[UPDATE] Can a hotel be built in downtown Lake Worth to 65 feet in height? Yes (and the city attorney explains the concept "null & void")

[Below is a repost from last month on the issue of building heights in downtown Lake Worth. The Obtuse Blogger (TOB) continues to have trouble understanding the vote was made "null and void" by state law. In what can only be described as delusional, she utters this nonsense:

The vote on building height in Lake Worth was declared "null and void" by state law.

Here is the definition of "null and void". If anyone has a children's book that explains what this means please find a way to get it to TOB.]

At the end of this post Glen Torcivia, Lake Worth's City Attorney explains the concept "null and void" which some people in the City still have trouble understanding. To the question, "Can a hotel be built to 65' in our City's downtown?" The answer is Yes and the proof follows. Below is a portion of the City of Lake Worth zoning map which shows the various zoning districts in their current configurataion:

As indicated by the zoning map legend (below), the Downtown Mixed Use (DT) zoning district is shown in bright pink.

Click here for the section from the Lake Worth Code of Ordinances related to the Downtown (DT) zoning district.

Here is the table as it appears which identifies the area east of Federal Hwy. within this zoning district that can accommodate an additional 35 feet beyond the 30' of height which is "permitted by right."

You will notice that the box corresponding to Height - Primary allows for an additional 35 feet if it is a hotel or a mixed use building containing a minimum of 50 rooms. A conditional use request must be applied for which is a more rigorous standard that includes certain findings and additional public hearings. It requires that the project meet certain conditional use standards. Here is more information from the land development on the designation of a hotel district overlay.

Here is what the Comprehensive Plan says about this area which allows a height of up to 65' east of Federal Hwy. in the Downtown Mixed Use future land use designation, which is the foundation of the corresponding zoning district of Downtown (DT).

Here is another chart in the Comprehensive Plan that talks about this portion of the Downtown Mixed Use future land use designation:

The first column identifies the future land use designation and the second column from the right has the corresponding enabling zoning district. The second column from the left shows the additional 35 feet that would be allowed if certain conditions are met.

So, yes, there is an area designated in our land development regulations and Comprehensive Plan that allows additional height up to 65 feet. This was unaffected by the 'heights vote' as that vote result was declared "null and void" by the state legislature.
 I hope this helps by adding a dose of reality to those that continue to hang on to false notions.