26-019 ORDINANCE NO. 26-019
1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, AMENDING PART III, CHAPTER 3,
3 ARTICLE III, SECTION 8.E. "DOWNTOWN TRANSIT-ORIENTED
4 DEVELOPMENT DISTRICT" TO REMOVE LANGUAGE IN REGARDS TO
5 DENSITY OF ALLOWANCE UNITS 750 SQUARE FEET OR LESS TO
6 COUNT AS ONE-HALF (1/2) A UNIT, AND PROVIDE A GENERAL
7 CLEAN-UP OF THE ARTICLE; PROVIDING FOR CODIFICATION;
8 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
9 PROVIDING FOR AN EFFECTIVE DATE.
10
11 WHEREAS, Part III "Land Development Regulations," Chapter 3 "Zoning", Article III
12 "Zoning Districts and Overlay Zones," Section 8.E. of the City's Code of Ordinances currently
13 establishes the Downtown Transit-Oriented Development District ("DTODD") Overlay within the
14 City; and
15 WHEREAS, the current regulations currently allow efficiency and one-bedroom units of
16 750 square feet or less to be counted as one-half(1/2) of a dwelling unit for density calculations
17 within mixed-use zoning districts located within the DTODD; and
18 WHEREAS, City staff has determined that this provision may unintentionally incentivize
19 developments with a disproportionate number of small units, resulting in residential densities
20 that significantly exceed the intended maximum density of the underlying zoning district and
21 reduce the diversity of housing types; and
22 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in
23 the best interest of the citizens and residents of the City to update its regulations to promote
24 mixed-use, transit-friendly development within the City; and
Page 1 of 5
CODING: Words in titfike4lifetigh type are deletions from existing law;
Words in underlined type are additions.
ORDINANCE NO. 26-019
25 WHEREAS, the City Commission has determined that this amendment serves the public
26 health, safety, and welfare of the citizens of the City of Boynton Beach.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
28 BOYNTON BEACH, FLORIDA:
29 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
30 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
31 Section 2: The City's Code of Ordinances, Part III "Land Development Regulations,"
32 Chapter 3 "Zoning", Article III "Zoning Districts and Overlay Zones," Section 8 "Overlay Zones" is
33 hereby amended to read as follows:
34 PART III LAND DEVELOPMENT REGULATIONS
35 ...
36 CHAPTER 3. ZONING
37 ...
38 ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES
39 ...
40 Section 8. Overlay Zones.
41 ...
42 E. Downtown Transit-Oriented Development District (DTODD) Overlay.
43 1. Intent. This overlay implements Policy No. 1.18.1 of the Comprehensive Plan's future
44 land use element which establishes the DTODD overlay to improve land development
45 patterns around the future station of the planned commuter service.The overlay's features
46 further enhance the vision embodied by mixed-use zoning districts with increased density
47 and intensity as well as strong emphasis on interconnectivity throughout the area.
48 2. Defined. The DTODD 9overlay coincides with the Station Area of a one-half (1/2) mile
49 radius around the intersection of Ocean Avenue and the Florida East Coast (FEC) rail
50 corridor, which is the anticipated location of the Downtown Boynton Beach Station for the
51 planned commuter Tri-Rail Coastal Link service on the FEC rail ccorridor.
Page 2 of 5
CODING: Words in Mfilie4Iwough type are deletions from existing law:
Words in underlined type are additions.
ORDINANCE NO. 26-019
52 3. General. See additional standards and requirements for mixed-use (urban) districts
53 based on the proximity to the planned train station in Chapter 3, Article III, Section S.A.
54 4. Uses.
55 a. Commercial Frontage Requirements. The required commercial spaces fronting
56 the following rights-of-way shall be a minimum of forty (40) feet in depth and a
57 minimum of thirteen (13) feet in ceiling height. Exemptions to required frontage
58 include provisions for access, public usable open space, and site visibility triangles.
59 (1) Seventy (70%) of the ground floor frontage of structures fronting
60 Federal Highway, the portion of Ocean Avenue between SE/NE 6th Street
61 and Seacrest Boulevard, and/or the portion of Boynton Beach Boulevard
62 west of Federal Highway, must consist of Commercial Uses at the build-to
63 line. The remainder of the ground floor frontage along Federal Highway,
64 the portion of Ocean Avenue between SE/NE 6th Street and/or Seacrest
65 Boulevard, and the portion of Boynton Beach Boulevard west of Federal
66 Highway not occupied by Commercial Uses must consist of Active Uses at
67 the build-to-line.
68 (2) Fifty percent (50%) of the ground floor frontage of structures fronting
69 SE 4th Street must consist of Commercial Uses at the build-to line.
70 b. For the DTODD overlay,allowed uses are based on the underlying zoning district.
71 See "Use Matrix," Table 3-28 in Chapter 3, Article IV, Section 3.D.
72 5. Building and Site Regulations. See Chapter 3, Article III, Section 5.C.
73 !-- - - -- - - - - - - = - .. - -- - - = -
74 bedroom units which arc 750 square feet or less may count as one half(1/2) w unit. When
75 - - - - =-, -- -- . _ - -
76 a. The maximum density of the underlying zoning district when cc::r.ting Units
77 using 1/2 density units, and;
78
79 when-Ecunting c ! unit w . :whole-unit
80 67. Additional Standards. See Chapter 4, Article III, Section 6.H. for additional standards
81 related to urban design and building location for properties located within the transit core
82 of the Station Area.
83 Section 3: Codification. It is the intention of the City Commission of the City of
84 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and
Page 3 of 5
CODING: Words in to-EIreugh type are deletions from existing law:
Words in underlined type are additions.
ORDINANCE NO. 26-019
85 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida. The City Clerk
86 is hereby directed to incorporate this Ordinance into the Code, and to make such section
87 renumbering, re-lettering, and formatting changes as may be necessary to accomplish such intent,
88 including the correction of typographical errors and the updating of cross-references.
89 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be
90 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
91 or invalid part shall be considered as eliminated and in no way affecting the validity of the other
92 provisions of this Ordinance.
93 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or parts
94 of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict.
95 Section 6: Effective Date. That this Ordinance shall take effect immediately upon
96 passage.
97 [SIGNATURES ON THE FOLLOWING PAGE]
98
Page 4 of 5
CODING: Words in type are deletions from existing law;
Words in underlined type are additions.
ORDINANCE NO. 26-019
99 FIRST READING this kday of , c1.02- . 2026.
100 SECOND, FINAL READING AND PASSAGE this 1 day of V , 2026.
101 CITY OF BOYNTON BEACH, FLORIDA
102 YES NO
103
104 Mayor- Rebecca Shelton ✓
105
106 Vice Mayor- Thomas Turkin .�
107
108 Commissioner-Angela Cruz
109
110 Commissioner- Mack McCray ✓
111
112 Commissioner-Aimee Kelley ✓
113
114 VOTE 5'0
115 ATTEST:
116
117 �-^ ,� n
118 CZE / `+ �l� /
119 Tammy Stan one Reb-cca Shelton
120 Interim City Clerk ---.-- Mayor
121 ...--4-c30 VA/7>N
122 ;�i�'•GORPoRgr• ++++ APPROVED AS TO FOR •
123 (Corporate Seal) ; °:' SEA �•:�I;
124 i :INCpRPp '=iarrh
RATED:
125 '�+ '•,•1920 •r ; Shawna G. Lamb
126 ++�` F� ••••••' City Attorney
,q-)R-
SRI DA
Page 5 of 5
CODING: Words in:;t ough type are deletions from existing law:
Words in underlined type are additions.
•
-
,r
•
, r R
1,)'
1