O#205 ORDINANCE NO. 205
ZONING ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF BOYNTON BEACH, FLORIDA
RELATING TO AND REGULATING, CONTROLLING, AND GOVERNING THE ERECTION,
CONSTRUCTION, LOCATION, SIZE, AND USE OF BUILDINGS AND STRUCTURES OF
EVERY NATURE AND KIND TO BE HEREAFTER BUILT OR ERECTED IN THE CITY
OF BOYNTON BEACH, FLORIDA, LIMITING AND RESTRICTING TO SPECIFIC DIS-
TRICTS AND REGULATING THEREON BUILDINGS AND STRUCTURES ACCORDING TO
THEIR SIZE AND THE NATURE AND EXTENT OF THEIR USE, REGULATING AND
RESTRICTING THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION
OF BUILDINGS DESIGNATED FOR SPECIFIC USES, ESTABLISHING THE BOUNDARIES
OF DISTRICTS FOR SAID REGULATIONS AND LIMITS, PROVIDING FOR THE ADMINI-
STRATIONS AND ENFORCEMENTS OF THESE PROVISIONS, ESTABLISHING A BOARD OF
ADJUSTMENT AND PROVIDING FOR THE APPOINTMENT OF A BOARD OF INQUIRY AND
PROVIDING PENALTIES FOR THE VIOLATION OF THESE PROVISIONS, ALL FOR
THE PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY, ORDER, CONVENIENCE,
PROSPERITY, AND GENERAL WELFARE, TO LESSEN THE DANGER FROM FIRE, CON -
GESTION,..AND CONFUSION, AND TO IMPROVE AND BEAUTIFY THE CITY OF BOYNTON
BEACH, FLORIDA, AND REPEALING ALL CONFLICTING ORDINANCES, AND DECLARING
AN EMERgENCy.
Be it ordained by the City Commission of the City of Boynton
Beach, Florida, as follows:
SSECTION ONE
That there be established six types of zone areas within the
corporate limits of the City of Boynton Beach, Florida, which shall
be as follows:
TYPE "A" ZONE - Restricted to residential buildings with a
floor area of 1,000 square feet minimum.
TYPE "A -1 "ZONE - Restricted to residential buildings with a
floor area of 800 square feet minimum - duplex apartments allowed.
TYPE "B" ZONE - Restricted to semi - residential buildings with
a floor area of 700 square feet minimum.
TYPE "C" ZONE - Restricted to semi - residential buildings with
a floor area of 450 square feet minimum.
, TYPE "D" ZONE - Restricted to commercial buildings with a floor
area of 750 square feet minimum.
TYPE "E" ZONE - Size of buildings unrestricted. No temporary
structure shall be permitted other than those required by workmen
while in the process of constructing other buildings. All buildings
within said area shall be painted. Persons residing in trailers
within said area shall be subject to the following provisions:
A) For the purpose of abode not more than one trailer
shall be allowed on any one lot.
B) For purpose of abode, sanitary facilities shall be
provided for each trailer.
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C) No trailer shall be allowed to rest on any founda-
tion other than its wheels.
D) Awnings attached to a trailer shall be considered
a part thereof.
E) No structures shall be fixed or supported by a
trailer whether the same be a roof or otherwise.
F) Any building within said area used as a dwelling,
there shall be provided permanent sanitary facilities,
and said building shall be served by a septic tank
constructed in accordance with the provisions of the
building code of the City.
SECTION TWO g
The Boundaries of each of the above designated district or
zones shall be as follows:
I. NORTH CITY LIMITS TO BOYNTON CANAL AND
F. E. C. RY. TO WATERS OF LAKE WORTH
ZONE
111 D From the North City Limits, southward to the north
boundary of Lakeside Gardens S/D and from Federal Highway
e astward, a distance of 150 feet.
B From the North City Limits, southward to the north
boundary of Lakeside Gardens S/D and from a point 150
feet east of Federal Highway, eastward to waters of Lake Worth.
D In Lakeside Gardens S /D, all platted lots facing
Federal Highway.
B In Lakeside Gardens S /D, all platted lots not facing
Federal Highway.
D From the south boundary of Lakeside Gardens S/D south-
ward to north boundary of W.S. Shepards Subdivision and
from Federal Highway eastward a distance of 150 feet.
B From the south boundary of Lakeside Gardens S/D south-
ward to,north boundary of W. S. Shepards S/D and from a point
150 feet east of Federal Highway to waters of Lake Worth.
D In W. S. Shepards S /D, all platted lots facing Federal
Highway.
B From north boundary W. S. Shepards S/D to south boundary
of W. S. Shepards S/D and from a point 145 feet east of
Federal Highway to the east boundary of W. S. Shepards S/D
and including all lands lying easterly thereof to the waters
of Lake Worth.
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D From the south boundary of W. S. Shepards S/D southerly
to the south boundary of Lake Village and from Federal High-
way easterly 150 feet.
B From the south boundary of W. S. Shepards S/D southerly
to the south boundary of Lake Village and from a point 150 feet
east of Federal Highway, easterly to waters of Lake Worth.
A From the south boundary of Lake Village S/D southerly to
the Boynton Canal and from the Florida East Coast Ry. easterly
to the waters of Lake Worth.
II. BOYNTON CANAL SOUTHWARD TO DADE STREET EAST OF
F. E. C. RAILWAY
D From Boynton Canal southward to Dade Street and from F. E. C.
Ry. eastward to the east boundary of all platted lots facing on
Federal Highway or in the absence of a plated lot, to a point
150 feet east of Federal Highway.
A, From Boynton Canal, southward 660 feet and from a point
150 feet east of Federal Highway easterly to waters of Lake Worth.
C From a point 660 feet south of Boynton Canal, southward
185 feet and from a point 150 feet east of Federal Highway
easterly to waters of Lake Worth.
A From the north boundary of Lake Addition, southward
to the north boundaries of Civic Center S/D and Deweys S/D
and from a line forming the east boundary of platted lots
on east side of Federal Highway; and in the absence of a
platted lot, from a point 150 feet of Federal Highway,
easterly to waters of Lake Worth and F.I.N.D. Canal.
D From a line forming the easterly continuation of Poin-
settia Street to the south boundary of platted lots south of
Ocean Avenue and from Federal Highway easterly to Orange Grove
Avenue.
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D From the north boundaries of Civic Center S/D and Deweys'
S /D, southward to a line forming the easterly continuation of
Poinsettia Street and from a line forming the east boundary of
platted lots on east Side of Federal Highway and in the absence
of a platted lot, from a point 150 feet east of Federal High -
way, easterly to F. I. N. D. Canal.
D From north boundary of Case Loma S/D to north boundary
of The Lawns S/D and from. Orange Grove Avenue easterly to
F. I. N. D. Canal.
A All of the Lawns S/D excepting those platted lots facing
on Federal Highway and Ocean Avenue.
III. DADE STREET SOUTH TO WOOLBRIGHT ROAD AND FROM F.E.C.
RY. EAST TO A POINT 150 FEET EAST OF FEDERAL HIGHWAY.
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A From Dade Street and a line forming the easterly continu-
ation thereof, to Central Blvd. and a line forming the easterly
continuation thereof, and from Palmetto Street easterly to the
east boundary of all platted lots east of and facing Federal
Highway (and in the absence of platted lots, to a point 150
feet east of Federal Highway).
A From Dade Street south to Park Street and from F.E.C. Ry.
easterly to Palmetto Street (excepting therefrom lots 3 to 8
inc. of Sunset Court S /D).
B Lots 3 to 8 inc. of Sunset Court S /D.
A From Curtis Avenue southward to Central Blvd., including
only the platted lots on west side of and facing Palmetto
Street.
C All lots in Hathaway Park and Central Park (excepting
therefrom those lots facing Palmetto Street, Federal Highway
and Central Blvd).
B All lots in Central Park touching on Central Blvd.,
(excepting therefrom those lots facing on Palmetto Street
and Federal Highway).
A Lots 1 to 6 inc. Central Park.
A Beginning at a point forming the Southeast corner of Lot
6 Central Park, run west 289 feet, thence south 264 feet,
then east 139 feet, thence south 219 feet, thence west 90 feet,
thence south 165 feet, thence east 240 feet to Federal High-
way, thence northerly along the west boundary of Federal High-
way to point of beginning.
C Beginning at a point on Woolbright Road, 240 feet west of
Federal Highway, run north 165 feet, thence east 90 feet, thence
north 219 feet, thence west 139 feet, thence north 264 feet,
thence west to F.E.C. Ry, thence southerly along the east
boundary of F. E. C. Ry to said south line of Section 28,
being Woolbright Road; thence easterly along said section
line to P.O.B.
IV. WOOLBRIGHT ROAD TO SOUTH LIMITS, FROM F.E.C. RY.
TO FEDERAL HIGHWAY
D From Woolbright Road, south to south City limits, including
only the land on both sides of Federal Highway, a distance of
150 feet east and west of said Federal, Highway.
C From Woolbright Road south to south City Limits and from
the F.E.C. Ry. to a point 150 feet west of Federal Highway.
V. F.E.C. RY. TO GREEN STREET AND COLORED TOWN TO
DADE STREET.
C Beginning at the intersection of Spruce Street and F.E.C.
Ry., run west to Green Street, thence south to the north boundary
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of Shepard Addition, thence east to the west boundary of C. J®
Coops Addition, thence northerly to Leone Street, thence easterly
to F.E.C. Ry, thence northerly along the west boundary of
F.E.C. Ry. to point of beginning.
B Beginning at the intersection of Leone Street and the
F.E.C. Ry., run west along Leone Street to a point forming
the southerly continuation of Pine Street, thence south along
the western boundary of C.W. Copps Addition to the northern
boundary of Shepard Addition, thence westerly to Green Street,
thence southerly along Green Street to a point midway between
Poinsettia Street and Ocean Avenue, thence easterly to a point
on Palm Street which is midway between Poinsettia Street and
Ocean Avenue, thence northerly to a point on Palm Street which
is midway between Poinsettia Street and Lake Avenue, thence
westerly to a point on Pine Street which is midway between
Poinsettia Street and Lake Avenue, thence northerly along Pine
Street to a point forming the northwest corner of Lot 12 of
C. W. Copps Addition, thence easterly along the north boundary
of all platted lots facing on Lake Avenue to the F.E.C. Ry.
thence northerly along the F.E.C. Ry. to point of beginning.
D All platted lots facing on Lake Avenue from Pine Street
to F. E. C. Ry.
D Beginning at a point forming an intersection of the F.E.G.
Ry. with a point midway between Poinsettia Street and Lake
Avenue, thence run west to Palm Street, thence south to a point
midway between Ocean Avenue and Jasmine Street, thence easterly
to F.E.C. Ry., thence northerly along F.E.C. Ry. to point of
beginning.
A Beginning at a point on Palm Street, midway between Poin-
settia Street and Ocean Avenue, run west to Pine Street, thence
run south on Pine Street to a point midway between Ocean Avenue
and Jasmine Street, thence run east to Palm Street, thence run
north to point of beginning.
A Beginning at a point on Pine Street, midway between Poin-
settia Street and Ocean Avenue, run west to Green Street,
thence run south to Ocean Avenue, thence run east to Pine Street,
thence run north to point of beginning.
A Lots 1, 2 and 6 Block 15 Sawyers Addition.
C Beginning at the intersection of F.E.C. Ry. with a
point between Ocean Avenue and Jasmine Street, run west to
Pine Street, thence run south to Dade Street, thence run
east to F.E.C. Ry, thence run north along F. E. C. Ry.
to a point of beginning.
VI. DADE STREET TO WOOLBRIGHT ROAD AND F.E.C. RY.
TO WITHIN 150 FEET OF GREEN STREET.
C Beginning at the intersection of F.E.C. Ry. and Dade
Street, run west to Pine Street, thence run south to Wool -
bright Road, thence east to F.E.C. Ry., thence northerly
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along the F.E.C. Ry. to a point of beginnig (excepting
therefrom Lot 1 Block 6 and Lot 5 Block 1 of Central Park
Annex.)
Lot 1 Block 6 and Lot 5 Block 1 Central Park Annex.
B Beginning at intersection of Pine Street and Dade Street,
run west to a point 150 feet east of Green Street, thence
youth to Woolbright Road, thence east to Pine Street, thence
northerly along Pine Street to point of beginning.
A Beginning at a point on Dade Street, which is 150 feet
east of Green Street, run west to Greeen Street, thence south
to Woolbright Road, thence east to a point 150 feet east of
Green Street, thence north forming a line 150 feet east of
Green Street to point of beginning.
VII. GREEN STREET TO S. A. L. RY. AND WELLS AVENUE
TO DADE STREET.
C Beginning at intersection of Green Street and Wells
Avenue, run west to S. A. L. Ry, thence south to a line forming
the westerly continuation of Princeton Drive, thence east to
Green Street, thence north to point of beginning.
B Beginning at the intersection of Green Street and Princeton
Drive, run west to the northwest corner of Ridgewood S /D, thence
south to a point forming the northwest corner of Lot 101 of
Ridgewood S/D thence easterly to Miller Street, thence continu -;.
ing easterly along alley between Cherry Place and Lake Avenue
to Frederick Street, thence continuing easterly along the north
boundary of Lot 5 of Ridgewood S/D to the northeast corner of
said Lot 5, thence northerly to Coral Way, thence easterly to
Benson Street, thence easterly, meandering the north boundary
of the platted lots facing on the north side of Coral Way to
Green Street, thence northerly along Green Street to point of
beginning.
A Beginning at the intersection of Green Street and Coral
Way thence run northerly and westerly, meandering the north
boundary of platted lots facing the north side of Coral Way
to Benson Street, thence continue west to the east boundary
of Ridgewood S /D, thence south to a point forming the North-
east corner of Lot 5 of Ridgewood S /D, thence west to Fred-
erick Street, thence continuing west along alley between Cherry
Place and Lake Avenue to Miller Street, thence along the
north boundary of Lot 101 Ridgewood S/D to the west boundary
of Ridgewood S /D, thence south to Lake Avenue, thence east to
Green Street, thence north to point of beginning.
B 175 feet depth along the north side of Lake Avenue from
the west boundary of Ridgewood S/D to the S.A.L. Ry.
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A 120 feet deep on both north and south sides of Ocean
Avenue from Green Street to S. A. L. Ry.
Al Beginning 120 feet north of Ocean Avenue and extending
north to Lake Avenue from Green St. to the S. A. L. Ry.
Beginning 120 feet south of Ocean Avenue and extending
south to Dade Street from Green Street to S.A. L. Ry.
VIII& GREEN STREET TO S. A. L. RY. AND DADE STREET
TO W00LBRIGHT ROAD.
Beginning at the intersection of Green Street and Dade
Street, run west to Knuth Street, thence on a line forming
the continuation of Knuth Street, run south to Curtis Avenue,
thence westerly along Curtis Avenue to Powell Street, thence
south along Powell Street to the south boundary of McDonald
Park, thence easterly to Knuth Street, thence south to a point
midway between Harding Avenue and Woolbright Road, thence east
to Green Street, thence north to a point of beginning.
B Beginning at the intersection of Dade Street and Knuth
Street, run westerly along a line forming the continuation of
Dade Street to the S. A. L. Ry., thence south along the
S. A. L. Ry to a point forming the southwest corner of Bellamy
Hts. S /D, thence east to Powell Street, thence north to a line
forming the westerly extension of Curtis Street, thence easterly
to Knuth Street, thence northerly to a point of beginning.
B Beginning at a point on Green Street which is midway be-
tween Harding Avenue and Woolbright Road, run westerly to a
line forming the northerly continuation to Knuth Street, thence
southerly to Woolbright Road, thence easterly to Green Street,
thence northerly to point of beginning.
IX. WEST OF S. A. L. RY.
A All that part of Lake Boynton Estates lying north and
west of Ocean Avenue, and south of Lake Avenue and west of
R. A. L. Ry.
C All that part of Lake Boynton Estates lying south and
east of Ocean Avenue, and north of Woolbright Road and west
of S. A. L. Ryo
B A depth of 175 feet lying north of the south line of
Sec. 20 -45-43 which follows Lake Avenue west of S.A.L. Ry
and extending west to a point which forms the northerly
continuation of the west boundary of Lake Boynton Estates.
E All of Laurel Hills S/D (except the south 175 feet which
faces Lake Avenue) and Lots 2 to 11 Inc, S/D of the west 3/4
of Sec. 20- 45 -43.
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Said areas are also shown by a colored map of said areas of
said city attached hereto and made a part hereof as fully as if
recited at length. Any conflict between said map and the contents
of this ordinance shall be controlled by wording of this ordinance.
SECTION THREE
This ordinance shall be administered and enforced by the build-
ing inspector through the proper legal channels. He shall in no
case grant any permit for the construction or alterations of any
building and he shall not grant any certificate of occupancy in
respedt of any building where the proposed construction alteration
or use thereof would be in violation of any provision of this ordi-
nance.
SECTION FOUR
All construction contemplated under this ordinance shall comply
with the building code of the City of Boynton Beach and permits shall
be obtained prior to erection or alteration of any building erected
within the corporate limits of the City of Boynton Beach.
SECTION FIVE
All applications for building permits shall be signed by the
owner or agent of the property accompanied by a plat in duplicate,
drawn to scale, showing distance in figures and the actual dimen-
sions and legal description of the lot to be built upon. All
buildings existing, if anyl upon said lot, the exact size and
location on the lot of the building to be erected and streets and
alleys adjacent and such other information as may be necessary for
proper enforcement of this ordinance and by the payment of a fee
as required by the building code. A record of such applications
and plats shall be kept at the office of the building inspector.
Should the building inspector refuse a building permit, the
applicant therefor shall have the right to appeal, in writing,
to the City Council within thirty (30) days from such refusal and
the Council shall sustain the action of the building inspector, or
order the permit issued, either in form, originally applied for, or
with such modifications as the Council may see fit to approve.
The City Council may appoint, in such manner and for such terms
as it may see fit, a Board of Enquiry, of competent and particularly
qualified freeholders, one or more of whom may be a member of the
City Council by resolution, and require that appeals from or protests
against, the rulings or actions of the building inspector be first
presented to such Board, which shall with reasonable expedition in-
quire into the matter and make appropriate recommendations to the
City Council. The Council shall, by resolution, establish and from
time to time, modify regulations for the meetings of such Board and
all other matters appertaining to its continuance and functioning.
Any freeholder, or the Board of Enquiry, shall have the right to
protest in writing a ruling or action by the building inspector,
which protest shall serve to stay issuance of a permit, until the
matter shall have been considered by the Board of En u r an de-
cited by the City Council in the case of protest by a rraeho� der,
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or be decided by the City Council in case the protest originates
v. th the Board of Enquiry.
SECTION SIX
For any and every violation of the provisions of this Ordinance,
the owner, contractor or other person interested, as lessee, tenant,
or otherwise in any building or premises where such violation has
been committed or shall exist, and who refuses or neglects to abate
said violation within five days after written notice has been
served upon him either by mail or personal service, shall be
deemed guilty of a misdemeanor and upon conviction thereof, shall
for each and every violation be subject to a fine of not more than
One Hundred Dollars 0100.00) or imprisonment in the City jail
for a term of not more than thirty (30) days, or both, at the
discretion of the Court or Judicial officers before whom a convic-
tion may be had. Each and every day that such violation continues
after such notice shall be considered a spparate and specific viola-
tion of this ordinance and not as a continuing offence.
SECTION SEVEN
Should any section, part or provision of this Ordinance be
held unconstitutional or invalid, such decision_ shall not affect
the validity of this ordinance as a whole or aiy part thereof,
other than the part so held unconstitutional or invalid.
SECTION EIGHT
Amendments, alterations and changes may be made in the Use
Districts prescribed by this Ordinance from time to time, as
expanding growth or conjection in any district may require such
changing.
SECTION NINE
All existing Ordinances or parts of Ordinances conflicting
herewith are hereby repealed.
SECTION TEN
It is the intention of this ordinance to provide a compre-
hensive zoning plan reasonably regulating butiness, building, and
the growth of the City of Boynton Beach in accordance with the
City of Boynton Beach Municipal Charter and the Laws of the State
of Florida.
BE IT FURTHER ORDAINED that a degree of emergency does exist
and is hereby declared to exist for the imediate preservation_ of
the public peace, health and safety of the municipality of Boynton
Beach for the passage and adoption of this ordinance.
BE IT FURTHER ORDAINED that this ordinance being an emergency
ordinance shall take effect immediately upon its passage and adoption.
PASSED AND adopted this 1st day of August, A. D., 1949
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