Zoning explained · Palm Beach County

Flagler Waterfront District - 5 (Downtown Master Plan, Special Districts planning area) West Palm Beach, Florida

FWD-5 is the only subdistrict of the Flagler Waterfront District along Flagler Drive on the Intracoastal, characterized by high-rise condominiums and office towers. Per Permitted Use Table IV-2, multifamily, live/work, retail, office, hotel, restaurant and other commercial uses are permitted by right; single-family, surface parking and off-site accessory surface parking are prohibited.

9 buildings zoned FWD-525 permitted business types

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Insights › Zoning & land use › West Palm Beach — FWD-5

Permitted uses

What you can operate in FWD-5, West Palm Beach

The businesses the FWD-5 district in West Palm Beach allows. The ones on the left are permitted by right; the ones on the right need a special approval first. (Zoning codes are set by each municipality, so FWD-5 here means specifically West Palm Beach's FWD-5 district.)

Allowed by right

Multiple family dwelling (P)Ground floor residential (P1: permitted except on streets designated as avenues; if provided, raised at least 18 in above sidewalk, Sec. 94-123(e)(1))Live/work (P)Ground floor retail (P)Office (P)Hotel (P)Restaurant (P)Other commercial (P)Structured parking as primary use (P13: must comply with subdistrict building requirements)Parks, recreation areas and urban open spaces (permitted in all DMP districts, Sec. 94-105(b))Aboveground and buried local distribution utility lines (electric, telephone, cable TV) and accessory apparatus such as poles, guy wires, transformers, switching boxesPublic and private streets and roads; railroad rights-of-way; water and sanitary sewer lines; gas and liquid fuel distribution lines; public water canalsCommunity centers (permitted by right in all non-R subdistricts, Sec. 94-106(a)(2))Schools and places of worship (permitted by right in all non-R subdistricts, Sec. 94-106(a)(12)a)Day care facilities for children as a primary use (non-R subdistricts; must meet Sec. 94-273(a) and (d)(18), Sec. 94-106(a)(4)a)Brewpub / microbrewery / micro-distillery / micro-winery (by right; max 6,000 sf new or 6,300 sf existing building; must include restaurant, bar or tasting room; no outdoor storage, Sec. 94-106(a)(1.a))Firearms sales (retail dedicated to firearms) in urban core and special district planning areas (Sec. 94-106(a)(6))Motor vehicle sales and rental offices (no service) and passenger transportation operations offices; surface lots for vehicle storage prohibited (Sec. 94-106(a)(10))Veterinary clinics, pet grooming, animal daycare and boarding without livestock/equines (enclosed building, waste removal, attendant, noise and fire-detection standards, Sec. 94-106(a)(13))Hospital (urban core and special districts; at least 500 ft from R subdistricts, site 2+ acres with direct street frontage, Sec. 94-106(a)(14))Community residences with special requirements of Sec. 94-273 (Sec. 94-106(a)(7)); skilled nursing/rehabilitation facilities in urban core and special districts (Sec. 94-106(a)(7)d)Micro-units (permitted in all districts, with car-share, bicycle and trolley-fee conditions, Sec. 94-106(a)(8.a))

With special approval

Cultural uses - permitted in the urban core and special districts planning areas only with special review approval by the DAC (Sec. 94-106(a)(3)a)Adult day care facilities for three or more clients - Class B special use permit plus Sec. 94-273(a) and (d)(15) requirements; overnight lodging prohibited (Sec. 94-106(a)(5)a)Pet sales (commercial sale of live animals) - Class B special use permit in the special district planning area except CWD-CD (Sec. 94-106(a)(11))

Build envelope

Development standards

Headline dimensional limits for this district. Confirm exact figures against the current code for your specific parcel.

Height5 stories or 68 ft, whichever is less

StandardFAR 2.75 (lot frontage over 55 ft); 3.50 (frontage 55 ft or less)

Setbacks ground to 5 storiesAvenue and Primary Pedestrian 16 ft min / 30 ft max (23 ft min with ground-floor residential); Secondary 12 ft min / 35 ft max (19 ft with ground-floor residential); side interior 0 ft or NFPA; rear 5 ft

Max building footprintpodium ground 87/84/82% and floors 2-3 90/87/85% (lots under 50k, 50-80k, over 80k sf); tower floors 4-5 90/60/55%

Min open spacepublic 3% (50-80k sf lots) / 5% (over 80k sf); private 25%

Min ground-floor active usesAvenue 60%, Primary Pedestrian 80% (65% if buildable frontage 250 ft or less), Secondary 30%; commercial liner 25 ft ground / 20 ft floors 2-3; residential not permitted in the ground-floor active use depth

StandardTowers oriented toward Flagler Drive; parking structure entrances limited to Olive Avenue where possible

Accessory usesHome occupations (permitted in all planning areas, Sec. 94-273(a) requirements; Sec. 94-106(a)(8)); Family day care home for six or fewer children, accessory to a residential use (permitted by right in all planning areas, Sec. 94-106(a)(4)c); Large family child care home for 12 or fewer children, accessory to a residential use (zoning districts in Table IX-1, Sec. 94-273(d)(19.1), Sec. 94-106(a)(4)d); Adult day care for not more than two adults, accessory to a residential use (permitted by right, Sec. 94-106(a)(5)c); Day care facilities accessory to places of worship or schools (Sec. 94-106(a)(4)a); Definition: accessory use = a use customarily incidental and subordinate to the primary use on the same lot (Sec. 94-109)

Read from Ch. 94 Art. IVSec. 94-105 (Table IV-2), Sec. 94-106, Sec. 94-123 (FWD), Table IV-27; permitted = by right, conditional = needs conditional-use / special-exception approval

The fine print

In plain English

BY RIGHT No hearing needed

If your business is on the by-right list, you can occupy a space in this district and open — no zoning hearing. Building permits and licensing still apply, but the use itself is already allowed.

SPECIAL Approval first

Special-approval uses can work here too, but they go through a public review before opening. Plan for extra time and possible conditions — we'll tell you which path a space needs.

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