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25-003 1 ORDINANCE NO. 25-003 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, AMENDING PART III "LAND 5 DEVELOPMENT REGULATIONS," CHAPTER 1 "GENERAL 6 ADMINISTRATION," ARTICLE II "DEFINITIONS;' AMENDING 7 CHAPTER 2 "LAND DEVELOPMENT PROCESS," ARTICLE II 8 "PLANNING AND ZONING DIVISION SERVICES," SECTION 5 9 "PERMIT APPLICATIONS;" AMENDING CHAPTER 3 "ZONING," 10 ARTICLE V "SUPPLEMENTAL REGULATIONS," SECTION 3 11 "COMMON BUILDING APPURTENANCES, FREESTANDING 12 STRUCTURES AND SITE AMENITIES, EXCLUDING WALLS AND 13 FENCES;" AMENDING CHAPTER 4 "SITE DEVELOPMENT 14 STANDARDS," ARTICLE VIII "UTILITY INFRASTRUCTURE DESIGN 15 STANDARDS," SECTION 3 "STANDARDS;" ESTABLISHING 16 REGULATIONS FOR ARTIFICIAL TURF; PROVIDING FOR 17 CODIFICATION;PROVIDING FOR SEVERABILITY;PROVIDING FOR 18 CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. 19 20 WHEREAS,the City Commission desires to establish regulations for the installation and use of 21 artificial turf within the City; and 22 WHEREAS,the City Council finds that proper regulation of artificial turf is necessary to ensure 23 drainage standards,environmental protection,and aesthetic quality throughout the City;and 24 WHEREAS,the City Council has determined that these regulations serve the public health,safety, 25 and welfare of the citizens of the City of Boynton Beach. 26 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 27 OF BOYNTON BEACH,FLORIDA: 28 Section 1: The foregoing"WHEREAS"clauses are hereby ratified as being true and correct 29 and are hereby made a specific part of this Ordinance upon adoption hereof. 30 Section 2: Part III "Land Development Regulations," Chapter 1 "General Administration," 31 Article II"Definitions"is hereby amended to read as follows: 32 ... CODING: Words in strike ough type are deletions from the existing law; Words in underscore type are additions. Page 1 of 9 33 ARTIFICIAL TURF — A surface material made from synthetic, man-made fibers or similar 34 materials designed to resemble natural grass.Artificial turf shall consist of green,lifelike individual 35 blades that closely mimic the appearance and color of natural grass. 36 ••• 37 IMPERVIOUS SURFACE-A surface that does not allow or minimally allows water percolation. 38 ••• 39 PERVIOUS SURFACE — A surface that allows water to infiltrate and percolate through the 40 underlying soil.At least 90%of the pervious surface area must be covered by living plant material, 41 while the remaining 10%may consist of mulch or other non-living,pervious materials. 42 ••• 43 Section 3: Part III "Land Development Regulations," Chapter 2 "Land Development 44 Process,"Article II"Planning And Zoning Division Services," Section 5 "Permit Applications"is hereby 45 amended to read as follows: 46 ••• 47 B.Zoning Permit. 48 1. General. 49 a. Purpose and Intent. The purpose and intent of this subsection is to set forth a well-defined 50 application process,review criteria,and uniform procedure for the processing of zoning permits 51 and zoning verification letters,to ensure that certain structures and site improvements comply 52 with the respective requirements and standards described in these Land Development 53 Regulations and the city's Code of Ordinances. 54 b. Applicability.A zoning permit, issued by the Planning and Zoning Division, shall be required 55 for accessory structures and site improvements proposed on any parcel or development,unless 56 otherwise specified herein. The following types of requests or improvements do not require a 57 building permit or other permits,but do require a zoning permit or zoning verification. CODING: Words in strie4tl rets type are deletions from the existing law; Words in underscore type are additions. Page 2 of 9 58 Such i•Improvements or requests that require a zoning permit include but arc not limited to the 59 €fig: 60 (1)Accessory structures,limited to a maximum of one(1)open air structure or gazebo less 61 than one hundred(100)square feet and used in connection with a principal residential 62 dwelling or use.Chickee huts are exempt from the above size limitation; 63 (2)Animal enclosures; 64 (3) Fences on residential property (single-family; two-family; and single-family attached 65 if fee-simple ownership)with a maximum height of six(6)feet;unless used as a barrier 66 around a swimming pool, spa,or rooftop equipment; 67 (4) Impervious surfaces that are unenclosed and uncovered, including but not limited to 68 driveways, patios, steps, stoops, terraces, sidewalks, and the like, regardless of 69 proposed surface materials (e.g., pavers, asphalt, concrete, etc.). Impervious surfaces 70 may be subject to review for compliance with the drainage standards of Chapter 4, 71 Article VIII, Section 3.G, and/or the Engineering Design Handbook and Construction 72 Standards.This review requires the submittal of a drainage plan prepared by a licensed 73 Professional Engineer. 74 "-: ._-• •.. .. - - • .. . . . • 75 • . - - - - : .. -. _ `' , . - 76 _ _ : . _ • - . . • . . : .. . •-- _• - 77 - -' •-•: - . .. :. .' • . . . . -•• . . . .. _. 78 - • , .. - . -- • - - - - - - _- . _. .!! . .. 79 - - . . . - - 80 . . : -- •-- .- - - - - ... _ ' • _ .• -_- 81 - • - . • • • - - ; .' -. CODING: Words in strike-threugh type are deletions from the existing law; Words in underscore type are additions. Page 3 of 9 82 - _ - - . . 83 . -. . ... . ' - .- . .. . ' - - _. - • 84 - . . - . :. -: •• - .... - - . .. _. .!! . ... - : : 85 . 86 (5) Artificial Turf.The permit application for artificial turf shall include the following: 87 (a)Documentation specifying the material and installation of the artificial turf system. 88 (b) Proof that the artificial turf is manufactured in the United States of America to 89 ensure compliance with current Federal and State safety standards and prevent harmful 90 chemicals from contaminating the soil or water. 91 (c)Artificial Turf may be subject to review for compliance with the drainage standards 92 required in Chapter 4, Article VIII, Section 3.0, and/or the Engineering Design 93 Handbook and Construction Standards. This review requires the submittal of a 94 drainage plan prepared by a licensed Professional Engineer. 95 (3-) Community gardens. See site plan review (Section 2.F. above) for community 96 gardens containing storage and/or agricultural structures that are greater than one 97 hundred(100)square feet.All agricultural structures and storage structures greater than 98 one hundred(100)square feet shall require approval of a building permit in accordance 99 Chapter 2,Article IV, Section 2. 100 ... 101 3. Review Criteria. Each structure or improvement shall comply with the following: 1) all zoning 102 requirements of Chapter 3, including the supplemental regulations of Article V; 2) all applicable 103 site development standards described in Chapter 4; and 3)the applicable regulations of City Code 104 of Ordinances Part II. Notwithstanding compliance with the aforementioned regulations and 105 standards,their specific provisions are referenced as follows: CODING: Words in mike-threugh type are deletions from the existing law; Words in underscore type are additions. Page 4 of 9 106 ,., 107 h. Artificial turf Chapter 3,Article V, Section 3.CC. 108 ,,, 109 Section 4: Part III "Land Development Regulations," Chapter 3 "Zoning," Article V 110 "Supplemental Regulations," Section 3 "Common Building Appurtenances, Freestanding Structures and 111 Site Amenities,Excluding Walls And Fences"is hereby amended to read as follows: 112 SECTION 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, 113 Excluding Walls and Fences. 114 ,.. 115 CC. Artificial Turf. 116 1. General. In all locations and uses, artificial turf shall be considered and reviewed as an impervious 117 surface. However, it shall not be subject to Chapter 4, Article V, Sec. 2.A.4. Driveways and other 118 impervious surfaces within front or side yards of single-and two-family dwelling units. 119 2. Prohibited Locations.Artificial turf shall be prohibited in the following areas: 120 a. Area designed for drainage, including but not limited to swales, ponds, drainage easements, 121 and retention areas. 122 b. Utility Easements,unless approved by the utility provider. 123 c. Landscape area outlined under Chapter 4, Article I. Environmental Protection Standards, and 124 II. Landscape Design and Buffering Standards. 125 d. Streets and Rights-of-way. 126 e. Waterways and waterway banks. 127 f. Historic Preservation Properties listed on the national or local registry. 128 e Any area or circumstance that may threaten the natural habitat or conflict with other 129 governmental regulations. CODING: Words in stere-threugh type are deletions from the existing law; Words in underscore type are additions. Page 5 of 9 130 3. Installation and Maintenance.All artificial turf must be: 131 a. Manufactured in the United States of America to ensure compliance with current safety 132 standards and prevent harmful chemicals from contaminating the soil or water. 133 b. Installed according to the manufacturer's specifications. 134 c. Kept clean and free of dirt, stains, debris, weeds, tears, and fading. Maintenance includes 135 regular cleaning, brushing,removing debris, repairing damage,and maintaining edges. 136 d. Replaced if it becomes damaged,such as fading,holes,or loose areas.Repairs or replacements 137 must match the original materials and blend seamlessly with the existing turf. 138 4. Outdoor plastic or nylon carpeting that attempts to mimic artificial turf is prohibited. 139 ,,, 140 Section 5: Part III "Land Development Regulations," Chapter 4 "Site Development Standards," 141 Article VIII "Utility Infrastructure Design Standards," Section 3 "Standards" is hereby amended to read 142 as follows: 143 SECTION 3. Standards 144 ,,, 145 G. Drainage, Stormwater,and Wastewater Management. 146 1.Drainage. 147 a. Applicability. Proposed building additions, swimming pools,patios,driveways,decks,or 148 similar structures or improvements that decreases the pervious penneab'le4end surface area by the 149 thresholds below, shall provide a drainage plan and drainage calculations prepared by a Florida 150 licensed Professional Engineer. - - -- • . _- . . . :!! . .• - _ , . .. -- . 151 . . _ - . 152 f Single Family and Two-Family Lots. CODING: Words in strike-threugh type are deletions from the existing law; Words in underscore type are additions. Page 6 of 9 153 (a)All impervious surfaces except artificial turf If the addition exceeds eight hundred 154 (800)square feet or results in less than forty percent(40%)total pervious surface area 155 of the lot. 156 (b)Artificial turf If the addition exceeds one thousand(1,000)square feet or results in 157 less than forty percent(40%)total pervious surface area of the lot. 158 ) All Other Lots. 159 (a) All impervious surfaces except artificial turf. If an addition of impervious surface 160 exceeds eight hundred(800)square feet or results in less than sixty percent(60%)total 161 pervious surface area of the lot. 162 (b)Artificial turf. If the addition exceeds one thousand(1,000)square feet or results in 163 less than sixty percent(60%)total pervious surface area of the lot. 164 .. . , . . • - .. _ . . . _ . ••. • 165 .. _. . . ' :.•„ - • • .. . . - • - • . 166 - . , • . • , -• . - 167 168 Any development that is part of an overall master stormwater plan may have the provisions of this 169 paragraph waived at the sole discretion of the City Engineer or designee. 170 b. Design Standards. Construction plans and certified drainage design data includes but is not 171 limited to the method of control of storm water and groundwater; drainage plan; existing water 172 elevations; recurring high water elevations; proposed design water elevations;drainage structures; 173 canals;ditches; and any other pertinent information pertaining to the system. Provide for drainage 174 of lots, streets, roads and other public areas including surface waters which drain into or through 175 the property. The drainage design must provide adequate surface water drainage of naturally 176 occurring or existing adjacent contributory areas. All drainage areas shall be designed in CODING: Words in stfike-thceugh type are deletions from the existing law; Words in underscore type are additions. Page 7 of 9 177 accordance with the Engineering Design Handbook and Construction Standards or latest 178 supplement thereof.Where additional ditches and canals are required to accommodate contributory 179 surface waters, right-of-way shall be dedicated for future needs. An exception exists where a 180 developer may excavate or open sufficient capacity to provide for existing drainage needs whenever 181 the developed or undeveloped status of adjacent areas so warrants, subject to approval by the City 182 Engineer. 183 In addition, an adequate storm, surface and ground water drainage system. including necessary 184 ditches, canals. swales, percolation areas, detention ponds, storm sewers, exfiltration trenches, 185 drain inlets, manholes, headwalls, endwalls, culverts, bridges and other appurtenances shall be 186 required in all subdivisions. 187 .., 188 Section 6: Codification. It is the intention of the City Commission of the City of 189 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made 190 a part of the Code and Ordinances of the City of Boynton Beach,Florida and that Sections of this Ordinance 191 may be renumbered,re-lettered and the word"Ordinance"may be changed to"Section,""Article,"or such 192 other word or phrase in order to accomplish such intention. 193 Section 7: Severability. If any clause,section,or other part of this Ordinance shall 194 be held by any court of competent jurisdiction to be unconstitutional or invalid,such unconstitutional or 195 invalid part shall be considered eliminated and in no way affect the validity of the other provisions of this 196 Ordinance. 197 Section 8: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or parts 198 of Resolutions in conflict herewith,be and the same are repealed to the extent of such conflict. 199 Section 9. Effective Date. That this Ordinance shall take effect immediately upon adoption 200 and signature by the Mayor. CODING: Words in stfike-thfeugh type are deletions from the existing law; Words in underscore type are additions. Page 8 of 9 201 FIRST READING this 1day of Ppy—,/ , 2025. 202 SECOND, FINAL READING AND PASSAGE this 0daY of 2025. Q� 203 CITY OF BOYNTON BEACH, FLORIDA 204 YES NO 205 206 Mayor— Rebecca Shelton 207 208 Vice Mayor— Woodrow L. Hay 209 210 Commissioner—Angela Cruz 211 212 Commissioner—Thomas Turkin 213 / 214 Commissioner—Aimee Kelley 215 216 VOTE 217 AT SI : 218 219 220 at, 221 Maylee 1 ; - .as, MMC Rebecca Shelton 222 City CI- Mayor 223 224 APPROVED AS TO F RM: 225 (Corporate Seal) �� l �j 26 [/na !� 227 Shawna G. Lamb 228 City Attorney 100559100.6 306.9001821 1 Page 9 of 9 CODING: Words in strike type are deletions from existing law; Words in underlined type are additions.