CHAPTER.1 PART III
LAND DEVELOPMENT REGULATIONS*
*Editor's not--Ordinance No. 095-02, adopted April 4, 1995, created comprehensive land development
regulations through repeal, revision and renumbering. Since the ordinance did not follow the format used in this
Code, it has been set out as enacted and amended herein. Amendments have been worked into their proper
places and amended or repealed provisions deleted. Amendatory ordinances are cited in parentheses 0
following the section amended. The absence of such citation indicates that the section has not been amended and
is as originally enacted by Ord. No. 095-02.
Chapter 1
GENERAL PROVISIONS
Art. i. In General to mean the City Commission of the City of Boynton
Art. ii. Definitions Beach.
Art. iii. Jurisdiction
Art. IV. Purpose Code 1958. Any reference herein to "Code
Art. V. Impact Fees and Dedications 1958" shall be construed to mean the "Code of
Art. VI. Land Development Fees Ordinances, City of Boynton Beach, Florida,"
Art. VII. Appeals adopted October 20, 1958, by Ordinance Number
Art. VIII. Development Reviews 315, as from time to time amended and supplemented.
Art. IX. Development Orders
Art. X. Reserved Computation of time. In computing any period
Art. XI. Notice of Intent of time prescribed or allowed by this Code or
App. A. Parks and Recreation Facilities Impact Regulations, the day of the act, event or default from
Fee Formula which the designated period of time begins to run
shall not be included. The last day of the period so
computed shall be included unless it is a Saturday,
ARTICLE I. IN GENERAL Sunday or legal holiday in which event the period
shall run until the end of the next day which is neither
a Saturday, Sunday or legal holiday. When the period
Sec. 1. How regulations are designated and of time prescribed or allowed is less than seven (7)
cited, days, intermediate Saturdays, Sundays and legal
holidays shall be excluded in the computation.
The ordinances embraced in the following
chapters and sections shall constitute and be Gender. A word importing the masculine gender
designated the "Land Development Regulations, City only may extend and be applied to females and to
of Boynton Beach, Florida," and may be so cited, firms, partnerships and corporations as well as to
males.
Sec. 2. Rules of construction. Number. A word importing the singular number
only may extend and be applied to several persons
In the construction of this Regulation, and of all and things as well as to one person and thing.
ordinances, the following rules shall be observed,
unless the context clearly indicates otherwise: Oath. The word "oath" shall be construed to
include an affirmation in all cases in which, by law,
City Council/Commission. Whenever the words an affirmation may be substituted for an oath, and in
"City Commission" are used, they shall be construed such cases the words "swear" or "sworn" shall be
equivalent to the words "affirm" and "affirmed."
2002 S-18 1
2 Boynton Beach Code
Officers, agencies. Wherever reference is made Sec. 5. Severability of parts of Regulations.
in this Code or Regulations to any officer or agency,
such as "city manager," "the mayor," "the city clerk," The sections, paragraphs, sentences, clauses and
"planning and development board," and so forth, phrases of this Code or Regulations are severable, and
such reference shall be construed to mean such if any phrase, clause, sentence, paragraph or section
officer or agency of the city and shall include the of this Code or Regulations shall be declared
duly authorized subordinates or personnel of such unconstitutional, invalid or unenforceable by the valid
officer or agency, judgment or decree of the court of competent
jurisdiction, such unconstitutionality, invalidity or
Or, and. "Or" may be read "and," and "and" unenforceability shall not affect any of the remaining
may be read "or" if the sense requires it. phrases, clauses, sentences, paragraphs and sections
of this Code or Regulations.
State. The words "the state" or "this state" shall
be construed to mean the State of Florida.
Sec. 6. General penalties; continuing violations;
Tense. Words used in the present or past tense adjudging fines and imprisonments.
include the future as well as the present or past.
A. It shall be unlawful for any person to violate
or fail to comply with any provision of this
Sec. 3. Catchliues of sections. Regulation or other ordinance of the city and where
no specific penalty is provided therefor, the maximum
The catchlines of the several sections of this penalty which may be imposed upon any person who
Code printed in boldface type are intended as mere shall be adjudged to have violated any provision of
catchwords to indicate the contents of the section and this Regulation or other ordinance of the city shall be
shall not be deemed or taken to be the titles of such a fine not exceeding five hundred dollars ($500.00) or
sections, nor as any part of the section, nor, unless a term of imprisonment not in excess of sixty (60)
expressly so provided, shall they be so deemed when days, or by both such fine and imprisonment;
any of such sections, including the catchlines, are provided, however, that this section shall not conflict
amended or re-enacted, with any penalties imposed for any offense under the
laws of the State of Florida, and no penalty for
violation of this Regulation or any ordinance of the
Sec. 4. Effect of repeal of ordinances, city shall exceed the maximum penalty provided for
the violation of a comparable state law. Each day any
The repeal of an ordinance shall not revive any violation of any provision of this Regulation or other
ordinances in force before or at the time the ordinance of the city shall continue shall constitute a
ordinance repealed took effect, separate offense.
The repeal of an ordinance shall not affect any B. Whenever the judgment of a court of
punishment or penalty incurred before the repeal took appropriate jurisdiction shall, under any of the
effect, nor any suit, prosecution or proceeding ordinances of the city, adjudge a person to pay a fine,
pending at the time of the repeal, for an offense or a fine and costs of prosecution, such judgment
committed or cause of action arising under the shall also provide a period of time for which such
ordinance repealed, person shall be imprisoned in default of the payment
of the same.
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General Provisions 2A
C. Whenever the sentence shall be one of both
fine and imprisonment, it shall also provide for an
additional period of imprisonment, for which such
person shall be held in default of payment of the fine
and/or costs of prosecution imposed. Such additional
period shall commence to run from the expiration of
the other period of imprisonment fixed by the
sentence, provided that in no case shall the
imprisonment for failure to pay a fine, or fine and
costs, together with any other imprisonment in the
same case, exceed the period of six (6) months.
Nothing in this section shall exempt a prisoner from
being put to labor during the period of such additional
imprisonment.
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2B Boynton Beach Code
General Provisions 3
Sec. 7. Cost assessed for law enforcement
education. D. Any ordinance granting any franchise,
permit or other right;
A. The court trying city ordinance violations
shall assess two dollars ($2.00) as additional court E. Any ordinance approving, authorizing or
costs against every person convicted for violation of otherwise relating to any contract, agreement, lease,
a municipal ordinance as authorized by Section deed or other instrument;
943.25 of the Florida Statutes. All such sums shall
be turned over to the finance director to be deposited F. Any administrative ordinance not
in a fund as established in B to be known as the law inconsistent with this Regulation;
enforcement education fund.
G. Any ordinance dedicating, naming,
B. There is hereby established a fund to be establishing, locating, relocating, opening, paving,
known as the law enforcement education fund. All widening, vacating or repairing any street or public
funds received by the city from the assessment of way or lawfully established bulkheads or bulkhead
court costs established in this section shall be lines;
segregated from all other funds of the city and set
apart by the finance director in a separate fund to be H. Any ordinance regulating, restricting or
known and designated as the law enforcement prohibiting traffic on particular streets or in particular
education fund. Such funds may, from time to time, localities;
in the discretion of the City Commission, be invested.
The interest received upon such funds and the I. Any ordinance prescribing the street grades
principal thereof may, upon the request of the chief of any street in the city;
of police, be used for law enforcement education
expenditures for the benefit of members of the city J. Any ordinance providing for local
police department. Expenditures shall be permitted improvements or making assessments therefor;
by the city manager, upon approval of the City
Commission, when authorized in accordance with K. Any ordinance dedicating or accepting any
law. plat or subdivision in the city;
L. Any ordinance zoning or rezoning specific
Sec. 8. Certain ordinances not affected by property;
Regulation.
M. Any ordinance providing for the
Nothing in this Regulation or the ordinance compensation of officers and employees;
adopting this Regulation shall be construed to repeal
or otherwise affect the validity of any of the N. Any temporary or special ordinance; and all
following when not inconsistent with this Regulation: such ordinances are hereby recognized as continuing
in full force and effect to the same extent as if set out
A. Any ordinance promising or guaranteeing at length herein.
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; Sec. 9. Ordinances; city laws and codification.
B. Any appropriation ordinance or ordinance Ordinances of the City Commission adopted in a
providing for the levy of taxes or for a budget; manner provided by law shall constitute the laws of
the city and shall be in full force and effect until
C. Any ordinance annexing territory to the city repealed. The City Commission shall have the power
or excluding territory as a part of the city; to have the city ordinances codified, and published in
book form.
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Sec. 10. Reciprocity implied, building or use of the land, and which is located on
the same lot as that of the principal building or use.
In the construction of this Regulation, all provisions
which establish a distance requirement between types ACCESSORY USE - A use that is customarily
or kinds of businesses or structures shall be construed incidental to the principal use and so necessary or
in a manner which makes that distance requirement commonly to be expected that it cannot be supposed
reciprocal, that these regulations intended to prevent it.
Accessory uses, unless otherwise provided, shall be
located on the same premises as the principal use.
Sec. 11. Reserved.
ADEQUATE PUBLIC FACILITIES Public
facilities available to serve a development project so
Sec. 12. Reserved. as to meet the levels of service and the conditions set
forth in Chapter 1.5.
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
ARTICLE II. DEFINITIONS Building Code.
The words, terms and phrases herein shall be ADULT ENTERTAINMENT ESTABLISHMENT
defined as follows unless otherwise specified in this - A commercial enterprise which predominately limits
ordinance. The word "shall" is mandatory, the word admission to "adults only" owing to the sexual nature
"should" is preferred and the word "may" is of its merchandise or entertainment. Such
permissive. The singular shall include the plural and establishments may include, but not be limited to,
the present tense shall include the future tense and adult bookstores, adult theatres, adult lounges, adult
vice versa, health studios, adult motels or hotels with nude,
bottomless or topless entertainment or employees.
ABANDONED SIGN - Sign which no longer
identifies or advertises a bona fide activity, where the ADVERTISING STRUCTURE (SIGNS) - A sign
activity has been abandoned or does not possess a structure erected or intended for advertising purposes,
current occupational license, with or without advertisement display thereon,
situated upon or attached to real property.
ABUTTING PROPERTY - See "Contiguous
Lands." AISLE - The hard-surfaced lanes in a parking lot
which connect the parking stalls with a public or
ACCESS - The principal means of ingress and egress private street, alley or interior driveway.
to a lot from a publicly or privately dedicated right-
of-way. ALLEY - A right-of-way affording secondary access
to property. It is not intended or used for general
ACCESS WATERWAYS - A waterway which is traffic circulation.
developed or constructed for the purpose of providing
access by water to lots within a subdivision. ALTERATIONS, BUILDING - Any change in the
structure which will increase the number of useable
ACCESSORY BUILDING OR STRUCTURE - A units, the floor area or height of the structure.
detached, subordinate building, the use of which is
clearly incidental and related to that of the principal AMUSEMENT ARCADE A commercial
establishment containing four (4) or more video
gaming, pinball, or similar player-operated
2003 S-20 amusement devices, in any combination.
General Provisions
ANIMATED OR FLUTTERING SIGN - A sign
which uses devices to generate movement by either 2003 S-20
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,
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 weather 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.
ATHLETIC COMPETITIONS - Any amateur and
professional cheerleading, dance and gymnastics
event, or any amateur or professional event, which
involves physical contact between the participants,
provided the event is a sporting event recognized as an
Olympic sport by the United States Olympic
Committee.
AUTO PARTS SALES (RETAIL) - Sale of auto BAR OR COCKTAIL LOUNGE - An
parts from a commercial establishment for installation establishment devoted primarily to the serving of
and use off-premises, beer, wine, or liquor, or any combination thereof, for
on site consumption. The service of food shall be
AUTOMOBILE - An automobile or motorcycle, as incidental to the service of alcoholic beverages.
defined by the rules of the Florida Department of
Highway Safety and Motor Vehicles. BICYCLE PATH - Any road, path or way that is
open to bicycle travel, which road, path or way is
AUTOMOTIVE SERVICE STATION - The use of physically separated from motorized vehicular traffic
a building or other structure, on a lot or parcel of land by an open space or by a barrier and is located either
which includes any retail sale of gasoline or other within the highway right-of-way or within an
motor fuels, independent right-of-way.
AWNING - A structure made of cloth or metal with a BILLBOARD - Signs or framework installed for the
metal frame attached to a building, when the same is purpose of advertising or communicating either
so erected as to permit its being raised to a position commercial or noncommercial messages that refer to
flat against the building when not in use. something other than the name, primary character
and/or purpose of the establishment or business on the
BALLOON - A container made of non-rigid material premises where the sign is located.
filled with air or gas and designed to be tethered.
BILLIARD HALL - A commercial establishment
BANNER - A sign having the characters, letters, containing more than two (2) pool or billiard tables
illustrations or ornamentations applied to cloth, paper, for the use of patrons.
film or fabric of any kind, with only such materials for
a backing.
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BLOCK - A parcel of land surrounded by streets, or other nuisances. Finish on both sides of wall must
waterways, railroad rights-of-way, parks or other be approved by the Director of Planning and Zoning.
public space.
BUILDING - All construction built for the support,
BOARDING AND ROOMING HOUSE - A enclosure, shelter or protection of chattels, persons,
building other than hotel or motel providing lodging animals or the like. The word "building" shall
and where meals are or are not served for include the word "structure" and anything constructed
compensation, or erected which requires permanent location on the
ground or anything attached to such a building or
BOATEL - Yachtel. structure. A building or structure shall include, but
not be limited to, all construction specified in Chapter
BOWLING ALLEY - A commercial establishment 2 of the City's Land Development Regulations.
that devotes more than fifty percent (50%) of its gross
floor area to bowling lanes, equipment and ancillary BUILDING AREA - The portion of a lot remaining
public areas, after the required setbacks have been provided.
Buildings may be placed in any part of the building
BRIDGE - A structure, including supports, erected area, but limitations on the percentage of the lot
over a depression or an obstruction, such as water or a which may be covered by buildings may require open
highway or railway, and having a track or passage- space within the building area.
way for carrying traffic as defined in chapter 316 or
other moving loads. BUILDING FACADE - That portion of the exterior
elevations of a building extending from grade to the
BUFFER WALL - A stuccoed and painted masonry top of the parapet wall or eaves and the entire width
wall or an engineered pre-cast concrete wall used to of the building elevations.
physically separate or screen one use or property from
another so as to visually shield or block noise, lights 2003 S-20
BUILDING FRONTAGE - The main entrance side the roof for flat roofs, to the deck line for mansard
of a building or bay. roofs and parapet roofs with parapets less than five
(5) feet in height. Gable and hip roof heights shall be
BUILDING OFFICIAL - The official in charge of measured to the midpoint between the eaves and the
the Building Division or his authorized representative, ridge. Rooftop penthouses, stairwells mechanical and
electrical equipment shall be concealed by or
BUILDING, PRINCIPAL - A building in which is constructed of exterior architectural materials or
conducted the main or principal use of the lot on features of the same type or quality used on the
which said building is situated, exterior walls of the main building and may only
exceed the maximum building height pursuant to the
BUILDING SETBACK LINE - A line delineating provisions of Chapter 2, Section 4.F. of the Land
the minimum allowable distance between the property Development Regulations, City of Boynton Beach
line and the building. Florida. Walls or retaining walls shall also be
measured from the lowest adjacent property line to
BUILDING SITE - A portion or parcel of land the to of the structure excluding column caps column
considered as a unit, devoted to a certain use or capitals and other similar architectural items.
occupied by a building or group of buildings that are
united by a common interest or use, and the customary BULK STORAGE, SALE, OR DISTRIBUTION -
accessories and open spaces belonging to the same. The receiving, transfer or storage of unpackaged
goods or materials at a premises, or the subsequent
BUILDING/STRUCTURE HEIGHT - The vertical sale or transfer of such goods or materials from the
distance in feet measured from the lowest point at the premises in a packaged or unpackaged form. Also,
property line of an adjacent property or from the the storage, receiving or transfer of goods,
minimum base flood elevation as established by commodities or materials in units which are larger
FEMA, whichever is highest, to the highest point of
General Provisions 6A
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.
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.
CAPITAL IMPROVEMENTS ELEMENT OR
CIE The capital improvements element of the
comprehensive plan of the city.
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General Provisions 7
CAR WASH (AUTOMATIC OR SELF SERVICE)
- A building or area which provides facilities for which a sign is erected. This sign may be erected as a
washing and cleaning motor vehicles, which may use part of a freestanding sign.
production line methods with a conveyor, blower or
other mechanical devices, and which may employ CHILD - An unmarried person under the age of
some hand labor, eighteen (18) years.
CARPORT - A roofed area open on one (1), two (2) CITY - The City of Boynton Beach, Florida.
or three (3) sides and attached to the main building,
for the storage of one (1) or more vehicles. 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 centerline CITY STANDARDS Standards adopted by
established by the city engineer, which may or may resolution by the City of Boynton Beach.
not be the line midway between the existing or
proposed right-of-way lines. CITY STREET SYSTEM - The city street system of
each municipality consists of all local roads within
CERTIFICATE OF OCCUPANCY- A statement that municipality, and all collector roads inside that
signed by the city development director setting forth municipality, which are not in the county road
that a building or structure legally complies with the system.
City of Boynton Beach Building and Zoning Codes
and that the same may be used for the purposes stated CLINIC - An establishment where patients, who are
therein, not lodged overnight except for observation or
emergency treatment, are admitted for examination
CERTIFICATION OF CONCURRENCY - Shall and treatment by one (1) person or group of persons
constitute proof that public facilities are or will be practicing any form of healing or health building
available, consistent with the adopted levels of service services to individuals, whether such persons be
and the conditions set forth in Chapter 1.5, and shall medical doctors, chiropractors, osteopaths,
specify the public facilities which are to be chiropodists, naturopaths, optometrists, dentists,
constructed, timing of construction and responsibility veterinarians or any such profession, the practice of
for construction. Certification of concurrency shall which is lawful in the State of Florida.
reserve capacity in the public facilities which are
available, until the certification of concurrency CLUB - Buildings and facilities owned and operated
expires, by a corporation or association of persons for social
or recreational purposes but not operated primarily
CERTIFIED DOCUMENTS - Drawings, estimates, for a profit or to render a service which is customarily
warranties, etc. certified by a Florida registered carried on as a business.
architect, engineer and/or land surveyor guaranteeing
that the documents are true, accurate and in COLLECTOR ROAD OR STREET - A route
compliance with all applicable laws, rules and providing service which is of relatively moderate
regulations, average traffic volume, moderately average trip
length and moderately average operating speed. Such
CHANGEABLE COPY SIGN- A sign of permanent a route also collects and distributes traffic between
character, but with removable letters, words or local roads or arterial roads and serves as a linkage
numerals, indicating the names or persons associated between land access and mobility needs. A street
with, or events conducted upon, the premises upon shown or
2002 $-18
8 Boynton Beach Code
described as a collector according to the current or CONDITIONAL CERTIFICATION OF
most recent functional classification contained in the CONCURRENCY - Shall mean that there is
City of Boynton Beach Comprehensive Plan, as reasonable likelihood that the necessary public
adopted and amended, is a collector street, facilities would be provided by the developer, a
governmental agency, or by other developers, but that
COMBUSTIBLE SIGN - Any sign or sign structure the conditions set forth herein cannot be met. The
which will ignite or support flames and which has a conditional certification of concurrency shall specify
low flame point. Prime examples of combustible the public facilities which are to be constructed,
signs would be wood, non-U.L, approved timing of construction and responsibility for
plastics, cloths, etc. construction. A conditional certification of
concurrency shall reserve capacity in the public
COMMERCIAL TRUCK - A truck defined as such facilities which specified as such, until the conditional
by the rules of the Florida Department of Highway certification of concurrency expires.
Safety and Motor Vehicles.
CONDITIONAL USE - A use that would not be
COMMERCIAL ZONING DISTRICT - All C-1, appropriate generally, or without restriction,
C-2, C-3, C-4 and PCD zoning districts, throughout a zoning classification or district. Such
uses however, if controlled as to area, location,
COMMISSION - The City Commission of the City number or relation to the neighborhood, would
of Boynton Beach, Florida. promote public appearance, comfort, convenience,
general welfare, good order, health, morals,
COMPLETELY ENCLOSED - A building prosperity and safety of the city. Such uses may be
separated on all sides from the adjacent open area, or allowed in a zoning classification or district as a
from other buildings or other structures, by a conditional use if specific provision for such a
permanent roof and by exterior walls or party walls, conditional use is made in these zoning regulations.
pierced only by windows or entrances or exit doors
normally provided for the accommodation of persons, CONDOMINIUM - See "Property Owners
goods or vehicles. Association."
COMPREHENSIVE PLAN - The Comprehensive CONSTRUCTION PLANS - Certified documents
Plan of the City of Boynton Beach as adopted and from which a complete review and analysis can be
amended and required by F.S. 163. made of all required improvements without research
and/or additional data.
CONCEPTUAL FEEDBACK - General reaction to a
thought or idea with the clear understanding that CONTIGUOUS LANDS - Lands that abut each
further development of the thought or idea will be other or are separated only by streets, ways,
considered only when it is in conformance with all easements, pipelines, powerlines, conduits or rights-
codes, ordinances, rules and regulations. Conceptual of-way under ownership of the petitioner, a
feedback neither provides nor implies either present or governmental agency, a subdivision or a public or
future waivers, variances, exceptions or exemptions private utility.
from any codes, ordinances, rules and/or regulations.
CONVENIENCE STORE - Place of business that is
CONCURRENCY - The requirement that the engaged in the retail sale of groceries, including the
necessary public facilities and services to maintain the sale of prepared foods, and gasoline and services.
adopted level of service standards are available when The term "convenience store" does not include a store
the impacts of development occur, which is solely or primarily a restaurant.
CONVENTIONAL ZONING DISTRICT - All
zoning districts which are not planned zoning
districts.
2002 S-18 Repl.
General Provisions 9
CORNER - See "Lot." CUSTOMARY PLAQUE - A sign identifying the
address, operator's name or activity taking place
COSMETOLOGY AND BARBER SCHOOLS - within the facility, not to exceed two (2) square feet
An establishment primarily engaged in offering in area.
training in barbering, hair styling, or the cosmetic arts,
such as makeup or skin care. These schools provide dBA - The total sound level of all noise as measured
job-specific certification, with a sound level using A-weighting network. The
unit is decibel based on a reference sound pressure of
COST ESTIMATE- A certified estimate of the cost .0002 microbars.
of surveying, testing, all required improvements,
supervision, profit and overhead. DEAD END STREET - A street with only one
outlet.
COUNTY - The words "the county" or "this county"
shall mean the county of Palm Beach. DEMOLITION - Any dismantling, intentional
destruction or removal of structures, utilities, public
COUNTY ROAD SYSTEM - The county road or private right-of-way surfaces or similar property.
system of each county consists of all collector roads in
the unincorporated areas and all extensions of such DENSITY- An existing or projected relationship
collector roads into and through any incorporated between numbers of dwelling units and land area.
areas, all local roads in the unincorporated areas, and
all urban minor arterial roads not in the State Highway DEPARTMENT OF TRANSPORTATION
System. STATE STANDARDS - The most recent edition of
all state standards and specifications.
COVERED WALKWAY AND ARCADE SIGN -
A sign which is perpendicular to the building face and DEPARTMENT STORE - A retail establishment
is suspended from, attached to, supported from or offering a wide variety of merchandise, and organized
forms part of, a covered walkway and is rigid, into departments, according to the type of
merchandise sold.
CROSSWALK - That part of a roadway at an
intersection included within the connections of the DEVELOPER - Any individual, firm, association,
lateral lines of the sidewalks on opposite sides of the syndicate, copartnership, corporation, trust or any
highway, measured from the curbs or, in the absence other legal entity commencing proceedings under this
of curbs, from the edges of the traversable roadway, ordinance. The term "developer" includes the term
Any portion of a roadway at an intersection or "subdivider".
elsewhere distinctly indicated for pedestrian crossing
by lines or other markings on the surface. DEVELOPER'S ENGINEER- A professional
engineer, registered in Florida, engaged by the
CUL-DE-SAC - A circular turnaround on a local developer.
street with only one outlet.
DEVELOPMENT - Shall have the meaning given it
CURRENT STANDARDS - Documents, drawings, in Section 380.04, Florida Statutes, pursuant to a
specifications, details, laws, rules, regulations, development order or permit.
ordinances and the like in effect on the date an
application or amended application, whichever is later, DEVELOPMENT AGREEMENT - An agreement
is presented for consideration, 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,
2001 S-16
10 Boynton Beach Code
Florida Statutes, or an agreement on a development DRIVE-THRU RESTAURANT - A restaurant
order issued pursuant to Section 380.01 et seq., which includes facilities to serve food and beverages
Florida Statutes. to patrons who are in their automobiles with the
intention of driving away from the property and
DEVELOPMENT ORDER - Any order granting, consuming their food and beverage elsewhere.
denying, or granting with conditions an application for
a development permit. A development order becomes DRIVEWAY - The paved area between a public
effective upon approval by the City Commission and street and private property intended to provide ingress
issuance, in writing, by the city attorney, and egress for vehicular traffic from the public street
or thoroughfare to a definite area of private property,
DEVELOPMENT PERMIT - Any permit for or which connects parking aisles or provides access to
required improvements, building(s), zoning, rezoning, parking aisles.
plat approval, certification, variance, or other action
having the effect of permitting commencement of DWELLING UNIT - A house, apartment, building
development as defined in Florida Statutes, Section or any part thereof used primarily for human
380.04, or any other official action or types of action habitation and shall include bath and culinary
by the city which, in the judgement of the city accommodations. 1. Single-family dwelling:
manager, would permit the use or development of land A building containing only one (1) single-family
similar to any of the listed actions, dwelling unit. 2. Multiple-family dwelling: A
building containing two (2) or more dwelling units.
DIRECTIONAL SIGNS - (1) On-premises,
incidental signs designed to guide or direct pedestrians EASEMENT - An interest in land granted for limited
or vehicular traffic. (2) Signs erected or permitted by use purpose, but which does not convey title to real
the city, Palm Beach County, State of Florida or the property.
United States Government or agency thereof, for the
direction or safety of the public. (3) A sign, notice or ELECTRICAL SIGN - A sign or sign structure in
symbol as to the time and place of regular civic which integral electric wiring, connections and/or
meetings and religious services, fixtures are used and connected to an electric source
and meeting the requirements of the National
DIRECTORY SIGN - A freestanding or flat sign Electrical Code.
listing only the name and/or use or location of more
than one (1) business, activity or profession conducted ELEVATED BUILDING - Building without a
within a building, group of buildings or commercial basement in which the lowest floor is elevated above
center, the ground.
DISTRICT (ZONING) - Any certain described area ENGINEER, REGISTERED - A professional
of the City of Boynton Beach to which these engineer registered by the State of Florida and trained
regulations apply and within which the zoning in the field of engineering.
regulations are uniform.
ENLARGEMENT OR TO ENLARGE - An
DOUBLE FACED SIGN - A sign with two (2) faces enlargement is an addition to the floor area of an
which are back to back with no more than a forty-five existing building, an increase in the size of any
(45) degree angle between the faces, structure, or an increase in that portion of a tract of
land occupied by an existing use. To enlarge is to
DRIVE-IN RESTAURANT - A restaurant which make an enlargement.
includes facilities to serve food and beverage to
patrons for consumption by patrons in automobiles on ERECT (SIGNS) - To build, construct, attach, hang,
the premises, place, suspend or affix, and shall also include the
painting of signs.
2001 S-16
General Provisions 11
EXCAVATION OR EXCAVATING - The removal 2001 S-16
of materials from either above or below the water children (both natural and foster) in the household,
table and/or the grading, mixing or spreading of are expressly included within this term.
materials.
FAMILY DAY CARE - A residence providing day
EXEMPTION DETERMINATION- A written care services for a number of children which is
certification by the planning director that a limited in accordance with Florida law, and which
development order or permit is exempt with respect to shall be construed to be an accessory use to any
meeting the concurrency requirements for a particular dwelling unit located in a residential or PU district, or
public facility, in any commercial zoning district, excluding C-4
district.
EXPRESSWAY - A street shown or described as
such according to the current or most recent functional FESTOONS - Strings of ribbons, lights, tinsel, small
classification contained in the City of Boynton Beach flags, discs, spinners, pinwheels or any device
Comprehensive Plan, as adopted and amended, propelled by natural forces used for the purpose of
attracting attention.
EXTERIOR DISPLAY - Display of merchandise, as
an accessory use in a lawful principal use, outside of FILL OR FILLING - Placing material removed
the walls of the building or within any area which is from another area on and/or off site.
not fully enclosed by building walls, in such a manner
so as to allow for viewing or inspection of FIXED PROJECTION SIGN - A sign, other than a
merchandise by customers, flat sign, which extends outward for more than
eighteen (18) inches from the facade of any building
EXTERIOR STORAGE - The keeping of and is rigidly affixed thereto.
merchandise, materials, equipment or supplies, and the
like, outside of the walls of a building or within any FLAG - A piece of cloth used as the national, state,
area which is not fully enclosed by building walls, municipal, civic or church symbol, registered
which is generally not for the purpose of allowing corporate logo, or internationally recognized symbol,
inspection or viewing by customers, properly displayed in accordance with published
federal, state, municipal, civic or church adopted
FABRICATION - The assembly or forming of goods guidelines and displayed on a designated pole located
using finished or semifinished materials, as opposed to in a proper holder or in other ways approved by an
the manufacture of primary materials, appropriate national, state, municipal, civic or church
agency. The maximum allowed is two (2) different
FACING OR SURFACE- Shall mean the surface of flags per pole and only one (1) pole per lot or bay
the sign upon, against or through which the message is frontage.
displayed or illustrated on the sign.
FLASHING SIGN - A sign, either fixed or portable,
FAMILY - One (1) or more persons occupying a which uses or contains intermittent or a sequential
single housekeeping unit and using common cooking flashing light source with the exception of a time or
facilities, provided that all such persons shall be temperature sign or Dow Jones average sign which is
related by blood, marriage or adoption, except that not part of a permitted commercial sign.
more than one (1) person who is not related as such
shall also be permitted to reside in the same unit. FLAT SIGN - A sign erected parallel to, and
Families who provide care in their own home as duly extending not more than eighteen (18) inches from,
state licensed foster family homes, in which dependent the facade of any building to which it is attached and
children have been duly placed by the State of Florida, supported throughout its entire length by the facade
and which and which include not more than five (5) of the building and not extending above or beyond
the building.
12 Boynton Beach Code
FLOOR AREA, MINIMUM - The area of the floor GASOLINE DISPENSING ESTABLISHMENTS -
or floors measured from the centerline of the exterior Commercial enterprise, including automotive service
walls to the centerline of dividing walls. The area for stations and convenience stores, which engage in the
garages, roofed-over screened porches and utility sale or other motor fuels to the public.
rooms shall be credited for fifty (50) percent of floor
area. Open porches and carports shall be credited with GENERAL DEVELOPMENT PLAN - The official
twenty-five (25) percent of floor area. Accessory public document adopted by the City of Boynton
buildings shall not count as floor area if not accessible Beach as a policy guide to present and future land use
from the interior of the building. Not more than ten decisions.
(10) percent of any minimum floor area shall be
credited to screened-in porches or breezeways. GOVERNMENT - Any direct agency of any federal,
state, county or city government including schools
FOSTER CHILD - A child in foster care who has and the U.S. Postal Service.
been placed in a foster home by the State of Florida.
GOVERNMENT SIGN - Any temporary or
FOSTER HOME OR FOSTER CARE, FOR permanent sign erected and maintained by the city,
CHILDREN - A family foster home as defined by county, state or federal government or any of their
Section 409.175, Florida Statutes, and which conforms legal entities.
to the definition of "family."
GRADE, FINISHED - The average level of the
FREESTANDING SIGN - A pylon or ground- finished surface of the ground adjacent to the exterior
mounted sign which is supported by one (1) or more walls of the structure.
columns, uprights or braces in or upon the ground and
identifying the use of the property upon which it is GRADE SEPARATED INTERSECTIONS - Use
placed, of the term grade separated intersections shall mean
any intersection wherein one road passes over another
FRONTAGE STREET - See "Marginal Access road by means of a bridge or an overpass.
Street."
GROSS FLOOR AREA - The total floor area of a
FUNCTIONAL CLASSIFICATION - The building or a use occupying part of a building,
assignment of roads into systems according to the measured from centerlines of partitions and exterior
character of service they provide in relation to the total of outside walls. Gross floor area shall include all
road network. Basic functional categories include floor area occupied by the main or principal use, plus
arterial roads, collector roads and local roads which any floor area occupied by accessory uses such as
may be subdivided into principal, major or minor storage rooms, maintenance and mechanical rooms,
levels. Those levels may be additionally divided into offices, lounges, restrooms, lobbies, basements,
rural and urban categories, mezzanines and hallways.
FURNITURE MANUFACTURING - GROUND SIGN - Any sign, other than a pole sign,
Manufacturing of furniture, cabinets, wooden vanities, in which the entire bottom is in contact with or is
household goods and ornaments from wood; also, close to the ground and is independent of any other
furniture repair, refinishing and re-upholstering, structure.
GARAGE, PUBLIC PARKING - A building or GROUNDWATER - Water occurring beneath the
other structure which provides parking or storage for surface of the ground, whether or not flowing through
motor vehicles, known or definite channels.
2003 S-20 Repl.
General Provisions 12A
GYMNASIUM - An establishment designed and
equipped for the conduct of sports, exercise, leisure HOTEL - Any building containing principally
time activities, or other customary and usual sleeping rooms in which transient guests are lodged
recreational activities and operated either for profit or
not-for-profit.
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).
HEALTH CLUB - See "Gymnasium."
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 2003 S-20
purely domestic or household purposes.
12B Boynton Beach Code
General Provisions 13
with or without meals, with no provision made for ILLUMINATED SIGN - Any sign which has
cooking in any individual room or suite and having or characters, letters, figures, designs or outline
not having one (1) or more dining rooms, restaurants illuminated by electric lights or luminous tubes as a
or cafes as accessory uses. Such building would part of the sign proper.
structurally and for purposes of safety be obliged to
conform to the laws of the hotel and restaurant IMPACT FEE - A land development regulatory fee
commission (Division of Hotels and Restaurants of the charged to new development which creates a need for
Department of Business Regulation). capital improvements.
HOTEL APARTMENT - Any hotel building INCOMBUSTIBLE MATERIAL - Any material
containing a mixture of sleeping rooms and apartment which will not ignite at or below a temperature of one
suites for transient guests only, and which shall not thousand two hundred (1,200) degrees Fahrenheit and
serve as the primary or permanent residence of the will not continue to burn or glow at that temperature.
occupants. Buildings designed as hotel apartments
shall have not more than one-third of the total units INSPECTOR - A city employee working as an
devoted to apartment suites. Dining rooms and inspector under the authority and direction of either
lounges shall be permitted as accessory uses. Hotel the director of development, the director of public
apartment suites shall have a minimum gross floor works, the director of utilities, the city engineer, or
area of five hundred (500) square feet. their designees.
HOUSE EAVES - a nonstructural portion of any INTERIM SERVICES FEE - User charge
building or structure extending beyond the vertical applicable to structures certified for occupancy by the
plane of the foundation, city development department but not appearing on the
Palm Beach County tax rolls as an improvement to
HOUSE TRAILER - (a) A trailer or semitrailer real property.
which is designed, constructed and equipped as a
dwelling place, living abode or sleeping place (either INTERSECTION - See F.S. 316.003.
permanently or temporarily) and is equipped for use as
a conveyance on streets and highways, (b) or a trailer INUNDATION - Moving, standing or ponded water
or semitrailer the chassis and exterior shell of which is which is a nuisance, hazard or health problem.
designed and constructed for use as a house trailer, as
defined in paragraph (a), but which is used instead, JUNKYARD - An open area where waste, used or
permanently or temporarily, for the advertising, sales, secondhand materials are bought, sold, exchanged,
display or promotion of merchandise or services or for stored, baled, packed or disassembled, including, but
any other commercial purpose except the not limited to, scrap iron and other metals and waste
transportation of property for hire or the transportation materials. A junkyard includes an automobile
of property for distribution by a private carrier, wrecking yard and secondhand automotive parts yard.
HOUSEHOLD - all persons who occupy a dwelling LAND DEVELOPMENT PERMIT - A permit
unit. A person living alone or any group of persons issued by the City Engineer prior to commencement
sharing a dwelling unit is a household, of construction of required improvements after final
record plat approval by the City.
IDENTIFICATION SIGN - A non-illuminated sign
affixed to the rear of a building bearing the business LAUNDRY AND DRY CLEANING, SELF-
name and/or address of the occupant, with an area not SERVICE - A business that provides home-type
exceeding three (3) square feet. washing, drying, dry cleaning and/or ironing
machines for hire, to be used by customers on the
premises.
2003 S-20
14 Boynton Beach Code
LEGAL ACCESS - A dedicated and recorded right- LOT AREA - The total area included within lot lines.
of-way, or easement, excluding utility or drainage
easements, affording perpetual ingress and egress LOT, CORNER - Either a lot bounded entirely by
from a subject property to a public thoroughfare, streets or a lot which adjoins the point of intersection
of two (2) or more streets.
LEVEL OF SERVICE - The extent or degree of
service provided by or proposed to be provided by a LOT COVERAGE - That portion of the area of a
public facility, based on and related to the operational lot, expressed as a percentage, occupied by all
characteristics of the public facility, buildings or structures which are roofed or otherwise
covered and that extend more than three (3) feet
LIMITED ACCESS - A highway or freeway which above the surface ground level.
does not permit access except at authorized and
controlled points. The acquisition of right-of-way for LOT DEPTH - The length of a straight line drawn
such highways or freeways usually includes the from the midpoint of the front property line of the lot
acquisition of access rights thereto. Access may also to the midpoint of the rear property line of the lot.
be limited through methods other than acquisition of
access rights. LOT FRONTAGE - The property line adjacent to a
public or private street; it is also the front property
LIMITED ACCESS EASEMENT - A strip of land line.
which does not permit access except at authorized and
controlled points. LOT INTERIOR - Any lot that is neither a comer
lot nor a through lot.
LOADING SPACE - Accommodations off the street
for loading onto and unloading from trucks, in the LOT, THROUGH (DOUBLE FRONTAGE) - Any
form of one (1) or more truck berths located either lot, not a comer lot, having both the front and rear
within a building or in an open area on the same lot. property lines adjacent to a public street.
LOCAL STREET - A street shown or described as LOT, WIDTH - The distance between the side lot
such according to the current or most recent functional lines measured at right angles to the lot depth at a
classification contained in the City of Boynton Beach point between the front and rear property lines.
Comprehensive Plan, as adopted and amended.
LUMBER STORES, BUILDING MATERIALS
LOGO - A symbol of a company or business. STORES, AND LUMBER YARDS - Sale of lumber
and other building materials, including cutting of
LOT - Is either: 1. A lot of record as part of a land finished lumber products to length or size for sale on
subdivision, recorded in the office of the clerk of the premises.
circuit court of Palm Beach County, and existing on
the effective date of these regulations, or any MAJOR DRIVEWAY - A main ingress or egress to
applicable subsequent amendment thereto, or 2. A a public street from the site of any development
tract of land under a unity of title document or a tract generating more than 1,000 vehicular trips per 24
of land, either unsubdivided or consisting of abutting hour day or more than 250 trips in any single hour
lots of record which on the effective date of these including, but not limited to, a shopping center,
regulations or any applicable subsequent amendment multiple-family development, industrial park, hospital
thereto, was in one ownership, or 3. A tract of land, or any other use.
which at the time of filing for a building permit is
designated by its owner or developer as a tract all of MAJOR REPAIRS - They shall include complete
which is to be used, developed or built upon as a unit engine overhaul and/or replacement of internal parts
under one ownership, of engines. Also included is repair of any portion of
2002 S-18
General Provisions 15
the drive mechanism, body and fender work, painting MINOR REPAIRS - They shall include engine tune-
and customizing, up, carburetor repairs, wheel-balancing and
replacement and/or repair of external parts of engines.
MAJOR THOROUGHFARES - A main traffic
artery connecting two (2) or more municipalities. MOBILE HOME - A manufactured detached,
transportable, single family dwelling unit designed
MALL - A single building, enclosing a number of for long term occupancy and arriving at the site where
tenants and occupancies wherein two (2) or more it is to be occupied as a complete dwelling unit,
tenants have an entrance into an enclosed, roofed over containing all conveniences and facilities, with
area designed as a pedestrian public way. plumbing and electrical connections provided for
attachment to approved utility systems. To retain
MARINA - A facility designed to provide a variety of mobility, undercarriage and axles must remain
accommodations and services for local or transient attached to the unit.
boaters, such as fueling, dockage, retail sales of
marine supplies, equipment, boats, motors and trailers, MOBILE HOME SUBDIVISION (PARK) - A
wet or dry storage, hauling, making minor repairs or subdivision of land for the sale of mobile home lots.
alterations; the latter while in wet or dry storage.
Where possible, all repairs, especially major repairs, MOTEL - A building or group of buildings which
will be accomplished within an enclosed or three- contains sleeping accommodations for transient
quarter enclosed building, occupancy, and has individual entrances to serve such
sleeping units. No provisions shall be made for
MASTER PLAN - A drawing which shows the cooking in any individual room. Motels may have
intended division of and improvements on real one or more dining rooms, restaurants or lounges as
property, accessory uses.
MASTER STORM WATER MANAGEMENT MOTEL APARTMENT - Any motel building
PLAN - Documents outlining proposed primary and containing a mixture of sleeping rooms and apartment
secondary drainage and storm water treatment suites for transient guests only, and which shall not
facilities, serve as the primary or permanent residence of the
occupants. Buildings designed as motel apartments
MATERIAL (FILL) - Sand, clay, rock, muck, gravel, shall have not more than one-third of the total units
loam or like materials existing or hauled to the site. devoted to apartment suites. Dining rooms and
lounges shall be permitted as accessory uses. Motel
MILLWORK - Manufacturing of lumber and wood apartment suites shall have a minimum gross floor
patterns, stock and workings, including, but not area of five hundred (500) square feet.
limited to, manufacturing of wooden flooring,
shingles, doors, windows, frames, trusses, stairs and MULTIFAMILY DWELLING - A building or
other fabricated structures; veneer, plywood and other shelter that has been divided into separate units
railings, wood pallets and containers, wood buildings to house more than one (1) family.
and turned or shaped wood products.
NIGHTCLUB - A restaurant, bar, lounge or similar
MINING - Removal of materials from a site in establishment serving alcoholic beverages, that
quantities exceeding what is physically necessary to features dancing, theatrical, cabaret, or similar
develop the site. Mining is prohibited in the City of entertainment and/or electronically amplified music.
Boynton Beach.
NURSERY SCHOOL AND/OR PRESCHOOL
FACILITIES - A supervised training and/or
socializing center for children.
2001 S-15
16 Boynton Beach Code
NURSING HOME OR CONVALESCENT PAINTED WALL SIGN - A sign painted on any
HOME - A residential facility which is included exterior surface of the building or structure, including
under the definition of "nursing home facility", the roof.
"facility", or "related health care facility home" as set
forth in Chapter 400, Part I, Florida Statutes, except PARAPET - A false front and/or wall extension
that this definition shall apply to facilities of any above the roof line.
capacity.
PARAPET SIGN - A sign placed completely on the
OCCUPATIONAL LICENSE - A license to face of the parapet.
operate a business, profession, occupation or other
operation within the city limits, which is issued in PARK - A park, reservation, playground, beach,
accordance with Chapter 13 of the City of Boynton recreation, center or any other area in the city, owned,
Beach Code of Ordinances. or used by the city, and devoted to active or passive
recreation.
OFF-PREMISES SIGN - A sign advertising an
establishment, merchandise, service or entertainment, PARKING LOT - Any outdoor or partially enclosed
which is sold, produced, manufactured and/or or enclosed space, plot, yard or any portion thereof,
furnished, at a place other than the property on which which is utilized for the parking or storage of
said sign is located, vehicles, upon which two (2) or more parking stalls
are constructed. (Parking facilities designed for
OFF-PREMISES STORAGE - Storage which is detached single-family homes or duplex units with a
not located on the same parcel as the principal use to maximum of four parking stalls are exempted from
which such storage is an accessory use. this definition.)
ON-PREMISES - At the place of business of a PARKING SPACE - A surfaced area, enclosed or
particular use, including the entire lot or parcel and unenclosed, sufficient in size to store one automobile,
any structure thereon, as opposed to on the customer's together with a driveway connecting the parking
premises, space with a street or alley and permitting ingress and
egress of an automobile.
ON-PREMISES SIGN - A sign or sign device,
indicating the business transacted, services rendered, PARKING STALL - A surfaced area, enclosed or
goods sold or produced on the premises, including unenclosed, sufficient in size to store one automobile
the name of the business, person, firm or corporation with a minimum width of nine (9) feet and a
occupying the premises. Such sign shall be located minimum length of eighteen (18) feet.
where the use, for which the sign is identifying or
advertising, is located. PAWN SHOP - A shop where money is lent in
exchange for personal property left as security.
OPEN SPACE - A required exterior open area clear
from the ground to the sky devoid of residential and PEAK SEASON POPULATION - The year-round
commercial buildings, and accessory structures, population of the city, Palm Beach County, the
development project, or other portion of the city or
OUTFALL - A pipe which discharges treated county, as the context may require, using the
stormwater into waterways, methodology set forth in the comprehensive plan
support documents.
OWNER - That person or legal entity reflected on
the public records of Palm Beach County as the PERIMETER - The entire outer boundary of the
owner of real property upon which a structure has sign, not including the supporting structural members.
been completed.
2001 S-15
General Provisions 16A
PERSON - Any natural person, firm, copartnership,
association or corporation.
PLACES OF ASSEMBLY - Buildings and facilities
on a lot or parcel of land specifically designed for
assembly, which may include churches, temples, and
other places of worship; theatres, auditoriums,
conference centers, clubs, lodges, and fraternal
organizations.
PLANNED COMMERCIAL DEVELOPMENT -
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;
2002 S-18
16B Boynton Beach Code
General Provisions 17
provides for a commercial district of efficient and
harmonious design so arranged as to create an and elevations for all buildings except for single
attractive project readily integrated with and having family homes intended to be located, constructed,
no adverse effect on adjoining or surrounding areas used and related to one another, and detailed plans for
and developments; is developed according to other uses and improvements on the land related to
comprehensive and detailed plans for streets, utilities, the buildings; includes a program for full provision,
lots, building sites, etc., and site plans, floor plans maintenance and operation of such areas,
and elevations for all buildings intended to be improvements, facilities and unit development, but
located, constructed, used and related to one another, will not be provided, operated or maintained at public
and detailed plans for other uses and improvements expense.
on the land related to the buildings; and includes a
program for full provision, maintenance and PLANNED ZONING DISTRICT A zoning
operation of such areas, improvements, facilities and district in which the zoning of the property to same is
services for common use by the occupants of the accompanied by and conditioned upon an approved
planned commercial development, master plan for the use and/or development of the
property.
PLANNED INDUSTRIAL DEVELOPMENT -
Land under unified control, planned and developed as PLAT - A map depicting the division or subdivision
a whole in a single development operation or an of land into lots, blocks, parcels, tracts or other
approved programmed series of development portions in accordance with Chapter 177, Florida
operations for industrial buildings and related uses Statutes, as amended.
and facilities; provides for an industrial district of
efficient and harmonious design so arranged as to PLAT, FINAL - A finished map of a subdivision
create an attractive project readily integrated with and accurately showing all legal requirements of Chapter
having no adverse effect on adjoining or surrounding 177 F.S. and the requirements of this ordinance.
areas and developments; is developed according to
comprehensive and detailed plans for streets, utilities, PLAT OF RECORD - A recorded final plat.
lots, building sites, etc. and site plans, floor plans and
elevations for all buildings intended to be located, PLUMBING - Includes all of the following supplied
constructed, used and related to one another, and facilities and equipment: Gas pipes, gas-burning
detailed plans for other uses and improvements on equipment, water pipes, garbage disposal units, waste
the land related to the buildings; and includes a pipes, toilets, sinks, installed dishwashers, lavatories,
program for full provision, maintenance and bathtubs, shower baths, installed clothes washing
operation of such areas, improvements, facilities and machines, catch basins, drains, vents and any other
services for common use by the occupants of the similar supplied fixtures, together with all
PID, but will not be provided, operated or maintained connections to water, sewer or gas lines.
at public expense.
POLITICAL SIGN - A sign erected by a political
PLANNED UNIT DEVELOPMENT - Land under candidate, group or agent thereof, for political
unified control, planned and developed as a whole in purposes.
a single development operation or an approved
programmed series of development operations for PREMISES - A parcel of land comprised of one (1)
dwelling units and related uses and facilities; includes or more lots for which a site plan has been approved,
principal and accessory uses and structures if required, by the appropriate governmental body. If
substantially related to the character of the site plan approval is not required, the word
development itself and the surrounding area of which ;;premises," for the purpose of these regulations, shall
it is a part; is developed according to comprehensive mean a parcel of land, with its appurtenances and
and detailed plans which include streets, utilities, buildings, comprised of one (1) or more lots having
lots, building sites and the like and site plans, floor unity of use.
plans
1998 S-8
18 Boynton Beach Code
PRESERVATION - The perpetual maintenance of REAL ESTATE SIGN - Any sign erected by an
areas in their original state, owner, or his agent, advertising the real property upon
which the sign is located as for rent or sale. Such
PRIVATE COMMUNITY ANTENNA SYSTEM - sign shall not include rooming house signs.
A system of equipment designed to receive and
distribute television and radio signals serving a REAL PROPERTY - The portion of the land or
minimum often (10) residential units in a buildings contained in a legal description setting forth
condominium or nonprofit homeowners' association, the boundaries of such property and legally
acknowledged under the laws of the State of Florida
PROPERTY OWNERS' ASSOCIATION - An and Palm Beach County.
organization operated under recorded maintenance
and ownership agreements made up of every owner RECLAMATION - The filling, backfilling,
of a portion of a subdivision. Each owner is restructuring, reshaping and/or revegetation within
automatically a voting member and subject to a and around a land excavation or filling area to a safe
prorated share of the common property maintenance and aesthetic condition.
costs. A property owners' association, as used in this
ordinance, is synonymous with homeowners' RECREATION VEHICLE - A travel trailer, camp
association and/or condominium association as trailer, chassis mount camper or motor home, as
defined in Chapter 711, Florida Statutes, 1971, as defined by the rules of the Florida Department of
amended. Highway Safety and Motor Vehicles.
PUBLIC FACILITIES - Capital facilities for water, RECREATIONAL FACILITY - Any building or
sewer, drainage, solid waste, parks, recreation and structure designated for recreational purposes such as
roads, for which levels of service have been games, sports, etc. and including adjacent property
established in the comprehensive plan. included for such use.
PUBLIC RIGHT-OF-WAY - The land which is RESIDENT POPULATION - The year-round
dedicated for pedestrian or automotive traffic or population of the city, Palm Beach County, the
which is dedicated for access to utilities and is, or is development project, or other portion of the city or
intended to be, permanently open for these uses. county, as the context may require, using the
methodology set forth in the comprehensive plan
PUBLIC UTILITY - Every person, corporation, support documents.
partnership or association or other legal entity, their
lessees, trustees or receivers now or hereafter, either RESIDENTIAL ZONING DISTRICT - All R-
owning, operating, managing or controlling a system 1AAA, R-1AAB, R-1AA, R-lA, R-l, R-2 and R-3
or proposing construction of a system that is zoning districts, and those planned unit developments
providing or proposes to provide water or sewer where the predominant land use on the approved
service, electricity, natural or manufactured gas, or master plan is residential.
any similar gaseous substance, telephone, telegraph
or cable TV service to the public for compensation. RESTAURANT - An establishment with an on site
commercial kitchen where food and drink are
PYLON SIGN - A sign that is mounted on a prepared and served, and are consumed primarily at
freestanding pole(s) or other freestanding support so tables on site. A restaurant may serve alcoholic
that the bottom edge of the sign face is six feet or beverages as a secondary activity.
more above grade.
READER BOARD SIGN - See "Changeable Copy
Sign."
2001 S-15
General Provisions 19
RETAIL - The sale of goods only to household Service Storage Facilities (Mini-warehouses) of the
consumers, or office or professional equipment and Zoning Code, storage bays shall not be used to
supplies, for use in offices or any other sale in the manufacture, fabricate or process service or repair
form of personal property, vehicles, boats, small engines or electrical equipment,
or to conduct similar repair activities; conduct garage
REZONING - The legal process by which changes sales or retail sales of any kind; or conduct any other
are made to the boundary or boundaries of a zoning commercial or industrial activity on the site. The term
district(s) or where a new boundary or boundaries are %elf-Service Storage Facilities" includes the
established for a zoning district(s). This process is following: Limited-access self storage facilities,
known herein as a district boundary change, which have limited access points from the exterior of
the building to interior halls that serve individual
RIGHT-OF-WAY - A strip of land dedicated or storage bays; and, multi-access self storage facilities,
deeded in perpetuity to the public or a property owners which have multiple access points from the exterior
association, of the building to individual bays and may have one
access point for each storage bay.
ROADWAY - That portion of a highway improved,
designed or ordinarily used for vehicular travel, SETBACK - A line running a certain distance back
exclusive of the berm or shoulder. In the event a from and parallel to the base, front, side or rear
highway includes two or more separate roadways, the property line which provided the separation wherein
term ~roadway" as used herein refers to any such no building, structure or portion thereof shall be
roadway separately, but not to all such roadways permitted, erected, constructed or placed unless
collectively, specifically permitted by the Code.
ROOF SIGN - A sign erected upon or above a roof of SEWERAGE SYSTEM, CENTRAL - A system of
a building, or above or partially above a parapet of a pipes, pumps, tanks, etc. for the collection and
building, disposal of sewage, in accordance with the
requirements of requisite government agencies.
RUNOFF - Precipitation discharge into waterways.
The water that flows off the surface of the land SEWERAGE SYSTEM, INDIVIDUAL Pipes,
without sinking into the soil is called surface runoff, tanks and subsurface absorption field, or other
Water that enters the soil before reaching waterways is approved treatment device, for handling and
called groundwater runoff or seepage flow from disposing of sewage wastes for a single user.
groundwater.
SHOOTING RANGE, INDOOR A facility
SAFETY SIGN/WARNING SIGN- A D.O.T. designed or used for shooting at targets with rifles,
approved sign erected to identify a special safety or pistols, arrow, or shotguns, and which is completely
warning message relating to that particular location or enclosed within a building or structure.
area.
SHOPPING CENTER - A group of retail
SALE OF GOODS - Sale, rental or leasing of goods, commercial and/or service establishments planned,
developed, managed and operated as a unit.
SELF SERVICE STORAGE FACILITY (MINI-
WAREHOUSES) - An enclosed storage facility of a SIDEWALK OR SANDWICH SIGN - A moveable
commercial nature containing independent, fully sign not secured or attached to the ground.
enclosed bays which are leased to persons exclusively
for dead storage of their household goods, personal SIGHT DISTANCE The minimum extent of
property, or records for commercial businesses, unobstructed vision in a horizontal and vertical plane.
Except as otherwise allowed by Section 11.0 Self-
2003 S-20
20 Boynton Beach Code
SIGN - Every billboard, ground sign, wall sign, roof SKATING RINK - A commercial establishment that
sign, illuminated sign, projecting sign, temporary provides facilities for participant ice or roller skating
sign, marquee, awning and canopy, and shall include which is completely enclosed within a building or
any announcement, declaration, demonstration, structure.
display, illustration or insignia used to advertise or
promote the business or other interests of any person SNIPE SIGN - A sign of a temporary nature which is
or entity when placed out of doors in view of the mounted to stakes or other objects, which is utilized
general public, to advertise or display matter.
SIGN, AREA OF - The area enclosed by the SPECIAL EVENT SIGN - A sign which carries a
perimeter of the sign including all background message regarding a special event or function which
material, panel, trim and color that differentiates the is of general interest to the community and sponsored
sign from the building, structure or object to which by a not-for-profit civic, religious, school or
the sign is attached. If the sign is composed of governmental organization.
individual letters or symbols using the wall as the
background with no added decoration, the area is the SPECIAL MOBILE EQUIPMENT - Vehicles
sum of the areas of the smallest contiguous rectangles defined as such by Section 316.003, Florida Statutes.
containing a letter, symbol or continuous line or lines
of advertising matter. Note: Double faced signs are START OF CONSTRUCTION (for other than
calculated as single faced until there is more than a new construction or substantial improvements
forty-five (45) degree angle between faces, under the Coastal Barrier Resources Act (P.L. 97-
348), -The date a building permit is issued, provided
SIGN CONTRACTOR, ELECTRICAL - A person the actual start of construction, repair, reconstruction
licensed to install, repair, alter, add to or change, any or improvement is within one hundred eighty (180)
electrical wires, apparatus, raceways, conduit or any days of the permit date. The actual start means the
part thereof on electrical signs and is qualified to first placement of permanent construction (including
erect signs and connect to an existing sign circuit, a manufactured home) on a site, such as the pouring
of slabs or footings, installation of piles, construction
SIGN CONTRACTOR, NON-ELECTRICAL - A of columns or any work beyond excavation or
person licensed by the city to install, repair, add to, placement of a manufactured home on a foundation.
paint or change non-electrical signs. Permanent construction excludes land preparation
such as clearing, grading and filling; installation of
SIGN FACE - The part of the sign that is or can be streets and/or walkways; excavation for a basement,
used for advertising purposes, footings, piers or foundations or the erection of
temporary forms; installation on the property of
SITE PLAN FOR BUILDING PERMITTING - accessory buildings such as garages or sheds not
Drawings showing the location of the proposed occupied as dwelling units or not part of the main
building or structure and of every existing building or structure.
structure on the site or lot and other documents
required by the director of development. STATE ROAD - Any highway designated as a state-
maintained road by the Department of Transportation.
SITE PLAN FOR DEVELOPMENT OR
REDEVELOPMENT - The development plan for STATE STANDARDS - See "Department of
one or more lots submitted in compliance with Transportation State Standards."
Chapter 4 including, but not limited to, requirements
of Section 7 therein. 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.
2003 S-20
General Provisions 20A
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 city engineer.
STORMWATER - The flow of water which results
from a rainfall event.
2003 S-20
20B Boynton Beach Code
General Provisions 21
STREET - A public or private strip of land which STRUCTURE - Any building or improvement, for
affords a principal means of access to abutting which a certificate of occupancy is required,
property. The word street is synonymous with road, constructed upon real property located within the
avenue, boulevard, lane, place, municipal limits of the city.
STREET, ARTERIAL - A route providing service SUBDIVISION - The division of a parcel of land
which is relatively continuous and of relatively high into two (2) or more lots or parcels, either by plat into
traffic volume, long average trip length, generally lots and blocks or by metes and bounds description,
higher operating speed, and high mobility importance, for the purpose of transfer of ownership or
In addition, all United States numbered highways shall development or, if a new street is involved, by
be arterial roads, division of a parcel of land.
STREET, COLLECTOR - A route providing service SUBSTANTIAL IMPROVEMENT - Any repair,
which is of relatively moderate average traffic volume, reconstruction or improvement of a structure, the cost
moderately average trip length, and moderately of which equals or exceeds fifty (50) per cent of the
average operating speed. These routes also collect and market value of the structure before the improvement
distribute traffic between local roads or arterial roads or repair is started, or if the structure has been
and serve as a linkage between land access and damaged and is being restored, before the damage
mobility needs, occurred. Substantial improvement occurs when the
first alteration of any wall, ceiling, floor or other
STREET FRONTAGE - The property line adjacent structural part of the building commences, whether or
to a public or private street, not that alteration affects the external dimensions of
the structure. The term does not include any project
STREET, LOCAL - A route providing service which for improvement of a structure to comply with
is of relatively low average traffic volume, short existing state or local health, sanitary or safety codes,
average trip length or minimal through-traffic or alteration of a structure listed on the National
movements, and high land access for abutting Register of Historic Places or a state inventory of
property, historic places.
STREET, MARGINAL ACCESS - A street parallel SURETY - An irrevocable surety guaranteeing that
and adjacent to an expressway, arterial street or all required surveying and construction improvements
limited access street or in the immediate vicinity of will be completed in full accord with approved
such streets utilized primarily for relieving such streets documents and all conditions attached thereto.
from local service of abutting property by providing
protection from conflicts with through traffic. Also SURFACE WATERS - All waterways and
called a frontage street, associated wetlands that hold or transport water on
the ground.
STREET, MINOR- See "Local Street.""
SURVEYOR - A surveyor registered in Florida.
STREET, PRIVATE - Any street not dedicated to
the public. SWIMMING POOL - Any confined body of water,
located either above or below the existing finished
STREET, PUBLIC - Any street dedicated to the level of the site, exceeding two (2) feet in depth,
public and accepted for ownership and maintenance designed, used or intended to be used for swimming
by the City Commission. or recreational purposes.
STRUCTURAL TRIM - Shall mean the molding, TECHNICAL REVIEW COMMITTEE (TRC) -
battens, cappings, nailing strips, latticing and A committee consisting of the director of
platforms which are attached to the sign structure, development, the fire chief, the police chief, the
director of utilities,
1998 S-8
22 Boynton Beach Code
the director of public works, the city engineer, the TRAFFIC CONTROL SIGNAL - Any device,
recreation and parks director, and the director of whether manually, electrically or mechanically
planning and zoning, or their duly authorized operated by which traffic is alternately directed to
representatives, stop and permitted to proceed.
TEMPORARY BUSINESS IDENTIFICATION TRAFFIC IMPACT ANALYSIS - A traffic
SIGN - A non-permanent, on-premise sign identifying statement prepared by a professional engineer
a business location, competent in traffic engineering registered in the
State of Florida. Such analysis should address at a
TEMPORARY CONSTRUCTION SIGN - A sign minimum, daily and peak hour movements, mm lanes
identifying the owners, contractors, receivers, lenders required, signalization, capacity of the street system
and suppliers on the property where the sign is located and interior driveway lengths.
during the construction period. Such sign may not be
permitted prior to the issuance of a valid building TRAILER - Any vehicle with or without motive
permit for the specific site and must be removed power, other than a pole trailer, designed for carrying
within ten (10) days after the building permit has been persons or property and for being drawn by a motor
finalized, vehicle.
THOROUGHFARE PLAN - The plan of present and TRUCKING, TRANSFER, OR MOVING
future streets adopted by the City of Boynton Beach. OPERATION - A use where trucking, transfer of
goods or the moving of goods or property is the
TIME SHARING HOTEL - The term shall include, principal use, and where the use involves the use of
but shall not be limited to, any building or part thereof such vehicles as are referred to in Section 14-3(a) of
in which the right of use or occupancy of any unit the City of Boynton Beach Ordinances.
circulates among various occupants for specific
periods of time less than a full year during any given TRUCKS, BUSES, FARM EQUIPMENT, OR
year but not necessarily for consecutive years in FARM MACHINERY - STORAGE, PARKING,
accordance with a fixed time schedule on a SALE, RENTAL OR LEASING - The keeping of
periodically recurring basis extending for more than any trucks, buses, farm equipment, construction
one year. The determination that a building, or part machinery or other vehicles referred to in Section 14-
thereof, is a time sharing hotel shall be made without 3(a) of the City of Boynton Beach Code of
regard to the form of ownership of the property or of Ordinances on a premises for any length of time, for
the units therein and shall be immaterial whether the purposes other than the ongoing service or repair of
right of use or occupancy is derived from a leasehold the vehicle, ongoing deliveries requiring the vehicle,
of fee interest, ongoing maintenance or construction projects, or
where the operator of the vehicle is registered at a
TRAFFIC - Pedestrians, ridden or herded animals, licensed hotel or motel and the vehicle is parked on
and vehicles, streetcars and other conveyances either the site of a hotel or motel. Ongoing service, repairs
single or together while using any street or highway or deliveries shall be construed to be the keeping of
for purposes of travel, such vehicles on the premises only for the amount of
time that the vehicle is being serviced or repaired, or
TRAFFIC CONTROL DEVICES - Any mechanism is making deliveries. Ongoing maintenance or
used to regulate traffic, such as pavement striping, construction projects shall include overnight parking
signs, etc. as specified in the D.O.T. Manual on on the premises for the duration of such a project on
Uniform Traffic Control Devices (M.U.T.C.D.), the premises, during which the vehicle is actually
excluding any mechanical or electrical device such as used. This definition shall not be construed to
traffic lights, prohibit the parking of such
2002 S-18
General Provisions 23
vehicles as a customary accessory use to a lawful WALL SIGN - A sign containing copy, graphics,
principal use where the vehicle is owned or operated symbols and/or letters placed on the wall surface
by the owner of the principal use, where the vehicle is itself.
necessary for the operation of the principal use, and
where the parking of such vehicles is not prohibited WATER SYSTEM, CENTRAL - A supply of water
elsewhere in the City of Boynton Beach Codes and to serve more than one user including the water
Regulations. source, pipes, pumps, tanks, treatment plants and all
other appurtenances.
URBAN LAND USE - The use of land for other than
agricultural, open space, conservation or preservation WATER SYSTEM, INDIVIDUAL - A water source
uses, including uses which are clearly accessory and and other appurtenances supplying water to only one
subordinate to these uses. user.
USE - Any purpose for which a building or other WATERWAY - Any body containing water such as
structure or a tract of land may be designed, arranged, a canal, channel, ditch, drainage way, lake, stream,
intended, maintained or occupied; or any activity, watercourse, etc.
occupation, business or operation carried on, or
intended to be carried on, in a building or other WETLANDS - Open bodies of water and those
structure or on a tract of land. portions of a water body inundated at regular and
periodic intervals, or those areas where vegetation is
USE, PRINCIPAL - The primary purpose for which dominated by submerged and transitional species
land or building is used as permitted by the applicable listed in Florida Administrative Code Rule 17-3.022.
zoning district.
WHOLESALE - Sale of goods to consumers other
USED MERCHANDISE - Merchandise which has than household consumers or to business and
been previously owned by another consumer or other professional offices for use in such offices. For the
end-user prior to being stocked or sold on the purposes of these regulations, a wholesale
premises, establishment shall be defined as an establishment
where more than fifty (50) per cent of the value of
UTILITY TRAILER - A trailer or commercial truck goods sold on or from the premises are sold at
which is rented, leased or sold primarily for use by wholesale prices to customers or users other than
household users for moving household goods, and household consumers.
specifically excluding truck-tractors or semi-trailers.
WINDOW/DOOR SIGN - Any sign which is
VARIANCE - A procedure by which an applicant painted on, applied to, attached to, hanging in or
may request modification of the requirements set forth projected upon or within, the exterior or interior of a
herein under specific conditions which do not nullify building glass area, including doors. For clarification
the intent and purposes of this ordinance, purposes, signs in this definition include, but are not
limited to, any identification, message, symbol,
VEHICULAR SIGN - A sign or sign structure insignia, visual representation, logo type or any other
attached or affixed in any manner in or to any wheeled form of communication.
vehicle for the purpose of advertising that business to
which the sign refers, excluding such signs attached or WORK - All construction for all facilities and
affixed to public transportation vehicles for business features.
advertising purposes when such vehicles belong to a
fully licensed public transportation company. A WRECKED MOTOR VEHICLE - A motor vehicle
vehicle shall not be used to circumvent this sign code. defined as such by Section 10-50 of the City of
Vehicles with vehicular signs shall be parked in the Boynton Beach Code of Ordinances.
rear of commercial or industrial establishments.
2002 S-18 Repl.
24 Boynton Beach Code
XERiSCAPE - A landscaped treatment that 2003 S-20
substantially reduces irrigation demands by
appropriate plant selection.
YACHTEL - A marina or dockage offering onshore
overnight accommodations.
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, 8 1, 8-15-95; Ord. No. 96-28, 8 1, 4-
16-96; Ord. No. 96-49, 8 4, 1-21-97; Ord. No. 97-04,
8 1, 2-18-97; Ord. No. 98-04, 8 1, 1-20-98; Ord. No.
98-31, 8 1, 8-4-98; Ord. No. 99-24, 8 1, 9-7-99; Ord.
No. 00-55, 8 2, 10-17-00; Ord. No. 00-77, 8 2, 1-2-01;
Ord. No. 01-45, 8 2, 8-7-01; Ord. No. 01-50, 8 2, 12-
4-01; Ord. No. 02-010, 8 2, 3-19-02; Ord. No. 02-033,
88 2-4, 8-20-02; Ord. No. 03-010, 8 2, 4-1-03; Ord.
No. 03-016, 8 2, 5-20-03; Ord. No. 03-018, 88 1-3, 6-
3-03; Ord. No. 03-034, 8 2, 6-17-03)
ARTICLE iii. JURISDICTION
Regulations set forth herein are applicable to all
land in the City of Boynton Beach, Florida. (Ord. No.
96-49, 8 5, 1-21-97)
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 Palm Beach County ordinances require that
control; encourage development of an economically certain impact fees be paid concurrent with
stable and healthful community; insure adequate development activities, collectible prior to issuance of
utilities; prevent periodic and seasonal flooding by certain permitting fees. Developers in Boynton
providing protective flood control and drainage Beach shall pay such fees in accordance with Palm
facilities; provide public open spaces for recreation; Beach County ordinances.
insure that citizens of Boynton Beach will not bear the
costs of haphazard land development; provide the
authority to direct the construction of improvements; Sec. 3. Parks and recreation facilities impact fee.
insure the purchaser of land in a subdivision that
necessary improvements of lasting quality have been A. Parks and recreational areas.
installed.
1. REGIONAL OR METROPOLITAN
PARKS AND PRESERVATION/CONSERVATION
ARTICLE ¥. IMPACT FEES AND AREAS. Where a planned regional or metropolitan
DEDICATIONS park or preservation/conservation area is shown on
the city's or county's comprehensive land use plan or
Sec. 1. In general, other official map or plan of said planned area, the
developer shall reserve such area for a period not to
Impact fees are regulatory fees due for land exceed two (2) years during which time the city or
development activity causing a need for capital county shall either acquire the property or release the
improvements, reservation. Such time period shall commence with
an official inquiry to the City Commission by a
developer or property owner proposing development
Sec. 2. Palm Beach County Fees/dedications. of such area.
General Provisions 25
2. RECREATIONAL AREAS. facilities in accordance with the open space and
recreation element of the comprehensive land adopted
a. PURPOSE. This subsection is by the city.
enacted to insure that future land development within
the city provides land and facilities for park or (3) The provisions of this section
recreational purposes in accordance with the open shall not apply to nonresidential subdivisions.
space and recreation element of the comprehensive
plan adopted by the city. c. DEFINITIONS. When used in
this section, the following terms shall have the
b. PURPOSE OF IMPOSITION OF following meanings.
FEE.
APPLICANT - The person or
(1) The imposition of a park and entity applying, or required by the city code to apply,
recreation facilities impact fee is to provide a source for a building permit for the construction of three or
of revenue to fund the construction or improvement of more dwelling units, or for the construction of one or
the city park system necessitated by growth, as more dwelling units within a development of three or
delineated in the capital improvement element of the more units.
proposed comprehensive plan. DWELLING - A living facility
for not more than one household, such as a one-
(2) The purpose of this section is family house, an apartment or a condominium.
to ensure that all future residential land development
creating an impact on park and recreational facilities IMPACT FEE - Park and recrea-
within the city shall bear a proportionate share of the tion facilities impact fee.
cost of capital expenditure necessary to provide such
IMPACT FEE
COORDINATOR - The Director of Parks or the e. IMPACT FEE COORDINATOR.
person designated to perform such functions as
designated under this section. (1) The city hereby establishes
the designation of an Impact Fee Coordinator, to be
OBLIGOR - Any person or entity the Director of Parks or the designee of the Director
who is obligated to pay a park and recreation facilities of Parks.
impact fee pursuant to the city's Park and Recreation
Facilities Impact Fee Ordinance. (2) The duties of the Impact Fee
Coordinator are set forth in the Park and Recreation
PARK - A public park within the Facilities Impact Fee Ordinance, as may be amended
city that is not owned or operated by the county, from time to time.
RESIDENTIAL UNIT - An f. IMPACT FEE PAYMENT
apart-ment, condominium, single-family detached PROCEDURE.
house, mobile home, single-family attached house or
multi-family housing established for human (1) Payment of park and
habitation, recreation impact fee and for conveyance of a real
property shall be made prior to the issuance of an
d. IMPACT FEE IMPOSITION. applicable building permit.
The park and recreation facilities impact fee applies to
all persons and entities, including but not limited to, (2) If land dedication is
businesses, organizations, and agencies that possess an proposed, the obligor will follow the procedures set
interest in property upon which residential units are to forth in the
be constructed within the city limits.
2002 S-18
26 Boynton Beach Code
section entitled "LAND DONATION AS IMPACT
FEE OBLIGATION SATISFACTION." facilities based upon the size, shape, topography,
geology, access and location of the proposed
(3) The obligation for payment of development;
the park impact fee shall run with the land.
(b) No defects. The land
g. IMPACT FEE CALCULATION. must have no known physical problems such as
The formula used to develop park and recreation problems with drainage or flooding, or on-site safety
facilities impact fee assessment is set forth as hazards associated with it;
Appendix A at the end of this chapter.
(c) Consistency.
h. IMPACT FEE AMOUNT. The
established park and recreation facilities impact fee i. The location of the
per residentialunitis as follows: land and its potential for development should be
consistent with the city's comprehensive park and
Type of Impact Fee per recreation land use plan.
Dwelling Unit Dwelling Unit ii. In order to provide
Single-family, detached $940 water-based recreation in accordance with the city's
Comprehensive Plan, waterfront park sites acceptable
Single-family, attached $771 to the city shall be encouraged.
Multi-family $656
(2) Procedure. The value of the
i. CREDIT TOWARDS IMPACT credit to the impact fee obligation shall be the fair
FEE IMPOSITION. Where a building consisting of market value of the proposed dedicated land, as
one or more dwelling units is replaced by another determined by the procedure set forth in this section.
building of one or more dwelling units, there shall be a
credit against the payment of the fees imposed herein (a) The value of the
of the amount that would have been paid for the proposed land to be dedicated shall be based upon a
written appraisal of fair market value by a qualified
destroyed or removed building had it been assessed
hereunder, or, if it had been assessed hereunder, of the and professional appraiser, and based upon
amount of the impact fee actually paid. comparable sales of similar property between
unrelated parties in a bargaining transaction, if
j. LAND DONATION AS IMPACT available. The appraiser must: be a Member of the
FEE OBLIGATION SATISFACTION. Some or all of Appraisal Institute (M.A.I.); have his or her principal
the park and recreation facilities impact fee obligation office for business in Martin, Palm Beach or Broward
may be satisfied by dedication of land to the city for County; and have been qualified to testify as an
park and recreation facilities, at the discretion of the expert on land valuation in a court proceeding in at
City Commission, as follows: least three (3) legal proceedings involving a
governmental entity.
(1) The City Commission shall
determine whether it shall require a land dedication in (b) Prior to issuance of a
lieu of a fee by consideration of the following: building permit, the applicant shall submit to the
Impact Fee Coordinator a proposed plan for the
(a) Suitability. The land dedication of land for impact fee satisfaction. The
should be suitable for future park and recreation proposed plan shall include a legal description of the
land and a written appraisal of the land, along with a
proposed date for the donation of the land.
2002 $-18
General Provisions 27
(c) Upon receipt of the (c) If both adequate land
proposed plan, the Impact Fee Coordinator shall and improvements exist in the area, funds may be
schedule a hearing before the City Commission at the spent to acquire or improve park and recreational
next regularly scheduled meeting for the purpose of facilities elsewhere in the city.
reviewing the proposed plan, and shall provide the
applicant written notice of the time and place of the (2) The amount of the park
hearing. Such hearing shall be held in accordance impact fee collected pursuant to this ordinance plus
with the City Commission rules for conducting quasi- any interest accrued may be returned to the person or
judicial hearings, entity that paid the fee, upon petition for refund, only
if such fees have not been expended or encumbered
(d) Nothing contained herein by the end of the fiscal year immediately following
should be construed to prevent the City Commission the sixth (6th) anniversary of the date upon which
from exercising its authority to decline the donation of such fees were paid.
land as partial or full satisfaction of the park and
recreation impact fee. (3) Refunds shall be made in
accordance with the following procedure:
(3) In the case where the
applicant proposes, or the City Commission requires a (a) The completed petition
dedication of land, the fair market value of said land for refund must be submitted to the Impact Fee
will be credited to the applicant against the impact fee Coordinator, via certified mail return receipt
as set forth in this section. If the fair market value requested, and shall consist of:
exceeds the applicant's impact fee obligation, the
reimbursement will be made to the applicant by direct i. A notarized sworn
cash payment from the trust fund. statement that the petitioner was the entity that paid
the impact fee;
k. USE OF PARK IMPACT FEE
PROCEEDS. ii. A copy of the dated
receipt issued for payment of the impact fee or such
(1) The funds collected pursuant other record that would indicate payment/credit for
to the Park and Recreation Facilities Impact Fee such fee;
Ordinance shall be paid to the city, and placed in a
trust fund to be known as the reserve for parks and iii. A certified copy of
recreational facilities, the latest recorded deed; and
(a) This account shall be iv. A copy of the most
used solely for the acquisition improvement, recent ad valorem tax bill.
expansion or implementation of parks and recreational
facilities in the city. (b) Within ninety (90) days
from the date of a receipt of a complete petition for
(b) Funds shall be used first refund:
for the purpose of providing park or recreational
facilities reasonably related to serving the subdivision i. The Impact Fee
by purchasing land or by improving the land for park Coordinator will advise the petitioner of the status of
and recreational purposes, the request for refund; and
2002 S-18
28 Boynton Beach Code
ii. If such impact fee ARTICLE VII. APPEALS
or portions thereof have not been spent or encumbered
within its applicable time period, then the fee or Sec. 1. Appeals from decisions of an
portion thereof not spent or encumbered shall be
returned to the petitioner.
(c) For the purposes of this
section, fees collected shall be deemed to be spent or
encumbered on the basis of first fee in, first fee out.
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; Ord. No. 02-016, § 1,
5-7-02; Ord. No. 02-032, § 1, 8-6-02) 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
ARTICLE VI. LAND DEVELOPMENT FEES governing body affected by any decision of an
administrative official under any ordinance enacted
Fees shall be charged for land development pursuant to the Land Development Regulations of the
activities described herein as established by the City City of Boynton Beach.
Commission from time to time by resolution. Current
and applicable fee schedules and/or resolutions can be B. FILING. Appeals shall be filed within
obtained at the office of the city clerk or department of fifteen (15) calendar days after rendition of the order,
development, 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 shall not be stayed except by a restraining order
acceptable surety (see Chapter 7) by the appellant in which may be granted by the board or by a court of
an amount equal to 110% of the potential costs of record on application, on notice to the officer from
delays and damages as certified by a design whom the appeal is taken and on due cause shown.
professional, all work on the premises and all
proceedings in furtherance of the action appealed from D. ASSIGNMENT OF APPEALS. The City
will be stayed, unless the official from whom the of Boynton Beach has several boards/commissions
appeal was taken certifies that by reason of facts stated which deal with a variety of appeals, variances,
in the certificate, a stay would cause imminent peril of exemptions, exceptions, etc., as follows:
life or property. In such case, proceedings or work
2002 S-18
General Provisions 29
1. The building board of adjustment and G. INDEMNIFICATION. In the event a claim
appeals will hear and decide appeals of administrative or lawsuit is brought against the City, its officers,
decisions or determinations made in the enforcement employees, servants or agents, the applicant hereby
or administration of LDR Chapter 20, Building, agrees to indemnify, save, and hold harmless the City,
Housing and Construction Regulations and the various its officers, employees, servants or agents and to
building codes and ordinances adopted by the City. defend said persons from any such claims, liabilities,
See LDR Chapter 20, Article VII, Section 2D for causes of action, and judgements of any type
detailed information, whatsoever arising out of or relating to the appeals
from decisions of an administrative official whether
2. The City Commission will hear and the appellant is the applicant or any other party. The
decide appeals of administrative decisions or appellant agrees to pay all costs, attorney's fees, and
determinations in the enforcement or administration of expenses incurred by the City, its officers, employees,
environmental review permits; excavation, dredging servants or agents in connection with such claims,
and/or fill permits; platting; major/minor site plan or liabilities or suits. Nothing contained herein,
master plan modifications and height exceptions, however, shall act as a waiver of any of the City's
immunities provided for in Florida Statutes, Section
3. The concurrency review board will hear 768.28. (Ord. No. 96-49, § 7, 1-21-97; Ord. No. 02-
and decide appeals of administrative decisions 033, § 4, 8-20-02)
denying a certification of concurrency and/or a
conditional certification of concurrency.
Sec. 2. Appeals from decisions of the
4. Repealed by Ord. No. 02-033, § 4, 8-
20-02.
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 parties 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
applicant on any matter upon which the board or
commission is required to pass.
A. ELIGIBILITY. Appeals of decisions of the
concurrency review board may be taken by any
aggrieved party affected by a board decision.
appeal, forwarded to the planning and development
B. FILING. Appeals shall be filed within board for placement on the board's next available
fifteen (15) calendar days after rendition of the order, agenda.
requirement, decision or determination with the
planning and zoning director specifying the grounds C. HEARING OF APPEALS. The planning
for the appeal. A fee as adopted by resolution of the and development board shall fix a reasonable time for
City Commission together with other documents and the hearing of the appeal, give public notice thereof,
materials constituting the record upon which the as well as due notice to the parties in interest. Upon
action was taken shall be collected by the planning the hearing, any party may appear in person, by agent
and zoning director and, together with the completed or by attorney.
2002 S-18
30 Boynton Beach Code
D. REVIEWING APPEALS. In exercising its filing of a subsequent application affecting the same
powers, the planning and development board may property or any portion thereof.
reverse or affirm wholly or partly, or may modify the
decision or determination made by the concurrency B. REFILING AFTER WITHDRAWAL
review board and may make any necessary order, WITH PREJUDICE. Upon the withdrawal of an
requirement, decision or determination, and to that end application, in whole or in part, a period of six (6)
shall have all the powers of the concurrency review months must run prior to the filing of a subsequent
board and the planning and zoning director. The application affecting the same property or any portion
concurring vote of a majority of the members present thereof, unless, however, the decision of the board is
shall be necessary to reverse any order, requirement, without prejudice; and provided that the period of
decision, or determination of the concurrency review limitation shall be increased to a two-year waiting
board or to decide in favor of the applicant on any period in the event such an application, in whole or in
matter upon which the board is required to pass. (Ord. part, has been twice or more denied or withdrawn.
No. 96-49, § 7, 1-21-97)
C. REFILING AFTER WITHDRAWAL
WITHOUT PREJUDICE. An application may be
Sec. 3. Appeals from decisions of the building withdrawn without prejudice by the applicant as a
board of adjustment and appeals, matter of right; provided the request for withdrawal is
in writing and executed in a manner and on a form
A. ELIGIBILITY. Appeals of decisions of the prescribed by the board and filed with the board at
building board of adjustment and appeals may be least one (1) week prior to any hearing scheduled
taken by any aggrieved party affected by a board concerning the application; otherwise, all such
decision, requests for withdrawal shall be with prejudice. No
application may be withdrawn after final action has
B. FILING. Appeals for judicial relief shall be been taken. When an application is withdrawn
filed with the circuit court within thirty (30) calendar without prejudice, the time limitations for re-
days after rendition of a board decision. (Ord. No. 96- application provided herein shall not apply.
49, § 7, 1-21-97; Ord. No. 02-033, § 4, 8-20-02) (Ord. No. 96-49, § 7, 1-21-97)
Sec. 4. Appeals from decisions of the City ARTICLE VIII. DEVELOPMENT REVIEWS
Commission.
Sec. 1. Technical reviews.
A. ELIGIBILITY. Appeals of decisions by the
City Commission may be taken by any aggrieved A. SCOPE. Any person wishing to develop
party affected by a commission decision, property within the city shall submit a master plan
and/or site plan review application, an application fee
B. FILING. Appeals for judicial relief shall be and supporting documents as required by the planning
filed with the circuit court within thirty (30) calendar and zoning department. The purpose of this
days after rendition of a commission decision. (Ord. submission shall be for review of the basic design
No. 96-49, § 7, 1-21-97) quality of the proposed development and to ensure
compliance with applicable city codes.
Sec. 5. Withdrawal or denial of appeal. B. ADMINISTRATION. The Planning and
zoning department shall be responsible for the overall
A. REFILING AFTER DENIAL. Upon denial coordination and administration of the plan review
of an application for relief hereunder, in whole or in process.
part, a period of one (1) year must run prior to the
2002 S-18
General Provisions 31
C. DETERMINATION OF COMPLETENESS. H. SUBMISSION OF AMENDED
Within two (2) business days (not including the date DOCUMENTS/WRITTEN EXPLANATIONS. The
of filing) of receiving application and documentation applicant shall submit amended documents/written
for master plan and/or site plan review, the planning explanations to the Planning and Zoning Department
and zoning department shall inform the applicant of within ninety (90) days of receipt of comments or the
the completeness of thc application and either accept application shall become null and void.
the application or reject the application. Rejected Reconsideration will then require a new application
plans and applications will be returned to the applicant and a new fee.
with a list of deficiencies in writing from the planning
and zoning department. I. REDISTRIBUTION FOR REVIEW. The
planning and zoning department shall distribute the
D. DISTRIBUTION FOR REVIEW. amended documents to TRC members within three
Documents will be distributed within three (3) (3) working days of acceptance from applicant. TRC
working days of acceptance to the City's technical members shall respond to the planning and zoning
review committee for review and written comments department with either a recommendation to approve
within fifteen (15) days unless otherwise requested by or reject the plan within ten (10) working days. The
the planning and zoning director, planning and zoning department shall notify the
applicant of thc responses from TRC members. (Ord.
E. TECHNICAL REVIEW COMMITTEE No. 96-49, § 8, 1-21-97; Ord. No. 02-033, § 4, 8-20-
(TRC) CONSIDERATION. A technical review 02)
committee (TRC) chaired by the planning and zoning
director or his/her designee and consisting of
representatives of the parks and recreation, fire, police, Sec. 2. Planning and development board review.
utilities, engineering, public works, planning and
zoning, and development departments shall meet to A. SCOPE. When the TRC finds that the
review documents in order to coordinate the technical documents meet the provisions of these Land
expertise of TRC members. TRC comments will be Development Regulations, the planning and zoning
forwarded in writing to the planning and zoning director will transmit the documents with TRC
department within three (3) days of the meeting, comments and recommendations to the planning and
development board for review at their next available
F. APPLICANT NOTIFICATION. The meeting.
planning and zoning department shall forward TRC
comments to the applicant within seven (7) working B. APPLICANT NOTIFICATION. The
days of the TRC meeting, planning and zoning department will notify the
applicant in writing of the date, time and location of
G. DOCUMENT AMENDMENTS. The the planning and development board meeting when
applicant shall amend the documents to reflect the application will be reviewed. The applicant may,
comments made by the various departments or provide at his/her option, request in writing a postponement of
written explanations. Staff comments unresolved at planning and development board consideration.
the time of development order preparation will be
noted on the proposed development order as C. PLANNING AND DEVELOPMENT
conditions ofdevelopmentapproval. 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
2002 S-18
32 Boynton Beach Code
duties vested in it by Chapter 1.5, Article I, Section 4 B. INFORMAL PROCEDURE. An applicant
of this Land Development Regulation. may challenge orally or in writing any staff comment
or recommendation by contacting the issuing
D. ACTION. The planning and development department and presenting specific grounds for the
board shall recommend to the City Commission that challenge. The issuing department may reverse or
they approve the plan unconditionally, approve the affirm the comment or recommendation, wholly or
plan with conditions and/or recommendations, or deny partly, or may modify the comment or
the plan. (Ord. No. 96-49, § 8, 1-21-97) recommendation, but all such action shall be based on
provisions of appropriate codes, ordinances, rules or
regulations. Any staff comment not based on a
Sec. 3. City Commission reviews, specific code, ordinance, rule or regulation becomes a
recommendation.
A. SCOPE. When the planning and
development board completes its review and C. FORMAL PROCEDURE. Comments
formulates its recommendations, the planning and and/or recommendations surviving the informal
zoning director will transmit the documents together procedure described hereinbefore will be forwarded
with TRC comments and recommendations as well as to the planning and development board and/or City
planning and development board action to the City Commission for review in the form of a proposed
Commission at their next available meeting, development order. The board will review proposed
development orders which come before it and may
B. APPLICANT NOTIFICATION. The recommend acceptance, rejection, and/or
planning and zoning department will notify the modifications to staff comments and
applicant in writing of the date, time and location of recommendations, and forward a record of their
the City Commission meeting when the application recommended action to the City Commission. The
will be reviewed. The applicant may, at his/her City Commission may accept, reject, or modify each
option, request in writing a postponement of City comment or recommendation presented to them from
Commission deliberations, staff and, if available, from the planning and
development board, during their development order
C. CITY COMMISSION DELIBERATION. deliberations.
The City Commission shall consider the comments
and recommendations of reviewing departments and D. FINALIZING DEVELOPMENT ORDERS.
the recommendation of the planning and development The city attorney or his designee will record specific
board and shall approve the plan, approve the plan action by the Commission on each staff comment or
with conditions, deny the plan or defer action on the recommendation during deliberations. He shall also
plan. record specific action by the Commission on each
(Ord. No. 96-49, § 8, 1-21-97) planning and development board comment or
recommendation as well as each Commission
comment or recommendation. The city attorney will
ARTICLE IX. DEVELOPMENT ORDERS sign, and the city clerk will witness, the completed
record of the proceedings which then becomes the
Sec. 1. Challenges to staff comments generated official development order.
through the development review process.
E. DISTRIBUTION OF DEVELOPMENT
A. ELIGIBILITY. An applicant may challenge ORDERS. Within three (3) working days the city
any written comment or recommendation made by a attorney and city clerk will sign the development
staff member during the development review process, order
2002 $-18
General Provisions 33
and forward signed copies to the applicant, the
department of development, and the planning and within the boundaries of the City of Boynton Beach
zoning department, whose development application or application for a
(Ord. No. 96-49, § 9, 1-21-97) permit or license is pending.
DEVELOPMENT ACTIVITY - Application for a
ARTICLE X. RESERVED master plan, site plan, rezoning, building permit, or
variance.
ARTICLE XI. NOTICE OF INTENT C. Notice of Intent authorization/effective
date/ratification by City Commission.
A. Statement of intent. 1. At the time the City Commission
authorizes, by Resolution, the investigation, study,
1. The City from time to time will propose development, drafting or consideration of a change to
changes to the Land Development Code of the Code a land development regulation, a Notice of Intent of
of Ordinances of the City of Boynton Beach. the pending regulatory change shall be issued. The
effective date of the Notice of Intent shall be deemed
2. The purpose of this section is to provide to be the date of said authorization by the City
an administrative procedure for the public and the Commission.
development community to be notified of such
changes in land development regulations which may 2. At the next Commission meeting
impact proposed plans for development within the following the Notice of Intent, members of the public
City of Boynton Beach as early in the Code revision shall have the opportunity to address the City
process as possible to best ensure that affected parties Commission in a public hearing format relative to a
do not unnecessarily expend time, money and filed Notice of Intent. After the public hearing, the
resources on proposed development projects which City Commission by majority vote shall either
will be subject to such land development regulations' approve or disapprove the further processing of the
revisions, proposed regulation which is the subject matter of the
Notice of Intent.
3. It is further the purpose of this section
to ensure that upon the issuance of the Notice of D. Statement of purpose. The Notice of Intent
Intent, as hereinafter provided, no proposed land shall include:
development project affected by a pending regulatory
change shall be approved by any City officer, official, 1. A statement of purpose;
commission, board, agency or body, whether elected
or appointed, unless said proposed land development 2. A brief description of the pending
project conformswiththependingregulatorychange regulatory change which shall include as much
and/or the proposed land development project specificity as possible; recognizing however that
approval is conditioned on such conformance pursuant changes may occur as the pending regulation
to the pending regulatory change as currently drafted proceeds through the drafting, review, public meeting
or as finally approved, whichever is appropriate, and public hearing process. The description shall
include a statement of the possible effect that the
B. Definitions. As used in this section: pending regulation may have on development. In
addition, the description shall provide an indication of
AFFECTED PARTIES - Includes persons owning the provisions of the existing code that may require
property or persons owning or operating a business modification;
2002 $-18
34 Boynton Beach Code
3. A statement of the projected time frame
for the adoption of the pending regulation; and extended for an additional period of time approved by
the City Commission upon expiration of the initial
4. A statement of the point in the period of time stated in the Notice of Intent.
development approval process at which the pending
regulation would apply. 3. If no final action has been taken by the
City Commission within the time limits set forth
E. Posting of notice, herein, the Notice of Intent will expire.
1. The Notice of Intent shall be posted in G. Effect on pending or proposed development
the Development Department, and in a conspicuous permits.
location in City Hall.
1. A Notice of Intent shall have no effect
2. From and after the Notice of Intent, on any application for development activity (a master
applicants for appropriate licenses, permits, and other plan, site plan, rezoning, variance, or building permit)
applicable development applications, including butnot pending for approval on September 19, 2000 or
limited to plats, site plans, rezonings, variances, and approved on or before September 19, 2000.
building permits, shall be provided written notice of
the pending land development regulatory changes 2. Except as provided in 1. above, no
which may potentially affect the applicant. Applicants application for development activity (a master plan,
shall be provided written notice by mail and through site plan, rezoning, variance, or building permit) shall
the availability of notices in the Development be accepted for processing by the City following the
Department, and by posting of the Notice of Intent. issuance of a Notice of Intent unless said application
To the extent that affected parties have comments, conforms with the pending regulatory change and/or
they shall be afforded the opportunity to file written the application is conditioned on such conformance
opinion orobjectionswiththeDevelopmentDirector, pursuant to the pending regulatory change as
currently drafted or as finally approved, whichever is
3. Neither the failure of the city to provide appropriate.
written notice nor the failure of an applicant for
development to observe the posted notice nor the H. Regulations subject to Notice of Intent.
failure of the city to provide posted notice shall Pending regulations subject to the Notice of Intent
invalidate the applicability of this article to said include development regulations as defined by
applicant for development approval. Section 163.3213, Florida Statutes, as amended from
time to time, and comprehensive plan amendments
F. Implementation time frame, which are a condition precedent to land development
regulatory changes.
1. The pending regulatory change shall be
considered by the City Commission at a public hearing I. Evidence of general compliance. Evidence
within a time period prescribed by the City at the time of general compliance with the procedures of this
of the filing of the Notice of Intent. section of the Code shall be sufficient to sustain the
regulation upon adoption.
2. If additional time is required for study
and deliberation due to the scope of the proposed J. Copies to Planning and Zoning Board. The
regulatory changes or arising from procedural issues, Planning and Zoning Board shall be provided with a
upon a majority vote of the City Commission, the time copy of all Notices of Intent upon issuance.
prescribed by the City in the Notice of Intent may be (Ord. No. 00-53, § 2, 10-4-00)
2002 S-18
General Provisions 35
Appendix A
PARKS AND RECREATION FACILITIES IMPACT FEE FORMULA
A. COSTS PERCAPITA: CALCULATIONS.
1. The cost per capita of park land and each type of recreational facility is calculated by multiplying the
standard park acreage and recreational facilities per capita by the average cost per acre or facility as follows:
Standard Per Capita X Average Cost Per Facility = Cost Per Capita
a. The cost per capita is calculated by multiplying the standard quantity of park land and facility by
average cost per facility.
b. The standard quantity is based on actual provision.
c The land value is the average assessed value per acre of all vacant parcels within the city of more
than two (2) acres.
d. An additional thirty-thousand dollars ($30,000) has been added to the average assessed value to
account for basic civil and site development costs.
2. The table below lists the components of land and facilities that make up the city's park system. For
each component, the table displays the city's guideline or service per capita and the average cost per facility, and
calculates the capital investment cost per capita by multiplying the standard quantity by the average cost.
Component Standard Per Capita Average Cost Per Facility Cost Per Capita
Land acres 0.004916 $173,954 $855.16
Playgrounds 0.000248 $50,000 $12.40
Basketball Courts 0.000199 $30,000 $5.97
Handball/Racquetball Courts 0.000099 $68,000 $6.73
Baseball/Softball Fields - Youth 0.000116 $275,000 $31.90
Baseball/Softball Fields - Adults 0.000017 $350,000 $5.95
Football/Soccer Fields 0.000017 $350,000 $5.95
Tennis Courts 0.000464 $40,000 $18.56
Shuffleboard Courts 0.000265 $15,000 $3.98
Picnic Areas 0.000167 $50,000 $8.35
Fitness Trials 0.000389 $48,000 $18.67
TOTAL COST PER CAPITA $973.62
2002 S-18
36 Boynton Beach Code
B. ADJUSTMENT RATE.
1. Based on park improvement budgets over the last four fiscal years, sixty-three percent (63%) of the
cost of park development is anticipated to be generated by the city, with the remaining thirty-seven percent
(37%) covered by funds from the trust fund established for deposition of impact fees.
2. In the calculation below, other revenues that are being used to pay for new parks and recreational
facilities and for improvements of existing facilities are subtracted from the total per capita cost, as shown:
Total Investment Cost Less Credit: Percent Net Unfunded Cost
Per Capita Other Revenues Per Capita
$973.62 63% $360.24
C. COST PER DWELLING UNIT (IMPACT FEE) FORMULA.
1. The cost of parks and recreational facilities per dwelling unit is the impact fee.
2. It is determined by multiplying the park and recreational facility cost per person (after the credit
reduction for other revenues) by the average number of persons per dwelling unit in a given type of structure:
Unfunded Cost Per Capita X Persons Per Dwelling Unit = Impact Fee Per Dwelling Unit
Type of Net Unfunded Cost Persons Per Impact Fee Per
Dwelling Unit Per Capita Dwelling Unit* Dwelling Unit
Single-family, detached $360.24 2.61 $940
Single-family, attached $360.24 2.14 $771
Multi-family $360.24 1.82 $656
*The persons-per-unit numbers are currently based on 1990 Census data. These
numbers will be reviewed when such data from the 2000 Census becomes available.
(Ord. No. 02-016, § 1, 5-7-02)
2002 S-18