§ 94-305. Setbacks.

(a)

Measurement of setbacks.

(1)

Measurement. Setbacks shall be measured by the shortest dimension, running from the property line to the building line.

(2)

Effect of future rights-of-way. When future right-of-way lines are established by the city commission, all setbacks shall be measured from the established right-of-way.

(b)

Setback encroachments.

(1)

Joint use prohibited. The setback or open space of a building on one lot shall not be considered as the setback or open space for a building on any other lot except where unity of title is provided for all affected properties.

(2)

Structural intrusions. Structural overhangs, including but not limited to balconies, cornices, gutters, eaves, and roof overhang projections shall not extend farther than three feet into any setback.

(3)

Sills and belt courses. Sills and belt courses may project 12 inches into a setback.

(4)

Mechanical equipment. Mechanical equipment may not project more than four feet into a setback. Window air-conditioning units may not project more than 18 inches into a required side setback.

(5)

Awnings. Awnings shall not project more than four feet into any setback or be supported by any means other than attachment to the building.

(6)

Wing walls. Wing walls shall conform to the normal setback requirements whenever they exceed the allowable height of a fence.

(7)

Steps and porches. Steps, open uncovered porches or stoops, and open terraces which are three feet or less above grade may encroach into any required setback area to a point not closer than two feet to the property line. Any grade differential between the encroaching step, porch, stoop, or terrace and adjacent property shall be structurally retained and positively drained in a manner that will prevent any drainage discharge to any property contiguous to the side or rear property lines.

(8)

Bay windows. Bay windows may not project more than three feet into any front or rear setbacks, and not more than 18 inches into any side setback.

(9)

Outside stairways. Outside stairways over three feet in height above grade shall meet all setback requirements of the main structure.

(10)

Chimneys. Chimneys may project no more than 18 inches into any setback.

(11)

Railroad tracks. Side and rear setback requirements may be waived if yards abut a railroad track, siding or easement. Construction of buildings shall be permitted up to the abutting side or rear property lines, except in residential districts.

(12)

Access. Access drives meeting the provisions of section 94-312 may be placed in the required front, side, or rear setback to provide access to accessory or attached structures. Sidewalks, terraces, or other similar improvements in excess of nine inches above the grade shall not be permitted in any setback.

(13)

Obstructions prohibited. Required front, side, and rear setbacks shall be open and unobstructed by structures from the ground to the sky except as specifically permitted by this section.

(c)

Additional setback requirements.

(1)

Multifrontage lots. Unless otherwise provided by this chapter, the required front setback shall be required for all lots having frontage on more than one street.

(2)

Waterfront tidal setback. All residential principal and accessory structures on waterfront lots subject to tidal action shall be set back at least 25 feet from the mean highwater mark. Where seawalls constructed on or behind the mean highwater mark exist, the setback shall be at least 15 feet.

(3)

Fresh water setback. All residential principal and accessory uses located on nontidal waterfront lots shall be set back at least ten feet from the mean highwater mark. The mean highwater mark shall be determined by the overflow elevation of any controlling device, structure, pipe, or ditch.

(d)

Building setback lines on thoroughfare and future street lines. In addition to the setbacks required in any zoning district by this chapter, additional building setback lines along designated portions of certain existing or proposed road rights-of-way are required as provided in Table X-1. For the purposes of this section, the setbacks shall be measured from the centerline of each road or right-of-way.

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TABLE X-1

LIST OF REQUIRED THOROUGHFARE RIGHT-OF-WAY SETBACKS AND REQUIRED STREET WIDTHS (NUMBER OF LANES) (Source: City of West Palm Beach Comprehensive Plan Transportation Element Appendix A)

Street Name	Roadway Setback (From Centerline)	Number of Lanes - (Thoroughfare Plan)
Australian Avenue	53 feet - entire length	6 lanes
Belvedere Road	53 feet - I-95 to West City Limits 40 feet - Olive Avenue to I-95	6 lanes - west of I-95 4 lanes - I-95 to Dixie Hwy 2 lanes - Dixie Hwy to Olive Ave
Broadway	40 feet - entire length	4 lanes
Centrepark Place	25 feet - entire length	2 lanes
Clematis Street	40 feet - Sapodilla Ave. to Tamarind Ave. 33 feet - Sapodilla Ave.
Congress Avenue	53 feet - Palm Beach Lakes Blvd to North City Limits 40 feet - Palm Beach Lakes Blvd to South City Limits	4 lanes
Datura Street	30 feet - South Dixie Hwy. to Tamarind Ave. 33 feet - South Dixie Hwy. to Narcissus Ave.
Dixie Hwy	40 feet - entire length to Okeechobee (3 lanes) and Quadrille Blvd to 1st St. (5 lanes)	4 lanes - south of Okeechobee 2 lanes - Okeechobee to Banyan 3 lanes - Banyan to Quadrille
Quadrille Boulevard	100 feet - Loftin St. extension to Okeechobee Blvd	4 lanes
Evernia Street	40 feet - South Olive Ave. to Tamarind Ave
Evernia Street	33 feet - Olive Ave to Flagler Dr.	2 lanes
Fern Street	40 feet - South Olive Ave. to Tamarind Ave 30 feet - Olive Ave. to Flagler Dr.	2 lanes
Flagler Drive	40 feet - 36th St. south to City Limits	2 lanes
Florida Avenue	30 feet - Okeechobee Blvd to Clematis St.	2 lanes
Forest Hill	40 feet - Flagler Dr. to West City Limits	4 lanes - w. of Dixie Hwy 2 lanes - e. of Dixie Hwy
Georgia Avenue	30 feet - Clematis St to Okeechobee Blvd 25 feet - Okeechobee to South City Limits	2 lanes - Okeechobee Blvd to Forest Hill
	25 feet - Okeechobee to South City Limits	2 lanes - Clematis to Okeechobee
Haverhill Rd	60 feet	4 lanes Road
Jessamine Street	30 feet - Dixie Hwy. to Lake Ave	2 lanes
Jog Road	120 feet - 240 feet (entire right-of-way width)
Lakeview Avenue	30 feet - Dixie Hwy. to Flagler Dr.	2 lanes - one way
Loftin Street	50 feet - Flagler Dr. to the F.E.C. Railroad	5 lanes - west to Quadrille Blvd
Military Trail	60 feet	4 lanes
Okeechobee Blvd	40 feet - Flagler Dr. to Dixie Hwy	2 lanes (one way)
	40 feet - Dixie Hwy to Lake Avenue	3 lanes (one way)
	60 feet - Lake Ave. to PBL Blvd	6 lanes
	70 feet - PBL Blvd. to West City Limits	8 lanes
Olive Avenue	30 feet - PBL Blvd. to Southern Blvd	2 lanes - PBL Blvd to Okeechobee
	35 feet - Southern Blvd to South City Limits	2 lanes - Okeechobee to Southern
		2 lanes - Southern to S. City Limits
Palm Beach Lakes Blvd	100 feet - Okeechobee Blvd to Carver Ave.	6 lanes
	60 feet - Carver Ave to Dixie Hwy	4 lanes
	40 feet - Dixie Hwy. to Flagler Dr.	2 lanes
Palmetto St.	30 feet - entire length
Parker Avenue	40 feet - Okeechobee Blvd. to the Howard Park main (community center) entrance	4 lanes
	40 feet - Howard Park main (community center) entrance to Belvedere Blvd	3 lanes
	40 feet - Belvedere Blvd. to Southern Blvd.	3 lanes
	40 feet - Southern Blvd. to Summit Blvd.	3 lanes
	40 feet - Summit Blvd. to Forest Hill Blvd.	4 lanes
Parker Avenue	40 feet - Forest Hill Blvd. to Maddock St.	4 lanes
	30 feet - Remainder of Parker Ave.
Roebuck Road	120 feet - 240 feet from State Road 7 to Jog Road	(entire right-of-way width)
Rosemary	30 feet - Clematis St. to 11 th St.	4 lanes Avenue
	30 feet - 25 th St. to north terminus
Southern Blvd	53 feet - Parker Ave. to West City Limits	4 lanes
	40 feet - Flagler Dr. to Parker Ave.	4 lanes Parker to Dixie Hwy
		2 lanes Dixie Hwy to Flagler Dr.
State Road 7	160 feet (entire right-of-way width) north of Okeechobee Blvd
Tamarind	40 feet - Okeechobee Blvd to 25 th St.	2 lanes - Gardenia to 25 th Street
		2 lanes - Okeechobee Blvd to Gardenia Street
Tanglewood Court	15 feet - Dixie Hwy. to Flagler Dr.
Trinity Place	20 feet - Dixie Hwy. to Flagler Dr.
Worthington Road	25 feet - entire length
Banyan Blvd	40 feet - Australian Ave to Quadrille Blvd	5 lanes
	27 feet - Quadrille Blvd to Flagler Dr.	3 lanes
15 th Street	40 feet - Dixie Hwy. to the CSX Railroad
23rd Street	40 feet - Flagler Dr. to Dixie Hwy
	30 feet - Dixie Hwy. to Seaboard Airline Railroad
45 th Street	60 feet - I-95 to Haverhill Road
54 th Street	40 feet - entire length

 

Notes:

1.

The city does not support the widening of Australian Avenue, north of Banyan Boulevard, beyond its existing four-lane section due to the impacts that it would have on the quality of life of the residents along this road.

2.

The future development of Roebuck Road, State Road 7, and Jog Road is subject to all necessary environmental permitting processes. Roebuck Road, State Road 7, and Jog Road are included in this table for the purpose of consistency with the Palm Beach County Comprehensive Plan Maps TE 1.1 and 14.1 and the Palm Beach MPO Long Range Transportation Plan. This inclusion does not reflect the city's position on the future development of these roads. The city acknowledges that removal of these roads from this table requires a comprehensive plan amendment.

The city is presently challenging the future development of Roebuck Road on environmental grounds. There is a 1994 interlocal agreement (and the 1999 amendment to the agreement) between the county and the city regarding the alignment for a future Roebuck Road, and a related 2007 Stipulated Settlement Agreement between the city and the county which provides that the "City shall have the right and full opportunity to participate in the permitting aspects of the Roebuck Road Project, including environmental permitting, and to object to the issuance of any and all permits necessary for the construction of the roadway improvements" and "in the event the county is unable to obtain all necessary permits, including environmental permits event the county is unable to obtain all necessary permits, including environmental permits required to complete this project, the deeds being held in escrow shall be null and void and retuned to the city within 14 days of being informed in writing that the County was unable to obtain the required permits." If the county receives environmental permits for the Roebuck Road Project, the city will amend its comprehensive plan to remove references to Roebuck Road for Note 2 of this table. If the county or the state receives environmental permits for the State Road 7 project, the city will amend its comprehensive plan to remove references to State Road 7 from Note 2 of this table. If the city transfers property interests sought by the county for the Jog Road extension to the county, then the city will amend its comprehensive plan to remove references to Jog Road from Note 2 of this table.

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(e)

Visibility at intersections. At any road intersections, visibility shall not be obscured by the construction, placement, or maintenance of a structure wall, sign, fence, berm, plant material, shrubs, or any similar item between 18 inches or eight feet in height within a triangle beginning at the point where property lines meet at the corner, then 20 feet along the front property line, thence diagonally to a point along the side property line 20 feet from the point of beginning, and thence to the point of beginning. In the event the corner of an intersection is rounded, the measurement shall begin at the point the property lines would meet without rounding. (See Figure X-1)

(Code 1979, § 33-112; Ord. No. 3744-04, § 4, 9-27-2004; Ord. No. 4370-11, § 3, 10-3-2011; Ord. No. 4449-13, § 24, 3-19-2013; Ord. No. 4660-16, § 9, 12-5-2016)