Minutes 12-05-94 #INUTES OF THE CITY CONI4ISSION WORKSHOP NEETING
HELD IN COI4NNISSION CHANBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON #ONDAY, DECENBER 5, 1994, AT 6:30
PRESENT
Edward Harmening, Mayor
Matthew Bradley, Mayor Pro Tem
Jose Aguila, Commissioner
David Katz, Commissioner
Planning & Development Board
Gary Lehnertz, Chairman
Stanley DubS, Vice Chairman
Bradley Weigle
Carrie Parker, City Manager
Sue Kruse, City Clerk
Tambri Heyden, Planning and
Zoning Director
The workshop meeting began at 6:30 p.m.
I. COI4t4UNITY DESIGN PLAN
A. Introduction
Approximately two years ago, the Planning and Zoning Department began rewriting
the Community Design Plan. There were two reasons for taking on this task. The
first reason involved the fact that the Planning and Zoning Department had the
goal of writing a unified land development code. Secondly, Commissioners had
voiced their dissatisfaction with the overall philosophy, structure and perfor-
mance of the Community Design Plan.
The current Community Design Plan establishes three different types of architec-
tural theme districts within the City. They are Modern, Spanish/Mediterranean,
and Coastal Village. Each district has its own list of roof, wall, window, wall
accessory, amenities, color and landscape species which must be incorporated
into the on-site landscaping and exterior design of buildings.
Since the inception of the Community Design Plan in 1990, there have been forty
(40) development applications (new construction and major modifications) which
have had to comply with the design requirements. Sixteen (16) of those appli-
cants (approximately 40%) have requested an appeal. Those sixteen (16) appeals
were pretty evenly split throughout the three (3) districts.
Mayor Harmening questioned the "real" reason behind the appeals. Ms. Heyden
feels that because many of the applications were commercial in nature, they have
a corporate image which they try to keep.
Ms. Heyden displayed a map of the City which depicted the boundaries of each of
the districts. The Coastal Village District encompasses Federal Highway, a por-
tion of Boynton Beach Boulevard and North Congress Avenue. The Spanish/Mediter-
ranean District is a limited area on Boynton Beach Boulevard, east and west of
Congress Avenue, and a small portion of the northern part of the City which
encompasses Boynton Lakes Plaza and Meadows Square. The Modern District is pri-
marily Congress Avenue and Woolbright Road. ~
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NINUTES - CITY COI4NISSION WORKSHOP HEETING
BOYNTON BEACH, FLORIDA
DECEHBER 5, 1994
In response to Mayor Harmening's question, Ms. Heyden explained that the bound-
aries of these districts were drawn in-house after a great deal of field work.
It was a joint effort on the part of the City Manager's Office, the Building
Department, the Planning and Zoning Department and the City Forester. The
districts were set up to establish a pattern for the City. The intent was to
set forth specific guidelines which could easily be enforced by staff. That
would also eliminate the subjective process which was involved in designing
buildings.
Ms. Heyden requested to know the Commission's desire with regard to their role
in architectural review, what the scope of that review should be, and when that
review should take place.
B. Overall Strengths and geaknesses of Current Plan
Commissioner Aguila advised that he has always felt that the Community Design
Plan is the silliest thing he has ever heard.of. If this was instituted to make
enforcement easier for staff, then it was implemented for the wrong reason. The
Commission is continually granting relief from this plan to applicants. He
feels this Community Design Plan is very taxing on design professionals. It is
Commissioner Aguila's opinion that most of the work which comes to the City is
done by responsible design professionals, and it is done well. Commissioner
Aguila does not feel it is necessary to have a Community Design Plan which is so
specific with regard to colors, treatments and amenities.
C. General Strengths and Neaknesses of New Plan drafted In 1993
In discussions with former City Planner Chris Cutro, Commissioner Aguila advised
that he was looking for a plan which was more subjective and more in the guise
of directing staff and the Commission to look at projects in terms of overall
impact on wherever that project was being planned. Reviewers should be able to
look at the complete package, including signage, and make a determination
regarding whether or not this project will be an asset to the community. He
feels defined districts must be eliminated.
In Commissioner Aguila's opinion, the problem with the 1993 draft was that there
was too much "pie in the sky". He is very pleased with the Planning and Zoning
Department staff recommendations with regard to the 1993 draft because it is a
more workable plan. Things which do not belong in that plan have been deleted.
Instead of defining districts, the 1993 draft, with refinements, will allow the
overall picture to be looked out, and good architecture will be obvious.
The Community Design Plan should be eliminated so that we can allow responsible
design professionals to practice their trade and do whatever they feel is the
right thing. If necessary, they will be nudged at staff level, the Board level,
and the Commission level. The Community Design Plan has never worked, it is
confusing, and no one understands it. Whatever is put in place must be
encouraging to design professionals.
Commissioner Katz questioned the reasons why Commissioner Aguila is opposed to
areas of the City having a specific design theme.
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MINUTES - CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 5, 1994
Commissioner Aguila feels there is not enough vacant property remaining in any
of the design districts to help the districts become more defined. Further, if
architecture is done well, a Modern building can be very effective next to a
Mediterranean building or Coastal building. The quality of work is dependent on
the design professional. It is the City's responsibility to ensure that the
design professional provides quality architecture. It is presumptuous of the
City Commission to tell the design professionals how the job should be done.
However, he is willing to ask those design professionals to do whatever is
necessary to provide a positive impact on anyone passing that project.
Commissioner Katz said a lot of cities make demands, and they get what they
demand. Commissioner Aguila does not feel the City has the right to tell prop-
erty owners that the property cannot be developed, the way they want because that
design does not meet a Community Design Plan. However, the City should hold
that developer to the task of doing a good design and providing the proper
parking, lighting and landscaping.
Commissioner Katz' main objection to the 1993 draft was that it gave the
Planning Director the "ultimate say so". Commissioner Aguila agreed that the
Planning Director should not have that kind of power. He feels Ms. Heyden has
provided good recommendations on how to bring that 1993 draft back into reality.
Commissioner Aguila feels the numbering system is very confusing, but realizes
it can be rewritten much more clearly.
Gary Lehnertz explained that, as a Planning and Development Board member, he
feels it is his responsibility to ensure pleasant aesthetics and harmony in
areas traversed by large groups of people. The Community Design Plan was put in
place for that purpose. Broader guidelines could accomplish the same thing.
However, if the City only requires that a developer provide a "nice looking
building", the end result will be a mix of styles which will break up the har-
mony of the area.
Commissioner Aguila feels that all developers should consider the existing
buildings and neighborhood when designing a project. The new project should be
harmonious with those existing buildings. However, he does not feel a project
should be designed to meet a specific theme just because of its location. The
districts must be eliminated.
Mayor Pro Tem Bradley feels there is a need for consistency and harmony. He
feels that the draft plan and staff's recommendations address these needs.
Mr. Lehnertz feels staff has provided some very good recommendations.
D. Staff recommendations for 1993 draft plan
Commissioner Aguila recommended that this Community Design Plan be rewritten in
a better, more organized manner.
Section 0,5 - Paragraph 3
Commissioner Aguila requested clarification of this paragraph.
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MINUTES - CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
DECEHBER 5, 1994
Ms. Heyden advised that the main shopping centers~ at Boynton Lakes Plaza and
Catalina Center were approved prior to the inception of the Community Design
Plan. Those centers included outparcels which were either Constructed prior to
the Community Design Plan, or there were footprints for those outparcels. It
was understood that when those outparcels were developed, they would have to go
through site plan approval. Staff experienced problems in forcing a change to
the building occupancy. It is arduous, impractical and costly. She recommends
removing this from the Code.
In such cases, Commissioner Aguila feels the outparcel should be compatible to
the building of which it is an outparcel.
Ms. Heyden requested clarification from the Commission on a situation when the
districts are eliminated. If there is a site plan approval which was approved
during the time when the Community Design Plan was in effect, should the out-
parcel comply with the overriding theme of the main shopping center?
Commissioner Aguila said he would encourage them to comply with that style.
Section 8,5,1,3
Ms. Heyden asked for clarification on when this section needs to apply to
existing structures. She reported that when someone comes in for an addition,
regardless of its size, there is a requirement for parking lot compliance. She
feels it is necessary to determine when this is required for an existing struc-
ture.
In response to Commissioner Aguila's question, Ms. Heyden said that when the
dense growth is not being considered, these other triggers would not be as
onerous as they are now. She pointed out that she is not in favor of removing
existing landscaping because it is not a native species.
Ms. Heyden will work out something which will be reasonable.
Commissioner Aguila recommended that the addition not increase the area by 50%
or a certain percentage of the property's valuation before the applicant must
comply with all requirements.
Mr. Weigle said it is usually either 50% or a monetary percent of the value.
warned that you must be specific on whether or not it is 50% of the square
footage, or 50% of the remodeling.
He
Commissioner Aguila recommended investigating what others are doing in this
regard.
Section 8,5,2,
Ms. Heyden questioned whether or not this is an exterior architecture Ordinance,
or something much broader to address not only architecture, but all kinds of
amenities.
Mayor Harmening does not feel the City should be involved in design guidelines.
Commissioner Aguila agreed. Our job should be to ensure that the professionals
design properly.
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#ZNUTES - CITY COI4i4ISSION WORKSHOP #EETING
BOYNTON BEACH, FLORIDA
DECE#BER 5, 1994
Mr. Dub~ pointed out that there are three large vacant parcels between
Woolbright Road and Golf Road on Congress Avenue. The only other commercial
building in that area is the Woolbright Center. If the design districts are
eliminated, it is possible that three different types of buildings could result.
Commissioner Aguila explained that what goes into~ these areas can be controlled
through the process by requiring professional work. He also pointed out that
because of the size of those parcels, the developer or entity coming in will
most likely have corporate responsibility.
Mayor Harmening said the one concept he does not agree with is that the design
professional will come in and do a superlative job. The job he does will be
exactly what can be done based on what the client wants and is willing to pay
for.
Mr. Lehnertz expressed concern with the City giving only general guidelines and
not having something specific. He is worried that general guidelines may not be
enough. Mr. Lehnertz feels the Community Design Plan needs to be modified, but
he also feels there.needs to :be a middle ground.
City Manager Parker pointed out that Mr. Lehnertz' concerns have been the gist
of the debate on this Community Design Plan.
Commissioner Aguila said he agrees with all comments about moving sections to
the Landscape Ordinance and the Parking Lot Ordinance.
Section 8,5,2,5,
A lengthy discussion ensued following Commissioner Aguila's recommendation to
remove the word "dense" from this section since that word is not defined.
Ms. Heyden said she intends to make this section very specific so that it will
state how many shrubs must be planted on center, and what the height must be.
Sections 8,5,2,9 and 8,5,2,10
These sections deal with trash receptacles. There is no indication that the
dumpster enclosures must have gates. Commissioner Aguila would like that
requirement included.
Also, commercial lots have been using recycling containers for at least two
years; however, our dumpster enclosure requirement has not changed to accom-
modate the additional container. He requested that this requirement be added
where appropriate.
Section 8,5,3,5,
Commissioner Aguila said all four (4) sides of the building should be treated as
elevations.
Section 8,5,3,8,
Commissioner Aguila recommends deleting this.
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MINUTES - CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 5, I994
Sectton 8.5.3.12
Commissioner Aguila recommended deleting this section. However, after discus-
sion, a decision was made to leave this section as written.
Sectlons 8,5,4,5.1 and 8.5,4,5,2,
Commissioner Aguila recommended qualifying the "large" versus "not so large"
trees. He realizes that Mr. Cutro's idea was that when a large project was
being built, there should be a certain percentage of larger than the minimum
"required at planting" trees so that the project was in different stages of
growth.
Commissioner Aguila recommended defining the Landscaping Ordinance to require
bigger trees and better foundation planting. He does not feel the percentage of
bigger versus the percentage of smaller needs to be addressed.
Section
Ms. Heyden corrected the typographical error to read "security" ordinance rather
than securing ordinance.
Commissioner Aguila does not believe that the City is enforcing this section
regularly. He pointed out that one can travel for miles without seeing a prop-
erty address. In his opinion, the Certificate of Occupancy should not be issued
until the address is visible.
Commissioner Aguila recommended looking at this when the overall project is
reviewed. The applicant must be asked where he/she intends to locate the street
address.
Ms. Heyden suggested changing the Sign Code to require a freestanding sign to
display the address. Commissioner Aguila did not have a problem with that
suggestion·
Commissioner Aguila felt staff's comments were very good. He feels this Plan
can be reworked to make sense of it. He agrees that land-scaping and parking
should be separated.
II. SET DATE FOR ~ANUARY CODE WORKSHOP
(Possible Toplcs -- Treasure Coast Regional Plannlng Count11 presenta-
tion of recon~ended Code changes to downtown area, draft comnunlty design
ordinance, rec~endatlons for Landscape Code)
City Manager Parker advised that Treasure Coast Regional Planning Council will
be ready by next month's meeting. A decision was made to hold this meeting on
Monday, January 9, 1995, at 6:30 p.m.
Treasure Coast will bring the draft Codes and overlays for the downtown area.
We will advertise that workshop meeting so that all interested parties will be
aware of it.
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HIHUTE$ - CITY COMHI$$IOH WORKSHOP #EETIHG
BOYHTOH BEACH, FLORIDA
DECEHBER 5, 1994
Mr. Dub~ pointed out that the downtown area comes under the responsibilities of
the Community Redevelopment Advisory Board rather than the Planning and Develop-
ment Board. However, Planning and Development will become involved because of
the Community Design Ordinance.
City Manager Parker said this will be an intermingling, and there will be
discussions abOut all of the elements of the downtown area including design.
Ms. Heyden advised that she will bring back the changes discussed this eveni~ng
in an Ordinance for first reading at an upcoming City Commission meeting.
ADOOURNMENT
There being no further business to come before the City Commission, the workshop
meeting properly adjourned at 7:50 p.m.
'THE CITY OF BOYNTON BEACH
7~ Mayor
Vi ce Mayor
ATTEST:
Ci t~/Cl erk r
g Secretary
(Two Tapes)
~Commissioner
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· General Provi.~ions 3
Sec. 7. Cost assessed for law enforcement
education.
A. The court trying city ordinance violations
shall assess two dollars ($2.00) as additional court
costs against every person convicted for violation of
a municipal ordinance as authorized by Section
943.25 of the Florida Statutes. All such sums shall
be turned over to the finance directOr to be deposited
in a fund as established in B to be known as the law
enforcement education fund.
B. There is hereby established a fund to be
known as the law enforcement education fund. All
funds received by the city from the assessment of
court costs established irt' this section shall be
segregated from all other funds of the city and set
apart by the finance director in a separate fund to be
known and designated as the law enforcement
education fund. Such funds may, from time to time,
in the discretion of the City Commission, be
invested. The interest received .upon such funds and
the principal thei'~of may, upon the request of the
chief of police, be used for law enforcement
education expenditures for the benefit of members of
the city police department. Expenditures shall be
permitted by the city manager, upon approval of the
City Conunission, when authorized in accordance
with law.
Sec. 8. Certain ordinances nOt affected by
Regulation.
Nothing in this Regulation or the ordinance
adopting this Regulation shall be construed to repeal
or otherwise affect the validity of any of the
following when not inconsistent with this Regulation:
A. Any ordinance promising or guaranteeing
the payment of money for the city, or authorizing the
issuance of any bonds of. the city or any evidence of
the city's indebtedness;
B. Any appropriation ordinance or ordinance
providing for the levy of taxes or for a budget;
C. Any ordinance annexing territory to the city
or excluding territory as a part of the city;
D. Any ordinance granting any franchise,
permit or other right;
E. Any ordinance approving, authorizing or
otherwise relating to any contract, agreement, lease,
deed or other instrument;
F. Any administrative ordinance not
inconsistent with this Regulation;
G. Any ordinance dedicating, naming,
establishing, locating, relocating, opening, paving,
widening, vacating or repairing any street or public
way or lawfully established bulkheads or bulkhead
lines;
FI. Any ordinance regulating, restricting or
prohibiting traffic on particular streets or in particular
localities;
I. Any ordinance prescribing the street grades
of any street in the city;
J. Any ordinance providing for local
improvements or malting assessmems therefor;
K. Any ordinance dedicating or accepting any
plat or subdivision in the city;
L. Any ordinance zoning or rezoning specific
property;
M. Any ordinance providing for the
compensation of officers and employees;
N. Any temporary or special ordinance; and all
such ordinances are hereby recognized as continuing
in full force and effect to the same extent as if set out
at length herein.
Sec. 9. Ordinances; city laws and codification.
Ordinances of the City Commission adopted in a
manner provided by law shall constitute the laws of
the city and shall be in full force and effect until
repealed. The City CommiSsion shall have the power
to have the city ordinances Codified, and published in
book form.
4
Boynton Beach Code
In the construction of this Regulation, all provisions
which establish a distance requirement between types
or kinds of businesses or structures shall be construed
in a manner which makes that distance requirement
reciprocal.
Sec. 11. Reserved.
ACCESSORY USE - A use that is customarily
incidental to the principal use and so necessary or
commonly to be expected that it cannot be supposed
that these regulations intended to prevent it.
Accessory uses, unless otherwise provided, shall be
located on the same premises as the principal use.
'~tDEQUATE PUBLIC FACILITIES - Public
facilities available to serve a development project so
as to meet the levels of service and the conditions set
forth in Chapter 1.5.
Sec. 12. Reserved.
Sec. 13. Reserved.
ADEQUATE SCREENING - To conceal from
public view materials on private property with a
structure made of metal, wood or masonry. Said
structure shall meet the requirements of the Standard
Building Code.
ARTICLE II. DEFINITIONS
The words, terms and phrases herein shall be
defined as follows unless otherwise specified in this
ordinance. The word "shall'' is mandatory, the Word
"should" is preferred and the word "may" is
permissive. The singular shall include the plural and
the present tense shall include the future tense and
vice versa.
ABANDONED SIGN Sign which no longer
identifies or advertises a bona fide activity, where the
activity has been abandoned or does not possess a
current occupational license.
ABUTTING PROPERTY - See "Contiguous
Lands."
ACCESS - The principal means of ingress and egress
to a lot from a publicly or privately dedicated right-
of-way.
ACCESS WATERWAYS - A waterway Which is
developed or constructed for the purpose of providing
access by water to lots within a subdivision.
ACCESSORY BUILDING OR STRUCTURE - A
detached, subordinate building~ the use of which is
clearly incidental and related to tha~ of the principal
building or use of the land, and which is located on
the same lot as that of the principal building or use.
ADULT ENTERTAINMENT ESTABLIStIMENT -
A.commercial enterprise which predominately limits
admission to "adults only" owing to the sexual nature
of its merchandise or entertainment. Such
establishments may include, but not be limited to,
adult bookstores, adult theatres, adult lounges, adult
health studios, adult motels or hotels with nude,
bottomless or topless entertainment or employees.
ADVERTISING STRUCTURE (SIGNS) - A sign
structure erected or intended for advertising purposes,
with or without advertisement display thereon,
situated upon or attached to real property.
AISLE - The hard-surfaced lanes in a parking lot
which connect the parking stalls with a public or
private street, alley or interior driveway.
ALLEY - A right-of-way affording secondary access
to property. It is not intended or used for general
traffic circulation.
ALTERATIONS, BUILDING - Any change in the
structure which will increase the number of useable
units, the floor area or height of the structure.
ANIMATED OR FLUTTERING SIGN - A sign
which uses devices to generate movemem by either
mechanical, electrical or natural methods.
ANTIQUE STORE or AUCTION HOUSE - The
use of a building for the retail:sale or auction of
objects of value such as quality antiques, art objects,
1997 S-5
General Provisions
jewelry and the like, but not used merchandise
generally. No outside storage or display shall be
permitted in connection with such uses.
APARTMENT A room or a suite of rooms
occupied, or which is intended or designed to be
occupied, as the home or residence of one (1)
individual, family or household, for housekeeping
purposes.
APARTMENT, EFFICIENCY - A dwelling unit
consisting of one (1) room, other than a bathroom,
and providing cooking facilities.
APPLICANT - See "Developer."
ARCADE - A permanent, roof-like structure open to
the weaaher on one (1) or more sides, constructed of
rigid materials, which is cantilevered from the
building wall, attached to and supported by the
exterior building wall or supported by freestanding
columns or pillars.
ARTERIAL ROAD OR STREET - A route
providing service which is relatively continuous and
of relatively high traffic volume, long average trip
length, high operating speed, and high mobility
importance. In addition, every United States
numbered highway is an arterial road, and every
street shown or described as arterial according to the
current or most recent functional classification
contained in the City of Boynton Beach
Comprehensive Plan, as adopted and amended, is an
arterial.
AUTO PARTS SALES (RETAIL) - Sale of auto
parts from a commercial establishment for installation
and use off-premises.
AUTOMOBILE - An automobile or motorcycle, as
defined by the rules of the Florida Department of
Highway Safety and Motor Vehicles.
is so erected as to permit its being raised to a position
flat against the building when not in use.
BALLOON - A container made of non-rigid material
filled with air or gas and designed to be tethered.
BANNER - A sign having the characters, letters,
illustrations or ornamentations applied to cloth, paper,
film or fabric of any kind, with only such materials
for a backing. Banner shall not include, national,
state, municipal, civic or church flags, awnings or
canopies.
BAR OR COCKTAIL LOUNGE - An establishment
which serves or includes the serving of beer, wine or
liquor to patrons other than in conjunction with the
serving of meals.
BICYCLE PATH - Any road, path or way that is
open to bicycle travel, which road, path or way is
physically separated from motorized vehicular traffic
by an open space or by a barrier and is located either
within the highway right-of-way or within an
independent right-of-way.
BILLBOARD A sign normally mounted on a
building wall or freestanding structure with
advertising copy which refers to something other than
the name and primary character of the business on the
premises or is located on a remote site from service
or site referred to by the sign copy.
BLOCK - A parcel of land surrounded by streets,
waterways, railroad rights-of-way, parks or other
public space.
BOARDING AND ROOMING HOUSE A
building other than hotel or motel providing lodging
and where meals are or are not served for
compensation.
BOATEL - Yachtel.
AUTOMOTIVE SERVICE STATION - The use of
a building or other structure, on a lot or parcel of
land which includes any retail sale of gasoline or
other motor fuels.
AWNING - A structure made of cloth or metal with
a metal frame attached to a building, when the same
BRIDGE - A structure, including supports, erected
over a depression or an obstruction, such as water or
a highway or railway, and having a track or passage-
way for carrying traffic as defined in chapter 316 or
other moving loads.
1997 S-5
6 Boynton Beach Code
BUFFER WALL - A stuccoed and painted masonry
wall or an engineered pre-cast concrete wall used to
physically separate or scre..e.n one use or property
from another so as to visually shield or block noise,
lights or other nuisances. Finish on both sides of
wall must be approved by the Director of Planning
and Zoning.
BUILDING - All construction built for the support,
enclosure, shelter or protection of chattels, persons,
animals or the like. The word "building" shall
include the word "structure" and anything
constructed or erected which requires permanent
location on the ground or anything attached to such
a building or structure. A building or structure shall
include, but not be limited to, all construction
specified in Chapter 2 of the City's Land
Development Regulations.
BUILDING AREA - The portion of a lot remaining
after the required setbacks have been provided.
Buildings may be placed in any part of the building
area, but limitations on the percentage of the lot
which may be covered by buildings may require' open
space within the building area.
BUILDING FACADE - That portion of the exterior
elevations of a building extending from grade to the
top of the parapet wall or eaves and the entire width
of the building elevations.
BUILDING SETBACK LINE - A line delineating
the minimum allowable distance between the property
line and the building.
BUILDING SITE - A portion or Parcel of land
considered as a unit, devoted to a certain use or
occupied by a building or group of buildings that are
united by a common interest or use, and the
customary accessories and open spaces belonging to
the same.
BULK STORAGE, SALE, OR DISTRIBUTION -
The receiving, transfer or storage of unpackaged
goods or materials at a premises, or the subsequent
sale or transfer of such goods or materials from the
premises in a packaged or unpackaged form. Also,
the storage, receiving or transfer of goods,
commodities or materials in units which are larger
than the units which are typically distributed or sold
from the premises. Where bulk storage is not
permitted, all goods, commodities or materials shall
be pre-packaged when received at the premises and
shall be stored, sold and distributed in the same form,
quantity and units as when received at the premises.
BUS BENCH SIGN - A bench or seat with graphics,
symbols and/or copy affixed against any surface.
BUS SHELTER SIGN - Graphics, symbols and/or
copy affixed to any surface of a public transit shelter.
BUILDING FRONTAGE - The main entrance side
of a building or bay.
BUILDING HEIGHT - The vertical distance
between a point on the minimum finished floor as
required by the building code, or that prevailing
minimum elevation established by FEMA and other
agencies, such as the South Florida Water
Management District, and the apex of the highest
roof.
BUILDING OFFICIAL - The official in charge of
the Building Division or his authorized
representative.
BUSINESS OFFICE Any commercial activity
primarily conducted in an office, not involving the
sale of goods or commodities available in an office
and not dispensing personal services, and including
such businesses as real estate brokers, insurance
offices, accountants, credit reporting agencies,
telephone answering services or any similar uses.
CANOPY - A structure, other than an awning, made
of cloth or metal with metal frames attached to a
building, and carried by a frame supported by the
ground, sidewalk or building.
BUILDING, PRINCIPAL - A building in which is
conducted the main or principal use of the lot on
which said building is situated.
1999 S-Il
General Provisions 7
CAPITAL IMPROVEMENTS ELEMENT OR
CIE - The capital improvements element of the
comprehensive plan of the city.
CAR WASH (AUTOMATIC OR SELF
SERVICE) - A building or area which provides
facilities for washing and cleaning motor vehicles,
which may use production line methods with a
conveyor, blower or other mechanical devices, and
which may employ some hand labor.
CARPORT - A roofed area open on one (1), two (2)
or three (3) sides and attached to the main building,
for the storage of one (1) or more vehicles.
CHANGEABLE COPY SIGN - A sign of permanent
character, but with removable letters, words or
numerals, indicating the names or persons associated
with, or events conducted upon, the premises upon
which a sign is erected. This sign may be erected as
a part of a freestanding sign.
CHILD - An unmarried person under the age of
eighteen (18) years.
CITY - The City of Boynton Beach, Florida.
CITY ENGINEER - A Florida registered engineer in
charge of the Boynton Beach Engineering Division.
CENTERLINE - A line midway between the right-
of-way lines or the surveyed and prescribed
centertine established by the director of development
which may or may not be the line midway between
the existing or proposed right-of-way lines.
CERTIFICATE OF OCCUPANCY - A statement
signed by the city development director setting forth
that a building or structure legally comPlies with the
City of Boynton Beach Building and Zoning Codes
and that the same may be used for the purposes stated
therein.
CERTIFICATION OF CONCURRENCY - Shall
constitute proof that public facilities are or will be
available, consistent with the adopted levels of
service and the conditions set forth in Chapter 1.5,
and shall specify the public facilities which are to be
constructed, timing of construction and responsibility
for construction. Certification of concurrency shall
reserve capacity in the public facilities which are
available, until the certification of concurrency
expires.
CERTIFIED DOCUMENTS - Drawings, estimates,
warranties, etc. certified by a Florida registered
architect, engineer and/or land surveyor guaranteeing
that the documents are true, accurate and in
compliance with all applicable laws, rules and
regulations.
CITY STANDARDS Standards adopted by
resolution by the City of Boynton Beach.
CITY STREET SYSTEM - The city street system of
each municipality consists of all local roads within
that municipality, and all collector roads inside that
municipality, which are not in the county road
system.
CLINIC - An establishment where patients, who are
not lodged overnight except for Observation or
emergency treatment, are admitted for examination
and treatment by one (1) person or group of persons
practicing any form of healing or health building
services to individuals, whether such persons be
medical doctors, chiropractors, osteopaths,
chiropodists, naturopaths, optometrists, dentists,
veterinarians or any such profession, the practice of
which is lawful in the State of Florida.
CLUB - Buildings and facilities owned and operated
by a corporation or association of persons for social
or recreational purposes but not operated primarily
for a profit or to render a service which ~s
customarily carried on as a business.
COLLECTOR ROAD OR STREET A route
providing service which is of relatively moderate
average traffic volume, moderately average trip length
and moderately average operating speed. Such a
route also collects and distributes traffic between local
roads or arterial roads and serves as a linkage
between land access and mobility needs. A street
1999 S-11
8 Boynton Beach Code
shown or described as a .collector according to the
current or most recent functional classification
comained in the City... of Boynton Beach
Comprehensive Plan, as adopted and amended, is a
collector street.
COMBUSTIBLE SIGN - Any sign or sign structure
which will ignite or support flames and which has a
low flame point. Prime examples of combustible
signs would be wood, non-U.L, approved
plastics, cloths, etc.
COMMERCIAL TRUCK - A truck defined as such
by the rules of the Florida Department of Highway
Safety and Motor Vehicles.
COMMERCIAL ZONING DISTRICT - All C-I,
C-2, C-3, C-4 and PCD zoning districts.
COMMISSION - The City Commission of the City
of Boymon Beach, Florida.
COMPLETELY ENCLOSED - A building
separated on all sides from the adjacent open area, or
from other buildings or other structures, by a
permanem roof and by exterior walls or party walls,
pierced only by windows or entrances or exit doors
normally provided for the accommodation of persons,
goods or vehicles.
COMPREHENSIVE PLAN - The Comprehensive
Plan of the City of Boynton Beach as adopted and
amended and required by F.S. 163.
CONCEPTUAL FEEDBACK - General reaction to
a thought or idea with the clear understanding that
further development of the thought or idea will be
considered only when it is in conformance with all
codes, ordinances, rules and regulations. Conceptual
feedback neither provides nor implies either presem
or future waivers, variances, exceptions or
exemptions from any codes, ordinances, rules and/or
regulations.
CONCURRENCY The requirement that the
necessary public facilities and services to maintain the
adopted level of service standards are available when
the impacts of development occur.
CONDITIONAL CERTIFICATION OF
CONCURRENCY - Shall mean that there is
reasonable likelihood that the necessary public
facilities would be provided by the developer, a
governmental agency, or by other developers, but that
the conditions set forth herein cannot be met. The
conditional certification of concurrency shall specify
the public facilities which are to be constructed,
timing of construction and responsibility for
construction. A conditional certification of
concurrency shall reserve capacity in the public
facilities which specified as such, until the conditional
certification of concurrency expires.
CONDITIONAL USE - A use that would not be
appropriate generally, or without restriction,
throughout a zoning classification or district. Such
uses however, if controlled as to area, location,
number or relation to the neighborhood, would
promote public appearance, comfort, convenience,
general welfare, good order, health, morals,
prosperity and safety of the city. Such uses may be
allowed in a zoning classification or district as a
conditional use if specific provision for such a
conditional use is made in these zoning regulations.
CONDOMINIUM - See "Property Owners
Association."
CONSTRUCTION PLANS - Certified documents
from which a complete review and analysis can be
made of all required improvements without research
and/or additional data.
CONTIGUOUS LANDS - Lands that abut each other
or are separated only by streets, ways, easements,
pipelines, powerlines, conduits or rights-of-way under
ownership of the petitioner, a governmental agency,
a subdivision or a public or private utility..
CONVENIENCE STORE - Place of business that is
engaged in the retail sale of groceries, including the
sale of prepared foods, and gasoline and services.
The term "convenience store" does not include a
store which is solely or primarily a restaurant.
CONVENTIONAL ZONING DISTRICT All
zoning districts which are not planned zoning
districts.
1999 S-11
General PrOvisi°ns
CORNER - See "Lot.
COST ESTIMATE - A certified estimate of the cost
of surveying, testing,..all required improvements,
supervision, profit and overhead.
COUNTY - The words "the county" or "this county"
shall mean the county of Palm Beach.
COUNTY ROAD SYSTEM The county road
system of each county consists of all collector roads
in_the unipcorporated areas and all extensions of such
collector roads into and through any incorporated
areas, all local roads in the unincorporated areas, and
all urban minor arterial roads not in the State
Highway System.
COVERED WALKWAY AND ARCADE SIGN -
A sign which is perpendicular to the building face
and is suspended from, attached to, supported from
or forms part of, a covered walkway and is rigid.
CROSSWALK - That part of a roadway at an
intersection included within the connections of the
lateral lines of the sidewalks on opposite sides of the
highway, measured from the curbs or, in the absence
of curbs, from the edges of the traversable roadway.
Any portion of a roadway at an intersection or
elsewhere distinctly indicated for pedestrian crossing
by lines or other markings on the surface.
CUL-DE-SAC - A cimular turnaround on a local
street with only one outlet.
CURRENT STANDARDS - Documents, drawings,
specifications, details, laws, rules, regulations,
ordinances and the like in effect on the date an
application or amended application, whichever is
later, is presented for consideration.
CUSTOMARY PLAQUE - A sign identifying the
address, operator's name or activity taking place
within the facility, not to exceed two (2) square feet
in area.
dBA - The total sound level of all noise as measured
with a sound level using A-weighting network. The
unit is decibel based on a reference sound pressure of
.0002 microbars.
DEAD END STREET - A street with only one
outlet.
DEMOLITION Any dismantling, intentional
destruction or remOval of structures, utilities, public
or private right-of-way surfaces or similar property.
DENSITY - An existing or projected relationship
between numbers of dwelling units and land area.
DEPARTMENT OF TRANSPORTATION STATE
STANDARDS - The most recent edition of all state
standards and specifications.
DEPARTMENT STORE - A retail establishment
offering a wide variety of merchandise, and organized
into departments, according to the type of
merchandise sold.
DEVELOPER - Any individual, firm, association,
syndicate, coparmership, corporation, trust or any
other legal entity commencing proceedings under this
ordinance. The term "developer" includes the term
"subdivider".
DEVELOPER'S ENGINEER A professional
engineer, registered in Florida, engaged by the
developer.
DEVELOPMENT - Shall have the meaning given it
in Section 380.04, Florida Statutes, pursuant to a
development order or permit.
DEVELOPMENT AGREEMENT - An agreement
entered into between a local government and a person
in connection with the approval of a development
order or permit including, but not limited to, a
development agreement pursuant to Section 163.3220,
Florida Statutes, or an agreement on a development
order issued pursuant to Section 380.01 et seq.,
Florida Statutes.
DEVELOPMENT ORDER - Any order granting,
denying, or granting with conditions an application
for a development permit. A development order
becomes effective upon approval by the City
Commission and issuance, in writing, by the city
attorney.
1999 S-11
10 . Boynton Beach Code
DEVELOPMENT PERMIT - Any permit for
required improvements, building(s), zoning,
rezoning, plat approval, .ce.r. tification, variance, or
other action having the effect of permitting
commencement of development as defined in Florida
Statutes, Section 380.04, or any other official action
or types of action by the city which, in the judgement
of the city manager, would permit the use or
development of land similar to any of the listed
actions.
DIRECTIONAL SIGNS - (1) On-premises,
incidental signs designed to guide or direct
pedestrians or vehicular traffiC. (2) Signs erected or
permitted by the city, Palm Beach County, State of
Florida or the United States Government or agency
thereof, for the direction or safety of the public. (3)
A sign, notice or symbol as to the time and place of
regular civic meetings and religious services.
DIRECTORY SIGN - A freestanding or flat sign
listing only the name and/or use or location of more
than one (1) business, activity or profession
conducted within a building, group of buildings or
commercial center.
DISTRICT (ZONING) - Any certain described area
of the City of Boynton Beach to which these
regulations apply and within which the zoning
regulations are uniform.
DOUBLE FACED SIGN - A sign with two (2) faces
which are back to back with no more than a forty-
five (45) degree angle between the faces.
DRIVE-IN RESTAURANT - A restaurant which
includes facilities to serve food and beverage to
patrons for consumption by patrons in automobiles on
the premises.
DRIVE-TltRU RESTAURANT - A restaurant
which include.- :acilities to serve food and beverages
to patrons wh,~ are in their automobiles with the
imention of driving away from the property and
consuming their food and beverage elsewhere.
DRIVEWAY - The paved area between a public
street and private property intended to provide ingress
and egress for vehicular traffic from the public street
or thoroughfare to a definite area of private property,
or which connects parking aisles or provides access to
parking aisles.
DWELLING UNIT - A house, apartment, building
or any part thereof used primarily for human
habitation and shall include bath and culinary
accommodations. 1. Single-family dwelling:
A building containing only one (1) single-family
dwelling unit. 2. Multiple-family dwelling: A
building containing two (2) or more dwelling units.
EASEMENT - An interest in land granted for limited
use purpose, but which does not convey title to real
property.
ELECTRICAL SIGN - A sign or sign structure in
which integral electric wiring, connections and/or
fixtures are used and connected to an electric source
and meeting the requirements of the National
Electrical Code.
ELEVATED BUILDING Building without a
basement in which the lowest floor is elevated above
the ground.
ENGINEER, REGISTERED A professional
engineer registered by the State of Florida and trained
in the field of engineering.
ENLARGEMENT OR TO ENLARGE An
enlargement is an addition to the floor area of an
existing building, an increase in the size of any
structure, or an increase in that portion of a tract of
land occupied by an existing use. To enlarge is to
make an enlargement.
ERECT (SIGNS) -To build, construct, attach, hang,
place, suspend or affix, and shall also include the
painting of signs.
EXCAVATION OR EXCAVATING - The removal
of materials from either above or below the water
table and/or the grading, mixing or spreading of
materials.
1999 S-II
General Provisions
11
EXEMPTION DETERMINATION A written
certification by the planning director that a
development order or permit is exempt with respect
to meeting the concurrency requirements for a
particular public facility.
EXPRESSWAY - A street shown or described as
such according to the current or most recent
functional classification contained in the City of
Boynton Beach Comprehensive Plan, as adopted and
amended.
EXTERIOR DISPLAY - Display of merchandise, as
an accessory use in a lawful principal use, outside of
the walls of the building or within any area which is
not fully enclosed by building walls, in such a
manner so as to allow for viewing or inspection of
merchandise by customers.
EXTERIOR STORAGE - The keeping of
merchandise, materials, equipment or supplies, and
the like, outside of the walls of a building or within
any area which is not fully enclosed by building
walls, which is generally not for the purpose of
allowing inspection or viewing by customers.
FABRICATION - The assembly or forming of goods
using finished or semifinished materials, as opposed
to the manufacture of primary materialS.
FACING OR SURFACE - Shall mean the surface of
the sign upon, against or through which the message
is displayed or illustrated on the sign.
FAMILY - One (1) or more persons occupying a
single housekeeping unit and using common cooking
facilities, provided that all such persons shall be
related by blood, marriage or adoption, except that
not more than one (1) person who is not related as
such shall also be permitted to reside in the same
unit. Families who provide care in their own home
as duly state licensed foster family homes, in which
dependent children have been duly placed by the
State of Florida, and which include not more than
five (5) children (both natural and foster) in the
household, are expressly included within this term.
FAMILY DAY CARE - A residence providing day
care services for a number of children which is
limited in accordance with Florida law, and which
shall be construed to be an accessory use to any
dwelling unit located in a residential or PU district, or
in any commercial zoning district, excluding C-4
district.
FESTOONS - Strings of ribbons, lights, tinsel, small
flags, discs, spinners, pinwheels or any device
propelled by natural forces used for the purpose of
attracting attention.
FILL OR FILLING - Placing material removed from
another area on and/or off site.
FIXED PROJECTION SIGN - A sign, other than a
flat sign, which extends outward for more than
eighteen (18) inches from the facade of any building
and is rigidly affixed thereto.
FLAG - A piece of cloth used as the national, state,
municipal, civic or church symbol, registered
corporate logo, or internationally recognized symbol.
properly displayed in accordance with published
federal, state, municipal, civic or church adopted
guidelines and displayed on a designated pole located
in a proper holder or in other ways approved by an
appropriate national, state, municipal, civic or church
agency. The maximum allowed is two (2) different
flags per pole and only one (1) pole per lot or bay
frontage.
FLASHING SIGN - A sign, either fixed or portable,
which uses or contains intermittent or a sequential
flashing light source with the exception of a time or
temperature sign or Dow Jones average sign which is
part of a permitted commercial sign.
FLAT SIGN A sign erected parallel to, and
extending not more than eighteen (18) inches from,
the facade of any building to which it ks attached and
supported throughout its entire length by the facade of
the building and not extending above or beyond the
building.
FLOOR AREA, MINIMUM - The area of the floor
or floors measured from the centerline of the exterior
walls to the centerline of dividing walls. The area for
1999 S-11
12 Boynton Beach Code
garages, roofed-over screened porches and utility
rooms shall be credited for fifty (50) percent of floor
area. Open porches and carports shall be credited
with twenty-five (25) percent of floor area.
Accessory buildings shall not count as floor area if
not accessible from the interior of the building~ Not
more than ten (10) percent of any minimum floor
area shall be credited to screened-in porches or
breezeways.
FOSTER CHILD - A child in foster care who has
been placed in a foster home by the State of Florida.
FOSTER HOME OR FOSTER CARE, FOR
CHILDREN - A family foster home as defined by
Section 409.175, Florida Statutes, and which
conforms to the definition of "family."
FREESTANDING SIGN - A pylon or ground-
mounted sign which is supported by one (1) or more
columns, uprights or braces in or upon the ground
and identifying the use of the property upon which it
is placed.
FRONTAGE STREET
Street."
See "Marginal Access
FUNCTIONAL CLASSIFICATION The
assignment of roads into systems according to the
character of service they provide in relation to the
total road network. Basic functional categories
include arterial roads, collector roads and local roads
which may be subdivided into principal, major or
minor levels. Those levels may be additionally
divided into rural and urban categories.
FURNITURE MANUFACTURING - Manufacturing
of furniture, cabinets, wooden vanities, household
goods and ornaments from wood; also, furniture
repair, refinishing and reupholstering.
GARAGE, PUBLIC PARKING- A building or
other structure which provides parking or storage for
motor vehicles.
GASOLINE DISPENSING ESTABLISHMENTS -
Commercial enterprise, including automotive service
stations and convenience stores, which engage in the
sale or other motor fuels to the public.
GENERAL DEVELOPMENT PLAN - The official
public document adopted by the City of Boynton
Beach as a policy guide to present and future land use
decisions.
GOVERNMENT - Any direct agency of any federal,
state, county or city government, including schools
and the U.S. Postal Service.
GOVERNMENT SIGN Any temporary or
permanent sign erected and maintained by the city,
county, state or federal government or any of their
legal entities.
GRADE, FINISHED - The average level of the
finished surface of the ground adjacent to the exterior
walls of the structure.
GRADE SEPARATED INTERSECTIONS - Use of
the term grade separated intersections shall mean any
intersection wherein one road passes over another
road by means of a bridge or an overpass.
GROSS FLOOR AREA - The total floor area of a
building or a use occupying part of a building,
measured from centerlines of partitions and exterior
of outside walls. Gross floor area shall include all
floor area occupied by the main or principal use, plus
any floor area occupied by accessory uses such as
storage rooms, maintenance and mechanical rooms,
offices, lounges, restrooms, lobbies, basements,
mezzanines and hallways.
GROUND SIGN - Any sign, other than a pole sign,
in which the entire bottom is in contact with or is
close to the ground and is independent of any other
s[ruclllre.
GROUNDWATER - Water occurring beneath the
surface of the ground, whether or not flowing through
known or definite channels.
HAZARDOUS MATERIAL Any substance or
material which has been determined by the secretary
of the United States Department of Transportation to
be capable of imposing an unreasonable risk to health,
safety and property. This term includes hazardous
waste as defined in s. 403.703(21).
1999 S-II
General Provisions 12A
HEIGHT (SIGN) - The vertical dimension measured
from the highest point of the sign to the mean surface
grade surrounding the bottom of the sign.
HOME OCCUPATION - Any occupation in
connection with which there is kept no stock in trade
nor commodity sold upon the premises, no person
employed other than a member of the immediate
family residing upon the premises,, and no mechanical
equipment used except such as is permissible for
purely domestic or household purposes.
HOTEL Any building containing principally
sleeping rooms in which transient guests are lodged
1999 S-11
12B Boynton Beach Code
General Provisions 13
with or without meals, with no provision made for
cooking in any individual room or suite and having
or not having one (1) or more dining rooms,
restaurants or cafes as accessory uses. Such building
would structurally and for purposes of safety be
obliged to conform to the laws of the hotel and
restaurant commission (Division of Hotels and
Restaurants of the Departrnem of Business
Regulation).
HOTEL APARTMENT Any hotel building
containing a mixture of sleeping rooms and apartment
suites for tramient guests only, and which shall not
serve as the primary or permanent residence of the
occupants. Buildings designed as hotel aparunents
shall have not more than one-third of the total units
devoted to apartment suites. Dining rooms and
lounges shall be permitted as accessory uses. Hotel
apartment suites shall have a minimum gross floor
area of five hundred (500) square feet.
HOUSE EAVES-- a nonstructural portion of any
building or structure extending beyond the vertical
plane of the foundation.
HOUSE TRAILER - (a) A trailer or semitrailer
which is designed, constructed and equipped as a
dwelling place, living abode or sleeping place (either
permanently or temporarily) and is equipped for use
as a conveyance on streets and highways, Co) or a
trailer or semitrailer the chassis and exterior shell of
which is designed and constructed for use as a house
trailer, as defined in paragraph (a), but which is used
instead, permanently or temporarily, for the
advertising, sales, display or promotion of
merchandise or services or for any other commercial
purpose except the transportation of property for hire
or the transportation of property for distribution by a
private carrier.
HOUSEHOLD - all persons who occupy a dwelling
unit. A person living alone or any group of persons
sharing a dwelling unit is a household.
IDENTIFICATION SIGN - A non-illuminated sign
affixed to the rear of a building bearing the business
name and/or address of the occupant, with an area
not exceeding three (3) square feet.
ILLUMINATED SIGN Any sign which has
characters, letters, figures, designs or outiine
illuminated by electric lights or luminous tubes a,,, a
part of the sign proper.
IMPACT FEE - A land development regulatory fee
charged to new developmem which creates a need. for
capital improvement&
INCOMBUSTIBLE MATERIAL - Any material
which will not ignite at or below a temperature of one
thousand two hundred (1,200) degrees Fahrenheit and
will not continue to burn or glow at that temperature.
INSPECTOR - A city employee working as an
inspector under the authority and direction of the
director of development or his designee.
INTER/M SERVICES FEE - User charge applicable
to structures certified for occupancy by the city
development department but not appearing on the
Palm Beach County tax rolls as an improvement to
real property.
INTERSECTION - See F.S. 316.003.
INUNDATION - Moving, standing or ponded water
which is a nuisance, hazard or health problem.
JUNKYARD - An open area where waste, used or
secondhand materials are bought, sold, exchanged,
stored, baled, packed or disassembled, including, but
not limited to, scrap iron and other metals and' waste
materials. A junkyard includes an automobile
wrecking yard and secondhand automotive parts yard.
LAND DEVELOPMENT PERMIT - A permit
issued by the Director of Development prior to
commencement of construction of required
improvements after final plat approval by the City.
LAUNDRY AND DRY CLEANING, SELF-
SERVICE - A business that provides home-type
washing, drying, dry cleaning and/or ironing
machines for hire, to be used by customers on the
premises.
LEGAL ACCESS - A dedicated and recorded right-
of-way, or easement, excluding utility or drainage
1997 S-5
14 Boyfl~on Beach Code
easements, affording;perpetual, ingress and egress
from a subject property to a public thorougttfare.
LEVEL OF SERVICE - The extent or degree of
service provided by or proposed to be provided by a
public facility, based on and related to the operational
characteristics of the public facility.
LIMITED ACCESS - A highway or freeway which
does not permit access except at authorized and
controlled points. The acquisition of right-of-way for
such highways or freeways usually includes the
acquisition of access rights thereto. Access may also
be limited through methods other than acquisition of
access rights.
LIMITED ACCESS EASEMENT - A strip of land
which does not permit access except at authorized
and controlled points.
LOADING SPACE - Accommodations off the street
for loading onto and unloading from trucks, in the
form of one (1) or more truck berths located either
within a building or in an open area on the same lot.
LOCAL STREET - A street shown or described as
such according to the current or most recent
functional classification contained in the City of
Boynton Beach Comprehensive Plan, as adopted and
amended.
LOGO - A symbol of a company or business.
LOT - Is either: 1. A lot of record as part of a land
subdiVision, recorded in the office of the clerk of the
circuit court of Palm Beach County, and existing on
the effective date of these regulations, or any
applicable subsequent amendment thereto, or 2. A
tract of land under a unity of title document or a tract
of land, either un.subdivided or consisting of abutting
lots of record which on the effective date of these
regulations or any applicable Subsequent amendment
thereto, was in one ownership, or 3. A tract of
land, which at the time of filing for a building permit
is designated by its owner or developer as a tract all
of which is to be used, developed or built upon as a
unit under one ownership.
LOT AREA - The total area included within lot
lines.
LOT, CORNER - Either a lot bounded entirely by
streets or a lot which adjoins the point of intersection
of two (2) or more streets.
LOT COVERAGE - That portion of the area of a
lot, expressed as a percentage, occupied by all
buildings or structures which are roofed or otherwise
covered and that extend more than three (3) feet
above the surface ground level.
LOT DEPTH - The length of a straight line drawn
from the midpoint of the front property line of the lot
to the midpoint of the rear property line of the lot.
LOT FRONTAGE - The property line adjacent to a
public or private street; it is also the front property
line.
LOT INTERIOR - Any lot that is neither a comer
lot nor a through lot.
LOT, THROUGH (DOUBLE FRONTAGE)- Any
lot, not a comer lot, having both the front and rear
property lines adjacent to a public street.
LOT, WIDTH - The distance between the side lot
lines measured at right angles to the lot depth at a
point between the front and rear property lines.
LUMBER STORES, BUILDING MATERIALS
STORES, AND LUMBER YARDS - Sale of lumber
and other building materials, including cutting of
finished lumber products to length or size for sale on
premises.
MAJOR DRIVEWAY - A main ingress or egress to
a public street from the site of any development
generating more than 1,000 vehicular trips per 24
hour day or more than 250 trips in any single hour
including, but not limited to, a shopping center,
multiple-family development, industrial park, hospital
or any other use.
MAJOR REPAIRS - They shall include complete
engine overhaul and/or replacement of internal pans
of engines. Also included is repair of any portion of
1997 S-5
15
the drive mechanism, body'and fender work, painting
and customizing.
MAJOR THOROUGHFARES - A main traffic
artery connecting two (2) or more municipalities.
MALL - A single building, enclosing a number ~f
tenants and occupancies wherein two (2) or more
tenants have an entrance into an enclosed, roofed
over area designed as a pedestrian public way.
MARINA - A facility designed to provide a variety
of accommodations and services for local or transiem
boaters, such as fueling, dockage, retail sales of
marine supplies, equipment, boats, motors and
trailers, wet or dry storage, hauling, making minor
repairs or alterations; the latter while in wet or dry
storage. Where possible, all repairs, especially major
repairs, will be accomplished within an enclosed or
three-quarter enclosed building.
MASTER PLAN - A drawing which shows the
intended division of and improvements on real
property.
MASTER STORM WATER MANAGEMENT
PLAN - Documents outlining proposed primary and
secondary drainage and storm water treatment
facilities.
MATERIAL (FILL) Sand, clay, rock, muck,
gravel, loam or like materials existing or hauled to
the site.
MILLWORK - Manufacturing of lumber and wood
patterns, stock and workings, including, but not
limited to, manufacturing of wooden flooring,
shingles, doors, windows, frames, trusses, stairs and
other fabricated structures; veneer, plywood and
railings, wood pallets and containers, wood buildings
and turned or shaped wood products.
MINING - Removal of materials from a site in
quantities exceeding what is physically necessary to
develop the site. Mining is prohibited in the City of
Boynton Beach.
MINOR REPAIRS - They shall include engine
tune=up, carburetor repairs, wheel=balancing and
1997 S-5
replacement and/or repair of external pans of
engines.
MOBII.R HOME A manufactured detached,
transportable, single family dwelling unit designed for
long term occupancy and arriving at the site where it
is to be occupied'as a complete dwelling unit,
containing all conveniences and facilities, with
plumbing and electrical connections provided for
attachment to approved utility systems. To retain
mobility, undercarriage and axles must remain
attached to the unit.
MOBILE HOME SUBDMSION (PARK) A
subdivision of land for the sale of mobile home lots.
MOTEL - A building or group of buildings which
contains sleeping accommodations for transient
occupancy, and has individual entrances to serve such
sleeping units. No provisions shall be made for
cooking in any individual room. Motels may have
one or more dining rooms, restaurants or !ounges as
accessory uses.
MOT]gL APAR~ - Any motel building
containing a mixture of sleeping rooms and apartment
suites for transient guests only, and which shall not
serve as the primary or permanent residence of the
occupants. Buildings designed as motel apartments
shall have not more than one-third of the total units
devoted to apartment suites. Dining rooms and
lounges shall be permitted as accessory uses. Motel
apartment suites shall have a minimum gross floor
area of five hundred (:500) square feet.
MULTIFAMILY DWELLING - A building or other
shelter that has been divided into separate units to
house more than one (1) family.
NURSERY SCHOOL AND/OR PRESCHOOL
FACILITIF..q - A supervised training and/or
socializing center for children.
NURSING HOME OR CONVALESCENT HOME
- A residential facility which is included under the
definition of 'nursing home facility", "facility', or
'related health care facility home' as set forth in
Chapter 400, Pan I, Florida Statutes, except that this
definition shall apply to facilities of any capacity.
16
Boynton Beach Code
OCCUPATIONAL LICENSE.. A license to operate
a business, profession, occupation or other operation
within the city limits, which is issued in accordance
with Chapter 13 of the City of Boynton Beach Code
of Ordinances.
OFF-PREb~SES SIGN - A sign advertising an
establishment, merchandise, service or entertainment,
which is sold, produced, manufactured and/or
furnished, at a place other than the property on which
said sign is located.
OFF-PREMISES STORAGE - Storage which is not
located on the same parcel as the principal use to
which such storage is an accessory use.
ON-PREMISES - At the place of business of a
particular use, including the entire lot or parcel and
any structure thereon, as opposed to on the
customer's preafises.
ON-PREMISES SIGN - A sign or sign device,
indicating the business transacted, services rendered,
goods sold or produced on the premises, including
the name of the business, person, firm or corporation
occupying the premises. Such sign shall be located
where the use, for which the sign is identifyin~ or
advertising, is located.
OPEN SPACE - A required exterior open area clear
from the ground to the sky devoid of residential and
commercial buildings, and accessory structures.
OUTFALL A pipe which discharges treated
stormwater into waterways.
OWNER - That person or legal entity reflected on
the public records of Palm Beach County as the
owner of real property upon which a structure has
been completed.
PAINTED WALL SIGN - A sign painted on any
exterior surface of the building or structure, including
the roof.
PARAPET - A false front and/or wall extension
above the roof line.
PARAPET SIGN - A sign placed completely on the
face of the parapet.
PARK - A park, reservation, playground, beach,
recreation, center or any other area in the city,
owned, or used by the city, and devoted to active or
passive recreation.
PAdlKING LOT - Any outdoor or partially enclosed
or enclosed space, plot, yard or any portion, thereof,
which is utilized for the parking or storage of
vehicles, upon which two (2) or more parking stalls
are constructed. (Parking facilities designed for
detached single-family homes or duplex units with a
maximum of four parldng stalls are exempted from
this del'tuition.)
PARKING SPACE - A surfaced area, enclosed or
unenclosed, sufficient in size to store one automobile,
together with a driveway connecting the parking space
with a street or' alley and permitting ingress and
egress of an~ automobile.
PARKING STALL - A surfaced area, enclosed or
unenclosed, sufficient in size to store one automobile
with a minimum width of nine (9) feet and a
minimum length of eighteen (18) feet.
PAWN SHOP - A shop where money is lent in
exchange for personal property left as security.
PEAK SEASON POPULATION - The year-round
population of the city, Palm Beach County, the-
development project, or other portion of the city or
county, as the context may require, using the
methodology set forth in the comprehensive plan
support documents.
PERIMETER - The entire outer boundary of the
sign, not including the supporting structural members.
PERSON - Any natural person, firm, coparmership,
association or corporation.
PLANNED COMMERC~ DEVELOPMENT -
Land under unified control, planned and developed as
a whole in a single development operation or a
progranuned series of development operations for
commercial buildings and related uses and facilities;
1998 S-8
~eneFa] l~Ovisiom
17
provides for a commercial district of efficient and
harmonious design so arranged as to create an
attractive project readily integrated with and having
no adverse effect on adjoining or surrounding areas
and developments; is developed according to
comprehemive a.nd detailed plans for streets, utilities,
lots, building sites, etc., and site plans, floor plans
and elevations for all buildings intended to be
located, constructed, used and related to one another,
and detailed plans for other uses and improvements
on the land related to the buildings; and includes a
program, for full provision, maintenance and
operation of such areas, improvements, facilities and
services for common use by the occupants of the
planned commercial development.
plans and elevations for all buildings except for single
family homes intended to be located, constructed,
used and related to one another, and detailed plans for
other uses and improvements on the land related to
the buildings; includes a program for full provision,
maintenance and operation of such areas,
improvements, facilities and unit development, but
will not be provided, operated or maintained at public
expense.
PLANNED ZONING DISTRICT - A zoning district
in which the zoning of the properly to same is
accompanied by and conditioned upon an approved
master plan for the use and/or development of the
property.
PLANNED INDUSTRIAL DEVELOPMENT
Land under unified control, planned and developed as
a whole in a single development operation or an
approved programmed series of development
operations for industrial buildings and related uses
and facilities; provides for an industrial district of
efficient and harmonious design so arranged as to
create an attractive project readily integrated with and
having no adverse effect on adjoining or surrounding
areas and developments; is developed according to
comprehensive and detailed plans for streets, utilities,
lots, building sites, etc. and site plans, floor plans
and elevations for all buildings intended to be
located, constructed, used and related to one another,
and detailed plans for other uses and improvements
on the land related to the buildings; and includes a
program for full provision, maintenance and
operation of such areas, improvements, facilities and
services for common use by the occupants of the
PID, but will not be provided, operated or maintained
at public expense.
PLANNED UNIT DEVELOPbtT~NT - Land under
unified control, planned and developed as a whole in
a single development operation or an approved
programmed series of development operations for
dwelling units and related uses and facilities; includes
principal and accessory uses and structures
substantially related to the character of the
development itself and the surrounding area of which
it is a part; is developed according to comprehensive
and detailed plans which include streets, utilities,
lots, building sites and the like and site plans, floor
PLAT - A map depicting the division or subdivision
of land into lots, blocks, parcels, tracts or other
portions in accordance with Chapter 177, Florida
Statutes, as amended.
PLAT, FINAL - A finished map of a subdivision
accurately showing all legal requirements of Chapter
177 F.S. and the requirements of this ordinance.
PLAT OF RECORD - A recorded final plat.
PLUMBING - Includes all of the following supplied
facilities and equipment: Gas pipes, gas-burning
equipment, water pipes, garbage disposal units, waste
pipes, toilets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing
machines, catch basins, drains, vents and any other
similar supplied fixtures, together with all connections
to water, sewer or gas lines.
POLITICAL SIGN - A sign erected by a political
candidate, group or agent thereof, for political
purposes.
PRF, MISF~ - A parcel of land comprised of one (1)
or more 10ts for which a site plan has been approved,
if required, by the appropriate governmental body.
If site plan approval is not required, the word
"premises," for the purpose of these regulations, shall
mean a parcel of land, with its appurtenances and
buildings, comprised of one (1) or more lots having
unity of use.
1998 S-8
18 Boynton Beach Code
P~VATION - The perpetual maintemn~ of
areas in their original state.
PRIVATE COMMUNITY ANTENNA SYSTEM -
A system of equipment designed to receive and
distribute television and radio signals serving a
minimum of ten (10) residential units in a
condominium or nonprofit homeowners' association.
PROPERTY OWNERS' ASSOCIATION - An
organization operated under recorded maintenance
and ownership agreements made up of every owner
of a portion of a subdivision. Each owner is
automatically a voting member and subject to a
prorated share of the common 'property maintenance
costs. A property owners' association, as used in this
ordinance, is synonymous with homeowners'
association and/or condominium association as
defined in Chapter 711, Florida Statutes, 1971, as
amended.
PUBLIC FACILITIF~__ - Capital facilities for water,
sewer, drainage, solid waste, parks, recreation and
wads, for which levels of service have been
established in the comprehensive plan.
PUBLIC RIGHT-OF-WAY - The land which is
'dedicated for pedestrian or automotive traffic or
which is dedicated for access to utilities and is, or is
intended to be, permanently open for these uses.
PUBLIC UTILITY - Every person, corporation,
partnership or association or other legal entity, their
lessees, trustees or receivers now or hereafter, either
owning, operating, managing or controlling a system
or proposing construction of a system that is
providing or proposes to provide water or sewer
service, electricity, natural or manufactured gas, or
any similar gaseous substance, telephone, telegraph
or cable TV service to the public for compensation.
PYLON SIGN - A sign that is mounted on a
freestanding pole(s) or other freestanding support so
that the bottom edge of the sign face is six feet or
more above grade.
READER BOARD SIGN - See "Changeable Copy
Sign.'
REAL ESTATE SXGN - Any sign erected by an
owner, or his agent, advertising the real property
upon which the sign is located as for rent or sale.
Such sign shall not include rooming house signs.
REAL PROPERTY - The portion of the land or
buildings contained in a legal description setting forth
the boundaries of such property and legally
acknowledged under the laws of the State of Florida
and Palm Beach County.
RECLAMATION - The filling, backfilling,
restructuring, reshaping and/or revegetation within
and around a land excavation or filling area to a safe
and aesthetic condition.
RECREATION VEHICLE - A travel trailer, camp
trailer, chassis mount caner or motor home, as
defined by the rules of the Florida Department of
Highway Safety and Motor Vehicles.
RECREATIONAL FACILrrY - Any building or
structure designated for recreational purposes such as
games, sports, etc. and including adjacent property
included for such use.
RESIDENT POPULATION - The year-round
populatiOn of the city, Palm Beach County, the
development project, or other portion of the city or
county, as the context may require, using the
methodolo/y set forth in the comprehensive plan
support documents.
RESIDENTIAL ZON/NG DISTRICT - All
R-lA,AA, R-lA,AB, R-1AA, R-lA, R-l, R-2 and R-3
zoning districts, and those planned unit developments
where the predominant land use on the approved
master plan is residential.
RESTAURANT - A commercial use containing all
necessary equipment and supplies for serving full
course meals on a regular basis; however, any
restaurant granted an alcoholic beverage license must
receive at least one-half (1/2) of its gross proceeds
from the sale of food and not alcoholic beverages.
Additionally, no restaurant shall be permitted to sell
alcoholic beverages for off-premises consumption or
to operate a package store at the same location.
1998 S-8
~eFal lh'ovi~ions
19
RETAIL - The sale of goods only to household
consumers, or office or professional equipment and
supplies, for use in offices or any other sale in the
form of personal properD'.
REZON'ING - The legal process by which changes
are made to the boundary or boundaries of a zoning
district(s) or where a new boundary or boundaries are
established for a zoning district(s). This process is
known herein as a district boundary change.
RIGHT-OF-WAY - A strip of land dedicated or
deeded in perpetuity to the public or a property
owners association.
ROADWAY - That portion of a highway improved,
designed or ordinarily used for vehicular travel,
exclusive of the berm or shoulder. In the event a
highway includes two or more separate roadways, the
term "roadway" as used herein refers to any such
roadway separately, but not to all such roadways
collectively. - -
ROOF SIGN - A sign erected upon or above a roof
of a building, or above or partially above a parapet of
a building.
RUNOFF - Precipitation discharge into waterways.
The water that flows off the surface of the land
without sinking into the soil is called surface runoff.
Water that enters the soil before reaching waterways
is called groundwater runoff or seepage flow from
groundwater.
SAFETY SIGN/WARNING SIGN - A D.O.T.
approved sign erected to identify a special safety or
warning message relating to that particular location or
SALE OF GOODS - Sale, rental or leasing of
goods.
SELF SERVICE STORAGE FACILITY (MINI-
WAREHOUSES) - An enclosed swrage facility of a
commercial nature containing independent, fully
enclosed bays which are leased to persons exclusively
for dead storage of their household goods, personal
property, or records for commercial businesses.
Except as otherwise allowed by Section 11.0 Self
Service Storage Facilities (Mini-warehouses) of the
Zoning Code, storage bays shall not be used to
manufacture, fabricate or process service or repair
vehicles, boats, small engines or electrical equipment,
or to conduct similar repair activities; conduct garage
sales or retail sales of any kind; or conduct any other
commercial or industrial activity on the site.
SETBACK - A line running a certain distance back
from and parallel to the base, front, side or rear
property line which provided the separation wherein
no building, structure or portion thereof shall be
permitted, erected, constructed or placed unless
specifically permitted by the Code.
SEWERAGE SYSTEM, CENTRAL - A system of
pipes, pumps, tanks, etc. for the collection and
disposal of sewage, in accordance with the
requirements of requisite government agencies.
SEWERAGE SYSTEM, INDIVIDUAL Pipes,
tanks and subsurface absorption field, or other
approved treatment device, for handling and disposing
of sewage wastes for a single user.
SHOPPING CENTER - A group of retail
commercial and/or service establishments planned,
developed, managed and operated as a unit.
SIDEWALK OR SANDWICH SIGN - A moveable
sign not secured or attached to the ground.
SIGHT DISTANCE - The minimum extent of
unobstructed vision in a horizontal and vertical plane.
SIGN - Every billboard, ground sign, wall sign, roof
sign, illuminated sign, projecting sign, temporary
sign, marquee, awning and canopy, and shall include
any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or
promote the business or other interests of any person
or entity when placed out of doors in view of the
general public.
SIGN, AREA OF - The area enclosed by the
perimeter of the signincluding all background
material, panel, trim and color that differentiates the
sign from the building, structure or object to which
the sign is attached. If the sign is composed of
1998 S-9
Boynton Beach Code
individual letters or symbols USing the wall as the
background with no added decoration, the area is the
sum of the areas of the snullest contiguous rectangles
containing a letter, symbol or continuous line or lines
of advertising matter. Note: Double faced signs are
calculated as single faced until there is more than a
forty-five (45) degree angle between faces.
SIGN CONTRACTOR, ELECTRICAL - A person
licensed to install, repair, alter, add to or change, any
electrical wires, apparatus, raceways, conduit or any
part thereof on electrical signs and is qualified to
erect signs and connect to an existing sign circuit.
SIGN CONTRACTOR, NON-ELECTRICAL - A
person licensed by the city to install, repair, add to,
paint or change non-electrical signs.
SIGN FACE - The part of the sign that is or can be
used for advertising purposes.
SITE PLAN FOR BUILDING PERMITTING -
Drawings showing the location of the proposed
building or structure and of every existing building or
structure on the site or lot and other documents
required by the director of development.
SITE PIAN FOR DEVELOPMENT OR
REDEVELOPMENT - The development plan for
one or more lots submitted in compliance with
Chapter 4 including, but not limited to, requirements
of Section 7 therein.
SNIPE SIGN - A sign of a temporary nature which
is mounted to stakes or other objects, which is
utilized to advertise or display matter.
SPECIAL EVENT SIGN - A sign which carries a
message regarding a special event or fimction which
is of general interest to the community and sponsored
by a not-for-profit civic, religious, school or
governmental organization.
SPECIAL MOBXLE EQUIPMENT - Vehicles
defined as such by Section 316.003, Florida Statutes.
START OF CONSTRUCTION (for other than new
construction or substantial improvements under
the CoasUd Barrier Resources Ac~ (P.L. 97.~,8), -
The date a building permit is issued, provided the
actual start of construction, repair, reconstruction or
improvement is within one hundred eighty (180) days
of the permit date. The actual start means the first
placement of permanent construction (including a
manufactured home) on a site, such as the pouring of
slabs or footings, installation of piles, construction of
columns or any work beyond excavation or placement
of a manufactured home on a foundation. Permanent
construction excludes land preparation such as
clearing, grading and filling; installation of streets
and/or walkways; excavation for a basement,
footings, piers or foundations or the erection of
temporary forms; installation on the properv] of
accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main
siructure.
STATE ROAD - Any highway designated ~ a state-
maintained road by the Department of Transportation.
STATE STANDARDS - See 'Deparunent. of
Transportation State Standards."
STORAGE OF HOUSEHOLD GOODS - The
storage of goods by individual households of their
household possessions, and excluding storage of
inflammable, explosive, toxic or hazardous materials.
STORAGE, OPEN - The safekeeping of any goods'
or products in an unoccupied space open to the sky
for eventual removal not expected within seventy-two
(72) hours or for continuous replacement by same or
similar goods or products.
STORM DRAINAGE - A system sufficient to
prevent inundation resulting from a three-year storm
which conveys storm waters to publicly dedicated and
maintained drainage canals or natural waterways
acceptable to the agency having jurisdiction or an.
alternate proposal approved by the director of
development.
STORMWATER - The flow of water which results
from a rainfall event.
1998 S-8
General Provisions
21
STR~T - A public or private strip of land which
affords a principal means of access to abutting
property. The word street is synonymous with road,
avenue, boulevard, lane, place.
STREET, ARTERIAL - A route providing seryjce
which is relatively continuous and of relatively high
traffic volume, long average trip length, generally
higher operating speed, and high mobility
importance. In addition, all United States numbered
highways shall be arterial roads.
STRUCTUR~ - Any building or improvement, for'
which a certificate of occupancy is required,
constructed upon real property located within the
municipal limits of the city.
SUBDMSION - The division of a parcel of land
into two (2) or more lots or parcels, either by plat
into lots and blocks or by metes and bounds
description, for the purpose of transfer of ownership
or development or, if a new street is involved, by
division of a parcel of land.
STREET, COLLECTOR A route providing
service which is of relatively moderate average traffic
volume, moderately average trip length, and
moderately average operating speed. These routes
also collect and distribute traffic between local roads
or arterial roads and serve as a linkage between land
access and mobility needs.'
STREET FRONTAGE - The property line adjacent
to a public or private street.
STREET, LOCAL - A route providing service
which is of relatively low average traffic volume,
short average trip length or minimal through=traffic
movements, and high land access for abutting
property.
SUBSTANTIAL IM~PRO~NT - Any repair,
reconstruction or improvement of a structure, the cost
of which equals or exceeds fifty (50) per cent of the
market value of the structure before the improvement
or repair is started, or if the structure has been
damaged and is being restored, before the damage
occurred. Substantial improvement occurs when the
first alteration of any wall, ceiling, floor or other
structural part of the building commences, whether or
not that alteration affects the external dimensions of
the structure. The term does not include any project
for improvement of a structure to comply with
existing state or local health, sanitary or safety codes,
or alteration of a structure listed on the National
Register of Historic Places or a state inventory of
historic places.
STREET, MARGINAL ACCESS - A street parallel
and adjacent to an expressway, arterial street or
limited access street or in the immediate vicinity of
such streets utilized primarily for relieving such
streets from local service of abutting property by
providing protection from conflicts with through
traffic. Also called a frontage street.
SURETY - An irrevocable surety guaranteeing that
all required surveying and construction improvements
will be completed in full accord with approved
documents and all conditions attached thereto.
SURFACE WATERS - All waterways and associated
wetlands that hold or transport water on the ground.
STREET, MINOR - See "Local Street.
SURVEYOR - A surveyor registered in Florida.
STREET, PRIVATI~ - Any street not dedicated to
the public.
STREET, PUBLIC - Any street dedicated to the
public and accepted for ownership and maintenance
by the City Commission.
STRUCTURAL TRIM - Shall mean the molding,
battens, cappings, nailing strips, latticing and
platforms which are attached to the sign structure.
SWIMi~ING POOL - Any confined body of water,
located either above or below the existing finished
level of the site, exceeding two (2) feet in depth,
designed, used or intended to be used for swimming
or recreational purposes.
TECItNICAL REVIEW COMMITTEE (TRC) - A
committee consisting of the director of development,
the fire chief, the police chief, the director of utilities,
1998 S-8
22
Boynton Beach ~ode
the director of public Works, the-recreation and parks
director and the director of planning, or their duly
authorized representatives.
TEMPORARY BUSINESS IDENTIFICATION
SIGN A non-permanent, on-premise sign
identifying a business location.
TEMPORARY CONSTRUCTION SIGN - A sign
identifying the owners, contractors, receivers, lenders
and suppliers on the property where the sign is
located during the construction period. Such sign
may not be permitted prior to the issuance of a valid
building permit for the specific site and must be
removed within ten (10) days.after the building
THOROUGHFARE PLAN - The plan of present
and future streets adopted by the City of Boymon
Beach.
~ SHARING HOTEL - The term shall include,
but shall not be limited to, any building or pan
thereof in which the right of use or occupancy of any
unit circulates among various occupants for specific
periods of time less than a full year during any given
year but not necessarily for consecutive years in
accordance with a fixed time schedule on a
periodically recurring basis extending for more than
one year. The determination that a building, or pan
thereof, is a time sharing hotel shall be made without
regard to the form of ownership of the property or of
the units therein and shall be immaterial whether the
right of use or occupancy is derived from a leasehold
of fee interest.
TRAFFIC - Pedestrians, ridden or herded animals,
and vehicles, streetcars and other conveyances either
single or together while using any street or highway
for purposes of travel.
TRAFFIC CONTROL DEVICES - Any mechanism
used to regulate traffic, such u pavement striping,
signs, etc. as specified in the D.O.T. Manual on
Uniform Traffic Control Devices (M.U.T.C.D.),
excluding any mechanical or electrical device such as
traffic lights.
TRAFFIC CONTROL SIGNAL - Any device,
whether manually, electrically or mechanically
operated by which traffic is alternately directed to
stop and permitted to proceed.
TRAFFIC IMPACT ANALYSIS - A traffic
statement prepared by a professional engineer
competent in traffic engineering registered in the State
of Florida. Such analysis should address at a
minimum, daily and peak hour movements, turn lanes
requited, signalization, capacity of the street system
and interior driveway lengttm.
TRA.U.,ER - Any vehicle with or without motive
power, other than a pole trailer, designed for carrying
persons or property and for being drawn by a motor
vehicle.
TRUCKING, TRANSFER, OR MOVING
OPERATION - A use where trucking, transfer of
goods or the moving of goods or property is the
principal use, and where the use involves the use of
such vehicles as are referred to in Section 14-3(a) of
the City of Boynton Beach Ordinances.
TRUCKS, BUSES, FARM EQUIPMENT, OR
FARM MACHINERY - STORAGE, PARKING,
SALE, RENTAL OR LEASING- The keeping of
any trucks, buses, farm equipment, construction
machinery or other vehicles referred to in Section 14-
3(a) of the City of Boynton Beach Code of
Ordinances on a premises for any length of time, for
purposes other than the ongoing service or repair of-
the vehicle, ongoing deliveries requiring the vehicle,
ongoing maintenance et construction projects, et
where the operator of the vehicle is registered at a
licensed hotel or motel and the vehicle is parked on
the site of a hotel or motel. Ongoing service, repairs
or deliveries shall be construed to be the keeping of
such vehicles on the premises only for the amount of
time that the vehicle is being serviced et repaired, or
is making deliveries. Ongoing maintenance or
construction projects shall include overnight parking
on the premises for the duration of such a project on
the pternises, during which the vehicle is actually
used. This definition shall: not be construed to
prohibit the parking of such vehicles as a customary
accessory use to a lawful principal use where thc
1998 S-8
General Provisions 23
vehicle is owned or operated by the owner of the
principal use, where the vehicle is necessary for the
operation of the principal use, and where the parking
of such vehicles is not-'prohibited elsewhere in the
City of Boynton Beach Codes and Regulations.
URBAN LAND USE - The use of land for other
than agricultural, open space, conservation or
preservation uses, including uses which are clearly
-accessory and subordinate to these uses.
USE - Any purpose for which a building or other
structure or a tract of land may be designed,
arranged, intended, maintained or occupied; or any
activity, occupation, business or operation carried on,
or intended to be carried on, in a building or other
structure or on a tract of land.
USE, PRINCIPAL - The primary purpose for which
land or building is used as permitted by the
applicable zoning district.
USED MERCHANDISE - Merchandise which has
been previously owned by another consumer or other
end-user prior to being stocked or sold on the
premises.
UTILITY TRAILER - A trailer or commercial truck
which is rented, leased or sold' primarily for use by
household users for moving household goods, and
specifically excluding truck-tractors or semi-trailers.
VARIANCE - A procedure by which an applicant
may request modification of the requirements set
forth herein under specific conditions which do not
nullify the intent and purposes of this ordinance.
VEHICULAR SIGN - A sign or sign structure
attached or affixed in any manner in or to any
wheeled vehicle for the purpose of advertising that
business to which the sign refers, excluding such
signs attached or affixed to public transportation
vehicles for business advertising purposes when such
vehicles belong to a fully licensed public
transportation company. A vehicle shall not be used
to circumvent this sign code. Vehicles with vehicular
signs shall be parked in the rear of commercial or
industrial establishments.
WALL SIGN - A sign containing copy, graphics,
symbols and/or letters placed on the wall surface
itself.
WATER SYSTEM, CENTRAL - A supply of water
to serve more than one user including the water
source, pipes, pumps, tanks, treatment plants and all
other appurtenances.
WATER SYSTEM, INDIVIDUAL - A water source
and other appurtenances supplying water to only one
user.
WATERWAY - Any body containing water such as
a canal, channel, ditch, drainage way, lake, stream,
watercourse, etc.
WETLANDS Open bodies of water and those
portions of a water body inundated at regular and
periodic intervals, or ahose areas where vegetation is
dominated by submerged and transitional species
listed in Florida Administrative Code Rule 17-3.022.
WHOLESALE - Sale of goods to consumers other
than household consumers or to business and
professional offices for use in such offices. For the
purposes of these regulations, a wholesale
establishment shall be defined as an establishment
where more than fifty (50) per cent of the value of
goods sold on or from the premises are sold at
wholesale prices to customers or users other than
household consumers.
WINDOW/DOOR SIGN - Any sign which is painted
on, applied to, attached to, hanging in or projected
upon or within, the exterior or interior of a building
glass area, including doors. For clarification
purposes, signs in this definition include, but are not
limited to, any identification, message, symbol,
insignia, visual representation, logo type or any other
form of communication.
WORK - All construction for all facilities and
features.
WRECKED MOTOR VEHICLE - A motor vehicle
defined as such by Section 10-50 of the City of
Boynton Beach Code of Ordinances.
1998 S-8
24 Boynton Beach Code
XERISCAPE A landscaped treatment that
substantially reduces irrigation demands by
appropriate plant selection.
YACHTEL - A marina or dockage offering onshore
overnight accommodations.
spaces for recreation; insure that citizens of Boynton
Beach will not bear the costs of haphazard land
development; provide the authority to direct the
construction of improvements; insure the purchaser of
land in a subdivision that necessary improvements of
lasting quality have been installed.
YARD - An open space on the same lot with a
building unoccupied and unobstructed from ground
upward, except by trees or shrubbery or as otherwise
provided herein.
YARD SIGN - A temporary sign, not to exceed four
(4) square feet, which identifies a safety feature
related to the particular lot.
ZONING CODE - Chapters 2 and 2.5 of the Land
Development Regulations as adopted by the City
Commission.
(Ord. No. 95-24, § 1, 8-15-95; Ord. No. 96-28, § 1,
4-16-96; Ord. No. 9649, § 4, 1-21-97; Ord. No.
97-04, § 1, 2-18-97; Ord. No. 98-04, § 1, 1-20-98;
Ord. No. 98-31, § 1, 8-4-98; Ord. No. 99-24, § 1,
9-7-99)
ARTICLE III. JURISDICTION
ARTICLE V. IMPACT FEES AND
DEDICATIONS
Sec. 1. In general.
Impact fees are regulatory fees due for land
developmem activity causing a need for capital
improvements.
Sec. 2. Palm Beach County Fees/dedications.
Palm Beach County ordinances require that
certain impact fees be paid concurrent with
developmem activities, collectible prior to issuance of
certain permitting fees. Developers in Boynton Beach
shall pay such fees in accordance with Palm Beach
County ordinances.
Regulations set forth herein are applicable to all
land in the City of Boynton Beach, Florida. (Ord.
No. 96-49, § 5, 1-21-97)
Sec. 3.
A.
Boynton Beach fees/dedications.
Parks and recreational areas.
ARTICLE IV. PURPOSE
The purpose of this chapter is to establish
procedures and standards for the development and
subdivision of real estate within the City of Boynton
Beach, Florida, in an effort to, among other things,
insure proper legal description, identification,
monumentation and recording of real estate
boundaries; aid in the coordination of land
development in the City in accordance with orderly
physical patterns; prevent haphazard, premature,
uneconomic or scattered land development; insure
safe and convenient traffic control; encourage
development of an economically stable and healthful
community; insure adequate utilities; prevent periodic
and seasonal flooding by providing protective flood
control and drainage facilities; provide public open
1. REGIONAL OR METROPOLITAN
PARKS AND PRESERVATION/CONSERVATION
AREAS. Where a planned regional or metropolitan
park or preservation/conservation area is shown on
the city's or county's comprehensive land use plan or
other official map or plan of said planned area, the
developer shall reserve such area for a period not to
exceed two (2) years during which time the city or
county shall either acquire the property or release the
reservation. Such time period shall commence with
an official inquiry to the City Commission by a
developer or property owner proposing development
of such area.
2. RECREATIONAL AREAS.
1999 S-11
General Provision~
25
a. PURPOSE. This subsection is
enacted to insure that future land development within
the city provides land for park or recreational
purposes in accordance with the open space and
recreation element of the comprehensive plan adopted
by the City of Boynton Beach. In order to provide
water-based recreation in accordance with the city's
comprehensive plan, waterfront park sites acceptable
to the city shall be provided.
b. REQUIREMENTS. As a
condition of issuance of a land development order,
the subdivider shall dedicate land, pay a fee in lieu
thereof, or both, at the option of the city, for park
or recreational purposes and according to the
standards and formula in this ordinance.
c. GENERAL STANDARD. It
is. hereby found and determined that the public
interest, convenience, health, welfare and safety
require that six (6) acres of property for each one
thousand (1,000) persons be devoted for
neighborhood park and recreational purposes.
d.' FORMULA FOR
DEDICATION OF LAND. Park and recreational
land dedications for residential subdivisions shall be
based on the general standard outlined in paragraph
c. herein before and calculated as follows:
Average number of
persons/dwelling unit
1.000 vooulation
park acreage
standard
Example for single-family dwelling
Unit: 3 + I000 = 0.018 acre/unit
6
The following table is to be followed:
Park Land Dedication Table
Dwelling
Type
Average House- Average Acreage
hoM size/D. U. Requirement/D. U.
Single-family
Duplex
Multi family
3.0 0.0180
3.0 0.0180
2.5 0.0150
1998 S-8
For land zoned multifamily, the park
land dedication formula shall be applied as related to
the maximum number of dwelling units permitted by
the zoning classification of the property.
(1) Natural resource credit.
On any site subject to development which contains
natural resource areas of native plant vegetation such
as Pine Flatwoods, Sand Pine Scrub, Xeric Oak
Forest or Hardwood Hammock where such natural
resource area exceeds 10 acres, twenty-five (25)
percent of the natural resource area shall be preserved
and may be credited a maximum of twenty-five (25)
percent towards the parks and recreation dedication
requirement. Such credit shall require the approval
of the City Commission after review and
recommendation of the TRC and the planning and
development board. The requirements of this
subsection shall be in addition to any other revisions
adopted by the city which encourage the preservation
of natural vegetation. In determining the amount of
credit, the TRC shall make a recommendation to the
commission which shall take into account the
following factors:
(a) Public access.
(b) Management and
maimenance plan.
(c) Existing condition of the
natural habitat.
(d) Proposed restoration
(e) The proportionate size of
the habitat to the emire development.
(0 The existence of
protected species within the habitat.
eo
dedication.
Formula for fees in lieu of land
(1) GENERAL FORMULA.
If no park or recreation facilities are proposed within
the subdivision, the subdivider shall pay a fee equal
26
Boynton Bench Code
to the value of the land. The fee will be used to
acquire and/or develop park and recreational land to
serve residents of the subdivision.
(2) USE OF MONEY. The
money collected hereunder shall be paid to the City
of Boynton Beach and placed in a trust fund to be
known as the reserve for parks and recreational
facilities. This account shall be used solely for the
acquisition, improvement, expansion or
implementation of parks and recreational facilities in
the City of Boynton Beach. Funds shall be used first
for the purpose of providing park or recreational
facilities reasonably related to serving said
subdivision by way of the purchase of land, or, for
improving said land for park and recreational
purposes. If both adequate land and improvements
exist in the area, funds may be spent to acquire or
improve park and recreational facilities elsewhere in
the city.
(3) CRITERIA FOR
REQUIRING BOTH DEDICATION AND FEE.
The subdivider shall both dedicate land and pay a fee
in lieu thereof in accordance with the following
formula:
(a) When only a portion of
the land calculated by the formula for park and
recreational use is to be dedicated, such portion shall
be dedicated for local park purposes and a fee
computed pursuant to the provisions set out above
shall be paid for any additional land that would have
been required to be dedicated pursuant to the said
above provisions.
(b) When sufficientpark and
recreational land in the vicinity has already been
acquired by the city arid only a small portion of land
is needed from the subdivision to complete the site,
such remaining portion shah be dedicated and a fee
computed pursuant to the formula provided above
shall be paid in an amount equal to the value of the
land which would otherwise have been required to be
dedicated pursuant to said above provision.
(4) AMOUNT OF FEE IN
LIEU OF LAND DEDICATION. Where a fee is
required to be paid in lieu of land dedication, the
amount of such fee shall be based upon the fair
market value of the amount of land which would
otherwise be required to be dedicated pursuant to the
formula prescribed in Article V, Section 3, paragraph
A.2.d above. The fee shall be paid pursuant to the
provisions contained in this ordinance. At the time of
filing of the plat for approval, the Deparunent of
Development shall, in those eases where a fee in lieu
of dedication is required either in whole or in pan,
determine the fair market value of the land in the
proposed subdivision, and this determination Shall be
used in calculating the fee to be paid. If a subdivider
objects to the fair market value determination, he may
at his own expense, obtain an appraisal of the
property by a qualified real estate appraiser approved
by the city, which appraisal of fair market value may
be accepted by the City Commission, if found
reasonable. Alternatively, the city and the subdivider
may agree as to the fair market value.
(5) DETERMINATION OF
LAND OR FEE. The City Commission shall
determine whether it accepts land dedication or elects
to require payment of a fee in lieu thereof by
consideration of the following:
(a) Topography, geology,
access and location of land in the subdivision
available for dedication. In order to provide water-
based recreation in accordance with the city's
comprehensive plan, waterfront park sites acceptable
to the city shall be provided.
(b) Size and shape of the
subdivision and land available for dedication.
dedication.
(c) The feasibility of
(d) Availability of previously
acquired park property.
(e) In conformity with the
recreation land use plan.
(6) CREDIT FOR PRIVATE
OPEN SPACE. Where open space for park and
recreational purposes is provided in a proposed
subdivision and such space is to be privately owned
1998 S-8
General l~o~hions 26A
and maintained by the future residents of the
subdivision, partial credit, not to exceed fifxy per cent
(50%) may be given against the requirement of land
dedication or payment of fees in lieu thereof if the
City Commission finds it is in the public interest to
do so and that all of the following standards are met:
(a) The yards, court areas,
setbacks and other open areas required to be
maintained by the zoning and building ordinances and
regulations shall not be included in the computation
of such private open space; and
(b) That the private
ownership and maintenance of the open space is
1998 S-8
26B
Boynton Beach Code
· ' General Provisions 27
adequately provjded~ for by recorded written
agreement, conveyance, or restrictions; and
(c) That the use of the
private open space is restricted for park and
recreational purposes by recorded covenant, which
runs with the land in favor of the future owners of
property and which cannot be defeated or eliminated
without the consent of the city or its successor; and
(d) That the proposed private
open space is reasonably adaptable for use for park
and recreational purposes; taking into consideration
such factors as size, shape, topography, geology,
access, and location; and
(e) That the open space for
which credit is given provides a minimum of five (5)
of the local park basic requirements listed below, or
a combination of such and other recreational
improvements that will meet recreation park needs of
future residents of the area:
Minimum
Acreage
Children's play
apparatus area .25
Landscape park-like
and quiet areas .50
Family picnic areas .25
Game court area .25
Turf playfield 1.00
Swimming pool
(20'x 50' With
adjacent deck) &
lawn areas .25
Recreation center
building 1500 s.f.
Before credit is given, the City Commission
shall make written findings that the above
standards are met.
f. PROCEDURE. The City
Commission shall determine pursuant to subsection
B.5.e hereof the land to be dedicated and/or fees to
be paid by the subdivider.
At the time of the filing of the
subdivision final plat for approval, the subdivider
shall dedicate the land, pay the fees as previously
determined by the City Commission, or furnish surety
in the amount of one hundred ten per cent (110 %) of
the fees which shall become a lien upon the property
and shall be paid prior to issuance of the first
certificate of occupancy or the transfer of title to any
parcel or unit of the land or imprOvement~ thereto.
g. COMMENCEMENT OF
DEVELOPMENT. At the time of proposal of the
final subdivision plat, the City Commission shall
specify when development of the park or recreational
facilities shall be commenced.
h. NONRESIDENTIAL
SUBDIVISIONS. The provisions of this section shall
not apply to nonresidential subdivisions.
B. Adequacy of sites for utilities and public
facilities.
. As part of the review and approval of
development projects, the city shall evaluate the need
for sites for major utility and public facilities and
require dedication of same, without penalty for the
density or intensity of use, where doing so would be
reasonably possible; otherwise consider the purchase
of property, if dedication of land is not feasible.
C. Utility fees.
Capital facility charges, connection charges,
reservation fees and/or other additional charges
associated with water, sewers and city utilities are
outlined in Chapter 26, Part II (Code of Ordinances).
(Ord. No. 96-49, § 6, 1-21-97)
ARTICLE VI. LAND DEVELOPMENT FEES
Fees shall be charged for land development
activities described herein as established by the City
Commission from time to time by resolution.
Current and applicable fee schedules and/or
resolutions can be obtained at the office of the city
clerk or department of development.
1997 S-5
28
Boynton Beach Code
Sec. 1. Appeals from decisions of an
administrative official.
A. ELIGIBILITY. Appeals of decisions of an
administrative official may be taken by any person
aggrieved or by any. officer, board, or bureau of the
governing body affected by any decision of an
administrative official under any ordinance enacted
pursuant to the Land Development Regulations of the
City of Boymon Beach.
B. FILING. Appeals shall be filed within
fifteen (15) calendar days after rendition of the order,
requirement, decision, or determination with the
official from whom the appeal is taken specifying the
grounds for the appeal. A current certified survey
and a fee as adopted by resolution of the City
Commission, plans, drawings, documents and/or
other material constituting the record upon which the
action was taken shall be collected by the
administrative official and, together with the
completed appeal, forwarded to the appropriate
appeal board for placement on the board's next
available agenda.
C. STAY OF WORK. Upon posting of
acceptable surety (see Chapter 7) by the appellant in
an amount equal io 110% of the potential costs of
delays and damages as certified by a design
professional, all work on the premises and all
proceedings in furtherance of the action appealed
from will be stayed, unless the official from whom
the appeal was taken certifies that by reason of facts
stated in the certificate, a stay would cause imminent
peril of life or property. In such case, proceedings
or work shall not be stayed except by a restraining
order which may be granted by the board or by a
court of record on application, on notice to the
officer from whom the appeal is taken and on due
cause shown.
D. ASSIGNMENT OF APPEALS. The City
of Boynton Beach has several boards/commissions
which deal with a variety of appeals, variances,
exemptions, exceptions, etc., as follows:
I. The building board of adjustment and
appeals will hear and decide appeals of administrative
decisions or determinations made in the enforcement
or administration of LDR Chapter 20, Building,
Housing and Construction Regulations and the various
building codes and ordinances adopted by the City.
See LDR Chapter 20, Article VII, Section 2D for
detailed information,
2. The City Commission will hear and
decide appeals of administrative decisions or
determinations in the enforcement or administration of
environmental review permits; excavation, dredging
and/or fill permits; major/minor site plan or master
plan modifications and height exceptions.
3. The concurrency review board will hear
and decide app~s of administrative decisions
denying a certification of concurrency and/or a
conditional certification of concurrency.
4. The board of zoning appeals will hear
and decide appeals of administrative decisions or
determinations made in the enforcement or
administration of all portions of the Land
Development Regulations not specifically enumerated
within the jurisdiction of the City Commission and/or
the building board of adjustment and appeals and/or
the concurrency review board. See LDR Chapter 2,
Section 10 for detailed information.
E. HEARING OF APPEALS. Each board or
commission shall fix a reasonable time for the hearing
of the appeal, give public notice thereof, as well as
due notice to the panics in interest. Upon the
hearing, any party may appear in person, by agent or
by attorney.
F. REVIEW OF ADMINISTRATIVE
ORDERS. In exercising its powers, each board or
commission may, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, or
' determination made by an administrative official and
may make any necessary order, requirement,
decision, or determination, and to that end shall have
all the powers of the officer from whom the appeal is
taken. The concurring vote of a majority of the
members present shall be necessary to reverse any
order, requirement, decision, or determination of any
administrative official or to decide in favor of the
1997 So5
· General Provisions 29
applicant on any matter upon which the board or
commission is rdquired to pass.
G. INDEMNIFICATION. In the event a claim
or lawsuit is brought against the City, its officers,
employees, servants or agents, the applicant hereby
agrees to indemnify, save, and hold harmless the
City, its officers, employees, servants or agents ahd
to defend said persons from .any such claims,
liabilities, causes of action, and judgements of any
type whatsoever arising out of or relating to the
appeals from decisions of an administrative official
whether the appellant is the applicant or any other
party. The appellant agrees to pay all costs,
attorney's fees, and expenses incurred by the City, its
officers, employees, servants or agents in connection
with such claims, liabilities or suits. Nothing
contained herein, however, shall act as a waiver of
any of the City's immunities provided for in Florida
Statutes, Section 768.28..(Ord. No. 96-49, § 7, 1-
21-97)
Sec. 2. Appeals from decisions of the
concurrency review board.
A. ELIGIBILITY. Appeals of decisions of the
concurrency review board may be taken by any
aggrieved party affected by a board decision.
B. FILING. Appeals shall be filed within
fifteen (15) calendar days after rendition of the order,
requirement, decision or determination with the
planning and zoning director specifying the grounds
for the appeal. A fee as adopted by resolution of the
City Commission together with other documents and
materials constituting the record upon which the
action was taken shall be collected by the planning
and zoning director and, together with the completed
appeal, forwarded to the planning and development
board for placement on the board's next available
agenda.
C. HEARING OF APPEALS. The planning
and development board shall fix a reasonable time for
the hearing of the appeal, give public notice thereof,
as well as due notice to the parties in interest. Upon
the hearing, any party may appear in person, by
agent or by attorney.
D. REVIEWING APPEALS. In exercising its
powers, the planning and development board may
reverse or affirm wholly or partly, or may modify the
decision or determination made by the concurrency
review board and may make any necessary order,
requirement, decision or determination, and to that
end shall have all the powers of the concurrency
review board and the planning and zoning director.
The concurring vote of a majority of the members
present shall be necessary to reverse any order,
requirement, decision, or determination of the
concurrency review board or to decide in favor of the
applicant on any matter upon which the board is
required to pass. (Ord. No. 96-49, § 7, 1-21-97)
Appeals from decisions of the board of
zonin~o appeals, and the building bOard of
adjustment and appeals.
A. ELIGIBILITY. Appeals of decisions of the
board of zoning appeals and the building board of
adjustment and appeals may be taken by any
aggrieved party affected by a board decision.
B. FILING. Appeals for judicial relief shall be
filed with the circuit court within thirty (30) calendar
days after rendition of a board decision. (Ord. No.
96-49, § 7, 1-21-97)
Sec. 4. Appeals from decisions of the City
Commlnsion.
A. ELIGIBILITY. Appeals of decisions by the
City Commission may be taken by any aggrieved
party affected by a commission decision.
B. FILING. Appeals for judicial relief shall be
filed with the circuit court within thirty (30) calendar
. days after rendition of a commission decision. (Ord.
No. 96-49, § 7, 1-21-97)
Sec. ~. Withdrawal or denial of appeal.
A. REFILING AFTER DENIAL. Upon denial
of an application for relief hereunder, in whole or in
part, a period of one (1) year must run prior to the
1997 S-5
3O
Boynton Beach Code
filing of a subsequent application affecting the same
property or any portion thereof.
B. REFILING AFTER WITHDRAWAL
WITH PREIUDICE. Upon the withdrawal of an
application, in whole or in part, a period of six (6)
momhs must run prior to the filing of a subsequent
application affecting the same property or any portion
thereof, unless, however, the decision of the board is
without prejudice; and provided that the period of
limitation shall be increased to a two-year waiting
period in the event such an application, in whole or
in part, has been twice or more denied or withdrawn.
C. REFILING AFTER~ WITHDRAWAL
WITHOUT PREJUDICE. An application may be
withdrawn without prejudice by the applicant as a
matter of right; provided the request for withdrawal
is in writing and executed in a manner and on a form
prescribed by the board and filed with the board at
least one (1) week prior to any hearing scheduled
concerning the application; ether'wise, all such
requests for withdrawal shall be with prejudice. No
application may be withdrawn after final action has
been taken. When an application is withdrawn
without prejudice, the time limitations for re-
application provided herein shall not apply.
(Ord. No. 96-49, § 7, 1-21-97)
ARTICLE VIH. DEVELOPMENT REVIEWS
Sec. 1. Technical reviews.
A. SCOPE. Any person wishing to develop
property within the city shall submit a master plan
and/or site plan review application, an application fee
and supporting documents as required by the planning
and zoning department. The purpose of this
submission shall be for review of the basic design
quality of the proposed development and to ensure
compliance with applicable city codes.
B. ADMINISTRATION. The Planning and
zoning department shall be responsible for the overall
coordination and administration of the plan review
process.
C. DETERMINATION OF
COMPLETENESS. Within two (2) business days
(not including the date of filing) of receiving
application and documentation for master plan and/or
site plan review, the planning and zoning department
shall inform the applicant of the completeness of the
application and either accept the application or reject
the application. Rejected plans and applications will
be returned to the applicant with a list of deficiencies
in writing from the planning and zoning department.
D. DISTRIBUTION FOR REVIEW.
Documents will be distributed within three (3)
working days of acceptance to the City's technical
review committee for review and written comments
within fifteen (15) days unless otherwise requested by
the planning and zoning director.
E. TECHNICAL REVIEW COMMITTEE
(TRC) CONSIDERATION. A technical review
committee (TRC) chaired by the planning and zoning
director or his/her designee and consisting of
representatives of the parks and recreation, fire,
police, utilities, public works, planning and zoning,
and development departments shall meet to review
documents in order to coordinate the technical
expertise of TRC members. TRC~comments will be
forwarded in writing to the plmming and zoning
department within three (3) days of the meeting.
F. APPLICANT NOTIFICATION. The
planning and zoning department shall forward TRC
comments to the applicant within seven (7) working
days of the TRC meeting.
G. DOCUMENT AMENDMENTS. The
applicant shall amend the documents to reflect
comments made by the various depaxh,ents or
provide written explanations.. Staff comments
unresolved at the time of development order
preparation will be noted on the proposed
. development order as conditions of development
approval.
H. SUBMISSION OF AMENDED
DOCUMENTS/WRITTEN EXPLANATIONS. The
applicant shall submit amended documents/written
explanations to the Planning and Zoning Department
within ninety (90) days of receipt of comments or the
1997 S-5
General Provisions 31
application shall become null 'and void.
Reconsideration will then require a new application
and a new fee.
I. REDISTRIBUTION FOR REVIEW. The
planning and zoning department shah distribute the
amended documents to TRC members within three
(3) working days of acceptance from applicant. TRC
members shall respond to the planning and zoning
department with either a recommendation to approve
or reject the plan within ten (10) working days. The
planning and zoning department shall notify the
applicant of the responses from TRC members.
(Ord. No. 96-49, § 8, 1-21-97)
Sec. 2. Plavnlng and development board review.
Sec. 3. City Commiasion reviews.
A. SCOPE. When the planning and
development board completes its review and
formulates its recommendations, the planning and
zoning director will transmit the documents together
with TRC comments and recommendations as well as
planning and development board action to the City
Commission at their next available meeting.
B. APPLICANT NOTLFICATION. The
planning and zoning department will notify the
applicant in writing of the date, time and location of
the City Commission meeting when the application
will be reviewed, The applicant may, at his/her
option, request in writing a postponement of Eity
Commission deliberations.
A. SCOPE. When the TRC finds that the
documents meet the provisions of these Land
Development Regulations, the planning and zoning
director will trafismit the documents with TRC
comments and recommendations to the planning and
development board for review at their next available
meeting.
B. APPLICANT NOTIFICATION. The
planning and zoning department will notify the
applicant in writing of the date, time and location of
the planning and development board meeting when
the application will be reviewed.' The applicant may,
at his/her option, request in writing a postponement
of planning and development board consideration.
C. PLANNING AND DEVELOPMENT
BOARD DELIBERATION. The planning and
development board will review submitted documents
as well as all TRC comments and recommendations,
and has all of the authority, functions, powers and
duties vested in it by Chapter 1.5, Article I, Section
4 of this Land Development Regulation.
D. ACTION. The planning and development
board shall recommend to the City Commission that
they approve the plan unconditionally, approve the
plan with conditions and/or recommendations, or
deny the plan. (Ord. No. 96-49, § 8, 1-21-97)
C. CITY COMMISSION DELIBERATION.
The City Commission shall consider the comments
and recommendations of reviewing departments and
the recommendation of the planning and development
board and shall approve the plan, approve the plan
with conditions, deny the plan or defer action on the
plan.
(Ord. No. 96-49, § 8, 1-21-97)
ARTICLE IX. DEVELOPMENT ORDERS
Sec. I. Challenges to staff comments generated
through the development review process.
A. ELIGIBILITY. An applicant may challenge
any written comment or recommendation made by a
staff member during the development review process.
B. INFORMAL PROCEDURE. An applicant
may challenge orally or in writing any staff comment
or recommendation by contacting the issuing
department and presenting specific grounds for the
challenge. The issuing department may reverse or
affirm the comment or recommendation, wholly or
partly, or may modify the comment or
recommendation, but all such action shall be based on
provisions of appropriate codes, ordinances, rules or
regulations. Any staff comment not based on a
specific code, ordinance, rule or regulation becomes
a recommendation.
1997
32 Boytiton Beach Code
C. FORMAL -_PROCEDURE. Comments
and/or recommendations surviving the informal
procedure described hereinbefore will be forwarded
to the planning and development board and/or City
Commission for review in the form of a proposed
development order. The board will review proposed
development orders which come before it and may
recommend acceptance, rejection, and/or
modifications to staff comments and
recommendations, and forward a record of their
recommended action to the City Commission. The
City Commission may accept, reject, or modify each
comment or recommendation presented to them from
staff and, if available, from the planning and
development board, during their development order
deliberations.
D. FINALIZING DEVELOPMENT ORDERS.
The city attorney, or his designee will record specific
action by the Commission on each staff comment or
recommendation during deliberations. He shall also
record specific action by the Commission on each
planning and development board comment or
recommendation as well as each Commission
comment or recommendation. The city attorney will
sign, and the city clerk will witness, the completed
record of the p~oceedings w~'~i,:h then becomes the
official development order.
E. DISTRIBUTION OF DEVELOPMENT
ORDERS. Within three (3) working days the city
attorney and city clerk will sign the development
order and forward signed copies to the applicant, the
department of development, and the planning and
zoning department.
(Ord. No. 96-49, § 9, 1-21-97)
ARTICLE X. VARIANCES
AND EXCEPTIONS
Sec. 1. Variances.
When literal or strict enforcement of the
provisions of these Land Development Regulations
would cause unusual, exceptional or unnecessary
difficulties or undue hardship or injustice because of
the size of the tract to be subdivided, its topography,
the condition or nature of adjoining areas or the
existence of other unusual physical conditions, the
commission may vary or modify the requirements set
forth herein after receiving and reviewing the report
of the technical review committee. No variance shall
be granted if it has the effect of nullifying the intent
and purposes of the LDR. In granting variances, the
commission may require such conditions as will
.- secure the objectives of the LDR.
A. Variances will not be processed unless a
written application and a fee have been submitted to
the director of development demonstrating:
1. That special conditions and
circumstances exist which are peculiar to the land
involved and which are not applicable to other lands,
and
2. That a literal interpretation of the
provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other
properties, and
3. That the special conditions and
circumstances do not result from the action of the
applicant, and
4. That the granting of the variances
requested will not confer on the applicant any special
privilege that is denied to other lands.
No pre-existing conditions or neighboring lands
which are contrary to the LDR shall be considered
grounds for the issuance of a variance.
B. Documents will be submitted to the technical
review committee as outlined in this chapter, Article
VIII, Section 1. To consider the recommendations of
the technical review committee, the commission shall
set a public hearing on the proposed variance. To
approve a variance the commission shall find:
1. That the requirements of this section
have been met, and
2. That the reasons set forth in the
application justify the granting of the variance, and
1997 S-5
General Provisions
33
3. Tliat the variance is the minimum
variance that would make possible the reasonable use
of the land, and
4. That the granting of the variance would
be in harmony with the general purpose and intent of
the LDR, would not be injurious to the surrounding
territory, and would not impair desirable general
development of the neighborhood or the community,
as proposed in the comprehensive plan, or otherwise
be detrimental to the public welfare.
C. In granting any variance the commission
may prescribe conditions and safeguards in
conformance with the LDR. Any variance granted
by the commission shall be noted in its official
minutes along with the reasons which justify the
granting thereof and required conditions and
safeguards. (Ord. No. 9649, § 10, 1-21-97)
Sec. 2. Exceptions.
The requirements outlined in the LDR may be
modified by the commission in the case of a plan and
program for a complete community, which in the
judgment of the commission provides adequate public
space and improvements for the circulation,
recreation, light, air and service needs of the tract
when fully developed and populated,~ and which also
provides such covenants or other legal provisions as
will assure conformity to and implementation of the
plan. In granting such modifications, the commission
shall require such reasonable conditions and
safeguards as will secure substantially the objectives
and standards of the LDR. Upon compliance with
the foregoing, a public hearing shall be held by the
commission. (Ord. No. 964.9, § 10, 1-21-97)
Sec. 3. Appeals.
See Chapter 1, Article VII, Section 4.
(Ord. No. 96-49, § 10, 1-21-97)
1997 S-5
Boston Beach Code
Chapter 1.5
PLANNING AND DEVELOPMENT GENERALLY
An. I. In General
An. Il. Reserved
An. III. Reserved
An. IV. Reserved
Art. V. Reserved
Art. VI. Concurrency Requirements
ARTICLE I. IN GENERAL
Sec. 1. Planning and da~elopment
board--Establishment and composition.
A. A City of Boynton Beach Planning and
Development Board is hereby created and established,
consisting of seven (7) regular members and two (2)
alternate members appointed by the City Commission
of the City of Boynton Beach, 'Florida.
B. The mayor and City Commission shall
appoim the members of the planning and development
board in accordance with the appointment procedures
followed by the commission. The nomination shall
be subject to the confirmation of a majority vote of
the City Commission.
C. Al1 members of the planning and develop-
ment board must be residents of the City of Boynton
Beach, Florida.
D. The commission in appointing members to
the planning and development board shall give
preference, when possible, to design professionals
licensed in the disciplines of architecture, landscape
architecture, landscape design and planning.
Sec. 2. Terms of offices; removal; vacandes.
A. On first appointment to the board, three (3)
members and two (2) alternate members shall each
have an initial term of one (1) year. On first
appointment to the board, four (4) members shall
have two-year terms. Thereafter, the term of office
for each member of the planning and development
board shall be two (2) years. Subsequent alternate
members shall be appointed for one-year terms.
B. The members of the planning and
development board shall hold office until the first
Tuesday in April of the year such members' terms
expire. Each member shall hold office until his
successor is duly appointed and qualified. Any
member appointed to serve in lieu of any member on
account of death, resignation, removal or disability of
such member, shall serve only for the unexpired term
of such original member.
C. Should a member of the planning and
development board move outside of the jurisdictional
boundaries of the city, the member shall become
disqualified, and a new member shall be appointed by
the City. Commission.
D. Any vacancy occurring shall be filled by the
City Commission.
E. The City Commission shall appoint two (2)
alternates to serve when members of the planning and
development board are absent. The alternates shall
reside within the jurisdictional boundaries of the city
and all other restriction set forth in Sections i through
6 as to members of the planning and development
board shall apply to the alternates. Alternate
members shall have preference in appointment to
vacancies created by death, resignation, removal or
end of term of regular members.
F. A member of the board is permitted to have
six (6) absences during any one year period. The
seventh absence shall result in removal from the
board.
(Ord. No. 97-44, § 1, 9-2-97)
Sec. 3. Selection of chair and vice chair: rules of
procedure.
A. At the first regular meeting of the planning
and development board in April of each year, the
1998 S-7 Repl. 1
2 Bo~nton Beach Code
Board shall elect a chairman and vice chairman from
among its members.
B..The planning and development board shall
meet at regular intervals to be determined by the City
Commission and at such other times as the chairman
may determine. The board shall operate in
accordance with Robert's Rules of Procedure as
amended and clarified from time to time. All
meetings of the board shall be open to the public, and
a record of all meetings shall be kept and maintained
in accordance'with Florida Public Records Laws.
C. The chairperson, or in his or her absence,
the acting chairperson, may administer oaths and
compel the attendance of witnesses. The board shall
keep minutes of its proceedings, showing the vote of
each member on each question, or if absent ot
abstaining, indicating such fact. No member shall
abstain from voting unless he or she has a conflict of
interest pursuant to the provisions contained herein or
in accordance with Chapter 112, Florida Statutes.
The records of the board shall be filed in the office
of the city clerk and shall be public records.
Sec. 4. Advisory authority, functions, powers,
and duties.
A. The planning and development board shall
have the authority and duty to consider and
recommend upon applications, as hereinafter set
forth, after first considering the recommendations
thereon of the city planning and zoning department,
and after a determination of fact that application will
not generate excessive noise or traffic; tend to create
a fire, disease or other equally or dangerous hazards;
provoke excessive overcrowding or concentration of
people or population; be in harmony and compatible
with the present and future developments of the area
concerned; conserve the value of buildings and
encourage the most appropriate use of land and
water; provide adequate light and air; promote such
distribution of population and such classification of
land uses, development and utilization as will tend to
facilitate and provide adequate provisions for public
requirements, including, but not limited to,
transportation, water flowage, water supply, drainage
sanitation educational opportunities, recreation, soil
fertility, environmental protection, and food supplies;
prohibit wasteful and excessive scattering of
population of settlements; conform to the character of
the district and its particular suitability for particular
uses; be consistent with the needs of the city for land
areas for Specific purposes to serve population
economic activities; protect the tax base; facilitate and
carry forward the intent and purpose of the city's
comprehensive plan; would not be disruptive to the
character of the neighborhood or adverse to play
grounds, parks, schools and recreation areas; would
not be adverse to the promotion of public health,
safety, comfort, convenience, order, appearance,
prosperity or general welfare.
B. The planning and development board shall
have all powers heretofore vested in the planning and
zoning board and the community appearance board.
C. The planning and development board shall
be responsible for all duties heretofore carried out by
.the planning and zoning board and the community
appearance board.
D. All references in the Land Development
Regulations of the City of Boynton Beach to the
planning and zoning board or to the community
appearance board shall hereinafter be construed to
mean the Planning and Development Board.
E. Provide recommendations to the community
redevelopment agency for matters related to the
central business district.
1. The board shall have the power to issue
nonbinding recommendations to the community
redevelopment agency on matters specifically referred
to it by the community redevelopment agency.
2. The board shall have no other powers
with respect to the central business district and the
community redevelopment agency unless specifically
granted or assigned by the City Commission.
3. All administrative staff and any other
staff support for the duties of the board as set forth in
this subsection shall exclusively be. provided by the
City of Boynton Beach Department of Community
Improvement under the direction and supervision of
the city manager.
(Ord. No. 97-15, § 1, 5-20-97)
1998 S-7 Repl.
Flann~g and D~velopment G~erally
Sec. 4.1 Quasi-Judicial Authority, functiom,
powers, and duties.
A. The Planning and Development Board shall
have the authority and duty to hear and decide, in a
quasi-judicial capacity administrative appeals, specPal
exceptions and variances.
B. Administrative Appeals. The board has the
authority to hear and decide appeals when it is
alleged that there is error in any order, requirement,
decision, or determination made by an administrative
official in the enforcement of any zoning ordinance
or regulation adopted pursuant to the section.
C. Special Exceptions: The board has the
authority and duty to hear and decide requests for
special exceptions. To decide such questions as are
involved in the determination of when such special'
exceptions should be granted. To grant special
exceptions with appropriate conditions and safeguards
or to deny such special exceptions when not in
harmony with the purpose and intent of this section.
The following standards apply to the board power to
grant special exceptions:
1. The board shall find that in granting
the special exception, the public interest will not be
adversely affected.
2. The board may prescribe appropriate
conditions and safeguards in conformity with this
chapter. Violation of such conditions and safeguards,
when made pan of the terms under which the special
exception is granted, shall comtitute grounds for the
revocation of the special exception and the certificate
of occupancy or occupational license associated
therewith.
a literal enforcement of the provisions of the city
ordinance would result in unnecessary and undue
hardship.
1. In order to authorize any variance from
the terms of an ordinance, the board must find that:
a. That special conditions and
circumstances exist which are peculiar to the land,
structure or building involved, and which are not
applicable to other lands, structures or buildings in
the same zoning district.
b. That special conditions and
circumstances do not result from the actions of the
applicant for the variance.
c. That granting the variance
requested will not confer on the applicant any special
privilege that is denied by this section to other lands,
structures or buildings in the same zoning district.
d. That literal interpretations of the
provisions of the ordinance would deprive the
applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms
of the ordinance and would work unnecessary and
undue hardship on the applicant.
e. That the variance granted is the
minimum variance that will make possible reasonable
use of the land, structure or building.
f. That the grant of the variance will
be in harmony with the general intent and purpose of
this chapter and that such variance will not be
injurious to the area involved or be otherwhe
detrimental to the public welfare.
3. The board may prescribe a reasonable
time limit within which the action for which the
special exception is required shall begin or be
completed, or both.
D. Variances. The board has the authority and
duty to authorize upon appeal such variance from the
terms of a city ordinance as will not be contrary to
the public interest when, owing to special conditions,
g. For variances to minimum lot area
or lot frontage requirements, that property is not
available from adjacent properties in order to meet
these requirements, or that the acquisition of such
property would cause the adjacent property or
structures to become nonconforming. The applicant
for such variances shall provide an affidavit with the
application for variance stating that the above-
mentioned conditions exist with respect to the
acquisition of additional property.
1997 S-6
4
2. In gnnting-a variance:
a. The board may prescribe
appropriate conditions and safeguards in conformity
with this section. Violations of such conditions and
safeguards, when made a part of the terms under
which the variance is granted, shall be deemed a
violation of this section.
b. The board may prescribe a
reasonable time limit wjthi~ which the action for
which the variance is required shall begin, be
completed, or both.
c. Where variances of lot area and
maximum densities are requested, and such variance,
if granted, would cause the density to exceed the
density shown on the furore land use map of the
city's comprehensive plan, the density created shall
be construed to be in conformance with the
comprehensive plan, if the board finds d~at the
variance meets the conditions set forth in this section
for granting the same, and the variance would only
allow for the conshmction of a single-family detsched
dwelling.
E. Procedures for Variances, Special
Exceptions and Appeals of Administrative Actions.
I. Exceptions. Under no circumstances
except as permitted above shall the board grant a
variance to permit a use not generally or by special
exception permitted in the zoning distric~ involved or
any use expressly oi by implication prohibited in the
applicable zoning district. No nonconforming use of
neighboring lands, structures or buildings in other
zoning districts shall be considered grounds for the
authorization of a variance.
2. Review of Adm~istrative Orders. In
exercising its powers, the board may, upon appeal
and in conformity with the provisions of this section,
reverse or afl'n-m, wholly or partly, or may modify
the order, requirement, decision or determination
made by an administrative official in the enforcement
of any zoning ordinance or regulation adopted
pursuant to this section, and may make any necessary
order, requirement, decision or determination, and to
that end shall have the powers of tim officer fi.om
whom the appeal is taken. A majority vote shall be
necessary to reverse any order, requirement, decision
or determination of any such administrative official or
to decide in favor of the applicant on any matter upon
which the board is required to pass under this section.
3. Appeals from decision of
Administrative Official. Appeals to the board may be
taken by any person aggrieved or affected by any
decision of an adminis~ative official interpreting any
zoning ordinance. Such appeal shall be taken witch
thirty (30) days after rendition of the order,
requirement, decision, or determination appealed from
by filing with the officer from whom the appeal is
taken and with the board, a notice of appeal
specifying the grounds thereof. The appeal shall be in
the form prescribed by the rules of the board.
4. Stay of Work and Proceeding on
Appeals. An appeal to the board stays all work on
the premises and all proceedings in furtherance of the
action appealed from, unless the official from whom
the appeal is taken shall cenify to the board that by
reason of facts stated in the certificate, a stay would
cause imminent peril of life or property. In such case,
proceedings or work shall not be stayed except by a
restraining order which may be granted by the board,
or by a court of record on the application, on notice
to the officer fi.om whom the appeal is taken and on
due cause shown.
$. Hearing of Appeals. The board shall
· t a reasonable time for the hearing of the appeal~
give the public notice thereof, as well as due notice to
the parties in interest, and decide the same within a
reasonable time. Upon the hearing, any person may
appear in person, by agent or auomey. Applicanus
shall be required to file a proper form (supplied by
the Planning Depamnent), a current certified survey
accompanied by a fee as adopted by resolution of the
City Commission. For proce,!ural purposes, an
application for a special exception shall be handled by
the board as for appeals.
6. Review of Decisions of the Board.
Any person may appeal variance, special exception,
or appeal of administrative order to the City
Commission of the City of Boynton Beach within
twenty (20) days after rendition of the decision by the
Planning and Development Board. The decision of the
1997 S-6
and Development Generally
City CommissiOn shall be'deemed final subject only
to review by writ of certiorari to the Palm Beach
County Circuit Court.
7. Withdrawal or Denial of Application.
a. Upon the denial of an application
for relief hereunder, in whole or. in part, a period of
one (1) year must elapse prior to the filing of a
subsequent application affecting the same property or
any portion thereof.
b. Upon the withdrawal of an
application, in whole or in part, a period of six (6)
months must nm prior to the filing of a subsequem
application affecting the same property or any portion
thereof, unless the decision of the board is without
prejudice; and provided that the period of limitation
shall be increased to a two. (2) year waiting period in
the event such an application, in whole or in part, has
been twice or more denied or withdrawn.
c. An application may be withdrawn
without prejudice by the applicant as a matter of
right; provided the request for withdrawal is in
writing and executed in a manner and on a form
prescribed by the board and filed with the board at
least one (1) week prior to any scheduled hearing
scheduled before the board concerning the
application; otherwise, ail such requests for
withdrawal shall be with prejudice. No application
may be withdrawn after action has been taken by the
board. When an application is withdrawn without
prejudice, the time limitations for reapplication
provided herein shall not apply.
F. Advertising Requkements. Required
advertisements for the applicant's request must appear
in a newspaper of general circulation in the City of
Boynton Beach, at least fifteen (15) days prior to the
scheduled Planning and Development Board Meeting.
All required notices to surrounding property owners
must be postmarked no later than fifteen (15) days
prior to that scheduled public hem'ing.
(Ord. No. 97-15, § 1, 5-20-97)
Sec. 4.2. Additional authority, ftmctiom, powers,
and duties, as assigned by the City
Commission.
The Planning and Development Board shall have`
such additional authority, functions, powers and
duties, as assigned' to the board by ordinance.
(Ord. No. 97-15, § l, 5-20-97)
Sec. 4.3 Authority Granted by the City
Commission.
A. The following applications/types of requests
shall preliminarily be reviewed by the Planning and
Development Board prior to approval by the City
Commission:
1. Annexation.
2. Code review.
Comprehensive plan text amendment.
4. Consistency review.
5. Development of regional impact
amendment.
6. Height exception.
7. Land use plan amendmentffrezoning.
9. Telecommunication towers (waiver or
reduction of separation requirements and/or special
exception regarding application rejection).
10. Conditional Use Approval.
B. The following applications/types of requests
that are processed and reviewed by the Planning and
Zoning Depa~i~uent shall be approved by the planning
and development board:
1. Abandonment.
2. Administrative appeal.
3. Community Design Plan appeal.
1998 So7 4. Concurrency appeal.
Boytlton Beach Code
Concurrency time extension.
Master plan modification.
8. Master plan time extension.
9. Major site plan modification.
10. New site plan.
11. Parking lot variance.
12. Sign code variance.
13. Site Plan time extension.
14. Subdivision- master plan.
1:5. Use approval.
16. Zoning code appeal.
17. Zoning code variance.
18. Conditional use approval time
extension.
C. No action of the Planning and Development
Board shall be considered a final action of the City
until ratified by the City Commission. The procedure
for ratification shall be as follows:
1. All matters which have been reviewed
and acted on by the Planning and Development Board
shall be reduced to writing as a proposed Develop-
ment Order. The form of the proposed I~velopment
Order shall be approved by the City Attorney.
2. All proposed Development Orders shall
be submitted to the City Commission on the consent
agenda at the next regular City Commission meeting
following action by the Plannin~ and Development
Board.
3. Prior to approval of the Commission
consent agenda, a member of the Commission may
request the removal of any proposed Development
Order from the consent agenda for further discussion,
consideration, or public hearing prior to ratification.
4. The City Commission may table a
proposed Development Order which has been removed
from the consent agenda to a future meeting date to
insure that proper notice and opportunity to be heard
is provided to the applicant, the public, and any other
interested patties.
5. Following ratification of a proposed
Development Order by the City Commission, the City
Clerk shall date and sign the Development Order and
issue it as a final order.
(Ord. No. 97-22, § 1, 6-17-97; Ord. No. 97-41,
§§ 1, 2, 8-19-97)
Sec. 5. Commission designated statutory
The City Commission is hereby designated as the
city's local planning agency to act on behalf of the
city under the terms and provisions of the local
government Comprehensive Planning Act, having the
general responsibility for the conduct of a com..
prehensive planning program and the preparation,
supervision and amendment of the comprehensive
plan or elements or portions thereof applicable to the
areas under the jurisdiction of the city as provided in
said act.
Sec. 6, Review of board decisions.
Ail decisions of the planning and development
board shall be advisory to the City Commission,
unless otherwise stated in this Article or by
ordinance. Disposition of an application or request
made through the planning and development board
shall not be deemed final until acted on by the City
Commission, unless otherwise stated in this Article or
by ordinance. Once final, a decision may be reviewed
by the ftlin~ of a Petition for Writ of Certiorari in the
Circuit Court of the 15th Judicial Circuit in and for
Palm Beach County, Florida, and in accordanc~ with
the procedure and within tbe tim~ provided by court
rule and such time shall commence to mn from the
date of the decision sought to be reviewed.
Any determination decisions of the Planning and
Development Board must first be appealed to the City
Commission within twenty (20) days after rendition of
the decision by the Planning and Development Board,
1998 5-7
Ptmming and Develol~nent Generally
6A
prior to any appeal to a court of competent
jurisdiction. The decision of the City Commission
shall be deemed final subject only to review by writ
of certiorari to the Palm Beach County Circuit Court.
(Ord. No. 97-15, § 1, $-20-97)
Sec. 7. Comprehemive plan adopted; authority,
purpose, preemption.
A. Authority. Ordinance No. 89-38 is adopted
in compliance with, and pursuant to, the Local
Government Comprehensive Planning and Land
Development Regulation Act. Section 163.3184,
et. seq., Florida Statutes, and Chapter 9J-5, Florida
Administrative Code.
B. Purpose end intent.
1. It is hereby declared that the purpose
of such ordinance is to preserve and enhance the
existing quality of life; encourage the most
appropriate use of land, water and resources
consistent with the public interest; address current
problems which have occurred because of the use and
development of land; and deal effectively with future
problems which may occur as a result of the use and
development of land. Through the implementation of
the 1989 Comprehensive Plan and those elements
adopted herein by Ordinance No. 89-38, it is the
intent of the City Commission of the City of Boynton
Beach, Florida, to preserve, promote, protect and
improve the public health, safety, comfort, good
order, appearance, convenience, law enforcement and
fire prevention, and general welfare; to prevent the
overcrowding of land and to avoid undue
concentration of populations; to minimize urban
sprawl; to encourage the development and
redevelopment of the coastal community; to ensure
that the existing rights of property owners be
preserved in accord with the Constitutions of the
State of Florida and of the United States; to plan for
and guide growth and development within the city by
providing greater specificity and certainty in the land
planning process, by preparing a financially feasible
plan, by establishing a concurrency management
system, by providing for appropriate minimum levels
of service for the necessary public facilities to
accommodate existing populations and future growth,
by coordinating local decisions relating to growth and
development, and by ensuring consistency with the
state, regional and county comprehensive plans.
2. The provisions of the elements adopted
by Ordinance No. 89-38 are declared to be the
minimum requirements n~sary to accomplish the
aforesaid stated intent, purpose and objectives of the
ordinance; and they are declared to be the minimum
requirements to maintain, through orderly 8rowth and
development, the character and stability of present
and future lam use am development in this city.
Nothing in this plan is to be construed to limit the
powers and authority of the City Commission of the
City of Boynton Beach to enact ordinances, rules or
regulations that are more restrictive than the
provisions of this plan.
3. Nothing in this comprehensive plan, or
in the lam development regulations adopted consistent
with its requirements shall be construed or applied to
as to result in an unconstitutional temporary or
permanent taking' of private property or the
abrogation of validly existing vested rights.
C. Adoption; elements. Pursuant to the Local
Government Comprehensive Planning and Land
Development Regulations Act, Section 163.3184,
et.seq., Florida Statutes, the City of Boynton Beach
hereby adopts the 1989 Comprehensive Plan of this
city, consisting of the following elements; Future
Land Use, Housing, Utilities (which includes the sub-
elements of Sanitary Sewer, Potable Water, Solid
Waste, Drainage am Natural Groundwater Aquifer
Recharge), Conservation, Recreation and Open Space,
Traffic Circulation, Coastal Management, Inter-
governmental Coordination am Capital Improvement.
D. Preemption. In the event that the 1989
Comprehensive Plan is more restrictive than existing
development regulations, the provisions of the 1989
comprehensive Plan shall prevail.
Sec. 8. Position of director of planning created;
appointment, tenure.
Pursuant to the charter of the city, there is
hereby created the classified position of director of
1997 S-6
6B Boj, nton Beach Code
planning, said position to be filled by appointment by
the city manager, said officer to serve at the pleasure
of the city manager.
Sec, 9. Duties, respomibiliries of director of
The duties and responsibilities of the director of
planning shall be:
A. To formulate and carry out technical'details
and phases of the general plan for the future
comprehensive development of the city. This shall
include supervising and directly, participating in the
performance of the specialized p'tanning activities and
research essential to the preparation of the general
plan. Incumbent shall be responsible for the
coordination and successful execution of studies and
programs. Work shall be performed under general
direction of the city manager.
B. To coordin/~e the above' plans with the
planning _and development board as appropriate.
C. To serve as principal agent of the city in all
contracted planning activities. This shall include
preparation of the scope of work of each contract, as
well as supervision of progress once contract is
D. To act as technical advisor to depa~huent
heads and similar officials on all planning matters.
'E. To perform related work as required or
directed by city manager.
ARTICLE H. ~RVED
ARTICLE IV. RF~ERVED
ARTICLE V. RESERVED
ARTICLE VI. CONCURRENCY
REQUIREbIENTS
Sec. 1. Short rifle, authority, intent and purpose.
A. Short title. This article shall be known and
cited as the "Boynton Beach Concurrency
Management Ordinance."
B. Authority. This article is adopted pursuant
to the authority granted to municipalities under
Article VIH, Section 2, Florida Constitution, Chapter
163, Florida Statutes, Rule 9J-5 and Rule 9J-5.0055,
Florida Administrative Code, and the City of Boynton
Beach Charter, which establish the right and power of
municipal corporations to provide for the health,
welfare, economic order, aesthetics, interest, safety
and convenience of existing and future residents,
employees, visitors, property owners and businesses
within the city by enacting and enforcing, among
other things;'a comprehensive plan, zoning and
subdivision regulations, and other land development
regulations.
C. Intent and purpose. This article is intended
to implement and be consistent with the City of
Boynton Beach Comprehensive Plan, Chapter 163
Florida Statutes, and Rule 9J-5 and Rule 9J-5.0055,
Florida Administrative code, in order to ensure that
public facilities are available to serve development
projects, as well as ail other persons and land uses
within the city, consistent with the levels of service
which are adopted in the city's comprehensive plan.
Sec. 2. Applicabmty.
A. Generally. Unless otherwise provided for in
this article, the requirements of this article shall apply
to all development orders or permits submitted after
the effective date, within the city, with respect to
maintaining the adopted level of service for potable
water, sanitary sewer, drainage, solid waste,
recreation, parks and road facilities.
B. Palm Beach County Traffic Performance
Standards Ordinance. The Palm Beach County
Traffic Performance Standards Ordinance shall
supersede this article in the case of all conflicts of
1997 5-6
Planninf and Development
such ordinance with this micle, including conflicts
where the Palm Beech County Traffic Performance
Standards Ordinance would be less res~ctive than
th]s article.
C. Mainmin~g levels of service in portions of
water or sewer s~vice are~ outside of city. For the
purpose of mainlining the ~opted levels of service
in those portions of the water or sewer service areas
for which the city provides such facilities, this article
shall apply, as appropriate, if a determination of
concurrency or similar action with respect to potable
water or sanitary sewer facilities is either required by
or requested from another local government. The
city may enter into an agreement with any such' local
government with respect to the administration or
enforcement of concurrency requirements fOr potable
water or sanitary sewer facilities, provided that such
agreement is consistent with Florida law.
D. Other laws of United States, the State of
Florida, and Palin Beach County. Nothing in this
article si,ail be construed to supersede any federal or
state laws, laws of Palm Beach County which apply
within the city, or any provisions of the City of
Boynton Beach Codes or Regulations which are not
specifically in conflict with this article, including any
such laws which concern the design, construction,
provision, operation, or utilization of, or connection
to public facilities.
E. Development orders, permits, or projects
approved by Palm Beach County, for land annexed
into city. If land is annexed into the city and, prior
to annexation, was subject to development orders,
permits or development projects approved by Palm
Beach County, then the development order, permit or
project shall continue to comply with the Palm Beach
County Adequate Public Facilities Ordinance with
respect to potable water, sanitary sewer, drainage,
solid waste, roads, parks and recreation facilities, as
said Ordinance applies to the last development order
or permit which was issued by Palm Beach County,
and any subsequent development orders or permits
which are issued by the city. However, the
developer, property owner or their agents may
request of the City Commission, that, upon
annexation, the property be subject only to the
requirements °f this article. For any land which is
subject to this paragraph, any land development
orders or permits which are issued by the city after
five (5) years of the date of annexation shall be
subject to the provisions of this article, unless an
appeal is granted in accordance with Section 13 or
Section 14.
Sec. 3. Reserved.
Sec. 4. Categories of development orders and
permits.
A. General.
1. The time limits specified in fl'~is section
for the expiration of development orders and permits
shall supersede any time limits set forth elsewhere in
these Land Development Regulations. Expiration of
a planned zoning district master plan, as set forth in
this article, however, shall cause the development
order for same to expire only with respect to
exemption determinations, certifications of
concurrency and conditional certifications of
concurrency, and shall not, by itself, cause the zoning
for the planned zoning district to expire.
2. All references to the "effective date" in
this section shall apply only with respect to
exemptions which are allowed in accordance with
Sections 10 or 14.
3. A "lot" shall be construed to be a
parcel which contains at least one whole lot which is
shown on a recorded plat or is part of an unrecorded
subdivision of land which has occurred.
B. All references to categories of development
orders or permits in this article shall mean
development orders or permits in accordance with the
following classification system:
1. 'A' Category developmem orders and
permits shall consist of development orders or permits
for the following types of development projects:
1997 5-6
6D
Boynton Beach Code
Al. Any construction of public
facilities, either prior to or after the effective date,
that are identified in the City of Boynton Beach or
Palm Beach County Comprehensive Plans.
A2. Any development project, either
prior to or after the effective date, which, in and by
itself, does not create demand for any public facility.
A3. The replacement of an existing
structure, either prior to or after the effective date,
where no additional demand for any public facility
would be created for non-residential uses, or no
additional dwelling units would be constructed for
residential uses, provided that an application for a
building permit for such replacement is submitted
within two (2) years of the date of the completion of
the demolition or removal of the previous structure.
A4. Any construction of public schools
by the school board of Palm Beach County, either
prior to or after the effective date.
AS. Any construction of a Single-
family detached or duplex dwelling on a lot lying
within a subdivision which was platted prior to
January 13, 1978, or on a lot lying within any other
subdivision which occurred, prior to the effective
date, where the current zoning is generally limited to
single-family or duplex dwellings.
A6. Any construction of a single-
family detached or duplex dwellings, either prior to
or after the effective date, where the subdivision and
subsequent development of the property would not
involve the creation of more than three (3) parcels
either at a single point in time or cumulatively since
January 13, 1978, for property lyin~ within the city
as of the effective date, or as of the date of the
application for annexation, for property annexed into
the city, for property annexed after tim effe~ive date.
AT. Any construction of additions or
improvements to existing dwelling units, either prior
to or after the effective date, provided that the
number of dwelling units is not increased.
A8. Any construction of structures for,
or establishment of, a nonresidential use, either prior
1997 S-6
to or after the effective date, which would generate
not more than five hundred (500) net vehicle trips per
day on a one-time or cumulative basis, within any
five-year period.
A9. Any platting, construction, or
conversion of residential uses, either prior to or after
the effective date, which would generate not more
than two hundred (200) net vehicle trips per day on a
one-time or cumulative basis, within any five-year
period.
Al0. Any additions to existing
nonresidential structures or uses, including
recreational and community facilities which are
accessory uses to residential uses, which would
generate not more than five hundred (500) vehicle
trips per day on a one-time or cumulative basis,
.within any five-year period.
All. The use of any structure or site
which was in existence, prior to the effective date,
regulations, including expansion of such use into
portions of the structure or site which are mardfestly
intended for such use, provided-that all such. uses
would be lawful under the city's zoning regulations.
Al2. Any subdivision platted after
January 13, 19/8, but prior to the effective date,
which has been bonded nnd the required
improvements have been constructed and accepted,
prior to the effective date, and at least one subdivided
parcel has been sold off to a different owner.
Al3. Any subdivision platted after
January 13, 19/8, but prior to the effective date,
improvements have been constructed and accepted,
prior to the effective date, but all, lots and parcels are
still under single ownership.
Al4. Any subdivision platted after
January 13, 1978, but prior to the effective date,
which has been bonded, and the twenty-one-month
limit for completion of bonded improvements has not
expired.
AlS. Any subdivision platted after
January 13, 1978, but prior to the effective date,
which has been bonded and the required
improvements are under construction, and the twenty-
Plam~n~ and Developmem Generally 7
one-month time limit for the completion of bonded
improvements has expired, but construction is still
proceeding in good faith, in the judgement of the city
engineer.
Al6. Any preliminary plat which has
been approved, prior to the effective date, and
application for permit from the Palm Beach County
Health Deparunent for the construction of utilities has
been approved, prior to the effective date, provided
that the final plat is submitted within one year of the
approval of the preliminary plat, and is recorded
within eighteen (18) months of the approval of the
preliminary plat.
Al7. Completion of any undeveloped
portion of a site plan or conditional use, a portion of
which had been built or was under construction, prior
to the effective date, or for which a building permit
was applied for or issued, and the building permit has
not expired according to the adopted building code.
Al8: Any devel6pment of regional
impact (DM), or a substantial deviation from a DRI,
which was submitted or approved prior to the
effective 'date, or development project within such
DRI. except that the provision of public facilities to
serve the project and the issuance of development
orders or permits may be limited in accordance with
the development schedule contained in the DRI
development order, application for a development
approval, or support documents for the application
for development approval or development order.
Al9. Any site plan or conditional use
approved, prior to the effective date, or any
development order which has been reviewed by the
community redevelopment agency and has 'received
final approval, prior to the effective date, provided
that a building permit is applied for within one year
of the date of approval of the site plan or other
development order listed in this paragraph.
A20. Any building permit issued, prior
to the effective date, provided that the permit has not
expired according to the adopted building code.
A21. Any revision to a previously
approved development order or permit, either prior
to or after the effective date, where such addition or
revision does not create additional demand for any
public facility.
A22. Any development order or permit
which was the subject of a court order regarding the
land use, zoning, planning, use, or development of a
parcel, and litigation was initiated prior to adoption of
the comprehensive plan. Development orders or
permits which are the subject of such court orders, or
subsequent development orders or permits which are
consistent with such court orders shall be exempt for
as long as the court order remains in effect.
2. "B" Category development orders and
permits shall consist of development orders or permits
for the following types of development project~:
BI. Any unplatted portion of
subdivision master plan approved, prior to the
effective date, and which is served by master sized
utilities, drainage facilities, or roads constructed as
part of a portion which was platted, or for which a
preliminary plat and Palm Beach County Health
Department permits were approved, prior to the
effective date. The rules set forth in this paragraph
shall also apply where the unplatted portion is
included in a boundary plat, and would be served by
master-sized utilities or roads, and replatting at a later
date is either intended or required.
B2. Any preliminary plat which is
approved, prior to the effective date, and which does
not have an approved permit from the Palm Beach
County Health Department for the construction of
utilities, as of the effective date, provided that a final
plat and Palm Beach County Health Department
permits are submitted within one year of the approval
of the preliminary plat, and if the plat is recorded
within eighteen (18) months of the approval of the
preliminary plat.
3. "C" Category development orders and
permits shall consist of development orders or permits
for the following types of development projects:
Cl. A subdivision platted after January
13, 1978, but prior to the effective date, has been
bonded and has been partially constructed, but has not
been accepted by the city, the twenty-one-month time'
limit for construction of bonded improvements has
8 Boyiiton Beach Code
expired, and construction is not proceeding in good
faith, in the judgement of the city engineer.
C2. An unplatted portion of a
subdivision master plan which has been approved,
prior to the effective date, which would not be served
by master-sized utilities, drainage .facilities, or roads
constructed as part of a portion which was platted, or
for which a preliminary plat and Palm Beach County
Health Department permits were approved, prior to
the effective date. The rules set forth in this
paragraph shall also apply where the unplatted
portion is included in a boundary plat, but would not
be served by master-sized utilities or roads, and
replatting at a later date is either intended or
required. '
C3. A subdivision master plan or
planned zoning district master plan which has been
approved, prior to the effective date, provided that
the preliminary plat for the project or the first phase
thereof is submitted within eighteen (18) months of
the date of the master plan approval..
permits
permits
projects:
4. "D" Category development orders and
shah consist of development orders or
for the following types of development
D1. Any project for which the
development order or permit is issued either prior to
or after the effective date, and which is not exempt
with respect to all public facilities according to the
criteria set forth in the "A", "B", or "C" categories
and Section 10, unless an appeal has been granted in
accordance with Section 14.
D2. A preliminary boundary plat, final
boundary plat, or recorded boundary plat, submitted
or approved either prior to or after the effective date,
which does not show all necessary easements and
dedications or is not connected to a definite plan for
the development of the property within the boundary
plat.
permits
permits
projects:
5. "E" Category development orders and
shall consist of development orders or
for the following types of development
El. Any project for which the
development order or permit has expired, according
to the criteria set forth for "A", "B',, "C", and "D"
Category projects, and applicable provisions of
Sections 9, 10, 12, 13 and 14.
E2. Any subdivision preapplication.
With respect to this article, approval of a subdivision
preapplication shall be construed only to be a finding
that property is suitable for platting and development
for the use which is proposed, and shall not be
construed to be a development order or permit for
which exemption may be determined or for which
concurrency may be certified.
E3. Any land use amendment or
rezoning petition, and any land use category or
zoning district, except for planned zoning district and
development of regional impact applications.
E4. Any project for which the
development order or permit, which, in and by itself,
would not establish a specific intensity or density of
Sec. 5. Minimum leve~ of service adopted for
public facilities.
The following levels of service are hereby
adopted and shall be utilized in the administration and
enforcement of this article. W~ere a conflict occurs
between the levels of service set forth in this article
and those which are set forth in the city's
comprehensive plan, the levels of service in the
comprehensive plan shall supersede those which are
set forth in this article.
The method for calculating the capacity of public
facilities, populations, levels of service, and all other
· numbers or ratios related to levels of service shall be
that which is utilized in the comprehensive plan
support documents, except where these methods have
been refined in this section and in accordance with
Section 7 of this article, or an appeal is granted in
accordance with Chapter I, Article VII, Section 2.
A. Potable water level of service shall mean the
capacity of potable water facilities to produce and
deliver not less than two hundred (200) gallons of
1997 S-$
Planning and Development Generally
potable water pel; capita, which shall be calculated by
dividing the maximum production capacity of the
city's water treatment facilities, on a maximum daily
flow basis, by the peak population which corresponds
to the number of dwelling units, lodging units and
beds in group quarters which are connected to the
city's water system.
B. Sanitary sewer level of service shall mean
the capacity of sanitary sewer facilities to treat and
dispose of not less than ninety (90) gallons of sewage
per capita, which shall be calculated by dividing the
maximum treatment capacity of the city's
proportionate share of wastewater treatment facilities,
on a maximum month average daily flow basis, by
the peak population which corresponds to the number
of dwelling units, lodging units and beds in group
quarters which are connected to the city's portion of
the sanitary sewer system.
C. Solid waste level of service shall mean the
capacity of solid waste transfer and disposal facilities
to process not less than seven and two-tenths (7.2)
pounds of solid waster per capita, which shall be
calculated by dividing the capacity of Solid waste
facilities, as defined by the Palm Beach County Solid
Waste Authority, by the resident population of the
county or portions of the county served by such
facilities. Until such time as all exemptions to
concurrency requirements are approved by the
appropriate local governments in Palm Beach County,
or the solid waste authority can verify that solid
waste facility capacity is available to serve any
particular development project, solid waste facilities
shall be construed to be available until the point in
time at which the Palm Beach County Solid' Waste
Authority reasonably projects that the capacity of
such facilities will be used up.
D. Drainage level of service shall mean that
drainage facilities for developmem projects shall be
designed for a three-year design storm for a duration
of the time of concentration for the watershed, for
development projects which are subject to South
Florida Water Management District design and/or
permitting requirements, and shall mean that drainage
facilities for all other development projects shall be
designed to accommodate the first hour of a three-
year storm on site.
E. Roadway levels of service shall mean the
average annual daily traffic levels for roadway linkz
and peak hour traffic levels for intersections, as set
forth in the Palm Beach County Traffic Performance
Standards Ordinance, except that, if said ordinance is
repealed or if exemptions or exceptions to said
ordinance are granted, the following levels of service
shall apply to the following roadway links:
1. Level of service "C" or bener under
daily and peak hour conditions on all unspecified city
local and collector highway facilities;
2. Level of service "C" for average daily
and level of service "D" for daily peak season and
year-round peak hour conditions on all nonspecified
arterial facilities;
3. Level of service "D' for year-round
daily and peak hour conditions on Seacrest Boulevard
south of S.E. 23rd Avenue; U.S. 1 between Boynton
Beach Boulevard and Woolbright Road; 1-95 through
the city; Boynton Beach Boulevard from Old Boynton
Road to 1-95; N.W. 22nd Avenue between Congress
Avenue and 1-95; Congress Avenue between Boynton
Beach Boulevard and N.W. 22nd Avenue; and for
Boymon Beach Boulevard east of 1-95;
4. Level of service "Maintain" for all
facilities where level of service standards have been
exceeded.
F. Recreation facilities levels of service shall
mean not less than the ratio of the number and/or size
of the particular type of recreation facility available to
the residents of the city, as defined by the recreation
and open space element support documents, to the
peak population which corresponds to the number of
dwelling units, lodging units and beds in group
quarters within the corporate limits of the city, as set
forth in Attachmem "A" to Ordinance No. 90-18.
Private recreation facilities which are provided as pan
of a development project may be used to satisfy the
requirements for maintaining the levels of service for
these facilities, if these facilities would meet the
adopted levels of service, as set forth in this
paragraph. For development projects which are
exempt, no existing private recreation facilities shall
be reduced in size and/or number, so as to cause the
level of service to be lower than those which are set
10 Boyhton Beach Code
forth in this paragrap~h, unless an appeal is granted in
accordance with Section 13 or 14.
G. District parks level of service shall mean
not less than the ratio of developed district park
acreage available to the residents of the city, as
defined by the recreation and open space element
support documents, to the peak population which
corresponds to the number of dwelling units, lodging
units and beds in group quarters within the corporate
limits of the city.
H. Neighborhood parks levels of service shall
mean not 'less than the ratio of developed
neighborhood park acreage available to the number of
peak season residents of the neighborhood or
development project, as follows:
1. For all residential development projects
that consist of more than one hundred (100) dwelling
units, that public or private parks or recreation areas
are available to residents, such that the ratio of any
such private parks or recreation areas to the number
of the peak season residents to is not less than two
and one-half (2.5) acres per thousand residents, or
the ratio of public park acreage to the number of
peak season residents within a walking distance of
one-half (0.5) mile or within the neighborhood, as
defined in the recreation element support documents,
is not less than two and one-half (2.5) acres per
thousand residents; and further provided that all
dwellings within the development project are not
more than one-half (0.5) mile walking distance from
a public or private park or recreation facility which
is available to the residents of the dwelling.
2. For all property which is annexed after
the effective date, and which was platted or
developed in the unincorporated area of Palm Beach
County, or that have received approval of
development orders or permits from Palm Beach
County, the level of service shall bo that which is
created by existing or approved public or private park
or recreation facilities which serve the property or
project exclusively, provided that no such level of
service shall be more stringent than that which is set
forth in subsection I above.
3. For all development projects which are
not subject to the requirements set forth in subsection
1997
1 or 2 above, the levels of service set forth in
subsection I above, or not less than the levels of
service for the neighborhood planning area as set
forth in Chapter 2, which shall be calculated as the
ratio of developed neighborhood park acreage to the
peak season population which corresponds to the
number of dwelling units, lodging units and beds in
group quarters within the neighborhood. For
development projects which are exempt, no existing
private recreation areas shall be reduced in area, so as
to cause the levels of service to be less than those
which are set forth in subsection 1 above, except if an
appeal is granted in accordance with Section 13 or
14.
I. The levels of service for potable water,
sanitary sewer, solid waste, and parks and recreation
facilities shall not be applied to development orders or
permits for non-residential uses, including hospitals,
since these levels of service are expressed in terms of
facility capacity, per capita. These levels of service
shall be applied, however, to development orders or
permits for lodging facilities and group quarters,' and
shall be applied to all new Developments of Regional
Impact and Substantial Deviations thereto, which are
approved after the effective date, where the land use
for such DRIs would be different than that which was
shown on the Future Land Use Map of the City or
Palm Beach County, as of the effective date.
(Ord. No. 96-50, § 1, 1-21-97)
Public facilities shaft be available for
development projects consistent with
adopted levels of service.
Except as provided elsewhere in this article, no
development order or permit which is submitted after
the effective date shall be approved, unless public
facilities are or will be available to serve the
· development project, such that the minimum levels of
se~wice se~ forth in Section 5 are maintained,
concurrent with the impacts of the development
project. For public facilities to be determined to be
available as such, the following conditions shall be
met, given the proposed timing, and phasing of the
development project:
A. For potable water, sanitary sewer, and solid
waste facilities, and primary drainage facilities or
any secondary drainage facilities which are required
Planning and Development Generally
11
improvements according to the subdivision and
platting regulations:
1. The necessary public facilities are or
will be in place at the time that any development
permits are issued; or
2. Any development permits which are or
will be issued will be subject to the condition that the
necessary public facilities will be in place when the
impacts of the development occur, meaning that, at
the time of issuance, such public facilities either
exist, a binding contract for the construction of same
has been executed, performance security for same has
been posted, or construction of same is scheduled in
the capital improvements program of any
governmental agency so as to be available when the
impact of development occurs and construction of
such facilities is financially feasible, based on
currently available revenue sources adequate to
complete such construction; or
B. The-necessary public facilities are or
will be under construction at the time that any
development permits are issued, and that, at the time
of issuance, such public facilities either exist, a-
binding contract for the construction of same has
been executed, surety for same has been posted, or
construction of same is scheduled in the capital
improvements program of any governmental agency
so as to be under construction when the development
permits are issued and construction of such facilities
is financially feasible, based on currently available
revenue sources adequate to complete such
construction; or
4. The necessary public facilities are
guaranteed in an enforceable development agreement
that is consistent with any of the provisions set forth
in subsection 1 through 3 above. An enforceable
development agreement may include, but is not
limited to, development agreements pursuant to
Section 163.3220, Florida Statutes, or an agreement
or development order issued pursuant to Chapter 380,
Florida Statutes. The agreement shall guarantee that
the necessary public facilities will be in place when
the impacts of the development occur.
B. For parks and recreation facilities,
concurrency requirements may be satisfied by
complying with the standards set forth in subsection
A.1 through 4 above, or by complying with the
following standards:
1. At the time a development permit is
issued, the necessary public facilities are the subject
of a binding executed contract which provides for
commencement of the actual construction of the
required public facilities within one year of the
issuance of the .development permit; or
2. The necessary public facilities are
guaranteed in an enforceable development agreement
which requires the commencement of the actual
construction of the public facilities within one year of
the issuance of the applicable development permit.
An enforceable development agreement may include,
but is not limited to, development agreements
pursuant to Section 163.3220, Florida Statutes, or an
agreement or development order issued pursuant to
Chapter 380, Florida Statutes.
C. For roads, the requirements set forth in
subsection (a) above shall be Satisfied if the
development order or permit complies with the Palm
Beach County Traffic Performances Standards
Ordinance. In the event that the Palm Beach County
Traffic Performance Standards Ordinance is repealed,
the conditions which apply shall be those which were
set forth in the most recent Palm Beach County
Traffic Performance Standards Ordinance which was
in effect in the City, except that any levels of service
for particular roadway links which are adopted in the
city's comprehensive plan shall apply to those links.
D. In determining whether public facilities are
available consistent with the requirements of this
s~ction and Section ~, the demand for such public
facilities which would be created by other
development orders and permits which are exempt, or
· for which certification of concurrency or conditional
certification of concurrency has been issued shall be
taken into account.
Adoption of methodology for determinin~
whether concurrency requirements are
met.
The City Commission may adopt, by resolution,
12 Boy~iton Beach Code
a methodology for determining whether the adopted
levels of service would be maintained upon approval
of development orders or permits, and how the
approval of such orders or permits shall be
conditioned so as to maintain the adopted levels of
service. This methodology may refine but shall not
be inconsistent with the provisions of Sections 5 and
6, or the levels of service as defined in the
comprehensive plan. This methodology shall be
considered to be an amendment to the comprehensive
plan support documents. Upon adoption, this
methodology shall be altered or amended only by
resolution.
.findings and necessary conditions of approval to the
planning director.
E. The Palm Beach County Traffic Engineer
shall review each application for area development
orders and permit which are subject to such review
according to the Palm Beach County Traffic
Performance Standards Ordinance, and the review and
approval of such development orders and permits
shall be in accordance with said ordinances. In
addition, the city may review each traffic impact
study in accordance with said ordinance. (Ord. No.
96-S0, § 2, 1-21-97)
Sec. 8. Admires' tration of article.
A. The planning director or his duly authorized
representative is hereby authorized to administer the
provisions of this ankle, except that the city manager
may designate other departments, officials, or
employees of the city to administer this article or any
portion thereof.
B. The planning director shall review all
applications for residential, development orders and
permits described in Section 9.D.1 for compliance
with the requirements of Sections 5 and 6, for the
purpose of determining whether the adopted levels of
service for solid waste, parks, and recreation facilities
would be maintained.
C. The city's development department shall
review all applications for development orders and
permits described in Section 9.D.1 for compliance
with the requirements of Sections 5 and 6, for the
purpose of determining whether the adopted levels of
service for drainage facilities would be maintained.
The development department shall transmit its
findings and necessary conditions of approval to the
planning director.
D. The city's utilities department shall review
all applications for residential development orders and
permits described in Section 9.D.I for compliance
with the requirements of Sections $ and 6, for the
purpose of determining whether the adopted levels of
service for potable water and sanitary sewer would be
maintained. The utilities department shall transmit its
Sec. 9. Procedures for certification or conditional
certification of concurrency,
A. General. In order to ensure that adequate
potable water, sanitary sewer, solid waste, drainage,
parks, recreation and road facilities are available
concurrent with the impacts of deveIopment on each
facility, the following procedures are hereby
established to ensure that no development order or
permit is issued unless there are adequate public
facilities available to serve the propos~ed development
project, or that the development order or permit is
conditioned on the availability of public facilities
concurrent with the impacts of development.
B. Exemptions, nonapplicability. The
requirements of this section shall not apply to
development orders and permits which are not defined
as such in Section 3, and shall not apply to
development orders or permits which are fully exempt
in accordance with Section 10 or 14.
C. Review to determine adequacy of public
facilities.
1. General. No development order or
permit as set forth in Section 9.D. l,a through c which
is submitted after the effective date or u'~s article
shall be approved without the simultaneous issuance
of a concurrency exemption determination,
certification of concurrency, or conditional
certification of concurrency for each public facility.
In no case shall land development be permitted to
proceed unless a development permit has been issued
for which certification of concurrency has issued.
1997 S-5
Planning and Development Generally
13
2. Rules of general applicability.
a. Timing. A land development
order or permit may be submitted for concurrency
review at any time during the year. For development
orders and permits which are required to be
submitted to the planning director according to
Section 9.D.I, the deadline for submittal of
applications to the planning director shall be thirty
(30) days prior to the regularly scheduled technical
review committee meeting which is prior to the
regularly scheduled planning and development board
meeting; except that where the development order or
permit is subject to the Palm Beach County Traffic
Performance Standards Ordinance, this deadline shall
be sixty (60) days. All deadlines and procedures
which are set forth elsewhere in this article shall be
construed to be amended as necessary, in order to
ensure compliance with the Palm Beach Countywide
Traffic Performance Standards Ordinance.
b. Assignability and transferability.
An exemption determination, certification of
concurrency, or conditional certification of
concurrency shall be assignable within a development
project, but shall not be assignable or transferable to
any other development project.
c. Phasing. In determining whether
a certification of concurrency or conditional
certification of concurrency would comply with the
requirements of Sections 5 and 6, the planning
director may consider the phasing of development
and its coordination with public facility capital
improvements for a period of up to five (5) years, or
for a longer period of time if approved as a part of a
development agreement. Any such phasing plan shall
be a condition' of the approval of the development
order or permit.
d. Categories of development orders
and permits for which concurrency may be certified
or conditionally certified.
(I) Potable water. Certification
of concurrency or conditional certification of
concurrency for potable water facilities shall be
issued only for "A" category development orders and
permits, as defined in Section 4.
(2) Sanitary sewer. Certification
of concurrency or conditional certification of
concurrency for sanitary sewer facilities shall be
issued only for 'A" category development orders and
permits, as defined in Section 4.
(3) Drainage. Certification of
concurrency or conditional certification of
concurrency for potable water facilities shall be made
only for "A", "B", 'C" and ~D" category
development orders and permits, as defined in Section
4.
(4) Solid waste. Certification of
concurrency or conditional certification of
concurrency for solid waste facilities shall be issued
only for "A" category development orders and
permits, as defined in Section 4.
(5) Neighborhood parks.
Certification of concurrency or conditional
certification of concurrency for neighborhood park
facilities shall be issued oniy for "A", ~B", ~C~ and
"D" category development orders and permits, as
defined in Section 4.
(6) District parks. Certification
of concurrency or conditional certification of
concurrency for district park facilities shall be issued
only for "A" category development orders and
permits, as defined in Section 4.
(7) Recreation facilities.
Certification of concurrency or conditional
certification of concurrency for recreation facilities
shall be issued only for ~A" category development
orders and permits, as defined in Section 4.
Id. 1.] Expiration and effect.
concurrency
concurrency.
Expiration of certification of
and conditional certification of
Certification of concurrency shall
be valid for the life of the development order or
permit as defined in Section 4, and shall be valid for
the life of all subsequent development orders and
permits, provided that neither the original or
subsequent development orders or permits have been
14
Boynton Beach Code
allowed by the applicant to expire. Expiration of
development orders and permits shall be der'reed by
the time limitations set forth in Section 4. If the
development order or permit is in a category for
which concurrency cannot be certified for all public
facilities, the applicant shall submit, prior to the
expiration date of the development order, an
application for a development order Or permit for
which the remaining public facilities for which a
certification of concurrency or conditional
certification of concurrency can be issued; otherwise,
all certifications of concurrency and conditional
certifications of concurrency shall expire. Time
extension for certifications in such cases may be
granted only in accordance witlrSection 12.
If a project has received
certification of concurrency for some public facilities,
and has received conditional certification of
concurrency for other public facilities, any of which
are to be constructed by a goverr~.ent~ agency or
pursuant to a valid-~tevelopment order or permit
issued to others, then all such certifications shall be
valid until such time as the public facilities which are
to be constructed by others or by government
agencies are available, such that a certification of
concurrency for said public facilities can be made. In
such cases, the applicant shall file a written request to
renew the certification of concurrency or conditional
certification of concurrency, prior to the expiration
date of the development order or permit, and
thereafter on a yearly basis, prior to the anniversary
of the expiration date of the development order or
permit.
If a project has received
concurrency certification for some public facilities,
and conditional for other public facilities all of which
are to be constructed by the developer, then all such
certifications shall be valid only until the expiration
date of the development order or permit. Time
extensions beyond any such expiration date for any
certifications of concurrency or conditional
certifications of concurrency may be approved only
in accordance with Section 12.
After the point in time at which
certification of concurrency is issued for all public
facilities, the life of the development order or permit
shall be that which is specified in Section 4, and time
extensions for such certification, beyond the
expiration date of the development order or permit,
may be approved only in accordance with Section 12.
Any certification of concurrency or
· conditional certification of concurrency for potable
water or sanitary sewer facilities shall be contingent
upon the developer paying a reservation fee for same,
in accordance with Chapter 26 of the City's Code of
Ordinances, within thirty (30) days of the approval of
the development order or permit. If the reservation
fee is not paid within this time, then certification of
concurrency or conditional certification of
concurrency shall expire, unless a time extension is
granted in accordance with Section 12.
e, Effect.
(1) Certification of concurrency.
Receipt of certification of concurrency shall constitute
proof that public facilities are or will be available,
consistent with the adopted levels of service set forth
in Section 5, and the conditions set forth in Section 6,
and shall specify the public facilities which are to be
cOnstructed, timing of construction, and responsibility
for construction. Certification of concurrency shall
reserve capacity in the public facilities which are
available, until the certification of concurrency
expires.
(2) Conditional certification of
concurrency. If a certification of concurrency cannot.
be issued for any particular public facility then the
development order or permit may be issued a
certification of conditional concurrency, if there is
reasonable, likelihood that the necessary public
facilities would be provided by the developer, a
governmental agency, or by other developers. The
conditional certification of concurrency shall specify
the public facilities which are to be constructed,
timing of construction, and responsibility for
construction. A conditional certification of
concurrency shall reserve capacity in the public
facilities which shall be specified as such, until the
conditional certification of concurrency expires.
L Amendment of certification. An
amendment to a certification of concurrency or
conditional certification of concurrency shall be
required in order to amend any development order or
planning and Development Generally
permit for whic~such certification has been made, if
the amendment would increase or decrease the
demand for any public facility. The amendment of
the certification shall require evaluation and
reservation of capacity only for any additional
demand for public facilities which would be created
by the amendment to the development order or
permit. Furthermore, the amendment of the
certification shall be approved if the amendment to
the development order or perrmt is exempt from
concurrency requirements in accordance with Sections
14 and 10.
g. Effect of development agreement
in conjunction with certification of concurrency or
conditional certification of concurrency. A developer
may enter into a development agreement with the
City of Boynton Beach, in conjunction with the
approval of the development order or permit and
issuance of certification of concurrency or conditional
certification of concurrency, in order to meet the
conditions for the issuance of development permits
which are set forth in Section 6. The effect of the
development agreement shall be to bind the city and
the developer pursuant to the terms of the
development agreement for the duration of the
agreement. Any public facility which is included in
the five-year schedule of capital improvements in the
city's CIE and which is included in the development
agreement shall not be delayed, deferred, or removed
from the five-year schedule of capital improvements
set forth in the CIE, provided, however, that the
development agreement may state that the capital
improvement may be deferred for up to one year.
The city may delay, defer or remove a capital
improvement from the five-year schedule in such
~ases only if the level of service in the
comprehensive plan is amended accordingly, and all
development agreements shall include a provision for
D. Procedure for review of land development
orders and permits for compliance with this article.
I. Submission of development order or
permit to planning director. For each of the
following development orders and permits listed
below for which an application is submitted to the
city after the effective date, either a copy of the
application shall be submitted to the planning
director, or the planning director shall be notified by
the appropriate city department that the application
has been received:
a. All development orders; and
b. All subdivision final plats; and
c. All development permits which are
not fully exempt, in accordance with Section 10 or
Section 14, or for which certification of concurrency
has not been issued for all public facilities.
2. Application requirements. Before
processing, all such development order or permit
applications shall be substantially complete and shall
include the following:
a. For nonresidential uses, the gross
square footage and type of uses that would occupy
such floor area.
b. For nonresidentialusesl the square
footage and type of use, for any exterior uses which,
in and by themselves, would create demand for public
facilities.
c. For residential uses and lodging
facilities, the number and type of dwelling units or
lodging facilities; and, in the case of group qua~ers,
the number of beds.
d. For applications for which the
development project would generate more than five
hundred (500) net vehicle trips per day, a traffic
impact study shall be submitted which shall comply
with the requirements of the Palm Beach County
Traffic Performance Standards Ordinance, unless the
development project qualifies as a 'previous
approval" under the terms of said ordinances. All
applications which generate five hundred (500) or
more gross vehicle trips per day shall include a
calculation of the number of net vehicle trips.
e. The proposed timing of the
project, and ph~ing plan for the project, if any.
3. Determination of completeness. The
planning director shall initiate review of the
application upon receipt of same, and shall determine
16 Boynton Beach Code
whether the applicatibn is complete with respect to
this article, and. includes data necessary to evaluate
the application, within ten (10) days of receipt. If it
is determined that the application is not complete, the
applicant shall be notified of the deficiencies. The
planning director shall take no further action on the
application unless the deficiencies are remedied. For
applications which were submitted to other city
depa~t~uents or other governmental agencies, the
planning director shall notify the city department or
other governmental agency which had sent the
application or notice of same to the planp3ng director.
For applications which were submitted directly to the
planning department, the planning director shall
notify the applicant directly.
4. Review and recommendation of city
departments and service providers. Within two (2)
days of the day on which the planning director
determines that the application is complete, the
application shall be fonvarded to the utilities
department for all residential development orders and
permits, the engineering department for all
development orders and permits, and the Palm Beach
County Engineer for development orders and permits
which are subject to the Palm Beach County Traffic
Performance Standards Ordinance; however, if the
application originated'from either the utilities or
engineering department, the planrd'ng director shall
only notify that department that the review of the
application for compliance with this article shall
5. Decision. by planrting director.
a. Determinationofnonapplicability.
The planning director may determine that the
application is not a development order or permit, as
defined in Section 3. In such cues, no' further action
by the planning director or by the city shall be
required.
b. Exemption determination. The
planning director may determine that the application
is for a development order which is exempt, in
accordance with Section 10, for any public facility.
In such cues, the planning director shall issue an
exemption determination for such public facilities and
shall proceed in accordance with subsection c below
with respect to any public facilities for which the
development order or permit is not exempt.
c. Certification of concurrency.
Within fifteen (15) days receipt of a statement from
the utilities department, engineering department, and
Palm Beach County Engineer, as required, the
planning director shall review that statements and the
application, and determine whether the application
complies with the requirements of Sections 5 and 6.
For development orders, certification of concurrency
shall be issued only if the development order is
conditioned upon development permits not being
issued unless the conditions set forth in Section 6 are
met. If the application complies with the above
requirements for all public facilities, the planning
director shall issue a certification of concurrency.
The certification of concurrency shall specify the
public facilities which are to be constructed, timing of
construction, and responsibility for construction. If
de planning director determines that the application
fails to meet the requirements of this subsection, the
applicant shall be notified of such deficiency, and the
planning director shall determine whether a
conditional certification of concurrency may be
issued.
d. Conditional certification of
concurrency. If a certification of concurrency carmot
be issued for any particular public facility then the
development order or permit may be issued a
certification of conditional concurrency, if there is
reasonable likelihood that the necessary public
facilities would be provided by the developer, a
government agency or by others. The conditional
certification of concurrency shall specify the public
facilities which would be necessary to serve
development project, in order to maintain the adopted
levels of service. The conditional certification of
concurrency shall also specify timing of construction,
and responsibility for construction for these public
facilities.
Sec, 10. Exemptions.
A. General rules concerning exemptions:
1. "Exemption" or "Exempt" shall mean
that neither the city nor the applicant shall be required
to demonstrate that the particular development order
Planaiag aud Devdopment Generally
17
or permit complies with the concurrency
requirements set forth in Sections :5 and 6 would be
met, that certification of concurrency or conditional
certification pursuant to Section 9 shall not be
required as a condition of the approval or continued
validity of the development order or permit, and that
concurrency certification shall not be required in
order for the development project to proceed,
provided that the conditions set forth in subsection 2
below are met.
development order or permit, including expiration
dates.
7. The expiration of exemPtions shall be
timed from the date of the most recent approval, time
extension, revision, modification, or amendment of
the particular development order or permit which was
granted prior to the effective date, or which was
submitted prior to the effective date and subsequently
approved.
2. A development order or permit shall
continue to be exempt and may proceed to the next
stage of the development approval and permitting
procedure for as long as de~,elopment proceeds or is
completed in good faith as defined by the expiration
criteria set forth in Section 4.
8. An exemption shall not be construed to
relieve any other lawful requirements related to
provision of public facilities, or to nullify conditions
of approval of the development order or permit which
are related to the provision of public facilities or other
improvements.
3. "Effective date" with respect to
exemptions shall mean February 1, 1990, with
respect to concun'_ency requirements for roads, and
shall mean .lune 1, 1990, with respect to concurrency
requirements for all other public facilities.
4. Substantially complete applications for
developmem orders or permits which were submitted
to the city prior to the effective date shall have the
same exemption status as development orders or
permits which were approved prior to the effective
date. The determination of whether an application is
substantially complete shall be solely within the
judgement of the appropriate city department,
agency, official, or employee to which the application
is submitted, except that the city manager may review
any such determination and substitute his own
determination.
:5. Development orders or permits, other
than those which are listed in Section 10.B, and
which create demand for public facilities, may be
determined to be exemPt if an appeal is fried and
granted in accordance with Section 14. The
development order or permit in question shall be
similar in nature to one of the categories of
development orders or permits which is exempt.
6. Development orders or permits which
are accessory to an exempt development order or
permit set forth shall be construed to be exempt in
accordance with the rules that apply to the principal
B. Exempt development orders and permits:
'1. All development orders and permits and
only those which are listed as "A" category
development orders or permits in Section 4 shall be
exempt from concurrency requirements set forth in
Sections :5 and 6, with respect to maintaining adopted
levels of service for potable water, sanitary sewer,
solid waste, recreation and district parks facilities.
2. All development orders and permits and
only those which are listed as "A", "B" or
category development orders or permits in Section
shall be. exempt from the concurrency requirements
set forth in Sections :5 and 6, with respect to
maintaining adopted levels of service for drainage,
road and neighborhood parks facilities.
C. Exemption rules which are specific to
particular types of public facilities: The following
rules shall apply to exempt development orders and
permits, with respect to particular types of public
facilities:
1. Potable water facilities. The exemption
rules set forth in this section shall also apply where a
determination of exemption is required of or
requested from the city for development projects
located outside the corporate limits of the City of
Boynton Beach but are located within the city's water
service area. The type of development order or
permit issued by the City of Boynton Beach which is
18
Boynton Beach Code
most similar to the type of development order or
permit issued by the other local government shall be
used in such cases to determine the exemption
category and status.
2. Sanitary sewer facilities. The
exemption rules set forth in this section shall also
apply where a determination of exemption is required
of or requested from the city for projects located
outside the corporate limits of the City of Boynton
Beach, but are located within the city's sewer service
area. The type of' development order or permit
issued by the City of Boynton Beach which is most
similar to the type of development order or permit
issued by the other local government shall be used in
such cases to determine the exemption category and
stares.
3. Drainage facilities. Exemption of a
development order or permit from the concurrency
requirements set forth in this article shall not relieve
the obligation of applicant for development order or
permit to obtain necessary permits or other approyals
from Lake Worth Drainage District, South Florida
Water Management District or the city, and to
comply with applicable laws, policies and permit
conditions which are administered by these agencies.
Furthermore, all exempt development orders or
permits shall be subject to any permits or approvals,
and conditions attached thereto, which were issued
for the particular development order or permit'by the
South Florida Water Management District, Lake
Worth Drainage District ot city.
4. Solid waste facilities. Reserved..
5. ' Recreation facilities. For development
projects which are ex~npt, no existing private
recreation facilities shall be reduced in size or
number below the levels of service which are set
forth in Section 5, exc~t in accordance with Sections
14 or 15.
6. District park facilities. Reserved.
7. Neighborhood park facilities.
a. For exempt development projects.
For development projects which are exempt, no
existing private recreation or park areas shall be
reduced in size such that the level of service would be
reduced below that which is set forth in Section 5,
except by an appeal granted in accordance with
Sections 14 or 15.
· - b. For annexed development projects,
For development projects which were approved in
Palm Beach County and subsequently annexed, and
which are exempt, no existing private recreation or
park areas shall be reduced in size such that the level
of service would be reduced below that which is set
forth in Section 5, except by an appeal granted in
accordance with Sections 14 or 15.
8. Roads.
a. All "A", "B" and "C" category
projects shall be exempt, and shall be construed to be
projects with "previous approval" in accordance with
the Palm Beach .County Wide Traffic Performance
Standards Ordinance.
. b. All exempt development orders
and permits shall be required to provide traffic
improvements in accordance with the conditions of
the approval of the development order or permit.
c. All complete applications for
development orders or permits which were received
after November 7, 1989 and before February l,
I990, and which included an application for rezonin8
shall be required to comply with the provisions of
Chapter 2, Section 9.C.4.h.(5) of the City of Boynton
Beach Land Development Regulations, except that the
levels of service for roadway links shall be those
which were set forth in the city's comprehensive plan
during this time period.
Sec. 11. Concurrency reyiew board.
A. Reserved.
B. Reserved.
C. Concurrency review board. A concurrency
review board is hereby established, which shall
consist of the utilities director, the recreation and
parks director, the public works director, the planning
director and the director of development; or their duly
Plazmi~ and Development Generally 19
authorized repreSentatives. The city manager may
include himself and/or the city attorney on this board,
at the discretion of the city manager, either
permanently or for the purpose of reviewing
particular applications. A quorum of this board shall
consist of three (3) members, and all actions by the
board shall be by simple majority vote, unless.the
votes are evenly split, in which case, the vote of the
board shall simply be transmitted to the planning and
development board. The concurrency review board
or its members may consult with the city attorney,
city manager and any other government officer or
agency involved with the provision or regulation of
public facilities, as well as the state land planning
agency and the regional planning council, with
respect to any matter which is to be considered by the
board.
D. Ail actions by the concurrency review
board, city manager, planning and development board.
and City Commission with respect to an appeal shall
be based upon applicable provisions of Florida law,
the city's comprehensive plan, other applicable
provisions of the city's Land Development
Regulations, the provisions of this article, the plans,
programs, and regulations of those agencies which
provide or regulate public facilities, accepted
engineering principals, and applicable criteria set
forth in Sections 13 or 14.
E. Reserved.
F. The concurrency review board shall review
each appeal with respect to the criteria set forth in
Section 11 .D, and shall forward its recommendation
as well as the vote of each of its members to the
planning and development board, and shall notify city
manager of its recommendations. Any action by the
concurrency review board may be appealed as
outlined in Chapter 1, Article VII, Section 2.
G. Duties.
1. Hear and decide appeals of
administrative decisions or determinations denying
certificate of concurrency and/or a conditional
certificate of concurrency.
2. Hear and decide appeals for time
extensions to a certificate of concurrency or
conditional certificate of concurrency.
3. Hear and decide appeals when a
determination is made that a particular development
order or permit is not exempt from concurrency
requirements.
(Ord. No. 96-50, § 3, 1-21-97)
Sec. 12. Reserved.
Sec. 13. Reserved.
Sec. 14. Certification of concurrency or exemption
upon request.
Any property owner, contract purchaser,
developer or prospective developer, or their agent,
may, with the written consent of the property owner,
request the planning department to certify that the
development order or permit for the property is
exempt from the concurrency requirements', or is not
exempt but otherwise complies with such
requirements, with the following exceptions:
A. Any development order or permit has been
issued or is contemplated for a single-family or
duplex lot located within a subdivision plat which was
recorded prior to January 13, 1978; and
B. Any development order or permit which has
been issued or which is contemplated on property
lying within any recorded subdivision plat for which
the on-site water, sewer, paving and drainage
improvements have been accepted by the city, or the
twenty-one-month time limit for the completion of
' such improvements has not expired; and
C. Any structure which has received a
certificate of occupancy or is otherwise lawfully
occupied; and
D. Any site plan or conditional use for which
less than one year has passed since the approval date
of same; and
1997 S-5
20 Boynton Beach Code
E. Any property, use of property, or structure
for which a development order or permit has not
been issued or applied for.
For the development orders and permits listed under
subsections A through E above the plan.~ng
department shall not be required to provide a written .-
exemption determination, or is not exempt but
otherwise complies with the city's concurrency
requirements.
Sec. 15. Reserved.
1997 S-5
Chapter 2
ZONING
Sec. 1. Definitions of terms.
Sec. 2. Scope and authority of the zoning
regulations,
Sec. 3. Regulations and map.
Sec. 4. General provisions.
Sec. 5. Residential district regulations and use
provisions.
Sec. 6. Commercial district regulations and use
provisions.
Sec. 7. Planned industrial development district.
Sec. 8. M-1 industrial district regulations and use
provisions.
Sec. 9. Administration and enforcement.
Sec. 10. Reserved
Sec. 11. Supplemental regulations,
Sec. 11.1.Nonconforming uses and structures.
Sec. 11.2.Conditional uses.
Sec. 11.3.Environmental review permits.
Sec. 12. Interpretation and purpose.
Sec. 13. Existing bulkhead line ratified and
confirmed.
Sec. 14. Bulkhead line; permit required for land
filling.
Sec. 15. Conflict of interest.
Sec. 16. Bed and breakfast
Sec. 1. Def'mitions of terms.
GENERAL DEFINITIONS. All words used in the
present tense shall include the future tense; All
words in the singular number shall include the plural
number; and all words in the plural number shall
include the singular number urdess the natural
construction indicates otherwise; the words "used
for" shall include the meaning "designed for," the
word structure shall include the word "building," the
word "lot" shall include the words "plot and tract,"
and the word "shall" is mandatory.
Sec. 2. Scope and authority of the zoning
regulations
A. SCOPE. This zoning regulation is a
comprehensive zoning regulation for the City of
Boynton Beach, Florida; dividing the city into
districts and establishing the boundaries thereof;
regulating and restricting the erection, construction,
reconstruction, alteration, repair, or use of buildings,
structures or land or water; regulating and restricting
the height, number of stories, and size of buildings
and other structures; regulating and restricting the
percentage of lots that may be occupied; regulating
and restricting the size of yards, courts, and other
open spaces; regulating and restricting the density of
population; regulating and restricting the location or
use of buildings, structures, and land and water for
trade, industry, residence, agriculture, and other
purposes; defining certain terms herein used;
providing for the administration, enforcement and
amendment of this regulation; establishing and
defining the powers and duties of the planning and
development board; establishing and defining the
powers and du. ties of the board of adjustment; setting
penalties for violation of this zoning regulation and
authorizing resort to other remedies to prevent or
abate violation; p~:oviding that this zoning regulation
shall supersede any previous zoning ordinance or
resolution; and for other purposes.
B. AUTHORITY. Pursuant to the provision of
the charier of the City of Boynton Beach, Florida, the
City Commission of the City of Boynton Beach,
Florida, has adopted and hereby declares the intent to
utilize the "Official Zoning Regulations" (together
with the official zoning map) for the betterment of the
city as so entrusted to them.
Sec. 3. Regulations and map.
This set of regulations together with the official
zoning map with explanatory matter thereon, shall be
known, used and may be cited as the "Official Zoning
Regulations of the City of Boynton Beach, Florida,
Palm Beach County."
A. OFFICIAL ZONING MAP.
1. Adoption. The district boundaries
hereinafter set forth and delineated on the official
zoning map, including all explanatory matter thereon,
1999 S-10 1
2 Boynton Beach Code
is hereby adopted. The official' zoning map shall be
identified by the signature of the mayor, attested by
the city clerk, dated, and bearing the seal of the city,
certifying it as part of the official zoning regulations.
2. Replacement. If the official zoning
map needs to be replaced, the City Commission may
by ordinance adopt a new official zoning map which
supersedes the prior official zoning map.
3. Establishment of zoning districts:
The City of Boynton Beach is hereby
divided into zoning-districts as follows and as
delineated on the official zoning map which, together
with all explanatory matter thereon, is hereby
declared a part of the official zoning regulations:
R-l-AAA
R-1-AAB
R-I-AA
R-i-A
R-1
R-2
R-3
C-1
C-2
C-3
C-4
CBD
PUD
PCD
PID
M-1
PU
REC
AG
Single-family residential district
Single-family residential district
Single-family residential district
Single-family residential district
Single-family residential district
Single- and two-family residential
district
Multiple-family residential district
Office and professional district
Neighborhood commercial district
Community commercial district
General commercial district
Central business district
Planned unit development district
Planned commercial development
district
Planned industrial development
district
Industrial district
Public usage district
Recreation
Agriculture
4. Changes in district boundaries. In
accordance with the provisions of these official
zoning regulations, applicable provisions of the
charter of the City of Boynton Beach, and applicable
provisions of Chapter 163 of Florida Statutes,
changes may be made in district boundaries or other
matter portrayed on the official zoning map by action
of the City Commission of Boynton Beach. Within
thirty (30) days after the passage and the receipt of a
1998 S-7 Repl.
properly attested copy of a change or an amendment
by ordinance, the planning director or development
director shall make the proper change on the official
zoning map and shall keep on file the copy of the
change and make same available for reference for the
general public.
5. Rules for interpretation of district'
boundaries.
a. Extent of district boundaries: The
zoning within any district ex/ends throughout the
entire area of the district unless otherwise specifically
provided.
b. Boundary locations: District
boundaries follow lot lines, centerlines of right-of-
ways of streets, alleys, railroads, canals, lakes, the
corporate limits as they exist at the time of this
document, or other geographical or topographical
features. ~'
In unsubdivided property, unless
dimensioned, lines shall be .determined by the use of
the scale on the map.
c. Boundaries following waterway
shorelines. District boundaries will follow changes ir/
shorelines, except where such interpretation would
change the zoning classification of a lot or parcel, and
in each case, the interpretation shall avoid changing
the zoning of any lot or parcel. Submerged lands
shall assume the regulations of the district adjacent as
the district shall be construed to extend into the water
area in a straight projection until met centerwise by
other districts.
d. Boundaries concerning abandon-
ment. If the boundaries are not changed, the zoning
of the property abutting shall extend into and to the
centerline or to such ownership line as can:be deter-
mined of the property abandoned.
e. Boundaries and zoning. Boundaries
and zoning of all lands annexed into the city shall be
determined at the time of annexation.
f. Boundary variations. Where
there are variations or where the actual location on
the ground differs from the mapped location, the
Zoning 3
interpretation shall be to avoid changing the stares of
any lot or parcel, or the interpretation shall be made
by the planning director and/or the planning and
development board and'City Commission as to the
intent and purpose of these official zoning
regulations.
e. Public street frontage. Each shall
be erected on a lot which abuts or has access to a
public or private street, road or easement for ingress
or egress. Such access shall be of adequate width to
suite the use of the property and shall meet the
requirements of the city.
g. Division of a lot of record. If a
division of a lot of record makes impractical the
reasonable use of land, the extension of either portion
may be permitted as an exception beyond a district
line to a determined extent or into the remaining
portion of a lot upon approval by the planning and
development board and the City Commission.
6. Application of district regulations. The
regulations set by the zoning regulations within each
district shall be minimum or maximum limitations, as
appropriate to the case, and shall apply uniformly to
each class or kind of structure, use, or land or water
except as hereinafter provided:
a. Use. No building or structure or
land shall hereafter be used or occupied, and no
building or structure or part thereof shall be erected,
constructed, reconstructed, moved or altered except
in conformity with the regulations herein specified for
the district in which it is located.
b. Height and density. No building
shall hereafter be erected, constructed, reconstructed
or altered to exceed the requirements of the defined
zones.
c. Yards and other spaces. No part
of a yard or other space or the off-street parking or
loading space required about any building for the
purpose of complying with the provisions of this
ordinance shall be included as part of the yard or off-
street parking or loading space required for another
building.
d. Limitation on number of principal
buildings on lots in residential areas. Except as
hereinafter provided, only one (1) principal
residential building, and its customary accessory
buildings, except for multi-family buildings and
cluster development, may hereafter be erected on any
lot.
7. Application of zoning regulations and
adopted plans or design guidelines. Where the
adopted comprehensive plan for the city, adopted
plans for the development or redevelopment of
particular areas of the city or adopted design
guidelines include policies which impose limitations
or requirements on the use or development of
property generally or for specific properties, which
are more restrictive than those set forth in these
zoning regulations, including district regulations and
use provisions, including policies which limit the type
or intensity of use of property, residential densities,
or the height, setbacks, bulk, or design of structures,
or site design, the more restrictive limitations or
requirements set forth in such adopted guidelines or
plans shall supersede the provisions of these zoning
regulations.
8. Application of zoning regulations and
other regulations.
Where other use or development
regulations are more restrictive than those set forth in
these zoning regulations, or in the case of conflict
between specific provisions contained in these zoning
regulations, including regulations which limit the type
or intensity of use of property, residential densities,
the height, setbacks, bulk, or that regulate site design,
the more restrictive regulations shall apply.
Sec. 4. General provisions,
A. ONE PRINCIPAL BUILDING PER LOT.
Within single-family residential districts only one (1)
principal building and its accessory building shall
occupy or be constructed upon any lot or lots or
portions of lots that may be combined to meet the size
required for each district.
B. ACCESSORY BUILDINGS. Accessory
buildings in residential districts shall be constructed to
conform with the minimum building and site
regulations that are generally applicable in the district
4 Boynton Beach Code
where the building is to be located, provided,
however:
1. All acceSSory b'aildings shall be located
only in the side or rear yard at least twelve (12) feet
from the principal building; and
2. Detached storage structures of any type
construction not exceeding one hundred (100) square
feet in floor area and seven (7) feet in height may be
erected to a point at least three (3) feet from the side
property line and/or at least three (3) feet from the
rear property line providing no easement rights are
abridged.
and their necessary mechanical appurtenances may be
erected within a structure or on top of the structure,
above the district height limitations provided herein,
after obtaining approval of the City Commission
based on their consideration of the standards for
evaluating exceptions to district height regulations set
forth in paragraph 3 below.
3. In considering an application for
exception to the district height regulation, .the City
Commission shall make findings indicating the
proposed exception has been studied and considered
in relation to the following standards, where
applicable:
C. BUILDING FRONTAGE. Every principal
building shall be located on a lot or a publicly
dedicated, accepted and maintained street or private
street which conforms to accepted street standards of
this city.
D. THROUGH LOTS (DOUBLE
FRONTAGE). On through lots, the required from
yard shall be provided on each street.
a. Whether the height exception will
have an adverse effect on the existing and proposed
land uses.
necessary.
b. Whether the height exception is
c. Whether the height exception will
severely reduce light and air in adjacent areas.
E. VISUAL OBSTRUCTIONS. No fence,
sign, planting, hedge, shrubbery, wall or other visual
obstruction shall be created or maintained with a
height greater than two feet six inches above the
street level, within twenty-five (25) feet of the
intersection of the right-of-way lines of two (2)
streets, in any zone, except that open chain-link type
fences may be a maximum of four (4) feet and kept
visually clear.
F. HEIGHT LIMITATIONS AND
EXCEPTIONS
I. No portion of any structure intended to
be utilized for residential, commercial or industrial
purposes within the municipal limits of the City of
Boynton Beach, Florida, shall exceed the height of
forty-five (45) feet above the minimum finished floor
as required by the building code, except as noted
below.
2. Water, cooling and fire towers, radio
and television towers of commercial nature, church
spires, domes, cupolas,' flagpoles, electrical and
mechanical support systems, and similar structures,
d. Whether the height exception will
be a deterrent to the improvement or development of
adjacent property in accord with existing regulations.
e. Whether the height exception will
adversely affect property values in adjacent areas.
f. Whether the height exception will
adversely influence living conditions in the
neighborhood.
g. Whether the height exception will
constitute a grant of a special privilege to an
individual owner as contrasted with the public
welfare.
ho
been presented
exception.
Whether sufficient evidence has
to justify the need for a height
i. The City Commission may, in
connection with processing of application for
exception hereunder, refer same to the planning and
development board for recommendation.
1999 S-11
Zoning 5
4. In residential zones, freestanding
television and citizens' band broadcasting antennae
may not exceed twenty-five (25) feet in height, and
no freestanding anterm:~' may be constructed within
the building setback lines. Roof-mounted or wall-
supported antennae may exceed the maximum district
height regulation by ten (10) feet; but in no instance,
may an antennae exceed the roof line height by more
than fifteen (15) feet.
a. With respect to private community
antenna systems as defined in this code, the aforesaid
twenty-five (25) feet height regulation shall not apply.
In the instance of private community amenna
systems, a receiving antenna may not exceed forty-
five (45)feet in height unless an exception is granted
by the City Commission, and no part of any
receiving antenna may encroach in any setback.
5. In residential zones, freestanding
transmitting antennae are subject to the following
limitations:
a. No freestanding base tower and
antenna shall exceed forty-five (45) feet in height.
b. No freestanding base tower with
or without an antenna shall be constructed within the
building setback lines.
c. No freestanding base tower shall
be constructed without having first secured a permit
from the city development director.
Roof-mounted transmitting antennae
shall not exceed the roof line heiglit by more than
twenty (20) feet.
6. An application fee shall be payable to
the city as adopted by resolution of the City
Commission.
7. Notwithstanding any other provision of
the Land Development Regulations, including the
provisions of this section, telecommunication towers
shall only be permitted as a conditional use in the PU
Public Usage District and REC Recreation District.
G. CUL-DE-SAC. The allowed frontage of a
lot when shaped by a cul-de-sac or the frontage of
any other irregular shaped lot, shall be measured at
the setback or building line, and shall be not less than
seventy-five percent (75%) of the required lot
fromage in the applicable zoning district.
H. TEMPORARY BUILDINGS. Temporary
buildings such as models, offices and tool sheds used
in conjunction with construction work only, may be
permitted in any district after approval of the
buildinginspection department and the removal of
which is accomplished within thirty (30) days after
construction ceases or is completed.
I. PUBLIC BUILDINGS. All buildings and
properties city owned and operated and engaged in
the performance of a public function may be
permitted in any district as defined herein.
J. OTHER STRUCTURES. To further clarify
the definition of structure as applied to all-districts
and boundaries, the following shall apply except that
corner lots shall be regulated by other parts of this
ordinance. The following structures shall be
permitted in front, rear or side setbacks as provided
in this ordinance, in any zone, except where so noted;
taking into consideration existing easements:
1~. Fences, hedges and walls shall not
exceed six (6) feet in height, above finished grade, in
residential zones, except that from the building line to
the front line the maximum height shall be four (4)
feet. Hedges situated adjacent to golf courses, golf
driving ranges, 'interstate highways or parcels
supporting railroad tracks shall not exceed ten (10)
feet in height, above finished grade. When walls or
fences are constructed as a part of a subdivision or
site plan approval adjacent to a public right-of-way,
consistent with this section, a setback of a minimum
of eighteen (18) inches must be maintained for
landscaping purposes.
2. Fences, hedges and walls in other zones
shall not exceed six (6) feet in height, above finished
grade except in PID and M-1 zones, chain link fences
shall be allowed to eight feet height and may be top-
ped by not more than three strands of barbed wire.
Hedges situated adjacent to golf courses, golf driving
1999 S-II
6 Boynton Beach Code
ranges, interstate highways or parcels supporting
railroad tracks shall not exceed ten (10) feet in
height, above finished grade.
3. Eaves, cornices, gutters, facia boards,
copings, soffits, downspouts, belt courses, window
sills, window and/or door trim, applied finish
materials, roof and/or equipment vents, sillcocks, fire
hose connections, meters, sand boxes, light fixtures,
hardware, shutters, bay windows, dripcaps, telephone
and cable boxes, electrical risers and outlets, window
boxes, thermometers, handrails, condensate drains,
shower heads and ornamental architectural features
shall not overhang or exceed the setback lines for
more than three (3) feet.
4. Rock gardens.
5. Fish or lily ponds, eighteen-inch
maximum depth.
6. Private pump housing, and pool/spa
equipmem, not to exceed three (3) feet in height and
not installed in front yards.
7. Arbors and trellises, provided that
there shall be maintained a minimum three (3) foot
setback from property line. In addition, there shall
be a maximum height of ten (10) feet. A greater
height will be allowed if the trellis is an extension of
an eave/facia.
8. Permanent or retractable awnings,
canopies, storm shutters, marquees or covered
walkways projecting from a building wall over a
required yard setback not more than two and one-half
(2'/2) feet, and having no supports other than
provided by the wall or its integral part.
9. Chimneys projecting not more than
three (3) feet into the required yard setback.
10. Fire escapes or unenclosed staircases,
the riser of which shall be at least fifty (50) percent
open, provided that the vertical projection downward
onto a required yard setback shall not project more
than five (5) feei' into, and shall not exceed ten (10)
percent of, the area of the required yard setback.
11. Flagpoles having only one structural
ground member. Flags projecting off of a structure
shall not extend beyond the setback line for more than
three feet and in no case shall extend beyond the
property line.
12. Fountains; provided that nonportable
fountains shall not exceed nine (9) feet in height, shall
be setback three (3) feet from side and rear property
lines and shall occupy no more than 100 squar~ feet.
13. Heating, ventilation and air
conditioning units (including compressors and
condensers) for single-family or duplex dwellings,
provided the exhaust air from such units is directed
vertically or away from the adjacent property line.
Heating, ventilation and air conditioning units and
intake and exhaust fans for nonresidential uses shall
be set back a minimum of five (5) feet from property
line.
14. Mailboxes and newspaper boxes.
15. Open terraces, including walkways,
unenclosed decks and slabs, natural plant landscaping
and docks, with or without canopy. Docks projecting
into waterway owned by a different property owner
than the owner of the dock shall require prior
approval at time of permitting from the owner of the
waterway. In addition, the dock shall not extend
further into the waterway than 1/3 of the width of the
waterway.
16. Open, uncovered stoops, steps and
platforms for the principal building', but not to exceed
three (3) feet in height.
17. Recreational equipment (of the type not
requiring a permit) in the rear yard setback in
residential districts.
18. Sculpture or other similar objects of
art, provided they meet the same requirements above
for fountains.
19. Signs, subject to the provisions of the
sign code.
20. Trees, shrubbery or other ob.iects of
natural growth.
1999 S-il
21. Wells.
22. Utility, cable and telephone
transmission lines and associated structures, such as
poles.
23. Basketball goals, provided there is a
minimum three (3) foot setback from the rear and
side interior property lines and a minimum fifteen
(15) foot setback from front and side street property
lines.
24. Light poles having only one (1)
structural ground member and portable landscape
lighting.
25. Barbecue pits not to exceed six (6) feet
by six (6) feet and provided they are set back three
(3) feet from side and rear property lines.
26. Raised planters, provided they are set
back three (3) feet from side and rear property lines
and shall have a maximum height of six (6) feet.
All other structures similar to the above
shall require applications to the development director.
(Ord. No. 96-01, § 1, 1-16-96; Ord. No. 96-29, § 1,
5-7-96; Ord. No. 96-32, § I, 8-8-96)
K. REQUIRED SQUARE FOOTAGE.
Residential square footage shall be computed as
follows:
Screen rooms .................... 10%
Attached carports, roofed over open
porches ..................... 25%
Attached garages, roofed over screened
porches and utility rooms .......... 50%
All other area under roof ............ 100%
Accessory building shall' not be counted as required
living area.
L. BUFFER WALLS. For new construction
or major modification to existing developments,
where a commercial and/or industrial district abuts a
Zoning
6A
residential district, a solid, stucco masonry wall
painted on both sides at least six (6) feet in height
shall be located within the required side and/or rear
yards except with respect to comer lots, said buffer
walls shall be required only on interior lot lines. Said
buffer walls shall not abridge any easement rights or
be constructed over any existing utilities in any
easement area and shall be setback two (2) feet from
adjoining property lines. With respect to the C-1
(Office and Commercial Professional District), the
solid masonry wall may be replaced with a dense
vegetative buffer of at least two (2) feet in height at
the time of planting. Said vegetative buffer to be
maintained by the project developer.
Construction of said decorative masonry
wall or planting of said vegetative buffer shall be
completed prior to issuance of the Certificate of
occupancy for the building or buildings sought to be
built in connection therewith.
M. SATELLITE DISH ANTENNAE. For the
purpose of clarifying regulations, satellite, dish
antennae are hereby classified into two groups.
Group A antennae are those that will fit within a one
meter cube. Group B antennae are those that will not
fit within a one meter cube. All antennae in both
groups are allowed in all zoning districts, subject to
the following criteria:
a. General provisions:
(1) No satellite dish antenna shall
be installed or modified without first obtaining a
permi. 't from the development department.
(2) All applications for the
installation of Group B satellite dish antennae shall be
accompanied by proper certification that the
installation will withstand a Category 2 hurricane and
is adequately grounded for protection from a direct
lightning strike.
(3) Satellite dish antennae shall
not be located forward of the front of any building, in
any required side yard, or within eight (8) feet of the
rear property line.
1999 S-! 1
6B Boynton Beach Code
(4) All Group B satellite dish
antennae shall be screened on three (3) sides with
landscape materials or walls with landscaping which
are of a height equivalent- t~' the total height of the
mounted satellite dish.
(5) For all Group B antennas lot
size must comply with zoning regulations.
(6) Portable Group B satellite
dish antennae are not allowed.
(7) No exterior satellite dish
antenna may be used for display or advertising
purposes, and none shall have writing thereon which
is visible from a public right-of-way or residential
district.
(8) Satellite dish antennae shall
conform with provisions of Chapter 20, Buildings,
Housing and Construction Regulations, of the
Boynton Beach Land Development Regulations, the
Standard Building Code and the amendments thereto
as adopted by the city provided such provisions do
not conflict with any standards set forth in this
section, in which case this section shall control.
b. Special provision:
(1) Satellite dish antennae
installed to serve single-family or duplex homes must
also comply with the following requirements:
(a) Only one (1) non-
commercial satellite dish antenna will be permitted
for each residential dwelling unit.
1999 S-1 l
Zonin~ 7
(b) Gropu B satellite dish
antennae shall be freestanding, ground mounted, and
self supporting without structural connections to any
other structure or building.
(c) No part of any satellite
dish antenna installation may extend beyond the
height of the horizontal cave line of the uppermost
floor of any single-family or duplex home.
(2) Satellite dish antennae
installed to serve any use other than single-family or
duplex homes must also comply with the following
requirements:
a nuisance or hazard to persons, animals, vegetation
or property located on adjacent or nearby properties
or rights-of-way; or to interfere with the reasonable
use or enjoyment of adjacent or nearby property by
reason of noise, vibration, smoke, dust or other
particulate matter; toxic or noxious matter; odors,
glare, heat or humidity; radiation, electromagnetic
interference, fire or explosion hazard, liquid waste
discharge, or solid waste accumulation. Furthermore,
no use shall be carried out so as to create any
nuisance or hazard which is violation of any
applicable federal, state, county, or city law or
permit, and all such laws and permits are hereby
adopted as performance standards in these zoning
regulations.
(a) Chapter 4 of the Land
Development Regulations.
(b) Only one (1) Group B
satellite dish antenna may be located in a multifamily
complex and it may not be located on a roof.
Nothing in this provision shall be construed to alter
or impair any rights, authority, or restrictions
imposed by deed or under the rightful authority of
any homeowners' association.
(c) A Group B satellite dish
antenna installed in commercial and industrial zoning
districts may not be located on a roof so that the dish
is visible from a public right-of-way or residential
district, except as stipulated in 1.a.(4) hereinbefore.
(d) Group B satellite dish
antennae which are mounted on a tower and used for
communication in connection with the operation of a
business shall provide reasonable screening and shall
be subject to conditional use approval.
(3) Satellite dish antennae
properly permitted prior to April 4, 1995 may remain
in place notwithstanding provisions stipulated herein
but they may not be replaced, reconstructed or
modified without bringing the entire installation into
full compliance with this section.
N. PERFORMANCE STANDARDS. All uses
located within the city shall conform to the
performance standards set forth below, and shall be
constructed, maintained and operated so as not to be
1. Noise. No use shall be carried out in
any zoning district so as to'create sound which is in
violation of Section 15=8 of the City of Boynton
Beach Code of Ordinances.
2. Vibrations. No use shall be carried out
in any zoning district so as to create inherently and
recurrently generated ground vibrations which are
perceptible without instruments at any point at or
beyond the property lines of the property on which
the use is located.
3. Smoke, dust, dirt, or other particulate
matter. No use shall be carried out within any zoning
district so as to allow the emission of smoke, dust,
dirt or other particular matter which may cause
damage to property or vegetation, discomfort or harm
to persons or animals, or prevent the reasonable use
and enjoyment of property and rights-of-way, at or
beyond the property lines of the property on which
the use is located. Furthermore, no use shall be
carried out so as to allow the emission of any
substances in violation of any federal, state, county or
city laWs or permits governing the emission of such
substances.
4. Odors and fumes. No use shall be
carried out in any industrial district so as to allow the
emission of objectionable or offensive odors or fumes
in such concentration as to be readily perceptible at
any poim at or beyond the boundary of industrial
districts. For all nonindustrial districts, the standards
contained in this paragraph shall apply where the
1997 S-5
8 Boynton Beach Code
district abuts any residential district.
5. Toxic or noxiom matter. No use~shall
be carried out in any zoning district so as to allow the
discharge of any toxic or-noxious matter in such
concentrations as to cause damage to property or
vegetation, discomfort or harm to persons or animals,
or prevent the reasonable use and enjoyment of
property or rights-of-way, at or beyond the property
line of the property on which the use is located; or to
contaminate any public waters or any groundwater.
6. Fire and explosion hazards. No use
shall be carried out in any zoning district so as to
create a fire or explosion hazard to adjacent or
nearby property or rights-of-way, or any persons or
property thereon. Furthermore, the storage, use or
production of flammable or explosive materials shall
be in conformance with the provisions of Chapter 9
of the City of Boynton Beach Code of Ordinances.
7. Heat, humidity, or glare. No use shall
be carried out in any zoning district so as to produce
heat, humidity or glare which is readily perceptible at
any poim at or beyond the property line of the
property on which the use is located. Artificial
lighting which is used to illuminate any property or
use shall be directed away from any residential use
which is a conforming use according to these zoning
regulations, so as not to create a nuisance to such
residential uses.
8. Liquid waste. No use shall be carried
out in any zoning district so as to dispose of liquid
waste of any type, quantity or manner which is not in
conformance with the provisions of Chapter 26 of the
City of Boynton Beach Code of Ordinances, or any
applicable federal, state or county laws or permits,
9. Solid waste. No use shall be carried
out in any zoning district so as to allow the
accumulation or disposal of solid waste which is not
in conformance with Chapter 10 of the City of
Boynton Beach Code of Ordinance, or which would
cause solid waste to be transferred in any manner to
adjacent or nearby property or rights-of-way.
10. Electromagnetic interference. No use
shall be carried out in any zoning district so as
to create electromagnetic radiation which causes
abnormal degradation of performance of any
electromagnetic receptor of quality and proper design
as defined by the principles and standards adopted by
the Institute of Electrical and Electronics Engineers,
or the Electronic Industries Association.
Furthermore, no use shall be carried out in any
zoning district so as to cause electromagnetic
radiation which does not comply with the Federal
Communications Commission regulations, or which
causes objectionable electromagnetic interference with
normal radio or television reception in any zoning
district.
11. HaTardous materials and b~7~rdous
waste.
a. Prior to th~ issuance of an
occupational license in the city, the operator of any
use that uses, handles, stores or displays b,~ardous
materials or that generates hazardous waste, as
defined in 40 Code of Federal Regulations, Pan 261,
and requires a permit for same from a state or federal
agency, or requires periodic reporting to a state-or
federal agency, shall be required to obtain a permit in
accordance with Section 11.3, Environmental Review
Permits.
b. The operator of any such use
shall be required to design and construct, prior to
occupancy, an appropriate separate spill containment
system to hold spilled hazardous materials for
cleanup, independent from the storm water drainage
system, along with an appropriate early warning.
monitoring program. The containment system and
monitoring program shall be a type which is generally
acceptable to the Florida Department of
Environmental Regulation and the South Florida
Water Management District, and shall serve all
structures or areas where hazardous materials are
used, handled, stored or displayed, or where
. hazardous wastes are generated.
c. Depressed truck wells which are
utilized by users of hazardous materials and
generators of hazardous waste shall provide a
drainage system which shall be designed and
maintained to include oil and grease receptors, and
open bottom sedimentation pumps as pollutant
retardant structures. Such systems shall be designed
so as to prevent pollutants from entering surface
Zoning
9
waters and groundwater. Parking areas and
driveways adjacent to truck wells shall be designed to
divert runoff to storage and exfiltrations systems on-
site, prior to discharge-imo surface waters or storm
sewers.
part of the information required for permitting by or
reporting to governmental agencies responsible for
regulating hazardous materials or hazardous wastes,
this information shall be considered sufficient for the
purpose of this section.
d. Users of hazardous materials and
generators of hazardous waste shall develop
hazardous materials response plans prior to the
operation of such uses, which shall require the
approval of the environmental review committee.
This plan shall identify appropriate measures for
contamination response including, but not limited to,:
(1) Provision of equipment and
trained personnel on-site or a contract with a
contamination response firm meeting Florida
Department of Environmental Regulation standards,
where appropriate;
(2) Specification Of follow-up
water quality monitoring programs to be implemented
in the event of contamination;
(3) Specification of design and
operational measures to contain and direct
contaminated surface runoff away from lakes, ponds,
canals, drainage structures and/or other connections
to the surficial aquifer;
(4) Specifications for the
development and implementation of an early warning
monitoring program;
(5) Proof of financial
responsibility which will assure that cleanup costs can
be provided;
(6) A copy of the permit issued
by or application for permit to the governmental
agency or agencies responsible for permitting the
handling, storage, display, or generation of the
particular hazardous materials or hazardous wastes.
Where only periodic reports are required to be
supplied to such agencies, copies of these reports
shall be provided to the environmental review
committee;
(7) Where the information
required under (1) through (6) above is required as
1998 S-9
O. ELECTRIC SUBSTATIONS, SWITCHING
STATIONS AND UTILITY FACILITIES. Electric
substations, switching stations and utility facilities are
allowable in all land use categories and zoning
districts subject to full site plan review as described
in Chapter 4 and subject to screening on all sides with
walls or acceptable landscaping as described in
Chapter 9, Section 10, paragraph C4. (Ord. No.
96-51, § 1, 1-21-97; Ord. No. 96-66, § l, I-7-97;
Ord. No. 99-24, § 2, 9-7-99)
Sec. 5. Residential district regulations and use
provisions.
A. R-l-AAA SINGLE-FAMILY
RESIDENTIAL DISTRICT. These district
regulations will create the lowest population density
of not more than 3.48 dwelling units per acre.
1. Uses permitted. Within any R-l-AAA
single-family residential district, no building,
structure, land or water shall be used except for one
of the following uses:
a. Single-family dwellings including
the garages and other customary accessory buildings.
Carports are not allowed. Disaster shelters are
permitted. The shelters are to be used only for the
designated purpose in times of danger.
b. Churches and other places of
worship with their attendant accessory uses, including
daycare and pre-school facilities*, providing for a
minimum site of one acre with a minimum of one
hundred fifty (150) foot frontage. Nursery schools,
primary and secondary schools and colleges and
universities are not to be construed to be an accessory
use to a place of worship by these regulations.
c. City-owned and -operated
facilities.
d. Private golf courses and
associated clubhouse facilities including private bath,
10 Boynton Beach Code
swim, tennis or country clubs and community or city
owned and operated recreation clubs and associations,
specifically excluding driving ranges or tees,
miniature courses and similar uses operated as
separate ventures from the primary use or uses.
e. Primary and secondary schools,
seminaries, colleges and universities.*
Section
1-21-97)
3. Off-street parking. As provided in
l l-H hereinafter. (Ord. No. 96-51, § 2,
B. R-1-AAB SINGLE-FAMILY
RESIDENTIAL DISTRICT. These district
regulations will create a maximum density of 4.84
dwelling units per acre.
f. Home occupations conforming
with Section 11.D hereinafter.
g. Community residential homes with
six or fewer residents as defined in Florida Statutes
Chapter 419.
h. Nursery schools, day care centers
and other preschool facilities.
1. Uses permitted. Within an R-1-AAB
single-family residential district, no building,
structure, land or water shall be used except for one
of the following uses:
district.
a. Any use permitted in the R-l-AAA
2. Building and site regulations:
lA. Conditional uses allowed. Those uses
specified above which are followed by an asterisk (*)
shall be deemed to be conditional uses, which may be
considered and granted in accordance with the
procedures set forth in Section 11.2 hereinafter.
2. Building and site regulations:
a. The following lot and building
setback requirements shall be observed:
Minimum lot area 12,500 square feet
Minimum lot frontage 100 feet
Minimum front yard 30 feet
Minimum rear yard 35 feet
Minimum side yards 30 feet each side
Minimum living area 2,200 square feet
Maximum lot coverage 35 percent
Maximum structure height 30 feet
b. On comer lots adjacent to the
street, the side yard setback shall be not less than
one-half (1/2) the front yard requirement, except
where the comer lot faces a different street than the
remaining lots in the block, then the front setback
shall be maintained on both streets.
c. Community residential home~ shall
not be located within a radius of 1,000 feet of
another existing similar facility.
a. The folloWing lot and building
setback requirements shall be observed:
Minimum lot area 9,000 square feet
Minimum lot frontage 90 feet
Minimum front yard 25 feet
Minimum rear yard 25 feet
Minimum side yards 10 feet each side
Minimum living area 1,800 square feet
Maximum lot coverage 35 percent
Maximum structure height 30 feet
b. On comer lots, the side yard
setback adjacent to the street shall be not less than
one-half (1/2) the front yard setback except where the
comer lot faces a different street than the remaining
lots in the block, the front setback shall then be
maintained on both streets.
3. Off-street parking. As provided in
Section 11-H hereinafter.
C. R- 1 -AA SINGLE-FAMILY RESIDENTIAL
DISTRICT. These district regulations will create a
maximum density of 5.4 dwelling units per acre.
1. Use permitted. Within any R-I-AA
single-family residential district, no building,
structure, land or water shall be used except for one
of the following uses:
1999 S-11
Zoning 11
a. Any use permitted in the R-l-AAA
or R-1-AAB districts.
2. Building"~md site regulations:
a. The following lot and building
requirements shall be observed:
Minimum lot area
Mimmum lot frontage
Minimum front yard
Minimum rear yard
Minimum side yard
Minimum living area
Maximum lot coverage
Maximum structure height
'8,000 square feet*
75 feet
25 feet
25 feet
10 feet each side*
1,500 square feet
35 percent
30 feet
'q~ffareas developed and/or platted prior to June
13, 1975, the minimum lot area shall be seven
thousand five hundred (7,500) square feet and the
minimum side yard shall be seven and one-half (7
1/.2) feet.
b. On corner lots, the side setback
adjacent to the street shall be not less than one-half
(1/2) the front yard setback except where the corner
10t faces a different street than the remaining lots in
the block, the front setback shall then be maintained
on both streets.
3. Off street parking. As provided in
Section 11-H hereinafter.
D. R-1-A SINGLE-FAMILY RESIDENTIAL
DISTRICT. These district regulations will create a
maximum density of 5.8 dwelling units per acre.
1. Uses permitted. Within any R-1-A
single-family residential district, no building,
structure, land or water shall be used except for one
of the following uses:
a. Any use permitted in the
R-l-AAA, R-1-AAB, R-l-AA districts.
2. Building and site regulations:
a. The following lot and building
requirements shall be observed.
Minimum lot area 7,500 square feet
Minimum lot frontage 60 feet
Minimum front yard 25 feet
Minimum rear yard 25 feet
Minimum side yard 7 1/2 feet each side
Minimum living area 1,250 .square feet
Maximum lot coverage 40 percent
Maximum structure height 30 feet
b. On comer lots the side yard
setback adjacent to the street shall be not less than
one-half (1/2) the front yard setback except where the
corner lot faces a different street than the remaining
lots in the block, the front setback shall then be
maintained on both streets.
3. Off-street parking. As provided in
Section 11-H hereinafter.
E. R-1 SINGLE-FAMILY RESIDENTIAL
DISTRICT. These district regulations will create a
maximum of 7.26 dwelling units per acre.
1. Uses permitted. Within any R-1 single-
family residential district, no building, structure, land
or water shall be used except for one of the following
USES:
a. Any use permitted in the
R-I-AAA, R-1-AAB, R-l-AA or R-1-A district.
2. Building and site regulations.
a. The following lot and building
requirements shall be observed.
Minimum lot area 6,000 square feet
Minimum lot frontage 60 feet
Minimum front yard 25 feet
Minimum rear yard 25 feet
Minimum side yards 7 1/2 feet
Minimum living area 1,000 square feet
Maximum lot coverage 40 percent
Maximum structure height 30 feet
1999 S-11
12 Boynton Beach Code
b. On comer lots, the side yard
setback adjacent to the street shall be not less than
one-half (1/2) the front yard setback. Where the
comer lot faces a different street than the remaining
lots in the block, then the front setback shall be
maintained on both streets.
3. Off-street parking. As provided in
Section 11-H hereinafter.
F. R-2 SINGLE- and TWO-FAMILY
DWELLING DISTRICT. These district regulations
will create a maximum density of 9.68 dwelling units
per acre. It is the intent to accommodate a
compatible development of higher density buildings
with commonly called duplexes together with single-
family dwellings but at no lower standards of quality.
1. Uses permitted. Within any R-2
single-or two-family dwelling district, no building,
structure, land or water shall be used except for one
of the following uses:
R-l-AAA,
districts.
a. Any use permitted in 'the
R-1-AAB, R-l-AA, R-1-A and R-1
b. Two-.family dwellings.
c. Nursery schools, day care cemers
and other preschool facilities* (see Section 1 i-C)
lA. Conditional uses allowed. Those uses
specified in subsection 5.F.1. above which are
followed by an asterisk (*) shall be deemed to be
conditional uses, which may be considered and
granted in accordance with procedures set forth in
Section 11.2 hereinafter.
2. Building and site regulations:
a. The following lot and building
requirements shall be observed:
Minimum lot area
Minimum lot frontage
Minimum front yard
4,500 square feet
per dwelling unit*
75 feet*
25 feet
Minimum rear yard
Minimum side yards
Minimum living area
Maximum lot coverage
Maximum structure height
25 feet
I0 feet each side
750 square feet per
unit*
40 percent
25 feet, not to
exceed 2 stories**
*For single family, use R-I requirement.
**The maximum height for single family structures is
30 feet
b. On comer lots, the side yard
setback adjacent to the street shall be not less than the
remaining lots in the block, then the front setback
shall be maintained on both streets.
3. Off-street parking. As provided in
Section 11-H hereinafter.
G. R-3 MULTIPLE-FAMILY DWELLING
DISTRICT. These district regulations will create a
maximum density of 10.8 dwelling units per acre. It
is the intent of this district to provide a higher
residential density which encourages vertical
structures and flexibility in multiple-family living and
that a certain amount of multiple-family dwelling is
necessary and desirable and can complement certain
areas if located appropriately and if properly
designed. Therefore, factors to be considered are:
The location and nature of the area.
An area of substantial size to provide a
buffering or graduation of uses to be considerate or to
complement adjacent uses or districts.
The proximity to large concentrations of
activities such as business, employment, and other
facilities and services. Sufficient and definitive traffic
arteries to adequately service the area.
Designs that provide light, are passage,
water drainage, ingress and egress, parking and
traffic circulation, open Space and on-site recreation,
maintenance areas and community meeting provisions
for the inhabitants.
1999 S-11
Zoning 13
1. Uses permitted. Within any R-3
multiple-family dwelling district, no building,
structure, land or water shall be used except for one
of the following uses: '-'
a. Any use permitted in the
R-l-AAA, R-1-AAB, R-l-AA, R-l-A, R-1 or R-2
districts.
b. Multiple-family residential
structures, including apartments, cooperatives·
condominiums, town houses, and their attend_a~nt
recreational facilities and having no commercial
business connected therewith but can be equipped to
serve meals to their occupants.
organizations. *
Private clubs, lodges and fraternal
d. Golf courses, swimming and
tennis clubs, and similar recreational facilities.*
e. Rooming and boarding houses.*
f. Community residential homes with
up to 14 residents as defined in Florida Statutes
Chapter 419.*
lA. Conditional uses allowed. Those uses
specified above which were followed by an asterisk
(*) shall be deemed to be conditional uses, which
may be. considered and granted in accordance with
the procedures set forth in Section 11.2 hereinafter.
2. Building and site regulations:
a. For multiple-family dwellings,
rooming and boarding houses; and community
residential homes:
Maximum lot coverage
Maximum structure height
Minimum spacing between
community residential homes
40 percent
45 feet, not to
exceed 4 stories
1,200 feet (radius)
b. Single-family dwellings shall
conform with R-1 requirements (see Section 5,
paragraph E-2). Duplex dwellings shall conform to
R-2 requirements (see Section 5, paragraph F-2).
c. All other permitted uses:
Minimum lot area
Minimum lot frontage
Minimum front yard
Minimum rear yard
Minimum side yards
Minimum living area
Maximum lot coverage
Maximum structure height
20,000 square feet
100 feet
40 feet
40 feet
20 feet each side
As governed by
applicable regulatory
agency
40 percent
4 stories, not to
exceed 45 feet in
height
3. Off-street parking. As provided in
Section 11-H hereinafter.
H. AG AGRICULTURAL DISTRICT. These
district regulations are intended to apply to those
areas of Boynton Beach, the present use of which is
primarily agricultural or the future use of which is
uncertain.
1. Uses permitted. Within any AG,
Agriculture District, no building, structure, land or
water shall be used except for one or more of the
following uses:
Minimum lot area
feet
Minimum lot frontage
Minimum front yard
Minimum rear yard
Minimum side yards
Minimum living area
4,000 square
100 feet
40 feet
40 feet
20 feet each side
750 square feet per
unit
a. Agricultural uses which include,
by way of illustration but not by way of limitation,
the following: nurseries, greenhouses, orchards,
raising of field crops, tree crops, vegetables or
flowers on a commercial scale;
b. Wholesale and retail facilities when
clearly incidental to a permitted agricultural use;
1999 S-11
14 Boynton Beach Code
c. Buildings such as attendant
residency, equipment shelters and the like whose use
is clearly incidental to an approved agricultural use;
d. Preservation or conservation uses
intended to maintain the general openness or
vegetation of the land for environmental, 'educational,
archaeological or open space reasons;
e. Single-family homes on 2.5 acre
lots including private stable facilities provided that
animals are kept for recreational uses only and not
kept for sale or resale.
lA. Uses requiring environmental review
permit. Any use listed under 5.H.1. above which
uses, handles, stores, or displays hazardous materials,
or which generates hazardous waste, as defined by 40
Code of Federal Regulations, Part 261, shall require
an environmental review permit in accordance with
Section 11.3.
2. Building and site regulations. No
building or portion thereof shall be erected,
constructed, converted, established, altered, enlarged
or used unless the premises and building comply with
the following regulations:
Minimum lot frontage
Minimum lot area
Minimum front yard
Minimum side yard
Minimum rear yard
Maximum structure height
200 feet
One (1) acre
50 feet
50 feet, each side
50 feet
45 feet, not to
exceed four (4)
stories
3. Off-street parking. As provided in
Section 11-H hereinafter.
I. REC RECREATION DISTRICT. These
district regulations are intended to apply to those
existing and proposed recreational areas not located
in planned unit developments. Included in these
areas are both public and private recreational tracts
and the waters of Lake Worth and the Intracoastal
Waterway. It is the specific intent of these
regulations to preserve recreational areas for current
use and for the future, consistent with the
comprehensive plan and with the subdivision
regulations.
1. Uses permitted. Within any REC,
Recreation District, no building, structure, land or
water shall be used except for one or more of the
following uses:
a. All pUblic, private and semi-
private recreation areas, including parks,
playgrounds, clubs and golf courses;
b. All non-profit entertainment or
athletic facilities, including beaches, marinas,
campgrounds, stadia and playing fields, swimming
pools and community centers;
c. All water-based activities incidental
to the use of the Intracoastal Waterway and the waters
and shores of Lake Worth;
'd. Preservation or conservation uses
intended to maintain the general openness or
vegetation of the land for environmental, educational,
archaeological or open-space reasons.
lA. Conditional'uses allowed. All profit or
non-profit uses or enterprises considered ancillary to
any of the above permitted uses.
lB. Uses requiring environmental review
permit. Any use listed under 5.I.1. which uses,
handles, stores or displays hazardous materials, or
which generates hazardous waste, as defined by 40
Code of Federal Regulations, Part 261, shall require
an environmental review permit in accordance with
Section 11.3.
2. Building and site regulations. No
building or portion thereof shall be erected,
constructed, converted, established, altered, enlarged
or used unless the premises and building comply with
the following regulations:
Minimum lot frontage
Minimum lot area
Minimum front yard
100 feet
one (1) acre
25 feet
1999 S-11
Zoning 15
Minimum side yard
Minimum rear yard
Maximum structure height
25 feet, each side
25 feet
45 feet, not to
exceed four (4)
stories
3. Off-street parking. As provided in
Section 11-H hereinafter.
Minimum lot frontage
Minimum lot area
Minimum front yard
Minimum side yard
Minimum rear yard
Maximum structural height
75 feet
8000 square feet
25 feet
15 feet, each side*
25 feet*
45 feet, not to
exceed four (4)
stories
J. PU PUBLIC USAGE DISTRICT. These
district regulations are intended to apply to those
areas Within the city whose ownership and/or
operation is public or whose use is largely publicly or
institutionally oriented, exclusive of those areas
whose use is primarily recreational.
1. Uses permitted. Within any PU,
Public Usage District, no building, structure, land or
water shall be used except for one or more of the
following uses:
a. Public buildings and facilities
such as city hall, police and fire stations, libraries,
public schools, public utilities and cemeteries;
b. Privateor semi-private institutions
(excluding churches and schools) such as hospitals,
utilities, and other non-profit facilities;
*When abutting residential districts, side and/or rear
yard shall be thirty (30) feet.
3. Off-street parking: As provided in
Section 11-H hereinafter.
K. PUD PLANNED UNIT DEVELOPMENT
DISTRICTS. Chapter 2.5 of the Land Development
Regulations is hereby incorporated by reference into
these zoning regulations, and all plarmed unit
developments shall be considered zoning districts on
the official zoning map. Chapter 2.5, and all planned
unit developments approved in accordance with
Chapter 2.5, shall be subject to all applicable
provisions of these zoning regulations, except as
otherwise provided for in Chapter 2.5.
(Ord. No. 96-32, § I, 8-8-96; Ord. No. 96-51, § 2,
1-21-97; Ord. No. 98-36, § 1, 9-15-98; Ord. No.
99-23, § 1, 9-7-99; Ord. No. 99-24, § 1, 9-7-99)
c. Other governmental agencies such
as those providing postal, administrative or regulatory
services;
Commercial district regulations and use
provisions.
d. Telecommunication towers.
lA. Uses requiring environmental review
permit. Any use listed under 5.J.1. above which
uses, handles, stores or displays hazardous materials
or which generates hazardous waste, as defined by 40
Code of Federal Regulations, Part 261, shall require
an environmental review permit in accordance with
Section 11.3.
2. Building and site regulations. No
building or portion thereof shall be erected,
constructed converted, established, altered, enlarged
or used unless the premises and building comply with
the following regulations:
A. C-1 OFFICE AND PROFESSIONAL
COMMERCIAL DISTRICT. These district
regulations will provide appropriate space for office
and professional uses, located to provide ready access
to such services for all.
1. Uses permitted. Within any C-I office
and professional zoning district, no building,
structure, land or water, or any part thereof, shall be
erected, altered or used, in whole or in part, except
for one (1) or more of the following specified uses
(single-family occupancy when incidental and
necessary to main use is permitted). Those uses,
however, which are listed in lA. below shall require
1999 S-11
16 Boynton Beach Code
conditional use approval, and those uses which are
indicated under lB. below shall require an
environmental review permit, prior to the
establishment of these uses:'"
a. Churches and other places of
worship and attendant accessory uses. Day care
centers, primary and secondary schools, seminaries,
and colleges and universities shall not be construed to
be an accessory use to a place of worship, however.
b. Financial institutions, including
drive-through facilities.
c. Funeral homes.
d. Funeralhome withCrematorium.*
e. Government facilities, including
public community centers, excluding uses which have
extensive storage or maintenance facilities, or storage
or maintenance as their principal use.
f. Hospitals.
g. Medical and dental offices and
clinics.
h. Nursing and convalescent homes.
i. Pharmacies, medical and surgical
supplies; orthopedic, invalid and convalescent
supplies; eyeglasses and hearing aids.
j. Professional and business offices.
k. Veterinary offices and clinics,
excluding outdoor kennels, or keeping of animals for
purposes other than treatment, and excluding on-site
disposal of animals.
1. Reserved.
m. Nursery schools, day care centers,
and other preschool facilities* (See Section 11.C.).
n. Instruction or tutoring, with a
gross floor area of less than two thousand (2,000)
square feet, limited to instruction for office
occupations, or academic tutoring, and specifically
excluding art, recreational, trade, or industrial
instruction.
o. Instruction or tutoring, with a
gross floor area of two thousand (2,000) square feet
or more, limited to instruction for office occupations,
or academic tutoring, and specifically excluding art,
recreational, trade or industrial instruction.*
p. Academic schools, regardless of
floor area, including primary and secondary schools,
seminaries, colleges, and universities.
q. Copying service. Print shops shall
be allowed subject to obtaining an environmental
.review permit in accordance with Section 11.3.
r. Restaurants,* subject to the
following conditions:
(1) No restaurant is to be allowed
in an office building or complex of less than twenty-
five thousand (25,000) square feet.
(2) No restaurant shall occupy
more than five (5) per cent of the total square footage
of the office building or structure.
(3) No signage for the restaurant
shall be placed on any freestanding sign for the office
building or complex.
(4) Hours of operation shall be
limited from 6:00 a.m. to 5:30 p.m.
(5) Seating shall be limited to
forty (40) seats or less.
s. Barber shops, beauty salons,
manicurists, tailors and dressmakers.*
t. Dental laboratories.*
u. Limited access mini-warehouse.*
1999 S-11
Zoning 16A
IA. Conditional uses allowed. These uses
specified above in subsection 6.A.1. which are
followed by an asterisk (*) shall be deemed to be
conditional uses, which may be considered and
granted in accordance with the procedures set forth in
Section 11.2.
lB. Environmental review permit required.
Any use listed under 6.A. 1. or 6.A. IA. above which
uses, handles stores or displays hazardous materials,
or which generates hazardous waste, as defined by 40
Code of Federal Regulations, Part 261, shall require
an environmental review permit in accordance with
Section 11.3.
2. Uses prohibited. Any outdoor display
of merchandise.
3. Building and site regulations. No
building or portion thereof shall be erected,
constructed, converted, established, altered, enlarged
or used unless the premises and buildings shall
comply with the following regulations:
B. C-2 NEIGHBORHOOD COMMERCIAL
DISTRICT. These district regulations will provide a
limited number of small commercial facilities of a
retail convenience nature, intended to service
individual residential neighborhoods. Generally, the
desired locations for these facilities are near and about
the geocenter or other planned nucleus of the
neighborhood, conforming to the general development
plan.
1. Uses permitted. Within any C-2
neighborhood commemial zoning district, no
building, structure, land or water, or any part thereof,
shall be erected altered, or used, in whole or in part,
except for one (1) or more of the following specified
uses. Those uses, however, which are indicated in
iA. below shall require conditional use approval,
and those uses which are listed under lB. below shall
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
(building)
Minimum front yard
Minimum rear yard
Minimum side yards
Maximum structure height
75 feet
120 feet
9,000 square feet
40 percent
30 feet
20 feet
10 feet*
25 feet, not to
exceed 2 stories**
*When abutting residential district, side and/or rear
yards shall be thirty (30) feet.
**Exceptions:
1. Maximum height for hospital shall
be forty-five (45) feet not to exceed four (4) stories.
2. Building designed for under
building parking shall be (30) feet maximum.
4. Off-street parking. As set forth in
Section 11 .H hereinafter.
1999 S-11
Boynton Beach Code
Zonin~ 17
require an environmental review permit, prior to the
establhhment of these uses:
All stores and shops in the C-2 district
shall be limited to retail sales.
a. Any use permitted in C-1 distrfdt.
b. Any use which is a conditional use
in the C-1 zoning district.*
The following uses, provided that the
gross floor area of such use does not exceed five
thousand (5,000) square feet:
c. Automobile parts and marine
hardware stores, excluding any installation on
premises, and excluding machine shop service.
d. Camera and audio-visual
equipment and supply stores.
e. Furniture stores and home
furnishings; antique stores, excluding auction houses,
shall be a permitted use if limited to selling only
objects of value such as quality antiques, art objects,
jewelry and the like, but not used merchandise
generally.
f. Flower shops and sale of house
plants.
g. Bicycle shops.
h. Luggage stores.
i. Music stores.
j. An and ceramic stores.
k. Sewelry and cosmetic stores.
1. Locksmith shops.
m. Sporting goods, excluding sale of
ammunition or firearms; game, and toy stores; bait
and tackle shops.
n. Paint, wallpaper, tile, carpet,
draperies, blinds and shades, and interior decorator
shops.
o. Office supplies, equipment, and
p. An, craft, trophy, hobby, and
costume shops, and sewing supplies; an galleries and
artists' studios.
q. Book stores, religious goods, card
shops, tobacco shops, and news stores.
-r. Pet shops, excluding kennels or
boarding of animals or keeping animals in outdoor
kennels.
s. Repair or service shops, excluding
rebuilding or refinishing for retail goods that are
typically sold in the stores which are permitted uses
in the C-2 district. All outdoor display or storage in
conjunction with such uses shall be prohibited,
however.
t. Televisions; radio, video, and
stereo equipment and supplies.
u. Household appliances and part~ for
same.
v. Curio, souvenir, and gift shops,
excluding sale of used merchandise.
w. Beer and wine sales, limited 'to
consumption off premises.
x. The following personal and
household services: Barber shops, beauty salons,
manicurists, tanning salons, pet grooming,
off-premises carpet and upholstery cleaning, maid
service, tailors and dressmakers.
y. Laundromau and retail laundering
services, provided that the floor area for such uses is
entirely enclosed.
z. Retail photographic studios and
photofinishing service.
aa. Fabrication and installation of
18 Bo~/nton Bench Code
furninire slipcovers.
bb. Taxicab offices and-parking,
excluding service or repairs on the premises.
cc. Automotive service statiom,
without major repairs (see definitions: "major
repairs'), and including car washes as an acc~sory
use, provided that at least one (l) frontage lies along
a four-lane collector or arterial road, and the site is
developed in accordance with Section ll.L. In the
C-2 district, repair and service of vehicles, other than
refueling, 'shall be limited to automobiles,
motorcycles, and pick-up truck with a rated capacity
of not more than one (l) ton. All repair and service
of vehicles shall be done within an enclosed
building."
dd. Print shops.
ea. Drycleaning service, limited to
handling goods that are brought to the premises by
retail customers.
ff. Private clubs, lodges, and fraternal
organizations.*
gg. Drive-up, drive-through, or
drive-in service for any of the retail uses or personal
se.trices listed under 1.c. through 1.ff. above.*
Drive-up and drive-through facilities for financial
institutions shall be a permitted use, however.
hh. Art or recreational instruction.
The following uses, provided that the
gross floor area of such use does not exceed ten
thousand (10,000) square feet:
ii. Grocery, food, ice cream,
confectionery, and health food stores; delicatessens,
butcher shops and seafood stores, vegetable and fruit
stores, convenience food stores, and bakeries;
catering service.
jj. General hardware stores.
k.k. Restaurants, including serving of
alcoholic beverages only in connection with the
serving of meals.
11. Drive-through, drive-up, or
drive-in restaurants.*
mm. Sundries, notions, and variety
stores.
rm. Drug stores.
oo. Clothing, clothing accessory, and
shoe stores.
pp. Lawn and garden supply stores.
qq.. Drive..up, drive-through or drive-in
service for any of the retail uses or pc. rsonai services
listed under 1.ii. through l.pp. above.* Drive-up and
drive-through facilities for financial institutions shall
be a permitted use, however.
rt. A single-family residence,
incidental to a permitted, commercial use, located on
the same lot as the commercial use. Such residence
shall have a minimum living area of seven hundred
fifty (750) square feet and shall be limited to
occupancy by the property owner or business
owner/operator.
All uses listed under l.c. through 1.qq.
above shall specify the gross floor area on the
application for an occupational license. Each retail
store and adjacent stores or bays under the same
ownership or control that are of a similar or related
use shall be considered to be a single store for the
purpose of computing floor area.
IA. Conditional uses allowed: Those uses
specified above which are followed by an asterisk (*)
shall be deemed to be conditional uses, which may be
considered and granted in accordance with the
procedures set forth in Section 11.2.
lB. Uses requiring an environmental review
permit: Within any C-2 neighborhood commercial
zoning district, no building, structure, land or water,
or any part thereof, shall be erected, altered, or used,
in whole or in part, for any of the following specified
uses, unless an environmental review permit is
secured in accordance with the standards and
procedures set forth in Section 11.3:
oo
a. :Automotive service station,s,
subject to the provision of l.cc. above.
b. Print shops.
c. Drycleaning on premises, limited
to handling goods that are brought to the premises by
retail customers.
d. Any use listed under 6.B.1 or
6.B.1A, which uses, handles, stores, or displays
hazardous materials, or Which generates hazardous
waste as defined by 40 Code of Federal Regulations,
Pan 261.
2. Prohibited-uses. Within any C-2
neighborhood commercial zoning district, no
building, structure, land or water, or any part
thereof, shall be erected, altered, or used, in whole
or in pan, for any of the following uses:
a. Any use not specifically allowed
in accordance wi-th the list of uses under 1., IA., and
lB., above.
b. Any use which is either
specifically allowed or prohibited in another zoning
district, which is not specifically allowed in
accordance with the list of uses under l., lA., and
lB., above.
c. Outdoor storage or display of any
d. Sale of firearms or ammunition.
e. Sale of fireworks.
f. Temporary employment centers,
operated on a walk-in basis.
g. Any wholesale establishments,
storage as a principal use, or off-premises storage, or
distribution.
h. Sale of alcoholic beverages, other
than beer or wine.
i. Serving of alcoholic beverages,
except for consumption on premises within a duly
licensed restaurant and in conjunction with the serving
of regular meals.
j. .Lumber yards or building materials
stores.
k. Sales b=~'~rs, farmer's markets,
flea or thieves' markets, swap shops and trading
posts.
~;. Building and site regulations. No
building or portion thereof shall be erected,
constructed, convened, established, altered, enlarged
or used unless the premises and buildings shall
comply with the following regular!ohs:
Minimum lot frontage 50 feet
Minimum lot depth 100 feet
Minimum lot area 5,000 square feet
Maximum lot coverage 40 percent
Minimum front yard 30 feet
Minimum side yard
(interior lots) 15 feet*
Minimum side yard
(corner lots) 20 feet on side street
Minimum rear yard 20 feet*
Maximum structure height 25 feet, not to
exceed 2 stories
*When abutting residential districts, side and/or rear
yards shall be thirty (30) feet.
4. Repair and service of merchandise: The
repair and service of merchandise for household
customers Shall be permitted as either an accessory or
principal use, for any merchandise which is typically
sold in the C-2 district, excluding rebuilding or
refinishing of any type.
5. Exterior storage or display: Exterior
storage or display of merchandise or materials shall
be prohibited, with the exception of growing plants
which are stored or displayed as an accessory use to
a lawful principal use.
6. Sale of used merchandise: The sale of
used merchandise shall be permitted as an accessory
use to the sale of new merchandise, meaning that used
merchandise shall be of the same type as the new
merchandise sold on the premises, and shall be
2O
Boynton Be~ch Code
permitted as an accessory use to a repair shop which
is permitted in the district, provided that, in ail cases,
the floor area occupied by used merchandise shall not
exceed twenty-five (25) percent of the gross floor
area. Stores which deal primarily in used
merchandise, shall be limited to retail merchandise of
the type that is permitted in the list of permitted uses
above. Pawnshops and auction houses shall be
prohibited, however, in the C-2 district. Used
merchandise stores shall be located not less than
twenty-four hundred (2,400) feet apart, as measured
by direct distance between property lines, and shall
have a gross floor area of not mor~ than five
thousand (5,000) square feet. Where these stores are
currently located at less than this minimum distance,
such stores shall not be ~'xpanded. All new
applications for occupational licenses m operate such
uses or applications for building permits to expand
such uses shall be accompanied by an affidavit which
certifies that the provisions of this paragraph would
be complied with. Exterior storage and display in
connection with such_uses shall be prohibited.
7. Off-street parking as set forth in
Section I I.H hereinafter.
C. C-3 COMMUNITY COMMERCIAL
DISTRICT. These district regulations are to
encourage the development of appropriate intensive
retail commercial facilities providing a wide range of
goods and services, located-centrally' and
accommodating three (3) or four (4) neighborhoods
and located adjacent to at least one major
thoroughfare..
1. Uses permitted. Within any
community commercial district, no building,
structure, land or water shall be used except for one
(I) or more of the following uses:
a. Any use permitted in C-I or C-2
districts, without specific limitation on floor area.
b. Any conditional use in the C-2
district, except as provided for otherwise under the
C-3 district regulations, without specific limitation on
floor area.*
c. Antique stores and auctions
houses, selling only objects of value such as quality
antiques, art objects, jewelry and the like, but not
used n~rchandise generally.
d. Bars, cocktail lounges, subject to
the provision of Chapter 3 of the City of Boynton
Beach Code of Ordinances. Such uses shall be a
conditional use (*) if located within six hundred (600)
fe~ of property lying within a residential zoning
district u measured by direct dismuce between
property lines.
e. Liquor stores, subject to the
provisions of Chapter 3 of the City of Boynton Beach
Code of Ordinances.
f. Greenhouses, nurseries, and other
horticultural uses.
g. Depa~t~lc'nt stores.
h.' Hotel, motels, apartment hotels,
and apartment motels, including timesharing units,
provided that sleeping rooms and apa~.l,ent suites
therein, and exterior portions of the site shall not be
used for the display, lease, or sale of merchandise.
i. Lumber yards and building
materials stores, including sale to contractors.*
j. Multifamily and duplex residential
dwellings, including timesharing apartments, which
shall comply with the R-3 district regulations for such
USes.
k. Rooming and boarding houses.*
organizations.
Private clubs, lodges, and fraternal
m. Recreational facilities, including
bowling lanes, billiard halls, health clubs,
gymnasiums, tennis clubs, golf courses, miniature
golf courses, shooting ranges (indoor only), skating
rinks, and amusement halls. Recreation facilities
other than those which are listed above shall be
conditional uses(*). Racetracks, go-can tracks, and
water slides shall be prohibited.
n. Sale of ammunition and firearms.
~opin~
21
o. Theaters and auditoriums,
excluding drive-in theaters.
p. Automotive service stations,
without major repairs (see def'mitions "major
repairs"), and including car washes as an accessory
use, provided that the site is developed in accordance
with Section 11.L. The repair and service of vehicles
in the C-3 district shall include all motor vehicles, in
addition to those types of motor vehicles for which
repair and service is allowed in the C-2 district, but
shall exclude farm tractors and implements, cement
mixers, shovels or cranes, and special mobile
equipment as defined bY Section 316.003, Florida
Statutes. All repair and service of vehicles shall be
done within an enclosed building.
q. Bus terminals.
r. Ambulance service.
s. New boat sales, excluding repair
or service on premises.*
t. Marinas and yacht clubs, which
may include the following as accessory uses, if
approved as such: Any accessory uses to marinas
which are allowed in the CBD district, as well as
-boat dealers, service, repair, installation, rebuilding,
or customizing of boats, engines, or marine of boats,
engines, or marine equipment.*
u. Dry storage of boats at marinas.*
v. Yachtels, boatels, and other use of
boats at marinas for residences.*
w. Small equipment and tool rental,
for homeowners use, excluding exterior display or
storage.
x. Governmental, utilities, and
communications facilities, excluding uses which have
extensive storage or maintenance facilities, or storage
or maintenance as their principal use. Utilities shall
be adequately screened from exterior view.
y. Trade and business labor pools;
such uses shall be a conditional use (*) if operated on
a walk-in basis.
z, Automobile wash establishments.
aa. Wholesaling of goods listed under
Section 8.A.l.c.(2), 8.A. 1.c.(3), 8.A.I.c.(4),
8.A.l.c.(6), 8.A.1.c.(7), 8.A.1.c.(14), and
8.A.l.c.(16) of these zoning regulations, and storage
of goods for households, but excluding any exterior
storage or display, where all portions of the property
lie within three hundred (300) feet of a railroad
right-of-way, and direct access to the property from
a collector or arterial road is not available at the
effective date of this ordinance.* The conditional use
application shall list the specific types of goods which
are to be sold, stored, or distributed from the
premises, and uses of the property shall be limited to
those specified on this list, as approved by the City
Commission.
bb. Adult entertainment establishments.
cc. Repair of motor vehicles or tire
sales and service, limited to minor repairs (see
definitions "minor repairs"), and including car washes
as an accessory use, are as follows:
(1) This use is not permitted on
sites less than five (5) acres in size.
(2) On sites of greater than five
(5) acres and less than seventy-five (75) acres, all
such uses shall be located in a shopPing center and
within the principal building of the shopping center;
(3) On sites of greater than
seventy-five (75) acres all such uses will be allowed
to be located in a separate building in a shopping
center.*
For the purpose of this section, motor
vehicles shall mean only motorcycles, mopeds,
passenger cars (a motor vehicle with motive power,
except a multipurpose passenger vehicle or
motorcycle, designed for carrying ten (10) persons or
less), or multipurpose passenger vehicles (motor
vehicle with motive power designed to carry ten (10)
persons or less which is constructed either on a truck
chassis or with special features for occasional off-road
operation). All repair and service of vehicles shall be
done within an enclosed building.
22 Bsynton Beach Code
dd. Upholstery and carpet steam
cleanins businesses.
ce. Marine canvas retail sales and
fabrication (no on premises imtallation).
IA. Conditional uses allowed. Those uses
specified above which are followed by an asterisk (*)
shall be deemed to be conditional uses, which may be
considered and granted in accordance with the
procedures set .forth in Section 11.2.
lB. Uses r~luiring environmental review
permit. Within any C-3 community commercial
zoning district, no building, structure, land, or water,
or any. pan thereof, shall be erected, altered, or used~
in whole or in pan, for any of the following specified
uses, unless an environmental review permit is
secured in accordance with the standards and
procedures set forth in Section 11.3:
a. Any use which would require an
enviwnmental review permit in the C-2 district.
b. Sign painting and lettering shops.
c. 'Automobile wash establishments.
d. Repair of motor vehicles or tire
sales and service, limited to minor repairs (see
definitions "minor repairs"), and including car
washes as an accessory use, provided that all such
uses shall be located in a shopping center and shall be
located within the principal building of the shopping
center, and provided that the site occupied by the
shopping center has an area of not less than five (5)
acres.
For the purpose of this section,
motor vehicles shall mean only motorcycles, mopeds,
passenger cars (a motor vehicle with motive power,
except a multipurpose passenger vehicle or
motorcycle, designed for carrying ten (10) persons or
less), or multipurpose passenger vehicles (motor
vehicle with motive power designed to carry ten {10}
persons or less which is constructed either on a truck
chassis or with special features for occasio~
off-road operation). All repair and service of
vehicles shall be done within an enclosed building.
e. Any use listed under 6.C.I. or
6.C. 1A. which uses, handless, stores, or displays
bn,~rdous materials, or which generates ~n~rdous
waste, as defined by 40 Code of Federal Regulations,
Pan 261.
2. Prohibited uses. Within any C-3
community commercial zoning district, no building,
structure, land or water, or any pan thereof, shall be
erected, altered, or used, in whole or in pan, for any
of the following uses:
a~ Any use not specifically allowed in
accordance with the list of uses under 1., IA., and,
lB., above.
b. Any use which is either
specifically allowed or prohibited in another zoning
district, which is not specifically allowed'in
accordance with the list of uses under 1., lA., and
IB. above.
c. Any. wholesale establishments,
storage as a principal use, off-premises storage, or
distribution, except in accordance with 1.aa. and lA.
above.
d. Single-family detached dwellings,
except where used as a group home.
e. Sales bazaars, farmer's markets,
flea or thieveS' markets, swap shops, and trading
posts.
f. Bingo halls.
3. Building and site regulations. No
building or portion thereof shall be erected,
constructed, converted, established, altered, enlarged
or used unless the premises and buildings shall
comply with the following regulations:
Minimum lot frontage
Minimum lot area
Maximum lot coverage
(building)
Minimum front yard
Minimum side yard
(interior lots)
75 feet
15,000 feet
40 percent
20 feet
None (see Notes
a and b)
Zonin_~ 23
Minimum side y~d
(comer lots)
Minimum rear yard
Maximum structure height
1:5 feet street side
(see Note b)
20 feet (see Notes
b and c)
4:5 feet, not to
exc_e~__ 4 stories
a. Where rear acc~s is not available
from a public street or alley, a side yard of not less
than fffieen (15) feet shall be provided on one side.
side and/or
rninirmim.
b. When abutting a residential zone,
rear yards shall be thirty (30) feet
c. Where rear yard access is
available from a public street or alley, rear yard may
be decreased by one-half the width of such street ot
alley, but in no case shall a tear yard be less than ten
(10) feet.
4. Off-street parking as set forth in
Section 11 .H hereinafter.
one (1) calendar year. Permission from the
development director or his authorized representative
shall .be required for any use of parking areas for
display of merchandise. The exterior display or
storage of growing plains shall be permitted in
connection with a lawful principal use, without
limitation on length of time
7. Sidewalk sales. Sidewalk sales in
rights-of-way shall require approval, by the city
manager or such person as may be designated by the
city manager.
8. Sale of used merchandise: The sale of
used merchandise shall be permitted as an ac-cessory
use to the sale of new merchandise, meaning that used
merchandise shall be of the same type as the new
merchandise sold on the premises, and shall be
permitted as an accessory use to a repair shop which
is permitted in the district, provided that in all cases,
the floor area occupied by used merchandise shall not
exceed twenty-five (25) percent of the gross floor
5. Repair and service of merchandise: The
repair and service of merchandise for household
customers shall be permitted as either an accessory or
principal use, for any merchandise which is typically
sold in the C-3 district, excluding rebuilding or
refinishing of any type.
6. Exterior display and storage of
merchandise. Exterior display of retail merchandise
shall be permitted, provided that such merchandise is
owned by the operator of the business occupying the
building, and is the same type of merchandise that is
typically sold within the building. Exterior storage of
merchandise shall be for a length of time which, on
a daily basis, shall not exceed eighteen 08) hours.
Exterior storage or display of motor vehicles and
boats, excluding wrecked motor vehicles, shall also
be permitted to the extent that same is integral to the
operation of a conforming use or a legal
nonconforming use, and without limitation on length
of time. Exterior display of merchandise shall be
completely contained within property lines, and shall
not completely block walk-ways or otherwise create a
b,7~rd to the public. Parking areas shall not be used
for such displays except for a period or periods of
time which shall not exceed seven (7) days within any
Stores (including pawnshops) which
deal primarily in used merchandise, other than
antique shops ot auction houses (see 1.c. above),
shall be limited to sale of retail merchandise of the
type that is allowed in accordance with the list of uses
under 6.C.1. and 6.C. IA. above. Such stores shall
not exceed five thousand (5,000) square feet in gross
floor-area and shall be located not less than
twenty-four hundred (2,400) feet apart, as measured
by direct distance between property lines. Where
these stores are currently located at less than this
mimmum distance, such stores shall not be expanded.
All new applications for occupational licenses to
operate such uses or applications for building permits
to expand such uses shall be accompanied by an
affidavit which certifies that the provisions of this
paragraph would be complied with. Exterior storage
or display in connection with such uses shall be
prohibited.
D. C-4 GENERAL COMMERCIAL
DISTRICT. These district regulations will be
effective in projecting desirable uses and patterns
along the development corridors that will be located
at points along major trafficways. The ultimate
desired results are to group highway uses, keep
Boron Beach (;ode
accesses to a minimum, and combine accesses, so as
to limit the drive out interruptions. In addition, these
regulations can help expedite, facilitate and ease
traffic on and off the major trafficways and allow
sufficient frontage for safe ingress and egress and yet
again, not erode the design capacities for our
highways.
1. Uses permitted. Within any C-4
general commercial district, no building, structure,
land or water, shall be used, except for one (I) more
of the following uses:
a. Any use which is a permitted use
in the C-l, C-2, or Co3 zoning district.
b. Any use which is a conditional
use'in the C-3 zoning district, except as provided for
otherwise in the C-4 district regulations.*
c. Adult entertainment
establishments, in accordance with Section 11.M.*
d. Sale or rental of new or used
automobiles, boats, recreation vehicles, utility
trailers, and commercial trucks.*
e. Automobile wash establishments.
f. Wholesale or retail sale of goods
listed under Sections 8.A.I.c.(2), 8.A.1.c.(3),
8.A.l.c.(4), 8.A.l.c.(6), 8.A. 1.c.(7), 8.A.l.c.(9),
8.A.l.c.(10), 8.A.1.c.(11), 8.A.1.c.(14), and
8.A. 1.c.(16) of these zoning regulations.
g. Electrical, plumbing, heating,
painting, roofing, and upholstery supplies.h.
Fabrication and assembly of custom cabinets and
furniture, sign painting and lettering shops, or
furniture refinishing, within a fully enclosed bulldinL
with a gross floor area of less than two thousand
(2,000) square feet.
i. The wholesale sales and
distribution of prepackaged meats and poultry. Sales
shall be restricted to sales to the trades and not to the
general public.
j. Self service storage facilities, in
accordance with Section I 1 .O*
lA. Conditional uses allowed. The uses
specified above which are followed by an asterisk (*)
shall be deemed to be conditional uses, which may be
considered and granted in accordance with the-
procedures set forth in Section 11.2.
lB. Uses requiri~ an environmental review
permit.
Any use which would ~equire an
a.
environmental.permit in the C-3 district.
b. Service or repair of automobiles,
recreation vehicles, utility trailers, boats, and
commercial trucks~ and motor vehicles for which'
service and repair is permitted in the C-3 district as
either a principal or an accessory use, and major
repairs, customizing, paint and body shops, and
battery and tire sales and service, and sailmaking.
Service and repair work shall take .place entirely
within all enclosed building.
c. Fabrication and assembly of
custom cabinets and furniture, sign painting and
lettering shops, or furniture refinishing, within a fully
enclosed building, with gross floor area of two
thousand (2,000) square feet or more but not to
exceed six thousand (6,000) square feet.
d. Machine shops, and rebuilding of
equipment or parts that are typically sold in the C.4
district, limited to service for individual customers,
and excluding industrial remanufacture of equipment
or parts.
e. Any use listed under 6.D.1. or
6.D.1A. which uses, handles, stores, or displays
bn?ardous materials, or which generates hazardous
waste, as defined by 40 Code of Federal Regulations,
Part 261.
2. Uses prohibited. Within any
general conunercial zoning district, no building,
structure, land, or water, or any pan thereof, shall be
erected, altered, or used, in whole or in pan, for any
of the following uses:
a. Any use not specifically allowed
in accordance with the list of uses under 1., IA., and
lB. above.
1996 S-1
~onin~
b. Any use which is either
specifically allowed or prohibited in another zoning
district, which is not specifically allowed in
accordance with the list of uses under 1., lA., and
lB. above.
c. Any residential use, including
group homes and residential institutions. Hotels and
motels, and apartment hotels and motels shall be a
permitted use, however.
d. Exterior storage, unless ade-
quately screened.
25
Where rear property line abuts a public
street or alley, rear yard setback may be reduced to
ten (10) feet and no side yard shall be required except
on comer lots.
4. Off-street parking: As set forth in
Section 11.H hereinafter.
5. Repair and service of merchandise: The
repair and service of merchandise shall be permitted
as either an accessory or principal use, for any
merchandise which is typically sold in the
district.
flea or thieves'
posts.
Sales bazaars, farmer's markets,
markets, swap shops, and trading
f. Warehouses or storage buildings,
except self service storage facilities (mini-
warehouses), except when utilized as an accessory to
a principal use which is allowed in accordance with
6.D.1., 6.D.1A., or 6.D.1B., above, and located on
the same parcel as the principal use.
g. Contractors' storage and shops.
6. Exterior display or storage. Exterior
display of merchandise shall comply with all provi-
sions that apply to the exterior display of merchandise
in the C-3 district. Exterior storage of merchandise,
materials, or equipment shall be allowed only as an
accessory use to a lawful principal use which occupies
a building, and shall be adequately screened. Exterior
storage or display of motor vehicles and boats, shall
also be permitted to the extent that same is integral to
the operation of a conforming use or a legal noncon-
forming use, and without limitation on length of time,
and without the requirement for screening.
3. Building and site regulations. No
building or portions hereof shall be erected, con-
stmcted, converted, established, altered, enlarged or
used unless the premises and buildings shall comply
with the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
Minimum front yard
Minimum side yard
(interior lots)
Minimum side yard
(comer lots)
Minimum rear yard
Maximum structure height
50 feet
100 feet
5,000 square feet
40 percent
25 feet
15 feet one side*
15 feet on street
side*
20 feet*
45 feet not to exceed
4 stories
*When abutting residential districts, side and/or rear
yards shall be thirty (30) feet.
1996 S-1
7. Sale of used merchandise. Sale of used
merchandise shall comply with all provisions that
apply to the sale of used merchandise in the C-3
district. Distance separation requirements as set forth
in Section 6.C.8. of appendix A shall have no
application to not-for-profit organizations.
E. CBD CENTRAL BUSINESS DISTRICT.
The intent of this district is to provide a highly visible
community focal point integrating business, retail,
recreational, and residential activities. The uses
allowed in the central business district are intended to
serve the entire community, create a high volume of
pedestrian activity, provide business, recreation, and
residential opportunities, and maximize the potential
of the waterfront.
1. Permitted and conditional uses. Within
the central business district, no building, structure,
land, or water, or portion thereof, shall be used
except for one or more of the following uses listed
below. Uses specified below which are followed by
an asterisk (*) shall be deemed to be conditional uses,
which may be considered and granted in accordance
26
Boynton Beach Code
with Section 11.2 of these zoning regulations. All
conditional use applications within the CBD and the
CRA district shall be considered and reviewed by the
planning and development board in all proceedings,
until the CRA becomes a seven member body or a
separate entity from the City Commission.
Furthermore, no part of the CBD shall be developed
until a complete, detailed development proposal has
been submitted to the city and approved in
accordance with the standards and procedures set
forth in Part RI, Chapter 4, Land Development
Regulations. Such proposals shall generally follow
the design guidelines established by-the city for the
CBD, and shall include water, sewer, storm drainage,.
traffic flow, parking, landscaping, lighting, and other
data as required by Part RI, Chapter 4, Land
Development Regulations.
Eating and Drinking:
a. Restaurant~
al. *Restaurants with drive-in or
drive-through facilities when not in conflict with the
public/private pedestrian system of the adopted
redevelopment plan.
b. Bars and cocktail lounges, ex-
cluding adult entertainment establishments.
Entertainment and Recreation:
sides, and shall be designed so as to be compatible
with the intent of the CRA plan, CBD zoning and
landscaping regulations, and CBD design guidelines.
The hours of operation of a dry storage facility shall
be no earlier than sunrise and no later than sunset. In
addition, other uses may be allowed at marinas, in
accordance with the list of permitted and conditional
uses for the CBD (central business distric0.
f. *Private recreation and amusement
facilities, including bowling alleys, gymnasiums, and
health centers.
Hotels, Motels and Residential:
g. Hotels and motels.
h. *Multiple-family residential, time-
sharing apartments, motel apartments, and hotel
apartments.
Offices and Financial Institutions':
i. Medical and dental offices and
laboratories.
j. Professional and business offices,
excluding offices or clinics for drug or alcohol
treatment or counseling, psychiatric treatment or
counseling, or any other type of personal rehabili-
tation.
c. Public parks and recreation
facilities.
d. Theaters and auditoriums, ex-
eluding drive-in theaters.
k. Veterinary offices and clinics,
excluding outdoor kennels, or keeping of animals for
purposes other than treatment, and excluding on-site
disposal of animals.
e. Marinas, limited to the following
uses: mooring and docking of private pleasure craft;
sale of fuels and lubricants; occupancy of private
craft as living quarters, provided that such craft are
connected to public sewer facilities; operation of drift
and charter fishing boats and sightseeing boats; bait
and tac3::e shops. Dry storage of private pleasure
craft sh~.ii be permitted as a conditional use. Service
and repair of private pleasure craft shall be permitted
as an accessory use to dry storage. Buildings used for
dry storage of boats shall not exceed forty-five (45)
feet in height, shall be enclosed on at least three (3)
1. Financial institutions, without
drive-up tellers.
up tellers.
*Financial institutions, with drive-
Public and Quasi-Public:
n. Government facilities, excluding
uses which have extensive storage or maintenance
facilities, or storage or maintenance as their principal
use.
2000 S-12
27
o. Churches and other places of
worship, including rectories and convents as an
accessory use.
p. *Clubs, lodges, and fraternal
organizations.
q. *Public utilities
communications facilities.
and
r. *Nursery, day care centers, and
pre-school facilities.
s. *Primary and secondary schools,
excluding trade or industrial schools.
t. *Colleges, seminaries, and
universities, excluding trade or industrial schools.
u. Non-degree imtmction or tutoring,
under 2,000 square feet of gross floor area, excluding
trade or industrial instruction.
dd. Furniture, home furnishings and
accessories, appliances, and interior decorator shops.
ee. Hardware, marine hardware,
drapery, carpet, tile, paint and wallpaper stores, but
excluding lumber or building materials dealers, lawn
and garden shops, glass, electrical, plumbing, heating
supplies, and the like.
ff. Clothing and clothing accessories
stores, excluding sale of used merchandise.
gg. Sundries, notions, and variety
stores.
hh. Art, craft, hobby, and sewing
supplies.
ii. Florist shops, including sale of
house plants.
jj. Bicycle shops.
v. *Non-degree instruction or
tutoring, over 2,000 square feet of gross floor area,
excluding trade or industrial instruction.
w. *Public assembly halls,
auditoriums, and community centers.
Retail:
x. Department stores.
kk. Pet shops, excluding kennels or
boarding of animals.
11. Office supplies and equipment.
mm. Book stores, news dealers, and
tobacco shops.
rm. Sporting goods, game and toy
stores.
y. Beer, liquor, and wine sales,
excluding drive-through facilities.
z. Antique stores and auction houses,
selling only objects of value such as quality restored
antiques, art objects, jewelry, and the like, but not
used merchandise generally.
aa. Art and ceramic stores.
bb. Curio and gift shops, excluding
sale of used merchandise.
oo. Luggage stores.
pp. Jewelry and cosmetics stores.
qq. Optical goods and hearing aids
stores.
rr. Pharmacies and drugstores.
ss. Food and grocery stores, retail
confectioneries and bakeries, ice cream parlors, and
delicatessens, excluding drive-through facilities.
cc. Music and camera shops.
tt. *Outdoor display or sales of
merchandise, subject to the conditions set forth in
Section 6.C.6. of these zoning regulations.
2000 S-12
28
Boynton Beach Code
uu. Sidewalk sales, subject to approval
by the community redevelopment agency.
uua. New auto parts and accessories.
Services:
vv. Personal service establishments.
ww. Printing, engraving, f'me art
studios, photofinishing service, photographic studios
and laboratories; film and recording studios.
xx. *Funeral homes, excluding
crematoriums.
yy. Business machine service offices.
a. Dry cleaning on premises, limited
to handling goods that are brought to the premises by
retail customers.
b. Any use listed under Section
6.E.1. which use handles, stores, or displays
hazardous materials, or which generates hazardous
waste, as de£med by 40 Code of Federal Regulations,
Part 261.
2. Uses prohibited. Within the central
business district, no building, structure, land, or
water, or any portion thereof, shall be used for any of
the following uses:
a. Any use not specifically allowed in
accordance with Section 6.E. 1. above.
zz. Coin-operated laundromats, dry
cleaning service, limited to handling goods that are
brought to the premises by retail customers, tailors
and dressmakers, alteration and repair of clothing or
clothing accessories.
Transportation:
Public parking lots and garages.
b. Any use specifically prohibited in
Section 6.E. 1. above.
c. Adult entertainment establishments.
d. Massage parlors.
e. Laundry or dry cleaning plants;
carpet or upholstery cleaning plant or service.
bbb. *Bus terminals and taxi stands.
ccc. *Railroad passenger stations.
ddd. *Automobile rental, limited to
rental of new cars.
eec. *Helistops.
fff. *Private parking lots and garages,
where operated as a principal use.
lA. Uses requiring environmental review
permits. Within the CBD, Central Business District,
no building or structure, on land or water, or any
part thereof, shall be erected, altered, or used, in
whole or in part, for any of the following specified
uses, unless an environmental review permit is
secured in accordance with the standards and
procedures set forth in Section 11.3 of these zoning
regulations:
2000 S-12
L Outdoor storage of any type, other
than rental cars in accordance with Section 6.E. 1.
g. Sale of used merchandise, except
for art objects, jewelry, coins, quality restored
antiques, and the like, which shall be subject to the
provisions of Section 6.E. 1.
h. Pawnshops.
i. Personal rehabilitation or clinics or
offices, including counseling services for same,
residential or nonresidential; any residential use which
requires professional supervision, counseling, medical
or nursing care on the premises, or access to same.
j. Reserved.
k. Wholesale establishments or
distribution.
1. Storage as a principal use, or any
off-premises storage.
Zonin~ 29
m. Service, repair, sales or storage of
vehicles.
n. Repair shops, other than repair of
clothing and clothing accessories, except that service
and repair services shall be allowed as an accessory
use to retail sales, provided that the floor area
devoted to repair services shall not exceed 25% of
the gross floor area.
o. Temporary employment centers,
operated on a walk-in basis.
p. Rooming or boarding houses,
adult congregate living facilities, nursing homes, or
any other group housing.
q. Dry storage of boats; boat dealers;
service, repair, installation, building, rebuilding, or
customizing of boats, engines, or marine equipment.
r. Loading or unloading of railroad
freight.
s. Commercial parking facilities.
(Ord. No. 99-07, § 1, 3-16-99)
3. Building and site regulations. No
building, structure, land, or water shall be erected,
altered, enlarged, or used unless in conformance with
the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Minimum front yard
Minimum rear yard
Minimum side yard
Minimum waterfront yard
75 feet
100 feet
15,000 square feet
None, at ali floors.
20 feet abutting adjacent
properties at first floor
level. 8 feet abutting
street or alley at first
floor level. None, at all
other floors.
None, for interior lot
lines. 8 feet abutting
street or alley at first
floor level. None, at all
other floors.
Regardless of the
orientation of the lot or
parcel, an 8-foot setback
Maximum lot coverage
Maximum structure
height
Living area minimum per
multiple-family
dwelling unit
Canopies and awnings
Movable awnings over
right-of-way
shall be maintained from
a building or structure
and any navigable
water. Waterfront
setbacks shall be
measured from the
property where the body
of water is under
different ownership than
the subject property
line, and measured from
the mean high water line
if the body of water is
under the same owner-
ship as the subject-
property.
75 per cent. 85 per cent
for parkin~ garages.
45 feet, not to exceed 4
stories. Multiple-family
dwelling unit density
maximum 10.8 dwelling
units per acre. Applica-
tion of residential
density to a parcel shall
not preclude or limit the
development of the par-
cel for other uses which
are lawful under the
central business district
regulations, provided
such developments
otherwise comply with
these zoning regulations.
750 square feet.
Canopies or awnings for
pedestrian entrance
ways, with at least 9
feet clear, may project
to the property line in
any required yard.
Movable awnings may
extend not more than 8
feet over a sidewalk in
an adjacent right-of-
way, provided such
2000 S-12
:30 Boynton Beach Code
Permanent structural
projections from
buildings
Regulatory guidelines
Utility lines,
mechanical
equipment
awning or any part
thereof shall maintain a
clear height of 9 feet
above the sidewalk.
Such awnings extending
over rights-of-way shall
be moved or removed at
the request of the city.
Eaves, sills, belt course,
cornices, pilasters, and
other architectural
features; gutters, chim-
neys, and mechanical
equipment, may project
not more than 3 feet
into any required yard,
provided that such
structures are located
within the property lines
and conform to esta-
blished central business
district design guide-
lines.
Construction and
de/elopment shall
.ssentially conform to
he Community
· 'edevelopr' -nt Plan,
and D,- elopment
Regulations and District
Design Guidelines.
Utility lines shall be
installed underground,
and any service
equipment required
above ground shall be
effectively screened.
4. Off-street parking and loading space.
a. Parking and loading space
requirements. Parking and loading space requirements
and standards shall be as set forth in Sections 11.H.,
11.1., and ll.J., of these zoning regulations, as
modified by the provisions below.
b. parking space calculations:
(1) Parking space requirements
shall be calculated in accordanc~ with Section
11.H.16. of these zoning regulations, except that in
the CBD, the following shall apply:
(a) The number of required
parking spaces shall be reduced by fifty (50) per cent;
and
Co) If the property owner or
business is uv, able to provide on-site one-hundred
(100) percem of the parking spaces required pursuant
to Section 11.H.16. of these zoning regulations, all
spaces provided by the property owner or business,
on- or off-site, shall be maintained as unreserved,
unrestricted parking available to the public, except
designated handicap spaces required by law.
(2) Shared parking : Whentwo (2)
or more adjacent properties combine their on-site
parking and construct a shared parking facility with
common access drives, the number of required
parking spaces shall be reduced by an additional ten
(10) per cent.
c. Location of parking spaces:
(1) No surface parking shall be
permitted in the from yard of any building along a
major public pedestrian streetscape system as
designated in the community redevelopment plan.
(2) Notwithstanding ptovisiom of
Section 11.I., in the CBD required parking spaces
shall be owned or leased within one thousand (1,000)
feet of the building to be served. The distance
requirement shall be a straight line measurement from
a point on the boundary line of the property, which is
the subject of the application, to the closest boundary
line of the property on which the leased parking is
located. The property, which is the subject of the
application, shall be posted with signage indicating to
patrons the location of the leased parking.
(3) Lease arrangements to provide
required parking spaces shall be subject to approval
by the community redevelopment agency, after review
and recommendation by the technical review board.
2000 S-12
30A
d. Special parking and loading space
requirements. The community redevelopment agency
or City Commission, consistent with the approval
procedures set forth in Pan IH, Chapter 4, Land
Development Regulations, shall modify requirements
for parking and loading spaces, and:
(1) Require addition~ spaces if
the requirements are found to be insufficient.
(2) Require fewer spaces if
quantitative evidence is provided substantiating that
the requirements are excessive. The community rede-
velopment agency of City Commission shall take into
account existing parking facilities in the vicinity of
the proposed development.
1998 S-'/Repl.
30B
Boynton Beach Code
1998 5-7 Repl.
31
5. Landscaping. Landscaping shall be
provided as set forth in Chapter 7.5 of the City of
Boynton Beach Land Development Regulations.
6. Sign. Signs shall conform to the
applicable provisions set forth in Chapter 21 of the
City of Boynton Beach Land Development
Regulations. 7, Nonconforming structures.
a.. Purpose. It is the purpose and
intent of this section to allow the limited expansion of
a nonconforming structure which is used for a
conforming use and which is located within the
central business district (CBD).
b. Procedure.
(1) No nonconforming structure
located in the central business district may be
changed, enlarged, expanded, or restored without the
property owner first submitting an application for
approval of the proposed change to the city and
receiving approval as hereinafter provided.
(2) Applications shall be
submitted to the planning and zoning department on
forms prescribed by the planning and zoning
departmem.
(3) Approval will to the
maximum extent possible bring the building and the
site upon which it is located into compliance with city
regulations and will improve the physical appearance
of the structure.
(4) That the expansion will be in
harmony with the general intent and purpose of the
central business district.
d. Conditions.
(1) T h · community
redevelopment advisory board shall recommend and
the City Commission sitting as. the communi~
redevelopment agency may prescribe appropriate
conditions and safeguards necessary and reasonable to
ensure that the expansion of a nonconforming
structure will be in harmony with the general intent
and purpose of the central business district.
(2) In no event shall an
application be granted which would permit the
interior gross floor area of a nonconforming structure
to be enlarged by more than twenty-five (25) percent
in size.
e. Development standards.
(3) Applications shall be
processed according to the procedures for a site plan
review in the central business district and shall be
reviewed by the community redevelopment advisory
board and approved by the community redevelopment
agency.
c. Review criteria. Prior to
granting an approval for the expansion of a
nonconforming structure, the following findings shall
be made:
(1) That granting the application
will not adversely affect the public interest.
(2) Expansion will not be
detrimental to the health, safety, and general welfare
of persons working or residing within the central
business district.
(1) In the event an application for
expansion of a nonconforming structure is granted,
additional parking spaces shall only be required for
the expanded area of the nonconforming structure.
Chapter 23, Parking Lots, shall not apply to
expansions of nonconforming structures approved
pursuant to this section.
(2) All sites will be brought into
compliance with the zoning and development
regulations of the city to the maximum extent
- possible. The community redevelopment agency may
grant relief from provisions of requirements of the
zoning and development regulations of the city
provided that they make specific findings of fact that
the waiver will not be detrimental to the health,
safety, and general welfare of persons working or
residing within the central business district and that
the waiver will result in additional business activity
that is harmonious with the general intent and purpose
of the central business district.
1997
Boston Beach Code
f. Compliance with other codes.
Nothing in this section shall diminish the
responsibility of an owner to maintain his use or
structure in full compliance with all other city,
county, state, or federal regulations, or licensing
procedures.
g. Payment in lieu of parking.
(1) When the community
redevelopment agency finds that the pwperty owner
seeking an expansion cannot effectively, efficiently,
or economically provide for the additional on-site
parking required for the expansion, the community
redevelopment agency may accept a payment in lieu
of parking. The payment shall be based on a formula
established by the city administration and adopted by
resolution of the City Commission. In the event the
City Commission fails to adopt a resolution
establishing a formula for calculating the payment in
lieu of parking, then in that event, no payment in lieu
of parking may be made and the number of on-site
parking spaces required or an equivalent number of
off-site parking spaces obtained pursuant to a binding
long-term off-site parking agreement shall be
provided as a condition of approval.
(2) T h · community
redevelopment agency shall make the following
findings prior to authorizing a payment in lieu of
parking:
(a) The number of off-street
parking spaces required to be provided for a
development by the Land Development Regulations.
(b) Tbe maximum number of
spaces which can be provided by the development in
a manner which effectively serves the development,
is cost-efficient, and is consistent with the intent of
the CBD zoning district.
(c) The number of parking
spaces that the community redevelopment agency
determines can reasonably be accommodated in
municipal parking facilities, either existing or planned
to be constructed within five (5) years after
authorization of the payment in lieu of parking.
(d) The current capital cost
of providing required parking spaces to serve the use
contemplated by the payment in lieu of parking.
(3) Whenever a payment in lieu
of parking is authorized and accepted, the following
additional requirements shall apply:
(a) Any off-street parking
arrangement satisfied in this manner shall run with
the land, and ~uy subsequent change of use which
requires more parking shall require recalculation of
the payment in lieu of parking fee.
Co) No refund, of payment
shall be made when there is a change to a use
requiring less parking.
(c) The payment in lieu of
parking shall be made to the city in one lump sum
prior to issuance of a building permit.
(d) Funds derived from a
payment in lieu of parking shall be deposited by the
city into a parking trust fund, and unless the applicant
consents otherwise, shall be used and expended
exclusively for the purpose of planning, designing, or
developing public parking facilities located within one
thousand (1,000) feet of the development for which
the payment in lieu of parking was made. The
distance requirement referenced herein shall be a
straight line measurement from a point on the
boundary line of the property, which is the subject of'
the application to the closest boundary line of the
property on which the public parking facility is
located.
8. Structures in excess of forty-five (45)
feet in height. Notwithstanding the height limitations
referenced in Section 4F of Chapter 2 of the Land
Development Code of the City of Boynton Beach,
Florida, all uses enumerated and permitted in the
Central Business District, according to the Code of
Ordinances Which shall include but not be limited to
hotels, motels, condominiums, apartments, offices,
financial institutions, eating and drinking
establishments, entenaiument and recreational uses,
retail use and transportation use or any structure
containing a mixed use thereof, shall be permitted to
1997 S-5
33
be constructed in excess of forty-five (45) feet in
height, but not to exceed 100 feet, provided such use
is evaluated and approved as a conditional use.
Mechanical equipment which exclusively serves the
structure shall not be included in the calculations of
height. '-
F. PLANNED COMMERCIAL
DEVELOPMENT DISTRICT.
1. Intent and purpose. A planned
commercial district (PCD) is established. The
purpose of this district is to provide a zoning
classification for commercial developments that will
better satisfy current demands for commercially
. zoned lands by encouraging development which will
reflect changes in the concepts and the technology of
land development and relate the development of land
to the specific site, to conserve natural amenities and
to allow for the mitigation of negative impacts which
result from land development.
Regulations for the PCD are.intended
to accomplish a more;desirable environment for
commercial development in relation to existing and/or
future city development, permit economies in
providing public services, and to promote the public
health, safety, convenience, welfare and good
:government of the City of Boynton Beach.
2. Definition. A "planned commercial
development":
a. Is land under unified control,
planned and developed as a whole in a single
development operation or a programmed series of
development operations for commercial buildings and
related uses and facilities;
b. Provides for a commercial district
of efficient and harmonious design so arranged as to
create an attractive projea readily ir~egrated with and
having no adverse effect on adjoining or surrounding
areas and developments;
c. Is developed according m
comprehensive and detailed plans for streets, utilities,
lots, building sites, etc., and site plans, floor plans
and elevations for all buildings intended to be
located, constructed, used and related to one another,
and detailed plans for other uses and im?rovements
on the land related to the buildings; and
d. Includes a program for full
provision, maintenance, and operation of such areas,
improvements, facilities and services for common use
by the occupants of the planned commercial
development.
3. Unified control. All lands included in
a planned commercial development shall be under the
control of the applicant or his assigns (an individual,
partnership, or coq)oration or group of individuals,
partnerships, or corporations). The applicant shall
present satisfactory legal documents to constitute
evidence of the unified control of the entire area
within the proposed PCD. The applicant shall agree
to:
a. Proceed with the proposed
development according to the provisions of these
zoning regulations and conditions attached to the
zoning of the land to PCD;
b. Provide agreements, contracts,
deed restrictions, and sureties acceptable to the city
for completion of the development according to the
plans approved at the time of zoning to PCD and for
continuing operation and maintenance of such areas,
functions, and facilities as are not to be provided,
operated, or maintained at public expense; and
c. Bind their successors in tide to
any commitments made under subsections 3a and b
above. All agreements and evidence of unified
control shall be examined by the city attorney and no
zoning of land to the PCD classification shall be
adopted without a certification by the city attorney
that such agreements and evidence of unified control
meet the requirements of these zoning regulations.
4. Standards for planned commercial
developments. In formulating recommendations and
reaching decisions as to the zoning of land to the
planned commercial development zoning
classification, the planning and development board
and City Commission shall apply the following
locational, utility and environmental standards
consistent with the comprehensive plan in addition to
1997 S-$
Boynton Beach Code
the s~dards established in Section 9.C of these
zoning regulations applicable to rezonin~ of land
generally.
a. Relation to major wans~rmion
hcilities. A PCD shall be so located with respect m
major roadways or other transportation facilities es to
provide direct access to major tranapor~ion facilities
without creating or generating- an unacceptable
level of traffic along streets in residential areas or
districts outside it.
b. Extensiom of publicly owned and
maintained utilities and storm sewers, etc. shall be
constructed by the applicant at no expeme to the city
and said utilities, etc. shall be deeded to the city clear
of any encumbrances. Construction standards
employed in the installation of publicly maintained
utilities and storm sewers shall be those promulgated
by the engineering and utility depazt:uents as
amended periodically. Concerning streets, consistent
with the intent of these regulations, any required
roadway improvements shall be constructed at the
applicant's expense including the dedication of
additional rights-of-way as noted in the traffic and
circulation element of the comprehensive plan and the
replacement of roadway capacity when applicable.
c. Physical character of the site.
The 'site shall be suitable for development in the
manner proposed without hazards= to persom or
property, on or off the tract, from probability of
flooding, erosion, or other dangers, annoyances, or
inconveniences. Condition oft he soil, groundwater
level, drainage and topography shall aH be
appropriate to both kind and pattern of use intended.
5. Uses permitted, conditional uses, uses
requiring environmental review permit.
a. All uses listed in Section 6.C. 1 of
these zoning regulations provided however, that uses
listed as conditional will not be required to secure
conditional use approval if shown on the master plan
required as a part of this submission, and uses will
not be subject to the minimum acreage requirements
of Section 6.C.1. if the site meets the minimum
acreage requirement-for rezoning to PCD and all
portions of any building dedicated to such use are
1997 S-6
separated from residentially zoned property by a
distance of 200 feet; Uses which would require an
environmental review permit in the C-3 district shall
also require such a permit in accordance with Section
11.3, prior to being established in a 1CD' district.
Furthermore, the planning and development board
may require that any other use obtain an
environmental review permit, prior to being
established in a particular lCD. Any use which uses,
handles, stores, or displays bnv*rdous materials, or
which generates hazardous waste, as defined by 40
Code of Federal Regulations, Part 261, shall require
an environmental review permit in accordance with
Section 11.3.
b. Uses ancillary to permitted uses;
c. Commercial uses not listed in
Section 6.C.1, but approved by the planning and
development board.
6. Uses prohibited.
a. AH uses listed in Section 6.C.2 of
these zoning regulations.
7. Design criteria for planned conunercial
developments. In addition to the design and
construction criteria established in other chapters or
sections of the Boynton Beach Land Development
Regulations, the following design criteria shall be
applicable to the zoning, design and construction of
planned commercial developments:
a. Minimum land area. The
minimum land area for a planned commercial
development shall be three (3) contiguous acres.
b. Off-street loading. Every hospital,
institution, hotel or commercial building or similar
use requiring the receipt or distribution by vehicle of
materials or merchandise shall have one (1) off-street
loading bay for each twenty-five thousand (25,000)
square feet of gross floor area or fraction thereof.
Off-street loading areas shall be designed in such a
manner as to screen from view at ground level,
parked vehicles, a materials handling facilities
including compactors or dumpsters. For the purposes
of this section, screening is defined as a solid stucco
masonry wall painted on both sides.
o°
35
c. Lot coverage. The total ground
floor area of all buildings and accessory structures
shall not exceed forty (40) percent of the plot on
which they are comtructed.
d. Open lot areas. All open
portions of any lot shall have adequate grnding and
drainage arid shall be continuously maintained in a
dust-free condition by suitable landscaping with trees.
shrubs or planted ground cover. The design of such
landscaping ~! the measures taken to ensure its
maintenance shall be subject to the approval of the
district setbacks:
Planned commercial development
Front yard 40 feet
Side yard .30 feet
Rear yard 40 feet
f. Peripheral greenbelt. The project
area shall be enclosed on all sides with the exception
of accessways for traffic and freight by a landscaped
greenbelt area with a minimum width of ten (10) feet
except when such property abuts a residential district
such greenbelt shall have a minimum width of
twenty-five (25) feet.
8. Procedures for zoning land to planned
commercial development. The procedure for zoning
land to the planned commercial development
classification shall be the same as for zoning lands
generally; however, because of the differences
between planned development districts and
conventional district boundary regulation changes, the
procedures and requirements which follow shall apply
to all applications for zoning to PCD in addition to
the general requirements.
a; Applications; materials to be
submitted. In addition m information required for
application for zoning generally, the applicant shall
submit the following materials or data:
(1) Legal documents assuring
unified control of the proposed PCD and the
agreements required under subsection 3 above.
(2) A master plan containing:
(a) The title of the project
and the names of the professional project planner,
engineer, surveyor and developer;
(b) Scale, date, north arrow,
and general location map;
(c) Boundaries of the
property 'involved, all existing streets, buildings,
water courses, easements, section lines and other
existing important physical features m and adjoining
the project;
(d) Site plan of locations of
land uses including but not limited m commercial
areas, greenbelts and proposed right-of-ways;
(e) Master plan showing
access and traffic flow; and
(f) Tabulations oftotalgross
acreage in the development and percentages thereof to
be devoted m the various land uses.
(3) Subdivision master plan
requirements not listed above.
(4) A market study indicating the
market area and demand for the facilities proposed.
9. Planning and development board
findings. After conducting a public hearing(s), the
planning and development board shall recommend to
the City Commission that the PCD zoning request be
approved, approved with modifications ot denied. In
making its recommendation to the City Commission,
the board shall make findings that the applicant bas
met the following requirements:
a. The requirements of Section 9C
of these regulations related m zoning generally;
b. The requirements for unified
control listed in Section 61=3 above;
6F4 above;
The standards listed in Section
1997 S=6
36
o°
d. The deSign criteria listed in
Section 61'/above; and
e. Consiste~.'y with tbe adopted
comprebensive plan for Boynton Beach.
10. Conditions and stipulations. In
recommending zoning of land to the PCD
classification, the pla=~ming and development board
may recommend and the City Connnission may attach
suitable conditions, safeguards, and stipulations, in
accord with standards set out in these zoning
regulations and in this section. The conditions,
safeguards and stipulations so made at the time of
zoning to PCD shall be binding upon the applicant
or his successors in interest. Deviations from the
approved master plan except in the manner herein set
out or failure to comply with any requirement,
condition, or safeguard, shall constitute a violation of
these zoning regulations. It is intended that no
conditions, safeguards or stipulations be required
which are not within-the standards set out in these
zoning regulations and in this' Section and that
conditions, safeguards, and stipulations be clearly
related to the ends and objectives of these zoning
regulations and this section.
11. Time limit. The approval of the
zoning to PCD by the City Commission shall be in
effect for eighteen (18) months from the effective
date of the approval of the ordinance to rezone.
Failure to record a plat of record for the first phase
of the development or for the total development as
the case may be within the aforementioned eighteen
(18) months shall result in the approval of rezoning
being subject to review by the City Commission.
The City Commission shall direct staff to submit to
the City Commission an application which will down
zone the property to the original or appropriate
zoning district. Following such direction by the City
Commission, no new development permits affecting
the property shall be issued by the city until a final
determination is made by the City Commission
following notice and public hearing. Upon written
request by the applicant prior to the expiration of the
PCD classification the City Commission may extend
for one (1) additional year, the period for
commencing platting procedures. In granting such
extensions, the City Commission may impose
additional conditions to insure completion of the
platting process and conform the project to current
development standards, and to protect the health,
safety and welfare of adjacent developments.
12. Platting, site development plans and
building permits.
a. Platting. All planned commercial
developments are subject to and shall be developed
consistent with the requirements of Chapters 5 and 6
of the Boynton Beach Land Development Regulations.
b. ' Site development plans. A.ll plans ·
forlots or parcels proposed to be developed with~
planned commercial developments are subject to and
shall be developed consistent with the requirements of
Chapter 4, Site Plan Review, Land Development
Regulations.
c. Permits. No building permits
shall be issued unless and until platting procedures
and the requirements outlined in Chapter 5 of the
Land Development Regulations are comp!.?.,.ed in
every respect.
13. Changes in plans.
a. Modifications to approved plans
which result in an increase of ten (10) per cent or
more in measurable impacts such as traffic created,
water used or sewage or storm water generated or
some other comparable measure shall be processed as
for a new application for zoning to PCD.
b. Modifications to approved plans
which result in an increase of less than ten (10) per
cent in measurable impacts as determined by
including any changes in traffic generated, water
consumed or sewage to be collected will require
review and recommendation by the planning and
development board and f'mal approval by the City
Commission. The City Commission decision to
approve, approve with modifications or deny, shall be
predicated upon a finding of consistency with the
comprehensive plan and a finding that any such
increase will not result in a negative impact on
infrastructure delivery systems or the surrounding
area in general. It is the .intent of this section that all
additional impacts be mitigated. Modifications which
1997 S-6
~onin~
result in an increase of less than ten (10) percent in
measurable impacts shall not extend the expiration
date of the eighteen month approval of a PCD
classification.
(Ord. No. 95-05, 9 1, 3-21-95; Ord. No. 95-24,
99 1, 2, 3, 8-15-95; Ord. No. 95-27, 9 1, 7-18-95;
Ord. No. 95-45, 9 1, 12-19-95; Ord. No. 96-51, 9 3,
1-21-97; Ord. No. 97-24, 99 1, 2, 3, 7-1-97; Ord.
No. 97-29, § 1, 6-I7-97; Ord. ~No. 98-31, 9 2,
8-4-98; Ord. No. 99-38, 9 1, 1-4-00)
36A
and elevations for all buildings intended to be located,
constructed, used and related to one another, and
detailed plans for other uses and improvements on the
land related to the buildings; and
Sec. 7. Planned industrial development district.
A. INTENT AND PURPOSE. A planned
industrial development district (PID) is established.
The purpose of this district is to provide a zoning
classification for light industrial development that will
better satisfy current demands for light industrial
zoned lands by encouraging development which will
reflect changes in the technology of land development
and relate the development of land to the specific site
and to conserve natural amenities. Regulations for
the PID are intended to accomplish a more desirable
environment for industrial development in relation to
existing and/or future city development, permit
economies in providing public services, allow for
economies of scale in industrial development, and to
promote the public health, safety, convenience,
welfare and good government of the City of Boynton
Beach.
B. DEFINITION. A 'planned industrial
development":
1. Is land under unified control, planned
and developed as a whole in a single development
operation or an approved programmed series of
development operations for industrial buildings and
related uses and facilities;
2. Provides for an industrial district of
efficient and harmonious design so arranged as to
create an attractive project readily integrated with and
having no adverse effect on adjoining or surrounding
areas and developmentS;
3. Is developed according to
comprehensive and detailed plans for streets, utilities,
lots, building sites, etc., and site plans, floor plans
2000 S- 12
Boynton Beach Code
Zoning 37
4. Includes a program for full provision,
maintenance, and operation of such areas,
improvements, facilities and services for common use
by the occupants of the PID, but will not be
provided, operated or maintained at public expense.
C. MINIMUM LAND AREA FOR PID. The
minimum land area for a planned industrial
development shall be twenty-five (25) contiguous
acres.
D. UNIFIED CONTROL. All land included
for purpose of development within district shall be
under the control of the applicant (an individual,
partnership, or corporation or group of individuals,
partnerships, or corporations). The applicant shall
present satisfactory legal documents to constitute
evidence of the unified control of the entire area
within the proposed PID. The applicant shall agree
tO:
classification, multi-family residential, and mixed use
residential/commercial uses in PID's totaling a
minimum of 500 acres or industrial use provided that
such use or uses is/are approved by the planning and
development board. In approving uses in the PID,
the planning and development board shall make
findings that the nsc or uses proposed will not be in
conflict with the performance standards listed in
Section 4.N. of these zoning regulations, and that the
use or uses proposed is/are consistent with the intent
and purpose of this section. For the purpose of this
section, educational institution shall mean a public,
quasi-public or private facility that offers instruction
to students for one (1) or more of the following
needs: preschool programming; tutoring;
kindergarten, elementary and secondary grades
schooling; higher learning for the purpose of granting
degrees in a particular field and occupational or
industrial, technical training. In addition, uses
permitted are subject to limitations as follows:
1. Proceed with theproposed development
according to the provisions of these zoning
regulations and conditions attached to the zoning of
the land to PID;
2. Provide agreements, contracts, deed
restrictions, and sureties acceptable to the city for
completion of the development according to the plans
approved at the time of zoning to PID and for
continuing operations and maintenance of such areas,
functions, and facilities as are not to be provided,
operated, or maintained at public expense; and
3. Bind their successors in title to any
commitments made under subsection D.I and 2
above. All agreements and evidence of unified
control shall be examined by the city attorney and no
zoning of land to PID classification shall be adopted
without a certification by the city attorney that such
agreements and evidence of unified control meet the
requirements of these zoning regulations.
E. USES PERMITTED. In the PID, a
building and its customary ancillary structures and
land uses may be erected, altered and occupied for
any office, professional, business (wholesale or
retail), educational institution, adult entertainment in
accordance wlth Section 11.M., recreational and
attractions as defined for the industrial land use
1. Outdoor storage of materials may be
permitted based on a f'mding of the planning and
development board that such storage does not exceed
fifteen (15) per cent of the total square footage of the
building site and that such storage is screened and
fenced to preclude exposure to the public; and
2. All uses proposed which are listed in
Section 8.A.3 shall require the issuance of an
environmental review permit as set forth in Section
11.3 of these zoning regulations. Furthermore, the
planning and development board may require that any
other use obtain an environmental review permit,
prior to being established in a particular PID.
Any use approved by the planning and development
board for a particular PID which uses, handles,
stores, or displays hazardous materials, or which
generates hazardous waste, as defined by 40 Code of
Federal Regulations, Part 261, shall also require an
environmental review permit in accordance with
Section 11.3 of these zoning regulations.
F. USES PROHIBITED.
1. Residential uses with the exception of
accessory hotels or motels. Multi-family and mixed
use residential/commercial uses are allowed in PID's
with gross acreage totaling at least 500 acres.
2000 S-12
38
Boynton Beach Code
3.
processing.
4.
Acid manufacture.
Cement and/or lime manufacture or
Lumber yards.
1. Relation to major transportation
facilities. A PID shall be so located with respect to
major roadways or other transportation facilities as to
provide direct access to it without creating or
generating traffic along streets in residential areas or
districts outside it.
5. Asphalt and tar plants.
6. Manufacture or storage of explosives.
?. Packing plants, canning plants or
slaughter yards.
8. Petroleum storage, refining or transfer.
9. Stockyards.
10. Rendering plants or glue works.
11. Pulp or paper mills.
2. Extensions of city-maintained
waterlines, sewer lines, pumping stations, streets and
storm sewers, etc., shall be constructed at no.expense
to the city and all such construction shall be in
accordance with city ordinances and specifications.
3. Physical character of the site. The site
shall be suitable for development in the manner
proposed without hazards to persons or property, on
or off the tract, from probability of flooding, erosion,
or other dangers, annoyances, or inconveniences.
Condition of the soil, groundwater level, drainage and
topography shall all be appropriate to both kind and
pattern of use intended.
12. Parking of house trailers and use of
such trailers as living quarters.
13. Chemical plants.
14. Fertilizer manufacturing and/or
distribution.
15. Crematoriums.
16. Dyeing plants.
17. Junk and salvage yards.
18. Sanitary landfill operations.
19. Smelting and casting operations (except
investment type casting).
20. Concrete mixing plants.
G. LOCATIONAL STANDARDS FOR PID'S.
In reaching recommendations and decisions as to
zoning, land to PID the planning and development
board and the governing body shall apply the
following locational standards, in addition to the
standard's applicable to the rezoning of land
generally:
H. DESIGN CRITERIA.
1. Paving. All interior paving shall
comply with specifications and standards set forth and
subject to the approval of the development director.
2. Off-street parking. One and one-half
(1-1/2) parking spaces shall be provided for each two
(2) employees on a maximum shift. In addition,
visitor parking shall be provided which is deemed
adequate to serve the needs of the particular use by
the planning and development board.
3. Driveways. In the interest of public
safety, no more than two (2) driveways shall be
permitted on to any single perimeter public
right-of-way, and interior driveways shall be limited
to no more than two (2) per developable parcel and
interior driveways shall be located no closer than one
hundred and fifty (150) feet from center line to center
line.
2000 S-12
39
4. Hoiel and motel density. Permitted
density for hotel and mOtel development shall not
exceed twenty (20) uP. its per acre.
5. Utility transmission lines, etc. All
utility transmission lines, conduits, conveyances or
other devices or apparatus for the transmission of
utility services and products, including all franchised
utilities, shall be constructed and installed beneath the
surface of the ground with the exception of main
overhead feeder lines.Appurtenances to these systerns
which require aboveground installation shall be
effectively screened, and, thereby, may be excepted
from this requirement.
6. Solid waste and refuse disposal. Plans
for solid waste and refuse disposal shall conform to
and be approved by the city and county health
departments.
7. Sanitary sewage system. Sewage
system will be furnished and installed in accordance
with city. standards and other pertinent city
ordinances.
8. Public water system for both domestic.
use and fire protection. Water systerns must be
installed in accordance with city standards and other
pertinent city ordinances.
9. Storm water system. When approved
positive drainage is not available, on-site containment
of storm water run-off shall be provided by the
developer. Details of the on-site system shall be
approved by the devel-opment director.
10. Access to perform necessary public
services. The developer and/or owner shall dedicate
to city any easement that city deems necessary for
public services and said dedication shall provide that
developer and/or owner shall hold city harmless for
any of its acts performed within or abutting said
easements if any loss or damage is caused to abutting
property.
11. Off-street loading. In no instance shall
off-street loading facilities front on a public
right-of-way and in no event shall these facilities be
located within eyesight of residential district.
12. Plot coverage. The gross floor area of
the building and its accessory structures shall not
exceed sixty per cent (60%) of the plot on which it is
constructed.
13. Open space. Each plot to be developed
shall contain a minimum of twenty per cent (20%)
unobstructed, nonvehicular open space. Ail open
portions of any lot shall have adequate grading and
drainage, and shall be continuously maintained in a
dust-free condition by suitable landscaping with trees,
shrubs or planted ground cover. The design of such
landscaping and the measures taken to insure its
maintenance shall be subject to the approval of the
planning and development board.
14. Maximum building height. No building
or appurtenances thereof shall exceed forty-five (45)
feet in height.
15. Distance between buildings. No
building stiall be constructed closer than twenty-five
(25) feet to another principal building on the same lot
or parcel of land.
16. District setback. Front, thirty (30)
feet; side, twenty (20) feet; rear, thirty (30) feet.
17. Peripheral greenbelt. The project area
shall be enclosed on all sides with the exception of
accessways for traffic and freight by a landscaped
area with a minimum width of twenty-five (25) feet
except when such property abuts a residential district
such greenbelt shall have a minimum width of forty
(40) feet.
It shall be the responsibility of the
owner or developer to carry out this requirement, and
to provide such maintenance or guarantee of
maintenance, subject to planning and development
· board.
I. PROCEDURES FOR ZONING LAND TO
PID. The procedure for zoning land to the PID
classification shall be the same as for zoning land
generally. Because of the differences in PID
developments and the concept of unified control in
development, the following procedures and
requirements shall apply to applications for zoning to
1997 S-5
40 Boy, ton Beach Code
the PID classific~ion in addition ~o the general
requirements.
1. Applications;materials to be submitted.
In addition to information required for application for
zoning generally, the applicant shall submit the
following materials or data:
a. Legal documents assuring unified
contwl of 'the proposed PID and the agreements
required under subsection D.
comaining:
A master site developmen~ plan
(1) The title of the project and
the names of the professional project planner and the
developer;
(2) Scale, date, north arrow, and
general location map;
(3) Boundaries 'of the property
involved, all existing streets, buildings, watercourses,
easements, section lines and other existing imp0nant
physical features in and adjoining'the project;
(4) Site plan of locations of land
uses including bm not limited to industrial areas,
gre. enbelts and proposed rights-of-way;
(5) Master plan showing access
and traffic flow; and
(6) Tabulations of total gross
acreage in the development and the percentages
thereof to be devoted to the various land uses.
Repealed by Ord. No. 78-3'/, §
I. PLANNING AND DEVELOPMENT
BOARD FINDINGS. After public hearing, the
planning and.development board may recommend to
the governing body that the PID zoning be granted,
subject to stated stipulations and conditions, or
disapproved. In making its recommendations, the
planning and development board shall f'md that the
plans, maps, and documents submitted by the
applicant and presented at the public hearing do or
do not establish that the applicant has met the
requirements of subsection I of these regulations
applicable to zoning generally, and in addition:
1. The requirements of unified control and
agreements se~ out in subseaion D;
2. The locational standards se~ out in
subsection G;
3. The inIernal PID standards' se~ out in
subsection H;
4. The tract for the proposed PID is
suitable in terms of its relationships to the city
comprehensive plan and that the area surrounding the'
proposed PID can continue to be 'developed in
coordination and substantial compatibility with the
PID proposed.
K. CONDITIONS AND STIPULATIONS. In
recommending zoning of land to PID classification,
the planning and development board may recommend
and the governing body may attach suitable
conditions, safeguards, and stipulations, in accord
with standards set out in these zoning regulations and
in this section. The conditions, safeguards and
stipulations so made at the time of zoning to PID
shall be binding upon the applicant or his successors
in interest. Deviations from approved plans except in
the manner herein set out or failure to comply with
any requirement, condition, or safeguard, shall
constitute a violation of these zoning regulations. It
is intended that no conditions, safeguards or
stipulations be required which are not within the
standards set out in these zoning, regulations and in
this section and that conditions, safeguards, and
stipulations be clearly related to the ends and
objectives of these zoning regulations and this section.
L. TIME LIMITATION FOR COMMENCING
· PLATTING.
a. Following City Commission approval
of an application for the zoning of lands to P.I.D.,
the property owner shall commence platting of the
property within eighteen (18) months of the date of
commission approval. For the purposes of this
section, the commencement of platting shall mean the
filing of a plat by the developer with the city.
Zonin~ 41
b. If platting procedures are not
commenced within the eighteen-month time period
provided for herein, then the approval of rezoning
shall be subject to review by the City Commission.
The commission shall direct staff to submit to the
City Commission an application which will down
zone the property to the original or appropriate
zoning district. Following such direction by the City
Commission, no new development permits affecting
the property shall be issued by the city until a final
determination is made by the City Commission
following-notice and public hearing.
c. Upon written request by the applicant
prior to the expiration of the eighteen-month time
period provided for herein, the City Commission
makes the time period for commencement of platting
procedures by a maximum of twelve (12) additional
months. In granting such extension, the City
Commission may impose additional conditions as it
deems necessary to ensure completion of the platting
process and to conform the project to current
development standards or, which are necessary to
preserve the health, safety, and welfare of adjacent
communities or developments.
d. Nonsubstantial changes in plans as
determined by the City Commission shall not extend
the time periods provided for herein.
M. PLATTING, SITE DEVELOPMENT
PLANS AND BUILDING PERMITS.
1. Platting. Following the zoning of land
to PID, plans and engineering drawings shall be
submitted to the city in accordance with procedures
established in city ordinances. The proposed plat shall
be in substantial compliance with the approved master
development plan submitted as part of the application
for zoning to PID. Phasing of the development of
the PID shall be permitted if the proposed plats(s)
provide for reasonable continued development in
accordance with the approved master plan.
2. Site development plans. Site
development plans shall be submitted in seven (7)
copies along with an application provided by the city
planner and a fee as adopted by resolution of the City
Commission. These site development plans shall
include but not be limited to the data and materials
required in Chapter 4 of the Land Development
Regulations. Furthermore, these site development
plans shall reflect the design criteria cited in
subsection H above.
3. Permits. No building permits shall be
issued unless and until platting procedures and the
requirements outlined in Chapter 5 of the Land
Development Regulations are completed in every
respect.
N. PLAN MODIFICATION. Master plans
approved during the process of rezoning to PID may
be considered for modification upon application to the
director of planning and zoning, submission of
acceptable documemation, and payment of the master
plan modification fee. The modification will be first
reviewed by the planning and zoning department to
determine whether the modification is consistent with
not only all current regulations but also the intent and
purpose of the comprehensive plan; and to determine
whether the change is substantial.
Upon completion of the administrative review,
findings will be forwarded to the planning and
development board which will review all submitted
documents as well as staff comments with all the
authority, functions, powers and duties vested in it by
Chapter 1.5, Article I, Section 4 of the Land
Development Regulations.
The planning and development board shall
recommend to the City Commission that they approve
the modification unconditionally, approve the
modification with conditions and/or recommendations,
or deny the modification. The board shall also
recommend to the City Commission that the
modification be considered either major or minor.
Upon completion of the planning and
development board review, findings will be forwarded
to the City Commission. The City Commission will
first determine whether the modification is major or
minor. If the Commission finds the modification to
be major, the request will be returned to the applicant
for processing as a new zoning application. The
determination of what constitutes a substantial change
shall be at the sole discretion of the Commission. If
the Commission determines that the modification is
minor, it will review all submitted documents as well
1997 S-5
42 Boynton Beach Code
as staff comments and planning and development
board recommendations. The City Commission may
then approve the minor modification unconditionally,
approve the minor modification with conditions, or
deny the minor modification.
Non-substantial (minor) modifications will not
extend time limitations for development of property
as sti :ted in LDR Chapter 2, Section 9, paragraph
C13.
O. ZONINO ADMINISTRATOR. Building
permits~ No building permit or certificate of
occupancy or zoning compliance shall be issued in or
for development in a PID district except in
conformity with all provisions of the zoning to PID
classifications and plans submitted under subsection
M of these zoning regulations. (Ord. No. 96-51,
§ 4, 1-21-97; Ord. No. 00-03, §§ 1, 2, 3-2I-O0)
(3) Textile products, apparel, and
clothing accessories, manufactured from purchased
fabric and materials, excluding spinning, weaving,
knitting, dyeing, or treating of textile mill products.
including
premises.
(4) Sailmaking and canvas goods,
retail sale of goods manufactured on
(5) Leather cutting and stamping;
fabricated leather products.
(6) Furniture, cabinets, and wood
fixtures, with gross floor area of shop not greater
than two thousand (2,000) square feet.
(7) Blind, shutter, shade, and
awning fabrication from wood, plastic, fabric, canvas,
or finished metal pieces.
M-I industrial district regulations and
use provisions.
A. M-1 INDUSTRIAL DISTRICT.
(8) Converted paper .and
paperboard products, limited to cutting, stamping,
folding, laminating, lining, coating, and treating of
purchased paper, paperboard, foil, sheet, or film
materials.
1. Permitted uses, no distance
requirement. Within any M-I industrial district, no
building, structure, land or water, or any part thereof
shall be erected, altered or used, in whole or in part,
for other than one or more of the following specified
uses; provided, however, that any use or process that
would be subject to a minimum distance requirement
under Section 8.A.2., would require an
environmental review permit under Section 8.A.3.,
would require conditional use approval under Section
8.A.4., or would be prohibited under Section 8.A.5.
shall fully comply with the provisions of those
sections, where applicable. No distance requirement
other than district setback regulations shall apply for
the following uses:
a. Manufacturing, fabrication, and
processing as follows:
(1) Bakery products.
(2) Ice and dry ice.
(9) Stone cutting and finishing.
goods.
(10) Statuary, ornaments, and art
(11) Glass and glass products.
(12) Ceramic, pottery, and
pomelain products, using only previously pulverized
clay, and using kilns fired only by electricity or gas.
(13) Investment casting.
(14) Machinery, equipment,
appliances, parts, and tools, limited to assembly of
finished parts and materials.
(15) Electrical and electronic
goods, limited to assembly of parts and materials.
(16) Plastics, rubber, or fiberglass
products, limited to cutting and assembly of parts and
materials.
2000 S-12
.' Zoning 42A
=- (17) Precision instruments,
optical equipment, photographic equipment, and
clockwork devices.
equipment.
(18) Medical and dental
(19) Household goods and other
small items such as jewelry, lapidary goods, personal
articles, toys, amusement devices, sporting goods,
musical instruments; stationary, office, and art
supplies; advertising specialties, novelties, ornaments,
notions, cookware, and flatware.
(20) Fruit packing and shipping.
(21) Artist and craftsman shops,
excluding retail display or sales on premises.
b. Commercial services as follows:
(1) Industrial,commercial, office
and professional equipment; service, repair, and
rebuilding, excluding uses specifically prohibited in
Section 8.A.5.
(2) Household goods; service,
repair, and rebuilding, excluding display or sale of
any new, used, or rebuilt merchandise at retail on
. premises, unless specifically allowed in accordance
· with Sections 8.A.l., 8.A.2., 8.A.3., or 8.A.4.
(3) Furniture and antique
upholstery, covering, and repairing.
services.
(4) Steam and pressure cleaning
1997 S-5
42B Boynton Be~ch Code
43
(5) Septic tank, sewer, and drain
cleaning and repair services, excluding storage,
treatment, transfer, dumping, or disposal of waste on
premises, provided that trucks used for the transport
of waste shall be parked and stored in conformance
with the minimum distance requirement specified in
Section 8.A.2.
(6) Packaging and labeling
services, excluding handling of materials prohibited
in Section 8.A.5.
(?) Lawn, garden, and tree
maintenance services; landscaping contractors.
(8) Rec~Srding and motion picture
studios.
(9) Catering and food services.
(2) Industrial, commercial, office,
professional, and business machinery, equipment,
fixtures, tools, and supplies, excluding uses
specifically prohibited in Section 8.A.5.
(3) Household goods; storage,
wholesale and distribution only; retail display or sales
shall be prohibited unless specifically allowed in
accordance with Sections 8.A.1., 8.A.2., 8.A.3., or
8.A.4.
(4) Building materials, home
improvement stores, lumber, door and window
hardware, shades, shutters, blinds, and awnings;
fencing, roof'mg, flooring, caxpeting, tile, hardware,
tools, paint, wallpaper, shelving, cabinets, furniture,
partitions, kitchen and bathroom fixtures, pools and
spas, glass and mirrors, plumbing and electrical
supplies, and the like, including retail sales.
laboratories.
(10) Data processing services.
(11) Research and development
(5) Finished concrete, brick, clay,
and stone building and paving materials; sewer and
water pipe, and culvert; storage, distribution,
wholesale or retail sales.
laboratories.
(12) Commercial testing
laboratories.
(13) Medical and dental
(14) Upholstery and carpet steam
cleaning businesses.
(6) Pumps, generators, motors,
fire protection equipment, and irrigation equipment,
including retail sales.
(7) Heating, cooling, ventilating,
refrigeration, solar energy, water conditioning and
heating systems and equipment, and major appliances,
including retail sales.
exterior storage.
(15) Towing companies with
retail sale.
(8) Pre-fabricated sheds, including
conditional use to
recycling facility.
(16) Vegetation recycling as a
a solid waste operating and
(9) Nurseries, greenhouses, lawn
and garden equipment, tools, and supplies, including
retail sale.
c. Storage, distribution, and
wholesale uses; retail display and sales shall be
prohibited unless specifically allowed in Sections
8.A.l., 8.A.2., or 8.A.3.
(1) Warehouses, self service
storage facilities (mini-warehouses) in accordance
with Section 11.O storagelockers, and cold storage,
excluding uses specifically prohibited in Section
8.A.5.
(10) Monuments and gravestones,
including retail sales.
(I1) Feed and farm supplies,
excluding uses specifically prohibited in Section
8.A.5.
(12) Trucks, buses, farm
equipment, construction machinery, and utility
1996 S-I
44 Bo~to~ Beach ~ode
trailers, including retail renting and sales.
(13) Passenger vehicles, boats
and pickup trucks, excluding any retail sales or
display, and excluding the keeping of vehicles in
violation of Chapter 10, Article HI of the City of
Boynton Beach Code of Ordinances.
(14) Automobile, vehicle, and
boat pans, accessories, furnishings, and supplies;
retail sales or display shall be prohibited as a
principal use and shall be permitted only as an ac-
cessory use to repair, service, rebuilding, or instal-
lation services, where such services lawfully exist.
(15) Mobile~ homes, limited to
areas west of Interstate 95.
retail sales.
(16) Ice and dry ice, including
(17) Live fish.
d. T_ransportation,. communication,
utilities, and miscellaneous uses as follows:
(1) Utilities, communications
facilities, government, and public utilities shops and
storage areas, police and fire stations, excluding uses
specifically prohibited in Section 8.A.5.
(2) Package express and
messenger service.
(3) Railroad switching yards,
freight stations and terminals, storage facilities, and
shops.
(4) Recycling pick-up facilities
for paper, glass, and cans from households.
(5) Trade and industrial schools.
(6) Radio or microwave receivers
or transmitting towers, as an accessory use to a
lawful principal use.
(7) Ambulance dispatch service.
(8) Community centers, operated
by non-profit organizations, provided that no more
than 40 % of the floor space is devoted to office use.
(Ord. No. 96-03, § 1, 3-19-96)
1996 5-2
2. Permitted uses subject to distance
requirement. Within any M-I industrial district, no
building, structure, land, or water, or any part thereof
shall be erected, altered, or used, in whole or in part
for any of the following uses, unless a minimum
distance of three hundred (300) feet is maintained
between the use and residential-zoned property. Said
distance shall be measured along a straight airline
route from the property line of residential-zoned
property to the building or portion of the lot where
the specified use is located, except that those portions
of the lot or structure which are located within the
minimum distance may be used for lawful uses other
than the uses listed below, subject to district building
and site regulations.
Any use or process that would require
an environmental review permit under Section 8.A.3.,
would require conditional use approval under Section
8.A.4., or would be prohibited under Section 8.A.5.
shall fully comply with the provisions of those
sections, where applicable.
a. Manufacturing, fabrication, and
processing as follows:
(1) Plastic products, limited to
forming of plastics materials, including compounding
of resins. Establishment of such uses within the
minimum distance requirement specified above shall
require an environmental review permit.
(2) Rubber products, limited to
forming of rubber materials; excluding tire and
innermbe manufacturing and rubber reclaiming.
Establishment of such uses within the minimum
distance requirement specified above shall require an
environmental review permit.
(3) Machine shops, welding and
metalworking shops, tinsmiths, sheet metal
fabrication, blacksmith shops; machining, stamping,
cutting, joining, forging, drawing, bending, or other
forming of metals as either a principal or accessory
use. Establishment of such uses within the minimum
distance requirement specified above shall require an
environmental review permit.
b. Other uses as follows:
(1) Asphalt paving, patching,
roofing, and sealcoating, excluding asphalt and tar
plants.
Zoning 4~
(2) Building cleaning and
janitorial services; swimming pool maintenance
services. Establishment of such uses within the
minimum distance requirement specified above shall
require an environmental review permit.
(3) Sandblasting on premises..-
(4) Bulk storage, distribution,
wholesale or retail sale of topsoil, lime, gravel,
limerock, shellrock, coal, minerals, crushed rock,
sand, cinders, fertilizer, and the like, limited to an
accessory use to a building materials store, garden
shop, nursery, contractor, or other lawful principal
use.
(1) Dairy products.
(2) Canned, frozen, or preserved
(3) Beverages and bottling.
(4) Confections.
(5) Prepared meat, seafood, and
poultry products.
(6) All other food products, not
specifically permitted in Section 8.A.I. or prohibited
in Section 8.A.5.
(5) Trucking and transfer, and
moving operations.
(6) Contractors, operative'
builders, and trade contractors shops and storage
areas. Establishment of such uses within the
minimum distance requirement specified above shall
require an environmental review permit.
(7) Parking or storage of trucks
used for the transport of septic tank waste or other
liquid wastes.
(8) Adult entertainment
establishments, in accordance with Section 11.M.
3. Uses requiring environmental review
permit. Within an M-I industrial district, no building,
structure, land, or water, or any part thereof shall be
erected, altered, or used, in whole or in part, for any
of the following specified uses, unless an
environmental review permit is secured in accordance
with the standards and procedures set forth in Section
I 1.3; provided, however, that any use or process that
would be subject to a minimum distance requirement
under Section 8.A.2., would require conditional use
approval under Section 8.A.4., or would be
prohibited under Section 8.A.~. shall fully comply
with the provisions of those sections, where
applicable.
a. Manufacturing, fabrication, and
processing as follows:
(7) Furniture, cabinets, and wood
fixtures, with gross floor area of shop of greater than
two thousand (2,000) square feet.
(8) Printing, publishing,
bookbinding, engraving, and allied industries.
products.
(9) Pharmaceuticals and biological
(10) Cosmetics.
(11) Plastics products, limited to
forming of plastics materials, including compounding
of resins, where such uses would be established
within the minimum distance requirement specified in
Section 8.A.2.
(12) Rubber products, limited to
forming of rubber materials, and excluding tire and
innertube manufacturing and rubber reclaiming,
where such uses would be established within the
minimum distance requirement specified in Section
8.A.2.
repair,
repair.
(13) Fiberglass fabrication and
including fiberglass boat fabrication and
(14) Machine shops, welding and
metalworking shops, tinsmith, sheet metal fabrication,
and blacksmith shops; machining, stamping, cutting,
joining, forging, drawing, bending, or other forming
of metals as either a principal or accessory use, where
Boynton Beach Code
such uses would be established within the minimum
distance requirement specified in Section 8.A.2.
(15) Electrical and electronic
goods involving processes other than assembly of
parts or materials.
equipment, and
machinery.
(16) Vehicles, tranaponation
boats; farm and construction
(17) Mobile homes, provided that
such uses shall be located west of Interstate 95.
(18) Plated ware manufacture;
industrial electroplating and anodizing as either a
principal or accessory use; replating shops.
(7) Print shops, photographic
laboratories, commercial photography~ commercial
an, silkscreening, lithography, typesetting, and
blueprinting services.
(8) Uniform, towel, and linen
supply services; industrial launderers; laundry and
dry,clesning plants, excluding retail pickup and
drop-off on premises; carpet and rug cleaning plants.
(9) Tire recapping.
(10) Building cleaning and
janiwfial services and swimming pool maintenance
services, where such uses would be located within the
minimum distance requirement specified in Section
8.A.2.
(19) Chemical cleaning and
etching of metals, limited to an accessory use to a
lawful principal use only.
b. Commercial services and
contractors, as follows:
(1) Concrete contractors and
pumping service, excluding concrete plants.
(2) Contractors, operative
builders, and trade contractors shops and storage
areas, where such uses would be established within
the minimum distance requirement specified in
Section 8.A.2.
(3) Automobiles, buses, trucks,
and other motor vehicles; construction and farm
equipment; service, repair, rebuilding, and storage,
exclud'mg the keeping of vehicles in violation of
Chapter 9, Article IH, of the City of Boynton Beach
Code of Ordinances, and excluding automobile
service stations selling motor fuels at re~il.
(4) Boat storage, service, repair,
rebuilding, and customizing.
and refinishing.
(5) Furniture cleaning, stripping,
(6) Exterminating, fumigating,
and disinfecting services.
c. Storage, distribution, wholesale,
and other uses, retail display and sales shall be
prohibited unless specifically permitted below or
elsewhere in this section.
(1) Petroleum and petroleum
products, including solvents and liquified petroleum
gas; bulk or nonbulk storage, sales, or distribution.
(2) Chemicals, pesticides, and
herbicides, excluding bulk storage, bulk sales, or bulk
distribution.
(3) Bulk or nonbulk wholesale or
retail sale of solvents and cleaning preparations,
including formulating of cleaning preparations for sale
on premises.
(4) Industrial and medical gases;
bottled or bulk storage, sales or distribution,
excluding chlorine, fluorine, ammonia, hydrogen
sulphide, sulphur dioxide, or toxic gases.
(5) Tempora~ amusement parks
and rides, fairs, carnivals, circuses, and revivals,
provided that all such uses shall have a minimum
frontage of two hundred (200) feet on a collector or
arterial road and the major access thereto, and that
the duration of any such use shall not exceed fourteen
04) consecutive days within any one-year period.
d. Miscellaneous uses, as follows:
(1) Any use which uses, handles,
stores, or displays hazardous materials, or which
generates hazardous waste, as defined by 40 Code of
Federal Regulations, Part 261.
4. Conditional uses. Within any M-1
industrial district, no building, structure, land or
water, or any part thereof shall be erected, altered, or
used, in whole or part, for one or more of the
following uses, unless a conditional use approval is
secured according to the standards and procedures set
forth in. Section 11.2 of these zoning regulations;
provided, however, that any use or process that
would be subject to a minimum distance requirement
under Section 8.A.2., would require an
environmental review permit under Section 8.A.3.,
or would be prohibited under Section 8.A.5., shall
fully comply with the provisions of those sections,
where applicable.
a. Manufacturing, fabrication,
processing, and extraction as follows:
(1) Grain and feed products; crop
processing.
(2) Vegetable fats and oils.
(3) Distilling and brewing.
(4) Seafood processing.
(5) Slaughtering and revxlering of
meat and poultry processing, and dressing, from
carcasses.
(6) Stockyards and feeding pens;
keeping, raising, or slaughter of livestock, horses, or
poultry.
a. Millwork and truss plants,
provided that such uses conform to the minimum
distance requirement specified in Section 8.A.2.
b. Commercial television, radio and
microwave broadcasting or relay towers.
c. Arenas, stadiums, frontons,
convention and exhibition halls, and racetracks,
provided that all such uses shall have a minimum
frontage of two hundred (200) feet on a collector or
arterial road, and shall have the major access thereto.
d. Helistops, limited to an accessory
use to a lawful principal use.
e. Cutting of sub-primal portions of
meat and pre-cut poultry into serving portions
including packaging and shipping where pre-cut
portions (entering the facility) will not exceed 10
pounds and waste generated will not exceed 1% of
pre-cut product.
5. Prohibited uses. Within any M-1
industrial district, no building structure, land, or
water, or any part thereof shall be erected, altered, or
used, in whole or in part, for any use not specifically
allowed in accordance with Sections 8.A. 1., 8.A.2.,
8.A.3., or 8.A.4. of these zoning regulations, or for
any of the following expressly prohibited uses:
(7) Rendering of animal or
marine fats, oils, and other products; use of
unprocessed bones, fat, hooves, horns, or other
unprocessed animal products for the production of
glue, soap, lard, oils, or fertilizer.
(8) Sugar processing and refining.
(9) Commercial production of
field or tree crops.
(10) Leather tanning, curing,
finishing, and coloring; storage of raw hides or skins.
(11) Tobacco processing and
tobacco products manufacturing.
(12) Weaving, spinning, knitting,
dyeing, or treating of textile mill products.
(13) Pulp mills; paper and
paperboard mills; converted paper and paperboard
products not specifically permitted in Section
8.A. 1.a.(8) of these zoning regulations.
(14) Chemicals and allied products
not specifically allowed elsewhere in this section.
(15) Wood preserving, pressure
treating, and drying.
2000 S-12
48
Boynton Beach Cod~
(I6) Fertilizer,
herbicides, and agricultural chemicals.
pesticides,
(31) Coal or coke fired kilns and
furnaces; coke ovens.
(17) Explosives, ammunition,
matches, and fireworks.
(18) Petroleum refining.
(32) Mining or quarrying,
including removal of rock, sand, muck, marl, soil,
gravel, or shellrock, except as incidental or necessary
for construction on the premises.
coal products.
(19) Petroleum, asphalt, tar, and
(20) Plastics, manufacturing of
resins, primary plastics materials, synthetic rubber,
cellulose, and synthetic fibers.
(21) Rubber, manufacture of
primary rubwr materials, tires and irmertubes, and
rubber reclaiming.
(33) Aerosol filling and packaging.
(34) Liquid, oil, or chemical
electric tramformers, manufacture or rebuilding.
b. Storage, distribution, wholesale,
retail, and services, as follows:
(1) Any retail display or sale, not
specifically allowed elsewhere in this section.
(22) Soaps, detergents, and
cleaning preparations, other than mixing or blending.
(23) Paints, varnishes, lacquers,
enamels, and allied products, other than mixing or
blending.
(24) Cement, concrete, gypsum,
lime, and plaster manufacture, and products made
therefrom, other than those uses specifically
permitted in Section 8.A. 1.a.
(25) Brick, firebrick, terra cotta,
clay pipe, structural clay tile, and refractories.
(26) Asbestos products.
(27) Processing of rock, sand,
gravel, sbellrock, limerock, mineral earths, and the
like~
(28) Primary metals
manufacturing; smelting, refining, mills, furnaces,
and foundries, except as specifically allowed in
accordance with Sections 8.A. 1., 8.A.2., or 8.A.3.
(2) Farmers' markets.
(3) Flea markets, sales-bs?aars,
swap shops, trading posts, and the like; sale or
display of used retail merchandise, other than
completely rebuilt or refinished merchandise where
such uses woUld be allowed in accordance with
Section 8.A. 1.
(4) Crematoriums and the like.
(5) Explosives, ammunition,
matches, and fireworks.
(6) Bulk storage, bulk
distribution, or bulk sale of chemicals and allied
products.
(7) Compressed chlorine,
fluorine, ammonia, hydrogen sulphide, sulfur dioxide,
or toxic gases.
(8) Bulk storage, bulk sale, or
bulk distribution of pesticides, herbicides, or
agricultural chemicals.
(29) Drop forging.
(30) Chemical cleaning or etching
of metals as a principal use, or any chemical
descaling of metals.
2000 S-12
(9) Offices or restaurants, except
as an accessory use to a lawful principal use.
chemical pest,
services.
(10) Agricultural fertilizing, and
disease, weed, or soil treatment
(11) Truck stops or automobile
service stations.
(12) Boarding kennels; guard dog
kennels and training services.
(13) Any open storage or display,
unless adequately screened, except that growing
plants which are stored or displayed shall not require
screening. Any exterior storage of motor vehicles or
boats in a wrecked condition shall be permitted only
in connection with a lawful principal use allowed
elsewhere in this section, and shall be adequately
screened. Furthermore, the open storage of farm
tractors and implements, shovels or cranes, and
special mobile equipment as defined by Section
316.003, Florida Statutes shall be. adequately
screened.
c. Transportation, communication,
utilities, and miscellaneous uses as follo, ws:
(1) Chemical and toxic waste
storage or disposal; tank truck cleaning.
(2) Land fill operations.
(3) Airports, airfields, and
landing strips.
(4) Heliports.
(5) Residences and trailer parks;
use of vehicles or house trailers as living quarters.
(6) Storage, sale, salvage,
transfer, or disposal of junk, scrap, garbage, offal,
refuse, or other waste materials, except as
specifically allowed elsewhere in this section.
(7) Recycling sorting or
processing facilities.
(8) Animal disposal facilkies.
(9) Incinerators of any type.
6. Building and site regulations:
Minimum lot area
Minimum lot frontage
10,000 square feet
None
2000 S=12
Minimum front yard 15 feet*
Minimum side yard
(interior) 15 feet one side
Minimum side yard
(comer) 15 feet street side
Minimum rear yard 20 feet**
Maximum lot coverage 60 percent
Maximum height 45 feet, not to
exceed 4 stories
*Except where rear of the lot abuts a paved alley or
street, then no side setback shall be required.
**Where rear yard abuts a railroad right-of-way or
any paved alley, the rear yard may be reduced to ten
(10) feet.
Note: Where lots abut a residential area, the
corresponding side and/or rear setback shall be a
minimum of thirty (30) feet.
All necessary roof-mounted mechanical
equipment shall be sound baffled.
7. Off-street parking. As provided in
Section 11.H. hereinafter.
(Ord. No. 95-23, § 1, 8-15-95; Ord. NO. 95-24, § 4,
8-15-95; Ord. No. 0004, §§ I, 2, 44-00)
Sec. 9. A~tration and enforcement.
A. BUILDING PERMITS REQUIRED. No
structure or building shall hereinafter be erected or
structurally altered until a building permit has been
issued by the development director. All buildings,
structures, and uses of land shall comply with the
regulations of this ordinance and with all applicable
building and health laws and ordinances. Each
application for a building permit shall be accompanied
by a survey in duplicate, drawn to scale, showing the
actual dimensions of the lot or lots to be built upon,
the size' of the building or structure to be erected or
structurally altered, its location on the lot or lots, and
such other information as may be required as to
provide for the enforcement of these regulations.
B. CERTIFICATE OF OCCUPANCY. No
building or structure hereafter erected or structurally
altered shall be issued a certificate of occupancy until
the development director makes a finding that the
building or structure has been erected or structurally
altered in conformance with the provisions of this
ordinance, and of all other applicable ordinances.
5O
Boynton Beach Code
C. COMPREHENSIVE PLAN
AMENDMENTS: REZONINGS.
1. Intent. These zoning regulations may
from time to time be amended, supplemented, or
repealed. It is the intent of this subsection that the
planning and development board serve as an advisory
body to the City Commission with respect to such
amendments, in the manner herein set forth. All
proposed amendments shall be evaluated by the
planning department, planning and development
board, and City Commission for consistency with the
comprehensive plan and shall not be approved unless
found to be consistent with. ;~e, comprehensive plan.
It is also the intent of this subsection that all rezoning
shall be in accordance with and serve to implement
the Local Government Comprehensive Planning and
Land Development Regulation Act. It is intended
that the applicant for a rezoning provide information
which is sufficient to determine whether the proposed
rezoning is consistent with the comprehensive plan.
It is further the intent of this subsection that, pursuant
to Sections 163.3194, 163.3197, 163.3201,
163.3202, Florida Statutes, the materials submitted
by the applicant may be imposed by the City
Commission as requirements or limitations with
regard to subsequent development of the property,
and that the City Commission may impose any other
requirements or limitations, in order to ensure that
development of the property is consistent with the
comprehensive plan, and ensure that impacts created
by the development are mitigated. This subsection
shall apply to all rezoning applications, and all
revised master plans in the case of planned zoning
districts, which are submitted after the effective date
of the ordinance containing this subsection.
2. General procedures.
a. Applications for amendments to
the official zoning map shall follow the procedure set
forth in paragraph 3 through 15 below, with the
following exceptions:
(1) Where an ordinance to rezone
is initiated by the city pursuant to adoption of the
comprehensive plan in its entirety, an entire plan
element, or an evaluation and appraisal report the
following exceptions shall apply:
(a) Where the ordi~nce to
rezone would cover a total area exceeding five (5)
percent of the area of the city, only the requirements
set forth in paragraphs 3., 4.a.(4), 4.a.(5), 4.a.(6),
6., 8.a., 9., 10., 12., 14., and 15. shall apply;
however where the ordinance to rezone should cover
a total area exceeding five (5) percent of the area of
the city and is accomplished through the adoption of
a new official zoning map, the requirements of
paragraphs 4.a.(4), 4.a.(5) and 4.a.(6) shall not
apply.
(b) Where the ordinance to
rezone would cover a total area which is equal to or
less than five (5) percent of the area of the city, only
the requirements set forth in paragraphs 3, 4.a~(4),
4.a.($), 4.a.(6). 4.e., 4.f., 6., 8., 9., 10., 12., I4.,
and 15.
(2) The requirements contained in
paragraph 7. below shall not apply for rezonlngs
which do not require an amendment to the future land
use map and where the subject parcel is unplatted,
and shall not apply where rezonlng is requested in
conjunction with an application for annexation, and
the rezoning would be consistent with the Palm Beach
County Comprehensive Plan, or where the proposed
zoning would be consistent with zoning or land use
recommendations contained in the City of Boynton
Beach Comprehensive Plan for the subject parcel.
All annexation applications shall, however, be
reviewed by the planning department with respect to
the annexation policies contained in the
comprehensive plan.
Where a rezoning application
would occur pursuant to an amendment to the future
land use map, the two (2) applications shall be
processed simultaneously a~ a single application,
except where provided for otherwise by Chapter 1.5,
Section 7.C of the City of Boynton Beach Land
Development Regulations. The procedures set forth
in this paragraph shall also apply for applications to
amend the future land use plan, except where such
amendments would be included as part of the
adoption of the comprehensive plan on a plan in
its entirety, or the adoption of an evaluation
and appraisal report. Therefore, "rezoning' shall
be construed to include "future land use map
amendment" in this subsection, unless a specific
Zoning 51
distinction is mi[de between the two terms.
b. For amendments which would
change the type of uses allowed within particular
'zoning districts or land use categories, or would
otherwise change the permitted uses of land, where
such amendments would occur pursuant to an
amendmem to the comprehensive plan, the two
amendments shall occur simultaneously, except where
provided for otherwise by Chapter 1.5, Section 7.D
of the City of Boynton Beach Land Development
Regulations.
c. The procedure fOr amending all
other provisions contained in the zoning regulations
shall be the same as the procedure for ordinance
adoption generally, as set forth in Florida Statutes
and the City of Boynton Beach Codes and
Regulations.
3. Initiation of amendments.
Amendments to the zoning regulations and the future
land use plan shall be initiated only by the City
Commission, the planning and development board, or
by the petition of the owners of not less than fifty-one
(51) percent of the area involved in the amendment.
For amendments which are initiated by the City
Commission or planning and development board, the
documents, letters of consent, and information
specified in paragraphs 4.b., 4.c., 4.d., 4.h.(2), and
4.h.(3) below shall not be required. For amendments
which are initiated by less than one hundred (100)
percent of the property owners of the area involved
in the amendment, such documents and letters of
consent shall be required only for property owners
who have signed the petition for the amendment.
4. Materials to be submitted with
applications. The following materials shall be
submitted, in the number of copies specified by the
planning director:
a. An application, on the forms
provided by the planning department. Such
application shall include, at a minimum, the
following information:
(1) The name, address, and
phone number of all owners, applicants, and agents.
(2) A statement of the applicant's
interest in the development of the property.
(3) Intended use of the site.
(4) Existing zoning district and
proposed zoning district.
(5) Existing category shown on
the future land use map, and proposed category.
(6) Legal description of property
which is the subject of the application.
(7) Street address or location of
the subject parcel.
(8) Area of the subject parcel, to
the nearest hundredth (1/100) of an acre.
b. A copy of the last recorded
warranty deed.
c. The following documents and
letters of consent:
(1) If the property is under joint
or several ownership: A written consent to the
application by all owners of record; and
(2) If the applicant is a contract
purchaser: A copy of the purchase contract and
written consent of the owner and seller; and
(3) If the applicant is represented
by an authorized agent: A copy of the agency
agreement, or written consent of the applicant; and
(4) If the applicant is a lessee: A
copy of the lease agreement, and the written consent
of the owner; and
(5) If the applicant is a
corporation or other business entity: The name of the
officer or person responsible for the application, and
written proof that said person has the delegated
authority to represent the corporation or other
business entity, or in lieu thereof, written proof that
he is in fact an officer of the corporation.
d. A sealed boundary survey of the
Boyfiton Beach Code
subject parcel by a surveyo~ registered in the State of
Florida, dated not more than six (6) months prior to
the date of submission of the application, at a scale
prescribed by the planning department, and
containing the following information:
(1) An accurate legal description
of the subject parcel.
(2) A computation of the total
acreage of the subject parcel to the nearest hundredth
(1/100) of an acre.
(3) A tree survey, which
conforms to the requirements of the City of Boymon
Beach Tree Preservation Ordinance. This
requirement may be waived by the planning director
where found to be unrelated to the land use or zoning
issues involved with the application.
e. A complete certified list of all
property, owners, mailing addresses, and legal
descriptions for 'all properties within at least four
hundred (400) feet of the subject parcel as recorded
in the latest official tax rolls in the county court
house shall be furnished by the applicant. Mailing
labels or addressed envelopes, and postage shall also
be provided. Said list shall be accompanied by an
affidavit stating that to the best of the applicant's
knowledge said list is complete and accurate.
f. A copy of the Palm Beach
County Property Appraiser's maps showing all of the
properties referred to in paragraph e. above, and
their relation to the subject parcel.
g. A statement by the applicant
justifying the zoning requested, including reasons
why the property is unsuitable for development under
the existing zoning and more suitable for
development under the proposed zoning.
h. A comparison of the impacts that
would be created by development under the proposed
zoning, with the impacts that would be created under
existing zoning. The maximum number of dwellings,
square footage, or intensity allowed by the proposed
zoning district shall be used to estimate impacts,
unless specific limitations on the number of
dwellings, density, or intensity are proposed by the
1997 S-5
applicant. This comparison shall include the
following:
(1) A comparison of the potential
square footage or number and type of dwelling units
under the existing zoning with that which would be
allowed under the proposed zoning or development.
(2) A statement of the uses that
would be allowed in the proposed zordng or
development, and any particular uses that would be
excluded.
(3) Proposed timing and phasing
of the development.
(4) Applications for rezoning to
commercial or industrial zoning districts which
exceed one (1) acre in area shall provide projections
for the number of employees. An estimate of the
number of employees shall not be required, however,
for applications which are initiated by the city.
(5) A comparison of traffic which
would be generated under the proposed zoning or
development, with the traffic that would be generated
under the current zoning; also, an analysis of traffic
movements at the intersections of driveways that
would serve the property and surrounding roadways,
and improvement that would be necessary to
accommodate such traffic movements. For proposed
developments which would generate over three
thousand (3,000) vehicle trips, per day; or over two
hundred fifty (250) single-directional vehicle trips
within a one-hour period; or developments in the
hurricane evacuation zone of the city containing over
100 dwelling units, a traffic impact analysis shall be
required. Said traffic impact analysis shall include
projected trip generation for the development, for all
major roadways and intersections within one and
· one-half (1.5) miles of the subject parcel, as well as
traffic that would utilize local streets through
residential zoning districts. Said traffic impact
analysis shall compare traffic levels between the
existing zoning and the proposed zoning or
development of the subject parcel, and shall take into
consideration all development that would be possible
under the current zoning within the city, adjacent
cities, and within the unincorporated area of Palm
Beach County within a radius of five (5) miles. For
those parcels lying in the unincorporated area of Palm
53
Beach County, ~Which .are not currently zoned for
urban land uses, the potential land uses according to
the Palm Beach County Comprehensive Plan shall be
used. Where said parcels are shown on the Palm
Beach County Comprehensive Plan under residential
land use categories, the midpoint of the density range
shown on County Comprehensive Plan .shall be used.
Where a county-wide study of traffic generation at
build-out has been adopted or is utilized by Palm
Beach County, the levels of traffic that are projected
by said study shall in all cases be used to project
background traffic in the traffic impact analysis
submitted by the applicant. The format and standards
used in the traffic impact analysis shall be the same
as those which are required by Palm Beach County,
with the exception of the r~quirements listed above.
Such traffic impact analysis shall include
recommendations for the mitigation of traffic
impacts, consistent with the standards which have
been adopted by or are utilized by Palm Beach
County. Traffic Impact Analyses required for
developments within the hurricane evacuation zone
must also include an evaluation of the effect of the
development on hurricane evacuation times.
(6) For parcels larger than one
(1) acre, a comparison of the water demand for
development under the proposed zoning or
development with water demand under the existing
zoning. Water demand shall be estimated using the
standards adopted by the Palm Beach County Health
Department for estimating such demand, unless
different standards are justified by a registered
engineer. Commitment to the provision of
improvements to the water system shall also be
included, where existing facilities would be
inadequate to serve development under the proposed
zoning.
(?) For parcels larger than one
(1) acre, a comparison of sewage flows that would be
generated under the'proposed zoning or development
with that which would be generated under the
existing zoning. Sewage flows shall be estimated
using'the standards adopted by the Palm Beach
County Health Depa[hnent for estimating such flows,
unless different standards are justified by.a registered
engineer. Commitment to the provision of
improvements to the sewage collection system shall
also be included, where the existing facilities would
1997 S-5
be inadequate to serve development under the
proposed zoning.
(8) For proposed residential
developments larger than one (1) acre, a comparison
of the projected population under the proposed zoning
or development with the projected population under
the existing zoning. Population projections according
to age groups for the proposed development shall be
required, where more than fifty (50) dwellings or fifty
(50) sleeping rooms in the case of group housing,
would be allowed under the proposed zoning.
(9) At the request of the planning
department, planning and development board, or City
Commission, the applicant shall also submit proposals
for minimizing land use conflicts with surrounding
properties. The applicant shall provide a summary of
the nuisances and b~,~rds associated with
development under the proposed zoning, as well as
proposals for mitigation of nuisances and
Such summary shall also include, where applicable,
exclusion of particular uses, limitations on hours of
operation, proposed location of loading areas,
dumpsters, and mechanical equipment, location of
driveways and service entrance, and specifications for
site lighting. Nuisances and hazards shall be abated
or mitigated so as to conform to the performance
standards contained in the city's zoning regulations
and the standards contained in the city's noise control
ordinance. Also, statements concerning the height,
orientation, and bulk of structures, setbacks from
property lines, and measures for screening and
buffering the proposed development shall be
provided. At the request of the plarming and
development board or City Commission, the applicant
shall also state the type of construction and
architectural styles that will be employed in the
proposed, development.
(10) At the request of the
planning department, planning and development
board, or City Commission, the applicant shall also
submit the following information:
(a) OfficialsoiIconservation
service classification by soil associations and all areas
subject to inundation and high ground water levels.
grade elevations.
(b) Existing and proposed
54
Boynton Beach Code
water bodies.
(c) ExiSting or proposed
(d) Form of ownership and
form of organization to maintain common spaces and
recreational facilities.
(e) A written commitment to
the provision of all necessary facilities for storm
drainage, water supply, sewage collection and
treatment, solid waste disposal, hazardous waste
disposal, fire protection, easements or rights-of-way,
roadways, recreation and park areas, school sites, and
other public improvements or dedications as may be
required.
(11) For rezoning to planned
zoning districts, the specific requirements for
submission of applications for rezoning to such
districts shall also be satisfied. Furthermore, all
materials required for a subdivision master plan shall
also be submitted. __
5. Fees. Fees shall be paid at the time
that the application is submitted, according to the fee
schedule adopted by the City Commission by
resolution or ordinance.
6. Processing by planning department.
The planning department shall receive all
applications, review such applications for
completeness, and transmit copies of such
applications to the city clerk for public notice and/or
notification of surrounding property owners. The
planning department shall set a public hearing date
before the planning and development board, in
accordance with the schedule adopted by the City
Commission. The planning department or City
Commission may specify certain periods of time
during which applications must be submitted.
7. Report and recommendations by the
planning department. The planning department shall
evaluate applications with respect to the following'
criteria:
a. Whether the proposed rezoning
would be consistent with applicable comprehensive
plan policies including, but not limited to, a
prohibition against any increase in'dwelling unit
density exceeding 50 ir., .'~e hurricane evacuation zone
without written approval of the Palm Beach County
Emergency Management Division and the city's risk
manager. The planning department shall also
recommend limitations or requirements which would
have to be imposed on subsequent development of the
property, in order to comply with policies contained
in the comprehensive plan.
b. Whether the proposed rezoning
would be contrary to the established land use pattern,
or would create an isolated district unrelated to
adjacent and nearby districts, or would constitute a
grant of special privilege to an individual property
owner as contrasted with the protection of the public
welfare.
c. Whether changed or changing
conditions make the proposed rezoning desirable.
d. Whether the proposed rezonmg
would be compatible with utility systems, roadways,
and other public facilities,
e. Whether the proposed rezoning
would be compatible with the current and future use
of adjacent and nearby properties, or would affect the
property values of adjacent and nearby properties.
and economically
zoning.
Whether the property is physically
developable under the existing
g. Whether the proposed rezoning is
of a scale which is reasonably related to the needs of
the neighborhood and the city as a whole.
h. Whether there are adequate sites
elsewhere in the city for the proposed use, in districts
where such use is already allowed.
The planning department shall transmit
its findings and recommendatiOns, together with the
application and materials submitted by the applicant
· in paragraph 4.g. and h.(1) through h.(10) above to
the planning and development board. The planning
director may also solicit the comments of the
technical review committee members, with respect to
consistency of the~ proposed zoning with
comprehensive plan policies and with respect to other
1997 $-5
Zoning 55
city policies and code-reqUirements, and transmit
same to the planning and development board.
8. Public notice and notice to surrounding
property.owners.
a. Applications for rezoning and(or
land use amendments shall be advertised consistent
with applicable requirements of Florida Statutes.
b. Where required in Section
9.C.2.a. above, owners of properties within four
hundred (400) feet of the subject parcel shall be
notified as to the nature of the application, and the
address or location of the property, and the time,
date, and place of the" initial planning and
development board and City Commission hearings.
Said notification shall be by regular mail and shall be
postmarked not less than thirty (30) days prior to the
hearing before the planning and development board.
9. Action by planning and development
board. The plar~ning and development board shall
conduct a public hearing, consistent with.applicable
requirements of Florida Statutes. After conducting
the public hearing, the board shall recommend to the
City Commission either that the application be
approved, approved subject to modifications, or
denied. The planning and development board shall
base its recommendation upon findings, which may
be based on the report by the planning department, or
may be based on the materials submitted by the
applicant. If the planning and development board
votes to recommend approval of the rezoning, such
findings shall include a statement that the proposed
rezoning is consistent with the comprehensive plan.
Where the board recommends limitations or
requirements as conditions of rezoning, for other than
planned zoning districts, the board shall also include
a finding that such limitations and requirements are
necessary for consistency with the comprehensive
plan.
10. Action by City Commission. The City
Commission shall conduct a public hearing,
consistent with applicable requirements of Florida
Statutes. After conducting the public hearing, the
City Commission shall either vote to approve the
application, 'approve the application subject to
modifications, or deny the application. The City
Commission may not approve any rezonmg which
increases residential density when the projected water
and sewer demand exceeds the estimates assumed in
the comprehensive plan of the city, Goal 3C Potable
Water. The City Commission shall base its action on
findings, which may be based on the
recommendations of the planning and development
board, the report by the planning department, or the
materials submitted by the applicant. If the City
Commission votes to approve the rezoning, such
findings shall include a statement that the proposed
rezoning is consistent with the comprehensive plan.
The City Commission may approve any zoning
district, land use category, or type and intensity of
use which is the same as or less intensive than that
which was requested in the application, or which
covers the same area or a lesser area than was
requested in the application, provided that such area
does not extend beyond the property described in the
application. The City Commission shall adopt an
ordinance to amend the official zoning map and future
land use map, in accordance with applicable
requirements of the City of Boynton Beach Land
Development Regulations and Florida Statutes.
Where an amendment to the comprehensive plan is
proposed in conjunction with an amendment to the
zoning regulations, the procedure set forth in Section
163.3184, Florida Statutes, for review of such
proposed amendments by the state shall also be
complied with. Where the City Commission votes to
impose limitations or requirements as conditions of
rezoning, for other than planned zoning districts, the
City Commission shall also include finding that such
limitations and requirements are necessary for
consistency with the comprehensive plan.
I1. Limitation on further consideration.
Within one (1) year after the date of final action by
the City Commission or withdrawal of the application
by the applicant, no application for like or similar
zoning may be submitted, with the exception of
applications which are initiated by the City
Commission.
12. Limitations on changes to application,
after application has been submitted. After notice of
the public hearing has been published or notification
has been mailed to surrounding property owners, the
application may not be modified before final adoption
of the ordinance to rezone, so as to include any areas
1997 S-5
$6 Boynton Beach Code
outside of the parcel described on the original
application, increase the number or intensity of uses,
request a more intensive zoning, increase the number
or intensity of uses, request a more intensive zoning,
increase the height of proposed structures, increase
traffic levels on local streets through residential
neighborhoods, increase the floor area or number of
dwellings, or substantially increase the level of any
measurable impact, nuisance, or hazard, compared to
that which was shown in the original application. All
such changes shall require a new application.
Changes which decrease any of the impacts listed
above may be requested by the applicant,
recommended by the planning department or planning
and development board, or required by the City
Commission or State of Florida, without requiring a
new application.
13. Time limitation for development of
property. In the event that no site plan is submitted
and site plan approval only is required, or the first
plat is not recorded where platting is required, or a
conforming use is not established where platting or
site plan approval is not required, within eighteen
(18) months, after final approval of the rezoning by
the City Commission, the City Commission shall
review the zoning of the property and take action as
specified in paragraphs a. or b. below. The
requirements of paragraph a. and b. below shall also
apply where site plan approval only is required and
site plan approval lapses:
a. The City Commission may extend
the zoning of the property for a period of one (1)
year or more, or may extend the zoning of the
property indefinitely. If development of the property
in manner specified above does not occur by the end
of said time extension, the City Commission may
grant additional time extensions or may take action in
accordance with paragraph b. below:
b. The City Commission may
instruct the city manager to file an application to a
more restrictive zoning district and/or furore land use
map category. The zoning of the property shall be
considered to be extended until final adoption of the
more restrictive zoning district and/or furore land
map use category.
14. Modifications to master plans of planned
zoning districts and modifications to conditions of
zoning for conventional zoning districts.
a. Planned zoning districts. Where
such modifications are proposed for a planned zoning
district, including any modifications to an approved
master plan, the procedure to be followed shall be
that which is specified in those respective sections of
the City of Boymon Beach Land Development
Regulations.
b. Modifications to requirements or
limitations imposed at time of rezoning, for
conventional zoning districts. Where changes are
proposed to the requirements and limitations which
were imposed at the time of rezoning in a
conventional zoning district, such changes shall
require review and recommendation by the planning
department and planning and development board, and
approval by the City Commission, Approval of such
changes shall be accompanied by a finding that such
changes are in accord with all regulations and
comprehensive plan policies in effect at the time of
the proposed change, and that such changes are not
sufficiently substantial so as to warrant a new
rezoning application. The determination of what
constitutes a substantial change shall be within the
discretion of the City Commission, however, any
proposed change that would increase the number of
stories, or that would increase the amount of water
consumed, the amount of sewage collected, or the
amount of traffic generated by more than ten (10)
percent, or that would create commercial or industrial
uses where not established by previously approved
zoning, or that would increase the area of property
zoned, shall in all cases require a new zoning
application.
15. Record of requirements and limitations
imposed at time of zoning or rezoning. The planning
department shall keep records of all requirements and
limitations imposed at the time of rezoning and shall
transmit a copy of same to the applicant, and make
same available for inspection by the public.
D. CIVIL ~DIES FOR ENFORCEMENT.
In case any building or structure is erected,
constructed, reconstructed, altered, repaired, or
maintained, or any building, structure, land, or water
1997 S-5
Zoning 57
is used in violation of this ordinance or any ordinance
or other regulation made under authority conferred
hereby, the proper local authorities, in addition to
other remedies, may institute any appropriate action
or proceedings in a civil action in the circuit court to
prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion,
maintenance, or use and to restrain, correct, or abate
such violation to prevent the occupancy of said
building, structure, land or water, and to prevent any
illegal act, conduct of business, or use in or about
such premises. (Ord. No. 96-151, § 15, 1-21-97; Ord.
No. 96-15 I, § 15, 1-21-97)
on public rights-of-way located within the Central
Business District and Community Redevelopment
Area of the city so as to:
a. Provide for pedestrian and driving
safety and convenience;
b. Restrict unreasonable interference
with the flow of pedestrian or vehicular traffic
including ingress into or egress from any residence or
place of business, or from the street to the sidewalk
by persons exiting or entering parked or standing
vehicles;-
Sec. 10. Reserved.
c. Provide for public and property
safety during severe weather conditions;
Sec. 11. Supplemental regulations.
A. NEWSRACK REGULATION WITHIN
THE CENTRAL BUSINESS DISTRICT AND THE
COMMUNITY REDEVELOPMENT AREA .
1. Definitions. For the purpose of this
subsection, the folloWing definitions shall apply:
a. Newsracks. Any type of
unmanned device located on public property utilized
for the vending of free distribution of newspapers or
news periodicals.
b. Public right-of-way. Any public
street, highway, sidewalk, parkway or alley.
c. Distributor. Any individual or
business entity engaged in the dissemination of any
publication utilizing a newsrack located in the City of
Boynton Beach.
d. Palm. Beach County Traffic
Engineering Standards. Those specific standards
developed by Palm Beach County, and as amended
from time to time.
2. Purpose and criteria. The purpose of
this chapter is to promote the public health, safety
and welfare through the regulation of placement,
type, appearance, servicing and insuring of newsracks
d. Provide reasonable access for the
use and maintenance of poles, posts, traffic signals,
hydrants, mailboxes and access to locations used for
public transportation purposes;
e. Relocate and/or replace newsracks
which result in a visual blight and/or excessive space
allocation on the public rights-of-way, or which
unreasonably detract from the aesthetics of store
window displays, adjacent landscaping and other
improvements, as well as to have abandoned
newsracks removed;
f. Maintain and protect the values of
surrounding properties and prevent damage to grass
right of way areas;
g. Reduce unnecessary exposure of
the public to personal injury or property damage.
h. Treat all newspapers equally,
regardless of their size, content, circulation or
frequency of publication;
i. Maintain and preserve freedom of
the press;
j. Cooperate with newspaper
distributors.
3. Newsrack permit. No person shall
place, affix, erect, construct or maintain a newsrack
2000 S-12
58
Boynton Beach Code
on or within the public right-of-way without first
obtaining a on~-tirne only certificate of compliance
for each newsrack in accordance with the provisions
of this subsection.
The newsrack shall be of a modular style that meets
the criteria set forth in this section and provide for
installation that meets wind load standards as provided
for in this section.
4. Application and issuance of newsrack
ordinance.
a. Issuing authority. The issuing
authority and coordinator shall be the City Manager
or his/her designee. The City Manager of his/her
designee shall oversee the various depaxh~ents
responsible for fairly coordinating and admires' tering
the physical placement of newsracks of the type and
location herein specified, and upon compliance with
the criteria set forth herein, the City Manager or
his/ber designee shall be responsible for the issuance
of the certificates of compliance.
b. Applications. The applicant shall
file with the City Manager or his/her designee, a
written application for the installation of a
newsrack(s), which shall contain the following
information:
1. The name, address and
telephone number of the applicant, who is the owner
and/or principal in responsible charge of the
newsrack(s).
2. The name, address and
telephone number of a responsible person whom the
city may notify or contact at any time concerning the
applicant's newsracks.
3. The applicant shall identify
the location and/or address where thc newsrack will
be located. Such information should be in sufficient
details so as to allow the city to precisely locate the
newsrack so as to ensure that its intended location
satisfies their criteria and safety standards set forth in
this chapter.
4. Names of newspapers or
periodicals to be distributed by the applicant at that
location.
5. Type or brand of newsrack,
including an illustration and description of the
newsrack and mount if other than a single pedestal.
2000 S-12
c. Issuance of certificates of
compliance. Upon a finding by the City Manager or
his/her designee that the applicant is in compliance
with the provisions of this chapter, a certificate of
compliance shall be issued for installation, by the
newspaper distributor in accordance with the
application and the provisions of this chapter. The
certificate of compliance may be subject to conditions
relative to location and duration of time that the
newsrack may be permitted.
d. Denialofcertificateofcompliance.
If a certificate of compliance for a newsrack
location(s) applied for shall be denied, the applicant
will be notified of the specific cause of such denial.
The notice of denial will suggest alternative
location(s). The applicant may reapply for substitute
alternative location(s) at no additional certificate of
compliance fee. For purposes of this section, a denial
shall be based upon a determination by the City
Manager or his/her designee, that the application has
failed to comply with either the standards, criteria
and/or requirements of this chapter.
e. Additional newsrack certificate(s)
of compliance. If at any time after initial application
for a certificate of compliance, a distributor wishes to
install additional~ newsracks, then the above
application paragraph is to be repeated in accordance
with the provisions of this section. Additional
certificate(s) of compliance fee(s) shall be in
accordance with this section, except that the $50.00
distributor's fee is waived if previously paid.
5. Insurance.
a. Prior to the issuance of a
certificate of compliance by the City Manager or
his/her designee, the applicant shall furnish to the city
a certificate of insurance. The certificate of insurance
shall state that the City of Boynton Beach is an
additional insured.
b. Reasonable evidence of equivalent
self-insurance coverage may be substituted by the
applicant for the above certificate of insurance,
Zoning 58A
subject to the approval of the Risk Management
Division of the City of Boynton Beach. Insurance
under this section shall run continuously with the
presence of the applicant's newsrack(s) in city rights-
of-way, and any termination or lapse of such
insurance shall be violation of this chapter, subject to
appropriate remedy by the Code Enforcement
Division under the applicable sections of the Code of
the City of Boynton Beach.
6. Fees. There shall be a one-time only
application fee in the amount of $50.00 for each
applicant plus $10.00 per newsrack location selected
by each applicant. Failed inspections are subject to
a re-inspection fee of $5.00. All of the above fees
will be used to defray administrative expenses related
to this subsection.
7. Appeals. An applicant who is denied
issuance, re-issuance or transfer or a certificate of
compliance or whose certificate has been revoked
may, within five (5) business days of the denial or
revocation, appeal the denial or revocation to the City
Manager in writing. Within seven (7) business days
of receipt of the appeal, the City Manager or his/her
designee shall review the application, the denial or
revocation, and any information the applicant
discloses in its written appeal and either sustain or
reverse the city's denial or revocation. The decision
of the City Manager or his/her designee on appeal is
subject to judicial review as provided by the Florida
Statutes.
8. Installation and maintenance.
color of all newsracks being installed pursuant to this
chapter shall be teal.
c. Newsracks shall carry no
advertising except the name of the publication being
distributed and cardholders kept in neat and untorn
conditior/describing the publication being distributed.
d. Newsracks for free newspapers
may omit the coin box and may have the puli bar
welded to the door to produce an "Honor Rack."
e. Newsracks shall be maintained in
good working order at all times, freshly painted with
unbroken hoods.
f. The name, address and telephone
number of a responsible person who may be contacted
at any time concerning the newsrack shall be
displayed on the hood of the newsrack in such a
manner as to be readily visible and' readable to a
prospective customer thereof.
g. Newsracks may have a color band
to be approved by the City Manager or his/her
designee, which shall have a width of 2 ~/~".
Distributors may place lettering within the color band
not to exceed 2 ~,6" in height on the front, side and
back of each newsrack provided such lettering is
either in black or white.
9. Newsrack mounting standards. The
following standards shall be applicable to the
mounting of newsracks in the City of Boynton Beach:
a. The exterior dimensions are for
newspaper racks up to six (6) publications as follows:
each rack shall utilize a 19" rectangular pedestal with
dimensions of 8" x 6 ~" with a height of 19". The
newsrack(s) shall have dimensions which shall have
a height of 55' with a depth (measured from front to
back) of 16" and a width across the front of the
newsrack of 24 1/8". The newsrack shall be of a
"K" style, "TK" style, or free style.
b. Newsracks shall have gloss
pedestals, gloss sides and door and gloss coin box
coated per standard specifications. The height of the
cabinet top of all newsracks shall not exceed thirty-
nine (39) inches above the finished grade level. The
2000 S-12
a. Newsracks may be mounted to an
existing concrete sidewalk subject to requirements of
Section 11 A. 10.
b. The newsrack foundation(s)
manufactured as a prefabricated reinforced concrete
slab shall have a minimum three and one-half (3
inch thickness, a minimum twenty-eight (28) day
compressive strength of 2500 pounds per square inch
(p.s.i.) and meet the wind load requirements of the
Palm Beach County Edition of the South Florida
Building Code.
c. The newsrack foundation(s) cast-
in-place concrete slab shall have a minimum four (4)
inch thickness, a minimum twenty-eight (28) day
$8B Boynton Beach Code
compressive strength of 3000 pounds per square inch
(p.s.i.) and meet the wind load requirements of the
Palm Beach County Edition of the South Florida
Building Code.
(8) Within five (5) feet ahead of
and fifteen (15) feet to the rear of any sign marking
a designated bus stop, measured along the edge of the
pavement.
d. Minimum three eighths (3/8) inch
diameter bolts through the four (4) comers of the
newsrack pedestal base with a minimum embedment
into the concrete foundation of three (3) inches.
e. Two (2) inch minimum concrete
edge distance for bolts.
L
concrete edges.
One half (1/2) inch chamfer on all
(9) Within two (2) feet of any bus
bench or shelter.
(10) At any location Whereby
the clear space for the passageway of pedestrians is
reduced to no less than thirty-six (36") inches.
(11) Facing another newsrack,
divided by the width of a pedestrian walk (sidewalk
or bikepath).
I0. Criteria and safety standard. All
mounting and placement of newsracks shall comply
with the adopted Palm Beach County Traffic
Engineering Standards.
a. Placement in public rights-of-way
located within the CBD and CRA. No newsrack
shall be placed, installed or maintained:
(1) Within the thirty (30) foot site
visibility triangle of a public or private roadway as
measured from the intersection from a public or
private roadway.
(2) Within thirty (30) feet from
the intersection of public or private streets.
(3) Within twenty (20) feet from
any marked crosswalk not in an intersection.
(4) Within the twenty (20) feet
site visibility triangle of a private driveway, as
measured from the intersection of a public roadway
and the edge of the private driveway.
(5) Within fifteen (15) feet of any
fire hydrant or other emergency facility.
(6) On or within two (2) feet of
traffic related signs, street lights or utility poles.
(7) Within a median, which is
defined as a landscaped or paved island in the center
of the public right-of-way.
(12) With three (3) feet of any
display window of any building abutting the sidewalk
or in such a manner as it impedes or interferes with
reasonable use of such window display or access to
and from a building entrance.
b. General. The general prohibitions
common to all business as specified in the Code of
Ordinances shall be applicable.
11. Enforcement procedures - non-
conforming newsracks.
a. Inthe event any newsrack installed
pursuant to this chapter is not maintained in
conformity with this section, it shall be subject to
appropriate action under the applicable chapters of the
Code of Ordinances and referred to the Code
Compliance Board for enforcement purposes. The
Code Compliance Board is hereby empowered to levy
a fine if it is not properly maintained as required by
this section.
b. In the event a distributor desires to
voluntarily abandon a newsrack location, said
distributor shall notify the City Manager or his
designee, completely remove the newsrack and
mount, and restore thepublic right-of-way to a safe
condition as determined by the city, leaving no holes
or projections on the mounting surface.
c. Newsracks not in compliance with
this subsection shall be subject to removal as ordered
by the Code Compliance Board.
2000 S-12
Zoning 59
B. CLUSTER DEVELOPMENTS. A cluster
of groups of two (2) or more single-family structures
may be permitted in all residential districts with the
following requirements:
All cluster housing development plans shall
be submitted to the planning and' development board
as a planned unit development.
C. NURSERY AND/OR OTHER PRE-
SCHOOL FACILITIES:
1. Day care and other preschool facilities
shall comply with the state health department and all
other regulatory agency requirements.
play areas and adjacent single family homes shall be
maximized.
D. HOME OCCUPATIONS. Home
occupations shall be permitted subject to these specific
regulations designed for the protection of residential
neighborhoods, where all of the activity takes place
within a structure, and where the principal use is for
residential purposes.
In order for any home occupation to be
permitted or continue to be permitted, the following
performance standards shall be agreed to in writing
by the applicant and be maintained for the duration of
the occupational license:
2. The building height, setbacks, parking
and total floor area shall be governed by the
applicable zoning district.
3. The following applies to facilities to be
located within zoning districts limited to single family
homes:
a. Building design shall be consistent
with surrounding residential styles;
b. Located along the following
roadway types as designated in the City of Boynton
Beach Comprehensive Plan: state arterials, county
arterials, and county collectors;
c. Minimum site size of one-half
(0.5) acre;
d. Minimum separation requirement
between commercial daycare business shall be 2,000
feet (this distance separation requirement should not
apply to daycare uses limited to specific groups such
as church members, and should not be intended to
place restrictive limits on .the expansion/improvement
of those uses existing prior to codification); and
e: Similar buffer (wall) regulations
for commercial uses that abut residential zoning
districts should apply, and distances between outdoor
1. The residential character and integrity
of the neighborhood must not be disturbed and the
occupational activity at the home shall not be
noticeable from off the premises.
2. A home occupation shall' only be
conducted within twenty (20) percent of the living
area of the dwelling including interior halls, closets
and storage areas, but excluding garages, screened
porches, accessory buildings or any similar space not
suited or intended as living quarters.
3. The home occupation shall be
conducted at the licensed address only by residents of
that dwelling unit and shall only be the type of
occupation which does not involve client business
visits to the home, and is typified by business
transactions conducted by telephone, mail, or off
premises of the licensed address.
(The giving of individual instruction to
one (1) person at a time, such as an art of piano
teacher, shall be deemed a home occupation).
4. No equipment or process shall be used
in a home occupation which creates fumes, glare,
noise, odors, vibration, or electrical interference
detectable to the normal senses off the lot, if the
occupation is conducted in a single-family residence,
or outside the dwelling unit if conducted in other than
2000 S-12
60 Boynton Beach Code
a single-family residence. In the case of electrical
interference, no equipment or process shall be used
which creates visual or audible interference in any
radio or television receivers off the premises.
5. No traffic shall be generated by a home
occupation in greater volumes than would normally
be expected in a residential neighborhood, and any
need for parking generated by the conduct of a home
occupation shall be met by off-street parking which
complies with Chapter 23, Parking Lots.
6. All storage of materials or supplies
used in the home occupation shall be done within the
living area of the dwelling unit, within the space
limitations specified in subsection 2 above and shall
not be visible from adjacent residential units.
Contractors, tradespersons and the like shall not use
their home garage or yard areas for storage of
materials and supplies used in business activities.
7. No sign or display shall be visible
other than a nonilluminated sign, not exceeding two
(2) square feet in area, placed on the exterior wall of
the residence as close as practical to the front
entrance.
8. A panel, pick-up truck, van, or similar
type of truck, not over one ton chassis configuration
may be parked in a residential zoning district. Such
vehicle, however, must be used by a resident of the
premises, and no more than one (1) such truck shall
be located on each plot.
9. A home occupation shall be subject to
all occupational license provisions defined in chapter
13 of the Boynton Beach Code of Ordinances.
E. SWIMMING POOLS. Swimming pools
shall be located, designed, operated and maintained
in accordance with the city swimming pool ordinance
and shall be subject to the approval of the
development department. No swimming pool shall
be constructed closer than eight (8) feet from any
property line and no swimming pool shall be built in
front of the building line. On comer lots, pools will
comply with the comer lot setback requirements of
the applicable zoning district. Location of above
ground pools shall comply with building setback
requirements.
1999 S-11
F. SCREEN ENCLOSURES. All screen
enclosures (screen walls and screen roof) shall
comply with building side yard setback. No screen
enclosure shall be constructed closer than eight (8)
feet from rear property line and no screen enclosure
shall be constructed in front of the building line. On
corner lots, proper~ bordering both streets shall be
considered as front yards.
G. TOWN HOUSE. All town house
developments shall conform to the district zoning and
shall meet the following minimum requirements:
I. Each town house shall have its own lot
area, each yard private and reasonably secluded from
view of streets or neighboring property.
2. Each town house shall have a direct
automotive access from the off-street parking space to
a public street.
3. All outdoor, rear yard areas used for
drying of clothes shall be screened from view from
the street and from adjoining yards and lots.
4. Parking space shall be provided for as
by Section 11-H.
H. PROVISION OF OFF-STREET PARKING
SPACES.
1. All off-street parking areas shall
conform to the design and layout requirements of
Chapter 23 of the City of Boynton Beach Land
Development Regulations, and shall be approved
according to the procedures contained therein.
2. For all required residential district
parking spaces not within an enclosed garage, the
first parking space shall be a minimum of twelve (12)
feet wide and eighteen (18) feet long exclusive of
public or private right-of-way. All other spaces
where multiple vehicle parking is required shall be a
minimum of nine (9) feet wide and eighteen (18) feet
long exclusive of public or private right-of-way. All
spaces, regardless of size, must comply with all
provisions of the Land Development Regulations, and
shall be maintained and drained so as to prevent
nuisance or danger to the public and/or adjacent
property owners.
1997 S-5
3. A certificate of occupancy for a
structure or premises shall not be issued until the
required parking area has been impected and
approved by the development director or his designee.
4. Residential driveways shall satisfy the
parking space requirements for single-family detached
dwelling units, duplexes, and multifamily dwelling
units containing garages, provided such driveways are
of sufficient size to meet the parking space
requirements of this subsection.
5. No fewer than four (4) parking spaces
shall be provided for any nonresidential use.
6. Stabilized sod may be substituted for up
to fifty (50) per cent of the required parking spaces,
where eighty (80) per cent or more of the parking
demand falls within a twenty-four-hour period each
week. Sod may be substituted only for the area of
parking stalls. All driveways, aisles, and
maneuvering areas shall be hard-surfaced and shall
conform to the design requirements contained'in
Chapter 23 of the City of Boynton Beach Land
Development Regulations. SOd parking stalls shall
have a base consisting of not less than eight (8) inches
of stabilized shell rock, lime rock, or sand, or an
equivalent material as approved by the development
director. Sod parking areas shall have dimensions
equivalent to the dimensions of paved parking areas
with ninety (90) degree parking stalls and two-way
traffic in aisles, as specified in Chapter 23 of the City
of Boynton Beach Land Development Regulations.
7. Parking space requirements shall be
computed on the basis of the principal use of a
structure or lot, and using gross floor area unless
stated otherwise in paragraph 16 of this subsection.
Gross floor area, for the purposes of this subsection,
shall include the floor area occupied by the principal
use, plus the floor area occupied by all accessory
62
Bo)~ton B~ch Code
uses, including storage rooms, maintenance and
mechanical rooms, offices, lounges, restrooms,
lobbies, basements, mezzanines, and hallways.
8. Where several principal uses exist in
one structure or on one lot, parking space
requirements shall be computed separately for each
principal use, unless stated otherwise in paragraph 16
of this subsection. Where parking spaces are
required in paragraph 16 for each of several principal
uses that commonly occur together, this is done for
the purpose of clarification on~y, and shall not limit
the application of the requirement contained in this
paragraph.
9. A use shall be considered a principal
use, for the purposes of this subsection, if it could
exist separately from all other uses in the same
structure or on the same lot, and would by itself
generate significant parking demand.
10. Where a use is located in a shopping
center, office building, or office-retail complex, the
parking space requirement for the shopping center,
office building, or office-retail complex in which it is
located shall apply; except that where a theater is
located in a shopping center the parking space
requirement for theaters shall apply for the seating or
gross floor area of the theater.
11. Where several principal uses exist in
one building or part of a building, and the floor area
of each principal use cannot be clearly delineated, the
parking space requirement for the use requiring the
greatest number of parking spaces shall apply.
12. Where a use is not listed below,
parking space requirements shall be determined by
the City Commission after review and
reconuriendation by: the planning and development
board.
13. Parking spaces required in this
ordinance for one use or structure may be allocated
in part or in whole for the required parking spaces of
another use or structure if quantitative evidence is
provided showing that parking demand for the
different uses or structures would occur on different
days of the week or at different hours. Quantitative
evidence shall include estimates for peak hour/peak
season parking demand based on statistical data
furnished by the Urban Land In.stitut~ or an
equivalent traffic engineering or land planning and
design organization. Quantitative evidence may also
include, where appropriate, field studies and traffic
counts prepared by a traffic consultant experienced in
· fhe preparation of parking studies. In addition, a
minimum buffer of ten (10) percent shall be provided
to ensure that a sufficient number of parking spaces
are available at the peak hour/peak season of parking
demand. Calculation of said buffer shall be based on
the total number of parking spaces determined to be
required at the peak hour/peak season of parking
demand. Evidence for joint allocation of required
parking space-shall be submitted to the technical
review board,-and approval of joint allocation of
required parking spaces shall be made by the City
Commission, after review and recommendations by
the planning and development board.
14. Where the number of required parking
spaces as computed includes a fraction, the number of
required parking spaces shall be the computed number
rounded to the next highest whole number.
15. There shall be provided off-street
handicapped parking spaces consistent with-Chapter
23, Article II.K of the Boynton Beach Land
Development Regulations at the time of the erection
of any structure or the enlargement of any structure.
16. There shall be provided, at the time of
the erection of any structure or establisbanent of any.
use, a number of off-street parking spaces in
accordance with the following minimum
requirements, and subject to paragraphs 1 through 15
of this subsection. Where a structure or use is
enlarged or increased in capacity by any means,
including a change in building occupancy which
requires the provision of additional parking spaces, or
a change in use to or · which requires additional
parking spaces, the minimum number of parking
spaces shall be computed by applying these
requirements to the entire structure or use.
a. Dwellings, lodging and other
buildings for habitation:
(1) Single-family and duplex
dwellings: Two (2) parking spaces per dwelling unit.
Z°~ 63
(2) Two or more bedroom
apartments: Two (2) parking spaces per dwelling
unit.
(3) One-bedroom and efficiency
apartments: Two (2) parking spaces per dwelling unit
for the first ten (10) efficiency and one-bedroom
apartments in a single structure; one and one half
(1.5) parking spaces per dwelling unit for each
efficiency and/or one-bedroom aparunent over ten
(~0) units.
c. Government, institutional, and
educational uses:
(1) Government and
government.owned or -operated uses: Parking
requirements for like or similar uses in the private
sector shall apply.
· (2) Community centers: One (I)
parking space per one hundred (100) square feet of
gross floor area.
(4) Dormitories: One (1) parking
space per rooming unit.
(5) Ro~oming and boarding
'houses: One (1) parking space per rooming unit.
(6) Hotels, apartment hotels,
motels, apartment motels, and time-sharing hotels and
motels: One and one-quarter (1.25) parking spaces
per bedroom. - -
(3) Libraries and museums: One
(I) parking space per three hundred (300) square feet
of gross floor area.
(4) Day care centers and nursery
schools: One (I) parking space per three hundred
(300) square feet of gross floor area, plus adequate
provision for a convenient drop-off area adjacent to
the building providing unobstructed ingress and
egress.
(7) Hospitals: Two and one-half
(2.5) parking spaces per bed.
(8) Nursing homes, convalescent
homes, and sanitariums: One (1) parking space per
three (3) beds.
b. Assembly:
(1) Churches, temples, and other
places of worship: One (1) parking space per four (4)
seats in the auditorium, but not less than one (1)
parking space per one hundred (100) square feet of
gross floor area for the auditorium, plus required
parking spaces for any other principal uses, including
offices, classrooms, meeting rooms, recreation
facilities and dwellings.
(2) Theaters, auditoriums,
meeting rooms, and other places of assembly: One
(1) parking space per four (4) seats, but not less than
one (1) parking space per one hundred (100) square
feet of gross floor area.
(3) Clubs, lodges and fraternal
organizations: One (1) parking space per one hundred
(100) square feet of gross floor area.
(5) Elementary and junior high
schools: One (1) parking space per five hundred (500)
square feet of 'classroom floor area, including floor
area of shops.
(6) Secondary schools and high
schools: One (1) parking space per one hundred (100)
square feet of classroom floor area, plus one (1)
parking space per two hundred (2O0) square feet of
floor area occupied by shops.
(7) Colleges, universities,
seminaries, and technical or vocational schools: One
(1) parking space per fifty (50) square feet of
classroom area, plus one (1) parking space per two
hundred (2O0) square feet of floor area occupied by
laboratories or shops, plus required space for any
other principal uses, including offices, libraries,
auditoriums, and recreation facilities.
(8) Specialized instruction,
including dance, art, and self-defense instruction: One
(1) parking space per two hundred (2O0) square feet
of gross floor area.
offices:
d. Retail services, restaurants, and
Boynton Beach Code
(1) Restaurants, bars, cocktsil
lounges, dance halls, and all other eating or drinking
establishments: One (1) parking space per two and
one-half (2.5) seats, but not less than one (1) parking
space per one hundred (liD) square feet of gross
floor area.
(2) Shopping centers: One (1)
parking space per two hundred (200) square feet of
gross leasable floor area.
(3) Office-retail complexes: One
(1) parking space per two hundred (200) square feet
of gross leasable floor area.
(4) Retail gasoline sales, retail
automotive pans and/or accessories sales, and
automotive repairs, including major repairs, but
excluding automotive paint and body shops: One (1)
parking space per two hundred fifty (250) square feet
of gross floor area.
(5) Bakeries: One (1) parking
space per two hundred (200) square feet of gross
floor area.
'(6) Florists and retail sales floor
area of greenhouses: One (1) parking space per two
hundred (200) square feet of gross floor area.
(7) Grocery stores and food
stores: One (1) parking space per two hundred (200)
square feet of gross floor area.
of paved or unpaved outdoor area used for the storage
or display of goods for sale or for rent.
(11) Boat sales or rental: One (1)
parking space per five hundred (500) square feet of
gross floor area, plus one (1) parking space per ten
thousand (10,0iD) square feet of paved or unpaved
outdoor area used for the storage or display of boats
for sale or for rent.
(12) Retail establishments notlisted
elsewhere: One. (1) parking space per two hundred
(200) square feet of gross floor area.
(13) Personal, professional, and
business services not listed elsewhere, including
testing, repairing, and servicing: One (1) parking
space per three hundred (300) square feet of gross
floor area.
(14) Laundromats or dry-cleaning
pick-up stations, and laundry or dry-cleaning plants
located in commercial zones: One (1) parking space
per two hundred fifty (250) square feet of gross floor
area (for laundry or dry-cleaning plants located in
industrial or PID zones, see (f)(3)).
(15) Printing, engraving, or
publishing located in commercial zones: One (1)
parking space per three hundred (BID) square feet of
gross floor area (for printing, engraving, or
publishing located in industrial or PID zones, see
(0(4)).
(8) Automobile, truck,
motorcycle, trailer, and recreation vehicle sales or
rental: One (l) parking space per five hundred (500)
square feet of gross floor area, plus required parking
spaces for outdoor storage or display of goods for
sale or for rent.
(9) Small equipment and tool
rental establishments: One (1) parking space per two
hundred fifty (250) square feet of gross floor area,
plus required parking spaces for outdoor storage or
display of goods for sale or for rent.
(16) Funeral homes: One (1)
parking space per two hundred (200) square feet of
gross floor area.
(17) Kennels and animal hospitals:
One (1) parking space per three hundred (300) square
feet of gross floor area, including area of outdoor
kennels.
(18) Financial institutions and
services: One (1) parking space per two hundred fifty
(250) square feet of gross floor area.
(10) Outdoor storage or display of
goods for sale or for rent, except boats: One (1)
parking space per five thousand (5,000) square feet
(19) Medical and dental clinics,
offices, and office buildings: One (1) parking space
per two hundred (200) square feet of gross floor area.
Zoning 65
(20) Offices and office buildings
not listed elsewhere: One (1) parking space per three
hundred (300) square feet of gross floor area.
(21) Art, craft, graphics, and
photographic studios: One (1) parking space per three
hundred (300) square feet of gross floor area. '-
of lot area occupied by the playing area.
(7) Bowling alleys: One (1)
parking space per two hundred fifty (250) square feet
of gross floor area, including floor area of all
adjoining uses, including restaurants, bars, pool
roon~, alld alTlusements,
(22) Beauty and barber services:
One (1) parking space per one hundred (100) square
feet of gross floor area.
(23) Furniture stores: One (1)
parking space per five hundred (500) square feet of
gross floor area.
(8) G~iums and health
centers: One (1) parking space per three hundred
(300) square feet of gross floor area. Parking space
requirements may be computed separately for floor
area occupied by athletic courts, swimming pools, or
other principal uses for which parking space
requirements are listed in this ordinance.
(24) Automotive paint and body
shops: One (1) parking space for every three hundred
(300) square feet of gross floor area. In addition,
each overhead door and interior spray booth may b~
counted toward a parking space, provided there is a
minimum area, the size of a standard parking space,
between an overhead door and an interior spray
booth. However, in no case shall less than four (4)
outside parking spaces be provided.
e. Recreation and amusement:
(9) Arcades, pool halls, and other
indoor amusement places not listed elsewhere: One
(1) parking space per one hundred (100) square feet
of gross floor area.
(10) Marinas: One (1) parking
space per boat slip, plus required parking spaces for
any other principal uses, including hotels and motels,
restaurants, retail floor area, charier boats,
sightseeing boats, drift fishing boats, and outdoor lots
occupied by boats for sale or for rent.
(1) Swimming pools: One (1)
parking space per thirty (30) square feet of water
(2) Ice skating and roller skating
rinks: One (1) parking space per one hundred (100)
square feet of rink area.
(11) Charter, drift fishing, and
sightseeing boats: One (1) parking space per three (3)
seats on each boat, but no fewer than two (2) parking
spaces per boat.
(12) Condominium and housing
development recreation buildings:
(3) Indoor athletic courts: One
(1) parking space per one thousand eight hundred
(1,800) square feet of gross floor area.
(a) No parking spaces
required for all dwelling units within a five
hundred-foot radius.
(4) Outdoor athletic courts: One
(1) parking space per one thousand five hundred
(1,500) square feet of court area and adjoining paved
(5) Golf courses: Eight (8)
parking spaces per hole.
Co) One (1) parking space
required for every four (4) dwelling units within a
five hundred- to eight hundred-foot radius.
(c) One (1) parking space for
every two (2) dwelling units outside of the eight
hundred-foot radius.
(6) Miniature golf courses: One
(1) parking space per five hundred (500) square feet
(d) Total required parking
space to be no more than one (1) space per one
1996 S-1
66 Boston Beach Gode
hundred (100) square~t'ee~ Of gross floor area.
(e) All other recreation
facilities including athletic courts and swimming
pools shall provide one-quarter of the parking spaces
that would be required by this ordinance, in addition
to required parking spaces for recreational buildings.
f. Industrial, research and
development, trades, wholesale, and warehouses:
(1) Manufacturing and industrial
uses not listed elsewhere: One ( I ) parking space per
two (2) employees, but not less than one (1) parking
space per five hundred (500) square feet of gross
floor area; plus required parking spaces for any other
principal uses, including office or retail floor area.
(2) Utilityplants: One (l)parking
space per two (2) employees, but not less than one
(1) parking space per five hundred (500) square feet
of gross floor area; plus required parking spaces for
any other principal uses, including office floor area.
(3) Laundry or dry-cleaning
plants located in industrial or PID zones: One (1)
parking space per five hundred (500) square feet of
gross floor area (for laundrornats, laundry or
drycleaning pick-up stations, and laundry or
drycleaning plants located in commercial zones, see
(d) (14)).
(4) Printing, engraving, or
publishing located in industrial or PID zones: One (1)
parking space per two (2) employees, but not less
than one (1) parking space per five hundred (500)
square feet of gross floor area (for printing,
engraving or publishing located in commercial zones,
see (d) (15)).
(5) Warehouses and other indoor
storage facilities, warehouse*industrial complexes:
One (1) parking space per eight hundred (800) square
feet of gross floor area, but not less than two (2)
parking spaces per rental unit of five hundred (500)
square feet of gross floor area or greater; plus
required parking spaces for any other principal uses,
including retail and office floor area. Parking for
multi-access facilities shall be provided at a rate of 1
space per 200 storage bays plUS 1 space per 300 feet
of office space and 2 security spaces. Parking for
limited access facilities shall be provided at a rate of
1 space per 75 storage units, plus I space per 300
feet of office space and 2 security spaces.
(6) Wholesale establishments and
distributing: One (1) parking space per eight hundred
(800) square feet of gross floor area.
(7) Moving and storage
operations: One (1) parking space per eight hundred
(800) square feet of gross floor area.
(8) Track terminals and transfer
stations: One (1) parking space per eight hundred
(800) square feet of gross floor area.
(9) Laboratories and research and
d.e.velopment: One (1) parking space per three
hundred (300) square feet of gross floor area.
g. Miscellaneous uses:
(1) Taxi offices and bus stations:
One (1) parking space per One hundred (l/X)) square
feet of gross floor area.
(2) Communications facilities,
including broadcasting facilities and telephone
exchanges: One (1) parking space per one thousand
two hundred 0,200) square feet of gross floor area,
plUS required parking spaces for any floor area
occupied by offices.
(3) Greenhouses: One(l) parking
space per two thousand (2,000) square feet of gross
floor area, plUS required parking spaces for any retail
floor area.
I. LOCATION OF OFF-STREET PARKING
SPACES.
1. Required parking spaces for all
dwellings shall be located on the same lot as the
dwelling to be served.
2. Required parking spaces for all other
uses shall be owned by the owner of the building or
1998 S-9
Zonh~ 67
lot to be served, and shall be located on the same lot,
or not more than three hundred (300) feet distant, as
measured along the nearest pedestrian walkway.
3. Parking space requirements of two (2)
or more uses of the same or different types may be
satisfied by the allocation of the required number 'c~f
spaces for each use in a ~mmon parking facility.
Joint allocation among several uses of a lesser
number of parking spaces may be permitted in
accordance with paragraph 13 of this subsection.
J. OFF-STREET LOADING:
1. For the purpose of this ordinance, the
term "off-street loading or unloading space" shall
mean a vehicular loading space constructed of a hard
surface and shall consist of a space with dimensions
not less than twelve (12) feet in width, thirty-five
(35) feet in length and fourteen (14) feet in height,
exclusive of access aisles, maneuvering space or alley
right-of-way.
2. The following spaces shall be' provided
for the uses indicated:
a. Every hospital, institution, hotel,
commercial or industrial building, or similar use,
requiring the receipt or distribution by vehicle of
materials or merchandise, shall have sufficient
permanently maintained off-street loading space so as
not to hinder the free movement of vehicles and
pedestrians over a street or sidewalk.
b. All structures requiring the pickup
of large quantities of garbage or trash shall provide
an easily accessible area for the pickup and delivery
of a dumpster ot other trash receptacle; all such areas
shall be so designed that ga~oage and trash pickup
can be accomplished without excessive maneuvering
such as turning around and backing up.
K. PERMANENT RESERVATION OF
SPACES. Area reserved for off-street parking or
loading, in accordance with the requirements of this
section, shall not be reduced in area or changed to
any other use unless equivalent off-street parking or
loading is provided in accordance with this section.
L. COMMERCIAL ESTABLISHMENTS
ENGAGED IN THE RETAIL SALE OF GASOLINE
OR GASOLINE PRODUCTS.
1. Purpose. The purpose of these
regulations is to establish development standards for
commercial establishments which engage in the sale
of gasoline, or other motor fuels. These regulations
are intended to cover businesses of any type,
including convenience stores and automotive service
stations. The development standards established by
this section would overlay the development criteria
stated in the zoning district in which these uses are
allowed. Businesses, which engage in the sale of
gasoline or other motor fuels, shall require
conditional use approval.
2. Definitions. For the purpose of this
ordinance, the following definitions shall apply:
Automotive service station. The use of
a building or other structure, on a lot or parcel of
land which includes any retail sale of gasoline or
other motor fuels.
Convenience store. Any place of
business that is engaged in the retail sale of groceries,
including the sale of prepared foods, and gasoline and
services. The term "convenience store" does not
include a store which is solely or primarily a
restaurant.
Gasoline dispensing establishments.
Any commercial enterprise, including automotive
service stations and convenience stores, which engage
in the sale of gasoline or other motor fuels to the
public.
Grade separated intersections. Use of
the term grade separated intersections shall mean any
intersection wherein one road passes over another
road by means of a bridge or an overpass.
3. Development standards.
a. Location.
(1) All gasoline dispensing
establishments shall be located only at the intersection
1998 S-9
68
Boynton Beach Code
of any combination of the following roads as
designated in the Boynton Beach Comprehensive
Plan:
County arterial,
State arterial,
Local collector, or
County collector.
(2) Gasoline dispensing
establishment shall only be located at any
intersections consisting of roads of four (4) lanes or
wider.
(3) The maximum number of
gasoline dispensing establishments located at any
intersection shall be two (2). Gasoline dispensing
establishments shall only be located at diagonal
corners of permissible intersections.
b. Minimum plot size: thirty
thousand (30,000) square feet.
c. Minimum street frontage: one
hundred seventy-five (175) feet on 'each frontage
measured from the intersecting right-of-way lines of
the public streets.
d. Driveways
(1) No driveway shall be located
less than one hundred ten (110) feet from the
intersecting right-of-way lines of public streets.
(2) Driveways shall be a
minimum of thi~y (30) feet and a maximum of
forty~five (45) feet in width.
(3) Driveways shall not be
located less than thirty (30) feet from any interior
properS, line.
(4) Driveways will be limited to
one (1) per street frontage.
e. Setbacks. Setback requirements
shall apply to all structures on the property including
the primary structure, or any accessory structures
such as car washes or above-ground_storage facilities.
(1) Front - 35 feet.
(2) Side - 20 feet.
(3) Rear - 20 feet.
(4) Other:
(a) No canopy shall be
located less than twenty (20) feet from any property
line.
(b) No gasoline pump island
shall be located less than thirty (30) feet from any
property line.
(c) The entrance to a
buildin8 wherein motor vehicles are washed by
mechanical means shall be located a minimum
distance of seventy-five (75) feet from the street lines
to provide an off-street area of waiting vehicles. Car
washes shall be a permitted accessory use at gasoline
dispensing establishments. Cat washes shall:
1. be fully automatic;
2. recycle all water
used in the car washing process.
f. Buffers.
(1) A ten-foot wide landscape
buffer shall be located along the street frontage. This
buffer shall contain one (1) tree ten (10) to fifteen
(15) feet in height with a minimum three-inch caliper
every forty (40) feet, a continuous hedge twenty-four
(24) inches high, twenty-four (24) inches on center at
time of planting with flowering groundcover.
(2) Interior property lines.
(a) A ten-foot wide
landscaped buffer shall be located on all interior
property line~. When the buffer separates the
property from a residentially zoned property, the
buffer shall contain a six-foot concrete wall
landscaped on the exterior side by a cominuous hedge
no less than thirty-six (36) inches high and planted
twenty-four (24) inches on center at time of planting;
trees ten (10) to fifteen (15) feet in height with
three-inch caliper every forty (40) feet; and
groundcover. When the buffer separates the property
1998 S-9
69
from other commercial property, the buffer shall not
be required to contain a concrete wall. Landscaping
shall be continuously maintained.
1. The wall shall be
kept in good repair and appearance at all times.
2. Openings with gates
may be allOwed where deemed appropriate by the
City Commission.
g. Design criteria. All gasoline
dispensing establishments located on designated
out-parcels to shopping centers, business centers, or
other planned commercial developments shall
conform in design to the approved design plan of the
principal center. Gasoline dispensing establishments
shall conform to the community design plan.
h. Conditional use. Gasoline
dispensing establishments are hereby designated as a
conditional use as that term is defined in Section
11.2.
i. Distance separation requirements.
No gasoline dispensing establishmem shall be located
within two hundred (200) lineal feet from a
residential structure. Distances for the purpose of
this subsection shall be measured from the boundary
line of the parcel on which the gasoline dispensing
establishment is located to the closest boundary wall
of the residential structure.
M. ADULT ENTERTAINMENT
ESTABLISHMENTS; SPECIAL RESTRICTIONS.
1. No adult entertainment establishment
shall be located closer than one thousand (1,000) feet
from any other adult entertainment establishment
measured from lot boundary to lot boundary along a
straight airline route.
2. No adult entertainment establishment
shall be located closer than one thousand (1,000) feet
from any house of worship, residential zoning
district, public usage district, recreation district, or
school, measured from. any lot boundary to lot
boundary along a straight airline route.
N. OUTDOOR RETAIL SALES BY
NOT-FOR-PROFIT ORGANIZATIONS. Special
outdoor retail sales shall be permitted in any
nonresidential zoning district, subject to the following
regulations:
1. The event is sponsored by a
not-for-profit civic, religious, school or governmental
organization.
2. The sponsors secure an occupational
license for the duration of the event, and comply with
all other applicable codes and ordinances.
3. Written approval must be secured from
the owner of the property.
4. Liability insurance which is sufficient
to cover the liability for the event shall be the
responsibility of the property owner and event
sponsor.
5. Adequate parking is provided for the
event.
6. Such event or combination of events
shall not exceed a maximum duration of four (4)
weeks per calendar on any one parcel of land.
However, a two-week extension may be provided, if
conditions warrant.
7. Permits for all temporary structures,
lighting and signs must be secured.
8. If a tent is used for the event, the tern
shall be constructed of fire-retardant treated material
and shall comply with the latest edition of the
Southern Standard Building Code, as adopted by the
city.
9. Farmers' markets, flea markets, sales
bazaars, swap shops, trading posts and the sale or
display of used retail merchandise shall be prohibited.
10. It is the responsibility of the sponsor,
within three (3) days of the expiration of the event, to
have the property cleared and brought to its original
condition.
1998 S-9
O. SELF SERVICE STORAGE FACILITIES
(MINI-WAREHOUSES).
1. General. All self-storage uses shall
comply with the following-:
a. Rental facility office. The rental
facility office shall be located facing a collector
street. A maximum of 1000 square feet of the rental
office may be devoted to the rental and sale of retail
items used for moving and storage and including, but
not limited to carton, tape and packing materials.
The propet/y manager shall be permitted to conduct
auctions for the sole purpose of selling abandoned
items left in bays, provided an appropriate license is
obtained from Occupational Licenses. The rental of
trucks and trailers used for moving and the
installation of hitch and towing packages shall be
allowed, subject to all approvals required for the
zoning district in which the self service storage
facility' is located.
b. Security quarters. A single
residential quarters for security purposes may be
established on the site of a self service storage facility
and shall be considered a limited exception to the
general prohibition of residential uses in commercial
and industrial zones. The security quarters may
continue only so long as the self service storage
facility remains active. The security quarters shall be
for the exclusive use of, and shall be occupied only
by a guard, custodian, caretaker, owner, manager or
employee of the owner of the facility, and his family.
Such person shall be actively engaged in provided
security, custodial or managerial services upon the
premises. A security quarters shall not be rented to
any person other than such persons.
c. Use of bays. The use of storage
bays shall be limited to dead storage of household
goods, personal property or records for commercial
businesses. Storage bays shall not be used to
manufacture, fabricat~ or process goods; service or
repair vehicles, boats, small engines or electrical
equipment, or to conduct similar repair activities;
conduct garage sales or retail sales of any kind; or
conduct any other commercial or industrial activity.
Individual storage bays or private postal boxes within
a self-service storage facility shall not be considered
a premises for the purpose of assigning a legal
address in order to obtain an occupational license or
other governmental permit or license to do business.
Further:
(1) The maximum size of a
.storage bay shall be limited to four hundred fif~
(450) square feet.
(2) Storage bay doors shall not
face any abutting property which is residentially
zoned, nor any public or private street.
d. Outside Storage. In connection
with a self service storage facility, open storage of
recreational vehicles and of pleasure boats of the type
customarily maintained by private individuals for their
personal use and commercial vehicles shall be
permitted provided the following:
(1) The storage area shall, not
exceed 20 percent of the area of the site.
(2) The storage area shall be
entirely screened from view from public and private
roads and abutting non-industrial zoned property by
a building on site or by installation of a six (6) foot
high solid wood or masonry fence or a building code
allowed wall supplemented with a minimum of twelve
(12) foot tall trees spaced nor more than twenty-five
(25) feet on center m~d vines a minimum of two (2)
feet in height and spaced a minimum of five (5) feet
on center located on the outside of the wall.
However, open storage of commercial vehicles in
connection with a self service storage facility located
in the C-4 district shah be screened from view by a
building on site.
(3) Vehicles shall not be stored
within the area set aside for minimum, building
setbacks or in areas designated for landscape
buffering purposes. No vehicles may be stored onsite
within the C-1 zoning district.
(4) No vehicle or boat
maintenance, or repair shall be permitted on site.
Washing shall be conducted only within a designated
wash area that drains to a storm drain equipped with
1996 S-I
Zonin~
a pollution control device acceptable to the City
Engineer. Pleasure boats stored on site shall be
placed and maintained upon wheeled trailers. No dry
storage or dry stacking shall be permitted onsite.
(5) The outside storage area shall
be constructed with a dust-free surface.
70A
district, shall not exceed thirty (30) feet. Limited
access facilities (within the M-1 Zoning District) shall
conform to the maximum height for that district. The
maximum height for multi-access storage facility shall
not exceed twenty-five (25) feet. These heights will
include any screening required to conceal air-
conditioning or any other mechanical equipment.
e. Separation between storage
buildings. If separate buildings are constructed, there
shall be a minimum ten foot separation between
individual buildings within the facility.
f. Outdoor lighting. If a facility
abuts a residential zone, outdoor lighting fixtures
shall be no more than twenty feet in height and shall
be shielded away from residential property.
g. Loudspeakers. No exterior
loudspeakers or paging equipment shall be permitted
on site.
h. A self-service storage facility shall
not be located within two thousand five hundred
(2,500) feet of another self-service storage facility
within the C-1 district.
i. Architecture. The exterior colors,
facades, windows, roof and building materials of all
structures located onsite shall be compatible with the
character of the neighborhood. Self-service storage
that will be located within the C-1 district shall
incorporate design elements associated with adjacent
office structures. Architectural elevations
demonstrating similar architectural character and
treatment, including but not limited to color,
materials, fenestration, wall articulations, window
treatments and roof treatments for all exterior sides of
all self-service storage facilities shall be submitted
and approved by the City Commission as part of site
plan approval.
j. Dumpsters and trash receptacles
shall be screened from View of adjacent lotS and
streets.
k. Height. The maximum height for
limited access storage facilities within the C-1 zoning
1. C-1 Zoning District. Only limited
access self service storage facilities will be allowed
within the C-1 zoning district.
m. Buffers. All perimeter buffers
shall be subject to the provisions of Chapter 7.5,
Article II, Section 5 concerning buffer requirementS.
In addition, any perimeter adjacent to a residential
district shall include a continuous hedge or wall in
addition to trees planted no further than 40 feet on
center.
2. Supplemental standards for multi-access
self-storage facilities. In addition to the general
standards above, multi-access self-service storage
facilities shall comply with the following regulations:
a. Minimum lot size. The minimum
lot size for a multi-access facility shall be two (2)
acres.
b. Circulation. The following on-site
circulation standards shall apply:
(1) Interior. Interior loading
areas shall be provided in the form of aisle ways
adjacent to the storage bays. These aisle ways shall
be used both for circulation and temporary customer
parking while using storage units. The minimum
width of these aisle ways shall be twenty-five (25)
feet if only one-way traffic is permitted, and thirty
(30) feet if two-way traffic is permitted. A minimum
width of twelve (12) feet of width between storage
aisles will be required when a portion of this aisle
space is utilized for outdoor storage.
(2) Flow. The one or two-way
traffic flow patterns in aisle ways shall be clearly
marked. Markings shall consist of standard
directional signage and painted lane markings with
arrows.
1998 S-9
70B Boynton Beach Code
(3) Access. Appropriate access
and circulation by vehicles and emergency equipment
shall be ensured through the design of internal
mining of aisle ways.
c. Parking. Parking shall be
provided at a rate of 1 space per 200 storage bays,
plus 1 space per 300 feet of office space and 2
security spaces.
d. Signage. Self-service storage
facilities in the M-1 district shall be subject to the
provisions of Chapter 21, Article 4. Free-standing
signs for self-service storage facilities in the C-1
district shall be limited to the monument type.
3. Supplemental standards for limited
access self-storage facilities. In addition to the
general standards above, limited-access self-storage
facilities shall comply with the following regulatiOns:
a. Minimum lot size. The minimum
lot size for a limited access facility shall be one (1)
acre.
b. Architectural compatibility. The
exterior colors, facades, windows, roof, and building
materials of all structures located onsite shall be
compatible with the character of the neighborhood.
Self-service storage that will be located within the
C-1 district shall incorporate design elements
associated with adjacent office structures.
Architectural elevations demonstrating similar
architectural character and treatment, including but
not limited to color, materials, fenestration, wall
articulations, window treatments, and roof treatments
for all exterior sides of all self-service storage
facilities shall be submitted and approved by the City
Commission as part of site plan approval.
c. Loading. Each entry point used to
access hallways leading to the storage bays shall
accommodate a minimum of two leading berths and
related maneuvering area. The loading areas shall
not interfere with the primary circulation system on
site. If a minimum 20 feet access way is provided
adjacent to the building and serves no other use
except the self-service storage facility, then the
loading area may be established parallel and adjacent
to the building. It will be required to satisfy current
regulations for driveway accessibility dependent on
one-way or two-way traffic.
d. Parking. Parking shall be
provided at a rate of 1 space per 75 storage bays,
plus 1 space per 300 feet of office space and 2
security spaces.
e. Signage. Self-service storage
facilities in the M-1 district shall be subject to the
provisions of Chapter 21, Article IV. Free-standing
signs for self-service storage facilities in the C-I
district shall be limited to the monument type.
f. Vehicular access. Vehicular access
shall be provided only from a major arterial or
collector as identified in the Comprehensive Plan.
g. Use limitations. Retail sales shall
be prohibited on site except those permitted by
Section O. 1 .a.
h. Hours of operation. The hours of
operation shall be limited to 7:00 a.m. to 9:00 p.m.
seven days a week.
i. Outdoor lighting. Outd0or lighting
shall be designed to prevent light spillage onto
residentially zoned property.
4. Multi-access and limited-access
combinations: A combination of multi-access and
limited-access storage facilities may be permitted
within the same site plan within the C-1 and M-1
zoning districts, pursuant to the supplemental
standards shown above for each of the uses.
P. MARINAS. Facilities must be provided at
every marina to accommodate proper sanitary sewer
and water connections as well as to maximize flushing
of the impacted marine basin.
(Ord. No. 95-24, § 5, 8-15-95; Ord. No. 96-51, 8 7,
1-21-97; Ord. No. 98-31, 88 2, 3, 8-4-98; Ord. No.
99-23, 8 2, ?-7-99; Oral. No. 99-34, 8 2, 12-21-99)
2000 S-12
Zoning 70C
Sec. 11.1. Nonconforming uses and structures.
A. EXISTING USES. Any lawful use of land
or structures existing--on the effective date of the
adoption or amendment of these zoning regulations,
but which would become a nonconforming use under
the terms of these regulations or future amendments
hereto, shall be permitted to continue, subject to the
provisions of this section pertaining to its extension,
alteration, reconstruction, continuance, discontinuance
or change.
B. NONCONFORMING USES OF LAND.
c. Property cannot be acquired from
adjacent parcels so as to make the subject parcel
conforming, without causing the adjacent parcels or
structures thereon to become nonconforming or more
nonconforming.
For any parcel or lot, or combination
of lots under the same ownership, where the total
frontage and the total area is equal to or greater than
that which is required by the district building and site
regulations, said property shall not be developed
except in accordance with the minimum frontage and
lot area required in the particular zoning district.
1. No nonconforming use of land shall be
enlarged or increased, nor extended to occupy a
greater area of land than was occupied on the
effective date of the adoption or amendment of these
regulations, unless such use is subsequently changed
to a use permitted in the district in which such use is
located.
2. No such nonconforming use shall be
moved in whole or in part to any other portion of the
lot or parcel occupied by such use on the effective
date of the adoption or amendment to these
regulations, nor shall such nonconforming use be
moved to any other parcel or located in any district
within which said use is not permitted.
3. No additional structures or buildings
shall be erected in connection with such
nonconforming use of land.
C. NONCONFORMING LOTS.
1. A detached single-family dwelling may
be constructed on any parcel located in an R-I,
R-IA, R-2 or R-3 district, provided that it meets all
of the following requirements:
a. The parcel comains at least one (1)
whole platted lot;
Not more than one (1) parcel or lot, or
combination of lots under the same ownership, that is
nonconforming but which meets the requirements
under b. above may be developed for a single-family
house.
Ownership of parcels shall be
determined by the property tax rolls on file in the
Palm Beach County Property Appraisei"s Office as of
the effective date of this ordinance.
2. Within R-2 districts, in subdivisions
platted prior to the effective date of this ordinance,
where the platted lots have a frontage of at least forty
(40) feet but less than fifty (50) feet, the following
rules shall apply:
a. A detached single-family dwelling
may be constructed on any such parcel, provided that
it meets all of the following requirements:
(1) The parcel contains at least
one (1) whole platted lot.
(2) Property cannot be acquired
from adjacent parcels so as to make the subject parcel
conforming, without causing the adjacent parcels or
structures thereon to become nonconforming or more
nonconforming.
b. The parcel has a frontage of not
less than fifty (50) feet, and a lot area of not less than
five thousand (5,000) square feet;
b. A duplex dwelling may be
constructed on any parcel, provided that it meets the
following requirements:
(1) The parcel contains at least
two (2) whole platted lots;
1999 S-11
70D Bovaton Beach Code
(2) Property cannot be acquired
from adjacent parcels so as to make the subject parcel
conforming, without causing the adjacent parcels to
become nonconforming or more nonconforming.
c. For any parcel, lot, or
combination of lots, where the total frontage is equal
or greater than one hundred twenty (120) feet, and
the total area is greater than twelve thousand (12,000)
square feet, said property shall not be developed
except in accordance with the minimum frontage and
lot area required in the R-2 zoning district.
1999 S- 11
Z°nlnS 71
d. Ownership of parcels shall be
determined by the property tax rolls on file in the
Palm Beach County Property Appraiser's Office as of
the effective date of this ordinance.
3. A detached single-family dwelling .may
be constructed on any parcel located in an R-1AA
district, without requiring a variance, provided that it
meets the following requirements:
a. The parcel contains at least one
(1) whole platted lot.
structures thereon to become nonconforming or more
nonconforming.
Not more than one (1) lot parcel or lot,
or combination of lots under the same ownership, that
is nonconforming but which meets the requirements
of this paragraph may be developed for a
single-family house.
5. In the R-IAAA zoning district, all
nonconforming lots shall require variance in order to
be developed.
b. The parcel has a frontage of not
less than sixty (60) feet, and a lot area of not less
than six thousand seven hundred fifty (6,750) square
feet in area.
6. The densities created by the rules set
forth above shall be construed to be in conformance
with the densities shown on the future land use map
contained in the city's comprehensive plan.
c. It would not be possible to.
acquire property from adjacent parcels so as to make
the subject parcel conforming, without causing the
adjacent parcels or structures thereon to become
nonconforming or more nonconforming.
For any parcel or lot, or combination
of lots under the same ownership, where the total
frontage and the total area is equal to or greater than
that which is required by the R-1AA district building
and site regulations, said property shall not be
developed except in accordance with the minimum
frontage and lot area required in the particular zoning
district.
Not more than one (1) parcel or lot, or
combination of lots under the same ownership, that is
nonconforming but which meets the requirements
under b. above may be developed for a single-family
house.
Ownership of parcels shall be
determined by the property tax rolls on file in the
Palm Beach County Property Appraiser's Office as of
the effective date of this ordinance.
4. In the R-1AAB district, any parcel
which includes, at a minimum, one (1) whole platted
lot may be developed without requiring a variance, if
it would not be possible to acquire property from
adjacent parcels so as to make the 'subject parcel
conforming, without causing the adjacent parcels or
7. Nonconforming lots which may be
developed without requiring a variance, and which lie
in residemial districts, shall meet the minimum
property development regulations that are generally
applicable in the district; except, however, that the
minimum setbacks shall be as follows:
Minimum yard setback requiremems:
From yard
Side yard (comer)
Side yard (imerior)
Rear yard
25% of depth
20% of depth
15% of width
25% of depth
provided, however, that the setbacks
specified above shall, in no instance, be construed to
be greater than the setbacks that are generally
applicable in the district in which the lot is located.
The minimum living area on such lots
shall be permitted to be reduced below the minimum
living area required by the district building and site
regulations, to the extent that this reduction is
necessary in order to maintain the abovementioned
setbacks. Furthermore, the maximum lot coverage on
such lots shall be permitted to be increased above the
maximum lot area allowed by the district building and
site regulations, to the extent that this increase is
necessary to obtain the minimum living area required
by the district building and site regulations.
72 Boynton Beach Code
districts.
8. Nonconforming lots in nonresidential
the effective date of the adoption or amendment of
these regulations.
a. In nonresidential zoning districts,
if the value of buildings on the lot or parcel as shown
on the latest Palm Beach County tax rolls is not less
than sixty thousand dollars ($60,000.00), and both
the lot area and lot frontage are not less than
eighty-five (85) percent of that required for the
particular district, then structures and floor area may
be added and the use may be changed from a
residential to a nonresidential use on a
nonconforming lot, without requiring a variance for
the lot area or lot. frontage. If the value of
improvements on the lot or parcel is less than sixty
thousand dollars ($60,000.00), or if either the lot
area or lot frontage is less than eighty-five (85)
percent of that required for the particular district,
then a variance shall be required in order to add
structures or add floor area to existing buildings or
change the use from a residential to a nonresidential
use. Improvements which do not add structures or
floor area or change the use of the property shall be
permitted, regardless of the value of structures on the
property, or the lot size or frontage. For
nonconforming lots which are vacant or are proposed
to be cleared and' redeveloped, a variance shall be
required prior to the construction of any structures or
establishment of any use on the lOt or parcel.
b. The value of buildings shall be
determined from the latest tax rolls on file at the
Palm Beach County Property Appraiser's Office.
D. NONCONFORMING USES OF
STRUCTURES.
1. The nonconforming use of a building
or other structure may be extended throughout any
pan of the building or structure which was clearly
designed and intended for such use at the date of the
effective adoption or amendment of these regulations.
Any nonconforming use which occupies a portion of
a building or other structure not originally designed
or intended for such use shall not be extended to any
other pan of the building or structure. No
nonconforming use may be extended to occupy any
land outside the building or structure, nor any
additional building or structure on the same plat,
which was not used for such nonconforming use at
2. No structure used for a nonconforming
use shall be enlarged, extended, reconstructed or
structurally altered, unless the use is changed to one
which complies with tbe provisions of this chapter
[ordinance]. However, ordinary repairs, maintenance
and improvements, such as plumbing or wiring,
replacement of nonbearing walls, fixtures or other
interior alterations, shall be permitted each year in an
amount not to exceed twenty-five (25) percent of the
assessed value of the building or structure for that
year as determined by the Palm Beach County
Property Appraiser, subject to the provisions of the
preceding paragraph and provided such work does not
increase the cubic volume of the structure, the floor
area devoted to the nonconforming use or the number
o.f. dwelling units. Nothing in these regulations shall
prevent compliance with applicable laws or
ordinances relative to the safety and sanitation of a
building occupied by nonconforming use.
E. NONCONFORMING STRUCTURES. The
lawful existence of a structure or building at the
effective date of the adoption or amendment to these
regulations, although such structure or building does
not conform to the building and site regulations of
these regulations for minimum lot area and
dimensions, minimum yard setback requirements,
maximum building height, total floor area
requirements, or other characteristics of the structure,
or its location on the lot, may be continued so long as
it remains otherwise lawful. A nonconforming
structure or building (as opposed to a structure or
building used for a nonconforming use) may be
maintained and repaired, but it shall not be added to
or altered in a fashion so as to increase the extent to
which the structure or building is in violation of
applicable regulations. A nonconforming structure or
building may be added or altered if such alteration or
addition does not in itself constitute a further violation
of existing regulations.
F. RECONSTRUCTION OR REMOVAL. If
any structure is destroyed to such an extent that the
cost of rebuilding, repair and reconstruction will
exceed seventy (70) percent of its current assessed
valuation as determined by the Palm Beach County
1997 S-5
Zon~n~ ?~
Property Appraiser, or for any reason is moved any
distance, it shall not again be used or reconstructed
except in conformity with the provisions of these
Land Development Regulations.
G. CONTINUANCE, DISCONTINUANCi~
OR CHANGE OF NONCONFORMING USE.
1. A nonconforming use of land or
structure shall not be changed to any other use except
one which would be permitted as a conforming use in
the district in which the land or building is located.
However, no change shall be required in the plans,
construction, or designed use of any structure for
which a building permit was lawfully issued pursuant
to Chapter 20 of the Land Development Regulations,
and upon which construction has actually begun prior
to the effective date of the adoption or amendment of
these regulations.
2, Any pan of a structure or land
occupied by a nonconforming use which is. changed
to or occupied by a conforming use shall not
thereafter be used or occupied by a nonconforming-
use.
3. If for any reason a nonconforming use
of land, structure or any pan thereof ceases or is
discontinued for a period of more than six (6)
consecutive months, except when government action
impedes access thereto, the land shall not thereafter
be used for a nonconforming use.
H. STATUS OF EXISTING USES
REQUIRING CONDITIONAL USE APPROVAL.
Any use or structure in lawful existence at the time of
adoption or amendment of these zoning regulations
which would thereafter require a conditional use
approval under its provisions shall be construed to be
a nonconforming use. Such uses or structures may
become conforming upon application, review, and
approval as a conditional use according to the
procedures and standards set forth in these zoning
regulations for conditional use approvals. However,
if approval of a conditional use is not granted for
such use or structure, then it shall continue to be
construed as nonconforming. Any enlargement,
increase, extension, or intensification of a use or
structure which would require such approval a~ if it
1997 S-5
were a new use or structure. Any alteration or
movement of such use which the development director
finds does not enlarge, increase, extend, or intensify
the use, shall not require conditional use approval,
but shall conform to all other applicable provisions
contained in the Boynton Beach Land Development
Regulations.
I. STATUS OF EXISTING USES
REQUIRING ENVIRONMENTAL REVIEW
PERMITS. Any use or structure in lawful existence
at the time of adoption or amendment of these zoning
regulations which would thereafter require an
environmental review permit approval under its
provisions shall be construed to be a nonconforming
use. Such uses or structures may become conforming
upon application, review, and approval of an
environmental review permit, according to the
standards and procedures set forth in these zoning
regulations for environmental review permits.
However, if approval of an environmental review
permit is not granted for such use or structure, then
it shall continue to be construed as nonconforming.
Any enlargement, increase, extension, or
intensification of a use or structure which would
require an environmental review permit shall require
such approval as if it were a new use or structure.
Any alteration or movement of such use which the
development director finds does not enlarge, increase,
extend, or intensi~ the use shall not require an
environmental review permit, but shall conform to all
other applicable provisions of the City of Boynton
Beach Land Development Regulations.
(Ord. No. 96-51, § 8, 1-21-97)
Sec. 11.2. Conditional uses.
A. SCOPE. Where zoning district regulations
indicate that a use is allowed as a conditional use, the
procedures, requirements, and standards set out in
this section shall apply.
B. DEFINITION. A conditional use is a use
that would not be appropriate generally, or without
restriction, throughout a zoning classification or
district. Such uses however, if controlled as to area,
location, number, or relation to the neighborhood,
would promote public appearance, comfort,
convenience, general welfare, good order, health,
morals, prosperity, and safety of the city. Such uses
74 Boynton Beach Code
may be allowed in a zoning classification or district
as a conditional use if specific provision for such a
conditional use is made in these zoning regulations.
C; PROCEDURES. Any person, firm or
corporation owning property within the City of
Boynton Beach, desiring to obtain a conditional use,
shall proceed in the following manner:
1. The owner shall submit an application
to the planning director, on forms prescribed by the
director. Designation of a person other than the
owner to sign the application shall be in writing and
attached to the application. Each application shall be
accompanied by a fee as adopted by resolution of the
City Commission payable to the City of Boynton
Beach, Florida.
2. The planning director shall then refer
the application to the planning and development board
for a public hearing in accordance with the following:
a. The owners of all property
located four hundred (400) feet surrounding the
subject parcel shall be notified.
b. The ownership of all the
surrounding properties as submitted by the applicant,
shall be reviewed by the city clerk, who shall notify
the owners by regular mail of the date and purpose of
the public hearing. Mailing shall be at least ten (10)
days in advance of the public hearing so that owners
may be represented in person, or by proxy. For
notification purposes, the owners of property shall be
those recorded on the latest official county tax rolls.
c. Notice of the public hearing shall
also be advertised in a newspaper published in this
city at least ten (10) days in advance of the hearing.
3. After holding a public hearing and
reviewing the application, the planning and
development board, subject to the standards of
subsection D below, may approve (with or without
conditions' and safeguards) specifying a time limit
within which the conditional use must be developed,
or it may deny the conditional use. A written report
of the board's findings shall be forwarded to the City
Commission.
4. Upon receipt of any rq~on and
recommendation, the City Commission at a regular
meeting shall review the application, and subject to
the standards of subsection D below, may approve
(with or without conditions and safeguards) specifying
a time limit within which the conditional use must be
developed, or it may deny the conditional use.
5. After receiving approval from City
Commission, the applicant may proceed to furnish the
necessary information to the development department
for obtaining building permits. The development
department shall not issue a building permit unless
such permit conforms in every respect to the
conditional use as approved by City Commission.
D. STANDARDS FOR EVALUATING
CONDITIONAL USES. The planning and
development board and City Commission shall
consider only such conditional uses as are authorized
under the terms of these zoning regulations and, in
connection therewith, may grant conditional uses
absolutely or conditioned upon the faithful adherence
to and fulfillment of such restrictions and conditions
including, but not limited to, the dedication of
property for streets, alleys, recreation space and
sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens'
general welfare, or deny conditional uses when not in
harmony with the intent and purpose of this section.
In evaluating an application for conditional use, c~
board and commission shall consider the effect of c.
proposed use on the general health, safety and welfare
of the community and make written findings
certifying that satisfactory provision has been made
concerning the following standards, where applicable:
1. Ingress and egress to the subject
property and proposed structures thereon, with
particular reference to automobile and pedestrian
safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
2. Off-street parking and loading areas
where required, with particular attention to the items
in subsection D. 1. above, and the economic, glare,
noise, and: odor effects the conditional use will have
on adjacent and nearby properties, and the city as a
whole.
~Zonln~
3. Refuse-and service areas, with
particular reference to the items in subsection D. 1.
and D.2. above.
4. Utilities, with reference to locations,
availability, and compatibility.
5. Screening, buffering and landscaping
with reference to type, dimensions, and character.
6. Signs, and proposed exterior lighting,
with reference to glare, traffic safety, economic
effect, and compatibility and harmony with adjacent
and nearby properties.
developing a conditi°nal use have been construCted on
the property.
2. The City Commission may extend a
conditional use approval in accordance with the
standards set forth herein. If the City Commission
does grant approval for an extension of a conditional
use, it shall also set a time period for such extension,
and in the event that development has not progressed
to the extent specified in subsection E.I. above at the
expiration of the time period, then the extension shall
be deemed to have expired. However, an applicant
may apply for more than one (1) extension of a
conditional use.
7. Required setbacks and other open
spaces.
8. General Compatibility with adjacent
properties, and other property in the zoning district.
9. Height of buildings and structures, with
reference to compatibility and harmony to adjacent
and nearby properties, and the city as a whole.
10. Economic effects on adjacent and
nearby properties, and the city as a whole.
il. Conformance to the standards and
requirements which apply to site plans, as set forth in
Chapter 4 of the City of Boynton Beach Land
Development Regulations.
12. Compliance with, and abatement of
nuisances and hazards in accordance with the
performance standards, Section 4.N of Chapter 2;
also, conformance to the City of Boynton Beach
Noise Control Ordinance, Chapter 15, Section 15.8
of the Boynton Beach Code of Ordinances.
E. TIME LIMITATION; EXTENSION OF
CONDITIONAL USES.
1. When the City Commission approves
a conditional use, it shall establish a time limit within
which a conditional use may be developed. In the
event that the conditional use is not developed within
said time limitation, it shall expire unless
improvements representing twenty-five (25) percent
of the total cost of all improvements to be used in
a. An application for an extension of
a conditional use shall be submitted to the planning
director on forms prescribed by the director not less
than forty-five (45) days prior to its expiration. Each
application for extension shall be accompanied by a
fee as adopted by resolution of the City Commission,
payable to the City of Boynton Beach, Florida. The
planning director, upon receipt of a properly
completed application, shall forward the same to the
planning and development board Which shall make a
recommendation to the City Commission to either
approve or deny the extension request. If the
recommendation of the planning and development
board is for approval, it shall also recommend a time
period for the extension.
b. In evaluating applications for
extensions, the City Commission and planning and
development board shall use the following standards:
(1) Where there are substantial
physical improvements on the land. Developmem
approval for any extension is granted by the city only
to enable an applicant to complete development and
construction of a project as opposed to permitting a
land speculator to retain an approval to more readily
sell the land. Thus, consideration shall be given to
applicant's genuine desire to physically develop the
land involved as evidenced by his diligence and good
faith efforts to actually commence and complete
construction of the project for which original approval
was granted. In determining good faith, some factors
to be considered are: The extent to which construction
has commenced, when construction has occurred
(construction which is commenced immediately
76 Boynton Beach Code
preceding expiration generally indicating a lack of
good faith), and the extent to which there has been a
bona fide continuous effort to develop but because of
circumstances beyond the control of the applicant, it
was not possible to meet the time limitation referred
to in subsection E. 1. above.
(2) When the land has not been
substantially physically improved or the applicant has
not met the standards of E.2.b.(1) above. The
application shall be evaluated in accordance with the
criteria set 'forth in Section 11.2D. which relates to
an original application to be considered under this
subsection, the planning director may require the
submission of such additional and current information
as he may deem appropriate to evaluate the
application. The additional and current information
requested shall be of the same type as is required
under Section 11.2F. for an original conditional use
application.
(3) When a. conditional use
expires and no extension has been approved. Any
building permits outstanding with reference to such
conditional use shall also expire, unless as to a
particular permit, construction has commenced as
defined in Chapter 5 of this Code.
F. CONTENTS OF THE CONDITIONAL
USE APPLICATION. Applications for conditional
use shall contain the following items, where
applicable:
1. Statement of the applicant's interest in
the property to be developed, including a copy of the
last recorded warranty deed, and a certificate from an
attorney-at-law or a title insurance company
certifying who the current fee simple title holders of
record of the subject property are, and the nature and
extent of their interest therein, and
a. If joint and several ownership, a
written consent to the development proposal by all
owners of record, or
b. If a comract purchase, a copy of
the purchase contract and written consem of the
seller/owner, or
c. If an authorized agent, a copy of
the agency agreement and written consent of the
principal/owner, or
d. If a lessee, a copy of the lease
agreement and written consent of the owner, or
e. If a corporation or other business
entity, the name of the officer or person responsible
for the application, and written proof that said
representatives have the delegated authority to
represent the corporation or other business entity, or
in lieu thereof, written proof that he is in fact an
officer of the corporation.
2. Legal survey, prepared by a surveyor
registered in the State of Florida, showing an accurate
legal description of the subject property, and the total
acreage computed to the nearest one-tenth (1/10) of
an acre.
3. Vicinity map showing the location of
the subject property in relation to the surrounding
street system.
4. Drawing showing the location of all
property lying four hundred (400) feet surrounding
the subject parcel, and a complete list of the property
owners' names, mailing addregses and legal
descriptions. The owners of property shall be those
recorded on the latest official county tax rolls. Such
list shall be accompanied by an affidavit stating that
to the best of the applicant's knowledge, said list is
complete and accurate.
:5. Site plan drawn to an appropriate scale,
showing the following:
a. Name of the project.
b. Name, address, and telephone
number of the owner and applicant.
c. North arrow, date, and scale.
d. Legal description.
e. Location of all proposed buildings
and structures, indicating their setback distances from
the property lines and roadways.
f. Intended ~e of all buildings
g. Existing and proposed means of
vehicular ingress and egress to the subject property.
Indicate traffic flow and show how vehicular traffic
will be separated from pedestrian and other types of
traffic.
h. Location of off-street parking and
loading areas, showing the number of parking spaces,
and the dimensions of parking aisles and driveways.
i. Location of all utility lines
including gas, power, sewer, water, etc.
j. Location of all buffers, fences,
screens and walls, showing height and type of
materials used.
k. Location of ali signs indicating
height, lighting, and type of materials used.
1. Location of outdoor lighting
showing direction, height, and type.
m. Locationofsolid waste containers,
refuse, and service areas, indicating dimensions, type
of materials used, and type of screening.
n. Site development date,' including:
(1) Zoning district
(2) Area of subject property
sq. ft. __ acres.
(3) Type of development
(4) Parking spaces required
(5) Parking spaces provided
(6) Ground floor building area
sq. ft. % of site.
(7) Total floor area
% of site.
sq. ft.
sq. ft.
(8) Lar~cape area
' % of site.
(9) Parking and street area
sq. ft. % of site.
(10) Building heights, ft.
~. stories
If the proposed project is a residential development,
the following additional data shall be shown:
(11) Number of dwelling units _
(12) Gross density
(13) Number and type of dwelling
(a) Efficiency
Co) One bedroom __
(c) Two bedroom __
(d) Three bedroom
(e) Four bedroom __
(f) Total number of units _
dwelling unit:
sq. ft.
sq. ft.
sq. ft.
sq. ft.
(14) Floor area of each type of
(a) Efficiency
(b) One bedroom
(c) Two bedroom
(d) Three bedroom
78 Boynton Beach Code
sq. ft.
(e) Four bedroom __
following:
(15) Indicate the total area of the
(a) Principal buildings
__ sq. ft. % of site.
(b) Accessory buildings__
sq. ft. % of site.
(c) Recreation areas
sq. ft. % o_f site.
(d) Water bodies
sq. ft. % of site.
(e) Golf course
sq. ft. % of site.
o. Any other information necessary
to establish compliance with the section.
Furthermore, any information required for site plans
in accordance with Chapter 4 of the City of Boynton
Beach Land Development Regulations shall also be
required.
safety, or general welfare of the city or the public.
Such uses may be allowed upon the submission,
review, and approval of an application for an
environmental review permit according to the
standards, requirements, and procedures set forth in
this section,
C. PROCEDURES. Any person, firm, or
corporation owning property within the City of
Boynton Beach, or intending to operate a use
thereupon, and desiring to obtain an environmental
review permit for the use of such property, shall
proceed in the following manner:
1. The owner shall submit an application
to the city planner, on the forms prescribed by the
city planner. Data and plans contained in or
accompanying the application may be for the
maximmn anticipated extent of the project or any
characteristic thereof, and approval of an
environmental' review permit shall be for any extent
of the project, up to and including the maximum
approved. A single application and application fee
may include one or more uses requiring an
environmental review permit, provided that all such
uses are located on the same premises or property.
All applications shall contain at a minimum, the
following information:
Sec. 11.3. Environmental review permits.
a. Name of the project.
A. SCOPE. Where zoning district regulations
indicate that a use may be allowed subject to
obtaining an environmental review permit, the
procedures, requirements, and standards s~t forth in
this section shall apply.
B. INTENT AND PURPOSE. Those uses
which require an enviwnmentai review permit in a
zoning district are uses which would bo appropriate
in the particular zoning district only upon findings by
the environmental review committee to the effect that
the establishment of the use in a particular manner on
a specific site would not violate the provisions of
Section .4.N, Chapter 2, would not impair the
functioning of any infrastructure or public services,
would not impair the use, enjoyment, value, or
development of adjacent or nearby property, and
would not impair the general appearance, comfort,
convenience, good order, health, morals, prosperity,
b. Name, address, and telephone
number of the owner, applicant, and agent.
c. Authorization, by the owner, of
any person other than the owner to sign the
application, to be provided in writing and attached to
or contained in the application.
d. Statemem of the applicant's
interest in the property.
site.
e. Street address or location of the
f. Legal description of the site.
g. Intended use(s) of the site.
h. Names of all persons who prepared
79
the documents and plans accompanying the
application, including the archit~t, landscape
architect, site planner, engineer, surveyor, and traffic
engineer.
i. Zoning district.
j. Area of the site, in acres and
square feet.
h. Use of each structure, indicated on
the site plan.
i. Indication of the height and
number of stories of each structure.
j. General floor plans for all
structures, including indication of all window and
door openings and their sizes.
k. Total floor area, and floor area to
be devoted to each use.
k. Uses within each structure,
indicated on floor plans.
1. Maximum height of structures on
site, in feet and stories. - -
1. Uses outside of structures, and
approximate extent, indicated on the site plan.
2. The following information and
showings shall be contained on the plans or
documents, provided in six (6) copies, accompanying
the environmental review permit application. The
applicant shall have the option Of stating that any of
the information Or showing~ listed below is not
provided, if the environmental review committee
finds that such information or showings are
nonessential.
parcel.
a. Boundaries and dimensions of the
b. Numerical scale, graphic scale,
north arrow, and date.
m. Location of walls, fences, and
hedges, including their height and materials.
n. Information regarding form of
ownership (condominium, fee simple, lease, etc.)
o. Location of existing utility lines on
or adjacent to the property indicated On the site plan.
Also, location of existing fire hydrants on or within
three hundred (300) feet of the site.
p. Location of additional fire
hydrants, to meet standards set forth in Article X,
Section 16, of the subdivision and platting
regulations.
districts.
c. Adjacent land uses and zoning
site.
d. Zoning district setback lines on the
e. Pavement edge and/or
right-of-way lines for all streets, alleys, sidewalks,
turn lanes, driveways, and unimproved rights-of-way,
within one hundred (100) feet of the site; also, names
of adjacent streets and rights-of-way.
q. Fire flow calculations justifying
line size for both on and off-site water lines, if new
water lines or fire hydrants are required.
r. Schematic engineering drawings
for proposed utilities as per city specifications.
s. General location of off-street
parking and loading facilities and number of parking
and loading spaces; also, location of entrance
driveways and interior driveways.
f. Location of all proposed
structures, and any existing structures that are to
remain on site.
g. Setback of .all structures from
property lines.
t. Description of machinery, tools
and processes to be used on the premises.
u. Description of any potentially
flammable, explosive, toxic, noxious, or otherwise
hazardous or offensive materials to be transported to
80
Boynton Beach Code
and from the site, including methods of transport and
transfer, and maximum quantities. Also, description
of any such materials to be stored, used, and
produced on site, including maximum quantities.
v. General description of solid waste
that would be produced; specific description of any
flammable, explosive, toxic, noxious, or otherwise
hazardous or offensive solid waste, including
maximum quantities and methods of disposal.
w. Description of potential nuisances
and hazards, including odors, heat, glare, radiation,
noise, vibration, smoke, dust, dirt, toxic or noxious
matter, fire and explosion hazards, and
electromagnetic interference, an~t plans for prevention
or abatement of such nuisances and hazards.
x. Description 'of quantity of flow
and rates of discharge, and analysis of liquid waste
consistent with Section 26-81 of the City of Boynton
Beach Code of Ordinances, and any plans for
pretreatment, control over quantities and rates of
discharge, or payment to cover the added cost of
handling and treating the wastes.
y. Plans for emergencies including
fire, explosion, and escape of toxic, flammable,
radioactive, or otherwise hazardous materials, where
such hazards would exist on the premises.
z. Any other engineering and/or
technical data, as may be required by the
environmental review committee to determine
compliance with the provisions of the City of
Boynton Beach Code of Ordinances and Land
Development Regulations, and the intent and
standards set forth in this section.
3. Application fee. No application for an
environmental re-view permit shall be accepted or
processed unless a fee as adopted by resolution of the
City Commission is paid to the city at the time the
application is submitted. Said fee shall be paid in
addition to any other fees which may be required for
approval of the project.
4. Environmental review committee,
establishment and composition. An environmental
review committee for the review and approval of
applications for environmental review permits is
hereby established, which shall consist of the
development director, the utilities director, the public
wori~ director, the fire chief, and the city planner, or
their duly authorized rePresentatives, and any other
persons that the city manager may designate as
members of the environmental review committee,
either permanently or with respect to a particular
application.
5. Duties of environmental review
committee. The environmental review committee
shall review every application for an environmental
review permit, in order to coordinate the technical
advice and expertise of the members of the
committee, to ensure compliance with the standards,
requirements, and procedures of this section, and to
ensure compliance with all applicable provisions of
the City of Boynton Beach Land Development
Regulations.
6. ' Environmental review permits and other
use or development permits. No building permit or
occupational license shall be issued, and no site plan
as set forth in Chapter 4 shall be approved, or any
other use or development permit or approval shall be
granted, for a use requiring an environmental review
permit, until an environmental review permit has been
granted. Site plan review may proceed simultaneously
with review of an environmental review permit
application, and plans and documents submitted for
review of an environmental review permit may also
be used for site plan review; provided, however, that
in all cases approval of the environmental review
permit shall precede approval of the site plan.
7. Environmental review permits and state
pollution control regulations and permits. In the
event that state regulations or permits would apply to
emission of pollutants from a use, such regulations
and permits shall govern in all cases provided that an
environmental review permit is granted for the use.
Where the level of pollution discharge which would
be lawful under state regulations and permits would
not meet the standards set forth in Section 11.3.D.,
such use shall not be granted an environmental review
permit. In no case shall the. issuance of an
environmental review permit be construed to relieve
the applicant from complying with or obtaining
applicable federal, state, or county regulations or
permits of any type.
8. Review procedure. In the review of
applications for environmental review permits,
members of environmental review committee shall
make written comments as to the desirability of'~he
use described in the application locating on the site
proposed, and modifications that are recommended to
the proposed use and development of the property in
order to meet the standards set forth in Section
11.3.D. No application shall be considered to be
approved until all members of the environmental
review committee have approved the application.
The environmental review committee may impose any
conditions and safeguards necessary to ensure
compliance with the standards set forth in Section
11.3.D. and shall not approve any application for an
environmental review permit that does not comply
with such standards. The environmental review
committee may disapprove any application in whole
or in part, or any characteristic of the use described
therein, which does not comply with such standards,
The committee shall designate a secretary who shall
be responsible for recording the findings of the
committee with respect to the conformance of the
application with the standards set forth in Section
l l.3.D., insofar as such findings are grounds for
disapproving or requiring modifications to the
application, and any specific modifications which are
to be imposed on the application. The secretary shall
notify the applicant in writing of such findings, and
any conditions, safeguards, limitations, or
modifications which are required. Such notification,
if the application is approved, shall constitute the
environmental review permit.
9. Actions by the environmental review
committee. The environmental review committee,
after review of the application, shall take one of the
following actions:
a. Approve the application as
submitted;
b. Request additional information
and/or modifications to the application before further
action on the application is taken; or
c. Disapprove the application.
· 81
No application for an environmental
review permit shall be approved until it has been
approved in its final form by the environmental
review committee without requiring further
information or modifications.
10. Presence of applicant at review. The
applicant or his agent may be present at the review of
the application or any subsequent review of the permit
by the environmental review committee. The
committee or any member thereof may require the
attendance of the applicant or his agent for the review
of the application or permit. Failure of the applicant
to attend when requested to do so shall negate the
provisions of Section 11.3.C. 11.
11. In the event that the environmental
review committee fails to review the application and
act on the application as set forth in 11.3.C.9. within
thirty (30) days after the application is received and
accepted by the city planner, the application for
environmental review permit shall be deemed to be
approved as submitted. Upon written request by the
applicant, and with the approval of the environmental
review committee, the time limitation specified above
may be extended for a specified period of time.
Where time limitations would be in effect both for
action by the environmental review committee and for
other use or development permits or approvals, only
the time limitations for action by the environmental
review committee 'shall be in effect until the
committee takes f'mal action on the application.
12. Permit conditions. The application
form and all accompanying plans, papers, and
documents shall be considered to be the application
for the purposes of this section. The application as
approved in its final form by the environmental
review committee shall be considered to be the
conditions of the environmental review permit which
is subsequently granted. No building permit,
occupational license, site plan approval, or other use
or development permit or approval shall be issued
that does not fully comply with all permit conditions.
No changes in permit conditions shall be made except
in accordance with Sections 11.3.C. 15. or 11.3.C. 16.
13. Expiration of environmental review
permits; time extensions.
82 Boynton Beach Code
a. In the event that an application for
a building permit has not been received and accepted
by the development department within one year, or in
such cases that a building permit is not required, an
occupational license has not been issued within one
year from the date of final approval of the
environmental review permit application, the permit--
shall become null and void. ~In cases where
subsequent approval of a site plan under Chapter 4 is
required, the time limitation specified in this
paragraph shall be measured from the date of final
approval of the site plan. One or more time
extensions for a period not to exceed one year each
may be granted by the envirortmentni review
committee. Such time extensions shall be
accompanied by findings by the committee that good
cause, as defined in Section 11.3.C.16., does not
exist for disapproval of the time extension or
modification of the permit conditions. Where such
time extension has been granted, the committee may
except the environmental review: permit from any
amendments to the City of Boynton Beach Land
Development Regulations which had been adopted
since the date of final approval of the permit., .for a
single period not to exceed one year. Where such
exception has not been granted, a time extension shall
not be considered until a revised application, showing
conformance to the panicular section(s)of the
Regulations, has been submitted:to and approved by
the committee. No application fee shall be required
for an application for time extension; however, if
such time extension is denied, then any new
application shall require a fee, av_d shall be processed
as if it were a new application.
b. A permit shall also expire if
surrendered by the permit holder or if the use which
is permitted ceases for any reason, except when
government action impedes access to the premises,
for a period longer than three hundred and sixty-five
(365) consecutive days, or the same number of
days in any three-year period.
14. Suspension or revocation of
environmental review permits.
a. Environmental review permits
shall be effective until suspended, revoked,
surrendered, or expired.
b. An environmental review permit
shall not become a vested property right in the permit
holder or the premises on which the use is located.
The environmental review committee may suspend or
revoke any such permit if it finds that the permit
holder or his agent:
(1) Has violated any applicable
law regarding the permit, any of the standards set
forth in Section l l.3.D., or any of .the permit
conditions.
(2) Has submitted false or
inaccurate information in or accompanying the
application for an environmental review permit.
(3) Has refused lawful inspection
under Section 11.3.C. I9.
~ ' c. No suspension or revocation of a
permit shall become effective until written notice has
been provided to the permit holder, specifying the
law, standard, and/or permit condition alleged to have
been violated, and the facts alleged to constitute a
violation thereof. The permit holder shall be allowed
not less than thirty (30) days between the date of
notification and the date of review of the suspension
or revocation of the permit by the environmental
review committee. This paragraph shall not restrict
the development director from lawful action under
Section 11.3.C. 19,
1:5. Modifications to environmental review
permits. The following requirements, standards, and
procedures shall apply to any proposed modifications
to an environmental review permit or any permit
conditions.
a. Types of modifications requiring
notice to the city planner. The following types of
modifications to a previously approved environmental
review permit shall require that the applicant submit
to the city planner six (6) copies of a written and/or
graphic description of the proposed modification:
(1) Any change in quantities or
types of potentially hazardous, flammable, toxic,
noxious, or otherwise hazardous or offensive
materials that are to'be transported to or from the
premises, or stored, used, or produced on the
premises, from the maximum quantities or types
specified in the approved permit application. Also,
any changes in the methods of transport, storage,
processing, use, production, or disposal of such
materials from that specified on the approved permit
application.
(2) Any change that could
potentially cause the use to not be in compliance with
the standards set forth in Section 11.3.D.
another
permit.
(3) Any addition of or change to
use requiring an environmental review
(4) Any modification to a
condition of approval, specifically imposed by the
environmental review committee, with respect to the
abatement or prevention of a nuisance or hazard, or
with respect to any of the standards set forth in
Section 11.3.D.
(5) Where application for site
plan approval or modification is made, and'a member
of the environmental review committee requests
notification to the city planner consistent with
11.3.C.15.a. above. Review of modifications to an
environmental review permit may proceed
simultaneously with review of a site plan, and plans
and documents submitted for review of a site plan
may also be used for an application to modify an
environmental review permit; provided, however,
that in all cases, approval of such modification shall
precede the approval of the site plan.
b. Upon receipt and acceptance of
an application for modification to an environmental
review permit, the city planner shall transmit a copy
of same to all members of the environmental review
committee. Each member of the committee shall
notify the city planner in writing either that he has no
objections to the proposed modification, requests
additional information from the applicant, or requests
that the committee review the proposed modification.
Where no objections are stated by any member of the
environmental review committee, the proposed
modification shall, without further action, be
considered to be approved. If any member of the
committee states an objection to the proposed
modification, requests that certain limitations or
conditions be placed on the proposed modification, or
requests that the committee review the proposed
modification, then the environmental review
committee shall meet and review the proposed
modification. Where review by the committee is
required, then an application shall be submitted and
an application fee shall be paid, and the proposed
modification shall be reviewed according to the
standards and procedures for an original application,
except that the plans and documents accompanying
the application may be limited to those materials
which would be relevant to the proposed
modification.
16. Modifications to permits initiated by the
environmental review committee. The environmental
review committee may require the holder of a permit
from time to time, and for good cause, to conform to
new or additional conditions, specify a time limit for
compliance with same, and grant time extensions.
The city planner shall provide written notice to the
holder of the permit that a modification to the permit
conditions is to be considered by the environmental
review committee, and may request that plans,
documents, or other information relevant to the
proposed modification be submitted to the city
planner. No application fee shall be required from
the permit holder in such cases, and the permit holder
shall be allowed not less than thirty (30) days between
the date of notification and the date of review by the
environmental review committee.
For the purpose of this section; good
cause shall include but shall not be limited to, the
following:
a. A showing that any of the
standards set forth in Section 11.3.D. which were in
effect at the time the pen'nit was issued are not being
complied with.
b. A showing that an improvement
in the abatement or prevention of nuisances or
hazards can be accomplished because of technological
advances, without imposing unreasonable hardship.
c. A showing that new scientific
knowledge exists which indicates that the hazards
associated with the use are significantly greater than
previous knowledge had indicated.
Boynton Beach Code
17. Transfer of permits. An environmental
review permit shall be issued in the name of a
person, firm, or corporation and shall be Valid for
only the person, finn, or corporation named on the
permit. Upon sale or transfer of the use or premises,
the new owner or operator shall apply in writing to
the city planner for a transfer of permit within thirty
(30) days of the date of transfer or sale. Unless the
transferor notifies the city planner in writing of the
transfer and to whom the permit is transferred, the
transferor shall remain liable for performance in
compliance with the permit until the permit is
,.ransferred.
18. Operational problems. In the event that
the permit holder is temporarily unable to comply
with the permit conditions, due to the breakdown or
damage to equipment or structures, or for other
reasons, the permit holder shall immediately notif, y
the development director. Such notification shall
include information as to the case, and what measures
are being taken to correct the problem and prevent its
recurrence.
if action consistent with Sections 11.3.C. 16. should
be taken.
20. Appeals from decisions of the
environmental review committee. All appeals from
decisions of the environmental review committee shall
be considered decisions of an administrative official.
D. FACTORS AND STANDARDS TO BE
CONSIDERED BY THE ENVIRONMENTAL
REVIEW COMMITTEE IN THE REVIEW OF
PERMIT APPLICATIONS, No application for an
environmental review permit shall be approved by the
environmental review committee unless the committee
has made findings to the effect that the proposed use
and development of the property conforms to
standards set forth below. Approval of an
environmental review permit by the committee shall
constitute a finding that the following standards have
been met by application.
1. The proposed use is allowed in the
zoning district in which it would be located, subject
to approval of an environmental review permit.
19. Enforcement', Enforcement of this
section and any permit conditions shall be in
accordance with Chapter 1, Article I, Section 6 of the
Boynton Beach Land Development Regulations.
Violation of any provision of this section or of any
permit condition shall be considered a violation of
these zoning regulations. The development director
or his duly authorized representative may enter any
building, structure, or premises to enforce any
provision of this section, to ensure compliance with
any permit condition, or to perform any other duty
imposed upon him by this section. Where any use
requiring an environmental review permit is
constructed, operated, or maintained in violation of
any permit condition, or any of the standards set
forth in Section ll.3.D., or presents a clear and
present danger to the persons or property, the
development director or his duly authorized
representative may immediately require operation of
the use to be stopped, or require any nuisances or
hazards to be abated or removed. Such notice shall
be in writing and shall be given to the owner or
operator of the property or use, or his agent. The
environmental review committee may review any
such order of the development director to determine
2. The proposed use conforms to the
intent and purpose of this section.
3. The proposed use meets the
performance standards for nuisances and hazards set
forth in Section 4.N. of these zoning regulations.
4. The proposed use conforms to accepted
industry and insurance standards and good.
engineering principles and standards for the transport,
storage, and use of materials, design of structures, the
design and operation of machinery, and the abatement
or prevention of nuisances arid b-7~rds.
5. The proposed use would be compatible
with the character of the surrounding area and the city
as a whole, including both present and future
development.
6. The proposed use would conform to the
city's comprehensive plan and any detailed plans
adopted pursuant to the comprehensive plan,
including, but not limited to, requirements of the
Treasure Coast Regional Planning Council.
1997 S-5
Zoning 85
7. The proposed use and development of
the premises would conform to all applicable
provisions of the City of Boynton Beach Land
Development Regulations.
8. The proposed use would not have a
significant adverse economic impact or blighting
influence on adjacent or nearby property or the city
as a whole, and would not significantly reduce
property values or impair the developability of
adjacent or nearby properties.
9. The height, bulk, and location of
proposed structures would be compatible with
adjacent and nearby property, and the city as a
whole.
10. Proposed screening and buffering
measures would be adequate for reducing nuisances,
hazards, and visual impacts.
11. The proposed use would not constitute
a serious hazard in case of floodiog,.~ storms,
tornadoes, or hurricanes.
12. The proposed use would be compatible
with surrounding streets and roadways, would have
adequate ingress, egress, and traffic control, would
not significantly impair the safety or convenience of
vehicular or pedestrian traffic, and would Provide
necessary improvements on both private property and
on rights-of-way, in order to mitigate negative
impacts. Also, the proposed use would not cause
damage or excessive wear to streets and roadways.
13. The proposed use would have adequate
access for police and fire protection, and emergency
ambulance or rescue service.
14. The proposed use would have adequate
plans for emergencies, including fire and explosion,
and the escape of flammable, explosive, toxic, or
noxious materials.
15. The proposed use would have adequate
space for off-street parking and loading.
16. The proposed use would have adequate
provision for solid waste collection.
17. The proposed use would have adequate
provision for the construction and maintenance of
utilities and other public services.
18. The proposed use would have
appropriate hook-up locations for utilities, and utility
lines in the area are available for and are compatible
with the proposed use.
19. Adequate water supply and water lines
exist for the fire flow that would be required for the
proposed use, and the fire protection required for the
proposed use would be compatible with available fire
protection equipment. Also, fire hydrants would be
located with sufficient proximity to the proposed use.
20. Adequate water supply exists for the
water that would be consumed by the proposed use.
21. Waste water discharges from the
proposed use would be compatible with the capacity
of wastewater treatment facilities and would not
impair the operation of wastewater treatment
facilities,
22. The proposed use would be staffed by
qualified personnel so as to ensure the operation and
maintenance of the use in conformance with the
standards set forth in this section.
(Ord. No. 96-51, § 9, 1-21-97)
Sec. 12. Interpretation and purpose.
In interpretation and application of this
ordinance, the provisions herein shall be held to be
the minimum requirements for the promotion of the
public health, safety, morals and general welfare of
the community. It is not intended by this ordinance
to interfere with or abrogate or annul any easements,
covenants or other agreements between parties;
provided, however, that where this ordinance imposes
a greater restriction upon the use of buildings or
premises or upon the height of buildings, or requires
larger open spaces than are imposed or required by
other ordinances, rules, regulations or by easements,
covenants or agreements the provisions of this
ordinance shall control; and provided further that this
ordinance shall not be construed as superseding any
special act of the legislature relative to the subject
matter of this ordinance. If, because of error or
1997 S-5
86 Boynton Beach Code
omission in the zoning map, any property in the city
is not shown as being in a zoning district, the
classification of such property shall be R-1-A
single-family, unless changed by amendment to this
ordinance.
is in conflict with the proper discharge of his duties
in the public interest.
Sec. 16. Bed and breakfast.
Sec. 13. Existing bulkhead line ratified and
confirmed,
The bulkhead line heretofore established with the
city limits by Ordinance No. 289 of the city, in
accordance with Map No. R-56--006 entitled
"Bulkhead Line of the City of Boynton Beach,
Florida" dated .September, 1956, is hereby ratified
and confirmed and said map is hereby adopted by
reference and made part hereof. There shall be no
bulkhead, seawall, or other structure for land .filling
into the water of Lake Worth, which shall extend
eastward from the existing shoreline other than as
shown on the map referred to above.
Sec. 14. Bulkhead line; permit required for land
filling.
It shall be required, prior to commencing any
operation for land filling within the area as shown on
the map described in Section 13, a permit for land
filling, all of which shall be in accord with the
directions and approval by the City Commission.
The improvement, or fill, shall have a minimum
elevation of not less than six (6) feet above mean sea
level according to the current U.S. Government
Geodetic St~rvey. Any such applicant shall also be
required to comply with all rules, regulations, or
other requirements of the Trustees of the Internal
Improvement Fund of the State of Florida, U.S.
Army Engineers or other governmental body
regulating land filling operations of the above nature.
A. PURPOSE. It is the purpose of this section
to provide a minimum set of standards to allow bed
and breakfast establishments within certain zoning
districts of the city, while setting forth criteria to
differentiate them from boarding or rooming houses.
Bed and breakfast establishments shall be approved
through the Department of Development and City
Commission by special land use and building permit
procedures.
B. REGULATIONS AND STANDARDS:
1. "Bed and breakfast establishment" shall
be defined as follows: A private owner occupied
residence having more than three and less than ten
guest bedroom units. The'bed and breakfast
establishment is subordinate and incidental to the'
main residential use of the building.
2. In addition to the requirements of the
underlying zoning district, all other applicable general
regulations, parking regulations, special conditions
imposed through the conditional use process, and
local, state and federal building codes, the following
requirements shall apply to bed and breakfast
establishments:
a. Each application to the Department
of Development shall be accompanied by:
(1) A detailed site plan illustrating
the location of all structures and improvements,
parking, buffering, landscaping the location of guest
rooms/units and guest parking spaces and signs shall
be submitted for conditional usg approval by the city.
Sec. 15. Conflict of interest.
No member of these boards shall have any
interest, financial or otherwise, direct or indirect, or
engage in any business transaction or professional
activities or incur any obligation of any nature which
(2) Floor plans drawn to scale of
the dwelling unit showing each of the bed and
breakfast units to be designated and the access to, and
egress from, each such unit. All walls separating bed
and breakfast units in a structure shall be fireguarded
to the two hour time limit.
1999 S-10
Zoning
(3) Where exterior changes are
proposed, an elevation, or other visual representation,
of the facade to be changed sufficient to show the
architectural character of the dwelling is maintained
as a single family structure. Efforts should be made
to ensure the structure is consistent with the integrity
of the neighborhood in which it is located.
b. Zoning restrictions: Such facilities
shall be allowed only upon land that is zoned for
residential structures.
c. Licenses and permits: The
establishment shall obtain all required business
licenses and health permits and shall otherwise
comply with all building, sign, sanitary and fire
codes. Prior to obtaining an occupational license,
which shall be renewed annually, the City Building
Official shall conduct an inspection of the property to
determine compliance With the current requirements
of the City's Land Development Regulations and
State Building Codes.
d. Parking: Required parking'spaces
shall be calculated on the basis of one space per each
employee, manager or owner and one Parking space
for each guest room/unit. Newly created parking
may be located only in the rear and side yard.
e. Common Area: Within each bed
and breakfast establishment, a common area must be
provided for a central dining area and for at least one
sitting/reading/discussion room.
owner and shall be the only meal provided for paying
guests who are using the facility overnight and their
guests, The breakfast meal shall not be served after
11:00 a.m.
(2) The maximum stay for each
individual who is using the facility shall be 14
consecutive days and not more than 14 days during
any 90 day period. The owner and/or manager shall
maintain a guest book, which accurately identifies all
customers for each night's lodging. This register of
guests shall be available to City Inspectors during
reasonable business hours. Check-in and check-out
shall take place between 8:00 a.m. and 8:00 p.m.
only.
(3) The owner of the bed and
breakfast establishment must reside in the inn or
elsewhere on the premises.
h. Signage: All signs shall conform
to the regulations of the underlying zoning district.
i. Items for sale: Commercial social
events and sale and/or display of merchandise is
prohibited in the' bed and breakfast establishment.
j. One room cottages with existing
kitchenettes would be considered within the scope of
this section and will not be required to remove the
kitchenettes.
(Ord. No. 98-42, § 1-2, 12-1-98)
f. Number of units: The number of
bedrooms and bathrooms provided should be as
existed when the structure was originally constructed,
including additions, unless modifications are
necessary to comply with Building, Fire and/or
Health Codes.
g. Restrictions onuse and employees:
(1) There shall be no cooking
facilities or food storage in any .rental room/unit.
Meals shall be served by the Manager and/or owner
only to the Manager and/or owner, and nonpaying
bonafide guests of the manager and/or owner.
Breakfast shall'be served by the Manager and/or
1999 S-10
88 Boynton Beach Code
1999 S-10
Chapter 2.5
PLANNED UNIT DEVELOPMENTS
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Sec. 9.
Sec. 10.
Sec. 11.
Sec. 12.
Sec. 13.
Intent and purpose
Definition
Nomenclature
Relation of land use intensity (LUI)
ratings to regulations
Minimum land areas for PUD
Unified control
Uses permitted
Locational standards for PUD's
Internal PUD standards
Procedures for zoning of land to PUD
Preliminary and final development plans
Plan modification
Zoning administrator
Sec. 1. Intent and purpose.
A Planned Unit Development District (PUD) is
established. It is intended that this district be utilized
to promote efficient and economical land use,
improved amenities, appropriate and harmonious
variety in physical development, creative design,
improved living environment, orderly and economical
development in the city, and the protection of
adjacent and existing and future city development.
The district is suitable for development,
.redevelopment and conservation of land, water and
other resources of the city.
Regulations for planned unit developments are
intended to accomplish the purposes of zoning,
subdivision regulations and other applicable city
regulations to the same degree that they are intended
to control development on a lot-by-lot basis. In view
of the substantial public advantages of planned unit
development, it is the intent of PUD regulations to
promote and encourage development in this form
where tracts suitable in size, location and character
for the uses and structures proposed are to be planned
and developed as unified and coordinated units.
Sec. 2. Deirmition.
A "planned unit development":
A. Is land under unified control, planned and
developed as a whole in a single development
operation of an approved programmed series 'of
development operations for dwelling units and related
uses and facilities;
B. Includes principal and accessory uses and
structures substantially related to the character of the
development itself and the surrounding area of which
it is a part;'
¢. Is developed according to comprehensive
and detailed plans which include streets, utilities, lots,
building sites and the like and site plans, floor plans
and elevations for all buildings except for single
family homes intended to be located, constructed,
used and related to one another, and detailed pla0s, for
other uses and improvements on the land related to
the buildings~
D. Includes a program for full provision,
maintenance and operation of such areas,
improvements, facilities and unit development, but
wil[not be provided, operated or maintained at public
expense.
Sec. 3. Nomendature.
The boundaries of land zoned to PUD
classification shall be indicated on the official zoning
map with the symbol "PUD" together with the land
use intensity (LUI) rating assigned at the time of
zoning, which shall be used for such lands.
Sec. 4. Relation of land use intensity (LUI)
ratings to regulations.
The land use intensity (LUI) rating assigned at
the time of zoning land to PUD correlates for the
project the required land area, floor area, open space,
living space, recreation space, off-street parking and
other matters. The various ratios, based on LUI
ratings, shall be as shown on Table 1.
1997 S-5
2 Boynton Beach Code
TABLE1
LUI RATINGS WITH STANDARD RATIOS
LUI LUI LUI LUI LUI
$.00 4.00 5.00 6.00 7.00
Minimum lot area (in
acres)-Residential
uses only:
25 20 15 10
Minimum lot area
(in acres)-With
commercial uses:
100 80 60 40 20
Maximum percent of
total land area which
may be used for
commercial purposes:
5 5 6 8 10
Floor area ratio (FAR)i* 0.10
0.20 0.40 0.80 1.60
Open space ratio (eSR): 8.00
3.80 1.80 0.80 0.43
Living space ratio (LSR): 6.20
2.60 1.10 0.50 0.27
Recreation space ratio (RSR): 0.25 0.18
*As indicated and referenced by HUD Publication #7.
0.12 0.09 0.07
Minimum standards for multi-family housing shall be those minimum standards as set forth in the Standard
Buiiding Code.
Application of above ratios:
FAR x lot area = Maximum permitted floor area.
Actual floor area x eSR = Minimum required open space.
Actual floor area x LSR = Minimum required living space (not for automobiles), pan of required open
space.
Actual floor area x RSR --- Minimum countable recreation space, pan of required living space.
Floor area as computed from FAR, shall include the floor area of all permitted principal or accessory uses
except areas for parking, storage, elevator hoist equipment or machinery, heating or air conditioning equipment,
and the like; and requirements deriving from floor areas shall include such floor area.
Planned Unit Developments
3
Sec. S. Minimum land areas for PUD.
A tract of land proposed for zoning to PUD at a
request LUI rating shall contain minimum acreage in
accordance with Table I above. Lesser areas than
those set out in Table 1 may be approved for PUD in
a specific case upon findings by the planning and
development board and the governing body that
particular circumstances justify such reduction, that
the requirements for PUD and the benefits to be
derived from PUD can be met in such lesser area,
and that permitting such lesser area for PUD is in
conformity with the comprehensive plan.
Sec. 6. Unified control.
All land included for purpose of development
within PUD district shall be under the control of the
applicant (an individual, partnership, or corporation
or group of individuals, partnerships, or
corporations). The applicant shall present satisfactory
legal documents to constitute evidence of the unified
control of the entire area within the proposed PUD.
The applicant shall agree to:
A. Proceed with the proposed development
according to the provisions of those zoning
regulations and conditions attached to the zoning of
'-the land to PUD;
B. Provide agreements, contracts, deed
restrictions and sureties acceptable to the city for
completion of the development according to the plans
approved at the time of zoning to PUD and for
continuing operations and maintenance of such areas,
functions and facilities as are not to be provided,
operated or maintained at public expense; and
C. Bind their successors in tide to any
commitments made under A and B above. All
agreements and evidence of unified control shall be
examined by the city attorney and no zoning of land
to PUD classification shall be adopted without a
certification by the city attorney that such agreements
and evidence of unified control meet the requirements
of these zoning regulations.
In a PUD District, buildings or structures, or
land, or water shall be used only for the following
purposes:
A. Single-family dwellings;
B. Two-family dwellings or duplexes;
C. Multiple-family dwellings, townhouses,
garden apartments and cluster housing;
D. Private, nonpwfit clubs, community centers,
civic and social organization facilities;
E. Private parks, tennis courts, playgrounds,
putting greens, golf courses, driving ranges and other
recreation facilities;
F. Public utility buildings, structures, and
facilities necessary to service the surrounding
neighborhood;
G. Houses of worship, schools, nursing homes,
nursery schools, kindergartens and hospitals;
H. "Neighborhood* commercial uses which are
determined at the time of zoning to PUD, to be
compatible with the existing and future development
of adjacent and nearby lands outside the PUD;
I. Other uses of a nature similar to those
listed, after determination and recommendation by the
planning and development board, a determination by
the governing body at the time of zoning that the use
or uses are appropriate to the PUD development.
J. Permitted uses for a PUD District shall be
specified in the application for zoning of land to PUD
classification.
K. Prohibited use. Any structure more than
forty-five (45) feet in height and more than four (4)
stories.
L. Home occupations consistent with Chapter
2, Section 11.D. are permitted without the necessity
of being specified at the time of zoning to PUD.
4 Bo~nton B~_~h Ce~
Sec. 8. Locational standaFds for PUD's.
In reaching recommendations and decisions as m
zoning land to PUD classification and the LUI rating
of such classification, the planning and development
board and the governing body shall apply the
following locational standards, in addition to the
standards applicable to the rezoning of land generally:
A. RELATION TO MAJOR
TRANSPORTATION FACILITIES. A PUD shall be
so located as to major roadways or other
transportation facilities as to provide direct access to
it without creating or generating traffic along streets
in residential areas or districts outside it.
B. RELATION TO UTILITIES, PUBLIC
FACILITIES AND SERVICES. A PUD shall be
located in relation to sanitary s~wers, water lines,
storm and surface drainage systems, and other
utilities systems and installations so that neither
extension nor enlargement of such systems will-'be
required in manner, form, character, location,
degree, scale or timing resulting in higher net public
cost or earlier incursion of public cost than would
development in forms permitted under existing zoning
Such PUD's shall be so located with respect
to hecessary public facilities (e.g., schools, parks,
playgrounds) as to have access to those facilities in
the same degree as under existing zoning, and shall
be so located, designed and scaled so that access for
public services is equivalent to, and net cost for the
services under existing zoning.
C. PHYSICAL CHARACTER OF THE SITE.
The site shall be suitable for development in the
manner proposed without hazards to persons or
property, on or off the tract, from probability of
flooding, erosion, or other dangers, annoyances, or
inconveniences. Condition of the soil, groundwater
level, drainage and topography shall all be
appropriate to both kind and pattern of use intended.
In addition to the standards set in Section 4,
Table 1, of these zoning regulations, the following
standards apply within a PUD District.
A. ACCESS. Every dwelling unit, or other use
permitted in the PUD, shall have access to a public
street either directly or via an approved private road,
pedestrian way, court, or other area dedicated to
public or private use, or common element
guaranteeing access. Permitted uses shall not be
required to front on a dedicated public road.
B. INTERNAL LOTS AND 'FRONTAGE.
Within the boundaries of the PUD, no minimum lot
size or minimum yards shall be required; provided,
however, that PUD frontage on dedicated public
roads shall observe front yard requirements in
accordance with the zoning district the PUD use most
closely resembles and that peripheral yards abutting
other zoning districts shall be the same as required in
the abutting zone.
C. OFF-STREET PARKING AND
REQUIREMENTS. Off-street parking requirements
shall in no event be less than two (2) spaces per
dwelling unit.
Other off-street parking and loading
requirements shall be governed by the zoning
ordinance~
D. COMMERCIAL STANDARDS.
Commercial uses located in a PUD are intended to
serve the m~is of the PUD and not the general needs
of a surrounding area. The maximum area within a
PUD-which may be devoted to neighborhood
commercial uses, including required off-street parking
requirements, is governed by Table l, Section 4 and
Section 9C. Areas designated for commercial
activities shall not generally front on exterior or
perimeter streets, and shall be preferably centrally
located within the project.
E. UNDERGROUND UTILITIES. Direct
residential and/or consumer service should be by
underground installation to the maximum extent
practicable. However, primary service to a general
geographic area may be overhead. Appurtenances to
Planned Unit DeVelopments 5
these systems which require aboveground installation
shall be effectively screened, and, thereby, may be
excepted from this requirement. Primary facilities
providing service to-the site of the PUD may be
excepted.
F. RIGHT-OF-WAYS. The minimum width
of a right-of-way in a PUD is forty (40) feet. In the
event of a conflict with this section and any other
provision of the City's Land Development
Regulations regulating the width of right-of-ways,
this section shall prevail.
(Ord. No. 99-17, § 1, 6-15-99)
b. Scale, date, north arrow and
general location map;
c. Boundaries of the property
involved, all existing streets, buildings, water
courses, easements, section lines and other existing
important physical features in and adjoining the
project;
d. Master plan locations of the
different uses proposed by dwelling types, open
spaces designations, recreational facilities,
commercial uses, other permitted uses, and off-street
parking and off-street loading locations;
Sec. 10. Procedures for zoning of land to PUD.
The procedures for zoning of land to PUD
classification with a specific LUI rating shall be the
same as for zoning land generally. Because of the
differences between PUD developments and the
concept of unified control in development, however,
the following procedures and requirements shall apply
to applications for zoning to PUD classification, in
addition to the general requirements:
A. APPLICATIONS; MATERIALS TO BE
SUBMITTED. In addition to information required
for application for zoning generally, the applicant
shall submit the following materials or data:
1. Legal documents assuring unified
control of the proposed PUD and the agreements
required under Section 6.
2. A statement as to the LUI rating sought
for the PUD and such supporting evidence or
documentation as the applicant may feel is pertinent
to enable the planning and development board and the
governing body to determine whether or not the LUI
rating requested is reasonable and proper.
3. A site development plan containing:
a. The title of the project and the
names of the professional project planner and the
developer;
e. Master plan showing access and
traffic flow and how vehicular traffic will be
separated from pedestrian and other types of traffic;
f. Tabulations of total gross
acreage in the development and the percentages
thereof proposed to be devoted to the several dwelling
types, other permitted uses, recreational facilities,
streets, parks, schools and other reservations;
g. Tabulations demonstrating the
relationship of the development to proposed LUI
rating as shown in Table 1, Section 4, and proposed
numbers and types of dwelling units; and
h. Where required by the area
planning board, an environmental impact study 'shall
be supplied.
4. A statement showing modifications of
zoning or other applicable city regulations where it is
intended by the applicant that such modification
serves the public interest to an equivalent degree.
B. PROCEDURES. On application for zoning
of land to PUD classification, the planning and
development board and governing body shall proceed
in general as for other applications for zoning of land
giving special consideration, however, to the
following matters and requirements, and allowing
changes in the zoning application prior to the required
planning and development board public hearing, as
follows:
1999 S- 1 !
6 Boynton Beach Code
1. Pre-hearing conference with applicants.
On request by the applicant, the city planning
consultant and representati.v, es of such other city
departmems as may be pertinent, shall meet with the
applicant or his agent to review the original
application, including all plans, maps and documents
submitted by the applicant. The purpose of such pre-
hearing conferences shall be to assist in bringing the
overall petition as nearly as possible into conformity
with these or other regulations applying generally to
the property involved and/or to define specifically
those variations from application of general
regulations which appear justified in view of
equivalent service of the public purposes of such
regulations.
In the course of such pre-hearing
conferences, any recommendations for changes shall
be recorded in writing and shall become part of the
record in the case. All such recommendations shall
be supported by stated reasons for the proposal for
change. The applicam shall state in writing his
agreement to such recommendations, or his
disagreement, and if there is disagreement, shall in
writing indicate his reasons therefor, and such
responses by applicant shall be included in the
record.
At such time as further conferences
appear unnecessary or at any time on the request of
applicant, public notice shall be given and the hearing
before the planning and development board held as
for other applications for zoning, but the notice and
hearing shall be on the petition as it may have been
amended following the pre-hearing conferences rather
than as originally submitted.
2. Planning and development board
findings and recommendations. After public hearing,
the planning and development board may recommend
to the governing body that the PUD zoning be
granted, subject to stated stipulations and condition,
or disapproved. In making its recommendations, the
planning and development board shall find that the
plans, maps and documents submitted by the
applicant and presented at the public hearing do or do
not establish that the applicant has met the
requirements of Section 4 of these regulations
applicable to zoning generally, and in addition:
a. The requirements of unified
control and agreement set out in Section 6;
in Section 8;
The locational standards set out
out in Section 9;
The internal PUD standards set
d. The tract for the proposed PUD
is suitable in terms of its relationships to the city
comprehensive plan and that the area surrounding the
proposed PUD can continue to be developed in
coordination and substantial compatibility with the
PUD proposed, including overall dwelling unit
density and Peripheral transitions in such density;
e. That the desirable modifications
of general zoning or PUD regulations as applied to
the particular case, justify such modification of
regulations and meet to at least an equivalent degree
the regulations modified, based on the design and
amenities incorporated in the site development plan;
f. That increased open space is
provided for the occupants of the proposed PUD and
the general public, and desirable natural features
indigenous to the site are preserved in the
development plan presented.
C. CONDITIONS AND STIPULATIONS. In
recommending zoning of land to PUD classification,
the planning and development board may recommend
and the governing body may attach suitable
conditions, safeguards and stipulations, in accord with
standards set out in these zoning regulations and in
this section. If the preliminary development plan and
final development plan as set out in Section 11 below
has not been commenced within eighteen (18) months
of the date of zoning of land to PUD, then the
approval of rezoning shall be subject to review by the
City Commission. The City Commission shall direct
staff to submit to the City Commission an application
which will down zone the property to the original or
appropriate zoning district. Following such direction
by the City Commission, no new development
permits affecting the property shall be issued by the
city until a final determination is made by the City
1999 S-11
Planned Unit DeveloPments 7
CommissiOn following notice and public hearing.
Upon written request of the applicant prior to the
expiration of the PUD classification, the City
Commission may extend-for one (1) additional year
the period for commencing platting procedures. In
granting such extension the City Commission may
impose additional conditions to ensure completion of
the platting process and conform the project to
current development standards, and to protect the
health, safety and welfare of adjacent developments.
D. TABULATIONS analyzing the number of
total gross acres in the project and the percentages
thereof proposed to be devoted to the several dwelling
types, other nonresidential uses, off-street parking and
off-street loading, streets, recreation areas, parks,
schools and other-reservations. Tabulations of total
number of dwelling units in the project by types and
the overall project density in dwelling units. These
tabulations shall demonstrate relationship to the LUI
rating, Table 1, Section 4 of these zoning regulations.
If the preliminary development plan and
final development plan as set out in Section 11 below
has not been commenced within eighteen (18) months
of the date of zoning of land to PUD, then the PUD
classification and LUI rating shall revert to original
or highest zoning. A new plan approval shall be
required with procedures as for a new application for
zoning (including payment of fees) and no such new
application shall have the effect of increasing the LUI
rating as previously applied.
Sec. 11. Preliminary and f'mal development plans.
Plans for development of land zoned to PUD
shall be processed in accordance with procedures
established in the city Land Development
Regulations. The same information and date shall be
in substantial compliance with the site development
plan submitted as a part of the application for zoning
to PUD. In addition to the requirements of the Land
Development regulations determined to be applicable,
the following information shall be provided:
A. BUILDING LOCATIONS AND
ARCHITECTURAL DEFINITIONS of all structures
proposed except for single family homes which are a
part of the project shall be depicted on the
preliminary plan or plat and the supplementary
materials required.
B. MASTER LANDSCAPE plan depicting
existing and proposed vegetation and locations
thereon on the site.
C. FENCE, WELL AND PLANTING
SCREEN locations, heights and materials.
Once preliminary development plan and plat
approval has been obtained the applicant shall proceed
in accordance with the requirements of the
subdivision regulations, determined to be applicable.
In addition to the plat certificates specified in the city
subdivision regulations and prior to recording a final
plat, the developer shall file, as specified at the time
of zoning, a legally constituted maintenance
association agreement for improving, perpetually
operating, and maintaining the common facilities;
including streets, drives, parking areas and open
space and. recreation facilities; or he shall file such
documents as are necessary to show how the said
common areas are to be improved, operated or
maintained. Such documents shall be subject to the
approval of the city attorney.
(Ord. No. 96-52, § 1,.1-21-97)
Sec. 12. Plan modification.
Master plans approved during the process of
rezoning to PUD may be considered for modification
upon application to the director of planning and
zoning, submission of acceptable documentation, and
payment of the master plan modification fee. The
modification will be first reviewed by the planning
and zoning department to determine whether the
modification is consistent with not only all current
regulations but also the intent and purpose of the
comprehensive plan; and to determine whether the
change is substantial.
Upon completion of the administrative review.
findings will be forwarded to the planning and
development board which will review all submitted
documents as well as staff comments with all the
authority, functions, powers and duties vested in it by
1999 S-11
8 Boynton Beach Code
Chapter 1.5, Article I, Section 4 of the Land
Development Regulations.
The planning and development board shall
recommend to the City Commission that they approve
the modification unconditionally, approve the
modification with conditions and/or
recommendations, or deny the modification. The
board shall also recommend to the City Commission
that the modification be considered either major or
minor.
Upon completion of the planning and
development board review, findings will be
forwarded to the City Commission. The City
Commission will first determine whether the
modification is major or minor. If the Commission
finds the ~'idification to be major, the request will be
returned to the applicant for processing as a new
zoning application. The determination of what
constitutes a substantial change shall be at the sole
discretion of the Commission. If the Commission
determines that the modification is minor, it will
review all submitted documents as well as staff
commems and planning and development board
recommendations. The City Commission may then
approve the minor modification unconditionally,
approve the minor modification with conditions, or
deny the minor modification.
Non-substantial (minor) modifications will not
extend time limitations for developmem of property
as stipulated in LDR Chapter 2, Section 9, paragraph
C13.
(Ord. No. 96-52, § 2, 1-21-97)
Sec. 13. Zoning administrator~
Building permits. No building permit or
certificate of occupancy or Zoning compliance shall
be issued in or for developmem in a PUD district
except in conformity with all provisions of the zoning
or PUD classifications and plans submitted under
Section 11 of these zoning regulations.
1999 S- 11
Chapter 3
MASTER PLAN REVIEW
Art. I.
Art. II.
Art. III.
Art. IV.
In General
Applicability
Preapplication Conference
Master Plan Preparation and
Submission
ARTICLE I. IN GENERAL
Sec. 1. Pm'pose.
The purpose of this chapter is to provide a
procedure to review new developments,
redevelopmems and modifications to existing
developments that require compliance with the
development regulations of the City of Boynton
Beach and promote development that is desirable,
innovative, imaginative and compatible with existing
development in the city.
Sec. 2. Prerequisites to master plan.
A. Zoning.
Prior to consideration of any proposed
~ubdivision under the terms of this ordinance, the
area to be subdivided must have the appropriate
zoning for the intended use.
B. Suitability of land.
Unless adequate methods of correction are
formulated and approved in accordance with the
provisions of this chapter, land which is determined
to be unsuitable for subdivision due to poor soil
quality, flooding or other features likely to be
harmful to the health, safety and general welfare of
future residents, shall not be subdivided.
Sec. 3. Administ~tion.
For the purpose of coordinating, enforcing and
administering this chapter, the director of
1997 S-5
development shall be the administrative officer,
except that the director of planning shall be
responsible for the review and administration of the
pre-application process.
Sec. 4. Appeals.
When 'an aggrieved party wishes to appeal an
administrative, board or commission decision, it must
be filed as outlined in Chapter 1, Article VII,
Appeals.
(Ord. No. 96-53, § 1, 1-21-97)
Sec. 5. Approval.
Upon receiving the approval as prescribed for the
master plan from the director of development, the
developer shall coordinate the preparaiion of
construction plans, the plat and the construction of
required improvements directly with the office of the
director of development as hereinafter prescribed.
ARTICLE II. APPLICABILITY
Sec. 1. Master planning required.
The following work shall be required to undergo
master plan review:
A. All new developments.
B. All modifications to existing development
that expand floor area, require increased parking,
intensify the use of a structure or change the
occupancy of a building.
C. Exterior remodeling, alterations,
modifications.
D. Master plans for all planned developments
shall comply with this chapter except that lot sizes,
Boyn~on Beach Code
setbacks and other features preserving open spaces of
scenic and useful value for common enjoyment
established in Chapters 2 and 2.5 shall take
precedence over this chapter in cases of specific
conflict.
Sec. 2. Exemption to master planning.
ARTICLE III. PREAPPLICATION
CONFERENCE.
The purpose of the pre-application procedure is
to allow the developer and the directors of
development and planning the opportunity to consult
informally priorto the preparation of the master plan
and formal application.
The following work shall not be required to
undergo master plan review:
A. The construction of a single-family home or
a duplex.
B. ' Installation of fire sprinklers.
C. Replacement of existing electrical
components.
D. ~ Installation of fire alarms.
E. Voluntary life safety responsive projects
when endorsed by the fire marshal, development
director and planning director.
Sec. :3. Waiver of master planning.
'Master plan review may be waived by the
planning and zoning director or designee based, upon
submission of written application; payment of fee;
and all of the following:
A. If the remodeling, alteration, modification,
development or redevelopment does not change the
preexisting configuration of buildings or site or
reduce emergency vehicle access; and
B. If there is no change of use which increases
the required number of off-street parking spaces; and
C. If there is compliance with the land
development regulations of the City of Boymon
Beach. In the event a property owner or his agent
disputes the planning and zoning director's
determination regarding compliance, the work shall
be subject to review.
(Ord. No. 96-53, § 2, 1-21-97)
Sec. 1. Written preappiicafion.
A written pre-application shall be submitted w
the director of planning. The written application shall
contain the following:
A. Ten (10) copies of a written statement
generally describing the condition of the site and the
proposed development of the entire subdivision. This
statement shall include but is not limited to data on
existing covenants, location of utility facilities, soil
characteristics and information describing the
subdivision proposal including number of units,
typical lot size; public areas, anticipated utility source
and other information considered pertinent.
B. Ten (10) copies, of a sketch plan including
the following on a twenty-four by thirty-six (24 x
36) inch sheet: A vicinity sketch showing the
location of the land to be subdivided; approximate
acreage; natural features such as low or swampy
areas, streams, lakes or canals; identification of
adjacent lands; a brief description of the land to be
subdivided; name, telephone number and address of
the developer; date; north arrow; streets; general lot
and block layout; layout of all adjoining streets;
zoning classification of the tract and adjacent
properties; location of existing improvements and any
other significant features.
C. A fee as adopted by resolution of the City
Commission is required with the pre-application, to
help defray the cost of processing the pre-application.
D. Ten (10) copies each of an existing tree
survey and a tree management plan.
1997 S-5
Master Plan Review
C. North arrow, graphic sc. al~, scale and date.
Upon ~receipt of the statement, plan and fee, the
director of planning shall disperse copies to the city
manager, TRC members, the city clerk and, if
required, the city's consulting engineers. The
director of planning will then advise the developer of
the time and place of the planning and development
board meeting. After consultation with the director
of development and planning and development board,
the developer may proceed with an application for
approval of the master plan as required by this
ordinance.
ARTICLE IV. MASTER PLAN
PREPARATION AND SUBMISSION
Sec. 1, Preparation.
D. Name, address and telephone number of the
developer, the developer's agent, the engineer and the
surveyor.
E. The location, names and elevations of
adjacent subdivisions, if any.
F. The tract boundary.
O. Topographical conditions on the tract
including existing watercourses, drainage ditches and
bodies of water, marshes and other significant
features.
H. Existing streets, alleys and easements on or
adjacent to the tract including name, fight-of-way
width and street or pavement width. Existing ~treets
shall be dimensioned to the tract boundary.
The developer's Florida registered engineer,
landscape architect, architect or surveyor shall
prepare a master plan of the subdivision. The master
plan shall be coordinated with the major utility
suppliers providing services.
Sec. 2. Submission.
I. Existing property lines, easements and rights
of way, their purpose, and their effect on the
proposed subdivision.
J. The incorporation and compatible
development of present and future streets as shown on
the official city map when such present or future
streets are affected by the proposed subdivision.
Ten (10) copies of the master plan of the
proposed subdivision must be submitted to the
director of planning for placement on the technical
review committee agenda.
Sec. 3. Master plan content.
When submitted, the master plan shall contain
the following:
A. Name of subdivision or identifying title
which shall not duplicate or closely approximate the
name of any other subdivision in incorporated or
unincorporated areas of Palm Beach County.
B. A vicinity sketch showing the location of
the tract in reference to other areas of the city or
county.
K. Access points to collector and arterial streets
showing their compliance to the access requirements
established by this ordinance.
L. All existing drainage district facilities and
their ultimate right-of-way requirements as they affect
the proposed subdivision.
M. Generalized statement of subsurface
conditions on the property, plus location and results
of tests made to ascertain subsurface soil conditions
and groundwater depth.
N. Zoning classification of the tract.
O. Utilities such as telephone, electricity,
water, sewer, gas, cable, etc., on or adjacent to the
tract including existing or proposed water treatment
plants and sewerage treatment plants.
4 Boyaton Beach Code
P. A statement _that all utilities are available
and will b~ provided b-y appropriate agencies.
Q. Sites proposed for parks, recreational areas,
and schools.
R. The locations of all temporary structures or
permanent structures having a temporary use. Master
plans shall contain a statement outlining the
temporary use and when they will be removed.
S. A subdivision that generates three thousand
(3,000) vehicle single-directional trips per day or two
hundred fifty (250) vehicle single-directional trips in
any one hour period must submit a traffic impact
analysis not more than six (6) months old, prepared
by a professional engineer competent in traffic
engineering for use in determining the number of
lanes and capacity of the street system proposed or
affected by the development, and the phasing of
improvements.
T. A master storm water managemem plan
outlining the primary and secondary drainage and
storm water treatment facilities needed for the proper
development of the subdivision shall be submitted
along with the master plan. The master storm water
management plan shall consist of an engineering
drawing; a written report indicating the method of
drainage; existing water elevations', recurring high
water elevations; the proposed design water
elevations; one hundred-year storm elevation;
drainage structures; canals; ditches; storm water
treatment methods; necessary percolation; detention
and management areas; and any other information
pertaining to the control and management of storm
and ground water. In cases where modification or
improvements are neither planned nor required for
primary and secondary drainage facilities, this
requirement may be met on the master plan.
U. Upon filing the master plan with the
director of planning, the developer shall pay a fee as
adopted by resolution of the City Commission to help
defray the cost of administering and processing the
master plan and this fee is not refundable. If more
than one resubmittal of the corrected or revised
master plan is required by the TRC, an additional fee
shall be charged for each resubmittal.
V. Tree survey as described in Chapter 7.5,
Article I, Section 7, Site Plan Information, paragraph
D as well as a written tree management plan
describing how the applicant intends to comply with
Chapter 7.5 Environmental Regulation.
(Ord. No. 96..53, § 3, 1-21-97)
Sec. 4. Technical review.
When Master Plan review is required by the
provisions of,this Chapter, the Review will be
conducted as outlined in Chapter l, Article VIII,
Development Reviews.
(Ord. No. 96-53, §.4, 1-21-97)
1997 S-5
Chapter 4
SITE PLAN REVIEW
Sec. 1.
Sec. 2.
Sec.
Sec. 4,
Sec. 5.
Sec. 6.
Sec. ?.
Sec. 8.
Sec. 9.
Sec. 10.
· Sec. 11.
Sec. 12.
Purpose
Applicability
Preapplication conference
Technical review
Expiration of site plan
Notification
Submission requirements
Review standards
Modification of approved site plan
Review of site plans in the CBD
central business district, zoning
district or the community
redevelopment agency area
Maintenance
Appeals
Sec. 1. Pm'pose.
The purpose of this chapter is to provide a
procedure to review new developments,
redevelopments and modifications to existing
developments that require compliance with the
development regulations of the City of Boynton
Beach and promote development that is desirable,
innovative, imaginative and compatible with existing
'.development in the city.
Sec. 2. Applicability.
A. The following work shall be required to
undergo site plan review as required by this chapter:
1. All new developments.
2. All modifications to existing
development that expand floor area, require increased
parking, intensify the use of a structure, or change
the occupancy of a building.
3. Exterior remodeling, alterations,
modifications.
B. The following work shall not be required to
undergo site plan review as required by this chapter:
1997 S-5
1. The construction of a single-family
home or a duplex.
2. Interior renovations except projects as
specified in Section 2.A.
3. Installation of fu'e sprinklers.
4. Replacement of existing electrical
components.
5. Installation of fire alarms.
6. Voluntary life safety responsive projects
when endorsed by the fire marshal, development
director and planning director.
C. Site plan review may be waived by the
planning and zoning direcwr or his designee based
upon all of the following:
1. If the remodeling, alteration,
modification, development or redevelopment does not
change the preexisting configuration of buildings or
site or reduce emergency vehicle access; and
2. If there is no change of use which
increases the required number of off-street parking
spaces; and
3. There is compliance with the
developmen~ regulations of the City of Boynton
Beach. In the event a property owner or his agent
disputes the planning and zoning director's
determination regarding compliance, the work shall
be subject to site plan review.
4. Waivers shall be requested by
completion of an application prepared by the planning
and zoning department and payment of a fee
established and adjusted by the City Commission
from time to time.
5. The planning director shall file a
quarterly report on waivers with the City
Commission.
Boynton Beach Code
Sec. $. Preapplication conference.
A preapplication conference with the planning
and zoning department is encouraged prior to the
preparation and submission of any site plan required
pursuant to this chapter. The purpose of this
conference shall be for the staff and applicant to
discuss overall community goals, objectives, policies
and codes as related to the proposed development and
to discuss site plan .review procedures. Opinions
expressed at the preapplication conference are not
binding for formal review purposes.
Sec. 4. Technical review.
· When site plan review is required by the
provisions of this chapter, the review will be
conducted as outlined in Chapter l, Article VIII,
Development Reviews.
(Ord. No. 96-54, § 1, 1-21-97)
Sec. $. Expiration of site plan.
Upon approval of a site plan by the City
Commission, the applicant shall have (I) year to
secure a building permit from the development
department. If an applicant fails to secure a building
perrfiit in that time, all previous approvals shall
become null and void, and the applicant will be
required to submit a new site plan and application;
provided, however, a clearing permit shall not
constitute a building permit plan for site plan review
purposes. At its discretion, the City Commission
may extend the approval of a site plan for a one-year
period, provided a request for extension is filed prior
to the expiration of the one-year period. In granting
such extensions the City Commission may impose
additional conditions to conform the site plan to
current development standards.
Sec. 6. Notification.
When a site plan has been scheduled for review
by the planning and development board, the planning
and zoning department shall supply the applicant with
a sign or signs to be posted on the subject property
on which the site plan will be effective with the
following information:
A. Description of proposed use.
B. Availability of plans for review of interested
citizens within the planning and zoning department.
C. Dates and times of the planning and
development board and City Commission meetings to
review the proposed plan.
Sec. 7. Submission requirements.
Each applicant shall submit to the planning and
zoning department the following plans and exhibits in
the number of copies specified by the planning and
zoning department, together with a site plan review
application and a fee adopted by resolution by the
City Commission.
A. Existing site characteristics map: A sealed
survey not older than six months showing all adjacent
streets, alleys and driveways, and also illustrating:
1. Existing natural features, including but
not limited to lakes, trees and other vegetation and
soils and topography.
2. Existing buildings, building elevations,
other structures, including use, height, dimensions
and setbacks.
3. Existing utility lines and all easements.
4. Existing elevations (corder, street and
finished floor)
B. Site development plan:
1. A scaled drawing clearly illustrating
proposed buildings and other structures, and any
existing buildings and structures which are to be
retained, including use, height, dimensions and
setbacks.
2. Proposed off-street parking spaces,
driveways and sidewalks, including location,
1997 S-5
Site Plan Review
dimensions and setbacks, traffic control marking and
signage.
3. Proposed fences and walls, including
location, dimensions, setbacks, height and material.
4. Square footage and percentage
distribution of the total project site, including areas
proposed for landscaped open space, vehicular use
area.s, other paved areas, and building coverage and
total coverage.
4. Proposed location of lighting on site.
5. Proposed dumpster location.
5. Number and ratio of required and
provided off-street parking spaces and number of
loading spaces.
C. Landscape plan:
6: Water bodies in acres and square feet.
1. A separate scaled drawing (at the same
scale as the site development plan.) prepared as
required by state law clearly illustrating proposed
trees, shrubs, grass and other vegetation, including
location, height, size and type of plant by common
and botanical' name.
2. Proposed berms, watercourses and
other topographic features.
3. A notation on method of irrigation.
D. Architectural plan:
1. A scaled drawing clearly illustrating
proposed building floor plan and elevations, including
height, exterior dimensions, exterior color and
materials.
2. A colored elevation drawing showing
all elevations of the building, (This submittal can be
waived by the planning and zoning director when not
applicable.)
E. Tabular summary comaming:
1. Total gross project area by acreage and
square footage and net buildable land area in acres
and square feet.
2. Total number of proposed residemial
units, including characteristics by number of
bedrooms and bathrooms and gross square footage of
each typical unit.
?. Height of buildings.
F. Drainage plan:
1. A separate scaled drawing (at the same
scale as the site developmem plan) showing
elevations, flow arrows, proposed drainage structures,
proposed treatment facilities, etc.
2. An engineer's certification in writing
that drainage will conform with all rules, regulations,
codes, etc. including, but not limited to, Chapter 6,
Article IV, Section 5 of these Land Development
Regulations.
G. Rider to site plan application. All
applications for site plan approval shall be
accompanied by a rider to site plan application in the
following form:
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site
Plan Approval does hereby acknowledge, represent
and agree that all plans, specifications, drawings,
engineering, and other data submitted with this
application for review by the City of Boynton Beach
shall be reviewed by the various boards,
commissions, staff personnel and other parties
designated, appointed or employed by the City of
Boynton Beach, and any such party reviewing the
same shall rely upon the accuracy thereof, and any
change in any item submitted shall be deemed
material and substantial.
3. Proposed nonresidential floor area by
type of use and total gross square footage.
The undersigned hereby agrees that all
plans, specifications, drawings, engineering and other
1997 S-5
Boynton Beach Code
data which may be approved by the City of Boynton
Beach, or its boards, commissions, staff or designees
shall be constructed in strict compliance with the
form in which they are approved, and any change to
the same shall be deemed material and shall place the
applicant in violation of this application and-all
approvals and permits which may be granted.
The applicant agrees to allow the City of
Boynton Beach all rights and remedies as provided
for by the applicable codes and ordinances of the City
of Boynton Beach to bring any violation into
compliance, and the applicant shall indemnify,
reimburse and save the City of Boynton Beach
harmless from any cost, expense, claim, liability or
any action which may arise due i'o their enforcement
of .the same. READ, ACKNOWLEDGED AND
AGREED TO this
day of ., 19m.
Witness Applicant
Witness
(Ord. No. 96-54, § 2, 1-21-97)
Sec.:8. Review standards,
The following standards shall be utilized by the
planning and zoning department and all other
applicable departments for review and evaluation of
all required plans and exhibits.
A. Natural environment: All proposed
developments shall be designed to preserve,
perpetuate and improve the existing natural character
of the site. Existing native trees and other landscape
features shall, to the maximum extent possible, be
preserved in their natural state; and additional
landscape features shall be provided to enhance
architectural features, to relate structural design to the
site, and to conceal unattractive uses. In all instances
the city's landscaping and all other applicable
regulations shall be fully complied with as minimum
standards.
B. Open space: Adequate landscaped open
space shall be provided which meets the particular
needs and demands of the proposed development.
The type and distribution of all open space shall be
determined'by the character, intensity and anticipated
residential or user composition of the proposed
development.
C. Circulation and parking: Ail circulation
systems and parking facilities within a proposed
development shall be designed and located in such a
manner as to comply with the following:
1. A clearly defined vehicular circulation
system shall be provided which allows free movement
within the proposed development while discouraging
excessive speeds. Vehicular circulation systems shall
be separated as much as practicable from pedestrian
circulation systems.
2. Access points to peripheral streets shall
be provided Which adequately serve the proposed
development and which are compatible and functional
with circulation systems outside the development.
3. Whenever possible in proposed
residem.~i developments, living units should be
located on residential streets or courts which are
designed to discourage non-local through traffic.
4. Off-street parking areas shall be
provided which adequately accommodate ma.ximum
vehicle storage demands for the proposed
development and are located and designed in such a
manner so as to serve the uses in the proposed
development and not create incompatible visual
relationships.
5. Safe and efficient access to all areas of
the proposed development shall be provided for
emergency and service vehicles.
6. Sidewalks shall be provided as required
by the city regulations.
7. Conformance with the city and county
thoroughfare plans is required.
1997 S-5
Site Plan Review
8. Compliance with the Palm Beach
Traffic Performance Ordinance is required.
solid waste, drainage, potable water, and parks and
recreation.
D. Community services: All proposed
developments shall be designed and located in such a
manner as to ensure the adequate provision of the
following community services:
Compliance with levels of service as stated
in the Boynton Beach. Comprehensive Plan is
required.
1. Fire protection;
Sec. 9. Modification of approved si'te plan.
2. Police protection.
E. Buildings and other structures: All
buildings and structures proposed to be located within
a development shall be oriented and designed in such
a manner as to enhance, rather than detract from, the
overall quality of the site and its immediate
environment. The following guidelines shall be
followed in the review and evaluation of ail buildings
and structures:
1.' Proposed buildirrgs and structures shall
be related harmoniously to the terrain, other buildings
and the surrounding neighborhood, and shall not
create through their location, style, color or texture
incompatible physical or visual relationships.
2. All buildings and structures sh~ll be
· designed and oriented in a manner ensuring
'maximum privacy of residential uses and related
activities both on the site being developed and
adjacent property.
3. All permanent outdoor identification
features which are intended to call attention to a
proposed development and/or structures shall be
designed and located in such a manner as to be an
integral part of the development.
4. All buildings and structures shall
comply with the community design plan.
F. Concurrency and level of service standards:
For the purpose of the issuance of development
orders and permits, the City of Boynton Beach has
adopted level of service standards for public facilities
and services which include roads, sanitary sewer,
A. Minor: A non-impacting modification
which will have no adverse effect on the approved
site and development plan and no impact upon
adjacent and 'nearby properties, and no adverse
aesthetic impact when viewed from a public right-of-
way as determined by the planning and zoning
director.
B. Major: A modification which presents a
significant change in intensity of use which, in turn,
may have a significant impact upon facilities,
concurrency; upon nearby and adjacent properties, or
upon findings made at the time of approval of the site
and development plan as determined by the planning
and zoning director.
C. In making a minor/major modification
determination, the planning director shall consider the
following:
1. Does the modification increase the
buildable square footage of the development by more
than. five (5) percent.
2. Does the modification reduce the
provided number of parking space below the required
number of parking spaces.
3. Does the modification cause the
development to be below the development standards
for the zoning district in which it is located or other
applicable standards in the Land Development
Regulations.
4. Does the modification have an adverse
effect on adjacent or nearby property or reduce
required physical buffers, such as fences, trees, or
hedges.
1997 S-5
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Boynton Beach Code
5. Does the modificatiOn adversely affect
the elevation design of the structure or reduce the
overall design of the structure below the standards
stated in the community design plan.
6. Does the modified development meet
the concurrency requirements of the Boynton Beach
Comprehensive Plan.
7. Does the modification alter the site
layout so that the modified site plan does not
resemble the approved site plan.
D. When any determination of major/minor
modification made by the planning and zoning
director is challenged or contested by the applicant,
an appeal may be taken as outlined in Chapter l,
ArtiCle VII, Section 1.
E. Procedure: A site plan modification shall
be processed as follows, pursuant to its
categorization:
1. Minor: Administrative review and
aaion by the appropriate city departments.
2. Major: Processing is the same as for
the original site plan.
F. Required information: The following
infon'nation must be presented with a request for a
site plan modification:
1. Minor: A letter which sets forth the
requested changes along with an exhibit showing that
portion of the site plan which is to be changed in its
present condition and an exhibit depicting the
requested change.
2. Major: A major modification shall
contain the same information as required for a new
site plan submittal.
G. Upon approval of a major site plan
modification by the City Commission, the applicant
shall have one (1) year to secure a building permit
from the development department. If an applicant
fails to secure a building permit in that time, all
previous approvals shall become null and void and
the applicant will be required to resubmit the plan for
site plan review. At its discretion, the City
Commission may extend the approval of a major site
plan modification for a one-year period. Minor
modifications shall not extend the time limits of an
approved site plan.
H. The planning director shall file a quarterly
report on minor site plan modifications with the City
Commission.
(Ord. No. 96-54, § 3, 1-21-97)
Sec. 10. Review of site p]~n~ in the CBD central
business district, zoning district or the
communitY redevelopment agency area.
For areas zoned CBD central business district or
within the community redevelopment agency area of
jurisdiction, all the sections of this chapter shall apply
except that the functions of the planning and
development board shall be performed by the
community redevelopment advisory board (CRAB)
and the functions of the City Commission shall 'be
performed by the community redevelopment agency
(CRA).
Sec. 11. Maintenance.
Upon the issuance of a certificate of occupancy
an improved site must be maintained in compliance
with the approved site plan.
Sec. 12. AppeaLs.
When an aggrieved party wishes to appeal an
administrative, board or commission decision, it must
be filed as outlined in Chapter 1, Article VII,
Appeals.
(Ord. No. 96..54, § 4, 1-21-97)
1997 S-5
Chapter 5
PLATTING
Art. I.
Art. II.
Art. III.
Art. IV.
Art. V.
An. VI.
Art. VII.
An. VIII.
In General
Waivers and Substitutions
Administration
Prerequisites to Platting
Plat Preparation and Approval
Previously Planed Subdivisions
Land DeVelopment Permit
Sale or Transfer of Property
ARTICLE I. · IN GENERAL
The purpose of this ~hapter is to provide a
.procedure for preparing plat documents consistem
with development regulations of the City of Boynton
Beach and to create documentation of physical
characteristics of land proposed for development
within the city.
No person, film, pannershi~, corporation or any
other association shall subdivide a tract of land
anywhere in the incorporated area of the City of
Boynton Beach except in conformity with this
chapter. No subdivision shall be platted or recorded
nor shall any building permit be issued unless such
subdivision or development meets all the provisions
of this chapter and those of any applicable Laws of
the State of Florida, and has been approved in
accordance with the requirements as herein set forth,
unless a waiver or substitution has been granted
according to Ankle II of this chapter.
(Ord. No. 96-55, § I, 1-21-97)
Editor's note--Ord. No. 96.55, Section 2,
adopted January 21, 1997, repealed Article II.
Exemption to Platting, Sections 1, 2, 3 and 4, and is
hereby reserving said sections.
ARTICLE II. WAIVERS AND
SUBSTITUTIONS
Sec. 1. Waivers.
A. Eligibility. A waiver of the platting
requirement may be considered when the land is to be
divided into no more than two (2) contiguous lots and
no more than three (3) regularly shaped areas are to
be dedicated to the City of Boynton Beach
(easements, tracts, parks, fights-of-way, etc.) and
because:
1. Unusual conditions are created by
ownership or development of adjacem lands, or
2. The land concerned is isolated or
remote in its relationship to other platted or improv, ed
lands, or
3. The improvements and dedications
existing on the land are substantially in accordance
with the requirements of this chapter and if the
waiving of the requirements for platting would not
conflict with the purpose and intent of this chapter.
B. Waiver application. Pursuant to Section 1
above, the developer shall submit an application for
waiver of plat to the director oF development who
shall review the application and determine if one of
the foregoing conditions exists and, upon affirmative
determination, shall delete the requirement for
platting.
C. Appeal of waiver denial decisions. When
the director of development determines that an
applicant is not eligible for a waiver to platting, the
decision may be appealed to the board of zoning
appeals as outlined in Chapter 1, Article VII.
D. Requirements in lieu of platting. If platting
is deleted, a certified survey shall be submitted to the
director of development who may require deeded
rights-of-way and easements, reservations or
improvements required in connection with platting
under this ordinance, including the posting of surety
to carry out the intent and purpose of this ordinance.
(Ord. No. 96-55, § 3, 1-21-97)
Sec. 2. Substitutions,
A. Eligibility. A boundary plat may be
submitted when the subdivision or resubdivision of
land is of such simplicity or is surrounded by such
1997 S-5 I
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Boynton Beach Code
development as to justify'the waiving of the
requirements for preparing a full replat. For the sole
purpose of determining application fees, a boundary
plat submittal shall be considered a pre-application
submittal.
B. Master plan waiver. The submission of a
master plan for a boundary plat may be waived at the
sole option of the director of development.
C. Specific boundary plat requirements. All
provisions of NS 177 and this Land Development
Regulation shall fully apply to every boundary plat
including, but not limited to, those tangible
improvements required in Chapter 6 not already in
place.
(Ord. No. 96-55, § 3, 1-21-97)
ARTICLE IH. ADMINISTRATION
For the purpose of coordinating, enforcing and
administering this chapter, the director of
development shall be deemed administrative officer.
Information, advice or recommendations shall be
rendered only by the director of development or his
authorized representative.
prior to the preparation of the plat and formal
application.
A. A written pre-application shall be submitted
to the director of development. The written
application shall contain the following:
1. Six (6) copies of the written statement
previously submitted with the master plan.
2. Six (6) copies of the preliminary plat.
3. A fee as adopted by the City
Commission to help defray the cost of processing the
preliminary plat.
B. Upon receipt of the statement and fee, the
director of development shall disperse copies to TRC
members. The director of development will then
advise the developer of the time and place of the TRC
meeting. The developer may then proceed with an
application for approval of the final plat as required
by this chapter.
ARTICLE V. PLAT PREPARATION AND
APPROVAL
ARTICLE IV. PREREQUISITES TO
PLATTING
Sec. 1.' Approved master plan.
Prior to consideration of any proposed platting
or replatting under this chapter, master plan approval
as outlined in Chapter 3 of Pan IH, Land
Development Regulations of the City of Boynton
Beach, Florida must be obtained. For individual
minor properties the master plan may be waived at
the sole option of the director of development.
Sec. 2. Pre.application (preliminary plat).
The purpose of the optional pre-application
procedure is to allow the developer and the director
of development the opportunity to consult informally
Sec. 1. Preparation of f'mal plat.
As a final step in the review procedures to obtain
approval for a subdivision in the City of Boynton
Beach, the developer shall submit a final plat to the
director of development and shall post surety as
outlined in Section 2, paragraph A2 made payable to
the City of Boynton Beach together with restoration
surety as outlined in Section 2, paragraph A3 prior to
placing final plat approval on a City Commission
agenda. No improvements, including streets,
drainage and the like shall be accepted and maintained
by the city unless and until the final plat has been
approved by the director of development and the City
Commission; duly recorded; and all required
improvements are completed, both public and private.
A. Upon filing application for final plat
approval, the developer shall pay a fee as adopted by
resolution of the City Commission to help defray the
cost of processing the final plat. In addition to the
1997 S-5
l'lauins
processing fee, the developer shall pay a fee equal to
a percentage of the estimated cost of construction of
improvements to defray the cost of administration of
the subdivision. Said fee shall be as adopted by
resolution of the City Commission, and shah be paid
in full prior to placing final plat approval on a City
Commission agenda.
B, Within six (6) months from'the date of the
written technical compliance of the construction
plans, the final plat shall be prepared and submitted
to the office of the director of development. Failure.
to submit the f'mal plat within six (6) months shall
require reapplication under Section 6, paragraph D of
this article.
C. The final plat shall conform to the approved
master plan or site plan.
D. The final plat shall be drawn or printed on
twenty-four by thirty-six (24 x 36) inch linen,
chronoflex, mylar or other approved time stable
material. The final plat shall be prepared by a
surveyor currently registered in the State of Florida
and is to be clearly and legibly drawn with black
permanent drawing ink or veritype process to a scale
of not smaller than one (1) inch equals one hundred
(100) feet, or as otherwise determined by the director
of development. The final plat shall be prepared in
. accordance with the provisions of Chapter 177,
'Florida Statutes, as amended, and shall conform to
the following additional requirements:
1. INDEX. When more than a single
sheet must be used to accurately portray the lands
subdivided, the first sheet shall contain an index plus
a map showing the entire subdivision delineating the
number of the sheet where each portion is shown.
Each sheet must show the particular number of that
sheet, the total number of sheets included and clearly
labeled match_lines to show where other sheets match
or adjoin.
2. NAME OF SUBDIVISION. The plat
shall have a title or name acceptable w the city.
When the plat is a new subdivision, the name of the
subdivision shall not duplicate nor be phonetically
similar to the name of any existing subdivision.
When the plat is an addition to a recorded
subdivision, it shall carry the same name as the
existing subdivision.
3. PRIVATE STREETS AND RELATED
FACILITIES. All streets and their related facilities
designed to serve more than one property owner shall
be dedicated to public use; however, private streets
shall be permitted within property .under single
ownership such as a property owners' association,
.and shall be constructed in accordance with design
requirements of public streets. Where private streets
are permitted, ownership and maintenance association
documents shall be submitted with the final plat and
the dedication' contained on the plat shall clearly
dedicate the roads and maintenance responsibility to
the association without recourse to the city or any
other public agency. The fights-of-way and related
facilities shall be identified as tracts for road purposes
under specific ownership.
4. TITLE. The plat shall have a title
printed in bold legible letters containing the name of
the subdivision; the name of the city, county and
sta. te; the section, township and range as applicable
and if the plat is a replat, amendment or addition to
an existing subdivision, it shall include the words
"section, unit, replat, amendment, etc."
:5. DESCRIPTION. Each plat shall show
a full and detailed boundary description of the land
embraced in the plat. The plat must be so complete
that the starting point can be determined and the
boundaries run without reference to the map.
6. DEDICATIONS, CERTIFICATIONS
AND APPROVALS. The plat shall contain on the
face or first page the following certifications and
approvals, acknowledged as required by law, all
being in the form set forth herein.
a. Dedications. The purpose of
all reserved areas shown on the plat shall be defined
in the dedication on the plat. All areas reserved for
use by the residents of the subdivision shall be so
dedicated. All areas reserved for public use, such as
parks, rights, of-way for roads, streets or alleys, shall
be so dedicated; easements for utilities, rights-of-way
and easements for drainage purposes and any other
1997 5-5
4 Boynton Beach Code
area, however designated, shall be dedicated by the
owner of the land at the time the plat is recorded.
b. Mongagee's consent and
approval. All mortgages along with the mortgagee's
consent and approval of the dedication are required
on all plats where mortgages encumber the land to be
platted. The signature(s) of the mortgagee(s) must be
witnessed and. the execution must be acknowledged in
the same manner as mortgages are required to be
witnessed and acknowledged. In case a mortgagee is
a corporation, the consent and approval sh~"
signed on behalf of the corporation by the pre-,
or vice-president and the secretary ot an
secretary, respectively, by and w_ith the authority of
the board of directors.
c. Certification of surveyor. The
plat shall contain the signature, registration number
and official seal of the ~urveyor certifying that the
plat complies with Chapter 177, Florida Statutes, as
amended, and this .o_rdinance. When plats are
recorded and improvements are to be accomplished
under surety posted as provided for by this
ordinance, the required improvements and .surety
shall include P.C.P.'s.
d. City approval. The plat shall
contain the approval and signature block and date for
the .mayor and the director of development and the
acknowledgement and signature block of the city
clerk.
e. County approval. The plat,
when required by the City Commission, shall also
contain the date of approval of the board of county
commissioners; the signature block of the chairman
of the board; the signature block of the county
engineer; and the acknowledgement and signature
block of the clerk of the circuit court.
f. Certification of title. A title
certificate shall be contained on the face of the first
page of the plat. The title certificate shall state:
(1) That the lands as
described and shown on the plat are-in the name, and
that apparent record title is held by the person,
persons or organizations, executing the dedication;
(2) That all taxes have been
paid on said lands as required by Section 197.051,
Florida Statutes, as amended; and,
(3) All mortgages on the land
and indicate their official record book and page
number.
The title certification must, be an
opinion of an attorney-at-law licensed in Florida, or
the certification of an abstractor or a title insurance
company licensed in Florida.
7. SURVEY DATA. The t'mal plat shall
show the length of ali arcs together with central
angles, radii, and points of curvature including, but
not limited to, block comer radii. Sufficient survey
data shall be shown to positively describe the
boundary of each lot, block, fight-of-way, easement
and all other areas shown on the plat and' all areas
shall be within the boundary of the plat as shown in
the description. The survey data contained on the
plat shall also include:
a. The point of beginning shall be
boldly shown together with the letters P.O.B. in bold
letters.
b. Reserve on each sheet of the
plat a three by five (3 x 5) inch space in the upper
right-hand comer to be used by the clerk of the
circuit court for recording information.
c. The map shall mathematically
close within one hundredth (.01) feet and shall be
accurately tied to all township, range and section lines
occurring within the subdivision by distance and
bearing. In addition, the initial point in the
description shall be accurately tied to the nearest
quarter section comer, section' comer or government
comer.
d. The cover sheet or first page of
the plat shall show a vicinity sketch, showing the
subdivision's location in reference to other areas of
the city.
8. STREET NAMES. The plat shall
contain the name of each street shown on the plat.
Proposed streets which are in alignment with other
1997 S-5
Platting
existing and named :streets shall bear the same name
of the existing street. In no case, except as indicated
in the preceding sentence, shall the name of the
proposed street, excluding a numerical system,
duplicate or be phonetically similar to existing street
names, regardless of the use of the modifier "street,"
"avenue," 'boulevard," "drive," 'place," 'court,"
etc.
-9. EXCLUDED PARCELS. Where an
excluded parcel is completely surrounded by areas
included within the plat, sufficient easements or right-
of-way to provide necessary access, utilities, and
drainage to the excluded parcel shall be provided.
No strip or parcel of land shall be reserved by the
owner unless the same is suf0cient in size and area to
be of some particular use or service. The intended
· use of all reserved areas shall be shown on the plat in
note form on the cover sheet.
10. EASEMENTS. The plat shall contain
a statement that no buildings or structures shall be
placed within easements.
11. RESERVATIONS AND
RESTRICTIVE COVENANTS. Restrictions
pertaining to the type and use of water supply; type
and use of sanitary facilities; use and benefits of
water areas, canals and other open spaces; odd-
shaped and substandard parcels; restrictions
'controlling building lines; establishment and
maintenance of buffer strips, and walls; and
restrictions of similar nature shall require the
establishment of restrictive covenants and such
covenants shall be noted on the plat. Documents
pertaining to restrictive covenants shall be submitted
with the final plat.
12. WATERWAYS. Land which includes
any existing or proposed private waterways shall be
included on the original plat together with formal
acceptance of maintenance by the subdivider, his
grantees and assigns, for said waterways including
vegetated littoral zones, and, further the duty, at their
expense, of keeping same free of weeds, hyacinths,
cloggage or other debris or noxious material.
13. PLANNED UNIT DEVELOPMENTS.
All plats for planned unit developments shall contain
'PUD" within the title.
14. MOBILE HOME PARK
SUBDIVISIONS. Mobile horn~ subdivisions shall be
in the proper zone for such development and prior to
the submittal of the f-mai plat and supporting data
shall have the approval of the final zoning authority
and shall meet all of the requirements of the zoning
code. The dedication on the plat of a mobile home
subdivision shall include the following additional
provisions or wording equal hereto: 'Said owner(s)
hereby dedicate(s) the lots shown on the plat
exclusively for mobile home or trailer parking and
use incidental thereto, except as to the lots indicated
for other purposes on the plat. Mobile home or
trailer parking is prohibited everywhere except on the
indicated lots.. Areas indicated as parks or
playgrounds are dedicated for the use of the owners
of the lots shown on this plat."
Mobile home subdivision plats shall
conform to all the requirements of this ordinance and
the requirements of Chapter 177, Florida Statutes, as
amended.
(Ord. No.. 96-$~, § 4, 1-21-97)
Sec. 2. Subrni*sion of f'mal plat.
A. Upon completion of the foregoing
requirements, six sets of the final plat shall be
submitted to the office of the director of development
and be accompanied by the following:
1. Eight (8) sets of the construction plans
approved for technical compliance and approved
health deparunent permits for sewer and water; and
2. Surety guaranteeing that all work
required that will not be constructed, owned and
maintained in perpetuity by the developer and his
successor and/or assigns will be completed in full
accordance with the plat; with all conditions attached
thereto; and with Boynton Beach Land Development
Regulations, provided that no surety is required for
sewage collection and transmission systems, water
distribution systems and transmissions systems which
will be conveyed to the City upon completion of their
construction. No certificates of occupancy shall be
issued within the development until the sewage and
water systems are completed, have been certified as
completed, have been inspected, conveyed to the
City, and the conveyance accepted by Resolution of
1997 S-5
6 Boynton Beach Code
the City Commission. Surety shall be in an amount
equal to one hundred ten per cent (110%) of-the total
cost of surveying and construction for the installation
and completion of all required improvements which
will not be privately owned and maintained including,
but not limited to, sidewalks, sewage collection and
transmission systems, water distribution and
transmission systems, streets, et al. Periodically,
during the process of construction and upon request
by the developer, the director of development may
recommend that the City Commission reduce the
dollar amount of the surety on the basis of work
completed; provided, however, sufficient funds shall
remain to complete the required improvements. In
the event of default by the developer or failure of the
developer to complete such improvements which will
not-be privatelY owned and maintained within the
time required by this chapter, the city, after thirty
(30) days written notice to the developer, shall cash
the surety to insure satisfactory completion of the
required improvements. The City Commission by
resolution may accept other surety it deems
appropriate. Surety shall be in substantially the form
delineated in Chapter 7; and
3. Restoration surety in compliance with
Chapter 7 in the amount of one hundred ten per cent
(110%) of the engineer's certified cost for restoring
the site to its original condition including, but not
limited to, repair of access/haul routes; seed; sod;
landscaping; drainage and utilities; and
4. A check payable to the City of Boynton
Beach representing the fee described in Ankle V,
Section 1 .A hereinbefore; and
5. A copy of the property owners
association documents. These documents shall
indicate the maintenance responsibility for street
lighting and shall provide for the formation of a
special taxing district to assume maintenance
responsibility for the street lighting system in the
event of the dissolution of the property owners
association; and
6. Supplementary material as required by
the office of the director of development, i.e. deeds,
easements, etc., when access, drainage, or utility
services cannot be accomplished through platted
rights-of-way deeds or easements to accomplish
access, drainage or utility service; and
7. A check payable to Palm Beach County
in the amount of the plat recording fees.
B. The director of development shall examine
the final plat as to its compliance with the constitution
and statutes of the State of Florida and the ordinances
of the City of Boynton Beach and shall in writing,
within thirty'(30) days, report his finding,
recommendations or approval to the developer in
writing. Reference shall be made to the specific
article, section and-paragraph with which the f'mal
plat does not comply. If deficiencies exist, they shall
be corrected by the developer. If the final plat meets
the provisions of this ordinance, and complies with
the statutes of the State of Florida and the ordinances
of the City of Boynton Beach, the director of
development shall submit the final plat to the city
manager for placement on the City Commission
agenda for review and approval. The City
Commission may after its approval also require
county approval prior to recording.
(Ord. No. 96-55, § 4, 1-21-97)
Sec. 3. Final plat recordin~ requirements.
The final plat, signed'by the mayor, the director
of development and acknowledged by the city clerk,
shall be presented to the Palm Beach County Clerk
(or county engineer if county approval is required) to
complete the formal recording process.
ARTICLE VI. PREVIOUSLY PLATTED
SUBDIVISIONS
Sec. 1. Active subdivision development.
A plat and/or improvement plans for a
subdivision that has been approved under the
subdivision regulations adopted by the City
Commission on March 25, 1959, and amendments
thereto, may be completed as approved under those
regulations with respect to the approved plans and/or
plat. Additions thereto which have not been approved
1997 S-5
Platting 7
shall be subject to the requirements of these land
development regulations.
Sec. 2. Reversion of subdivided land to acreage.
The official records of Palm Beach County
comain plats recorded prior to the adoption of these
land development regulations governing development
in the City of Boynton Beach. Such plats show areas
within the City of Boynton Beach which have been
platted as subdivisions, but which have either been
partially improved or developed or remain
unimproved or undeveloped. These areas, if fully or
partially developed as platted, would not conform to
the current needs of urbanization in the City of
Boynton Beach as established herein.
A. The Boynton Beach, Florida, City
Commission shall have the power, on its own
motion, to order the vacation and reversion to
acreage of all or any part of such subdivision within
the incorporated areas of the City of Boynton Beach,
including the vacation of streets or other parcels of
land dedicated for public purposes or any portion of
such streets or other parcels.
B, Such order of vacation and reversion of
subdivision plats may only. be made by the City
,Commission under the following conditions:
of subdivided land must be shown to conform to the
comprehensive plan of the area and that the public
health, safety, economy, comfort, order, and welfare
will be promoted thereby. No owner of any parcel of
land in a subdivision so vacated shall be deprived of
reasonable access to or from such parcel to which
such parcel has theretofore had access. Access after
such vacation and reversion need not be the same as
theretofore existing, but shall be' reasonably
equivalent thereto.
D. The owner or owners of a subdivision
subject to vacation and reversion to acreage may at
their option vacate or abandon the subdivision ar
portion thereof, or may improve undeveloped rights-
of-way or rights-of-way which have been partially
improved at their cost and expense, provided such
improvements comply with the provisions of this
ordinance and are acceptable to the City Commission
for maintenance.
Improvement of existing partially
developed subdivisions not subject to
vacation and reversion to acreage.
The improvement of existing partially developed
subdivisions not subject to vacation and reversion to
acreage shall comply with the requirements of this
ordinance and the following:
1. A plat of the subdivision was recorded
as provided by law not less than five (5) years before
the date of proposed reversion to acreage; and
2. In the subdivision or pan thereof
proposed to be reverted to acreage, not more than
thirty-five per cent (35 %) of the unimproved portion
of the subdivision area has been sold as lots with
sixty-five per cent (65 %) left under one ownership.
A. ROAD AND STREET RIGHTS-OF- WAY.
The existing fight-of-way for local streets shall be
considered sufficient, provided it is at least fifty (50)
feet wide and the improvements comply with the
fifty-foot typical section for road construction
contained in city standards. If the existing fight-of-
way is less than fifty (50) feet wide, additional right-
of-way shall be provided to make a total of not less
than fifty (50) feet.
C. Prior to ordering such a vacation and
reversion to acreage the City Commission shall hold
a public hearing relative to the proposed vacation and
reversion to acreage, with prior notice thereof being
given by publishing in a newspaper of local
circulation the date of and the subject matter of the
hearing at least once within the two-week period
preceding the date of such public hearing. At such
public hearing, the vacation and reversion to acreage
B. EASEMENTS. Easements for proper
drainage shall be provided where necessary at a width
adequate to accommodate the drainage facilities. A
minimum width of twelve (12) feet shall be provided
for underground storm drainage installations. Where
canals or ditches are permitted, the width shall be
adequate to accommodate drainage facilities plus
twenty (20) feet on one side to permit equipment to
enter for maintenance purposes.
1997 S-5
8 Boy'ton Beach Code
C. PLATTING. Compliance with platting
sections of this ordinance are not required where the
improvements are contained in existing platted rights-
of-way and no additional right-of-way dedication is
needed. Drainage rights-of-way and easements where
a plat is not required shall be accomplished by
separate instrument dedicating the easement and/or
rights-of-way for such purposes.
Sec. 4. Waiver.
In portions of a subdivision which are not under
the control or ownership of the developer, the
director of development may waive the additional
right-of-way requirement set forth in paragraphs A
through C of Section 3 hereinbefore, when it is
shown to be impossible for the developer to acquire
the required additional right-of-way.
The City Commission may bring injunctive
action to enjoin such transfer, sale or agreement.
Failure to comply with the provisions of this
section shall not impair the title of land so transferred
or affective validity of the title conveyed. However,
a purchaser of land sold in violation of this section
shall, within one year from the date of purchase
thereof, be entitled to bring an appropriate action to
void such sale or to bring action against the seller for
any damage which he suffers as a result of the seller's
unlawful act, or both.
ARTICLE VII. LAND DEVELOPMENT
PERMIT
A land development permit shall be required
prior-to commencement of construction of required
improvements. The land development permit shall be
issued by the director of development in conjunction
with approval of and agreement for construction of
required improvements, and after formal approval of
the final plat by the City Commission.
ARTICLE VIII. SALE OR TRANSFER OF
PROPERTY
It shall be uraawful for anyone who is the owner
of any land to transfer, sell, agree to sell, or
negotiate to sell such land by reference to, exhibition
of or other use of a plat of a subdivision to such land
without having submitted a plan and plat of such
subdivision for approval as required by this ordinance
and without having recorded the approved subdivision
plat as required. If such unlawful use be made of a
plat before it is properly approved and recorded, the
owner or agent of the owner of such land shall be
guilty of a misdemeanor of the first degree,
punishable as provided in Section 775.082 or Section
775.083, Florida Statutes.
1997 S-5
Chapter 6
REQUIRED IMPROVEM~ENTS
Art. I.
Art. II.
Art. III.
Art. IV.
Art. V.
Art. VI.
Art. VII.
In General
Applicability
Identification of Required
Improvements
Design Requirements for Required'-
Improvements
Construction of Required
Improvements
Acceptance and Maintenance of
Required Improvements
Subdivisions Containing/Adjoining
Waterfrom Property
ARTICLE I. IN GENERAL
Sec. I. Purpose.
The purpose-for construction of these required
improvements is as stated in Chapter 1, Article IV of
these Land Development Regulations of the City of
.Boynton Beach.
Sec. 2. Commencement.
Construction of required improvemems shall not
commence umil a land development permit has been
issued.
Sec. 3. Administration.
For the purpose of coordinating, enforcing and
administering this chapter the director of developmem
shall be the administering officer.
ARTICLE H. APPLICABILITY
Tangible improvemems are required as described
in this chapter in conjunction with the developmem of
every subdivision within the incorporated area of the
City of Boynton Beach whether the subdivision is
platted or unplatted.
ARTICLE HI. IDENTIFICATION OF
REQUIRED IMPROVEMENTS
Sec. 1. Alleys.
Alleys are required along rear lot lines of
commercial subdivisions and are permitted in
industrial subdivisions.
Sec. 2. Bridges and culverts.
Bridges or culverts shall be provided as
necessary to facilitate the proposed street system
whenever a subdivision is traversed by or contains
canals, watercourses, lakes, streams, waterways or
channels. Bridges or culverts are subject to approval
by agencies having jurisdiction.
Sec. 3. Buffer areas (screening).
Subdivisions shall be buffered to separate
residemial developments from commercial and
industrial developmems with a five-foot high masonry
wall or landscaped chain link fence, or some other
equivalem buffer which shall also be at least five (5)
feet in height, except where such developments are
separated by a golf course or other equivalent barrier.
Residential developments shall also be buffered and
protected from adjacent expressways, arterials and
railroad rights-of-way with a five-foot limited access
easement, which shall be shown and designated on the
plat, except where access is provided by means of a
marginal access road or where such expressway,
arterial or railroad right-of-way abuts a golf course.
As an alternative, a five-foot high decorative masonry
wall or landscaped chain link fence or other
equivalent buffer, which shall be at least five (5) feet
high, may be provided in a limited access easement
up to five (5) feet wide.
2
Boynton Beach Code
Sec. 4. C earing. aracUn , trainS.
Grade, excavate and/or fill to comply with this
chapter, taking into consideration the existing and
future grade of adjacent properties and fights-of-way.
Prior to commencement of any construction activity
on the site a reclamation plan in compliance with
Chapter 8, Article III, Section A, paragraph la shall
be approved by the director of development. Clear
all rights-of-way and make all grades for streets,
alleys, lots, water tracts and other areas compatible
for drainage as prescribed in the drainage design.
Type of fill within dedicated rights-of-way and other
dedicated land shall be satisfactory to the director of
development, based on soil tests provided and paid
for by the developer who shall certify as to the type
of. material and method of placement. In the interest
of the preservation of existing trees and other natural
beauty, the director of development may vary the
requirements of this section where aesthetic and
enviwrunental conditions will be enhanced but will
not affect proper drainage of the area.
Blowing sand, dust and other airborne part. iculate
matter shall be controlled in compliance with Chapter
?.5, Article I, Section 19C. Remove all Melaleuca,
Brazilian Pepper and Australian Pine.
(Ord. No. 96-5/5, § l, 1-21-97)
Sec. 6. Fire hydrants.
Fire hydrants shall be provided in all residential,
commercial and industrial subdivisions in the manner
prescribed in this ordinance. When annual fire
hydrant fees are to be levied according to ordinances,
a special association for payment of said fees will be
required.
Sec. 7. Reserved.
Sec. 8. Reserved.
Sec. 9. Reserved.
Sec. 10. Sanitary sewage.
A complete sewage collection system shall be
provided for all subdivisions in accordance with
requisite government regulations. Sewage
transmission facilities shall be provided by the
developer to an approved operating city collection or
transmission system. The city utility director shall
approve ail connections to existing city collection and
transmission systems.
Sec. 5-1. Drainage.
An adequate storm, surface and ground water
drainage system, including necessary ditches, canals,
swales, percolation areas, detention ponds, storm
sewers, exfiltration trenches, drain inlets, manholes,
headwalls, endwalls, culverts, bridges and other
appurtenances shall be required in all subdivisions.
Sec. 5-2. Storm water treatment.
Storm water shall be treated in the subdivision
by providing on-site percolation and/or detention or
any appropriate treatment technique acceptable to the
South Florida Water Management District.
Sec. 11. Sidewalks.
Sidewalks shall be constructed on both sides of
all local and collector streets, and on one side of
marginal access streets in all areas. They shall be
constructed concurrent with building construction.
A. Waiver. A required sidewalk may be
waived by the technical-review committee in planed
or unplatted subdivisions when it determines that
adequate pedestrian circulation is provided by
bicycle/pedestrian paths. The control, jurisdiction and
maintenance obligation of bicycle/pedestrian patl~ not
located within a public right, of-way shall be placed in
a property owner's association or an improvement
district. Bicycle/pedestrian paths shall be constructed
concurrently with other required improvements.
1997 S-5
Chapter 7
SURETY
An. I. In General
ARTICLE I. IN GENERAL
This policy delineates specific criteria and
prerequisites for accepting surety by the city in
conjunction with developer agreements, contracts,
development related improvements and any other
contractual obligations. -
Sec. 2. Applicability.
A. When Required.
Wherever surety is required within the
Boynton Beach Code of Ordinances and/or Land
Development Regulations it shall be provided in the
form and manner prescribed in Section 3 hereinafter.
The type of surety shall be determined by the
administrator of the code section involved, and shall
be acceptable to the Boynton Beach city attorney and
City Commission.
B. Amount.
The amount of surety shall be equal to or
greater than 110% of the total obligation whether it
be for restoration, abatement, maintenance,
guarantee, fees in lieu of land dedication, required
improvements or any other purpose.
C. Periodic reduction of surety.
Fwm time to time during progress of the
work the developer may request that the director of
development recommend that the City Commission
reduce the dollar amount of the surety on the basis of
work completed, but in every case the remaining
funds shall be sufficient to complete the obligation.
In the case of surety for required improvements
associated with subdivision development, five (5) per
cent of the engineer's certified cost of required
improvements shall be retained for one (1) year after
acceptance of such improvements by the City
Commission as a guarantee against defects in
workmanship and material.
D. Default.
In the event of default by the developer or
failure of the developer to complete the obligations
within prescribed time limits, the ci .ty, after thirty
(30) days written notice to the developer/shall cash
,the surety to insure satisfactory completion of the
obligations.
3. Typ of sumy.
A. LETTERS OF CREDIT
1. The face of the letter of credit must
indicate the following:
a. The letter of credit is "clean".
b. The letter of credit is
irrevocable and shall remain enforceable until released
by a resolution adopted by the City Commission, or
until the letter of credit expires. If the letter of credit
provides for an expiration date, said letter of credit
shall be automatically renewed for successive periods
of one (1) year each unless the issuer of the letter of
credit provides the City written notice of its intent to
cancel the letter of credit. Said notice must be
provided at least ninety (90) days prior to the
expiration of the date of the original term or any
renewed one (1) year term. Notice to the City that
the letter of. credit will expire prior to the
performance of the obligations guaranteed by the
letter of credit shall be deemed a default and shall
entire City to collect on the letter of credit.
c. The purpose or project for
which the letter of credit is issued.
d. The specific amount of the
letter of credit, in U.S. Dollars.
e. The method of disbursement of
draws against the letter of credit.
1998 S-8
2
Boston Be~ch Code
f. The street address where draws
against the letter of credit shall be made.
g. The letter of credit is
enforceable in a coun of competent jurisdiction in
Palm Beach County, Florida, and is to be interpreted
by Florida Law.
h. The name and street address of
a designated agent within the State of Florida for
acceptance of process.
2. At the time of issuance of the letter of
credit, and at all times subsequent thereto and so long
as the letter of credit is enforceable, the issuing
financial institution must hav~-a rnin~um 'peer
group" rating of fifty (50~ in the latest Sheshunoff
Quarterly Listing or a minimum rating of one
hundred twenty-five (125) in the latest IDC Bank
Financial Qu~'terly Listing. The city finance
department shail periodically verify this information.
3. At any time during the 'life of the letter
of credit, should the rating of the issuing financial
institution fall below both of the minimum ratings
indicated in Section 2 above, or should the financial
institution merge with another financial institution or
have a conservator or receiver appointed to supervise
or control the operation of its business or become
insolvent, the contractor/developer must, within sixty
(60)' calendar days after notification by the city:
a. Replace the existing letter of
credit with a replacement letter of credit from a
fmanciai institution with either of the minimum
ratings as specified in Item 2 above; or
b. At the city's option, the letter
of credit may be replaced by other surety acceptable
to the city in accordance with the city's existing
surety policies.
4. Failure to comply with this provision
may result in any or all of the following actions by
the city: suspension of the contractor/developer's
right to pull building permits and schedule
inspections; issuance of a stop work order; and/or
revocation of the land development permit. These
actions shall be in effect until a satisfactory
replacement surety is accepted by the city.
5. No letter of credit shall be deemed
accepted by the city until accepted by motion or
resolution of the City Commission following review
by the city attorney's office for legal sufficiency.
6. Original letters of credit shall be
maintained by the city clerk and shall be clearly
identified as to the project or contract for which it is
issued.
7. Letters of credit accepted prior to
approval of this article shall continue through the
current expiration date of the letter of credit provided
however, renewal of these existing letters of credit
shall be in accordance with this policy.for accepting
letters of credit.
8. The financial institution issu~g any
letter of credit must be authorized to do business 'in
the State of Florida and shall show proof of same
upon request of city staff.
B. CASH, CERTIFIED CHECK,. CASHIER'S
CHECK
(Am. Ord. 98-08, § 1, 2-2-98)
1998 S-8
Required Improvements
3
B. Alternatives. A dual system consisting of
sidewalks within public right;of-way and
bicycle/pedestrian paths outside of the public right-of-
way may be required to provide adequate pedestrian
circulation. Paths shall be constructed concurrently
with other required improvements and shall be
included in the surety described in Article XVIII.
(Ord. No. 96-56, § 2, 1-21-97)
Sec. 1~. Central water system.
A complete water distribution system shall be
provided for all subdivisions. Water transmission
mains shall be provided by the developer to an
approved operating city water system. The city utility
director shall approve all new connections to the
existing city water system.
Sec. 12. Streets.
All streets and related facilities required to serve
the proposed subdivision shall be constructed by the
developer. The co~truction shall consist of, but not
be limited to, street grading, base preparation and
surface course along with drainage, and shall be in
accordance with City regulations.
Before any plat or deed or instrument conveying
or dedicating any street right-of-way to the city shall
be accepted by the city, all roads shall be paved so as
to meet the minimum requirements set forth in this
chapter.
(Ord. No. 96-56, § 3, 1-21-97)
Sec. 13. Street markers.
Street markers shall be provided at each
intersection in the type, size and location required by
current city standards. Street name signs shall carry
the street name on the approved subdivision
documents.
Sec. 14. Street ligbtln.o,
Street lighting is required on all public street
rights-of-way. Applicant is responsible for supplying
and in.stalling a system acceptable to Florida Power
and Light Company and the director of development.
Upon completion and demonstration, the city will
extend its current agreement with F.P.L. and absorb
the energy cost of street lighting on city streets.
Street lighting is optional on private streets and the
cost of supplying, installing and providing energy and
life long maintenance is the sole responsibility of the
applicant and its successors or assigns.
Sec. 16. 'Traffic control devices.
The developer shall install traffic control devices
on roads within and interfacing with the subdivision.
A traffic impact analysis meeting the approval of the
director of development shall determine the traffic
light requirements.
ARTICLE IV. DESIGN REQUIREMENTS
FOR REQUIRED IMPROVEMENTS
The design of required subdivision improvements
shall be in accordance with acceptable engineering
principles. Design data, (calculations, analyses, etc.)
shall be submitted along with the development plans
covering important features affecting design and
construction. Such data shall include, but not be
limited to, high water, drainage facilities of all kinds,
subsurface soil data, alternate pavement and subgrade
types, and radii at intersections when minimum
standards of the American Association of State
Highway and Transportation Officials are inadequate.
Required improvements shall be equal to or exceed
current city standards and the following:
A. Points of access. Points of access to lots
shall be at least thirty (30) feet from intersecting
right-of-way lines on local streets and one hundred
eighty (180) feet from intersecting right-of-way lines
on all other streets. However, access to townhousc
clusters may be via parking lots and/or driveways
designated on the plat as access or parking tracts
providing the length of access does not exceed six
hundred (600) feet. Subdivisions shall be designed to
provide access to all lots by the use of local streets.
1997 S-5
4 Boy6ton Beech Code
Points of access w-marginal' access roads from
collector streets or streets of higher classification
must be at least 660 feet apart, with the initial access
point at least 330 feet from intersecting right-of-way
lines of such streets unless otherwise approved by the
director of development.
B. DRIVEWAY SPACING. Minimum
spacing between driveway centerlines on all streets
except local streets is one hundred thirty feet or in
compliance with Palm Beach County standards for
county roads or FDOT standards for state roads,
whichever is greater.
C. STREET CONNECTIONS.
1. Local streets to collectors. Local street
connections to collector streets shall be a minimum of
six hundred sixty (660) feet apart.
2. CollectOr streets to arterials. Collector
street connections to arterial streets shall be a
minimum of one thousand three hundred twenty
(1,320) feet apart.
D. DOUBLE FRONTAGE LOTS. Double
frontage lots adjacent to a collector or arterial street
shall front on a local street. The rear of the lot shall
abut the collector or arterial streetand be buffered as
required bY these Land Development Regulations.
(Ord. No. 96-56, § 4, 1-21-97)
Sec. 2. Alleys.
Alleys shall be paved eighteen (18) feet wide in
a minimum twenty-foot right-of-way for commercial
and industrial use and shall have appropriate radii for
the use intended. Alleys shall have inverted ~rowns
with three-eighths (3/8) inch per foot traversed slope.
The alley grade shall not exceed five per cent (5%)
or be less than thirty-hundredths per cent (.30%)
unless otherwise approved by the director of
development. Alley intersections and sharp changes
in alignment shall be avoided and dead end alleys are
prohibited~
Sec. 3, Blocks.
The length, width and shape of blocks shall be
determined with due regard to:
A. Provision of adequat~ building sites suitable
to the special needs of the type of use contemplated.
B. Zoning requirements as to lot size and
dimensions.
C. Need for convenient access, circulation,
control and safety of vehicular and pedestrian traffic.
D. Limitati6ns andopportunitiesoftopography.'
I. Block lengths shall not exceed one
thousand three hundred twenty (1,320) feet between
intersecting streets except where special topographical
conditions exist. Greater lengths may be approved by
the director of development.
2. In blocks nine hundred (900) feet in
length or over, crosswalks not less than eight (8) feet
wide may be required between streets where deemed
essential to provide circulation or access to schools,
playgrounds, shopping centers, transportation and
other community facilities.
Sec. 4. Bridges.
Bridges shall be designed in general accord with
current Department of Transportation practices and
shall include planning for utility installation. They
shall be reinforced concrete or, upon request and
approval, other low maintenance materials. Bridges
shall have a clear roadway width between curbs two
(2) feet in excess of the pavement width in each
direction and shall provide four-foot wide sidewalks
on each side. All bridge structures shall be designed
for H-20-S16-44 loading, incorporating adequate
erosion protection.
Sec. $. Drainage and storm water
treatment.
A. DRAINAGE. Provide comprehensive storm
drainage facilities. Submit construction plans and
1997 S-5
Required Improvements
5
certified drainage design data which includes, but is
not limited to, method of control of storm water and
groundwater; drainage plan; existing water
elevations; recurring high water elevations; proposed
design water elevations; drainage structures; canals;
ditches; and any other pertinent information
pertaining to the system. Provide for drainage of
lots, streets, roads and other public areas including
surface waters ~which drain into or through the
property. The drainage design must provide adequate
surface water drainage of naturally occurring or
existing adjacent contributory areas.
I. Design Criteria.
a. Design using acceptable
engineering principles.
b. Protect ail future buildings
from a one in one hundred (I00) year storm.
c. Provide South Florida Water
Management District (SFWMD) approval.
d. Provide for maintenance of
groundwater levels to prevent over drainage for the
intended land use.
e. Design for rainstorms of
maximum intensity predicted for the Palm Beach
County area at three-year intervals according to
current SFWMD charts and data.
f. Design for long life, low
maintenance cost and ease of maintenance.
g. Design so that the hydraulic
gradient is not higher than grate elevations of any
inlet in the system.
h. Slope pipe and channel
structures to minimize sediment.
i. Use runoff coefficients
applicable after complete development has occurred.
2. Components.
a. Minimum pipe size is fifteen
(15) inches in diameter.
b. Distance between termL, mting
or intermediate structures shall not exceed those
required by state standards for the construction of
rnamtenance inlets or manholes.
c. Pipe shall meet ASTM,
AASHTO and current Department of Transportation
specifications. Concrete pipe shall have gasketed
joints, meeting the requirements of AASHTO.
d. Metal pipe used beneath
pavement or parallel within the right-of-way shall
provide a joint-free installation. Where joint-free
installations are not feasible pipe shall be jointed with
a twelve-inch wide band having a mastic or neoprene
gasket providing a watertight joint. Other jointing
techniques meeting or exceeding these requirements
may be used if approved by the director of
development.
e. Pipe shall be fitted with
headwalls, endwalls, inlets and other appropriate
structures.
f. Catchbasin and manhole covers
shall be bicycle proof.
3. Dedications. Where additional ditches
and canals are required to accommodate contributory
surface waters, right-of-way shall be dedicated for
future needs. Exception: developer may excavate or
open sufficient capacity to provide for existing
drainage needs whenever the developed or
undeveloped status of adjacent areas so warrants,
subject to approval by the director of development.
B. STORM WATER TREATMENT. Rai~all
runoff, surface wa~ers and groundwaters shall be
managed in subdivisions to optimize water quality and
maximize percolation and detention to promote the re-
use of this resource. The treatment shall be acceptable
to the SNWM D. Storm Water Management shall be
governed by the appropriate drainage district.
1. Design Criteria.
a. Size to accommodate at lea.st a
one hour, three-year storm or to retain the first inch
of runoff, whichever is greater.
1997 S-5
oo
Boynton Beach Code
b. Provide detention for at least
the first inch of rainfall in swales, retention areas or
other approved facilities,
c. Pervious areas shall be sodded
and irrigated unless other landscaping is approved by
the director of development.
d.' Route runoff from roads,
parking lots, roofs, and other impervious surfaces
over areas where percolation is accomplished prior to
introduction, into any receiving facility. Runoff
carried directly into the closed storm sewer system
must be discharged to percolation areas prior to
conveyance to off-site receiving waters.
2. Components.
a. Maximum runoffdistance over
impervious surfaces before diversion to percolation
areas is fifty (50) feet excluding roofs, sports fields,
roadway gutters and storm sewers.
b. Temporary ponding shall not
last more than eight (8) hours.
c. Swales may be substituted for
storm sewers to convey and collect surface waters.
Minimum swale grade shall be three feet per 1,000
-linear feet. Maximum swale grade is limited to that
grade which will produce water velocities below the
threshold of erosion. Maximum swale side slope in
shall not exceed four to one (4:1).
d. Water management tracts shall
include a twenty-foot maintenance easement with a
maximum side slope of eight to one (8:1) to
elevation. Maximum slope from edge of maintenance
easement to a point two feet below control elevation
is four to one (4:1).
3. Dedications. Major treatment facilities
such as swales, lakes, canals, and other areas used
for storm water management prior to discharge from
development shall be placed in water management
tracts shown on the plat and dedicated to the entity
responsible for their maintenance.
4. Alternate treatments. Alternate
treatment methods or facilities which in the opinion
of the director of development are equal or superior
to the above requirements may be approved.
Application for such approvals shall be accompanied
by written data, calculations and analyses which
show, by accepted engineering principles, that the
alternate proposal is equal or superior to that
required.
All major treatment facilities such as
swales, lakes, canals, and other detention areas used
for Storm water management prior to discharge from
development shall be placed in water management
tracts shown on the plat and dedicated to the entity
responsible for their maintenance, All water,
management tracts shall include where necessary, a
twenty-foot maintenance berm, 'with a side slope not
steeper than eight to one (8:1) to control and four to
one (4:1) two (2) feet below control.
Alternate treatment methods or facilities
which in the opinion of the director of development
are equal or superior to the above requirements may
be approved.
(Ord. No. 96-56, § 5, 1-21-97)
A. UTILITY EASEMENTS. Easements twelve
(12) feet wide shall be provided to accommodate all
required utilities across lots and where possible shall
be centered on lot lines with convenient access for
maintenance. Easements ten (10) feet wide shall be
provided for underground utilities across that portion
of a lot adjacent to a street. Additional utility
easements may be required by the city when, in the
opinion of thc director of development, such
easements are necessary for continuity of utility
service between developments and where necessary
for maintenance and service. Utility easements and
drainage easements shall be separate unless otherwise
approved by the director of utilities and the director
of development. Where crossings occur, drainage
easements shall take precedent~
B. DRAINAGE EASEMENTS. Drainage
easements shall be provided where necessary at a
width adequate to accommodate the drainage
facilities. A minimum of twelve (12) feet shall be
provided for underground storm drainage
installations. Where canals or ditches are permitted,
1997 S-5
Requirai Improvements
7
the width shall be adequate to accommodate drainage
plus twenty (20) feet on one side for maintenance
purposes. Where the width of canals or ditches
exceeds sixty (60) feet, they shall be acceptable to
and placed under the control of the drainage agency
having jurisdiction. Drainage easements shall be
provided to facilitate removal of surface waters from
contributory areas. When a subdivision is traversed
by or develops .canals, watercourses, lakes, streams,
drainage ways or channels, a drainage easement or
right-of-way shall be provided conforming substan-
tially with the lines of such waterway and of such
width and/or construction as will be adequate for the
purpose.
All lots shall have frontage on a street or have
permanent private access to a street which has a
minimum fight-of-waY of fifty (50) feet. All lots
shall have the area, frontage, width and depth
required by the prevailing or approved use zone
wherein said lots are located. When a subdivision is
proposed under land with existing structures that are
proposed to be retained, lots are to be designed so as
not to cause existing structures to become noncon-
forming with respect to building area or lot size.
:When lots are platted abutting a collector or arterial
street, access shah be limited to local streets or
marginal acc~s roads. No access from individual
lots shall be permitted directly to collector or arterial
streets. Double frontage lots or through lots shall be
avoided except where essential to provide separation
of residential development from traffic arteries or to
overcome specific disadvantages of topography or
orientation. Where double frontage lots are developed
they shall be buffered as required by this ordinance.
Comer lot lines at intersecting rights-of-way
shall be the long chord of a twenty-five-foot radius or
of a greater radius where deemed necessary. Comer
lots shall be designed to provide a safe intersection
with respect to sight distance. A restriction shall be
defined on the plat prohibiting construction or
plantings over 2 foot six inches high on comer lots
within a safe sight distance based on the crown
elevation of the street.
(Ord. No. 96-56, § 6, 1-21-97)
Sec. 8. Seawalls, bulkheads, piers and
docks.
Seawalls, bulkheads, piers and docks installed
along access waterways shall be installed under
permit issued by the Boynton Beach Development
Deparunent. Seawalls and bulkheads shall be
constructed with the water side face .being on the
property line.
Test borings of subsurface condition of the tract
are required. When nonpervious soils or unstable soils
(peat, muck, etc.) are encountered, the developer
shall provide such additional design and construction
as are necessary to assure proper drainage and
development. Test locations and results shall be
recorded on the construction plans.
Street layout shall be coordinated with the street
.system of the surrounding area. Consideration shall
be given to existing and planned streets, topographical
conditions, public convenience, safety and relation-
ship to tl~ proposed use of the land to be servel.
The arrangement of stre~'.s in new subdivisions shall
provide for the continuation of existing streets in
adjoining me. as not subdivided, and shall provide for
the proper projection of streets. When a subdivision
adjoins unsubdivided land, then the new strut, where
necessary, shall be carried to the boundary of the
tract propo~ to be subdivided to promote reasonable
development of adjacem lands, and provide continuity
of street systems. The new subdivision shall provide
for the incorporation and compatible development of
present and future streets shown on the thoroughfare
n',ap adopted by the City Commission.
A. TRAFFIC ANALYSIS. A subdivision that
will generate three thousand (3,000) one-directional
vehicle trips per day or two hundred fifty (250) one-
directional vehicle trips in any one-hour period must
submit a traffic impact analysis along with the master
plan. The analysis shall be prepared by a professional
engineer and shall be used to determine the number of
19~8 S-7
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Boymon Beach Code
lanes, c_~oacity of street systems proposed or affected
by the development, and the phasing of improvements.
When a subdivision will not generate sufficient one-
directional vehicle trips to wan'ant a traffic impact
analysis, an intersection analysis must be submitted
along with the master plan.
B. STREET RIGHT-OF-WAY WIDTH.
Minimum street right-of-way width shall be as
~ollows:
Right-of-Way Width
Street ~P~pe (in feet)
Expressway ...................... 300
Major arterial .................... 200
120
Arterial ........................
*Collector ........................ 80
*Local with mountable curb ............ 50
*Local with swales .................. 60
Marginal access .................... 40
*The right-of-way width may be reduced by eight (8) feet
if the provisions of Chapter 6, Art. IH, Sec. 11 are met.
C. STREET PAVEMENT WIDTHS. Street
pavement widths shall be as follows:
Street Type
Paving Width (in feet)
Expressway ............. 4 or more 12-foot
lanes with median
Major aflerial ........... 4 or more 12-foot
lanes with mining
lanes and median
Arterial ................ 4---12-foot lanes
with tuml-~ lanes and,
when required, median
*Collector .............. 2 or more 12-foot
lanes with turning lanes,
median optional
*Local ................. 2--11 foot lanes
* Measured from center of valley curb or edge of
pavement
D. DEAD-END STREETS. Dead-end street
shall be prohibited except when designed as a cul-de-
sac. Such street shall not exceed one thousand three
hundred twenty (1,320) feet in length except where
natural geographic barriers exist and shall be
provided at the dosed end with a circular dedicated
or private fight-of-way with a radius of no less than
forty-five (45) feet in the Central Business District
and no less than fifty (50) feet in all other zoning
districts. If a dead-end street is of a temporary
nature, an adequate turnaround within the proposed
right-of-way may be required.
E. CONSTRUCTION IN MUCK OR CLAY
AREA~. When streets or &Heys are to be comtructed
in muck area,' the muck or peat shall be corttpletely
removed from the centerline (10) feet beyond the
edge of pavement on each side. When gumbo or
other plastic clays are' encountered, they shall be-
removed within the roadway area one foot below the
subgrade extending horizontally to the outside edge of
the shoulder area. The design of streets proposed in
excessive muck areas shall be considered on an
individual basis.
F. MATERIALS. Streets shall inclUde a
subgrade, base and wearing surface in accordance
with current-city standards. Local streets shall be
paved with one and one-half (1-1/2) inches of Type S-
II or s-rtl asphaltic concrete surface course placed in
two lifts on an acceptable base with a stabilized
subgrade producing a fifty (50) p.s.i. Florida bearing
value. All other streets of higher classification shall
be paved with one and three-quarters (1 3/4) inches of
Type S-II or S-HI asphaltic concrete surface course
placed in two lifts on an acceptable base with a
stabilized subgrade producing a seventy-five (75)
p.s.i. Florida bearing value. Accep_ table base material
shall bo limerock or approved local shell having a
twelve-inch compacted thickness or the equivalent of
sand asphalt plant mix meeting state standards. An
alternate of Type I asphaltic concrete one and one-half
(1-1/2) inches thick may b~ used on all streets of
higher classification.
O. ALTERNATE TYPES OF PAVEMENT,
BASE AND SUBGRADE. Alternate types of
pavement, base and subgrade which, in the opinion of
the director of development, are equal or superior to
those specified may be approved. AppliCation for
such approval shall be accompanied by written data,
calculations and analyses which show, by accepted
engineering principles, that the 'alternate types are
equal or superior to those specified.
1998 S-7
H. STABILIZED SHOULDERS. Stabilized
shoulders eight (8) feet wide shall be provided for
distress lanes unless paved lanes are provided. The
shoulder shall consist of a six-inch layer of soil
h~ving a minimum of fifty (50) p.s.i. Florida bearing
value for local streets and seventy-five (75) p.s.i, for
streets of higher classific~ion. Where sod is desired,
it shall be ins~led prior to acceptance of the
subdivision. As an alternative, six (6) inches of
stabilization ma), be lef~ four (4) inches below
finished grade. No time extensions will be granted
on the basis of incomple~ stabilized shoulders.
I. STREET GRADES. Street grades shall be
determined in relation to the drainage installations for
the subdivision. Street grades shall not exceed two
and one-half per cent (2-1/2~) unless adequate
protection for erosion is provided. Swale section
grades shall not be less than thirty hundredths per
cent (0.3 %) and guttered section grades shall not be
less than twenty hundredths per cent (0.2~) unless
otherwise approved by the director of development.
Road drainage shall be shown on development plans
by direction, per cent of fall and with a centerline
distance between control points.
$. SWALE AND SWALE GRADES. Swale
grades within the right-of-way shall comply with
current city standards including, but not limited to,
'the recreation and parks depa~u,ent policy and
procedure manual. Runoff may be accumulated and
carried in swales or guttered sections in the right-of-
way along streets in accordance with the maximum
flood lines shown in the current city standards,
Water in excess of these quantities shah not be
camed in the street swale or gutter but shall be
diverted into storm facilities.
K. STREET JOGS PROHIBITED. Local
street jogs with centerline offsets of less than one'
hundred twenty-five (125) feet are prohibited.
M. LOCAL STREETS. Local streets shall be
laid out so ~s to discourage through traffic.
N. RAILROADS ON OR ABUTTING SUBDI-
VISIONS. When a subdivision borders on or con-
rains a railroad fight-of-way, a street approximately
parallel to and on each side of such right-of-way may
be required so as to permit appropriate use of the
intervening land for park purposes in residential
· districts or for commercial or for industrial purposes
in appropriate districts.
O. HALF STREETS. Half or partial streets
are prohibited except where essential to the reasonable
subdivision of a tract in conformance with the
thoroughfare plan and these regulations. In addition,
satisfactory assurance for dedication of the remaining
part of the street must be provided. Whenever a tract
to be subdivided borders on an existing half or partial
street, the other part of the street may be required to
be dedicated and constructed within such tract. A
proposed subdivision that adjoins or includes an
existing street which does not conform to the rnini-
mum right-of-way requirements of these regulations
shall dedicate right-of-way along either one or both
sides of said street so that the minimum right-of-way
requirements of these regulations can be met.
P. THOROUGHFARE INTERSECTIONS.
Minimize the number of driveways and access roads
which intersect thoroughfares and design these
driveways and access roads to allow for signalization.
Q. STREET NAMES. Proposed streets which
are in alignment with other existing and named streets
shall beta' the same name as the existing street. All
other street names shall include a modifier such as
street, lane, avenue, boulevard, drive, place, court,
etc. and shall not duplicate or be phonetically similar
to existing street names regardless of the use of the
modifier.
L. MARGINAL ACCESS STREETS. Where
a subdivision abuts an arterial or higher classification
street and adjoining property owners desire access
other than at street connections, a marginal access
street shall be required from an intersection to the
edge of the subdivi.~ion.
R. ALIGNMENT, TANGENT,
DEFLECTION, RADII. Streets shall be laid out to
intersect as nearly as possible at right angles. Multiple
intersections involving the junction of more than two
(2) streets are prohibited. The point of curvature of
any local street shall not be closer than one hundred
(100) feet to any intersection. All intersections shall
1997 S-$
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Boy'ton Beach Code
be designed to provide adequate stopping and sight
distance in accordance with the current edition of
A.A.S.H.T.O. standards.
When the centerline of a local street
deflects by more than ten degrees (10°), it shail be
curved with a radius adequate to assure safe sight
distance and driver comfort. Property lines ~t street
intersections shah be a minimum of thirty- five (35)
feet long and street pavement radii shall be a
minimum of thirty (30) feet.
S. STREET MARKERS. One street marker as
prescribed by current city standards shall be provided
at each intersection eight (8) feet from the edge of
pavement on a radial line that bisects the intersection
radius curve.
T. SIDEWALKS. Sidewalks shall be four (4)
feet wide within local street rights-of-way and five
(5) feet wide within ail other street fights-of, way and
shall be constructed of 2500 p.s.i, concrete. Drive-
ways and commercial areas shall be.. six (6) inches
thick reinforced with' iix inch by six inch (6' x
ten-gauge wire mesh. In other areas, thickness may
be four (4) inches. The cross slope shall be one-
quarter (1/4) inch per foot. Sidewalks shall be placed
within the right-of-way one foot from the fight-of-
way line unless otherwise approved by the director of
development.
'U. COLLECTOR ROAD DEDICATION.
Collector roads within subdivisions shall be dedicated
as public streets.
V. LOT ACCESS. Individual lots shall have
access to an internal street SYstem.
Limited
collector
LIMITED ACCESS EASEMENTS.
access easements shall be provided along
and arterial roads.
X. CROSS ACCESS ROAD. Provide cross
access roads between commercial sites wherever
practical to minimize trips on nearby thoroughfares.
Y. ALTERATIONS TO MEDIAN STRIPS.
1. Whenever alterations of median strips
are deemed n~sary by the City Commission for the
promotion and protection of the health, safety and
general welfare of the community, the costs for such
alterations shall 'be borne by the developers or
property owners of such land development projects.
2. No building permit shall be issued for
the comtruction of any building, structure or other
development of property until the plans and
specifications for required median strip alterations has
been appwved by the Florida State Department of
Transportation and by the city's police chief, fire
chief and director of development, and until the
developers/property owners have submitted surety for
one hundred ten per cent (110%) of the cost of.
alterations as described in Chapter 7 .of the Land
Development Regulations.
(Ord. No. 96-56, § 7, 1-21-97; Ord. No. 97-25, § l,
?-1-97)
Sec. 11. Street llglmng.
Where street lighting is installed, it shall be
installed on all local and collector streets, at each
intersection, at the end of cul-de-sacs, and wherever,
in the opinion of the director of development, a dan-
serous condition is created. Between intersection,s,
streetlights may be engineered for security purposes
only. Streetlights shall be wired for underground
service except where aerial service is permitted by
Section 13 of this article.
Bicycle/pedestrian paths shall be eight (8) feet
wide. In driveway and commercial areas, the surface,
base and subgrade requirements of Article IV, Section
10, subsection F shall be met. In other areas, one
inch Type H asphaltic concrete on a four-inch thick
compacted base of locally approved lira, rock or shell
shall be used. When bicycle/pedestrian paths are not
located within road rights-of-way, the base shal!
extend six (6) inches from each side of the surface
and muck shall be completely removed below the
base. Three-quarter (3/4) inch thick Type I asphaltic
concrete may also be used. The cross slope shall be
one-quarter (1/4) inch per foot.
(Revised 4..26-95)
1998 S-7
Required Improvemen~
I1
13. Utilities.
Sec. 14. Utility inst~ation.
Utilities, including power and light, telephone,
telegraph, water, sewer, cable television, wiring to
streetlights and gas shall be installed underground.
This section shall apply to all cables, conduits._or
wires forming parts of an electrical distributions
system including service lines to individual properties
and main distribution feeder lines delivering power to
local distribution systems, except that it shall not
apply to wires, conduits or associated apparatus and
supporting structures whose exclusive function is
transmission or distribution of electrical energy
between subdivisions, generating stations, substatiOns
and transmission lines of ~ther utility systems, or
perimeter lines located adjacent to the subdivision.
Appurtenances such as transformer boxes, pedestal
mounted terminal boxes, meter cabinets, service
terminals, telephone splice closures, pedestal type.
telephone terminals or other similar ~on the grOUnd"
facilities normal!y_ used with and as a part of the
underground distributions system may be placed
above ground, but shall be located so .as not to
constitute a traffic hazard. Easements shall be
coordinated with requisite utility authorities and shall
be provided as prescribed by this ordinance for the
installation of underground utilities or relocating
existing facilities in conformance with the respective
utility authority's rules and regulations.
Underground utilities are not required in subdivisions
of less than twenty-one (21)lots. The director of
development may waive the requirement for
underground installation if the service to the adjacent
area is overhead and if it does not appear that further
development in adjacent areas with underground
utilities is possible. Any new service which is
allowed by the waiver herein to be supplied by
overhead utilities shall be connected to a service
panel that is convertible for underground utility
service at a future date. The developer shall make
necessary cost and other arrangements for such
underground installations with each of the persons,
firms or corporations furnishing utility service
involved. Utilities shall be constructed in easements
as prescribed by this ordinance.
After the subgrade for a street has been
completed, the remainder of the street right-of-way
has been graded and before any material is applied,
all underground work for the water mains, sanitary
sewers, storm sewers, cable television, gas mains,
telephone, electrical power conduits and
appurtenances and any other utility shall be installed
-completely through the width of the street to the
sidewalk area or provisions made so that the roadway
or right-of-way will not be disturbed for utility
installation. All underground improvements installed
for the purpose of future service connections shall be
properly capped and backfilled.
Sec. 15. Median strip~ and entranceways.
A. MEDIAN STRIPS. Median strips which are
part of a dedicated or deeded right-of-way may not be
utilized for any purpose other than by the city or a
public utility. If a developer desires to beautify a
median strip in a subdivision he may do so by placing
grass and shrubs of small root structure Within the
median strip under permit issued by the director of
development after submission and approval of
landscaping plans. In addition, adequate irrigation
systems shall be provided by the developer.
B. SUBDIVISION ENTRANCEWAYS.
Subdivision entranceways consisting of walls, fences,
gates, rock piles or the like are not permitted within
the median strip or other areas in a dedicated or
deeded right-of-way. Decorative entranceways must
be constructed upon plots of land adjacent to a right-
of-way in compliance with the zoning, building and
sign codes and must not constitute a traffic hazard.
A guardhouse located so as not to create a traffic
hazard may be constructed at the entrance to a
development having private streets.
Sec. 16. Fire hydrants.
Fire hydrants shall be no more than three
hundred (300) feet apart and the remotest part of any
structure shall be no more than two hundred (200)
1997 5-5
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Boynton Be~ch Code
feet from a hydrant. Connections shall be to mains
no less than six (6) inches in diameter. In addition to
domestic requirements at residual pressures of not
less than twenty (20) pounds per square inch, fire
flow of at least one thousand five hundred (1,500)
gallons per minute shall be provided as a minimum
standard.
Sec. 20. Nuisance abatement.
Appli ~cant shall describe in writing how blowing
sand, dust and other airborne matter will be
controlled during clearing, grading and filling and
until such time as permanent ground cover is
'- installed.
Exceptions: In one and two (2) story residential
subdivisions with not more than ten (10) dwelling
units per acre, fire hydrants may be spaced up to five
hundred (500) feet apart but not more than three
hundred (300) feet from the center of any lot in the
subdivision. The system shall-provide flow capacity
of at least five hundred (500) gallons per minute in
addition to maximum day domestic requirements at
specified residual pressures.
Sec. 17. Traffic control devices.
The design of traffic control devices shall be in
accordance with the manual for uniform traffic
control devices.
Sec. 18. Monuments.
. The design of permanent reference monuments,
"P.R.M.'S" and permanent control points,
"P.C.P.'5" shall be as prescribed by Chapter 177,
Florida Statutes, as amended. Where such
monuments occur within street pavement areas, they
shall be installed in a typical water valve cover, as
prescribed in the current city standards.
Sec. 19. Comm~.ial and industrial
subdivisions.
Commercial and industrial subdivisions shall
comply with all of the requirements of this ordinance,
except that all local streets shall be designed and
constructed according to the collector street typical
section contained in the current city standards.
ARTICLE V. CONSTRUCTION OF
REQUIRED IMPROVEMENTS
Sec. 1. Construction methods.
Construction methods shall be those prescribed
in the current 'Department of Transportation
Standard Specifications for Road and Bridge
Construction.'
Sec. 2. Admlni~ration of construction.
After issuance of a development order by the
directo~ of development, a developer may construct
the required improvements subject to obtaining all
required permits. The director of development shall
be notified in advance of the date of commencement
of such construction. Construction shall be performed
under the surveillance of, and shall at all times be
subject to review by, the director of development or
his designee; however, this in no way shall relieve the
developer and his Florida registered engineer of the
responsibility for administration, coordination and
final compliance with the approved plans,
specifications and all applicable rules, ordinances,
resolutions, laws, etc. The director of development
or his designee shall have the right to enter the
property during the progress of construction. The
developer's engineer shall submit construction
progress repons at points of progress prescribed by
the director of development as well as final
certification of completion of required improvements.
The developer's engineer shall coordinate joint
reviews of construction with the director of
development. The director of development or his
designee shall have the authority to stop work upon
failure of the developer or his engineer to administer
and/or coordinate the construction of the required
improvements as prescribed by this ordinance.
1997 S-5
Required Improvements
i3
Sec. 3. Measurements and tests.
The director of development may require, at his
discretion, tests and measurements which he deems
necessary.
Sec. 4.. Construction documents.
A. PREPARATION & SUBMITTAL OF
CONSTRUCTION DOCUMENTS. Upon approval
of the master plan by the TRC, the developer shall
submit to the director of development's office within
six (6) months eight (8) sets of signed and sealed
construction plans and six (6) sets of the plat along
with a nonreimbursable fee as adopted by resolution
of the City Commission payable to the City of
Boynton Beach. The subdivision of a large tract may
be developed in two (2) or more increments and the
developer may submit construction plans and a plat
for approval to develop the subdivision in increments.
The construction plans and. plat shall coincide with
the master plan or site plan as approved, and major
deviation desired by the developer must be approved
by the TRC by application from the developer and
resubmittal.
B. CONSTRUCTION PLANS.
1. Construction plans shall be submitted
for all the improvements required by this ordinance.
The plans shall be under separate cover for each of
the following when required:
a. Paving, grading and drainage
b. Bridges
c. Water and sewerage systems
d. Street lighting, landscaping
within public rights-of-way, park.s, recreational areas
and parking areas. Plans for street lights shall have
the approval of the requisite utility authorities
involved.
2. The plans shall be so complete that
from them a complete review and analysis can be
made without research of any outside data. The
plans shall consist of and contain, but shall not be
limited to:
a. A cover sheet, including a
vicinity sketch.
b. Plan showing complete details
including water, sewer and storm drainage systems,
c. In addition to a master storm
water managemem plan, complete calculations used to
design the storm water system.
of quantities.
Typical sections and summary
e. Construction details showing
compliance with city standards, or alternate design as
approved by the director of development.
f. Special profile sheets, if
necessary, showing special or unique situations.
g. Bench mark, based on
N.A.V.D. datum./
h. Soil analysis, showing the
locations and results of test borings of the subsurface
condition of the tract to be developed. Where
impervious soils are encountered, the plans shall
reflect a satisfactory design to cope with such
conditions. The director of development may require
additional design and construction as necessary to
assure proper drainage and development of the area.
i. The plans shall contain the
special conditions and specifications pertaining to the
subdivision in note form on the plans, such as:
(1) Required compliance with
this ordinance.
(2) Where applicable,
required compliance with state standards as currently
adopted and in use.
(3) Minimum standards for
materials.
1997 S-5
14
oo
Boynton Beach Code
(4) Test requirements for
stabilization, base and backfill.
sewer service.
(5) Source of water and
(6) Installationofsubsurface
construction such as waterlines, sewer lines, public
utilities and storm drainage prior to compaction of
subgrade and roadway construction.
(7) Plans and statements
which show and describe how blowing sand, dust and
other airborne particulates will be minimized.
3. Projects engineered by more than one
firm shall be coordinated by a single engineering
firm.
3. When the director of development rules
that the construction plans are not acceptable, the
developer and/or the developer's engineer will consult.
with the director of development to determine what
changes are required. When the director of
development approves the construction plans, he shall
so advise the developer's engineer and furnish a
written statement of technical compliance and surety
establishment. Upon receipt of technical compliance,
the developer's engineer shall submit six (6) sets of
construction lflans, includin/ copies of the health
department's final water and sewer permits, at the
time of submission of the final plat.
4. Technical compliance of the
construction plans shall not constitute acceptance of
the final plat; rather it shall be deemed a guide to the
preparation of the final plat.
4. A certified cost estimate shall be
prepared by the developer's engineer and shall
include the costof surveying, testing and all required
improvements.
C. APPROVAL OF CONSTRUCTION
PLANS. The director of development's office and
the TRC shall review the construction plans as to
their conformity with this ordinance and within
twenty (20) working days from the date of the
submittal of the plans, the director of development's
office shall inform the developer's engineer 'that the
plans as submitted do or do not meet the provisions
of this ordinance.
5. Technical compliance of the
construction plans and optional preliminary plat shall
not be construed as authority for filing the plat' with
the clerk of. the circuit court of Palm Beach County,
nor as authority for the sale of lots in reference
thereto.
6. Building permits shall not be issued for
any permanent structure on a lot wherein the final
plat has not been recorded in the manner prescribed,
unless the recording of the plat is not required by
Chapter 5 of these Land Development Regulations.
(Ord. No. 96-56, § 8, 1-21-97)
1. When the director of development's
office finds that the construction plans as submitted
do not meet the provisions of this ordinance, the
director of development shall advise the developer's
engineer in writing and reference shall be made to the
specific article, section and paragraph with which the
plans and plat do not comply. Upon such findings,
the devcloper's engineer shall make the corrections or
revisions as defined in the wriuen statement and shall
resubmit the construction plans.
2. When the director of development's
office and the TRC determine that the construction
plans meet the provisions of this ordinance, the
director of development will so advise the developer.
Sec. S, Certificate of completion.
In order to obtain final approval of required
improvements from the director of development, the
developer shall submit the following documents:
A. ENGINEERS CERTIFICATION. The
developer's engineer shall certify in writing that the
required improvements were installed under his
responsible direction; that improvements conform
with approved construction plans and all laws,
regulations, codes, etc. including, but not limited to,
this chapter; and that the required improvements have
been completed.
1997 S-5
Required Improvements lls
B. AS-BUILT DRAWINGS. One complete set
of construction plans on a high quality time stable
reproducible material showing the original design as
compared to the actual finished work.
C. TESTS AND REPORTS. One complete set
of all measurements, tests and reports n~te
concerning work and materials during construction of
the required improvements.
Sec. 6. Time extensions.
All required improvements shall be completed
within twenty, one (21) months of the date of issuance
of the land development order. Time extensions may
be considered by the City Commission upon
recommendation by the director of development after
the developer presents a written request for extension
to the office of the director of development. No time
extension shall exceed one year.
Sec. 7. Obtaining Certificates of Occupancy.
No Certiftcates of Occupancy will be issued for
buildings in the platted subdivision until all required
improvements are completed and accepted by the
City, except that a developer may, at his option, post
additional 110% surety in compliance with Chapter 7
for work which may be more prudently put in place
subsequent to building construction such as sidewalks
and landscaping. Certificates of Occupancy will not
be issued for the final ten (10) percent of the
buildings until such work is accepted by the city as
completed.
(Ord. No. 96-56, § 9, 1-21-97)
ARTICLE VI. ACCEPTANCE AND
MAINTENANCE OF REQUIRED
IMPROVEMENTS
Sec. 1. Workmanship and material agreement.
The developer shall execute and deliver to the
city a cash bond or other acceptable surety in an
amount determined by the director of development
guaranteeing the required improvements against defect
in workmanship and material for one (1) year after
acceptance of such improvements by the City
Commission. Surety shall be as specified in Chapter
7 and shall be delivered to the city contemporaneously
with delivery of the certificate of completion.
Sec. 2. Acceptance of dedication and
maintenance of improvements.
The dedication of public space, parks, rights, of-
way, easements or the like on the plat shall not
constitute an acceptance of the dedication by the city.
The acceptance of the dedication shall be indicated by
a resolution of the City Commission adopted when all
improvements meet or exceed the standards set forth
by this ordinance. The director of development, upon
satisfactory completion of all improvements,
shall notify the City Commission that the developer
has complied with all of the provisions of this
ordinance and shall recommend acceptance of the
dedications and, when applicable, the maintenance of
the required improvements. Upon such
recommendations the City Commission, by resolution,
shall approve the subdivision, the dedications on the
plat and the maintenance responsibilities of the
required improvements.
Sec. 3. City completion of required
improvements.
When a plat has been recorded and the developer
fails to complete the improvements required by this
ordinance, the City Commission may, at it's option,
complete the publicly owned and maintained
improvements or restore the site to its original
condition under the guarantees provided by the
developer. In such case, the City Commission shall
direct the director of development to call upon the
guarantees as outlined in Chapter 7, Article I, Section
2, paragraph D.
(Ord. No. 96-56, § 10, 1-21-97)
1997 S-5
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Boynton Beach Code
ARTICLE VH. SUBDMSIONS
CONTAINING/ADJOINING WATERFRONT
PROPERTY
Sec. 1. General design.
When a developer designs a subdivision
containing/adjoining waterfront' property either
existing or proposed such as canals, water courses,
lakes, streams, drainage ways or channels, such
subdivision shall comply and conform to the
requirements of this article and this chapter.
Sec. 2. Easements or rights-of-way.
Provide storm water easement or a drainage
right-of-way conforming substantially with the lines
of watercourse and of such further width or
construction or both as will be adequate for the
purpose.. Additional right-of-way may be required
where necessary for maintenance, safety and
convenience.
Sec. 3. Design.
Where canals, watercourses, lakes, strearo, s,
drainage ways or channels are adjacent to or exist
upon the property to be subdivided, they shall retain
natural characteristics or design and protect
waterways so as to not present a hazard to life and
safety. Access waterways proposed in conjunction
with a subdivision shall have a minimum water depth
of six (6) feet for a continuous bottom width of
twenty (20) feet. Where seawalls, bulkheads or
retaining walls are not required, the design shall
incorporate a minimum of a four to one (4: l) slope
from existing ground to a depth of six (6) feet.
Sec. 4. Construction and l~rmitting.
A. PLANS. No person, firm, corporation, or
any other association shall alter, reroute, deepen,
widen, change, or construct any waterway without
first submitting construction plans and an application
for such work to the director of development for a
dredge, fill or excavation permit. Prior to the
issuance of such a permit, the plans shall be approved
by the director of the department of development.
B. AGENCY APPROVALS. Where the
dredge, fill, or excavation affects public property or
sovereign land, the construction plans shall, prior to
issuance of permit, be approved by the governing
agencies having control over public property or
sovereign lands such as the South Florida Water
Management District, Trustees of Internal
Improvement .Fund, Corps of Engineers, Department
of Environmental Protection, Lake Worth Drainage
District, or any other public agency having
jurisdiction in such matters.
C. DEDICATION OF RIGHTS-OF-WAY.
Prior to the construction or alteration of watercourses
as prescribed in paragraphs A and B of this section,
right-of-way required for such work must be
appropriately dedicated. Where such construction or
alteration affects a governmental agency, the
dedication, deed or easement shall be to such agency.
Sec. S. Seawalls, bulkheads, docks and piers.
Prior to construction of any seawall, bulkhead,
dock or pier a construction permit shall be obtained
from the City of Boynton Beach Development
Department.
Sec. 6. Dedication.
A. DRAINAGE EASEMENTS. Where, in the
opinion of the director of development, public fights
for drainage purposes are necessary, an easement
shall be dedicated to the city.
B. WATERWAYS. Waterways except for
public drainage easements shall be dedicated to a
property owners' association or reserved for the use
of the residents of a subdivision when the subdivision
is developed as a condominium or cooperative
development as defined by Florida Law. In lieu of
the foregoing, waterways may be dedicated to a
legally constituted drainage district.
1997 S-5
Requir~t Improvements
C. MAINTENANCE. Perpetual maintenance
of rights-of-way or easements for canals,
watercourses, lakes, streams, channels or other water
management areas shall be dedicated to a property
owners' association unless the right-of-way or
easement is public. In those cases maintenance may
be dedicated to the city for the limited purpose of
providing minimum drainage as determined by the
director of development.
17
Sec. 7. Exceptions.
This article shall not apply either t~o drainage
easements containing subsurface' drainage systems or
to the operation or activities of a governmental water
control district.
1997 S-5
Boynton Beach Code
Chapter 7.5
i~IVI'RO~AL REGULATION
Art. I. Tree Preservation
Art. II. Landscape Code
Art. m. Central Business District Landscape
Code · -
Art. IV. Environmentally Sensitive Lands
ARTICt.~. I. TREE PRESERVATION
Sec. 1. Short rifle.
This article shall be known and may be cited as
the "City Tree Preservation Ordinance."
The purposes of this article are to establish rules
and regulations governing the protection of trees and
vegetative cover within the limits of the City of
Boynton Beach, to encourage the proliferation of
trees and vegetation within the city as well as their
replacement, in recognition of their importance and
their meaningful contribution to energy conservation
.and management, to a healthy, beautiful and safer
'community attributable to their carbon dioxide
absorption, oxygen production, dust filtration, wind
and noise reduction, soil erosion prevention, beach
erosion protection, surfac~ drainage improvemem,
beautification and aesthetic enhancement of improved
and vacant lands, and the general promotion of the
health, safety, welfare and well being of the
community.
Sec. 3. De£mitiom.
A. Buildable area: "Buildable area" shall be
defined to mean that portion of a building site
exclusive of the required yard areas on which a
structure or building improvements may be erected.
B. City inspector: The city forester or any
person designated by the city manager to enforce the
provisions of this article.
C. Drip line: A vertical line running through
the outermost port of the crown of a tree and
extending to the ground, provided, however, that the
same shall not be less than a ten-foot diameter circle
which is drawn from the center line of the trunk of a
tree.
D. Mangrove trees: A "mangrove tree" is any
plant belonging to any of the following species of
mangroves: Rhizophora mangle, the red mangrove;
Laguncularia raeemosa, the white mangrove, and
Avicennia nitida, the black mangrOVe.
E. Removal: ,Removal of trees" also includes
any intentional or negligent act which will cause a
tree to decline and die within a period of three (3)
years including, but not limited to, such damage
inflicted upon the root system of a' tree by the
operation of heavy machinery; the change of the
natural grade above 'the root system of a tree or
around the trunk of a tree; and damage from injury or
from fire inflicted on trees which results in or permits
infections or pest infestations.
F. Shrub: "Shrub" shall mean a bushy, woody
plant, usually with several permanent stems, and
usually not over ten (10) feet high at its maturity.
G. Specimen tree: A "specimen tree" shall
mean a tree which has been determined by the
judgment of the city inspector to be of high value
because of its type, size, age or other professional
criteria, and has been so designated and that
designation has been officially made and promulgated
as pan of the official records of the City of Boynton
Beach.
H. Tree: Any self-supporting woody perennial
plant which has a trunk diameter of two (2) inches or
more when measured at a point four and one-half (4
1/2) feet above ground level and which normally
attains an overall height of at least ten (10) feet at
maturity usually with one main stem or trunk and
many branches. It may appear to have several stems
or trunks as in several varieties of oak. All mangrove
Boynton Beach Code
trees shall be included hereunder, which are four (4)
feet or more in height.
I. Yard area: "Yard area' shall mean the
front, side and rear yard areas as established and
required under the comprehensive zoning code and
the zoning district requirements as applicable thereto.
Sec. 4. Application of artide provisions.
The terms and provisions of this article shall
apply to real property as follows:
A. All real property upon which specimen trees
are located which trees have been designated as such
under the provisions of this article.
B. All vacant and undeveloped property.
C. All property in all zoning classifications that
is intended to be redeveloped.
D. The yard areas of all developed property
except that property which is developed with single-
family or two-family dwelling units, provided the
trees designated as specimen trees are not involved.
'Developed" as used in this section shall mean those
parcels of land within approved subdivisions which
contain roads and utilities.
Sec. S. Permit required.
A. Tree permits. No person, organization,
society, association or corporation, or any agent or
representative thereof, directly or indirectly, shall cut
down, destroy, remove or move, or effectively
destroy through damaging, any tree as del'reed by this
article, situated on a property described above
without first obtaining a tree permit.
B. Land-cleating, removing or filling permits.
No person, organization, society, association or
corporation, or any agent or representative thereof,
directly or indirectly, shall engage in land-clearing,
land-removing or land-filling activities in the City of
Boynton Beach, or use, operate, propel or maintain
in use any bulldozer, pay loader, front end loader,
back hoe, drag line, power shovel, road grader,
dump track, dredge, sand pumping machine, pump
line, fill spreader or other heavy duty land-clearing,
land-removing or land-filling equipment without first
obtaining a permit.
Sec. 6. Application for permit.
All permits required under Section 5' shall be
obtained by making application for the permit to the
development dePartment. The application shall be
accompanied by a written statement specifying the
location of the property and the expected land use and
indicating the reasons for removal, relocation or
replacement of trees thereon. Said application shall
be accompanied by four (4) copies of a legible site
plan drawn to a minimum scale of one inch equals
twenty (20) feet unless, in the discretion of the city
inspector, it has been determined that a lesser detailed
scale site plan of the area involved, either in whole or
in part, will be sufficient for the purposes of this
article in which case an appropriate substitution shall
be acceptable. Aerial photographs having a minimum
scale of one inch equals fi~ (50) feet may also be
submitted for consideration of the city inspector as
such an acceptable substitute for a site plan.
Sec. 7. Site plan information.
Site plans submitted in connection with
applications for permits for the removal, relocation or.
replacement of trees shall include the following
information and details which, shall be summarized in
license form on the plan:
A. Location of all existing or proposed
structures, improvements and site uses, property
dimensioned and referenced property lines, setback
and yard requirements and spatial relationships.
B. Existing and proposed site elevatiOns, grades
and major contours.
C. Location of existing or proposed utility
services.
D. The common and botanical names, sizes and
location of ail trees or shrubs on the site, designating
the trees, shrubs or natural vegetative cover which are
Environmental Regulation
respectively to be retained, removed, relocated or
replaced. Groups of trees in close proximity may be
designated as "clumps" of trees with the predominate
type; estimated number and average diameter noted.
Sec. 8. Alternate site plan information.
In- the event that there are no trees, shrubs or
vegetative cover located on the site to be developed
which are required to be protected under the
provisions of this article, the applicant shall so state
in his application for permit hereunder. If such
statement is substantiated by a field inspection of. the
site by the' city inspector, the applicant shall be
relieved of the necessity of supplying unnecessary or
unimportant information.
Sec. 9. Pre-application inspection service.
In connection with the applications under the
alternate site plan procedure and in connection with
applications involving large tracts of property, the
city inspector shall make his services available for
pre-application inspections of the sites involved.
Sec. 10. Application processing and review.
Sec. 12. Special conditions for issuance of permits
for removal.
No permit shall be issued for the removal of
trees, shrubs or vegetative cover unless one of the
following conditions exists:
A. The tree is located in the buildable area of
yard area where a structure or improvements may be
placed and it unreasonably restricts the permitted use
of the property and such tree cannot reasonably be
relocated elsewhere on the property.
B. The-tree cannot be relocated on or off. the
site because of the age, type or size of the tree.
C. The tree is diseased, injured, in danger of
falling, too close to existing or proposed structures,
interferes with 'existing utility service, creates unsafe
vision clearance, or conflicts with other ordinances or
'regulations.
D. Where tree removal is consistent with an
approved subdivision plat or site plan.
E. It is in the welfare of the general public that
the tree be removed for a reason other than set forth
above.
Upon receipt of a proper application pursuant to
this article together with payment of a fee required
thereon, the development department shall promptly
review the same and shall forward said application to
the appropriate city departments for their detailed
examination review and report.
Sec. II. lss-n~ce of permits.
If the building inspector, based upon the
recommendations and findings of the city
depa~tf,~ents, is satisfied that the work of removing,
relocating or replacing trees, shrubs or natural
vegetative cover, described in the application for
permit and the drawings filed therewith conform to
the requirements of this article and the other laws and
ordinances applicable, he shall issue a permit therefor
to the applicant.
Sec. 13. Special conditions for iss,,~,,,ce of permits
for relocation or replacement.
Pursuant to an application for a ~permit to
relocate trees which interfere with the buitdable area
of the site to an alternate location on the property or
as a condition to the granting of a removal permit
hereunder, the applicant may be permitted, where
practical, to relocate the tree being removed to an
appropriate new location on the site. Similarly, an
applicant may be permitted to replace a tree being
removed with another tree to be located elsewhere on
the site. All replacement trees shall be of a type that
will attain an overall height at maturity of at Ieast
fifteen (15) feet and a trunk diameter at maturity of at
least three (3) inches, measured four and one-half (4
1/2 feet above grade, and shall be a minimum of ten
(10) feet in overall height when planted.
4
Boynton Beach Code
Sec. 14. Tree removal or relOCation permit fee.
Permits for removal, relocation or replacement
of trees pursuant to the regulations and controls
provided under the
city tree preservation ordinance are hereby
established in accordance with the followin~
schedule:
A. Three dollars ($3.00) per lot for each lot
contained in the legal description of the property, or
five dollars ($5.00) per acre, whichever is larger.
B. Minimum fee to be ten dollars ($10;00) per
application.
Sec. IS. Tree protection.
procedures (reference "Tree Protection Manual for
Builders and Developers,' issued by the State of
Florida, Division of Forestry, on file with the city
clerk), and all such plantings shall b~ reasonably
maintained and attended to promote successful
establishment thereof.
Sec. ISA.
Hazardous trees exempt from written
In the event that any tree shall be determined to
be in a hazardous or dangerous condition so as to
endanger the public health, welfare or safety, and
requires immediate removal without delay, verbal
authorization may be given by the development
department and the trees removed without obtaining
a written permit as herein required.
A. During the land clearing and construction
stage of development, the developer shall erect and
maintain protective barriers (to city inspector's
specifications consistent with good management
practices) around all trees or groups of trees to be
protected. The developer shall not allow the
movement of equipment or the storage of equipment,
materials, debris or fill to be placed within the
protective barrier.
B. During the construction stage of
development, the developer shall not allow the
cleaning of equipment or material within the drip line
of any tree or groups of trees to be protected.
Neither shall the developer allow the disposal of
waste materials such as paint, oil solvents, asphalt,
concrete, mortar and so on within the drip line of any
tree or groups of trees.
C. No attachments or wires other than those of
a protective nature shall be attached to any tree;
D. During the land clearing and construction
stage of development, the director of the development
deparunent or his assigned officer, shall periodically
inspect the site to insure compliance with the
provisions of this article.
E. Tree location and replacement activity
permitted or required under this article shall be done
in accordance with standard forestry practices and
Sec. 16. Exceptions due to emergencies.
During the period of an emergency such as a
hurricane, tropical storm, flood or any other Act of
God, th~ requirements of this article may be waived
by the development deparunent.
Sec. 17. Exemptions to nurseries, tree farms.
All licensed plant or tree nurseries or tree farms
shall be exempt from the terms and provisions of this
article only in relation to those trees planted and
growing on the premises of said licensee, which are
so planted and growing for the sale or intended sale
to the general public in the ordinary course of said
licensee's business.
Sec. 18. Exemptions for betterment
Applicants for permits shall be entitled to
demonstrate by means of a proper landscape plan that
an improvement or betterment of the environment can
be accomplished over the existing site conditions, if
such landscape plan is carried out to its fullest. If
such a detailed landscape plan is so offered and is
accepted by the city, the applicant shall/um'antee by
adequate bond or other city-approved surety the
F~vironmental Re~htion
faithful adherence and cOmpletion of such landscape
plan. The surety shall:
A. Run to the City Commission.
B. Be in a form satisfactory and acceptable to
the city manager.
C. Specify the time for completion of the
requirements as determined by the city manager.
Sec. 18.1. Exemptions for public utilities.
All public utilities may,remove without permit,
trees which endanger public safety and welfare, or
which interfere with utility services which are located
within utility easements and public fights-of-ways.
Sec. 19. Removal of certain trees; conditions;
restoration of area; penalty for violation.
two (2) acres in size a permit is required to remove
the exotic species listed in subsection (A).
Applications for permit shall be made to the
development department. The permit information
required of the applicant shall be of such form and
design as set forth by the city forester/
environmentalist. The permit application fee shall be
thirty-five dollars ($35.00). The city
forester/environmentalist shall review such permit
applications and inspect the site to determine the
location of exotics on the site and that the extent and
removal method proposed is appropriate.
C. Seeding and mulching. If no other building
construction is to occur on the site, after the removal
of the exotic species as approved, if the area cleared
is not adequately covered with grasses within thirty
(30) days, the disturbed areas shall be seeded and
mulched. The seed and mulch shall be inspected by
the city forester to ensure adequate ground coverage
and repeated applications may be required until
satisfactorY coverage is obtained.
A. Removal. The following trees may be
removed subject to the conditions hereinafter set
forth:
1. Schinus herebenthin folus (Brazilian
Pepper/Florida Holly Tree);
D. Penalty for violation. Any person, firm or
corporation convicted in a court of competent
jurisdiction of a violation of this section shall be
guilty of a misdemeanor of the second degree,
punishable by a fine and/or incarceration as provided
by law.
2. Melaleuca leucadendron (Melaleuca);
3. Casuarina Spec (Australian Pine);
4. Acacia auriculiformis (EarleafAcacia);
5. Palm Beach County's "prohibited plant
species" list and "invasive non-native plant" listings.
B. Conditions for removal:
1. If the parcel of property is under two
(2) acres in size, no permit or review by the city is
required to remove the exotic tree species listed in
subsection (A). A courtesy inspection and
identification of exotic species may be performed by
staff, at no cost to the property owner, upon request
of the property owner.
2. If the parcel of property is in excess of
Sec. 20. Disposal of diseased trees.
Trees which are found to be diseased by the city
inspector, and to be in danger of contaminating other
trees or of spreading such tree infection or disease,
shall be removed and disposed of, if necessary,
without undue delay and on an emergency basis, as
the circumstances may require. The lethal yellowing
of coconut disease shall be considered such an
emergency type of tree infection or disease.
Sec. 21. Designation of specimen trees.
The city forester may by written request to the
city manager recommend from time to time the
establishment of official designation certain trees
located within the City of Boynton Beach as
specimen trees. Upon receipt of such a written
6
Boymon Beach Code
recommendation, the city manager shall review same
and add thereto his own comments and
recommendations. If the city manager approves such
recommendation, the matter shall be presented to the
City Commission for their determination. The City
Commission shall notify by certified mail the affected
property owner of the proposed hearing and conduct
a public hearing to consider the report of the city
forester and the recommendation of the city manager
and shall either accept, modify or deny same and
shall designate by resolution those trees it deems
appropriate as specimen trees.
Sec. 22. Natural growth to be preserved.
Every effort shall be put forth on all
undeveloped property to retain particular area of
natural vegetative cover that is determined by the city
inspector to be a fragile ecosystem, unique, valuable
or nearly extinct in our area, 'unless it would unduly
restrict the use of surrounding property or create a
condition of undue hardship on said owner.
development and construction thereon, should be
consistent with maximum possible conservation of
mangrove wetlands.
Sec. 24. Procedures of cry Inspector to be
followed.
· All necessary procedures outlined by the city
inspector shall be followed in instances where the
grade site is to be raised or lowered around an
existing plant, where ditching for utilities,
foundations, swimming pools, driveways or the like
will severely cut root systems, or where large paved'
areas will delete the water supply' and aeration
necessary for the life of the tree or shrub, or where
a change in the grade or drainage of development will
seriously harm natural areas to be retained. In
making this determination of the necessary procedure,
the city inspector shall use the 'Tree Protection
Manual for Builders and Developers" to determine
what is reasonable under the circumstances.
Sec; 23. Natural vegetative cover on beach dunes.
The natural vegetative cover on beach dunes
shill be preserved in an undisturbed state of grouah
as a fragile ecosystem. Such beach dune vegetation,
grass, sea grape and tree development shall be
altered, removed or changed only in accordance with
the requirements of this article except as to nature
trails, walks or pathways which may cross over
Same.
Sec. 2~. Public lands,
No tree shall be removed from any city lands,
public park or any areas of the Public fight-of-way
except in accordance with the provisions of this
article.
Sec. 26. Reserved.
Sec. 26.1. Reserved.
Sec. 23.1. Preservation of mangrove areas.
Well-documented scientific research has
established that mangrove areas are the ecological
base of the biological food chain for many important
species, including some species of fish which are
important for sport and commercial fishing.
Mangrove trees also provide a habitat and shelter for
birds and other organisms and are possessed of
considerable aesthetic value as well as providing for
a storm surge barrier. For these reasons, land
Sec. 27. Penalty.
A. Any person or organization, society,
association or corporation, or any agent or
representative thereof, violating the provisions of any
section of this article shall, upon conviction, receive
a fine of up to five hundred dollars ($500.00) and/or
sixty (60) days in the county jail. The removal of
each tree shall constitute a separate offense under this
article.
1997 S-5
Environm~n~ Regulation
B. Any person who violates the provisions of
this article shall be deemed guilty of a misdemeanor
and the conviction thereof shall be grounds for the
revocation or suspension of any permit granted for
the construction or remodeling of any building or
structure on the site so involved.
C. No building perrmt or certificate of
occupancy shall be issued for any improvements upon
a property where the provisions of this article have
not been complied with.
7
Sec. 3. Constructfon of language and del'tuitions,
A. Rules for construction of language. The
following rules of construction shall apply to the text
of this article.
1. The paflicular shall control the general.
2. In case of any differences of meaning
or implication between the text of this code and any
caption, 'illustration, summary table or illustrative
table, the text shall control.
Secs. 28--30. Reserved.
3. 'The word "shall" is always mandatory
and not discretionary. The'word "may" is
permissive.
ARTICLE II. LANDSCAPE CODE
Sec. 1. Short title.
This article shall be known and may be cited as
the "Boynton Beach Landscape Code."
4. Words used in the presem tense shall
include the future; and words used in the singular
number shall include the plural, and the plural the
singular, unless the context clearly indicates the
contrary.
5. A "building" or "structure" includes
any part thereof.
Sec. 2. Declaration of purpose and intent.
It is the purpose and intent of this article to
· improve the appearance of certain setback and yard
areas including off-street vehicular parking and open-
lot sales and service areas in Boynton Beach; to
protect and preserve the appearance, character and
value of the surrounding neighborhoods and to
preserve energy and thereby promote the general
welfare by providing for installation and maintenance
of landscaping for screening and elimination of visual
pollution, and where possible that the landscaping to
be provided as a result of this article be constructed
in a manner which will reduce the demand for energy
currently and in the future, since the City
Commission finds that the peculiar characteristics and
qualities of Boynton Beach justify regulations to
perpetuate the appeal of its natural visual pollution
free environment.
6. The phrase "used for" includes
"arranged for," "designed for," "maintained for" or
"occupied for."
7. The word "person" includes an
individual, a corporation, a partnership, an
incorporated association, or any other similar entity.
8. Unless the comext clearly indicates the
contrary, where a regulation involves two (2) or more
items, conditions, provisions or events connected by
the conjunction "and", "or," or "either...or," the
conjunction shall be interpreted as follows:
a. "And" indicates that all the
connected items, conditions, provisions or events shall
apply,
b. "Or" indicates that the
connected items, conditions, provisions or events shall
apply.
1997 5-5
Boynton Bea~ Code
c. "£ither...or" indicates that the
connected items, conditions, provisions or events
shall apply singularly but not in combination.
9. The word "includes" shall not limit the
term to the specified examples, but is intended to
extend its meaning to all other inst~ces or
circumstances of like kind or character.
B. Defirfitions.. For purposes of this code, in
addition to the following terms or words, the
definitions provided for in the zoning code of the
City of Boynton Beach, Florida shall applY.
1. "Board": Board shall mean the
planning and development board of the City of
Boynton Beach.
2. "Landscaping": Any of the following
or combination thereof: Materials such as, but not
limited to, grass, ground covers, shrubs, vines,
hedges, trees or palms, and other material such as
rocks, pebbles, sand, walls or fences, and decorative
paving materials approved by the development
department and the planning and development board.
3. "Landscape screen or barrier": Such
screen shall be planted and maintained to form a
continuous screen of plant material within a
ma~.imum of three (3) years after time of planting.
The screen or barrier may be either sheared or
natural, symmetrical or asymmetrical arid shall be at
least four (4) feet in height but not higher than six (6)
feet. Walls or fences, used as landscape screens or
barriers shall be constructed in accordance with the
requirements of the Boynton Beach Building Code
and landscaped in accordance with the requirements
set forth herein.
4. "Encroachment": Encroachment is any
protrusion of a vehicle outside of a parking space,
display area or accessway into the landscaped area.
There shall be no encroachment over or into any
landscaped area. Wheel stops and/or cuts shall be
placed at least two (2) feet from the edge of such
landscaped area as well as two (2) feet from any
preserved or planted tree. Where a wheel stop or
curb is utilized, the paved area between the curb and
the end of the parking space may be omitted,
providing it is landscaped in addition to the required
landscaping as provided herein.
$. "Trees": Any self-supporting woody
perennial plant which has a trunk diameter of two (2)
inches or more when measured at a point four and
one-half (4 I/2) feet above ground level and which
normally attains an overall height of a lea~t ten (10)
feet at maturity usuafly with one main stem or trunk
and many branches. It may appear to have several
stems or trunks as in several varieties of oak. Ali
mangrove trees shall be included hereunder, which
are four (4) feet or'more in height.
6. "Shrubs": Shrub shall mean a bushy,
woody plant, usually with several permanent stems,
and usually not over ten (10) feet high at its maturity.
7. "Vines": Plants which normally
require support to reach mature form.
Landscaping requirements for certain
yard areas and off. street parking and
other vehicular use areas.
All areas used for a display or parking of any
and all types of vehicles, boats or construction
equipment, whether such vehicles, boats or equipment
are self-propelled or not, and all land upon which
vehicles traverse the property as a function of the
primary use, hereinafter referred to an "other
vehicular uses," including but not limited to activities
of a drive-in nature such as filling stations, grocery
and dairy stores, bartks, restaurants, new and used car
lots, multifamily and cluster housing, and the like,
shall conform to the minimum landscaping
requirements provided herein, except areas used for
parking or other vehicular uses Under, on, or within
buildings, and parking areas serving single-family
dwellings since such residential areas are normally
voluntarily landscaped.
Sec. 5. Particular requirements.
A. Installation. All landscaping shall be
installed in a sound workmanlike manner and
according to accepted good planting procedures with
1997 S-5
Environmental Regulation
the quality of plant materialsas hereinafter described.
(All elements of landscaping shall be installed so as
to meet all other applicable ordinances and code
requirements). Landscaped areas shall require
protection from vehicular encroachment. An
inspector from the city development dcpamnent shall
inspect all landscaping and no certificates of
occupancy and use or similar authorization will be
issued unless the landscaping meets the requirements
provided herein.
B. Maintenance. The owner, or his agent,
shall be responsible for the maintenance of all
landscaping which shall be maintained in good
condition so as to present a healthy, neat and orderly
appearance and shall be kept free from refuse and
debris. All landscaped areas shall be provided with
an automatic irrigation water supply system.
Exception: Irrigation is not required for areas fully
xeriscaped and approved by the City urban forester.
C. Plant material.
1. Quality. Plant materials used in
conformance with provisions of this ankle shall
conform to the Standards for Florida No. 1 or better
as given in "Grades and Standards for Nursery
Plants" Pan I, 1963 and Pan II, State of Florida,
Department of Agriculture, Tallahassee, or equal
thereto. Grass sod shall be clean and reasonably free
· of weeds and noxious pests or diseases. Grass seed
shall be delivered to the job site in bags with Florida
Department of Agriculture tags attached indicating
the seed growers compliance with the agricultural
department's qualit~ control program.
2, Trees: general requirements. Trees
shall be species having an average mature spread of
crown in Boynton Beach of greater than fifteen (15)
feet and having trunk(s) which can be maintained in
a clean condition over five (5) feet of clear wood.
Trees having an average'mature spread of crown less
than fifteen 05) feet may be substituted by grouping
the same so as to create the equivalent of a fifteen-
foot crown spread. Palms shall be considered trees
and exempt from the fifteen-foot crown spread
criterion. Tree species shall be a minimum of eight
(8) feet overall height immediately after planting.
Trees (see list below) with roots known to cause
damage to public roadways or other public work~
shall not be planted closer than twelve (12) feet to
such public improvements, unless the tree root system
is completely contained within a barrier for which the
minimum interior dimensions shall be five (5) feet
square or an equivalent and five (5) feet deep, and for
which the construction requirements shall be four (4)
inch thick concrete reinforced with No. 6 road mesh
(6x6×6) or an equivalent approved by the
development department.
Nuisance trees (Root system problems):
Fichus Altissima - Lofty Fig;
Fichus Aurea - Florida Strangler Fig;
Fichus Benjamina - Benjamin Fig;
Fichus Nitida - Indialaurel Fig;
Fichus Elastica - Indiarubber Fig.
Further, the following exotic
(normative) tree species shall not be planted as pan of
any proposed landscape plan. Deemed as "invader
species" in South Florida and the reasons to prohibit
them include: Shallow roots which make .them
susceptible to wind damage (hurricanes); that' they
grow in dense stands crowding out native vegetation;
they create monoculture-(single tree species) that
exclude most wildlife; they have poor quality wood of
no commercial value; can cause serious health
problems to allergic individuals, and they are prolific
propagators that encroach into native vegetative areas.
Those trees declared to be exotic and normative are:
All of the Casuarina Species;
Brazilian Pepper (Florida Holly);
Schenius lerebinthifolius Melaleuca
(Punk Tree);
Melaleuca quinquenervia.
3. Shrubs and hedges. Shrubs and hedges
shall be a minimum of eighteen (18) inches in height
and two (2) feet on the center when measured
immediately after planting. Hedges, where required,
shall be planted and maintained so as to form a
continuous, unbroken, solid, visual screen within a
maximum of one year after time of planting.
4. Vines. Vines shall be a minimum of
two (2) feet in height immediately after planting and
1997 S-5
l0
Boynton Beach Code
may be used in conjunction with fences, screens or
walls to meet physical barrier requirements as
specified and be a minimum of five (5) feet on the
center.
5; Ground cover. Ground covers, either
vegetative or nonliving, used in whole or part shall
present a finished appearance and reasonably
complete coverage within three (3) months after
planting. However, when slow maturing ground
covers are used, they shall be mulched.
6. Lawn grass. Grass areas shall be
planted in species normally grown as permanent
lawns in Boynton Beach. Grass areas may be
sodded, plugged, sprigged or seeded except that solid
sod or other acceptable erosion control measures shall
be used in swales or other areas subject to erosion.
In areas where other than solid sod or grass seed in
used between the months of October and March,
nursegrass seed shall be sown for'immediate effect
and protection until coverage is otherwise achieved.
.D. Required landscaping adjacent to public
rights-of-way. On the side of a building or open lot
use providing an off-street parking area or other
vehicular use area, where such area will not be
ant!rely screened visually by an intervening building
or'structure from any abutting right-of-way,
excluding dedicated alleys to the rear of building,
there shall be provided landscaping between such area
and such right, of-way as follows:
1. A strip of land at least five (5) feet in
width located between the abutting right-of-way and
the off-street parking area or other vehicular use area
which is exposed to an abutting right-of-way shall be
landscaped, such landscaping is to include a
minimum of one tree for each forty (40) lineal feet or
fraction thereof. Such trees shall be located between
the abutting right-of-way and off-street parking area
or other vehicular use area and shall be planted in a
planting area of at least twenty-five (25) square feet
with a dimension of at least five (5) feet. In addition,
a hedge, wall, or other durable landscape barrier of
at least three (3) feet in height shall be placed along
only the interior perimeter of such landscaped strip.
If such durable barrier is of nonliving material, for
each ten (10) feet thereof, one shrub or vine shall be
planted abutting such barrier along the street side of
such barrier. The remainder of the required
landscaped areas shall be landscaped with grass
ground cover or other landscape treatment.
E. Perimeter landscaping relating to abutting
properties. On the site of a building or structure or
open lot use providing an off-street parking area or
other vehicular use area, such area shall be provided
with a landscaped barrier, preferably a hedge not less
than four (4)' feet nor greater than six (6) feet in
height to form a continuous screen between the off-
street parking area or other vehicular use area and
such abutting property. Such landscape barrier shall
be located between the common lot line and the off-
street parking area or other vehicular use area in a
planting striP of not less than two and one-half (2 1/2)
feet in width. The provisions of this subsection shall
not be applicable in the following situations:
alley.
1. When a property line abuts a dedicated
2. Where a proposed parking area or other
vehicular use area abuts an existing hedge, said
existing hedge may be used to satisfy the landscape
requirements of this subsection provided that said
existing hedge meets all applicable standards of this
article.
F. Accessways. The maximum width of an
accessway (whether one- or two-way traffic) through
the required perimeter landscape strip to an off-street
parking or other vehicular use area shall be thirty-two
(32) feet. The balance of such street frontage not
involved with accessways shall be landscaped in
accordance with the provisions of this section.
G. Parking area interior landscaping. Off-street
parking areas shall have at least twenty (20) square
feet of interior landscaping for each parking space
excluding those spaces abutting a perimeter for which
landscaping is required by other sections hereof and
excluding all parking spaces which are directly served
by an aisle abutting and running parallel to such a
perimeter. Each separate landscaped area shall
contain a minimum of twenty-five (25) square feet
and shall have a minimum dimension of at least five
(5) feet and shall include at least one tree having a
clear trunk of at least five (5) feet, with the remaining
1997 S-5
Buildings, Houaln~ ~nd Construction Regulations 13
1. All new construction and substantial
improvements shall be anchored to prevent flotation,
collapse or lateral movement of the structure.
2. Manufactured homes shall be anchored
to prevent flotation, collapse or lateral movement.
Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground
anchors. This standard shall be in addition to and
consistent with applicable state requirements for
resisting wind forces.
3. All new construction and substantial
improvements shall be constructed with materials and
utility equipment resistant to flood damage.
4. All new construction or substantial
improvements shall be constructed by methods and
practices that minimize flood damage.
5. Electrical, heating, ventilation;
plumbing, air conditioning equipment and other
service facilities shall be designed and/or located so
as to prevent water from entering or accumulating
within the components during conditions of flooding.
6. All new and replacement water supply
systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
7. New and replacement sanitary sewage
systems shall be designed to minimize or eliminate
infiltration of flood waters into the systema and
discharges from the systems into flood watera.
8. On-site waste disposal systems shall be
located to avoid impairment to them or contamination
from them during flooding.
9. Any alteration, repair, reconstruction
or improvements to a structure which are in
compliance with the provision of this article, shall
meet the requirements of "new construction' as
contained in this article.
B. Standards for areas of special flood b~7=rd.
In all areas of special flood hazard where base flood
elevation data has been provided as set forth in
Article VII the following provisions are required:
1. Residential construction. New
construction or substantial improvement of any
residential structure shall have the lowest floor,
including basement, elevated to or above base flood
elevation. Should solid foundation perimeter walls be
used to elevate a structure, openings sufficient to
facilitate the unimpeded movements of flood waters
shall be provided in accordance with standards of
article VII, Section
2. Non-residential construction. New
construction or substantial improvement of any
commercial, industrial or other non-residential
structure Shall have the lowest floor, including
basement, elevated to the level of the base flood
elevation. Structures located in all A-zones may be
floodproofed in lieu of being elevated provided that
all areas of the structure below the required elevation
are watertight and with walls substantially
impermeable to the passage of water and with
structural components having the capability of
resisting hydrostatic and hydrodynamic loads and
effects of buoyancy. A registered professional
engineer or architect shall certify that the standards of
this subsection are satisfied. Such certification shall
be provided as set forth in Article VII, Section 2.C.3.
3. Elevated buildings. New construction
or substantial improvements of elevated buildings that
include fully enclosed areas formed by foundation and
other exterior walls below the base flood elevation
shall be designed to preclude finished living space and
designed to allow for the entry and exit of
floodwaters to automatically equalize hydrostatic flood
forces on exterior walls.
(a) Designs for complying with this
requirement must either be certified by a professional'
engineer or architect or meet the following minimum
criteria:
(1) Provide a minimum of two (2)
openings having a total net area of not less than one
(1) square inch for every square foot of enclosed area
subject to flooding;
(2) The bottom of all openings
shall be no higher than one (1) foot above grade; and
(3) Openings may be equipped
14 Boy,ton Beach Code
with screens, louverr; valves or other coverings or
devices provided they permit the automatic flow of
floodwaters in both directions.
Co) Electrical, plumbing and other
utility connections are prohibited below the base
flood elevation;
(c) Access to the enclosed area shall
be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of
maintenance equipment used in connection with the
premises (standard exterior door) or entry to the
living area (stairway or elevator); and
(d) The interior-portion of such
enclosed area shall not be partitioned or f'mished into
separate rooms.
4. Floodways. The following provisions
shall apply to floodways within areas of special flood
hazard established hereinbefore:
(a) Prohibit encroachments including
fill, new construction, substantial improvements, and
other development unless certification (with
supporting technical data) by a Florida registered
engineer is provided demonstrating that
encroachments shall not result in any increase in
flood levels during occurrence of the base flood
discharge.
Co) If Paragraph B.4.a is satisfied, all
new construction and substantial improvements shall
comply with all applicable flood hazard reduction
provisions of Section 3.
(c) Prohibit the placement of any
manufactured homes (mobile homes) except in an
existing manufactured home (mobile home) park or
subdivision. A replacement manufactured home may
be placed on a lot in an existing manufactured home
park or subdivision provided the anchoring standards
and elevation standards outlined hereinbefore are met.
5. Coastal high h_~_--,'d area (V zones).
Located within the areas of special flood b*vmrd
established herein are areas designated as coastal high
hazard areas. These areas have special flood b,v~rds
associated with wave wash; therefore, the following
provisions shall apply:
(a) All buildings or structures shall be
located landward of the reach of the mean high tide.
(b) All buildings or structures shall be
elevated so that the lowest supporting member
(excluding pilings or columns) is located no lower
than the base flood elevation level, with all space
below the lowest supporting member open so as not
to impede the flow of water. Open lattice work or
decorative screening may be permitted for aesthetic
purposes only and must be designed to wash away in
the event of abnormal wave action.
(c) All buildings or .structures shall be
securely anchored on pilings or columns.
(d) All pilings and columns and the
attached structures shall be anchored to resist
flotation, collapse, and lateral movement due to the
effect of wind and water loads acting simultaneously
on all building components. The anchoring and
support system shall be designed with wind and water
loading values which equal or exceed the hundred-
year mean recurrence interval (one { 1 } percent annual
chance flood).
(e) A Florida registered engineer or
architect shall certify that the design, specifications
and plans for construction are in compliance with the
provisions contained in paragraph B.5.b, c and d.
(f) No fill shall be used as structural
support. Non-compacted fiH may be used around the
perimeter of a building for landscaping/aesthetic
purposes provided the fill will wash out from storm
surge, (thereby rendering the building free of
obstruction) prior to generating excessive loading
forces, ramping effects or wave deflection. The
development department shall review design plans for
landscaping/aesthetic fill only after the applicant has
provided an analysis by an engineer, architect and/or
soil scientist, which demonstrates that the following
factors have been fully considered:
(1) Particle composition of fill
material does not have a tendency for excessive
natural compaction; and
Buildings, Homing and Construction R~gulations
15
(2) Volume and distribution of
fill will not cause wave deflection to adjacent
properties; and
(3) Slope of fill will not cause
wave nm-up or ramping.
(g) There shall be no alteration of
sand dunes or mangrove stands which would increase
potential flood damage.
(h) Lattice work or decorative
screening shall be allowed below the base flood
elevation provided they are. not pan of the structural
support of the building and are designed so as to
breakaway, under abnormally high tides or wave
action, without damage to the structural integrity of
the building on which they are to be used and
provided the following design specifications are met:
(1) No solid walls shall be
allowed; and
(2) Material shallconsist of wood
or mesh screening only.
(i) If aesthetic lattice works or
screening are utilized, such enclosed space shall not
be used for human habitation.
(j) Prior to construction, plans for
any structure that will have lattice work or decorative
screening must be submitted to the development
department for review.
(k) Prohibit the placement of
manufactured homes (mobile homes), except in an
existing manufactured home (mobile home) park or
subdivision. A replacement manufactured home may
be placed on a lot in an-existing manufactured home
park or subdivision provided the anchoring and
elevation standards of this chapter are met.
(1) Any alteration, repair,
reconstruction or improvement to a structure shall not
enclose the space below the lowest floor except for
lattice work or decorative screening, az provided for
in paragraph' B.6.h and i.
C. Standards for areas of shallow flooding (AO
zones). Located within the areas of special flood
b~7~_,.d established in Section 1.F are areas designated
as shallow flooding. These areas have special flood
b~7~rds associated 'with base flood depths of one (1)
to three (3) feet where a clearly defined channel does
not exist and where the path of flooding is
unpredictable and indeterminate; therefore, the
following provisions apply:
(1) All new construction and substantial
improvements of residential structures shall have the
lowest floor, including basement, elevated to the
depth number specified on the flood insurance rate
map, in feet, above the highest adjacent grade. If no
depth number is specified, the lowest floor, including
basement, shall be elevated at least two (2) feet above
the highest adjacent grade.
(2) All new construction and substantial
improvements of non-residential structures shall:
(a) Have the lowest floor, including
basement, elevated to the depth number specified on
the flood insurance rate map, in feet, above the
highest adjacent grade. If no depth number is
specified, the lowest floor, including basement, shall
be elevated at least two (2) feet above the highest
adjacent grade, or
(b) Be completely floodproofed to or
above that level so that any space below that level has
watertight walls substantially impermeable to the
passage of water; structural components having the
capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and utility and sanitary
facilities completely floodproofed.
D. Standards for subdivision proposals.
1. All subdivision prOpOsals shall be
consistent with the need to minimize flood damage.
2. All subdivision proposals shall have
public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed
to minimize flood damage.
3. All subdivision proposals shall have
adequate drainage provided to reduce exposure to
flood hazards.
16 Boynton Beach Code
4. Base flood"elevation data shall be
provided for subdivision proposals and other
proposed development which contains more than fifty
(50) lots or is larger than five ($) acres.
E. Standards for small streams. Where small
streams exist, but where no base flood data has been
provided or where no floodways have been provided,
the following provisions apply:
1. No encroachments, including fill
material or structures, shall be located within a
distance of the stream bank equal to five (~) times the
width of the stream at the top of bank or twenty (20)
feet on each side from top of bank, whichever is
greater unless certification by a Florida registered
engineer is provided demonstrating that such
encroachments shall not result in any increase in
flood levels during the occurrence of the base flood
discharge.
2. New construction or substantial
improvements of structures shall be elevated or
floodproofed in accordance with elevations
established in accordance with Section 2.B. 1 I.
ARTICLE VIII. HOUSING
Sec. 1. Generally.
A. Terms. Words or phrases used in this
article shall have the meaning they have in common
usage and to give this article its most reasonable
application.
Extermination - the comwl and elimination of
insects, rodents or other pests by eliminating their
harborage places by removing or making inaccessible
materials that may serve as their food; by poisoning,
spraying, fumigating, trapping; or by any other
recognized and legal pest elimination method.
Garbage - animal and vegetable waste resulting
from the handling, preparation, cooking and
consumption of food.
Infestation - the presence of insects, rodents or
other pests.
Occupant- Any person over one year of age
living, sleeping, cooking or eating in or having actual
possession of a dwelling unit.
Parties in interest - all individuals, associations,
parmerships, corporations and others who 'have
interest in a dwelling or who are in possession or
control thereof, as agent of the owner, as executor,
executrix, administrator, adrnims' tratrix, trustee or
guardian of the estate of the owner.
Premises - a platted or unplatted lot or parcel of
land either occupied or unoccupied by any structure.
Public hall - any hall, corridor or passageway
not within the exclusive control of One family.
Rubbish - all combustible and noncombustible
waste except garbage.
guppliedfadlities - facilities paid for, furnished
or provided by, or under the comrol of, the owner or
operator.
Temporary housing - any trailer or other
structure used for human shelter which is designed to
be transportable and which is not attached to the
ground, to another structure or to any utility system
for more than thirty ($0) days. Any trailer or other
structure occupied for more than thirty (30) days shall
meet all requirements of this article.
Workmanlike state of maintenance and repair '-:
in compliance with all codes and ordinances
pertaining to construction of buildings and installation
of utilities.
B. Reserved.
C. Purpose. The purpose of this article is to
protect the public health, safety, morals and welfare
of the people of the city by establishing minimum
standards governing the conditions, occupancy and
maintenance of dwellings, dwelling units and
premises; establishing minimum standards governing
utilities, supplied facilities and other physical
components and conditions essential to make
dwellings, dwelling units and premises safe, sanitary
and fit for human habitation; f'uting certain
responsibilities and duties of owners, operators,
Building, Housin~ and Construction Ret~lations
agents and occupants of dwellings, dwelling units and
premises; and authorizing and establishing procedures
for the inspection of dwelling units and premises and
the condemnation and vacation of those dwellings,
dwelling units and premises unfit for human
habitation.
D. Scope; applicability. Every portion of a
building or premises used or intended to be used for
any dwelling purpose, except temporary housing,
shall comply with the provisions of this article,
irrespective of when such building shall have been
constructed, altered or repaired; and irrespective of
any permits or licenses which shall have been issued
for the use or occupancy of the building or premises,
for the construction or repair of building, or for the
installation or repair of equipment or facilities prior
to September 15, 1965.
This article establishes minimum standards
but does not replace, repeal or modify standards
otherwise established for construction, replacement or
repair of buildings or structures except such as are
contrary to the provisions of this article, in which
event the higher standard required shall prevail.
E. Conflict with other ordinances. Where a
provision of this article is found to be in conflict with
a provision of any zoning, building, electrical,
plumbing, fire, safety or health ordinance or any
code or other regulation of the city, the provision
which establishes the highest standard shall prevail.
F. Conflict of permits and licenses. All
departments, officials and employees of the city who
have the duty or the authority to issue permits or
licenses in regard to the construction, installation,
repair, use or occupancy of dwellings and dwelling
units shall conform to the provisions of this article.
No permit or license shall be issued if such would be
in conflict with this article except as provided in
article VIII, Section I.E.
G. Unfit dwelling units.
1. Eligibility. Any dwelling or dwelling
unit having the following defects, may be designated
by the development department as unfit for human
habitation:
17
(a) The structure lacks illumination,
ventilation, sanitation, heat, inadequate or unsafe
wiring or other facilities adequate to protect the health
and safety of the occupants or the public.
(b) The struCtUre is damaged, decayed,
dilapidated, unsanitary, unsafe or vermin infested in
such manner as to create a serious hazard to the
health and safety of the occupants or the public.
(c) The structure, because of the
location, general condition, state of the premises or
number of occupants, is so unsanitary, unsafe,
overcrowded or otherwise detrimental to health and
safety that it creates a serious hazard to the occupants
or the public.
(d) The structure, because of the
failure of the owner or occupant to comply with such
notices or orders issued pursuant to this article, is
unfit for human habitation.
2. Corrective action. The owner, agent or
operator of any dwelling which has been designated
as unfit for human habitation and vacated, shall make
such dwelling safe and secure in whatever manner the
development department shall deem necessary in
order to meet the standards set forth herein. Any
vacant building open at the doors and windows, if
_unguarded, shall be deemed dangerous to human life
and a nuisance within the meaning of this provision.
H. Occupant responsibilities. The
responsibilities of the occupants of all dwelling units
are as follows:
1. To keep dwelling and premises he
controls and occupies in a clean and sanitary
condition.
2. To dispose of rubbish and garbage in a
clean and sanitary manner as prescribed by city
ordinances or regulations.
3. To hang and remove screens provided
by the owner except where owner has agreed to
supply such services.
4. To keep plumbing fixtures therein in a
clean and sanitary condition and to exercise
18
Boynton Beach Code
reasonable care in the proper use and operation
thereof,
5. To exterminate in the following cases:
(a) Occupant of a single dwelling is
responsible for extermination of any insects, rodents
or other pests therein or on premises. '
(b) Occupant of a dwelling unit in a
multiple unit structure is responsible for
extermination of any insects, rodents or other pests,
if his unit is the only unit infested.
(c) Notwithstanding the foregoing
provisions of this section, whenever infestation is
caused by the failure of the owner to maintain the
dwelling in a ratproof or reasonably insect proof
condition, the occupant is not responsible for
extermination of any insects, rodents or other pests
therein.
I. Owner responsibilities. The responsibilities
of the owners of all dwelling units are as follows:
1. To rent or lease no dwelling to anyone
for occupancy unless it meets minimum standards set
forth herein.
2. To have dwelling in clean, sanitary,
habitable condition; to free from infestation before
renting; to paint walls and ceilings; and to clean,
repair and exterminate if needed to meet aforesaid
requirements before offering for rent.
3. To provide screens to be hung.
4. To exterminate in the following cases:
(a) When infestation exists in two (2)
or more units or multiple unit structures.
Co) When infestation exists in shared
or public areas of multiple unit structure.
(c) When infestation exists in single
unit of multiple unit structure or in single unit
structure when infestation is due to failure of the
owner to maintain the dwelling in a ratproof and
reasonably insect proof condition.
Sec, 2. Minimum St~dards,
A. General condition of structures.
1. Ail dwelling structures shall be
- watertight, weatherproof, rodent and insect proof and
in good repair.
2. Every foundation, exterior wall and
roof shall be reasonably watertight, weathenight and
rodent proof, shall adequately support the building at
all times and shall be in a workmanlike state of
maintenance and repair.
3. Every interior pa~ition, wall, floor and
ceiling shall be reasonably tight; capable of affording
privacy; maintained in a workmanlike state of repair;
and in a clean and sanitary condition.
4. Every roof shall be so drained and
every lot shall be graded and drained so as to prevent
dampness in the walls, ceiling, floors or basement of
every dwelling.
5. Every window, exterior door and
basement hatchway shall be reasonably weathenight,
watertight and rodent proof; and shall be maintained
in a sound condition and repair.
6. Every inside and outside stairway,
every porch and every appurtenance thereto shall be
safe to use; capable of supporting the load that normal'
use may cause; and maintained in sound condition and
repair.
7. Every plumbing fixture and water and
waste pipe shall be properly installed and maintained
in a sanitary working COndition, free from defect,
leaks and obs~ruaion.
8. Every toilet, bathroom and kitchen
floor shall be constructed and maintained so as to be
reasonably impervious to water and shall be kept in a
clean and sanitary condition.
9. Every facility, piece of equipment
and/or utility shall be constructed and installed so that
it will function safely and effectively, and shall be
maintained in good working condition.
Buildings, Homing and Construction Regulations
19
B. Lighting.
1. Electric outlets. Every habitable room
shall have adequate electric outlets and/or fixtures
properly connected to an adequate source of electric
power. .-
2. Light fixtures. Every bathroom,
shower room, toilet room, laundry room, furnace
room and public hall located in a structure used for
human habitation shall have permanent electric
fixtures, installed in accordance with the requirements
of the electrical code of the city.
appwved by the PaLm Beach County Health
Department.
2. Plumbing fixtures. In every habitable
dwelling unit ail plumbing fixtures shall be properly
installed; properly connected in accordance with the
city plumbing code to the water supply and sewer
system; properly maintained; and in good working
order.
3. Supplied facilities. Every habitable
dwelling unit shall contain a sink, tub or shower,
lavatory and toilet.
3. Natural light in habitable rooms.
Every habitable room shall have at least one window
or skylight facing directly to the outdoors. The
minimum total window area for every habitable room
shall not be less than ten percent 00%) of the floor
area of such room. If the only window is the
skylight type, the minimum total window area shall
not be less than fifteen percent 05%) of the total
floor area of such room except where other means of
artificial lighting are approved.
4. Light in non-habitable space. Every
public stair, hall, cellar and basement, located in a
structure used for human habitation, shall have either
adequate natural or artificial lighting available at all
times. The natural or artificial lighting available
shall not be less than three (3) foot candles measured
in the darkest portions of normally traveled
passageways and stairs at the floor.
C. Ventilation. Every bathroom, shower room
or toilet room shall be adequately ventilated either by
openable windows, the total of which shall not be less
than one and one-half (I-1/2) square feet facing open
space or by other methods giving equivalent
ventilation.
D. Weatherproofing, heating. Every habitable
dwelling unit shall be weatherproof and in a condition
to be adequately heated.
E. Basic equipment and facilities.
1. Potable water supply. Every habitable
dwelling unit shall be supplied with potable water
F.. Space requirements.
1. Sleeping rooms. Every sleeping room
for one occupant shall have seventy (70) square feet
of floor space or fifty (50) square feet of floor space
per occupant, whichever is greater.
2. Size of dwelling unit. The total of all
habitable rooms in a dwelling unit shall be such as to
provide at lease one hundred and fifty (150) square
feet of floor space for the first occupant and one
hundred (100) square feet of floor space per
additional occupant, except every dwelling unit shall
contain a greater area if required by the city builcLing
or zoning code.
3. Minimum height of habitable rooms.
Every habitable room shall be not less than seven (7)
feet in height from the floor to the ceiling throughout
one-half of the area of such room. Any portion of
room having a ceiling height of less than five (5) feet
shall not be considered in computing the total floor
area for such room. '
G. Egress. Every habitable dwelling unit shall
be provided with safe and unobstructed exits to
reduce danger in case of emergency.
H. Infestation.
I. Every door, window or other device
opening directly from a dwelling unit to outdoor
space shall be equipped with screens.
2. Every basemem or cellar window or
other opening to a basement shall be permanently
20
Boston Belch COd~
equipped with screens or Such other device as will
effectively prevent the entrance of rodent~,
3. There shall be no standing pools of
water which might provide a breeding place for
mosquitoes.
4. Dwellings should be free from rodents
and other vermin at all times.
so as to optimize the role of community-based
organizations in the production of affordable housing;
$. To promote innovative design of
eligible housing, and its supporting infrastructure, to
provide for cost savings in the provision of such
housing; and
6. To promote expedited permit
processing systems for affordable housing..
Sec. 3. Local Housing Assistance Program.
A. The "WHEREAS" clauses of Ordinance
No. 097-11 are hereby ratified and confirmed as
being true and correct and are hereby made a special
part of this section.
B. Definitions. For the purposes of this
section, the definitions contained in the State Housing
Initiatives Partnership Act hereinafter "the Act,"
Sections 420.907 et seq., Florida Statutes, and
Chapter 91-37 of the Florida Administrative Code, as
amended from time to time, are adopted herein by
reference.
C. Legislative intent. The purpose of this
chapter is to implement the Act; including, without
the limitation, thc following:
1. To increase the availability of
affordable housing by combining local resources and
cost saving measures, as applicable, and by using
private and public resources to reduce the cost of
housing;
2. To promote more compact urban
development, and to assist in aching the growth
management goals contained in the adopted local
comprehensive plan by allowing more efficient use of
land so as to provide housing units that are more
affordable;
3. To establish a strong sense of
community through increased social and economic
integration;
4. To build the organizational and
technical capacity ofcommunity-based organizations
D. Establishment of Local Housing Assts~nce
Program.
1. There is hereby created and established
a local housing assistance program ("Program") by
the City of Boynton Beach, to be implemented 'and
administered by the City.
2. The City shall implement the Program,
within the City, consistently with the requirements of
the Act.
3. The City's Community Redevelopment
Department shall be responsible for administration of
the local assistance program.
E. Special provisions. The City hereby
indicates that five (5%) percent of the funding to be
used for administration of the program ts insufficient,
and therefore elects to utilize ten (10%) percent of the
funding for administration purposes. .
F. Establishment of Affordable Housing
Assistance Trust Fund.
1. Purs~ to the requirements of the Act,
the City agrees to establish an affordable housing trust
fund ('Fund") within the official and fiscal
accounting records of the City. All monies deposited
in the fund shall 'be subject to the requirements of the
Act and this section.
2. The City shall caus~ the Fund to be
audited, and shall report the results of such audit as
required by the Act.
G. Creation of Citizens Advisory Committee.
This section shall cause the creation of a Citizens
Advisory Committee to act in the role of the
1997 S-6
Buildings, Homtna md Constn~on Regnlattom
21
Affordable Housing Advisory Committee, as required
by the Act. The composition and function of the
Committee shall be in accordance with the
requirements of the Act.
H. Adoption of the Affordable Housing
Incentive Plan. The City will, within one (1) year of
adoption of Ordinance No. 97-11, adopt a Housing
Incentive Plan as required by Florida Statutes.
(Ord. No. 97-11, §§ 1-8, 5-6-97; Ord. No. 97-21,
§ 1, 6-17-97)
ARTICLE IX. SWIMMING POOLS AND SPAS
The swimming pool and spa code establishing
basic criteria for the design and construction of
swimming pools and spas within the city was adopted
and established as the swimming pool and spa
regulations of the city. on September 4, 1996, and is
on file as Ordinance No. 96-39 in the office of the
city clerk and the office' of the director of
development.
(Ord. No. 96-39, § l, 9-4-96; Ord. No. 96-60, § 3,
1-21-97)
Preservation of such buildings will be required unless
it can be established by the applicant that preservation
significantly interferes with the reasonable use of the
property.
(Ord. No. 96-60, § 4, 1-21-97)
Sec. 2. Waiver of teehnlcal requi_rements.
The provisions of the technical codes relating to
the construction, alteration, repair, enlargement,
restoration, relocation or moving of buildings or
structures shall not be mandatory for existing
buildings or structures identified and classified by the
state or local jurisdiction as Historic Buildings when
such buildings or structures are judged by the director
of development to be safe and in the public interest of
health, safety and welfare regarding any proposed
construction, alteration, repair, enlargement,
restoration, relocation or moving of buildings within
fire districts.
(Ord. No. 96-60, § 2, 1-21-97)
S~. 3. Design conformance.
ARTICLE X. RESERVED
ARTICLE XI. RF~ERVED
Additions and/or modifications to historical
buildings shall conform to the architectural style of
the original building.
(Ord. No. 96-60, § 2, 1-21-97)
ARTICLE XII. RESER~
ARTICLE XIII. HISTORIC PRESERVATION
It is the intent of the city to encourage the
preservation of historically significant buildings
within its corporate limits. All historic buildings
other than single family and duplex dwellings shall be
reviewed for historical significance in all development
and construction proposals presented to the city.
1997 S-6
Boynton Beach Code
Chapter 21
SIGNS
Art. I. In General
Art. II. Variances/Exemptions and
Prohibitions
Art. ITl. Special Conditions
Art. IV. Signs Allowed
ARTICLE I. IN GENERAL
Sec. 1. Short rifle.
This chapter shall hereafter be known and cited
as "The Boynton Beach Sign Ordinance."
Sec. 2, Purpose.
The purpose of this article is to create the
framework for a comprehensive and balanced system
of sign control. It recognizes the need for a well
maintained and attractive appearance in a community
and the need for adequate business identification,
advertising and communication. It is the intent of
this chapter to promote the health, safety,
convenience, aesthetics and general welfare by
controlling signs which are intended to communicate
to the public and to authorize the use of signs which
are:
A. Compatible with their surroundings.
B. Designed, constructed, imtalled and
maintained in such a manner that they do not
endanger public safety nor contribute to vehicular
visual distraction.
C. Efficient in transfer of information.
Sec. 3. Penalties; enforcement.
Any person violating any of the provisions of
this chapter shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be subject to a fine
not exceeding five hundred ($500) dollars. Each day
such Violation is committed or permitted to continue
shall constitute a separate offense and shall be
punishable as such hereunder.
Enforcement of this chapter may also be secured
through the Code Enforcement hearing process under
Chapter 2, Article V of the Boynton Beach Code of
Ordinances.
Except as provided in Article H, Section 2 it
shall be unlawful for any person to erect, repair,.
alter, or relocate within the city any sign or other
advertising structure as defined in this chapter,
without first obtaining a permit from the Boynton
Beach Development Department and making payment
of the fee required. All illuminated signs shall, in
addition, be subject to the provisions of the National
Electrical Code.
Signs or sign structures previously erected
without a valid permit shall be in violation of this
chapter and shall be deemed illegal signs. It shall be
mandatory to obtain a permit for an illegal sign, or to
immediately remove such sign or sign structure upon
notice that the sign or sign 'structure is illegal. The
notice shall contain a time period for removal.
See. $. Application.
Application for permits shall be made upon
blanks provided by the development department and
shall contain or have attached thereto the following
information:
A. Name, address and telephone number of the
applicant;
B. Location of building, structure or lot to
which, or upon which, the sign or other advertising
structure is to be attached or erected;
C. Position of the sign or other advertising
2
Boynton Beach Code
structure in relation to nearby building, structures and
property lines;
D. Two (2) copies of the plans and
specifications and method of construction and
attachment to the building or in the ground. Plans
must include all proposed sign colors.
structure is in compliance with all the requirements of
this chapter and all other laws and ordinances of the
city, the department shall issue a sign permit. All
permits are subject to the requirements contained in
the latest adopted Countywide Administrative section
of the Standard Building Code.
E. Documents showing that the structure is
designed for dead load and wind load in any direction
in an amount consistent with the requirements
contained in the Standard Building Code and as
required by this and all other laws and ordinances of
the city. The seal of a Florida registered engineer or
architect shall be affixed to dralvings of signs or sign
structures which have an area exceeding thirty-two
(32) square feet and/or exceeding ten (10) feet in
height, certifying that such signs are designed to meet
the required loading. In cases when required by the
director of development, signs shall show calculations
for wind loading.
F. Name of person, firm, corporation or
association erecting the sign structure;
G. Written consent of the owner of the
building, structure or land to which or on which the
structure is to be erected;
Sec. 7. Permit fee.
Every applicant, before being granted a permit
hereunder, shall pay a fee to the development
department prior to permit review or issuance.
Any sign erected or in the process of being
erected without a permit is subject to a total permit
fee of four (4) times the normal permit fee.
S~c. 8. .~nnual inspection.
The city may inspect at any time each sign or
other advertising structure regulated by this chapter
for the purpose of ascertaining whether the same is
unsafe, in need of repair or maintenance, not in
conformance with the permit application or otherwise
in violation of the provisions of this chapter.
H. The type of sign or sign structure as defined
by this chapter;
I. The estimated value of the sign and/or sign
structure;
$. All electrical details required to determine
code compliance for the sign; and
Sec. 9. Revocation of permit.
The development depa~hhent is authorized and
empowered to revoke any permit issued if there has
been a violation of the provisions of this chapter or a
misrepresentation of fact on the permit application
and specified in the latest adopted Counvywide
Administrative Section of the Standard Building Code.
K. All such other information as the
development depa~huent shall require to demonstrate
compliance with this and all other laws and
ordinances of the city.
Sec. 6, Permit iss~qce.
The development department shall examine plans
and specifications and other data and the premises
upon which it is proposed to erect the sign or other
advertising structure, and if it appears that the
Sec. 10. Unsafe and unlawful signs.
If it is determined that any sign or other
advertising structure regulated herein is unsafe or
insecure, or is a menace to the public, or has been
constructed or erected or is being maintained in
violation of the provisions of this ordinance, he shall
give written notice to the owner thereof. If the owner
fails to remove or alter the structure so as to comply
with the standards herein set forth within the time
prescribed in the notice, such sign or other
Signs 3
advertising structUre may be removed or altered to
comply by the city at the expense of the permittee or
owner of the property upon which it is located. The
development department shall not issue a permit to
any permittee or owner who refuses to pay costs so
assessed. The director of development may cause
any sign or other advertising structure which presents.
an immediate peril to persons .or property to be
removed without notice.
Sec. 11. Permit number posting.
Every sign or other advertising structure
hereafter erected shall have placed in a conspicuous
place thereon, the permit number of the sign.
Sec. 12. Maintenance.
The owner of any sign as defined and regulated
by this chapter shall be required to properly maintain
said sign. For a sign to be properly maintained, the
sign, together with its framework, braces, angles or
other supports shall be in a safe condition, properly
secured, supported and braced and shall be able to.
withstand weather conditions and loads as required by
the regulatory codes in effect within the municipal
limits. Maintenance shall include painting and parts
replacement.
Sec. 13. Licensing, competency of contractors.
A person shall not engage in the business of
erecting, painting, wiring or maintaining signs within
the city without first having procured an occupational
license' for such business from both the city and the
county. The following qualifications shall govern the
categories of sign work:
A. Sign contractor, electrical. Those who are
qualified and licensed to install, repair, alter, add to
or change any electrical wires, apparatus, raceways,
conduit or any part thereof on electrical signs and
who are also qualified to erect signs. Such contractor
may connect to any existing sign circuit and may
contract and secure permits for the erection of
electrical signs or sign structures.
B. Sign contractor, non-electrical. Those who
are qualified and licensed to install, repair, add to,
paint or change non-electrical signs, according to the
Standard Building Code and who may secure permits
for the erection of electrical signs or sign structUres
(but must sublet the electrical work unless an
electrical contractor is associated with the firm).
C. Owners, lessees. Notwithstanding either of
the above classifications, nothing herein contained in
this section shall be construed to prevent an owner or
lessee of property from constructing and erecting a
non-illuminating sign or sign structure, not exceeding
thirty-two (32) square feet in area and/or six (6) feet
in height, on said property. Such work shall be
erected in a professional manner and shall comply
with all other sections of this chapter.
Sec. 14. Wind pressure and dead load
requirements.
All signs and other advertising structures shall be
designed and constructed to withstand wind and dead
loads as required by the Standard Building Code or
other ordinances of the city.
Sec. 1S. Removal of abandoned signs.
Any sign now or hereafter existing which no
longer advertises a bona fide business conducted or a
product sold shall be taken down and removed by the
owner, agent or person having-the beneficial use of
the building or structUre upon which such sign may
be found, within ten (10) days after the business use
ceases.
ARTICLE II. VARIANCES/E~ONS
AND PROHIBITIONS
After denial of a sign permit by the development
department, a request for variance may be filed with
the board of zoning appeals. The board of zoning
appeals may grant a variance if it finds that the
unusual shape or topography of the property in
1997 S-5
4 Boynton Beach Code
question prevents signage 'allowable under the
provisions of this ordinance from adequately
identifying the business or other activity located on
such property. The board of zoning appeals may
only grant a variance to:
A. Allow a setback less than that required--
under the chapter;
B. Allow the area and/or height of a sign to be
increased by up to twenty-five (25) percent of the
maximum allowable height or area; or
C. Allow the number of signs to be increased
over the maximum allowed by this code.
No variances may be granted to signs expressly
prohibited by this chapter.
(Ord. No. 96-61, § 1, 1-21-97)
Sec. 2. Exemptions.
The permit requirements of this chapter shall not
apply to the following signs, provided however, that
said signs shall be subject to other provisions of this
code:
A. Real estate signs not exceeding five (5)
square feet in area which advertise the sale, rental or
lease of the premises upon which such signs are
located. These signs must be set back ten (10) feet
from the property line~ meet the structural
requirements and must not exceed four (4) feet in
height. Only one (1) such sign is allowed per street
frontage.
B. A single residential yard sign, not exceeding
three (3) square feet in area (Beware of Dog, Watch
your Step, Name and Address, etc.).
C. Window/door signs using less than twenty
(20) percent of the total glass area facing in any one
direction. This area is not included in the total sign
area allowed under this chapter. These signs are not
permitted in residential zoning districts.
D. Political signs. These signs must comply
with Article III, Section '6.D of this Chapter.
E. Flags.
F. Bulletin boards not over eight (8) square feet
in area for public, charitable or religious h'astitutions
when the same are located on the premises of such
institutions,
G. Occupational signs denoting only the name
and profession of an occupant in a commercial
building, public institutional building or dwelling
house and not exceeding two (2) square feet in area.
H. Memorial signs or tablets, names of
buildings and date of erection, when cut into any
masonry surface or when constructed of bronze or
other incombustible materials.
I. Traffic or other governmental signs, legal
notices, railroad crossing signs, danger signs and such
'temporary, emergency or non-advertising signs as
may be approved by the city.
$. Signs indicating the address and/or name of
the residential occupants of the premises, not
exceeding two (2) square feet in area.
K. Vehicular signs.
L. Bus shelter signs.
Sec. 3. Prohibitions.
The following signs and related equipment are
prohibited in all districts:
A. Any sign and/or sign structure which does
not meet all the criteria set forth in this chapter.
B.- Animated/fluttering signs
C. Balloons
D. Banners (not including special civic event,
recreational, expositional or temporary business
identification signs)
E. Bus bench signs
F. Festoons
1997 S-5
Signs
O. Flashing signs
H. Roof signs
I. Rotating signs
$. Signs that swing
K. Sidewalk signs (sandwich/"A" frame)
I. Portable signs
M. Signs that obstruct free ingress to or egress
from a door, window, rite escape or other required
exit ot entrance.
N. Signs which use the words DANGER,
STOP or LOOK or any other words, phrases,
graphics or characters in a manner as to interfere
with, confuse or mislead traffic.
O. Snipe signs or signs attached to or painted
on fire escapes, television antennas, satellite dishes,
utility poles or any other associated structure.
P. Signs which emit odors, sounds, smoke,
vapor or other visible matter.
Q. signs or sign structures supported by visible
guy wires, cables or where there is visible electrical
conduit.
R. Unauthorized signs on property owned by
or under control of the City of Boynton Beach.
S. Banners over any street, sidewalk, within a
city park or playground without a permit being
issued.
T. Off premises signs, except those permitted
under Article IH, Section 6 or Chapter 22, Article H,
Section 7, Paragraph O.
U. Electrical signs of a commercial nature in
residential zoning districts, except that in a
development where'models are being demomtrated,
an illuminated sign, meeting the other requirements
of this chapter, may be used provided no illumination
is shown between the hours of 9:00 p.m. and 7:00
a.m. the following day.
V. Commercial advertising matter, including
but not limited to, circulars, throwaways, handbills;
provided however, this prohibition shall not be
construed to prevent the use, distribution or
dissemination of such matter on a regular weekly, bi-
weekly ot monthly basis by a person or business duly
licensed ot registered with the city. This prohibition
shall not be construed to include business cards.
W. Billboards.
X. Non-geometric signs shaped to depict figures
or demonstrative shapes used to attract attention to the
business activity with which the sign is associated.
Y. Painted Wall Signs.
(Ord. No. 96-61, § 2, 1-21-97; Am. Ord. 98-01, § 3,
1-20-98)
ARTICLE IH, SPECIAL CONDITIONS
Sec. 1. Traffic bn~ls.
No sign or other advertising structure regulated
by this chapter shall be erected at the intersection of
any streets in such a manner as to obstruct free and
clear vision; or at any location where, by reason of
the position, shape or color, it may interfere with,
obstruct the view of or be confused with any
authorized traffic sign, signal or device.
Sec. 2. Obscene matter/mi,leaalng advertising.
It shall be unlawful for any person to display
upon any sign or other advertising structure any
obscene, indecent or immoral matter.
It shall be unlawful for a person to display false
or misleading statements upon signs, calculated to
mislead the public as to anything sold, any services to
be performed or information disseminated. The fact
that any sign or display shall contain words or
language sufficient to mislead a reasonable and
prudent person in reading same, shall be prima facie
evidence of a violation of this section by the person
displaying the sign or permitting same to be
displayed.
1998 5-8
6
Boynton Beach Code
Sec. 3. Aesthetics.
The aesthetic quality of a building or an entire
neighborhood is materially affected by achieving
visual harmony of the signs on or about a structure as
it relates to the architecture of the building or the
adjacent surroundings. In addition to the mechanical
limitations on signs imposed by this section, there are
certain aesthetic considerations which must be met
and are therefore subject to review by the Planning
and Development Board When required.
A, The scale of the sign must be consistent
with the scale of the building on which it is to be
placed or painted and the neighborhood in which it is
located. However, in no case shall it exceed the size
provided for in other sections of this chapter.
When an accessway intersects a public right-of-
way or when the subject property abuts the
intersection of two (2) or more public rights-of-way,
all signage within the triangular areas described below
shall provide unobstructed cross-visibility at a level
between thirty (30) inches and six (6) feet. The
triangular areas above referred to are:
A. The areas of property on both sides of an
accessway formed by the intersection of each side of
the accessway and the public right-of-way line with
two (2) sides of each triangle being ten (10) feet in
length (or more when determined to be necessary by
the development department), from the point of
intersection and the third side being a line connecting
the end of the other two (2) sides,
B. The overall effect of the configuration or
coloring of the sign shall be consistent with the
Community Design Guidelines. The configuration
and colors shall be complementary with other signs
already on the building and on adjacent properties.
All freestanding signs shah be landscaped in an
attractive manner, appropriate to the specific location,
with a minimum dimension of the landscaped area not
less than two (2) feet. Landscaping shall be protected
from vehicular encroachment.
B. The area of property located at a comer
formed by the intersection of two (2) or more public
or private rights-of-way, with two (2) sides of the
triangular area being thirty-five (35) feet in length
along the abutting public right-of-way lines, measured
from their point of intersection and the third side
being a line connecting the ends of the other two (2)
lines.
Sec. 6. Special signs.
Sec. 4. Interpretation.
Where a question arises regarding the
interpretation of this chapter, the most restrictive
interpretation shall prevail.
Interpretations of this chapter shall be made by
the director of development or designee.
See. 5. Setbacks.
Ail signs must meet a minimum ten (10) foot
setback measured from the property line to the closest
surface of the sign. Where a building is closer than
ten (10) feet from a property line, a freestanding sign
can have its leading edge one half way between the
property line and the building. Wall signs can be on
the building surface.
A. Temporary project development signs.
Large areas under development shall be permitted two
(2) signs not to exceed a combined aggregate area of
two hundred f'n~y (2:50) square feet. Said signs shall
be located in accordance with the requirements
contained in this chapter relating to the specific zoned
area. Permits for said signs shall be limited to the
time the development is completed, terminated or
abandoned, The permits for such signs will not be
issued prior to the date upon which an application for
a permit for the related building construction or site
development is filed. These signs must be removed
within sixty (60) days after the permit is issued, if
construction bas not commenced, or if such
construction is substantially abandoned for ninety (90)
days, as evidenced by a lack of inspections and/or
other pertinent conditions. Signs must be removed
when the final building inspection is called for.
B. Temporary construction signs. One (1) non-
illuminated sign may be permitted to be erected on
Signs
the premises or attached to a tool house on the
premises subject to the followini conditions:
travelin~ public. The signs shall be removed within
five (5) days of the completion of the event.
1. Such sign shall not exceed thirty-two
(32) square feet in area.
2. Such sign shall not be erected prior 'to
the issuance of a building permit and must be
removed when the building or project is completed;
provided, however, if such sign is erected as per-
mined hereunder and construction is not commenced
within one hundred eighty (180) days after permit is
issued, or if such construction is substantially
abandoned for one hundred eight (180) days as
evidenced by a lack of successful inspections and/or
other pertinent conditions, such sign shall be
immediately removed by the owner or lessee of the
premises.
3. Such sign shall be located on the
premises being developed in accordance with the
requirements of this Code relating to the specific
C. Directional. signs.
(1) General directional signs limited to six
(6) per civic organization, church, recreational
facility and limited to one hundred fot~y-four (144)
square inches per sign and located at street intersec-
tions or other locations for the convenience of the
traveling public, may be permitted in city right-of-
way when approved by the director of development.
The owner shall have the signs made at the owner's
expense, but according to the specifications of the
city. Said signs shall be placed by tim responsible
governmental body at the expense of the owner and
when the sign is in the public right-of-way, it shall be
placed on opposite comers from street signs. A limit
of six (6) signs on one (1) pole may be permitted at
each street intersection.
2. Special civic event, recreational-or
expositional signs of a temporary nature, not to
exceed seventy-five (75) square feet in area, which
are of general benefit to the community and which
are individually approved by the director of develop-
ment, may be permitted. Such signs shall be located
at specified 'points for the convenience of the
3. Street signs. A subdivision name sign
may be placed on a city street post by city personnel,
provided it is requested through the Public Work~
Dep~,tment and paid for by the party requesting said
sign. This sign shall be identical to the street sign as
to color, size and shape.
4. Temporary directional signs may be
erected to guide traffic to building models at inter-
sections in the city rights-of-way. Such signs shall
not exc_,~,t__ three (3) square feet in area, nor be more
than three (3) feet in height above the grade of the
right-of-way. Said signs shall be approved by the
development depa~ttuent. Not more than six (6) such
signs will be allowed for any one (1) development.
These signs shall be placed at the development depart-
ment's discretion and in all cases shall be placed as
close as possible to the development from the main
thoroughfare.
5. A reSidential subdivision, residential
development or neighborhood association of twenty-
five (25) units or more, may be allowed one (1)
identification sign at each major intersection which
serves the residential subdivision, residential develop-
ment or neighborhood association, not to exceed two
such locations. Each sign may have no more than
two (2) faces not exceeding sixteen (16) square feet
each face, and may be located in the public right-of-
way when traffic visibility is unobstructed and the
location is approved by the director of development.
Upon approval, the city and the representatives of the
residential subdivision or residential development or
neighborhood association shall enter into a license
agreement, setting forth the terms and conditions
upon which approval to place the sign on the public
right-of-way is granted. Approval does not preclude
the necessity to secure approvals from other govern-
D. Temporary political signs may be posted on
private property within the city during the sixty (60)
day period precedin~ any local, state, or national
election, with the consent of the property owner.
Candidates or parties desiring to post such signs shall
file with the city Clerk a notice of intention, to post
1998 S-7
8
Boynton Beach
same prior to the posting of any such sign and shall
agree to remove any such signs so posted within ten
(10) days after the date of the election. No fee shall
be required in connection with the posting of tempo-
rary political signs. Political circulars and handbills
may be distributed within the city during the above
sixty (60) day period. All political simms must
comply with the structural and setback requirements
of this Code.
E. Bus shelter signs. Signs on city transit stop
shelters may be permitted when authorized by written
agreement approved by action of the City Commis-
sion pursuant to the provisions of Section 33'/.40?(2),
F.S. When so authorized, the following standards
shall apply:
1. Signs on city transit stop shelters and
associated structures and equipment, including but not
limited m benches, bicycle racks, and trash recap=
tacles, shall be permitted only at city transit stops
designated by the city, or other areas approved by the
City. Plac,..uent of bus shelters shall be subject to
city review so that no shelter shall be permitted to
obstruct a public sidewalk' or create a hazard or to
otherwise be detrimental to the public safety. A
permit for each bus shelter, shall be required, but no
permit fee shall be charged.
2. Bus shelters and associated structures
or equipment shall be designed to meet city building
code requirements, if any.
3. Any bus shelter or associated structure
or equipment located on a sidewalk within a public
fight-of-way, shall bo so located so as to leave at
least thirty-six (36) inches clearance for pedestrians
and persons in wheelchairs. Such clearance shall be
measured in a direction perpendicular to the
centerline of the road. In addition, shelters and pads
shall comply with the Americans with Disabilities Act
Implementation Manual, Accessibility Guidelines for
Transportation Facilities; Part IV of the Federal
Register, Transportation for Individuals with Dis-
abilities; Florida Statutes, Section 33?; the Florida
Administrative Code Rule Chapter 14-20 and any city
standards or guidelines for placement and design.
4. Not more than one bus shelter or
associated structure or equipment displaying signage
or intended for the display of signage shall be
permitted at a city transit stop.
5. Display space on bus shelters shall be
limited in location and size to the side or rear wind
screen panels. If any bus shelter or associated
structure or equipment signage is deemed objection-
able in the judgment of the city, it shall be. removed
by the sponsoring org~i,~tion.
6. Should any bus shelter, associated
structure or equipment or sign on an associated
structure or equipment, or bus shelter sign fail to
conform to the above standards; or should a resi-
dential property owner object to the presence of a bus
shelter abutting his property, then the city may order
the sponsoring organization to remove such bus
shelter and, that failing, may remove same at the
expense of the sponsoring organization.
F. Temporary banners may be posted on
private commercial or industrially zoned property
within the city for one period of time not to exceed
two weeks within a one year period. No temporary
banner sign may be displayed without written
approval in advance by the director of development
or his/her designee. Temporary banner signs shall be
limited to announcing the opening or closing of a
commercial or industrial business and shall not be
used to announce any sale or special business event.
Temporary banners may not exceed an area of twenty
(20) square feet each, may not bo Placed in setbacks,
and may not create any obstruction to motOrist
visibility. Applicant shall agree to remove banners
within twelve hours upon posting of a tropical storm
or hurricane watch. This subsection shall not be
applicable to the City of Boynton Beach, nor shall it
prevent the City fi.om using banner signs to announce
municipal activities, events or programs.
(Ord. No. 96-61, § 3, 1-21-97; Ord. No. 97-42, § l,
S-19-97)
1998 S=7
Sec. 7. Nonconforn~ing signs.
A sign or advertising structure in an area
annexed into the city after the adoption of Ordinance
No. 91-1 ($anuary 1:5, 1991) shall be brought ir~o
compliance with all provisions of the Sign Code
within six (6) monr~s following the daue of annexa-
tion. No amortization period provided herein shall
apply to signs within such annexation areas.
A billboard sign in an area of palm Beach
County which is annexed into the City of Boynton
Beach iffier the date of adoption of Ordinance No.
94-18 (June 21, 1994) shall be brought inlo compli-
ance with all provisions of the Sign code within five
(:5) years following the dat~ of annexation, provided
thai any billboard on undeveloped land shall be
brought
1998 S-7
8B Boymon Beach Code
1998 S-7
Signs
into compliance as a condition precedent to the
issuance of any development order sought prior to the
five-year amortization period. An existing billboard
sign which was annexed into the City of Boynton
Beach after January 155, 1991 shall be brought into
compliance within five (55) years from the date of
adoption of Ordinance No. 94-18 ($une 21, 1994).
The provisions of this section which define and
delineate a nonconforming sign shall apply to all
billboards annexed into the city.
Any existing sign which does not conform to the
requirements of this chapter, shall hereafter be
deemed nonconforming. All signs must be
maintained to original standards and conditions and
upon modification must comply with all sections of
this chapter. Relettering or change of copy, provided
there is no alteration or repair made .to the sign
structure, shall not constitute a modification.
Nonconforming signs shall be removed, changed
or altered to conform to the provisions of this chapter
by December 31, 1999.
A sign shall not be deemed nonconforming if
any one of the following conditions apply:
A. The sign is a freestanding sign which does
not exceed 24 feet in height but is otherwise in
conformance with all provisions of this chapter; or
B. The sign is a wall sign or freestanding sign
which does not exceed the sign limitations set forth in
this Sign Code by more than 20 percent and is
otherwise in conformance with all provisions of this
chapter; or
repairs shall be made so that such sign shall meet all
the requirements of this chapter.
(Ord. No. 96-61, § 4, 1-21-97)
Sec. 8. Overhead clearance.
A sign projecting over areas where vehicular
traffic may be required to pass shall be erected to
maintain a minimum clearance of sixteen (16) feet for
the free passage of such vehicles.
ARTICLE IV. SIGNS ALLOWED
Sec. 1. Signs allowed in residential zonino_
districts.
The following signs are allowed and regulated in
residential zoning districts:
A. One (1) plaque not exceeding two (2) square
feet in area.
B. On plots containing penuitted nonresidential
structures or uses, a flat or freestanding sign, not
exceeding thirty-two (32) square feet in area will be
permitted for the limited purpose of advertising only
the main use of the premises. A flat wall sign on a
building must not be higher than ten (10) feet, and a
freestanding sign must not be higher than six (6) feet.
Signs on entry walls may not extend above the top of
the wall.
C. Temporary real estate signs
C. The sign is a freestanding sign which does
not meet the setback requirements of this chapter, but
does not otherwise violate the setback requirements
set forth in Article lIl, Section :5 or any other
provisions of this chapter.
If any nonconforming sign is damaged by any
cause or is otherwise in need of repair, to such an
extent that the cost of repairing the sign equals fifty
(50) per cent or more of the original cost of the sign,
then its classification as a 'nonconforming" sign
under this section shall be automatically revoked and
1. Single Family: One (1) real estate sign
not exceeding five (55) square feet in area and no taller
than four (4) feet is allowed per street frontage.
2. Multi-family or commercial: One (1)
real estate sign not exceeding thirty-two (32) square
feet in area and no taller than six (6) feet is allowed
per street frontage.
D. A condominium, residentialdevelopment, or
incorporated residential neighborhood association may
erect single faced name signs on each side of all
1997 S-5
10
Boynton Beach Code
entrances on site walls or one (1) freestanding
monument sign for each entrance. These signs are
not to exceed thirty-two (32) square feet in area, nor
be more than six (6) feet in height.
E. Directional signs for multi-family or
permitted nonresidential structures, not exceeding
four (4) square feet in area nor five (5) feet in
heightmay be allowed at points of ingress and egress.
(Ord. No. 96-61, § $, 1-21-97)
feet. Such signs will allow for instructions on use of
pick-up window service and list the menu and price
of items to be served, with the top of the sign not to
exceed five (5) feet above ground level at the base of
the sign.
E. Non-illuminated identification signs shall be
permitted on the rear door of all business
establishments provided such signs are limited to
three (3) square feet in area.
Signs allowed in commercial
nonresidential districts not otherwise
excluded, - -
F. Directional. signs, not exceeding four (4)
square feet in area, nor five (5) feet in height with a
limit of four (4) signs per lot, located at points of
parking lot ingress and egress.
The following signs are permitted and regulated
in all commercial nonresidential districts not
specifically set forth elsewhere in this chapter:
A. One (1) real estate sign advertising "For
Sale/Rent/Lease", may be placed on the premises and
shall not exceed thirty-two (32) square feet in area,
nor six (6) feet in height. One (1) such sign is
permitted for each street frontage.
G. Temporary business identification signs shall
be permitted instead of other wall signs permitted in
this section. One (1) temporary sign for a maximum
of thirty (30) days, can be permitted when a
Certificate of Occupancy has been issued, pending the
approval of a sign application, if at the time of the
Certificate of Occupancy an application for a sign
permit~ has been submitted to the development
department.
B. One (1) double faced freestanding sign
advertising the use of the premises. The maximum
area for this sign shall be one (1) square foot of area
for each linear foot of street frontage; no 'such sign
shall exceed sixty-four (64) square feet in area. No
sign shall be taller than twenty (20) feet.
Sec. 3. Signs allowed in shopping centers and
public use districts.
The following signs are permitted and regulated
for shopping centers:
C. One (1) or more fixed projecting or flat
wall sign(s) which advertises the use of the premises,
provided that for the projecting sign, the sign and its
supports shall not extend more than three (3) feet
beyond the face of the wall, nor shall either sign
extend above the parapet of the building or beyond
the building comers. The maximum area for this
signage shall be one and one half (1-1/2) square feet
of area for each one (1) foot of linear building
frontage.
D. In addition to the other signs in this section,
one (I) on-premises sign, described as follows, shall
be permitted in those commercial districts of the city
where drive through restaurants are permitted. Said
sign shall be an exterior single-face menu sign with
illustrated face not to exceed twenty-five (25) square
A. One (1) real estate sign advertising "For
Sale/Rent/Lease", may be placed on the premises and
shall not exceed thirty-two (32) square feet in area,
nor six (6) feet in height. One (1) such sign is
permitted for each street frontage.
B. One (1) freestanding sign advertising the use
of the premises. The maximum area for this sign
shall be one (1) square foot of sign area for each
linear foot of street frontage of the lot provided such
sign does not exceed one hundred sixty (160) square
feet in area or a maximum height of twenty (20) feet.
Lots which front on more than one (1) collector
and/or arterial roadway shall be allowed one (1)
additional freestanding sign, not to exceed one
hundred sixty (160)square feet in area with a
1997 S-5
Il
maximum height of twenty (20) feet, to be located on
the additional wadway.
C. One (1) or more fiat wall sign(s) which
advertises the use of the premises. The maximum
area for this signage shall be one and one half (l-l/2)
square feet of area for each one (I) foot of linear
building frontage.
D. Where a covered walkway is present, each
store shall be permitted one (1) under canopy sign
not to exceed three (3) square feet in area. This sign
shall be placed in front of each occupancy
perpendicular to the building face under the covered
walkway and shall not be le~s than ninety (90) inches
from the walkway, with a rigid mounting.
E. A directory sign, not exceeding eighteen
(18) square feet in area, is permitted. This directory
sign can not exceed a height of six (6) feet and must
be placed within the building setback area.
F. Non-illuminated identification signs shall be
permitted on the rear door. of any business
establishment, provided they are limited to three (3)'
square feet in area.
G. Directional signs, not exceeding four (4)
square feet in area, nor five (5) feet in height with a
limit of four (4) signs per lot, .located at points of
parking lot ingress and egress.
other center section stores with exterior customer
entrances. These signs must not exceed ten (10)
percent of the exterior wall face upon which they are
attached. Each entrance from the public right-of-way
into the mall will be allowed a three-sided
freestanding sign not to exceed thirty-two (32) square
feet in area per sign face. A freestanding sign, in
compliance with Article IV, Section 3.B will be
permitted in lieu of the above referenced entrance
signs.
B. Directional signs, not exceeding four (4)
square feet in area, nor five (5) feet in height with a
limit of four (4) signs per lot, located at points of
parking lot ingress and egress.
C. A directory sign, not exceeding eighteen
(18) square feet in area, is permitted. This directory
sign can not exceed a height of six (6) feet and must
be placed within the building setback area.
D. Non-illuminated identification signs shall be
permitted on the rear door of business establishments,
provided they are limited to three (3) square feet in
area.
E. One (I) real estate sign advertising ``For
Sale~Rem~Lease", may be placed on the premises and
shall not exceed thirty-two (32) square feet in area,
nor six (6) feet in height. One (1) such sign is
permitted for each street frontage.
H. Temporary business identification signs
shall be permitted instead of other wall signs allowed
in this section. One (1) temporary sign for a
maximum of thirty (30) days, can be permitted when
a Certificate of Occupancy has been issued pending
the approval of a sign application if at the time of the
Certificate of Occupancy, an application for a sign
permit has been submitted to the development
department.
Sec. 4. Signs allowed in malls,
The following signs are permitted and regulated
in malls:
A. Exterior building wall signs, one per
exterior wall face of each major department store and
See, 5. Signs allowed in industrial zonin~
districts.
The following signs are permitted and regulated
in industrial zoning districts:
A. One (1) real estate sign advertising "For
Sale/Rent/Lease', may be placed on the premises and
shall not exceed thirty-two (32) square feet in area,
nor six (6) feet in height. One (1) such sign is
permitted for each street frontage.
B. One (1) freestanding sign, not exceeding
sixty-four (64) square feet in area, advertising the use
of the premises. This sign shall be predicated on the
basis of one half(l/2) square foot of sign area for
1997 S-5
12 Boy,ton Beach Code
each one (1) linear foot Of street frontage, with a
maximum height of twenty (20) feet°
C. One (1) or more fixed projecting or fiat
wall sign(s) which advertises the use of the premises,
provided that for the projecting sign, the sign and its
supports shall not extend more than three (3) feet
beyond the face of the wall, nor shall either sign
extend above the parapet of the building or beyond
the building comer. The maximum area for this
signage shall be one (1) square foot of area for each
one (1) foot of linear building frontage.
D. Non-illuminated identification signs shall be
permitted on the rear door of business establishments,
provided they are limited to three (3) square feet in
area.
E. A directory sign, not exceeding eighteen
(18) square feet in area, is permitted. This directory
sign can not exceed a height of six (6) feet and must
be placed within the building setback area.
F. Lots which have uses which front on 1-95
may be permitted additional fiat sign(s) subject'to the
limitations imposed in Article IV, Section 5.C' if the
building is designed to front on 1-95. For purposes
of clarification, fronting in this section means that the
building entrance faces 1-95 and no garage doors are
visible from the Interstate. Additionally, the area
between the use and the Interstate must be landscaped
as if it were fronting on a street.
G. Directional signs, not exceeding four (4)
square feet in area, nor five (15) feet in height, with a
limit of four (4) signs per lot, located at points of
parking lot ingress and egress.
H. Temporary business identification signs
shall be permitted instead of other wall sigr~
permitted in this section. One (1) temporary sign for
a maximum of thirty (30) days, can be permitted
when a Certificate of Occupancy has been issued
pending the approval of a sign application, if at the
time of the Certificate of Occupancy, an application
for a sign permit has been submitted to the
development department.
Sec. 6. Signs in the central business district.
The following signs are permitted and regulated
in the central business district (CBD):
A. One (1) real estate sign advertising 'For
Sale/Rent/Lease", may be placed on the premises and
shall not exceed sixteen (16) square feet in area, nor
six (6) feet in height.
B. One (1) freestanding sign, not to exceed
eighty (80) square feet in area, advertising the use of
the premises. The maximum area for this sign shall
be one (1) square foot of sign area for each one and
one half (1-112) linear feet of street frontage, with a
maximum height of twenty (20)feet.
C. One (1) or more fixed projecting or flat wall
sign(s) which advertises the use of the premises,
grovided that for the projecting sign, the sign and its
supports shall not extend more than three (3) feet
beyond the face of the wall, nor shall either sign
extend above the parapet of the building or beyond
the building comer. The maximum area for this
signage shall be one (1) square foot of area for each
one (1) foot of linear building frontage~
D. Directional signs, not eXCeeding four (4)
square feet in area, nor five ($) feet in height, with a
limit of four (4) signs per lot, 'located at points of
parking lot ingress and egress.
E. Where a covered walkway is present, each
store shall be permitted one (1) under canopy sign not
to exceed three (3) square feet in area, This sign
shall be placed in front of each occupancy under the
covered walkway and shall not be less than ninety
(90) inches from the walkway, with a rigid mounting.
F. Identification signs shall be permitted on the'
rear door of business establishments, provided they
are limited to three (3) squat9 feet in area.
G. Temporary business identification signs shall
be permitted instead of other wall signs allowed in
this section. One (1) temporary sign for a maximum
of thir~ (30) days, can be permitted when a
Certificate of Occupancy has been issued pending the
approval of a sign application, if at the time of the
1997 S-5
Signs
Certificate of Occupancy, an application for a sign
permit has been submitted to the development
deparunent.
Sec. 7. Signs permitted in planned districts.
The following are the general requirements for
signs in planned districts (PUD, PCD and PID); for
specific allowable signage, see the regulations for
each regular zoning district.
A. Purpose and intent. The purpose of this
section is .to encourage continuity for signage in the
planned districts, while allowing for flexibility with
respect to type, color, number, location (exclusive of
setbacks) and design of signs. The general
requirements for each planned district can be found
in. the corresponding regular zoning district in this
sign chapter. The approval of signs in planned
districts require the submission of a sign program for
the entire project as part of the site plan approval
process.
B. Sign program. All requests for approval of
a sign program shall be filed as pan of the original
site plan approval process or as a modification to the
approved site plan. All applications shall be filed by
the sign owner or his agent, with the appropriate fee
and shall describe and set forth the following:
1. The type and number of signs or sign
structures.
2. The area per sign and dimensions of
structures.
3. Thre~ (3) certified copies of the site
plan showing sign location, sign elevations and
construction details, such as materials, colors, wind
resistance requirements and structural details.
4. In addition to the above, one (1) set of
colored sign elevations with all copy shown in the
type style to be used.
1997
13
Boynton Beach Code
Chapter 22
STg~.~TS AND SIDEWALKS
Art. I.
Art. II.
An. HI.
In General
Construction, Repair or Alteration
Street and Easement Abandonment
,,KRTICLE I. IN' GENERAL
Sec. 1. Street designation system.
All streets, avenues or other thoroughfares for
vehicular traffic shall be designated on a numerical
quadrant basis. Such designation shall be vested in
the director of development who may also allocate
secondary street designations at his discretion.
Sec. 2. Minimum right-of-way width.
The City Commission shall not accept any street
right-of-way dedication by plat or by deed or other
instrument unless the right-of-way width and paving
comply with the Land Development Regulations.
occupancy/completion for any improvement exc_,~ ing
70% of its current assessed property valuation, the
owners of all undeveloped lots, platted or unplatted,
and the owners of all plots not subject to platting,
shall construct a sidewaik thereon in co~ormance
with Chapter 6, Article IV, Section 10. T of the Land
Development Regulations. This requirement shall
also apply when a change in occupancy as defined in
the Standard Building Code occurs andior when any
building is reconstructed in an amount which exceeds
seventy (70) per cent of its current assessed valuation.
A. Waiver. Upon the recommendation of the
director of development, sidewalk requirements may
be waived for an individual lot when adequate
pedestrian circulation is provided by bicycle or
pedestrian paths, or where the sidewalk requirement
would not be compatible or in harmony with adjacent/
nearby properties previously developed without side-
walks. An application fee as adopted by resolution of
the City Commission shall accompany applications for
waiver of this section.
(Ord. No. 96-62, § 1, 1-21-97)
Se(:. 3. ~Ainimul~ width of new or rebuilt streets.
The minimum width of paving of all new or rebuilt
streets shall be in accordance with Land Development
Regulations.
Sec. 4. Obstructing streets, prohibited.
It shall be unlawful for any person or the agent or
agents of any person to blockade or obstruct any
street or public way within the city, so as to impede
traffic or pedestrians thereon, or cause any
interference or dangerous obstacles to be placed on or
across any of the streets or public ways within the
city, except that in the Central Business District,
loading zones, dumpsters and compactors and their
enclosures may be situated in the public right-of-way.
(Ord. No. 97-27, § 1, 7-1-97)
Se~. 5. Sidewalks, when r~quirmL
Prior to the issuance of any certificate of
ARTICLE H. CONSTRUCTION, REPAIR
OR ALTERATION
See. 1. Standards.
All work performed in public or private rights-
of-way shall cortform with the current State Depart-
ment of Transportation Standard Specifications for
Road and Bridge Construction.
Sec. 2. Application required; contents.
An applicant for the permit required by Section
7 hereunder shall file with the director of develop-
ment an application showing:
A. Name and address of the owner, or agent in
charge, of the property abutting the proposed work
B. Name and address of the party doing the
work;
1998 S-7 1
2
Boynton Beach Code
C. Location of the work area;
D. Attached plans, or sketch, showing details
of the proposed work;
E. Estimated cost of the work;
F. Such other information as the director of
development shall find reasonably necessary to
determine if a permit should be issued hereunder.
Sec. 3. Permit fees.
Fees for work within rights-of-way shall be as
established by the City Commission from time to
time by resolution. A separate fee is payable for
each curb, sidewalk, curb-cut, driveway or street to
be altered. Sec. 4. Permit issuance.
The director of development shall issue a permit
hereunder when. it is found:
A. That the plans for the proposed operation
have been approved by the City Commission or that
they have been approved in accordance with Land
Development Regulations.
B. That the work will be done according to the
standard specifications of the city for public work of
like character.
C. That the operation will not unreasonably
interfere with vehicular and pedestrian traffic, the
demand and necessity for parking spaces, and the
means of egress to and from the property affected
and adjacent properties.
D. That the health, welfare and safety of the
public will not be unreasonably impaired.
Sec. $. Inspection, approval.
A. A person doing work under this article, or
his agent, shall call for inspection in writing prior to
starting work. The director of development shall
designate the day and hour that the inspection is to be
performed, and an inspector shall be present at the
commencement of the operation so as to review work
in progress. Upon completion of streets, sidewalks or
other public ways, approval shall be required prior to
release of bond.
B. In the event it should be necessary to have
the services of a registered engineer for any inspec-
tion, or technical approvals are deemed necessary by
the director of development, such expenses shall be
borne by the applicant.
C. Inspection and approval of improvements in
new subdivisions shall be in accordance with the
provisions of the Land Development Regulations.
The director of development shall have the
authority to require an applicant to provide adequate
surety to protect and save harmless the city from all
claims for damages or injury to other persons .by
reason of work under his permit. Such surety shall
be equal to one hundred ten per cent (ll0%) of the
estimated value of the project.
Sec. 7. Work within rights-of-way.
A. Permit required; scope. No person shall
begin to construct, reconstruct, repair, alter or grade
in or upon any area of public or private rights-of-way
in the city without first obtaining a permit as provided
in this section. The permit shall entitle the applicant
to work in a maximum of one thousand six hundred
(1,600) linear feet of right-of-way. A separate permit
must be obtained for each additional one thousand six
hundred (1,600) linear feet of work. Where work is
continuous, restoration must be completed on the first
permit before a third permit may be issued. At no
time shall more than two (2) permits be issued for
one location. The permit shall be in the custody of
the foreman ot his designated representative at the
work site.
B. Permit application. An applicant for the
permit required under this section hereunder shall file
with the director of development an application
showing the following:
1997 S-$
Streets and Sidewalks 3
1. Name and address of the contractor
performing the work.
2. Name and address of the person or
company for whom the work is being performed.
3. Location of the work area.
C. Permit fees. Fees shall be as established by
resolution of the City of Boynton Beach and shall
accompany each application for a permit required
under this section.
D. Permit issuance. The director of
development shall issue a p_errnit hereunder when he
finds that the work complies with the provisions of
this Code of Ordinances and Land Development
Regulations. E. Sign required. A sign shall be
displayed at the work site indicating the name and
telephone number of the contractor and the name of
the applicant requesting the work.
F. Safety precautions. Devices used to
safeguard job site and all traffic control techniques
shall conform to the standards set forth in the
Department of Transportation's current manual
Traffic Controls and Safe Practices for Street and
Highway Construction, Maintenance and Utility
Operations.
G. Backfilling. When it is necessary to cut
pavement, the trench must be filled with suitable
material in 12-inch lifts, each lift being compacted to
ninety-five per cent (95 %) of maximum density. The
last 12-inch lift shall consist of two (2) 6-inch layers
of compacted limerock or shell rock.
H. Opening to traffic. At the end of each work
day completed backfill must be covered with asphalt
and opened to traffic. In thc event the final wearing
surface cannot be scheduled, a temporary cold mix
asphalt surface may be used. Temporary asphalt
patches must be replaced with the final pavement
within twenty (20) calendar days. Before final
asphalt is placed, pavement edges shall be cut out
with a saw along smooth, straight, uniform-lines to
provide a proper connection between old pavement
and new pavement.
I. Guarantee of pavement. All pavement
replacement work within rights-of-way shall be
guaranteed by the contractor for one year, and any
failure or problems developing due to the construction
or reconstruction of the pavement will be the
responsibility of the contractor, to be repaired by him
as directed by the director of development at no cost
to the city.
$. Work in improved parkways. When
working in improved parkways, the applicant shall
furnish written notification of the proposed
construction to adjacent property owners prior to
construction. The restoration of the parkway areas
shall be at least equal to the condition of the parkway
prior to the construction. The restoration shall be
completed within five (5) working days from the time
the area has been backfilled.
K. Replacement of sidewalks, curbs and
driveways. Sidewalks, curbs and driveways, if
removed' for construction, shall be replaced in
accordance with city standards, and no pavement shall
be placed without prior inspection of forms and
excavation by the director of development.
L. Compacting surrounding area. All
backfilled areas within six (6) feet of pavement shall
be compacted/stabilized to meet a minimum Florida
Soil Bearing Value of 30 P.S.I.
M. Cleanup. Firml restoration shall include
removal of all construction rubble and din mounds
from the area and removal of all dirt and dust caused
by the construction from pavement.
N. Planting in swales and rights-of-way.
Limited non, invasive planting may be allowed in
swales and/or rights-of-way subject to the following
conditions:
1. Planting cannot significantly interfere
with maintenance of existing utilities, and;
2. Layout with respect to plant material,
location and size at maturity must be acceptable to
both the city forester and the director of development,
and;
1997 5-5
4
Bo~nton Beach Code
3. Planting must be consistent with
Florida Department of Transportation, Palm Beach
County and City of Boynton Beach regulations.
If planting is allowed and installed within
swales and/or rights-of-way, the adjacent property
owner assumes total responsibility for repairing/
restoring the swale/right-of-way to mits original
condition if the swale/right-of-way is disturbed for
installation and/or repair of utilities either already in
place or constructed in the future. The property
owner also assumes the maintenance responsibility for
the swale/right-of-way as stipulated in the LandScape
Code (Chapter ?.5, Article-II, Section 5, Paragraph
-
O. Neighborhood Identification Signs.
Identification signs for residential neighborhoods may
be allowed in city-owned right-of-way subject to the
following conditions:
1. Sign --does not 'interfere with
maintenance of existing utilities, and;
2. Sign does not interfere with vehicular
visibility standards, and;
3. Sign is in conformance with this
Chapter, Article IV, Section 1, Paragraph B, and;
4. Application is submitted by an
incorporated association which represents the
neighborhood and which completes an agreement to
remove the sign upon demand by the City, and;
5. All appropriate provisions of this
Chapter, Article II, Section 7 entitled, Work within
rights-of-way, as well as Chapter 21, Signs, and
Chapter 2, Zoning.
(Ord. No. 96-62, § 2, 1-21-97)
the vacation and abandonment of city streets, alleys,
special purpose easements and other nonfee interests
of the city; to designate those individuals who shall
have the responsibility for the processing of such
applications; and to provide the methods and
procedures for processing said applications.
Sec. 2. Application/submission.
All requests for vacation and/or abandonment of
city streets, alleys, special purpose easements and
other nonfee interests which the city may have in real
property shall be in writing and executed in triplicate
by thc party or parties requesting the same. The
application shall be filed with the city clerk and shall
include, but not be limited to, the following:
A. The name and address of the applicant or
applicants.
B.' A complete and accurate legal description of
the street, alley, special purpose easement or other
nonfee interest of the city or any portion thereof
sought to be abandoned or vacated. Where possible,
the legal description shall be accompanied by a plat,
map or drawing showing the general area involved
and the location of the specific property interest to be
abandoned or vacated.
C. Whether title or interest of the city and the
public in ~ to the property sought to be abandoned
or vacated was acquired by deed, dedication or
prescription, and if recorded in the public records, the
book and page number thereof.
D. The reason for the request of the
abandonment or vacation.
E. The names and addresses of the owners and
occupants of abutting real property.
ARTICLE hi. STREET AND EASElV[ENT
ABANDONM rr
The purposes of this article are to establish
uniform procedures for the application to the city for
F. Certification that the property was not
acquired or dedicated for state or federal highway
purposes and will not adversely affect other property
owners or unreasonably limit access to their property,
G. Verification from each affected or
potentially affected utility company that they have no
interest in the vacation/abandonment, or, if they have
1997 S-5
Psrking ~ 5
illumination (in foot candles) at roadway surface;-
certification of compliance with the Standard Building
Code and capacity to withstand a 1 I0 m.p.h, wind
load; and proposed conduit routing.
b. Pedestrian lighting. Walkways
connecting parking lots ~o buildings or walkwi~,s
between buildings shall be lit in such a manner as to
provide a safe environment.
c. Glare. Lighting shall be designed
and in.stalled in compliance with LDR Chapter 2,
Section 4, Paragraph NT.
B. Traffic control -
1. Plan. Each parking lot traffic plan
shall provide for stop signs at exits, directional
arrows, internal traffic signs and information signs
where appropriate. It is intended by these regulations
that the applicant retains the responsibility for the
proper and efficient movement Of traffic onto and/or
through the site and that additional signing may be
required to accomplish the safe movement'of traffic.
The location and type of traffic control devices shall
comply with city standards.
2. Signing and marking. All traffic
signing and pavement marking shall comply with the
U.S. Depa~i~,ent of Transportation Federal Highway
Administration Manual on Uniform Traffic Control
Devices. Particular attention is directed toward
Section 2A, which contaim sign design, shape, color,
mounting height and other conditions. Fire lane
signs shall be maximum fifty ($0) feet apart; fire lane
curbing shall be painted reflective yellow; tim words
Fire Lane shall be painted in three (3) foot high
letters {four (4) inch brush stroke} every fifty (50)
feet using white traffic pnint; and No Stopping or
Standing signs shall be posted.
D. Irrigation. Each parking lot shall be
irrigated consistent with Chapter 7.5, Article H,
Landscape Code, or in the instance of the central
business district, Chapter 7.5, Article lIl, Landscape
Code.
E. Curbs and car stops. Landscaped areas in
parking lots shall be protected from the encroachment
of vehicles by a continuous, raised curb, or in the
instance of a parking stall, by a wheel stop or a raised
continuous curb. Areas to be protected include all
landscaped islands, landscaping adjacent to parking
stalls and landscaping adjacent to curvilinear drive-
ways where encroachment is likely to occur. Curb
shall extend six (6) inches above pavement and shall
comply with city standards utilizing twenty-five
hundred (2500) psi concrete.
F. Drainage. Storm water shall be contained
on site. Containment capacity shall be designated for
a minimum of two and one-half (2.5) inches of rain-
fall in one (1) hour. Drainage structures and french
drains shall comply with minimum city standards or
standards of the South Florida Water Management
District. Catch basins shall be located in grassy areas
unless otherwise approved by the director of develop-
ment. For impervious areas exceeding twenty-five
thousand (25,000) square feet, the parking lot and
facilities shall be designed and certified by a Florida
registered engineer. Maximum storage capacity of
soil shall be considered at the rate of one (1) inch of
water for each six (6) inches of soil above the water
table. Drainage calculations are required in all
instances. The hydraulic conductivity of soil shall be
determined with tests made at the site using test
procedures recommended by the South Florida Water
Management District or other procedures which have
been approved by the director of development.
C. Landscaping. Each parking lot shall be
landscaped consistent with Chapter 7.5, Article fl,
Landscape Code, or in the instance of the central
business district, chapter 7.5, Article IH, Landscape
Code.
H. Driveway.
1. Width. Parking lot driveways shall be
a minimum width of twelve (12) feet for one-way
drives and twenty (20) feet for two-way drives, at the
1998 S-7
Co~ I~dex 35
POLICE DEPARTMENT-.Cont'd
Pensions for police officers
Accounting, 18-171
Application, 18-164
Average final compensation defined, 18-168
Compensation, limitation on, 18-174
Contributions, 18-170
Direct transfers of eligible rollover distributions, 18-172
Disability retirement benefits, 18-167
Eligibility for general employees' pension plan, 18-172
Investment advisors, 18-166.$
Investments, 18-166
Monthly retirement income, 18-165
Normal retirement date, 18-169
Social s~curity for policemen, 18-19 et seq.
Social security. See also that title
Solicitors and canvassers; duty of police to enforce, 17-20
POLLING PLACES
Designation of, 2-44
POLLUTION
Parks and recr~tion; pollution of water, 16-26
Stormwater system, 26-300 et seq.
Water and sewers. See that title.
POOLS.
Swimming pools and spas, Pt. IH, Ch. 20, Art. IX
POULTRY
Generally, 4--19
Animals and fowl.
See also that title.
PROPERTY
Abandoned property, 10-50 et seq.
Abandoned property. See that title
Animals and fowl; nuisance by property, 4-13
Certain ordinances not affected by code, 1-8
Dogs; damaging property of another, 4-33
Garbage and trash. See also that title
Inspection of land to determine violation, 10-4 et seq.
Graffiti, 15-18
Landscape code. See that title.
Minimum standards for appearance ~ maintenance, 15-120
Personal property, defined, 1-2
Private property
Newsracks located on; written permission, 15-86
Taxation; excise tax on property insurers, 23-3
Trailers; parking on private property, 25-6
1998 S-7
Parians t ts
7
(15,000) square feet or greater shall have fire lanes
along the front of all buildings which shall allow
efficient access to the fronts of buildings by fire
protection vehicles. Fire lanes shall have a minimum
pavement width of twenty-two (22) feet. Fire lanes
shall not be encumbered by parked vehicles,
including commercial vehicles, and shall not be used
for the loading or unloading of commercial vehicles.
Additionally, fire lanes shall be clearly marked with
signs and striping or a combination of both, which
shall comply with thin chapter.
R. Stacic~ng space at drive-up openings. Drive-
up openings through which food is passed shall be
served by a drive-through lane which provides a
minimum of seventy (?0) feet of vehicular stacking
space which does not obstruct or restrict in any way
the free movement of emergency vehicles, service
vehicles or any other type of vehicles. See also
Chapter 9, Section 1 l, paragraph H.
(Ord. No. 9663, §§ 4, 5, 6, 7, 1-21-97; Ord. No.
9%28, §§ 1, 2, 7-1-97)
N. Parcel pickup or customer dropoff lanes.
Parcel pickup or customer dropofflanes are permitted
outside of the fire lane, if these lanes comply with
city standards.
O. Parking lot maintenance. Parking lots in
the city shall be maintained so as to not be a nuisance
or hazard to the public, including portions of
driveways which lie in the fight-of-way.
P. Sidewalks. Street sidewalks adjacent to
parking lots shall be continuous through all drive-
ways; shall be six (6) inches thick within driveway
and shall meet handicap code requirements.
Q. Parking lot pavement. Six (6) inches of
Palm Beach County approved shell or lime rock on
a twelve (12) inch sub-grade compacted to 98% of
maximum dry density u determined by AASHO
T-180. Shell rock shall have a retention of 501~ over
a number four sieve and shall have a minimum
calcium carbonate content of 40~ and a minimum
modified proctor of 120 lbs. If lime rock is used, it
shah meet the requirements of the current D.O.T.
specifications for road and bridge construction. The
compacted bue shall be primed and paved with one
inch of compacted Type S-H or S-III asphalt in
compliance with F.D.O.T. standards.
Other types of construction that may be sub-
mitted for approval are portland cement concrete,
paving blocks, and stabilized sod.
1998 S-7
Code
33
PERMITS. See: Licenses and Permits
PERSON
Defined, 1-2
PERSONNEL
Personnel and equipment organizational chart adopted, 2-1
Personnel policy manual adopted by reference, 2-151
PICNICS
City parks and beaches; places for picnics, 16-54 et seq.
Parks and recreation. See also that title.
PLANNED UNIT DEVELOPMENTS (Pt. HI, Ch.~ 2.$)
Definition, 2
Intent and purpose, 1
Internal PUD standards, 9
Locational standards for PUD's, 8
Minimum land areas for PUD, 5
Nomenclature, 3
Plan modification, 12
Preliminary and f'mal development plans, 11
Procedures for zoning of land to PUD, 10
Relation of land use intensity (LUI) ratings to regulations, 4
Unified control, 6
Uses permitted, ?
Zoning administrator, 13
PLANNING AND DEVELOPMENT
Additional authority, functions, powers, and duties, as assigned by the City Commission, Pt. HI, Ch. 1.5,
An. I, § 4.2
Advisory authority, functions, powers and duties, Pt. HI, Ch. 1.5, Art. I, § 4
Authority granted by the City Commission, Pt. HI, Ch. 1.5, Art. I, § 4.3
Commission designated statutory planning agency, Pt. HI, Ch. 1.5, Art. I, § 5
Commtmity. design plan. See: Community Design Plan
Comprehensive plan adopted; authority, purpose, preemption, Pt. HI, Ch. 1.5, Art. I, § ?
Concurrency requirements (pt. HI, Ch. 1.5, An. VI) Administration of article, § 8
Adoption of methodology for determining whether concurrency requirements are met, § ?
Applicability, § 2
Categories of development orders and permits, § 4
Certification of concurrency or exemption upon request, § 14
Concurrency review board, § 11
Exemptions, § 10
Minimum levels of service adopted for public facilities, § 5
Procedures for certification or conditional certification of concurrency, § 9
Public facilities shall be available for development projects consistent with adopted levels of
service, § 6
Short title, authority, intent and purpose, § I
1998 S-8
Chapter 23
PARKING LOTS
Art. I. In General
Art. II. Required Improvements
ARTICLE I. IN GENERAL
Sec. 1. Purpose and objectives.
A. Purpose.
The purpose of this chapter is to provide a
set of regulations to govern the design construction
and maintenance of parking lots within the City of
Boynton Beach. It is intended that these regulations
provide a minimum set of standards to be followed
when parking lots are constructed in order to protect
the health, safety and welfare of the public.
Furthermore, the City of Boynton Beach recognizes
the relationship of these regulations to the goals and
objectives of the comprehensive plan.
B. Objectives.
The objectives of these regulations include,
but are not limited to, the following:
1. To provide a maximum degree of
safety and protection for the public through the
orderly design of parking lots;
2. To provide for a standard for
construction which results in a relatively durable and
nuisance free parking lot;
3. To reduce the negative environmental
impacts which may result from parking lot
construction;
4. To provide for storm water retention
on site;
5. To provide for parking lots which are
constructed in such a manner that the physically
handicapped are not discriminated against; and
6. To permit the land owner to benefit
from his ownership by providing for orderly parking
1997 S-5
lot design and construction consistent with the public
health, safety and welfare.
(Ord. No. 96-63, § 1, 1-21-97)
Sec. 2. Scope.
These regulations shall be applicable to all
permanent parking lots constructed or reconstructed
in the city. In order to clarify the applicability of
these regulations, compliance is required under any of
the following conditions:
A. When a parking lot serves an existing
building(s) where said building(s) is proposed to be
enlarged or when an additional building(s) is proposed
to be constructed;
B. When a change in building occupancy
occurs as defined in the Standard Building Code;
C. When a change in use occurs which results
in additional parking being required as noted in
Chapter 2, Section 11.H.16 of these Land
Development Regulations;
D. When compliance with the landscaping code
is required;
E. Reserved;
F. When an existing parking lot is expanded by
twenty-five (25) per cent or more in parking stalls
beyond what was originally approved; and
G. When any new parking stalls, driveways,
access aisles or parking lots are proposed, these
newly constructed areas must comply with the
requirements of this chapter.
Sec. 3. Exemptiom and variances.
A. Exemptions.
These regulations shall not be applicable
under the following conditions:
Code Inde~ 31
PARKS AND RECREATION--Cont'd
Dots
Prohibited in city owned park or recreation area, 4-33
Recreation and parks director
Hours of operation at parks and beaches established by, 16-19
Regulations enforced by, 16-22
Recreational and park fund established
Expenditures, 16-6
PARTNERSHIPS
Persons defined to include, 1-2
PEDDLERS AND SOLICITORS
Canvassers. See within this title: Solicitors and Canvassers
Charitable solicitations
Amendments to application
Additional solicitation, 17-43
Applicability, 17-34
Behavior, restrictiom on, 17-44
Definitions, 17-36
Fees, 17-39
Penalty, 17-45
Permit
Application, 17-38
Contents, 17-42
Expiration, 17-42
Granting, 17-40
Nontransferable, 17-42
Refusal to grant permit
Appeal, 17-41
Required, exceptions, 17-37
Terms, 17-42
Purpose, 1%35
City parks and beaches; soliciting prohibited, 16-42
Fingerprints required, 17-1
Identification card required
Re,registration; fee, 17-2
Noise control, 15-8 et seq.
Noise. See that title
Photo required, 17-1
Registration, photo and fingerprints required, 17-I
Solicitors and canvassers
DeEmed, 17-13
Duty of police to enforce, 17-20
Liceme required, 17-14
Permit required, 17-14
Action on application, 17-17
Appeals, 17-23
Application, 17-15
Application fee, 17-16
1998 5-7
and purpose of this chapter, will not be injurious to
the neighborhood, or otherwise detrimental to the
public welfare; and
agent, shall submit an application which shall include,
but not be limited to, information and materials as
follows:
d. That a recommendation has been
reviewed by the technical review committee of the
City of Boynton Beach, and that the recommendation
has been made a part of the public record.
4. Conditions. In granting a variance, the
city Commission may prescribe appropriate
conditions and safeguards in order to conform with
the intent of this chapter. Violation of such
conditions and safeguards, when made a part of the
terms under which the variance is granted, shall
cause the variance to become null and void.
(Ord. No. 9663, § 2, 1-21-97)
S~. 4. ~[|n|mllm standards.
1. Permit fee;
2. A sealed survey, not older than six (6)
months which shows existing elevations and/or
contours; existing easements or other encumbrances;
existing structures and trees; and other topographical
features. In addition, the survey must show
elevations of adjacent properties and rights-of-way;
right-of-way widths of adjacent roadways; paving;
sidewalks; elevations; utility lines; and other features;
3. Location of parking and loading
facilities including calculations for the number of
parking stalls required and the number of parking
stalls provided, and the location of handicap parking
stalls, signs and access ramps;
All areas proposed for parking or storage
including those instances exempted in Section :3
hereinbefore shall be improved to provide a hard,
dust-free surface acceptable tO the director of
development.
(Ord. No. 96-63, § 3, 1-21-97)
4. A cross-section of the materials to be
used in the construction of the parking lot;
5. A parking lot layout including striping;
6. Proposed site plan;
Sec. $. Permitting.
A. When required.
A permit shall be secured from the director
of development prior to the construction of any
parking lot. The issuance of a permit shall not
relieve any party from obtaining the necessary
permits which may be required by the various state,
federal or local governmem agencies which have
jurisdiction over the proposed construction,
including, but not limited to, permits for paving and
drainage, lighting and irrigation. Final inspections of
the parking lot for compliance with this chapter and
other city code requirements and standards are
required prior to the issuance of a certificate of
occupancy.
B. Permit application.
In connection with a request for a permit to
construct a parking lot, the owner, or his authorized
7. Parking lot lighting plan, including the
location of lighting standards, pole types, luminaire
types, illumination levels, direction of lighting and
type of activating mechanism;
8. Certified statement of conformance with
Chapter 22, Streets and Sidewalks, of the City of
Boynton Beach Land Development Regulations;
9. Location of existing and proposed
streets to include ultimate rights-of-way. Dedication
or right-of-way is required in conformance with the
city and county comprehensive plans;'
10. On-site traffic plan including arrows
and traffic signs;
11. Landscaping plan and tree preservation
plan consistent with current city codes;
1997
Code Index 29
PARKS AND RECREATION--Cont'd
Board created--Cont'd
Officers, 16-3
Powers, 16-5
Qualifications, 16-1
Terms, 16-1
Vacancies, 16-2
Boats and boating
Boat club park, establishing hours of use at, 16-60
C-16 Canal (Pioneer Park) speed restriction on, 16.93.1
Enforcement, 16-95
'Fueling or refueling of watercraft prohibited, 16-94.5
Intracoastal waterway
Wooden overlook at terminus of Casa Loma Boulevard
Mooring or docking at, 16.94.5
Mufflers required, 16-94
Overnight boat docking prohibited, 16-59
Recreational vehicles, boats and boat trailers, 20-1 et seq.
Recreational vehicles, boats and boat trailers. See also that title
Speed causing.harmful wake, 16-93
Boynton Canal and abutting property
Use prohibited, 16-7
City parks and beaches
Conduct regulated
Alcoholic beverages permitted only at designated places
Sale; drunkenness, 16-38
Animals prohibited, 16-39
Boat club park, establishing hours of use at, 16-60
Boat docking overnight prohibited, 16-59
Camping, 16.57
Closed areas; entering, using, 16-45
Disorderly conduct, 16-46
Dogs prohibited in city owned park or recreation area, 4-39
Dressing and undressing, 16-52
Explosives, 16-40
Fireplaces and picnic areas, use of, 16-55
Fires permitted only in designated areas
Dropping inflammable material, 16-43
Fireworks, 16-40
Fixtures; standing or sitting on, 16-48
Gambling, 1~ 4~.
Games allowed only in designated areas, 16-58
Hunting, 16-53
Lounging, 1646
Picnic area
Regulation authorized, 16-54
Refuse, 16-49
Rest rooms, cooperation in keeping clean, 16-47
Sleeping, 16-46
Soliciting prohibited, 16-42
Parl~ng Lot~ 5
illumination (in foot candles) at roadway surface;
certification of compliance with the Standard Building
Code and capacity to withstand a 110 m.p.h, wind
load; and proposed conduit routing.
b. Pedestrian lighting. Walkways
connecting parking lots to buildings or walkways
between buildings shall be lit in such a manner as to
provide a safe environment.
c. Glare. Lighting shall be
designed and installed in compliance with LDR
Chapter' 2, Section 4, Paragraph NT.
Traffic control
1. Plan. Each parking lot traffic plan
shall provide for stop signs at exits, directional
arrows, internal traffic signs and information signs
where appropriate. It is intended by these regulations
that the applicant retains the responsibility for the
proper and efficient movement of traffic onto and/or
through the site-~d that additional signing may be
required to accomplish the safe movement of traffic.
The location and type of traffic control devices shall
comply with city standards.
2. Signing and marking. All traffic
signing and pavement marking shall comply with the
U.S. Department of Transportation Federal Highway
Administration Manual on Uniform Traffic Control
Devices. Particular attention is directed toward
Section 2A, which contains sign design, shape, color,
mounting height and other conditions. Fire lane
signs shall be maximum fifty (50) feet apart; fire lane
curbing shall be painted reflective yellow; the words
Fire Lane shall be painted in three (3) foot high
letters {four (4) inch brush stroke} every fifty (50)
feet using white traffic paint; and No Stopping or
Standing signs shall be posted.
C. Landscaping. Each parking lot shall be
landscaped consistent with Chapter 7.5, Article II,
Landscape Code, or in the instance of the central
business district, chapter 7.5, Article IH, Landscape
Code.
D. Irrigation. Each parking lot shall be
irrigated consistent with Chapter 7.:5, Article II,
Landscape Code, or in the instance of the central
business district, Chapter 7.5, Article III, Landscape
Code.
E. Curbs and car stops. Landscaped areas in
parking lots shall be protected from the encroachment
of vehicles by a continuous, raised curb, or in the
instance of a parking stall, by a wheel stop or a raised
continuous curb. Areas to be protected include all
landscaped islands, landscaping adjacent to parking
stalls and landscaping adjacent to curvilinear
driveways where encroachment is likely to occur.
Curb shall extend six (6) inches above pavement and
shall comply with city standards utilizing twenty-five
hundred (2500) psi concrete.
F. Drainage. Storm water shall be contained
on site. Containment capacity shall be designated for
a minimum of two and one-half (2.5) inches of
rainfall in one (1) hour. Drainage structures and
french drains shall comply with minimum city
standards. Catch basins shall be located in grassy
areas unless otherwise approved by the director of
development. For impervious areas exceeding
twenty-five thousand (25,000) square feet, the parking
lot and facilities shall be designed and certified by a
Florida registered engineer. Maximum storage
capacity of soil shall be considered at the rate of one
(1) inch of water for each six (6) inches of soil above
the water table. Drainage calculations are required in
all instances. The hydraulic conductivity of soil shall
be determined with tests made at the site using test
procedures recommended by the South Florida Water
Management District or other procedures which have
been approved by the director of development.
G. Reserved.
H. Driveway.
1. Width. Parking lot driveways shall be
a minimum width of twelve (12) feet. for one-way
drives and twenty (20) feet for two-way drives, at the
right-of-way line. Maximum width of any drive at
the right-of-way line shall be thirty-two (32) feet,
unless otherwise approved by the director of
development.
2. Drive radii. Each parking lot driveway
shall have a radius at the intersection of the vehicular
1997 S-5
Code Index 2'/
NOISE--Cont'd
Penalty for violations, 15-8.7
Prohibited acts, 15-8.5
PurpOse and scope, 15-8.1
Short title, 15-8
Sound levels by receiving land use category, 15-8.8
Standards, 15-8.2 '-
Terminology, 15-8.2
NON-SMOKING POLICY
Non-smoking areas, 15-19
NUISANCES
Garbage, nuisance abatement provisions re, 10-4 et seq.
Garbage and trash. See that title
Nuisance abatement
Board
Conduct of hearing, 15-115
Created; organization, 15-113
Fines for noncompliance with orders, 1~-115.5
Duration of lien, 15-115.5
ProceSsing of complaints, 15-114
Definitions, 15-112
Judicial review, 15-116
Rights preserved, 15-117
Title, 15-111
NUMBER
Def'med, 1-2
0
OATH
Defined, 1-2
OBSCENITY. See: Indecency and Obscenity
ODOR
Animals and fowl; nuisance by odor, 4-13
OFFENSES
Failure to respond to lawful process, 15-4
Obstruction of passageways, 15-9
State misdemeanors, adoption, 15-1
OFFENSIVE CONDITIONS
Garbage and trash, 10-1 et seq.
Garbage and trash. See also that title
1998 S-9
O. Parking lot maintenance. Parking lots in
the city shall be maintained [so as to not be a nuisance
or hazard to the publici including portions of
driveways which lie in the right-of-way.
P. Sidewalks. Street sidewalks adjacent.lo
parking lots shall be continuous through all
driveways; shall be six (6) inches thick within
driveway and shall meet handicap code requirements.
Q. Parking lot pavement. Six (6) inches of
Palm Beach County approved shell or lime rock on
a twelve (12) inch sub-grade compacted to 98% of
maximum dry density as determined by AASHO T-
i80. Shell rock shall have a retention of 50% over
a number four sieve and shall have a minimum
calcium carbonate content of 40% and a minimum
modified proctor of 120 lbs. If lime rock is used, it
shall meet the requirements of the current D.O.T..
specifications for road and bridge construction. The
compacted base shall be primed and paved with one
inch of compacted Type S-II or S-III asphalt in
compliance with F.D.O.T. standards.
Other types of construction that may be
submitted for approval are portland cement concrete,
paving blocks, and stabilized sod.
R. Stacking space at drive-up openings. Drive-
up openings thru which food is passed shall be served
by a drive-thru lane which provides a n~inimum of
seventy (70) feet of vehicular stacking space which
does not obstruct or restrict in any way the free
movement of emergency vehicles, service vehicles or
any other type of vehicles. See also Chapter 9,
Section 11, paragraph H.
(Ord. No. 96-63, §§ 4, 5, 6, 7, 1-21-9'/)
7
1997 S-5
Code Index 25
LOCAL IMPROVEMENTS
Certain ordinances not affected by Code, 1-8
LOUDSPEAKERS
Noise comroI, 15-8 et seq.
Noise. See that title.
M
MANAGER. See: City Manager
MAPS
Numbers
Mandatory street numbers of all buildings; establishment, 15-16(0
MASTER PLAN REVIEW (Pt. III, Ch. 3)
Administration, Art. I, § 3
Appeals, Art. I, § 4
Applicability, Art. II
Exemption to master planning, 2
Master planning required, 1
Waiver of master planning, Art. II, § 3
Approval, Art. I, § 5
Master plan preparation and submission, Art. IV
Master plan content, 3
Preparation, 1
Submission, 2
Technical review, 4
Preapplication conference, Art. III Procedure, 2
Written preapplication, 1
Prerequisites to master plan, Art. I, § 2
Purpose, Art. I, § 1
MAYOR
Offices and titles of mayor and vice mayor retained, 2-1.1
Vice-mayor; duties and official designation, 2-9
MEDICINES. See: Drags and Medicines
MINORS
Children and youth advisory board
Created, 2-116
Duties, 2-117
Meetings, 2-120
Organization, 2-119
Powers, 2-122
Recommendations, 2-118
1998 S-9
CHARTER INDKX
A
ABANDONED VEHICLES
Impounding, sale, redemption
Disposition of proceeds, 7.1
ADMINISTRATIVE OFFICERS
Administrative officers, departments and agencies, 49(a)
Penalty for violation, 49(d)
!
AGENCIES. See: Departments and Other Agencies of City
AGREEMENTS. See: Contracts and Agreements
AIRPORTS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
ALCOHOLIC BEVERAGES
General powers of the city enumerated, 7(17)
ALLEYS
General powers of the city enumerated; improvements of streets, bridges, etc., 7(8)
AMUSEMENTS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
ANIMALS AND FOWL
Carcasses of dead animals
--General powers of the city enumerated; sewage and garbage disposal, 7(12)
General powers of the city enumerated, 7(13)
ANNEXATION
General powers of the city enumerated, 7(32)
Contiguous municipality, 7(33)
ARTESIAN WELLS
General powers of the city enumerated; maintenance of public utilities, 7(8)
ASHES
General powers of the city enumerated, 7(1)
General powers of the city enumerated; sewage and garbage disposal, 7(12)
Special assessments
General powers of the city enumerated, 7(4)
ASSESSMENTS
Public improvements and assessments. See that title
ATTORNEY. See: City Attorney
Code l~dex 24A
LITTER
Defined, 1:5-26
Gutters, sweeping or depositing into, 15-28
Private property, 1:5-31
Prohibited generally, 1:5-27
Public places, sweeping or depositing into, 1:5-28
Scattering of loads, prevention of, 1:5-33
Vacant property, 1:5-32
Vehi¢Ies, throwing from, 1:5-29
Water, throwing or depositing in bodies of, 15-30
LIVESTOCK
Generally, 4-19
Animals and fowl.
See also that title.
LOADING AND UNLOADING
Noise control, 15-8 et seq.
Noise. See that title.
LOCAL HOUSING ASSISTANCE PROGRAM, Part IH, Ch. 20, Art. VHI, § 3
1998 S-9
Cluu'ter lnde~ 3
BONDS
General powers of the city enumerated; revenue bonds, 7(24) et seq.
Police chief; bond, 70
Revenue and taxation, 73 et seq.
Revenue and taxation. See also that title
Revenue bonds (general powers of the city enumerated)
As special city obligation, 7(26)
Fiscal agent, 7(28)
Full authority, 7(29)
Installment sales, 7(25)
Lien, 7(26)
Outstanding bonds, computation of, 7(80)
Payment, 7(24)
Prohibitions repealed, 7(3 I)
Purposes, 7(24) _
Recourse against general fund, payment, 7(27)
Security, 7(26)
BOULEVARDS
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
BOUNDARIES _
Generally, 6
Greater Boynton Beach Area
BoUndaries and territory of, 6A
BREAKWATERS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
BRIDGES
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
BUILDINGS
Building condemnation
General powers of the city enumerated, 7(20)
BULKHEADS
General powers of the city enumerated; docks, wha.r~es, sidewalks, etc.; buildings condemnation, 7(20)
BUTCHER PENS
General powers of the city enumerated; nuisances, trash, weeds, sanitation, etc., 7(13)
CANALS
General powers of the city enumerated, 7(10)
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
CARRIAGES
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
M General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18)
1~)8 S-8
Code Index 23
LANDSCAPE CODE--Cont'd
Central business district landscape code--Cont'd
Performance surety, 6
Purposes, 2
Short title, 1
Construction of language and definitions, Art. II, § 3
Declaration of purpose and intent, Art. H, § 2
Enforcement of code regulations and provisions; violations, penalties and other remedies, Art. II, § 10
Landscape plan approval, An. II, § 6
Landscaping requirements for certain yard areas and off-street parking and other vehicular use
areas, Art. H, § 4
Particular requirements, An. II, § S
Performance surety, An. II, § 7
Short title, Art. II, § 1
LIBRARIES
Acts prohibited; penalty, 12-?
Board created, 12-1
By-laws, 12-3
Compensation, 12-2
Duties, 12-4
Meetings, 12-5
Membership, 12-1
Organization, 12-2
Powers, 12-4
Qualifications, 12-2
Quorum, 12-3
Regulations, 12-3
Removal of members, 12-6
Rules, 12-3
Terms, 12-1
Vacancies, 12-1
LICENSES AND PERMITS
Alarm system operating permit, 2.$-3 et seq.
Alarm systems. See that title.
Application for license, 13-/
Certain ordinances not affected by Code, 1-8
Charitable solicitation; permit, 17-37 et seq.
Peddlers and solicitors. See that title.
City parks and beaches; permits re, 16-20 et seq.
Parks and recreation. See that title.
Classification and fee schedule, 13-4
Administrative remedy to challenge, 13-6
Code enforcement, 13-17
Coin-operated vending machines, 13-24
Community antennae system~; installation and maintenance, '/-42
Conflict with statue, 13-3
Contractors, registration and regulation of, 13-21
1998 S-7
Charter Index
5
CITY COMMISSION--Cont'd
City manager, supervision by, 49Co)
Penalty for violation, 49(d)
Codification of ordinances
Authority, publication, 33
Commission/manager integration, 49(c) .-
Commission members, when to assume office, 15
Committee designation, 19
Compensation, 55
Contracting, authority
ExecutiOn, attestation and seal, 21
Election of councilman
Support by person connected with city government prohibited, 140
Expulsion of members, 18
Filling vacancy on, 5-t
Fines, 18
Fire limits, erection and repair of buildings within, 35
General ordinance enactment power
Enforcement, penalties, 27
Insurance plan, 20
Judges of own qualifications, rules of procedure, 18
Meetings --
Date of regular meetings, 22
Frequency, 22
Merit system for personnel; classified and unclassified service, 72.1
Money, borrowing
Maximum issuance of notes, 37
Offices
Authority to create and abolish, 23
Penalties, 18
Pension plan, 20
Qualifications of members
Forfeiture of office, 16
Quorum, 18
Revenue and taxation; report of taxes collected by collector
Final report to council, 129
Salaries to be fixed by resolution, 20
Special and regular meetings
Rules of procedure; minutes, inspection of, 56
Utility franchises authorized
Effective annexation on franchise, 31
Rights in city when franchises granted, 32
CITY MANAGER
Absence, 72.13
Administrative officers, departments and agencies, 49(a)
Penalty for violation, 49(d)
City manager, supervision by, 49(b)
Penalty for violation, 49(d)
1998 S-8
INDECENCY AND OBSCENITY
Animals and fowl; indecent exhibitions, 4-9
INDUSTRY
Industrial sewage, 26-59 et seq.
Water and sewers. See that title.
INOPERABLE MOTOR VEHICLES. See: Abandoned Property
INSURANCE
Casualty insurers, excise tax on, 23-3
Community antenna television services
Franchises; insurance policy, 7-30
Fire insurers, excise tax on, 23-3
Newsrack liability requirements, 15-85
Signs; liability insurance required, 21-12
Taxicabs; liability insurance required, 24-8
Tornado insurers, excise tax on, 23-3
J
JUNK AND JUNKYARDS
Automobile graveyards, requirements for, 11-2
Definition, 11-1
Existing junkyards, requirements for, 11-2
Screening
Specifications for, approval of, 11-3
JUNK DEALERS
Dealing with minors, 15-7
JUNKED VEHICLES. See: Abandoned Property
K
KNIVES
Switchblade knives, 15-12
L
LAND (General regulations)
Environmentally sensitive lands, Pt. HI, Ch. 7.5, An. IV
Environmental regulation. See that title.
Garbage and trash. See that title.
Inspection of lands to detenni~ violation, 10-4 et seq.
LAND DEVELOPMENT REGULATIONS
(Note-Sections contained within this title refer to sections found within Part III)
Buildings, housing and construction regulations. See: Buildings, Housing and Construction Regulations
1998 S-7
Charter Index 7
D
DAIRmS
General powers of the city enumerated; nuisances, trash, weeds, sanitation, etc, 7(13)
DAY LABORERS
Merit system for personnel; classified and unclassified service, 72.1
DEMOLITION
General powers of the city enumerated; docks, wharves, sidewnlks, etc.; buildings condemnation, 7(20)
DEPARTMENTS AND OTHER AGENCIES OF CITY
Administrative officers, departments and agencies, 49(a)
Penalty for violation, 49(d)
City commission. See that title
City manager, supervision by, 49(b)
Penalty for violation, 49(d)
General powers of the city enumerated; revenue bonds, 7(24) et seq.
Interference with administration, 49(c)
Penalty for violation, 49(d)
Police deparanent. See that title
DILAPIDATED DWELLINGS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
DOCKS
General powers of the city enumerated, 7(10), 7(20)
General powers of the city enumerated; acquisition of property for utilities, 7(2)
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)'
DRAINS
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
DRAYS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18)
EASEMENTS
General powers of the city enumerated, 7(6)
ELECTIONS
Arrangements by council
Inspectors and clerks, appointment, 143
Call by mayor, 138
1998 S-8
Code ln4~ 19
GARAGE SALES--c°nt'd
Permit
Conducting garage sales without, or making false statements in order to obtain
Unlawful; penalties; prima facie evidence re, 13-58
Fee, 13-56
Limitation on number of permits issued, 13-57
Required, 13-54 '-
Written statement prerequisite to issuance, 13-55
GARBAGE AND TRASH
Abandoned property, 10-50 et seq.
Abandoned property. See that title.
City parks and beaches; refuse and trash, 16-49
Garbage. See within this title: Refuse, Garbage and Trash
Hurricane h~='~,,'ds
Lands to be kept free from matter occasioning, 10-3
Inspection of lands to determine violation. See within this title: Violation; Penalty
Lands to be kept free from trash or filth, 10-2
Inspection of lands to determine violation. See within this title: Violation; Penalty
Nuisance provisions. See within this title: Violation; Penalty
Refuse, garbage and trash
Burying prohibited, 10-26(d)
City to collect and dispose of garbage
Supervision, regulatory authority, 10-22
Construction, industrial or garage wastes, disposal of, 10-30
Containerized collection
Commercial and multifamily residential, 10-25
Definitions, 10-23
Deposits, unlawful, 10-26(e)
Frequency of collection, 10-26Co)
Mulch or compost piles, 10-26(0
Noncontainerized collection
Residential, 10-24
Rates and charge:
Purpose, 10-28
Service provided by city, 10-29
Refuse storage sites
Predetermination required, 10-26(a)
Users of city system
Recording and billing duties of sanitation supendsor, 10-26(c)
Violations and unlawful acts, 10-31
Who may collect nnd convey, 10-26(g)
Trash. See within this title: Refuse, Garbage and Trash
Violation; penalty
Abatement bid procedure, 10-9
Abatement by city, 10-8
Bidding and contracting provisions preemptive, 10-10
Content and form of notice, 10-6
Hearing, 10-7
Inspection of lands to determine violations, 104
1998 S-7
EMI~LOYEES. See: Officers and Employees
ENTERPRISES
General powers of the city enumerated; revenue bonds, 7(24) et seq.
EXCISE TAXES
General powers of the city enumerated; revenue bonds, 7(24) et seq.
F
FINANCE
Bonds. See that title
City commission; borrowing money
Maximum issuance of notes, 37
General powers of the city enumerated, 7(5)
General powers of the city enumerated; revenue bonds, 7(24) et seq.
Public improvements and assessments. See that title
Revenue and taxation, 73 et seq.
Revenue and taxation. See also that title
FIRE LIMITS
City 'commission; fire limits, erection and repair of buildings within, 35.
FOWL. See: Animals and Fowl
FRANCHISES
General powers of the city enumerated, 7(I1)
FREEHOLDERS
General powers of the city enumerated; revenue bonds, 7(24) et seq.
G
GARBAGE
General powers of the city enumerated, 7(12)
General powers of the city enumerated; acquisition of propet~y for utilities, 7(2)
General powers of the city enumerated; sewage and garbage disposal, 7(12)
GAS
General powers of the city enumerated; acquisition of property for utilities, 7(2)
General powers of the city enumerated; n~intenance of public utilities, 7(8)
General powers of the city enumerated; revenue bonds, 7(24) et seq.
GOLF LINKS
General powers of the city enumerated; acquisition of property for utilities, 7(2)
1998 S-8
Code Index 17
FIRE DEPARTMENT
Pensions for fir¢fighters
Accounting, 18-187
Application, 18-179
Average final compensation defined, 18-183
Compensation, limitation on, 18-190
Disability retirement benefits, 18-182
Early retirement, computation -of monthly income, 18-180.1
Ex officio membership of the fire chief on the board of trustees, 18-184
Investments, 18-181
Monthly retirement income, 18-180
Normal retirement date, 18-185
Payroll deductions, 18-186
Required distributions, 18-187
Repeal or termination of fund, 18-188
Social security. See that title
FIRE PREVENTION AND PROTECTION
Amendments to codes, 9-6
Control of automatic elevators, 9-65
Cost recovery for special operations and clean-up of hazardous materials, 9-61
Emergency fire watch standby coverage
Emergency fire watch; disabled-system, 9-56
Standby fire and emergency medical coverage, 9-57
Enforcement authority, 9-2
Examination of building permits, 9-4
Fire codes adopted; standards, 9-3
Fire codes and fees
Open burning, 9-13
Supplementary lighting system in places of assembly, 9-14
Key boxes/entry systems, 9-t5
Bulk storage of inflammable liquids in outside aboveground tanks, 9-16
Penetration of firewalls and fire breakS,,9-17
Fireworks, 9-18
Fire inspection fees, 9-19
Extension cords, control panels, and appliances, 9-20
Fire lanes on private property; blocked roadways, 9-21
Use of charcoal stoves; other d~vices lacking proper ventilation, 9-22
Fire hydrants and Fire Department connections, 9-23
Fire protection outside city, 9-51
Penalty, 9-1
Report of fire, 9-5
1999 S-10
Clmrter [adex 11
LANES
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
LIBRARY
General powers of the city enumerated, 7(5)
LICENSES AND PERMITS
Beverage license
General powers of the city enumerated, 7(17)
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18)
LIQUOR
Beverage license
General powers of the city enumerated, 7(17)
M
MACADAMIZING
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
MANAGER. See: City Manager
MARKET HOUSES
General powers of the city enumerated; acquisition of property for utilities, 7(2)
MAYOR
Administrative officers, departments and agencies, 49(a)
Penalty for violation, 49(d)
Compensation, 55
Duties, powers, privileges, 54
Election, 53
Call by mayor, 138
Merit system for personnel; classified and unclassified service, 72.1
Procedure, 53
When mayor to assume office,
MERIT SYSTEM FOR PERSONNEL
Classified service, 72.1
Established, 72
PersOnnel officer, 72.3
Scope of provisions, 72
Status of present employees, 72.2
Unclassified service, 72.1
1998 S-8
(~ode Index 16A
FINANCES (Cont'd)
Stonnwater utility fees, 26-400 et seq.
Water and sewers. See that title
FINGERPPANTS
Peddlers and solicitors; fingerprints required, 17-1
FIRE CODES
Fire breaks, penetration of, 9-17
Fire safety inspections for commercial activities, annual fees for, 9-19
Fire walls, penetration of, 9-17
Inflammable liquids in outside aboveground tanks
Where bulk storage is prohibited, 9-16
National codes adopted, 9-15
1997 S-6
Clutrter Index 13
OFFAL -
General powers of the city enumerated; sewage and garbage disposal, 7(12)
OFFICERS AND EMPLOYEES
Administrative officers, depa~tment~ and agencies, 49(a)
Penalty for violation, 49(d)
City attorney. See that title
City auditor. See that title
City clerk and tax collector. See that title
City manager, supervision by, 49Co)
Penalty for violation, 49(d)
Elective officers
QuaJifications generally
Duties, oath of office, $2
Terms, $0
General powers of the-city enumerated; revenue bonds, 7(24) et seq.
Interference with administration, 49(c)
Penalty for violation, 49(d)
Merit system for personnel, 72 et seq.
Merit system for personnel. See also that title
Officers hold until successors qualify
Existing laws continued, 4
Police chief: See that title'
Tax collector. See: City Clerk and Tax Collector
OMNIBUSES
General powers of the city enumerated; hawkers, peddlers, public carries, 7(18) et seq.
P
PARKS AND RECREATION
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) et seq.
PART-TIME EMPLOYEES
Merit system for personnel; classified and unclassified service, 72.1
PEDDLERS
General powers of the city enumerated, 7(18)
General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) et seq.
PENSIONS AND RETIREMENT
City commission; pemion and retirement systems, 20.1
PERMITS. See: Licemes and Permits
PERSONNEL
City manager, absence of, 72.13
Dismissal, causes for, 72.11
1998 S-8
Code Index 15
EMPLOYEES' PENSION PLAN--Cont'd
Membership and service
Creditable service, 18-77
Leaves of absence, 18-80
Membership, termination of, 18-79
Military and related service, 18-81
New members, 18-75
Original members, 18-74
Policemen, 18-76
Reemployment, 18-82
Service before effective date of plan, 18-78
Power to amend or terminate, 18-58
Qualified pension fund, 18-154
Retirement and retirement benefits
Adjustments, 18-122
Beneficiary designations, 18-120
Benefits unassignable and not subject to process, 18-121
Corrections, 18-122
Death after retirement date, 18-116
Death before retirement date, 18-115
Delayed retirement, 18-113
Disability retirement benefits, 18-126
Eligibility for retirement
Termination of services prior to, 18-117
Errors, 18-122
Member records, 18-120
Minimum benefit, 18-112
No interest in the fund, 18-123
Normal retirement, 18-111
Payments in case of legal or other disability, 18-124
Re-employment of members receiving benefits, 18-125
Retirement annuity option, 18-118
Retirement prior to normal retirement date, 18-114
Social security option, 18-I 19
Status statements, 18-120
Service. See within this title: Membership and Service
Temporary limitations, 18-63
Termination of plan, 18-60
EMPLOYEES. See: Officers and Employees
ENCLOSURES. See: Fences, Walls, Hedges and Other Enclosures
ENGINEERING DEPARTMENT
Administrator, 2-4
Established, 2-4
ENVIRONMENTAL REGULATION (Pt. III, Ch. 7.5)
Central business district landscape code. See: Landscape Code
1999 S-11
Chart~ Index 15
PUBLIC UTILITY SYSTEM
General powers of the city enumerated; maintenance of public utilities, 7(8)
PUBLICATIONS
Election.s; publication of proclamation, 138
RAILROADS AND TRAINS
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) et seq.
RECREATION. See: Parks and Recreation
RENTAL INCOME
General powers of th~city enumerated; revenue bonds, 7(24) et seq.
RETIREMENT. See: Pensions and Retirement
REVENUE AND TAXATION
Authority to levy, purposes
Sinking fund for bonds, 75
Bonds. See that title
Excise taxes, authority, 76
Fiscal year, def'mition, 73
General powers of the city enumerated; revenue bonds, 7(24) et seq.
License taxes, authority, 76
Necessary revenue, determination of
Certification of levy, 84
Property subject to taxation, 74
Publicity and advertising purposes
Authority to levy special tax, 77
Report of taxes collected by collector
Final report to council, 129
Revenue and taxation; report of taxes collected by collector
Final report to council, 129
REVENUE BONDS
General powers of the city enumerated; revenue bonds, 7(24) et seq.
ROADS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
1998 5-8
Code Index 13
DROUGHT
Water' shortage plans, 26-38 et seq.
Water and sewers. See that title
DRUGS AND MEDICINES
Nuisance abatement, 15-113 et seq.
Nuisances. See that title
Officers and employees; drug free workplace, 2-19
E
ECONOMIC DEVELOPMENT Economic development generally, 8-1
ECOnomic development in Planned Industrial Development District, 8-2
EDUCATION ADVISORY BOARD. See: SCHOOLS
ELDERLY PERSONS
Senior advisory board, 2-141 et seq.
Senior advisory board. See that title
ELECTIONS
Absentee voting permitted, 2-43
False statements or affidavits, 2-45
Filing fees, 2-42
Official ballot, 2-42
Polling places, designation of, 2-44
Vacancy in candidacy, 2-46
Voting districts, 2-41
ELECTRICITY
Electricity and gas service tax, 23-14 et seq.
Taxation. See that title
EMERGENCIES
Civil emergencies, 15-44 et seq.
Civil emergencies. See also that title
Water shortage emergencies, 26-38 et seq.
Water shortage plan. See: Water and Sewers
EMPLOYEES' PENSION PLAN Administration of the plan
Actuarial review and services, 18-147
Administrative regulations authorized
Distribution, 18-138
Adoption of tables, 18-148
Agents, 18-140
Annual reports by trustee or insurance company, 18-146
Application for benefits; procedures, 18-141
1997 S-6
Charter Index 17
TRAFFIC
General powers of the city enumerated, 7(3) et seq.
TRAILER PARKS AND CAMPS
General powers of the city enumerated, 7(22)
TRAINS. See: Railroads and Trains
TREASURER
Bond, 70
TRUCKS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
TUNNELS
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
U
UTILITIES
Property for utilities
General powers of the city enumerated, 7(2) et seq.
Public utility systems. See that title
V
VEGETATION
General powers of the city enumerated; nuisances, trash, weeds, sanitation, etc., 7(13)
VIADUCTS
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
VICE MAYOR
Election, 53
Procedure, 53
W
WAGONS
General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) et seq.
WAREHOUSES
General powers of the city enumerated; acquisition of property for utilities, 7(2)
WATER
General powers of the city enumerated; acquisition of property for utilities, 7(2) et seq,
WATERWORKS
General powers of the city enumerated; acquisition of property for utilities, 7(2)
1~8 S-8
Code Index
CONTRACTS AND AGREEMENTS
Certain ordinances not affected by code, I-8
CONVENIENCE STORF.~
Security regulations re, 15-69 et seq.
Stores. See that title.
CO-PARTNERSHIPS
Persons defined to include, 1-2
CORPORATIONS
Persons def'med to include, 1-2
COUNTY
Del'meal, 1-2
D
DATA PROCESSING DEPARTMENT
Established, 2-4.1
Functions, 2-4.1
DEPARTMENTS AND OTHER AGENCIES OF CITY
Agencies, defined, 1-2
Boards, commissions, etc., generally
Appointment of alternate members, 2-17
Minimum qualifications for membership, 2-16
Cemeteries; board of governors, 6-4 et seq.
Cemeteries. See that title.
Children and youth advisory board, 2-116 et seq.
Minors. See that title.
City commission. See that title.
Code compliance board, 2-72 et seq.
Code compliance board. See that title.
Community redevelopment asency, 2-13.1 et seq.
Community redevelopment asency. See that title.
Community relations board, 2-101 et seq.
Community relations board. See that title.
Consultants; commissions, boards, etc.
Independent of city council to follow article, 2-61
Education advisory board, 2-126 et seq.
Schools. See that title.
Employees' pension plan; administration of the plan
Board, 18-136 et seq.
Employees' pension plan. See that title.
Engineerin8 department, 2-4
Fire department. See that title
Fire prevention bureau, 9-29 et seq.
Fire prevention bureau. See that title.
11
1998 S-8
CODE INDEX
A
ABANDONED PROPERTY Definitions, 10-50
Newsracks empty thirty continuous days, 15-87
Nuisance
Abandoned or lost property on public property, procedure, 10-51
Abatement
Bid procedure, 10-53
Costs, assessment of, 10-54
Storing, parking or leaving on private property declared, 10-52
ABANDONING OF DOMESTIC ANIMALS
Generally, 4-2
ADVERTISING
Advertising matter
Unauthorized posting, 15-2
Circulars, throwaways and handbills
Distribution, 15-3
Taxicabs; advertising in or on Vehicles, 24-33
AGENCIES. See: Departments and Other Agencies of City
AGREEMENTS. See: Contracts and Agreemems
AIRPORTS AND AIRCRAFT
Aircraft and helicopter landings, 15-70
Spot landing approvals; regulations, 15-71
ALARM SYSTEMS
Alarm business responsibility, 2.5-20
Audible alarms, 2.5-15
Business (alarm); central office required, 2.5-14
Idemification required, 2.5-14
Damage to property, 2.5-21
Decal required, 2.5-7
Definitions, 2.5-2
Duties of person notified, 2.5-9
Enforcement through codes enforcement board, 2.5-16
Failure to notify, 2.5-19
False alarms
Departmental review of contested fees, 2.5-18
Excessive false alarms declared a public nuisance, 2.5-12
Prohibited; exceptions, 2.5-11
Response service fees; collection, 2.5-13
Fines; failure to pay, 2.5-17
Interference with city telephone trunk lines prohibited, 2.5-14
1999 S-10 1
Code Iudex IOA
COMMUNITY RELATIONs BOARD
Appoinunent, 2-103
Created, 2-101
Duties, 2-106
Filling vacancy, 2-105
Membership, 2-102
Terms, 2-104
CONSTRUCTION. See also: Buildings, Housing and Construction Regulations
Exemption for trailers, 25-7
Noise control, 15-8 et seq.
Noise. See ~at title
CONSULTANTS. See: Purchasing and Consultants
CONTRACTORS
Licensing provisions, 13-19
1997 S-5
Code Index 3
ANIMALS AND FOWL--Cont'd
Impounding fees, 4-22
Indecent exhibitions, 4-9
Keeping livestock, poultry, exotic and wild animals in city, 4-18
Kennel, stable, grooming parlors and pet shops, 4-29
Leash law and presumptions, 4-32
Livestock, poultry, exotic and wild animals running at large prohibited, 4-19
Maintaining place for fighting, 4-8
Manner of keeping and treating animals generally, 4-.4
Molesting, shooting, and catching birds unlawful, 4-6
Notice of impounding of licensed dogs and cats, 4-21
Notice to appear, 4-38
Nuisance, 4-13
Poisoning, 4-3
Presence in city owned park or recreation areas prohibited, 4-33
Procedure when dog bites a person, 4-16
Rabies vaccinations, 4-37
Records, 4-26
Release or interference with impounded animals, 4-24
Restraint of guard dogs, 4-35
Running at large prohibited, 4-31
Teasing and molesting animals, 4-5
Unlawful to keep stray animal, 4-7
Vicious animals, 4-15
Violations, 4-38
ANTENNA
Community antenna television systems, 7-1 et seq.
Community antenna television system. See also that title.
APPEALS (Pt. III, Ch. 1)
Administrative official, Art. I, § 1
Building board of adjustment and appeals, Art. I, § 3
City Commission, Art. I, § 4
Concurrency review board, Art. I, 9-2
Withdrawal or denial of appeal, Art. I, § 5
APPROPRIATIONS
Certain ordinances not affected by code, 1-8
ASSOCIATIONS
Person defined to include, 1-2
ATTORNEY. See: City Attorney
AUTOMOBILES. See: Motor Vehicles
AVIATION. See: Airports and Aircraft
1999 S-10
Code Index 9
CODE OF ORDINANCES (Cont'd)
Designated, 1-1
~ral p~nalfies
Continuing violations; adjudging fu~s and imprisonments, 1-6
Reciprocity implied, 1-10
Repeal of ordinances, effect of, 1-4
Rules of construction, 1-2 '
Severability of pans of Code, 1-5
*Note-The adoption, amendment, repeal, omissions, effective date, txplanation of numbering system and
dther matters pertaining to the use, construction and interpretation of this Code are contained in the adopting
ordinance and preface which are to be found in the preliminary pages of this volume.
COIN-OPERATED MACHINES OR DEVICES
Licensing provisiom, 13-21
COMMERCIAL ESTABLISHMENTS
After-hours operation, 15-17
COMMISSION. See: Ci~ Commission
COMMISSIONS. Sce: Departments and Other Agencies of City
COMMUNITY ANTENNA TELEVISION SYSTEMS
City manager
Filings to b~ with, 7-5
Commission to perform duties in absenc~ of city manager, 7-9
Del'tuitions, 7-1
Duty to provide service, 7-8
Franchise required
Unlawful acts and practices, 7-3
Franchises
Acceptance, 7-22
Application; commission action
Condition included in franchi~, 7-28
Commission may grant, 7-21
Compensation during 'hold over', 7-24
Effective date, 7-22
Faithful performance bond, 7-29
Fcc, 7-24
Franchise limitations, 7-26
Franchise renewal, 7-31
Inspection of records, 7-24
lnsuranco policies required for indemnification of city, 7-30
Payment by grantee, 7-24
Reports, 7-24
Rights granted under fr~hise, 7-25
Rights reserved to the city, 7-27
Term
Grounds for termination prior to expiration of term, 7-23
1997 S-5
Code~d~
BUILDINGS--Cont'd
Construction
Noise control, 15-8 et seq.
Noise. See that title
Electricity. See that title
Environmentally sensitive lands, Pt. ITl, Chi'7.5, An. IV
Environmental regulation. See that title
Excavafiom. See that title
Flood damage prevention. See Buildings, Housing and Construction Regulations
Gas. See that title
Housing. See that title
Land development regulations. See: Land Development Regula/ions (Pt. lid
Landscape code. See that title
Numbers
Mandatory street numbers on ail buildings, 15-16
Parking lots. See that title
Tree preservation, Pt. HI, Ch. 7.5, An. I
Tree preservation. See aiso Trees
BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS (Pt. HI, Ch. 20)
Accessibility by handicapped, An. I, § 5
Building security code, An. I, § 8
Certificate of treatment for termites, 'An. I, § 2
Coastal building zone and code, An. I, § 6
Electrical code, An. II
Energy efficiency code, An. V
Fees, An. I, § 4
Flood damage prevention, An. VII
Admires' tration, 2
Generally, 1
Provisiom for flood bn?nnl reduction, 3
Historic preservation, An. XIII
Design conformance, 3
Generaily, 1
Waiver of technical requirements, 2
Housing, Art. VIil
Generally, 1
Minimum standards, :2
Local housing assistance program, An. VIII, § 3
Minimum building and construction standards, Art. I, § 3
Penalties, Art. I,'§ l
Swimming Pools and 'Spas, An. IX
BURGLAR ALARM SYSTEbiS
Alarm systems generaily, 2.5-1 et seq.
C
CAMPING
City parks and beache~; camping, 16=57
1997 S-6
Code Index 7
CERTIFICATE OF PUBLIC CONVENrlENCE AND NECESSITY
Taxicabs, 24-3 et s~q.
Taxicabs. S~ also that title
CHARITABLE SOLICITATIONS
Generally, 17-34 et seq. .~
Peddlers and solicitors. See also that title
CHECKS
Overdraft service fee, 2-18
CHILDREN AND YOUTH ADVISORY BOARD. See: Minors
CHURCHES
Charitable solicitations; churches exempted, 17-36
Public service tax; exemption for churches, 23-17
CITY
Defined, 1-2
CITY COMMISSION
City council renamed city commission, 2-1.1
City manager, attendance at meetings, 2-29
Community antenna television systems; franchises
Commission may grant, 7-21
Def'med, 1-2
Mayor. See that title
Meetings
Maintaining order, decorum thereat, 2-11
Minimum qualifications for appointment, membership, 2-16
Quasi-judicial proceedings before commissioner board; procedure for reconsideration, 2-20
CITY ENGINEER
Engineering department. See also that title
Administrator, 2-4
CITY MANAGER
Appointment, 2-25
Bond, 2-27 -
Commission meetings, attendance at, 2-29
Community antenna television systems; installation and maintenance
City manager's action upon grantee's failure to perform street work, 7-47
Compensation, 2-26
Disability, 2-31
Powers and duties, 2-30
Qualifications, 2-25
Removal, 2-28
Temporary absence, 2-31
1997 S-5
Cod~ Index 7
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Taxicabs, 24-3 ~t s~q.
Taxicabs. S~ also that title
CHARITABLE SOLICITATIONS
Generally, 17-34 et S~l.
Peddlers and solicitors. See also that title
CHECKS
Overdraft service fee, 2-18
CHILDREN AND YOUTH ADVISORY BOARD. See: Minors
CHURCHES
Charitable solicitations; churches exempted, 17,36
Public service tax; exemption for churches, 23-17
CITY
Defined, I-2
CITY COMMISSION
City council renamed city commission, 2-1.1
City manager, attendance at meetings, 2-29
Community antenna television systems; franchises
Commission may grant, 7-21
Del'reed, 1-2
Mayor. See that title
Meetings
Maintaining order, decorum thereat, 2-11
Minimum qualifications for appointment, membership, 2-16
Quasi-judicial proceedings before commissioner board; procedure for reconsideration, 2-20
CITY ENGINEER
Engineering department. See also that title
Administrator, 2-4
CITY MANAGER
Appointment, 2-25
Bond, 2-27 _
Commission meetings, attendance at, 2-29
Community antenna television systems; installation and maintenanc~
City manager's action upon grantee's failure to perform street work, 7-47
Compensation, 2-26
Disability, 2-31
Powers and dutiea, 2-30
Qualifications, 2-2~
Removal, 2-28
Temporary absence, 2-31
1997 S-$
Cod~ Index
BUILDINGS--Cont'd
Consu~ction
Noise conu'ol, 15-8 et seq.
Noise. See that titie
Electricity. See ~ title
Environmentally sensitive lands, Pt. III, Chi 7.5, Art. IV
Environmental regulation. See that title
Excavations. See that titie
Flood damage prevention. See Buildings, Housing and Construction Regulations
Gas. See that title
Housing. See that title
Land development regulations. See: Land Development Regulations (Pt. m)
Landscape code. See that title
Numbers
Mandatory street numbers on all buildings, 15-16
Parking lots. See that title
Tree preservation, Pt. ITl, Ch. ?.5, Art. I
Tree preservation. See also Trees
BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS (Pt. IH, Ch. 20)
Accessibility by handicapped, Art. I, § 5
Building security code, Art. I, § 8
Certificate of treaunent for termites, .Art. I, § 2
Coastal building zone and code, Art. I, § 6
Electrical code, Art. II
Energy efficiency code, Art. V
Fees, Art. I, § 4
Flood damage prevention, Art. VII
Administration, 2
Generally, 1
Provisions for flood bn?~'d reduction, 3
Historic preservation, A~. XIH
Design conformance, 3
Generally, 1
Waiver of technical requirements, 2
Housing, ArC VIII
Generally, 1
Minhnum stm~lards, :2
Local housing assistanae progr~n, Ar~. VIII, § 3
Minimum building taxi consu-uction s~andards, A~. I, § 3
Penalties, AfL I, § l
Swimming Pools and 'Spas, Art. IX
BURGLAR ALARM SYSTEMS
Alarm systems generally, 2.5-1 et seq.
C
CAMPING
City parks and beaches; camp~, 16=57
1997 S-6
Code Index
9
CODE OF ORDINANCES (C~ont'd)
D~ignat~d, 1-1
~neral penalti~
Continuing violations; ad~udgin8 fin~ ~i imprisonmem$, 1-6
R~iprocity implied, 1-10
Repeal of ordinances, effect of, 1-4
Rules of construction, 1-2
Severability of parts of Code,
*Note-l'he adoption, amendment, repeal, omissiom, effective date, explanation of numbering ~ystem and
other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting
ordinance and preface which are to be found in the preliminary pages of thi~ volume.
COIN-OPERATED MACHINES OR DEVICES
Licensing provisions, 13-21
COMMERCIAL ESTABLISHMENTS
After-hours operation, 15-17
COMMISSION. See: City Commission
COMMISSIONS. See: Degamnents and Other Agencies of City
COMMUNITY ANTENNA TELEVISION SYSTEMS
City manager
Filings to be with, 7-5
Commission to perform duties in absence of city manager, 7-9
Definitions, 7-1
Duty to provide service, 7-8
Franchise required
Unlawful acts and practices, 7,-3
Franchises
Acceptance, 7-22
Application; conunission action
Condition included in franchise, 7-28
Commission may grant, 7-21
Compensation durin~ "hold over", 7-24
Effective date, 7-22
Faithful performance bond, 7-29
Fee, 7-24
Franchise limitations, 7-26
Franchise renewal, 7-31
Inspection of records, 7-24
Insurance policies required for indemnification of city, 7-30
Payment by grantee, 7-24
Repons, 7-24
Rights granted under franchise, 7-25
Rights reserved to the city, 7-27
Term
Grounds for termination prior to expiration of term, 7-23
1997
Code Index 3
ANIMALS AND FOWL--Cont'd
Impounding fees, 4-22
Indecent exhibitions, 4-9
Keeping livestock, poultry, exotic and wild animals in city, 4-18
Kennel, stable, grooming parlors and pet shops, 4-29
Leash law and presumptions, 4-32
Livestock, poultry, exotic and wild animals running at large prohibited, 4-19
Maintaining place for fighting, 4-8
Manner of keeping and treating animals generally, 4-4
MoleSting, shooting, and catching birds unlawful, 4-6
NotiCe of impounding of licensed dogs and cats, 4-21
Notice to appear, 4-38
Nuisance, 4-13
Poisoning, 4-3
Presence in city owned park or recreation areas prohibited, 4-33
Procedure when dog bites a person, 4-16
Rabies vaccinations, 4-37
Records, 4-26
Release or interference with impounded animals, 4-24
Restraint of guard dogs, 4-35
Running at large prohibited, 4-31
Teasing and molesting animals, 4-5
Unlawful to keep stray animal, 4-7
Vicious animals, 4-15
Violations, 4.38
ANTENNA
Community amenna television systems, 7-1 et seq.
Community antenna television system. See also that title.
APPEALS (Pt. III, Ch. 1)
Administrative official, Art. I, § 1
Building board of adjustment and appeals, Art. I, § 3
City Commission, Art. I, § 4
Concurrency review board, Art. I, 9-2
Withdrawal or denial of appeal, Art. I, § 5
APPROPRIATIONS
Certain ordinances not affected by code, 1-8
ASSOCIATIONS
Person defined to include, 1-2
ATTORNEY. See: City Attorney
AUTOMOBILES. See: Motor Vehicles
AVIATION: See: Airports and Aircraft
1999 S-10
Code Index
COMMUNITY RELATIONS BOARD
Appointment, 2-103
Created, 2-101
Duties, 2-106
Filling vacancy, 2-105
Membership, 2-102
Terms, 2-104
CONSTRUCTION. See also: Buildings, Housing and Construction Regulations
Exemption for trailers, 25-7
Noise control, 15-8 et seq,
Noise. See that title
CONSULTANTS. See..' Purchasing and Consultants
CONTRACTORS
Licensing provisions, 13-19
10A
1997 S-5
CODE INDEX
A
ABANDONED PROPERTY Definitions, 10-50
Newsracks empty thirty continuous days, 15-87
Nuisance
Abandoned or lost property on public property, procedure, 10-51
Abatement
Bid procedure, 10-53
Costs, assessment of, 10-54
Storing, parking or leaving on private property declared, 10-52
ABANDONING OF DOMESTIC ANIMALS
Generally, 4-2
ADVERTISING
Advertising matter
Unauthorized posting, 15-2
CircUlars, throwaways and handbills
Distribution, 15-3
Taxicabs; advertising in or on vehicles, 24-33
AGENCIES. See: Departments and Other Agencies of City
AGREEMENTS. See: Contracts and Agreements
AIRPORTS AND AIRCRAFT
Aircraft and helicopter landings, 15-70
Spot landing approvals; regulations, 15-71
ALARM SYSTEMS
Alarm business responsibility, 2.5-20
Audible alarms, 2.5-15
Business (alarm); central office required, 2.5-14
Identification required, 2.5-14
Damage to property, 2.5-21
Decal required, 2.5-7
Definitions, 2.5-2
Duties of person notified, 2.5-9
Enforcement through codes enforcement board, 2.5-16
Failure to notify, 2.5-19
False alarms
Departmental review of comested fees, 2.5-18
Excessive false alarms declared a public nuisance, 2.5-12
Prohibited; exceptions, 2.5-11
Response service fees; collection, 2.5-13
Fines; failure to pay, 2.5-17
Interference with city telephone trunk lines prohibited, 2.5-14
1999 S-10 I
Code Index
CONTRACTS AND AGREEMENTS
Certain ordinances not affected by code, 1-8
CONVENIENCE STORES
Security regulations re, 15-69 et seq.
' Stores. See that title.
CO-PARTNERSHTPS
Persons defined to include, 1-2
CORPORATIONS
Persons del'reed to include, 1-2
COUNTY
Defined, 1-2
D
DATA PROCESSING DEPARTMENT
Established, 2-4.1
Functions, 2-4.1
DEPART?v~ENTS AND OTHER AGENCIES OF CITY
Agencies, defined, 1-2
Boards, commissiom, etc., generally
Appointment of alternate members, 2-17
Minimum qualifications for membership, 2-16
Cemeteries; board of governors, 6=4 et seq.
Cemeteries. See t~t title.
Children and youth advisory board, 2-116 et seq.
Minors. See that tide.
City commission. See that tide.
Code compliance board, 2-72 et seq.
Code compliance board. See that title.
Community redevelopment agency, 2-13.1 et seq.
Community redevelopment agency. See that tide.
Community relations boa~, 2-101 et seq.
Community relations board. See that title.
Consultants; commissions, boards, etc.
Independent of city council to follow article, 2-61
Education advisory board, 2-126 et seq.
Schools. See ~ tide.
£mploy~s' pension plan; admJnisLration of ~he plan
Board, 18-136 et seq.
£mployees' l~nsion plan. See tha~ tide.
Engineering department, 2-4
Fire department. See that tide
Fire prevention bureau, 9-29 et seq.
Fire prevention bureau. See that tide.
1!
1998 S-8
Charter Indez
TRAPI~C
G~neral powers of ~e city ~n~t~, 7(3) et s~.
T~ER P~S ~ C~S
~ner~ ~w~rs of ~ ci~ ~n~rat~, 7(22)
T~NS. S~: ~lro~ ~d Tr~
~AS~R Bond, 70
17
TRUCKS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
TUNNELS
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
U
UTILITIES
Property for utilities
General powers of the city enumerated, 7(2) et seq.
Public utility systems. See that title
V
VEGETATION
General powers of the city enumerated; nuisances, trash, weeds, sanitation, etc, 7(13)
VIADUCTS
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
VICE MAYOR
Election, 53
Procedure, 53
W
WAGONS
General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) et seq.
WAREHOUSES
General powers of the city enumerated; acquisition of property for utilities, 7(2)
WATER
General powers of the city enumerated; acquisition of property for utilities, 7(2) et seq.
WATERWORKS
General powers of the city enumerated; acquisition of property for utilities, 7(2)
1998 S-8
Code Index 13
DROUGHT
Water shortage plans, 26-38 et seq.
Water and sewers. See that title
DRUGS AND MEDICINES
Nuisance abatement, 15-113 et seq,
Nuisances. See that title
Officers and employees; drug free workplace, 2-19
E
ECONOMIC DEVELOPMENT Economic development generally, 8-1
Economic development in Planned Industrial Development District, 8-2
EDUCATION ADVISORY BOARD. See: SCHOOLS
ELDERLY PERSONS
Senior advisory board, 2-141 et seq.
Senior advisory board. See that title
ELECTIONS
Absentee voting permitted, 2-43
False statements or affidavits, 2-45
Filing fees, 2-42
Official ballot, 2-42
Polling places, designation of, 2-44
Vacancy in candidacy, 2-46
Voting districts, 2-41
ELECTRICITY
Electricity and gas service tax, 23-14 et seq.
Taxation. See that title
EMERGENCIES
Civil emergencies, 15-44 et seq.
Civil emergencies. See also that title
Water shortage emergencies, 26-38 et seq.
Water shortage plan. See: Water and Sewers
EMPLOYEES' PENSION PLAN Administration of the plan
Actuarial review and services, 18-147
Administrative regulations authorized
Distribution, 18-138
Adoption of tables, 18-148
Agents, 18-140
Annual reports by trustee or insurance company, 18-146
Application for benefits; procedures, 18-141
1997 S-6
PUBLIC UTILITY SYSTEM
General powers of the city enumerated; maintenance of public utilities, 7(8)
PUBLICATIONS
Eleaions; publication of proclamation, 138
'- R
RAILROADS AND TRAINS
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) et seq.
RECREATION. See: Parks and Recreation
RENTAL INCOME
General powers of the_city enumerated; revenue bonds, 7(24) et seq.
RETIREMENT. See: Pensions and Retirement
REVENUE AND TAXATION
Authority to levy, purposes
Sinking fund for bonds, 75
Bonds. See that title
Excise taxes, authority, 76
Fiscal year, definition, 73
General powers of the city enumerated; revenue bonds, 7(24) et seq.
License taxes, authority, 76
Necessary revenue, determination of
Certification of levy, 84
Property subject to taxation, 74
Publicity and advertising purposes
Authority to levy special tax, 77
Report of taxes collected by collector
Final report to council, 129
Revenue and taxation; report of taxes collected by collector
Final report to council, 129
REVENUE BONDS
General powers of the city enumerated; revenue bonds, 7(24) et seq.
ROADS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
1998 S-8
Code Index 15
EMPLOYEES' PENSION PLAN--Cont'd
Membership and service
Creditable service, 18-77
Leaves of absence, 18-80
Membership, termination of, 18-79
Military and related service, 18-81
New members, 18-75
Original members, 18-74
Policemen, 18-76
Reemployment, 18-82
Service before effective date of plan, 18-78
Power to amend or terminate, 18-58
Qualified pension fund, 18-154
Retirement and retirement benefits
Adjustments, 18-122
Beneficiary designations, 18-120
Benefits unassignable and not subject to process, 18-121
Corrections, 18-122
Death after retirement date, 18-116
Death before retirement date, 18-115
Delayed retirement, 18-113
Disability retirement benefits, 18-126
Eligibility for retirement
Termination of services prior to, 18-117
Errors, 18-122
Member records, 18-120
Minimum benefit, 18-112
No interest in the fund, 18-123
Normal retirement, 18-111
Payments in case of legal or other disability, 18-124
Re-employment of members receiving benefits, 18-125
Retirement annuity option, 18-118
Retirement prior to normal retirement date, 18-114
Social security option, 18-119
Status statements, 18-120
Service. See within this title: Membership and Service
Temporary limitations, 18-63
Termination of plan, 18-60
EMPLOYEES. See: Officers and Employees
ENCLOSURES. See: Fences, Walls, Hedges and Other Enclosures
ENGINEERING DEPARTMENT
Administrator, 2-4
Established, 2-4
ENVIRONMENTAL REGULATION (Pt. III, Ch. 7.5)
Central business district landscape code. See: Landscape Code
1999 S-Ii
Charter Index 13
OFFAL ~'
C-ener~t powers of the city enumerated; sewage and garbage disposal, 7(12)
OFFICERS AND EMPLOYEES
Administrative officers, departments and agencies, 49(a)
Penalty for violation, 49(d)
City attorney. See that title
City auditor. See that title
City clerk and tax collector. See that title
City manager, supervision by, 49(b)
Penalty for violation, 49(d)
Elective officers
Quzlifications generally
Duties, oath of office, 52
Terms, 50
General powers of the-city enumerated; revenue bonds, 7(24) et seq.
Interference with administration, 49(c)
Penalty for violation, 49(d)
Merit system for personnel, 72 et seq.
Merit system for personnel. See also that title
Officers hold until successors qualify
Existing laws continued, 4
Police chief: See that title'
Tax collector. See: City Clerk and Tax Collector
OMNIBUSES
General powers of the city enumerated; hawkers, peddlers, public carries, 7(18) et seq.
P
PARKS AND RECREATION
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) et seq.
PART-~ EMPLOYEES
Merit system for personnel; classified ~ unclassified service, 72.1
PEDDLERS
General powers of the city enumerated, 7(18)
General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) et seq.
PENSIONS AND RETIREMENT
City commission; pension and retirement systems, 20.1
PERMITS. See: Licenses and Permits
PERSONNEL
City manager, absence of, 72.13
Dismissal, causes for, 72.11
1998 S-8
Cod~ ~ 16A
FII~ANCES (Cont'd)
Stormwater utility fees, 26-400 et seq.
Water and sewers. See that tide
FINGERPRINTS
Peddlers and solicitors; fingerprints required, 17-1
FIRE CODES
Fire breaks, penetration of, 9-17
Fire safety inspections for commercial activities, annual fees for, 9-19
Fire walls, penetration of, 9-17
Inflammable liquids in outside aboveground tanks
Where bulk storage is prohibited, 9-16
National codes adopted, 9-15
1997 S-6
Chnrter Index 11
LANES
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
LIBRARY
General powers of the city enumerated, 7(5)
LICENSES AND PERMITS
Beverage license
General powers of the city enumerated, 7(17)
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18)
LIQUOR
Beverage license
General powers of the city enumerated, 7(17)
M
MACADAMIZING
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
MANAGER. See: City Manager
MARKET HOUSES
General powers of the city enumerated; acquisition of property for utilities, 7(2)
MAYOR
Administrative officers, depaxtments and agencies, 49(a)
Penalty for violation, 49(d)
Compensation, 55
Duties, powers, privileges, 54
Election, 53
Call by mayor, 138
Merit system for personnel; classified and unclassified service, 72.1
Procedure, 53
When mayor io assume office, 15
MERIT SYSTEM FOR PERSONNEL
Classified set, ice, 72.1
Established, 72
Personnel officer, 72.3
Scope of provisions, 72
Status of present employees, 72.2
Unclassified service, 72.1
1998 S-8
Code Index 17
FIRE DEPARTMENT
Pensions for firefighters
Accounting, 18-187
Application, 18-179
Average final compensation defined, 18-183
Compensation, limitation on, 18-190
Disability retirement benefits, 18-182
Early retirement, computation of monthly income, 18-180.1
Ex officio membership of the fire chief on the board of trustees, 18-184
Investments, 18-181
Monthly retirement income, 18-180
Normal retirement date, 18-185
Payroll deductions, 18-186
Required distributions, 18-187
Repeal or termination of fund, 18-188
Social security. See that title
FIRE PREVENTION AND PROTECTION
Amendments to codes, 9-6
Control of automatic elevators, 9-65
Cost recovery for special operations and clean-up of hazardous materials, 9-61
Emergency fire watch standby coverage
Emergency fire watch; disabled~system, 9-56
Standby fire and emergency medical coverage, 9-57
Enforcement authority, 9-2
Examination of building permits, 9-4
Fire codes adopted; standards, 9-3
Fire codes and fees
Open burning, 9-13
Supplementary lighting system in places of assembly, 9-14
Key boxes/entry systems, 9-15
Bulk storage of inflammable liquids in outside aboveground tanks, 9-16
Penetration of firewalls and fire breaks, 9-17
Fireworks, 9-18
Fire inspection fees, 9-19
Extension cords, control panels, and appliances, 9-20
Fire lanes on private property; blocked roadways, 9-21
Use of charcoal stoves; other devices lacking proper ventilation, 9-22
Fire hydrants and Fire Department cormeetions, 9-23
Fire protection outside city, 9-51
Penalty, 9-1
Report of fire, 9-5
1999 S-10
Charter Index
ElVlPLOYEES. See: Officers and Employees
ENTERPRISES
General powers of the city enumerated; revenue bonds, 7(24) et seq.
EXCISE TAXES
General powers of the city enumerated; revenue bonds, 7(24) et seq.
F
FINANCE
Bonds. See that title
City commission; borrowing money
Maximum issuance of notes, 37
General powers of the city enumerated, 7(5)
General powers of the city enumerated; revenue bonds, 7(24) et seq.
Public improvements and assessments. See that title
Revenue and taxation, 73 et seq.
Revenue and taxation. See also that title
FIRE LIMITS
City-commission; fire limits, erection and repair of buildings within, 35.
FOWL. See: Animals and Fowl
FRANCHISES
General powers of the city enumerated, 7(I1)
FREEHOLDERS
General powers of the city enumerated; revenue bonds, 7(24) et seq.
G
GARBAGE
General powers of the city enumerated, 7(12)
General powers of the city enumerated; acquisition of property for utilities, 7(2)
General powers of the city enumerated; sewage and garbage disposal, 7(12)
GAS
General powers of the city enumerated; acquisition of property for utilities, 7(2)
General powers of the city enumerated; maintenance of public utilities, 7(8)
General powers of the city enumerated; revenue bonds, 7(24) et seq.
C.~LF LINKS
General powers of the city enumerated; acquisition of property for utilities, 7(2)
1998 S-8
Code Index 19
GARAGE SALES--Cont'd
Permit
Conducting garage sales without, or making false statements in order to obtain
Unlawful; penalties; prima facie evidence re, 13-58
Fee, 13-56
Limitation on number of permits issued, 13-57
Required, 13-54 --
Written statement prerequisite to issuance, 13-55
GARBAGE AND TRASH
Abandoned property, 10-50 et seq.
Abandoned property. See that title.
City parks and beaches; refuse and trash, 1649
Garbage. See within this title: Refuse, Garbage and Trash
Hurricane b~?~rds
Lands to be kept free from matter occasioning, 10-3
Inspection of lands to determine violation. See within this title: Violation; Penalty
Lands to be kept free from trash or filth, 10-2
Inspection of lands to determine violation. See within this title: Violation; Penalty
Nuisance provisions. See within this title: Violation; Penalty
Refuse, garbage and trash
Burying prohibited, 10-26(d)
City to collect and dispose of garbage
Supervision, regulatory authority, 10-22
Construction, industrial or garage wastes, disposal of, 10-30
Containerized collection
Commercial and multifamily residential, 10-25
Definitions, 10-23
Deposits, unlawful, 10-26(e)
Frequency of collection, 10-26C0)
Mulch or compost piles, 10-26(0
Noncontainerized collection
Residential, 10-24
Rates and charge:
Purpose, 10-28
Service provided by city, 10-29
Refuse storage sites
Predeterminntion required, 10-26(a)
Users of city system
Recording and billing duties of sanitation supervisor, 10-26(c)
Violatiom and unlawful acts, 10-31
Who may collect and convey, 10-26(g)
Trash. See within this title: Refuse, Garbage and Trash
Violation; penalty
Abatement bid procedure, 10-9
Abatement 'by city, 10-8
Bidding and contracting provisions preemptive,' 10-10
Content and form of notice, 10-6
Hearing, 10-7
Inspection of lands to determine violations, 10-4
1998 So7
Charter ~ndex 7
D
DAIRIES
General powers of the city enumerated; nuisances, trash, weeds, sanitation, etc, 7(13)
DAY LABORERS
Merit system for personnel; classified and unclassified service, 72.1
DEMOLITION
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
DEPARTMENTS AND OTHER AGENCIES OF CITY
Administrative officers, departments and agencies, 49(a)
Penalty for violation, 49(d)
City commission. See that title
City manager, supervision by, 49Co)
Penalty for violation, 49(d)
General powers of the city enumerated; revenue bonds, 7(24) et seq.
Interference with administration, 49(c)
Penalty for violation, 49(d)
Police department. See that title
DILAPIDATED DWELLINGS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
DOCKS
General powers of the city enumerated, 7(10), 7(20)
General powers of the city enumerated; acquisition of property for utilities, 7(2)
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) .
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)'
DRAINS
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
DRAYS
General powers Of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18)
EASEMENTS
General powers of the city enumerated, 7(6)
ELECTIONS
Arrangements by council
Inspectors and clerks, appointment, 143
Call by mayor, 138
1998 S-8
Code Index 21
INDECENCY AND OBSCENITY
Animals and fowl; indecent exhibitions, 4-9
INDUSTRY
Industrial sewage, 26-59 et seq.
Water and sewers. See that title.
INOPERABLE MOTOR VEHICLES. See: Abandoned Property
INSURANCE
Casualty insurers, excise tax on, 23-3
Community antenna television services
Franchises; insurance policy, 7-30
Fire insurers, excise tax on, 23-3
Newsrack liability requirements, 15-85
Signs; liability insurance required, 21-12
Taxicabs; liability insurance required, 24-8
Tornado insurers, excise tax on, 23-3
J
JUNK AND JUNKYARDS
Automobile graveyards,, requirements for, 11-2
Definition, 11-1
Existing junkyards, requirements for, 11-2
Screening
Specifications for, approval of, 11-3
JUNK DEALERS
Dealing with minors, 15-7
JUNKED VEHICLES. See: Abandoned Property
K
KNIVES
Switchblade knives, 15-12
L
LAND (General regulations)
Environmentally sensitive lands, Pt. rtl, Ch. ?.5, Art. IV
Environmental regulation. See tha~ title.
Garbage and trash. See that title.
Inspection of lands to determine violation, 104 et seq.
LAND DEVELOPMENT REGULATIONS
OVote-Secn'ons contained within this title refer to sections found within Part III)
Buildings, housing and comtruction regulations. See: Buildings, HoUsing and Construction Regulations
1998 S-?
Clmrter Index
CITY COMMISSION--Cont'd
City manager, supervision by, 49Co)
Penalty for violation, 49(d)
Codification of ordinances
Authority, publication, 33
Commission/manager integration, 49(c) .-
Commission members, when to assume office, 15
Committee designation, 19
Compensation, 55
Contracting, authority
Execution, attestation and seal, 21
Election of councilman
Support by person connected with city government prohibited, 140
Expulsion of members, 18
Filling vacancy on, 5-1
Fines, 18
Fire limits, erection and repair of buildings within, 35
General ordinance enacunent power
Enforcement, penalties, 27
Insurance plan, 20
~udges of own qualifications, rules of procedure, 18
Meetings --
Date of regular meetings, 22
Frequency, 22
Merit system for personnel; classified and unclassified service, 72.1
Money, borrowing
Maximum issuance of notes, 3?
Offices
Authority to create and abolish, 23
Penalties, 18
Pension plan, 20
Qualifications of members
Forfeiture of office, 16
Quorum, 18
Revenue ami taxation; report of taxes collected by collector
Final report to council, 129
Salaries to be fixed by resolution, 20
Special and regular meetings
Rules of procedure; minutes, inspection of, 56
Utility franchises authorized
Effective annexation on franchise, 31
Rights in city when franchises granled, 32
CITY MANAGER
Absence, 72.13
Administrative officers, departments and agencies, 49(a)
Penalty for violation, 49(d)
City manager, supervision by, 49(b)
Penalty for violation, 49(d)
1998 S-8
Code Index 23
LANDSCAPE CODE--Cont'd
Central business district l~dscape code---Cont'd
Performance surety, 6
Purposes, 2
Short title, 1
Construction of language and definitions, Art. H, § 3
Declaration of purpose and intent, Art. ri, § 2
Enforcement of code regulations and provisions; violations, penalties and other remedies, An. H, § 10
Landscape plan approval, Art. H, § 6
Landscaping requirements for certain yard areas and off-street parking and other vehicular use
areas, Art. ri, § 4
Particular requirements, Art. ri, § 5
Performance surety, Art. ri, § 7
Short tide, Art. II, § 1
LIBRARIES
Acts prohibited; penalty, 12-7
Board created, 12-1
By-laws, 12-3
Compensation, 12-2
Duties, 12-4
Meetings, 12-5
Membership, 12-1
Organization, 12-2
Powers, 12-4
Qualifications, 12-2
Quorum, 12-3
Regulations, 12-3
Removal of members, 12-6
Rules, 12-3
Terms, 12-1
Vacancies, 12-1
LICENSES AND PERMITS
Alarm system operating permit, 2.5-3 et seq.
Alarm systems. See that title.
Application for license, 13-7
Certain ordinances not affected by Code, 1-8
Charitable solicitation; permit, 17-37 et seq.
Peddlers and solicitors. See that title.
City parks and beaches; permits re, 16-20 et seq.
Parks and recreation. See that tide.
Classification and fee schedule, 13-4
Administrative remedy to challenge, 13-6
Code enforcement, 13-17
Coin-operated vending machines, 13-24
Community antennae systems; installation and maintenance, 7-42
Conflict with statue, 13-3
Contractors, registration and regulation of, 13-21
1998 8-7
Clm.,'ter ~ndex 3
BONDS
General powers of the city enumerated; revenue bonds, 7(24) et seq.
Police chief; bond, 70
Revenue and taxation, 73 et seq.
Revenue and taxation. See also that title
Revenue bonds (general powers of the city enumerated)
As special city obligation, 7(26)
Fiscal agent, 7(28)
Full authority, 7(29)
Installment sales, 7(25)
Lien, 7(26)
Outstanding bonds, computation of, 7(80)
Payment, 7(24)
Prohibitions repealed, 7(31)
Purposes, 7(24) _
Recourse against general fund, payment, 7(27)
Security, 7(26)
BOULEVARDS
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
BOUNDARIES .
Generally, 6
Greater Boynton Beach Area
BoUndaries and territory of, 6A
BREAKWATERS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
BRIDGES
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
BUILDINGS
Building condemnation
General powers of the city enumerated, 7(20)
BULKHEADS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
BUTCHER PENS
General powers of the city enumerated; nuisances, trash, weeds, sanitation, etc., 7(13)
CANALS
General powers of the city enumerated, 7(10)
General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)
CARRIAGES
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18)
1998 S-8
Code ~adex 24A
LITTER
Defined, 15-26
Gutters, sweeping or depositing into, 15-28
Private property, 15-31
Prohibited generally, 15-27
Public places, sweeping or depositing into, 15-28
Scattering of loads, prevention of, 15-33
Vacant property, 15-32
Vehicles, throwing from, 15-29
Water, throwing or depositing in bodies of, 15-30
LIVESTOCK
Generally, 4-19
Animals and fowl.
See also that title.
LOADING AND UNLOADING
Noise control, 15-8 et seq.
Noise. See that title.
LOCAL HOUSING ASSISTANCE PROGRAM, Part IH, Ch. 20, Art. VIII, § 3
1998 S-9
A
ABANDONED VEHICLES
Impounding, sale, redemption
Disposition of proceeds, 7.1
ADMINISTRATIVE OFFICERS
Administrative officers, departments and agencies, 49(a)
Penalty for violation, 49(d)
AGENCIES. See: Departments and Other Agencies of City
AGREEMENTS. See: Contracts and Agreements
AIRPORTS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20)
ALCOHOLIC BEVERAGES
General powers of the city enumerated, 7(17)
ALLEYS
General powers of the city enumerated; improvements of streets, bridges, etc., 7(8)
AMUSEMENTS
General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings conderrmation, 7(20)
ANIMALS AND FOWL
Carcasses of dead animals
-General powers of the city enumerated; sewage and garbage disposal, 7(12)
General powers of the city enumerated, 7(13)
ANNEXATION
General powers of the city enumerated, 7(32)
Contiguous municipality, 7(33)
ARTESIAN WELLS
General powers of the city enumerated; maintenance of public utilities, 7(8)
ASHES
General powers of the city enumerated, 7(1)
General powers of the city enumerated; sewage and garbage disposal, 7(12)
Special assessments
General powers of the city enumerated, 7(4)
ASSESSMENTS
Public improvements and assessments. See that title
ATTORNEY. See: City Attorney
Code Index 25
LOCAL IMPROVEMENTS
Certain ordinances not affected by Code, 1-8
LOUDSPEAKERS
Noise control, 15-8 et seq.
Noise. See that title.'
M
MANAGER. See: City Manager
MAPS
Numbers
Mandatory street numbers of all buildings; establishmem, 15-16(0
MASTER PLAN REVIEW (Pt. III, Ch. 3)
Administration, Art. I, § 3
Appeals, Art. I, § 4
Applicability, Art. II
Exemption to master planning, 2
Master planning required, 1
Waiver of master planning, Art. II, § 3
Approval, Art. I, § 5
Master plan preparation and submission, Art. IV
Master plan content, 3
Preparation, 1
Submission, 2
Technical review, 4
Preapplication conference, Art. III Procedure, 2
Written preapplication, 1
Prerequisites to master plan, Art. I, § 2
Purpose, Art. I, § 1
MAYOR
Offices and titles of mayor and vice mayor retained, 2-1.1
Vice-mayor; duties and official designation, 2-9
MEDICINES. See: Drags and Medicines
MINORS
Children and youth advisory board
Created, 2-116
Duties, 2-117
Meetings, 2-120
Organization, 2-119
Powers, 2-122
Recommendations, 2-118
1998 S-9
O. Parking lot maimenance. Parking lots in
the city shall be maintained so as to not be a nuisance
or hazard to the public, including portions of
driveways which lie in the right-of-way.
P. Sidewalks. Street sidewalks adjacem-~o
parking lots shall be continuous through all
driveways; shall be six (6) inches thick within
driveway and shall meet handicap code requirement.
Q. Parking lot pavement. Six (6) inches of
Palm Beach County approved shell or lime rock on
a twelve (12) inch sub-grade compacted to 98% of
maximum dry density as determined by AASHO T-
I80. Shell rock shall have a retention of 50 % over
a number four sieve and shall have a minimum
calcium carbonate content of 40% and a minimum
modified proctor of 120 lbs. If lime rock is used, it
shall meet the requirements of the current D.O.T.
specifications for road and bridge construction. The
compacted base shall be primed and paved with one
inch of compacted Type S-II or S-III asphalt in
compliance with F.D.O.T. standards.
Other types of construction that may be
submitted for approval are portland cement concrete,
paving blocks, and stabilized sod.
R. Stacking space at drive-up openings. Drive-
up openings thru which food is passed shall be served
by a drive-thru lane which provides a minimum of
seventy (70) feet of vehicular stacking space which
does not obstruct or restrict in any way the free
movement of emergency vehicles, service vehicles or
any other type of vehicle. Se~ also Chapter 9,
Section 11, paragraph H.
(Ord. No. 96-63, §§ 4, 5, 6, 7, 1-21-97)
7
1997 S-5
Code Index 27
NOISE--Cont'd
Penalty for violations, 15-8.7
Prohibited acts, 15-8.5
Purpose and scope, 15-8.1
Short title, 15-8
Sound levels by receiving land use category, 15-8.8
Standards, 15-8.2 '-
Terminology, 15-8.2
NON-SMOKING POLICY
Non-smoking areas, 15-19
NUISANCES
Garbage, nuisanc~ abatement provisions re, 10-4 et seq.
Garbage and trash. See that title
Nuisance abatement
Board
Conduct of hearing, 15-115
Created; organization, 15-113
Fines for noncompliance with orders, 15-115.5
Duration of lien, 15-115.5
Processing of complaints, 15-114
Definitions, 15-112
Judicial review, 15-116
Rights preserved, 15-117
Title, 15-111
NUMBER
Defined, 1-2
O
OATH
Defined, 1-2
OBSCENITY. See: Indecency and Obscenity
ODOR
Animals and fowl; nuisance by odor, 4-13
OFFENSES
Failure to respond to lawful process, 15-4
Obstruction of passageways, 15-9
State misdemeanors, adoption, 15-1
OFFENSIVE CONDITIONS
Garbage and trash, 10-1 et seq.
Garbage and trash. See also that title
1998 S-9
illumination (in foot candles) at roadway surface;
certification of compliance with the Standard Building
Code and capacity to withstand a 110 m.p.h, wind
load; and proposed conduit routing.
b. Pedestrian lighting. Walkways
connecting parking lots to buildings or walkways
between buildings shall be lit in such a manner a.s to
provide a safe environment.
c. Glare. Lighting shall be
designed and installed in compliance with LDR
Chapter 2, Section 4, Paragraph N7.
B. Traffic control
1. Plan. Each parking lot traffic plan
shall provide for stop signs at exits, directional
arrows, internal traffic signs and information signs
where appropriate. It is intended by these regulations
that the applicant retains the responsibility for the
proper and efficient movement of traffic onto and/or
through the site "~r~d that additional signing may be
required to accomplish the safe movement of traffic.
The location and type of traffic control devices shall
comply with city standards.
2. Signing and marking. All traffic
signing and pavement marking shall comply with the
U.S. Department of Transportation Federal Highway
Administration Manual on Uniform Traffic Control
Devices. Particular attention is directed toward
Section 2A, which contains sign design, shape, color,
mounting height and other conditions. Fire lane
signs shall be maximum fifty (50) feet apart; fire lane
curbing shall be painted reflective yellow; the words
Fire Lane shall be painted in three (3) foot high
letters {four (4) inch brush stroke} every fifty (50)
feet using white traffic paint; and No Stopping or
Standing signs shall be posted.
C. Landscaping. 'Each parking lot shall be
landscaped consistent with Chapter 7.5, Article H,
Landscape Code, or in the instance of the central
business district, chapter 7.$, Ankle IH, Landscape
Code.
D. Irrigation. Each parking lot shall be
irrigated consistent with Chapter 7.5, Article II,
Landscape Code, or in the instance of the central
business district, Chapter 7.5, Article IH, Landscape
Code.
E. Curbs and car stops. Landscaped areas in
parking lots shall be protected from the encroachment
of vehicles by a continuous, raised curb, or in the
instance of a parking stall, by a wheel stop or a raised
continuous curb. Areas to be protected include all
landscaped islands, landscaping adjacent to parking
stalls and landscaping adjacent to curviIinear
driveways where encroachment is likely to occur.
Curb shall extend six (6) inches above pavement and
shall comply with city standards utilizing twenty-five
hundred (2500) psi concrete.
F. Drainage. Storm water shall be contained
on site. Containment capacity shall be designated for
a minimum of two and one-half (2.5) inches of
rainfall in one (I) hour. Drainage structures and
french drains shall comply with minimum city
standards. Catch basins shall be located in grassy
areas unless otherwise approved by the director of
development. For impervious areas exceeding
twenty-five thousand (25,000) square feet, the parking
lot and facilities shall be designed and certified by a
Florida registered engineer. Maximum storage
capacity of soil shall be considered at the rate of one
(1) inch of water for each six (6) inches of soil above
the water table. Drainage calculations are required in
all instances. The hydraulic conductivity of soil shall
be determined with tests made at the site using test
procedures recommended by the South Florida Water
Management District or other procedures which have
been approved by the director of development.
G. Reserved.
H. Driveway.
1. Width. Parking lot driveways shall be
a minimum width of twelve (12) feet. for one-way
drives and twenty (20) feet for two-way drives, at the
right-of-way line. Maximum width of any drive at
the fight-of-way line shall be thirty-two (32) feet,
unless otherwise approved by the director of
development.
2. Drive radii. Each parking lot driveway
shall have a radius at the intersection of the vehicular
1997 S-5
Code Index 29
PARKS AND RECREATION--Cont'd
Board created--Cont'd
Officers, 16-3
Powers, 16-5
Qualifications, 16-1
Terms, 16-1
Vacancies, 16-2
Boats and boating
Boat club park, establishing hours of use at, 16-60
C-16 Canal (Pioneer Park) speed restriction on, 16-93.1
Enforcement, 16-95
Fueling or refueling of watercraft prohibited, 16-94.:5
Intracoastal waterway
Wooden overlook at terminus of Casa Loma Boulevard
Mooring or docking at, 16-94.:5
Mufflers required, 16-94
Overnight boat docking prohibited, 16-:59
Recreational vehicles, boats and boat trailers, 20-1 et seq.
Recreational vehicles, boats and boat trailers. See also that title
Speed causing harmful wake, 16-93
Boynton Canal and abutting property
Use prohibited, 16-7
City parks and beaches
Conduct regulated
Alcoholic beverages permitted only at designated places
Sale; drunkenness, 16-38
Animals prohibited, 16.39
Boat club park, establishing hours of use at, 1660
Boat docking overnight prohibited, 16-59
Camping, 16-57
Closed areas; entering, using, 16-4:5
Disorderly conduct, 16-46
Dogs prohibited in city owned park or recreation area, 4-39
Dressing and undressing, 16-52
Explosives, 16-40
Fireplaces and picnic areas, use of, 16-:55
Fires permitted only in designated areas
Dropping inflammable material, 16-43
Fireworks, 1640
Fixtures; standing or sitting on, 1648
Gambling, 16-44
Games allowed only in designated areas, 16-:58
Hunting, 16-53
Lounging, 16.46
Picnic area
Regulation authorized, 16-:54
Refuse, 16-49
Rest rooms, cooperation in keeping clean, 1647
Sleeping, 16-46
Soliciting prohibited, 1642
and purpose of this chapter, will not be injurious to
the neighborhood, or otherwise detrimental to the
public welfare; and
d. That a recommendation has been
reviewed by the technical review committee of the
City of Boynton Beach, and that the recommendation
has been made a part of the public record.
4. Conditions. In granting a variance, the
city Commission may prescribe appropriate
conditions and safeguards in order to conform with
the intent of this chapter. Violation of such
conditions and safeguards, when made a part of the
terms under which the variance is granted, shall
cause the variance to become null and void.
(Ord. No. 96-63, § 2, 1-21-97)
SeC. 4. Minlrmzm staQdards.
All areas proposed for parking or storage
including those instances exempted in Section 3
hereinbefore shall be improved to provide a hard,
dust-free surface acceptable to the director of
development.
(Ord. No. 96-63, § 3, 1-21-97)
,~C. 5. PerlGittin~.
A. When required.
A permit shall be secured from the director
of development prior to the construction of any
parking lot. The issuance of a permit shall not
relieve any party from obtaining the necessary
permits which may be required by the various state,
federal or local government agencies which have
jurisdiction over the proposed construction,
including, but not limited to, permits for paving and
drairmge, lighting and irrigation. Final inspections of
the parking lot for compliance with this chapter and
other city code requirements and standards are
required prior to the issuance of a certificate of
occupancy.
B. Permit application.
In connection with a request for a permit to
construct a parking lot, the owner, or his authorized
agent, shall submit an application which shall include,
but not be limited to, information and materials as
follows:
1. Permit fee;
2. A sealed survey, not older than six (6)
months which shows existing elevations and/or
contours; existing easements or other encumbrances;
existing structures and trees; and other topographical
features. In addition, the survey must show
elevations of adjacent properties and fights-of-way;
right-of-way widths of. adjacent roadways; paving;
sidewalks; elevations; utility lines; and other features;
3. Location of parking and loading
facilities including calculations for the number of
parking stalls required and the number of parking
stalls provided, and the location of handicap parking
stalls, signs and access ram~s;
4. A cross-section of the materials to be
used in the construction of the parking lot;
5. A parking lot layout including striping;
6. Proposed site plan;
7. Parking lot lighting plan, including the
location of lighting standards, pole types, luminaire
types, illumination levels, direction of lighting and
type of activating mechanism;
8. Cenifiedstatememofconformancewith
Chapter 22, Streets and Sidewalks, of the City of
Boynton Beach Land Development Regulations;
9. Location of existing and proposed
streets to include ultimate rights-of-way. Dedication
or fight-of-way is required in conformance with the
city and county comprehensive planS;
10. On-site traffic plan including arrows
and traffic signs;
11. Landscaping plan and tree preservation
plan consistent with current city codes;
1997 S-5
12
Boynton Beach Code
locations, not subject to flooding or erosion damage,
for the proposed use.
proposed use
development.
(7) The compatibility of the
with existing and anticipated
(8) The relationship of the
proposed use to the comprehensive plan and
floodplain management program for that area.
(9) The safety of access to the
property in times of flood for ordinary and
emergency vehicles.
(10) The expected heights,
velocity, duration, rate of rise and sediment transport
of the flood waters and the effects of wave action, if
applicable, expected at the site.
(11) The costs of providing
governmental services during and after flood
conditions including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical,
and water systems, and streets and bridges.
b. Upon consideration of the factors
listed above and the purposes of this article, the
building board of adjustment and appeals may attach
such conditions to the granting of variances aa it
deems necessary to further the purposes of this
article.
c. Variances shall not be issued
within any designated floodway if any increase in
flood levels during the base flood discharge would
result.
2. The buiMing board of adjustments and
appeals shall hear and decide requests for variances
from the requirements of this article.
a. Conditions for variances:
(1) Variances shall only beissued
upon a determination that the variance is the
mimmum necessary, considering the flood b~-~rd, to
afford relief, and in the instance of a historical
building, a determination that the variance is the
mirth'hum necessary so as not to destroy the historic
character and design of the building.
b. Variances shall only be issued
upon:
(1) A showing of good and
sufficient cause;
(2) A determination that failure to
grant the variance would result in exceptional
hardship to the applicant; and
(3) A determination that the
granting of a variance will not result in increased
flood heights, additional threats to public safety,
extraordinary public expense, create nuisance, cause
fraud on or victiroiz~tion of the public, or conflict
with existing local laws or ordinances.
c. Any applicant to whom a variance
is granted shall be given written notice specifying the
difference between the base flood elevation and the
elevation to which the structure is to be built and
stating that the cost of flood insurance will be
commensurate with the increased risk resulting from
the reduced lowest floor elevation.
3. Any person aggrieved by the decision
of the building board of adjustment and appeals or
any taxpayer may appeal such decision to the circuit
court as provided in Florida law.
4. Variances may be issued for the
reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic
Places or the State Inventory of Historic Places
without regard to the procedures set for'th in the
remainder of this section.
5. The director of development shall
maintain the records of all appeal actions and report
any variances to the Federal Emergency Management
Agency upon request.
Sec. 3. Provisions for Flood H~-~rd Reduction.
A. In General. In all areas of special flood
bn,~rd the following provisions are required:
Buildings, H~using and Construction Regulations l 1
l.F, the administrator 'shall obtain, review and
reasonably utilize any base flood elevation data
available from a federal, state or other source, in
order to administer the provisions of Section 3.
12. All records pertaining to the provisions
of this article shall be maintained in the department
of development and shall be open for public
inspection.
C. Permitting. Application for a permit shall
be made to the development depa,i~ent prior to any
development activities. Application shall include, but
not be limited to, the following plans in duplicate
drawn to scale showing the nature, location,
dimensions and elevations of the area in question to
be developed; existing or proposed structures; fill;
storage of materials; drainage facilities/location.
Specifically, the following information is required:
1. Elevation in relation to mean sea level
of the proposed lowest floor (including basement) of
all structures.
2. Elevation in relation to mean sea level
to which any non-residential structure will be
floodproofed.
3. Certification by a Florida registered
engineer or architect that the structure meets the
floodproofing criteria in article VII, Section 3.B.2.
4. Description of the extent to which any
watercourse will be altered or relocated as a result of
proposed development.
5. A flood elevation or floodproofing
certification after the lowest floor is completed, or in
instances where the structure is subject to the
regulations applicable to coastal high hazard areas,
after placement of the horizontal structural members
of the lowest floor. Within twenty-one (21) calendar
days of establishment of the lowest floor elevation, or
floodproofing bY whatever construction means, or
upon placement of the horizontal structural members
of the lowest floor, whichever is applicable, the
permit holder shall submit to the development
department a certification of the elevation of the
lowest floor, floodproofed elevation, or the elevation
of the lowest portion of the horizontal structural
members of the lowest floor, whichever is applicable,
in relation to mean sea level. Said certification shall
be prepared by or under the direct supervision of a
registered land surveyor or professional engineer.
When floodproofing is utilized, certification shall be
prepared by or under the direct supervision of a
professional engineer or architect. Any work done
within the twenty-one-day calendar period and prior
to submission of the certification shall be at the
permit holder's risk. The development department
shall review the flood elevation survey data
submitted. Deficiencies detected by such review shall
be corrected by the permit holder immediately and
prior to continuation of the work. Failure to submit
the survey or failure to make said corrections, shall
cause issuance of a stop-work order for the project.
6. A survey of mangrove trees on site.
D. Variance procedures/appeals.
1. The building board of adjustment and
appeals shall hear and decide appeals when it is
alleged there is an error in any requirement, decision
or determination made by the director of development
in the enforcement or administration of this article.
a. In passing upon such appeals, the
building board of adjustment and appeals shall
consider ali teclmical evaluations, all relevant factors,
all standards specified in other sections of this article,
and:
(1) The danger that materials may
be swept onto other lands to the injury of others.
(2) The danger to life and
property due to flooding or erosion damage.
(3) The susceptibility of the
proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
(4) The importance of the services
provided by the proposed facility to the community.
(5) The necessity to the facility of
a waterfront location, where applicable.
(6) The availability of alternative
10
Boynton Beach Code
scientific and engineering considerations. Larger
floods can and will occur. Flood heights may be
increased by man-made or natural causes. This
article does not imply that land outside the areas of
special flood hazard or uses pem,,itted within such
areas will be free from flooding or flood damages.
This article shall not create liability on the part of
Boynton Beach, Florida, or by any officer or
employee thereof for any flood damages that result
from reliance on this article or any administrative
decision lawfully made thereunder.
L. Penalties for violation. Violation of the
provisions of this article or failure to comply with
any of its requirements, including violation of
conditions and safeguards established in connection
with grants of variance or special exceptions, shall
constitute a misdemeanor. Any person who violates
this article or fails to comply with any of its
requirements shall, upon conviction thereof, be fined
not more than five hundred dollars ($500.00) or
imprisoned for not more than sixty (60) days, or
both, and in addition shall pay all costs and expenses
involved in the case. Each day such violation
continues shall be considered a separate offense.
Nothing herein contained shall prevent the City of
Boynton Beach from taking such other lawful action
as is necessary to prevent or remedy any violation.
Sec, 2. Administration.
A. Administrator. The directorofdevelopment
is hereby appointed to administer and implement the
provisions of this article.
B. Duties and responsibilities of the
administrator. Duties of the administrator or his
designee shall include, but not be limited to:
1. Review all development permits to
assure that the permit requirements of this article
have been satisfied.
2. Advise permit'tee that additional federal
or state permits may be required, and if specific
federal or state permits are known, require that
copies of such permits be provided and maintained on
file with the development permit.
3. Notify adjacent communities and the
state department of community affairs prior to any
alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal
Emergency Management Agency.
within the
watercourse
diminished.
Assure that maintenance is provided
altered or relocated portion of said
so that the flood-carrying capacity is not
5. Verify and record the actual elevation
(in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially
improved structures, in accordance with paragraph C.
6. Verify and record the actual elevation
(in relation to mean sea level) to which the new or
substantially improved structures have been
floodproofed, in accordance with paragraph C.
7. In coastal high hazard areas,
certification shall be obtained from a registered
professional engineer or architect that the structure is
securely anchored to adequately anchored pilings or
columns in order to withstand velocity waters and
hurricane wave wash.
8. In coastal high hazard areas, the
administrator shall obtain certification for the
adequacy of breakaway walls in accordance with
article VH, Section 3.B.5.h.
9. When floodproofing is utilized for a
particular structure, the administrator shall obtain
certification from a registered professional engineer
or architect.
10. Where interpretation is needed as to the
exact location of the boundaries of the areas-of special
flood ba~rd (for example, where there appears to be
a conflict between a mapped boundary and actual
field conditions), the administrator shall make the
necessary interpretation. The person contesting the
location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in
this article.
11. When base flood elevation data has not
been provided in accordance with article VH, Section
Building, Hbusi~ and Construction Reaulations 9
Flood or flooding- a general and temporary
condition of partial or complete inundation of
normally dry land areas from the overflow of inland
or tidal waters or the unusual and rapid accumulation
of runoff of surface waters from any source.
Flood hazard boundary map (FHBM) - an
official map of a community issued by the Federal
Emergency Management Agency where the
boundaries of the areas of special flood b~,~rd have
been defined.
Flood insurance rate map (FIRM) - an
official map of a community on which the Federal
Emergency Management AGency has delineated 'both
the areas of special flood hazard and the risk
premium zones applicable to the community.
Flood insurance study, the official report
provided by the Federal Emergency Management
Agency which contains flood profiles, flood
boundary-floodway map and water surface elevation
of the base flood.
Floodway - the channel of a watercourse
and the adjacent land areas that must be reserved in
order to discharge the base flood without
cumulatively increasing the water surface elevation
more than one (1) foot.
Functionally dependent facility - a facility
which cannot be used for its intended purpose unless
it is located or carried out in close proximity to
water, such as a docking or port facility necessary for
the loading and unloading of cargo or passengers,
shipbuilding, ship repair or seafood processing. The
term does not include long-term storage,
manufacture, sales or service facilities.
Mangrove stand - an assemblage of trees
which contain one or more of the following species:
black mangrove, red mangrove, white mangrove and
buttonwood.
Mean sea level - the average elevation of
the-sea for all stages of the tide. The term is
synonymous with national geodetic vertical datum
(NGVD).
National geodetic vertical datum (NGVD) -
a vertical control used for establishing varying
elevations within the floodplain.
New construction- structures for which the
'start of construction" commenced on or after the
effective date of this article.
Sand dunes - naturally occurring
accumulations of sand in ridges or mOunds landward
of the beach.
F. Application. This article applies to all areas
of special flood hazard within the jurisdiction of
Boynton Beach, Florida. Those areas are identified
by the Federal Emergency Management Agency in its
Flood Insurance Rate Map (FIRM) 120196 0001-
0005, dated September 30, 1982, and any revisions
thereto are adopted by reference and declared to be a
part of this article.
O. Development permit. Required prior to the
commencement of any development activities.
H. Compliance. No structure or land shall
hereafter be located, extended, converted or
structurally altered without full compliance with the
terms Of this article and other applicable regulations.
I. Abrogation and greater restrictions. This
article is not intended to repeal, abrogate or impair
any existing easements, covenants or deed
restrictions. However, where this article and another
conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
$. Interpretation. In the interpretation and
application of this article all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the
governing body; and
3. Deemed neither to limit nor repeal any
other powers granted under state statutes.
K. Warning and disclaimer. The degree of
flood protection required by this article is considered
reasonable for regulatory purposes and is based on
Bo~nton Beach Code
Buildings, Ho~ing and Construction Regulatiom 8A
Base flood - a flood having a one (1) per
cent chance of being equalled or exceeded in any
given year.
Breakaway wall - a wall that is not part of
the structural support of the building and is intended
to collapse without causing damage to the elevated
portion of the building or the foundation system.
Coastal high hazard area - the area subject
to high velocity waters caused by, but not limited to,
hurricane wave wash or tsunamis. The area is
designated in a FIRM as zone V1-30, VE or V.
1996
8
Boynton Beach Code
Statutes delegated the reSPonsibility to local
governmental units to adopt regulations designed to
promote the public health, safety and general welfare
of its citizenry. Therefore, the City Commission of
Boynton Beach, Florida, does ordain as set out
herein.
B. Finding of fact.
1. The flood hazard areas of Boynton
Beach, Florida, are subject to periodic inundation
which results in loss of life and property; health and
safety hazards; disruption of commerce and
governmental services; extraordinary public
expenditures for flood protection and relief; and
impairment of the tax base; all of which adversely
affect the public health, safety and general welfare.
2. These flood losses are caused by the
cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and
by the occupancy in flood hazard areas by uses
vulnerable to floods or hazardous to other lands
which are inadequately elevated, floodproofed or
otherwise unprotected from flood damages.
C. Purpose. It is the purpose of this ankle to
promote the public health, safety and general welfare
and to minimize public and private losses due to
flood conditions in specific areas by provisions
designed to:
1. Restrict or prohibit uses which are
dangerous to health, safety and property due to water
or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
2. Require that uses vulnerable to floods,
including facilities which serve such uses, b~
protected against flood damage at the time of initial
construction;
3. Comrol the-alteration of natural
floodplains, stream channels and natural protective
barriers which are involved in the accommodation of
flood waters;
4. Control filling, grading, dredging and
other developmem which may increase erosion or
flood damage; and,
5. Prevent or regulate the construction of
flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other
lands.
D. Objectives. The objectives of this ankle
1. To protect human life and health;
2. To minimize expenditure of public
money for costly flood-control projects;
3. To minimize the need for rescue and
relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. To minimize prolonged business
interruptions;
5. TO minimize damage to public facilities
and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located
in floodplains;
6. To help maintain a sable tax base by
providing for the sound use and development of
flood-prone areas in such a manner as to minimize
future flood-blight areas; and,
7. To insure that potential homebuyers are
notified that property is in a flood area.
E. Terms. Words or phrases used in this
article shall have the meaning they have in common
usage and to give this article its most reasonable
application.
Area of shallow flooding- a designated AO
or VO zone on a community's flood insurance rate
map (FIRM) with base flood depths from one (1) to
three (3) feet where a clearly defined channel does
not exist, where the path of flooding is unpredictable
and indeterminate, and where velocity flow may be
evident.
Area of spedal flood hazard - land in the
floodplain subject to a one (1) per cern or greater
chance of flooding in any given year.
1996 5-4
Building, Homing and Construction Regulatiom 7
forty-two (42) inches of the door's locking device, be
of burglar resistant material, having security
screening, or other auxiliary security devices.
13. Exterioridentification/nurnbering. All
active entry and rear entry doors shall be identified
with six-inch lettering, numerals or combination, in
a conspicuous manner and of diverse coloration.
14. Parking identification. Assigned
parking spaces shall not be identified to coincide with
room number, name or unit address.
G. Construction sites. The provisions of this
subsection shall apply to any sites proposed for
construction that are required to obtain commission
approval.
1. Security measures at a construction site
are determined after a security survey is conducted
using the following procedures:
a. One (i) staging area, to store
equipment and park'machinery, must be fenced.
ARTICLE H. ELEC~CAL CODE
A. The National Electrical Code, 1996 Edition,
including future editions or revisions, is hereby
adopted as the uniform electrical code of the city.
Electrical permit fees shall be as provided in article I,
Section 4 of this chapter.
B. The amendments to the National Electrical
Code, 1996 Edition, said amendments being attached
to Ordinance No. 96-40, are hereby adopted and
incorporated herein, and replaces Section 90-10, in
the National Electrical Code, 1996 Edition.
C. All construction regulation fees as
referenced or described in this code are subject to
amendment by resolution by the City Commission.
Current fee schedules shall be maintained on file in
the Office of the City Clerk and shall be available,
without charge, to the public.
(Ord. No. 96-40, §§ 1, 2, 4, 5, 9-4'96)
ARTICLE HI. RESERVED
b. The staging area must be
visible from an accessible roadway to allow effective
police patrol.
ARTICLE IV. RESERVED
c. Lighting must be provided to
allow complete visibility to the area.
d. Padlock all storage trailers and
park within staging area.
2. Items that must be discussed during a
~.~curity survey with the crime prevention bureau:
ARTICLE V. ENERGY EFFICIENCY CODE
The most current edition of the Florida Energy
Efficiency Code for Building Construction is hereby
established as part of the building code of the city,
subject to such amendments, correction and additions
as shall appear or are adopted pursuant to Section
553.901, Florida Statutes.
a. The establishment and
progressive evaluation of a security budget.
ARTICLE VI. RESERVED
b. The proper posting of the
property.
c. The proper storage and
marking of machinery and tools.
d. The methods of employee
identification and active site security methods.
1996 S-4
ARTICLE VII. FLOOD DAMAGE
PREVENTION
Sec. 1. Generally.
A. Statutory authorization. The Legislature of
the State of Florida has in Chapter 166 of Florida
6
Boynton Beach Code
F. Commercial structures. The provisions of
this subsection shall apply to openings into
commercial structures.
hinge pins or a mechanical interlock to prevent
removal of the door from the exterior by removing
the hinge pins.
1. Exceptions:
a. Openings where the smallest
dimension is six (6) inches or less, provided that the
closest edge of such opening is at least forty-two (42)
inches from the locking device of the door or window
assembly or is arranged to prevent reaching in and
defeating the security device.
b. Openings protected by required
fire door assemblies having a fire endurance rating of
not less than forty-five (45) minutes.
c. An opening in an exterior wall
when all portions of such openings are more than
twelve (12) feet vertically or six (6) feet horizontally
from an accessible surface of any adjoining yard,
court, passageway, public way, walk, breezeway,
patiO, planter, porch or similar area.
d. Toilet rooms.
2. Obstructing exits, general. Security
methods shall not create a hazard to life by
obstructing any means of egress or any opening
which is classified as emergency exiting facility.
Security provisions shall not supersede the safety
requirements relative to latching or locking devices
on exit doors which would be contrary to the
provisions of the Standard Building Code and the
Life Safety Code, N.F.P.A. 101.
3. Entry vision. All entry doors shall be
arranged so that the occupant has a view of the area
immediately outside the door without opening the
door. Such view may be provided by a door viewer
having a field of view not less than one hundred
eighty (180) degrees.
4. Doors; swinging doors. Ail swinging
doors shall be equipped with a single-keyed dead bolt
with a one-inch minimum throw; see N.F.P.A. 101
for exceptions.
5. Hinges. Hinges which are exposed to
the exterior shall be equipped with non-removable
6. Strike plate installation. Door jambs
shall be solidly shimmed, extending not less than six
(6) inches above and below the strike plate(s). Door
jambs and frames shall be installed in accordance with
manufacturing specifications. Strike plates shall be
attached to wood with not less than two (2) No. 8,
two-inch screws. Strike plates, when attached to
metal, shall be attached with not less than two (2) No.
8 machine screws. Ail strike plates of doors in pairs
shall be installed as tested.
7. Swinging double doors. The active leaf
in pairs of swinging doors shall have locks as
required for single swinging doors or be provided
with multiple-point locks which contain inserts, each
with one-inch minimum throw bolts and a cylinder
lock. The inactive leaf in pairs of swinging doors
shall be provided with threshold and header bolts that
penetrate a strike with a minimum of five-eights-inch
throw and half-inch minimum engagement.
8. Sliding doors. Sliding doors shall be
equipped with a secondary locking device operable
from the inside without the use of separate tools or
key.
9. Salousie/louvered doors. Doors with
jalousie or louvered panels shall have those panels
protected by approved metal bars, security screens or
grills.
10. Garage doors. Garage doors shall be
equipped with a key operated exterior locking device
or other device that, when activated, will resist
unlawful entry.
11. Windows. Jalousie or louvered
windows shall be protected by approved metal bars,
security screens or grills. Sliding windows shall be
equipped with a secondary locking device operable
from the inside without the use of separate tools or
key.
12. Fixed glazing/glazing set into doors. It
is recommended that fluted glazing, larger than six (6)
inches in any direction, located in a door, or within
Buildings, gousin~ and Construction Regulations 5
requirements relative to latching or locking devices
on exit doors which would be contrary to the
provisions of the Standard Building Code and the
Life Safety Code, N.F.P.A. 101.
4. Emergency escape or rescue windows.
Bars, grills, grates or similar devices may be install&i
in, on or over emergency escape or rescue windows
or doors as required by the Standard Building Code
provided:
a. Such devices are equipped with
approved release mechanisms which are openable
without the use of special tools, keys, special
knowledge or effort; and
b. The building is equipped with
smoke detectors installed in accordance with
applicable fire and building codes.
5. Entry vision. All main or front entry
doors to dwelling units shall be arranged so that the
occupant has a view of the area immediately outside
the door without opening the door. Such View may
be provided by a door viewer having a field of view
not less than one hundred eighty (180) degrees.
6. Doors; swinging doors. All exterior
swinging doors shall be equipped with a single-keyed
dead bolt with a one-inch minimum throw.
leaf in pairs of swinging doors shall have locks as
required for single swinging doors or be provided
with multi-point locks which contain inserts, each
with one-inch minimum throw bolts and a cylinder
lock. The inactive leaf in pairs of swinging doors
shall be provided with threshold and header bolts that
penetrate a strike plate with a minimum five-eights-
inch throw and half-inch minimurn engagement.
10. Sliding doors. Sliding doors shall be
equipped with a secondary locking device operable
from the inside without the use of separate tools or
key.
11. Jalousie louvered doors. Doors with
jalousie or louvered panels shall have those panels
protected by approved metal bars, security screens or
grills.
12. Garage doors. Garage doors shall be
equipped with a key operated exterior locking device.
13. Windows. Jalousie or louvered
windows shall be protected by approved metal bars,
security screens or grills.
14. Sliding windows. Sliding windows
shall be equipped with a secondary locking device
operable from the inside without the use of separate
tools or key.
7. Hinges. Hinges which are exposed to
the exterior shall be equipped with nonremovable
hinge pins or a mechanical interlock to prevent
removal of the door from the exterior by removing
the hinge pins.
8. Strike plate installation. In wood frame
construction any open space between trimmers and
wood door jambs shall be solidly shimmed by a
single piece extending not less than six (6) inches
above and below the strike plate. Strike plates shall
be attached to wood with not less than two (2) No. 8,
two-inch screws. Strike plates, when attached to
metal, shall be attached with not less than two (2)
No. 8 machine screws. All strike plates or doors in
pairs shall be installed in accordance with
manufacturers specifications.
9. Swinging double doors. The active
15. Fixed glazing/glazing set into doors. It
is recommended that fixed glazing larger than six (6)
inches in any direction located in a door, or within
forty-two (42) inches of the door's locking device, be
of burglar resistant material, having security
screening, or other auxiliary security device.
16. Exterior identification/numbering.
Single-family units shall have their address numerals
displayed in a conspicuous manner, four-inch
minimum size and of diverse color. Multi-family
units shall be identified with four-inch minimum
address numerals of diverse color at front and rear
entrances.
17. Parking identification. Assigned
parking spaces shall not be identified to coincide with
room number, name or unit address.
4 Boynton Beach Code
:5. Maintenance. All buildings or
structures, both existing and new, and all parts
thereof shall be maintained in a safe and securable
condition. All devices or safeguards, which are
required by this code in buildings erected, altered or
repaired, shall be maintained in good working order.
The owner, or his designated agent, shall be
responsible for the maintenance of buildings and
structures.
6. Enforcing authority. It is hereby
established that the City of Boynton Beach
Department of Development, hereinafter known as
'department, ~ is charged with_the enforcement of this
code. The rights and limitations of the department
are those stated in the currently adopted building
code where not in conflict with the scope of this
code. Any appeal from the provisions of this section
shah be to the building board of appeals.
D. Terms. The following-words, terms and
phrases shall have the meaning ascribed thereto:
1. Approved means approved by the
development director or other authority having
jurisdiction.
2. Bolt throw is the distance from the lock
front surface to the farthest projected point on the
bolt or latch at the center line when subjected to end
pressure.
3. Burglar-resistant material means
framed glass or glass-like materials that can withstand
the impact of a five-pound steel ball dropped from a
'height of forty (40) feet and five ($) impacts from a
height of ten (10) feet concentrated within a five-inch
diameter area of the surface without release from
frame. Tested in accordance with UL 72-1972.
4. Double-keyed dead bolt is a dead bolt
lock actuated by a key from the inside and outside.
5. Louvers means a series of removable,
fixed-slanted or movable slats. (Glass-louvered is
descriptive of jalousies. Glass, wood or metal
jalousies are considered to be louvers. Awning-type
windows having sections more than twelve {12}
inches in depth are not considered to be louvers).
6. Multiple-point lock is a system of lever-
operated bolts that engage a door opening, at least at
the head and sill, operated by a single knob or handle
from the inside and, optionally, by a cylinder-locked
handle from the outside.
7. Opening is a section of wall into which
a door or an operable window is installed.
8. Single-keyed dead bolt is a lock bolt
which does not have a spring action. This bolt must
be actuated by a key from the exterior and a knob or
thumb turn from the interior and when projected
becomes locked against return by end pressure.
9. gtHkeplate is a metal plate designed to
receive and hold a projected bolt.
E. Residential structures.
1. Scope. This section applies to openings
in dwelling units and to openings between attached
garages and dwelling units.
2. Exceptions:
a. Openings where the smallest
dimension is six (6) inches or less, provided that the
closest edge of such opening is at least forty-two (42)
inches from the locking device of the door or window
assembly or is arranged to prevent reaching in and
defeating the security device. This subsection should
be read in conjunction with subsection 15 herein.
b. Openings protected by required
fire door assemblies having a fire endurance rating of
not less than forty-five (45) minutes.
c. An opening in an exterior wall
when all portion~ of such openings are' more than
twelve (12) feet vertically or six (6) feet horizontally
from an accessible surface of any adjoining yard,
court, passageway, public way, walk, breezeway,
patio, planter, porch or similar area.
3. Obstructing exits, general. Security
methods shall not create a hazard to life by
obstructing any means of egress or any opening which
is classified as an emergency exiting facility.
Security provisions shall not supersede the safety
Buildings, Housing and Construction Regulations 3
certified, signed and sealed by a Florida registered
engineer, and shall be submitted with the building
permit application.
(Ord. No. 96-60, § 2, 1-21-97)
Sec. 8. BUilding security code.
A. Title. This section may be known and cited
as "The City of Boynton Beach Building Security
Code" hereinafter referred to as the security code.
B~ Rules of construction. For the purposes of
administration and enforcement of this section, unless
otherwise stated in this sect_ion, the following rules of
construction shall apply to the text:
1. In case of any difference of meaning or
implication between the text of this section and any
caption, illustration, summary table or illustrative
table, the text shall control.
2. The word "shall" is always mandatory
and not discretionary; the word "may" is permissive.
3. Words used in the present tense shall
include the fUture and words used in the singular
number shall include the plural, and the plural
singular, unless the context clearly indicates the
contrary.
4. The phrase "used for" includes
"arranged for", "designed for", "maintained for" or
"occupied for.''
5. The word "person" includes an
individual, a corporation, a pannership, an
incorporated association or any other similar legal
entity.
6. Unless the context clearly indicates the
contrary, where a regulation involves two (2) or
more items, conditions, provisions or events
connected by the conjunction "and", or "either..
.or," the conjunction shall be interpreted as follows:
a. "And" indicates that ali the
connected terms, conditions, provisions or events
may apply singly or in any combination.
b. "Or" indicates that the
connected items, conditions, provisions or events may
apply singly or in any combination.
c. "Either... or" indicates that
the connected items, conditions, provisions or events
shall apply singly, but not in combination.
7. The word "includes" shall limit a term
to the specified example, but is imended to extend its
meaning to ail other instances or circurnstances of like
kind or character.
C. Administration:
1. General. This code is remedial, and
shall be construed to secure the beneficial interests
and purposes thereof which are health, safety and
general welfare through minimum building security
standards established to make buildings less
susceptible to unlawfUl entry and more secure for
those persons using said buildings. Strict compliance
does not guarantee immunity from criminal activity,
and the city assumes no responsibility nor liability for
any loss or damage relating to security.
2. Applicability. This code applies to the
construction, alteration, repair, change of occupancy
classification or relocation of every building or
structure or any appurtenances connected or attached
to such buildings or structures occupied for
commercial or residential purposes.
3. Existing buildings. Provisions set forth
herein for building security are recommended for all
existing buildings but shall not be mandatory except
as set forth in subsection C.2.
4. Federal and state authority. This code
shall not be held to deprive any federal or state
agency, or any applicable governing body having
jurisdiction, of any power or authority which it held
on the effective date of the adoption of this code, or
any remedy then existing for the enforcement of its
orders, nor shall it deprive any individual or
corporation of its legal rights as provided by law.
1997 S-$
2B
Boynton Beach Code
Buildings, Homing and Construction Regulations
landward from the coastal construction control line as
established pursuant to Section 161.053, Florida
Statutes. Development projects within this zone must
utilize best management construction techniques for
natural resource protection and must conform to the
goals, objectives and policies of the comprehensi.v_e
plan of the city, Chapter BT, Coastal Management.
2A
B. The coastal construction code was adopted
on August 19, 1986 and applies to all construction
within the coastal building zone. It is not set out at
length herein, but is on file and available for
inspection in the offices of the city clerk and the
director of development.
(Ord. No. 96-60, § 1, 1-21-97)
Sec. 7. Soil tests.
Where the bearing capacity of soil is not
definitely known, the director of development may
require test or other adequate proof to establish
permissible safe bearing capacity. Tests shall be
1997 S-5
2B Boynton Beach Code
Buildings, Housing and Construction Regulations ~A
Sec. 6. Coastal building zone and code.
A. The coastal building zone for the city is the
land area from the seasonal high-water line landward
to a line one th3usand five hundred (1,500) feet
landward from the coastal construction control line as
established pursuant to Section 161.053, Florida
Statutes. Development projects within this zone must
utilize best management construction techniques for
natural resource protection and must conform to the
goals, objectives and policies of the comprehensive
plan of the city, Chapter B7, Coastal Management.
B. The coastal construction code was adopted
on August 19, 1986 and applies to all construction
within the coastal building zone. It is not set out at
length=_herein, but is on file and available for
inspection in the offices of the city clerk and the
director of development.
(Ord. No. 96-60, § I, 1-21-97)
Sec. 7. Soil tests.
Where the bearing capacity of soil is not
definitely known, the director of development may
require test or other adequate proof to establish
permissible safe bearing capacity. Tests shall be
1999 S-11
2 Boynton Beach Code
1. Reserved.
2. Levied. Eve.ry_.s.tructure located within
the city and not yet appearing on the county tax roll,
shall be subject to an interim services fee. This
interim services fee shall be in effect from the date of
the issuance of a certificate of occupancy or
certificate of completion to January 1 of the year
following the issuance of the certificate. Said fee
shall be charged in accordance with the fee schedule
which is attached to Ordinance No. 91-17 as Exhibit
"B" and the computation hereinafter set forth.
a. Dwelling unit computation.
For the purposes of this subsection and Exhibit "B",
dwelling unit computation shall be made as follows:
(1) Each single-family unit,
including condominium, apartment and hotel unit,
shall count as one.
(2) For commercial and/or
industrial structures, divide the total building square
footage for each such industrial and/or commercial
structure by one thousand (1,000) square feet rounded
to the nearest tenth (0.1).
b. Fee determination; proration.
The dwelling unit computation shall be utilized in
conjunction with the fee schedule set forth in Exhibit
"B' in computing the interim services fee. The
following example illustrates how the interim services
fee is arrived at:
Example: A 22,565 square foot office
building is issued a certificate of
occupancy in December of any given
year:
22,565 + 1,000 = 22.565
22.6 X $10.23 = $231.20
Interim services fee for this structure
would be $231.20.
3. Procedure. The director of
development shall collect the interim services fee
prior to the issuance of a certificate of occupancy or
certificate of completion by the development
department.
4. Distribution. On a daily basis, the
development department shall promptly remit monies
collected pursuant to this section to the city finance
director.
5. Eligibility for municipal services. No
improvement shall be eligible for municipal services
unless an interim services fee has been paid.
6. Creation of trust fund. The finance
director shall deposit all funds collected into a
nonlapsing trust fund established and maintained by
the city. The use of such funds will be restricted and
limited to expenditures for public safety, physical
environment (public works administration-costs),
maintenance and services for roads and streets, health
(animal control), library and parks and recreation,
which are associated with the properties from which
the funds were collected. The city manager shall
provide the City Commission with recommendations
for expenditures of these funds during the annual
budget process or from time to time as needed. Such
expenditures of funds shall be limited to a percentile
of total fees collected for each of the services as
identified herein. The City Commission by resolution
must approve all expenditures from said trust fund
upon determination that said expenditures are
appropriate.
Sec. 5. Accessibility by handicapped.
All construction must conform with federal, state
and county accessibility rules and regulations
including, but not limited to, the Florida Accessibility
Code, January 1994 Edition. In addition, all interior
doors in all dwelling units, hotel rooms and motel
rooms on first floor only or floors serviced by
elevators shall have a minimum of twenty-nine (29)
inches clear opening, (door of at least thirty-two (32)
inches in width) with the exception of storage rooms
and closets.
1999 S-11
Chapter 20
BuILDINGS, HOUSING AND CONSTRUCTION REGULATIONS
Art. I.
Art. II.
Art. III.
Art. IV.
Art. V.
Art. VI.
Art. VII.
Art. VIII.
Art. IX.
Art. X.
Art. Xt.
Art. XII.
Art. XIII.
In General
Electrical Code
Reserved
Reserved
Energy Efficiency Code
Reserved
Flood Damage Prevention
Housing
Swimming Pools and Spas
Reserved
Reserved
Reserved
Historic Preservation
ARTICLE I. IN GENERAL
Sec. 1. Penalties.
Any person convicted of the violation of any of
the terms or provisions of this chapter or any code or
.standards adopted hereby shall be punished as
provided by Section 1-6 of the Code of Ordinances,
If any person commences any work on a building,
structure, plumbing, mechanical or gas system before
obtaining the necessary permit, he shall be subject to
a penalty of four (4) times the established permit fee.
The director of development may allow a waiver of
the penalty fee, in whole or in part, when such
waiver does not violate the best interests of the city.
Sec. 2. Certificate of treatment for termites.
Before any slab inspection is performed by the
development department for the continued
construction of any improvements on any property in
the city, the owner of said property or his contractor
shall furnish a certificate from a city licensed
exterminator that the soil has been treated for
termites.
Sec. 3. Minimnm building and construction
standards.
A. The Standard Building, Gas and Mechanical
Codes, 1997 Edition, including future editions or
revisions as adopted by the city, are hereby adopted
as the minimum Building Code for the City of
Boynton Beach.
B. Chapter 1, Administration, as described in
Exhibit A attached to Ordinance No. 99-16 is
incorporated as if herein and replaced Chapter 1,
Administration, in the Standard Building, Gas and
Mechanical Codes, 1997 Edition, and the Standard
Plumbing Code, 1994 Edition.
C. All construction regulation fees as
referenced or described in the above codes are subject
to amendment by resolution by the City Commission.
Current fee schedules shall be maintained on file in
the Office of the City Clerk and shall be available,
without charge, to the public.
(Ord. No. 96-40, §§ 1 - 3, 5, 94-96i Ord. No.
99-16, § 1 -4, 6-15-99)
Sec, 4. Fees.
A. Permit fees. A permit shall not be issued
until the minimum fee of thirty-five dollars ($35.00)
or 1.6% of the total valuatiofi, whichever is greater,
has been paid. The permit fee shall be based on the
value of the proposed construction of all items
specified and detailed on the plans and/or listed on
the permit application. An amendment to a perrmt
shall not be issued until the additional fee, if any, due
to an increase in estimated cost of the building,
electrical, plumbing, gas, mechanical, landscaping or
site development, has been paid.
B. Interim services fee. The City Commission
hereby establishes an "interim services fee" which is
an annual user charge applicable to structures certified
for occupancy by the city development department but
not appearing on the Palm Beach County tax rolls as
an improvement to real property.
1999 S-II
10
i~ymoa Bes~h Code
TelecommunicatiOn Towers and Amennas 9
3. Tower replacement; and
4. Rooftop or building antennas.
The coordinator shall begin the review outlined
in this Chapter, and schedule meetings with the Siting
Review Committee and/or applicant as necessary.._
The reasons for rejecting any application filed
under these provisions shall be explained, set forth in
writing and be based on substantial evidence. The
rejection of an application under this chapter does not
prevent a person from filing an application for a
special exception in accordance with applicable law.
B. The issuance of a permit, however, is not a
lease and no municipally-owned property may be
used without a lease agreement with the City. The
City may, as appropriate, to protect its property and
the public interest, establish additional requirements.
beyond the minimum requirements of a permit for
municipally-owned property. This provision further
does not preclude the city from issuing a letter of
interest for the purposes of leasing sites on designated
city property for the construction and installation of
personal wireless service facilities. For designated
neighborhood parks, the city will encourage the
installation of facilities which have a minimal impact
on the surrounding areas and are consistent with the
development of the park.
(Ord. No. 97-I0, § 2, 4-.15-97)
199'/S-6
8 Boynton Beach Code
4. The requirements of subsection 2. of
this division will be deemed, to-have been met when
an affidavit attesting to the execution, by the tower
owner/operator, of an agreement authorizing the
collocation of antenna or other similar tele-
communications device. In other cases, the tower
owner/operator must enter into an agreement with the
city, acceptable to the city, to offer space on fair,
re~onable, nondiscriminatory terms, at a fair market
value, and to negotiate leases promptly and without
undue delay. A condition of any permit for a
Qualified Shared Facility shall be that the permit shall
be terminated, and the facility removed or turned
over to the city, if the city finds that the facility
owner is not complying with its obligations under this
Chapter and associated agreements with the city. The
tower owner/operator shall hav~ sixty (60) days from
the date the city provides notice to remedy the
deficiency.
5. Collocationofcommunication antennas
by more than one provider on existing or new tele-
communication tower_s shall take pr~edence over the
construction of new single-use' telecommunication
towers. Accordingly, each application for a
telecommunication tower shall include the following:
a. A written evaluation of the
feasibility of sharing a telecommunication tower, if
an appropriate telecommunication tower or towers
is/are available. The evaluation shall analyze one or
more of the following factors:
(1) Structural capacity of the
tower or towers;
(2) Radio frequency interference;
requirements;
(3) Geographical service area
(4) Mechanical or electrical
incompatibility;
(5) Inability or ability to locate
equipmem on the tower or towers;
collocation;
(6) Availability of towers for
(7) Any restrictions or limitations
of the Federal Communications Commission that
would preclude the shared use of the tower.
(8) Additional information
requested by the city.
b. The city may consider the ability of
a provider to collocate on an existing structure in
reviewing an application for a telecommunications
tower.
F. A telecommunication tower that is
determined to be inappropriate for sharing shall be
assumed to be inappropriate for sharing the same
types of facilities in the future. Such towers will not
need to be evaluated in the future regarding sharing
with the same type of facility for which it has been
determined to be inappropriate. The development
department shall retain a list of such towers, and will
provide a copy of the list to all potential applicants.
The city may require additional sharing feasibility
evaluations if warranted by changes in technology.
(3. For any telecommunications tower approved
for shared use, the owner of the tower shall provide
notice of the location of the telecommunication tower
and the tower's load capacity to all other providers.
H. Public land or ri/bt-of-way lea~e agreements
with respect to collocation of antennas will be
established by separate instrument.
(Ord. No. 97-10, § 2, 4-15-97)
See. 7. Applications,
A. The City shall act promptly on any
application submitted in accordance with the
provisions of this chapter. All applications shall be
submitted to the Siting Review Committee
Coordinator, as designated by the City Manager. The
Siting Review Committee shall consist of staff
members appointed by the City Manager, and shall
place the application into one of the following
categories:
1. Tower siting;
2. Collocation;
1997 S-6
Telecommzmie__~Hon Towers and Antennas 7
Antennas may e-xceed twenty (20) feet above the
roofline in the REC and PU zoning districts if
municipal purposes warrant additional height.
B. Minimum standards. Building or rooftop
antennas shall be subject to the following minimum
standards:
1. Building rooftop stealth antennas shall
only be permitted on buildings which are at least
forty-five (45) feet tall, and must be stealth or
architecturally screened;
2. No commercial advertising shall be
allowed on an antenna;
3. No signals, lights, or illumination shall
be permitted on an antenna, unless required by the
Federal Communications Commission or the Federal
Aviation Administration;
4. Any related unmanned equipment
building shall comply with the Standard Building
Code, as amended from time to time, and shall not
contain more than 750 square feet of gross floor area
or be more than twelve (12) feet in height; and
5, If the equipment building is located on
the roof of the building, the area of the equipment
building shall not occupy more than twenty five
percent (25%) of the roof area.
6. Each application shall contain a
rendering or photograph of the antenna including, but
not limited to, colors and screening devices. This
shall be subject to administrative approval by the
Director of Development for consistency with the
definition of stealth facility.
C. Antenna Dimensions. Antenna dimensions
shall be approved by the director of development as
required by existing technology. A statement shall be
submitted, prepared by a professional registered
engineer licensed to practice in the State of Florida,
to certify the need for the required dimensions.
D. Aircraft hazard. Prior to the issuance of a
building permit by the building division, department
of development, the applicant shall provide evidence
that the telecommunication towers or antennas are in
compliance with Federal Aviation Administration
(FAA) regulations. Where an antenna will not exceed
the highest point of the existing structure upon which
it is to be mounted, such evidence shall not be
required.
E. Fees.
1. Permit and zoning application fees for
telecommunications towers or antennas shall be paid
by applicant.
2. Public building lease agreements will be
established by separate instrument.
(Ord. No. 97-10, § 2, 4-15-97)
Sec. 6. Shared Use of Communication Towers.
A. Notwithstanding any other provision of this
chapter, to minimize adverse visual impacts associated
with the proliferation and clustering of tele-
communication towers, collocation of facilities on
existing or new towers shall be encouraged by:
1. Issuing permits to Qualified Shared
Facilities at locations existing or new towers have
sufficient loading capacity, as certified by an engineer
licensed to practice in the State of Florida; and
2. Giving preference to Qualified Shared
Facilities over other facilities in authorizing use at
particular locations.
B, For a facility to become a 'Qualified Shared
Facility," the facility owner must show that:
1. The facility is appropriately designed
for sharing; and
2. The facility owner is prepared to offer
adequate space on the facility to others on fair and
reasonable, nondiscriminatot7 terms.
3. To satisfy the requirements of
subsection 1. of this division, the facility owner must
submit a written evaluation of the structural capacity
of the tower.
6
Boynton ~Code
including but not limited to, 'LP gas, propane,
gasoline, natural gas, and corrosive or dangerous
chemicals purposes, unless the city fire marshal
determines that the proximity of a tele-
communications tower does not pose any danger or
risk of explosion or fire or unless used for backup
power purposes.
3. The tower may be required to be
relocated on the site to lessen the impact on adjacent
parcels; and
4. The replacement tower shall be subject
to administrative review by the Planning and Zoning
and Development Dep~tments.
7. Fees and charges. Public land or right-
of-way lease agreements shall be established by
separate instrument.
8. Additional uses permitted on lot.
Communication towers may be located on lots
containing another principal use. Separation between
communication towers and other uses on the lot may
be required to ensure compatibility. Towers may
occupy a leased parcel on a lot that meets the
minimum lot size requirement of the zoning district
in which it is located. For lease parcels not meeting
the minimum lot size requirement, the city shall
require the execution of a unity of title, unity of
control, or other documentation as determined
appropriate by the City Attorney.
(Ord. No. 97-10, § 2, 4-15-97; Ord. No. 98-32, § 1,
9-3-98)
B. Nonconforming towers. An existing
nonconforming tower may be replaced subject to the
criteria below. If the criteria is not met, the
replacement shall cOmply with the siting requirements
of this section.
1. The replacement tower shall
accommodate a minimum of two providers;
2. The replacement tower shall be a stealth
or monopole tower;
3. The tower may be required to be
relocated on the site to lessen the impact on adjacent
parcels; and
4. The replacement tower shall be subject
to administrative review by the Planning and Zoning
and Development.
Sec. 4. Tower Replacement.
Notwithstanding the above provisions of this
section, towers in existence as of January 1, 1997,
may be replaced with a tower of equal or less visual
impact after approval by the city manager or her/his
designee. However, if the proposed new tower would
not be consistent with the minimum standards under
Section 3 of this chapter, replacement must be
approved by the city commission.
5. The tower shall be reconstructed to its
original height or 150 feet, whichever is less.
C. Accessory Structures. The size of an
accessory structure or structures may be increased,
subject to the Code of Ordinances, to accommodate
collocation. The expansion shall be subject to
administrative approval by the Planning and Zoning
Department and the Department of Development.
(Ord. No. 97-10, § 2, 4-15-9'/)
A. Conforming towers. An existing
conforming tower may be replaced subject to the
criteria set forth herein. If the criteria are not met,
the replacement tower shall comply with the siting
requirements of this section.
1. The replacement tower shall
accommodate a minimum of two providers;
2. The replacement tower shall be a
stealth or monopole tower;
Sec. 5. Antennas Not Located on
Telecommunications Towers.
A. Stealth rooftop or building mounted antennas
not exceeding twenty (20) feet above the roofline and
not exceeding ten (10) feet above the maximum height
of the applicable zoning district may be~ permitted as
an accessory use in all zoning districts except
R-l-AAA, R-1-AAB, R-I-AA, R-l-A, R-I and R-2.
1998 5-9
Telecommtmic~tiOn Towers and Antennne 5
permit shall be required for all towers, support and
accessory structures, antennas, and antenna
attachments, except as otherwise provided by state or
local law.
17. Removal of abandoned or unused
facilities. A provider who has determined t6
discontinue its operations or part of its operations in
the city must within ninety (90) days of
discontinuance of use either:
a. Remove its own equipment,
including but not limited to the tower, antennas,
generators, and service.facilities or cabinets, within
ninety (90) days of the cessation of use; or
b. Provide information satisfactory to
the City Manager or designee that the provider's
obligations for its equipment in the right-of-way or
public easement or private property under this
division have been lawfully assumed by another
provider; or
c. Submit to the City Manager or
designee a proposal and instruments for transferring
ownership of its equipment to the city. If a provider
proceeds under this clause, the city may, at its
option:
(1) Assume ownership of the
equipment for a ten ($10.00) dollar nominal
consideration to provider; or
(2) Require the provider, at
provider's expense, to remove it; or
(3) Require the provider to post
a bond in an amount sufficient to reimburse the city
for reasonably anticipated costs to be incurred in
removing the equipment. Equipment of a provider
who fails to comply with the preceding sentence and
which, for six (6) months, remains unused, shall be
deemed abandoned. Abandoned equipment is deemed
to be a nuisance. The City may exercise any remedies
~ fights has at law or in equity, including but not
limited to, (1) abating the nuisance, (2) taking
possession of the equipment and restoring it to
working condition, or (3) requiring removal of the
equipment by the provider or by the provider's surety
under any maintenance bond required by the Code of
Ordinances~ Telecommunications towers being used
for other purposes, including but not limited to, light
standards and power poles, may be exempt from this
provision, subject to the requirement that all
equipment except the tower structure itself be
removed or abandoned as set forth above.
5. Inspections.
a. Telecommunication tower owners'
shall submit a report to the city building division,
department' of development, certifying structural and
electrical integrity on the following schedule:
(1) Monopole towers- once every
five (5) years;
(2) Self-support/lattice towers -
once every two (2) years; and
(3) Guyed towers - once every
two (2) years.
b. Inspections shall be conducted by
a registered engineer. The results of such inspections
shall be provided to the building division, department
of development. Based upon the results of an
inspection, the Building Official may require repair or
removal of a telecommunication tower.
c. Should the building division,
department development, have reason to believe a
telecommunications tower site is not in compliance
with applicable building and electrical codes, the city
may conduct periodic inspections of the site to ensure
structural and electrical integrity. The owner of the
telecommunications tower may be required by city to
have more frequent inspections should there be re, on
to believe that the structural and electrical integrity of
the tower is jeopardized. The city reserves the right
to require additional inspections if there is evidence
that the tower has a safety problem or is exposed to
extraordinary conditions.
6. Telecommunications towers are
prohibited when a proposed or existing principal use
or uses within two hundred (200) feet of a proposed
tower includes the storage, distribution, or sale of
volatile, flammable, explosive or hazardous wastes,
1997 S-6
4
b. Landscaping, consistent with the
requirements of the Land Development Regulations,
shall be installed and maintained around the entire
perimeter of any fence or wall. Additional
landscaping may be required around the perimeter of
a fence or wall and around any or all anchors or
supports if deemed necessary to buffer adjacent
residential and non-residential properties. The city
may require landscaping in excess of the
requirements of the city code in order to enhance
compatibility with adjacent residential and non-.
residential land uses. Landscaping shall be installed
on the outside of the perimeter fence or wall.
c. Landscaping consistent with
perimeter and on-site requirements of the Land
Development Regulations shall be installed and
maintained around any accessory buildings or
structures.
8. High Voltage and "No Trespassing''
warning signs.
a. If high voltage is necessary fo~ the
operation of the telecommunications tower or any
accessory structures, "HIGH VOLTAGE -
DANGER" warnings signs shall be permanently
attached to the fence or wall and shall be spaced no
more than forty (40) feet apart. 'High Voltage" shall
be del'reed according to OSHA standards.
b. "NO TRESPASSING" warning
signs shall be permanently attached to the-fence or
wall and shall be spaced no more than forty (40) feet
apart.
c. The letters for the "HIGH
VOLTAGE - DANGER" and "NO TRESPASSING"
warning signs shall be at least six (6) inches in
height. The two (2) warning signs may be combined
into one (1) sign. The warning signs shall be installed
at least five (5) feet above the finished grade of the
fence.
d. The warning signs may be attached
to free standing poles if the content of the signs may
be obstructed by landscaping.
1997 S-6
9. Equipment storage. Mobile or
immobile equipment not used in direct support of a
tower facility shall not be stored or parked on the site
of the telecommunication tower, unless repairs to the
tower are being made.
10. Signs and advertising. The use of any
portion of a wwer for signs or advertising purposes,
including company name, banners, streamers, and the
like, shall be strictly prohibited.
11. Accessory buildings or structures. All
accessory buildings or structures shall meet all
building design standards as listed in this Code, and
in accordance with the provisions of the Standard
Building Code, latest edition. All accessory buildings
or structures shall require a building permit issued by
the building division, department of development.
12. Colors. Except where superseded by
the requirements of other county, state, or federal
regulatory agencies possessing jurisdiction over
telecommumcations towers, telecommunications
towers shall be painted or constructed in neutral
colors, designed to blend into the surrounding
environment, such as non-contrasting gray.
13. Non-interference. Each application to
allow construction of a telecommunication tower shall
include a statement that the construction ~
placement of the tower, will not unnecessarily
interfere with public safety communications and the
usual and customary transmission or reception of
radio and television service enjoyed by adjacent
residential and non-residential properties.
14. Parking. Communication towers shall
be exempt from the parking requirements of the Land
Development Regulations, unless otherwise required
by the Planning and Zoning Director.
15. Generators. All generators or
alternators used on site shall use propane fuel. Subject
to the approval by the Director of Utilities and the
Director of Development, the use of diesel powered
emergency generators may be permitted where more
than three (3) providers have collocated on a tower.
16. Building permits. In addition to the
review processes required in this section, a building
Telecommunication Towers and Antennas
street. Lighting and Lightning rods up to eight (8)
feet in length shall not be considered in measuring
the height of the tower.
distance from residential uses, existence of permanent
screening and buffering, and location within a large
area of commercial or industrial use;
b. Telecommunication towers shall
conform with the setbacks established for the
underlying zoning district.
c. Monopole, lattice or guyed tele-
communication towers shall not be permitted within
two hundred and fifty (250) feet of any residential
district or residential portion of a PUD.
d. Monopole, lattice or guyed tele-
communication towers shall not be lOCated within
seven hundred and fifty (750) feet of any existing
monopole, lattice or guyed telecommunication tower.
e. All buildings and other structur~
to be located on the same property as a tele-
communication tower shall conform with the setbacks
established for the underlying zoning district.
f. Waiver or reduction of separation
requirements.
(1) Waivers or reductions of
separation distances between wwers may be approved
by the city commission subject to the criteria
contained herein.
(2) Requests for waivers or
reductions of separation distances between towers
shall be based upon the inability to collocate on
existing towers or structures, the need to have more
than one (1) tower, or the efficient use of available
land within permitted zoning districts. The decision
shall be based upon a finding of compatibility and
competent and substantial evidence that the waiver
request meets one or more of the following criteria:
(a) Locationsl requirements/
limitations as established by the Federal Aviation
Administration (FAA) or the Federal
Communications Commission (FCC) or the Public
Service Commission (PSC), if any;
Co) Identification of a more
appropriate site that does not meet the separation
requirements above, by analysis of factors such as
(c) To avoid the location of
a tower on environmentally sensitive land, a
wilderness area, a historical site, or other sensitive
area; or
(d) To reduce'the impact on
adjacent residential uses.
4. Aircraft bnT~rd. Prior to the issuance
of a building permit by the building division,
department of development, the applicant shall
provide evidence that the telecommunication towers
or antennas are in compliance with Federal Aviation
Administration (FAA) regulations. Where an antenna
will not exceed the highest point of the existing
structure upon which it is to be mounted, such
evidence shall not be required. The 'least intensive
nighttime method of illumination acceptable to the
FAA shall be utilized.
5. Approval required from other
governmental agencies. Each application for a
telecommunication tower may be required to include
written approval or a statement of no objection from
other federal or state agencies that may regulate
telecommunication tower siting, design, and
construction.
6. FCC emissions standards. All
proposed telecommunication towers and
appurtenances and accessory equipment thereto shall
comply with current Federal Communications
Commission (FCC) standards for non-ionizing
electromagnetic radiation (NIER) and radio frequency
emissions.
7. Buffering.
a. An eight (8) foot fence or wall
constructed in accordance with the Land Development
Regulations, as measured from the finished grade of
the site, shall be required around the base of each
communication tower, tower service facilities, and
each guy anchor. Access to the communication tower
and its facilities shall be through a lOCked gate.
1997
2B Bo~nton Beach Code
Telecommunication Towers and Antennas
2A
towers shall have the capacity to permit multiple
users; at a minimum, monopole towers shall be able
to accommodate two (2) users and at a minimum,
self-support/lattice or guyed towers shall be able to
accommodate at least three (3) users~
3. Height/setbacks and related location
requirements.
a. The height of a tele-
commtmications tower shall not exceed one hundred
and fifty (150) feet. Tower height shall be measured
from the crown of the road of the nearest public
1998 S-9
Boynton Beach Code
antennas, antennas integrated into architectural
elements, and telecommunication and/or personal
wireless services towers designed to look like light
poles, power poles, clock towers, or trees.
Telecommunication tower - A guyed, monopole or
self-support/lattice tower, constructed as a free-
standing structure, containing one or more antennas
used in the provision of personal wireless services,
excluding radar towers, amateur radio support
structures licensed by the FCC, private home use of
satellite dishes and television antennas and satellite
earth stationS installed in accordance with applicable
codes.
Whip antenna - A cylindrical antenna that transmits
signals in 360 degrees.
(Ord. No. 97-I0, § 2, 4-15-97)
See. 3. Telecommnnicatiort~ Towers.
A. Freestanding telecommunication towers may
be permitted as a conditional use in accordance with
the Land Development Regulations in the following
zoning districts:
1. (REC) Recreation district greater than
five (5) acres. On property owned by the city, the
city shall authorize the application and use of city
property after the applicant executes a lease
agreement acceptable to the city. The city shall have
no.obligation whatsoever to execute such lease even
if the applicant can meet the criteria set forth herein.
2. (PU) Public Usage. On property
owned by the city, the city shall authorize the
application and use of city property after the applicant
executes a lease agreement acceptable to the city. The
city shall have no obligation whatsoever to execute
such lease even if the applicant can meet the criteria
set forth herein.
3. Industrial (M-l) zoning district
provided the towers are an accessory use and are
reviewed and approved in accordance with the Land
Development Regulations of the city. A monopole
type stealth facility must be utilized on vacant
propet~y in M-1 'zoning districts.
4. Property owned by the city within a
Planned Industrial Development (PID) district which
is designated for recreation use. The city shall
authorize the application and use of city property after
the applicant executes a lease agreement acceptable to
the city. The city shall have no obligation whatsoever
to execute such lease even if the applicant can meet
the criteria set forth herein. Tower locations shall be
consistent with approved, proposed or anticipated
plans for park development. Towers shall be
designed for collocation and consistent with rules and
regulations internal to a P.I.D.
B. Stealth towers shall be architecturally
compatible with existing buildings/structures on site;
consistent with the character of existing uses on site;
contain communications equipment or devices that it
is not readily identifiable; and shall not exceed 150
feet in height.
C. Minimum standards. Every tele-
communications tower must meet the following
minimum standards:
1. Prior to the issuance of a building
permit by the building division, depa~m~ent of
development, a site development plan shall be
presented for approval to the planning and zoning
department and the department of development. Each
application for a proposed telecommunication tower
shall include all requirements for site development
plan approval as required by the Land Development
Regulations. Each application shall contain a
rendering or photograph of the tower, including but
not limited to, colors and screening devices.
2. A statement shall be submitted,
prepared by a professional registered engineer
licensed to practice in the state, which through
rational engineering analysis certifies the tower's
compliance with applicable standards as set-forth in
the Standard Building Code, latest edition, and the
Code of Ordinances; and describes the tower's
capacity, including an example of the number and
type of antennas it can accommodate. No rower shall
be pen'nitted to exceed its loading capacity. For all
towers attached to existing structures, the statement
shall include certification that the structure can
support the load superimposed from the tower. All
1998 S-9
Chapter 10
-TELECOMMUNICATION TOWERS AND ANTENNAS
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Intent
Del'tuitions
Telecommunications Towers
Tower Replacement
Antennas Not Located on
Telecommunications Towers
Shared Use of Communication Towers
Applications
Sec. 1. Intent.
The regulations and requirements of this chapter
are intended to:
A. Promote the health, safety and general
welfare of the citizens by regulating the siting of'
telecommunications towers;
B. Provide for the appropriate location and
development of telecommunication towers and
antennas within the city;
C. Minimize adverse visual effects of
telecommunication towers and antennas through
careful design, siting, landscape screening and
innovative camouflaging techniques;
D. Avoid potential damage to adjacent
properties from tower failure through engineering and
careful siting of tower structures;
E. Protect residential areas and land uses from
potential adverse impacts of telecommunication
towers and antennas by maximizing use of any new
or existing telecommunication towers through shared
use, for exarnple, co-location, to reduce the number
of towers needed.
(Ord. No. 97-10, § 2, 4-15-97)
See. 2. Deflnittom.
The following words, terms and phrases, when
used in this subdivision, shall have the meanings
ascribed to them, except where the context clearly
indicates a different meaning:
1997 S-6
Accessory use - A use incidental to, subordinate to,
and subservient to the main use of the property. As
defined in this section, an accessory use is a
secondar'y use.
Antenna - A transmitting and/or receiving device
and/Or relays used for personal wireless services that
radiates or captures electromagnetic waves, including
directional antenaas, such as panel and microWave
dish antennas, and omni-directional antennas, such as
whips, excluding radar antennas, amateur radio
antennas and satellite earth stations.
Extraordinary conditions- Subsequent to a hurricane,
flood or other natural disaster.
Guyed tower - A telecommunication tower that is
supported, in whole or in part, by guy wires and
ground anchors.
Microwave dish antenna - A dish-like antenna used to
link personal wireless service sites together by
wireless transmission of voice or data.
Monopole wwer A telecommunication tower
consisting of a single pole or spire self-supported by
a permanent foundation, constructed without guy
wires and ground anchors.
Panel antenna - an array of antennas designed to
concentrate a radio signal in a particular area.
Roofline - The overall ridge line of the structure
which does not include cupolas, elevator towers,
clock towers or other features that are permitted to
exceed the maximum height of the building.
Self. support~lattice tower- A telecommunication
tower that is constructed without guy wires and
ground anchors.
Stealth facility - Any telecommunications facility
which is designed to blend into the surrounding
environment and which is incorporated into and is
compatible with uses otherwise permissible on site.
Examples of stealth facilities include, but are not
limited to, architecturally screened roof-mounted
6
Boynton Beach Code
1. Overhead ~ioors shall not be located on
a building facade(s) that faces any of the above public
or private street.
2. Industrial buildings located on any of
the above streets shall be designed in such a manner
so as to disguise their typical warehouse appearance.
L. See also "Signs', Section 10.I. above.
(Ord. No. 95-04, § 1, 3-21-95; Ord. No. 95-37, § 1,
10-17-95; Ord. No. 96-31, § 1, 5-21-96)
1996 5-3
4. A minimum ten (10) foot wide buffer
strip shall be imtalled between the street right-of-way
and the drive-through lane, along the entire leng~ of
the drive-through lane facing the street, and sl~ll be
provided in lieu of any landscaping required by the
landscape code for vehicular use areas adjacent to a
public right-of-way. The width of the buffer strip
shall exclude utility easements.
5. The landscape buffer strip referenced
above shall contain a minimum two (2) foot tall earth
berm along the entire length of the drive-through lane
facing the stree~ and shall have a slope not to exceed
a ratio of three-to-one (3:1).
6. The landscape buffer strip referenced
above shall be planted with a minimum of one (1)
tree, a minimum of twelve (12) feet ~ll, for each
thirty (30) linear feei, or fraction thereof, of drive-
through laneage facing the street. In addition, there
shall be planted within this buffer strip a continuous
solid visual screen at least three (3) feet in height
within one year of installation. This screen shall be
comprised of at least two different species of shrubs
planted in groupings or undulating rows. The shrubs
shall be a minimum of three (3) gallons in size with
an 18-24 inch spread, full to base, at time of planting.
Ground cover shall be planted within 25 % of the
required area of the landscape buffer strip.
?. The landscape buffer strip referenced
above shall use plant materials that meet the quality
requirements of the city's landscape code.
I. All building facades of a building that face
or are visible from public or private streets shall be
designed to be as auractive in appearance as the from
of the building.
I. Due to the high degree of visibility of
buildings located on Hypoluxo Road, Miner Road,
Congress Avenue, Lawrence Road, Gateway
Boulevard, Quantum Lakes Drive, Old Boynton
Road, Knuth Road, Woolbright Road, Boynton Beach
Boulevard, Winchester Boulevard, High Ridge Road,
Seacrest Boulevard, Golf Road, Ocean Avenue,
Federal Highway, Old Dixie Highway, N.E. 10th
Avenue and $.E. 36th Avenue; most of which are
considered entrances to the City, the following
additional exterior design requirements apply:
1996 S-3
4 Boynton Beach Code
limitations shall not apply to non-word depictiom on
signs.
5. Freestanding directory signs, internally
located within the site are encouraged rather than
multiple tenant listings on freestanding identification
signs.
6..Sign lettering shall be easy to read and
in scale with the building or tenant space on which it
is located.
7. Small lettering on freestanding
identification signs located close to entrances shall not
be allowed. Lettering size shall take into
consideration the traveling speed of the adjacent
street.
8. The number of different lettering styles
on tenant signage on multiple tenant buildings and
their outbuildings and outparcels shall be limited to
one in addition to the lettering styles of the nationally
registered copy of all tenants located within the
building and its outbuildings and outparcels.
(Ord. No. 95-04, § 1, 3-21-95; Ord. No. 96-59, § 2,
1-21-97)
Sec. 11. Exterior Buildin~ Design.
A. Building design approval shall be based on
the use of the structure, its relationship to the site,
and its compatibility with the surrounding natural and
built environment.
B. When a distinct development or
architectural pattern exists within a surrounding two
block area, consistency with that pattern shall be
required, unless the pattern of development is in a
dilapidated condition. This provision shall not
require buildings to be exact copies of each other.
C. Buildings or structures which are perceived
as pan of a present or future group of buildings shall
exhibit similar, unifying design elements.
D. When the area involved forms an integral
part of, or is immediately adjacent to, or otherwise
clearly affects the future of any established section of
the city, the design, scale and location on the site
shall enhance rather than detract from the character,
value, and attractiveness of that section of the city.
E. Rooftops will be treated as part of the
building elevation. All rooftop equipment must be
completely screened from view at a minimum distance
of 600 feet.
F. All building designs shall achieve a sense of
human scale through use of insets, balconies, window
projections and other building elements in the design
of a structure.
G. Buildings, which are of symbolic design for
reasons of advertising, unless otherwise consistent
with the criteria herein, shall not be allowed.
Symbols attached to buildings shall not be allowed,
unless they are secondary in appearance to the
building and landscape and are an aesthetic asset to
the building.
H. Drive-up or walk-up windows for
commercial uses shall not be located on a building
facade that faces a public or private street, unless the
following requirements are met:
1. The building facade shall have windows
that occupy no less than 25 % of the facade and that
are located at the pedestrian level. A maximum of
10% of this 25% may be simulated windows.
2: The building facade shall be modulated
and divided into smaller identifiable pieces to
articulate the plane of the facade.
3. The building facade shall have at least
one offset having a pitched roof.
1997 S-5
o ·
CornrrlUll~iy Design Plan
B. Vehicular and Pedestrian Circulation.
1. Separate vehicular and pedestrian
circulation systems on a site are encouraged.
2. Vehicular and pedestrian circulati.on
systems on adjacent properties shall be linked to
encourage cross-access.
3. Parking lots and other vehicular use
areas shall be integrated with surrounding structures
and with the building, or group of buildings, that
they serve.
4. Design emphasis shall be given to the
entrances and exits to parking areas, through use of
landscaping.
C. Service Areas.
1. Lighting fLxture height, style, design
and illumination level shall be compatible with the
building design and height and shall consider safety,
function and aesthetic value.
2. Lighting Shall not be of an intensity that
produces glare on adjacent properties.
3. Feature lighting emphasizing plants,
trees, barriers, entrances, and exits is encouraged.
4. Lighting may be used to illuminate a
building and its grounds for safety purposes and to
enhance its beauty. However, the visual effect shall
be subtle.
5. Lighting shall not be used as a form of
advertising in a manner that draws more attention to
the building or grounds at night than in the day.
1. Unloading and loading areas shall be
screened from streets and public view by a buffer
wall or continuous vegetative buffer. Vegetative
buffers shall be comprised of shrub and tree species
having dense foliage and of a size and spacing to
form a continuous screen of plant material as
required by the Landscape Code.
2. All dumpsters and recycling receptacles
shall be located on site so that they are easily
accessible for pickup. No trash receptacles shall be
located in a parking space.
3. All dumpsters, recycling receptacles
and lift stations shall be screened from public view
with a six foot high, concrete block stuccoed wall.
Such enclosure openings shall have gates.
4. Exterior utility boxes, meters,
transformers, etc. shall be screened from public view
by a buffer wall or continuous vegetative buffer as
required by the Landscape Code.
E. Wails, fences, enclosures, and similar
incidental site structures shall resemble, with respect
to color and materials, the design of the principal
buildings and shall be integrated with other site
elements.
F. Exterior Lighting.
6. Lighting attached to the form of the
exterior of the building or part of the building
exterior or visible from the exterior of the building
shall not be .permitted if it is contrary to the
architectural style of the building.
H. Sculptures, fountains, gardens, pools,
trellises and benches shall be encouraged within the
site design.
I. Signs.
1. Signs shall be designed and treated as
pan of the architecture of a building and shall be
reviewed at time of site plan review.
2. A single sign style (such as cabinet,
channel, reverse channel) shall be used for wall
signage on all buildings on a site.
3. Sign colors shall be comPlementary to
the colors of the structure on which it is located. The
number of colors used for tenant signage for multiple
tenant buildings and their outbuildings and out'parcels
shall be limited to two, in addition to white and
black. Colors of nationally registered copy of tenants
within the building shall be included in this limitation.
4. Non-word depictions on signs shall be
limited to 20% of the area of the sign erected. Color
1997 S-5
2 Boynton Beach Code
Chapter 4, all projeds subject to compliance with the
community design plan shall submit elevation
drawings of all sides of each building proposed to be
developed on the site. Colored elevations will only
be required for the front elevation of a structure when
all sides of a building are consistent in color and
materials. Each colored elevation drawing shall
identify the type of each exterior finish material and
state the color by name, manufacturer and model or
style number. A color sample shall be submitted as
an example along with the color or product identified
on the plans. The sample will be used for the final
site inspection to ensure that the product and color
represented at time of site plan approval. For
projects which require site plan approval, all colored
elevation drawings and/or samples shall be submitted
to the Planning and Zoning Department by the site
plan approval deadline date.
(Ord. No. 95-04, § 1, 3-21-95)
Sec. 6. Exemptions.
Single-family and duplex dwelling units on
individually platted lots shall be exempt from this
chapter.
(Ord. No. 95-04, § 1, 3-21-95)
Sec. 7. Adwini~tration and interpretation of
regulations and provisions.
A. The interpretation and application of this
chapter by the Planning and Zoning Department shall
be reasonable and uniformly applied to all property,
except those exempt in Section 6 above, within the
City of Boynton Beach.
B. The regulations and provisions of this
chapter shall be held to the minimum requirements
adopted for the protection and promotion of the
public health, safety, comfort, convenience, order,
appearance, prosperity or general welfare.
C. Whenever the regulations and requirements
of this chapter are at variance with the requiremems
of any other lawfully enacted and adopted rules,
regulations, ordinances or laws, the most restrictive
shall apply.
(Ord. No. 95-04, § 1, 3-21-95)
Sec. $. Reserved.
Sec. 9. General Intent.
A. Buildings, structures and site elements are
'- not required to match surrounding existing
developments, but shall be in visual harmony with
surrounding developments.
B. Buildings or structures located on separate
parcels and buildings or structures part of a present or
future multi-building complex, shall achieve visual
unity of character and design concepts through the
relationship of building style, texture, color,
materials, form, scale, proportion and location.
(Ord. No. 95-04, § 1, 3-21-95)
Sec. 10. Site Criteria.
A. Building Location.
1. Outbuildings, either located on the
same parcel or an adjacent parcel as the principal
building, shall not be located so as to totally block
from the street, the visibility of any tenant space
within the principal building on the site. Blocking
shall be considered to occur if at the street frontage,
the head-on view of a tenant space within the
principal building is not partially visible.
2~ Buildings shall be designed and sited to
fully utilize the site and avoid unusable or
inaccessible open space or parking spaces.
3. Siting and orientation of buildings must
respond to the pedestrian and/or vehicular nature of
the street on which it is located.
1997 S-5
" Chapter 9
COMMUNITY DESIGN PLAN
Sec. 1. Title
Sec. 2. Purpose
Sec. 3. Definitions
Sec. 4. Applicability
Sec. 5. Community Design Review and Approval
Sec. 6. Exemptions
Sec. 7. Administration and Interpretation of
Regulations and Provisions
Sec. 8. Reserved
Sec. 9. Generallntent
Sec. 10. Site Criteria
Sec. 11. Exterior Building Design
the cost of which equals or exceeds fifty (50) per cent
of the value of the structure as established by the
most recent Palm Beach County ad valorem tax bill,
either (1) before the improvement or repair is started,
or (2) if the structure has been damaged and is being
restored, before the damage occurred, For the
purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the
building commences, whether or not that alteration
affects the external dimensions of the structure.
(Ord. No. 95-04, § 1, 3-21-95)
Sec. 1. Title.
This chapter shall be known and may be cited as
the "Boynton Beach Community Design Plan".
(Ord. No. 95-04, § 1, 3-21-95)
Sec, 2. Purpose.
The purpose of this chapter is to promote
harmony with nature and a pleasant and
comprehensible cohesiveness among development
within the City of Boynton Beach. Through
enforcement of this Community Design Plan, the
local elected officials shall determine the basic
aesthetic character to be achieved in the development
of the community.
(Ord. No. 95-04, § 1, 3-21-95)
Sec. 3. Def'mitiom.
As used in this chapter, the following words and
terms shall have the meaning ascribed thereto:
Addition - An expansion, extension, or increase in the
usable space within a building or facility.
Alteration Any change or modification in
construction.
Substantial, Substantial Improvement - Any repair,
reconstruction, or improvement of a structure or site,
1997 S-5
Sec, 4, Applicability,
A. New Construction. This chapter shall apply
concurrently and in direct relation with the
requirements of Chapter 4, Site Plan Review of these
regulations.
B. Existing Construction. This chapter shall be
applicable under any of the following conditions:
1. When an existing building is proposed
to be enlarged.
2. When exterior alteration or
reconstruction of an existing building is changed
and/or alters the effect of the architectural design of
the building.
3. When an existing building and/or site
is substantially improved.
4. When the occupancy classification of
the building changes as defined by the Standard
Building Code.
(Ord. No. 95-04, § 1, 3-21-95)
Sec. $. Community deSign review and approval.
Community design review and approval shall be
regulated by Chapter 4, Site Plan Review, Part HI,
Land Development Regulations. However, in
addition to the submittal requirements set forth in
4
Boynton Beach Code
Judicial Circuit in and for-Palm Beach County to
enjoin violations of this chapter. Upon any violation
of this chapter, the court shall have the power to
enjoin said nuisance by injunction and may require
that the land upon which the violation has been
committed be returned to its condition prior to the
illegal excavation or as close thereto as reasonably
possible. Further, any party creating the nuisance
pursuant to this chapter shall be responsible for all
city's costs including attorney's fees for bringing the
injunction action pursuant to this section. E.
Mitigation. If building construction on the site is to
be delayed more than thirty days after the site is
cleared or partially cleared, all disturbed portions of
the site shall be seeded and mulched as described in
Chapter 7.5, Article I, Section 19.C. The intention
of this paragraph is to provide adequate ground cover
to all portions of a disturbed site until permanent
ground cover is installed.
F. Discovery of archeological artifacts.
Construction must immediately cease upon discovery
of archeological artifacts, and certified notification
must be forwarded within 24 hours to the Division of
Archives, History and Records Management, Florida
Department of State. Artifacts must be protected by
the developer to the satisfaction of the division prior
to recommencement of construction in the immediate
area of the discovery.
(Ord. No. 96=58, § 5, 1-21-97)
ARTICLE V. NUISAi~CE ABATEMENT
The applicant shall control blowing sand, dust
and other airborne particulate matter during clearing,
grubbing, excavation and filling and until such time
as permanent ground cover is installed. All
Melaleuca, Brazilian Pepper and Australian Pine
which occurs on the site shall be removed.
ARTICLE Vl. RESTORATION SURETY
Applicant must submit surety as outlined in
Chapter'7 in the mount of one hundred ten (110) per
cent of the engineer's certified cost for restoring the
site to its original condition including, but not limited
to, repair of access/haul routes; seed; sod; trees and
utilities.
1997 S-5
Excavation and FiLl Regulations
c. Survey. A signed and sealed
survey not more than six (6) months out-of-date to
include, but not be limited to, topography.
d. Surety. Suitable surety posted
to insure strict compliance with the objectives of this
chapter. See Chapter 7.
2. Reviews.
a. Commission review.
(1) When required. The
applicant must secure approval of the City
Commission for all work which includes the moving
of more than 1,000 cubic yards of materials beyond
the project property lines. Exception: work associated
with plat. approval does not require second
Commission approval.
(2) Review procedure. The
City Commission in their deliberations shall relate the
issuance of ~ permit to the Objectives of this chapter.
The application must be .denied if they find issuance
would be inconsistent with the purposes of this
chapter.
3. Permit issuance. An excavating,
filling and/or dredging permit or a land development
permit must be issued by the director of development
prior to any work being performed.
B. Permit fees. Fees for excavating, filling
and/or dredging will be as established by the City
Commission from time to time, and will be the same
as fees for excavating, filling and/or dredging under
a land development permit.
C. Waivers. The issuance of a permit to
excavate materials does not waive zoning or other
applicable city regulations.
(Ord. No. 96-58, § 4, 1-21-97)
ARTICLE IV. CONSTRUCTION
A. Creation of water bodies. In instances
involving the creation of water bodies as a result of
excavating materials, work shall comply with the
requirements of the water management district except
the city may impose more stringent requirements
when judged to be in the public interest. Those
requirements include, but are not limited to, the
planting of fifty (50) per cent of the lake perimeter
with approved littoral and upland plantings.
The ownership and maintenance
responsibility for drainage facilities, including lakes,
shall be clearly stated in documents recorded in the
county clerk's records. Official copies of the
recorded documents will be given to the city prior to
issuance of a certificate of completion.
B. Inspections and repons.
I. Inspections by city. In connection with
the administration of this chapter, inspections shall be
requested by the developer as prescribed by the
director of development, and will become a part of
the final record.
2. Required repons. A certified report
shall be submitted each month by the applicant's
Florida registered engineer.
Each report shall certify that the work
is (or is not) conforming with the requirements of the
permit. If the work is not in conformance, then the
report must list each item of work not consistent with
the stipulations of the permit and the remedial action
that the engineer has taken concerning each item.
C. Stoppage of work. Failure to comply with
the plans of record shall result in an order to stop
work from the director of development or his
designee.
D. Violations. In addition to the remedy
afforded in Article IV. C, the city may enforce the
provisions of this chapter as follows:
1. ~Violation of the provisions of this
chapter shall be a misdemeanor of the Second degree
punishable by up to sixty (60) days in jail and/or a
five hundred dollar ($500.00) fine and the city may
prosecute violation of this chapter as such.
2. The city may seek a mandatory
injunction with the circuit court of the Fifteenth
1997 S-5
2 Boynton Beach Code
B. Category :2--Activity involving the
excavation and/or filling of materials not more than
two (2) feet below existing grade with excavated
materials moved beyond the project property lines.
C. Category 3--Activity involving the
excavation and filling of materials more than two (2)
feet below existing grade or excavation below the
water table with no materials moved beyond the
project property lines.
D. Category 4--Activity involving the
excavation of materials more than two (2) feet below
existing grade or excavation beyond the water table
with materials being moved beyond the project
property lines.
E. Category 5--Activity involving less than one
hundred cubic yards of dredged material with no
materials moved beyond the project property lines.
F. Category 6-Activity involving either one
hundred cubic yards of dredged material or
movement of any quantity or dredged material
beyond project property lines. ..
(Ord. No. 96-58, § 3, 1-21-97)
ARTICLE III. PERbflTTING
A. Permit application and review. Landowner
or his agent shall secure a permit for work described
in this chapter from the director of development as
follows:
1. Submissions.
a. Reclamation Plan. Submit a
reclamation plan signed and sealed by a Florida
registered engineer which includes at a minimum the
following:
(1) Materials depicting
existing grade and vegetation;
(2) A phasing plan, where
applicable;
(3) Soil borings indicating
the depth of the various materials to be dredged or
excavated;
(4) A map indicating the
location of soil borings;
(5)
with finished land elevations shown;
Finished cross sections
(6) A description
method(s) involved in the excavation;
of the
(7) A listing of the person or
persons responsible for the work proposed;
(8) Tabulationofthe amount
of material to be moved;
(9) Plans for the abatement
crt' nuisances such as the flowing of dust and sand;
(10) The steps to be taken to
protect the water resources, if applicable;
(11) The height and location of
proposed stockpiles;
stockpiling;
(12) The duration of
(13) The duration of the work;
(14) Traffic plans to include the
treatment of internal roads, private or public street
crossings;
egress to the site;
(15) Points of ingress and
appropriate;
(16) Location of mm lanes, if
(17) Methods to insure public
safety during and after the work to be performed.
b. Pen'nits. Permits from other
local governments, if appropriate.
1997 S-5
Chapter
EXCAVATION AND FILL REGULATIONS
Art. I. In General
Art. II. Classifications
Art. III. Permitting
Art. IV. Construction
Art. V. Nuisance Abatement
Art. VI. Restoration Surety
ARTICLE I. IN GENERAL
Sec. 1. Short title.
This chapter may be referred to as the "Boynton
Beach Excavation and Fill Regulations."
Sec. 2. Purpose and intent.
The purpose of this chapter is to provide a set of
regulations which govern the excavating, filling
and/or dredging of materials within the City of
Boynton Beach. It is intended that these regulations
provide a minimum set of standards to be followed
when excavating, filling and/or dredging of materials
is proposed within the city in order to protect the
health, safety and welfare of current and future
residents. The issuance of a permit by the city
pursuant to this chapter shall not relieve any party
from obtaining the necessary excavation, dredge and
fill permits from other state, federal or local
governmental agencies which have jurisdiction over
the proposed fill, dredge or excavation, and it shall
not permit the destruction of ocean front dunes which
is strictly prohibited. See also LDR Chapter 7.5,
Article I, Section 5B; Code of Ordinances Chapter
10, Sections 10-23; 10-26(d) and 10-30; and LDR
Chapter 2, Section 4, paragraph Ng. It is intended
that requirements contained in Chapter 8 apply to all
excavating, filling and dredging activities whether
they are performed as part of the improvements
required in the platting process; when associated with
simultaneous building construction; or when
performed as a separate operation.
(Ord. No. 96-58, § 1, 1-21-97)
1997 5-5
Sec. 3. Scope.
These regulations shall be applicable to all lands
within the corporate limits of the city of Boynton
Beach.
Section 4. Objectives.
The objectives of these regulations include, but
are not limited to, the following:
A. To provide a maximum degree of safety and
protection for the public through the orderly control'
of excavation operations;
B. To mitigate nuisances and reduce the
negative impact of excavation operation on the
residents of Boynton Beach and the environment;
C. To provide a living environment for future
residents of Boymon Beach which is relatively free
from hazards which could result from misdirected
excavation operations; and
D. To provide for the orderly excavation of
land consistent with the public-health, safety and
welfare.
E. To prohibit land clearing practices that
destroy native Florida ecosystems in whole or in pan.
(Ord. No. 96-58, § 2, 1-21-97)
ARTICLE H. CLASSIFICATIONS
Classification of activities.
For the purpose of this 'chapter, excavating, filling
and dredging activities are further classified as
follows:
A. Category 1--Activity involving the
excavation and filling of materials not more than two
(2) feet below existing grade with no materials moved
beyond the project property lines.
2O
..
Boynton Beach Code
complete its evaluation of environmental impacts.
The TRC will then have thirty (30) days to make its
determination concerning conditions of approval for
the development to the planning and development
board. The planning and development board shall
review the determination of the TRC at its next
regularly scheduled meeting. The planning and
development board shall accept or amend, as
necessary, the determination of the TRC.
Sec. S. Appeals.
Any aggrieved person may appeal as outlined in
Chapter I, Article VII. The following standards shall
be addressed by the appellant in his written request:
A. Whether the subject property is an
environmentally sensitive land or contains
endangered, threatened and rare species and/or
species of special concern in accordance with the
definitions set forth in-Sections 2.C 'and D; and
B. Whether the conditions placed on the
development application are reasonable and represent
sound environmental practices necessary to mitigate
possible harmful impacts upon the subject property
and are necessary in order to protect the health,
safety and welfare of the citizens of the City of
Boy'nton Beach.
(Ord. No. 96-$?, § 5, 1-21-97)
C. If the property proposed for development is
greater than ten (10) acres in size and has been
designated as a "B" or "C" rated site, the developer
shall be required to preserve a minimum of twenty-
five (25 %) of all native plant communities on the site.
The preserve areas may be separated into micro
preserves. Habitat shall be preserved with intact
canopy, under story and ground cover.
. D. The specific location of the preservation
area shall be determined following site survey and
shall be identified in the site development order or
permit. In determining the most appropriate location
for the preserve area within the site, the city shall
consider, in addition to Other factors, the proximity of
the preserve area to developed and undeveloped
property surrounding the site, the ability to maintain
the preserve area based upon surrounding
development, and the recommendations of the city's
professional staff and outside consultants.
E. Natural resource sites identified in table 2 of
the conservation element of the city's comprehensive
plan and which exceed ten (10) acres in size shall be
subject to the twenty-five (25 %) percent preserve area
set aside notwithstanding subdivision into smaller
parcels. In the event of subdivision or partial
development, the first parcel seeking development
shall be required to satisfy the twenty-five (25%)
percent reserve area set aside.
(Ord. No. 96-30, § l, 5-21-96)
Sec. 6. PFeservation of natural resource sites.
A. Prior to the development of any land which
has been designated as either an "A", "B" or "C'
rated site in the conservation element of the city's
comprehensive plan, the proposed developer shall
submit a detailed flora and fauna survey to the city.
Review shall be as provided in Sections 3, 4 and ~
above.
B. If the property proposed for development is
greater-than ten (10) acres in size and has been
designated as an "A" rated site, the developer shall
be required to preserve a minimum of twenty-five
(25 %) percent of all native plant communities on the
site. Habitat shall be preserved with intact canopy,
under story and ground cover.
Secs. 7 - 11. Reserved.
1997 S-5
Environmental Regulation 19
Sec. 3. Review procedures for proposed land
alterations.
All applications for site plan or subdivision
approval where proposed alterations of
environmentally sensitive lands occur shall be
reviewed by the technical review committee (TRC)
for evaluation. The evaluation by the TRC of any
proposed alteration of lands found to be
environmentally sensitive shall be based on an
environmental study completed by the property owner
or his or her designee. This study shall include, but
not be limited to, the following information.
A. Site conditions: -
1. Site location map - with the specific
property clearly indicated.
2. Aerial photograph - with the specific
property clearly indicated (scale: one { 1 } inch equals
six hundred' {600} feet or lessI.
3. Detailed map of existing terrestrial and
aquatic vegetation, including exotic species within the
jurisdictional limits of wetland jurisdiction of the
U.S. Army Corps of Engineers and the Florida
Department of Environmental Regulation.
Soil types and conditions.
5. List of endangered, threatened and rare
species and species of special concern found on the
site.
6. Colonial bird nesting or roosting areas
or areas in which migratory species are known to
concentrate.
7; Archaeologically and/or historically
significant features.
B. Project designs:
I. Conceptual footprint of site
development, including buildings, roadways, parking
areas, utilities, water features, flood control
structures, stormwater systems, wellfield locations,
landscaped areas, buffer areas, preserve areas, and
other open space areas, as an OVerlay to vegetation
mapping detailed in Section 3.A.3 above.
2. Existing zoning.
3. Status of development approvals,
including permit applications.
· C. Project operation:
1. Description of proposed Operations to
be performed on the site including use, storage,
handling or production of substances known to be
harmful .to humans, plants and/or animals.
2. Identification of any pollutants expected
to be emitted during project operation.
3. Identification of timing and source of
noise and/or vibration impacts on resident and
adjacent human and animal life.
D. Project alternatives:
I. Discussion of project alternatives
should be prOvided, including options considered and
rejected and the rationale for rejection of each option
considered.
2. Mitigation considerations should be
discussed in detail as they relate to possible loss of
habitat or impact on endangered, threatened or rare
animal and plant species, or species of special
concern.
8. Geologically significant features.
9. Areas of previous disturbance or
degradation, including present and past human uses
of site.
10. Surrounding land uses.
Sec. 4. Review schedule.
Any additional information determined to be
required by the TRC must be requested by the TRC
within thirty (30) days of receipt of the above
information. Upon receipt of the above information,
the TRC shall have thirty (30) days in which to
18 Boy'ton Beach Code
7. Additional Plantings. After the mini-
mum requirements have been met using the required
species, other species may be planted as additional
8. Prohibited species.
species shall not be planted:
The following
Australian Pine - Casaurina equisetifolia
Brazilian Pepper - Schinus terebinthifolius
Cajeput Melaleuca - Melaleuca leucadendm
Fichus - Fichus species
9, Native vegetation. At least ninety (90)
per cent of shade and small tree species installed shall
be native vegetation.
I0. Mulch and ground cover other than
living plantings. Planting beds and trees shall be
mulched to a depth of at least two (2) inches.
(Ord. No. 97-26, § 1, 7-1-97)
See. 9. Reserved.
ARTICLE IV. ENVIRO~~Y
SENSITIVE LANDS
Sec'; 1. Permitting requirements, environmental
protection.
The purpose of this section is to preserve and
protect the values and functiom of environmentally
sensitive lands from alterations that would result in
the loss of these lands or significant degradation of
their values 'and functiom. An environmental impact
statement shall be submitted with all applicatiom for
site plan or subdivision approval and such statement
shall address and identify any and all endangered,
'threatened and rare species and species of special
concern as defined in Section 2.C herein below as
well as areas of concern set forth in the Palm Beach
County Wellfield Protection Ordinance. If none
exist, the applicant must so state and provide support
documentation to the planning deparunent.
Sec. 2. Definitions.
As used in this article, the following words and
terms shall have the meaning ascribed thereto:
A. Alteration: Any activity which results in the
modification, variation or tra~formation of environ..
mentally sensitive lands, including but not limited to
placement of vehicles, structures, debris, or any other
material objects thereon, introduction or injection of
water or other substance, and removal, displacement
or disturbance of plant or animal species, soil, rock,
mir~ or wator.
B. Ecosystem: An assemblage of living'
organisms (plants, animals, microorganisms, etc.) that
functions as a dynamic whole through organized
energy floWS..
C. Endangered, threatened and rare species and
species of special concern: Species listed as
endangered, threatened, rare or of special concern by
one (1) or more of the following agencies:
1. U.S. Fish and Wildlife Service.
2. Nlorida Game and Fresh water Fish
Commission.
3. Florida Committee on Rare and
Endangered Plants and Animals.
4. Florida Department of Agriculture.
$. Treasure Coast Regional Planning
Council.
D. Environmentally sensitivelands: Ecological
sites (ecosites) representing high quality native
E. Native Florida Ecosystems: A self-organized
ecosystem of a type existing in Florida prior to
European colonization and containing predominantly
native species.
1998 S-7
Environmental Regulation I?
12. Visibility. When a driveway intersects
a public right-of-way, or when the property abuts the
intersection of two (2) public rights-of-way,
landscaping within the areas described in a. and b.
below shall allow cross vis~ility between three (3)
feet and six (6) feet above grade level. Trees may be
permitted provided they do not create a traffic b,"",'d
and are trimmed to allow the required visibility.
a. The rectangular areas of property
on both sides of a driveway formed by its intersection
with the public right=of-way for fifteen (lb') feet in
length along the right=of-way and five (5) feet in
width.
b. The triangular area of property
abutting the intersection of two (2) public rights=of-
way, with the two (2) sides abutting the rights=of-way
each being twenty (.20) feet. ~
c. Shrubs and ground cover in land-
scaped parking areas shall be maintained so as to be
no higher than three (3) feet within five (5) feet of a
driveway.
B. Planting specifications. Plant materials shall
be Florida No. 1 or better as specified in the current
"Grades & Standards for Nursery Plants," State of
Florida, Department of Agriculture, and shall meet
'the following minimum requirements when installed:
1. Shade trees:
a. Shade trees shall be at least twelve
(12) feet high, with a seven-foot spread, a three-inch
caliper trunk diameter measured six (6) inches above
grade, and have six (6) feet of clear wood.
b. Shade trees to meet the minimum
requirements for parking areas shall be selected from
the approved specie~ list in the central business
district design guidelines.
c. Shade trees shall be installed to
meet the following minimum requirements:
(1) Shall be planted in area with
at least a three-foot wide minimum dimension.
(2) Shah be protected by an
upright curb or wheel stop if within three (3) feet of
a vehicular surface.
(3) Center of tree mink shall be
in line with the center of line denoting edge of
parking space if within three (3) feet of a parking
space.
2. Small trees. Small trees, to meet the
minimum requirements for F.E.C. Railroad buffer,
shall be at least eight (8) feet high, with a five-foot
spread, multi-trunk, and shall consist of the following
species:
Wax Myrtle - Myrica cerifera
Sea Grape - Coccoloba uvifera
Bottle Brush - C. allistemon rigidus
3. Shrubs:
(a) Shrubs shall be at least three (3)
gallon container, twenty-four (24) inches high, with
an eighteen (18) inch spread, planted eighteen (18)
inches on center.
(b) Shrubs to meet the minimum
requirements for screen hedges and F.E.C. Railroad
buffer shall be at least twenty-four (24) inches high,
planted not more than eighteen (18) inches on center,
and be selected from the following species:
Japanese Privet - Ligustrum japonicum
Sandankwa Viburnum- Viburnum suspensum
Coco Plum- Cluysobalanus species
4. Vines. Vines shall be at least two (2)
feet high, and shall be planted not more than five (5)
feet on centers.
5. Ground cover. Ground-cover shall be
at least one-gallon container, with a twelve-inch
spread, and shall be planted not more than twelve
(12) inches on center.
6. Lawn grass. Lawn grass shall be St.
Augustine turf grass, and only sod shall be planted.
1998 S-?
16
vehicular use areas shall be protected by upright
curbs or wheel stops.
3. Railroad buffer strip landscaping.
Properties adjacent to the F.E.C. Railroad right-of-
way are required to have a landscape buffer strip
along the right-of-way.
The landscape buffer strip shall meet
the following minimum requirements:
a. Landscaped buffer strips shall be
at least five (5) feet wide.
b. Living plant materials shall cover
at least seventy (70) per cent of the required
landscaped area, and shall include trees, shrubs and
ground cover, but not lawn grass.
c. Small trees shall be planted no
greater than fifteen (15) feet on center along the
buffer strip.
d. Shrubs shall be planted to form a
continuous dense screen hedge. The shrubs shall be
maintained' to grow to their full ilatural height.
concrete pad, of at least one hundred (100) square
feet.
b. Service areas and dumpsters shall
be screened from view by walls at least six (6) feet
high, landscaped with shrubs and/or vines.
7. Parking area lighting. Parking area
lighting units shall be installed and shall be:
a. Designed to provide at least an
average of one (1) footcandle at ground level.
b. Located to not reflect directly onto
adjacent property.
c. Indicated on the landscape plan,
and specified on the drawings.
d. Energy efficient, high pressure
sodium.
8. Pedestrianlighting. Pedestrian lighting
units shall be installed and shall be:
a. Designed to provide at least an
average of three-quarters footcandle at ground level.
e. Shade trees shall be planted no
closer than twenty (20) feet to the railroad right-of-
way.
4. Entrance treatments. Parking area
entrances and pedestrian building entrances shall be
given special treatment consideration in accordance
with the intent of central business district design
guidelines.
5. Screen walls:
a. Wall construction shah be surface
textured concrete or masonry.
b. Screen walls adjacent to streets
and alleys shall not exceed three (3) feet in height,
unless they are screening service and dumpster areas.
6. Service areas and dumpsters:
a. Dumpsters shall be placed_ on a
1998 S-7
b. Located to not reflect directly onto
adjacent property.
c. Indicated on the landscape plan,
and specified on the drawings.
d. Energy efficient, metal halide.
9. Pedestrianwalkways. Pedestrian walk-
ways shall be installed, and shall be in accordance
with the intent of the central business district design
guidelines.
10. Exterior furnishings. Exterior fur-
nishings to be installed, including seating, fountains,
garbage receptacles, sculpture, bollards, drainage
gratings and related items shall be indicated on the
landscape plan and be specified on drawings.
11. Curbs, wheel stops and stall marking.
Curbs, wheel stops and stall marking shall be
indicated on the landscape plan and be specified on
drawings.
Enviro-~entai Regulation
15
Sec. 7. Maintenance and irrigation.
A. The owner shall be responsible for the
maintenance of all landscaping, which shall be
maintained in good condition so as to present a
healthy, neat and orderly appearance and shall be
kept free from refuse and debris.
B. All planted areas and trees shall be irrigated
by an automatic irrigation water supply system,
which shall be maintained in good working condition.
Sec, 8. Central business district landscape
requirements.
Development in the central business district shall
conform to these minimum landscape requirements,
and where possible shall conform with recommenda-
tions of the central business district design guidelines.
1. Perimeter strip_ landscaping. Except
along the east side of NE 6th Street north of Ocean
Avenue and the south side of Casa Loma Boulevard,
landscape strips with landscaping material are
required to be located within the property line along
:the entire perimeter of parking and vehicular use
areas, and shall meet the following minimum require-
merits:
a. Landscape perimeter strips shallbe
at least three (3) feet wide.
b. Living plant materials shall cover
at least seventy (70) per c~m of the required
landscaped area, and shall include trees, shrubs, and
ground cover, but not lawn grass.
c. Trees are required at the rate of
one (1) per thirty (30) linear feet of perimeter strip,
and may be either grouped or uniformly spaced.
Trees required may be planted a maximum of twelve
(12) feet from the property line.
d. Shrubs shall be planted eighteen
(18) inches on center in perimeter strips to form
continuous screen hedges. Hedges shall be allowed
to grow and shall be maintained at a height of two
and one-half (2 1/2) to three and one-half (3 1/2) feet.
Screen walls may be installed in lieu of hedges.
e. Landscaped area edges adjacent to
vehicular use areas shall be protected by upright curbs
or wheel stops.
f. Trees and shrubs shall not be
installed to conflict with utility easements.
g. Landscape strip requirements may
be waived along a common property line where an
approved landscape strip exists, on the adjacent
property, in which case additional plantings or
amenities shall be required to be installed in other
suitable locations on the site.
h. Perimeter screen hedge require-
ments may be waived along the common property line
where abutting property owners provide, shared
parking spaces, shared public access or other shared
public amenities.
2. Interior parking landscaping. Land-
scaping is required to be located within the interior or
parking areas, and shall meet the following minimum
requirements:
a. Interior landscaped areas shall
calculate to at least twenty (20) square feet of
landscaping for each parking space not abutting the
perimeter landscape strip, excluding spaces in parking
.garages.
Required square footage of interior
landscaping may be reduced to ten (I0) square feet
for each parking space, provided that at least one (1)
shade tree is installed per four (4) interior parking
spaces, in accordance with the requirements of sub-
section B.l.a. of this section.
b. At least one (1) tree shall be
installed for each one hundred (100) square feet of
required interior landscaped area.
c. Grass may be in.stalled as ground
cover where the individual landscaped area is at least
two hundred (200) square feet.
1998 S-7
14
Boy'ton Be~ Code
The purposes of this article are to provide
uniform landscape design and planting standards for
development in the central business district (CBD),
and include provisions for pedestrian walk'ways,
screening of service areas, and lighting installations.
Sec. 3. Deflnitiom.
Definitions under Article I, Section 3 and Article
II, Section 3 shall apply to terms as used in this
article and the following del'tuitions shall also apply:
Tree protection. Treatment-of all existing trees
shall comply with Article I, Sections 1 through 30.
attendant costs incidental to the installation of the
required landscaping based upon an estimate provided
by a registered landscape architect.
The surety shall:
A. Run to the City Commission;
B. Be in a form satisfactory and acceptable to
the city manager.
C. Specify the tin~ for completion of the
landscaping requirements of this article as determined
by the city manager.
Sec. 4. Applicability of the centrnl business
district landscape code.
This article-shall apply cOncurrently and in direct
relation to the requirements of the central business
district regulations of the zoning ordinance.
Central business district landscape plan
to be submitted, review and approval
required.
Any person owning property within the' central
business district desiring to obtain a building permit
for construction of any building shall submit a
landscape plan to the planning director.
Sec. 6. Performance surety.
In the event that the landscaping requirements of
this article have not been met at the time that a
certificate of occupancy could otherwise have been
granted, and said certificates requested by the
developer, the city shall enter into an agreement with
the owner that the provisions and requirements of this
article will be complied with. In that ca~e, the owner
shall post a performance bond or other city-approved
surety in an amount equal to one hundred ten (110)
per cent of the costs of materials, labor and other
1997 S-5
Et~vironmental Regulation
any other lawfUlly enacted and adopted rules,
regulations, ordinances or laws, the most restrictive
shall apply.
B. Violation and penalties. For any and every
violation of the provisions of this code, and for each
and every day that such violation continues, said
violation(s) shall be punishable as a misdemeanor
with a fine not to exceed five hundred dollars
($500.00), or by imprisonment for not more than
sixty (/50) days, or by both such fine and
imprisonment. Persons charged with such
violation(s) may include:
I. The owner, agent, lessee, tenant,
contractor or any other person using the land,
building or premises where such violation has been
committed or shall exist, or
2. Any person Who knowingly commits,
takes part or assists in such violation, or
3'. Any person who maintains any land,
building or premises in which such violation shall
exist.
C. Other legal remedies. In addition to the
criminal penalties and enforcement procedures
provided, the City Commission may institute any
. lawful civil action or proceeding to prevent, restrain
· or abate:
1. The unlawful construction, erection,
reconstruction, alteration, rehabilitation, expansion,
maintenance or use of any building, structure or
parking area, or
2. The occupancy and/or use of such
building, structure or parking area, or
3. The illegal act, conduct, business of
use of, in or about such premises.
D. Other administrative remedies; building
permits and certificates of occupancy and use.
1. Issuance. No building permit or
certificate of occupancy and use shall be issued by
the development department for any purpose except
in compliance with the provisions of this code and
other applicable ordinances and laws, a decision of
the planning and development board or court
decision.
2. Revocation. The development
department may revoke a building permit or
certificate of occupancy in those cases where an
administrative determination has been duly made that
false statements or misrepresentations existed as to
material fact(s) in the application or plan~ upon which
the permit or approval was based.
3. Suspension. The development
department may suspend a building permit or
certificate of occupancy and use where an
administrative determination has been duly made that
an error or omission on either the pan of the permit
applicant or government agency existed in the
issuance of the permit or certificate approval. A valid
permit or certificate shall be issued in place of the
incorrect permit or certificate after correction of the
error or omission.
4. Notice and appeal. All development
department decisions concerning the issuance,
revocation or suspension of building permits and
certificates of occupancy shall be stated in official
written notice to the permit applicant. Any decision
of an administrative official may be appealed to
planning and development board within thirty (30)
days of the action that the aggrieved party wishes to
appeal.
SeCs. 11--19. Reserved.
ARTICLE IH. CENTRAL BUSINESS
DISTRICT LANDSCAPE CODE
Sec. 1, Short title.
This article shall be known and may be cited as
the Boynton Beach Central Business District
Landscape Code.
1997 S-5
12
Boynton Beach Code
drive-ways, sprinklers or water outlet locations, and
the location, size and description of all other
landscape materials, the location and size of building
if any to be served, and shall designate by name and
locating the plant material to be installed or, if
existing, to be used in accordance with the
requirements hereof. There shall be an application
fee as adopted by resolution of the City Commission
for landscape plan approval. No building permit or
certificate of occupancy shall be issued for such
building or paving unless such landscape plot plan
complies with the provisions herein. All inspections
to determine compliance with the approved site plan
shall be conducted by the development department.
~c. 7. Performance surety.
In the event that the landscaping requirements of
this article have not been met at the time that
certificate of occupancy could otherwise have been
granted, and said permit or certificate is requested by
the developer, the city may enter, into an agreement
approved by the city attorney with the owner .or his
agent that the provisions and requirements of this
article will be complied with. In that case the owner
or his agent shall post a performance bond or other
city-approved surety in an amount equal to one
hundred and ten (Il0) per cent of the costs of
materials, labor and other attendant costs incidental to
the installation of the required landscaping, based
upon an estimate provided by a qualified landscaping
contractor. The surety shall:
this article shall apply to new or redeveloper off-
street parking areas, multifarnily and cluster housing
development, and/or modifications which result in an
increase of interior square footage or substantial
changes in exterior design except for detached single-
family homes or duplexes.
Sec. 9. A&mini~tion and interpretation of code
regulations and provisions.
A. The interpretation and application of the
regulations and. provisions of this code by the
development department shall be reasonable and
uniformly applied to all property, within the
jurisdiction of Boynton Beach.
B. The regulations and provisions of this code
shall be held to be the minimum requirements adopted
for the protection and promotion of the public health,
safety, comfort,-convenience, order, appearance,
prosperity or general welfare.
C. Whenever the regulations and requirements
of this code are at variance with the requiremems of
any other lawfully enacted and adopted rules,
regulations, ordinances or laws, the most restrictive
shall apply.
Enforcement of code regulations and
provisions; violations, penalties and other
A. Run to the City Commission.
B. Be in a form satisfactory and acceptable to
the city manager.
C. Specify the time for the completion of the
landscaping requirements of this article as determined
by the city manager.
Sec. 8. Applicability of landscape ordinance and
other regulations.
This article shall apply concurrently and in direct
relation to the requirements and regulations of the
zoning code of Boynton Beach. The provisions of
A. Enforcement responsibility. No building
permit, certificate of occupancy and use or certificate
of occupancy shall be granted by the development
department, except in compliance with the provisions
of this code or court decision.
The regulations and provisions of this code
shall be held to be the minimum requirements adopted
for the protection and promotion of the public health,
safety, comfort, convenience, order, appearance,
prosperity or general welfare.
Whenever the regulations and requirements
of this code are at variance with the requirements of
1997 S-$
E~viro-meutal Regulation
11
area adequately landscaped with shrubs, ground cover
or other authorized landscaping material not to
exceed three (3) feet in height, The total number of
trees shall not be less than one for each five hundred
(500) square feet or fraction thereof of required
interior landscaped area. Such landscaped areas shall
be located in such a manner as to divide and breakup
the expense of paving.
H. Point of access. When an accessway
intersects a public right-of-way or when the subject
property abuts the intersection of two (2) or more
public rights-of-way, all landscaping within the
triangular areas described below shall provide
unobstructed cross-visibility at a level between thirty
(30) inches and six (6) feet above pavement,
provided, however, trees or palms having limbs and
foliage trimmed in such a manner that no limbs or
foliage extend into the cross-visibility area shall be
allowed, provided they are located so as not to create'
a traffic hazard. Landscaping,- except required grass
or ground cover, shall not be located closer that three
(3) feet from the edge of any accessway pavement.
The triangular areas above referred to are:
1. The areas of property on both sides of
an accessway formed by the intersection of each side
of the accessway and the public right-of-way line
with two (2) sides of each triangle being ten (10) feet
'. in length, (or.more when determined to be necessary
by the development director) from the point of
intersection and the third side being a line connecting
the end of the other two (2) sides.
2. The area of property located at a
corner formed by the intersection of two (2) or more
public rights-of-way with two (2) sides of the
triangular area being thirty-five (35) feet in length
along the abutting public right-of-way lines, measured
from their point of intersection, and the third side
being a line connecting the ends of the other two (2)
lines.
I. Existing plant material. In instances where
healthy plant material exists on a site prior to its
development, in pan or in whole, for purposes of off-
street parking or other vehicular use areas, the
department may adjust the application of the above-
mentioned standards to allow credit for such plant
material if, in its opinion, such an adjustment is in
keeping with and will preserve the intent of this
article.
I. Landscaping and dumpsters. All dumpsters
should be placed on a concrete pad ten (10) feet wide
with an appropriate depth and be screened on three
(3) sides as described in Chapter 9, Section 10,
Paragraph C.3. Provide accent shrubs along the
screen wall.
K. General landscaping for cluster and
muhifarnily housing developments; In addition to the
landscaping required by other sections of this code,
the following number of trees are. required for open
common areas.
1. A minimum of one tree for each one
thousand five hundred (I,500) square feet (or fraction
thereof) of developed area. Trees that are preserved
on site in open common arca shall receive credit
against the landscape area requirements. It is the
intent of this section to create a park-like
environment. This section is included in order to
create privacy, shaded areas and an aesthetically
pleasing environment, and in determining the validity
of any site plan in accordance with Section 6, the
planning and development board shall take these
factors into consideration.
L. Foundation landscaping. Foundation
landscaping shall be required in the front and side of
each multifamily or cluster dwelling in order to
enhance the visual appearance of the building and to
promote privacy.
(Ord. No. 96-57, § 2, 1-21-97)
Sec, 6. Landscape plan approval.
Except for single-family dwellings, prior to the
issuance of any building permit or certificate of
occupancy, under the provisions of this ankle and the
Boynton Beach Building Code, a landscape plan shall
be submitted to and apprOved by the planning and
development board. The landscape plan shall be
drawn to scale, including dimensions and distances,
and delineate the existing and proposed parking
spaces or other vehicular use areas, access, aisles,
1997 S-5
Parki tots
(15,000) square feet or greater shall have ~ lanes
along the front of all buildings which shall allow
efficient access to the fronts of buildings by fire
protection vehicles. Fire lanes shall have a minimum
pavement width of twenty-two (22) feet. Fire lanes
shall not be encumbered by parked vehicles,
including commercial vehicles, and shall not be used
for the loading or unlOading of commercial vehicles.
Additionally, fire lanes shall be clearly marked with
signs and striping or a combination of both, which
shall comply with this chapter.
R. Stacking space at drive-up openings. Drive-
up openings through which food is passed shall be
served by a drive-through lane which provides a
minimum of seventy ('/0) feet of vehicular stacking
space which does not obstruct ot restrict in any way
the free movement of emergency vehicles, service
vehicles ot any other type of vehicles. See also
Chapter 9, Section 11, paragraph H.
(Ord. No. 96-63, §§ 4, 5, 6, ?, 1-21-9'/; Ord. No.
97-28, §§ 1, 2, 7-1-97)
N. Parcel pickup or customer dropoff lanes.
Parcel pickup or cuswmer dropoff lanes are permitted
outside of the fire lane, if these lanes comply with
city standards.
O. Parking lot maintenance. Parking lots in
the city shall be maintained so as to not be a nuisance
or b~,~rd to the public, including portions of
driveways which lie in the fight-of-way.
P. Sidewalks. Street sidewalks adjacent to
parking lots shall be continuous through all drive-
ways; shall be six (6) inches thick within driveway
and shall meet handicap code requirements.
Q. Parking lot pavement. Six (6) inches of
Palm Beach County approved shell or lime rock on
a twelve (12) inch sub-grade compacted, to 98% of
maximum dry density as determined by AASHO
T-180. Shell rock shall have a retention of 50% over
a number four sieve and shall have a minimum
calcium carbonate content of 40% and a minimum
modified proctor of 120 lbs. If lime rock is used, it
shall meet the requirements of the current D.O.T.
specifications for road and bridge construction. The
compacted base shall be primed and paved with one
inch of compacted Type S-H or S-HI asphalt in
compliance with F.D.O.T. standards,
Other types of construction that may be sub-
mitted for approval are portland cement concrete,
paving blocks, and stabilized sod.
1998 S-?
Code Index
PERMITS. S~: Lic, ea~es and Permits
PERSON
Del'reed, 1-2
PERSONNEL
Personnel and equipment organizational chart adopted, 2-1
Personnel policy manual adopted by reference, 2-151
PICNICS
City parks and beaches; places for picnics, 16-.54 et seq.
Parks and recreation. Se~ also that title.
PLANNED UNIT DEVELOPMENTS (Pt. ffl, Ch. 2.5)
Definition, 2
Intent and purpose, I
Internal PUD standards, 9
Locational standards for PUD's, 8
Minimum land areas for PUD, 5
Nomenclature, 3
Plan modification, 12
Prelingnary and final development plans, 11
Procedures for zoning Of land to PUD, 10
Relation of land use intensity (LUI) ratings to regulations, 4
Unified control, 6
Uses permitted, 7
Zoning administrator, 13
PLANNING AND DEVELOPMENT
Additional authority, functions, powers, and duties, as assigned b~
Art. I, § 4.2 "
Advisory authority, functions, powers and duties, Pt. III, Ch. 1.5, A
Authority granted by the City Commission, Pt. III, Ch. 1.5, Art. I,
Commission designated statutory planning agency, Pt. III, Ch. 1.$,.
Community. design plan. S~: Community Design Plan
Comprehensive plan adopted; authority, purpose, preemption, Pt.
Concurrency requir~rr~nts (Pt. Ill, Ch. 1.5, An. VI)
Administration of article, § 8
Adoption of methodology for determining whether concurrer
Applicability, § 2
Categories of development orders and permits, § 4
Certification of concurrency or exemption upon request, § 1,
Concurrency r~view board, § 11
Exemptions, § 10
Minimum levels of service adopted for public facilities, § 5
Procedures for certification or conditional certification of co~
Public facilities shall be available for development projects c
service, § 6
Short title, authority, intent and purpose, § 1
1998 S-8
Chapter 23
PARKING LOTS
Art. I. In General
Art. II. Required Improvements
ARTICLE I. IN GENERAL
Sec. 1. Purpose and objectives.
A. Purpose,
The purpose of this chapter is to provide a
set of regulations to govern the design construction
and maintenance of parking lots within the City of
Boynton Beach. It is intended that these regulations
provide a minimum set of standards to be followed
when parking lots are constructed in order to protect
the health, safety and welfare of the public.
Furthermore, the City of Boynton Beach recognizes
the relationship of these regulations to the goals and
objectives of the comprehensive plan.
B. Objectives.
The objectives of these regulations include,
but are not limited to; the following:
1. To provide a maximum degree of
safety and protection for the public through the
orderly design of parking lots;
2. To provide for a standard for
construction which results in a relatively durable and
nuisance free parking lot;
3. To reduce the negative environmental
impacts which may result from parking lot
construction;
4. To provide for storm water retention
on site;
5. To provide for parking lots which are
constructed in such a manner that the physically
handicapped are not discriminated against; and
6. To permit the land owner to benefit
from his ownership by providing for orderly parking
1997 S-5
lot design and construction consistent with the public
health, safety and welfare.
(Ord. No. 96-63, § 1, 1-21-97)
Sec. 2. Scope.
These regulations shall be applicable to all
permanent parking lots constructed or reconstructed
in the city. In order to clarify the applicability of
these regulations, compliance is required under any of
the following conditions:
A. When a parking lot serves an existing
building(s) where said building(s) is proposed to be
enlarged or when an additional building(s) is proposed
to be constructed;
B. When a change in building occupancy
occurs as defined in the Standard Building Code;
C. When a change in use occurs which results
in additional parking being required as noted in
Chapter 2, Section l l.H.16 of these Land
Development Regulations;
D. When compliance with the landscaping code
is required;
E. Reserved;
F. When an existing parking lot is expanded by
twenty-five (25) per cent or more in parking stalls
beyond what was originally approved; and
G. When any new parking stalls, driveways,
access aisles or parking lots are proposed, these
newly constructed areas must comply with the
requirements of this chapter.
Sec. 3. Exemptions and variances.
A. Exemptions.
These regulations shall not be applicable
under the following conditions:
Code Ind~ ~ 1
PARKS AND RECREATION--Cont'd
Dogs
Prohibited in city owned park or recreation area, 4.-33
Recreation and parks director
Hours of operation at parks and beaches established by, 16-19
Regulations enforced by, 1622
Recreational and park fund established
Expenditures, 166
PARTNERSHIPS
Persons defined to include, 1-2
PEDDLERS AND SOLICITORS
Canvassers. See within this title: Solicitors and Canvassers
Charitable solicitations
Amendments to application
Additional solicitation, 17-43
Applicability, 17-34
Behavior, restrictions on, 17.44
Definitions, 1%36
Fees, 1%39
Penalty, 17-45
Permit
Application, 17-38
Contents, 17-42
Expiration, 17-42
Granting, 17-40
Nontransferable, 17-42
Refusal to grant permit
Appeal, 17-41
Required, exceptions, 1%37
Tem'~, 17-42
Purpose, 1%35
City parks and beaches; soliciting prohibited, 16-42
Fingerprints required, 17-1
Identification card required
Re-registration; fee, 17-2
Noise control, 15-8 et seq.
Noise. See that title
Photo required, 17-1
Registration, photo and fingerprints r~, 17-1
Solicitors and canvassers
Defined, 17-13
Duty of police to enforce, 17-20
License required, 17-14
Permit required, 17-14
Action on application, 17-17
Appeals, 17-23
Application, 17-15
Application fee, 17-16
1998 S-7