royal poinciana mixed use overlay area

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ROYAL POINCIANA MIXED USE OVERLAY AREA
September 28, 2009
Note: This Document is in DRAFT form
EXECUTIVE SUMMARY
PROPOSED AMENDMENTS TO THE TOWN OF PALM BEACH’S
LAND DEVELOPMENT REGULATIONS AND
COMPREHENSIVE PLAN
BACKGROUND
Over the past 24 months, the Town of Palm Beach has been conducting a series of public
meetings in different formats to gather community input regarding the Royal Poinciana Area.
The public meetings conducted to date are:
‐
‐
The Royal Poinciana Area Charrette (December 2007 - April 2008):

A series of Charrette Steering Committee meetings between December
2007 and April 2008;

4 days of 30-minute , one-on-one interviews with staff, elected officials,
business and property owners, and residents (January 2008);

7-days of intense public design process attended by over 200 people
(February 2008) ;

1 Presentation of Work in Progress at the Breakers attended by over 230
people (February 2008);

2 presentations to Planning and Zoning Commission (April/May 2008);

2 presentations to the Town Council (May/December, 2008);

1 Joint Commission meeting (P&Z, Landmarks, ARCOM) (2008);

3 Individual Commission meetings (ARCOM, P&Z, Landmarks)
(July/August 2008);

1 presentation to the Palm Beach Civic Association attended by over 300
people (October, 2008);

1 Presentation to the Chamber of Commerce (December 2008).
2 Public workshops to solicit community input (The Breakers -March 2009)
September 28, 2009 ‐ i ‐ ROYAL POINCIANA MIXED USE OVERLAY AREA
EXECUTIVE SUMMARY
‐
Planning & Zoning Commission meeting where the Commission endorsed concept of
height and density bonuses and recommended the same to the Town Council. (April,
2009)
‐
Town Council meeting, where the Council endorsed bonus height and density concept
and directed staff to arrange for a consulting contract to prepare comprehensive plan
and zoning text changes. (May, 2009)
The recommendations that stemmed from these public events were gathered, evaluated, and
developed into a format that will allow their implementation. This format constitutes text
amendments to the Town’s Land Development Regulations (LDRs) and Comprehensive Plan.
All text amendments will be reviewed in accordance with corresponding Florida Statutes, as well
as by the Town’s elected officials, the Planning and Zoning Commission, Town staff, and the
community as a whole. Amendments to the Town’s Comprehensive Plan will additionally be
reviewed by the corresponding Regional and State agencies.
HOW THE PROPOSED AMENDMENTS WORK
Amendments are proposed as an OVERLAY.
The existing, underlying zoning (C-TS) remains in effect.
As such, developing under the regulations of the overlay is OPTIONAL.
REGARDING HEIGHT:
A consensus regarding height bonus increases was reached during the public meetings as a
means to preserve the historic character and small town feel of the Royal Poinciana Area, while
recognizing economic necessities and hardship related to improving existing structures or even
building new ones. In order to create a balanced, pedestrian friendly environment, additional
height was deemed acceptable, provided it is executed in a manner that is “organic”, and that is,
for the most part, set-back from the property line.
Community Leverage
The proposed LDR’s address height increases as leverage in exchange for community benefits.
As such:
¾ No height increases are awarded “as-of-right”.
¾ Height increases can only be achieved by:
a. Providing publicly accessible open space,
b. Providing underground parking, or
September 28, 2009 ‐ ii ‐ ROYAL POINCIANA MIXED USE OVERLAY AREA
EXECUTIVE SUMMARY
c. Financially contributing towards community improvements in or for the Overlay
Area.
¾ Height increases resulting from this incentive program are in effect the equivalent to a
single additional story (i.e. a third story). Only in special cases and locations, the area of
the third story can be “split” and a small percentage of the third story can be placed as a
fourth story. In both cases, additional height shall be set back from the property line, so
the perception at street-level will not significantly change from the current condition.
SECTION 134-1509 (PAGE 31) OF THIS DOCUMENT ADDRESSES HEIGHT BONUSES IN THE
OVERLAY AREA
REGARDING DENSITY:
‐
A consensus was also reached regarding density bonus increases to achieve a mixed
use environment that is stable, both aesthetically as well as economically. Density
bonuses will contribute to preserve and improve the “Town-Serving” function of the area,
protect local retailers, and ensure the long-term economic viability and beauty of the
area. Density bonuses will additionally create a more use-balanced, pedestrian friendly
environment, which will in turn effectively improve traffic congestion in the area.
Community Leverage
The proposed LDR’s also treat density increases as leverage in exchange for community
benefits. As such:
¾ No density increases are awarded “as-of-right”.
¾ The density for every parcel shall remain at 6 units per gross Palm Beach acre.
¾ An “Area-Wide Density Bank” is proposed, from which developments can “draw”, up to a
certain density per acre (above the existing density).
¾ The Density Bank is capped at 200 residential units for the entire Royal Poinciana Area
(or, 6 units per gross Palm Beach acre, the same as that for privately owned land).
¾ The impacts and performance of this Density Bank and the Density Bonus Program will
be evaluated after 60 months of the date of adoption. At that time, the Town Council
shall decide whether to continue, or indefinitely suspend this incentive-based program.
¾ Density increases can only be achieved by providing one or more of the community
benefits listed below:
a) Leadership in Energy and Environmental Design (LEED);
September 28, 2009 ‐ iii ‐ ROYAL POINCIANA MIXED USE OVERLAY AREA
EXECUTIVE SUMMARY
b) Provision of Vias;
c) Contribution to public infrastructure (e.g. a public waterfront path, a centralized
parking area, etc);
d) Historic preservation;
e) Underground parking, rooftop parking;
f)
Art in public places;
g) Exceptional landscape; and
h) Exceptional Design.
SECTION 134-1510 (PAGE 34) OF THIS DOCUMENT ADDRESSES DENSITY BONUSES IN THE
OVERLAY AREA
September 28, 2009 ‐ iv ‐ HOW TO READ THIS DOCUMENT
Since the Royal Poinciana Mixed Use Overlay applies over an existing zoning
district (CT-S Commercial Town-Serving), many of the regulations for the CT-S
district are applicable to the overlay.
For ease of review, the amendments contained in this document have been
written in ‘strikethrough and underline format’.
Text in blue indicates is has been extracted directly from the existing underlying
CT-S language and is either being applied (underline), or specifically removed
(strikethrough), from the proposed Overlay.
……. (blue dots) indicate existing CT-S language that applies both to the
underlying zoning district as well as to the Overlay. Following the Town’s custom,
this text has not been added to allow those reviewing to focus on actual
proposed changes. A version containing this language will be available online
September 30, 2009.
Text in black, underlined, indicates proposed, new Overlay language. This text
represents all policies and regulations that apply solely to the Overlay Area.
This document is in DRAFT form. Updates will be posted on-line as they become
available. Any changes to subsequent versions will also be identified in
strikethrough and underline format.
For comments or questions regarding this document, or if you wish to be notified
when updates become available, please contact:
Marcela Camblor
[email protected]
Or
Veronica Close
[email protected]
ROYAL POINCIANA MIXED USE OVERLAY
DEFINITIONS
ARTICLE I. IN GENERAL
……
Sec. 134-2. Definitions and rules of construction.
……
Building frontage, for the purpose of the Royal Poinciana Mixed Use Overlay Area
means the percentage of the total width of a lot (measured alongside the R.O.W. which the
building fronts), which is required to be occupied by the front of a building. To be counted
towards said percentage, such front shall be within the required setbacks. Portions of the
building set back further than the maximum setback will not be counted towards building
frontage requirements. Such front shall also have all the opening (windows/doors) requirements
as per specific building type and zoning requirements. Building frontage shall be measured from
exterior building wall to exterior building wall. Courtyard openings, where permitted, shall be
considered as built for the purpose of calculating frontage. Driveways, even if covered by a
second story, shall not be counted towards the fulfillment of frontage requirements.
……
Building Type: A habitable structure defined by the combination of its configuration,
placement, and function. The Building Types applicable to this specific Code are listed below:
¾ Courtyard Building: A building type consisting of residential, commercial, or mixed uses
arranged around a shared, open space that is partially or wholly open to the public
R.O.W.
¾ Live Work Building:A building type that integrates a single residence and commercial
work space, both of which are used by a single household. The ground floor is designed
to accommodate commercial or retail uses, with a single residence in the upper stories.
Live-Work Building types may have an adjunct outbuilding in the rear yard.
¾ Mixed Use Building: A building type designed to accommodate commercial uses on the
ground floor and a mix of multiple dwellings or commercial uses in the upper stories.
¾ Mixed Use Via: A multi-story mixed-use building designed to create a “Via” or retail-lined
path or passage way that begins and ends in a public R.O.W. Upper stories can
accommodate multiple dwellings or commercial uses.
¾ Multi Family Building: A building type designed to accommodate residential uses in multiple
dwellings. In the case of multiple stories, all stories shall accommodate residential uses.
……
Frontage Type: the architectural element of a building between the public R.O.W. and
the private property associated with the building. Frontage Types combined with the public
realm create the perceptible streetscape. The Frontage Types applicable to this specific Code
are listed below:
1|Definitions
DEFINITIONS
¾
Front yard / Porch: a common frontage associated with single family houses,
where the facade is set back from the right of way with a front yard. An encroaching
porch may also be appended to the facade. A fence or wall at the property line may be
used to define the private space of the yard. The front yard may also be raised from the
sidewalk, creating a small retaining wall at the property line with entry steps to the yard.
¾
Stoop: an elevated entry porch/stair placed close to the frontage line with the
ground story elevated from the sidewalk, securing privacy for the windows and front
rooms. This type is suitable for ground-floor residential uses with short setbacks. This
type may be interspersed with the shopfront frontage type. A porch or shed roof may
also cover the stoop.
¾
Forecourt: a semi-public exterior space partially surrounded by a building and
also opening to a public R.O.W. These spaces usually lead to a Court, which is a private
exterior space. It is often used as a vehicular entrance or drop-off, and its landscape
may be improved with paving.
¾
Shopfront: a facade placed at or close to the R.O.W. line, with the entrance at
sidewalk grade. This type is conventional for retail frontage and is commonly equipped
with cantilevered shed roof(s) or awning(s). Recessed storefronts are also acceptable.
The absence of a raised ground floor precludes residential use on the ground floor
facing the street, although such use is appropriate above.
¾
Gallery: a storefront with an attached colonnade, that projects over the sidewalk
and encroaches into the public right of way. This frontage type is ideal for retail use but
only when the sidewalk is fully absorbed within the colonnade so that a pedestrian
cannot bypass it.
¾
Arcade: a facade with an attached colonnade that is covered by upper stories.
This type is ideal for retail use, but only when the sidewalk is fully absorbed within the
arcade so that a pedestrian cannot bypass it. For Building Code considerations, this
frontage type cannot cover the public R.O.W. as can the Gallery frontage type.
…..
Liner Building means a structure that conceals large expanses of parking, blank wall areas,
or structured parking, designed for occupancy by retail, commercial or residential uses. Liner
buildings front the street space with a facade that has all the opening (windows/doors)
requirements as per specific building type and zoning requirements
Live/Work Building means an attached building that can accommodate integrated residential
and business uses. These uses may occur on any story of a live/work building, so long as they are
occupied and utilized by a single household.
Mixed Use means combining two or more of the following uses: retail, commercial, and
residential within the same building or on the same site.
Mixed Use Area means a zone that due to its location, has the development potential to
specialize in terms of accommodating significant business functions. A Mixed-Use Commercial Area
2|Definitions
DEFINITIONS
should include a variety of uses and is encouraged to provide a place for retail and services that
would not be compatible in residential neighborhoods.
….
"Park-Once" (Shared Parking Policy): an accounting for parking spaces that are
available to more than one function. The requirement is based on a range of parking-demand
found in mixed-use areas. The Shared Parking ratio varies according to multiple functions in
close proximity unlikely to require the spaces at the same time. This approach to parking uses
off-and- on-street parking in combination, to achieve a balanced and distributed supply of
parking.
…..
Story means that portion of a building included between the surface of any floor and the
surface of the next floor above it or, if there is no floor above it, the space between such floor
and the ceiling next above it. Accessible open patios, observation decks and/or similar areas
located above the first story shall be considered a story for the purpose of this definition. Roofs
of buildings used as habitable space shall be considered as a story of a building. Each story
used exclusively for parking vehicles is also counted as a story. Space within a roofline that is
entirely non-habitable shall not be considered to be a story. For example, a structure that
accommodates parking on the ground floor and a story of retail, commercial or residential uses
above it is considered a two-story structure.
…..
Yard: a private area that adjoins or surrounds a building, its landscape subject to the
corresponding landscape requirements. Yards can be front, rear, or side.
3|Definitions
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DIVISION 2. ROYAL POINCIANA MIXED USE OVERLAY AREA
Section. 134. 1106 1502 Purpose and Limitations.
The purpose of the Royal Poinciana Mixed-Use Overlay Area is to:
(1) Build upon the existing success and uses of the Royal Poinciana commercial area and
encourage a sustainable and balanced mixed-use area ;
(2) Create, preserve and enhance an area of attractive, small-scale, retail, personal and
professional/business services to be developed incrementally, providing for the frequently recurring
needs of townpersons;
(3) Balance commercial and residential needs in order to accomplish high trip absorption rates and
decrease traffic congestion at certain intersections within the Area;
(4) Discourage regional traffic as a means to support local businesses;
(5) Create a “park once” environment by providing a mix of uses within a pedestrian-friendly
environment;
(6) Promote walkability by maintaining and enhancing an interconnected network of vias, paths,
sidewalks, and open spaces, reducing the need to drive through the district;
(7) Maintain and enhance a continuous, inter-connected network of pedestrian and bicycle-friendly
streets with shaded sidewalks, appropriate landscaping and street details, and traffic calming
measures such as on-street parking;
(8) Provide public open space in the form of vias, plazas, or walkways;
(9) Preserve the historic character and small town scale of the area; and,
(10) Enhance the general character of the Area and its compatibility with its residential
surroundings,
…..
Section 134.1503 Essential Development Concepts
The essential concepts for the regulation of land designated within the Royal Poinciana Mixed Use
Overlay Area are as follows:
A. The Royal Poinciana Mixed Use Area is an Overlay. As such, it is optional. A parcel in
the area may be developed under the existing C-TS zoning district, or in accordance with the
Overlay regulations. Its boundaries (Figure 1) are the properties abutting the north side of
Sunrise Avenue to the north, the north side of Royal Poinciana Way to the South, the east
side of Bradley Place to the east, and the properties abutting the west side of N. County
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Road to the east. This Overlay provides general guidance and specific standards that, in
conjunction with the remainder of this Code, will carry out the goals, objectives, and policies
of the Town’s Comprehensive Plan Land Use Element for this Area.
Bradley Place
N. County Rd.
Sunrise Avenue
Sunset Avenue
Royal Poinciana Way
Figure 1. District Boundaries
B. Performance- Based Development Incentives. The development rights allowed in the CTS zoning district which are associated to any given parcel of land within the Royal
Poinciana Mixed Use Overlay Area may be increased to achieve community goals, if
certain quantifiable performance standards are met. These performance standards
specifically regulate potential lot coverage, height, and density increases. No density or
height increases are awarded “as-of-right”. Additional height and density may only be
achieved through the fulfillment of clear and quantifiable performance-based standards
(Section 134.1509 and 134-1510).
C. Area Wide Density. In order to avoid unwanted speculation and ensure predictability of
the Area at build-out, this overlay does not increase the area’s existing 6du/ac density as of
right, nor does it do it at the parcel level. Density may be increased beyond the base 6du/ac
by drawing, on a first-come first-serve manner, from an area-wide density bank. Drawing
from the density bank is only possible through the fulfillment of performance-based
standards. The number of dwelling units available in the density bank is capped. This cap
shall not be increased.
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D. Sunset Provision. Performance-Based incentives are created to encourage
development in an appropriate form within the Royal Poinciana Mixed Use Area. Within
60 months of (day of adoption), date of adoption of this Overlay, the Town Council will
monitor the performance of development in the Area (Section 134-1510). Based on the
outcome of the monitoring process, the Town Council shall decide whether to sunset this
incentive-based Overlay, or extend it for a period it considers appropriate.
E. A System of Primary and Secondary Streets. Streets within the Royal Poinciana
Overlay Mixed Use Area are different in character, scale and function. Regulations for
the Area address those differences. Figure 2 illustrates a system of “Primary”, or “A”
Streets and “Secondary”, or “B” Streets in the Area. Buildings fronting Primary Streets
shall be held to higher development standards as they usually represent the “face” of the
Area, house special uses, or line key destinations. Secondary Streets are be designed with
equal care as Primary Streets, but regulations of buildings that front them can be relaxed
slightly to allow for the provision of parking lots, driveways, special exception uses, and other
non-retail ground floor uses.
Figure 2.
Primary and Secondary Streets
Primary Streets
Secondary Streets
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CHAPTER VII
Section. 134. 1107 1503 Permitted Uses.
(1) Enumeration; maximum gross leasable area. The permitted uses in the C- Royal Poinciana
Mixed Use Overlay Area TS town-serving commercial district, with a maximum of 2,000 square feet
of gross leasable area (GLA), are as follows:
(a) Retail and service establishments, such as restaurants, excluding formula restaurants
as defined in section 134-2, and bars/lounges, hardware stores, food stores, clothing stores,
drugstores, barbershops, beauty salons and jewelry stores, as long as the use is located and
provided within a retail, live/work, or mixed use building type as described in Section
134.1508;
(b) Offices, executive office suites, professional services, business services, and securities
or financial brokerage and trust companies as long as the use is located and provided within
a live/work, mixed use or office building as described in Section 134-1508;.
(c) Nonprofit cultural centers, educational services (professional or studio-type schools) and
civic uses, as long as they are located and provided within a civic building as described in
Section 134.1508;
(d) Professional or studio-type schools as long as they are located and provided within a
live/work, office or mixed use building as described in Section 134-1508;.
(e) Banks and financial institutions;
(f) Essential Services.
(2) Multiple family dwellings, as long as the dwelling is located and provided in the form of a
townhouse, live/work, multi-family, or courtyard building, as described in Section 134-1508;.
(3) Civic uses, as long as the use is located and provided within a Civic Building type as described in
Section. 134-1508;.
(4) Parks, playgrounds, and recreation facilities under the supervision of the Town;
(5) Outdoor seating in conjunction with permitted restaurants, provided all regulations for outdoor
seating outlined in Article III are met;
(6) Roof deck automobile parking, as long as it is provided in a manner consistent with the proposed
building types outlined in Section 134-1111;
(7) Any use commonly accessory to the above uses;.
(b8) Regulation of existing nonconforming commercial uses. Any existing uses contained on the list
of permitted uses shown in subsection (a) of this section which contain more than 2,000 square feet
of gross leasable area (GLA) shall be classified as existing nonconforming uses under article IV of
this chapter pertaining to nonconforming uses. However, all future changes of use shall be limited to
those uses listed as permitted uses on the list contained in this section with a maximum gross
leasable area of 2,000 square feet, and if a change of use is contemplated from one general
commercial category (retail and services; office, professional and business services; or banks and
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financial institutions) to another, or from one generic use (residential, commercial, public/private
group use) to another, wherein the new use will involve a gross leasable area exceeding 2,000
square feet, the contemplated new use shall be subject to prior approval of a special exception
application by the town council before the change is made (refer to sections 134-227 through 134233 pertaining to special exception uses). In effect, this will allow any existing use over 2,000 square
feet, in a district with a 2,000-square-footage limitation, to continue operating at its existing scale or
to change to another use within the same general commercial category without town council
approval. For example, if a ladies apparel store of 8,000 square feet exists in any of the C-TS Royal
Poinciana Mixed Use Overlay Area or C-WA districts and the owner wishes to change to an antique
store of the same size or subdivide into two 4,000-square-foot stores, one being a toy store and the
other a shoe store, such a change would be allowed without prior town council approval. However, if
the owner of the same 8,000-square-foot ladies apparel store wanted to change to a bank or an
office or a business service or the owner wished to subdivide into two 4,000-square-foot offices, the
owner would need to apply for and obtain approval of a special exception from the town council. No
existing commercial use which is subject to the 2,000 square feet maximum gross leasable area
(GLA) regulation may occupy additional space within 1,500 feet of the existing licensed businesses,
which distance shall be measured along the public sidewalk, if such new space to be occupied will
increase the total gross leasable area (GLA) to more than 2,000 square feet.
…..
Section. 134.1109 1504 1483 Special Exception Uses.
(a) The special exception uses require a site plan and review as provided in article III of this
chapter, and are as follows:
(1) Public or private parking lots or storage structured parking garages.
(2) Auto rental lots, as long as they are provided with a liner building shielding the surface
lot(s) from the public R.O.W.;.
(3) Residential tenancy above the first floor.
(4) Private social, swimming, golf, tennis and yacht clubs.
(43) Service stations, as long as they are provided along a Secondary Street within the
Royal Poinciana Overlay Area, and in the form of a “backwards gas station” (See Section.
134-1508).
(64) Public Structures.
(5) Any commercial establishment with greater than 2,000 square feet of gross leasable
area, provided the town council has found, as a fact, that the proposed use is town serving.
(12) Banks and financial institutions, excluding securities or financial brokerage and trust
companies.
(6) Roof-deck automobile parking.
(14) Outdoor seating in conjunction with permitted restaurants where administrative
approval is not being requested. See section 134-1111 for additional conditions.
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(7) Museums occupying building of unique value as designated historical landmarks, as
determined by the landmarks preservation commission and the town council.
(8) Nightclubs.
(18) Offices (excluding executive office suites), professional services, business services
and securities or financial brokerage and trust companies on the first floor provided that there
are at least 50 percent existing office uses on all floors of the building in which the office use
is proposed and more than 50 percent existing office uses on the first floor within 300 feet of
the proposed office use in the same zoning district.
(159) Reserved.
(b) An owner or tenant of a property, located within the C-TS Royal Poinciana Mixed Use Overlay
Area district, which property has received approval of a special exception after March 31, 1980, shall
be required to obtain approval by the town council under the provisions of section 134-229(12) prior
to being granted a new occupational license. This subsection shall not apply to renewal of an
existing occupational license.
…..
Section. 134. 1110 1505. Accessory Structures.
(a) Generally. Enclosed accessory structures in the Royal Poinciana C-TS town-serving Mixed Use
Overlay Area commercial district shall comply with front and side and rear yard requirements for the
principal structure to which they are accessory, and shall be placed in accordance with Section 134.1508. and shall be not closer to any rear property line than ten feet.
…..
Section. 134-1506 1111 Special Regulation for Stands, Seated Dining Areas and Open
Counters for Eating and Drinking.
(a) No stands or open counters and no open seating arrangement (except as otherwise provided in
article VIII, division 14), whether or not at tables, intended for feeding or the dispensing of food or
drink whether or not for profit or for any other similar purposes for the sale of commodities to the
public shall be erected or permitted anywhere in the town unless they are contained within a
building. However, in the Royal Poinciana Mixed Use Overlay Area C-TS town-serving commercial
district, the town council may permit, as a special exception, the serving of food and beverages to
seated patrons in outdoor open air areas which are operated as a part of a restaurant contained
within a building, provided approval of such special exception does not increase the allowable
capacity. The following are conditions to the approval of any such special exception:
(1) Open air dining areas must be properly buffered to avoid noise, litter, light and odor impacts
upon neighboring properties, especially nearby residential uses.
(2) Area associated with the outdoor portion of the restaurant will not count toward any maximum
square footage limitations associated with the town-serving aspects of this chapter.
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(b3) In the Royal Poinciana Mixed Use Overlay Area C-TS town-serving commercial district, the
town council may permit, as a special exception, extra outdoor patron seating, over and above the
inside seating capacity, as part of a take-out food business contained within a building provided the
following conditions are met:
……
(51) The amount of outdoor seating can not exceed eight seats, nor can it extend beyond
any property line of the take-out business tenant space.
…..
Section. 134-1507 1112. General Review Process; Commercial uses; site plan approval for
new buildings, new building additions or changes in permitted uses over certain floor area.
Specific standards for the Royal Poinciana Mixed Use Overlay Area review process are contained
within this section.
(a) The Royal Poinciana Mixed Use District is applied as an Overlay Area. When a property
owner elects to build under the regulations of this Overlay, where the requirements of this
overlay district conflict with other portions of this code (including the underlying C-TS zoning
district), the requirements of this district shall prevail; however, no development may be
approved that conflicts with the Comprehensive Plan.
(b) All applications for new buildings or for new building additions or for changes in a permitted
use in section 134-1505 1107 which involve more than 2,000 square feet of building floor
area of buildings in the Royal Poinciana Mixed Use Overlay Area C-TS town-serving
commercial district shall require a site plan approval in accordance with article III of this
chapter. No certificate of occupancy shall be issued for any building, unless all facilities
included in the site plan have been provided in accordance therewith. The maximum
dimension of any structure or group of attached structures shall not exceed 150 feet.
(c ) Review process for the Royal Poinciana Mixed Use Overlay District.
The purpose of site plan review is to ascertain whether a proposed new development follows
the pattern of development expressed by the community in numerous public workshops and
meetings, and whether it conforms with all provisions of the Town of Palm Beach’s
Comprehensive Plan and this code. All applications for development approval within the
Royal Poinciana Mixed Use Area that are not otherwise permitted as nonconforming uses or
structures shall comply with all requirements of this code. Development applications shall be
processed administratively as follows:
(A) The Director of Planning and Zoning or his designee shall review plans, including
the exhibits listed below, for completeness and compliance with the provisions of this
code. The Director shall issue a final decision of an application that the Director
deems to be complete. Denials shall be in writing and shall specifically set forth the
grounds for the denial. Any final decision of the Director may be appealed to the
Town Council in accordance with the procedures established in this code for appeals
of administrative decisions.
(B) A pre-submittal meeting between the applicant and Town staff is required.
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(C) Applications for site plan review under this article shall be accompanied by
exhibits prepared by qualified professionals that include the following:
i. Proof of ownership;
ii. Zoning district and future land use map category for the subject property;
iii. Gross acreage and number of Palm Beach Acres (40,000sf).
iv. Location, shape, size, and height of existing and proposed buildings;
v. Building type proposed;
vi. Lot lines, setbacks, and build-to lines of existing and proposed buildings;
vii. Total square footage for each use by type;
viii. Total number of dwelling units and their corresponding square footage
ix. Location of on-street and off-street parking, loading facilities and waste
collection areas;
x. Proposed signage;
xi. Landscape plans, including specifications of species of plant material;
xii. Street cross-sections, including adjacent buildings and open space;
xiii. Floor plans, elevations, and sections of all buildings, including total gross
square feet of area for each floor and gross leasable area where applicable;
xiv. Figures showing the following:
1. Total lot coverage
2. Total floor coverage (percentage per floor)
3. Total building frontage
4. Amount of open space, landscaped areas, impervious areas and
publicly accessible open space in square feet;
5. Public benefit performance standard if applicable (Bonus Density
and Height) Calculations; and
6. Such other design data as may be needed to evaluate the project’s
compliance with the requirements of this code.
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Sec. 134-1508 Property Development Requirements – Generally
A. BUILDING TYPES
1. Purpose. In order to preserve the small town atmosphere and historic character of the Royal
Poinciana Mixed Use Overlay Area, development shall be organized into building types appropriate to
house specific uses or combination of uses. The proposed, time tested building types identified for the
Area are common to the Town’s traditional mixed use and commercial areas. The variety of authentic
building types allowed will ensure diverse retail, office, and housing options. This Section identifies
requirements for new buildings or buildings to be modified. It additionally establishes performancebased standards intended to encourage the type of development here proposed. Unless stated
otherwise, all requirements expressed as 'minimums' may be exceeded (e.g., 2 parking spaces
required and 3 provided). Requirements expressed as ‘maximums’ shall not be exceeded.
2. Applicability. Each proposed improvement and building shall be designed in compliance with
the regulations of this Section, except for public and institutional buildings, which because of their
unique disposition and application are not mandated to comply with these requirements, and shall
be reviewed by special permit and procedures.
3. Requirements by building type. Each proposed building shall be designed according to
the regulations identified in this Division. Table 1 indicates allowable building types by street within the
Royal Poinciana Mixed Use Overlay Area. An applicant may propose additional building types during
the planning process provided the building types comply with the intent of this Code. Any new building
type proposed requires approval by ArCom, and its historic precedent needs to be established. The
Town Council shall decide whether to accept, modify, or reject such additional building types during the
approval process.
Table 1 – Allowable Building Types by Street
Building Type
Mixed Use Building
Royal
Poinciana
Way
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
Apartment Building
♦
Townhouse building
Retail building
Via Building
Civic building
Sunset
Avenue
♦
Office Building
Live/work building
Sunrise
Avenue
Bradley
Place
N. County
Rd.
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
♦
12 | D i v i s i o n 2
BUILDING TYPES – MIXED USE
MIXED USE BUILDING
A building designed to accommodate
commercial uses on the ground floor and a mix
of multiple dwellings or commercial uses above
the first floor. Ground floor uses for Mixed Use
Buildings fronting Royal Poinciana Way and N.
County Rd. are limited to retail/restaurants only
1. Access:
(a) The main entrance(s) to ground story
commercial space(s) shall be directly from a
street or public R.O.W.
(b) Primary access to upper story commercial
and/or residential units shall be through a street
level lobby, directly accessible from the public
R.O.W or a side yard. (Figure MU.2 – B)
(c) Exterior staircases, when constituting special
architectural features, may be used as a means
of access to second-story residential units.
(d) Circulation and access to upper-story
residential or commercial units shall be through
interior corridors or other forms of interior
circulation. Exterior (“cat-walk”) access to units
is not permitted.
2. Dimensional Requirements
Table MU-1 provides dimensional requirements,
illustrated on Figure MU-1 for clarity purposes.
3. Lot Coverage
(a) Lot coverage for Mixed Use Buildings is 80%
(Figure MU. 1 H)
(b) Underground parking shall not be counted
towards lot coverage requirements (i.e. 100% of
the lot may be occupied by parking if it is
underground and designed in accordance with
best LEED practices.)
4. Parking Standards.
(a) Required Off-Street Parking Spaces:
- 2 spaces/unit with 2 or more bedrooms.
- 1.5 spaces/unit for 1 bedroom or efficiencies.
- For non-residential uses, the number of offstreet parking spaces required in Section 1342176 multiplied by a factor of .60.
(b) Where an alley is present or possible to plat,
parking shall be accessed from the alley.
(c) Where an alley is not present or possible to
plat, parking shall be through the building or to
one side (Figure MU.1 – C). Such access shall
be limited to the minimum required width, and
designed in a way that is subordinate to the
pedestrian realm.
Figure MU-1 – Dimensional Requirements
Frontage
Royal
Poinciana
Way
N. County
Rd.
Bradley
Place
Sunrise
Avenue;
Sunset
Avenue
Setback
Minimum
Maximum
(A) Front
0’
5’
(B) Rear
0’
-
(C) Sides
0’ (5’ if set
back)
see frontage
percentage
(C)Frontage%
80%
100%
(A) Front
0’
0’
(B) Rear
(C) Sides
5’
0’ (5’ if set
back)
see frontage
percentage
(C)Frontage%
80%
100%
(A) Front
5’
10’
(B) Rear
5’
--
(C) Sides
0’
see frontage
percentage
(C)Frontage%
70%
100%
(A) Front
10’
(C) Sides
5’
0’ Sunset
- 10’
Sunrise
0’ (5’ if set
back)
see frontage
percentage
(C)Frontage%
60%
100%
(B) Rear
-
-
Table MU-1. – Building Placement Dimensional
Requirements
13 | D i v i s i o n 2
(c) Parcels 50’ or less in width that house mixeduse buildings shall be exempt of providing
parking for residential uses.
(d) On-street parking spaces directly adjacent
(fronting) Mixed Use Buildings may be counted
towards off-street parking requirements.
(e) Buildings that accommodate required parking
underground in accordance with best LEED
practices shall be eligible for height and density
bonus increases in accordance with Sec. 1341509 & 1510.
(f) Roof-top parking is permitted as long as it is
not visible from the public R.O.W. Buildings that
accommodate roof-top parking shall be eligible
for density bonus increases in accordance with
Sec. 134-1510.
(f) See Sec. 134-2176 thru 2178 for additional
parking regulations.
5. Façade Standards
(a) Ground story façades of mixed use buildings
fronting streets must have between 30% and
80% (Figure MU.2 –C) of each story in
transparent windows. Windows of stores fronting
N. County Rd. and Royal Poinciana Way shall
be clear and remain unobstructed during
business hours since they are limited to
retail/restaurant uses.
Figure MU.2 - Uses
CHARACTER EXAMPLES
6. Frontage Requirement
(a) Allowable frontage types are identified in
Table MU. 2.
Frontage
Types
Allowed
Arcade
% of Frontage
50 to 100
Gallery
50 to 100
Shopfront
75 to 100
Forecourt
Max 25
Table MU-2 – Frontage Regulations
7. Use
(a) The first story of all mixed use buildings with the exception of buildings fronting Royal
Poinciana Way or N. County Rd ., may be for
commercial use (office or retail).
Mixed Use Building – Town of Palm Beach
the first story is limited to retail/restaurant uses only. In these locations,
(b) For buildings fronting Royal
Poinciana Way and N. County Rd , office and residential uses are not permitted on the first floor.
14 | D i v i s i o n 2
(c) Upper stories are for residential
and/or commercial uses, but said
uses shall have separate access
and circulation if located on the
same floor.
(d) Essential Services (utility
access, trash, general equipment)
shall not be visible from the public
R.O.W. (except for collection or
maintenance).
(e) See Section 134-1503 & 1341504 for additional use regulations.
10. Outdoor dining
(a) Outdoor dining is permitted provided that 10 foot clear path is
maintained at all times.
(b) Outdoor dining is subject to all applicable regulations in Section 1341111.
(c) If outdoor dining occurs within open space in private property, and
that open space was used in calculations to achieve performance-based
increases, 20% of the outdoor seating shall be publicly available (i.e.
available for use by someone not dining) and clearly designated.
(d) Other encroachments to public R.O.W.s are subject to approval of
P&Z and Town Council by separate permit and agreement.
8. Accessory Dwellings
Not Allowed
9. Height
The following height regulations
are illustrated in Figure MU.3 for
clarity purposes.
(a) Maximum building height is two
stories or 26 feet, with additional
height achievable upon the
implementation of specific
performance standards as outlined
in Section 134-1509.
(b) The ground story (A) of
commercial or mixed-use buildings
shall be a minimum of10 feet (floor
to ceiling).(c) Each story above the
ground floor (B, C) shall be a
minimum of 8 feet tall (floor to
ceiling).
(d) For buildings that are eligible
for a third story through the
application of performance
standards, the third story (C) with
maximum lot coverage of 60%,
may have a maximum frontage of
20% (E). The remainder shall be
set back a minimum of 15 feet (D).
Figure MU.3 - Height
(e) For mixed use buildings
eligible for a fourth story through
the application of performance
standards, the fourth story (F) with
a maximum lot coverage of 20%,
shall have a minimum front and
rear setback (G) of 30 feet.
(f) Flat roofs shall be enclosed by
parapets. No roof-top equipment
shall be visible.
14 | D i v i s i o n 2
BUILDING TYPES – VIA
MIXED USE VIA BUILDING
A multi-story mixed-use building designed to
create a “via” or retail-lined path or passage way
that begins and ends in a public R.O.W. Upper
stories can accommodate multiple dwellings or
commercial uses. Upper story uses, if different,
must have independent access. Ground floor
uses for via building types accessed from or
fronting N. County Rd., Sunset Ave. or Royal
Poinciana Way, are limited to retail/ restaurant
use only.
1. Access:
(a) The main entrance(s) to ground story
commercial space(s) shall be directly from and
street face, public R.O.W, or Via.
(b) Primary access to upper story residential or
commercial uses shall be through a street-level
lobby, directly accessible from a public R.O.W.
or via. (Figure V3 - A). Upper story access
should be located with minimum impact to retail
continuity (i.e. in corners, courtyards, or side
passages) (Figure V3 - A).
of access to second-story units.
(d) Circulation and access to upper-story
residential or commercial units shall be through
interior corridors or other forms of interior
circulation. Exterior (“cat-walk”) access to units
is not permitted.
Table V-1 provides dimensional requirements
illustrated on Figure V.1 for clarity purposes
(a) Minimum parcel width for a Via Building is
75 feet.
3. Lot Coverage
(a) Lot coverage for Via Buildings is 80%
(Figure V. 1 H).
the lot may be occupied by parking if it is
underground and designed in accordance with
best LEED practices.)
- 2 spaces/ unit with 2 or more
bedrooms.
- 1.5 spaces/ unit for 1 bedroom or efficiency
units.
Figure V-1 – Dimensional Requirements
Frontage
Royal
Poincia
na Way
N.
County
Rd.
Bradley
Place
Sunrise
Avenue;
Sunset
Avenue
Setback
Minimum
Maximum
(A) Front
0’
5’
(B) Rear
0’
-
(C) Sides
(D) Frontage %
0’ (5’ if set back)
70%
-
90%
(A) Front
0’
0’
(B) Rear
5’
-
(C) Sides
see frontage
percentage
(D) Frontage %
70%
90%
(A) Front
5’
10’
(B) Rear
5’
10’
(C) Sides
0’
see frontage
percentage
(D) Frontage %
70%
90%
(A) Front
5’
0’ Sunset - 10’
Sunrise
10’
(B) Rear
-
(C) Sides
see frontage
percentage
(D) Frontage %
70%
90%
Table V-1 – Building Placement Dimensional Requirements
16 | D i v i s i o n 2
- For non-residential uses, the number of offstreet parking spaces required in Section 1342176 multiplied by a factor of .60.
(b) Parking for Vias shall be accommodated
either off-site or underground in accordance with
best LEED practices.
(c) Buildings that accommodate required parking
underground shall be eligible for height and
density bonus increases in accordance with Sec.
134-1509 & 134.1510.
(d) See Sec. 134-2176 thru 2178 for additional
(a) Ground story façades of Via Building types
fronting streets or Vias must have between 30%
and 80% (Figure V.2 -A) in transparent windows.
All windows shall be clear and remain
unobstructed during business hours, since they
are limited to retail/restaurant uses.
(a) Allowable frontage types, applicable to
portions of the Vias fronting public R.O.Ws or
Vias are identified in Table V-2.
Frontage
Types
Allowed
Arcade
Figure V.2 - Uses
CHARACTER EXAMPLES
% of Frontage
50 to 100
Gallery
50 to 100
Shopfront
75 to 100
Table V-2 – Frontage Regulations
7. Use
(a) The first story of all Vias is for commercial
uses (office/retail/restaurant), with the exception
of buildings fronting or accessed from Royal
Poinciana Way, N. County Rd. or Sunset Ave..
(b) For Via Building types fronting or accessed
from Royal Poinciana Way, Sunset Ave., and N.
County Rd. the first story is for retail/ restaurant
uses only.
(c) Residential uses (except for lobby access)
are not permitted on the first floor.
Via Building Type – Town of Palm Beach
17 | D i v i s i o n 2
ROYAL POINCIANA MIXED OVERLAY AREA
(d) Stories above the ground floor are
for residential and/or commercial uses.
(e) Upper stories are for residential
and/or commercial uses, but said uses
shall have separate access and
circulation if located on the same floor.
(f)Essential Services (utility access,
trash, general equipment) shall not be
visible from the public R.O.W. (except
for collection or maintenance).
(g) See Sec. 134.1503 & 1504 for
additional use regulations.
8. Outdoor dining
(a) Outdoor dining is permitted in courtyards and open space within
Vias, provided that 6 foot clear path is maintained at all times.
(b) Outdoor dining is subject to all applicable regulations in Section
134-1111.
(c) If outdoor dining occurs within open space in private property, and
that open space was used in calculations to achieve performancebased increases, 20% of the outdoor seating shall be publicly
available (i.e. available for use by someone not dining) and clearly
designated.
(d) Other encroachments to public R.O.W. are subject to approval of
P&Z and Town Council by separate permit and agreement.
Not Allowed.
7. Height
The following height regulations are
illustrated in Figure V.3 for clarity
purposes.
stories or 26 feet, with additional
height achievable upon the
implementation of specific
performance standards as outlined in
Section 134-1509
(b) The ground story (A) of a Via
building shall be a minimum of 10 feet
(floor to ceiling).
(c) Each story above the ground floor
(B, C) shall be a minimum of 8 feet
(floor to ceiling).
(d) For buildings that are eligible for a
third story through the application of
performance standards, the third story
(C) with maximum lot coverage of
60%, may have a maximum frontage
of 20% (E). The remainder of the
façade shall be set back a minimum of
15 feet (D).
(e) For via building types that are
eligible for a fourth story through the
application of performance standards,
the fourth story (F) with a maximum lot
coverage of 20%, shall have a
minimum front and rear setback (G) of
30 feet.
(f) Flat roofs shall be enclosed by
parapets. No roof-top equipment shall
be visible from the public R.O.W.
Figure V.3 - Height
18 | D i v i s i o n 2
BUILDING TYPES - OFFICE
OFFICE BUILDING
A multi-story building designed to accommodate
office uses in all stories. This building type is not
permitted along N. County Rd. or Royal
Poinciana Way.
1. Access:
(a) The main entrance(s) to ground and upper
story commercial (office) space(s) shall be
through a ground level lobby, directly accessible
from a street or public R.O.W. Figure O-2.A
(b) Primary access and circulation to upper-story
commercial units shall be through interior
corridors or other forms of interior circulation.
Exterior (“cat-walk”) access to units is not
permitted.
Table O-1 provides dimensional requirements,
illustrated on Figure O-1 for clarity purposes.
3. Lot Coverage
(a) Lot coverage for Mixed Use Buildings is 80%
(Figure MU. 1 H)
the lot may be occupied by parking)
- For non-residential uses, the number of offstreet parking spaces required in Section
134.2176 multiplied by a factor of .60.
one side. Such access shall be limited to the
minimum required width, and designed in a way
that is subordinate to the pedestrian realm
(Figure O.1 – C).
(fronting) Office Buildings may be counted
towards off-street parking requirements.
underground in accordance with best LEED
Figure O-1 – Dimensional Requirements
Frontage
Royal
Poinciana
Way
N. County
Rd.
Bradley
Place
Setback
Minimum
Maximum
Front
N/A
N/A
Rear
N/A
N/A
Sides
Frontage %
N/A
N/A
N/A
N/A
Front
N/A
N/A
Rear
N/A
N/A
Sides
N/A
N/A
Frontage %
N/A
N/A
Front
5’
10’
Rear
5’
10’
Sides
0’
see frontage
percentage
Frontage %
70%
100%
Front
5’
10’
Sunrise
0’ Sunset Rear
Avenue;
10’ Sunrise
Sunset
0’ (5’ if set
see frontage
Sides
percentage
Avenue
back)
Frontage %
60%
100%
Table O- 1 – Building Placement Dimensional
Requirements
19 | Division 2
practices shall be eligible for density bonus
increases in accordance with Sec. 134-2176.
(f) Roof-top parking is permitted as long as it is
not visible from the public R.O.W. Buildings that
accommodate roof-top parking shall be eligible
for height and density bonus increases in
accordance with Sec. 134-1509 & 134-1510.
(f) See Sec. 134-2176 thru 2178 for additional
(a) Allowable frontage types are identified in
Table O. 2.
Frontage
Types
Allowed
Arcade
% of Frontage
50 to 100
Gallery
50 to 100
Stoop
20% (10’ max)
Figure O.2 – Uses
Table O.2 – Frontage Regulations
6. Use
(a) Within the Royal Poinciana Mixed Use
Overlay Area, all stories are for commercial uses.
(b) Essential Services (utility access, trash,
general equipment) shall not be visible form the
public R.O.W. (except for collection or
maintenance)
(c) See Section 134-1503 & 134-1504 for
Not Allowed
8. Height
The following height regulations are illustrated in
Figure O.3 for clarity purposes.
(a) Maximum building height is two stories or 26
feet, with additional height achievable upon the
implementation of specific performance
standards as outlined in Section 134-1509.
(b) Office buildings are not eligible for a fourth
story bonus through the application of
performance standards.
(c) Each story above the ground floor (Figure
O.3 - B, C) shall be a minimum of 9 feet tall
(floor to ceiling).
(d) For buildings that are eligible for a third story
Character Example
20 | Division 2
through the application of performance
standards, the third story (C) with maximum lot
coverage of 60%, may have a maximum
frontage of 20% (E). The remainder shall be set
back a minimum of 15 feet (D).
(e) Flat roofs shall be enclosed by parapets. No
roof-top equipment shall be visible.
Figure O.3 – Height
21 | Division 2
MULTI-FAMILY BUILDING TYPE
MULTI-FAMILY BUILDING
A building designed to accommodate residential
uses in multiple dwellings. In the case of multiple
stories, all stories shall accommodate residential
uses. This building type is not permitted along
Royal Poinciana Way or N. County Rd.
1. Access:
(a) The main entrance(s) to upper story
residential uses shall be through a street level
lobby, directly accessible from the public R.O.W.
(b) Exterior staircases, when constituting special
(c) Access to ground floor residential unit(s) may
be through a street level lobby, or directly from a
street, or public R.O.W.
(d) Primary access and circulation to upperstory residential unit(s) shall be through interior
corridors or other forms of interior circulation.
Exterior (“cat-walk”) access to units is not
permitted.
Table MF.1 provides dimensional requirements,
illustrated on Figure MF.1 for clarity purposes.
3. Lot Coverage
(a) Lot coverage for Apartment Buildings is 80%
(Figure MF. 1 H)
the lot may be occupied by underground
parking).
- 2 spaces/unit with 2 or more bedrooms
one side. Such access shall be limited to the
minimum required access width (Figure MF.1 –
C), and shall be designed in a manner that is
subordinate to the pedestrian realm.
(fronting) Apartment Building Types may be
counted towards off-street parking requirements.
Figure MF.1 – Dimensional Requirements
Frontage
Royal
Poinciana
Way
N. County
Rd.
Bradley
Place
Sunrise
Avenue;
Sunset
Avenue
Setback
Front, Rear,
Sides,
Frontage %
Front, Rear,
Sides,
Frontage %
Front
Minimum
Maximum
N/A
N/A
N/A
N/A
5’
10’
Rear
see frontage
percentage
Frontage %
10’
0’ (5’ if set
back or
corner)
70%
Front
5’
10’
Rear
10’
0’ (5’ if set
back or
corner)
60%
-
Sides
Sides
Frontage %
100%
see frontage
percentage
100%
Table MF.1 – Building Placement Dimensional
Requirements
22 | D i v i s i o n 2
underground shall be eligible for height and
density bonus increases in accordance with
Sections 134-1509 & 134-1510.
(f) See Section 134-2176 thru 2178 for
additional parking regulations.
(a) Toward the extent possible, public living
space (living rooms/dining rooms) shall be open
to, and oriented fronting the street, and service
rooms shall be oriented toward side and rear
yards.
(a) Ground story façades of Apartment Buildings
fronting streets must have a minimum of 15% of
each story in transparent windows.
(a) Frontage types are intended to provide a
transition from public to private space and may
encroach within required setbacks as indicated
in Section 134-1508.
(b) Ground floor residential units shall be raised
a minimum of 1’6” to provide privacy to ground
floor dwelling units.
(c) Allowed frontage types are identified in
Table MF.2.
Frontage
Types
Allowed
% of Frontage
Porch
Max 20% (not to
exceed 10’ in
width)
50 to 100
Forecourt
Max 25
Stoop
Figure MF.2 – Use
Table MF.2 – Frontage Regulations
5. Use
(a) Within the Royal Poinciana Mixed Use
Overlay Area, all stories shall be for residential
uses.
(b) Essential Services (utility access, trash,
general equipment) shall not be visible form the
public R.O.W. (except for collection or
maintenance)
(c) See Section 134-1503 & 134-1504 for
Character Example
23 | D i v i s i o n 2
Not Allowed.
7. Height
The following height regulations are illustrated in
Figure A.3 for clarity purposes.
(a) Maximum building height is two stories or 26
feet, with additional height achievable upon the
implementation of specific performance
standards as outlined in Section 134.1509.
(b) The first story (A) shall be at least 9 feet in
height (floor to ceiling). Upper stories (B, C) shall be at least 8
feet in height (floor to ceiling).
(c) The ground floor ‘finished floor’ shall be raised at least 1’6”
feet but no more than 3 feet above the adjacent sidewalk
grade.
(d) For buildings that are eligible for a third story through the
application of performance standards, the third story (C) with
maximum lot coverage of 60% may have a maximum
frontage of 20% (E). The remainder of the front facade shall
be set back a minimum of 15 feet (D).
(f) Flat roofs shall be enclosed by parapets. No roof-top
equipment shall be visible.
Figure MF 3 - Height
24 | D i v i s i o n 2
BUILDING TYPE - LIVE WORK
LIVE/WORK BUILDING
A building that integrates a single
residence and commercial work space,
both of which are used by a single
household. The ground floor is
designed to accommodate commercial
or retail uses, with a single residence
in the upper stories. Live-Work
Building types may have an adjunct
outbuilding in the rear yard. This
building type is not permitted along
Royal Poinciana Way or North County
Rd.
1. Access:
(a) The main entrance to ground story
commercial space shall be directly
from and face a street or public R.O.W.
(b) Internal access and connectivity
between the residential and
commercial spaces is required.
(d) Access to the dwelling unit may
be by a separate entrance, visible
from the street.
Table LW.1 provides dimensional
requirements which are illustrated on
Figure LW.1 for clarity purposes.
(a) Required Off-Street Parking
Spaces:
- 2 spaces per live/work unit
(b) Where an alley is present or
possible, parking shall be accessed
from the alley.
(c) Where an alley is not present or
possible, parking shall be through the
building or to one side. Such access
shall be limited to the minimum
required width, and designed in a way
that is subordinate to the pedestrian
realm.
(d) On-street parking spaces directly
adjacent (fronting) Live Work
Buildings may be counted towards offstreet parking requirements.
(f) See Sec. 134-2176 thru 2178 for
additional parking regulations.
Figure LW.1 – Dimensional Requirements
Frontage
Royal
Poinciana
Way
N. County
Rd.
Bradley
Place
Sunrise
Avenue;
Sunset
Avenue
Outbuilding
Minimum
Lot Size (all
districts)
Setback
Front, Rear,
Sides,
Frontage %
Front, Rear,
Sides,
Frontage %
Front
Rear
Minimum
Maximum
Not Allowed
Not Allowed
Not Allowed
Not Allowed
5’
10’
10’
0’
-
(5’ at corners)
see frontage
percentage
Frontage %
70%
100%
Front
5’
0’ Sunset - 10’
Sunrise
10’
Sides
Rear
-
Sides
see frontage
percentage
Frontage %
60%
100%
Rear Setback
5’
Side setback
0’, (5’ at
corners)
20’
35’
Table LW.1 – Building Placement Dimensional Requirements
25 - Division 2
BUILDING TYPE - LIVE WORK
(a) The ground floor fronting a street
or other public R.O.Ws. shall comply
with the requirements for a frontage
type per the table below.
(c) Allowable frontage types are
identified in Table LW.2.
Frontage
Types
Allowed
Stoop
% of Frontage
50 to 100
Porch
50 to 100
Balcony
Max 25
Figure LW.2 – Frontage Regulations
Figure L.W. 2 – Use
5. Use
(a) Within the Royal Poinciana Mixed
Use District, the first story is for
commercial uses (retail or office). The
upper stories are for a single
residential unit.
(b) Accessory dwellings are not
permitted combined with live/work
units.
6. Height
stories or 26 feet, with a third story
achievable upon the implementation
of specific performance standards
outlined in Section 134.XXXX
(b) The first story shall be at least 12
feet in height.
(c)Upper stories shall be at least 8
feet in height
Figure L.W. 3 – Height
26 - Division 2
FRONTAGE TYPES
Frontage Types are constituted by the architectural
elements of a building placed between the public
R.O.W. and the private property associated with
the building. Frontage Types combined with the
public realm create the perceptible streetscape.
The Frontage Types applicable to this specific
Code are listed below:
1. Front Yard/Porch
A Front Yard or Porch is a common frontage,
where the facade is set back from the right of way
with a front yard. An encroaching porch may also
be appended to the facade. A fence or wall at the
property line may be used to define the private
space of the yard. The front yard may also be
raised from the sidewalk, creating a small retaining
wall at the property line with entry steps to the
yard. This frontage type is appropriate for multi
family and live work building types within the Royal
Poinciana Area.
2. Stoop
A stoop is constituted of an elevated entry
porch/stair placed close to the frontage line with
the ground story elevated from the sidewalk,
securing privacy for the windows and front rooms.
This type is suitable for ground-floor residential
uses with short setbacks. This type may be
interspersed with the shopfront frontage type. A
porch or shed roof may also cover the stoop. This
frontage type is appropriate for multi family, office,
and live work building types within the Royal
Poinciana Area.
CHARACTER EXAMPLES
Figure F.1 - Stoop
Figure F.2 – Courtyard
3. Forecourt
A Forecourt is constituted by a semi-public exterior
space partially surrounded by a building and also
opening to a public R.O.W. These spaces usually
lead to a Courtyard, which is a private exterior
space. This frontage type is appropriate for multi
family and office building types within the Royal
Poinciana Area.
4. Shopfront
A shopfront is constituted by a facade placed
at or close to the R.O.W. line, with the entrance at
sidewalk grade. This type is conventional for retail
frontage and is commonly equipped with
cantilevered shed roof(s) or awning(s). Recessed
Figure F.3 – Arcade
| D i v i s i o n 2 29
storefronts are also acceptable. The absence of a
raised ground floor precludes residential use on
the ground floor facing the street, although such
use is appropriate above. This frontage type is
appropriate for mixed use, retail and Via building
types within the Royal Poinciana Area.
5. Gallery
A shopfront with an attached colonnade, that
projects over the sidewalk and encroaches into the
public right of way. This frontage type is ideal for
retail use but only when the sidewalk is fully
absorbed within the colonnade so that a pedestrian
cannot bypass it. This frontage type is appropriate
for mixed use, retail and Via building types within
the Royal Poinciana Area. It is particularly
appropriate within the Vias.
6. Arcade
An arcade is constituted by a facade with an
attached colonnade that is covered by upper
stories. This type is ideal for retail use, but only
when the sidewalk is fully absorbed within the
arcade so that a pedestrian cannot bypass it. This
frontage type is appropriate for mixed use, retail
and Via building types within the Royal Poinciana
Area. It is particularly appropriate within the Vias.
Figure F.4 - Gallery
| D i v i s i o n 2 30
SPECIAL PERFORMANCE STANDARDS
Section 134-1509
Special Performance Standards
1. Purpose. The purpose of the Royal
Poinciana Mixed Use Overlay Area is
to establish an environment that is
balanced and appropriate for townserving retail, commercial, and
residential uses. This balance is not
just aesthetic but economic as well.
Incentive based development
strategies or “performance
standards” to preserve and protect a
desirable scale, but also desirable
uses and a healthy economy in the
town are contained in this Section,
and are the essence of this Overlay
Area.
2. Performance-based height bonus
(a) ‘As-of-right’ height is 2 stories or
26 feet (Figure H.1).
(b) Performance standards
implemented to their fullest potential
shall yield a maximum bonus area
equivalent to one additional story at
80% lot coverage. This bonus
area/height shall be split as follows:
- 60% maximum as a third story.
- 20% as a fourth story (for building
types that allow a fourth story).
This increase in height shall be
distributed in accordance to the design
principles for each Building Type as
established in Section 134.1508.
3. Performance-Based Standards
Three potential ways to achi0eve
additional height through the
implementation of performance
standards are available as follows:
(A) Publicly Accessible Open Space
For qualifying development, publicly
accessible open space may be subject
to a multiplier that increases the
overall height and buildable area.
(a) Lot coverage (ground floor) in the
Royal Poinciana Mixed Use Overlay
Area is 80%.
Figure H.1 – Building Height Achieved through
Performance Standards
31
(b) Underground parking shall not
count towards lot coverage restrictions.
(c) Required Open Space (20%) within
a privately owned parcel, designed in
a manner that makes this open area
publicly accessible, may be subject to
a multiplier that increases the overall
buildable area. See Table H-1 and
Example H.1 #1.
(d) Open Space provided in excess of
minimum requirement of 20% (i.e.
30%), within a privately owned parcel,
designed in a manner that makes this
open area publicly accessible, may be
subject to a multiplier that increases
the overall buildable area. See Table
H-1 and Example H.1 #2.
(e) Required Open Space provided at
the minimum required (20%), where
only a portion is designed in a manner
that is publicly accessible, may be
subject to a multiplier that increases
the overall buildable area. This
multiplier shall only apply to the
percentage of land that is publicly
accessible. See Example H-1 #3 and
Table H-2 for applicable multiplier.
(B) Underground Parking
For qualifying development,
underground parking may be subject
to a multiplier that increases the
overall height and buildable area.
(a) A minimum of 50% of the required
off-street parking shall be provided
underground for a development to be
eligible for a height bonus multiplier.
(b) Bonus height/buildable area shall
be awarded with a multiplier = 1. See
Examples H.2 #1 and Table H-2 for
applicable multiplier.
(c) Ramps to access underground
parking, underground stairways,
hallways, elevators, or any other
space not directly associated with the
physical space to park a car, shall not
be eligible for a bonus multiplier.
(d) Should the underground parking
provided exceed the maximum height
bonus achievable, the excess may be
Example # 1: Open space provided is 20%, all of which is publicly accessible
Lot size:
Maximum Lot Coverage
Open Space Required
Open Space Provided
Multiplier
Total Bonus
100’ x 120’ = 12,000sf
(80%) = 9,600sf
(20%) = 2,400sf
(20%) = 2,400sf (all publicly accessible)
2
(20%) 2,400sf x 2 = 4,800sf
Example # 2: Open space provided is 35% (greater than requirement), all of
which is publicly accessible
Lot size
100’ x 120’ = 12,000sf
(80%) = 9,600sf
Open Space Required
Open Space Provided
(33.3%) = 4,200sf
Multiplier
2 for first 20%
3 for area above 20%
Bonus
2,400sf (20%) x 2 = 4,800
1,600sf (13.3%) x 3= 4,800sf
Total Bonus
4,800sf + 4,800sf = 9,600sf
Example # 3: Open space provided is 20%, only 10% of which is publicly
accessible
Lot size
Open Space Required
Open Space Provided
Multiplier
Total Bonus
100’ x 120’ = 12,000sf
(80%) = 9,600sf
(20%) = 2,400sf
2
(10%) 1,200sf x 2 = 2,400sf
Example H.1
Height Achieved through Publicly Accessible Open Space
Example # 1: 50% of required off-street parking is provided underground
Lot size
Total Parking Required
Parking Provided on-street
Parking Provided Underground
Parking Provided in rear of lot
Underground Parking Area
100’ x 120’ = 12,000sf (0.3 PB acres)
(80%) = 9,600sf
43 spaces
4 spaces
20 spaces
19 spaces
20 spaces = 6,000sf (replace by actual area
Multiplier
Total Bonus
1
6,000sf x 1 = 6,000sf
dedicated to park cars)
Example # 2: In the example above, % of required off-street parking is
provided underground and exceeds
Total Parking Required
Parking Provided Underground
Underground Parking Area
Multiplier
Total Bonus
43 spaces
40 spaces
40 spaces = 12,000sf
1
12,000sf x 1 = 12,000sf (exceeds by 2,400sf
maximum buildable area allowed. This
amount can be applied towards Density bonus
calculations (See Table D.1)
Example H.2 –
Height Achieved through Provision of Underground Parking
32
applied towards a density bonus
multiplier. See Examples H.2 #2 and
Table H-2 for applicable multiplier.
(e) In no case shall the same area of
underground parking qualify for more
than one performance based bonus.
(C) Financial Contributions for
Community Improvements.
For qualifying development, monetary
contributions towards public
improvements in the Area may be
subject to increases in overall height.
(a) All financial contributions shall be
earmarked for improvements as
outlined in the Town’s Capital
Improvements Program.
(b) The smallest increment that can be
acquired through financial
contributions is 800sf. This area
(800sf) constitutes a Financial
Contribution Unit or FCU.
(c) More than one FCU may be
acquired (e.g. 2,400sf or 3 FCUs))
(d) The maximum FCUs to be
acquired shall not exceed a buildable
area equal to 80% lot coverage.
4. Building Height By Type
(a) Appropriate building types and
their corresponding maximum height
are defined in Table H.1.
(b) Building types are permitted an
‘as-of-right’ height of two (2) stories or
26 feet.
(c) Eligible building types where
publicly accessible open space is
provided up to of 20%, that publicly
accessible open space area shall be
multiplied by a factor of 2. Table H.2.
(c) Eligible building types where
publicly accessible open space is
provided in excess of 20%, that
excess area shall be multiplied by a
factor of 3. Table H.2.
5. Height Bonus Multiplier
(a) The maximum permitted lot
coverage is 80%.
(b) Eligible building types where the
20% required open space is designed
(d) (i) First Story lot coverage 80%
(ii) Second Story lot coverage 80%
Building
Type
Mixed Use
Mixed Use
Via
Office
Multi Family
Retail
Live Work
‘As-of-Right’
Height
2 stories
or 26ft
2 stories
or 26ft
2 stories
or 26ft
2 stories
or 26ft
2 stories
or 26ft
2 stories
or 26ft
Potential
Bonus Height
4 stories
or46ft
4 stories
or46ft
3 stories
or 36ft
3 stories
or 36ft
2 stories
or 26ft
3 stories
or 36ft
Table H.1
Building Height Achieved through Performance Standards
Performance
Standard
Publicly Accessible
Open Space
between 1% and
20%
2
Publicly Accessible
Open Space > 20%
3
Underground
Parking
1
FCU
Example
Multiplier
1
20% open space req. = 2,000sf
1,200sf (10%) publicly accessible
1,200sf x 2 = 2,400sf
20% open space req. = 2,000sf
2,500sf (25%) publicly accessible
2,000sf x 2 = 4,000sf
500 x 3 = 1,500sf
TOTAL 5,500sf
6,000sf of underground parking area
6,000sf x 1 = 6,000sf buildable area
Cost of unit to be determined by Town
Council
Unit = 800sf
If 2 units acquired:
- Cost x 2 = Financial Contribution
- 1,600sf buildable area
Table H.2
Height Bonus Multiplier
(iii) Third story lot coverage 60%
(iv) Fourth story lot coverage 20% (Where Applicable)
33
ROYAL POINCIANA MIXED USE OVERLAY DISTRICT
DENSITY
Section 134.1510- Density
1. Purpose.
In order to create a mixed use environment
that is balanced, both aesthetically as well as
economically, that preserves and improves
the “Town-Serving” function of the area,
density increases are available for qualifying
developments.
2. Area-Wide Density Bank
(a) Existing density is 6du/PBac
(b) No density increases are awarded ‘“as-ofright’.
(c)The density for every parcel shall remain at
6du/PBac.
(d) Density for qualifying development may be
increased if ‘drawn’ from a ‘Density Bank’.
(e) An ‘Area-Wide Density Bank’ is proposed,
from which developments can “draw”, up to
an additional 18du/PBac (above the existing
density (i.e. 24du/PBac).
(f) Area Wide Density Bank is capped at 200
residential units for the entire Royal Poinciana
Mixed Use Overlay Area.
(g) The impacts and performance of this
Density Bank and the Density Bonus Program
will be evaluated after 60 months of (the date
of adoption). At that time, the Town Council
shall decide whether to continue, or
indefinitely suspend this incentive-based
program.
(h) Density increases can only be achieved by
providing one or more of the community
benefits outlined in this Section.
3. Performance-Based Density Bonus
The following constitute performance-based
standards that may result in the increase of
residential density for qualifying properties.
Table D.1 outlines the implementation of each
performance standard.
(a) Leadership in Energy and Environmental
Design (LEED) with local approval determined
by ARCOM: LEED (gold, silver, platinum)
levels shall be developed by ARCOM,
modeled after LEED requirements (National).
Frontage
Base Density
Underground
Parking
LEED Certification
per ARCOM.
LEED Certification
per ARCOM.
LEED Certification
per ARCOM.
Community
Improvement
Financial
Contribution
Rooftop Parking
Exceptional
Architecture/Historic
Preservation
Publicly Accessible
Landscaping in
excess of
requirement
Open Space in the
form of Vias
Art in Public Places
Public Outdoor
Seating
Building Articulation
& Use of
Appropriate
Architectural
Elements
Maximum
Density
Bonus Achievable
Maximum
Multiplier
1
Density
(du/ac)
6
Qualifying
Parameter
2
+6
Min 50% of
required
parking to be
provided
underground
1.66
+4
Platinum
1.5
+3
Gold
1.33
+2
Silver
1.66
+4
Min
contribution of
3 base units
1.5
+3
Min 50% of
required
parking to be
provided on
rooftop
1.5
+3
Landmarks/
ARCOM
Determination
1.5
+3
50% in
excess of
requirement
1.33
+2
1.33
+2
Min. equal to
or greater
than 1.5 base
units
1.16
+1
Min. 15% of
total seating
1.16
+1
ARCOM
Determination
18
(Highest possible bonus density achievable
per acre)
Table D.1 – Density Bonus Multipliers
For qualifying development, LEED approval shall be
awarded by ARCOM. Different levels of approval result
in different bonus multipliers, ranging between 1.33 and
1.66.
(b) Underground Parking. For qualifying development,
underground parking may be subject to a multiplier that
increases its overall density, provided that:
34
ROYAL POINCIANA MIXED USE OVERLAY DISTRICT
DENSITY
(i) A minimum of 50% of the required offstreet parking is provided underground.
(ii) Bonus height/buildable area shall be awarded
with a multiplier = 2.
(iii) Ramps to access underground parking,
underground stairways, hallways, elevators, or any
other space not directly associated with the physical
space to park a car, shall not be eligible for a bonus
multiplier.
(vi) Should the underground parking provided
exceed the maximum density bonus achievable, the
excess may be applied towards a height bonus
multiplier.
(c) Financial Contributions for Community
Improvements: For qualifying development,
monetary contributions towards public
improvements in the Area may be subject to
increases in overall density.
(i) All financial contributions shall be earmarked for
improvements in or relative to the Royal Poinciana
Area.
(ii) The smallest increment that can be acquired
through financial contributions is 3 units. The value
of each Financial Contribution Unit or FCU shall be
determined by the Town Council.
(d) Rooftop Parking: For qualifying development,
rooftop parking may be subject to a multiplier that
increases its overall density, provided that:
(i) A minimum of 50% of the required off-street
parking is be provided on the rooftop.
(ii) Bonus density shall be awarded with a multiplier
= 1.5.
(e) Exceptional Architecture: Qualifying properties
that demonstrate authenticity of style and
exceptional architecture may be eligible for a density
bonus multiplier of 1.5. Appropriateness shall be
determined by ARCOM.
(f) Historic Preservation: Qualifying properties that
demonstrate appropriate historic preservation may
be eligible for a density bonus multiplier of 1.5.
Appropriateness shall be determined by the
Landmarks Commission.
(g) Publicly Accessible Landscaping in excess of
requirement: Qualifying properties that provide
exceptional landscaping in excess of the
requirements outlined in Article III of this Code may
be eligible for a density bonus multiplier of 1.5.
(h) Provision of Open Space in the form of Vias: For
qualifying development in the form of Vias, a density
bonus multiplier of 1.33 may be applied.
(i) Art in Public Places: Qualifying properties that
provide art in public places (statues, sculptures,
fountains, pergolas, etc.) with a cost equal to or
greater than 1.5 FCUs may be eligible for a density
bonus multiplier of 1.33.
(j) Provision of Public Outdoor Seating: For
qualifying development that dedicates a minimum of
15% of its outdoor seating to public uses (e.g. a
restaurant that allows tables for non-patrons), a
density bonus multiplier of 1.16 may be applied.
(i) Building Articulation and Appropriate Use of
Architectural Elements: Qualifying properties that
provide organic and stylistically appropriate building
articulation; or, buildings that make appropriate use
of architectural elements such as balconies,
trellises, loggias, arcades, colonnades, and towers
may be eligible for a density bonus multiplier of 1.16.
Appropriateness of design, use, placement, and
quantity shall be determined by ARCOM.
Section 134.1511- Performance Monitoring
1.Purpose
In order to ensure that the community’s vision is
being appropriately implemented and achieved,
within 60 months of (date of adoption), the Town
shall monitor and evaluate the performance of the
Royal Poinciana Mixed Use Overlay District as it
relates to the application of performance-based
standards. At that time, the Town Council may
decide to continue with this incentive program, or
allow it to sunset indefinitely.
2. Monitoring Parameters
Density and Height Monitoring Parameters shall
include, at a minimum:
(a) Number of projects eligible for performancebased density bonuses;
(b) Number of proposed residential units resulting
from change of as-of-right or base density and
performance-based density bonus;
(c) Net developable area of each approved project
under the performance based bonus;
(d) Roadway impacts;
(e) Town-serving impact;
(f) Variety in projects/architecture proposed;
(g) Scale;
(h) Variety in height to ensure an organic pattern;
(i) Preservation of historic structures.
35
CHAPTER VII
X. BUILDING FORM AND PLACEMENT ON LOTS
The primary entrance of every building must directly face a street, a square, a park, a
plaza, or a green. The proper building placement is illustrated below for each lot type,
along with additional regulations plus illustrations of some of the lot size and
dimensional requirements from Table 3-1.
In the C-TS town-serving commercial district, the schedule of lot, yard and area requirements is as
given in this section:
(1) Lot area. The minimum lot area is 4,000 square feet.
(2) Lot width. The minimum lot width is 30 feet.
(3) Lot depth. The minimum lot depth is 90 feet.
(4) Density. A single dwelling unit, or multiple dwelling units not to exceed six dwelling units per
gross acre. See article III of this chapter for site plan review requirements.
(5) Front yard.
a. For one-story buildings, the minimum front yard setback is five feet.
b. For two-story buildings, the minimum front yard setback is five feet.
c. All buildings shall be set back so as to provide at least a ten-foot-wide pedestrian walkway
between the street curbline and the building, exclusive of beautification strips, not more than five
feet of which may be on the town street right-of-way, where appropriate, and additionally, to provide
for the minimum building front yard setback, which shall be measured from the inside (lot side) of
the required pedestrian walkway. Where no front yard building setback is approved or required, two
feet of the required ten-foot-wide pedestrian walkway, adjacent to the inside (lot side) of the
walkway, may be landscaped by placement of potted plants or removable planters. Such potted
plants or planters shall include xeriscape landscaping whenever possible.
d. For buildings in excess of 15 feet in height, increase all minimum yard requirements one foot for
each two feet of building height, or portion thereof, exceeding 15 feet.
(6) Side yard.
a. There is no minimum side yard required for one-story structures, but a side yard shall be five
feet if provided. When the side yard of a C-TS property adjoins property zoned in any R district, a
ten-foot side yard is required on that side.
b. For buildings in excess of 15 feet in height, increase all minimum yard requirements one foot for
each two feet of building height, or portion thereof, exceeding 15 feet. Side yards shall be as
calculated or five feet, whichever is greater.
(7) Rear yard.
a. For one-story buildings, the minimum rear yard setback is ten feet.
b. For two-story buildings, the minimum rear yard setback is ten feet.
35
CHAPTER VII
c. For buildings in excess of 15 feet in height, increase all minimum yard requirements one foot for
each two feet of building height, or portion thereof, exceeding 15 feet. Side yards shall be as
calculated or five feet, whichever is greater.
1)Building Height. Unless otherwise specified herein, the height of buildings shall be measured
in and regulated by the number of stories. Increasing the maximum number of stories allowed
in a downtown district may not be approved as a variance. Stories are measured from the floor
to the bottom of the lowest structural member that supports the story above.
(a)
The ground story of commercial or mixed-use buildings shall be 10 feet to 18 feet tall.
(b)
The ground story of residential buildings shall be from 9 feet to 14 feet tall.
Each story above the ground story in all buildings must be from 8 feet to 12 feet tall; any
(c)
upper story taller than 12 feet will count as two stories for the purpose of measuring building height.
Mezzanines that exceed 15% of the floor area are counted as stories for the purpose of
(d)
measuring height.
Each parking garage level exposed to a street or civic open space shall be counted as a
(e)
story for the purposes of measuring height. Parking levels fully concealed from view by a habitable
story and use are not counted as stories for the purpose of measuring height.
Within the Downtown Core and Mixed Use Neighborhood districts, residential units must
(f)
have the floor of the first story elevated at least 18 inches above the adjacent sidewalk. Within the
Downtown Neighborhood General district, residential units must have the floor of the first story
elevated at least 12 inches above the adjacent sidewalk. In all districts, if this floor is elevated more
than 5 feet above the adjacent sidewalk, the space below counts as the ground (first) story for the
purposes of measuring building height. Lobbies and common areas in multi-unit buildings may
have a 0” to 6” ground floor finish level.
Flat roofs shall be enclosed by parapets no less than forty-two inches high, or as required to
screen equipment.
(g)
Mechanical equipment necessary to the operation or maintenance of the building such as,
but not limited to, elevator, stair, and mechanical penthouses, cooling towers, vent stacks and
antennae shall be enclosed and screened in such a manner that the enclosure is an integral part of
the overall building design and provides a balanced and graceful silhouette, and ameliorates the
visual impact from adjacent buildings. Minor features not exceeding one foot in height shall be
exempted from this regulation.
(h)
(i)
Architectural features such as church spires, steeples, belfries, cupolas, or similar, nonhabitable structures are not limited by story height.
(8) Height and overall height.
a. For one-story buildings, the maximum building height is 15 feet.
b. For two-story buildings, the maximum building height is 25 feet.
c. In this district, the maximum building height allows one story, with provision for a special
exception for two stories. See special exception provisions in sections 134-227 through 134-233
(special exception use), section 134-1115 relating to allowable height and lot coverage, and article
III of this chapter (site plan review).
36
CHAPTER VII
d. Maximum overall height of a building shall be the maximum allowable building height, as
defined in section 134-2, plus five feet for a flat roof and ten feet for all other roof styles. When a
parapet is used above the maximum building height, as defined in section 134-2, the building
overall height will be calculated based on the flat roof style identified above. Parapet walls
extending above the maximum allowable building height shall have appropriate architectural
treatment.
(9) Lot coverage.
a. For one-story buildings, the maximum lot coverage is 70 percent.
b. For two-story buildings, the maximum lot coverage is 70 percent.
(10) Length.
a. For one-story buildings, the maximum building length is 150 feet.
b. For two-story buildings, the maximum building length is 150 feet.
(11) Landscaped open space.
a. For one-story buildings, the minimum landscaped open space is 15 percent.
b. For two-story buildings, the minimum landscaped open space is 25 percent.
c. Additionally, not less than 35 percent of the required front yard must be landscaped open space
in the C-TS district.
(12) Floor area.
a. For one-story buildings, the maximum gross floor area of buildings is 15,000 square feet.
b. For two-story buildings, the maximum gross floor area of buildings is 15,000 square feet.
(Ord. No. 2-74, schedule A, 3-26-74; Ord. No. 7-79, §§ 2, 6, 3-30-79; Ord. No. 4-80, § 3, 3-31-80;
Ord. No. 6-81, § 2(e), (f), 3-31-81; Ord. No. 7-82, § 3(e), 3-31-82; Ord. No. 2-83, §§ 3(a), (b), 2-2383; Ord. No. 1-84, §§ 2(a)--(e), 3-1-84; Ord. No. 1-85, § 2(b)--(f), 2-11-85; Ord. No. 1-86, § 2(a), 210-86; Ord. No. 1-88, § 1, 2-8-88; Ord. No. 1-89, § 2(b)--(d), 2-6-89; Ord. No. 1-90, § 2(a)--(e), 2-590; Ord. No. 1-92, § 2(a)1, 2, 2-3-92; Ord. No. 9-93, § 2(b), 6-8-93; Ord. No. 1-94, § 2(a), 2-7-94;
Ord. No. 1-96, § 8, 2-5-96; Ord. No. 1-97, § 1, 2-17-97; Ord. No. 1-98, §§ 2--4, 2-9-98; Ord. No. 298, §§ 1, 2, 2-27-98; Ord. No. 1-04, § 31, 3-9-04)
Sec. 134-1114. Same--Exceptions.
(a) In the C-TS Royal Poinciana Mixed Use Overlay Area town-serving commercial district,
cornices, solid canopies, or architectural features may extend 48 inches over the sidewalk or
required yard area, provided they shall have nine feet of vertical clearance between any solid
construction and the sidewalk or yard.
…..
37
CHAPTER VII
Sec. 134-1115. Special exception to height regulations; special exception structures.
In order to encourage increased open space, landscaped open space, reduced density and lot
coverage and architectural detail, the town council may at its discretion, upon review of an
application and public hearing thereon, allow for the increase of the maximum building height in the
C-TS town-serving commercial district, upon a finding being made by the town council that the
proposed increase in height for a contemplated special exception structure is in the public interest,
that careful attention is given to architectural detail, and that it meets the standards of sections 134227 through 134-233 and the following goals and guidelines:
Two-story guidelines. Lot coverage not more than 35 percent.
(Ord. No. 2-74, § 5.48, 3-26-74; Ord. No. 3-76, § 3, 3-23-76; Ord. No. 5-78, § 11, 3-31-78; Ord. No.
7-82, § 4(g), 3-31-82; Ord. No. 2-83, § 4(d), 2-23-83; Ord. No. 1-84, § 3(e), 3-1-84; Ord. No. 1-85, §
3(d), 2-11-85; Ord. No. 1-91, § 3(e), 4-23-91; Ord. No. 1-92, § 3(d), 2-3-92)
Sec. 134-1116. Supplementary Area regulations.
The supplementary Area regulations which may be applicable to the C-TS town-serving commercial
Royal Poinciana Mixed Use Overlay district are contained in article VIII of this chapter.
Sec. 134-1117. Off-street parking and loading.
The off-street parking or loading requirements which may be applicable in the C-TS town-serving
commercial Royal Poinciana Mixed Use Overlay Area are contained in article IX of this chapter.
Sec. 134-1118. Signs.
The sign regulations which may be applicable in the C-TS town-serving commercial Royal
Poinciana Mixed Use Overlay Area are contained in article XI of this chapter.
…..
Sec. 134-1120. Architectural tower features.
In the commercial zoning Royal Poinciana Mixed Use Overlay Area, a maximum of two towers as
architectural features may be constructed as integral parts of the building provided that no tower(s)
exceeds the allowable overall height by more than five feet; such tower(s) is set back an additional
five feet on the front, rear, side, and street side and street rear yards; and, such tower(s) has no
habitable floor area in its uppermost level. The area of such tower(s) shall in combination not
exceed two percent of the gross floor area of the building. This section does not apply to entry
facades or parapets.
(Ord. No. 1-00, § 2, 2-22-00)
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