HomeMy Public PortalAboutPBC Commission on Affordable Housing Triennial Report (November 2018)
IPM.Note
PBC Commission on Affordable Housing Triennial Report (November 2018)
Sheila Brown A.
SMTP
SABrown@pbcgov.org
PBC Commission on Affordable Housing Triennial Report (November 2018)
X-Vipre-Scanned: 0FA1BF7201363C0FA1C0BF
Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by
GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id
15.0.1130.7 via Mailbox Transport; Thu, 18 Apr 2019 11:32:46 -0400
Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by
GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id
15.0.1130.7; Thu, 18 Apr 2019 11:32:38 -0400
Received: from proofa3v-gcc.co.palm-beach.fl.us (151.132.50.246) by
GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id
15.0.1130.7 via Frontend Transport; Thu, 18 Apr 2019 11:32:25 -0400
Received: from PBCEOCEXCH02.pbcgov.org ([151.132.207.19])
by proofa3v-gcc.co.palm-beach.fl.us (8.16.0.27/8.16.0.27) with ESMTPS id x3IFW2Q7004575
(version=TLSv1.2 cipher=ECDHE-RSA-AES128-GCM-SHA256 bits=128 verify=NOT);
Thu, 18 Apr 2019 11:32:02 -0400
Received: from PBCEOCEXCH02.pbcgov.org (151.132.231.166) by
PBCEOCEXCH02.pbcgov.org (151.132.231.166) with Microsoft SMTP Server
(version=TLS1_2, cipher=TLS_ECDHE_RSA_WITH_AES_128_GCM_SHA256) id
15.1.1591.10; Thu, 18 Apr 2019 11:32:00 -0400
Received: from PBCEOCEXCH02.pbcgov.org ([151.132.231.166]) by
PBCEOCEXCH02.pbcgov.org ([151.132.231.166]) with mapi id 15.01.1591.008; Thu,
18 Apr 2019 11:32:00 -0400
From: Sheila Brown A. <SABrown@pbcgov.org>
To: Sheila Brown A. <SABrown@pbcgov.org>
CC: Carlos Serrano <CSerrano@pbcgov.org>, Jonathan Brown <JBrown2@pbcgov.org>,
Sherry Howard <SHoward@pbcgov.org>, Lesley George <LGeorge@pbcgov.org>,
Carmen Cepeda I. <CCepeda@pbcgov.org>
Subject: PBC Commission on Affordable Housing Triennial Report (November 2018)
Thread-Topic: PBC Commission on Affordable Housing Triennial Report (November
2018)
Thread-Index: AdT1+6GgYO1Dy9fpTp6BOD/lC4ErZw==
Date: Thu, 18 Apr 2019 15:31:59 +0000
Message-ID: <5f50f5d04d9f4aea95651c548ded9aca@pbcgov.org>
Accept-Language: en-US
Content-Language: en-US
X-MS-Exchange-Organization-AuthAs: Anonymous
X-MS-Exchange-Organization-AuthSource: GSEXCH-1.GulfstreamTH.local
X-MS-Has-Attach: yes
X-MS-TNEF-Correlator:
x-originating-ip: [151.132.84.98]
x-proofpoint-virus-version: vendor=fsecure engine=2.50.10434:,,
definitions=2019-04-18_07:,, signatures=0
x-proofpoint-virus-details: default_rule
x-vipre-scanned: 0EFD9DCF0122E00EFD9F1C
Content-Type: multipart/mixed;
boundary="_008_5f50f5d04d9f4aea95651c548ded9acapbcgovorg_"
MIME-Version: 1.0
Sheila Brown A.
SMTP
SABrown@pbcgov.org
Carlos Serrano; Jonathan Brown; Sherry Howard; Lesley George; Carmen Cepeda I.
Sheila Brown A.
Deleted Items
PBC Commission on Affordable Housing Triennial Report (November 2018)
Palm Beach County’s local affordable housing advisory committee, the Commission on Affordable Housing, undertakes a triennial review of local ordinances, regulations, policies, and
plans and makes recommendations for incentives to facilitate affordable housing. This effort most recently resulted in the attached Triennial Affordable Housing Incentives Review and
Recommendations Report (November 2018). We encourage you to review your own municipal policies, regulations, and plans for consistency with the Triennial Report recommendations.
Further, you may wish to consider adopting comparable local incentive strategies that will facilitate affordable housing in your municipality. Should you have any questions regarding
the Triennial Report, please feel free to contact me at the number below.
Additionally, your municipality is welcome to attend the CAH’s public meetings to gain insight on its workings and perhaps share your perspective and efforts regarding affordable housing
within your municipality. If you would be so kind as to identify a contact person, we will send advance notices of such meetings. Thank you,
Carlos R. Serrano, Director of Strategic Planning and Operations
Department of Housing and Economic Sustainability
100 Australian Avenue, Suite 500
West Palm Beach, FL 33406
Phone: (561) 233-3608
Website: http://discover.pbcgov.org/hes <http://discover.pbcgov.org/hes>
________________________________
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity.
Instead, contact this office by phone or in writing.
594F7FBC1819E744BA1B6FBE4C8B783F@gulf-stream.org
<5f50f5d04d9f4aea95651c548ded9aca@pbcgov.org>
Palm Beach County’s local affordable housing advisory committee, the Commission on Affordable Housing, undertakes a triennial review of local ordinances, regulations, policies, and
plans and makes recommendations for incentives to facilitate affordable h
Gregory Dunham
Gregory Dunham
EX
/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=CE80410CF76C479E9290EB006B21C576-GDUNHAM
EX
/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=CE80410CF76C479E9290EB006B21C576-GDUNHAM
Sheila Brown A.
Sheila Brown A.
Gregory Dunham
Gregory Dunham
SABrown@pbcgov.org
SABrown@pbcgov.org
gdunham@gulf-stream.org
gdunham@gulf-stream.org
II=[CID=cb43ed60-e9d7-9e4e-8138-3fe50b812b67;IDXHEAD=D4F5FBA1A0;IDXCOUNT=1];TFR=NotForking;Version=Version 15.20 (Build 2157.0), Stage=H4;UP=10;DP=1C5
en
GSEXCH-1.GulfstreamTH.local
en-US
9C6C4BEF072980BB
Anonymous
0FA1BF7201363C0FA1C0BF
Sheila Brown A.
SMTP
SABrown@pbcgov.org
SABrown@pbcgov.org
Sheila Brown A.
Carlos Serrano
SMTP
CSerrano@pbcgov.org
CSerrano@pbcgov.org
Carlos Serrano
Jonathan Brown
SMTP
JBrown2@pbcgov.org
JBrown2@pbcgov.org
Jonathan Brown
Sherry Howard
SMTP
SHoward@pbcgov.org
SHoward@pbcgov.org
Sherry Howard
Lesley George
SMTP
LGeorge@pbcgov.org
LGeorge@pbcgov.org
Lesley George
Carmen Cepeda I.
SMTP
CCepeda@pbcgov.org
CCepeda@pbcgov.org
Carmen Cepeda I.
image001.jpg
.jpg
image001.jpg
image001.jpg
image/jpeg
image001.jpg@01D4F474.8DF42B40
EnUs
image004.png
.png
image004.png
image004.png
image/png
image004.png@01D4F5DA.550FC700
EnUs
image005.jpg
.jpg
image005.jpg
image005.jpg
image/jpeg
image005.jpg@01D4F5DA.550FC700
EnUs
Triennial Report 2018.pdf
Triennial Report 2018 Triennial Affordable Housing Incentives Review and Recommendations Report Commission on Affordable Housing November 2018 This Page Intentionally
Left Blank PBC Triennial Report 2018 Table of Contents Introduction…………………………………………………………………………………………………. 1 Evaluation and Recommendations……………………………………………………………..… 2 1. The processing
of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f()3…………………………………………………..
2 2. The modification of impact-fee requirements, including reduction or wavier of fees and alternative methods of fee payment for affordable housing……………………………………………………………………………………………………..…
3 3. The allowance of flexibility in densities for affordable housing……………….. 4 4. The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons,
and moderate-income persons…………………….. 5 5. The allowance of affordable accessory residential units in residential zoning districts…………………………………………………………………………………………….. 6 6. The reduction
of parking and setback requirements for affordable housing 7 7. The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing………………………………………………………….
8 8. The modification of street requirements for affordable housing……………. 8 9. The establishment of a process by which a local government considers, before adoption, policies, procedures,
ordinances, regulations, or plan provisions that increase the cost of housing………………………………………………… 8 10. The preparation of a printed inventory of locally owned public lands suitable
for affordable housing…………………………………………………………………… 9 11. The support of development near transportation hubs and major employment centers and mixed-use developments……………………………………… 10
12. The maintenance of the existing supply of affordable housing in Palm Beach County, both owner-occupied and rental housing, is a critical to serve local affordable housing demand……………………………………………
…………………… 11 Report Development and Adoption……………………………………………………………………. 11 Attachment 1 – PBC ULDC, Article 5, Supplementary Standards Attachment 2 – PBC Comprehensive Plan, Housing
Element Attachment 3 – PBC Workforce Housing Program Approved Projects PBC Triennial Report 2018 Page 1 of 11 Introduction On May 18, 1993, the Palm Beach County Board of
County Commissioners (BCC) adopted an Affordable Housing Ordinance (No. 93-8) pursuant to F.S. 420.9072 and in order for the County to receive State Housing Initiatives Partnership
(SHIP) Program funding from the Florida Housing Finance Corporation. The Ordinance established the Commission on Affordable Housing (CAH) as the local affordable housing advisory committee.
On May 16, 2017, the BCC adopted a new Affordable Housing Ordinance (No. 2017-017) which revised the responsibilities of the CAH to focus on statutory duties under F.S. 420.9076, primary
among which is a triennial review of local affordable housing incentives. F.S. 420.9076(4) requires that the advisory committee review the County’s established policies and procedures,
ordinances, land development regulations, and adopted comprehensive plan, and recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting
the ability of property to appreciate in value. The recommendations may include modification or repeal of existing policies, procedures, ordinances, regulations or plan provisions,
including recommendations to amend the comprehensive plan and corresponding regulations, ordinances, and other policies. The triennial review must, at a minimum, evaluate affordable
housing incentives in the following eleven (11) areas: 1) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree
than other projects, as provided in s. 163.3177(6)(f()3. 2) The modification of impact-fee requirements, including reduction or wavier of fees and alternative methods of fee payment
for affordable housing. 3) The allowance of flexibility in densities for affordable housing. 4) The reservation of infrastructure capacity for housing for very-low-income persons, lowincome
persons, and moderate-income persons. 5) The allowance of affordable accessory residential units in residential zoning districts. 6) The reduction of parking and setback requirements
for affordable housing. 7) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. 8) The modification of street requirements for
affordable housing. 9) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that
increase the cost of housing. 10) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. 11) The support of development near transportation
hubs and major employment centers and mixed-use developments. PBC Triennial Report 2018 Page 2 of 11 The County’s strategies associated with these incentives are found in the Unified
Land Development Code (ULDC), a collection of zoning, subdivision, and other regulations that implement the policies of the Palm Beach County Comprehensive Plan. Other incentive strategies
are manifested in affordable housing assistance programs established by the BCC. The majority of identified incentives are offered through the County’s Affordable and Workforce Housing
Programs, local initiatives that provide incentives to spur the development of affordable (0-60% AMI) and workforce (60-140% AMI) housing in the unincorporated areas of the County.
For each affordable housing incentive identified in statute, this Triennial Report provides: 1) an evaluation of the current status of implementation; and 2) recommendations for modifications
to improve efficacy. Evaluation and Recommendations 1) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree
than other projects, as provided in s. 163.3177(6)(f()3. The Unified Land Development Code (ULDC) provides opportunities for expedited review of certain development approval processes
through the Workforce Housing Program (ULDC Article 5.G.1.E.3.) and the Affordable Housing Program (ULDC Article 5.G.2.D.3). The processes for expedited design and platting review
are described in the ULDC as follow: Design Review Review of multifamily or townhouse structures by the Building Division and Fire Rescue shall be allowed concurrent with final DRO
review, prior to permit application. [Ord. 2009-040] Platting If only a boundary plat is required for an existing single lot, building permits may be issued after submittal of
the final plat for recordation. [Ord. 2009-040] If a subdivision plat is required, permits will be concurrently reviewed, but only issued at recording of the plat. [Ord. 2009-040]
Pursuant to Article 3.E.1.G.1.a, Permits, Building permits for sales offices, sales models, gate houses, entry features, and utilities may be issued prior to the recording of a final
plat. [Ord. 2009-040] Recommendations: The County should employ a staff position charged with the task of shepherding applications for affordable housing developments through all
stages of the development review process. The position should work to expedite application progression through the review process and to advocate for necessary development approvals.
PBC Triennial Report 2018 Page 3 of 11 2) The modification of impact-fee requirements, including reduction or wavier of fees and alternative methods of fee payment for affordable
housing. On November 17, 2009, the Board of County Commissioners (BCC) authorized (R2009-2013) the utilization of impact fee investment earnings on roads, parks, and public buildings
to support affordable housing within Palm Beach County. During each annual budget cycle, the BCC designates 50% of the investment earnings realized during the prior year, but not exceeding
$3 million, for the Impact Fee Affordable Housing Assistance Program (IFAHAP). More recently, on April 10, 2018, the BCC adopted Resolution R2018-0605 to repeal and replace R2009-2013
and revise IFAHAP guidelines. The IFAHAP provides assistance to offset the impact fees due on new residential construction affordable to households with incomes not exceeding 140%
AMI. For each IFAHAP funding cycle, DHES publishes a NOFA offering impact fee assistance in certain amounts for various impact fee type(s) and benefit zone(s). Applications are
funded on a first-come / first-served basis until all funds are allocated or until the funding cycle allocation deadline transpires two (2) years from the date of the initial Board
designation of the funds. Projects must utilize the IFAHAP assistance within one (1) year from the date award by the BCC. Flexibility in program guidelines is constrained by limitations
emanating from State statutes which restrict the use of IFAHAP funds to within the same zones and for the same purposes as for which the original impact fees were initially collected.
Further constraints result from County budgetary processes which limit the form of IFAHAP funds to assistance towards impact fees due but not yet paid. To date the IFAHAP has resulted
in awards to 14 projects, resulting the completion of 563 newly constructed affordable housing units, and another 316 units under development at the time of this report. PBC Impact
Fee Affordable Housing Assistance Program (IFAHAP) Projects Project Name Funding Cycle BCC Approval Date IFAHAP Assistance Housing Units Dakota Apartments 2011 4/3/2012 $ 445,512
132 Dunbar Senior Complex 2014 7/7/2015 $ 229,533 99 La Joya Villages 2014 8/18/2015 $ 192,851 55 Silver Palm Place 2014 9/22/2015 $ 261,760 120 Davis Landings West
2015 5/3/2016 $ 121,669 24 Royal Palm Place 2015 1/10/2017 $ 219,358 125 Neighborhood Renaissance 2016 9/12/2017 $ 13,891 8 Completed Subtotal $ 1,484,574
563 Habitat for Humanity South 2016 9/12/2017 $ 52,799 7 Banyan Court 2016 12/5/2017 $ 14,496 85 Davis Landings West 2016 12/19/2017 $ 53,063 20 Georgian Gardens
2016 12/5/2017 $ 235,291 87 ME-ST Veterans Project 2017 9/18/2018 $ 69,754 14 PBC Triennial Report 2018 Page 4 of 11 Village of Valor 2017 9/18/2018 $ 272,306 101
Development Underway Subtotal $ 697,709 314 Total IFAHAP $ 2,182,287 877 Recommendations: The County should utilize earnings generated by investment of school impact
fee collections to increase funding to the Impact Fee Affordable Housing Assistance Program (IFAHAP), and should also seek other sources of funding for IFAHAP. 3) The allowance of
flexibility in densities for affordable housing. The County's Workforce Housing Program (WHP) and Affordable Housing Program (AHP) provide similar opportunities to developers to increase
density from 30 up to 100 percent in accordance with the ULDC Article 5.G.1.H.1. (WHP, adopted 2006) and Article 5.G.2.E.1. (AHP, adopted 2010). Projects requiring a density bonus of
greater than 30% are required to conduct a sector analysis as described in Article 5.G.1.H. of the ULDC [Ord. 2006-055] WHP projects, including relocated WHP units, shall be equitably
distributed so that there is no undue concentration of very-low and low income households. Table 5.G.1.H, WHP Density Bonus Guide indicates the maximum density bonus permitted and
the concentration of very-low and low income housing within a sector will be one factor taken into consideration when determining the maximum density bonus permitted.
Other factors to be considered include: o if the location of the proposed development and its relationship to the study area; the housing type(s) proposed; o if the development
site is located within 1/4 mile radius of a public park (neighborhood or regional park, not a golf course); civic uses (schools/libraries); a mass transit facility/route; child care
facilities; medical facilities; a super market; a community commercial facility; employment opportunities; and Table 5.G.1.H - WHP Density Bonus Guide % of Very Low & Low Income Households
in Sector > 50% 40-50% 20-40% 0-20% Maximum Density Bonus (1) up to 40% up to 60% up to 80% up to 100% [Ord. 2009-01] [Ord. 2010-005] Notes: 1. The Planning Director may recommend a
density bonus in excess of the Maximum Density Bonus where the project serves to mitigate existing very low and low income concentrations by including a mix of higher income market
rate units or Medium 1, Medium 2 and Middle Income WHP units. [Ord. 2006-055] PBC Triennial Report 2018 Page 5 of 11 o if the development site is located within 1/2 mile radius of
social services; a regional commercial facility; an industrial facility; additional civic uses and employment opportunities. Prior to submittal of a WHP pre-application, the applicant
shall meet with the Planning Director or designee to establish the sector within which the distribution analysis shall be conducted. The boundaries of the sector shall be approved
by the Planning Director or designee. The maximum density bonus permitted or a bonus in excess of the maximum shall be recommended by the Planning Director or designee. [Ord. 2010-005]
The County’s Transfer of Development Rights Program (TDR) is a voluntary program administered by the Zoning Division that allows a property owner to achieve a density bonus for new
residential development within the Urban/Suburban Tier in unincorporated Palm Beach County. The owner purchases the increase in density from the Palm Beach County TDR Bank, or from
a property owner with land in a designated area, without going through the land use amendment process. TDR provides for increased density of up to five (5) units per acre based on
geographic location, and requires that thirty-five percent (35%) of all TDR units be WHP Units. The list of approved developments with a component of WHP units is attached. Some of
these developments also include any TDR units when appropriate. Recommendations: Maintain in current form. 4) The reservation of infrastructure capacity for housing for very-low-income
persons, lowincome persons, and moderate-income persons. The County’s Comprehensive Plan Transportation Element acknowledges that under certain limited circumstances dealing with transportation
facilities, countervailing planning and public policy goals may come in to conflict with the requirement that adequate public facilities be available concurrent with the impacts of
such development, and that in certain circumstances, lower LOS standards for specific roadway segments and intersections are appropriate. In furtherance of the public policy goal of
Affordable and Workforce Housing, the Transportation Element Policy 1.2-d.4 provides: For the public purpose of allowing developments that include Workforce and Affordable Housing
units (as defined in Housing Element Policies 1.5-g and 1.5-i) to be constructed, the level of service standard permitted for all housing units beyond the standard density (as defined
in Future Land Use Element Table III.C.1) on affected segments and intersections shall be up to 30% above the LOS D volume on those segments and intersections. The County's Workforce
Housing Program (WHP) and Affordable Housing Program (AHP) provide identical "traffic performance standards mitigation" opportunities to developers in accordance with the Unified Land
Development Code (ULDC) Article 5.G.1.E.2. (WHP, adopted 2006) and PBC Triennial Report 2018 Page 6 of 11 Article 5.G.2.D.2. (AHP, adopted 2010). This allows developments with WHP/AHP
units to exceed Level of Service D by 30%, increasing the available concurrency for traffic and reserving that traffic for those WHP/AHP developments that need it. Level of Service
(LOS) is a measure of the operation of a roadway based upon traffic volumes in relation to roadway capacity. LOS is represented by the letters A through F, with A representing the
condition with the least driver delay and F representing the condition with the most driver delay. In general, LOS D describes high-density areas where speed and freedom to maneuver
in the roadway are stable but severely restricted. Traffic Performance Standards (TPS) mitigation for WHP is described in Article 5.G.1.E. of the ULDC and provides for the following:
WHP Special Methodologies: TPS mitigation shall be permitted for WHP projects in accordance with County Comprehensive Plan Transportation Element Policy 1.2-d (4). [Ord. 2006-055]
[Ord. 2011-016] WHP Traffic Concurrency Hall Pass: TPS mitigation shall also include the option of applying for a WHP Traffic Concurrency Hall Pass separate from a development order
application. The WHP Traffic Concurrency Hall Pass serves as a provisional traffic concurrency approval for a period of not more than 90 days, during which it must be merged into an
application submitted for a Concurrency Reservation approval. The WHP Traffic Concurrency Hall Pass is described further in Art. 2.F. [Ord. 2006-055] Recommendations: Maintain in
current form. 5) The allowance of affordable accessory residential units in residential zoning districts. The ULDC allows for accessory residential units in certain residential zoning
designations. An accessory dwelling is a complete independent living facility equipped with a kitchen and provisions for sanitation and sleeping. Policies that allow accessory dwellings
increase the residential development potential of single family property. Accessory units are often offered for rent, providing and an affordable rental opportunity to the tenant,
and providing income to the homeowner increasing financial stability of the household. ULDC Article 4.B.1.A.1. (adopted 2005) provides for standards for accessory dwelling units:
A maximum of one accessory dwelling may be permitted as an accessory use to a principal single family dwelling unit which is owner occupied. The accessory dwelling may be attached to
the principal dwelling or freestanding. Maximum Floor Area o On less than one acre: 800 square feet. o On one acre or more: 1000 square feet. o The floor area calculation shall
include only the living area of the accessory dwelling under a solid roof. [Ord. 2005-041] Additional Floor Area o Floor area under a solid roof that is utilized as a porch, patio,
porte cohere, carport, or garage shall not exceed 500 square feet. Maximum Number of Bedrooms/Baths o One bedroom and one bathroom. PBC Triennial Report 2018 Page 7 of 11 Compatibility
o The accessory dwelling shall be architecturally compatible in character and materials with the principal dwelling. Property Development Regulations (PDRs) o The accessory dwelling
shall comply with the PDRs applicable to the principal dwelling. No Separate Ownership o The accessory dwelling shall remain accessory to and under the same ownership as the principal
dwelling and shall not be subdivided or sold as a condominium. Kitchen Removal o An agreement to remove all kitchen equipment shall be executed for the dwelling unit prior to the
issuance of a Building Permit. The agreement shall require the kitchen to be removed if the principal dwelling is no longer owner occupied. No Separate Electrical Service o Both
the principal single family dwelling and the accessory dwelling shall be connected to the same meter. Separate electric service shall be prohibited. [Ord. 2005-041] Recommendations:
The County should modify its land development regulations to be less restrictive in order to allow for greater opportunity for the development of accessory dwelling units. Specifically,
the County should ease regulations to offer flexibility in setback requirements, eliminate requirements for kitchen removal, and eliminate the prohibition on separate electrical service.
6) The reduction of parking and setback requirements for affordable housing. The County's Workforce Housing Program (WHP) and Affordable Housing Program (AHP) provide identical "setback
reduction" opportunities to developers in accordance with the Unified Land Development Code (ULDC) Article 5.G.1.E.4.h. (WHP, adopted 2006) and Article 5.G.2.D.4.h. (AHP, adopted 2010).
Flexible regulations are described in ULDC Article 5.G.2.D.4., and are applicable to projects with Medium Residential, 5 units per acre (MR-5), High Residential 8 units per acre
(HR-8), High Residential 12 units per acre (HR-12), or High Residential 18 units per acre (HR-18) Future Land Use designations, or if approved as a Planned Development District or Traditional
Development District. Projects with these designations may deviate from the residential requirements of Table 3.D.1.A, Property Development Regulations, or Table 3.D.2.B, ZLL Property
Development Regulations, as follows: [Ord. 2009-040] Single Family Dwelling units may be permitted up to a maximum ten percent deviation for the following Property Development Regulations:
lot size; width and frontage; building coverage; and, side, and rear setbacks. [Ord. 2009-040] PBC Triennial Report 2018 Page 8 of 11 SFD units limited to one floor with no loft
or other similar feature, may be permitted up to a maximum 20 percent deviation for the following PDR’s: building coverage; and front and side street setbacks. [Ord. 2009-040] Zero
Lot Line lots may be permitted up to a maximum lot width reduction of five feet, and ten percent deviation from the minimum lot size, building coverage, and front setback for units
with front loading garages. [Ord. 2009-040] Recommendation: The County should reduce current setback requirements for all housing types and/or offer increased deviation from setback
requirements for Affordable and Workforce Housing development. The County should consider adoption of parking standards for elderly housing and other affordable housing that accurately
reflect parking demand for these uses. 7) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. The ULDC Article 5.G.1.E.4.h.
(WHP, adopted 2006) and Article 5.G.2.D.4.h. (AHP, adopted 2010) provide for flexible lot configurations, including zero-lot-line configurations, as described above in #6. Recommendations:
Maintain in current form. 8) The modification of street requirements for affordable housing. As discussed at #4 above, the County’s Comprehensive Plan Transportation Element Policy
1.2d.4 permits Workforce and Affordable Housing developments to generate vehicular traffic on streets beyond the level otherwise allowable. Opportunities for “traffic performance standards
mitigation” are codified in ULDC Article 5.G.1.E.2. (WHP, adopted 2006) and Article 5.G.2.D.2. (AHP, adopted 2010). Recommendations: Maintain in current form. 9) The establishment
of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. The processes
for adoption of new or modified Comprehensive Plan policies, County ordinances, and Unified Land Development Code (ULDC) regulations involve consideration by various groups and offer
the opportunities for input by affordable housing advocates and the general public. These processes regularly involve public notices of proposed actions, public meetings, and multiple
stages of approval by various public bodies, such as the Land Development Review Advisory Board, the Planning Commission, the Zoning Commission, and the Board of County Commissioners.
County PPM CW-O-057 requires that an economic impact analysis be prepared PBC Triennial Report 2018 Page 9 of 11 for proposed County ordinances that may have an economic impact on
commerce, employment, or incomes. Further, the Comprehensive Plan Housing Element Policy 1.1-h calls for the County to review and streamline existing ordinances, codes, and regulations
related to the permitting process in order to reduce excessive requirements that increase the cost of housing, and to add other provisions that increase private sector production of
affordable housing. The Planning, Zoning, and Building Department (PZB) is designated to lead these efforts, with assistance from the Department of Housing and Economic Sustainability
(DHES) and other departments. When considering changes to the Comprehensive Plan or Unified Land Development Code (ULDC) that might increase the cost of housing, PZB regularly solicits
review and comment from the DHES. Recommendations: The County should prepare an economic impact estimate when considering new regulations, policies, or procedures that may increase
the cost of housing. 10) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. The Palm Beach County Comprehensive Plan Housing Element,
Policy 1.1-i, requires an inventory of all surplus County owned land and foreclosed properties that may be suitable for affordable housing. The County’s Property and Real Estate Management
Division (PREM) is responsible for identification of such properties, and for coordinating with the Palm Beach County School Board, the South Florida Water Management District, and
other public landowners to produce a list of viable sites for affordable housing developments and special needs housing, including rural and farmworker households. DHES is responsible
for review of the inventory in order to advise on suitability of properties for affordable housing purposes. The County may make direct land grants to private not-for-profit agencies,
and may also make land for affordable housing available to developers in exchange for other land that will serve a public purpose. Countywide Policy and Procedure Memorandum CW-L-023
Requirements for the Acquisition, Disposition, Lease, and Exchange of Real Property establishes procedure requirements for disposition of County-owned real estate, including donation
to not-for-profit entities. Recipients for disposition of County owned property must be selected through a competitive process, except for not-for-profit recipients whom may be selected
on a non-competitive basis, however, all dispositions must be approved by the Board of County Commissioners. The majority of surplus County-owned lands are undevelopable or face significant
development constraints due to property size, shape, access limitations, easements, adjacent uses, and/or remote location. A smaller subset of these surplus lands has the potential
for affordable housing development. Mainly, these are small vacant lots within established neighborhoods that have the potential to be developed with a single-family home or a small
multi-family structure (duplex, triplex, etc.). Additionally, existing homes occasionally come into County ownership through foreclosure, and may be suitable for affordable housing
purposes. PBC Triennial Report 2018 Page 10 of 11 In the past three (3) years, the County has made the following grants of surplus County-owned land to local not-for-profit developers
for purposes of affordable housing: Recipient Property Type Community Land Trust of PBC 702 Latona Ave., Lake Worth Existing SF home Community Land Trust of PBC 8276 Blue Cypress
Dr., Lake Worth Existing SF home Community Land Trust of PBC 5030 Elmhurst Rd., Unit E, West Palm Beach Existing SF home Community Land Trust of PBC 769 Imperial Lake Rd., Greenacres
Existing SF home Habitat for Humanity 18507 Limestone Creek Rd., Jupiter Vacant SF lots (2) Recommendations: The County should expand the inventory of County-owned properties suitable
for housing to include those properties deemed undevelopable. The County should be bolder in its disposition of County-owned land to developers of affordable housing. 11) The support
of development near transportation hubs and major employment centers and mixed-use developments. The County's Workforce Housing Program (WHP) and Affordable Housing Program (AHP) provide
similar opportunities to developers to increase density from 30 up to 100 percent in accordance with the ULDC Article 5.G.1.H.2. (WHP, adopted 2006) and Article 5.G.2.E.1. (AHP, adopted
2010). When determining the density bonus proximity of the proposed site to mass transit and employment opportunities are among the items considered, thereby providing an incentive
for affordable development in closer proximity to the same. Specific instruction regarding the Density Determination is provided in Article 5.G.1.H.2. of the ULDC as follows: The
Planning Director shall provide a written density determination letter within ten days of determining the pre-application is sufficient. The determination shall be based on the sector
analysis, size, location and development characteristics of the project with consideration given towards affordability, accessibility, proximity to mass transit or employment centers,
compatibility, quality of design, pedestrian and vehicular circulation, open space, and resource protection. The Planning Director shall prepare a report for the applicant, Development
Review Office, Zoning Commission, or Board of County Commissioners, whichever is appropriate, making a determination of compliance with this chapter, consistency with the Plan and recommend
approval, approval with conditions, or denial of the request. (Ord. 2006-055) Transit Oriented Development (TOD) is a type of development that includes a mixture of housing, office,
retail, and other amenities integrated into a walkable neighborhood and located within a half-mile of quality public transportation. It should be noted that there are limited opportunities
for TOD in the unincorporated area over which Palm Beach County has jurisdiction, and that opportunities for TOD along passenger rail lines are present exclusively within local PBC
Triennial Report 2018 Page 11 of 11 municipalities. Nevertheless, in 2012 the County entered into an agreement for the sale of County owned property to create a TOD within the City
of West Palm Beach. The project, Transit Village, will include 400,000 s.f. of office space, a 375-room hotel, 75,000sf of retail space, a 12,500 s.f. civic learning center, and 450
residential units, including workforce units. The project site is a hub for intermodal transit services including Tri-Rail, Amtrak, Greyhound, Palm Tran, and City Trolley, in addition
to being pedestrian friendly and in walkable distance to CityPlace, the Convention Center, and the core of downtown West Palm Beach. Transit Village received approval from the City
of West Palm Beach in December 2017, and is scheduled to break ground during 2018. Recommendations: The County should support the inclusion of affordable housing units within the
TOD. 12) The maintenance of the existing supply of affordable housing in Palm Beach County, both owner-occupied and rental housing, is a critical to serve local affordable housing
demand. Recommendation: The County should direct resources to support the preservation and upgrading of the existing affordable housing stock in order to increase its long-term sustainability.
Report Development and Adoption The Triennial Report was developed by the CAH with support from staff of the Department of Housing and Economic Sustainability (DHES). Its preparation
included discussion at three (3) public meetings of the CAH. On November 1, 2018, a public notice providing a summary of the evaluation and recommendations was published in the Palm
Beach Post, posted on the DHES website, and sent directly to interested parties. The advertisement included notice of the November 14, 2018, meeting at which the Report was adopted
by the CAH. Within ninety (90) days thereafter, the BCC will consider the recommendations of the CAH and amend the Palm Beach County Local Housing Assistance Plan (LHAP) to incorporate
the incentive strategies which the County elects to implement. Attachment 1 Palm Beach County Unified Land Development Code Article 5, Supplementary Standards Unified
Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 1 of 110 ARTICLE 5 SUPPLEMENTARY STANDARDS Page CHAPTER A GENERAL ...................................
..................................................................................................... 9 Section 1 Purpose and Intent ..................................................................
....................................................... 9 Section 2 Definitions .......................................................................................................................
................ 9 Section 3 Deviations ........................................................................................................................................ 9 A.
PO Zoning District ....................................................................................................................................... 9 CHAPTER B ACCESSORY USES
AND STRUCTURES ..................................................................................... 9 Section 1 Supplementary Regulations ...........................................................
............................................... 9 A. Accessory Uses and Structures ................................................................................................................
9 1. General ................................................................................................................................................... 9 2. Fences and Walls
................................................................................................................................ 12 3. Outdoor Storage and Activities ................................
......................................................................... 18 4. Outdoor Display .......................................................................................................
........................... 19 5. Docks....................................................................................................................................................
20 6. Entry Features ..................................................................................................................................... 20 7. Fuel, Gas, or Chemical
Storage Tanks ............................................................................................. 21 8. Dumpsters ..........................................................................
................................................................. 21 9. Neighborhood Recreation Facility ..............................................................................................
...... 21 10. Outdoor Recreation Amenities .......................................................................................................... 23 11. Screen Enclosures ........................
...................................................................................................... 25 12. Communication Antennas...................................................................
............................................... 28 13. Accessory Radio Tower .....................................................................................................................
29 14. Government Owned Towers .............................................................................................................. 29 15. Amateur Radio and Television Antennas
......................................................................................... 31 16. Satellite Dish Antennas .............................................................................
......................................... 33 17. Neighborhood Commercial Development (NCD) ............................................................................. 34 18. Bike Racks
........................................................................................................................................... 34 19. Permanent Generators ..............................
......................................................................................... 35 20. Mechanical Equipment .................................................................................
...................................... 37 21. Livestock ..............................................................................................................................................
37 22. Pot Bellied Pigs ................................................................................................................................... 37 23. Mobile Home .......................
................................................................................................................. 38 24. Air Curtain Incinerator ......................................................
.................................................................. 38 25. Air Stripper ................................................................................................................
.......................... 39 26. Kennels and Runs ............................................................................................................................... 39
27. Accessory Solar Energy Systems ..................................................................................................... 39 B. Emergency or Temporary Government or Utility
Structures ................................................................ 40 1. Review and Approval Process ........................................................................................
................... 40 2. Tents .....................................................................................................................................................
40 3. Temporary Structures and Uses During Development Activity ..................................................... 41 4. Portable Storage Container ...............................................
................................................................ 44 5. Shipping Containers ............................................................................................................
............... 44 C. Flex Space .................................................................................................................................................. 44
1. Review Process ................................................................................................................................... 44 2. Development Standards ....................
................................................................................................. 44 CHAPTER C DESIGN STANDARDS .......................................................................
........................................... 45 Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 2 of 110 Section 1 Architectural
Guidelines .............................................................................................................. 45 A. Purpose and Intent ...................................................
................................................................................. 45 B. Threshold .....................................................................................................
.............................................. 45 1. General ..........................................................................................................................................
....... 45 2. Mixed Use ............................................................................................................................................ 46 C. Exemptions
................................................................................................................................................ 46 D. Effect .......................................
................................................................................................................. 46 1. Effect on Prior BCC and ZC Approvals ..........................................
................................................... 46 2. Effect on Prior DRO Approvals ..........................................................................................................
46 3. Effect on Other Regulations .............................................................................................................. 46 E. Review Process ................................
......................................................................................................... 46 1. Methods ...............................................................................
................................................................ 46 2. Unique Structure ...............................................................................................................
.................. 47 3. Type 1 Waiver - Green Architecture .................................................................................................. 47 4. Administrative Amendments
by DRO ............................................................................................... 50 F. Application Requirements ................................................................
........................................................ 50 G. Visual Impact Analysis .................................................................................................................
............. 50 1. Environmental Assessment ............................................................................................................... 50 2. Line of Sight Analysis..............
........................................................................................................... 50 3. Prevalent Theme .....................................................................
............................................................ 50 4. Architectural Compliance Statement ................................................................................................
50 H. Guidelines .................................................................................................................................................. 50 1. Nonresidential
Design Elements ....................................................................................................... 50 2. Multi-Family Design Elements ...........................................
................................................................ 53 I. Large Scale Commercial Development .............................................................................................
...... 53 1. Single Tenant Limit ............................................................................................................................. 54 2. Facade Orientation
.............................................................................................................................. 54 3. Single Tenants 65,000 Gross Square Feet or More
......................................................................... 54 J. Appeal ..............................................................................................................
.......................................... 56 1. Non-Judicial Remedies.......................................................................................................................
56 2. Exhaustion of Non-Judicial Remedies .............................................................................................. 56 CHAPTER D PARKS & RECREATION – RULES AND
RECREATION STANDARDS ..................................... 56 Section 1 General ......................................................................................................................
.................... 56 A. Purpose and Intent .................................................................................................................................... 56
B. Applicability ............................................................................................................................................... 56 Section 2 Types of
Parks .............................................................................................................................. 57 A. Countywide Parks and Preservation/Conservation
Areas .................................................................... 57 1. Countywide Parks ....................................................................................................
........................... 57 2. Countywide Park Impact Fees ........................................................................................................... 57 3. Reservations
........................................................................................................................................ 57 B. Community and Neighborhood Park Recreation
Standards ................................................................ 57 1. Required Recreational Areas .........................................................................................
.................... 57 2. Calculation of Required Recreation .................................................................................................. 57 3. Approval .......................
........................................................................................................................ 57 4. Reduction in Recreation Area Land Requirement ..........................
................................................. 57 5. Cash-Out Option ...............................................................................................................................
.. 58 6. Park and Recreation Trust Fund ....................................................................................................... 58 7. Other ...........................................
.......................................................................................................... 58 8. Open Space Credit ....................................................................
.......................................................... 58 9. Other Credits ........................................................................................................................
............... 58 C. Passive Park ............................................................................................................................................... 59
D. Public Park ................................................................................................................................................. 59 E. Infill Neighborhood
Park ........................................................................................................................... 59 Unified Land Development Code Supplement No. 24 (Printed
10/18) Article 5 - Supplementary Standards 3 of 110 F. Phasing ....................................................................................................................................
................... 59 1. Single Phasing .................................................................................................................................... 59 2. Multiple
Phasing .................................................................................................................................. 59 3. Multifamily and Congregate Living Facilities
................................................................................... 59 G. Public Park Landscape Standards.............................................................................
.............................. 59 1. General Standards ..............................................................................................................................
59 2. Perimeter Buffer Landscape Requirements ..................................................................................... 60 3. Off Street Parking Requirements ............................
.......................................................................... 60 CHAPTER E PERFORMANCE STANDARDS .........................................................................................
........... 61 Section 1 Major Intersection Criteria ........................................................................................................... 61 A. Four Lanes .....................
............................................................................................................................ 61 B. Five Year Road Plan ................................................
.................................................................................. 61 C. Traffic Volume ...............................................................................................
............................................. 61 D. R-O-W ............................................................................................................................................
............ 61 E. Upgrade Agreement .................................................................................................................................. 61 Section 2 Location
Criteria ........................................................................................................................... 61 A. Purpose and Intent ........................................
............................................................................................ 61 B. Intersection Criteria ..............................................................................
..................................................... 61 C. Separation Criteria .......................................................................................................................
............. 61 D. Existing Uses ............................................................................................................................................. 61 Section
3 Drainage ........................................................................................................................................ 61 A. Development That Meets Both
of the Following Criteria....................................................................... 61 B. Industrial Designations .......................................................................
...................................................... 63 C. Security Trailers or Caretakers’ Quarters Allowed In Conjunction with an Exempted Use .............. 63 D. Lands with Paola
or St. Lucie Soil Types ............................................................................................... 63 Section 4 Nuisances .......................................................
............................................................................... 63 A. General .........................................................................................................
.............................................. 63 1. Purpose and Intent ..............................................................................................................................
63 2. Applicability ......................................................................................................................................... 63 3. Conflicts ........................
....................................................................................................................... 63 4. Definitions .............................................................
............................................................................... 63 5. Exemptions ......................................................................................................
.................................... 63 B. Noise Limitations and Prohibitions .........................................................................................................
64 1. Prohibitions ......................................................................................................................................... 64 2. Maximum Sound Levels
..................................................................................................................... 64 3. Public Nuisance ..........................................................
........................................................................ 65 C. Vibration ..............................................................................................................
....................................... 65 1. Non-Industrial Districts ......................................................................................................................
65 D. Smoke, Emissions and Particulate Matter .............................................................................................. 65 1. General Requirements ..............................
.......................................................................................... 65 2. Smoke.................................................................................................
.................................................. 65 3. Dust and Particulate .........................................................................................................................
.. 65 4. Objectionable Odors ........................................................................................................................... 65 5. Toxic or Noxious Matter
..................................................................................................................... 65 E. Outdoor Lighting .........................................................
.............................................................................. 65 1. Purpose and Intent ...............................................................................................
............................... 65 2. Applicability .........................................................................................................................................
65 3. Submittal Requirements ..................................................................................................................... 67 4. Standards ...................................
.......................................................................................................... 67 Section 5 Hours of Operation ............................................................
........................................................... 69 Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 4 of 110 A. Proximity
to Residential ............................................................................................................................ 69 B. Measurement ........................................
...................................................................................................... 70 C. Existing Uses ............................................................................
................................................................. 70 D. Exemptions ....................................................................................................................
............................ 70 E. Type 2 Waiver .............................................................................................................................................
70 CHAPTER F LEGAL DOCUMENTS ................................................................................................................... 70 Section 1 Maintenance and Use Documents
.............................................................................................. 70 A. Purpose and Intent ..............................................................................
...................................................... 70 B. Applicability ............................................................................................................................
................... 70 C. Exception ....................................................................................................................................................
70 D. General Requirements .............................................................................................................................. 71 E. Documents Establishing
Maintenance and Use ..................................................................................... 71 1. Developments Including a Subdivision of Five or More Lots ............................
............................ 71 2. Subdivisions of a Maximum of Four lots .......................................................................................... 71 3. Rental Projects
.................................................................................................................................... 71 F. Content Requirement for Documents .........................
............................................................................ 71 1. Property Owner's Association (POA) Documents .......................................................................
.... 71 2. Declaration of Party Wall .................................................................................................................... 73 3. Unity of Control ......................
............................................................................................................. 73 4. Unity of Title ....................................................................
.................................................................... 73 Section 2 Easements ...........................................................................................................
.......................... 74 A. Easement Encroachment .......................................................................................................................... 74 1.
Minor Encroachments ........................................................................................................................ 74 2. Major Encroachments................................
......................................................................................... 74 3. Incompatible Uses .....................................................................................
......................................... 74 4. Application Process ............................................................................................................................
74 5. All Other Approvals Required ............................................................................................................ 74 6. Accountability .................................
.................................................................................................... 74 7. Modifications ..............................................................................
......................................................... 74 B. Drainage Easement Encroachments .......................................................................................................
74 CHAPTER G DENSITY BONUS PROGRAMS .................................................................................................... 75 Section 1 Workforce Housing Program (WHP)
........................................................................................... 75 A. Purpose and Intent .................................................................................
................................................... 75 B. Applicability ...............................................................................................................................
................ 75 1. Exemptions .......................................................................................................................................... 76 2. Limitations
........................................................................................................................................... 76 3. Income Ranges ......................................
.............................................................................................. 76 4. When WHP and AHP Units are Proposed ..............................................................
........................... 76 C. Development Options ...............................................................................................................................
76 1. No Incentives ....................................................................................................................................... 76 2. Limited Incentive ..................
............................................................................................................... 77 3. Full Incentive ..................................................................
..................................................................... 77 D. Design Requirements .......................................................................................................
......................... 77 1. Design ..................................................................................................................................................
77 E. WHP Incentives .......................................................................................................................................... 77 1. Density Bonus ..................
................................................................................................................... 77 2. Traffic Performance Standards Mitigation ....................................
................................................... 78 3. Expedited Review ............................................................................................................................
.... 78 4. Density Bonus Development Options ............................................................................................... 78 F. WHP On-site Construction ...........................
............................................................................................ 80 G. WHP Off-site Options ...............................................................................
................................................. 80 Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 5 of 110 1. Option 1 – Off-site
Construction ....................................................................................................... 80 2. Option 2 – Purchase Market Rate Units .....................................
....................................................... 80 3. Option 3 – Donate Buildable Land ....................................................................................................
80 4. Option 4 – In-lieu Payment (Prior to Issuance of First Residential Unit Building Permit) ........... 80 H. Additional Requirements for >30% Density Bonus ......................................
......................................... 80 1. Sector Analysis ...................................................................................................................................
80 2. Pre-Application .................................................................................................................................... 81 I. Affordability Requirements
...................................................................................................................... 82 1. Sales and Rental Prices of WHP Units ....................................
.......................................................... 82 2. Master Covenant ......................................................................................................................
........... 82 3. Monitoring and Compliance ............................................................................................................... 82 4. Enforcement .........................
............................................................................................................... 83 5. Release of Obligation to Construct WHP For-Sale Units ...........................
..................................... 83 6. Event of Default of for sale WHP unit following execution of binding contract:.......................... 84 7. Compatibility ..............................
......................................................................................................... 84 J. Annual Report .........................................................................
................................................................... 84 Section 2 Affordable Housing Program (AHP) .....................................................................................
...... 85 A. Purpose and Intent .................................................................................................................................... 85 B. Applicability
............................................................................................................................................... 85 1. Exemptions .....................................
..................................................................................................... 85 2. Limitation on Restrictions ................................................................
.................................................. 85 C. Design Requirements ..........................................................................................................................
...... 85 D. AHP Incentives........................................................................................................................................... 85 1. Density Bonus
..................................................................................................................................... 85 2. Traffic Performance Standards Mitigation
....................................................................................... 86 3. Expedited Review .......................................................................................
......................................... 86 4. Density Bonus Development Options ............................................................................................... 86 E.
Additional Requirements for Density Bonus .......................................................................................... 88 1. Sector Analysis ...........................................
........................................................................................ 88 2. Pre-Application ........................................................................................
............................................ 89 F. Affordability Requirements ......................................................................................................................
90 1. Sales and Rental Prices of AHP Units .............................................................................................. 90 2. Master Covenant ......................................
........................................................................................... 90 3. Monitoring and Compliance ...........................................................................
.................................... 90 4. Enforcement ........................................................................................................................................
90 5. Compatibility ....................................................................................................................................... 90 G. Annual Report ......................
...................................................................................................................... 91 Section 3 Transfer of Development of Rights (TDRs) – Special
Density Program ................................. 91 A. Purpose and Intent ...........................................................................................................................
......... 91 B. Authority ..................................................................................................................................................... 91 C.
Applicability ............................................................................................................................................... 91 D. Previous Approvals
................................................................................................................................... 91 E. Administration .............................................
.............................................................................................. 91 1. General ..........................................................................................
....................................................... 91 2. Responsibilities ........................................................................................................................
........... 91 F. Sending Areas............................................................................................................................................ 93 1. General
................................................................................................................................................. 93 2. Eligible Sending Areas .......................
................................................................................................ 93 3. Overlap in Sending Areas .......................................................................
........................................... 93 4. Transfer Rate .......................................................................................................................................
93 5. Computation of Development Rights ................................................................................................ 94 6. Restriction on Future Use .............................
..................................................................................... 94 7. Existing Uses .............................................................................................
.......................................... 94 8. Remaining Land Area .........................................................................................................................
94 G. Transfer of Development Rights (TDRs) Bank ....................................................................................... 94 Unified Land Development Code Supplement
No. 24 (Printed 10/18) Article 5 - Supplementary Standards 6 of 110 1. General ....................................................................................................................
............................. 94 2. Establishment of Development Rights for the Bank ....................................................................... 94 3. Transfer Rate From
the Purchase of Environmentally Sensitive Lands ....................................... 94 4. The Application, Sale, and Value of Development Rights .................................................
............. 95 5. Revenue from the Sale of TDRs ........................................................................................................ 95 H. TDR Receiving Areas ..................
.............................................................................................................. 95 1. Eligible Receiving Areas .........................................................
........................................................... 95 2. Qualify as a Receiving Area .........................................................................................................
...... 95 3. Compatibility with Adjacent Environmentally Sensitive Lands ..................................................... 95 4. Applicability TDR Increased Buffer and Setbacks for
LR-1, LR-2 and LR-3PDD ......................... 96 5. Prohibitions ..................................................................................................................................
....... 96 I. TDR Density Bonus Limitations ............................................................................................................... 96 1. WHP 35 Percent Requirement
........................................................................................................... 96 2. AHP 100 Percent Requirement ........................................................
.................................................. 96 3. WHP and AHP Units ............................................................................................................................
97 4. Permitted Density Ranges.................................................................................................................. 97 J. TDR: Sending Area Procedure ...................
.............................................................................................. 97 1. Sending Parcel Application .......................................................................
........................................ 97 2. Review Process ...................................................................................................................................
98 3. Written Determination ......................................................................................................................... 98 4. Easement Agreement/Restriction
..................................................................................................... 98 5. Re-Submittal of Application ..............................................................
................................................. 98 6. Development Rights Certificates .......................................................................................................
98 7. Limitations ........................................................................................................................................... 99 K. TDR: Receiving Area
Procedure .............................................................................................................. 99 1. General ...............................................................
.................................................................................. 99 2. Pre-application Conference ...................................................................................
............................ 99 3. Review Process ...................................................................................................................................
99 4. Contents of Application...................................................................................................................... 99 5. Standards ..................................
......................................................................................................... 100 6. Contract for Sale and Purchase of Development Rights .................................
............................. 100 L. Notification to Property Appraisers Office ........................................................................................... 100 M. County
Initiated Land Use Amendment ................................................................................................ 100 N. Overall Accounting System for TDR Density .......................
................................................................ 100 1. Density Reduction .............................................................................................................
................ 100 2. PUD Unused Density ........................................................................................................................ 100 CHAPTER H MASS
TRANSIT STANDARDS ................................................................................................... 101 Section 1 General ..........................................................
.............................................................................. 101 A. Authority .......................................................................................................
............................................ 101 B. Purpose and Intent ................................................................................................................................
.. 101 Section 2 Applicability and Standards ...................................................................................................... 101 A. Modifications to Previous Approvals
.................................................................................................... 101 B. Thresholds and Standards .................................................................
.................................................... 101 1. All residential developments of at least 50-units and all non-residential of at least 5-acres or 50,000 square feet .......................
...................................................................................................... 102 2. Non-residential developments of 100,000 square feet or more .............................
...................... 104 3. Development of Regional Impact (DRI) ........................................................................................... 104 Section 3 Site Plan
and Plat Dedication Language .................................................................................. 105 A. Site Plan Language: ...........................................................
..................................................................... 105 1. Bus Stop Boarding and Alighting Area(s): .................................................................................
.... 105 2. Mass Transit Circulation Plan: ........................................................................................................ 105 B. Plat Dedication Language: ..................
................................................................................................... 105 Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary
Standards 7 of 110 C. Easement Language (if dedicating as a separate document): ........................................................... 105 D. Property Owned by Palm Beach County
............................................................................................... 105 CHAPTER I MURALS .................................................................................
..................................................... 106 Section 1 Purpose and Intent ................................................................................................................
..... 106 Section 2 Restrictions on Placement ........................................................................................................ 106 A. Non-residential Buildings
and Structures ............................................................................................ 106 B. Adjacent to Interstate Highways ...................................................
......................................................... 106 C. Adjacent to Residential ..............................................................................................................
............. 106 Section 3 Application Procedures ............................................................................................................. 106 A. General .......................
.............................................................................................................................. 106 B. Application Requirements ........................................
.............................................................................. 106 C. Review .........................................................................................................
............................................. 106 Section 4 Design Criteria ...........................................................................................................................
. 107 A. Placement ................................................................................................................................................. 107 B. Size .....................
................................................................................................................................. 107 C. Obstructions .................................................
........................................................................................... 107 D. Restrictions .......................................................................................
....................................................... 108 E. Signs within Murals ....................................................................................................................
............. 108 F. Illumination ............................................................................................................................................... 108
G. Applicability of Art. 8, Signage ............................................................................................................... 108 Section 5 Installation and Time
for Completion of Mural ........................................................................ 108 A. Installation .................................................................................
............................................................... 108 B. Time for Completion ............................................................................................................
.................... 108 Section 6 Inspection .................................................................................................................................... 108
Section 7 Enforcement ................................................................................................................................ 108 CHAPTER J BEST MANAGEMENT
PRACTICES FOR LIVESTOCK WASTE RECEIVED FROM OFFSITE SOURCES ....................................................................................................................................
109 Section 1 Purpose and Intent ..................................................................................................................... 109 Section 2 Applicability ...................
............................................................................................................. 109 A. Exemptions .......................................................................
....................................................................... 109 Section 3 Storage or Spreading of Livestock Waste .........................................................................
...... 109 A. Storage ..................................................................................................................................................... 109 B. Spreading
................................................................................................................................................. 109 1. Nutrient Management Plan ....................
........................................................................................... 109 2. Separation .........................................................................................
................................................. 109 (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary
Standards 8 of 110 (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 9 of
110 ARTICLE 5 SUPPLEMENTARY STANDARDS CHAPTER A GENERAL Section 1 Purpose and Intent The purpose and intent of this Article is to establish minimum standards for accessory and temporary
uses, design standards, parks and recreation, performance standards, legal documents, and density bonus programs. Section 2 Definitions See Art. 1.I, DEFINITIONS & ACRONYMS Section
3 Deviations Deviation(s) from the provisions of this Article may be permitted for the following: [Ord. 2007-013] [Ord. 2010022] A. PO Zoning District Development supporting government
facilities within the PO Zoning District, subject to an application established by the Executive Director of PZB and approval by the BCC utilizing the following standards: [Ord. 2007-013]
[Ord. 2010-022] 1. the proposed deviation(s) maintains compatibility with the uses and character of land surrounding and in the vicinity of the land proposed for development; [Ord.
2007-013] 2. adverse effects on adjacent uses and lands, including but not limited to visual impact, are determined to be minimal or otherwise negligible upon review and consideration
of surrounding lands, uses, zoning, Future Land Use (FLU), character, or other preexisting conditions; [Ord. 2007-013] 3. special or unique circumstances or factors exist that are
applicable to the proposed use, structure, feature, or land proposed for development; [Ord. 2007-013] 4. the proposed deviation(s) allows for reasonable or practical use of the land
proposed for development; [Ord. 2007-013] 5. approval of the deviation(s) is consistent with the purpose, goals, policies, and objectives of the Plan and this Code; and, [Ord.2007-013]
6. approval of the deviation(s) is not injurious to the surrounding area or otherwise detrimental to public health, safety, and general welfare. [Ord. 2007-013] CHAPTER B ACCESSORY
USES AND STRUCTURES Section 1 Supplementary Regulations A. Accessory Uses and Structures 1. General The following provisions in this Section shall apply to all development in Standard,
PDD or TDD Zoning Districts, unless otherwise stated. [2007-001] [2017-007] a. Standards Uses indicated in the Use Matrix as blank in a zoning district shall not be allowed as accessory
use unless stated otherwise in Art. 4, Use Regulations. An accessory use or structure shall be subject to the same regulations that apply to the principal use or structure, except
as otherwise stated. [Ord. 2017-007] b. Location All accessory uses and structures except for approved off-site parking, shall be located on the same lot as the principal use. No
accessory structure shall be located in the front or side street yard except for dumpsters, or unless stated otherwise herein. [Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-002] Unified
Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 10 of 110 1) General Exceptions Structures such as: fences and walls; entry features for
access ways internal to a PUD; bike racks; outdoor recreation amenities and support structures such as cabanas, located within a Neighborhood Recreation Facility or Recreation Pod;
or, structures, projects and improvements listed in Art. 3.D.1.D.5, Setback Exceptions, excluding mechanical equipment accessory to a building, may be allowed within front or side street
yards. [Ord. 2017-025] 2) Exceptions for Buildings Accessory to Residential A detached garage, cabana, Accessory Quarters, or Guest Cottage, may be allowed within the front or side
street yard, subject to the following: [Ord. 2017-025] a) The building is consistent with the architecture characteristics of the principal building, including roofing materials, fenestration,
and paint color, where applicable; [Ord. 2017025] b) When accessory to a principal residential use, such as a Single Family Home, accessory structures shall be connected to the principal
building by common shared driveways, sidewalks, or pathways; and, [Ord. 2017-025] c) An application for a DO or Building Permit for any building proposing to utilize this provision
shall include an affidavit from a licensed architect or general contractor, delineating how the proposed building will be in compliance with the requirements above. [Ord. 2017-025]
3) Accessory Solar Accessory solar in the form of mechanical equipment attached to other permitted structures, or Solar Trees, in accordance with the standards of Art. 5.B.1.A.27, Accessory
Solar. [Ord. 2017-025] c. Floor Area 1) Nonresidential Zoning Districts Where allowed, accessory uses and structures shall not exceed 30 percent of the GFA or business receipts of the
principal use or uses, whichever is more restrictive. Minor Utility Use is not subject to this provision. [Ord. 2017-007] 2) Residential Zoning Districts Accessory uses and structures
in the U/S Tier shall not exceed the square footage of the principal use. d. Setbacks, Accessory Structure 1) Residential Districts (Except AR) Accessory structures may be setback a
distance of five feet from the side and rear property lines provided it is not located in an established easement or required landscape buffer. a) Townhouse Accessory structures shall
meet the setback and separation requirements in Table 3.D.2.A, Townhouse Regulations. No detached accessory building or structure other than permitted fences or walls shall be permitted
on any lot less than 30 feet in width. b) ZLL Accessory structures shall meet the setback requirements of Table 3.D.2.B – ZLL Property Development Regulations. [Ord. 2008-037] c) Exceptions
(1) All structures used as dwellings, such as guest cottages, grooms quarters, and accessory dwellings, shall meet the minimum setback in Table 3.D.1.A, Property Development Regulations,
or Art. 1.F.2.C, Minimum Residential Setback Requirements, if applicable. [Ord. 2016-042] (2) All structures over ten feet in height shall meet the minimum setbacks in Table 3.D.1.A,
Property Development Regulations, or Art. 1.F.2.C, Minimum Residential Setback Requirements, if applicable. [Ord. 2016-042] (3) Encroachment into easements shall be in accordance with
Art. 5.F.2.A, Easement Encroachment. 2) AR District a) Conforming Lot Dimensions Accessory structures may be setback a distance of 25 feet from the side and rear property lines on
lots with conforming width and depth lot dimensions. (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary
Standards 11 of 110 Figure 5.B.1.A – Accessory Structure Setbacks [Ord. 2016-042] b) Nonconforming Lot Dimensions The setbacks for accessory structures on lots with nonconforming
width or depth may be reduced for either non-conforming dimension, as follows: [Ord. 2016-042] (1) General A minimum setback distance of 15 feet from the side or rear property lines;
or [Ord. 2016-042] (2) U/S Tier The minimum setback may be reduced in accordance with the following: [Ord. 2016042] (a) The reduced setback permitted under Art. 1.F.2.C, Residential
Development Regulations; or, [Ord. 2016-042] (b) Parcels that are less than or equal to 13,999 square feet may apply the accessory structure setbacks of Art. 5.B.1.A.1.d.1), Residential
Setbacks. [Ord. 2016-042] c) Minimum Setback from Easements Must be five feet from all established easements, except where use of Art. 5.B.1.A.1.d.1), Residential Districts (Except
AR) is permitted. [Ord. 2016-042] 3) Prohibition in Landscape Buffers Accessory structures shall not be located within a required landscape buffer. [Ord. 2016-042] 4) Nonresidential
Districts Accessory structures shall meet the setback requirements in Table 3.D.1.A, Property Development Regulations. 5) U/S Tier – Maximum Accessory Structure Dimensions In the U/S
Tier, all accessory structures located on a parcel in a residential district shall not occupy more than 25 percent of the distance between property lines. [Ord. 2008-037] [Ord. 2016-042]
(This space intentionally left blank) Typical Conforming Lot Typical Non-Conforming Lot Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary
Standards 12 of 110 Figure 5.B.1.A – Accessory Structure Dimensions e. Specific Accessory Uses 1) Office a) Areas of a building dedicated to the administrative operation and incidental
to a principal use or uses listed in the Use Matrix may be Permitted by Right. [Ord. 2017-007] b) One parking space shall be provided for every 200 square feet of accessory office.
[Ord. 2017-007] 2) Incidental Sales Sales of products incidental to a principal use may be Permitted by Right in Commercial, Industrial, or Institutional, Public and Civic use classifications
subject to the following, unless stated otherwise: [Ord. 2017-007] a) Maximum ten percent of the GFA; [Ord. 2017-007] b) One parking space for every 200 square feet of accessory sales;
[Ord. 2017-007] c) Merchandise is not stored outside or visible from any street; and, [Ord. 2017-007] d) Commercial signage is only to advertise the principal use. [Ord. 2017-007] 2.
Fences and Walls a. Height Measurement The height shall be measured adjacent to the fence or wall from the lowest grade on either side of the fence or wall, unless stated otherwise
below: [Ord. 2015-006] [Ord. 2016-016] 1) Located on Berm Height shall be measured from the elevation of the berm where the fence or wall is constructed, unless in conflict with standards
for Grade Change below. [Ord. 2015-006] 2) Grade Change a. Residential Height may be increased when the fence or wall is located on a retaining wall, subject to the requirements of
Art. 5.B.1.A.2.b.5), Residential District Grade Changes. [Ord. 2016016] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 13 of
110 b) PDD or Non-residential Perimeter Buffers Height may be increased when the fence or wall is located on a retaining wall, subject to the requirements of Art. 7.D.5, Landscape
Buffers with Grade Changes. [Ord. 2016016] b. Height and Related Standards 1) Residential Districts The maximum height for a fence or wall on or adjacent to a residential lot line
or in a landscape buffer shall be as follows: [Ord. 2015-006] a) Within required front setback: (1) four feet, or [Ord. 2005-041] [Ord. 2015-006] (2) six feet for property owned
by PBC for preservation or conservation purposes. [Ord. 2005-041] [Ord. 2015-006] b) Within required side, side street, and rear setback: six feet. [Ord. 2015-006] c) Within a landscape
buffer: six feet. [Ord. 2015-006] Figure 5.B.1.A - Typical Example of Residential District Fence and Wall Height [Ord. 2005-041] [ Ord. 2015-006] Unified Land Development Code Supplement
No. 24 (Printed 10/18) Article 5 - Supplementary Standards 14 of 110 2) Nonresidential Districts The maximum height for a fence or wall on or adjacent to a lot line or in a landscape
buffer shall be as follows: [Ord. 2015-006] a) Within the required front setback: six feet. [Ord. 2015-006] b) Within the required side, side street, and rear setback: eight feet.
[Ord. 2015-006] 3) Attachments Gates, gateposts, decorative features, and lights attached to a fence or wall in a setback or perimeter buffer shall not exceed three feet in any horizontal
distance or two feet in height above the fence or wall. Decorative features and lights shall be spaced a minimum of eight feet apart, measured on center. [Ord. 2015-006] Figure 5.B.1.A
- Attachments to Walls [Ord. 2015-006] 4) General Exceptions a) Fences and walls up to eight feet in height shall be permitted within a street buffer adjacent to a golf course. [Ord.
2015-006] b) Fences around tennis courts may exceed six feet in height, subject to the setback requirements in Table 5.B.1.A, Tennis Court Setbacks. [Ord. 2015-006] c) The ZC and BCC
may require increased heights to ensure adequate screening and buffering between incompatible uses. [Ord. 2015-006] [Ord. 2016-016] d) DRO may approve increased fence heights and modify
allowable locations for fences with and without barbed wire for minor utilities, water and wastewater treatment plants. [Ord. 2007-013] [Ord. 2015-006] e) Schools may increase the
fence height to eight feet along the perimeter of the site. [Ord. 2017-007] f) Walls subject to noise mitigation shall comply with Art. 7.D.4.B.2, Noise Mitigation Walls. [Ord. 2018-002]
5) Residential District Grade Changes The height of a fence or wall located within the front, side or rear setback of a lot supporting a single family dwelling unit, may be increased
when located adjacent to a lot having a different elevation where a retaining wall is installed along the property line, in accordance with the following: [Ord. 2015-006] [Ord. 2016-016]
a) Grade Measurement The difference in grade shall be determined by measuring the elevation where the fence or wall is constructed and the elevation of the abutting lot at the property
line. [Ord. 2015006] b) Maximum Height Increase The height of the fence or wall may be increased by the difference in grade up to a maximum of two feet, whichever is less, as follows:
[Ord. 2015-006] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 15 of 110 (1) Within the required front setback: Up to a maximum
of six feet. [Ord. 2015-006] (2) Within a side or rear setback: Up to a maximum of eight feet. [Ord. 2015-006] (3) A guard railing not to exceed three feet in height may be permitted
where the grade difference is greater than two feet, provided the mass of the railing does not exceed the mass necessary to meet the opening limitations and strength requirements of
the Florida Building Code, Residential. [Ord. 2015-006] Figure 5.B.1.A - Residential District Grade Changes Examples of Wall in the Side or Rear Setbacks Typical Example of 1’ Grade
Difference Typical Example of 2’ Grade Difference Typical Example of Grade Difference Greater than 2’ [Ord. 2015-006] c. Walls - Appearance The exterior surface of a wall shall be
finished with paint, stucco, or other commonly accepted material, and continuously maintained in its original appearance. d. Sight Distance Walls and fences shall comply with Art. 11.E.9.C,
Minimum Safe Sight Distance and Corner Clips at Intersection. e. Dangerous Materials Fences or walls in any zoning district, shall not be electrified or contain any substance such as
broken glass, spikes, nails, barbed wire, razors, or any other dangerous material designed to inflict discomfort, pain or injury to a person or animal, except as allowed below. [Ord.
2010-005] [Ord. 2011-001] 1) Barbed Wire Exceptions and Regulations The use of barbed wire is prohibited except in instances as detailed below. The County recognizes that barbed wire
may be necessary to secure certain non-residential uses or structures. Therefore, the County allows the installation of barbed wire on top of the fence or wall, subject to the following:
[Ord. 2005-002] [Ord. 2010-005] [Ord. 2011-001] [Ord. 2017007] a) Allowable Uses for Barbed Wire (1) Commercial Communication Towers [Ord. 2017-007] (2) Electric Power Facilities; [Ord.
2017-007] (3) Electric Transmission Facility; [Ord. 2017-007] (4) Minor Utility; [Ord. 2017-007] (5) Prisons; [Ord. 2017-007] Unified Land Development Code Supplement No. 24 (Printed
10/18) Article 5 - Supplementary Standards 16 of 110 (6) Solid Waste Transfer Stations; [Ord. 2017-007] (7) Water or Wastewater Treatment Plant; and, [Ord. 2017-007] (8) Zoo. [Ord.
2017-007] (9) Except when located adjacent to a parcel having a Residential FLU designation, Residential zoning district or residential use, barbed wire that is not visible from any
public street, may be installed with the following uses: [Ord. 2017-007] (a) Contractor Storage Yard; [Ord. 2017-007] (b) Salvage or Junk Yard; [Ord. 2017-007] (c) Self Service Storage;
[Ord. 2017-007] (d) Sugar Mill or Refinery; and, [Ord. 2017-007] (e) Towing Service Storage. [Ord. 2017-007] (10) Bona Fide Agriculture use located in AGR, AP, and AR Zoning Districts;
and AGRPDD Preserve Parcels. When Bona Fide Agriculture is located in the AR Zoning District other than nurseries, barbed wire shall be setback a minimum of 25 feet from any property
line. [Ord. 2017-007] (11) Properties with a Conservation FLU designation, for the purposes of protecting publicly owned natural areas; [Ord. 2005-002] [Ord. 2010-005] [Ord. 2011-001]
(12) Properties where the owner can document a valid Development Permit for the use of barbed wire; and, [Ord. 2010-005] [Ord. 2011-001] [Ord. 2017-007] (13) The Zoning Director shall
have the authority to allow the installation of barbed wire for any uses pursuant to Art. 4.B, Use Classification, when the applicant demonstrates a need to comply with Federal, State
or Local Government regulations. In support of the barbed wire installation, the Zoning Director may require the applicant to perform mitigation in order to address compatibility with
adjacent properties or visibility from adjacent street right-of-way. [Ord. 2010-005] [Ord. 2011-001] [Ord. 2017-007] (14) A removal agreement shall be executed to remove the barbed
wire, prior to issuance of a Building Permit. This agreement shall require the removal of the barbed wire in the event the use changes to another use not allowed in the list above.
[Ord. 2017007] b) Standards (1) Height The barbed wire shall not exceed 20 percent of the overall permitted height of the fence or wall or two feet whichever is less. [Ord. 2017-007]
(2) Height Exemption Bona Fide Agriculture, Prisons, and other uses as authorized by the Zoning Director pursuant to provisions in Art. 5.B.1.A.2.e.1).a).13), shall be permitted to
exceed the 20 percent provision. The calculation of the overall height of a fence or wall is inclusive of any barbed wire. [Ord. 2005-002] [Ord. 2010-005] [Ord. 2011-001] [Ord. 2017-007]
2) Electrified Fences - Exceptions and Regulations The use of electrified fences is prohibited except in instances as detailed below. The County recognizes that electrified fences
may be necessary to secure certain non-residential uses or structures. Therefore, the County allows the installation of electrified fencing, subject to the following: [Ord. 2013-018]
a) Allowable Uses for Electrified Fences Electrified fences shall only be allowed for the following uses: [Ord. 2013-018] (1) Commercial uses, as follows: [Ord. 2013-018] (a) Auction,
Outdoor; [Ord. 2013-018] (b) Contractor Storage Yard; [Ord. 2013-018] (c) Flea Market, Outdoor; [Ord. 2013-018] [Ord. 2017-007] (d) Landscape Service; [Ord. 2013-018] (e) Laundry Services;
[Ord. 2013-018] (f) Marina; [Ord. 2017-007] (g) Parking, Commercial; [Ord. 2013-018] [Ord. 2017-007] (h) Repair and Maintenance, Heavy; [Ord. 2013-018] [Ord. 2017-007] (i) Self-Service
Storage Limited Access; [Ord. 2013-018] [Ord. 2017-007] (j) Self Service Storage Multi Access; [Ord. 2017-007] (k) Towing Service and Storage; [Ord. 2013-018] [Ord. 2017-007] (l) Vehicle
Sales and Rental, Light; and, [Ord. 2013-018] [Ord. 2017-007] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 17 of 110 (m) Vehicle
or Equipment Sales and Rental, Heavy. [Ord. 2017-007] (2) Institutional, Public and Civic uses, as follows: [Ord. 2013-018] [Ord. 2017-007] (a) Airport; and, [Ord. 2013-018] (b) Government
Services. [Ord. 2013-018] (3) Recreation uses, as follows: [Ord. 2013-018] (a) Zoo [Ord. 2013-018] [Ord. 2017-007] (4) All uses listed as Agricultural Uses in Art. 4.B.6.A, Agricultural
Use Matrix. [Ord. 2013-018] [Ord. 2017-007] (5) All uses listed under the Utilities Use Classification in Art. 4.B.7.A, Utilities Use Matrix. [Ord. 2013-018] [Ord. 2017-007] (6) All
uses listed under the Excavation Use Classification in Art. 4.B.10.A, Excavation Use Matrix. [Ord. 2017-007] (7) All uses listed as Industrial Uses in Table 4.A.3.A, Use Matrix. [Ord.
2013-018] (8) Accessory Outdoor Storage in accordance with Art. 5.B.1.A.3, Outdoor Storage. [Ord. 2013-018] (9) Properties with a Conservation FLU designation, for the purposes of protecting
publicly owned natural areas. [Ord. 2013-018] (10) To secure permanent mechanical equipment except on individual residential lots. [Ord. 2013-018] (11) The Zoning Director shall have
the authority to allow the installation of electrified fences for any uses pursuant to Art. 4.B, Use Classification, when the applicant demonstrates a need to comply with Federal, State
or Local Government regulations. The Zoning Director may require the applicant to perform mitigation in order to address compatibility with adjacent properties or visibility from adjacent
street rightof-way. [Ord. 2013-018] (12) An agreement to remove an electrified fence shall be executed prior to issuance of a Building Permit. The agreement shall require removal of
the electrified fence if the use changes to other than an allowable use listed above. [Ord. 2013-018] b) Standards Electrified fences shall be installed, operated or maintained in compliance
with the following: [Ord. 2013-018] (1) Technical Standards All electrified fences are subject to permitting and review by the Building Division and shall be designed, installed, operated
and maintained in a manner not to be injurious to individuals. [Ord. 2013-018] (2) Exterior Non Electrified Fence or Wall Electrified fences and gates shall be attached to the interior
of, or completely surrounded on the side facing the property exterior, by a non-electrified fence or wall that meets the following requirements: [Ord. 2013-018] (a) Minimum of six feet
in height; [Ord. 2013-018] (b) The separation between the exterior, non-electrified fence or wall and the electrified fence shall be a minimum of four inches and a maximum of eight
inches; [Ord. 2013-018] (c) When adjacent to or within 50 feet of a parcel of land with a residential FLU designation or use, the non-electrified fence shall include a solid material
that will screen the electric fence from view and prevent a person from being able to penetrate the non-electrified fence; and [Ord. 2013-018] (d) Exterior fences such as chain link
shall have openings no larger than two and three-eighths inches. [Ord. 2013-018] (3) Public Warning Signage Provide and maintain signage, subject to prior review by the Building Division,
which satisfies the intent of the requirements contained in ISO-3864 or a current equivalent internationally accepted standard, and that such signage be placed within ten feet of all
corners, not more than 45 feet apart, so as to be plainly visible. Exceptions to screening or landscaping requirements may be permitted where necessary to ensure visibility of signage.
[Ord. 2013-018] (4) Height The maximum height of an electrified fence and any attachments shall not exceed the height of any required exterior non-electrified fence or wall, or other
required Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 18 of 110 screening, by more than a maximum of two feet in height. Any
portion of an electrified fence that exceeds the height of the non-electrified fence shall be limited to a maximum of two horizontally placed strands per vertical foot, a maximum of
12.5 gauge in diameter, with attachments spaced not less than 20 feet on center, excluding gates. [Ord. 2013-018] (5) Location, Landscaping or Screening (a) Within Required Setbacks
Electrified fences shall not be permitted within any required setback or within 50 feet from property lines, whichever is greater, unless the perimeter landscape buffer is in compliance
with Art. 7, Landscaping, unless stated otherwise herein. [Ord. 2013-018] (b) Within 50 Feet of Any Property Line Any electrified fence located within 50 feet of any property line (excluding
within a required perimeter buffer) and abutting a non-conforming landscape buffer, shall be screened from view by landscaping, fences, walls or buildings, excluding the top two feet.
[Ord. 2013-018] (c) Outdoor Storage The use of electrified fences in outdoor storage areas shall only be permitted when in compliance with the following screening requirements, excluding
the top two feet: [Ord. 2013-018] (1) When located in non-residential districts, the screening requirements of Art. 5.B.1.A.3, Outdoor Storage; and, [Ord. 2013-018] (2) When located
in residential districts or for uses which allow outdoor storage by definition or in another section, shall be screened from view by landscaping, fences, walls or buildings. [Ord. 2013-018]
(d) Mechanical Equipment The use of electrified fences with mechanical equipment shall only be permitted when in compliance with the screening requirements of Art. 5.B.1.A.20, Mechanical
Equipment, excluding the top two feet. [Ord. 2013-018] 6) Non-Conforming Dangerous Materials If a property has non-conforming dangerous materials in areas that will be secured by the
installation of electrified fences, the dangerous materials shall be removed prior to electrification or the issuance of a certificate of completion by the PBC Building Division for
the electrified fence. [Ord. 2013-018] (7) URAO, IRO, WCRAO and TDD Limitations (a) Electrified fences shall not be permitted in any URAO, IRO, or TDD developments constructed with
a required build to line or any other area unless located behind buildings and in areas not accessible by the public. [Ord. 2013018] [Ord. 2017-025] (b) Electrified Fences within the
WCRAO shall be prohibited in all Sub-areas except for the UI Sub-area. [Ord. 2013-018] 3. Outdoor Storage and Activities Outdoor storage of merchandise, inventory, equipment, refuse,
or similar materials, and outdoor activities associated with a use operation in all zoning districts shall be subject to the following standards, unless stated otherwise: [Ord. 2017-007]
(This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 19 of 110 Figure 5.B.1.A - Outdoor
Storage a. General Outdoor Storage and Activities may only be allowed when incidental to the use located on the premises. [Ord. 2017-007] b. Location Outdoor Storage and Activity
areas shall not be located in any of the required setbacks. Bollards or other acceptable barricade to the Zoning Division shall be provided to delineate pile locations. [Ord. 2017-007]
c. Height Outdoor Storage material shall not exceed 15 feet in height or the height of the screening, whichever is less. The height could be less if required by the F.A.C 62-709, as
amended. [Ord. 2017-007] d. Screening Outdoor Storage and Activity areas shall be completely screened from all property lines by landscaping, fences, walls, or buildings. [Ord. 2017-007]
e. Industrial FLU Designation, Zoning Districts or Uses 1) Outdoor Storage and Activity areas adjacent to parcels of land with Industrial FLU designation or use and not visible from
any street shall be exempted from the screening requirements. [Ord. 2017-007] 2) Outdoor Activity areas in industrial uses shall have a Type 3 incompatibility buffer along property
lines adjacent to parcels with a Civic, Conservation, Commercial, Recreational or residential FLU designation, or use, or where visible from a public R-O-W. The incompatibility buffer
shall be a minimum of 25 feet in width. [Ord. 2017-007] 3) Outdoor Activities such as chipping, crushing, grinding, manufacturing or processing shall be restricted to uses in the IG
Zoning District and Industrial General pod of PIPD unless approved as a Class A Conditional Use. [Ord. 2017-007] f. Exceptions The following uses or material are exempt from this Section:
1) Storage and sales of landscape plant material. 2) Temporary storage of material used for road construction on a lot directly adjacent to the roadway under construction. [Ord. 2017-007]
4. Outdoor Display a. Merchandise must be mobile and stored indoors overnight daily. b. Merchandise must be accessory to a principal use located on the same property. Unified Land Development
Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 20 of 110 c. Merchandise shall not be located in any required setback, parking space, loading space, loading
area, vehicular use area, fire lane, landscape buffer, or required sidewalk, ADA accessibility route, or drainage easements. Figure 5.B.1.A - Outdoor Display 5. Docks a. Accessory
Docks Applicants shall comply with the Boat Facility Siting Plan of the Palm Beach County Manatee Protection Plan. This requirement does not apply to single family docks and only applies
to expansion of existing marine facilities or development of new marine facilities with five or more slips. Accessory docks located on the same lot as a residence shall meet a five
foot setback from the side property lines. Accessory docks not located on the same lot as a residence shall comply with the following setbacks: [Ord. 2009-040] 1) Dock in Publicly
Owned Waterway A minimum five-foot side setback measured from the extension of the property lines into the waterway. The property lines shall be extended into the waterway in the same
direction and bearing as the side lot lines. 2) Dock in Privately Owned Waterway The setback shall be determined by the Person asserting ownership in interest or jurisdiction over the
waterway. Signed consent by this Person must be in place prior to permit being issued. Owner sign off and consent shall be required. The dock shall be located directly adjacent to,
and abutting, the lot on which the residence is located. 6. Entry Features Unless exempt in Art. 3.D.1.D.5, Setback Exceptions, entry features shall comply with Table 5.B.1.A, Entry
Feature Setbacks. Setbacks may be taken from the edge of the pavement for access ways internal to a PDD. [Ord. 2005-002] Table 5.B.1.A - Entry Feature Setbacks Front 25 feet Side,
Street and Rear 15 feet Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 21 of 110 7. Fuel, Gas, or Chemical Storage Tanks Above
ground accessory fuel, gas, or chemical storage tanks, shall be setback a minimum of 20 feet and shall be completely screened from view by a continuous solid opaque hedge a minimum
of four feet in height around the perimeter of the tank enclosure. 8. Dumpsters Each use shall provide a method for the removal of refuse when individual collection, from a licensed
solid waste hauler is not provided. All outdoor receptacles for the storage and disposal of refuse, vegetation, and recyclable material, such as dumpsters, trash compactors, and recycling
containers, shall meet the following standards: a. Storage Area A minimum of one refuse container and one recycling container shall be provided for each nonresidential project and per
multi-family project with 16 units or more. All refuse containers shall be stored in a storage area. Storage areas shall have a minimum dimension of ten feet by ten feet. [Ord. 2018-002]
b. Location Containers shall be located to minimize turning and back up movements by pick-up and removal vehicles. Dumpster shall not encroach into easements or landscape buffers. [Ord.
2018-002] c. Setback 1) Dumpsters located in a Commercial pod of a PUD shall comply with Art. 3.E.2.E.2.b, Design. [Ord. 2018-002] 2) In all other zoning districts, dumpsters shall
be setback a minimum of 25 feet from all property lines. [Ord. 2018-002] d. Screening Containers shall be screened from view by a solid opaque enclosure. The open end of the enclosure
shall have an opaque gate which provides a minimum of ten feet of clearance when open for service. All exposed exterior sides of the enclosure, other than the open end, shall be landscaped
with one 36-inch high shrub planted 24 inches on center. If improvements are proposed for previously approved containers, screening shall be provided to the greatest extent possible.
[Ord. 2018-002] e. Retrofitting of Existing Developments The retrofitting of existing developments to comply with the standards of this Section is permitted at a ratio of deletion of
one parking space for each outdoor receptacle, not to exceed ten percent of the total required parking spaces. Figure 5.B.1.A – Typical Example of Dumpster Layout [Ord. 2018-002]
9. Neighborhood Recreation Facility A non-profit facility designed and intended for recreational use by occupants of a residential development or subdivision owned and operated by a
POA or equivalent. Recreation facilities shall be subject to the following standards: [Ord. 2011-001] [Ord. 2013-001] Unified Land Development Code Supplement No. 24 (Printed 10/18)
Article 5 - Supplementary Standards 22 of 110 a. Property Development Regulations (PDRs) 1) PDRs shall be in accordance with the standards for a recreation pod in Table 3.E.2.D,
PUD Property Development Regulations. [Ord. 2011-001] 2) PDRs for outdoor recreation amenities shall be in accordance with Art. 5.B.1.A.10, Outdoor Recreation Amenities. [Ord. 2013-001]
b. Parking Parking shall be in accordance with Art. 6, Parking, and the following: [Ord. 2011-001] 1) Clubhouses in a standard district shall apply the requirements for a recreation
pod clubhouse. [Ord. 2011-001] 2) Parking shall not be required for recreation pods or facilities on less than one acre; however, a minimum of two spaces shall be required to accommodate
maintenance services for pools or clubhouses. [Ord. 2011-001] 3) The POA or its equivalent shall be responsible for ensuring adequate off street parking is provided during special
events. [Ord. 2011-001] c. Landscaping Landscaping shall be in accordance with Art. 7, Landscaping, except that perimeter buffers shall not be required for golf course greens (excluding
driving ranges or other recreational amenities) abutting internal streets or residential lots if approved by the BCC on a Preliminary Master Plan or Subdivision Plan. [Ord. 2011-001]
d. Additional Requirements for Standard Zoning Districts In addition to the above, recreation facilities in a standard zoning district shall also comply with the following: [Ord. 2011-001]
1) Shall be subject to a Class A Conditional Use approval. [Ord. 2011-001] 2) Shall be located within the residential subdivision it serves; [Ord. 2011-001] 3) Shall not front on
an arterial or collector street; and, [Ord. 2011-001] 4) The applicant shall provide documentation of ownership and management by the POA or an equivalent. [Ord. 2011-001] Figure
5.B.1.A - Typical Recreational Facilities Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 23 of 110 10. Outdoor Recreation Amenities
An open-air amenity designed and intended to support recreation activities including but not limited to: basketball courts, tennis courts, playgrounds and tot lots, excluding those
uses regulated elsewhere such as Outdoor Entertainment. [Ord. 2013-001] a. Principal and Accessory Use 1) Principal Use Any outdoor recreation amenities owned and operated as a commercial
enterprise or in combination with other commercial recreation uses on the same property shall be considered a principal use subject to the PDRs of the applicable district. [Ord. 2011-001]
[Ord. 2013001] 2) Accessory Use Any outdoor recreation amenities operated by a non-profit assembly, social, civic organization, Property Owners Association (POA), or resident of a dwelling
unit shall be considered an accessory use. The accessory use shall be located on the same lot as the principal use except if operated by a residential POA. If operated by a POA, the
accessory use shall be located within the boundaries of the development, or a Neighborhood Recreation Facility. [Ord. 2011-001] [Ord. 2013-001] b. Setbacks - General The following
setbacks shall apply to outdoor recreation amenities and equipment, excluding swimming pools and spas, and shall be measured to the edge of the court surface or fence, whichever is
more restrictive: [Ord. 2006-004] [Ord. 2011-001] [2013-001] [Ord. 2014-001] 1) Common Recreation Amenities Outdoor recreation amenities operated by a non-profit assembly, social,
civic organization, or Property Owners Association (POA) on a community recreation POD, tract, or designated area, shall be setback a minimum of 50 feet from any residential property
line, unless stated otherwise herein. [Ord. 2011-001] [Ord. 2013-001] [Ord. 2014-001] 2) Residential Lot Recreation Equipment Recreation equipment located on a residential lot, which
require issuance of a building permit shall comply with the setbacks in Table 5.B.1.A – Setbacks – General. [Ord. 2014-001] Table 5.B.1.A – Setbacks – General Zoning Setbacks Front
Side Side Street Rear Residential Lot 25 feet 7.5 feet (3) 15 feet 7.5 feet (3) Other (1)(2) 50 foot setback or separation to the nearest residential lot line [Ord. 2011-001] [2013-001]
[Ord. 2014-001] Note: 1. Tennis courts with a valid Development Order approved prior to the adoption of setbacks for tennis courts permitted on other than residential lots shall be
considered legally-conforming. [Ord. 2011-001] 2. Golf course greens, excluding driving ranges, shall be exempt from these setbacks. 3. Setbacks for recreational amenities and equipment
may be reduced to five feet on a residential lot, excluding the AR district. [Ord. 2014-001] c. Standards for Swimming Pools and Spas 1) Setbacks a) The following setbacks shall apply
to pool and spas, and shall be measured to the water's edge: (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary
Standards 24 of 110 Table 5.B.1.A - Pool/Spa Setbacks Setbacks Front Side Side Street Rear Single Family 28 feet 10.5 feet 18 feet 10.5 feet Cottage Home 20 feet 5 feet 12 feet
5 feet ZLL 13 feet ZLL: 3 feet Non-ZLL: 5 feet 13 feet 5 feet Townhouse Parking Tract: 13 feet Street: 28 feet 3 feet 18 feet 5 feet Multi-Family 28 feet 18 feet 28 feet 15 feet Neighborhood
Recreation Facility less than 1 acre 25 foot setback or separation to the nearest residential lot line Neighborhood Recreation Facility 1 acre or more 50 foot setback or separation
to the nearest residential lot line [Ord. 2013-001] [Ord. 2018-018] Figure 5.B.1.A - Pool Setbacks b) Exceptions (1) Single Family Design Clusters Single family design clusters are
a type of single-family dwellings no longer permitted. Swimming pools and spas for projects with previously approved singlefamily design clusters shall comply with the setbacks indicated
on the PBC site plan. If setbacks are not indicated on site plan, setbacks for ZLL homes shall be applied. (2) Single Family and ZLL Homes Adjacent to Open Space Swimming pools or
spas may be constructed with a three-foot rear or side interior setback if adjacent to dedicated open space 50 feet in width or greater. [Ord. 2013001] (3) Neighborhood Recreation
Facility Swimming pools or spas may be constructed with a ten-foot rear or side interior setback if adjacent to dedicated open space 50 feet in width or greater. [Ord. 2008037] [Ord.
2013-001] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 25 of 110 2) Building Coverage Swimming pools and spas shall not be
included in the building coverage calculation unless enclosed within a building or a screen enclosure with a solid roof. 3) Fencing, Screening, and Access Swimming pools and spas shall
be enclosed by a safety barrier, wall, fence, or other structure in accordance with the 2001 Florida Building Code, as amended. [Ord. 2005 – 002] 4) Common Area The construction of
private swimming pools and spas for individual dwelling units within a common area is prohibited, unless the swimming pools and spas were legally constructed prior to April 21, 1995.
If 30 percent of the existing dwelling units in a pod or subdivision have existing legally constructed swimming pools or spas in the common area, the remaining dwelling units within
the same pod or subdivision may construct a swimming pool or spa as shown on the final subdivision plan or final site plan. If the final subdivision plan or final site plan does not
graphically depict the placement of swimming pools or spas in common area, application shall be made to DRO to amend the final subdivision plan or final site plan to depict the placement
of the swimming pool or spa if in compliance with the following criteria: a) Legally Permitted The applicant demonstrates that existing swimming pools and spas were legally permitted
and constructed in common areas; b) Joint Applicant The POA or equivalent must be included as part of a joint applicant on the building permit application; [Ord. 2011-001] c) Setbacks
The swimming pool or spa must comply with all setback requirements measured from the outer boundary of the common area or have a 15-foot separation from primary structures, whichever
is greater; d) Perimeter Landscape Area Accessory structures and improvements shall not be permitted in a required perimeter landscape area; e) Open Space The entire development must
continue to meet open space requirements; f) Documents The homeowners' documents shall be amended to include provisions that allow private use of the common area upon association approval;
and g) Prohibitions Swimming pools or spas shall not be permitted in a common area that is designed as a water management tract. 11. Screen Enclosures a. General Screen enclosures may
be covered with a screened or solid roof, as follows: (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary
Standards 26 of 110 Figure 5.B.1.A - Typical Screen Enclosure Setbacks b. Setbacks for Screen Enclosures with Screened Roofs Setbacks for screen enclosures with screen roofs shall
be measured as specified in the table below: (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary
Standards 27 of 110 1) Exceptions a) Single Family Design Clusters Single-family design clusters are a type of single-family dwelling no longer permitted. Screen enclosures with
screen roofs for projects with previously approved single-family design clusters shall comply with the setback indicated on the approved site plan. If setbacks are not indicated on
an approved plan, setbacks for ZLL homes shall be applied. b) Single Family and ZLL Homes Adjacent to Open Space Screen enclosures with a screen roof may be constructed with zero foot
rear or side interior setbacks in accordance with Art. 3.D.1.D.4.a, Open Space. [Ord. 2008-037] c) Recreation Facilities Screen enclosures may be constructed with a minimum of seven
foot rear or side setback if adjacent to dedicated open space 50 feet in width or greater. 2) Townhouses a) Setbacks are required to be in compliance with the townhouse standards of
Art. 3.D.2.A, Townhouse; b) Screen enclosure shall maintain a minimum separation between other screen enclosures or the principal structure of townhouse groups, as specified in Table
5.B.1.A, Screen Enclosure Setbacks; c) Separations between two townhouse groups shall be measured by drawing a centerline between the two adjacent groups and measuring a minimum distance
of equal to one-half of the required separation from the centerline between structures to ensure an equidistant separation; and d) Screen enclosures for townhouses may cover 100 percent
of the total lot area provided minimum separations between townhouse groups are met. 3) ZLL Developments A minimum five-foot high opaque privacy fence or wall shall be provided on the
zero side of ZLL extending from the rear of the structure to the rear corner of the screen enclosure. The screen enclosure may be attached to the fence or wall. The wall shall be constructed
of materials consistent with Art. 3.D.2.C.9.e, Privacy Walls or Fences. A screen enclosure which is not attached to the privacy wall shall be setback a minimum of two feet from the
ZLL side. Table 5.B.1.A - Screen Enclosure Setbacks Setback Front Side Interior Side Street Rear Single family 25 feet 7.5 feet 15 feet 7.5 feet Cottage Home 20 feet 2 feet 10 feet
2 feet Multi-family 25 feet 15 feet 25 feet 12 feet ZLL Interior lot Parking Tract: 10 feet R-O-W: 25 feet Non-ZLL: 2 feet ZLL: 0 feet N/A 2 feet Corner lot 0 feet 10 feet Side street
home 2 feet 10 feet Townhouse Front (Setback) Side (Setback/ Separation) Side Street (Setback) Rear (Setback/Separation) Property line Parking Tract: 10 feet R-O-W: 25 feet 0 feet
Property line: 3 feet Street - 15 feet 0 feet From Inside edge of landscape buffer or PUD or tract boundary 15 feet 15 feet 15 feet Separation between groups 25 feet 15 feet N/A 15
feet Recreation Parcels Front Side Side Street Rear Property Line 25 feet 20 feet 20 feet 20 feet [Ord. 2013-001] [Ord. 2018-018] Unified Land Development Code Supplement No. 24 (Printed
10/18) Article 5 - Supplementary Standards 28 of 110 4) Building Coverage Screen enclosures with screen roofs shall not be included in the building coverage calculation. 5) Maximum
Allowable Size Screen enclosures shall be permitted to cover a maximum of 30 percent of the total lot area, except for townhouses. 6) Height The height of the screen enclosure shall
not exceed the height of the home to which it is attached. 7) Screen Enclosures Within Common Areas of a Residential Development See procedures under Art. 5.B.1.A.10.c.4. c. Screen
Enclosures with Solid Roofs 1) Setbacks Screen enclosures with a solid roof shall meet the minimum setbacks of the principal use of the lot. 2) Special Townhouse Provisions If the roof
of the enclosure is solid, there shall be a minimum eight-foot high wall on the shared lot line extending from the dwelling to the rear corner of the portion of the enclosure that is
roofed. The wall shall be fire-rated in accordance with applicable Building Codes. The screen enclosure may be attached to the masonry wall. 3) Height The height of the screen enclosure
with a solid roof shall not exceed the height of the dwelling unit to which it is attached. 4) Screen Enclosures with Solid Roofs Within Common Areas of Residential Developments See
procedures under Art. 5.B.1.A.10.c.4. 5) ZLL Setback A screen enclosure which is not attached to the privacy wall shall be setback a minimum of four feet from the ZLL side. 12. Communication
Antennas A transmitting and/or receiving device used for AM/FM radio, television, microwave, telephone, cellular, personal wireless services, and related forms of electronic communications.
This excludes amateur radio antennas and satellite dish antennas. [Ord. 2017-007] a. Applicability Unless an Eligible Facilities Request for Modification is approved pursuant to Art.
4.B.9.E, these standards below shall apply to antennas mounted on roofs, or attached to buildings or legal billboards (collocations). [Ord. 2006-004] [Ord. 2017-007] b. Review Process
1) Antennas, excluding whip antennas not exceeding eight feet in height and six inches in diameter, may be permitted and shall be reviewed as follows: [Ord. 2017-007] Table 5.B.1.A-
Antenna Review Process Zoning District or Use Structure Height Single Family Residential Multi-Family Residential IG, IL, PO Zoning Districts All Other NonResidential Zoning Districts
< 25' Not Permitted Not Permitted Building Permit Review Not Permitted 25' to 45' Development Review Officer Development Review Officer Building Permit Review Development Review Officer
>45' Class B Conditional Use Building Permit Review Building Permit Review Building Permit Review [Ord. 2017-007] 2) Building Permit A building permit shall be required for the installation
of all antennas in addition to any other review process. [Ord. 2017-007] c. Architectural Compatibility Demonstrate architectural compatibility (color and/or texture) with the structure
on which it is located. [Ord. 2017-007] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 29 of 110 d. Screening If the antenna
is attached to a pole support structure, the pole shall be concealed by an opaque screen. [Ord. 2017-007] e. Size Limitations for Panel Antenna Each panel shall not exceed a maximum
height of eight feet; maximum depth of four feet; and maximum width of four feet. [Ord. 2017-007] f. Supplemental Application Requirements In addition to the requirements indicated
above, plans depicting cross sections or elevations of the panel attached to the structure shall be provided at the time of submittal of the application package. [Ord. 2017-007] g.
Setbacks 1) Accessory Structures Roof mounted accessory structures shall meet a minimum 25-foot setback from the edge of the roof or comply with the architectural compatibility standards
pursuant to Art. 5.B.1.A.12.c, Architectural Compatibility. [Ord. 2017-007] 2) There shall be no minimum setback required for antennas. [Ord. 2017-007] h. Whip Antennas Whip antennas
not exceeding eight feet in height and six inches in diameter shall be permitted in any zoning district. Whip antennas may be attached to residential structures, utility poles, etc.
Whip antennas, unless attached to a residential structure, shall be installed at least 50 feet from any existing residential structure. [Ord. 2017-007] 13. Accessory Radio Tower A
radio tower for noncommercial electronic communication purposes may be permitted as an accessory structure to civic, institutional, recreational, and agricultural uses subject to the
following standards: a. Height The radio tower shall not exceed 100 feet in height from ground level; and b. Setbacks An accessory radio tower shall be setback a distance equal to the
height of the tower. The radio tower shall be located in such a manner that it will not fall on any power line. c. Exceptions for SFWMD Telemetry Towers in the Glades Tier SFWMD Telemetry
towers may be considered an accessory use within the Glades Tier, subject to the following: [Ord. 2014-025] 1) DRO approval of a FSP; [Ord. 2014-025] 2) Located on parcels owned by
the SFWMD or leased from the Board of Trustees of the Internal Improvement Trust Fund (TIITF) of the State of Florida; [Ord. 2014-025] 3) Height may exceed 80 feet; [Ord. 2014-025]
4) The DRO may approve setback reductions for property lines or lease tracts within parcels owned by the SFWMD or TIITF, when it is demonstrated to DRO that the tower will collapse
within the property or the adjoining parcels owned by the SFWMD or TIITF. [Ord. 2014-025] 5) If located within the USA of the Glades Tier, rezoning for consistency with the parcel’s
FLU designation shall not be required. [Ord. 2014-025] 14. Government Owned Towers The following regulations shall be applicable to government owned towers providing governmental services,
including but not limited to emergency services. [Ord. 2018-002] a. New or modification of towers 100’ or less in height, may be permitted by right in any zoning district, provided
the setbacks, separation and distance between towers is at least 100 percent of the tower height, unless stated otherwise. All government towers in excess of 100’ in height shall be
subject to the standards in Tables 5.B.1.A. [Ord. 2018-002] b. Government owned towers that do or will support commercial antennas shall be subject to the approval and supplementary
use standards pursuant to Art. 4.B.9 Commercial Communication Towers. [Ord. 2018-002] (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed
10/18) Article 5 - Supplementary Standards 30 of 110 Table 5.B.1.A – New, Modified or Relocated Government Towers Related to an Emergency(1) Improvement Tower Height Approval Process
(2) Regulations New Tower Towers 100’ or less in height that do not comply with Art. 5.B.1.A.14.a, above. BCC Hearing (3) (5) Towers greater than 100’ Subject to approval in the Use
Matrix of Art. 4.B.9, Commercial Communication Towers (4) • Setbacks, separation and distance between towers are at least 100 percent of the tower height. (5) Modification Towers greater
than 100’ Permitted by Right • Tower height, base station and location are the same as in the original approval; or • Subject to the limitations in Art. 4.B.9.E, Eligible Facilities
Request for Modification; or, • Stealth or Monopole towers shall comply with the limitations in Art. 4.B.9.D.1.e.1), Stealth; or, • Modifications of the tower requires relocation of
the tower on the same parcel and the setbacks, separation and distance between towers are at least 100 percent of the tower height. BCC Hearing (3) Modification of towers, not subject
to Eligible Facilities Request for Modification, resulting in setbacks, separation and distance between towers less than 100 percent of the tower height. (5) [Ord. 2018-002] Notes:
(1) As defined in Art. 1.I.2.E, Emergency [Ord. 2018-002] (2) Applications subject to public hearing shall comply with and be limited to only the notification requirements in Art. 2.B.5.B,
Newspaper Publication and Art. 2.B.5.D, Signs. [Ord. 2018-002] (3) For government entities other than Palm Beach County, coordination shall be undertaken with the County’s Facilities
Development and Operation Department (FDO) for placement on the next available BCC meeting or hearing following receipt of a sufficient written request and fulfillment of required public
notification. [Ord. 2018-002] (4) A government agency looking to locate a tower in a prohibited zoning district per Table 4.B.9.A, Commercial Communication Towers, may request BCC approval
of the tower as an emergency conditional approval provided that: [Ord. 2018-002] • There are no properties owned by that government agency that are available within the defined service
area in the zoning districts where towers are allowed; [Ord. 2018-002 • The tower is the minimum necessary to protect the public health, safety, or welfare of PBC residents; and, [Ord.
2018002] • The applicant makes a presentation to the BCC at a scheduled meeting or hearing on the merits of the request. [Ord. 2018-002] (5) Setbacks, separation or distance between
towers may be reduced or exempted by the BCC based on findings of fact, including but not limited to: [Ord. 2018-002] • Demonstrate that the tower is the minimum necessary to maintain
the level of service to protect the public health, safety, or welfare of PBC residents [Ord. 2018-002] • Setbacks, separation and distance between towers are the minimum necessary to
protect adjacent uses and structures. [Ord. 2018-002] • All setbacks less than 100 percent of the tower height shall be substantiated by a registered engineer in the State of Florida
certifying breakpoint calculations. The breakpoint calculations shall confirm that should tower failure occur, the failed portion of the tower shall fall within the property where the
tower is located on. [Ord. 2018-002] (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards
31 of 110 Table 5.B.1.A – New, Modified or Relocated Government Towers Not Subject to an Emergency Improvement Height or Base Station Area Approval Process Regulations New Tower
101’ or more of any tower type Subject to the provisions in Art. 4.B.9, Commercial Communication Towers(1) Modification Tower height, base station area and location are the same as
in the original approval Permitted by Right Consistent with the original approval Replacement of towers, subject to Art. 4.B.9.G.2, Replacement Modification to tower location Permitted
by Right Setbacks, separation and distance between towers are at least 100 percent of the tower height. Modifications to the tower height, base station area and/or location other than
above Subject to the limitations in Art. 4.B.9.E, Eligible Facilities Request for Modification Stealth or Monopole Tower comply with the limitations in Art. 4.B.9.D.1.e.1), Stealth
All other towers subject to Art. 4.B.9.G.3, Tower Height Increases BCC Hearing All other dimensions not noted above shall comply with Art. 4.B.9.H.5, Type 2 Waiver from Required
Dimensional Criteria. [Ord. 2018-002] (1) A government agency proposing to locate a tower in a prohibited zoning district per Table 4.B.9.A, Commercial Communication Towers, may request
approval of the tower as a Class A Conditional Use. [Ord. 2018-002] 15. Amateur Radio and Television Antennas a. Purpose and Intent The purpose and intent of this Section is to provide
for the safe and effective installation and operation of amateur radio, citizens band radio, and television antenna support structures, and the beam, satellite, or other antennas installed
on those support structures. It is also the purpose and intent of this Section to provide for a reasonable accommodation of amateur radio communications, in accordance with Parts 95
and 97 of Chapter 1 of Title 47 of the Code of Federal Regulations, while reflecting PBC's legitimate interest of protecting and promoting the health, safety, welfare, neighborhood
aesthetics, and morals of its citizens. b. Applicability All amateur and citizens band radio and television transmission and receiving antennas, including satellite dish antennas, shall
be governed by the standards of this Section. c. Antennas and Antenna Support Structures All antenna support structures and the beam, satellite, or other antenna installed on those
antenna support structures, shall be considered accessory uses, allowed only in conjunction with a single family dwelling, and shall comply with this Section and Art. 16, Airport Regulations.
d. Use Approval 1) Existing Uses All antenna support structures and the beam, satellite, or other antennas installed on these support structures which have been constructed, installed,
and are operational as of February 1, 1990, shall be considered legal, nonconforming uses which are vested. 2) New Uses Antenna support structures and their antennas shall be permitted
as accessory uses to residential uses and be reviewed and approved as provided below: a) All Lots A maximum of two antenna support structures and their antennas, 40 feet or less in
height, shall be permitted on any lot. Two additional antenna support structures and their antennas shall be allowed, one to a maximum of 75 feet in height, and the second to a maximum
of 100 feet in height. Additional support structures or structures that exceed these height limitations shall require a Class B conditional use approval. b) Permits All applicable
permits shall be obtained. (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 32 of 110
(This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 33 of 110 e. Standards
1) Base Size The base dimension for each antenna support structure shall be limited to a maximum five feet in overall width at grade. The foundation for each antenna support structure
shall be no more than one foot above grade. 2) Setbacks a) Antenna Support Structure (1) Location Antenna support structures shall not be located in the front setback. (2) Lots Less
than One Acre Antenna support structures shall be located to comply with the district setback standards or a minimum of 25 feet, as measured from the center of the support structure,
whichever is greater. (3) Lots on One Acre or More Antenna support structures shall be located to comply with the greater of the following: (a) The minimum district setback standards
as measured from the center of the support structure; (b) 25 foot setback for support structures and their antennas less than 75 feet in height; or (c) A setback of 50 percent of the
height of the support structure and its antenna equal to or greater than 75 feet in height. (4) All Lots Antenna support structures shall be located on the property so as to provide
adequate setbacks from above-ground utility power lines other than applicant’s service lines as follows: (a) Setback a minimum distance equal to 50 percent of the height as calculated
from grade to the highest point of the antenna support structure and its antenna; or (b) The owner shall submit a break point calculation certified by a professional engineer, or the
owner shall submit the manufacturer’s specifications that demonstrate a clear fall radius. f. Antennas In addition to complying with the setback standards, beam array, satellite, or
other antennas shall be mounted so as to provide for removal at approach of hurricanes, if necessary, or provide for the lowering of such beam. The antenna or any element thereof shall
be set back a minimum of ten feet from all R-O-Ws, easements, or property under different ownership. g. Anchors All peripheral anchors shall be located entirely within the boundaries
of the property. If said supports and anchors are closer than five feet to property under different ownership, and if such support or anchor extends greater than three feet above the
ground, it shall be effectively screened against direct view from abutting properties and shall extend no greater than six feet above ground. 16. Satellite Dish Antennas a. Applicability
All satellite dish antennas shall be governed by the standards of this Section unless exempted below or regulated as part of an amateur radio antenna. 1) Exemptions a) Residential
Uses Satellite dish antennas 40 inches or less in diameter shall be exempt from these requirements. b) Non-Residential Uses Satellite dish antennas under 80 inches in diameter shall
be exempt from these requirements. b. Standards 1) Residential Uses a) Number A maximum of one satellite dish antenna over 40 inches in diameter shall be allowed on a residential lot.
Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 34 of 110 b) Location and Setbacks Satellite dish antennas shall be mounted on
the wall, ground, or a support structure in the side or rear yard and shall not be located on a wall facing the front property line or within an easement. (1) Setbacks Satellite dish
antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side closest to the applicable setback or property line. c) Screening
Satellite dish antennas, if located in the side or rear yard, shall be screened by an opaque fence or hedge. d) Height Satellite dish antennas shall not exceed the height limitations
of the district. 2) Non-residential Uses a) Number No limitation. b) Location and Setbacks Satellite dish antennas shall be wall, roof, or ground mounted, and shall not be located
in the front or side corner yard. (1) Setbacks Satellite dish antennas shall meet setback requirements of the district as measured from the outermost point of the dish on the side
closest to the applicable setback or property line. c) Screening Satellite dish antennas shall be completely screened from adjacent residential districts by an opaque wall (including
parapet walls), fence, or hedge, or combination thereof, pursuant to Art. 5.B.1.A.2, Fences, Walls and Hedges. 17. Neighborhood Commercial Development (NCD) a. General It is the purpose
of this Section to allow a limited amount of commercial uses in certain residential developments which developed prior to the establishment of planned development regulations in Ordinance
1973-002 (1973). Residential developments which meet the criteria in this Section will be allowed a limited amount of commercial area within the project without rezoning to a planned
development district. It is the purpose of this Section to allow limited neighborhood serving commercial uses in residential areas under the control of a HOA without a commercial FLU
designation or rezoning to a commercial district. b. Procedure Residential developments which meet the criteria in this Section may create a Master Plan showing existing development
and the proposed commercial area. The area shall be subject to approval as a Class A conditional use. c. Criteria 1) Property Owners Association (POA) The application for a NCD shall
be submitted by an HOA under the control of the residents. 2) Minimum Threshold The HOA must contain a minimum of 500 units. 3) Location The NCD shall meet the location criteria for
a commercial pod in a PUD Art. 3.E.2, Planned Unit Development (PUD). 4) Number A maximum of one NCD shall be permitted for each HOA. 5) Size A NCD shall not exceed three acres in
area. 6) Limitation Uses shall be limited to the regulations of the CN district, excluding real estate sales offices. [Ord. 2005-041] 18. Bike Racks a. Number of Bikes Each bike rack
shall accommodate a minimum of five bikes. Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 35 of 110 b. Multifamily Uses Multifamily
projects with more than 100 units shall provide one bike rack per 50 units. c. Commercial Uses All commercial projects subject to site plan approval by the DRO shall provide one bike
rack per 200 parking spaces. Figure 5.B.1.A - Bike Racks 19. Permanent Generators a. Applicability 1) Permitted Use Use of permanent generators shall be permitted during periods
of electrical power outages in utility systems maintained by the utility service provider or when the BCC declares a state of emergency. [Ord. 2006-004] [Ord. 2007-013] 2) Type 2 and
3 CLF, Club Houses and Nursing or Convalescent Facility A permanent emergency generator shall be required for all Type 2 and 3 CLFs, Nursing or Convalescent Facilities, and PDD or TDD
clubhouses 20,000 square feet, or greater. [Ord. 2006-004] [Ord. 2007-013] a) Exemptions (1) Developments that have a BCC or DRO approved plan that graphically indicates a clubhouse(s)
shall be exempt from the generator requirement except for projects that exceed 75 percent or more of the Improvement Value as stated below. [Ord. 2007013] [Ord. 2013-001] (2) Renovations
or additions that do not exceed 75 percent or more of the Improvement Value may be exempt from these requirements. [Ord. 2007-013] [Ord. 2011-016] (3) A PDD or TDD clubhouse located
in the Coastal High Hazard Area as defined by the Plan, shall be exempt from this requirement. [Ord. 2007-013] (4) A PDD or TDD that has one or more clubhouses with a generator meeting
the requirements of this Section, shall be exempt for any other remaining clubhouses within the development. [Ord. 2007-013] b. Standards 1) General The following standards shall
apply to all permanently installed generators. [Ord. 2006-004] a) Maximum Permissible Sound Level Refer to Art. 5.E.4.B.2, and Table 5.E.4.B Maximum Sound Levels. [Ord. 2006-004]
Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 36 of 110 b) Screening Generators that are not located within, or completely screened
by a building, shall be screened from view when adjacent to or visible from a public R-O-W or parcels with a conservation or residential FLU or use. Screening may include the use of
fences, walls or hedges, or a combination thereof. [Ord. 2006-004] c) Maintenance Cycle Generators may be operated for exercising purposes one time per week, excluding Sundays, for
a period not exceeding 30 minutes between the hours of 10:00 a.m. to 5:00 p.m. [Ord. 2006-004] d) Location and Setbacks Generators shall meet the district setback requirements for
principal structures, but shall not be located between the front or side street façade of a building and a R-O-W or in an easement, unless: [Ord. 2006-004] [Ord. 2007-001] (1) Encroachment
is limited to ten percent of setback; [Ord. 2007-001] (2) Where applicable, the applicant indicates that a HOA has been notified of the application for building permit; [Ord. 2007-001]
(3) The generator shall be screened from view from any public rights-of-way or adjacent property lines by an opaque fence/wall; and [Ord. 2007-001] (4) If this criteria cannot be met,
the applicant may apply for a Type 1 Variance, pursuant to Art. 2.C.5.D. [Ord. 2007-001] 2) Residential The following shall be applicable to SFD, ZLL, TH, and MF units. [Ord. 2006-004]
a) Number A maximum of one generator shall be allowed on a SFD, ZLL or TH lot. A maximum of one generator per structure shall be permitted for multi-family developments, with exception
to condominiums, which shall be permitted one generator per unit. [Ord. 2006004] b) Setback Exceptions Generators less than four feet in height from finished grade may be allowed within
the required side and rear setbacks in accordance with Table 5.B.1.A, Setbacks for Generators less than Four Feet in Height. [Ord. 2006-004] Table 5.B.1.A - Setbacks for Generators
less than Four Feet in Height (1) Side Rear SFD 3 feet 5 feet ZLL 5 feet 5 feet TH NA 5 feet Ord. 2006-004 Note: 1. Refer to FBC for additional location criteria. 3) Type 2 and 3
CLF, PUD Club Houses and Nursing Homes Required generators shall have a minimum operating capacity to provide service for the following: [Ord. 2006-004] a) Essential Functions Essential
electrical systems within the building, including but not limited to, exit lighting, emergency lighting, elevators, fire alarm system, bathroom exhaust fans, and, bathroom hot water
heaters. [Ord. 2006-004] b) General Lighting Lighting for a minimum of 30 percent of the building’s GFA, including but not limited to, main meeting or gathering area, hallways, and
bathrooms. [Ord. 2006-004] c) Multipurpose Room Air conditioning for 30 percent of the building’s GFA including the largest meeting or gathering room. [Ord. 2006-004] d) Fuel Storage
Sufficient to operate the generator for the minimum of 72 hours at the full load capacity. [Ord. 2006-004] 4) Non-Residential There is no limitation to the number of generators.
[Ord. 2006-004] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 37 of 110 20. Mechanical Equipment a. Applicability This section
shall apply to the installation of improvements associated with mechanical equipment. [Ord. 2008-037] 1) Location and Setbacks a) Setback Exceptions Setback exceptions shall be applied
pursuant to Art. 3.D.1.D.5, Setback Exceptions. [Ord. 2008-037] b) Height Exceptions Height exceptions shall be applied pursuant to Art. 3.D.1.E.4, Height Exceptions. [Ord. 2008-037]
2) Screening Requirements a) New and replacement equipment, shall be screened on all sides by an opaque barrier constructed of materials, and color compatible with the building or structure,
or equivalent landscaping for ground mounted equipment, to a minimum height equal to the highest point of the equipment. [Ord. 2006-004] [Ord. 2008-037] [Ord. 2011-016] b) Type 1 Waiver
- Roof Mounted Mechanical Equipment (1) Screening shall not be required: [Ord. 2006-004] [Ord. 2011-016] (a) if the equipment is less than one foot in height, measured from the roof
deck, and is painted to match the color of the structure it is attached to or servicing; [Ord. 2006-004] [Ord. 2008-037] [Ord. 2011-016] (b) for any industrial use with industrial
FLU designation if adjacent to a parcel with an industrial use and industrial FLU designation; [Ord. 2011-016] (c) if an existing roof cannot structurally support additional weight
associated with required screening materials. A certified letter, from a structural engineer or architect registered in the State of Florida, shall be submitted with the applicable
permit substantiating that the roof cannot support the additional weight. [Ord. 2008-037] [Ord. 2011-016] (2) Subject to approval of a Type 1 Waiver, the screening may not be required
for any industrial use with industrial FLU designation if the equipment cannot be viewed from adjacent R-O-W. In addition to the standards applicable to Type 1 Waiver, a line of sight
drawing may be required by the DRO to ensure compliance with screening of equipment. [Ord. 2011-016] [Ord. 2012-027] c) Screening Exemptions (1) Solar Energy Systems Solar Energy Systems,
including Solar Trees, are exempt from the screening requirements. [Ord. 2014-001] [Ord. 2017-025] (2) Existing Multifamily Condominium Replacement of roof mounted mechanical equipment
located on a multi-family condominium may be exempt from new screening requirements, subject to the following: [Ord. 2015-006] [Ord. 2017-025] (a) Shall not be relocated closer to
the edge of a roof, with exception to the minimum necessary to accommodate current technology requiring larger equipment, such as a heat pump or high efficiency air compressor; and,
[Ord. 2015-006] (b) Increase in height shall only be permitted to accommodate elevated stands required to comply with the Building Code or upon demonstration that replacement equipment
is larger due to current technology. [Ord. 2015-006] 21. Livestock a. Standards of Approval Domesticated livestock shall be allowed accessory to a single family residential use subject
to the following standards: [Ord. 2012-027] 1) Tier Shall only be located in the Rural and Exurban Tiers and when not within a PUD. [Ord. 2012-027] 22. Pot Bellied Pigs Pot bellied
pigs may be kept as pets in a Single Family or Zero Lot Line Home, subject to the following: [Ord. 2013-001] a. Maximum Number No more than two pot bellied pigs per household are allowed.
[Ord. 2013-001] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 38 of 110 b. Residence Pot bellied pigs shall reside within the
residence (Single Family or ZLL Home) of its owner. [Ord. 2013-001] c. Limitations The commercial care, boarding or grooming, and the breeding of domesticated miniature or potbellied
pigs is prohibited. [Ord. 2013-001] 23. Mobile Home The use of a mobile home shall be prohibited unless stated otherwise in Art. 4, Use Regulations and Art. 5, Supplementary Standards.
[Ord. 2017-007] Table 5.B.1.A – Mobile Home (1) Applicability Dwelling Unit Structure MHPD or Existing Approved Mobile Home Park (2) Accessory to Bona Fide Agriculture (2) Farm Workers
Quarters (2) Caretaker Quarters (2) Watchman Trailer (3) While Constructing a SF Dwelling (3) [Ord. 2017-007] Notes: 1. Mobile Home shall not be used for storage or display. 2. Supplementary
use standards are indicated in Art. 4, Use Regulations. 3. Specific regulations are stated in Art. 5, Supplementary Standards. 24. Air Curtain Incinerator A combustion device used
to burn trees and brush. [Ord. 2017-007] a. Standards 1) Exemptions The following temporary air curtain incinerators are exempt from the requirements of this Section: Incinerators
operating under written approval from the PBC Health Department in accordance with the PBC Open Burning Ord. 2005-020; and incinerators used for the emergency burning of storm generated
debris by a local government. [Ord. 2006-004] [Ord. 2017-007] 2) Storage Except in the AP Zoning District, on site outdoor storage of unprocessed material shall be limited to 45 days.
Pile height shall be limited to 15 feet. Outdoor storage shall be setback a minimum of 25 feet from any property line or 50 feet from any property line adjacent to a residential district
or use. Storage areas shall be screened from view pursuant to Art. 5.B, Accessory and Temporary Uses. [Ord. 2006-004] [Ord. 2017-007] 3) Hours of Operation Hours of operation are limited
to 8:00 a.m. to 5:00 p.m., Monday through Friday. The incinerator shall not be charged before 9:00 a.m. and shall be completely extinguished one hour before sunset. [Ord. 2006-004]
[Ord. 2017-007] 4) No Burn Days The incinerator shall not operate on “no burn days” as designated by the PBC Fire-Rescue Department. [Ord. 2006-004] [Ord. 2017-007] 5) Setback The
incinerator shall be set back a minimum of 1,200 feet from any property line abutting a residential district or use. [Ord. 2006-004] [Ord. 2017-007] b. Supplemental Application Requirements
1) Site Plan A site plan illustrating how the operation functions, circulation routes, square footage, height and location of buildings, incinerator and storage piles. [Ord. 2017-007]
2) Waste An explanation of the quantity of waste to be received expressed in cubic yards per day or tons per day. [Ord. 2017-007] 3) Dust Control A plan which addresses dust control
in traffic, storage and processing areas. Dust control measures may include: additional setbacks, full or partial enclosure of air curtain incinerator and watering or enclosing storage
piles. If facility with an air curtain incinerator also includes Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 39 of 110 chipping,
mulching or composting, adherence to the supplementary use standards applicable to such use shall also be required. [Ord. 2017-007] 25. Air Stripper A remedial system which treats contaminated
groundwater. [Ord. 2017-007] a. Duration The length of time a remedial system may remain on a site shall be determined by ERM. [Ord. 2017-007] b. Setback If the applicant is unable
to meet the property development regulations, in lieu of a variance, the Zoning Division shall be authorized to determine the location of the structure and set necessary conditions
for landscaping and screening. [Ord. 2017-007] 26. Kennels and Runs Runs applicable to any Kennel use shall be subject to the following: a. Fences Safety fences around the outdoor runs
shall not exceed six feet in height. [Ord. 2017-007] b. Hedge If the safety fence is not opaque, a continuous solid opaque hedge, a minimum of four feet at installation, shall be provided
around the outdoor run. [Ord. 2017-007] c. Setbacks 1) General a) Enclosed structures or enclosed runs shall comply with the minimum setbacks applicable to the principal dwelling unit.
[Ord. 2006-036] [Ord. 2017-007] b) Outdoor runs or non-enclosed structures shall not be located within 25 feet of any property line. [Ord. 2006-036] [Ord. 2017-007] 2) Hobby Breeders
Outdoor runs or non-enclosed structures used by hobby breeders shall not be located within 50 feet of any property line adjacent to a residential district or 25 feet of any property
line adjacent to a non-residential district. [Ord. 2006-036] [Ord. 2017-007] d. Guard Dog Shelter Exemption Adequate shelter required by ACC for any guard dog registered in accordance
with ACC Ord. 98022 may be allowed in any zoning district. A shelter for a permanent on-site guard dog, associated with guard duty, shall be exempt from the setback requirements of
this section when adjacent to non-residential zoning districts or uses. [Ord. 2008-036] [Ord. 2017-007] 27. Accessory Solar Energy Systems Accessory Solar Energy Systems may be allowed
as an accessory use, subject to the following: [Ord. 2017-025] a) Incidental and Subordinate Applications for the installation of an accessory Solar Energy System shall include documentation
from the manufacturer, architect, engineer, or contractor performing installation, verifying the system is the maximum necessary to meet onsite energy usage. This limitation does not
prohibit the use of net metering where permitted. [Ord. 2017-025] b) Collocation with Buildings Solar Energy Systems are classified as mechanical equipment, and may be placed on principal
or accessory buildings, including those permitted within a front or side-street yard. [Ord. 2017-025] c) Standards for Other Structures Solar Energy Systems installed on other structures
shall be limited to the side or rear yard in accordance with the Standards of this Chapter, except as follows: [Ord. 2017-025] 1) Exception Where the conditions of the side or rear
yard prohibit installation, a Solar Energy System may be installed in the front or side street yard, subject to the following” [Ord. 2017-025] (a) Structures greater than six feet in
height shall meet the minimum setbacks for the district. Structures less than six feet in height may be permitted within required setbacks, but in no case shall the system be located
within 25 feet of the property line; and, [Ord. 2017025] (b) The system is completely screened from view from any other parcel or R-O-W through use of landscaping, fences or walls.
[Ord. 2017-025] (2) Solar Trees A Solar Energy System installed on a structure intended to provide shade, provide for public art, or other similar function, may be allowed provided
that the structure complies with Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 40 of 110 setbacks, does not adversely impact
any required or preserved landscaping, be placed so as to conflict with any vehicular or pedestrian circulation system, nor shade more than ten percent of any Open Space area. [Ord.
2017-025] (3) Associated Solar – with Mechanical Structures Where used to power electric gates, environmental monitoring stations, street lights, or other similar, provided the solar
panel does not exceed a maximum of four square feet, and all electrical cables or equipment are hidden within the structure. [Ord. 2017-025] d) Incorporation of Solar in Vehicular and
Pedestrian Surfaces The incorporation of Solar Energy Systems into any parking lot, sidewalk, bike path, or similar surface, shall be exempt from any setback or front or side-street
yard limitation. [Ord. 2017-025] B. Emergency or Temporary Government or Utility Structures This Section is intended to facilitate the placement or construction of structures or facilities
that are temporary. These structures or facilities are utilized to ensure the health, safety and welfare of the public from natural or pending disasters; or construction staging activities
for infrastructure improvements. Typical uses may include: fire stations, hurricane shelters, utility facilities; or construction staging areas. [Ord. 2011-001] [Ord. 2018-002] 1.
Review and Approval Process Emergency or temporary structures shall be subject to the approval by the DRO through a ZAR process. The ZAR process may be waived by the Executive Director
of PZB as stated below: [Ord. 2018-002] a. Emergency Structures The Executive Director of PZB may waive the ZAR process, and authorize the issuance of a building permit for a temporary
structure upon determination that a public emergency, pending natural disaster, or actual natural disaster, exists. [Ord. 2011-001] [Ord. 2018-002] b. Temporary Structures The Zoning
Director may require a PAC with the DRO in order to seek input from the various County Agencies on the temporary structure, or may seek direction from the BCC through an AI. The Zoning
Director shall consider documentation from the Applicant and any other input from County Agencies before issuance of a DO. [Ord. 2011-001] [Ord. 2011-016] [Ord. 2017-007] [Ord. 2018-002]
1) Duration The DO shall be valid for up to a period of six months from date of issuance, with one three month extension by the Zoning Director. The BCC may extend the timeframe through
an AI by the Zoning Director. [Ord. 2011-001] [Ord. 2018-002] 2) Construction Staging Areas for Right of Ways (R-O-W) In addition to the requirements listed above, the following shall
apply to those construction staging areas located on or adjacent to residentially zoned parcels. [Ord. 2008-003] [Ord. 2018-002] a) Hours of Operation Activity on the site shall not
commence prior to 7:00 a.m. and must be completed prior to 10:00 p.m. A Type 1 Variance may be applied for to request modification from this provision. [Ord. 2008-003] [Ord. 2018-002]
b) Setbacks or Separations Stored materials shall not be located within the required minimum district setback. [Ord. 2008-003] [Ord. 2018-002] c) Screening Temporary screening material,
a minimum of five feet in height and 85 percent opacity shall be provided around the perimeter of the staging area, adjacent to residential uses, to mitigate visual impact. [Ord. 2008-003]
[Ord. 2018-002] d) Dust Control Appropriate measures shall be taken, pursuant to Health Department requirements, to control dust or other airborne particulate matter. [Ord. 2008-003]
[Ord. 2018-002] e) Exceptions Projects with a duration of 30 days or less shall be exempt from the requirements of this section. [Ord. 2008-003] [Ord. 2018-002] 2. Tents A tent may
be used as a temporary structure subject to approval as a special permit and the standards of this Section. Tents used for retail purposes are also subject to Art. 4.B.11.C.8, Temporary
Retail Sales. Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 41 of 110 a. Frequency Three times per lot per year. b. Maximum
Duration The tent may be used for a maximum period of 90 days, provided that an additional 30-day administrative extension may be approved subject to a finding by the Zoning Division
that the tent and use continue to meet all the applicable requirements of this Code and the Building Code. c. Setbacks All principal use setback requirements of the underlying district
shall be met. d. Location The tent shall be located on the lot so as not to adversely interfere with on-site circulation and shall not be located in any required parking space. e. Access
Access shall be from an arterial street. f. Lighting Lighting shall be extinguished no later than 12:00 midnight. g. Parking Parking shall be provided in accordance with Art. 6, Parking.
3. Temporary Structures and Uses During Development Activity Temporary structures and uses may be allowed as follows: [Ord. 2008-003] a. Construction Trailer 1) Use A construction
trailer shall be limited to an office used by the businesses of professions actively involved in the construction of a building or structure authorized by a valid building permit issued
for the site on which the trailers are located. Use of the office shall be limited to on site activities only. A construction trailer shall not be used as a dwelling. 2) Number A
maximum of one trailer per construction business or profession shall be allowed. 3) Duration The construction trailer shall remain on site only for the length of time necessary to
construct a building or structure which has been issued a building permit. 4) Location The construction trailer and related parking shall be located on site so as not to interfere
with access to developed areas or areas under construction. 5) Removal A construction trailer shall be removed from the site no later than 30 days after the final CO has been issued.
The trailer shall be removed if construction ceases for more than 180 consecutive days. An abandoned trailer shall be considered an unsafe structure and abated pursuant to the Building
Code Enforcement Administrative Code of PBC. b. Watchman Trailer 1) Use A watchman trailer may be allowed on the site of an active construction project which has been authorized by
a building permit. Use of the trailer shall be limited to on site security purposes only. A watchman trailer may be used as a dwelling. 2) Number A maximum of one watchman trailer
per construction project shall be allowed. 3) Location A watchman trailer, and required parking, shall be located in areas under construction only. 4) Parking A minimum of two parking
spaces shall be provided. 5) Duration A watchman trailer shall remain on site only for the length of time necessary to construct a building or structure which has been issued a building
permit. 6) Removal A watchman trailer shall be removed from the site no later than 30 days after the final CO has been issued. The trailer shall be removed if construction ceases
for more than 180 consecutive days. An abandoned trailer shall be considered an unsafe structure and abated pursuant to the Building Code Enforcement Administrative Code of PBC. Unified
Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 42 of 110 7) Mobile Home A mobile home used as a watchman quarters shall be subject to
the following additional requirements: Figure 5.B.1.B - Typical Mobile Home Lot Layout a) Special Permit A special permit shall be required. The special permit shall be renewed annually,
for a maximum of two years; and b) Removal Agreement A notarized removal agreement shall be executed and submitted with the application for a special permit. c. Real Estate Sales And
Management Office 1) Use A temporary structure for real estate sales and sales management offices may be allowed on the site of an active construction project which has been authorized
by a building permit. Use of the structure shall be limited to on site real estate sales and related activities only. A temporary structure used for real estate sales may not be used
as a dwelling, as defined in Art. 3.E.1.G, Sales Office and Models. 2) PDD Real estate sales offices in PDDs shall be in accordance with Art. 3.E.1.G, Sales Office and Models. 3) Number
A maximum of one sales office per construction project shall be allowed. 4) Location The sales office, and required parking, shall be shown on the master plan, site plan, or subdivision
plan approved by the DRO. A sales office shall comply with the setback requirements in Table 3.D.1.A, Property Development Regulations, and shall be located so as not to interfere
with on site construction operations and access. 5) Parking A minimum of six parking spaces, plus one for each employee on the shift of greatest employment, shall be provided. All
parking areas, with the exception of handicap spaces and access, shall be provided on a hard surface of pavement, asphalt, shell rock, or mulch, provided the sub-grade is compacted.
Handicap spaces and access shall be provided in accordance with F.S. §316.1955, F.S. §316.1956, and F.S. §553.48. 6) Banners, Streamers, and Pennants A maximum of two of any one of
the following: banners, streamers or pennants may be permitted for every 200 feet of frontage along a public R-O-W. They shall be setback a minimum of five feet from the property
line, not to exceed eight feet in height and 20 square feet in size, and may be clustered or dispersed along the R-O-W. [Ord. 2008-037] Unified Land Development Code Supplement No.
24 (Printed 10/18) Article 5 - Supplementary Standards 43 of 110 7) Duration A sales office shall remain on site only for the length of time necessary to construct a building or
structure which has been issued a permit. 8) Removal A sales office, and all accessory signs, banners, streamers and pennants shall be removed from the site no later than 30 days after
the final CO has been issued for the last residential unit. The office shall be removed if construction ceases for more than 180 days. An abandoned office shall be considered an unsafe
structure and abated pursuant to the Building Code Enforcement Administrative Code of PBC. [Ord. 2008-037] 9) Mobile Home A mobile home used as a sales office shall be subject to
the following additional requirements: a) Special Permit A special permit shall be required. The special permit shall be renewed annually, for a maximum of two years; and b) Removal
Agreement A notarized removal agreement shall be executed and submitted with the application for a special permit. d. Mobile Home While Constructing Single Family Dwelling 1) Definition
A mobile home used as a temporary residence during the construction of a Single Family structure. [Ord. 2017-007] 2) Zoning District – AR (RSA) A temporary mobile home may be allowed
only in the AR Zoning District of the - Rural Service Area (RSA). [Ord. 2017-007] 3) Agency Approval Sanitary sewage facilities and potable water well shall be approved by all governmental
agencies having appropriate jurisdiction, permits, and inspections for the installation which must be obtained from the PZB Department and Health Department; [Ord. 2017-007] 4) Building
Permit a) A valid building permit for a Single Family dwelling unit on the land shall have been issued by the Building Division prior or concurrent to issuance of the tie down permit
for the mobile home; [Ord. 2017-007] b) The approval for the mobile home shall be valid for two years or up to 30 days after the issuance of the Certificate of Occupancy for the Single
Family dwelling, whichever occurs first. A removal agreement shall be notarized and executed between the Building Division and property owner and recorded on the property in the official
records of the PBC Clerk prior to issuance of any building permit. No time extensions shall be granted. No more than one MH approval shall be granted per Property Control Number.
[Ord. 2007-001] [Ord. 2017-007] 5) Additions No additions shall be allowed to the mobile home, except awnings and demountable screen panels, stairs, decks and trellises. [Ord. 2017-007]
6) Proof of Ownership A current recorded warranty deed for the subject property shall be submitted. e. Modular and Manufactured Structures 1) Use A modular or manufactured structure
may be temporarily utilized for non-residential uses with an approved DRO site plan during the construction of the permanent facility. [Ord. 2008003] 2) Approval Process The approved
site plan shall be administratively amended to indicate the location and square footage of the structure. The tie down permit shall be applied for in conjunction with the building permit
for the permanent structure. The structure shall comply with all applicable sections of the ULDC and existing conditions of approval. [Ord. 2008-003] 3) Time Limitations The temporary
structure shall be removed prior to issuance of the CO for the permanent facility if it is located in required parking spaces or impacts the circulation or function of the site as originally
approved. If the temporary structure is not located in required parking Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 44 of 110
spaces and does not impact the circulation or function of the site the temporary structure shall be removed within fourteen working days of the issuance of the CO. [Ord. 2008-003]
4. Portable Storage Container Portable storage containers are weather resistant receptacles used for the temporary storage of goods for residential uses which may be Permitted by Right
as follows: [Ord. 2017-025] a) A maximum of one container 16 feet in length, 8 feet in width and 8 feet in height may be allowed, for no more than 2 times a year for a maximum of 15
days each time. [Ord. 2017-025] b) Shall be located on driveways not to overlap easements, sidewalks or R-O-W. [Ord. 2017-025] c) Shall be setback a minimum of 7.5 feet from the side
property lines, except where no other driveway areas are available, the setback may be reduced subject to the dimensions in Art. 6.C.1.A.1.a, Local or Residential Access Streets. [Ord.
2017-025] d) Container location shall not result of required parking to be placed on areas not designed to park vehicles. [Ord. 2017-025] 5. Shipping Containers a) Shipping containers
used as temporary storage on a construction site shall be permitted by right subject to the Building Division requirements. [Ord. 2017-025] b) A repurposed Shipping Container that complies
with the Florida Building Code shall not be considered a Shipping Container. [Ord. 2017-025] C. Flex Space A type of use that allows a flexible amount of retail, office and industrial
space in one structure located on parcels with an Industrial (IND), Economic Development Center (EDC), or Commercial High (CH) Future Land Use Designation (FLU), that are directly related
to the principal use. [Ord. 2010-005] 1. Review Process Applications for flex space shall be reviewed pursuant to Art. 2, Application Processes and Procedures, in addition to one of
the following options: [Ord. 2010-005] a. Option 1 – Uses requiring BCC approval shall be subject to the applicable review process pursuant to Art. 2.B.7, Types of Applications. The
applicant shall identify the portion of the building designated for flex space on the site plan. All other uses subject to an administrative review process shall be permitted in the
BCC approved building. [Ord. 2010-005] [Ord. 2017007] b. Option 2 – Uses requiring DRO approval shall be subject to the review process pursuant to Art. 2.C, Administrative Processes.
The applicant shall identify the portion of the building designated for flex space on the site plan. All other uses subject to the Building Permit review process shall be permitted
in the DRO approved building. [Ord. 2010-005] c. Option 3 – Uses subject to the Building Permit review process may occupy a bay or the entire building as long as they comply with the
applicable Supplementary Use Standards and additional ULDC requirements (parking, signage, etc.). The applicant shall identify the portion of the building designated for flex space
on the site plan. The applicant has the option of applying flex space provisions to a specific bay in the building or having the entire building (single use tenant) dedicated to flex
space. The applicant shall submit the Building approved site plan to the Zoning Division for informational purposes indicating the area designated as flex space and demonstrating that
the overall site is in compliance with the applicable ULDC regulations. [Ord. 2010-005] 2. Development Standards a. CH FLU Flex Space located on parcels with a CH FLU shall be permitted
to have the following mix of uses: a minimum of 50% industrial, not to exceed 75%; with the balance consisting of office or retail. [Ord. 2010-005] b. IND OR EDC FLU Flex space located
on parcels with an IND FLU shall be permitted to have the following mix of uses: a maximum of 30% retail, with the balance consisting of industrial. [Ord. 2010-005] [Ord. 2017-007]
c. Parking and Loading Requirements 1) CH-FLU Parking shall be calculated at the rate of 3 spaces per 1000 square feet of floor area. [Ord. 2010-005] 2) IND-FLU Parking shall be calculated
at the rate of 2.5 spaces per 1000 square feet of floor area. [Ord. 2010-005] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards
45 of 110 3) Reserve Parking or Parking Covenant a) Additional parking shall be reserved on site in the event that the flex space is converted back to regular commercial or industrial
use, the minimum requirements based upon the proposed use as indicated in Table 6.A.1.B – Minimum Off-Street Parking and Loading Requirements; or, [Ord. 2010-005] b) A restrictive
parking covenant informing current and future owners of the required parking requirements for the uses. If the flex space is converted at a future date the site must comply with the
minimum parking requirements based upon the use as indicated in Table 6.A.1.B – Minimum Off-Street Parking and Loading Requirements prior to final DRO or Building Permit approval, whichever
is applicable. In the event the onsite parking is not sufficient for the proposed use or parking spaces cannot be accommodated on the site, the owner shall be limited to uses that
generate parking consistent with existing parking. The covenant shall be submitted to the Zoning Division for County Attorney review and approval at the time of final DRO or building
permit application. The approved covenant shall be recorded in the Clerk of Circuit Courts of PBC, and a copy of the approved and recorded covenant shall be submitted to the Zoning
Division prior to issuance of a building permit. [Ord. 2010-005] d. Thresholds Proposed flex space uses shall comply with the established review thresholds pursuant to Table 4.A.3.A
– Thresholds for Projects Requiring DRO Approval, and Table 4.A.3.A – Thresholds for Projects Requiring Board of County Commissioner Approval. [Ord. 2010-005] 3. Uses Allowed The uses
indicated in the table below, may utilize flex space provisions pursuant to the applicable approval process indicated in Review Process above. [Ord. 2017-007] Table 5.B.1.C - Uses
Allowed as Flex Space Component Commercial Use Industrial Uses Retail Sales (1) Contractor Storage Yard (2) Manufacturing and Processing (2) Warehouse (2) Wholesaling (2) [Ord. 2017-007]
(1) Flex space use to be allowed in IND or EDC FLU designation subject to DRO Approval. (2) Flex space use to be allowed in CH FLU designation subject to Class A Conditional Use approval.
CHAPTER C DESIGN STANDARDS Section 1 Architectural Guidelines A. Purpose and Intent The purpose of these guidelines is to encourage development to contribute to PBC as a unique place
by enhancing the built environment. These guidelines are intended to ensure that new development and redevelopment will be compatible with the surrounding area and enhance the appearance
of the local community. B. Threshold This Chapter shall apply to the following projects, buildings and related signs: 1. General a. All nonresidential projects or buildings requiring
approval by the BCC or ZC; [Ord. 2006-036] b. All nonresidential projects or buildings requiring approval by the DRO in accordance with the use matrices in Art. 4, Use Regulations,
and Table 3.D.1.A, Property Development Regulations, or those exceeding the thresholds in Table 4.A.9.A, Thresholds for Projects Requiring DRO Approval; [Ord. 2006-036] [Ord. 2017-007]
c. Multi-family buildings with more than 16 units or three or more stories; [Ord. 2006-036] [Ord. 2009-040] [Ord. 2010-005] d. Substantial renovations of existing built projects or
buildings meeting the threshold of this Chapter; and [Ord. 2006-036] e. The following uses, regardless of building size: [Ord. 2006-036] 1) Heavy or Light Repair and Maintenance; [Ord.
2006-036] [Ord. 2012-027] [Ord. 2017-007] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 46 of 110 2) Retail Sales for automotive
parts and accessories; [Ord. 2006-036] [Ord. 2012-027] [Ord. 2017-007] 3) Type 1 restaurants with drive through requesting location criteria exception pursuant to Art.4.B.2.C.33, Restaurant,
Type 1; and, [Ord. 2012-027] [Ord. 2017-007] 4) Type 3 CLF. [Ord. 2017-007] 2. Mixed Use Mixed use development that includes a combination of residential and one or more non-residential
uses that do not trip the thresholds listed above, shall comply with the following guidelines to ensure the project is vertically or functionally integrated: [Ord. 2006-036] a. Art.
5.C.1.H.1.a, General; [Ord. 2006-036] b. Art. 5.C.1.H.1.d, Entries [Ord. 2006-036] c. Art. 5.C.1.I.3.d, Pedestrian Amenities; and, [Ord. 2006-036] d. Art. 5.C.1.I.3.b.4), Covered
Walkways. [Ord. 2006-036] 3. Any mixed use project in the WCRAO. [Ord. 2006-004] C. Exemptions 1. Agricultural or industrial buildings not visible from a public street or residential
zoning district. 2. Buildings which are exempt from local building permits or government review pursuant to State of Florida or Federal Statutes. 3. Recreational buildings and accessory
structures within a PUD or a standard zoning district. [Ord. 2009-040]. 4. Primary and secondary building frontages within a TMD, and buildings in the NRM, NG and NC Subareas of the
WCRAO that have a side setback of less than 15 feet, shall be exempt from the requirements of Art. 5.C.1.H.1.c.1).a), Recesses/Projections. [Ord. 2005-041] [Ord. 2006-004] 5. Palm
Beach County Water Utility Facilities which are not visible from a public street or residential zoning district or are limited access, high security facilities not open to the general
public. [Ord. 2007-013] 6. All of the uses/features (except for parapet screening of mechanical equipment noted in the height exceptions in Art.3.D.1.E.4.a, are also exempt from architectural
requirements. These uses/features include: [Ord. 2007-013] a. Tanks; [Ord. 2007-013] b. Water towers; [Ord. 2007-013] c. Cooling towers; [Ord. 2007-013] d. Miscellaneous, unoccupied
utility support structures of 1,000 SF or less (proposed addition to list). [Ord. 2007-013] D. Effect 1. Effect on Prior BCC and ZC Approvals These guidelines shall apply to all previously
approved projects as a BCC or ZC condition of approval as part of a DOA or Status Report. Previously approved architectural conditions of approval shall remain in full effect unless
amended by the BCC or ZC. Non-residential projects previously approved by the BCC or ZC shall comply with Art. 5.C.1.H.1.a, General. [Ord.2006-004] 2. Effect on Prior DRO Approvals
These guidelines shall not apply to projects or buildings which have a previously approved site plan by the DRO, unless within a PDD or for any use specifically identified within Art.
4.B, Use Classification. Non-residential projects previously approved by the DRO or ZC shall comply with Art. 5.C.1.H.1.a, General. [Ord. 2006-004] 3. Effect on Other Regulations These
guidelines shall supplement architectural requirements of an Overlay District, Neighborhood Plan, or other applicable regulations. In case of a conflict, the more strict regulation
shall apply. E. Review Process PZB shall review all applicable buildings for compliance with this Chapter during the building permit or zoning review process, and provide a written
determination of compliance with the requirements of this Chapter. An application submitted for any type of review process listed below may apply for Type 2 Waiver for a Unique Structure
designation or Type 2 Variance, pursuant to Art. 2.B.7., Types of Applications: [Ord. 2009-040] [Ord. 2017-007] 1. Methods An applicant or PBC may request review for compliance with
this Chapter in accordance with any one of the following methods: [Ord. 2005 – 002] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards
47 of 110 a. Type 1 - Projects Requiring BCC Approval A request for a determination of compliance with the requirements of this Chapter may be submitted with the application. A
written determination of compliance with this Chapter shall be made in the staff report containing the recommendation for the development order. The request for a determination shall
be submitted no less than 30 days prior to the public hearing. [Ord. 2005-002] [Ord. 2009-040] b. Type 2 - Projects Requiring ZC Approval A request for a determination of compliance
with the requirements of this Chapter may be submitted with the ZC application. A written determination of compliance with this Chapter shall be made in the staff report containing
the recommendation for the development order. The request for a determination shall be submitted no less than 30 days prior to the ZC public hearing. [Ord. 2009-040] c. Type 3 - Projects
Requiring DRO or Site Plan Approval A request for a determination of compliance with the requirements of this Chapter may be submitted with the original DRO or site plan approval application.
A written determination of compliance with this Chapter shall be made in the comment letter regarding the development order for the project. The request for a determination shall be
included in the initial DRO application. [Ord. 2009-040] d. Type 4 - Projects Requiring Building Permit Approval Buildings requiring a building permit only shall be reviewed for compliance
through the standard building permit review process. The request for a determination shall be submitted prior to or concurrent with the building permit application. [Ord. 2009-040]
2. Unique Structure a. Purpose and Intent To recognize structures that comply with the definition in Art. 1.I.2.A, Unique Structure, that by the nature of their: scale, massing, proportion,
rhythm, style, harmony, order, balance, etc, warrant a special designation. PBC has diverse architectural styles in the various Tiers that are reflective of the historical evolution
of the community. The architecture guidelines were established to preserve and enhance those communities through common building design elements. The allowance for unique structures
will continue to foster preservation of key design elements while recognizing new and creative design and materials. An applicant may apply for Unique Structure designation pursuant
to Art. 2.B.7.D, Type 2 Waiver, for any of the types of review outlined in Art. 5.C.1.E, Review Process. A Unique Structure designation will require the applicant to clearly demonstrate
that by complying with the standard architectural guidelines in Art. 5.C.1.H, Guidelines, the overall design would be compromised. A structure classified as unique does not have to
apply for variances, but shall comply with the standards in Art. 2.B.7.D.4, Standards for a Unique Structure. The Unique Structure process shall not be requested if the applicant can
seek variances in Art. 2.B.7.E, Type 2 Variance. [Ord. 2009-040] [Ord. 2011-001] b. Applicability An applicant seeking a Unique Structure designation shall submit the request on forms
specified by the PBC official responsible for reviewing the application, pursuant to Art. 5.C.1.F, Application Requirements. [Ord. 2009-040] c. Review Process The Unique Structure
shall be reviewed pursuant to Section 5.C.1.E, Review Process and Art. 2.B.7.D.4, Standards for a Unique Structure. Staff shall review the request and prepare a Staff Report for approval,
approval with conditions or denial to the Zoning Commission. The Zoning Commission will make a finding and recommendation to the BCC that the request is consistent with the required
Standards. The BCC shall make the final decision to approve, approve with conditions or deny the designation of Unique Structure. [Ord. 2009-040] 3. Type 1 Waiver - Green Architecture
a. Purpose and Intent To encourage and promote the design and construction of green architecture. This Section provides for Type 1 Waivers from the architecture design guidelines,
provided the applicant can achieve the minimum points necessary to be classified as Green Architecture. In order to design sustainable architecture, certain allowances for Type 1 Waivers
in Art. 5.C.1.H, Guidelines, need to be recognized and allowed if minimum standards are met. The provisions in Table 5.C.1.E, Green Architecture Designation Rating Program, provide
alternative design solutions to achieve green architecture while still complying with the general intent of the architecture guidelines. [Ord. 2009-040] [Ord. 2012-027] Unified Land
Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 48 of 110 b. Applicability An applicant proposing to utilize the Green Building Architecture
waiver provisions for the construction of new or structurally renovated buildings shall be required to comply with the following: [Ord. 2009-040] 1) Submit an application as required
in Art. 5.C.1.F, Application Requirements, [Ord. 2009-040] 2) Comply with the review process outlined below in Art. 5.C.1.E.3.c, [Ord. 2009-040] 3) Comply with the requirements outlined
in Table 5.C.1.E, Green Architecture Designation Rating Program. [Ord. 2009-040] c. Review Process The Green Architecture designation application shall be reviewed and approved, approved
with conditions, or denied in conjunction with one of the review processes outlined in Art. 5.C.1.E, Review Process. The registered architect shall complete the required Zoning application,
which will require compliance with the Green Architecture Designation Rating Program, Table 5.C.1.E. [Ord. 2009-040] [Ord. 2011-016] 1) Calculating Points The registered architect
shall be responsible for calculating the total points obtained for requirements listed in Table 5.C.1.E. Any requirement that does not have specific qualitative and or quantitative
measurements the registered architect shall refer to the USGBC Green Building Council rating system to determine acceptable national measurements. In order for the Zoning Director
to grant the Green Architecture designation, the applicant shall obtain a minimum of 30 out of a total of 50 points from Table 5.C.1.E. The applicant may choose one or any combination
of these categories to achieve the minimum 30 point requirement. If a minimum of 30 points cannot be achieved, then the architecture shall comply with Art. 5.C.1.H. The registered
architect of the building shall be required to monitor the building construction until final Certificate of Occupancy to ensure compliance with the Green Architecture approval. [Ord.
2009-040] (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 49 of 110 Table 5.C.1.E
- Green Architecture Designation Rating Program Requirements Allocated Points Total Points Roof Configuration 12 * Flat planted green roof for cooling and storm water management on
a minimum of 50 percent of the roof area 2 * 30 percent of the gross area of the roof surface is planted with vegetative plants 2 * Roof that incorporates clear story glazing, solar
tubes and or light wells 1 * Roof that incorporates energy strategies (photovoltaic solar panels, solar thermal panels for hot water) and specific slopes related to the suns solar
path thru the sky 1 * Roof that incorporates thermal chimneys as passive cooling devices 1 * Roof that is designed to harvest rain water for non potable uses 1 * Roof materials that
are highly reflective (light colored standing seam metal; white single membrane for flat roofs and green planted roofs) 2 * Roof materials that have a Solar Reflectance Index of 78
for low-sloped roof and 29 for steep-sloped roof for a minimum of 75 percent of the roof surface (refer to the USGBC for roof type, slope and reflectance/emittance information) 2 Facade,
Exterior Treatment, Fenestration Details, Entries and Color 33 Facade * The building exterior design treatments vary based on the orientation related to the sun (south facade might
have an expanse of glazing and shading devices and light shelves; east and west facade have a limited surface area with a small amount of glazing area; north facade opens to allow the
cool north daylight to enter the facility) 5 * Building form takes on natural shapes that relate to the solar system 5 Exterior Treatment * The building shape, form and orientation
take advantage of the suns path across the sky (innovative building forms inspired by nature, building forms are shaped to harvest daylight, building forms are shaped to harvest solar
energy from photovoltaic panels for the generation of electric and heat energy for solar water systems) 5 * The following typical architectural features or details such as: windows,
awnings, covered arcades, sills, shutters, relief’s trims, columns, pilasters, quoins, reveals, cornices, horizontal banding, arches, decorative vents, and/or accent tile, shall be
integrated into the facade to avoid blank walls. N/A Fenestration Details * Achieve a minimum glazing factor of 2 percent in a minimum of 75 percent of all regularly occupied areas
4 * The building has an expanse of glazing and permanent shading devices and light shelves to harvest daylight 4 * The use of high performance glazing and/or automatic photocell-based
controls 4 Entries * All public entries are easily identifiable and integrated into the building architecture N/A * Each freestanding principal structure does have a minimum of
one clearly defined primary public entrance feature and does incorporate a minimum of one primary entry feature design element such as: canopies, porte-cochere, or porticos; wall recess
or projection a minimum of 12 inches in depth; covered arcades, a minimum of eight feet clear in width; peaked roof forms; arches, columns or pilasters N/A * A minimum of one secondary
decorative treatment has been provided such as: overhangs, cornices, and eaves; decorative moldings or trims around windows and doors; covered public outdoor patio or plaza incorporated
with entry area which are not part of a tenant space; special pavers, bricks, decorative concrete, or other similar pavement treatment; architectural details, such as tile work or moldings.
N/A Color * Specialty coatings such as: radiation control and anti-corrosive paint 3 * The use of light colored reflective paint 3 Recycled Materials 5 * Minimum of 50 percent
of non-hazardous building construction materials, components and demolition debris is reused, recycled or salvaged 2.5 * Minimum of 5 percent of the sum, based on cost of the total
value of building materials, with recycled content are used and permanently installed. Mechanical, electrical and plumbing components and specialty items 2.5 Note: N/A No points are
allocated for these requirements. If the registered architect can demonstrate these Code requirements, if applied would conflict with Green Architecture, waivers may be granted. [Ord.
2009-040] d. Appeals If the application is denied, the applicant may appeal the decision to the Zoning Commission in compliance with the standards of Art. 2.C.5.E, Type 1 Waiver.
[Ord. 2011-016] [Ord. 2012-027] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 50 of 110 4. Administrative Amendments by DRO
Minor amendments to BCC or ZC approved architectural elevations pursuant to Review Types 1 and 2 may be approved by the Zoning Director provided the changes do not reduce compatibility
with surrounding properties. Changes shall be limited to the following: [Ord. 2009-040] a. A maximum increase of 25 percent or ten feet in overall building height, from finished
grade to highest point, whichever is less; b. Modifications to the architectural composition which are equal to or enhance the approved elevation; and, c. Modifications to ensure consistency
with this Chapter. F. Application Requirements The application form and requirements for Architecture Review, including Unique Structure and Green Architecture shall be submitted on
forms specified by the PBC official responsible for reviewing the application. All application documents shall be consistent with the Technical Manual. [Ord. 2009-040] G. Visual
Impact Analysis A visual impact analysis shall be submitted with the chosen method of review only for projects or buildings which are contiguous to a public street or to a residentially
zoned property. The visual impact analysis shall be prepared and certified by a design professional and include: 1. Environmental Assessment An assessment of the natural and man-made
environments surrounding the proposed building utilizing a minimum of four views taken from the subject property of all contiguous public streets and/or residentially zoned properties
and one aerial photograph with the proposed building superimposed on the site. 2. Line of Sight Analysis A line of sight analysis of the proposed building in relation to the surrounding
area. This may be accomplished by submitting a two-dimensional cross section(s) of the site showing the proposed building elevations in relation to contiguous public R-O-W’s and residentially
zoned properties. 3. Prevalent Theme A written description by the design professional of the prevalent architectural character of the surrounding area, or desirable architectural character,
if no prevalent architectural character exists. If a prevalent architectural character does not exist, the use of architectural styles such as Spanish Eclectic, Mediterranean Revival,
Florida Vernacular, or Bermuda/Island is encouraged. 4. Architectural Compliance Statement A written description by the qualified design professional that the visual impact analysis
indicates that the architectural composition of the proposed project or building creates focal points in scale with the pedestrian environment, and complements or enhances existing
structures in the surrounding area. H. Guidelines 1. Nonresidential Design Elements The following guidelines shall apply to all nonresidential projects or buildings that meet the threshold
in Art. 5.C.1.B, and are not exempt in Art. 5.C.1.C,: [Ord. 2005 – 002] a. General An overall unified architectural character and image shall be created by the use of common elements
such as consistent forms, colors, materials, and details. Similar, but not identical, architectural treatment between pods within a multi-pod project may be permitted to allow diversity
within the project. 1) Similar architectural composition and treatment shall be provided on all sides of each building contiguous to or visible from a public street or residential zoning
district. [Ord. 2009-040] 2) Out parcels and accessory buildings within a project shall be constructed of compatible materials, color, and character as the principal building. b.
Roofline The roofline along each elevation shall incorporate a minimum of one design feature each from Table 5.C.1.H, Primary Roof Design Element, and Table 5.C.1.H, Secondary Roof
Treatment, below. The same features are not required on each elevation: (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article
5 - Supplementary Standards 51 of 110 Table 5.C.1.H - Primary Roof Design Element a. Articulated parapet along 30 percent of the roof line for each elevation (1), (2) b. Pitched
roof with minimum 12 inch overhanging eaves c. Two or more plane breaks or slopes per facade elevation d. Any combination of the above Notes: 1. Parapet length used as part of wall
signage shall not be counted as articulation. 2. Maximum spacing between articulation = 100 feet. Spacing may vary for recognized architectural styles such as Art Deco, which cannot
comply with this requirement. Table 5.C.1.H - Secondary Roof Treatment a. Decorative roof details, such as dormers, cupolas, rafter tails, balconies, terraces, or exposed beams b.
Cornices with decorative moldings c. Pediments, porticos, architectural features at entryways, or decorative towers c. Facade The front, side, and rear facades, if contiguous to a
public street or residential zoning district of every building, shall incorporate recesses, projections, and architectural elements such as columns, arches, etc., as provided below:
1) Required Design Elements All applicable facades, unless exempted above, shall meet the following standards: a) Recesses/Projections Facades greater than 50 feet in length shall
incorporate recesses and projections a minimum of 12 inches in depth along a minimum of 20 percent of the total length of the facade. The recesses or projections shall be distributed
along the facade with a maximum spacing of 100 feet between each recess or projection. Facades with four or more bay doors may exclude the combined length of the bay doors from the
total facade length. b) Walls Blank walls shall not exceed ten feet in height or 20 feet in length. Control and expansion joints shall constitute a blank wall, unless used in a decorative
pattern with varied materials or textures and spaced a maximum of ten feet on center. Relief and reveal depth shall be a minimum of three quarters of an inch. c) Storefronts Individual
ground-level retail uses with exterior public access that are part of a larger freestanding building, other than regional commercial facilities, shall have display windows along a minimum
of 20 percent of the facade length. Windows shall be defined with details such as frames, sills, shutters, planters, relief trims, or lintels. Storefront design, relief features, and
decorative treatments shall complement contiguous storefronts. 2) Additional Design Elements In addition to Art. 5.C.1.H.1.c.1, Required Design Elements, the front and side facades
shall include a minimum of one of the following design elements: a) Exterior Treatment The exterior treatment of the front elevation shall consist of a minimum of two different building
materials, textures, or finishes at a ratio of a maximum of 80 percent for the primary treatment and a minimum of 20 percent for the secondary treatment. Exterior finishes such as
stucco, brick, wood, coquina, or cut stone are encouraged. The surfaces of multiple exterior storefronts within a building, except regional commercial facilities, shall compliment contiguous
storefronts. b) Fenestration Details Architectural features or details such as, windows, awnings, covered arcades, sills, shutters, reliefs, trims, columns, pilasters, quoins, reveals,
cornices, horizontal banding, arches, decorative vents, and/or accent tile, shall be integrated into the facade to avoid the appearance of a blank wall and shall be provided along a
minimum of 60 percent of the facade length of the front, side and rear facades if contiguous to a public street or residential zoning district. Unified Land Development Code Supplement
No. 24 (Printed 10/18) Article 5 - Supplementary Standards 52 of 110 d. Entries All public entries shall be easily identifiable and integrated into the building architecture. Each
freestanding principal structure shall have a minimum of one clearly defined primary public entrance feature. The primary entrance shall incorporate a minimum of one design element
each from Table 5.C.1.H, Primary Entry Feature Design Element, and Table 5.C.1.H, Secondary Decorative Treatment, below: Table 5.C.1.H - Primary Entry Feature Design Element a. Canopies,
porte-cochere, or porticos b. Wall recess or projection a minimum of 12 inches in depth c. Covered arcades, a minimum of eight feet clear in width d. Peaked roof forms e. Arches, columns
or pilasters Table 5.C.1.H - Secondary Decorative Treatment a. Overhangs, cornices, and eaves b. Decorative moldings or trims around windows and doors c. Covered public outdoor patio
or plaza incorporated with entry area which are not part of a tenant space d. Special pavers, bricks, decorative concrete, or other similar pavement treatment e. Architectural details,
such as tile work or moldings e. Color Color shall be considered to achieve architectural compatibility with architecture in the surrounding area and to complement structures within
a development. [Ord. 2009-040] f. Design Elements Subject to ZC or BCC Approval The following elements are prohibited, unless approved by the ZC or BCC pursuant to the review process
of this Chapter: 1) structures which are of symbolic design for the purpose of advertising; 2) high intensity, metallic, neon, or fluorescent colors; 3) neon tubing, fiber optics or
similar lighting, excluding those used for signage; 4) high gloss vinyl and plastic awnings; 5) awnings with horizontal ribbing, flowered or similarly patterned designs; 6) unpainted
or plain/unfinished exterior facades, excluding galvalume and galvanized steel roof; and 7) smooth-faced, painted, concrete masonry block. g. Rural Design Elements The following standards
shall also apply to nonresidential projects, buildings, and signs in the Rural and Exurban Tiers. 1) Roof The roofline along each elevation shall incorporate a minimum of one design
feature each from Table 5.C.1.H, Roof Design Element, and Table 5.C.1.H, Decorative Roof Treatment below. The same features are not required on each elevation. [Ord. 2018-002] Table
5.C.1.H – Rural Roof Design Element 1. Articulated roofline for each 200 linear feet with pitched roof (e.g. hip-on-deck, hip, gable, gambrel, or a combination of them) along a minimum
of 70% of the length of the façade, and, a minimum 12 inch overhanging eave; or, 2. Full pitched roof (e.g. hip, gable, gambrel, etc.) with two or more plane breaks or slopes; or 3.
Combination of items 1 and 2 above. [Ord. 2018-002] Table 5.C.1.H – Rural Decorative Roof Treatment 1. Decorative roof details such as dormers, cupolas, rafter tails, balconies, terraces,
or exposed beams; 2. Cornices with decorative moldings; or 3. Pediments, porticos, or architectural features at entryways, or decorative towers. [Ord. 2018-002] Unified Land Development
Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 53 of 110 a) Material Roof materials shall be limited to standing seam metal, corrugated, or 5V crimp
made of copper, terne-coated stainless steel, galvalume or galvanized steel, slate, dimensional or architectural wood shingles, or metal shingles. 2) Exterior Building Finishes Exterior
building and sign finishes shall be limited to: a) vinyl, lap cedar or hard textured concrete siding with rough or smooth horizontal planks, six inch lap siding, shingles or vertical
board and batten; b) brick or brick veneer; c) stone; d) textured stucco; and e) split face, pre-formed, or textured masonry block. 3) Facades a) Single Story Buildings A minimum of
three of the following architectural details or other similar treatment shall be integrated into all applicable single story building facades to avoid the appearance of a blank wall:
(1) columns or pilasters; (2) decorative cornices; (3) horizontal banding; (4) arches; (5) decorative vents or louvers; (6) moldings and trims; (7) decorative shutters; and (8) bay
windows. b) Multi-Story Buildings In addition to the required architectural details above, multi-story buildings shall also have breaks such as a canopy, balcony, overhang, or other
horizontal projections. 4) Porches and Entryways All buildings shall have prominent entryways with well-defined porches and railings. Porches shall be provided along the entire front
facades, and 50 percent of the side or rear facades if contiguous to a public street or residential zoning district. The design of a porch may be interrupted by required exits, paved
pedestrian entrances, loading areas, and shall include the following: [Ord. 2018-002] a) Width Porches shall have a minimum clear, unobstructed width of eight feet. b) Railings and
Posts Porches shall incorporate decorative railings with posts at a maximum of 12 feet on center along the entire length, excluding pedestrian access points. 5) Windows and Doors All
windows and doors shall have architectural details such as panels, transoms, crossbucks, shutters, decorative trims, or moldings. All glass areas shall appear to be multi-paned. 2.
Multi-Family Design Elements In addition to the guidelines for non-residential projects, multi-family projects shall adhere to the following guidelines: [Ord. 2010-005] a. Master Elevations
Master elevation approvals may be reused within a project, provided the master elevation complies with Art. 5.C.1.G, Visual Impact Analysis, for each location in which that elevation
is used. b. Balconies and Patios Individual balconies and/or patios shall be provided for a minimum of 20 percent of the total number of units within each building. I. Large Scale
Commercial Development Large Scale Commercial Development shall be defined as any large single tenant retail use, with or without accessory tenants, in a single building, between 65,000
and 200,000 gross square feet. These regulations shall apply to all new developments and developments meeting the requirements of Art. 5.C.1.D, Effect. [Ord. 2005 – 002] Unified
Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 54 of 110 1. Single Tenant Limit Variances from these requirements shall be prohibited.
[Ord. 2005 – 002] [Ord. 2011-001] a. CL FLU The maximum building size for a single tenant shall be less than 65,000 gross square feet except as follows: [Ord. 2005-002] [Ord. 2013-001]
[Ord. 2017-025] 1) The commercial development of the parcel located at the northwest corner of Southern Boulevard and Seminole Pratt Whitney Road and identified in the legal description
in Ordinance 2010-030 (LGA 2010-012); and, [Ord. 2005-002] [Ord. 2013-001] [Ord. 2017025] 2) Sites approved under Ordinances 2008-048 and 2009-028 as an LCC in the Urban/Suburban Tier
are allowed to have up to a maximum of 100,000 square feet. [Ord. 2017-025] b. CH FLU The maximum building size for a single tenant shall be 200,000 gross square feet. [Ord. 2005 –
002] 1) Exception An additional 10,000 square feet shall be permitted, for a total of 210,000 gross square feet, subject to Class A Conditional Use approval and the following requirements:
[Ord. 2005 – 002] [Ord. 2018-002] a) Perimeter landscaping buffer widths and plant material required by Art. 7.C, Landscape Buffer and Interior Landscaping, shall be increased by twenty
percent. [Ord. 2005 – 002] b) One additional pedestrian amenity shall be required in addition to the requirements of Art. 5.C.1.I.3.d, Pedestrian Amenities. [Ord. 2005 – 002] c) A
minimum of 50 percent of the walkways required by Art. 5.C.1.I.3.d.2), shall be covered, providing overhead shelter from the elements. Covered areas shall be evenly distributed between
the furthest parking stalls and public entrances. [Ord. 2005 – 002] d) A maximum of two out-parcels shall be permitted, subject to the following: [Ord. 2005 – 002] (1) Walkways consistent
with those required by Art. 5.C.1.I.3.d.2, shall be provided to both outparcels from a public entrance for any single tenant having greater than 200,000 gross square feet. [Ord. 2005
– 002] (2) Building square footage for convenience stores with gas sales and/or auto service stations shall be deducted from the additional 10,000 square feet permitted under this exception.
[Ord. 2005 – 002] If the project is to be phased, all of the above improvements shall be installed in the first phase. [Ord. 2005 – 002] 2. Facade Orientation For the purposes of
this section, facade orientation shall be defined as follows: [Ord. 2005 – 002] a. Front facade: The wall of a building containing the principal public entrance. The front façade
is generally located parallel with and facing the principal parking area for the building. [Ord. 2005 – 002] b. Side A facade: The wall of a building containing a secondary public
entrance. The Side A façade is generally located parallel with and facing secondary parking area for the building. [Ord. 2005 – 002] c. Side B facade: Any side building façade
not having a secondary public entrance. [Ord. 2005 – 002] d. Rear facade: The rear wall of a building generally opposite the front facade. [Ord. 2005 – 002] 3. Single Tenants 65,000
Gross Square Feet or More Developments with single tenants occupying 65,000 gross square feet or more shall be subject to the requirements of Table 5.C.1.I-13, Large Scale Commercial
Development. [Ord. 2005 – 002] (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 55
of 110 Table 5.C.1.I - Large Scale Commercial Development Facade Requirements Front Side A (1) Side B Rear Roofline - Parapet Articulation 5 feet 5 feet 2.5 feet (2) 2.5 feet (2)
Facade - Recesses and Projections (3) Option 1: 15 foot depth for 20%; or Option 2: 15 foot depth for 15%, and 5 foot depth for15% 10 foot depth for 20% (2) 5 foot depth for 20% (2)
5 foot depth for 20% Fenestration Details - Windows (3) 1.6 sf per lf of facade 0.8 sf per lf of facade Not Required Not Required Exterior Treatment - Use of Building Materials Minimum
of 2 types – 70%/30% ratio Covered Walkways/Arcades 70% 30% Not Required Not Required Location of Required Parking 75% maximum 25% minimum side and/or rear (6) Foundation Planting %
of Facade Length (4) Min. 50% Min. 50% Min. 50% Min. 20% Width of Foundation Plantings (5) 50% of facade height 50% of facade height 12 feet 12 feet Perimeter Buffers Perimeter buffers
shall be in accordance with Art. 7.C.7, Large Scale Commercial Development [Ord. 2005 – 002] Notes: 1. Any side or rear facade with a secondary public entrance shall meet the requirements
of Side A above. 2. Front facade requirements shall be used for any façade that is oriented towards a street. 3. Percentage as a total length of façade. 4. The percentage length shall
be in accordance with Table 5.C.1.I-12, Large Scale Commercial Development, or Table 7.C.3-1, Minimum Tier Requirements, whichever is greater. 5. Minimum width: 12 feet. 6. A minimum
of 15 percent of the parking shall be located immediately fronting a Side A entrance. [Ord. 2005 – 002] a. Roofline 1) Parapet Articulation a) Articulation in parapet shall be
required with a minimum of five feet for front and side A facades, and any façade oriented towards a street; and, two and one half feet for side B and rear facades. [Ord. 2005 – 002]
b) A Parapet return is required with a length equal to or exceeding the required parapet articulation. [Ord. 2005 – 002] b. Facade 1) Recesses/Projections Facades greater than 100
feet in length shall incorporate recesses and projections along the total length of the façade, in accordance with Table 5.C.1.I-13, Large Scale Commercial Development. Required recesses
and projections shall be distributed along the façade with a maximum spacing of 150 feet. Recesses and projections shall be from finished grade to roofline. [Ord. 2005 - 002] 2)
Fenestration Details a) Windows Windows shall be provided in accordance with Table 5.C.1.I-13, Large Scale Commercial Development. [Ord. 2005 – 002] (1) A minimum of 70 percent of
windows on front and side A façades shall be transparent, or window box displaying only merchandise. The remaining 30 percent may be non-transparent. [Ord. 2005 – 002] (2) Windows
shall be at pedestrian scale. [Ord. 2005 – 002] 3) Exterior Treatment a) A minimum of two different types of building materials shall be used, with a 70 percent-30 percent ratio. A
change in stucco or use of windows will not count toward meeting this requirement. [Ord. 2005 – 002] b) Exposed gutters or rain leaders are permitted if decorative in nature. [Ord.
2005 – 002] 4) Covered Walkways a) Facades with a public entrance shall provide covered walkways along a minimum of 70 percent of the overall length of the front façade, and 30 percent
of the overall length of side A facades. [Ord. 2005 - 002] b) Covered walkways shall be a minimum of 10 feet in width, unobstructed, with appropriately spaced columns and pitched roofs.
[Ord. 2005 - 002] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 56 of 110 c. Public Entrances 1) A minimum of one public
entrance shall be provided along the front façade. [Ord. 2005 – 002] 2) One additional secondary public entrance shall be provided on a side façade, subject to the following: [Ord.
2005 – 002] a) The secondary entrance shall be accessible to the public during the same business hours as the primary entrance, or from 10 a.m. to 6 p.m., whichever is less. [Ord.
2005 – 002] b) Secondary public entrances shall be located a minimum distance of 25 percent of the length of the side A façade, from the corner of the front facade. [Ord. 2005 – 002]
d. Pedestrian Amenities 1) One public amenity shall be provided for every 50,000 square feet, or fraction thereof, including but not limited to public art; (not depicting any advertising);
fountains (of at least eight feet in height, 16 feet diameter; pergolas; bell or clock tower; and public seating areas (not in conjunction with a restaurant). Required pedestrian amenities
shall be a minimum of 800 square feet and 25 feet in width. [Ord. 2005 – 002] 2) A minimum of two pedestrian pathways a minimum of ten feet in width leading from the furthest parking
spaces to public entrances shall be required. These pathways shall incorporate the use of decorative pavement, trellises, seating, pergolas, arbors, gazebos and landscaping. [Ord.
2005 – 002] J. Appeal 1. Non-Judicial Remedies Any applicant aggrieved by an administrative interpretation or decision regarding this Chapter who wishes to appeal the interpretation
or decision shall file an appeal to the ZC and follow the appeal procedures established in Art.2.C.5.E, Type 1 Waiver. [Ord. 2005 – 002] [Ord. 2011-016] [Ord. 2012-027] 2. Exhaustion
of Non-Judicial Remedies Any applicant, the Executive Director of PZB, the BCC member representing the district in which the project or building is to be located, aggrieved by a decision
of the ZC regarding an interpretation or decision regarding this shall, within 30 calendar days from the date a decision by the ZC is rendered, file an appeal to the BCC. [Ord. 2005-002]
[Ord. 2011-016] CHAPTER D PARKS & RECREATION – RULES AND RECREATION STANDARDS Section 1 General The Director of Parks and Recreations shall be responsible for implementing, applying,
interpreting, and modifying the standards of Art. 5.D, Parks and Recreation - Rules and Recreation Standards. A. Purpose and Intent The purpose and intent of this Chapter is to ensure
the provision of parks, on-site recreation areas, and facilities in proportion to the demand created by development. By requiring such facilities, it is the intent of this Section to
ensure the provision of functionally adequate, aesthetically pleasing and safe park and recreation areas. The specific objectives of this Chapter are as follows: 1. Establish recreational
standards for the development of land within unincorporated PBC; 2. Aid in the coordination of land development in PBC in accordance with orderly physical patterns; 3. Provide public
and private park and recreation areas in accordance with the objectives of the Recreation Open Space Element of the Plan; and 4. Ensure that necessary recreational improvements will
be provided for residents concurrent with residential development. B. Applicability The standards of this Chapter shall apply to all development in unincorporated PBC, or existing
development that is modified to the extent that it includes residential uses or site design changes or features that were not specifically shown on the previously approved plans. All
recreation areas established by this Chapter shall be continuously maintained according to the standards of this Chapter. (This space intentionally left blank) Unified Land Development
Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 57 of 110 Section 2 Types of Parks A. Countywide Parks and Preservation/Conservation Areas 1. Countywide
Parks The PBC Parks and Recreation Department supplies a countywide system of public park and recreational facilities for which Level of Service (LOS) standards are established in the
Recreation and Open Space Element of the Plan. For purposes of park concurrency, Regional, Beach and District Park LOS are established and Park Impact Fees assessed on new residential
development to maintain the countywide park systems LOS concurrent with growth. The CIE is updated annually to include projects needed to meet countywide Comprehensive Plan LOS that
will be funded through the Parks and Recreational Department’s ongoing Capital Improvement Program. [Ord. 2006-004] 2. Countywide Park Impact Fees Park impact fees shall be assessed
according to the provisions of Art. 13.B, County District, Regional, and Beach Parks Impact Fee, as amended, to meet Countywide LOS needs for public regional beach, and district parks.
3. Reservations Where a planned countywide Beach, Regional, District park, or Preservation/Conservation area is shown in the Plan, and a proposed development application is located
in whole or part within the planned beach, regional, district park, or preservation/conservation area, such area shall be reserved for a period not to exceed two years during which
time PBC shall either acquire the land or release the reservation. The time period initiating the reservation shall commence with the filing of an application for development order.
B. Community and Neighborhood Park Recreation Standards 1. Required Recreational Areas All proposed residential development shall make adequate provisions for recreation areas to accommodate
the neighborhood and community park level recreational needs of the residents of the development. The recreation areas shall consist of a developed parcel of land that includes recreational
facilities of a type consistent with the needs of the residents. The recreation parcel shall be located so as to provide convenient and safe pedestrian access for the residents of the
development. The recreation area shall be reserved by the developer for the perpetual use of the residents of the development. The owner of the land or a property owner's association
and their successors in interest shall be responsible for the perpetual maintenance of the recreation area. 2. Calculation of Required Recreation The required recreation area shall
be the equivalent of two and one-half acres of developed land per 1,000 people population, based on the 2010 Census average Person Per Household (PPH) rate of 2.39 people per unit.
Development of recreational facilities shall be of a type suitable for general neighborhood or community park use. The dollar amount to be spent on recreational improvements per acre
shall be no less than 75 percent of PBC’s average cost per acre for developing community and neighborhood park type facilities as calculated by the Park and Recreation Department based
on the current PBC cost per acre to develop Community or Neighborhood park facilities. The minimum dollar amount to be spent on recreation facilities shall be determined by the Parks
and Recreation Department at the time of final site plan submission. [Ord. 2016-042] a. WCRAO The required recreation area shall be the equivalent of one and one quarter acres of developed
land per 1,000 people population, based on 2.39 people per unit. [Ord. 2008-037] 3. Approval Prior to DRO certification, projects proceeding to the public hearing process shall indicate
the character and location of the proposed recreation in the application for review and approval by the Park and Recreation Department. For projects requiring final site plan approval,
the proposed location and configuration of the recreation area(s) and the recreational improvements shall be indicated on the plan for review and approval by the Parks and Recreation
Department. 4. Reduction in Recreation Area Land Requirement The Parks and Recreation Department may allow reduction of the recreation land area requirement by not more than 25 percent
when other open space tracts are platted and made available to residents for recreational purpose and the combined value of the recreation facilities to be constructed and the resulting
reduced land area exceeds the total value of the recreation land area and facilities requirement of Art. 5.D.2.B.2, Calculation of Required Recreation, by a minimum of 25 percent. [Ord.
2006-004] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 58 of 110 5. Cash-Out Option At the option of the Parks and Recreation
Department, the developer may, in lieu of or in combination with Art. 5.D.2.B.2, Calculation of Required Recreation, contribute the dollar value of the total recreational area requirement
of this Chapter including land and improvements of this Chapter for the entire development at the time the first plat is submitted for recording. Land value shall be based on PBC’s
cost to acquire land for community or neighborhood parks at the time the first plat is submitted for recording, or on a PBC approved certified MSA appraisal of the average value of
the land in the development at the time of first plat. All such funds collected shall be held in a non-lapsing Park and Recreation Trust Fund for the acquisition and improvement of
community or neighborhood parks according to the provisions of Art. 5.D.2.B.6, Park and Recreation Trust Fund. a. WCRAO At the option of the Parks and Recreation Department, with a
positive recommendation from the WCRA, the developer may, in lieu of or in combination with Art. 5.D.2.B.2, Calculation of Required Recreation, contribute the dollar value of the total
recreational area requirement, or convey land of equal value within the WCRA targeted area to the County, as identified by the Parks and Recreation Department or the WCRA Plan, including
land and improvements for the entire development, or a portion thereof, at the time the first plat is submitted for recording or issuance of the first residential or mixed use building
permit. Land value shall be based on PBC's cost to acquire land for community or neighborhood parks at the time the first plat is submitted for recording, issuance of the first residential
or mixed use building permit or on a PBC approved certified MSA appraisal of the average value of the land in the development at the time of first plat or issuance of the first residential
or mixed use building permit. All such funds collected shall be held in a non-lapsing Park and Recreation Trust Fund for the acquisition and improvement of the WCRA community or neighborhood
parks according to the provisions of Art. 5.D.2.B.6, Park and Recreation Trust Fund. [Ord. 2008-037] 6. Park and Recreation Trust Fund Monies deposited by a developer pursuant to this
Chapter shall be expended within a reasonable period of time for the purpose of acquiring and/or developing land necessary to meet the need for neighborhood or community type recreational
facilities created by the development in order to provide a system of parks which will be available to and sufficiently benefit the residents of the development. Monies deposited by
a developer pursuant to this Chapter shall be expended to acquire and/or develop land for park purposes not farther than five miles from the perimeter of the development. 7. Other The
BCC shall establish an effective program for the acquisition of lands for the development of public parks in order to meet, within a reasonable period of time, the existing need for
public parks. The annual budget and capital improvement program of PBC shall provide for appropriation of funds as may be necessary to carry out PBC’s program for the acquisition and/or
development of land for public parks. The funds necessary to acquire lands to meet the existing need for PBC parks must be provided from a source of revenue other than from the amount
deposited in the Trust Fund. 8. Open Space Credit Where developed recreational facilities are provided within lands required or credited for other open space purposes pursuant to this
Code, (i.e., buffer areas, natural preserves, utility easements, R-OW, drainage, or water management tracts), only credit for the cost of approved facilities may be applied towards
the recreation area requirement of Art. 5.D.2.B.2, Calculation of Required Recreation, and only if the facilities are reserved for the use of the residents of the development. 9. Other
Credits Any parcel used to satisfy Parks and Recreation Standards shall meet the following requirements: [Ord. 2006-004] a. Minimum Parcel Size Minimum parcel size shall be 7,500 square
feet exclusive of above ground easements and landscape buffers. [Ord. 2006-004] [Ord. 2016-042] b. Minimum Parcel Width Minimum parcel width shall average 75 feet with no dimension
less than 50 feet. [Ord. 2006-004] c. Minimum Parcel Depth Minimum parcel depth shall average 100 feet with no dimension less than 75 feet. [Ord. 2006004] d. Waiver of Minimum Parcel
Dimensions The Parks and Recreation Department may reduce the minimum recreation parcel dimensions by not more than ten percent when considering location, abutting land uses, accessibility,
recreation Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 59 of 110 facilities to be offered and the parcels function in the
overall recreation and open space network of the development. [Ord. 2006-004] e. Underground Easements Underground easements are permitted in the recreation parcel with prior approval
by the Director of the Parks and Recreation Department, and as long as the utility of the recreation parcel is not adversely impacted. [Ord. 2016-042] f. Exceptions 1. CLFs may be exempt
from the minimum parcel size and minimum dimensions, with prior approval by the Director of the Parks & Recreation Department. [Ord. 2016-042] 2. CLF recreational requirements may be
satisfied using a combination of interior and exterior recreation areas, with prior approval by the Director of the Parks and Recreation Department. [Ord. 2016-042] C. Passive Park
See Art. 4.B.3.C.8, Park, Passive D. Public Park See Art. 4.B.3.C.9, Park, Public E. Infill Neighborhood Park See Art. 4.B.3.C.7, Park, Neighborhood Infill F. Phasing Any development
required to provide recreation shall follow one of the following phasing plans: 1. Single Phasing When the development is to be constructed in a single phase, or where each phase will
provide recreational facilities specifically for the residents of that phase, then the recreational site(s) for that phase shall be site planned, or platted, concurrent with that phase
of construction. No more than 40 percent of the building permits for residential units shall be issued for the phase until the recreational improvements have been completed in their
entirety and open for use and accessible to the residents, or unless a phasing plan for completion of the required recreation area is agreed to and approved by the Parks and Recreation
Department. [Ord. 2006-004] 2. Multiple Phasing When the development is to be constructed in multiple phases or plats and one or more required recreational site(s) is/are intended to
serve the residents of two or more phases of the development, then the following sequence shall be adhered to: a. The recreation site(s) shall be site planned concurrent with the site
plan for the first phase of residential development for which the recreational site will serve. b. The recreation site(s) shall be platted concurrent with the plat for the residential
development phase they will serve. No more than 40 percent of the building permits for residential units shall be issued for any phase until the recreational improvements have been
completed in their entirety and open for use and accessible to the residents, or unless a phasing plan for completion of the required recreation area is agreed to and approved by the
Parks and Recreation Department. [Ord. 2006-004] [Ord. 2016-042] 3. Multifamily and Congregate Living Facilities No more than 20 percent of the Certificates of Occupancy for the residential
units shall be issued for the phase until the recreational improvements have been completed in their entirety and open for use and accessible to the residents, or unless a phasing plan
for completion of the required recreation area is agreed to and approved by the Parks and Recreation Department. [Ord. 2016-042] G. Public Park Landscape Standards This section recognizes
that public parks require flexibility in landscape design to address unique natural and manmade resources that serve the public. Public park landscape standards are applicable in all
development Tiers and promote open views and vistas into natural landscapes, lakes, greenways, blueways, and open spaces for appreciation and benefit of the public. Deviations for publicly
owned and operated public parks from the landscaping requirements of Art. 7, Landscaping, are as follows: [Ord. 2006-004] [Ord. 2008-003] [Ord. 2011-001] 1. General Standards a. Minimum
Tree Quantities A minimum of one tree is required per 1,200 sq. ft. overall area, excluding lakes, natural areas and recreation areas. [Ord. 2006-004] [Ord. 2008-003] b. Minimum Shrub
Quantities A minimum of one shrub is required per 1,250 sq. ft. of impervious area, excluding lakes and wetlands. [Ord. 2006-004] [Ord. 2008-003] Unified Land Development Code Supplement
No. 24 (Printed 10/18) Article 5 - Supplementary Standards 60 of 110 c. Interior and Perimeter Buffer Trees A minimum of 75 percent of required trees shall be canopy trees. Palms
or pines may be counted as one canopy tree, not to exceed 25 percent of the total number of required trees. [Ord. 2006-004] d. Foundation Planting [Ord. 2006-004] 1) Exemption Open
air pavilions, bathrooms, scoreboxes, mechanical vaults, and similar park structures less than 2,000 sq. ft. are exempt from foundation planting requirements. [Ord. 2006-004] 2) Dimensions
Foundation planting shall be provided along a minimum of 50 percent of front and side facades, and the rear facade if oriented towards any public use area. Width shall be a minimum
of five feet along front and rear facades, where required, and eight feet along side facades. [Ord. 2006-004] 2. Perimeter Buffer Landscape Requirements a. R-O-W Buffers 1) Applicability
R-O-W buffers pursuant to Art. 7, Landscaping for public parks, open space, and golf courses, shall be exempt from the planting requirements of Table 7.C.2.A ROW Buffer Landscape Requirements.
Required R-O-W buffer trees may be planted in a natural pattern within and adjacent to the designated landscape buffer. [Ord. 2006-004] [Ord. 2008-037] 2) Required Plantings Where
parking lots, maintenance buildings and/or loading areas are located immediately adjacent to R-O-W buffers, the standards in Art. 5.D.2.G.2.a.1, shall not apply. Where shrubs plantings
are required, the minimum number of layers of shrubs indicated in Table 7.C.2.A, R-O-W Buffer Landscape Requirements may be reduced to two in all Tiers. [Ord. 2008-037] b. Compatibility
Buffer Compatibility buffers shall be a minimum of five feet in width. Public park uses adjacent to other public park open space and civic uses or pods shall be exempt from compatibility
buffer requirements. Required compatibility buffers shall be exempt from the shrub planting requirements of Table 7.C.2.B, Compatibility Buffer Landscape Requirements. Required trees
may be planted in a natural pattern within or adjacent to the designated landscape buffer. [Ord. 2006-004] [Ord. 2008-037] c. Incompatibility Buffer Incompatibility buffers shall be
a minimum of 15 feet in width. The minimum number of layers of shrubs indicated in Table 7.C.2.C, Incompatibility Buffer Landscape Requirements may be reduced to two in all Tiers.
[Ord. 2006-004] [Ord. 2008-037] d. Pathways in Buffers Pedestrian pathways, exercise trails and other related recreational trails may be allowed to meander in required R-O-W and compatibility
buffers. [Ord. 2006-004] e. Berms Berms shall be permitted in any perimeter buffer in all Tiers. [Ord. 2006-004] f. Fences and Walls Walls and fences may be located along the property
line, and may be exempt from the tree, shrub and hedge requirements of Art. 7.D.4.B, Walls and Art. 7.D.4.C, Fences. Vinyl coated chain link fences are permitted in any perimeter buffer
in any Tier, and may be exempt from the requirements of Art. 7.D.4.C.1, Chain Link Fences. [Ord. 2006-004] g. WCRAO Landscape buffers shall not be required if the proposed park and
recreation areas are internally integrated within the development. [Ord. 2008-037] 3. Off Street Parking Requirements a. Landscape Islands One landscape island a minimum of ten feet
in width shall be required per ten spaces, in all Tiers (maximum 100 feet apart), excluding spaces that are designated for vehicles with trailers. [Ord. 2006-004] {Ord. 2018-002] [Ord.
2018-018] (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 61 of 110 CHAPTER E PERFORMANCE
STANDARDS Section 1 Major Intersection Criteria As specified in this Code, certain specific uses shall be located at major intersections or internal to a PDD that is located at a major
intersection. For the purpose of this Chapter, to be considered a major intersection each roadway at the intersection, shall meet at least one of the following standards: A. Four
Lanes The roadway currently exists at four lanes or more, link to link, and is shown on the Thoroughfare R-O-W Protection Map. Dedication of R-O-W or construction of additional lanes
solely in front of a property shall not satisfy this standard; B. Five Year Road Plan The roadway appears in the Five Year Road Plan to be constructed as a major arterial of at least
four lanes; C. Traffic Volume The current average traffic volume on the roadway is greater than ten thousand trips per day as shown on the Peak Season Traffic Volume Table published
by the Palm Beach County Traffic Division; [Ord. 2009040] D. R-O-W The roadway is shown on the Thoroughfare Plan as 120-foot R-O-W or greater; or E. Upgrade Agreement The applicant
agrees to improve the roadway system to meet the standards in this Chapter as a condition of approval. Section 2 Location Criteria A. Purpose and Intent To mitigate the adverse impacts
created by excessive concentrations of specific uses at intersections and along roadways that adversely impact traffic flow, pedestrian circulation and visual impacts related to site
layout. [Ord. 2006-004] B. Intersection Criteria Applicable uses shall be limited within 1,000 feet of any intersection, measured from the intersection of the centerlines of each street
to the nearest exterior wall or outdoor dining area of the use. [Ord. 2006004] C. Separation Criteria Any use within 1,000 feet of an intersection pursuant to the location criteria
above shall be exempt from this requirement. A use shall meet the following separation criteria of any other same and existing or approved use, measured by drawing a straight line
between the nearest point of the exterior wall or outdoor dining area of the proposed use to the same for an existing or approved use: [Ord. 2006-004] 1. 1000-feet; or 2. 500-feet.
D. Existing Uses The locational and separation criteria in this Section shall have no effect on any existing uses that are conforming uses as of the effective date of this Code. Where
applicable, any DOA to an existing use shall comply with Art. 4.B.2.C.33.f.3), Exception, to the greatest extent feasible. [Ord. 2006-004] Section 3 Drainage For all development in
all districts, drainage shall be designed and constructed in accordance with the drainage and storm water management standards of Art. 11, Subdivisions, Platting and Required Improvements,
except that the requirements for legal positive outfall, pursuant to Art. 11.E.1.A.3, Stormwater Management System, shall not apply to: A. Development That Meets Both of the Following
Criteria 1. The primary use is a parking lot, open storage, open sided structure with no utilities, or similar use as determined by the County Engineer. 2. The property is not located
adjacent or contiguous to a drainage facility which provides access to a point of legal positive outfall Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 -
Supplementary Standards 62 of 110 (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary
Standards 63 of 110 B. Industrial Designations Individual lots designated as Industrial on the FLUA which have a zoning designation of IL, IG, MUPD, PIPD, or SWPD are limited to
industrial uses, are located 300 hundred feet or more away from connecting to legal positive outfall, and which provide either: 1. Adequate on-site lake area to store the 100 year,
three day rainfall event within the limits of the lake; or 2. Store a 100 year, three day rainfall event on this site in a combination of lake and surface storage conditioned upon providing
a hydrological study showing that inundation of the parking lot areas and driveways does not persist for more than 72 hours following cessation of the 100 year, three day rainfall event.
C. Security Trailers or Caretakers’ Quarters Allowed In Conjunction with an Exempted Use Any parcel meeting the above listed exemptions from the provisions of legal positive outfall
shall connect to a central sewer system and shall not utilize a septic tank system. D. Lands with Paola or St. Lucie Soil Types Projects that are planned on lands located approximately
along the I-95 corridor that consist of Paola or St. Lucie soil types which are excessively drained and have a depth to water table in excess of 8 feet, as measured from the average
natural elevation of the property. In lieu of providing legal positive outfall for projects meeting the above criteria, projects shall be developed utilizing a water management system
that contains the 100 year three-day storm event entirely within a designated retention area, after accounting for soil storage. Calculations showing total on-site retention shall
be provided utilizing the rainfall distribution as detailed in SFWMD's Vol. IV Manual, latest edition. [Ord. 2005 – 002] Section 4 Nuisances A. General 1. Purpose and Intent The purpose
and intent of this Chapter is to regulate possible nuisances, such as excessive noise, vibration, odors, and outdoor lighting which could interfere with the peaceful enjoyment of land.
2. Applicability This Chapter shall apply to all land in the unincorporated area of PBC, unless exempt pursuant to Art. 5.E.1.E, Upgrade Agreement. 3. Conflicts Any conflict between
this Chapter and any other provision in this Code or any other Ordinance adopted by the BCC, or provision, regulation, standard, or law adopted by Statute, the more stringent shall
apply. 4. Definitions See Art. 1.I, Definitions and Acronyms 5. Exemptions The following are exempt from this Chapter: a. Transportation Sound generated from motor vehicles legally
operating on any public R-O-W regulated by F.S. Chapter 316 (Uniform Traffic Control Law). Sound generated by interstate rail carriers operating on any railroad R-O-W. Sound generated
by an airport, including all airport related operations. All other uses of land preempted by applicable State of Florida or Federal laws or regulations. b. Sanctioned Activities Sound
generated by a government sanctioned activity conducted on public land or in a public RO-W (e.g. parades). c. Crowd Noise Non-amplified sound generated by a crowd noises at sporting
events. d. Research and Technology Overlay (RTO) Sound generated from a source located within the RTO. e. Farm Operation Bona fide agricultural operations conforming to generally accepted
agricultural and best management practices. f. AGR District Noise, vibration, smoke, emissions, particulate matter, and odors by farm operations conforming to generally accepted agricultural
and management practices in the AGR district. [Ord. 2005-041] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 64 of 110 g. Temporary,
Portable Power Generators Sound generated by temporary, portable power generators used only during periods of electrical power outages in utility distribution systems maintained by
the utility service provider. [Ord. 2005041] B. Noise Limitations and Prohibitions In addition to the maximum sound levels set forth in Table 5.E.4.B, Maximum Sound Levels, the following
activities shall be limited or prohibited as follows: 1. Prohibitions a. Horns Sounding a horn or other audible signal device, except as required by law or as a warning of imminent
danger. The sounding of any device for an unnecessary reason or unreasonable period of time is prohibited. b. Parks Operating or playing any radio, television, phonograph, musical instrument,
or similar device on public land or in a public R-O-W at a distance of 100 feet from the source which generates excessive noise. c. Amplified Sound Operating, playing or using any loud
speaker, loud speaker system, sound amplifier, radio, television, phonograph, musical instrument, or similar device which generates excessive noise at the property line of inhabited
residential land. This provision shall not apply to special events but shall apply to lounges, restaurants, or nightclubs. d. Advertising Operating, playing, or using any device which
generates excessive noise at the property line that is cast or emitted upon the public streets and sidewalks for the purpose of commercial advertising or for attracting the attention
of the public. e. Machinery and Construction Work The operation of any machinery, demolition equipment, construction equipment, excavating equipment, power tool, equipment of semi-mechanical
device, or undertaking construction work which generates excessive noise at the property line of inhabited residential land between the hours of 10:00 PM and 7:00 AM. Construction work
other than minor repairs by a homeowner and work permitted to an owner builder shall be prohibited on Sunday. This restriction shall not prohibit the use of pumps or machinery which,
because of their nature and purpose, are required to be in operation 24 hours a day. f. Lawn Equipment The operation of lawn or garden maintenance equipment or machinery which generates
Excessive Noise at the property line of inhabited residential land between the hours of 10:00 PM and 7:00 AM. 2. Maximum Sound Levels a. No person shall operate or cause to be operated
any source of sound from any location in such a manner as to create a sound level which exceeds the limits set forth below in Table 5.E.4.B, Maximum Sound Levels, for more than ten
percent of any measurement period, which period shall not be less than ten minutes. Sound Level Measurement Compliance shall be determined with a Type 2 or equivalent sound level meter
using the A Weighting Scale in accordance with the standards of the American National Standards Institute (ANSI). All measurements shall be made with a sound meter at or within the
boundary of the complaining landowner within the property lines of the receiving land. Table 5.E.4.B - Maximum Sound Levels Receiving Land Use Type Sound Source Time of Day Maximum
Sound Level USA RSA Residential Fixed mechanical equipment Any time 60 dB 60 dB Residential Permanent Generator See Art. 5.B.1.A.18 75 dB 75 dB Residential All other sources 7 AM to
8 PM 60 dB 55 dB 8 PM to 10 PM 55 dB 50 dB 10 PM to 7 AM 50 dB 50 dB Commercial Nonresidential All sources Any time 70 dB 70 dB Non-Residential Permanent Generator See Art. 5.B.1.A.18
75 dB 75 dB [Ord. 2006-004] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 65 of 110 3. Public Nuisance a. Injunctive Relief
Any emission of noise the generation of sound from any source in excess of the limitations established in, or pursuant to, this Chapter shall be deemed and is hereby declared to be
a public nuisance. Upon receipt of written complaint of violation of this Chapter, the Code Enforcement Officer may investigate and request the County Attorney to file injunctive proceedings
to abate the nuisance. Such proceedings shall be cumulative and in addition to the penalties provided herein. b. Civil Action The generation of sound from any source not limited by
this Code shall be considered a civil issue and addressed accordingly by law. C. Vibration 1. Non-Industrial Districts In all districts, except with an Industrial (IND) FLU designation,
no use shall operate so as to produce ground vibration noticeable by a person of reasonable sensitivity at the property line. D. Smoke, Emissions and Particulate Matter 1. General
Requirements No use or activity shall be operated except in full compliance with the standards controlling air pollution as provided in the laws of the State of Florida and the ordinances.
[Ord. 2006-004] 2. Smoke In all districts, unless otherwise covered by a specific visible emission limiting standard by a FDEP Rule or County Ordinance, every use shall be operated
so as to prevent the emission of smoke from any source whatever, the density of which is equal to or greater than that designated as Number 1 on the Ringlemann Chart, or the opacity
of which is equal to or greater than twenty percent. For the purpose of grading the density of smoke, the Ringlemann Chart, as published and used by the United States Bureau of Mines,
or Method 9, as published in Rule 62-296 F.A.C., is incorporated herein by reference. All measurements shall be at the point of emission. [Ord. 2006-004] 3. Dust and Particulate Every
use shall be operated to prevent the emission into the air of dust or other solid particulate matter which may cause danger to land and the health of persons or animals at or beyond
the lot line of the premises on which the use is located, in accordance with Rule 62-296 F.A.C. [Ord. 2006-004] 4. Objectionable Odors No person shall cause, suffer, allow or commit
the discharge of air pollutants which contribute to an objectionable odor in accordance with Rule 62-296 .320 (2) F.A.C. [Ord. 2006-004] 5. Toxic or Noxious Matter No use shall for
any period of time, discharge across the boundaries of a lot on which it is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health,
safety, comfort, or general welfare, or cause injury or damage to persons, land, or the use of land, or render unclean the waters of the state to the extent of being harmful or inimical
to the public health, or to animal or aquatic life, or to the use of such waters for domestic water supply, industrial purposes, recreation, or other legitimate and necessary uses.
[Ord. 2006-004] E. Outdoor Lighting 1. Purpose and Intent It is the intent of this Section to preserve, protect, and enhance the lawful nighttime use and enjoyment of any and all
property through the use of appropriate lighting practices and systems. Such individual fixtures, luminaries and lighting systems are designed, constructed, and installed to: control
glare and light trespass, minimize obtrusive light, eliminate the increase of lighting levels on competing sites, provide safe roadways for motorist, cyclists and pedestrians, conserve
energy and resources while maintaining safety, security and productivity, and curtail the degradation of the nighttime visual environment. [Ord. 2005-041] 2. Applicability All outdoor
lighting shall be subject to the requirements of Table 5.E.4.D - 15, Illumination Levels, and Table 5.E.4.D - 16, Maximum Permitted Luminaire Height, unless exempted or permitted to
deviate as described herein. Lighting not specifically listed may be classified by the Executive Director of PZB pursuant to Art. 1.B, Interpretation of the Code. In Addition to the
standards in this Section, outdoor lighting shall be consistent with Art. 14, Environmental Standards. [Ord. 2005-041] [Ord. 2011-016] Unified Land Development Code Supplement No.
24 (Printed 10/18) Article 5 - Supplementary Standards 66 of 110 a. Conflict In the case of a conflict between this Section other provisions of this Code, or other applicable codes,
the more strict regulation shall apply. [Ord. 2005-041] b. Non-conforming Lighting All luminaries that do not comply with the standards of this Section shall be subject to the limitations
on expansion, maintenance, relocation, damage repair and renovations pursuant to Art. 1.F, Non-conformities. [Ord. 2005-041] c. Exemptions The following uses shall be exempt to the
extent listed below: [Ord. 2005-041] 1) Residential Single-family, townhouses, multi-family dwellings up to two units shall not be subject to the requirements of this Section. [Ord.
2005-041] 2) Street Lights Street lights in any public ROW that meet the requirements of the appropriate public utility. [Ord. 2005-041] 3) Temporary Lighting The temporary use of
low wattage or low voltage lighting for public festivals, celebrations, and the observance of holidays are exempt from regulation except where they create a hazard or nuisance from
glare. [Ord. 2005-041] 4) Landscape and Accent Lighting Landscape and Accent Lighting fixtures that comply with the Florida Building Code, Chapter 13 Section 13-415.1ABC.2.1efficancy
requirements shall be exempt. All exempt Landscape and Accent Lighting fixtures must have a locking mechanism and a glare shield so that light is aimed, and remains aimed at the surface
intended. [Ord. 2008-037] 5) Public Park and Recreation Facilities Government owned or operated public parks and recreation facilities that are only open between dawn and dusk, shall
not be subject to the requirements of this Section. [Ord. 2018-018] d. Prohibited Outdoor Lighting The following types of outdoor lighting are prohibited in unincorporated PBC: [Ord.
2005-041] 1) Any light that creates glare observable within the normal range of vision onto a street or creates a safety hazard; [Ord. 2005-041] 2) Any light that resembles an authorized
traffic sign, signal, or device, or that interferes with, misleads, or confuses vehicular traffic as determined by the Zoning Director or Traffic Director; [Ord. 2005-041] 3) Beacon
or searchlights, except for temporary grand openings and special events, as limited by State of Florida or Federal law; [Ord. 2005-041] 4) Any drop lens fixture or fixture that does
not meet the IESNA Full-Cutoff classification of 0% of lumens above 90 degrees from nadir. This includes, but is not limited to, parking lot fixtures, building façade fixtures, and
other non-landscape lighting fixtures. [Ord. 2008-037] 5) Animated lighting, unless authorized under Art.8,Signage. [Ord. 2005-041] e. Deviations Lighting may vary from this Section
to the extent necessary to comply with the following: [Ord. 2005-041] 1) F.S. 655.962, related to ATM lighting; [Ord. 2005-041] 2) F.S.812.173, related to Parking lots for Convenience
Businesses; [Ord. 2005-041] 3) Lighting on Public Schools required by FBC Chapter 423, and the SDPBC Electrical Design Criteria; [Ord. 2005-041] [Ord. 2012-027] 4) Airport Lighting
regulated by State or Federal law; [Ord. 2005-041] 5) Lighting for obstructions to air navigation as provide U.S. Department of Transportation, Federal Aviation Administration Advisory
Circular 70/7460-1K; [Ord. 2005-041] 6) Lights required on vehicles under state uniform traffic control statutes or for vessels under vessel safety statutes under F.S. 316 and 327;
[Ord. 2005-041] 7) Lighting for public health required by F.S. 381; [Ord. 2005-041] 8) Electrical code statute requirements under state building code; [Ord. 2005-041] 9) F.S. 553.963
and F.S. 553.904, Efficiency and Energy Conservation Statutes under Building Code Standards; [Ord. 2005-041] 10) Lighting for outdoor theaters under F.S. 555.07; [Ord. 2005-041] Unified
Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 67 of 110 11) Lighting for Commercial Communication Towers under Art. 4.B.9.B.10 of the
ULDC; and [Ord. 2005-041] [Ord. 2017-007] 12) Other federal, state and local laws and regulations that may apply. [Ord. 2005-041] 3. Submittal Requirements a. Photometric Plan All
building permit applications that include the use of external luminaries, or luminaries visible from the exterior of a structure shall include an outdoor lighting plan and an outdoor
security lighting plan showing location, type, and height of all luminaries, and photometrics in foot-candle output of all proposed and existing luminaries on-site. On-site lighting
to be included in the calculations shall include, but is not limited to, lighting for parking lot, canopies, recessed lighting along the building and/or overhang. Each plan shall include
any calculations or modifications required to comply with items listed in Art. 5.E.4.E.2.e, Deviations. The photometric plans shall include the following: [Ord. 2005-041] 1) A table
showing the average, minimum, and maximum foot-candles, average to minimum ratio, and maximum to minimum ratio on the site, and maximum luminaire heights. Maximum photometric calculation
grid shall not exceed ten feet. [Ord. 2005-041] 2) Manufacturer's catalog cuts that provide a description of the luminaries, including wattage, lumen output, glare reduction/control
devices, lamps, on-off cycle control devices and mounting devices. [Ord. 2005-041] 3) All photometric plans must be signed and sealed by a licensed engineer, architect or Landscape
Architect. [Ord. 2005-041] [Ord. 2008-037] 4) A Certificate of Compliance signed and sealed by a licensed engineer, architect or Landscape Architect, must be submitted prior to the
issuance of a Certificate of Occupancy. [Ord. 2005-041] [Ord. 2008-037] 5) The photometric plan shall not include time averaging or other alternative methods of measurement. A Light
Loss Factor (LLF) shall be used for the calculations in a photometric plan. The values of the LLF shall be a maximum value of 0.72 for Metal Halide, 0.81 for High Pressure Sodium and
0.95 for LED, based on manufacturers’ initial lamp lumens. [Ord. 2005041] [Ord. 2008-037] 4. Standards a. Confinement All outdoor lighting shall utilize full cutoff luminaries per the
Illuminating Engineering Society of North America (IESNA) definition of full cutoff which allows for 0% of lumens above 90 degrees from nadir. No luminaries other than landscape lighting
exempted per Art. 5.E.4.E.2.c.4, shall be directed upwards to avoid urban sky glow. In the U/S Tier, accent and landscape luminaries not exceeding 100 watts. [Ord. 2005-041] [Ord.
2008-037] b. Light Trespass The maximum illumination at the property line of an adjoining residential parcel or public ROW is 0.33 horizontal and vertical foot-candles measured at six
feet above grade level. Said illumination likewise measured at the property line of an adjoining non-residential parcel, shall not exceed 3.0 horizontal and vertical foot-candles measured
at six feet above grade level. [Ord. 2005-041] c. Security Lighting and Time Restrictions 1) Full cutoff luminaires shall be used for all security lighting and dusk-to-dawn area lighting.
[Ord. 2005-041] 2) Outdoor illumination, including but not limited to, areas used for outdoor sales and display, eating, parking, assembly, service, storage of equipment and freight,
loading and unloading, repair, maintenance, commercial activities, and industrial activities shall not continue after 11:00 P.M., or no more than one hour after active use of the area
ceases, whichever is later, except for security lighting. [Ord. 2005-041] 3) Security lighting shall be required for all active entrances to buildings, parking lots and access to buildings
or parking lots. All security lighting shall maintain an average of 0.75fc, a minimum of 0.3fc and a maximum of 3fc from dusk until dawn. [Ord. 2005-041] [Ord. 2008037] 4) No outdoor
recreational facility shall be illuminated after 11:00 P.M. except to conclude a scheduled and sanctioned recreational or sporting event by PBC or other authorized agency in progress
prior to 11:00 P.M. The luminaries shall be extinguished after outdoor recreational events are completed and the site has been vacated. [Ord. 2005-041] Unified Land Development Code
Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 68 of 110 a) Exceptions Public recreational facilities such as boat ramps, fishing piers, or other similar facilities
that operate or are open to the public on a 24 hour basis. [Ord. 2005-041] 5) Automatic timing devices with a photosensor or an astronomical timeclock, which control the hours of illumination
shall be required for all parking lots, car dealerships/outdoor display lots and parking garages. These devices may remain on Eastern Standard Time throughout the year. [Ord. 2005-041]
[Ord. 2008-037] d. Illumination Levels Table 5.E.4.E, Illumination Levels, indicates the minimum and maximum illumination levels for specific site elements, as well as the maximum to
minimum, and average to minimum ratios. [Ord. 2005-041] Table 5.E.4.E - Illumination Levels Outdoor Lighting Maximum Illumination (1) Minimum Illumination (1) Max to Min Ratio Average
to Min Ratio Buildings and Accessory Structures a. Pathway Lighting (2) 5.0 (5) - - - b. Canopies, Drive-thru and Overhangs 30.0 3.0 10:1 2.5:1 Parking Lots a. Multi-family Residential
3.0 0.3 10:1 - b. All Others 12.0 1.0 12:1 3:1 Parking Structures a. Parking Area 10.0 1.0 10:1 4:1 b. Ramps – Day 20.0 2.0 10:1 - c. Ramps – Night 10.0 1.0 10:1 - d. Entrance Area
– Day 50.0 5.0 10:1 - e. Entrance Area – Night 10.0 1.0 10:1 - f. Stairways - 10.0 - - Property Boundary Refer to Light Trespass Specialty Lighting (4) a. Golf Courses Per IESNA Lighting
Handbook b. Outdoor Entertainment c. Parks Other Lighting Types a. Outdoor Display and Storage for vehicle sales and rental. 15 (3) 1.0 15:1 4:1 b. Other Outdoor Display and Storage
Areas. 20 1.0 15:1 4:1 c. Outdoor Work Areas 20 1.0 15:1 4:1 [Ord. 2005-041] [Ord. 2008-037] [Ord. 2010-005] Notes: 1. Measured in foot-candles. 2. Building or accessory mounted luminaries
used to light parking lots shall comply with Parking Lot illumination levels. 3. May be increased to 20 foot-candles for the first row of display parking located adjacent, but not more
than 100’ from a ROW. 4. Applicable to outdoor recreation areas only, excluding areas such as parking lots, drive isles, pathways, building and landscape lighting. 5. Fully shielded
bollards not greater than 42 inches in height may be permitted up to 20 foot-candles. e. Luminaire Heights Table 5.E.4.E, Maximum Permitted Luminaire Height, identifies the maximum
height for any freestanding or structure mounted luminaires. (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary
Standards 69 of 110 Table 5.E.4.E - Maximum Permitted Luminaire Height Location Maximum Height U/S Tier Rural, Exurban and AGR Tiers Buildings and Accessory Structures a. Buildings
25 feet or eave overhang, whichever is lower (unless required by the Florida Building Code) b. Accessory Structures 10 feet 8 feet Parking Lot a. Residential 20 feet 15 feet b. Industrial
40 feet - c. Commercial, Civic and Institutional 30 feet, or equal to the height of the building up to a maximum of 40 feet 25 feet Parking Structures a. Luminaires on top parking
level. 20 feet or 25 feet (4) 15 feet Property Boundary a. Luminaires within 100 feet of residential (2) 20 feet 15 feet Specialty Lighting (3) a. Golf Courses Per IESNA Lighting
Handbook b. Outdoor Entertainment c. Parks [Ord. 2005-041] Notes: 1. For the purposes of this table, residential parcel shall include any residential use, or any vacant parcel with
a residential FLU designation. 2. The height of any lighting luminaire within 100 feet of a parcel with a residential use or FLU designation shall be limited in accordance with the
height limitations for Property Boundary, Residential. 3. Applicable to outdoor recreation areas only, excluding areas such as parking lots, drive isles, pathways, building and landscape
lighting. 4. Minimum setback shall be 45 feet from exterior edge of wall for all luminaries, except luminaries mounted to interior face of perimeter wall, which do not exceed the height
of the perimeter wall. f. Measurement 1) Illumination levels shall be measured in foot-candles with a direct-reading, calibrated, portable light meter. The light meter shall be placed
not more than six inches above grade level. [Ord. 2005-041] 2) For the purpose of measuring light trespass, the light meter shall be placed at the property line of the subject parcel
six feet above the grade level. [Ord. 2005-041] Section 5 Hours of Operation Hours of operation relate to the time during which the use is open to the public for business. For uses
not open to the public, hours of operation shall be the time in which the use has employees working. [Ord. 2017-007] A. Proximity to Residential Any non-residential use shall be subject
to the hours of operations indicated in Table 5.E.5.A, Hours of Operation, when located within 250 feet of a parcel of land with a Residential FLU designation or use, unless stated
otherwise. Mixed uses located in the following zoning districts shall not be considered residential uses for the purposes of hours of operation: Neighborhood General (NG), Neighborhood
Commercial (NC) and Urban General (UG) Sub-areas of the WCRAO and UC, UI, MXPD, and TMD. [Ord. 2017-007] [Ord. 2017-025] [Ord. 2018-018] (This space intentionally left blank)
Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 70 of 110 Table 5.E.5.A - Hours of Operation Nonresidential Use Classification
Hours (1) Commercial 6:00 a.m. to 11:00 p.m. Recreation 6:00 a.m. to 11:00 p.m. Institutional, Public and Civic 6:00 a.m. to 11:00 p.m. Industrial with outdoor activities 7:00 a.m.
to 7:00 p.m. (Monday – Saturday) Industrial without outdoor activities 6:00 a.m. to 11:00 p.m. (Monday – Saturday) Transportation 7:00 a.m. to 11:00 p.m. Temporary 6:00 a.m. to 11:00
p.m. Accessory Nonresidential Uses to Residential Uses 7:00 a.m. to 7:00 p.m. [Ord. 2017-007] [Ord. 2018-018] Notes: 1 Stocking activities or deliveries for nonresidential uses are
subject to the hours listed above when located within 250 feet of a parcel of land with a residential use or FLU designation. Ord. 2018-018] B. Measurement Measurement shall be taken
by drawing a straight line from the property line of the residential use or FLU designation to the closest point of the loading area, the exterior wall, structure, or bay housing the
nonresidential use. [Ord. 2009-040] [Ord. 2017-007] [Ord. 2018-018] C. Existing Uses Uses existing prior to this amendment may comply with the requirements existing at the time the
use was established, unless modified by a subsequent Development Order. [Ord. 2009-040] [Ord. 2017-007] D. Exemptions Uses owned or operated by a governmental entity that provide
essential services for the public, as determined by the Zoning Director, shall be exempt from these standards. [Ord. 2009-040] [Ord. 2017007] E. Type 2 Waiver Hours of Operation may
be altered pursuant to Art. 2.B.7.D, Type 2 Waiver. [Ord. 2018-018] CHAPTER F LEGAL DOCUMENTS Any legal documents requiring PBC approval shall be reviewed prior to submission by a licensed
attorney. This shall include documents required by Code or as a condition of any land use approval. For the purposes of the provisions, “legal documents” shall include, but not be limited
to, the following types of documents: restrictive covenants, easements, agreements, access agreements, removal agreements, unity of control, and unity of title. Any document that follows
exactly the language of a PBC-approved form is exempt from this requirement. Section 1 Maintenance and Use Documents A. Purpose and Intent This Chapter is established to ensure that
adequate ownership and maintenance measures will be provided in residential and other developments to protect and perpetually maintain all common areas or other required areas (including
improvements located upon or within the common areas) required pursuant to this Code or other applicable PBC ordinances or regulations. This Chapter is also established to ensure the
continued availability and utility of the common areas for the residents or occupants of the development and to prevent such facilities or the need for such facilities from becoming
an unnecessary burden or nuisance to the PBC or surrounding property. Nothing in this Chapter shall be construed as creating any obligation upon the PBC to maintain such common areas
or their improvements or to otherwise ensure their availability and condition. B. Applicability This Chapter shall apply to all developments subject to review by the DRO as delineated
elsewhere in this Code. Developments for which waivers of platting are administratively obtained shall also comply with the requirements of this Chapter. [Ord. 2010-022] C. Exception
Generally, the maintenance and use documents requirement shall not apply to lands or improvements to be owned and maintained under a condominium or cooperative. The developer of any
lands to be owned and maintained under a condominium or cooperative shall establish and regulate those in accordance with the requirements set forth by The State of Florida. If the
condominium or cooperative is located within a PUD, though, additional PBC document requirements may apply. Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5
- Supplementary Standards 71 of 110 D. General Requirements A developer shall submit documents establishing maintenance and use of the common areas of a proposed development and
other required areas at the point in the development process set forth in Art. 11.D, Platting, or as required as a condition of approval by any decision making or administrative body
of PBC. All documents shall be reviewed and approved by the County Attorney's office prior to recording in the public records. The recording of the documents and all associated fees
shall be the responsibility of the developer. All documents shall be recorded as approved by the County Attorney's office, and copies of the recorded documents shall be submitted to
the PBC when requested. E. Documents Establishing Maintenance and Use The type of document required to establish use rights and responsibility for maintenance of the common areas and
private preserve areas of a development depends upon the nature of the development. 1. Developments Including a Subdivision of Five or More Lots A POA shall be required. Developer shall
submit a Declaration of Covenants and Restrictions, Articles of Incorporation, and By-Laws. If there are to be party walls within the development, the Declaration of Covenants and Restrictions
shall include a Declaration of Party Wall. This requirement applies to both residential and non-residential developments. 2. Subdivisions of a Maximum of Four lots A POA may or may
not be required depending upon the individual subdivision. The determination shall be made by the County Attorney's Office. If a POA is required, then the submittal requirement shall
be as listed above. If a POA is not required, then the developer shall submit a Unity of Control. If there are to be party walls within the development, a Declaration of Party Wall
shall be included in the submission. 3. Rental Projects A Unity of Title shall be submitted for a development that will be owned and maintained by a landlord for the benefit of lessees
residing on or occupying leaseholds on a Lot or Parcel. F. Content Requirement for Documents The following shall be the minimal content requirements for documents. Provisions which
do not conflict with any PBC requirements may also be included. 1. Property Owner's Association (POA) Documents a. Declaration of Covenants and Restrictions 1) Legal Description a)
For Master Property Owner’s Associations Where applicable, all property included within the Master Plan for a Development Order, regardless of how many phases, shall be subjected to
the terms of the declaration at the time the first plat of the development is recorded. Property shall not be withdrawn from the terms of the declaration unless it is also withdrawn
from the Master Plan. This shall also apply to any affected portion of an AGE Allocation Plan with a Development Order for a Rezoning, Conditional Use, or related Development Order
Amendment subject to the requirements of the AGEO. [Ord. 2010-022] [Ord. 2017-007] b) For Sub-Associations All property included within a plat in which a sub-association is named
in a dedication/reservation shall be subjected to the terms of the declaration for that subassociation at the time the plat is recorded. 2) Definition There shall be a declaration
in which, minimally, the following terms (or similar terms) are defined: association, common areas, member, properties, declarant/developer, unit/lot/parcel. The definition of association
shall include the name of the POA responsible for maintaining the common areas of the development. The association named here must be the same association that accepts the dedications/reservations
on any plat of the development. The association shall be a State of Florida corporation not for profit. The definition of common areas shall include the phrase "any area dedicated
to or reserved for the association on any recorded plat or replat of the Properties". The definition of member shall reflect the requirement that all persons or entities holding title
to any portion of the properties shall be voting members of the association. In the case of a master association, this may be accomplished either by direct membership by all owners
or by the owners' sub-association membership with the sub-association(s) being the voting member(s) of the master association. The definition must specifically allow direct membership
for any owner who is not a member of a represented sub-association. Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 72 of 110
The definition of properties shall include all the property subject to the terms of the declaration including any added by amendment to the declaration. The definition of declarant/developer
shall include successors and assigns. The definition of unit/lot/parcel shall identify the division of property by which membership in the association is defined and shall be consistent
with the terms used to define member in the declaration. 3) Association Structure and Responsibilities There shall be provisions for the following: a) All persons or entities owning
any portion of the development shall automatically become members of the association; b) All members of the association shall be entitled to vote on association matters; c) The association
shall have the authority to assess all members for association expenses including, but not limited to, the cost of maintaining the common areas; d) All members of the association,
except any governmental entity, which may own property in the development, shall be subject to assessments by the association. The developer shall either pay assessments or fund the
deficit in the association's operating budget until he has turned over control of the association. After he has turned over control of the association, he shall pay assessments for
any lot(s) he may still own; e) The association shall have the authority to place a lien on a member's property for any unpaid assessment; f) The developer may control the association
while development is ongoing. He must, however, establish in the declaration a definite time by which he will turn over control of the association to the owners; and g) The declaration
shall provide that the association shall be responsible for the maintenance of the common areas and private preserve areas. Maintenance responsibility may be delegated to a sub-association
or to an individual lot owner (in the case of certain limited use areas), but the delegating association shall be responsible in the event the sub-association or the lot owner fails
to maintain any portion of the common area or other required areas. 4) Common Areas The common areas shall be defined to include any area dedicated to or reserved for the association
on any recorded plat of the properties. The developer shall state at what point he will deed the common areas to the association. 5) Easements The following easements shall be granted
or confirmed if already established by recorded plat or grant of easement: a) Ingress/egress easements for members, their guests, and licensees; b) Utility easements for installation,
maintenance, and repair by any utility company, including cable, servicing the development; c) Drainage easements; d) Maintenance easements for maintenance of the common areas. If the
association will need access to an owner's property to fulfill its maintenance obligation, the easement should be granted here; e) Encroachment easements for accidental encroachment
onto the common area; f) Common area easement for use by all members of the association and their guests; g) Developer’s easement to allow developer access as needed to complete construction
of development; h) Public service for police protection, fire protection, emergency services, postal service, and meter reading; i) Zero-lot line (ZLL) easement, if applicable. An easement
with a minimum of two feet in width, and contiguous to the ZLL boundary shall be established for the purpose of incidental encroachment, access and maintenance; or [Ord. 2013-001]
j) All easements, with the exception of the developer's easement, shall be perpetual. 6) Architectural Control Any provisions included in the declaration regarding architectural control
should be consistent with PBC regulations. It should be noted in the declaration that nothing in the declaration should be interpreted as an exemption from compliance with PBC regulations.
7) General Provisions There shall be provisions for the following: Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 73 of 110
a) Duration The declaration shall run with the land for a minimum of 20 years with provision for automatic renewal; b) Enforcement The association, the individual members, and the
developer shall all have the ability to enforce the terms of the declaration; c) Amendment The method by which the declaration may be amended shall be established. If the developer
is given a separate right for amending the declaration, his right shall not survive the turnover of control. No amendment that withdraws property from the terms of the declaration shall
be recorded unless approved in writing by the County Attorney's office. No amendment inconsistent with the requirements of this Chapter shall be recorded unless approved in writing
by the County Attorney's office. Nothing contained herein shall create an obligation on the part of the County Attorney's office to approve any amendment. d) Dissolution Any owner
may petition the Circuit Court for the appointment of a receiver to manage the affairs of the association in the event of dissolution of the association. b. Articles of Incorporation
1) All terms shall be consistent with the terms of the Declaration and By-Laws. 2) The POA shall be a State of Florida corporation not-for-profit with, minimally, the authority to maintain
common areas or other required areas, assess members for operating costs, place liens on members' property for failure to pay assessments, and enter into agreements with governmental
entities. c. By-Laws All terms shall be consistent with the terms of the declaration and articles of incorporation. 2. Declaration of Party Wall A declaration of party wall shall be
recorded whenever there are shared walls in a development. The declaration may be a part of a declaration of covenants and restrictions or it may be recorded as a separate instrument.
It should address the following: a. Repair of the wall is a joint obligation and expense unless damage is caused by the negligence of one party. In that case the cost of repair is the
obligation of that party alone; b. Repair or replacement of the wall shall be to its original construction; c. Each party shall have the right to file a lien for the cost of repairs;
d. The mortgagee shall have the same rights as the mortgagor; e. Structural changes in the wall are prohibited; f. If there is a common roof, the same provisions shall apply; g. If
access and/or parking are to be shared, there should be an easement granted to accommodate that; and h. This shall be a covenant running with the land. 3. Unity of Control A unity of
control shall be recorded against a subdivision of a maximum of four lots if the County Attorney's Office has exempted the subdivision from the requirements for a POA. The unity of
control shall contain the following: a. Legal description of the property subject to the terms of the unity of control. This shall include all property included in the master plan for
the development; b. Creation of perpetual cross-access, parking, drainage, and utility easements for the benefit of all owners of the development; c. Maintenance responsibilities for
all common areas of the development and method by which maintenance costs shall be shared; and d. Establishment of these provisions as covenants running with the land. 4. Unity of Title
The owner of a rental project shall record against his property a unity of title. The unity of title, which shall be a covenant running with the land, shall provide that the property
shall be considered one plot and parcel and that no portion of the property may be conveyed to another owner. The County Attorney's office, after consulting with the Zoning and Land
Development Divisions, may agree to release the unity of title provided that covenants establishing maintenance and use are recorded in its place. The cost of recording the unity of
title and/or a release shall be the responsibility of the owner. Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 74 of 110 Section
2 Easements A. Easement Encroachment 1. Minor Encroachments Minor encroachments of buildings and structures may be allowed within an easement in accordance with this Chapter. 2. Major
Encroachments Buildings or structures designed for human occupancy, screen enclosures, pools, or spas shall not be permitted within any easement unless otherwise provided for in this
Section. [Ord. 2010-005] 3. Incompatible Uses No construction shall be permitted within any easement where such construction is incompatible with the use for which the easement was
established. If the terms of the easement, statute, law, ordinance, rule, regulation, or approval pursuant to which the easement was established prohibits or excludes the use, such
use shall be considered incompatible. The burden shall be on the applicant to demonstrate that the proposed construction is or will not become incompatible with the purpose for which
the easement was established, or impair the rights of the easement holders and beneficiaries. The determination of whether a use is incompatible with the purpose for which an easement
was established shall be made by the appropriate regulating agency(s) in accordance with this Chapter. 4. Application Process Buildings and structures, which are not prohibited pursuant
to Art. 5.F.2.A.2, Major Encroachments, shall be subject to the following: a. If an application for a building permit includes construction in an easement, the application shall include
consent from all easement holders and beneficiaries. The consent shall be specific to the proposed construction and in a form acceptable to PZB; and b. Prior to the issuance of the
building permit, the applicant shall record an executed removal and indemnification declaration. The removal and indemnification declaration shall inure to the benefit of the easement
holders and beneficiaries. 5. All Other Approvals Required a. All other government permits, approvals, or consents necessary for the construction shall be obtained prior to commencement
of the construction. b. Compliance with this Chapter shall not be construed to relieve the applicant from obtaining any required approvals, if applicable, for encroaching into the affected
easement. c. Nothing herein shall be construed as affecting any right to construct except to the limited and strict extent of any approval granted hereunder. An approval granted in
accordance with this Chapter is for the limited purpose of complying with this Chapter only. 6. Accountability The applicant is responsible for providing and representing true, accurate
and correct information. Except as specifically set forth herein, no PBC official, employee, or agent shall have the duty of a. searching the Official Records of the Clerk of the Circuit
Court, or b. conducting any other investigation to determine whether a permit application or request for PBC approval is inconsistent with the use for which an easement was established;
whether an easement exists in the area within which a permit for construction/development is sought; or [Ord. 2005 – 002] c. whether any other government or private approvals are
required for construction or development for which the permit is sought. However, PZB, DEPW or any other department, official employee, or agent may undertake an investigation, search,
or inquiry to determine the aforestated. [Ord. 2005 – 002] 7. Modifications a. If, upon inspection, the construction is found to be materially different than that which was approved
by PBC, then the approval shall be of no force and effect and the construction shall be removed immediately, unless the modification is approved by the department having jurisdiction
pursuant to this Chapter. B. Drainage Easement Encroachments 1. All construction in a drainage easement shall be subject to approval by the beneficiary of said easement. Further,
the Land Development Division (LDD) shall approve all encroachments into easements which drain County roads. [Ord. 2010-005] [Ord. 2010-022] 2. If a building permit is required, the
applicant shall obtain approval from the LDD or appropriate entity prior to submitting the building permit application to PZB. [Ord. 2010-005] [Ord. 2010-022] Unified Land Development
Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 75 of 110 3. When approval is required from LDD, the applicant shall submit a request to encroach a drainage
easement in or on a form established by the LDD and include a copy of the recorded deed to the parcel on which the easement is located; the document creating the easement; a certified
sketch of survey of the easement; a sketch or plans showing the proposed construction in relation to the location of existing drainage improvements in the easement; and such other documentation
as the LDD reasonably deems appropriate [Ord. 2010-005] [Ord. 2010-022] 4. When encroachments are proposed in easements which drain County roads, the LDD may deny, approve, or approve
with conditions the construction. [Ord. 2010-005] [Ord. 2010-022] 5. When approval is required from LDD, no approval shall be given before the LDD has received specific written consent
from all easement holders, easement beneficiaries, and governmental entities or agencies having jurisdiction of the drainage easement. The LDD is hereby authorized to effect consent
on behalf of PBC when PBC is the easement holder or beneficiary of a drainage easement. The LDD may require that consent be in or on a form established by the LDD. [Ord. 2010-005]
[Ord. 2010-022] 6. For easements which drain County Roads, the LDD shall also have executed in proper form, and shall cause to be recorded against the applicant’s land involved, a removal
and indemnification declaration (with the necessary consents) on a form approved by County Attorney’s Office. Said declaration shall provide that all direct and indirect costs related
to removal shall be borne by the property owner, its heirs, successors, assignees, and grantees; that the aforestated person(s) shall indemnify and hold PBC, its officers, employees,
contractors, and agents harmless against any and all claims and liabilities of whatever nature (including personal injury and wrongful death) arising from any approval granted hereunder
or the construction or installation approved hereunder. The removal declaration shall inure to the benefit of the easement holders and beneficiaries. It shall contain such other terms
and covenants as the LDD or the County Attorney deems appropriate. Proof of the recording of the document shall be furnished to PZB with the application for a building permit. [Ord.
2010-005] [Ord. 2010-022] 7. Construction in or overlapping a drainage easement approved by the LDD shall comply with the provisions of Sections: 2.A.5, 2.A.6, and 2.A.7 of this Chapter.
[Ord. 2010-005] CHAPTER G DENSITY BONUS PROGRAMS The WHP, AHP or the TDR Program are the required methods for increasing density above the maximum density permitted by a property’s
FLUA designation within unincorporated PBC, unless an applicant can both justify and demonstrate a need for a Site Specific FLUA Amendment and demonstrate that the current FLUA designation
is inappropriate, as outlined in Art. 2.H, FLU Plan Amendments. [Ord. 2008-003] [Ord. 2010-005] Section 1 Workforce Housing Program (WHP) A. Purpose and Intent The WHP implements
HE Policies 1.1-o and 1.5-g of the Plan, among others, by establishing an Inclusionary WHP. The program mandates or encourages the development and equitable geographic distribution
of workforce housing units for low, moderate 1 and Moderate 2, and middle-income households, ensures a minimum affordability period, and provides for a density bonus and other incentives.
The program is intended to increase the supply of housing opportunities for persons employed in PBC in jobs that residents rely upon to make the community viable. [Ord. 2006-055]
B. Applicability In cases of conflict between this Chapter and other Articles of this Code, the provisions of this Chapter shall apply. The WHP shall apply to all new developments
with a residential component of 10 or more dwelling units. For existing projects proposing 10 or more dwelling units, the program shall apply to those units being added. Requirements
and limitations are further defined in Table 5.G.1.B, Workforce Housing Program. [Ord. 2006-055] [Ord. 2010-005] (This space intentionally left blank) Unified Land Development Code
Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 76 of 110 Table 5.G.1.B - Workforce Housing Program Applicability Location: Threshold Required > or = to 10
residential dwelling units Tier or Overlay U/S FLU (1) LR-1, LR-2, LR-3, MR-5, HR-8, HR-12, HR-18, UC and UI Density Bonus Incentive LR-1 thru LR-3 up to 30% MR-5 thru HR-18 (2)
up to 100% (Pre-App required for > 30%) UC or UI N/A Required % of WHP Units (3) Standard Density 5% Maximum Density 16% WHP Density Bonus 34% UC or UI 15% Required WHP Ranges
(4)(6) Low (60-80%) 25% Moderate 1 (> 80-100%) 25% Moderate 2 (> 100-120%) 25% Middle (> 120 or ≤ 140%) 25% Provision of Units Option 1 Construct units off site. (Art. 5.G.1.G.1)
Option 2 Purchase existing market rate units and deed to the County or sell to eligible households and deed restrict. (Art. 5.G.1.G.2) Option 3 Donate build-able land acceptable
to the County in an amount = or > than the buyout cost. (Art. 5.G.1.G.3) Option 4 In-lieu Payment. (Art. 5.G.1.G.4) [Ord. 2006-055] [Ord. 2007-013] [Ord. 2010-005] [Ord. 2010-022]
Notes: 1. Shall also apply to mixed use projects with applicable underlying FLU designations for Commercial and Industrial Mixed Use Development. [Ord. 2006-055] 2. A density bonus
of > 30% shall be permitted subject to meeting the additional standards of Art. 5.G.1.H, Additional Requirements for > 30% Density Bonus. [Ord. 2006-055] 3. Percentages shall be rounded
up to the nearest whole number. [Ord. 2006-055] 4. Based on County Median Income. Where assigning units to a category, priority may be given to middle income first, proceeding downward
to low income (i.e. where 3 units are required, the first shall be middle [> 120 or ≤ 140%]; the 2nd Moderate 2 [> 100120%]; and, the 3rd Moderate 1 [> 80-100%]). This does not prohibit
allowing higher numbers of lower income units. [Ord. 2006055] [Ord. 2007-013] [Ord. 2010-005] 5. All units not located on site shall comply with requirements of onsite units. [Ord.
2006-055] [Ord. 2010-005] 6. UC or UI applications: Consideration may be given to additional affordable housing household incomes in developments requesting all or a portion of the
15% unit requirement within their proposal be based on the programmatic requirements imposed by a governmental agency providing affordable housing funding or by an entity with programmatic
requirements (e.g., Habitat for Humanity or a Community Land Trust). The final determination is to be made by the Planning Director or designee. [Ord. 2010-022] 1. Exemptions a.
Projects utilizing the AHP shall not be subject to the requirements of the WHP. [Ord. 2010-005] b. All congregate living facilities (CLFs); and, nursing or convalescent facilities.
[Ord. 2006-055] 2. Limitations WHP units shall not be subject to restrictions beyond income qualifications. [Ord. 2010-005] 3. Income Ranges There are four targeted income range categories
in the WHP pursuant to Table 5.G.1.B, Workforce Housing Program. Applicants shall not be required to provide units in a category when the category price is greater than the median
sales price for the County. These units would be eligible for the InLieu payment pursuant to Art. 5.G.1.G.4, Option 4 – In Lieu Payment, or distributed equally among the remaining
targeted income ranges. [Ord. 2010-005] 4. When WHP and AHP Units are Proposed The Planning Director shall make a determination as to which program shall be followed when projects
include units targeting both income groups. [Ord. 2010-005] C. Development Options 1. No Incentives A proposal requesting no additional WHP density bonus; TDR units; WHP - TPS special
methodology mitigation; WHP expedited review; WHP site plan regulation options; or any additional WHP incentive shall comply with the following: [Ord. 2010-005] a. All dwelling units
proposed shall be required to target households with incomes from 60 percent to 140 percent of AMI. [Ord. 2010-005] Unified Land Development Code Supplement No. 24 (Printed 10/18)
Article 5 - Supplementary Standards 77 of 110 b. To be eligible no more than 90 percent of the total project units can be built within any one of the four targeted income categories;
all other units must be built in any one, or any combination thereof, of the remaining three income categories. [Ord. 2010-005] c. All for sale units which includes attached and detached
housing types shall be required to be income restricted for a period of 7 years (non-recurring) [Ord. 2010-005] d. All units within a rental development utilizing this development
option will be required to be income restricted for a period of 30 years (non-recurring). [Ord. 2010-005] e. Projects developed under this option shall not be permitted to utilize
the payment in lieu of construction provisions as outlined in Art. 5.G.1.B.3, Income Ranges or Art. 5.G.1.I.5, Release of Obligation to Construct WHP For Sale Units. [Ord. 2010-005]
2. Limited Incentive An applicant may receive no more than 50 percent of the potential density bonus as provided in this Chapter. [Ord. 2011-001] a. The required percentage of WHP units
will also be limited to: 2.5 percent of Standard Density; 8 percent of PUD Density and 17 percent of the WHP density bonus. [Ord. 2010-005] b. 50% of the required WHP units shall be
set aside for low income households (households that earn between 60 percent and 80 percent of the County’s median income) and 50 percent of the required WHP units shall be set aside
for moderate 1 income households (households that earn between 80 percent and 100 percent of the County’s median income). [Ord. 2010-005] c. The WHP - TPS special methodology mitigation,
the WHP expedited review, the WHP site plan regulation options and any additional WHP incentives will be available if requested. [Ord. 2010005] d. All for sale units shall be income
restricted for a period of 15 years (recurring). Each WHP unit shall be sold, resold, or rented only to Low or Moderate 1 income qualified households and the WHP restrictions remain
in effect for 15 years from the date each unit is first purchased or rented, In the event a unit is resold before the 15 year period concludes, a new 15 year period shall take effect
on the date of resale. [Ord. 2010-005] e. All units within a rental development utilizing this development option will be required to be income restricted for a period of 30 years
(non-recurring). [Ord. 2010-005] 3. Full Incentive A proposal requesting consideration for all available WHP incentives, as indicated in the following Table 5.G.1.B, Workforce Housing
Program, and following text. [Ord. 2010-005] D. Design Requirements 1. Design WHP units shall be designed to be compatible with the overall project, as follows: [Ord. 2006-055] a.
All WHP units shall be constructed on site, unless approved otherwise in accordance with Art. 5.G.1.G, WHP Off Site Options; [Ord. 2006-055] [Ord. 2010-055] b. All affordable units
shall be designed to a compatible exterior standard as other units within the development or pod/phase and shall be comparable with the surrounding land uses; and [Ord. 2006-055] [Ord.
2010-005] c. Required WHP units may be clustered or dispersed throughout the project. [Ord. 2006-055] E. WHP Incentives All projects with 10 or more residential units shall be eligible
for WHP Incentives. [Ord. 2006-055] 1. Density Bonus Table 5.G.1.B, Workforce Housing Program, delineates the ranges of density bonus allowed for the WHP. For the purposes of this
Section, permitted density shall be the number of units allowed by the standard density allowed by the Plan; or, the maximum density allowed by the Plan, where developed as a PDD, TDD
or other density provision of the Plan. TDR units or any other density bonus shall not be included as part of the permitted density for purposes of calculating the WHP density bonus.
To ensure compliance with the compatibility requirement of HE Objective 1.5 of the Plan, projects requesting a density bonus greater than 30 percent shall be subject to the requirements
of Table 5.G.1.E, Review Process, and Art. 5.G.1.H, Additional Requirements for > 30% Density Bonus. [Ord. 2006-055] (This space intentionally left blank) Unified Land Development
Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 78 of 110 Table 5.G.1.E - Review Process Density Bonus DRO Approval Class A Conditional Use Standard District
> 30% - 50% X Standard District > 50% - 100% X PDD or TDD > 30% - 100% X [Ord. 2006-055] [Ord. 2017-007] 2. Traffic Performance Standards Mitigation a. WHP Special Methodologies
TPS mitigation shall be permitted for WHP projects in accordance with County Comprehensive Plan Transportation Element Policy 1.2-d (4). [Ord. 2006-055] [Ord. 2011-016] b. WHP Traffic
Concurrency Hall Pass TPS mitigation shall also include the option of applying for a WHP Traffic Concurrency Hall Pass separate from a development order application. The WHP Traffic
Concurrency Hall Pass serves as a provisional traffic concurrency approval for a period of not more than 90 days, during which it must be merged into an application submitted for a
Concurrency Reservation approval. The WHP Traffic Concurrency Hall Pass is described further in Art. 2.F, Concurrency (Adequate Public Facility Standards). [Ord. 2006-055] 3. Expedited
Review The following expedited review processes may apply to a proposed WHP development: [Ord. 2006055] a. Design Review Review of multifamily or townhouse structures by the Building
Division and Fire Rescue shall be allowed concurrent with final DRO review, prior to permit application. [Ord. 2006-055] b. Platting 1) If only a boundary plat is required for an existing
single lot, building permits may be issued after submittal of the final plat for recordation. [Ord. 2006-055] 2) If a subdivision plat is required, permits will be concurrently reviewed,
but only issued at recording of the plat. [Ord. 2006-055] 3) Pursuant to Art. 3.E.1.G.1.a, Permits, Building permits may be issued for sales offices, sales models, gate houses, entry
features, and utilities may be issued prior to the recording of a final plat. [Ord. 2006-055] 4. Density Bonus Development Options a. Purpose and Intent To provide flexibility from
property development and other related regulations in order to provide greater opportunity for cost effective development of WHP units. These provisions are not intended to supersede
deviations that are normally addressed through the variance process. These options shall only be granted at the time of approval for the entire project, and shall not be granted on
a lot-by-lot basis. [Ord. 2006-055] b. Applicability Projects with ten or more units that utilize a density bonus incentive and are subject to the requirements of the WHP may utilize
the Development Options listed herein. [Ord. 2006-055] c. Justification Report Use of Density Bonus Development Options shall not be granted by right, and shall require submittal of
a justification report that demonstrates that deviations are the minimum needed to allow for the use of density bonus incentives. The report shall include the following: [Ord. 2006055]
1) The regulations that are proposed to be modified. [Ord. 2006-055] 2) The amounts and specifics of the requested deviation(s). [Ord. 2006-055] 3) The areas within the development
that the deviation(s) will be applied to. [Ord. 2006-055] 4) Graphic representations such as, but not limited to, site plans, elevations, perspectives, and typical examples, showing
how the deviations will meet the intent of the district and WHP with emphasis on open space, privacy, maintenance, and public health, safety and welfare. [Ord. 2006-055] d. Site Plan
Approval All projects requesting Density Bonus Development Options, shall submit an application and site plan to the DRO for certification where applicable, and for final site plan
approval for all others. The site plan shall indicate in the tabular data all Development Options requested and where Unified Land Development Code Supplement No. 24 (Printed 10/18)
Article 5 - Supplementary Standards 79 of 110 feasible, a regulating plan shall be included to provide typical examples. Approval shall be granted only for the minimum deviations
needed to allow for the use of density bonus incentives and where the requirements of all applicable reviewing agencies have been met. [Ord. 2006055] e. Drainage Any reduction in lot
size or open space area, or increase in building coverage shall be subject to approval of a drainage study demonstrating that reduced pervious surface area will not create adverse drainage
issues. [Ord. 2006-055] f. Option 1 - RT District The zoning for parcels electing to use this option must be in compliance with Table 3.A.3.B, Future Land Use (FLU) Designation and
Corresponding Standard Zoning Districts. [Ord. 2008037] 1) RT PDR Deviations Deviations from the minimum PDRs for the RT district with a LR-2 or LR-3 FLU designation may be in accordance
with Table 5.G.1.E, RT Deviations for WHP, only for those projects that qualify for maximum density in accordance with Table 2.1-1, Residential Categories and Allowed Densities, of
the FLU Element of the Plan, and utilize a minimum density bonus of 20 percent. [Ord. 2006-055] Table 5.G.1.E - RT Deviations for WHP (1) Zoning District Applicability FLU Lot Dimensions
Setbacks Size Width and Frontage Building Coverage Depth Side Rear RT Infill, TDR LR-1 14,000 sf ND ND ND ND ND RT Infill, TDR, WHP LR-2 12,000 sf 85’ 35% 100’ ND ND RT Infill, TDR,
WHP LR-3 9,000 sf 65’ 40% 80’ 1st Floor 10’ 1st floor – 15’ [Ord. 2006-055] Notes: ND No deviation. 1. Eligible projects must quality for maximum density in accordance with FLUE Table
III.C.1, Residential Categories and Allowed Densities, of the FLU Element of the Plan, and use. [Ord. 2006-055] g. Option 2 - TND Regulations Projects eligible for this option shall
be permitted to utilize the PDRs of Table 3.F.3.D, TND Residential Lot Size and Setback Regulations, subject to meeting the requirements of Art. 3.F.3.D.5, Residential Uses and the
following limitations: [Ord. 2006-055] 1) U/S Tier Only; [Ord. 2006-055] 2) Project does not qualify to be a TND or use Option 1 or 3; [Ord. 2006-055] 3) If the subject site has a
LR-1, LR-2, LR-3 or MR-5 FLU designation, the project shall meet all requirements for and be approved as a PDD; [Ord. 2006-055] h. Option 3 - Flexible Regulations Projects with MR-5,
HR-8, HR-12, HR-18 FLU designations, or if approved as a PDD or TDD, may deviate from the residential requirements of Table 3.D.1.A, Property Development Regulations, or Table 3.D.2.B,
ZLL Property Development Regulations, as follows: [Ord. 2006055] 1) SFD units may be permitted up to a maximum ten percent deviation for the following PDRs: lot size; width and frontage;
building coverage; and, side, and rear setbacks. [Ord. 2006055] 2) SFD units limited to one floor with no loft or other similar feature, may be permitted up to a maximum 20 percent
deviation for the following PDR’s: building coverage; and front and side street setbacks. [Ord. 2006-055] 3) ZLL lots may be permitted up to a maximum lot width reduction of five
feet, and ten percent deviation from the minimum lot size, building coverage, and front setback for units with front loading garages. [Ord. 2006-055] i. Option 4 - PDD Open Space Reduction
Projects which elect to utilize a density bonus of not less than 15 percent, may reduce the 40 percent open space requirement of Table 3.E.2.C, PUD Land Use Mix, to not less than 30
percent open space, provided the project incorporates common usable open space areas as defined in Art. 1.I.2.U.18, Usable Open Space for WHP. [Ord. 2006-055] Unified Land Development
Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 80 of 110 j. Option 5 – Internal Incompatibility Buffers Required incompatibility buffers between SFD and
MF units within a WHP development shall not be required. [Ord. 2006-055] k. Option 6 – Relocation of Units to Civic Tracts Residential units may be permitted in a civic pod subject
to PREM approval. This may include collocating residential units with civic uses. The DRO shall have the following authority where PREM approval is obtained after BCC approval of
the overall project: [Ord. 2006-055] 1) In the case of a civic site cash out, the deletion of the civic pod and increase in residential pod area; or, [Ord. 2006-055] [Ord. 2010-005]
2) The relocation of residential units to a civic pod, or the relocation of residential units where the civic pod is deleted. [Ord. 2006-055] F. WHP On-site Construction WHP units
may be located on-site in accordance with the provisions of Art. 5.G.1.C, Workforce Development Alternatives; however, under no circumstances shall any site be permitted to develop
at a density greater than that permitted by the Plan. Prior to final DRO approval, the applicant shall identify on the plan the total number of WHP units proposed for development within
each pod or phase, as applicable. The plan shall also indicate the number of units in each applicable WHP income category. All of the WHP units shall not be constructed in the last
phase of a multi-phased development except for a Development Order Amendment to a Development Order approved prior to WHP requirements. [Ord. 2010-005] [Ord. 2012-003] G. WHP Off-site
Options WHP units may be located off-site using the options listed below and in accordance with the provisions of Table 5.G.1.B, Workforce Housing Program; however, under no circumstances
shall any site be permitted to develop at a density greater than that permitted by the Plan. Prior to issuance of a building permit, or final DRO approval if applicable, all contracts
or related agreements for any off-site option evidencing site control and necessary approvals shall be approved by the County Administrator, or designee. Prior to final DRO approval,
the applicant shall identify the total number of WHP units proposed for development off-site including the number in each applicable WHP income category. Off-site options may be accommodated
in municipalities located within Palm Beach County. [Ord. 2006-055] [Ord. 2010-005] 1. Option 1 – Off-site Construction Building permits shall be issued for a minimum of 25-percent
of the required WHP units to be constructed off-site prior to the issuance of no more than 25-percent of the building permits in the subject development. All off-site WHP units must
receive CO prior to issuance of no more than 85percent of the CO’s in the subject development. [Ord. 2006-0455] [Ord. 2010-005] a. WCRAO – Off-site construction of the required WHP
units within the low income range shall be limited to ten percent. [Ord. 2008-037] 2. Option 2 – Purchase Market Rate Units Purchase of an equivalent number of existing market rate
units to be deeded to the County or sold to eligible households and deed restricted. The developer may retain the title to off site units subject to recordation of a deed restriction
that meets the intent of this provision. A minimum of 50-percent of the units must be purchased and deeded to the County or deed restricted prior to the issuance of no more than 25-percent
of the building permits in the subject development. All market rate units shall be purchased and deeded to the County or deed restricted prior to issuance of no more than 85percent
of the CO’s in the subject development. [Ord. 2006-055] [Ord. 2010-005] 3. Option 3 – Donate Buildable Land Donation of developable land acceptable to the County in an amount equal
to the buyout costs of the affected units. Donated land must be deeded to the County prior to issuance of the first building permit in the subject development. [Ord. 2006-055] 4.
Option 4 – In-lieu Payment (Prior to Issuance of First Residential Unit Building Permit) The in-lieu payment for all WHP units shall be $81,500 per for sale unit and $50,000 per rental
unit. The payment shall be deposited in the WHP Trust Fund maintained by the PBC Department of HCD at the time of issuance of the first residential unit building permit for the subject
development. [Ord. 2006-055] [Ord. 2010-005] H. Additional Requirements for >30% Density Bonus Projects requesting a density bonus greater than 30 percent shall comply with the following:
[Ord. 2006055] 1. Sector Analysis WHP projects, including relocated WHP units, shall be equitably distributed so that there is no undue concentration of very-low and low income households.
Table 5.G.1.H, WHP Density Bonus Guide Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 81 of 110 indicates the maximum density
bonus permitted and the concentration of very-low and low income housing within a sector will be one factor taken into consideration when determining the maximum density bonus permitted.
Other factors to be considered include: the location of the proposed development and its relationship to the study area; the housing type(s) proposed; if the development site is located
within 1/4 mile radius of a public park (neighborhood or regional park, not a golf course); civic uses (schools/libraries); a mass transit facility/route; child care facilities; medical
facilities; a super market; a community commercial facility; employment opportunities; and within 1/2 mile radius of social services; a regional commercial facility; an industrial
facility; additional civic uses and employment opportunities. Prior to submittal of a WHP pre-application, the applicant shall meet with the Planning Director or designee to establish
the sector within which the distribution analysis shall be conducted. The boundaries of the sector shall be approved by the Planning Director or designee. The maximum density bonus
permitted or a bonus in excess of the maximum shall be recommended by the Planning Director or designee. [Ord. 2010-005] Table 5.G.1.H - WHP Density Bonus Guide % of Very Low & Low
Income Households in Sector > 50% 40-50% 20-40% 0-20% Maximum Density Bonus (1) up to 40% up to 60% up to 80% up to 100% [Ord. 2009-01] [Ord. 2010-005] Notes: 1. The Planning Director
may recommend a density bonus in excess of the Maximum Density Bonus where the project serves to mitigate existing very low and low income concentrations by including a mix of higher
income market rate units or Medium 1, Medium 2 and Middle Income WHP units. [Ord. 2006-055] a. The sector shall be proportional to the size and character of the proposed development.
At a minimum, the sector shall consist of one or more neighborhoods that include features such as schools, shopping areas, an integrated network of residential and collector streets
bounded by arterial roads, civic uses, localized shopping, and employment opportunities. For data and analysis purposes, the sector shall be adjusted to accommodate census tracts or
census block groups but shall not extend beyond important physical boundaries that may include a major arterial roadway or a wildlife refuge. [Ord. 2006-055] b. Household income characteristics
for the sector shall be derived from the most current available census data. The income level of a “family of four” shall be used for the determination of households within the low,
moderate and middle income household categories. The analysis of housing and demographic data within the sector shall be in a manner and form approved by the Planning Director. [Ord.
2006-055] 2. Pre-Application An application for density bonus greater than 30 percent shall require the submittal of a preapplication prior to submittal of a Zoning or Building permit
application for purposes of establishing a density bonus determination. [Ord. 2006-055] a. Contents The pre-application shall be in a form established by the Planning Director, and
made available to the public. [Ord. 2006-055] b. Sufficiency Review The pre-application shall be subject to the provisions of Art. 2.B.2 or Art. 2.C.2, Sufficiency Review. [Ord. 2006-055]
c. Compliance The density bonus shall not be granted until the project is found in compliance with HE 1.5.h. in the Plan. [Ord. 2006-055] d. Density Determination The Planning Director
shall provide a written density determination letter within ten days of determining the pre-application is sufficient. The determination shall be based on the sector analysis, size,
location and development characteristics of the project with consideration given towards affordability, accessibility, proximity to mass transit or employment centers, compatibility,
quality of design, pedestrian and vehicular circulation, open space, and resource protection. The Planning Director shall prepare a report for the applicant, DRO, ZC, or BCC, whichever
is appropriate, making a determination of compliance with this chapter, consistency with the Plan and recommend approval, approval with conditions, or denial of the request. [Ord.
2006-055] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 82 of 110 I. Affordability Requirements Where applicable, the required
percentage, affordability ranges and provision of units, shall be in accordance with Table 5.G.1.B, Workforce Housing Program. [Ord. 2006-055] 1. Sales and Rental Prices of WHP Units
All required WHP units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. The sale and rent prices shall be updated annually by
the Planning Director, or designee, with the sale prices based on the Area Median Income (AMI), and the household income limits for PBC (West Palm Beach/Boca Raton metropolitan statistical
area) for a family of four, which pricing shall not be adjusted based on the number of occupants, as published annually by HUD (sale price: household income figure multiplied by three
and priced at the middle of each of the four WHP income categories), and rental prices based on the annual Florida Housing Finance Corporation Multi-Family Rental Figures as adjusted
for number of bedrooms in WHP rental units. The minimum WHP price initially established at the time of approval for each for sale unit within each WHP category range will be the sales
floor. This sales floor shall serve as the minimum sales price point required throughout the applicable deed restriction time frame. The minimum WHP price initially established at
the time of approval for each rental unit within each WHP income category range will be the rental floor. This rental floor shall serve as the minimum rental price point required throughout
the thirty (30) year term of this Covenant. Any utility allowances applied against gross maximum WHP unit rents shall also be adjusted based on a number of bedrooms in WHP rental units.
A chart with the sales and rent prices will be maintained and updated annually by the County. [Ord. 2006-055] [Ord. 2010005] [Ord. 2012-003] [Ord. 2012-027] a. Utility Allowance Utilities
shall include, but not be limited to, water, sewer, gas and electric. When one or more utility cost(s) are included within the WHP unit rent price, and reasonable, reliable and verifiable
documentation is provided that indicates the total utility cost included within the WHP unit rent price meets or exceeds the stated utility allowance cost, then the utility allowance
requirement would be waived. If the information provided constitutes an amount less than the prescribed utility allowance, the value may be applied against the utility allowance and
the remaining balance shall be credited to the WHP resident’s rent cost. [Ord. 2012-003] 2. Master Covenant Prior to issuance of the first building permit, the applicant shall record
in the public records of Palm Beach County a Covenant binding the entire project, in a form provided for by the County, which identifies each required WHP unit. [Ord. 2006-055] [Ord.
2010-005] a. For Sale Units The Covenant shall include but not be limited to restrictions requiring: that all identified WHP units shall be sold, resold or rented only to low, moderate
1, moderate 2, or middle-income qualified households at an attainable housing cost for each of the targeted income ranges; that these restrictions remain in effect for 15 years recurring
from the date of the certificate of occupancy for each unit; and that in the event a unit is resold before the 15 year period concludes, a new 15 year period shall take effect on the
date of resale. The Covenant shall further provide monitoring and compliance requirements including but not limited those set forth below to ensure compliance with the WHP. Every
deed for sale of a WHP housing unit shall incorporate by reference the controlling Covenant. [Ord. 2006-055] [Ord. 2010-005] b. Rental Units The Covenant shall include but not be limited
to restrictions requiring: that all identified WHP units shall be rented only to low, moderate 1, moderate 2, or middle-income qualified households at an attainable housing cost for
each of the targeted income ranges; that these restrictions remain in effect for a period of 30 years (non-recurring) from the date of occupancy of the first WHP unit; and that in the
event a rental complex is resold before the 30 year period concludes, the new owner assumes the requirement for the number of remaining years; and the number of years remaining shall
be determined by the Planning Director or his designee; and shall take effect on the date of resale. The Covenant shall further provide monitoring and compliance requirements including
but not limited to those set forth below to ensure compliance with the WHP. Every deed for a rental development with WHP housing units and every rental agreement for each WHP unit
shall incorporate by reference the controlling Covenant. [Ord. 2010-005] 3. Monitoring and Compliance Prior to the sale, resale, or at the time of the rental of any WHP unit established
pursuant to this program, the seller of a for-sale unit or the owner of a rental development shall provide the Planning Director, or designee, documentation sufficient to demonstrate
compliance with the WHP. Such Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 83 of 110 documentation shall include but not be
limited to information regarding the identity and income of all occupants of the WHP unit. The owner of the WHP unit shall submit to the Planning Director, or designee, on a form provided
by the County, an annual report containing information and documentation to demonstrate continued compliance with the WHP and a copy of any monitoring information provided to and received
from the appropriate funding agency/source. The County may conduct site visits at reasonable times, or perform other independent investigation to verify continued compliance with the
WHP. [Ord. 2006-055] [Ord. 2010-005] 4. Enforcement The County may enforce the requirements of the WHP through any cause of action available at law or equity, including but not limited
to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, reclassification of a lesser unit to another income category, and tolling of the 15-year
recurring term of for sale units or the 30 year non-recurring term for rental units of the WHP. [Ord. 2006-055] [Ord. 2010-005] 5. Release of Obligation to Construct WHP For-Sale Units
It is not the intent of the WHP provisions to require a developer to commence construction on any WHP for sale unit for which a valid and binding contract for purchase between developer
and buyer has not been executed. It is intended that all WHP units will be marketed in the same manner as the market-rate units within a development. In the event a WHP unit eligible
for contract: (i) has been available for purchase for a period not less than 180 days and no contract to purchase that unit has been executed during the 180 day period; and, (ii) is
located within a development pod/phase in which not less than 80 percent of the for sale market rate units (i.e. non WHP units) have binding purchase contracts; then that specific WHP
unit is eligible to be released from the WHP obligations indicated in the Covenant. [Ord. 2006-055] [Ord. 2010-005] [Ord. 2012-027] a. For Sale Units When a WHP unit is not purchased
in accordance with the provisions above, an In-Lieu cash payment shall be permitted as follows: [Ord. 2010-005] Upon payment of the required In-Lieu cash payment, the WHP unit/lot
shall thereafter be released from any and all obligations of the WHP requirements of the ULDC and the County shall provide written confirmation that the unit/lot has been released,
inclusive of release from the Covenant. The County shall utilize cash payments for the express purpose of providing down payment assistance to eligible households seeking to purchase
WHP units. To the greatest extent possible, the down payment assistance provided by the County shall be utilized for the purchase of WHP units from the project from which the cash
payment was provided. The payment shall be deposited in a WHP Trust Fund maintained by the PBC Department of HCD, and designated for the above referenced purpose. [Ord. 2010-005]
[Ord. 2012-027] 1) if the price differential between the required WHP unit and the contract price for the market rate unit is less than or equal to $20,000, then the In-Lieu cash payment
shall be $10,000; [Ord. 2010-005] 2) if the price differential between the required WHP unit and the contract price for the market rate unit is greater than $20,000 and less than $81,250,
then the In-Lieu cash payment shall be one half (50 percent) of the difference; and, [Ord. 2010-005] 3) if the price differential between the required WHP unit and the contract price
for the market rate unit is greater than or equal to $81,250, then the In-Lieu cash payment shall be $40,750. [Ord. 2010-005] The contract price of any for sale market rate unit shall
be the base price of the unit and shall not include any lot premium and/or buyer purchased upgrades that are in addition to the base price of the unit. The Developer shall provide
written notice to the Department of Planning, Zoning and Building requesting confirmation of the In-Lieu cash payment amount, which request shall include: a copy of the executed purchase
contract between seller and purchaser denoting the purchase price of the unit, but shall not be required to submit any information relative to any lot premium and upgrades that are
in addition to the base price of the unit; the project name, zoning control number, PCN, and address of the lot; and, the calculation as to the amount of the In-Lieu cash payment amount
being requested. [Ord. 2010-005] The County shall provide written confirmation to the Developer, within ten 10 business days of receipt, as to the County’s agreement/disagreement with
the In-Lieu cash payment amount requested by the Developer. [Ord. 2010-005] Upon payment of the required In-Lieu cash payment, the WHP unit/lot shall thereafter be released from any
and all obligations of the WHP requirements of the ULDC and the County shall provide written confirmation that the unit/lot has been released, inclusive of release from the Covenant.
Units Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 84 of 110 which are not required to be constructed pursuant to Art. 5.G.1.B.3,
Income Ranges are not eligible for this reduced in-lieu payment. These units must provide in-lieu payment consistent with Art. 5.G.1.G.4, Option 4 – In Lieu Cash Payment. The County
shall utilize cash payments for the express purpose of providing down payment assistance to eligible households seeking to purchase WHP units. To the greatest extent possible, the
down payment assistance provided by the County shall be utilized for the purchase of WHP units from the project from which the cash payment was provided. The payment shall be deposited
in a WHP Trust Fund maintained by the PBC Department of HCD, and designated for the above referenced purpose. [Ord. 2010-005] b. “Available for purchase” shall be defined as: 1) written
notice is provided to the Planning Director and the Department of Housing and Community Development and to a list of interested parties provided to the developer by the County that
developer has a project approved which requires the construction of WHP units and the developer is ready to commence sales of the required WHP unit within the development. The written
notice shall include the location of the subject property, the location of the sales office, the hours of the sales office, the floor plan and construction specifications for the WHP
unit available for contract; and the pricing of the WHP unit available for contract; [Ord. 2010-005] 2) developer shall include in the sales office displays and WHP unit promotional
brochures produced as of and during the entire duration of the effective period as defined in Art. 5.G.1.I.5 Release of Obligation to Construct WHP For Sale Units, (i) and (ii) above,
that certain units within the project are subject to the WHP provisions of Palm Beach County and are available for purchase for qualified households; [Ord. 2010-005] 3) the inclusion
of informational packets in the sales center for those interested in purchasing a WHP unit which provides the qualification standards, terms of the Covenant, where to go to get qualified,
and other relevant information regarding the WHP units (note this packet to be provided by or approved by Palm Beach County prior to placement on the sales floor); [Ord. 2010-005]
4) at the time WHP units become available for purchase the developer shall provide to the Palm Beach County Department of Planning, Zoning and Building proof of out-reach to local housing
advocacy groups and others on the interested parties list. [Ord. 2010-005] 5) the developer acts in good faith to market and sell the unit during the effective period as defined in
Art. 5.G.1.I.5 Release of Obligation to Construct WHP For Sale Units, above. [Ord. 2010-005] 6. Event of Default of for sale WHP unit following execution of binding contract: In the
event of default by the purchaser of a for sale WHP unit after execution of a binding contract and prior to closing, the developer shall be permitted to provide the In-Lieu cash payment
(in the amount as determined using for formula outlined in Section 5.G.1.I.6. above) and shall be permitted to be released from the WHP obligations for the defaulted unit, inclusive
of the release from the Covenant, upon the later of either of the two events having occurred: [Ord. 2010-005] a. the first inspection of the WHP unit subject to the default occurred
not less than one hundred and eighty (180) days prior to the request to provide the In-Lieu cash payment; or [Ord. 2010-005] b. the WHP unit subject to the default is located within
a development pod/phase in which not less than 80% of the for sale market rate units (i.e. non WHP units) have binding purchase contracts. The Developer shall provide written notice
upon the event of default on a required WHP unit to the Palm Beach County Department of Planning, Zoning and Building, the Department of Housing and Community Development and to the
list of interested parties indicating that: [Ord. 2010-005] 1) a default occurred on a required WHP unit; [Ord. 2010-005] 2) the specifics of the defaulted lot (WHP income category,
location of the project, PCN for the WHP unit, WHP price of the unit, square footage of the unit, and floor plan of the unit); and, [Ord. 2010-005] 3) that the unit remains available
for purchase to an eligible WHP household until such time as an In-Lieu cash payment is made pursuant to the later of the two timing mechanism having been met. [Ord. 2010-005] 7. Compatibility
The resulting development shall be compatible with surrounding residential land uses, as described herein. [Ord. 2005 – 002] J. Annual Report The Executive Director of PZB shall
submit an annual report to the BCC indicating the status of the WHP. [Ord. 2006-055] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards
85 of 110 Section 2 Affordable Housing Program (AHP) A. Purpose and Intent The AHP implements HE Policies 1.1-o and 1.5-g of the Plan, among others, by establishing an AHP. The
AHP is a voluntary program used by an applicant seeking additional density for an affordable housing development. An AHP applicant elects to provide at a minimum 65 percent of the
total number of dwelling units targeted to households at incomes of 60 percent of Area Median Income (AMI) and below. In any proposal a maximum of 20 percent of all units will target
incomes of 30 percent and below AMI. The program ensures a minimum affordability period, and provides for a density bonus and other incentives. The program is intended to increase
the supply of housing opportunities for persons employed in PBC in jobs that residents rely upon to make the community viable. Consideration may be given to developments requesting
income percentage targets that are different from those previously indicated, based on programmatic requirements imposed by a governmental agency providing affordable housing funding
or another entity with different programmatic requirements, with the final determination made by the Executive Director of Planning, Zoning and Building or designee. [Ord. 2009-040]
[Ord. 2012-003] B. Applicability In cases of conflict between this Chapter and other Articles of this Code, the provisions of this Chapter shall apply. The AHP shall apply to developments
with a residential component of 10 or more dwelling units with all units being built on site. This shall include the expansion of existing projects that add 10 or more dwelling units,
where the program shall apply to those units being added. Requirements and limitations are further defined in Table 5.G.2.B, Affordable Housing Program. [Ord. 2009-040] 1. Exemptions
Congregate living facilities (CLFs); and, nursing or convalescent facilities. [Ord. 2009-040] 2. Limitation on Restrictions AHP units shall not be subject to restrictions beyond income
qualifications except those restrictions imposed by a governmental agency providing affordable housing financing. [Ord. 2009-040] Table 5.G.2.B - Affordable Housing Program Applicability
Location: Tier or Overlay U/S FLU (1) LR-1, LR-2, LR-3, MR-5, HR-8, HR-12, HR-18 Density Bonus Incentive LR-1 thru LR-3 0 – 30% (3) MR-5 thru HR-18 (2) 0 – 100% (3) [Ord. 2009-040]
Notes: 1. Shall also apply to mixed use projects with applicable underlying FLU designations for Commercial and Industrial Mixed Use Development. [Ord. 2009-040] 2. A density bonus
of >30% shall be permitted subject to meeting the additional standards of Art. 5.G.1.H, Additional Requirements for >30% Density Bonus. [Ord. 2009-040] 3. Percentages shall be rounded
up to the nearest whole number. [Ord. 2009-040] Affordability: A minimum of 65% of all units at 60% of AMI or below and a 20% maximum of all units at 30% and below AMI. [Ord. 2009-040]
C. Design Requirements AHP units shall be designed to be compatible with the overall project, as follows: [Ord. 2009-040] 1. All AHP units shall be constructed on site; [Ord. 2009-040]
2. All units shall be designed to a compatible exterior standard as other units within the development or pod; and [Ord. 2009-040] 3. AHP units may be clustered or dispersed throughout
the project. [Ord. 2009-040] D. AHP Incentives All projects with 10 or more residential units shall be eligible for AHP Incentives. [Ord. 2009-040] 1. Density Bonus Table 5.G.2.B,
Affordable Housing Program, delineates the ranges of density bonus allowed for the AHP by land use category. For the purposes of this Section, permitted density shall be the number
of units allowed by the standard density allowed by the Plan; or, the maximum density allowed by the Plan, where developed as a PDD, TDD or other density provision of the Plan. TDR
units or any other density bonus shall not be included as part of the permitted density for purposes of calculating the AHP density bonus. To ensure compliance with the compatibility
requirement of HE Objective 1.5 of Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 86 of 110 the Plan, projects requesting a density
bonus shall be subject to the requirements of Table 5.G.2.D, Review Process, and Art. 5.G.2.E, Additional Requirements for Density Bonus. [Ord. 2009-040] Table 5.G.2.D – Review Process
Density Bonus DRO Approval Class A Conditional Use Standard District >30% - 50% X Standard District >50% - 100% X PDD or TDD >30% - 100% X [Ord. 2009-040] [Ord. 2017-025] 2. Traffic
Performance Standards Mitigation a. AHP Special Methodologies TPS mitigation shall be permitted for AHP projects in accordance with County Comprehensive Plan Transportation Element
Policy 1.2-d (4). [Ord. 2009-040] [Ord. 2011-016] b. AHP Traffic Concurrency Hall Pass TPS mitigation shall also include the option of applying for an AHP Traffic Concurrency Hall
Pass separate from a development order application. The AHP Traffic Concurrency Hall Pass serves as a provisional traffic concurrency approval for a period of not more than 90 days,
during which it must be merged into an application submitted for a Concurrency Reservation approval. The AHP Traffic Concurrency Hall Pass is described further in Art. 2.F, Concurrency
. [Ord. 2009-040] 3. Expedited Review The following expedited review processes may apply to a proposed AHP development: [Ord. 2009040] a. Design Review Review of multifamily or townhouse
structures by the Building Division and Fire Rescue shall be allowed concurrent with final DRO review, prior to permit application. [Ord. 2009-040] b. Platting 1) If only a boundary
plat is required for an existing single lot, building permits may be issued after submittal of the final plat for recordation. [Ord. 2009-040] 2) If a subdivision plat is required,
permits will be concurrently reviewed, but only issued at recording of the plat. [Ord. 2009-040] 3) Pursuant to Art. 3.E.1.G.1.a, Permits, Building permits for sales offices, sales
models, gate houses, entry features, and utilities may be issued prior to the recording of a final plat. [Ord. 2009-040] 4. Density Bonus Development Options a. Purpose and Intent
To provide flexibility from property development and other related regulations in order to provide greater opportunity for cost effective development of AHP units. These provisions
are not intended to supersede deviations that are normally addressed through the variance process. These options shall only be granted at the time of approval for the entire project,
and shall not be granted on a lot-by-lot basis. [Ord. 2009-040] b. Applicability Projects with ten or more units that utilize a density bonus incentive and are subject to the requirements
of the AHP may utilize the Development Options listed herein. [Ord. 2009-040] c. Justification Report Use of Density Bonus Development Options shall not be granted by right, and shall
require submittal of a justification report that demonstrates that deviations are the minimum needed to allow for the use of density bonus incentives. The report shall include the
following: [Ord. 2009040] 1) The regulations that are proposed to be modified. [Ord. 2009-040] 2) The amounts and specifics of the requested deviation(s). [Ord. 2009-040] 3) The
areas within the development that the deviation(s) will be applied to. [Ord. 2009-040] 4) Graphic representations such as, but not limited to, site plans, elevations, perspectives,
and typical examples, showing how the deviations will meet the intent of the district and AHP with emphasis on open space, privacy, maintenance, and public health, safety and welfare.
[Ord. 2009-040] (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 87 of 110 d. Site Plan
Approval All projects requesting Density Bonus Development Options shall submit an application and site plan to the DRO for certification where applicable, and for final site plan approval
for all others. The site plan shall indicate in the tabular data all Development Options requested and where feasible, a regulating plan shall be included to provide typical examples.
Approval shall be granted only for the minimum deviations needed to allow for the use of density bonus incentives and where the requirements of all applicable reviewing agencies have
been met. [Ord. 2009040] e. Drainage Any reduction in lot size or open space area, or increase in building coverage shall be subject to approval of a drainage study demonstrating that
reduced pervious surface area will not create adverse drainage issues. [Ord. 2009-040] f. Option 1 - AR, and RT Districts The zoning for parcels electing to use this option must be
in compliance with Table 3.A.3.B, Future Land Use (FLU) Designation and Corresponding Standard Zoning Districts. [Ord. 2009040] 1) AR FAR Calculations New SFD lots in the AR district
shall be permitted to calculate FAR based on the acreage of the FLU designation. [Ord. 2009-040] 2) RT PDR Deviations Deviations from the minimum PDRs for the RT district with a LR-2
or LR-3 FLU designation may be in accordance with Table 5.G.1.D, RT Deviations for WHP, only for those projects that qualify for maximum density in accordance with Table 2.1-1, Residential
Categories and Allowed Densities, of the FLU Element of the Plan, and utilize a minimum density bonus of 20 percent. [Ord. 2009-040] Table 5.G.2.D - RT Deviations for AHP (1) Zoning
District Applicability FLU Lot Dimensions Setbacks Size Width and Frontage Building Coverage Depth Side Rear RT Infill, TDR LR-1 14,000 sf ND ND ND ND ND RT Infill, TDR, WHP AHP LR
2 12,000 sf 85’ 35% 100’ ND ND RT Infill, TDR, WHP AHP LR 3 9,000 sf 65’ 40% 80’ 1st Floor 10’ 1st’ floor – 15’ [Ord. 2009-040] Notes: ND No deviation. 1. Eligible projects must quality
for maximum density in accordance with FLUE Table III.C.1, Residential Categories and Allowed Densities, of the FLU Element of the Plan, and use. g. Option 2 - TND Regulations Projects
eligible for this option shall be permitted to utilize the PDRs of Table 3.F.3.E, TND Residential Lot Size and Setback Regulations, subject to meeting the requirements of Art. 3.F.3.D.5,
Residential Uses and the following limitations: [Ord. 2009-040] 1) U/S Tier Only; [Ord. 2009-040] 2) Project does not qualify to be a TND or use Option 1 or 3; [Ord. 2009-040] 3)
If the subject site has a LR-1, LR-2, LR-3 or MR-5 FLU designation, the project shall meet all requirements for and be approved as a PDD; [Ord. 2009-040] h. Option 3 - Flexible Regulations
Projects with MR-5, HR-8, HR-12, HR-18 FLU designations, or if approved as a PDD or TDD, may deviate from the residential requirements of Table 3.D.1.A, Property Development Regulations,
or Table 3.D.2.B, ZLL Property Development Regulations, as follows: [Ord. 2009040] 1) SFD units may be permitted up to a maximum ten percent deviation for the following PDRs: lot
size; width and frontage; building coverage; and, side, and rear setbacks. [Ord. 2009040] 2) SFD units limited to one floor with no loft or other similar feature, may be permitted
up to a maximum 20 percent deviation for the following PDR’s: building coverage; and front and side street setbacks. [Ord. 2009-040] Unified Land Development Code Supplement No. 24
(Printed 10/18) Article 5 - Supplementary Standards 88 of 110 3) ZLL lots may be permitted up to a maximum lot width reduction of five feet, and ten percent deviation from the minimum
lot size, building coverage, and front setback for units with front loading garages. [Ord. 2009-040] i. Option 4 - PDD Open Space Reduction Projects which elect to utilize a density
bonus of not less than 15 percent, may reduce the 40 percent open space requirement of Table 3.E.2.C, PUD Land Use Mix, to not less than 30 percent open space, provided the project
incorporates common usable open space areas as defined in Art. 1.I.2.U, Usable Open Space for AHP. [Ord. 2009-040] j. Option 5 - Internal Incompatibility Buffers Required incompatibility
buffers between SFD and MF units within an AHP development shall not be required. [Ord. 2009-040] k. Option 6 - Relocation of Units to Civic Tracts Residential units may be permitted
in a civic pod subject to PREM approval. This may include collocating residential units with civic uses. The DRO shall have the following authority where PREM approval is obtained
after BCC approval of the overall project: [Ord. 2009-040] 1) In the case of a civic site cash out, the deletion of the civic pod and increase in residential pod area; or, [Ord. 2009-040]
2) The relocation of residential units to a civic pod, or the relocation of residential units where the civic pod is deleted. [Ord. 2009-040] E. Additional Requirements for Density
Bonus Projects requesting a density bonus shall comply with the following: [Ord. 2009-040] 1. Sector Analysis AHP projects shall be equitably distributed so that there is no undue
concentration of very-low and low income housing throughout the County. Table 5.G.2.E, AHP Density Bonus Guide indicates the Step 1 density bonus permitted. The concentration of very-low
and low income housing within a sector will be taken into consideration when determining the Step 1 density bonus permitted. Additional density may be added in accordance with Table
5.G.2.E, AHP Density Bonus Multipliers (Step 2). This Step 2 analysis considers the proposed development and its location to neighborhood amenities; a public transit option; employment
and shopping opportunities; grocery store (excluding convenience store); public school; medical facilities; social services; and, public recreation facilities. Prior to submittal of
an AHP pre-application, the applicant shall meet with the Planning Director or designee to establish the sector within which the distribution analysis shall be conducted. The boundaries
of the sector shall be approved by the Planning Director or designee. The maximum AHP density bonus, total Step 1 plus Step 2, not to exceed a 100% bonus as recommended by the Planning
Director or designee. [Ord. 2009-040] Table 5.G.2.E - AHP Density Bonus Guide (Step 1) % of Very Low & Low Income Housing (60% of AMI & below) in Sector > 40% 40-30% 30-20% 20-0%
Step 1 Density Bonus up to 30% up to 50% up to 80% up to 100% [Ord. 2009-040] (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18)
Article 5 - Supplementary Standards 89 of 110 Table 5.G.2.E - AHP Density Bonus Multipliers (Step 2) Proximity to Proposed Development Public Transit Option Employment & Shopping
Opportunities 150,000 sf, guide (Office, Industrial, Business, Govt., Community/ Regional Commercial, Retail Center) Grocery Store (excluding Convenience Store) Public School
(Elementary, Middle, High School or Community College) Medical Facilities (Hospital, Health Care, Urgent Care, Medical Offices) Social Services (Daycare, Full-Service Community
Centers, Public Library) Public Recreation Facilities Off-Site (Public Parks, Ballfields, etc.) Maximum AHP Density Bonus > 0 up to 1/4 Mile * 20% 20% 20% 20% 20% 10% 10% 100% >
1/4 up to 1/2 Mile * 15% 15% 15% 15% 15% 5% 5% > 1/2 up to 1 Mile * 0 10% 10% 10% 10% 2.5% 2.5% > 1 up to 2 Miles * 0 5% 5% 5% 5% 0% 0% [Ord. 2009-040] Notes: * For each multiplier
column, only one of the four options (the closest amenity) may apply. a. The sector shall be proportional to the size and character of the proposed development. At a minimum, the
sector shall consist of one or more neighborhoods that include features such as schools, shopping areas, an integrated network of residential and collector streets bounded by arterial
roads, civic uses, localized shopping, and employment opportunities. For data and analysis purposes, the sector shall be adjusted to accommodate census tracts or census block groups
but shall not extend beyond important physical boundaries that may include a major arterial roadway or a wildlife refuge. [Ord. 2009-040] b. Housing characteristics, (such as household
family incomes and affordable housing stock data) for the sector shall be derived from the most current available census data. The analysis of housing and demographic data within the
sector shall be in a manner and form approved by the Planning Director. [Ord. 2009-040] 2. Pre-Application An application for density bonus shall require the submittal of a pre-application
prior to submittal of a Zoning or Building permit application for purposes of establishing a density bonus determination. [Ord. 2009-040] a. Contents The pre-application shall be in
a form established by the Planning Director, and made available to the public. [Ord. 2009-040] b. Sufficiency Review The pre-application shall be subject to the provisions of Art.
2.B.2, or Art. 2.C.2, Sufficiency Review. [Ord. 2009-040] c. Compliance The density bonus shall not be granted until the project is found in compliance with Policy HE 1.5.h. in the
Plan. [Ord. 2009-040] d. Density Determination The Planning Director or designee shall provide a written density determination letter within ten working days of determining the pre-application
is sufficient. The determination shall be based on the sector analysis, size, location and development characteristics of the project with consideration given towards affordability,
accessibility, proximity to mass-transit or employment centers, compatibility, quality of design, pedestrian and vehicular circulation, open space, and resource protection. The Planning
Director shall prepare a report for the applicant, DRO, ZC, or BCC, whichever is appropriate, making a determination of compliance with this chapter, consistency with the Plan and recommend
approval, approval with conditions, or denial of the request. [Ord. 2009-040] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards
90 of 110 F. Affordability Requirements 1. Sales and Rental Prices of AHP Units All AHP units shall be offered for sale or rent at an attainable housing cost for the targeted AHP
income range (60% of AMI or below). The sale and rent prices will be based on the (AMI), and the household income limits for PBC (West Palm Beach/Boca Raton metropolitan statistical
area) as published annually by HUD and based on the annual Florida Housing Finance Corporation MultiFamily Rental Figures. [Ord. 2009-040] 2. Master Covenant Prior to final DRO approval,
the applicant shall record in the public records of Palm Beach County a Covenant binding the entire project, in a form provided for by the County, which identifies each AHP unit. An
extension of up to 6 additional months to record the Covenant may be requested only in order to secure government funding for the proposed development. [Ord. 2009-040] a. For Sale
Units The Covenant shall include but not be limited to restrictions requiring: that all identified AHP units shall be sold or resold only to an income qualified purchaser at an attainable
housing cost for the targeted AHP income range (60 percent of Area Median Income (AMI) or below). The sale prices will be based on the AMI and the household income limits for PBC (West
Palm Beach/Boca Raton metropolitan statistical area) as published annually by HUD; that these restrictions remain in effect for 15 years recurring from the date of the certificate of
occupancy for each unit; and that in the event a unit is resold before the 15 year period concludes, a new15 year period shall take effect on the date of resale. The Covenant shall
further provide monitoring and compliance requirements including but not limited those set forth below to ensure compliance with the AHP. Every deed for each AHP for sale housing unit
shall incorporate by reference the controlling Covenant. [Ord. 2009-040] [Ord. 2011-001] b. Rental Units The Covenant shall include but not be limited to restrictions requiring: that
all identified AHP units shall be rented only to an income qualified renter at an attainable housing cost for the targeted AHP income range (60 percent of AMI or below). The rental
prices will be based on the AMI and the household income limits for PBC (West Palm Beach/Boca Raton metropolitan statistical area) as published annually by HUD and based on the annual
Florida Housing Finance Corporation Multi-Family Rental Figures; that these restrictions remain in effect for a period of 30 years (nonrecurring) from the date of occupancy of the first
AHP unit; and that in the event a rental complex is resold before the 30 year period concludes, the new owner assumes the requirement for the number of remaining years; and the number
of years remaining shall be determined by the Planning Director or his designee; and shall take effect on the date of resale. The Covenant shall further provide monitoring and compliance
requirements including but not limited to those set forth below to ensure compliance with the AHP. Every deed for a rental development with AHP housing units and every rental agreement
for each AHP unit shall incorporate by reference the controlling Covenant. [Ord. 2009-040] [Ord. 2011-001] 3. Monitoring and Compliance At the time of sale, resale, or rent of any
AHP unit established pursuant to this program, the seller shall provide the County Administrator, or designee, documentation sufficient to demonstrate compliance with the AHP. Such
documentation shall include but not be limited to information regarding the identity and income of all occupants of the AHP unit. The owner or lessee of the AHP unit shall submit to
the County Administrator, or designee, on a form provided by the County, an annual report containing information and documentation to demonstrate continued compliance with the AHP and
a copy of any monitoring information provided to and received from the appropriate funding agency/source. The County may conduct site visits at reasonable times, or perform other independent
investigation to verify continued compliance with the AHP. [Ord. 2009-040] 4. Enforcement The County may enforce the requirements of the AHP through any cause of action available at
law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, and tolling of the 15-year term (for-sale
units) or the 30-year term (rental units) of the AHP, or the term required by the funding agency/source if more restrictive. [Ord. 2009040] 5. Compatibility The resulting development
shall be compatible with surrounding residential land uses, as described herein. [Ord. 2009-040] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary
Standards 91 of 110 G. Annual Report The Executive Director of PZB shall submit an annual report to the BCC indicating the status of the AHP. [Ord. 2009-040] Section 3 Transfer
of Development of Rights (TDRs) – Special Density Program A. Purpose and Intent The purpose of this Chapter is to provide for a TDR Program, including the establishment of a TDR Bank,
to facilitate both the protection of environmentally sensitive lands, the preservation of agriculture on lands designated as AGR on the FLUA, and to promote orderly growth in PBC. This
is accomplished by allowing development rights to be severed from environmentally sensitive lands and lands designated as AGR and transferred to sites where additional development can
be accommodated. The TDR program is designed to redistribute population densities, or development potential, to encourage the most appropriate and efficient use of resources, services
and facilities. Further, it is the purpose and intent of this Chapter to provide an alternative to the development of environmentally sensitive lands and lands designated as AGR on
the FLUA by establishing a mechanism to seek economic relief from the limitation of development imposed on these lands. TDR can mitigate inequities in the valuation of land by providing
a means of compensating landowners whose property is restricted, by permitting the sale of development rights, and making landowners in more intensively developed areas pay for the
right to develop beyond the existing density, by purchasing development rights. The TDR Program allows a property owner to achieve a density bonus by purchasing the increase in density
from the PBC TDR Bank, or from a property owner with land in a designated sending area, without going through the land use amendment process. In order to increase density, the site
must meet the requirements to become a designated receiving area and follow the procedures as described in this Chapter. After development rights have been transferred from the sending
area to the receiving area, an appropriate conservation easement or an agricultural conservation easement shall be attached to the sending area and recorded in the public records of
PBC, restricting future development potential. [Ord. 2005 – 002] [Ord. 2008-003] B. Authority The BCC has the authority to adopt this pursuant to Art. VIII, Sec. 1, Fla. Const., the
PBC Charter, F.S. §125.01, et seq. and F.S. §163.3161, et seq. C. Applicability This Chapter shall apply to property in unincorporated PBC which is located within designated sending
areas, as defined in Art. 5.G.3.F, Sending Areas. Development rights may be transferred from sending areas pursuant to the procedures contained in this Chapter, to property which meets
the qualifications to receive such density according to Art. 5.G, Density Bonus Programs, and the standards contained herein. The use of TDR shall be allowed in all residential zoning
districts within the U/S Tier and shall be approved pursuant to this Chapter. TDR units may be utilized for all housing types. Additionally, TDR units may be converted to CLF beds
subject to the provisions of Art. 4.B.1.C.1, Congregate Living Facility, whereby the total approved density, including TDR units, is utilized when calculating permissible CLF occupants
per Table 4.B.1.A-4, Maximum Permissible Occupancy in Type 3 Congregate Living Facilities. D. Previous Approvals All previously approved transfers of development rights, as long as
they remain in force, shall remain valid and shall not be affected nor changed by subsequent revisions to the TDR Program. E. Administration 1. General Except as otherwise specified,
the TDR Program shall be administered by the Executive Director of PZB or designee. [Ord. 2010-005] 2. Responsibilities The Executive Director of PZB shall be responsible for: a. Establishing,
administering and promoting PBCs TDR Program; b. Establishing and administering the TDR Bank; c. Ensuring the orderly and expeditious processing of TDR applications under this Chapter;
d. Executing contracts for sale and purchase of TDR units being purchased from the County’s TDR Bank, including related escrow or similar bonding agreements, and TDR deeds as part of
the DRO approval process; [Ord. 2010-005] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 92 of 110 (This
space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 93 of 110 e. Ensuring the contracts for sale and
purchase of development rights are executed and all deeds and conservation easements are filed in the public records of PBC; f. Ensuring that the Property Appraisers Office is notified
of all TDRs; g. Ensuring that the densities approved through the TDR Program are placed on the FLUA as notations following approval of the TDR receiving area; and, [Ord. 2008-003]
h. Ensuring that the FLUA is amended by a staff initiated Site Specific Plan amendment to reflect an appropriate land use designation for land acquired by PBC whose units are placed
in the TDR bank. [Ord. 2008-003] F. Sending Areas 1. General Sending areas represent those areas of PBC that are designated by the BCC to warrant protection. The owner of property
in a designated sending area may transfer the development rights to a parcel of land in a designated receiving area, subject to the provisions of this Chapter. 2. Eligible Sending Areas
a. Lands designated RR-20 on the FLUA; b. Lands designated as priority acquisition sites by the Environmentally Sensitive Lands Acquisition Selection Committee (ESLASC) or the Conservation
Land Acquisition Selection Committee (CLASC) that meet the criteria listed below: 1) Rarity in PBC of native ecosystems present on the environmentally sensitive lands site; 2) Diversity
of the native ecosystems present on the environmentally sensitive lands site; or 3) Presence of species listed as endangered, threatened, rare or of special concern by the U.S. Fish
and Wildlife Service, the Florida Fish and Wildlife Conservation Commission, the Florida Committee on Rare and Endangered Plants and Animals, or the Florida Department of Agriculture.
c. Lands designated AGR on the FLUA; d. Privately owned lands designated CON on the FLUA; and e. Other sites determined by the BCC to be worthy of protection, provided that the sites:
1) Further the purpose of the TDR Program in keeping with the criteria listed above; or 2) Further other PBC Goals, Objectives, and Policies. At such a time that the BCC determines
that a parcel of land is environmentally sensitive, or preservation of the site is in the public interest, the parcel is eligible to become a sending area. The site shall be designated
by resolution of the BCC. 3. Overlap in Sending Areas In such cases where a parcel of land is both a priority acquisition site and designated RR-20 or AGR on the FLUA, all provisions
in this Chapter pertaining to the priority acquisition sites shall prevail. 4. Transfer Rate The owner of land which is designated as a sending area may elect to transfer development
rights as provided in this Chapter. Development rights may be transferred from sending areas according to the following schedule. For the purposes of this Subsection, acres means gross
acreage. a. Development rights may be transferred from property designated RR-20 on the FLUA at the rate of one development right per five acres. The minimum land area eligible for
the TDR as a sending area shall be ten acres. b. Development rights may be transferred from property designated AGR on the FLUA at the rate of one development right per one acre. The
minimum land area eligible for the transfer of development rights as a sending area shall be 20 acres unless the sending area parcel is located adjacent to other preserved properties,
in which case the minimum land area shall be five acres. c. Development rights may be transferred from priority acquisitions sites (both residential and nonresidential) located outside
of the U/S Tier at a transfer rate of one development right per five acres. The minimum land area eligible for the TDR as a sending area shall be five acres. d. Development rights
may be transferred from privately owned lands designated CON on the FLUA at a rate of one development right per ten acres. The minimum land area eligible for the transfer of development
rights as a sending area shall be ten acres. e. Development rights may be transferred from all environmentally sensitive sites described in Art. 5.G.3.F.2, Eligible Sending Areas, at
a rate which equals the maximum density permitted by the future land use designation for the property. The minimum land area eligible for the transfer of development rights as a sending
area shall be determined by the BCC, upon a recommendation from PZB and ERM. Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 94
of 110 5. Computation of Development Rights The number of development rights assigned to a sending area parcel of land shall be determined by the Executive Director of PZB pursuant
to Art. 5.G.3.F.2, Eligible Sending Areas, and Art. 5.G.2.I, TDR: Sending Area Procedure, as calculated below: a. All development rights shall be in whole numbers, no fractions shall
be permitted. Any fractional residential unit that may occur during calculations shall be converted upward, if one-half or more of a whole unit, or downward, if less than one-half of
a whole unit, to the nearest whole unit. b. The amount of development rights assigned to a sending area parcel shall be reduced by one dwelling unit for every conforming residential
structure situated on the property at the time of approval. 6. Restriction on Future Use Upon BCC or DRO approval of the TDR transfer, a conservation easement or agricultural conservation
easement shall be recorded in the public records of PBC. The BCC or DRO shall determine which easement is appropriate for the sending area as part of the approval of the TDR transfer.
Prior to recordation of the easement, a legally enforceable maintenance plan providing for perpetual maintenance of the sending area shall be established by the property owner and approved
by ERM. No further development permit or development order for the designated receiving area shall be issued by PBC until the applicable easement is recorded in the public records of
PBC. The easement shall restrict the use of the sending area in perpetuity. In particular, a conservation easement shall require that the sending area be maintained in its natural state
while an agricultural conservation easement shall restrict the use of the sending area to bona fide agriculture, fallow land, or uses permitted in the Conservation Water Resources Area
(WRA) future land use category; all other development rights of the subject property shall be considered transferred in perpetuity. 7. Existing Uses Conforming residential dwelling
units which existed prior to making application to transfer development rights shall be permitted to remain as legal conforming uses. All other existing uses on the sending area shall
cease. 8. Remaining Land Area If all of the development rights assigned to a sending area are not transferred off the site, the remaining land, if proposed for development, shall be
developed in accordance with this Code and in a manner which is compatible with the surrounding area. This provision shall not apply to sending areas designated AGR on the FLUA; these
parcels are required to transfer all development rights off the site. If the owner of land in a sending area only transfers a portion of the development rights available for the property,
PBC, upon a recommendation from PZB and ERM, reserves the right to determine which portion of the land is subject to the applicable conservation easement. The intent is to link environmentally
sensitive land, to link agricultural land, and to link open space areas, when feasible, and allow compatible development to occur on the remainder of such sites. G. Transfer of Development
Rights (TDRs) Bank 1. General The purpose of this Chapter is to authorize the establishment of a TDR Bank. The TDR Bank is hereby created in order to, among other things, facilitate
the purchase and transfer of development rights as hereinafter provided and maintain an inventory of those development rights purchased by PBC. 2. Establishment of Development Rights
for the Bank Development rights for the TDR Bank shall be generated from environmentally sensitive lands purchased by PBC, including the priority acquisition sites meeting the criteria
in Art. 5.G.3.F.2, Eligible Sending Areas, through August 30, 1999. Priority acquisition sites in the unincorporated area of PBC which are not purchased as part of the acquisition
program shall maintain the opportunity to transfer development rights on the private market. The TDR Bank shall be maintained by the Executive Director of PZB and shall be reviewed
in accordance with the FLUE of the Plan to determine the need for additional units. Development rights in the TDR Bank generated under the TDR Program shall remain in the TDR Bank until
sold by PBC, the TDR Bank is dissolved, or the units are otherwise disposed of. 3. Transfer Rate From the Purchase of Environmentally Sensitive Lands a. Land Purchased Inside the U/S
Tier The number of development rights within the bank shall equal the maximum density allowed by the FLU designation as established by the applicable PBC or municipal Comprehensive
Plan. Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 95 of 110 b. Land Purchased Outside the US Tier The number of development
rights severed, or generated for the bank, shall equal the TDR transfer rate established in Art. 5.G.3.F, Sending Areas. 4. The Application, Sale, and Value of Development Rights PBC
may sell development rights to property owners who meet the receiving area criteria pursuant to this Chapter. a. A property owner seeking an increase in density must apply to become
a receiving area and submit a draft Contract for Sale and Purchase of Development Rights. [Ord. 2011-001] b. The value and price of a development right shall be set annually by the
BCC. No TDR price or price reduction other than those included in this Section shall be permitted. The County shall utilize the median sales price data established by the Realtors
Association of the Palm Beaches, using data for the month of March to set the price each year: [Ord. 2011-001] [Ord. 2012-027] 1) For single-family units (single family, zero-lot-line
and townhouse) the price shall be ten percent of the median sales price of FRA single-family, existing homes data; [Ord. 2011001] 2) For multi-family units the price shall be ten
percent of the median sales price of FRA existing condominiums data. [Ord. 2011-001] c. For proposals including a mix of single family and multi-family units the TDR units shall proportionally
reflect the unit mix of the non TDR units. [Ord. 2011-001] d. Additional prices for TDR units shall be as follows: [Ord. 2011-001] 1) For TDR units located within an area that has
a BCC accepted Neighborhood Plan, and the proposed density increase is identified within or supported by the Neighborhood Plan, the TDR price shall be 75 percent of full TDR price as
established in 4.b.1 and 2 above; [Ord. 2011-001] [Ord. 2012-003] 2) For TDR units located within a CCRT area the TDR price shall be 25 percent of full TDR price as established in
4.b. 1 and 2 above; [Ord. 2011-001] 3) Workforce Housing TDR units shall be five percent of full TDR price as established in 4.b. 1 and 2 above; and, [Ord. 2011-001] 4) Affordable
Housing TDR units shall be one percent of full TDR price as established in 4.b.1 and 2 above. The dollar difference between the TDR price and the Affordable Housing TDR price can be
used as a price waiver to be counted as part of the local government contribution for housing funding application purposes. [Ord. 2011-001] e. Applicants may request Workforce Housing
TDR units at greater than the required percentage (35 percent), however in order to receive the Workforce Housing TDR price, those additional Workforce Housing TDR units (>35 percent)
must be priced for WHP low income (60-80 percent of AMI) households only. [Ord. 2011-001] 5. Revenue from the Sale of TDRs The revenue generated from the sale of development rights
from the TDR Bank shall be allocated to the Natural Areas Fund administered by ERM for acquisition and management of environmentally sensitive lands and wetlands. H. TDR Receiving
Areas Development rights shall only be transferred to those parcels which meet the qualifications for designation as receiving areas. 1. Eligible Receiving Areas a. PDDs and TDDs. The
total density of the project, including the TDR units, shall be utilized for calculating the minimum PDD or TDD acreage threshold; and b. Residential Subdivisions which are not within
a PDD or TDD. 2. Qualify as a Receiving Area a. Be located within the U/S Tier; [Ord. 2004-040] [Ord. 2008-003] b. Be compatible with surrounding land uses and consistent with the
Plan; c. Meet all concurrency requirements; d. Meet all requirements as outlined in this Code; and e. Be compatible with adjacent Environmentally Sensitive Lands. 3. Compatibility with
Adjacent Environmentally Sensitive Lands A receiving area shall not degrade adjacent environmentally sensitive lands. Receiving areas, therefore, shall reduce the intensity/density
of that portion of the development which is contiguous to any regionally significant natural resource as defined by the Treasure Coast Regional Planning Council, environmentally sensitive
land as defined by the ESLASC or CLASC, or sites designated as preserve areas according to Art. 14.C, Vegetation Preservation and Protection, so that the Unified Land Development Code
Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 96 of 110 development is compatible with, and does not negatively impact the environmentally sensitive area,
by providing a buffer zone of native vegetation according to the following table. Table 5.G.3.H - Required Buffer Zone Density of Adjacent Pod/ Development Area Required Buffer Zone
of Native Vegetation Net density less than or equal to three units per acre 50 foot buffer Net density greater than three and less than or equal to five units per acre 100 foot buffer
Net density greater than five units per acre 200 foot buffer 4. Applicability TDR Increased Buffer and Setbacks for LR-1, LR-2 and LR-3PDD The perimeter buffer and building setbacks
for a TDR receiving area in a PDD with a LR-1, LR-2 or LR-3 FLU designation shall be upgraded where ZLL, TH, MFD or SFD using RS PDRs are located within 125 feet of any SFD with a lot
size of 14,000 feet or greater, or any vacant parcels with a LR-1, LR-2 or LR-3 FLU designation. [Ord. 2008-037] a. Increased Buffer Widths Where applicable, the perimeter buffer shall
be increased by 15 feet for projects having ZLL or SFD units, and 20 feet for TH and MFD units. [Ord. 2008-037] b. Upgraded Landscaping Where an increased buffer width is required,
an additional native palm or tree shall be provided for each 30 linear feet, with a maximum spacing of 90 feet between clusters. [Ord. 2005 – 002] [Ord. 2008-037] c. Increased Setbacks
Where applicable, when a development has a more intense housing classification, an additional ten-foot rear setback shall be required. For the purposes of this Section, housing classification
shall be ordered from least intense to most intense, as indicated in Table 5.G.3.H, Housing Classification. [Ord. 2005 – 002] [Ord. 2008-037] Table 5.G.3.H - Housing Classification
Intensity by Group Housing Type 1 - Low Single-family residential (RT PDRs); or Zero lot line homes. 2 - Medium Single family residential (RS PDRs): Mobile homes; Townhouses; or Multi-family.
3 - High Type 2 or 3 Congregate Living Facilities. [Ord. 2005-002] [Ord. 2008-037] 5. Prohibitions Under no circumstances shall a receiving area contain a sending area as defined in
Art. 5.G.3.F.2, Eligible Sending Areas. This shall not apply if the project is providing all of the units at prices attainable by persons making between 30%-120% of AMI. The County
shall establish the actual prices for each unit and each unit shall be deed restricted consistent with Art. 5.G.2.F, Affordability Requirements. [Ord. 2008-003] I. TDR Density Bonus
Limitations 1. WHP 35 Percent Requirement In accordance with FLUE Policy 2.6-a.5 of the Plan, 35 percent of all TDR density bonus units shall be provided as WHP units. These units
shall be constructed on site; comply with the affordability range requirements of Table 5.G.1.B, Workforce Housing Program and Art. 5.G.2.F, Affordability Requirements; and, Art. 5.G.1.C,
Development Options. The project shall only be eligible to apply for the following WHP incentives: Art. 5.G.1.E.2, Traffic Performance Standards Mitigation; Art. 5.G.1.E.3, Expedited
Review; and, Art. 5.G.1.E.4, Density Bonus Development Options. [Ord. 2008003] [Ord. 2011-001] 2. AHP 100 Percent Requirement When using the voluntary AHP, all TDR density bonus units
shall be provided as AHP units. These AHP units shall be constructed on site; comply with the affordability range requirements of Table 5.G.2.B, Affordable Housing Program and Art.
5.G.2.F, Affordability Requirements; and, Art. 5.G.2.C, Design Requirements. The project shall only be eligible to apply for the following AHP Unified Land Development Code Supplement
No. 24 (Printed 10/18) Article 5 - Supplementary Standards 97 of 110 incentives: Art. 5.G.2.D.2, TPS Mitigation; Art. 5.G.2.D.3, Expedited Review; and, Art. 5.G.2.D.4, Density Bonus
Development Options. [Ord. 2009-040] 3. WHP and AHP Units Consideration may be given to developments requesting both WHP and AHP units within the proposal. In this instance, the Planning
Director or designee will determine which program’s (WHP or AHP) density bonus criteria will be utilized based on the programmatic requirements imposed by a governmental agency providing
affordable housing funding or another entity with programmatic requirements (e.g., Habitat for Humanity or a Community Land Trust). [Ord. 2009-040] 4. Permitted Density Ranges The
maximum number of development rights which may be transferred to the receiving parcel shall be determined in accordance with Art. 5.G.3.H, Receiving Areas, Art. 5.G.3.K, TDR: Receiving
Area Procedure, and the following: [Ord. 2008-003] a. Standard Density Bonus Approved receiving areas may receive a bonus density as follows: [Ord. 2008-003] [Ord. 2008037] 1) Receiving
areas in the U/S Tier west of Florida’s Turnpike: up to two du/acre; or, [Ord. 2008-003] 2) Receiving areas in the U/S Tier east of the Florida Turnpike, but not in a Revitalization
and Redevelopment and Infill Overlay: up to three du/acre; or, [Ord. 2008-003] [Ord. 2009-040] 3) Receiving areas in a Revitalization Redevelopment and Infill Overlay: up to four du/acre.
[Ord. 2008-003] [Ord. 2009-040] 4) The bonus density may be less than the total bonus density indicated in 1, 2 and 3 above when an additional WHP or AHP density bonus has also been
utilized. (See item d. below). [Ord. 2009-040] b. Additional Density Bonus Receiving areas meeting one or both of the following criteria shall be eligible for an additional one du/acre
density bonus above the aforementioned density bonus ranges. [Ord. 2008-003] [Ord. 2008-037] 1) Receiving areas within 1/4 mile radius of a public park, (excluding golf courses), community
commercial facility or mass transit facility within the U/S Tier; and [Ord. 2008-003] [Ord. 2009-040] 2) Receiving areas within 1/4 mile radius of a regional commercial facility or
a major industrial facility within the U/S Tier. [Ord. 2008-003] In order to be eligible for the additional one du/acre density bonus, at least 25 percent of the receiving area must
be located within the required radius. The density bonus shall apply to the entire receiving area. [Ord. 2008-003] c. LR-1, 2 and 3 FLU Density Limitation To mitigate any potential
adverse impacts in low-density residential neighborhoods (as determined by residential FLU designation), the maximum TDR density bonus in the LR-1, LR-2 and LR-3 FLU designations shall
not exceed 100 percent of the standard or maximum density, exclusive of any other density bonus allowed on the subject site. Exceptions shall be permitted for any project that is located
in the URA or entirely surrounded by one or more of the following: [Ord. 2008-037] 1) Parcels with an MR-5 or higher FLU designation; or [Ord. 2008-037] 2) Parcels with a non-residential
FLU designation or use; or [Ord. 2008-037] 3) Open space 100 feet in width or greater; or [Ord. 2008-037] 4) A major street. [Ord. 2008-037] d. A development's WHP or AHP density
bonus increase will be given consideration when assigning the number of TDR units recommended to the development. Other factors to be considered include: the location of the proposed
development and its relationship to the study area; the housing type(s) proposed; if the development site is located within 1/4 mile radius of a public park (neighborhood or regional
park, not a golf course); civic uses (schools/libraries); a mass transit facility; child care facilities; medical facilities; a super market; a community commercial facility; employment
opportunities; and within 1/2 mile radius of social services; a regional commercial facility; an industrial facility; additional civic uses and employment opportunities. [Ord. 2009-040]
J. TDR: Sending Area Procedure 1. Sending Parcel Application The property owner of lands which are designated sending areas as defined under Art. 5.G.2.F.2, Eligible Sending Areas,
must make application to PZB for an administrative determination in order to Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 98
of 110 be formally designated as a sending area. The purpose of this administrative determination is to ascertain the exact number of development rights the property owner is entitled
to. The application shall include, at a minimum: a. Proof of ownership; b. A legal description of the property; and, c. Contract, or option, for the purchase and sale of development
rights (unless requesting a TDR Certificate, as outlined in Art. 5.G.3.J.6, Development Rights Certificates. The application shall be submitted to the Executive Director of PZB. Applications
for a sending area designation may be accepted for review and processing at any time. 2. Review Process a. Environmentally Sensitive Lands and Lands Designated RR-20 or CON on the FLUA
Prior to the first scheduled DRO meeting to consider the TDR application, the Executive Director of PZB shall review the sending area application and make a determination regarding
the number of units associated with the parcel. As part of review of the application, the Executive Director of PZB shall notify ERM of the application and request that a site check
be conducted. ERM shall complete a site check to ensure that the site has not been altered and the site meets the criteria provided in Art. 5.G.3.F.2, Eligible Sending Areas, ERM shall
complete a written recommendation to the Executive Director of PZB regarding the site. b. Land Designated AGR on the FLUA Prior to the first scheduled DRO meeting to consider the TDR
application, the Executive Director of PZB shall review the sending area application and make a determination regarding the number of units associated with the parcel. As part of review
of the application, the Executive Director of PZB shall complete a site check to ensure that the site is suitable for bona fide agricultural or other open space purposes consistent
with the AGR provisions in the Plan. Sending area applications which are not submitted in conjunction with a receiving area application shall be reviewed and acted upon within 25 days.
3. Written Determination The property owner shall receive a written determination from the Executive Director of PZB indicating how many development rights can be transferred from the
property. The number of development rights for the site shall be documented and be kept on file in the PZB Department. The written document shall be valid for a period of 12 months.
If any modifications or alterations are made to the property during the 12 month period, the property owner shall not be permitted to participate in the TDR Program. 4. Easement Agreement/Restrictio
n Prior to site plan certification, the applicable conservation easement, in a form and content acceptable to the County Attorney shall be recorded in the public records of PBC. The
easement shall restrict future use of the land consistent with the requirements in Art. 5.G.2.F.6, Restriction on Future Use. Prior to recordation of the easement, a legally enforceable
Maintenance Plan providing for perpetual maintenance of the sending area shall be established by the property owner and approved by ERM. 5. Re-Submittal of Application The owner of
a sending parcel may re-apply until all development rights have been severed from the property. 6. Development Rights Certificates Environmentally sensitive lands and lands designated
as CON or RR-20 on the FLUA must be deeded to, and accepted by PBC, subject to the discretion of the BCC, before the Certificate can be issued. Environmentally sensitive lands and lands
designated as CON or RR-20 on the FLUA deeded to, and accepted by PBC, shall be managed by PBC or its designee. AGR lands shall be managed by the property owner in perpetuity as provided
in the Maintenance Plan. a. Eligibility Development Rights Certificates shall only be issued to property owners of ESL or RR-20 land that deed without compensation environmentally sensitive
land to PBC or property owners of AGR land that record an agricultural conservation easement, and follow the procedures in this Chapter. The development rights certificate shall require
that restrictions be placed on the sending area prior to the sale of those development rights. A minimum transfer of five acres is required. b. Issuance of the Certificate Upon completion
of the application process, and recordation of the deed transferring ownership of the property to PBC, or recordation of the agricultural conservation easement and approval by Unified
Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 99 of 110 ERM of a legally enforceable maintenance plan providing for perpetual maintenance
of the sending area, the property owner shall be issued a Development Rights Certificate. The Certificate shall indicate the exact number of development rights which can be sold, transferred,
or traded, by the holder of such Certificate. The Certificate shall remain in effect until applied to a TDR receiving area in accordance with provisions of this Chapter. c. Unused Certificates
A property owner of AGR land, with an agricultural conservation easement recorded, may reassociate development rights to the original sending parcel provided that no development rights
have been sold. A written request to reassociate the development rights shall be submitted to the Executive Director of PZB along with proof of ownership and a legal description of
the property. Prior to approval of a request to the reassociate development rights, the applicant must petition and receive BCC approval to release the easement recorded against the
sending area parcel. 7. Limitations The amount of development rights assigned to a sending area parcel, or indicated on a certificate, shall be reduced by one for every conforming residential
structure situated on the property at the time of application. K. TDR: Receiving Area Procedure 1. General Receiving areas shall be approved concurrent with issuance of a Development
Order for a PDD, TDD or a residential subdivision. The following procedures shall be followed in order to become a receiving area to obtain the density bonus. [Ord. 2005-002] [Ord.
2010-005] 2. Pre-application Conference Prior to submittal of an application requesting a receiving area density bonus, the applicant must attend a pre-application conference with the
appropriate PZB staff, pursuant to Art. 2.A.5, Preapplication Conference (PAC) or Pre-application Appointment (PAA), to review the proposed development, and the requirements and procedures
of the TDR Program. 3. Review Process The review process for TDR applications is based upon the density and type of residential development proposed. a. The transfer of two units per
acre or less to a residential subdivision is reviewed by the DRO and shall be subject to the provisions of Art. 2.C, Administrative Processes, except as provided below. Parcels which
meet the minimum acreage thresholds for a PDDs or TDD shall not utilize this Chapter option; b. The transfer of more than two units per acre to a residential subdivision is reviewed
as a Class A conditional use and shall be subject to the provisions of Art. 2.B, Public Hearing Processes, except as provided below. Parcels which meet the minimum acreage thresholds
for a PDDs or TDD are allowed to utilize the option contained in this paragraph, provided the parcel meets the PDDs PDRs contained in Art. 3.E, Planned Development Districts (PDDS),
or contained in Art. 3.F, Traditional Development Districts (TDDS); c. The transfer of any density to a planned development is reviewed as a Conditional Use and shall be subject to
the provisions of Art. 3.E, Planned Development Districts (PDDs). A general application by a property owner for receiving area status and a density bonus shall be accepted for review
and processing. [Ord. 2005-002] [Ord. 2010-005] [Ord. 2017-007] d. BCC approval is required for any project that is requesting a combined density increase/transfer through the WHP
and TDR programs that exceeds two units per acre. [Ord. 2005-041] 4. Contents of Application In conjunction with the general application for a Rezoning, Development Order Amendment,
or Development Review Officer approval, an applicant for receiving area status and a density bonus must submit a supplemental TDR Application. The application shall: [Ord. 2011-001]
a. be submitted in a form established by the Zoning Director of PZB; [Ord. 2011-001] b. submit a Preliminary Plan; and [Ord. 2011-001] c. submit Preliminary Architectural Elevations
for TDR applications that exceed DRO thresholds prior to certification of the application for public hearing pursuant to Art. 5.C.1.B, Threshold. Elevations shall not be required for
single family dwellings or multi-family dwellings less than 16 units as they are exempt from the provisions of Art. 5.C, Design Standards. However, the applicant shall ensure these
units are architecturally compatible with the other units in the development by using consistent colors, materials, layouts, etc. [Ord. 2011-001] Unified Land Development Code Supplement
No. 24 (Printed 10/18) Article 5 - Supplementary Standards 100 of 110 5. Standards In addition to fulfilling the requirements of Art. 5.G.3.H, Receiving Areas, to qualify as a receiving
area and be eligible for an increase in density, all applications requesting receiving area designation shall comply with these standards: a. The transfer of development rights is by
deed, and the deed shall be recorded before final site plan approval; b. The transfer is to a parcel of land which meets all the requirements of this Code and within which the transferred
densities have been included and amended; c. The proposed development meets all concurrency requirements at the level of impact calculated to include the TDR density; d. If the transfer
is between two private parties, at the time the transfer is approved, the sending area from which the transfer will occur shall be subject to a conservation easement and shall be identified
on the Zoning Map. Pending recording of the conservation easement, no Development Order approvals shall be issued for the sending area or receiving area; [Ord. 2010-022] e. If the
transfer of rights is from the PBC TDR Bank, all rights have been accounted for and there are enough development rights in the bank to cover the project; f. The proposed development
and density are compatible with the surrounding area and land use; and g. The proposed development and density do not negatively impact adjacent environmentally sensitive lands. 6.
Contract for Sale and Purchase of Development Rights A contract for sale and purchase of development rights is required. A deed of TDR shall also be required as part of the approval
of a TDR transfer. The contract shall be executed prior to Final DRO approval of a TDR receiving area. One hundred percent of the funds must be received by PBC prior to subdivision
approval or issuance of first building permit, whichever occurs first. The deed must be recorded before issuance of the first building permit for a project designated as a receiving
area. This paragraph shall not apply to building permits for sales models or temporary real estate sales and management offices permitted pursuant to this code. [Ord. 2009-040] [Ord.
2011-001] L. Notification to Property Appraisers Office Upon recordation of the deed of transfer, the Executive Director of PZB shall notify, within 20 days, the Property Appraiser’s
Office in writing that development rights have been transferred from the sending area or TDR Bank to the receiving area in perpetuity. M. County Initiated Land Use Amendment Following
recording of the deed, the Planning Division, upon direction from the BCC, shall initiate a Site Specific Plan Amendment to designate the property with a CON designation or place a
notation which reflects the use of the property as an Agricultural Reserve Preservation Area (AGR/P). Densities obtained through the TDR Program shall be placed on the FLUA as notations
following approval of the TDR receiving area. N. Overall Accounting System for TDR Density PZB shall maintain an overall accounting system for monitoring density availability and density
transfers in the TDR Program. The accounting system shall include both private development rights and development rights in PBC’s TDR Bank. Density needed for the TDR Program may be
derived from different sources including, but not limited to: 1. Density Reduction Approved Site Specific Plan Amendments since 1990 which resulted in a density reduction; and, 2. PUD
Unused Density At such a time that the TDR Program, any subsequent density bonus programs, or amendments to the Plan requesting an increase in density, deplete the number of units available
from previous amendments, PZB shall begin to monitor the PUD units which have been approved through the zoning process, but which have remained unused. The later units may at that time
be considered as a source for density for the TDR Program. (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary
Standards 101 of 110 CHAPTER H MASS TRANSIT STANDARDS Section 1 General A. Authority The Executive Director of Palm Tran shall be responsible for implementing, applying, interpreting,
and modifying the standards of this Chapter. [Ord. 2008-003] B. Purpose and Intent The purpose and intent of this Chapter is to ensure adequate, and consistent mass transit infrastructure/faciliti
es are available to accommodate development concurrent with their associated impacts. The specific objectives of this Chapter are as follows: [Ord. 2008-003] 1. Establish Mass Transit
infrastructure/facilities standards for unincorporated PBC. [Ord. 2008-003] 2. Provide Mass Transit infrastructure/facilities in accordance with the objectives of the Mass Transit
element of the Plan. [Ord. 2008-003] 3. Ensure that necessary Mass Transit infrastructure/facilities will be provided concurrently with development. [Ord. 2008-003] Section 2 Applicability
and Standards The standards of this Chapter shall apply to all residential and non-residential development or redevelopment in unincorporated PBC, as follows: [Ord. 2008-003] A. Modifications
to Previous Approvals Modifications to previous approvals shall comply with this Chapter for un-built projects without an approved DRO plan, or to the greatest extent possible in the
affected area without the loss of density, intensity or parking, for un-built projects with a DRO approved plan, built projects that have constructed less than eighty percent of approved
density or intensity, structural renovations in excess of 75 percent or more of the current Improvement Value of the structure, and parking lot alternations or additions. [Ord. 2008-003]
[Ord. 2013-001] B. Thresholds and Standards For the purposes of this Chapter, non-residential development shall be defined as all commercial, civic/public, recreation and industrial
uses that are open to the public. Unmanned or minimal commuter generating facilities, such as Commercial Communication Towers or Electric Transmission Substation, or as determined
by Palm Tran shall be excluded from this definition. Where applicable, the requirements of this Chapter shall be approved by Palm Tran and shown on all Preliminary Development Plans,
Preliminary Subdivision Plans, Preliminary Site Plans, Final Master Plans, Final Subdivision Plans and Final Site Plans, prior to DRO certification or approval. Palm Tran Transit Design
Manual provides an understanding of transit operating criteria and, access requirements (www.pbcgov.com/palmtran/library). Section 810 of the ADA and ABA Accessibility Guidelines provides
curbside ADA requirements for Transportation Facilities (www.access-board.gov/ada-aba/final.htm). FDOT Transit Facilities Guidelines provides more detail requirements for the location
transit infrastructure (www.dot.state.fl.us/transit/Pages/TRANSIT%20Facilities%20GUIDELINES.PDF). [Ord. 2008-003] [Ord. 2017-007] (This space intentionally left blank) Unified
Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 102 of 110 Figure 5.H.2.B – Minimum Typical ADA Bus Stop Requirements [Ord. 2008-003]
1. All residential developments of at least 50-units and all non-residential of at least 5-acres or 50,000 square feet All development exceeding this threshold shall provide a minimum
10-foot by 30-foot easement for Bus Stop Boarding and Alighting Area(s) spaced no less than 0.1 miles along all public R-O-W, or at intersections or recognizable landmarks. Easements
shall be dedicated by plat in accordance with Art. 5.H.2, Applicability and Standards [Ord. 2008-003] Figure 5.H.2.B – 10-foot by 30-foot Bus Stop Boarding and Alighting Area with
Typical Bus Shelter Alignment [Ord. 2008-003] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 103 of 110 a. Standards The following
types of bus stop and alighting areas may be used to meet the requirements of this section. [Ord. 2008-003] 1) Near Side Near Side Bus Stops are located immediately before an intersection.
Associated Bus Stop Boarding and Alighting Areas are located before the intersection, no closer than 5-feet from the corner clip. The bus stop zone requires a minimum 100-foot no
parking zone. The length of the Bus Stop Zone shall be increased by 50-feet in length for each additional bus expected to stop simultaneously. [Ord. 2008-003] 2) Far Side Far Side
Bus Stops are located immediately after an intersection. Associated Bus Stop Boarding and Alighting Areas are located after the intersection, no closer than 15-feet from the corner
clip. The bus stop zone requires a minimum 90-foot no parking zone for a single bus. This is also applicable to far side bus stops after a turn. The length of the Bus Stop Zone shall
be increased by 50-feet in length for each additional bus expected to stop simultaneously. [Ord. 2008-003] 3) Mid-Block/Landmark Mid-Block/Landmark Bus Stops are located between intersections
where distance or other restrictions limit intersection placement. Associated Bus Stop Boarding and Alighting Areas are located at landmarks that take advantage of perpendicular Wheel
Chair Accessible Routes into the development. The bus stop zone requires a minimum 150-foot no parking zone. The length of the Bus Stop Zone shall be increased by 50-feet in length
for each additional bus expected to stop simultaneously. [Ord. 2008-003] b. Additional site specific requirements Where applicable additional street side infrastructure (bus bays,
bulb outs, exclusive transit treatments) and curbside infrastructure (to meet ADA and other requirements) shall be specified by Palm Tran and shall be required at major intersections
and mass transit traffic generators. [Ord. 2008-003] Figure 5.H.2.B. – Bus Bay with Typical Bus Shelter Alignment [Ord. 2008-003] Unified Land Development Code Supplement No.
24 (Printed 10/18) Article 5 - Supplementary Standards 104 of 110 Figure 5.H.2.B - Bulb Out with Typical Bus Shelter Alignment [Ord. 2008-003] 2. Non-residential developments
of 100,000 square feet or more In addition to the above requirements, all non-residential development of 100,000 square feet or more shall provide a Mass Transit Circulation Plan prior
to final DRO approval. Mass Transit Circulation Plans apply to an area inside a development designated for internal Mass Transit circulation, bus stop(s), bus access, bus recovery
and any or all of the above Mass Transit Infrastructure/Facilities on or adjacent to the development. Bus access or bus stops should include, at a minimum, provisions for a covered
or sheltered bus boarding and alighting, continuous paved pedestrian and bicycle access from the bus stop to the use(s) it is intended to serve, and bicycle rack. Bus recovery area
should accommodate all bus routes within a six to eight mile radius including a 25 percent growth ratio factor. [Ord. 2008-003] 3. Development of Regional Impact (DRI) In addition
to the above requirements, an Inter-modal Transfer Center requirement to promote public transportation shall be applicable to DRI projects. Prior to final DRO approval, the property
owner shall consult with Palm Tran to ensure a suitable Inter-modal Transfer Center is provided on the Master Site Plan. In addition, provisions shall be made to fund any necessary
improvements to accommodate Palm Tran specifications for the following: [Ord. 2008-003] a. When Design Guidelines are provided, the property owner shall describe the optimal characteristics
of a fixed route transit (Palm Tran) and community based (shuttle/trolley) circulator system to include: [Ord. 2008-003] 1) Bus stops with unrestricted pedestrian access within ¼ mile
of all structures. [Ord. 2008003] 2) Community circulator service for movement within the site and interconnected with the fixedroute service and the inter-modal transfer center.
[Ord. 2008-003] 3) The location (spacing every 1/10 mile), timing, size, and appearance of bus stops and stations as well as details facilitating integration of bus stops with adjacent
development. [Ord. 2008-003] b. Construction of an inter-modal transfer center (typically 2-3 acres) shall commence with the first building permit and shall include, at a minimum, the
following: [Ord. 2008-003] 1) Park-N-Ride (typically 100-car capacity, convenient and adjacent commuter parking). [Ord. 2008-003] Unified Land Development Code Supplement No. 24 (Printed
10/18) Article 5 - Supplementary Standards 105 of 110 2) Accommodation for fixed route transit and community based circulator service for intermodal connections to include bus bays
and access to major roadway(s) [Ord. 2008-003] 3) Convenient and adjacent public restrooms (in accordance with Florida Building CodePlumbing paragraphs 403.1 and 403.6, and Table 403.1.A-3)
[Ord. 2008-003] 4) Transit shelters (minimum 50 commuter accommodation). [Ord. 2008-003] 5) Kiosks for mass transit schedule information [Ord. 2008-003] 6) Trash receptacles [Ord.
2008-003] 7) Lighting [Ord. 2008-003] 8) Bicycle storage [Ord. 2008-003] 9) Other seating and related infrastructure [Ord. 2008-003 10) Adjacent newspaper and other vending facilities
that no not impede commuter movements and connections. [Ord. 2008-003] Section 3 Site Plan and Plat Dedication Language A. Site Plan Language: All site plans meeting or exceeding
the minimum thresholds identified in Section 2.C. above shall include the following language: [Ord. 2008-003] 1. Bus Stop Boarding and Alighting Area(s): “Proposed 10’x30’ Palm Tran
Bus Stop Boarding & Alighting Area Easement” with arrow to designated area measuring 10-feet inside and perpendicular to the property line and 30-foot parallel and along the property
line. [Ord. 2008-003] 2. Mass Transit Circulation Plan: “Proposed Mass Transit Circulation Route” with arrow to the designated route identified by a dashed line “Palm Tran may exercise
the right of Mass Transit Circulation, Bus Access, and or Bus Stops on or adjacent to major ingress/egress and building entrances” should also appear on the site plan. [Ord. 2008-003]
B. Plat Dedication Language: Prior to Plat Recordation or issuance of the first Building Permit, whichever occurs first, the property owner shall convey and/or dedicate to Palm Beach
County an easement for Bus Stop Boarding and Alighting Area(s) in a form with terms and conditions approved by Palm Tran. Supporting documentation, shall include but not be limited
to, a location sketch, legal description, affidavit of ownership, attorney title opinion and other related documents as deemed necessary by Palm Tran. All recorded plats meeting or
exceeding the minimum thresholds identified in Section 1.C. above shall include the following language: The Mass Transit Easement as shown hereon is dedicated in perpetuity, by Owner,
to the Board of County Commissioners of Palm Beach County, its successors and assigns (hereafter "County"), for the construction, installation, maintenance and use of a public transit
boarding and alighting area, which use includes but is not limited to a public transit bus shelter, transfer station, and advertising. The Owner, its successors and assigns (hereafter
"Owner"), shall maintain the easement area until such time as the County constructs improvements in the easement area for its intended use and purposes, at which time the County will
assume maintenance of the easement area so long as the improvements are located thereon and County uses the easement area for its intended purposes. The maintenance obligation shall
automatically revert to the Owner upon County’s temporary or permanent cessation of use of the improvements or removal of the improvements. [Ord. 2008-003] C. Easement Language (if
dedicating as a separate document): Standard Easement document language has been developed by PBC Attorney’s Office. Required supporting documentation includes an original signed and
sealed legal description of the Bus Stop Boarding and Alighting Area consistent with the State of Florida Technical Standards for surveys and legal descriptions; an Opinion of Counsel
letter from the Grantor’s legal counsel certifying title and authority: and an Affidavit of Managing Member of Limited Liability Company. Other supporting documentation may be required.
[Ord. 2008-003] D. Property Owned by Palm Beach County All mass transit infrastructure/facilities shall be located, referenced and established in a form and manner that is mutually
agreeable to Palm Tran and the applicable Palm Beach County department(s). [Ord. 2008-037] (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed
10/18) Article 5 - Supplementary Standards 106 of 110 CHAPTER I MURALS Section 1 Purpose and Intent The purpose of this Chapter is to establish standards, and review and approval
procedures for murals. Murals are intended to contribute to and advance: streetscape aesthetics; architectural features or character of a building; a unique identity; sense of place;
civic pride; community interaction; or the preservation of local history or culture. [Ord. 2013-021] Section 2 Restrictions on Placement A. Non-residential Buildings and Structures
Murals shall be limited to non-residential buildings or structures supporting commercial, industrial, civic, recreational, cultural, or utilities uses, as identified in the Use Matrices
in Art. 4.B, Use Classification. [Ord. 2013-021] B. Adjacent to Interstate Highways Murals in the vicinity of any Interstate highways shall comply with the Federal Highway Beautification
Act as implemented through Chapter 10-14, FAC, as amended. [Ord. 2013-021] C. Adjacent to Residential Murals shall not be located on a mural surface within 200 feet of any property
line adjacent to a parcel with a residential use, district or FLU designation, unless: [Ord. 2013-021] 1. oriented so it cannot be seen from an adjacent residential parcel; [Ord. 2013-021]
2. the adjacent parcel supports nonresidential uses; [Ord. 2013-021] 3. separated by a collector or arterial street; or, [Ord. 2013-021] 4. separated from view by a building, structure,
or incompatibility buffer. [Ord. 2013-021] Section 3 Application Procedures A. General No murals may be placed on any buildings or structures unless in compliance with this Chapter,
and approved by the County Administrator. [Ord. 2013-021] B. Application Requirements An application form and requirements shall be specified by the County Administrator, and shall
include, but not be limited to, the following: [Ord. 2013-021] 1. Scale drawing depicting the proposed mural, including color and materials. [Ord. 2013-021] 2. A scale drawing of
the site depicting which building or structure elevation(s) will act as the mural surface(s). [Ord. 2013-021] 3. A detailed written and graphic description of the method which will
be used to securely affix the mural to the mural surface, including any drawings or specifications deemed necessary by the Building Official, or designee. [Ord. 2013-021] 4. A notarized
letter from the property owner: [Ord. 2013-021] a. authorizing the placement of the mural on the building or structure; and, [Ord. 2013-021] b. stating that the owner of the property
will maintain, repair or remove the mural if deemed necessary, in the event the artist fails to complete the installation of the mural, or due to deterioration or damage to the mural.
[Ord. 2013-021] 5. A proposed timeline for completion of the mural, upon approval of a mural application (not to exceed six months). [Ord. 2013-021] C. Review Mural applications
shall be reviewed in accordance with procedures established in the Public Art Committee Resolution R-2010-2092, as amended, and the following: [Ord. 2013-021] 1. Unless determined to
be insufficient, within ten days of accepting a mural application, the Building Division shall forward to FDO for review by the Public Art Committee. [Ord. 2013-021] 2. FDO shall schedule
a meeting of the Public Art Committee. [Ord. 2013-021] 3. The Public Art Committee shall conduct a public meeting and make a recommendation to the County Administrator, to approve,
approve with conditions, continue pending submittal of additional materials or clarification, or deny, in accordance with the following: [Ord. 2013-021] a. Not less than ten or more
than 60 days after submittal of a complete application, the Public Art Committee shall meet and review the application. Once the public meeting is scheduled, the following public notice
requirements shall be satisfied: [Ord. 2013-021] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 107 of 110 1) Public Notice
Boards The applicant shall provide public notice of the meeting by the posting of the property with signs in the following fashion; [Ord. 2013-021] a) The subject property shall have
notices posted by the applicant with information provided by FDO regarding the public hearing on one or more signs at least 15 days in advance of any public meeting. One sign shall
be posted for each 250 feet of frontage along a street up to a maximum of ten signs. All signs shall be: [Ord. 2013-021] (1) Evenly spaced along the street when more than one sign
per property is required; [Ord. 2013-021] (2) Setback no more than 25 feet from the property line; and, [Ord. 2013-021] (3) Erected in full view of the public. [Ord. 2013-021] Where
the property does not have sufficient frontage on a street, signs shall be in a location acceptable to FDO. The applicant shall submit photographs confirming the signs have been posted.
The failure of any such posted notice to remain in place after it has been posted shall not be deemed a failure to comply with this requirement or be grounds to challenge the validity
of any decision made by the approving authority. The applicant shall also be required to ensure the signs have been removed no later than five days after the final meeting. [Ord.
2013-021] b) Exceptions Signs posted by a public agency or the BCC may be posted on the nearest street or at major intersections leading to and within the subject property. [Ord. 2013-021]
b. The Public Art Committee recommendation to the County Administrator shall be based upon the following findings: [Ord. 2013-021] 1) The mural will accomplish the stated Purpose and
Intent of this Chapter; [Ord. 2013-021] 2) The artist is capable of completing the work in accordance with the plans and specification; [Ord. 2013-021] 3) The durability and expected
maintenance requirements are appropriate; and, [Ord. 2013021] 4) The materials to be used and the manner of application will not require excessive maintenance by its owner. [Ord. 2013-021]
c. In making its determination, the Public Art Committee may consider evidence and the opinions of the owners and occupants of affected properties. Absent favorable findings as required
hereby, the Public Art Committee shall recommend that a mural permit not be issued by the County Administrator. [Ord. 2013-021] 4. Within 30 days of the Public Art Committee rendering
a final recommendation, FDO shall forward the Committee’s recommendation and application to the County Administrator for final action. The County Administrator shall approve, approve
with conditions or deny the application based upon the completeness and accuracy of the application materials and the reasonableness of the Public Art Committee’s findings. The Administrator
shall have 30 days from receipt of Committee action to render a decision. The decision of the County Administrator shall be final. [Ord. 2013-021] 5. When a mural application is initiated
by FDO, FDO staff shall forward the Public Art Committee’s recommendation and application to the BCC on the Zoning Hearing agenda for final action. [Ord. 2013-021] Section 4 Design
Criteria A. Placement 1. Murals may be located on any mural surface (except as limited in the following subsections) of a building or structure; and [Ord. 2013-021] 2. Murals may
wrap around from one side of a building to the next. [Ord. 2013-021] B. Size Murals may cover the entire plane of the side of a building or structure, but shall not extend beyond
the edge of the façade surface or roofline. [Ord. 2013-021] C. Obstructions No mural may obstruct: [Ord. 2013-021] 1. The proper function of any exterior mechanical or electrical
equipment; or, [Ord. 2013-021] 2. Any emergency exits. [Ord. 2013-021] Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 108 of
110 D. Restrictions Except as stipulated in provisions for Signs within Murals below, no mural shall contain the following: [Ord. 2013-021] 1. Any commercial content such as logos,
icons, trademarks or brand name. [Ord. 2013-021] 2. Any moving, mechanical or electrical parts, or any material creating the illusion of movement or flashing. [Ord. 2013-021] 3. Any
material projecting more than six inches from the vertical face of the mural surface. [Ord. 2013021] 4. Any content that may be construed as a commercial message for the owner of the
building or business, or the artist. The artist may sign the mural with their full name or initials, within an area limited to five percent of the area of the mural, excluding any
imbedded signage, or up to four square feet in size, whichever is less. [Ord. 2013-021] 5. Anything that alters the intended purpose or function of an improvement (or element thereof)
expressly required by the ULDC or the Florida Building Code. [Ord. 2013-021] E. Signs within Murals Murals may contain or encompass a sign. Signage shall be permitted separately
in accordance with Art. 8, Signage. Signage shall be clearly delineated on all applicable Mural drawings as being separate and distinct from the mural. [Ord. 2013-021] F. Illumination
Murals shall only be illuminated in accordance with Art. 8.F.5, Illumination. [Ord. 2013-021] G. Applicability of Art. 8, Signage Unless otherwise specified, Murals approved in accordance
with this Chapter, shall be exempt from all other standards of Art. 8, Signage. [Ord. 2013-021] Section 5 Installation and Time for Completion of Mural A. Installation Murals shall
be installed in compliance with the drawings and specifications reviewed by the Public Art Committee and approved by the County Administrator. [Ord. 2013-021] B. Time for Completion
An applicant shall adhere to the timeline approved by the County Administrator. Time for the completion and successful inspection of the mural shall not exceed six months from the
issuance of the mural permit. After six months, the mural site improvement permit will expire, and the work may not continue, unless the applicant requests, and is granted a mural
permit renewal by the Building Division. In no case shall a mural permit be renewed more than one time without reconsideration of the renewal by the County Administrator. In the event
the time for completion has exceeded the approved timeline, and a request for a renewal has not been requested and granted, the County Administrator may declare the approval of the
mural void, and the project to be abandoned. If declared abandoned the surface(s) of the building shall be restored to a condition consistent with the PBC Property Maintenance Code.
[Ord. 2013-021] Section 6 Inspection Upon completion of the mural, the applicant shall contact FDO staff to arrange for an inspection for compliance with the drawings contained in
the approved mural application. [Ord. 2013-021] Section 7 Enforcement In the event the County Administrator declares the project abandoned, or the mural as installed or maintained
fails to materially comply with the drawings and specifications approved by the County Administrator, or with the permit or permit conditions, the owner of the property on which the
mural is located shall be subject to enforcement proceedings before the PBC Code Enforcement Special Masters pursuant to Art. 10, ENFORCEMENT. Should the owner be found non-compliant,
the Special Master may order the mural removed, or impose fines and penalties under Art. 10.B.3, Administrative Fines; Costs; Liens. The remedies contained in this section shall be
in addition to any other remedy available at law. [Ord. 2013-021] (This space intentionally left blank) Unified Land Development Code Supplement No. 24 (Printed 10/18) Article 5
- Supplementary Standards 109 of 110 CHAPTER J BEST MANAGEMENT PRACTICES FOR LIVESTOCK WASTE RECEIVED FROM OFFSITE SOURCES Section 1 Purpose and Intent The purpose and intent of
these regulations is to mitigate potential adverse environmental impacts, pathogens and other nuisances associated with the inappropriate use or disposal of livestock waste received
from off-site sources. Adverse impacts include but are not limited to: ground and surface water pollution due to excessive nutrient discharge, specifically nitrogen or phosphorus;
odors or other nuisance from improperly stored, composted or spread livestock waste. [Ord. 2013-021] Section 2 Applicability The standards shall apply to the storage or receiving of
livestock waste that is received from offsite sources. [Ord. 2013-021] A. Exemptions 1. Where pre-empted by State law, including but not limited to, the Right to Farm Act. Where
applicable, documentation of implemented Best Management Practices or other method of preemption shall be required; [Ord. 2013-021] 2. A SWA Designated Disposal Facility; [Ord. 2013-021]
3. The commercial application of fertilizer on non-agricultural property when in compliance with the Palm Beach County Fertilizer Ordinance (Ord. 2012-039); [Ord. 2013-021] 4. Composted
manure applied by a homeowner or tenant to residential lawns or gardens; and, [Ord. 2013-021] 5. Ten cubic yards per acre up to a maximum of 20 cubic yards in any 12 month period, with
all requirements being met, as listed under Section 3 below. [Ord. 2013-021] Section 3 Storage or Spreading of Livestock Waste The storage or spreading of livestock waste that is received
from off-site sources is prohibited, unless in compliance with the following: [Ord. 2013-021] A. Storage Storage areas shall be covered or contained to prevent run-off or seepage
of liquids or materials from the storage area. Storage of livestock waste shall comply with the following: [Ord. 2013-021] 1. Shall not be located within five feet of any structure,
unless placed within a structure intended for the storage or composting of such waste; [Ord. 2013-021] 2. Shall not be located within 25 feet of any property line, with exception to
internal lot lines of parcels owned by the same entity; and, [Ord. 2013-021] 3. Shall not be within 100 feet of a potable water supply well, a storm drainage system, wetland, pond,
canal or other water body. [Ord. 2013-021] B. Spreading Livestock waste received from off-site sources shall be spread within 72 hours of delivery, except for less than 10 cubic yards
that is actively being composted, or as otherwise approved in a Nutrient Management Plan. Storage shall comply with any applicable livestock waste Storage and Separation requirements.
Spreading of livestock waste shall comply with the following: [Ord. 2013-021] 1. Nutrient Management Plan Prior to receiving livestock waste, an application shall be submitted to
the Cooperative Extension Service (CES) for review. Upon completion of the review, the CES shall develop a Nutrient Management Plan which indicates whether application of any livestock
waste is appropriate for the soil condition, and if so, in what amount. [Ord. 2013-021] a. Application Form and Requirements The application form and requirements shall be in a manner
established by the CES. [Ord. 2013021] b. Validity of Nutrient Management Plan The Nutrient Management Plan shall remain current for three years after its issuance by the CES. A current
Nutrient Management Plan must be in place prior to receiving of livestock waste at any time. It shall be a violation of the ULDC, if livestock waste is stored or spread in a manner
inconsistent with the current Nutrient Management Plan. [Ord. 2013-021] 2. Separation The spreading of livestock waste shall not occur: [Ord. 2013-021] Unified Land Development Code
Supplement No. 24 (Printed 10/18) Article 5 - Supplementary Standards 110 of 110 a. Within 25 feet of any property line, with exception to internal lot lines of parcels owned by
the same entity; and, [Ord. 2013-021] b. Within 100 feet of a potable water supply well, a storm drainage system, wetland, pond, canal or other water body. [Ord. 2013-021]
Amendment History: [Ord. 2005-002; February 2, 2005] [Ord 2005-041; September 1, 2005] [Ord. 2006-004; March 1, 2006] [Ord. 2006-036; August 29,
2006] [Ord. 2006-055; December 1, 2006] [Ord. 2007-001; January 31, 2007] [Ord. 2007-013; September 4, 2007] [Ord. 2008-003; January 30, 2008] [Ord. 2008-037, September 4, 2008] [Ord.
2009-040; October 28, 2009] [Ord. 2009-047; December 18, 2009] [Ord. 2010-005; February 2, 2010] [Ord. 2010-022] [Ord. 2011-001; February 4, 2011] [Ord. 2011-016; September 6, 2011]
[Ord. 2012-003; February 1, 2012] [Ord. 2012-027; August 31, 2012] [Ord. 2013-001; January 31, 2013] [Ord. 2013-018; July 2, 2013] [Ord. 2013-021; August 30, 2013] [Ord. 2014-001; February
3, 2014] [Ord. 2014-025; September 3, 2014] [Ord. 2015-006; February 3, 2015] [Ord. 2014-031; July 7, 2015] [Ord. 2016-016; February 2, 2016] [Ord. 2016-042; September 27, 2016] [Ord.
2017-007; March 2, 2017] [Ord. 2017-025; August 28, 2017] [Ord. 2018-002; February 1, 2018] [Ord. 2018-018; August 29, 2018] Attachment 2 Palm Beach County Comprehensive Plan
Housing Element Palm Beach County Page i - HE 1989 Comprehensive Plan Revised 5/2/2018 Ordinance 2018-## TABLE OF CONTENTS HOUSING ELEMENT I. INTRODUCTION .................................
............................................................................... 1 A. Purpose .........................................................................................................
........... 1 B. Assessment and Conclusions ................................................................................... 2 II. GOALS, OBJECTIVES, AND POLICIES OBJECTIVE 1.1
Provision of Affordable Housing .......................................................... 5 OBJECTIVE 1.2 Substandard Housing .....................................................................
..... 8 OBJECTIVE 1.3 Relocation Housing ............................................................................. 9 OBJECTIVE 1.5 Concentrations of Affordable Housing .........................
.......................11 History: Adopted: 08/31/89, Ord. No. 89 - 17, Effective 09/11/89 Revised: 09/18/90, Ord. No. 90 - 32, Effective 10/04/90 Revised: 08/22/91, Ord. No. 91
- 31, Effective 09/15/91 Revised: 12/16/91, Ord. No. 91 - 48, Effective 12/27/91 Revised: 04/20/92, Ord. No. 92 - 06, Effective 05/01/92 Revised: 06/14/93, Ord. No. 93 - 09, Effective
06/28/93 Revised: 10/04/96, Ord. No. 96 - 32, Effective 11/22/96 Revised: 12/20/96, Ord. No. 96 - 51, Effective 01/29/97 Revised: 09/22/97, Ord. No. 97 - 32, Effective 12/03/97 Revised:
11/17/97, Ord. No. 97 - 51, Effective 01/14/98 Revised: 09/16/98, Ord. No. 98 - 45, Effective 11/12/98 Revised: 08/17/99, Ord. No. 99 - 29, 99-32, Effective 10/14/99 Revised: 08/27/01,
Ord. No. 2001 - 45, Effective 10/22/01 Revised: 12/05/01, Ord. No. 2001 - 76, Effective 1/28/02 Revised: 08/28/02, Ord. No. 2002 - 53, Effective 10/25/02 Revised: 08/21/03, Ord. No.
2003 - 42, Effective 10/27/03 Revised: 08/24/04, Ord. No. 2004 - 27, Effective 2/02/05 Revised: 11/28/05, Ord. No. 2005 - 55, Effective 01/24/06 Revised: 08/21/06, Ord. No. 2006 - 22,
Effective 10/23/06 Revised: 08/21/08, Ord. No. 2008-33, Effective 10/17/08 Revised: 08/25/09, Ord. No. 2009-32, 33, Effective 10/23/09 Revised: 04/25/13, Ord. No. 2013-11, Effective
06/08/13 Revised: 05/02/18, Ord. No. 2018-##, Effective ##/##/## T:\Planning\CompPlan\Edits by Round\18-B\Housing-18-B.doc Palm Beach County Page 1 - HE 1989 Comprehensive Plan
Revised 5/2/2018 Ordinance 2018-## HOUSING ELEMENT I. INTRODUCTION A. Purpose The purpose of the Housing Element is to: 1) identify existing and projected deficits in the
supply of housing to meet the needs of the County's population, particularly the very low and low income families; 2) analyze housing trends and the causes, scope and nature of any
housing problems, 3) develop appropriate plans, programs and policies to bring about the accomplishment of the necessary housing, whether through private-sector efforts, non-profit,
public/private partnerships or the public sector, and 4) to guide and coordinate all housing activities to eliminate duplications and increase efficiency of the housing delivery system.
The Housing Element of the Comprehensive Plan has several other characteristics that distinguish it from other Plan elements. First, housing is primarily provided by the private sector,
and market demand largely dictates the type and location of housing projects. The County's development regulations (e.g., Zoning and Building Codes) only guide the private sector in
the development and construction of housing. Second, because housing is an essential human need, the public sector has the responsibility to ensure adequate, safe housing, especially
for low, and very low income families, elderly and other disadvantaged groups. Third, the primary criterion for those seeking housing is not local jurisdiction except for those families
who can afford to choose a specific location. Factors determining housing selection include personal choice, financial limitation, value, safety and rent. Much of the planning and
coordination of affordable housing services delivery is done through other documents, required as part of State and federal funding programs. As a result the Housing Element does not
establish separate targets and approaches, but primarily utilizes the housing needs targets and reflects the strategies identified in the Five-Year Consolidated Plan and supports its
efforts to meet the need of very low, low and moderate income households, the homeless and non-homeless special needs populations. Every five years Palm Beach County is required to
submit a Five-Year Consolidated Plan to the US Department of Housing and Urban Development which describes how the County will pursue the overall goals of the community planning and
development programs, as well as housing programs. The Consolidated Plan addresses both the unincorporated County and the jurisdiction of the 29 municipalities who possess inter-local
agreements with the County for affordable housing and community development purposes. The Palm Beach County Five-Year Consolidated Plan, October 2015–September 2020 (July 2015) identifies
affordable housing issues and certain housing program’s expected resources and goals for the period of 20152020. In addition, the Consolidated Plan also includes data on substandard
housing, special needs populations, homeless populations, and those at risk of homelessness. Every three years, Palm Beach County is required to submit a Local Housing Assistance
Plan (LHAP) to the Florid Housing Finance Corporation as a condition of receiving an annual funding allocation from the State Housing Initiatives Partnership (SHIP) Program. The LHAP
establishes the program strategies through which the County will use SHIP funding to serve local housing needs during the three-year period for households with incomes up to 140% of
Area median Income. Palm Beach County Page 2 - HE 1989 Comprehensive Plan Revised 5/2/2018 Ordinance 2018-## The affordable housing needs through the 2020 planning period, as well
as data pertaining to rural and farmworker housing and substandard housing, are based on data provided by the Shimberg Center for Housing Studies (University of Florida). Terms
used in the Housing Element are defined in the definitions section of the Introduction and Administration Element of the Comprehensive Plan. B. Assessment and Conclusions Housing
Affordability Housing is typically considered to be affordable if monthly rents including utilities, or monthly mortgage payments including property taxes, insurance and utilities
(“gross housing costs”), do not exceed thirty percent (30%) of the median adjusted gross annual income for very low, low and moderate income households. Households are considered “cost-burdened”
when a household’s gross housing cost exceeds thirty percent (30%) of gross household income, resulting in less available income for other necessities such as food, clothing, and transportation.
Severe cost burden is the situation wherein a household’s gross housing cost exceeds fifty percent (50%) of gross household income. In accordance with typical lending standards, debt-to-income
ratios such as front end and back end ratios are also considered when determining affordability. Typical front end ratios allow up to 35% of household income to be committed for mortgage
and related expenses, and typical back end ratios allow up to 42% of household income to be committed to the mortgage and all other credit related debt. The focus of County efforts
is on affordable housing options for households in the very low to low income range (0-80% AMI), and on moderate and middle income range workforce housing, which the County’s program
defines as households from 60% up to 140% of AMI. Housing Needs for Very Low and Low Income Households Based on data provided by the Shimberg Center for Housing Studies (University
of Florida), approximately 104,245 renter and owner households with very low (0-50% of AMI) and low incomes (50%-80% of AMI) countywide were cost-burdened or severely cost burdened
in 2015. Further, the Schimberg Center projects a countywide increase from 2015 through 2025 of 14,278 severely cost burdened households, including 8,288 owners and 5,990 renters.
Workforce Housing Needs Data provided by the Shimberg Center offer an assessment of housing cost burden estimates for Workforce Housing households with low (60%-80% of AMI), moderate
(80%-120% of AMI) and middle incomes (120%-140% of AMI) located in the unincorporated portion of Palm Beach County in 2010, 2015 and 2020. The 2010 analysis identified that 38,894
households in the unincorporated area experience a housing cost burden of exceeding 30%, or a severe housing cost burden exceeding 50% of their household income. For the period from
2010-2020, the Shimberg Center data identified that an additional 3,897 households located in the unincorporated area will experience a housing cost burden or a severe housing cost
burden. From 2010 through 2020 nearly 16% of the households (42,563) within the unincorporated County with low, moderate and middle incomes (60%-140% of AMI) will experience a housing
cost burden of exceeding 30%, or a severe housing cost burden exceeding 50% of their household income. Palm Beach County Page 3 - HE 1989 Comprehensive Plan Revised 5/2/2018 Ordinance
2018-## Housing Needs for Special Needs Populations Special needs populations can include the homeless, the elderly or frail elderly, the physically disabled, persons with mental illness,
persons with developmental disabilities, alcohol or other drug addiction, persons with HIV/AIDS and their families, abused/neglected children, victims of domestic violence, veterans,
youth aging out of foster care, and ex-offenders. The Community Services Department is the County’s lead entity regarding special needs issues and assistance. The County’s 2017 Point
in Time Count indicated 1,607 persons were homeless on the day of the county, of which 780 of those individuals were sheltered and 827 unsheltered. The Shimberg Center estimates that
as of 2015 countywide there are 31,866 cost burdened households with a disabled member and income less than 50% AMI. Need Resulting from Overcrowded and Substandard Units In addition
to addressing the identified demand, efforts are also directed toward maintaining existing housing units through policies to eliminate substandard housing and provide for relocation.
The Shimberg Center‘s 2015 estimates indicated that countywide: 15,344 (2.49%) of the units have more than one person per room (an indication of overcrowding) 10,108 (1.9%) of
the occupied units in the unincorporated area use no home heating fuel source 8,576 (1.3%) of the units lack complete kitchen facilities 5,335 (0.8%) of the units lack complete
plumbing facilities Addressing Housing Needs The Five-Year Consolidated Plan is considered the best available data source to determine the housing needs and targets for Palm Beach
County when considering the housing funding that is reasonably expected to be available to the County for the FY 2015-2016 through 2019-2020 time period. The Plan addresses households
that will experience cost burden issues in its jurisdiction, both in the unincorporated County and within the 29 municipalities who possess inter-local agreements with the County for
affordable housing and community development purposes. The Department of Housing and Economic Sustainability (HES) administers the Five Year Consolidated Plan and the federal funds
covered thereunder, including the Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and the Neighborhood Stabilization Programs. These various programs
are reflected within the FiveYear Consolidated Plan’s estimates of available funding and the housing goals for the period from 2015-2020. Additionally, HES administers the County’s
Local Housing Assistance Plan which establishes housing strategies and funding allocations for the State Housing Initiatives partnership (SHIP) program. The County’s Planning, Zoning,
and Building Department (PZB) administers the Affordable Housing Program (AHP) assisting primarily in serving some of these cost burdened very low and low income (60% of AMI and below)
households. With the AHP, builders of residential developments receive certain development incentives in order to provide the housing units attainable to qualified income eligible
households for at least 15 years (for-sale) and 30 years (rental). Palm Beach County Page 4 - HE 1989 Comprehensive Plan Revised 5/2/2018 Ordinance 2018-## In addition, Palm Beach
County through PZB’s Workforce Housing Program (WHP) assists in serving some of the households that will experience cost burden issues. The WHP is designed to serve low and moderate
income households (60-120% of AMI) and also middle income (120140% of AMI) by requiring a component of housing units in new development in certain unincorporated areas of the county
be provided for these income groups at rents and sale prices that are to remain affordable for periods of at least 15 years (for-sale) and 30 years (rental). In September 2008, the
Board of County Commissioners adopted the Ten Year Plan to End Homelessness in Palm Beach County. The Plan outlines a strategy to design, fund and develop permanent housing solutions
for the County’s homeless population. The objective of the Ten Year Plan to End Homelessness in Palm Beach County is to create a local homeless response system that will completely
eliminate homelessness in ten years. A key step toward that objective was the 2012 opening of the County’s first Homeless Resource Center, located in the City of West Palm Beach, which
is designed to provide initial services and short-term housing to homeless persons residing in the County. There are various agencies and facilities serving special needs populations
in Palm Beach County. Some of the providers deal only with a single, discrete population; others may serve multiple populations. Some of the agencies only address only housing and
shelter needs, while others may provide a range of services, including advocacy, case management, and direct services. Geographic dispersal must also be addressed in order to avoid
the concentration of affordable housing in specific areas of the County, and at the same time consideration must also be given to the availability of public services and employment
opportunities when locating affordable housing. Palm Beach County Page 5 - HE 1989 Comprehensive Plan Revised 5/2/2018 Ordinance 2018-## II. GOAL, OBJECTIVES AND POLICIES It is
the GOAL of Palm Beach County to facilitate the provision of an adequate supply of safe, sanitary and affordable housing to meet the needs of the County's residents, with special attention
to the needs of very low, and low income households in addition to special needs populations. OBJECTIVE 1.1 Provision of Affordable Housing The County through the Department of Housing
and Economic Sustainability, shall provide ongoing implementation and monitoring of programs, and shall pursue and secure additional funding sources. The Commission on Affordable
Housing shall have responsibilities as defined in the Palm Beach County Affordable Housing Ordinance (Palm Beach County Code, Section 12-242 – Section 14-248). Policy 1.1-a: For the
period 2015-2020, Palm Beach County shall utilize the strategies identified in the Five-Year Consolidated Plan for Palm Beach County in its efforts to meet the need of very low and
low income households. Policy 1.1-b: The Commission on Affordable Housing shall have responsibility for reviewing progress and making recommendations on affordable housing policies
in the County through an annual report and special reports in accordance with the Palm Beach County Affordable Housing Ordinance (Palm Beach County Code, Section 12-242 – Section 14-248).
The Department of Housing and Economic Sustainability shall continue to evaluate the County's progress in encouraging affordable housing for very low, low and moderate income persons.
Policy 1.1-c: The Department of Housing and Economic Sustainability shall continue to provide for the administration of local activities related to the State Housing Initiative Partnership
(SHIP) program, and the Robert Pinchuck Memorial Affordable Housing Trust Fund (the “Affordable Housing Trust Fund”). Policy 1.1-d: The Department of Housing and Economic Sustainability
shall continue to provide for the administration of formula grants for the Community Development Block Grant Program (CDBG), the HOME Investment Partnership, and the Neighborhood Stabilization
Program. The Community Services Department shall provide administration of the Emergency Solutions Grant Program (ESG). Policy 1.1-e: The Department of Housing and Economic Sustainability
shall pursue additional funding and utilize all available federal state and local programs and resources to meet the housing needs of very low, low, and moderate income households,
including rural and farmworker households. Policy 1.1-f: The County shall continue to expand the housing stock through the utilization of the Affordable Housing Trust Fund and other
efforts to identify and secure additional funding sources; including: The Affordable Housing Trust Fund will continue to provide funding to programs as approved by the Board of County
Commissioners and pursuant to the Local Housing Assistance Plan and F.S. 420.975. Palm Beach County Page 6 - HE 1989 Comprehensive Plan Revised 5/2/2018 Ordinance 2018-## Policy
1.1-g: The Department of Housing and Economic Sustainability in coordination with the Planning, Zoning, and Building Department shall provide the ongoing monitoring and tracking of
affordable housing units being funded and built through County programs, and the evaluation of progress being made in meeting the current and projected affordable housing need. Policy
1.1-h: The County shall continue the review and streamlining as needed, of those ordinances, codes and regulations related to the permitting process, in order to continue the reduction
of excessive requirements and amend or add other provisions that increase private sector participation in adding to the supply of affordable housing. The County shall designate the
Planning, Zoning, and Building Department as the lead agency, with assistance from the Department of Housing and Economic Sustainability, Engineering and other appropriate Departments.
Policy 1.1-i: The County shall inventory all surplus County-owned land and foreclosed properties that could be used to promote affordable housing provision and production. The Property
and Real Estate Management Division shall coordinate identification of such lands with municipalities, the Palm Beach County School Board, the South Florida Water Management District
and other public land owners in Palm Beach County, to produce a list of viable sites for affordable housing developments and special needs housing, including rural and farmworker households.
The County’s Property and Real Estate Management Division, in coordination with the Department of Housing and Economic Sustainability, shall be responsible for the review of the inventory.
The County may also provide direct land grants to private not-for-profit agencies and may make land available for exchange with developers and property owners, securing land for public
purposes while offering exchange sites for affordable housing. Policy 1.1-j: Planning, Zoning and Building shall establish a Task Force to establish principals and criteria to guide
the location and development of single room occupancy units, including accessory apartments, as alternatives for affordable housing in the unincorporated County. Policy 1.1-k: The
County shall increase its effectiveness addressing Housing needs by: 1. designating the Planning, Zoning and Building Department as the lead department for all data efforts for the
Housing Element; 2. coordinating housing policy objectives with all County agencies, such as the Department of Planning, Zoning and Building; the Department of Housing and Economic
Sustainability, the Housing Finance Authority, and other public and private entities. 3. The County shall also assist and encourage public/private partnerships with private community-based
non-profit agencies and other private sector agencies that further County housing policy objectives, in order to improve cooperation among participants involved in housing production
and to enhance the feasibility of producing and delivering affordable housing. Policy 1.1-l: The Department of Housing and Economic Sustainability with the assistance of the Commission
on Affordable Housing shall continue to coordinate with the municipalities in the provision of affordable housing within their city limits, to assist Palm Beach County Page 7 - HE
1989 Comprehensive Plan Revised 5/2/2018 Ordinance 2018-## the County with the provision of affordable housing. Among the strategies to be explored are: 1. Tax abatements; 2. Provision
of infrastructure for affordable projects by practices such as tax increment financing; 3. Conveyance of public property; 4. Payment into the County's Affordable Housing Trust Fund;
and 5. Incentives and interlocal agreements with municipalities that will assist the County with the provision of affordable housing affordable housing units within the Revitalization
and Redevelopment Overlay and CDBG Target Areas. The feasibility of these strategies shall be evaluated and recommendations will be made by the Department of Economic Sustainability
in coordination with the Commission on Affordable Housing. Policy 1.1-m: The Department of Housing and Economic Sustainability with the assistance of Planning, Zoning and Building
shall provide for the coordination, outreach and information dissemination of all aspects of the housing delivery system including availability and location of affordable housing assisted
with Federal, State, or County funds. Policy 1.1-n: The County shall provide education-awareness programs, so that the public can gain a better understanding of the need for affordable
housing. These programs should also address residents’ aversion to the proximity of affordable housing and the general negative public perception regarding affordable housing. Policy
1.1-o: The County shall preserve affordability of affordable housing units developed through the Workforce Housing Program and the Affordable Housing Program as follows: 1. The Workforce
Housing Program will target households with incomes ranging from 60%-140% of area median income. 2. The Affordable Housing Program will target households at or below 60% of area median
income. The Workforce Housing Program and Affordable Housing Program units shall be made available at a rate affordable to the specified income groups, and only to income-eligible
households for a period of time to be set forth in the Unified Land Development Code (ULDC). All Workforce Housing Program and Affordable Housing Program criteria shall be subject
to the review and approval of the Board of County Commissioners. Policy 1.1-p: Planning, Zoning and Building shall continue to ensure the Unified Land Development Code contains minimum
standards and specifications for the construction of manufactured structures, mobile homes or buildings in residential zoning districts, and include supporting infrastructure and public
facilities. To ensure the availability of adequate sites manufactured structures or buildings shall be permitted in all residential zoning districts, subject to the limitations set
forth in the Future Land Use Element, and further restricted by the Palm Beach County Unified Land Development Code. Palm Beach County Page 8 - HE 1989 Comprehensive Plan Revised
5/2/2018 Ordinance 2018-## Policy 1.1-q: Planning, Zoning and Building, and the Engineering Department shall provide for the continuation of the Traffic Performance Standards Methodology
for affordable housing pursuant to the Transportation Element. Policy 1.1-r: Planning, Zoning and Building shall encourage through the development review process, affordable and
public housing developments to include day care and adult care facilities, and basic accommodations for the provision of job training, empowerment training and entrepreneurial training
programs. Policy 1.1-s: The County shall develop a program to address the housing needs of the elderly and other special needs groups with very low, low, and moderate incomes. Policy
1.1-t: Deleted in Amendment Round 03-1 Policy 1.1-u: Deleted in Amendment Round 18-B Policy 1.1-v: Deleted in Amendment Round 18-B Policy 1.1-w: The County shall identify
sites (County owned properties) that are suitable for the Workforce Housing and/or Affordable Housing Programs. OBJECTIVE 1.2 Substandard Housing The County shall provide for the
elimination of substandard housing through code enforcement and shall establish principles to guide housing conservation, rehabilitation and demolition. Policy 1.2-a: The County shall
provide for increased code enforcement activities and designate the Code Enforcement Division responsible for the following: 1. Provide annual inspections of the housing stock in the
County’s most blighted unincorporated neighborhoods where code violations are most prevalent; and 2. Provide for continued special concentrated code enforcement activities such as
“target area programs” and the utilization of the “Community Support Team”, where warranted. Policy 1.2-b: Deleted in Amendment Round 18-B Policy 1.2-c: The County shall provide
for the input and assistance of private, not-forprofit community-based organizations and other private interests to coordinate activities designed to eliminate or rehabilitate substandard
housing stock, and shall encourage public/private partnerships to accomplish this objective. The County shall target these activities within its most blighted districts. The Department
of Housing and Economic Sustainability shall participate in these activities. Policy 1.2-d: The County shall continue to permit mixed-use and other innovative reuses, including single
room occupancies (SRO’s) of the existing housing stock that result in the removal of substandard housing units. Policy 1.2-e: The County shall facilitate quality affordable housing,
through stabilization of neighborhoods and identification and improvement of existing housing and Palm Beach County Page 9 - HE 1989 Comprehensive Plan Revised 5/2/2018 Ordinance
2018-## neighborhoods, including those of historical significance, through rehabilitation and adaptive reuse strategies, in order to increase affordable housing stock. Policy 1.2-f:
Planning, Zoning and Building, shall continue to locate, identify and evaluate additional historically significant housing properties associated with the archeological, architectural,
historical, engineering and cultural development of the unincorporated portion of Palm Beach County through the update of its historic sites survey, and list the sites in the Florida
Master Site File (FMSF). Policy 1.2-g: The Department of Housing and Economic Sustainability shall continue to pursue federal and state funding, including CDBG funds, for the rehabilitation
or demolition of substandard housing. Allocation of funds from the Affordable Housing Trust Fund should also be provided. OBJECTIVE 1.3 Relocation Housing The County shall provide
for relocation housing and minimize the displacement of very low and low-income households. Policy 1.3-a: The County, within its Community Development Block Grant (CDBG) areas, and
to the extent required by regulations of the funding sources being utilized (CDBG and/or HOME), and shall assist in the relocation of displaced persons as funds are available. The
County shall pursue all available sources of funding to assist in the relocation of those persons of very low and low income. Policy 1.3-b: The County shall require that developers,
following development approval, facilitate the relocation of very low and low income families displaced by a proposed project, through, at a minimum, the provision of information on
available, affordable units in the area, to the displaced very low and low income households and service agencies. OBJECTIVE 1.4 Provision of Special Needs Housing The County shall
provide for the creation and preservation of housing and programs to adequately address the needs of all households with “special needs”, including the homeless, the elderly or frail
elderly, the physically disabled, persons with mental illness, alcohol or drug addiction, persons with HIV/AIDS and their families, abused/neglected children, victims of domestic violence,
veterans, youth aging out of foster care, and ex-offenders, and including rural and farmworker populations. The County and shall ensure the provision of foster care, group homes and
other special needs facilities in a range of land use categories. The efforts indicated in the following policies shall be directed toward the meeting the needs identified by the Palm
Beach County Five-Year Consolidated Plan, 2015-2020, the “Ten Year Plan to End Homelessness in Palm Beach County,” and the farmworker housing deficit needs identified by the Shimberg
Center in Policy 1.4-a. Policy 1.4-a: Palm Beach County shall utilize the strategies identified below in its efforts to meet the need for special needs housing. The Shimberg Center
(University of Florida) estimates a total of 31,866 cost-burdened households countywide which have a disabled member and income less than 50% AMI, including 16,232 owners and 15,564
Palm Beach County Page 10 - HE 1989 Comprehensive Plan Revised 5/2/2018 Ordinance 2018-## renters. The Shimberg Center also estimates a need for 165 multi-family units countywide
to meet farmworker housing needs. 1. The Department of Housing and Economic Sustainability and with recommendations from the Commission on Affordable Housing shall continue to help
address the county’s special needs housing deficiencies by establishing policies and procedures that will provide continued financial assistance to proposed eligible housing projects
that will produce affordable rental and homeownership opportunities for households with special needs. Special Needs housing and services shall remain a priority in the Department of
Housing and Economic Sustainability's Five Year Consolidated Plan. Also, the Department of Housing and Economic Sustainability shall market its housing assistance programs in order
to facilitate participation by eligible special needs individuals and households. 2. The Department of Housing and Economic Sustainability and the Community Services Department shall
provide technical and financial assistance to providers of special needs housing and services. Local funding sources shall continue to include the Community Development Block Grant
(CDBG) program, the Home Investment Partnership Program, the Emergency Solutions Grant Program (ESG), and the State Housing Initiative Partnership (SHIP) program, and the Affordable
Housing Trust Fund. The above mentioned county agencies shall also continue to directly apply for state and federal special needs housing funds when warranted. 3. The Department
of Housing and Economic Sustainability and the Community Services Department shall provide coordination and outreach with agencies involved in the development of housing for all special
needs populations, including rural and farmworker populations. 4. The Community Services Department shall continue to serve as the County’s lead agency for implementation of the
Ten Year Plan to End Homelessness in Palm Beach County adopted by the Board of County Commissioners in September 2008. Policy 1.4-b: The County, through the Building Division and
the Department of Housing and Economic Sustainability, where applicable, shall provide for the compliance of housing projects, including special needs housing projects, with the Americans
with Disabilities Act (ADA). Policy 1.4-c: The County shall provide for foster care, group homes and other special needs facilities to be permitted in residential neighborhoods. Farmworker
housing is currently permitted in the Agriculture Reserve (AGR), Agriculture Production (AP) and Special Agriculture (SA) land use categories. Policy 1.4-d: The location of special
needs and farmworker housing shall be guided by the following principals and criteria. Special needs housing shall be located in proximity to the appropriate support infrastructure,
services and facilities including Palm Tran and existing transportation disadvantaged programs. Special needs housing shall be permitted in all appropriate residential, commercial
and institutional land use categories, through the use of group homes, Congregate Living Facilities (CLF’s), accessory apartments and rental housing associated with places of worship.
Farmworker housing Palm Beach County Page 11 - HE 1989 Comprehensive Plan Revised 5/2/2018 Ordinance 2018-## shall be located in proximity to areas of agriculture employment and
shall require a minimum of twenty-five (25) acres. The Planning, Zoning, and Building Department and the Community Services Department, shall be responsible for establishing any additional
principles and criteria as may be necessary. Policy 1.4-e: The Department of Housing and Economic Sustainability, in coordination with the Planning, Zoning, and Building Department
shall to the extent feasible provide the ongoing tracking of the number of units being funded and built through both County and private sector efforts, and the evaluation of progress
being made in meeting the housing needs of special needs populations. Policy 1.4-f: Deleted in Amendment Round 18-B Policy 1.4-g: The County shall participate with non-profit agencies
and other support groups to plan and coordinate arrangements for low-cost rental housing and nonhousing support services such as information services, technical assistance and financial
assistance for farmworkers and their families. Policy 1.4-h: The County shall coordinate with, and use the resources of the State of Florida, United States Department of Agriculture
Rural Development, and the Department of Housing and Urban Development to administer programs to improve housing opportunities for farmworkers. Policy 1.4-i: The County shall continue
to provide information and referral services to migrant workers for legal assistance to obtain adequate housing. Policy 1.4-j: Deleted in Amendment Round 18-B OBJECTIVE 1.5 Concentrations
of Affordable Housing The County shall make adequate provisions to enable the public, private and not-for-profit sectors to provide affordable housing, and shall support the distribution
of housing for very low, low, moderate and middle income households, to avoid undue concentrations of very low and low income housing throughout the County through the Workforce Housing
Program and the Affordable Housing Program. Policy 1.5-a: The County shall provide for a sufficient amount of land for residential use to meet future housing needs, including very
low, low, and moderate income, and to accommodate the projected population. The Planning Division shall be responsible for analysis and recommendations to the BCC for this task. Policy
1.5-b: Deleted in Amendment Round 04-1. Policy 1.5-c: Deleted in Amendment Round 04-1. Policy 1.5-d: Deleted in Amendment Round 18-B Policy 1.5-e: The County may provide incentives
to increase the presence of moderate, or higher income households within areas of high concentrations of affordable housing. These incentives may include subsidy programs to reduce
the purchase cost of units, and/or to facilitate the rehabilitation of housing units. Palm Beach County Page 12 - HE 1989 Comprehensive Plan Revised 5/2/2018 Ordinance 2018-## Policy
1.5-f: The Planning, Zoning and Building Department shall revise the Unified Land Development Code (ULDC) to eliminate processing fees for residential Zoning petitions, which are for
the purpose of providing affordable housing units in areas of low concentrations of very low, and low income households. Policy 1.5-g: The County’s mandatory Workforce Housing Program
requires new residential developments to provide a percentage of housing units for households with incomes from 60% to 140% of area median income as a means to meet affordable housing
needs and to disperse that needed housing in the unincorporated County. For land use LR1, the PUD density does not apply. The Agricultural Reserve Tier is exempt from this program.
The Workforce Housing development evaluation shall address specific criteria, including but not limited to: 1. Eligible developments must have a minimum number of 10 permitted units;
2. Workforce units can be both rental units and for sale units; 3. Workforce units built on site will be designed to be compatible with the overall development; 4. Workforce units built
on-site can be clustered or integrated within the development; 5. Rental unit and resale unit affordability controls shall be guaranteed for a period to be set forth in the Unified
Land Development Code (ULDC); 6. Workforce units may be allowed based on location, and land use compatibility, in any of the following land use categories: Commercial (mixed use);
Industrial (mixed use); Economic Development Center; Institutional and Public Facilities, Traditional Town Development (TTD); and Multiple Land Use (MLU). Incentives shall include:
1. For LR-1, LR-2, and LR-3, a density bonus of up to 30%. 2. Traffic performance standards mitigation, 3. An expedited permit, zoning, and land use site plan approval process including
engineering plating procedures. 4. A method to effectively offset impact fees and other development fees for the Workforce units only may be included. Density Bonus Greater than 30%
For land uses MR-5, HR-8, HR-12, and HR-18 a density bonus greater than 30%, up to 100%, shall be permitted when all program criteria are met and the increased density creates no
compatibility issues with adjacent properties. When a density bonus of greater than 30% is sought, the Workforce Housing development evaluation shall address the specific criteria
(#1 - 6.) listed above and in addition the following criteria: 1. Eligible developments must be located inside the Urban/Suburban Tier; 2. Developments are required to be located
near mass transportation and/or employment centers in order to receive a 100% density increase; Palm Beach County Page 13 - HE 1989 Comprehensive Plan Revised 5/2/2018 Ordinance 2018-##
3. Existing very-low and low income concentrations in order to discourage undue concentrations; and 4. Review of County Housing Study Sector. The specific program criteria including
developer incentives will be set forth within the Unified Land Development Code (ULDC). Policy 1.5-h: The Planning Division shall prepare an annual report that describes all Workforce
Housing Program and the Affordable Housing Program activities during the previous year. The annual report shall be provided to the Board of County Commissioners. Policy 1.5-i:
The County shall establish a Affordable Housing Program to allow new residential developments within the Urban/Suburban Tier only, the opportunity to provide housing units for households
with incomes at 60% of area median income and below, as a means to meet affordable housing needs and to disperse that needed housing in unincorporated Palm Beach County. Incentives
shall be offered that will generally mirror the benefits of the Workforce Housing program criteria. Density bonus units will be allowed only when consistent with Housing Element Objective
1.5 to discourage the undue concentration of very low and low income housing in the County. Consideration will be given to specific proposals that target households with incomes
that crossover both the Workforce Housing and the Affordable Housing Programs. The Agricultural Reserve Tier is exempt from this Program. T:\Planning\CompPlan\Edits by Round\18-B\Housing-18-B.doc
Attachment 3 Palm Beach County Workforce Housing Program Approved Projects through August 2018 Number Name WHP Units Status Single Family Approved Single Family Built Multi
Family Approved Multi Family Built Total Approved Total Built Total Remaining 1 Abbington 3/3* Builtout 55 55 0 0 55 55 0 2 Andalucia 8/8* Developing 204 54 42 26 246 80 166 3 Aqualina
(PGA Waterfront) 4/4** Approved DO - Unbuilt 0 0 88 0 88 0 88 4 Arden (Highland Dunes) 60 Developing 1,880 40 120 0 2,000 40 1,960 5 Atlantic Commons PUD 22 Builtout 458 458 395 395
853 853 0 6 Auburn Park (Veritas) 1/1* Builtout 23 23 0 0 23 23 0 7 Avalon Trails at Villages of Oriole 13/13** Approved DO - Unbuilt 104 0 417 0 521 0 521 8 Aviara Green 18 Approved
DO - Unbuilt 0 0 60 0 60 0 60 9 Aviara Lake Worth (Vivendi Homes) 6 Developing 0 0 36 4 36 4 32 10 Berkeley Boca (Collier PUD) 4/4* Developing 57 7 0 0 57 7 50 11 Blu Atlantic Apartments
62 Builtout 0 0 171 171 171 171 0 12 Boca Del Mar (Golf Course) 6/6** Approved DO - Unbuilt 115 0 137 0 252 0 252 13 Boca Dunes 5/5* Developing 0 0 211 36 211 36 175 14 Boca Lago 3/3*
Approved DO - Unbuilt 0 0 130 0 130 0 130 15 Boca Reserve 5/5* Builtout 44 44 0 0 44 44 0 16 Briella PUD 23 Builtout 0 0 230 230 230 230 0 17 Cambria Parc (Flavor Pict Townhomes) 34
Developing 0 0 256 139 256 139 117 18 Casa del Sol 2 Developing 0 0 34 5 34 5 29 19 Colonial Lakes 12 Builtout 0 0 132 132 132 120 12 20 Colony Reserve (Colony at LW) 11 Builtout 1
1 190 190 191 191 0 21 Cypress Royal 10 Developing 74 20 0 0 74 20 54 22 Elysium (Osprey Oaks) 37 Builtout 171 171 37 37 208 208 0 23 Fields at Gulfstream Polo 36 Developing 457 37
516 110 973 147 826 24 Green Cay Village 320 Developing 286 0 420 420 706 420 286 25 Green Lake Apartments 2 Builtout 0 0 8 8 8 8 0 26 Gulfstream Preserve PUD 37 Developing 211 211
37 0 248 211 37 27 Gulfstream Villas 3 Builtout 0 0 6 6 6 6 0 28 Hamlet Estates at Lake Worth 9 Approved DO - Unbuilt 103 0 0 0 103 0 103 29 Hampton Cove (Juno Landings) 2/2* Builtout
0 0 32 32 32 32 0 30 Herbetz Apartments 11 Developing 0 0 11 6 11 6 5 31 In the Pines North 30 Builtout 0 0 30 30 30 30 0 32 Kindred Cove (Hendrick Property) 1/1** Builtout 33 33 0
0 33 33 0 33 Lake Point Condominiums 1 Approved DO - Unbuilt 0 0 34 0 34 0 34 34 Mango Cove 2 Approved DO - Unbuilt 0 0 36 0 36 0 36 35 Oasis (Cameron Park PUD) 5 Builtout 0 0 324 324
324 324 0 36 Palazzo at Casa Brea (Toscana Isles) 142 Developing 208 0 206 206 414 206 208 37 Pioneer Royale 1/1** Approved DO - Unbuilt 34 0 0 0 34 0 34 38 Pointe 100 (Boca Pointe)
3/3* Builtout 100 100 0 0 100 100 0 39 Pointe of Woods PUD (Cheney Ranch) 3/3** Approved DO - Unbuilt 109 0 0 0 109 0 109 40 Polo Trace 26/26** Developing (389 pre-existing) 713 389
0 0 713 389 324 41 Purdy Royale PUD (Angelocci) 1/1** Approved DO - Unbuilt 52 0 0 0 52 0 52 42 Ranchette Lake (Auchmuty) 1/1** Approved DO - Unbuilt 44 0 0 0 44 0 44 43 Ranchette Royale
2/2* Approved DO - Unbuilt 41 0 0 0 41 0 41 44 Reflection Bay 30 Approved DO - Unbuilt 0 0 689 0 689 0 689 45 Serafica 11 Approved DO - Unbuilt 0 0 11 0 11 0 11 46 Silverleaf (Lantana
Farms) 2/2** Developing 141 15 0 0 141 15 126 47 Silverwood Estates (Marquez-Jones) 32 Developing 222 150 0 0 222 150 72 48 Sunset Drive Duplex 1 Builtout 0 0 6 6 6 6 0 Attachment 3:
Breakdown of Residential Projects with Workforce Housing Program Units - Palm Beach County Planning, Zoning & Building- August 2018 1of 2 49 The Atlantic at Delray (Stonybrook on the
Lake) 63 Builtout 0 0 346 346 346 346 0 50 The Groves (Sabal Grove) 7 Builtout 0 0 67 67 67 67 0 51 Town Commons PUD 18 Approved DO - Unbuilt 0 0 132 0 132 0 132 52 Uptown Boca Raton
(Johns Glades West) 114 Approved DO - Unbuilt 0 0 456 0 456 0 456 53 Vista Village Park (Mirzadeh Apartments) 14 Builtout 0 0 34 34 34 34 0 54 Wellington Club (Woodwind PUD) 156 Builtout
0 0 202 202 202 202 0 55 Windsor Place MXPD 18 Approved DO - Unbuilt 0 0 320 0 320 0 320 Grand Total 1456 5,940 1,808 6,609 3,162 12,549 4,958 7,591 2of 2
.pdf
Trienn~1.pdf
Triennial Report 2018.pdf
application/pdf
70A7CDD5773CBC4D9583897B91FE4687@gulf-stream.org
EnUs
Palm Beach County’s local affordable housing advisory committee, the Commission on Affordable Housing, undertakes a triennial review of local ordinances, regulations, policies, and
plans and makes recommendations for incentives to facilitate affordable housing. This effort most recently resulted in the attached Triennial Affordable Housing Incentives Review and
Recommendations Report (November 2018). We encourage you to review your own municipal policies, regulations, and plans for consistency with the Triennial Report recommendations.
Further, you may wish to consider adopting comparable local incentive strategies that will facilitate affordable housing in your municipality. Should you have any questions regarding
the Triennial Report, please feel free to contact me at the number below.
Additionally, your municipality is welcome to attend the CAH’s public meetings to gain insight on its workings and perhaps share your perspective and efforts regarding affordable housing
within your municipality. If you would be so kind as to identify a contact person, we will send advance notices of such meetings. Thank you,
Carlos R. Serrano, Director of Strategic Planning and Operations
Department of Housing and Economic Sustainability
100 Australian Avenue, Suite 500
West Palm Beach, FL 33406
Phone: (561) 233-3608
Website: http://discover.pbcgov.org/hes
_____
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity.
Instead, contact this office by phone or in writing.