Loading...
26-010 ORDINANCE NO. 26-010 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING PART III, CHAPTER 1, 4 ARTICLE VII, SECTION 2 "DIRECTOR OF PLANNING AND ZONING"; 5 CHAPTER 1, ARTICLE IX, SECTION 6 "POSTING OF NOTICE"; CHAPTER 6 2, ARTICLE I, SECTION 2 "TYPES OF LAND DEVELOPMENT 7 APPLICATIONS";CHAPTER 2, ARTICLE I, SECTION 3 "REVIEW PROCESS 8 FOR APPLICATIONS REQUIRING PUBLIC HEARINGS, GENERALLY"; 9 CHAPTER 2, ARTICLE II, SECTION 2 "STANDARD APPLICATIONS"; 10 CHAPTER 2, ARTICLE II, SECTION 4 "RELIEF APPLICATIONS"; CHAPTER 11 2, ARTICLE II, SECTION 7 "OTHER APPLICATIONS"; CHAPTER 2, 12 ARTICLE III, SECTION 4 "RIGHT-OF-WAY PERMIT"; CHAPTER 3, 13 ARTICLE I, SECTION 2 "SCOPE"; CHAPTER 4, ARTICLE IV, SECTION 5 14 "COMMUNITY DESIGN"; CHAPTER 4, ARTICLE V, SECTION 2 15 "STANDARDS"; AND CHAPTER 4, ARTICLE IV, SECTION 4 16 "STANDARDS"; OF THE LAND DEVELOPMENT REGULATIONS TO 17 REMOVE OUTDATED ADVISORY BOARD REFERENCES, MODIFY OFF- 18 STREET PARKING STANDARDS, AND UPDATE CERTAIN FEATHER 19 BANNER PROCEDURAL REQUIREMENTS; PROVIDING FOR 20 CODIFICATION; CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. 21 22 WHEREAS, Part III "Land Development Regulations," Chapter 1, Article VII, Section 2 23 "Director of Planning and Zoning"; Chapter I, Article IX, Section 6 "Posting of Notice"; Chapter 2, 24 Article I, Section 2 "Types of Land Development Applications Requiring Public Hearings, 25 Generally"; Chapter 2, Article II, Section 2 "standard Applications'; Chapter 2, Article II, Section 4 26 "Relief Applications"; Chapter 2, Article III, Section 4 "Right-of-Way Permit"; Chapter 3, Article I, 27 Section 2 "Scope"; Chapter 4, Article IV, Section 5 "Community Design"; Chapter 4, Article V, 28 Section 2 "Standards"; and Chapter 4, Article IV, Section 4 "Standards" of the City's Code of 29 Ordinances currently references and regulates the City's Planning and Development Advisory 30 Board, off-street parking standards throughout the City, and feather banner procedural 31 requirements; and Page 1 of 12 CODING: Words in tiEfilie4liFeugh type are deletions from existing law: Words in underlined type are additions. ORDINANCE NO. 26-010 32 WHEREAS, the Planning and Development Board is no longer a City Advisory Board and 33 the Development Department would like to amend the City's Land Development Regulations to 34 remove references to the Planning and Development Board; and 35 WHEREAS, the Development Department would like to amend the City's Land 36 Development Regulations to modify off-street parking requirements to allow for additional 37 surface area when using certain permeable materials; and 38 WHEREAS, the Development Department would like to amend the City's Land 39 Development Regulations to remove certain fee and deposit requirements for temporary feather 40 banner signs; and 41 WHEREAS, the City Commission has determined that these amendments serve the public 42 health, safety, and welfare of the citizens of the City of Boynton Beach. 43 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 44 BOYNTON BEACH, FLORIDA: 45 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and 46 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 47 Section 2: The City's Code of Ordinances, Part III "Land Development Regulations," 48 Chapter 1 "General Administration" is hereby amended to read as follows: 49 50 PART III LAND DEVELOPMENT REGULATIONS 51 ... 52 CHAPTER 1. GENERAL ADMINISTRATION Page 2 of 12 CODING: Words in stere-tlreugh type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-010 53 ... 54 ARTICLE II. DEFINITIONS 55 ... 56 BOARD - Board means any board appointed by the city, such as the 57 Historic Preservation Board. Also, see "Historic Preservation, Board." 58 ... 59 LANDSCAPING - Any of the following or combination thereof: Materials such as, but not limited 60 to, grass, ground covers, shrubs, vines, hedges, trees or palms, and other material such as rocks, 61 pebbles, sand, walls or fences, and decorative paving materials approved by the Development 62 Department . -- • . - . . . e- - - - --- __- 63 ... 64 OFFICERS/AGENCIES - Wherever reference is made in this Code or Regulations to any officer or 65 agency, such as "City Manager," "the Mayor," "the City Clerk," " " 66 and so forth, such reference shall be construed to mean such officer or agency of the city and 67 shall include the duly authorized subordinates or personnel of such officer or agency. 68 ... 69 ARTICLE VII. ADMINISTRATIVE AND DECISION MAKING BODIES 70 ... 71 Sec. 2. Director of Planning and Zoning. 72 ... 73 B. Duties and Responsibilities. 74 ... 75 2. To coordinate the above plans with Boards as 76 appropriate. 77 ... 78 ARTICLE IX. NOTICE OF INTENT 79 ... so Sec. 6. Posting of Notice. 81 82 The notice of intent shall be posted in the Development Department; and in a conspicuous 83 location in City Hall. Page 3 of 12 CODING: Words in strike eugh type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-010 84 From and after the notice of intent, applicants for appropriate certificates, permits, and other 85 applicable development applications, including but not limited to plats, site plans, rezonings, 86 variances, and building permits, shall be provided written notice of the pending land development 87 regulatory changes that may potentially affect the applicant. Applicants shall be provided 88 written notice by mail and through the availability of notices in the Development Department, and 89 by posting of the notice of intent. To the extent that affected parties have comments, they shall 90 be afforded the opportunity to file a written opinion or objections with the Development Director. 91 Neither the failure of the city to provide written notice nor the failure of an applicant for 92 development to observe the posted notice nor the failure of the city to provide the posted notice 93 shall invalidate the applicability of this article to said applicant for development approval. 94 Mc "'�~^ ^ c"z" be provided with a copy of all notices of intent upon 95 issuance. 96 Section 3: The City's Code of Ordinances, Part III "Land Development Regulations," 97 Chapter 2 "Land Development Process" is hereby amended to read as follows: 98 CHAPTER 2. LAND DEVELOPMENT PROCESS 99 ARTICLE I. OVERVIEW 100 101 Sec. 2. Types of Land Development Applications. 102 ... 103 A. Table 2-1. Applications by City Departments. 104 Legend: 105 HRPB: Historic Resources Preservation Board 106 P&Z: Planning and Zoning Division 107 P&D: Planning and Development Board 108 CRA: Community Redevelopment Agency 109 CC: City Commission 110 ... 111 Sec. 3. Review Process for Applications Requiring Public Hearings, Generally. 112 ... Page 4 of 12 CODING: Words in stere-through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-010 113 A. Staff Review. Each land development application that requires a public hearing shall be 114 reviewed by staff to ensure compliance with all applicable codes, standards, and 115 regulations; redevelopment plans; and the Comprehensive Plan's goals, objectives, and 116 policies. Unless otherwise specified, the application shall be processed in accordance with 117 the following actions: 118 1. Completeness Review. This section applies to any land development application 119 in this chapter, unless otherwise provided for in the regulations for that specific 120 application. No review shall commence until the application is deemed complete 121 by the reviewing authority. 122 2. Analysis and Recommendations. Staff comments and recommendations shall 123 identify noncompliance and deficiencies with the standards and requirements of 124 these Land Development Regulations or any other applicable codes. During this 125 informal procedure, staff comments and recommendations are forwarded to the 126 applicant so that each issue can be completely resolved or adequately addressed, 127 as determined by staff, prior to Advisory Board review. An applicant may orally or 128 in writing, challenge any staff comment or recommendation by contacting the 129 issuing department directly and presenting specific grounds for the challenge. The 130 issuing department will either affirm or reverse its original comment or 131 recommendation, but all such action shall be based on the provisions of 132 appropriate codes, ordinances, rules, regulations, standard drawings, 133 redevelopment plans, or Comprehensive Plan. A staff comment becomes a 134 recommendation when it is not based on a specific code, ordinance, rule, 135 regulation, standard drawing, redevelopment plan, er goal, objective, or policy of 136 the Comprehensive Plan. Such staff recommendation becomes compulsory when 137 it is approved as part of the conditions of approval and development order by the 138 applicable Advisory Board or City Commission. 139 3. Advisory Board Review, if aaolicable. Upon conclusion of 140 staff review, if an item requires Board action. the Director of Planning and Zoning, 141 designee, or reviewing authority will transmit the document with staff comments 142 and recommendations to the applicable Advisory Board for their review and 143 recommendation. 144 . 145 1. Notification. The P!z^^;^y vnd Zoning Division shall notify the applicant in 146 writing, of the date, time, and location of the Advisory Board meeting. The 147 - - _-- - - - - - - - • -- 148 request to the Director of Planning and Zoning, designee, or to the appropriate 149 reviewing authority. In all instances, the app!icwr: :.hw!! be responsible to comply Page 5 of 12 CODING: Words in.:412 t r gh type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-010 150 with the applicable public notice requirements of City Code of Ordinances Part II, 151 Chapter 2, Article I, Section 2 20. 152 2. Action. The Advisory Board will consider all presented items, including the staff 153 154 information presented at the meeting, and recommend that City ComHssi 155 a. Approve the application; 156 b. Approve tho cppliccttion subject to conditions; 157 c. Table or defer their decision to a subsequent meeting in order to collect 158 additional information or conduct further analyses; or 159 d. Deny the application. 160 CB. City Commission Review. After the Advisory Board conducts its review and formulates 161 a recommendation, the Director of Planning, designee, or reviewing authority will forward 162 the items to the City Commission for final review and approval. 163 1. Notification. The Planning and Zoning Division shall notify the applicant in 164 writing of the date, time, and location of the City Commission meeting. The 165 applicant may opt to postpone City Commission review by submitting a written 166 request to the Director of Planning and Zoning, designee, or to the appropriate 167 reviewing authority. In all instances, the applicant shall be responsible to comply 168 with the applicable public notice requirements of City Code of Ordinances Part II, 169 Chapter 2, Article I, Section 2-20. 170 ... 171 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES 172 ... 173 Sec. 2. Standard Applications 174 A. Conditional Use, Including Time Extension. 175 ... 176 177 4. Approval Process. The Planning and Development Board and City Commission 178 shall consider only such conditional uses as are authorized under the terms of 179 the zoning regulations of Chapter 3. An application for conditional use 180 approval requires review by the City Commission and shall be processed in 181 accordance with Chapter 2, Article I, Section 3. The Commission, upon Page 6 of 12 CODING: Words in:;t ke through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-010 182 recommendation of the Board, may grant conditional uses absolutely or 183 conditioned upon the faithful adherence to the review criteria contained in 184 Section 2.C.3. above. The Commission may also deny requests for conditional 185 uses when not in harmony with the intent and purpose of this section. 186 ... 187 Sec. 4. Relief Applications 188 ... 189 D. Variance to Land Development Regulations. 190 ... 191 4. Approval Process. An application for variance approval requires review by the City Commission 192 and shall be processed in accordance with Chapter 2, Article I, Section 3. In addition, in 193 recommending 3pp;oval of a variance, the City Commission 194 may determine impose the following: 195 a. The Board may pPrescribe appropriate conditions and safeguards in conformity with 196 this section. Violations of such conditions and safeguards, when made a part of the terms 197 under which the variance is granted, shall be deemed a violation of this section. 198 b. The Board may pPrescribe a reasonable time limit within which the action for which the 199 variance is required shall begin, be completed, or both. 200 ... 201 Sec. 7. Other Applications 202 ... 203 C. Mobile Vendor Approval. 204 ... 205 2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this 206 application. Because of minimum separation requirements between each MVU, in those instances 207 when more than one (1) application has been submitted for the same location, the earliest 208 application shall be processed and forwarded to either the Planning and Zonina Division 209 and the Community Redevelopment Agency, if whichever is applicable. 210 ... 211 ARTICLE III. ENGINEERING DIVISION SERVICES 212 ... 213 Sec. 4. Right-of-Way Permit. Page 7 of 12 CODING: Words in type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-010 214 ... 215 D. Conditions for Permits. 216 ... 217 d. The City Commission cr z p::b!ic hearing before the Planning and 218 Development Board and receipt of the findings and recommendations of such 219 Bearer may waive or vary any requirement of paragraph b. above for good cause 220 shown upon application by the persons seeking access. 221 Section 4: The City's Code of Ordinances, Part III "Land Development Regulations," 222 Chapter 3 "Zoning" is hereby amended to read as follows: 223 CHAPTER 3. ZONING 224 ARTICLE I. OVERVIEW 225 ... 226 Sec. 2. Scope. 227 The purpose of these Regulations is to promote the physical and economic development of the 228 city, and foster the use and enjoyment of property in a manner consistent with adopted plans, 229 regulations, and policies. The intent of these Regulations is to promote public health, safety, and 230 welfare;to provide for efficient circulation;to improve the appearance of the community;to assure 231 compatible land uses; and to preserve the resources and character of the area. This zoning 232 regulation includes comprehensive zoning rules for the City of Boynton Beach, dividing the city 233 into districts and establishing the boundaries thereof; regulating and restricting the erection, 234 construction, reconstruction, alteration, repair, or use of buildings, structures or land or water; 235 regulating and restricting the height, number of stories, and size of buildings and other structures; 236 regulating and restricting the percentage of lots that may be occupied; regulating and restricting 237 the size of yards, courts, and other open spaces; regulating and restricting the density of 238 population; regulating and restricting the location or use of buildings, structures, and land and 239 water for trade, industry, residence, and other purposes; specifying the use of defining certain 240 terms herein; providing for the administration, enforcement and amendment of this regulation; 241 establishing and defining the powers and duties of both the Planning and Development Board 242 atm the Community Redevelopment Agency Board; establishing and defining the powers and 243 duties of the Building Board of Adjustment and Appeals; setting penalties for violation of this 244 zoning regulation and authorizing resort to other remedies to prevent or abate violation; 245 providing that this zoning regulation shall supersede any previous zoning ordinance or resolution; 246 and for other purposes. Page 8 of 12 CODING: Words in:;tri k rough type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-010 247 Section 5: The City's Code of Ordinances, Part III "Land Development Regulations," 248 Chapter 4 "Site Development Standards" is hereby amended to read as follows: 249 CHAPTER 4. SITE DEVELOPMENT STANDARDS. 250 ARTICLE IV. SIGN STANDARDS. 251 ... 252 Sec. 5. Community Design. 253 A. General. 254 1. Purpose and Intent. The aesthetic quality of a building or an entire neighborhood is 255 materially a factor of the level of visual harmony between signs, support structures, project 256 architecture, and adjacent surroundings.In addition to the mechanical limitations on signs 257 imposed by this section, there are certain aesthetic considerations that must be met, and 258 therefore signs are subject to review by the Planning and Development Board and City 259 Commission, when required. 260 ... 261 Section 6: The City's Code of Ordinances, Part III "Land Development Regulations," 262 Chapter 4 "Site Development Standards," Article IV "Sign Standards" is hereby amended to read 263 as follows: 264 CHAPTER 4. SITE DEVELOPMENT STANDARDS 265 ... 266 ARTICLE IV. SIGN STANDARDS 267 ... 268 Section 4. Standards 269 270 10. Feather Banners. 271 ... 272 b. Materials. The sign face shall be nylon, polyester vinyl, or canvas, and neither the sign 273 face nor the sign frame shall contain glitter, florescentfluorescent, metallic, or reflective 274 materials. 275 ... Page 9 of 12 CODING: Words in strik gh type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-010 276 g. Fee requirements. Perm!t ;pp cations shall bc procefed following the same proce:f 277 used for proce ting other zoning permits, with a fee based on reviewer wage and review 278 •-- . -- --•-•- - - -- - -- - - - - • . bc fifty dollars ($50.00). 279 h. Deposit. One hundred dollars ($100.00), refundable on or before the expiration of the 280 - -- 'e - - - - - -- . _ _ - - _ -- - - - - -. 281 •. 6... - . - - - - ' "- - -- - -= - - - -- - -. - _. 282 283 Section 7: The City's Code of Ordinances, Part III "Land Development Regulations," 284 Chapter 4 "Site Development Standards,"Article V"Minimum Off-Street Parking Requirements" is 285 hereby amended to read as follows: 286 CHAPTER 4. SITE DEVELOPMENT STANDARDS 287 ... 288 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS 289 ... 290 Section 2. Standards 291 ... 292 4. Driveways and other impervious surfaces within front or side yards of single- and two-family 293 dwelling units. 294 a. Applicability. The requirements of this section are applicable to new construction 295 projects, modifications that increase air conditioned living space and/or number of 296 bedrooms, and requests for a Certificate of Use. 297 298 ba. Driveways shall be constructed of concrete, asphalt. permeable materials as listed in 299 subsection b. or other hard-surface as approved by the City Engineer. Where possible, 300 design and construction should maximize the reflective properties and minimize the heat 301 island effect of such improvements. Also,where possible, tandem parking design, defined 302 as the arrangement of two parking spaces placed one behind the other, is encouraged to 303 minimize impervious surface area and maximize the environmental design of the project. 304 Eb. Suchlmoervious surfaces shall not exceed 40% of the required minimum front yard 305 area. In cases of irregularly shaped lots. the averaa_e width of the lot will be used to 306 calculate the minimum front yard area. Page 10 of 12 CODING: Words in spike-tlreugh type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-010 307 c. A maximum of 55% of the reauired minimum front yard area is permitted to consist of 308 materials with a percolation rate of at least fifty (50) percent relative to the around 309 percolation rate that are specifically designed to be semi-pervious and also provide a hard- surface. Permeable pavina materials include, but are not limited to, pervious pavers, 311 pervious concrete, porous asphalt,and substantially similar materials.In cases of irregularly 312 shaped lots, the average width of the lot will be used to calculate the minimum front yard 313 area. 314 1. In cases where a portion of the area consists of impervious materials and a 315 portion consists of permeable materials, the area of materials with a percolation 316 rate of at least fifty (50) are calculated at 50% of the area consisting of these 317 materials, such that in no case shall the impervious calculation exceed 40%. 318 Section 8: Codification. It is the intention of the City Commission of the City of 319 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 320 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 321 Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be 322 changed to "Section," "Article,"or such other word or phrase in order to accomplish such intention. 323 Section 9: Severability. If any clause, section, or other part of this Ordinance shall be 324 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 325 or invalid part shall be considered as eliminated and in no way affecting the validity of the other 326 provisions of this Ordinance. 327 Section 10: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 328 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such 329 conflict. 330 Section 11: Effective Date. That this Ordinance shall take effect immediately 331 upon passage. Page I I of 12 CODING: Words in:;thke rough type are deletions from existing law: Words in underlined type are additions. ORDINANCE NO. 26-010 332 FIRST READING this n1� day of c i 2 C "c , 2026. 333 SECOND, FINAL READING AND PASSAGE this 1 day of �.�V-4\ \ , 2026. 334 CITY OF BOYNTON BEACH, FLORIDA 335 YES NO 336 337 Mayor- Rebecca Shelton ✓ 338 339 Vice Mayor-Thomas Turkin ✓ 340 341 Commissioner-Angela Cruz ✓ 342 343 Commissioner- Mack McCray ✓ 344 345 Commissioner-Aimee Kelley 346 347 VOTE 5 -o 348 ATTEST: 349 350 351 tO.P/27/1•740-1 � ' /717 352 Tammy Stanzi6ne Rebecca Shelton 353 Interim City Clerk Mayor 354 355 APPR ED AS TO FO M. 356 (Corporate Seal) //�� 357 •"'"t//94 //27F 358 Shawna G. Lamb 359 =F B�YNTO � City Attorney :•C,ORPORg;••(01 SEA F L ._ �IIVCORPpRA7ED: , 1( 1 • \II '•. 1920 ' z. RIbe Page 12 of 12 CODING: Words in stFili 'type are deletions from existing law; Words in underlined type are additions.