CHAPTER.2Chapter 2
ZONING
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Sec. 8.5
Sec. 9.
Sec. 10.
Sec. 11.
Sec. 11.1.
Sec. 11.2.
Sec. 11.3.
Sec. 12.
Sec. 13.
Sec. 14.
Sec. 15.
Sec. 16.
Sec. 17.
Definitions of terms.
Scope and authority of the zoning
regulations.
Regulations and map.
General provisions.
Residential district regulations and use
provisions.
Commercial district regulations and use
provisions.
Planned industrial development district.
M-1 industrial district regulations and use
provisions.
Overlay zones.
Administration and enforcement.
Reserved
Supplemental regulations.
Nonconforming uses and structures.
Conditional uses.
Environmental review permits.
Interpretation and purpose.
Existing bulkhead line ratified and
confirmed.
Bulkhead line; permit required for land
filling.
Conflict of interest.
Bed and breakfast.
Sidewalk caf6.
Sec. 1. Definitions of terms.
GENERAL DEFINITIONS. All words used in the
present tense shall include the future tense; All words
in the singular number shall include the plural number;
and all words in the plural number shall include the
singular number unless the natural construction
indicates otherwise; the words "used for" shall
include the meaning "designed for," the word structure
shall include the word "building," the word "lot" shall
include the words "plot and tract," and the word
"shall" is mandatory.
2002 S-18 Repl.
Sec. 2. Scope and authority of the zoning
regulations
A. SCOPE. This zoning regulation is a
comprehensive zoning regulation for the City of
Boynton Beach, Florida; dividing the city into
districts and establishing the boundaries thereof;
regulating and restricting the erection, construction,
reconstruction, alteration, repair, or use of buildings,
structures or land or water; regulating and restricting
the height, number of stories, and size of buildings
and other structures; regulating and restricting the
percentage of lots that may be occupied; regulating
and restricting the size of yards, courts, and other
open spaces; regulating and restricting the density of
population; regulating and restricting the location or
use of buildings, structures, and land and water for
trade, industry, residence, agriculture, and other
purposes; defining certain terms herein used;
providing for the administration, enforcement and
amendment of this regulation; establishing and
defining the powers and duties of the planning and
development board; establishing and defining the
powers and duties of the board of adjustment; setting
penalties for violation of this zoning regulation and
authorizing resort to other remedies to prevent or
abate violation; providing that this zoning regulation
shall supersede any previous zoning ordinance or
resolution; and for other purposes.
B. AUTHORITY. Pursuant to the provision of
the charter of the City of Boynton Beach, Florida, the
City Commission of the City of Boynton Beach,
Florida, has adopted and hereby declares the intent to
utilize the "Official Zoning Regulations" (together
with the official zoning map) for the betterment of the
city as so entrusted to them.
Sec. 3. Regulations and map.
This set of regulations together with the official
zoning map with explanatory matter thereon, shall be
known, used and may be cited as the "Official Zoning
Regulations of the City of Boynton Beach, Florida,
Palm Beach County."
2 Boynton Beach Code
A. OFFICIAL ZONING MAP.
1. Adoption. The district boundaries
hereinafter set forth and delineated on the official
zoning map, including all explanatory matter thereon,
is hereby adopted. The official zoning map shall be
maintained as a digital format GIS document. The
most recent version of the official zoning map shall be
kept on file, in printed form, in the office of the City
Clerk.
2. Updates. The City Commission may
amend the official zoning map from time to time by
ordinance. The official zoning map shall be notated to
list all revision dates.
3. Establishment of zoning districts:
The City of Boynton Beach is hereby
divided into zoning districts as follows and as
delineated on the official zoning map which, together
with all explanatory matter thereon, is hereby declared
a part of the official zoning regulations:
R- 1 -AAA
R- 1 -AAB
R- 1 -AA
R-1-A
R-1
R-2
R-3
C-1
C-2
C-3
C-4
CBD
PUD
PCD
PID
M-1
PU
REC
AG
Single-family residential district
Single-family residential district
Single-family residential district
Single-family residential district
Single-family residential district
Single- and two-family residential
Multiple-family residential district
Office and professional district
Neighborhood commercial district
Community commercial district
General commercial district
Central business district
Planned unit development district
Planned commercial development
district
Planned industrial development
district
Industrial district
Public usage district
Recreation
Agriculture
4. Changes in district boundaries. In
accordance with the provisions of these official
zoning regulations, applicable provisions of the
charter of the City of Boynton Beach, and applicable
provisions of Chapter 163 of Florida Statutes,
changes may be made in district boundaries or other
matter portrayed on the official zoning map by action
of the City Commission of Boynton Beach. Within
thirty (30) days after the passage and the receipt of a
properly attested copy of a change or an amendment
by ordinance, the planning director or development
director shall make the proper change on the official
zoning map and shall keep on file the copy of the
change and make same available for reference for the
general public.
5. Rules for interpretation of district
boundaries.
a. Extent of district boundaries: The
zoning within any district extends throughout the
entire area of the district unless otherwise specifically
provided.
b. Boundary locations: District
boundaries follow lot lines, centerlines of right-of-
ways of streets, alleys, railroads, canals, lakes, the
corporate limits as they exist at the time of this
document, or other geographical or topographical
features, district
In unsubdivided property, unless
dimensioned, lines shall be determined by the use of
the scale on the map.
c. Boundaries following waterway
shorelines. District boundaries will follow changes in
shorelines, except where such interpretation would
change the zoning classification of a lot or parcel, and
in each case, the interpretation shall avoid changing
the zoning of any lot or parcel. Submerged lands
shall assume the regulations of the district adjacent as
the district shall be construed to extend into the water
area in a straight projection until met centerwise by
other districts.
2002 S-18
Zoning 2A
d. Boundaries concerning abandon-
mem. If the boundaries are not changed, the zoning of
the property abutting shall extend into and to the
centerline or to such ownership line as can be deter-
mined of the property abandoned.
e. Boundaries and zoning.
Boundaries and zoning of all lands annexed into the
city shall be determined at the time of annexation.
f. Boundary variations. Where there
are variations or where the actual location on the
ground differs from the mapped location, the
interpretation shall be to avoid changing the status of
any lot or parcel, or the interpretation shall be made by
the planning director and/or the planning and
development board and City Commission as to the
intent and purpose of these official zoning regulations.
2002 S-18
2B Boynton Beach Code
Zoning 3
g. Division of a lot of record. If a
division of a lot of record makes impractical the
reasonable use of land, the extension of either portion
may be permitted as an exception beyond a district
line to a determined extent or into the remaining
portion of a lot upon approval by the planning and
development board and the City Commission.
6. Application of district regulations. The
regulations set by the zoning regulations within each
district shall be minimum or maximum limitations, as
appropriate to the case, and shall apply uniformly to
each class or kind of structure, use, or land or water
except as hereinafter provided:
a. Use. No building or structure or
land shall hereafter be used or occupied, and no
building or structure or part thereof shall be erected,
constructed, reconstructed, moved or altered except in
conformity with the regulations herein specified for
the district in which it is located.
b. Height and density. No building
shall hereafter be erected, constructed, reconstructed
or altered to exceed the requirements of the defined
zones.
c. Yards and other spaces. No part of
a yard or other space or the off-street parking or
loading space required about any building for the
purpose of complying with the provisions of this
ordinance shall be included as part of the yard or off-
street parking or loading space required for another
building.
d. Limitation on number of principal
buildings on lots in residential areas. Except as
hereinafter provided, only one (1) principal residential
building, and its customary accessory buildings,
except for multi-family buildings and cluster
development, may hereafter be erected on any lot.
e. Public street frontage. Each shall
be erected on a lot which abuts or has access to a
public or private street, road or easement for ingress or
egress. Such access shall be of adequate width to suite
the use of the property and shall meet the
requirements of the city.
7. Application of zoning regulations and
adopted plans or design guidelines. Where the
adopted comprehensive plan for the city, adopted
plans for the development or redevelopment of
particular areas of the city or adopted design
guidelines include policies which impose limitations
or requirements on the use or development of
property generally or for specific properties, which
are more restrictive than those set forth in these
zoning regulations, including district regulations and
use provisions, including policies which limit the type
or intensity of use of property, residential densities, or
the height, setbacks, bulk, or design of structures, or
site design, the more restrictive limitations or
requirements set forth in such adopted guidelines or
plans shall supersede the provisions of these zoning
regulations.
8. Application of zoning regulations and
other regulations. Where other use or development
regulations are more restrictive than those set forth in
these zoning regulations, or in the case of conflict
between specific provisions contained in these zoning
regulations, including regulations which limit the type
or intensity of use of property, residential densities,
the height, setbacks, bulk, or that regulate site design,
the more restrictive regulations shall apply.
(Ord. No. 02-013, § 2, 4-2-02)
Sec. 4. General provisions.
A. ONE PRINCIPAL BUILDING PER LOT.
Within single-family residential districts only one (1)
principal building and its accessory building shall
occupy or be constructed upon any lot or lots or
portions of lots that may be combined to meet the size
required for each district.
B. ACCESSORY BUILDINGS. Accessory
buildings in residential districts shall be constructed
to conform with the minimum building and site
2002 S-18
4 Boynton Beach Code
regulations that are generally applicable in the district
where the building is to be located, provided,
however:
1. All accessory buildings shall be located
only in the side or rear yard at least twelve (12) feet
from the principal building; and
2. Detached storage structures of any type
construction not exceeding one hundred (100) square
feet in floor area and seven (7) feet in height may be
erected to a point at least three (3) feet from the side
property line and/or at least three (3) feet from the rear
property line providing no easement rights are
abridged.
C. BUILDING FRONTAGE. Every principal
building shall be located on a lot or a publicly
dedicated, accepted and maintained street or private
street which conforms to accepted street standards of
this city.
D. THROUGH LOTS (DOUBLE
FRONTAGE). On through lots, the required from
yard shall be provided on each street.
E. VISUAL OBSTRUCTIONS. No fence,
sign, planting, hedge, shrubbery, wall or other visual
obstruction shall be created or maintained with a
height greater than two feet six inches above the street
level, within twenty-five (25) feet of the intersection
of the right-of-way lines of two (2) streets, in any
zone, except that open chain-link type fences may be a
maximum of four (4) feet and kept visually clear.
F. HEIGHT LIMITATIONS AND
EXCEPTIONS
1. No portion of any structure intended to
be utilized for residential, commercial or industrial
purposes within the municipal limits of the City of
Boynton Beach, Florida, shall exceed the height of
forty-five (45) feet above the minimum finished floor
as required by the building code, except as noted
below.
2. Water, cooling and fire towers, radio
and television towers of commercial nature, church
spires, places of assembly, domes, cupolas, flagpoles,
electrical and mechanical support systems,
parapets, and similar structures, and their necessary
mechanical appurtenances may be erected within a
structure or on top of the structure, above the district
height limitations provided herein, after obtaining
approval of the City Commission based on their
consideration of the standards for evaluating
exceptions to district height regulations set forth in
paragraph 3 below.
3. In considering an application for
exception to the district height regulation, the City
Commission shall make findings indicating the
proposed exception has been studied and considered
in relation to the following standards, where
applicable:
a. Whether the height exception will
have an adverse effect on the existing and proposed
land uses.
necessary.
b. Whether the height exception is
c. Whether the height exception will
severely reduce light and air in adjacent areas.
d. Whether the height exception will
be a deterrent to the improvement or development of
adjacent property in accord with existing regulations.
e. Whether the height exception will
adversely affect property values in adjacent areas.
f. Whether the height exception will
adversely influence living conditions in the
neighborhood.
g. Whether the height exception will
constitute a grant of a special privilege to an
individual owner as contrasted with the public
welfare.
h. Whether sufficient evidence has
been presented to justify the need for a height
exception.
i. The City Commission may, in
connection with processing of application for
exception hereunder, refer same to the planning and
development board for recommendation.
2002 S-18
Zoning 5
4. In residential zones, freestanding
television and citizens' band broadcasting antennae
may not exceed twenty-five (25) feet in height, and
no freestanding antenna may be constructed within
the building setback lines. Roof-mounted or wall-
supported antennae may exceed the maximum district
height regulation by ten (10) feet; but in no instance,
may an antennae exceed the roof line height by more
than fifteen (15) feet.
a. With respect to private
community antenna systems as defined in this code,
the aforesaid twenty-five (25) feet height regulation
shall not apply. In the instance of private community
antenna systems, a receiving antenna may not exceed
forty-five (45) feet in height unless an exception is
granted by the City Commission, and no part of any
receiving antenna may encroach in any setback.
5. In residential zones, freestanding
transmitting antennae are subject to the following
limitations:
a. No freestanding base tower and
antenna shall exceed forty-five (45) feet in height.
b. No freestanding base tower with
or without an antenna shall be constructed within the
building setback lines.
c. No freestanding base tower shall
be constructed without having first secured a permit
from the city development director.
Roof-mounted transmitting antennae
shall not exceed the roof line height by more than
twenty (20) feet.
6. An application fee shall be payable to
the city as adopted by resolution of the City
Commission.
7. Notwithstanding any other provision
of the Land Development Regulations, including the
provisions of this section, telecommunication towers
shall only be permitted as a conditional use in the PU
Public Usage District and REC Recreation District.
G. CUL-DE-SAC. The allowed frontage of a
lot when shaped by a cul-de-sac or the frontage of
any other irregular shaped lot, shall be measured at
the setback or building line, and shall be not less than
seventy-five percent (75%) of the required lot
frontage in the applicable zoning district.
H. TEMPORARY BUILDINGS. Temporary
buildings such as models, offices and tool sheds used
in conjunction with construction work only, may be
permitted in any district after approval of the building
inspection department and the removal of which is
accomplished within thirty (30) days after
construction ceases or is completed.
I. PUBLIC BUILDINGS. All buildings and
properties city owned and operated and engaged in
the performance of a public function may be
permitted in any district as defined herein.
J. OTHER STRUCTURES. To further clarify
the definition of structure as applied to all districts
and boundaries, the following shall apply except that
comer lots shall be regulated by other parts of this
ordinance. The following structures shall be
permitted in front, rear or side setbacks as provided in
this ordinance, in any zone, except where so noted;
taking into consideration existing easements:
1. Fences, hedges and walls shall not
exceed six (6) feet in height, above finished grade, in
residential zones, except that from the building line to
the front line the maximum height shall be four (4)
feet. In Multi-family zones, the maximum height
within the front yard setback shall be six (6) feet
(chain link fences shall be used only in combination
with hedge that shall be maintained at height of
fence). Hedges situated adjacent to golf courses, golf
driving ranges, interstate highways or parcels
supporting railroad tracks shall not exceed ten (10)
feet in height, above finished grade. When walls or
fences are constructed as a part of a subdivision or
site plan approval adjacent to a public right-of-way,
consistent with this section, a setback of a minimum
of eighteen (18) inches must be maintained for
landscaping purposes.
2000 S-14
6 Boynton Beach Code
2. Fences, hedges and walls in other
zones shall not exceed six (6) feet in height, above
finished grade except in PID and M-1 zones, chain
link fences shall be allowed to eight feet height and
may be top-ped by not more than three strands of
barbed wire. Hedges situated adjacent to golf
courses, golf driving ranges, interstate highways or
parcels supporting railroad tracks shall not exceed ten
(10) feet in height, above finished grade.
3. Eaves, cornices, gutters, facia boards,
copings, soffits, downspouts, belt courses, window
sills, window and/or door trim, applied finish
materials, roof and/or equipment vents, sillcocks, fire
hose connections, meters, sand boxes, light fixtures,
hardware, shutters, bay windows, dripcaps, telephone
and cable boxes, electrical risers and outlets, window
boxes, thermometers, handrails, condensate drains,
shower heads and ornamental architectural features
shall not overhang or exceed the setback lines for
more than three (3) feet.
4. Rock gardens.
5. Fish or lily ponds, eighteen-inch
maximum depth.
6. Private pump housing, and pool/spa
equipment, not to exceed three (3) feet in height and
not installed in front yards.
7. Arbors and trellises, provided that
there shall be maintained a minimum three (3) foot
setback from property line. In addition, there shall be
a maximum height often (10) feet. A greater height
will be allowed if the trellis is an extension of an
eave/facia.
8. Permanent or retractable awnings,
canopies, storm shutters, marquees or covered
walkways projecting from a building wall over a
required yard setback not more than two and one-half
(21/2) feet, and having no supports other than provided
by the wall or its integral part.
9. Chimneys projecting not more than
three (3) feet into the required yard setback.
10. Fire escapes or unenclosed staircases,
the riser of which shall be at least fifty (50) percent
open, provided that the vertical projection downward
onto a required yard setback shall not project more
than five (5) feet into, and shall not exceed ten (10)
percent of, the area of the required yard setback.
11. Flagpoles having only one structural
ground member. Flags projecting off of a structure
shall not extend beyond the setback line for more than
three feet and in no case shall extend beyond the
property line.
12. Fountains; provided that nonportable
fountains shall not exceed nine (9) feet in height, shall
be setback three (3) feet from side and rear property
lines and shall occupy no more than 100 square feet.
13. Heating, ventilation and air
conditioning units (including compressors and
condensers) for single-family or duplex dwellings,
provided the exhaust air from such units is directed
vertically or away from the adjacent property line.
Heating, ventilation and air conditioning units and
intake and exhaust fans for nonresidential uses shall
be set back a minimum of five (5) feet from property
line.
14. Mailboxes and newspaper boxes.
15. Open terraces, including walkways,
unenclosed decks and slabs, natural plant landscaping
and docks, with or without canopy. Docks projecting
into waterway owned by a different property owner
than the owner of the dock shall require prior
approval at time of permitting from the owner of the
waterway. In addition, the dock shall not extend
further into the waterway than 1/3 of the width of the
waterway.
16. Open, uncovered stoops, steps and
platforms for the principal building, but not to exceed
three (3) feet in height.
17. Recreational equipment (of the type
not requiring a permit) in the rear yard setback in
residential districts.
2000 S-14
Zoning 6A
18. Sculpture or other similar objects of
art, provided they meet the same requirements above
for fountains.
19. Signs, subject to the provisions of the
sign code.
20. Trees, shrubbery or other objects of
natural growth.
21. Wells.
22. Utility, cable and telephone
transmission lines and associated structures, such as
poles.
23. Basketball goals, provided there is a
minimum three (3) foot setback from the rear and
side interior property lines and a minimum fifteen
(15) foot setback from front and side street property
lines.
24. Light poles having only one (1)
structural ground member and portable landscape
lighting.
25. Barbecue pits not to exceed six (6) feet
by six (6) feet and provided they are set back three
(3) feet from side and rear property lines.
26. Raised planters, provided they are set
back three (3) feet from side and rear property lines
and shall have a maximum height of six (6) feet.
All other structures similar to the above
shall require applications to the development director.
(Ord. No. 96-01, § 1, 1-16-96; Ord. No. 96-29, § 1, 5-
7-96; Ord. No. 96-32, § 1, 8-8-96; Ord. No. 00-39, §
1, 8-1-00)
K. REQUIRED SQUARE FOOTAGE.
Residential square footage shall be computed as
follows:
Screen rooms ...................................................... 10%
Attached carports, roofed over open
...................................................................... porches
Attached garages, roofed over screened
............................................ porches and utility rooms
All other area under roof. ................................... 100%
Accessory building shall not be counted as required
living area.
L. BUFFER WALLS. For new construction
or major modification to existing developments,
where a commercial and/or industrial district abuts a
residential district, a solid, stucco masonry wall
painted on both sides at least six (6) feet in height
shall be located within the required side and/or rear
yards except with respect to comer lots, said buffer
walls shall be required only on interior lot lines. Said
buffer walls shall not abridge any easement rights or
be constructed over any existing utilities in any
easement area and shall be setback two (2) feet from
adjoining property lines. With respect to the C-1
(Office and Commercial Professional District), the
solid masonry wall may be replaced with a dense
vegetative buffer of at least two (2) feet in height at
the time of planting. Said vegetative buffer to be
maintained by the project developer.
Construction of said decorative masonry
wall or planting of said vegetative buffer shall be
completed prior to issuance of the certificate of
occupancy for the building or buildings sought to be
built in connection therewith.
M. SATELLITE DISH ANTENNAE. For the
purpose of clarifying regulations, satellite dish
antennae are hereby classified into two groups.
Group A antennae are those that will fit within a one
meter cube. Group B antennae are those that will not
fit within a one meter cube. All antennae in both
groups are allowed in all zoning districts, subject to
the following criteria:
a. General provisions:
(1) No satellite dish antenna
shall be installed or modified without first obtaining a
permit from the development department.
25%
2000 S-14
6B Boynton Beach Code
(2) All applications for the
installation of Group B satellite dish antennae shall
be accompanied by proper certification that the
installation will withstand a Category 2 hurricane and
is adequately grounded for protection from a direct
lightning strike.
(3) Satellite dish antennae shall
not be located forward of the from of any building, in
any required side yard, or within eight (8) feet of the
rear property line.
(4) All Group B satellite dish
antennae shall be screened on three (3) sides with
landscape materials or walls with landscaping which
are of a height equivalent to the total height of the
mounted satellite dish.
(5) For all Group B antennas lot
size must comply with zoning regulations.
(6) Portable Group B satellite
dish antennae are not allowed.
(7) No exterior satellite dish
antenna may be used for display or advertising
purposes, and none shall have writing thereon which
is visible from a public right-of-way or residential
district.
(8) Satellite dish antennae shall
conform with provisions of Chapter 20, Buildings,
Housing and Construction Regulations, of the
Boynton Beach Land Development Regulations, the
Standard Building Code and the amendments thereto
as adopted by the city provided such provisions do
not conflict with any standards set forth in this
section, in which case this section shall control.
b. Special provision:
(1) Satellite dish antennae
installed to serve single-family or duplex homes must
also comply with the following requirements:
(a) Only one (1) non-
commercial satellite dish antenna will be permitted
for each residential dwelling unit.
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Zoning 7
(b) Gropu B satellite dish
antennae shall be freestanding, ground mounted, and
self supporting without structural connections to any
other structure or building.
(c) No part of any satellite
dish antenna installation may extend beyond the
height of the horizontal eave line of the uppermost
floor of any single-family or duplex home.
(2) Satellite dish antennae
installed to serve any use other than single-family or
duplex homes must also comply with the following
requirements:
(a) Chapter 4 of the Land
Development Regulations.
(b) Only one (1) Group B
satellite dish antenna may be located in a multifamily
complex and it may not be located on a roof.
Nothing in this provision shall be construed to alter
or impair any rights, authority, or restrictions
imposed by deed or under the rightful authority of
any homeowners' association.
(c) A Group B satellite dish
antenna installed in commercial and industrial zoning
districts may not be located on a roof so that the dish
is visible from a public right-of-way or residential
district, except as stipulated in 1.a.(4) hereinbefore.
(d) Group B satellite dish
antennae which are mounted on a tower and used for
communication in connection with the operation of a
business shall provide reasonable screening and shall
be subject to conditional use approval.
(3) Satellite dish antennae
properly permitted prior to April 4, 1995 may remain
in place notwithstanding provisions stipulated herein
but they may not be replaced, reconstructed or
modified without bringing the entire installation into
full compliance with this section.
N. PERFORMANCE STANDARDS. All
uses located within the city shall conform to the
performance standards set forth below, and shall be
constructed, maintained and operated so as not to be
a nuisance or hazard to persons, animals, vegetation
or property located on adjacent or nearby properties
or rights-of-way; or to interfere with the reasonable
use or enjoyment of adjacent or nearby property by
reason of noise, vibration, smoke, dust or other
particulate matter; toxic or noxious matter; odors,
glare, heat or humidity; radiation, electromagnetic
interference, fire or explosion hazard, liquid waste
discharge, or solid waste accumulation. Furthermore,
no use shall be carried out so as to create any
nuisance or hazard which is violation of any
applicable federal, state, county, or city law or permit,
and all such laws and permits are hereby adopted as
performance standards in these zoning regulations.
1. Noise. No use shall be carried out in
any zoning district so as to create sound which is in
violation of Section 15-8 of the City of Boynton
Beach Code of Ordinances.
2. Vibrations. No use shall be carried out
in any zoning district so as to create inherently and
recurrently generated ground vibrations which are
perceptible without instruments at any point at or
beyond the property lines of the property on which
the use is located.
3. Smoke, dust, dirt, or other particulate
matter. No use shall be carried out within any zoning
district so as to allow the emission of smoke, dust,
dirt or other particular matter which may cause
damage to property or vegetation, discomfort or harm
to persons or animals, or prevent the reasonable use
and enjoyment of property and rights-of-way, at or
beyond the property lines of the property on which
the use is located. Furthermore, no use shall be
carried out so as to allow the emission of any
substances in violation of any federal, state, county or
city laws or permits governing the emission of such
substances.
4. Odors and fumes. No use shall be
carried out in any industrial district so as to allow the
emission of objectionable or offensive odors or fumes
in such concentration as to be readily perceptible at
any point at or beyond the boundary of industrial
districts. For all nonindustrial districts, the standards
contained in this paragraph shall apply where the
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district abuts any residential district.
5. Toxic or noxious matter. No use shall
be carried out in any zoning district so as to allow the
discharge of any toxic or noxious matter in such
concentrations as to cause damage to property or
vegetation, discomfort or harm to persons or animals,
or prevent the reasonable use and enjoyment of
property or rights-of-way, at or beyond the property
line of the property on which the use is located; or to
contaminate any public waters or any groundwater.
6. Fire and explosion hazards. No use
shall be carried out in any zoning district so as to
create a fire or explosion hazard to adjacent or nearby
property or rights-of-way, or any persons or property
thereon. Furthermore, the storage, use or production
of flammable or explosive materials shall be in
conformance with the provisions of Chapter 9 of the
City of Boynton Beach Code of Ordinances.
7. Heat, humidity, or glare. No use shall
be carried out in any zoning district so as to produce
heat, humidity or glare which is readily perceptible at
any point at or beyond the property line of the
property on which the use is located. Artificial
lighting which is used to illuminate any property or
use shall be directed away from any residential use
which is a conforming use according to these zoning
regulations, so as not to create a nuisance to such
residential uses.
8. Liquid waste. No use shall be carried
out in any zoning district so as to dispose of liquid
waste of any type, quantity or manner which is not in
conformance with the provisions of Chapter 26 of the
City of Boynton Beach Code of Ordinances, or any
applicable federal, state or county laws or permits.
9. Solid waste. No use shall be carried
out in any zoning district so as to allow the
accumulation or disposal of solid waste which is not
in conformance with Chapter 10 of the City of
Boynton Beach Code of Ordinance, or which would
cause solid waste to be transferred in any manner to
adjacent or nearby property or rights-of-way.
10. Electromagnetic interference. No use
shall be carried out in any zoning district so as to
create electromagnetic radiation which causes
abnormal degradation of performance of any
electromagnetic receptor of quality and proper design
as defined by the principles and standards adopted by
the Institute of Electrical and Electronics Engineers,
or the Electronic Industries Association.
Furthermore, no use shall be carried out in any zoning
district so as to cause electromagnetic radiation which
does not comply with the Federal Communications
Commission regulations, or which causes
objectionable electromagnetic interference with
normal radio or television reception in any zoning
district.
waste.
11. Hazardous materials and hazardous
a. Prior to the issuance of an
occupational license in the city, the operator of any
use that uses, handles, stores or displays hazardous
materials or that generates hazardous waste, as
defined in 40 Code of Federal Regulations, Part 261,
and requires a permit for same from a state or federal
agency, or requires periodic reporting to a state or
federal agency, shall be required to obtain a permit in
accordance with Section 11.3, Environmental Review
Permits.
b. The operator of any such use shall
be required to design and construct, prior to
occupancy, an appropriate separate spill containment
system to hold spilled hazardous materials for
cleanup, independent from the storm water drainage
system, along with an appropriate early warning
monitoring program. The containment system and
monitoring program shall be a type which is generally
acceptable to the Florida Department of
Environmental Regulation and the South Florida
Water Management District, and shall serve all
structures or areas where hazardous materials are
used, handled, stored or displayed, or where
hazardous wastes are generated.
c. Depressed truck wells which are
utilized by users of hazardous materials and
generators of hazardous waste shall provide a
drainage system which shall be designed and
maintained to include oil and grease receptors, and
open bottom sedimentation pumps as pollutant
retardant structures. Such systems shall be designed
so as to prevent pollutants from entering surface
Zoning 9
waters and groundwater. Parking areas and driveways
adjacent to truck wells shall be designed to divert
runoff to storage and exfiltrations systems on-site,
prior to discharge into surface waters or storm sewers.
d. Users of hazardous materials and
generators of hazardous waste shall develop hazardous
materials response plans prior to the operation of such
uses, which shall require the approval of the
environmental review committee. This plan shall
identify appropriate measures for contamination
response including, but not limited to:
(1) Provision of equipment and
trained personnel on-site or a contract with a
contamination response firm meeting Florida
Department of Environmental Regulation standards,
where appropriate;
(2) Specification of follow-up
water quality monitoring programs to be implemented
in the event of contamination;
(3) Specification of design and
operational measures to contain and direct
contaminated surface runoff away from lakes, ponds,
canals, drainage structures and/or other connections to
the surficial aquifer;
(4) Specifications for the
development and implementation of an early warning
monitoring program;
(5) Proof of financial
responsibility which will assure that cleanup costs can
be provided;
(6) A copy of the permit issued
by or application for permit to the governmental
agency or agencies responsible for permitting the
handling, storage, display, or generation of the
particular hazardous materials or hazardous wastes.
Where only periodic reports are required to be
supplied to such agencies, copies of these reports shall
be provided to the environmental review committee;
(7) Where the information
required under (1) through (6) above is required as
part of the information required for permitting by or
reporting to part of the information required for
permitting by or reporting to governmental agencies
responsible for
2002 S-18
regulating hazardous materials or hazardous wastes,
this information shall be considered sufficient for the
purpose of this section.
O. ELECTRIC SUBSTATIONS,
SWITCHING STATIONS AND UTILITY
FACILITIES. Electric substations, switching stations
and utility facilities are allowable in all land use
categories and zoning districts subject to full site plan
review as described in Chapter 4 and subject to
screening on all sides with walls or acceptable
landscaping as described in Chapter 9, Section 10,
paragraph C4. (Ord. No. 96-51, § 1, 1-21-97; Ord.
No. 96-66, § 1, 1-7-97; Ord. No. 99-24, § 2, 9-7-99;
Ord. No. 01-52, § 3, 10-4-01; Ord. No. 02-011, § 2,
3-19-02)
Sec. 5. Residential district regulations and use
provisions.
A. R-l-AAA SINGLE-FAMILY
RESIDENTIAL DISTRICT. These district
regulations will create the lowest population density
of not more than 3.48 dwelling units per acre.
1. Uses permitted. Within any R-l-AAA
single-family residential district, no building,
structure, land or water shall be used except for one
of the following uses:
a. Single-family dwellings including
the garages and other customary accessory buildings.
Carports are not allowed. Disaster shelters are
permitted. The shelters are to be used only for the
designated purpose in times of danger.
b. Churches and other places of
worship with their attendant accessory uses, including
daycare and pre-school facilities*, providing for a
minimum site of one acre with a minimum of one
hundred fifty (150) foot frontage. Nursery schools,
primary and secondary schools and colleges and
universities are not to be construed to be an accessory
use to a place of worship by these regulations.
facilities.
c. City-owned and -operated
d. Private golf courses and
associated clubhouse facilities including private bath,
10 Boynton Beach Code
swim, tennis or country clubs and community or city
owned and operated recreation clubs and associations,
specifically excluding driving ranges or tees,
miniature courses and similar uses operated as
separate ventures from the primary use or uses.
e. Primary and secondary schools,
seminaries, colleges and universities.*
f. Home occupations conforming
with Section 11 .D hereinafter.
g. Community residential homes with
six or fewer residents as defined in Florida Statutes
Chapter 419.
h. Nursery schools, day care centers
and other preschool facilities.
lA. Conditional uses allowed. Those uses
specified above which are followed by an asterisk (*)
shall be deemed to be conditional uses, which may be
considered and granted in accordance with the
procedures set forth in Section 11.2 hereinafter.
2. Building and site regulations:
a. The following lot and building
setback requirements shall be observed:
Minimum lot area 12,500 square feet
Minimum lot frontage 100 feet
Minimum front yard 30 feet
Minimum rear yard 35 feet
Minimum side yards 30 feet each side
Minimum living area 2,200 square feet
Maximum lot coverage 35 percent
Maximum structure height 30 feet
b. On comer lots adjacent to the
street, the side yard setback shall be not less than one-
half (1/2) the front yard requirement, except where the
comer lot faces a different street than the remaining
lots in the block, then the front setback shall be
maintained on both streets.
c. Community residential homes
shall not be located within a radius of 1,000 feet of
another existing similar facility.
3. Off-street parking. As provided in
Section 11-H hereinafter. (Ord. No. 96-51, § 2, 1-21-
97)
B. R-1-AAB SINGLE-FAMILY
RESIDENTIAL DISTRICT. These district
regulations will create a maximum density of 4.84
dwelling units per acre.
1. Uses permitted. Within an R-1-AAB
single-family residential district, no building,
structure, land or water shall be used except for one
of the following uses:
a. Any use permitted in the R-l-
AAA district.
2. Building and site regulations:
a. The following lot and building
setback requirements shall be observed:
Minimum lot area
Minimum lot frontage
Minimum front yard
Minimum rear yard
Minimum side yards
Minimum living area
Maximum lot coverage
Maximum structure height
9,000 square feet
9O feet
25 feet
25 feet
10 feet each side
1,800 square feet
35 percent
30 feet
b. On comer lots, the side yard
setback adjacent to the street shall be not less than
one-half (1/2) the front yard setback except where the
comer lot faces a different street than the remaining
lots in the block, the front setback shall then be
maintained on both streets.
3. Off-street parking. As provided in
Section 11-H hereinafter.
C. R-l-AA SINGLE-FAMILY
RESIDENTIAL DISTRICT. These district
regulations will create a maximum density of 5.4
dwelling units per acre.
1. Use permitted. Within any R-l-AA
single-family residential district, no building,
structure, land or water shall be used except for one
of the following uses:
1999 S-11
Zoning 11
a. Any use permitted in the R-l-
AAA or R-1-AAB districts.
2. Building and site regulations:
a. The following lot and building
requirements shall be observed:
Minimum lot area 8,000 square feet*
Minimum lot frontage 75 feet
Minimum front yard 25 feet
Minimum rear yard 25 feet
Minimum side yard 10 feet each side*
Minimum living area 1,500 square feet
Maximum lot coverage 35 percent
Maximum structure height 30 feet
*In areas developed and/or platted prior to June
13, 1975, the minimum lot area shall be seven
thousand five hundred (7,500) square feet and the
minimum side yard shall be seven and one-half (7
1/2) feet.
b. On comer lots, the side setback
adjacent to the street shall be not less than one-half
(1/2) the front yard setback except where the corner
lot faces a different street than the remaining lots in
the block, the front setback shall then be maintained
on both streets.
3. Off street parking. As provided in
Section 11-H hereinafter.
D. R-1-A SINGLE-FAMILY RESIDENTIAL
DISTRICT. These district regulations will create a
maximum density of 5.8 dwelling units per acre.
1. Uses permitted. Within any R-1-A
single-family residential district, no building,
structure, land or water shall be used except for one
of the following uses:
a. Any use permitted in the R-l-
AAA, R- 1-AAB, R- 1-AA districts.
2. Building and site regulations:
a. The following lot and building
requirements shall be observed.
Minimum lot area 7,500 square feet
Minimum lot frontage 60 feet
Minimum front yard 25 feet
Minimum rear yard 25 feet
Minimum side yard 7 1/2 feet each side
Minimum living area 1,250 square feet
Maximum lot coverage 40 percent
Maximum structure height 30 feet
b. On comer lots the side yard
setback adjacent to the street shall be not less than
one-half (1/2) the front yard setback except where the
comer lot faces a different street than the remaining
lots in the block, the front setback shall then be
maintained on both streets.
3. Off-street parking. As provided in
Section 11-H hereinafter.
E. R-1 SINGLE-FAMILY RESIDENTIAL
DISTRICT. These district regulations will create a
maximum of 7.26 dwelling units per acre.
1. Uses permitted. Within any R-1
single-family residential district, no building,
structure, land or water shall be used except for one
of the following uses:
a. Any use permitted in the R-l-
AAA, R- 1-AAB, R- 1-AA or R- 1-A district.
2. Building and site regulations.
a. The following lot and building
requirements shall be observed.
Minimum lot area 6,000 square feet
Minimum lot frontage 60 feet
Minimum front yard 25 feet
Minimum rear yard 25 feet
Minimum side yards 7 1/2 feet
Minimum living area 1,000 square feet
Maximum lot coverage 40 percent
Maximum structure height 30 feet
1999 S-11
12 Boynton Beach Code
b. On comer lots, the side yard
setback adjacent to the street shall be not less than
one-half (1/2) the front yard setback. Where the
comer lot faces a different street than the remaining
lots in the block, then the front setback shall be
maintained on both streets.
3. Off-street parking. As provided in
Section 11-H hereinafter.
F. R-2 SINGLE- and TWO-FAMILY
DWELLING DISTRICT. These district regulations
will create a maximum density of 9.68 dwelling units
per acre. It is the intent to accommodate a
compatible development of higher density buildings
with commonly called duplexes together with single-
family dwellings but at no lower standards of quality.
1. Uses permitted. Within any R-2
single-or two-family dwelling district, no building,
structure, land or water shall be used except for one
of the following uses:
a. Any use permitted in the R-l-
AAA, R- 1-AAB, R- 1-AA, R- 1-A and R- 1 districts.
b. Two-family dwellings.
c. Nursery schools, day care centers
and other preschool facilities* (see Section 1 I-C)
lA. Conditional uses allowed. Those uses
specified in subsection 5.F. 1. above which are
followed by an asterisk (*) shall be deemed to be
conditional uses, which may be considered and
granted in accordance with procedures set forth in
Section 11.2 hereinafter.
2. Building and site regulations:
a. The following lot and building
requirements shall be observed:
Minimum lot area
Minimum lot frontage
Minimum front yard
4,500 square feet
per dwelling unit*
75 feet*
25 feet
Minimum rear yard
Minimum side yards
Minimum living area
Maximum lot coverage
Maximum structure height
25 feet
10 feet each side
750 square feet per
unit*
40 percent
25 feet, not to
exceed 2 stories**
*For single family, use R-1 requirement.
**The maximum height for single family structures is
30 feet
b. On comer lots, the side yard
setback adjacent to the street shall be not less than the
remaining lots in the block, then the front setback
shall be maintained on both streets.
3. Off-street parking. As provided in
Section 11-H hereinafter.
G. R-3 MULTIPLE-FAMILY DWELLING
DISTRICT. These district regulations will create a
maximum density of 10.8 dwelling units per acre. It
is the intent of this district to provide a higher
residential density which encourages vertical
structures and flexibility in multiple-family living and
that a certain amount of multiple-family dwelling is
necessary and desirable and can complement certain
areas if located appropriately and if properly
designed. Therefore, factors to be considered are:
The location and nature of the area.
An area of substantial size to provide a
buffering or graduation of uses to be considerate or to
complement adjacent uses or districts.
The proximity to large concentrations of
activities such as business, employment, and other
facilities and services. Sufficient and definitive
traffic arteries to adequately service the area.
Designs that provide light, are passage,
water drainage, ingress and egress, parking and traffic
circulation, open space and on-site recreation,
maintenance areas and community meeting
provisions for the inhabitants.
1999 S-11
Zoning 13
1. Uses permitted. Within any R-3
multiple-family dwelling district, no building,
structure, land or water shall be used except for one
of the following uses:
a. Any use permitted in the R-l-
AAA, R-1-AAB, R-1-AA, R-l-A, R-1 or R-2
districts.
b. Multiple-family residential
structures, including apartments, cooperatives,
condominiums, town houses, and their attendant
recreational facilities and having no commercial
business connected therewith but can be equipped to
serve meals to their occupants.
c. Private clubs, lodges and fraternal
organizations. *
d. Golf courses, swimming and
tennis clubs, and similar recreational facilities.*
e. Rooming and boarding houses.*
f. Community residential homes
with up to 14 residents as defined in Florida Statutes
Chapter 419.*
lA. Conditional uses allowed. Those uses
specified above which were followed by an asterisk
(*) shall be deemed to be conditional uses, which
may be considered and granted in accordance with
the procedures set forth in Section 11.2 hereinafter.
2. Building and site regulations:
a. For multiple-family dwellings,
rooming and boarding houses; and community
residential homes:
Minimum lot area
Minimum lot frontage
Minimum front yard
Minimum rear yard
Minimum side yards
Minimum living area
4,000 square feet
100 feet
4O feet
4O feet
20 feet each side
750 square feet per
unit
Maximum lot coverage 40 percent
Maximum structure height 45 feet, not to
exceed 4 stories
Minimum spacing between 1,200 feet (radius)
community residential homes
b. Single-family dwellings shall
conform with R-1 requirements (see Section 5,
paragraph E-2). Duplex dwellings shall conform to
R-2 requirements (see Section 5, paragraph F-2).
c. All other permitted uses:
Minimum lot area 20,000 square feet
Minimum lot frontage 100 feet
Minimum front yard 40 feet
Minimum rear yard 40 feet
Minimum side yards 20 feet each side
Minimum living area As governed by
applicable
regulatory
agency
Maximum lot coverage 40 percent
Maximum structure height 4 stories, not to
exceed 45 feet in
height
3. Off-street parking. As provided in
Section 11-H hereinafter.
H. AG AGRICULTURAL DISTRICT. These
district regulations are intended to apply to those
areas of Boynton Beach, the present use of which is
primarily agricultural or the future use of which is
uncertain.
1. Uses permitted. Within any AG,
Agriculture District, no building, structure, land or
water shall be used except for one or more of the
following uses:
a. Agricultural uses which include,
by way of illustration but not by way of limitation,
the following: nurseries, greenhouses, orchards,
raising of field crops, tree crops, vegetables or
flowers on a commercial scale;
b. Wholesale and retail facilities
when clearly incidental to a permitted agricultural
use;
1999 S-11
14 Boynton Beach Code
c. Buildings such as attendant
residency, equipment shelters and the like whose use
is clearly incidental to an approved agricultural use;
d. Preservation or conservation uses
intended to maintain the general openness or
vegetation of the land for environmental, educational,
archaeological or open space reasons;
e. Single-family homes on 2.5 acre
lots including private stable facilities provided that
animals are kept for recreational uses only and not
kept for sale or resale.
lA. Uses requiring environmental review
permit. Any use listed under 5.H. 1. above which uses,
handles, stores, or displays hazardous materials, or
which generates hazardous waste, as defined by 40
Code of Federal Regulations, Part 261, shall require an
environmental review permit in accordance with
Section 11.3.
2. Building and site regulations. No
building or portion thereof shall be erected,
constructed, converted, established, altered, enlarged
or used unless the premises and building comply with
the following regulations:
Minimum lot frontage
Minimum lot area
Minimum front yard
Minimum side yard
Minimum rear yard
Maximum structure height
200 feet
One (1) acre
50 feet
50 feet, each side
50 feet
45 feet, not to
exceed four (4)
stories
3. Off-street parking. As provided in
Section 11-H hereinafter.
I. REC RECREATION DISTRICT. These
district regulations are intended to apply to those
existing and proposed recreational areas not located in
planned unit developments. Included in these areas
are both public and private recreational tracts and the
waters of Lake Worth and the Intracoastal Waterway.
It is the specific intent of these regulations to
preserve recreational areas for current
use and for the future, consistent with the
comprehensive plan and with the subdivision
regulations.
1. Uses permitted. Within any REC,
Recreation District, no building, structure, land or
water shall be used except for one or more of the
following uses:
a. All public, private and semi-
private recreation areas, including parks, playgrounds,
clubs and golf courses;
b. All non-profit entertainment or
athletic facilities, including beaches, marinas,
campgrounds, stadia and playing fields, swimming
pools and community centers;
c. All water-based activities
incidental to the use of the Intracoastal Waterway and
the waters and shores of Lake Worth;
d. Preservation or conservation uses
intended to maintain the general openness or
vegetation of the land for environmental, educational,
archaeological or open-space reasons.
lA. Conditional uses allowed. All profit or
non-profit uses or enterprises considered ancillary to
any of the above permitted uses.
lB. Uses requiring environmental review
permit. Any use listed under 5.I. 1. which uses,
handles, stores or displays hazardous materials, or
which generates hazardous waste, as defined by 40
Code of Federal Regulations, Part 261, shall require
an environmental review permit in accordance with
Section 11.3.
2. Building and site regulations. No
building or portion thereof shall be erected,
constructed, converted, established, altered, enlarged
or used unless the premises and building comply with
the following regulations:
Minimum lot frontage
Minimum lot area
Minimum front yard
100 feet
one (1) acre
25 feet
1999 S-11
Zoning 15
Minimum side yard
Minimum rear yard
Maximum structure height
25 feet, each side
25 feet
45 feet, not to
exceed four (4)
stories
3. Off-street parking. As provided in
Section 11-H hereinafter.
J. PU PUBLIC USAGE DISTRICT. These
district regulations are intended to apply to those areas
within the city whose ownership and/or operation is
public or whose use is largely publicly or
institutionally oriented, exclusive of those areas whose
use is primarily recreational.
1. Uses permitted. Within any PU, Public
Usage District, no building, structure, land or water
shall be used except for one or more of the following
USeS~
a. Public buildings and facilities
such as city hall, police and fire stations, libraries,
public schools, public utilities and cemeteries;
b. Private or semi-private institutions
(excluding churches and schools) such as hospitals,
utilities, and other non-profit facilities;
c. Other governmental agencies such
as those providing postal, administrative or regulatory
services;
d. Telecommunication towers.
IA. Uses requiring environmental review
permit. Any use listed under 5.J. 1. above which uses,
handles, stores or displays hazardous materials or
which generates hazardous waste, as defined by 40
Code of Federal Regulations, Part 261, shall require an
environmental review permit in accordance with
Section 11.3.
2. Building and site regulations. No
building or portion thereof shall be erected,
constructed converted, established, altered, enlarged or
used unless
the premises and building comply with the following
regulations:
Minimum lot frontage
Minimum lot area
Minimum front yard
Minimum side yard
Minimum rear yard
Maximum structural height
75 feet
8000 square feet
25 feet
15 feet, each side*
25 feet*
45 feet, not to
exceed four (4)
stories
*When abutting residential districts, side and/or rear
yard shall be thirty (30) feet.
3. Off-street parking: As provided in
Section 11-H hereinafter.
K. PUD PLANNED UNIT DEVELOPMENT
DISTRICTS. Chapter 2.5 of the Land Development
Regulations is hereby incorporated by reference into
these zoning regulations, and all planned unit
developments shall be considered zoning districts on
the official zoning map. Chapter 2.5, and all planned
unit developments approved in accordance with
Chapter 2.5, shall be subject to all applicable
provisions of these zoning regulations, except as
otherwise provided for in Chapter 2.5.
L. INFILL PLANNED UNIT DEVELOP-
MENT (IPUD). The Infill Planned Unit Development
(IPUD) District standards and regulations are created
for the purpose of allowing flexibility to
accommodate infill and redevelopment on parcels less
than five (5) acres in size. Parcels five or more acres
in size shall comply with normal Planned Unit
Development regulations found in Chapter 2.5 of the
Land Development Regulations.
1. Intention and expectation.
a. The IPUD regulations are
intended to be used in situations where new
development or redevelopment is proposed within an
already developed area or neighborhood located in
the Federal Highway Corridor Community
Redevelopment Plan,
2002 S-18
16 Boynton Beach Code
Study Areas I and V. A mixture of uses including
residential, retail commercial and office, may be
allowed to the extent that no land use conflicts will
result and the basic intent of the Zoning Code and the
Comprehensive Plan will be followed.
b. It is a basic public expectation that
landowners requesting the use of the IPUD district
will develop design standards that exceed the
standards of the basic development standards in terms
of site design, building architecture and construction
materials, amenities and landscape design. The extent
of variance or exception to basic design standards,
including but not limited to requirements for parking
spaces, parking lot and circulation design, and
setbacks, will be dependent on how well the above-
stated planning expectations are expressed in the
proposed development plan.
2. Application process.
a. The procedures and requirements
for applying for rezoning to the IPUD district are the
same as those for rezoning to the PUD district as
stated in Chapter 2.5, Section 10, of the Land
Development Regulations.
b. When the IPUD is to be developed
in a single phase, the site plan for the development
may also represent the master plan.
3. Development standards.
Minimum lot area .............................................. 1 acre
Maximum lot area ............................................ 5 acres
Maximum height ............. 45 feet (lesser height may be
required for compatibility
Maximum lot coverage (building) ......................... 50%
Maximum density ........... 10.8 du/ac for land classified
High Density Residential
(HDR) or Local Retail
Maximum density ............. 20 du/ac for lands classified
Special High Density
Residential
Minimum usable open
space per dwelling unit ........................ 100 square feet
4. Additional standards.
a. Screening and buffering.
(1) Appropriate screening and
buffering will be required.
(2) Such screening should be
intended to shield neighboring properties from any
adverse external effects of the proposed development.
(3) Screening and buffering
should also be used to shield the proposed
development from the negative impacts of adjacent
USES.
(4) Special emphasis should be
placed on screening the intrusion of automobile
headlights on neighboring properties from parking
areas and driveways.
b. Pedestrian circulation.
(1) Pedestrian circulation should
be carefully planned to prevent pedestrian use of
vehicular ways and parking spaces.
(2) In all cases, pedestrian access
shall be provided to public walkways.
c. Required open space.
(1) The usable open space, such
as recreation areas and passive common-ownership
areas, required for residential development projects
and mixed-use residential projects, shall be designed
to be available to evca3itlt~h~mrfil~l~~t)
(2) This required usable open
space shall be designed to maximize privacy and
usability to the Ceairinmmial (LRC)
(3) Private courtyards natural
areas and water bodies shall not count toward
required open space.
2002 S-18
Zoning 16A
d. Trash collection.
(1) Special emphasis shall be
placed on trash collection points.
(2) Trash containers or dumpsters
shall be screened and designed so as to be con-
veniently accessible to their users and collectors.
e. Mixed land use.
(1) Within the IPUD, mixed land
uses may be proposed.
(2) Commercial uses shall only
be allowed for developments fronting on streets
classified as "arterial" on the "Functional
Classification of Roadways" map in the Boynton
Beach Comprehensive Plan.
(3) However, such development
must be found compatible with adjacent uses and
established design characteristics.
(4) Compatibility will also be
judged on how well the a proposed development fits
within the context of the neighborhood and abutting
properties.
(5) Any commercial uses shall be
small-scale retail and services, primarily to serve the
residents of the IPUD, and not the public in general.
f. Vehicular circulation.
(1) Privately owned streets
providing secondary vehicular circulation internal to
the IPUD may be considered for approval with rights-
of-way and pavement widths less than the
requirements stated in the city's Land Development
Regulations.
(2) However, in no case shall
health, safety and/or welfare be jeopardized.
(3) Roadways providing external
connections to the city's street network shall meet all
requirements contained in the city's Land
Development Regulations.
g. Exterior lighting. Lighting of the
exterior and parking areas of the planned
development shall be of the lowest intensity and
energy use adequate for its purpose, and shall not
create conditions of glare that extend onto abutting
properties.
h. Natural features. The physical
attributes of the site shall be respected, with particular
concern for preservation of natural features, tree
growth and open space.
(Ord. No. 96-32, § 1, 8-8-96; Ord. No. 96-51, § 2, 1-
21-97; Ord. No. 98-36, § 1, 9-15-98; Ord. No. 99-23,
§ 1, 9-7-99; Ord. No. 99-24, § 1, 9-7-99; Ord. No. 02-
025, § 2, 6-18-02)
Sec. 6. Commercial district regulations and use
provisions.
A. C-1 OFFICE AND PROFESSIONAL
COMMERCIAL DISTRICT. These district
regulations will provide appropriate space for office
and professional uses, located to provide ready access
to such services for all.
1. Uses permitted. Within any C-1 office
and professional zoning district, no building,
structure, land or water, or any part thereof, shall be
erected, altered or used, in whole or in part, except for
one (1) or more of the following specified uses
(single-family occupancy when incidental and
necessary to main use is permitted). Those uses,
however, which are listed in lA. below shall require
conditional use approval, and those uses which are
indicated under lB. below shall require an
environmental review permit, prior to the
establishment of these uses:
2002 S-18
16B Boynton Beach Code
a. Churches and other places of
worship and attendant accessory uses. Day care
centers, primary and secondary schools, seminaries,
and colleges and universities shall not be construed to
be an accessory use to a place of worship, however.
b. Financial institutions, including
drive-through facilities.
c. Funeral homes.
d. Funeral home with Crematorium.*
e. Government facilities, including
public community centers, excluding uses which have
extensive storage or maintenance facilities, or storage
or maintenance as their principal use.
f. Hospitals.
clinics.
g. Medical and dental offices and
h. Nursing and convalescent homes.
i. Pharmacies, medical and surgical
supplies; orthopedic, invalid and convalescent
supplies; eyeglasses and hearing aids.
j. Professional and business offices.
k. Veterinary offices and clinics,
excluding outdoor kennels, or keeping of animals for
purposes other than treatment, and excluding on-site
disposal of animals.
1. Reserved.
m. Nursery schools, day care centers,
and other preschool facilities* (See Section 11.C.).
n. Instruction or tutoring, with a
gross floor area of less than two thousand (2,000)
square feet, limited to instruction for office
occupations, or academic tutoring, and specifically
excluding art, recreational, trade, or industrial
instruction.
o. Instruction or tutoring, with a
gross floor area of two thousand (2,000) square feet
or more, limited to instruction for office occupations,
or academic tutoring, and specifically excluding art,
recreational, trade or industrial instruction.*
p. Academic schools, regardless of
floor area, including primary and secondary schools,
seminaries, colleges, and universities.
q. Copying service. Print shops
shall be allowed subject to obtaining an
environmental review permit in accordance with
Section 11.3.
r. Restaurants,* subject to the
following conditions:
(1) No restaurant is to be
allowed in an office building or complex of less than
twenty-five thousand (25,000) square feet.
(2) No restaurant shall occupy
more than five (5) per cent of the total square footage
of the office building or structure.
(3) No signage for the restaurant
shall be placed on any freestanding sign for the office
building or complex.
(4) Hours of operation shall be
limited from 6:00 a.m. to 5:30 p.m.
(5) Seating shall be limited to
forty (40) seats or less.
s. Barber shops, beauty salons,
manicurists, tailors and dressmakers.*
t. Dental laboratories.*
u. Reserved.
v. Photography studio services
excluding retail sales of photography and picture
accessories and developing/finishing of customer
film.
2003 S-20
Zoning 16C
lA. Conditional uses allowed. These uses
specified above in subsection 6.A. 1. which are
followed by an asterisk (*) shall be deemed to be
conditional uses, which may be considered and
granted in accordance with the procedures set forth in
Section 11.2.
lB. Environmental review permit required.
Any use listed under 6.A. 1. or 6.A. IA. above which
uses, handles stores or displays hazardous materials,
or which generates hazardous waste, as defined by 40
Code of Federal Regulations, Part 261, shall require an
environmental review permit in accordance with
Section 11.3.
2. Uses prohibited.
a. Any outdoor display of
merchandise.
b. Self-service storage facilities
(mini-warehouses).
3. Building and site regulations. No
building or portion thereof shall be erected,
constructed, converted, established, altered, enlarged
or used unless the premises and buildings shall comply
with the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
(building)
Minimum front yard
Minimum rear yard
Minimum side yards
Maximum structure height
75 feet
120 feet
9,000 square feet
40 percent
30 feet
20 feet
10 feet*
30 feet, not to
exceed 2 stories**
*When abutting residential district, side and/or rear
yards shall be thirty (30) feet.
**Exceptions:
1. Maximum height for hospital shall
be forty-five (45) feet not to exceed four (4) stories.
2. Building designed for under
building parking shall be thirty-five (35) feet
maximum. *(Conditional use approval required.)
4. Off-street parking. As set forth in
Section 11 .H hereinafter.
B. C-2 NEIGHBORHOOD COMMERCIAL
DISTRICT. These district regulations will provide a
limited number of small commercial facilities of a
retail convenience nature, intended to service
individual residential neighborhoods. Generally, the
desired locations for these facilities are near and
about the geocenter or other planned nucleus of the
neighborhood, conforming to the general
development plan.
1. Uses permitted. Within any C-2
neighborhood commercial zoning district, no
building, structure, land or water, or any part thereof,
shall be erected altered, or used, in whole or in part,
except for one (1) or more of the following specified
uses. Those uses, however, which are indicated in
lA. below shall require conditional use approval, and
those uses which are listed under lB. below shall
2003 S-20
16D Boynton Beach Code
Zoning 17
require an environmental review permit, prior to the
establishment of these uses:
All stores and shops in the C-2 district
shall be limited to retail sales.
a. Any use permitted in C-1 district.
b. Any use which is a conditional
use in the C- 1 zoning district.*
The following uses, provided that the
gross floor area of such use does not exceed five
thousand (5,000) square feet:
c. Automobile parts and marine
hardware stores, excluding any installation on
premises, and excluding machine shop service.
d. Camera and audio-visual
equipment and supply stores.
e. Furniture stores and home
furnishings; antique stores, excluding auction houses,
shall be a permitted use if limited to selling only
objects of value such as quality antiques, art objects,
jewelry and the like, but not used merchandise
generally.
plants.
f. Flower shops and sale of house
g. Bicycle shops.
h. Luggage stores.
i. Music stores.
j. Art and ceramic stores.
k. Jewelry and cosmetic stores.
1. Locksmith shops.
m. Sporting goods, excluding sale of
ammunition or firearms; game, and toy stores; bait
and tackle shops.
n. Paint, wallpaper, tile, carpet,
draperies, blinds and shades, and interior decorator
shops.
furniture.
o. Office supplies, equipment, and
p. Art, craft, trophy, hobby, and
costume shops, and sewing supplies; art galleries and
artists' studios.
q. Book stores, religious goods, card
shops, tobacco shops, and news stores.
r. Pet shops, excluding kennels or
boarding of animals or keeping animals in outdoor
kennels.
s. Repair or service shops, excluding
rebuilding or refinishing for retail goods that are
typically sold in the stores which are permitted uses
in the C-2 district. All outdoor display or storage in
conjunction with such uses shall be prohibited,
however.
t. Televisions; radio, video, and
stereo equipment and supplies.
for same.
u. Household appliances and parts
v. Curio, souvenir, and gift shops,
excluding sale of used merchandise.
w. Beer and wine sales, limited to
consumption off premises.
x. The following personal and
household services: Barber shops, beauty salons,
manicurists, tanning salons, pet grooming, off-
premises carpet and upholstery cleaning, maid
service, tailors and dressmakers.
y. Laundromats and retail laundering
services, provided that the floor area for such uses is
entirely enclosed.
z. Retail photographic studios and
photofinishing service.
aa. Fabrication and installation of
18 Boynton Beach Code
furniture slipcovers.
bb. Taxicab offices and parking,
excluding service or repairs on the premises.
cc. Automotive service stations,
without maj or repairs (see definitions: "maj or
repairs"), and including car washes as an accessory
use, provided that at least one (1) frontage lies along
a four-lane collector or arterial road, and the site is
developed in accordance with Section 11.L. In the C-
2 district, repair and service of vehicles, other than
refueling, shall be limited to automobiles,
motorcycles, and pick-up trucks with a rated capacity
of not more than one (1) ton. All repair and service
of vehicles shall be done within an enclosed
building. *
dd. Print shops.
ee. Dry-cleaning service, limited to
handling goods that are brought to the premises by
retail customers.
ff. Private clubs, lodges, and
fraternal organizations.*
gg. Drive-up, drive-through, or drive-
in service for any of the retail uses or personal
services listed under 1 .c. through 1 .ff. above.*
Drive-up and drive-through facilities for financial
institutions shall be a permitted use, however.
hh. Art or recreational instruction.
The following uses, provided that the
gross floor area of such use does not exceed ten
thousand (10,000) square feet:
ii. Grocery, food, ice cream,
confectionery, and health food stores; delicatessens,
butcher shops and seafood stores, vegetable and fruit
stores, convenience food stores, and bakeries;
catering service.
jj. General hardware stores.
kk. Restaurants, including serving of
alcoholic beverages only in connection with the
serving of meals. Sidewalk cafes, as an accessory use
to a duly licensed restaurant within the Community
Redevelopment Area (CRA).
11. Drive-through, drive-up, or drive-
in restaurants.*
stores.
mm. Sundries, notions, and variety
nn. Drug stores.
oo. Clothing, clothing accessory, and
shoe stores.
pp. Lawn and garden supply stores.
qq. Drive-up, drive-through or drive-
in service for any of the retail uses or personal
services listed under 1 .ii. through 1 .pp. above.*
Drive-up and drive-through facilities for financial
institutions shall be a permitted use, however.
rr. A single-family residence,
incidental to a permitted, commercial use, located on
the same lot as the commercial use. Such residence
shall have a minimum living area of seven hundred
fifty (750) square feet and shall be limited to
occupancy by the property owner or business
owner/operator.
All uses listed under 1 .c. through 1 .qq.
above shall specify the gross floor area on the
application for an occupational license. Each retail
store and adjacent stores or bays under the same
ownership or control that are of a similar or related
use shall be considered to be a single store for the
purpose of computing floor area.
lA. Conditional uses allowed: Those uses
specified above which are followed by an asterisk (*)
shall be deemed to be conditional uses, which may be
considered and granted in accordance with the
procedures set forth in Section 11.2.
2003 S-20 Repl.
Zoning 19
lB. Uses requiring an environmental
review permit: Within any C-2 neighborhood
commercial zoning district, no building, structure,
land or water, or any part thereof, shall be erected,
altered, or used, in whole or in part, for any of the
following specified uses, unless an environmental
review permit is secured in accordance with the
standards and procedures set forth in Section 11.3:
a. Automotive service stations,
subject to the provision of 1 .cc. above.
b. Print shops.
c. Drycleaning on premises, limited
to handling goods that are brought to the premises by
retail customers.
d. Any use listed under 6.B. 1 or
6.B. lA, which uses, handles, stores, or displays
hazardous materials, or which generates hazardous
waste as defined by 40 Code of Federal Regulations,
Part 261.
2. Prohibited uses. Within any C-2
neighborhood commercial zoning district, no
building, structure, land or water, or any part thereof,
shall be erected, altered, or used, in whole or in part,
for any of the following uses:
a. Any use not specifically allowed
in accordance with the list of uses under 1., lA., and
lB., above.
b. Any use which is either
specifically allowed or prohibited in another zoning
district, which is not specifically allowed in
accordance with the list of uses under 1., lA., and
lB., above.
type.
c. Outdoor storage or display of any
d. Sale of firearms or ammunition.
e. Sale of fireworks.
f. Temporary employment centers,
operated on a walk-in basis.
g. Any wholesale establishments,
storage as a principal use, or off-premises storage, or
distribution.
h. Sale of alcoholic beverages, other
than beer or wine.
i. Serving of alcoholic beverages,
except for consumption on premises within a duly
licensed restaurant and in conjunction with the
serving of regular meals.
materials stores.
Lumber yards or building
k. Sales bazaars, farmer's markets,
flea or thieves' markets, swap shops and trading
posts.
1. Self-service storage facilities
(mini-warehouses).
3. Building and site regulations. No
building or portion thereof shall be erected,
constructed, converted, established, altered, enlarged
or used unless the premises and buildings shall
comply with the following regulations:
Minimum lot frontage 50 feet
Minimum lot depth 100 feet
Minimum lot area 5,000 square feet
Maximum lot coverage 40 percent
Minimum front yard 30 feet
Minimum side yard
(interior lots) 15 feet*
Minimum side yard
(comer lots) 20 feet on side street
Minimum rear yard 20 feet*
Maximum structure height 25 feet, not to
exceed 2 stories
*When abutting residential districts, side and/or rear
yards shall be thirty (30) feet.
4. Repair and service of merchandise:
The repair and service of merchandise for household
customers shall be permitted as either an accessory or
principal use, for any merchandise which is typically
sold in the C-2 district, excluding rebuilding or
refinishing of any type.
2003 S-20
20 Boynton Beach Code
5. Exterior storage or display: Exterior
storage or display of merchandise or materials shall
be prohibited, with the exception of growing plants
which are stored or displayed as an accessory use to a
lawful principal use.
6. Sale of used merchandise: The sale of
used merchandise shall be permitted as an accessory
use to the sale of new merchandise, meaning that
used merchandise shall be of the same type as the
new merchandise sold on the premises, and shall be
permitted as an accessory use to a repair shop which
is permitted in the district, provided that, in all cases,
the floor area occupied by used merchandise shall not
exceed twenty-five (25) percent of the gross floor
area. Stores which deal primarily in used
merchandise, shall be limited to retail merchandise of
the type that is permitted in the list of permitted uses
above. Pawnshops and auction houses shall be
prohibited, however, in the C-2 district. Used
merchandise stores shall be located not less than
twenty-four hundred (2,400) feet apart, as measured
by direct distance between property lines, and shall
have a gross floor area of not more than five
thousand (5,000) square feet. Where these stores are
currently located at less than this minimum distance,
such stores shall not be expanded. All new
applications for occupational licenses to operate such
uses or applications for building permits to expand
such uses shall be accompanied by an affidavit which
certifies that the provisions of this paragraph would
be complied with. Exterior storage and display in
connection with such uses shall be prohibited.
7. Off-street parking as set forth in
Section 11 .H hereinafter.
C. C-3 COMMUNITY COMMERCIAL
DISTRICT. These district regulations are to
encourage the development of appropriate intensive
retail commercial facilities providing a wide range of
goods and services, located centrally and
accommodating three (3) or four (4) neighborhoods
and located adjacent to at least one major
thoroughfare.
1. Uses permitted. Within any C-3
community commercial district, no building,
structure, land or water shall be used except for one
(1) or more of the following uses:
a. Any use permitted in C-1 or C-2
districts, without specific limitation on floor area.
b. Any conditional use in the C-2
district, except as provided for otherwise under the C-
3 district regulations, without specific limitation on
floor area.*
c. Antique stores and auctions
houses, selling only objects of value such as quality
antiques, art objects, jewelry and the like, but not
used merchandise generally.
d. Bars, cocktail lounges, subject to
the provision of Chapter 3 of the City of Boynton
Beach Code of Ordinances. Such uses shall be a
conditional use (*) if located within six hundred (600)
feet of property lying within a residential zoning
district as measured by direct distance between
property lines. Sidewalk cafes, as an accessory use to
a duly licensed restaurant or a nightclub within the
Community Redevelopment Area (CRA).
e. Liquor stores, subject to the
provisions of Chapter 3 of the City of Boynton Beach
Code of Ordinances.
f. Greenhouses, nurseries, and other
horticultural uses.
g. Department stores.
h. Hotel, motels, apartment hotels,
and apartment motels, including timesharing units,
provided that sleeping rooms and apartment suites
therein, and exterior portions of the site shall not be
used for the display, lease, or sale of merchandise.
i. Lumber yards and building
materials stores, including sale to contractors.*
j. Multifamily and duplex
residential dwellings, including timesharing
apartments, which shall comply with the R-3 district
regulations for such uses.
2003 S-20
Zoning 21
k. Rooming and boarding houses.*
1. Private clubs, lodges, and
fraternal organizations.
m. Recreational facilities:
(1) Indoor recreational facilities,
including nightclubs,* bowling alleys, billiard halls,
health clubs/gymnasiums, shooting ranges (indoor
only), skating rinks, and amusement arcades.
Bars/lounges and musical entertainment and athletic
competitions* shall also be accessory to the principal
uses described in this section. Indoor recreational
facilities other than those which are listed above
conditional uses(*).
(2) Outdoor recreational
facilities, including, but not limited to, golf courses,
miniature golf courses, tennis clubs and the like.
Racetracks, go-cart tracks, and water slides shall be
prohibited.
n. Sale of ammunition and firearms.
o. Theaters and auditoriums,
excluding drive-in theaters.
p. Automotive service stations,
without major repairs (see definitions ;;major
repairs"), and including car washes as an accessory
use, provided that the site is developed in accordance
with Section 11.L. The repair and service of vehicles
in the C-3 district shall include all motor vehicles, in
addition to those types of motor vehicles for which
repair and service is allowed in the C-2 district, but
shall exclude farm tractors and implements, cement
mixers, shovels or cranes, and special mobile
equipment as defined by Section 316.003, Florida
Statutes. All repair and service of vehicles shall be
done within an enclosed building.
q. Bus terminals.
r. Ambulance service.
s. New boat sales, excluding repair
or service on premises.*
t. Marinas and yacht clubs, which
may include the following as accessory uses, if
approved as such: Any accessory uses to marinas
which are allowed in the CBD district, as well as boat
dealers, service, repair, installation, rebuilding, or
customizing of boats, engines, or marine of boats,
engines, or marine equipment.*
u. Dry storage of boats at marinas.*
v. Yachtels, boatels, and other use of
boats at marinas for residences.*
w. Small equipment and tool rental,
for homeowners use, excluding exterior display or
storage.
x. Governmental, utilities, and
communications facilities, excluding uses which have
extensive storage or maintenance facilities, or storage
or maintenance as their principal use. Utilities shall
be adequately screened from exterior view.
y. Trade and business labor pools;
such uses shall be a conditional use (*) if operated on
a walk-in basis.
z. Automobile wash establishments.
aa. Wholesaling of goods listed under
Section 8.A. 1 .c.(2), 8.A. 1 .c.(3), 8.A. 1 .c.(4),
8.A.l.c.(6), 8.A.l.c.(7), 8.A.l.c.(14), and 8.A.l.c.(16)
of these zoning regulations, and storage of goods for
households, but excluding any exterior storage or
display, where all portions of the property lie within
three hundred (300) feet of a railroad right-of-way,
and direct access to the property from a collector or
arterial road is not available at the effective date of
this ordinance.* The conditional use application shall
list the specific types of goods which are to be sold,
stored, or distributed from the premises, and uses of
the property shall be limited to those specified on this
list, as approved by the City Commission.
bb. Adult entertainment
establishments.
2003 S-20
22 Boynton Beach Code
cc. Repair of motor vehicles or tire
sales and service, limited to minor repairs (see
definitions "minor repairs"), and including car
washes as an accessory use, are as follows:
(1) This use is not permitted on
sites less than five (5) acres in size.
(2) On sites of greater than five
(5) acres and less than seventy-five (75) acres, all
such uses shall be located in a shopping center and
within the principal building of the shopping center;
(3) On sites of greater than
seventy-five (75) acres all such uses will be allowed
to be located in a separate building in a shopping
center.*
For the purpose of this section, motor
vehicles shall mean only motorcycles, mopeds,
passenger cars (a motor vehicle with motive power,
except a multipurpose passenger vehicle or
motorcycle, designed for carrying ten (10) persons or
less), or multipurpose passenger vehicles (motor
vehicle with motive power designed to carry ten (10)
persons or less which is constructed either on a truck
chassis or with special features for occasional off-
road operation). All repair and service of vehicles
shall be done within an enclosed building.
dd. Upholstery and carpet steam
cleaning businesses.
ee. Marine canvas retail sales and
fabrication (no on premises installation).
ff. Nightclub.*
gg. Cosmetology schools including
barbering, hair styling, or the cosmetic arts, such as
makeup or skin care, if in conjunction with the
delivery of the service to the general public on a daily
basis.*
lA. Conditional uses allowed. Those uses
specified above which are followed by an asterisk (*)
shall be deemed to be conditional uses, which may be
considered and granted in accordance with the
procedures set forth in Section 11.2.
2003 S-20
lB. Uses requiring environmental review
permit. Within any C-3 community commercial
zoning district, no building, structure, land, or water,
or any part thereof, shall be erected, altered, or used,
in whole or in part, for any of the following specified
uses, unless an environmental review permit is
secured in accordance with the standards and
procedures set forth in Section 11.3:
a. Any use which would require an
environmental review permit in the C-2 district.
b. Sign painting and lettering shops.
c. Automobile wash establishments.
d. Repair of motor vehicles or tire
sales and service, limited to minor repairs (see
definitions "minor repairs"), and including car washes
as an accessory use, provided that all such uses shall
be located in a shopping center and shall be located
within the principal building of the shopping center,
and provided that the site occupied by the shopping
center has an area of not less than five (5) acres.
For the purpose of this section,
motor vehicles shall mean only motorcycles, mopeds,
passenger cars (a motor vehicle with motive power,
except a multipurpose passenger vehicle or
motorcycle, designed for carrying ten (10) persons or
less), or multipurpose passenger vehicles (motor
vehicle with motive power designed to carry ten { 10}
persons or less which is constructed either on a truck
chassis or with special features for occasional off-
road operation). All repair and service of vehicles
shall be done within an enclosed building.
e. Any use listed under 6.C. 1. or
6.C. lA. which uses, handless, stores, or displays
hazardous materials, or which generates hazardous
waste, as defined by 40 Code of Federal Regulations,
Part 261.
2. Prohibited uses. Within any C-3
community commercial zoning district, no building,
structure, land or water, or any part thereof, shall be
erected, altered, or used, in whole or in part, for any
of the following uses:
Zoning 23
a. Any use not specifically allowed in
accordance with the list of uses under 1., IA., and lB.,
above.
b. Any use which is either
specifically allowed or prohibited in another zoning
district, which is not specifically allowed in
accordance with the list of uses under 1., lA., and lB.
above.
c. Any wholesale establishments,
storage as a principal use, off-premises storage, or
distribution, except in accordance with 1 .aa. and lA.
above.
d. Single-family detached dwellings,
except where used as a group home.
e. Sales bazaars, farmer's markets,
flea or thieves' markets, swap shops, and trading posts.
f. Bingo halls.
g. Self-service storage facilities
(mini-warehouses).
3. Building and site regulations. No
building or portion thereof shall be erected,
constructed, converted, established, altered, enlarged
or used unless the premises and buildings shall comply
with the following regulations:
Minimum lot frontage
Minimum lot area
Maximum lot coverage
(building)
Minimum front yard
Minimum side yard
(interior lots)
Minimum side yard
(comer lots)
Minimum rear yard
Maximum structure height
75 feet
15,000 feet
40 percent
2O feet
None (see Notes
a and b)
15 feet street side
(see Note b)
20 feet (see Notes b and c)
45 feet, not to
exceed 4 stories
a. Where rear access is not available
from a public street or alley, a side yard of not less
than fifteen (15) feet shall be provided on one side.
b. When abutting a residential zone,
side and/or rear yards shall be thirty (30) feet
minimum.
c. Where rear yard access is
available from a public street or alley, rear yard may
be decreased by one-half the width of such street or
alley, but in no case shall a rear yard be less than ten
(10) feet.
4. Off-street parking as set forth in
Section 11 .H hereinafter.
5. Repair and service of merchandise:
The repair and service of merchandise for household
customers shall be permitted as either an accessory or
principal use, for any merchandise which is typically
sold in the C-3 district, excluding rebuilding or
refinishing of any type.
6. Exterior display and storage of
merchandise. Exterior display of retail merchandise
shall be permitted, provided that such merchandise is
owned by the operator of the business occupying the
building, and is the same type of merchandise that is
typically sold within the building. Exterior storage of
merchandise shall be for a length of time which, on a
daily basis, shall not exceed eighteen (18) hours.
Exterior storage or display of motor vehicles and
boats, excluding wrecked motor vehicles, shall also
be permitted to the extent that same is integral to the
operation of a conforming use or a legal
nonconforming use, and without limitation on length
of time. Exterior display of merchandise shall be
completely contained within property lines, and shall
not completely block walkways or otherwise create a
hazard to the public. Parking areas shall not be used
for such displays except for a period or periods of
time which shall not exceed seven (7) days within any
one (1) calendar year. Permission from the
development director or his authorized representative
shall be required for any use of parking areas for
display of merchandise. The exterior display or
storage of growing plants shall be permitted in
connection with a lawful principal use, without
limitation on length of time
2003 S-20
24 Boynton Beach Code
7. Sidewalk sales. Sidewalk sales in
rights-of-way shall require approval by the city
manager or such person as may be designated by the
city manager.
8. Sale of used merchandise: The sale of
used merchandise shall be permitted as an accessory
use to the sale of new merchandise, meaning that
used merchandise shall be of the same type as the
new merchandise sold on the premises, and shall be
permitted as an accessory use to a repair shop which
is permitted in the district, provided that in all cases,
the floor area occupied by used merchandise shall not
exceed twenty-five (25) percent of the gross floor
area.
Stores (including pawnshops) which
deal primarily in used merchandise, other than
antique shops or auction houses (see 1.c. above),
shall be limited to sale of retail merchandise of the
type that is allowed in accordance with the list of
uses under 6.C.1. and 6.C.1A. above. Such stores
shall not exceed five thousand (5,000) square feet in
gross floor area and shall be located not less than
twenty-four hundred (2,400) feet apart, as measured
by direct distance between property lines. Where
these stores are currently located at less than this
minimum distance, such stores shall not be expanded.
All new applications for occupational licenses to
operate such uses or applications for building permits
to expand such uses shall be accompanied by an
affidavit which certifies that the provisions of this
paragraph would be complied with. Exterior storage
or display in connection with such uses shall be
prohibited.
D. C-4 GENERAL COMMERCIAL
DISTRICT. These district regulations will be
effective in projecting desirable uses and patterns
along the development corridors that will be located
at points along major trafficways. The ultimate
desired results are to group highway uses, keep
accesses to a minimum, and combine accesses, so as
to limit the drive out interruptions. In addition, these
regulations can help expedite, facilitate and ease
traffic on and off the major trafficways and allow
sufficient frontage for safe ingress and egress and yet
again, not erode the design capacities for our
highways.
1. Uses permitted. Within any C-4
general commercial district, no building, structure,
land or water, shall be used, except for one (1) more
of the following uses:
a. Any use which is a permitted use
in the C-1, C-2, or C-3 zoning district.
b. Any use which is a conditional
use in the C-3 zoning district, except as provided for
otherwise in the C-4 district regulations.*
c. Adult entertainment
establishments, in accordance with Section 11 .M.*
d. Sale or rental of new or used
automobiles, boats, recreation vehicles, utility trailers,
and commercial trucks.*
e. Automobile wash establishments.
f. Wholesale or retail sale of goods
listed under Sections 8.A. 1.c.(2), 8.A. 1.c.(3),
8.A. 1.c.(4), 8.A. 1.c.(6), 8.A. 1.c.(7), 8.A. 1.c.(9),
8.A.l.c.(10), 8.A.l.c.(11), 8.A.l.c.(14), and
8.A. 1.c.(16) of these zoning regulations.
g. Electrical, plumbing, heating,
painting, roofing, and upholstery supplies.
h. Fabrication and assembly of
custom cabinets and furniture, sign painting and
lettering shops, or furniture refinishing, within a fully
enclosed building, with a gross floor area of less than
two thousand (2,000) square feet.
i. The wholesale sales and
distribution of prepackaged meats and poultry. Sales
shall be restricted to sales to the trades and not to the
general public.
j. Reserved.
k. Nightclub.*
IA. Conditional uses allowed. The uses
specified above which are followed by an asterisk (*)
shall be deemed to be conditional uses, which may be
considered and granted in accordance with the
procedures set forth in Section 11.2.
2003 S-20
Zoning 25
lB. Uses requiring an environmental
review permit.
a. Any use which would require an
environmental permit in the C-3 district.
b. Service or repair of automobiles,
recreation vehicles, utility trailers, boats, and
commercial trucks, and motor vehicles for which
service and repair is permitted in the C-3 district as
either a principal or an accessory use, and major
repairs, customizing, paint and body shops, and
battery and tire sales and service, and sailmaking.
Service and repair work shall take place entirely
within an enclosed building.
c. Fabrication and assembly of
custom cabinets and furniture, sign painting and
lettering shops, or furniture refinishing, within a fully
enclosed building, with gross floor area of two
thousand (2,000) square feet or more but not to
exceed six thousand (6,000) square feet.
c. Any residential use, including
group homes and residential institutions. Hotels and
motels, and apartment hotels and motels shall be a
permitted use, however.
d. Exterior storage, unless ade-
quately screened.
e. Sales bazaars, farmer's markets,
flea or thieves' markets, swap shops, and trading
posts.
f. Warehouses or storage buildings,
except when utilized as an accessory to a principal
use which is allowed in accordance with 6.D. 1.,
6.D. lA., or 6.D. lB., above, and located on the same
parcel as the principal use.
g. Contractors' storage and shops.
h. Self-service storage facilities
(mini-warehouses).
d. Machine shops, and rebuilding of
equipment or parts that are typically sold in the C-4
district, limited to service for individual customers,
and excluding industrial remanufacture of equipment
or parts.
3. Building and site regulations. No
building or portions hereof shall be erected, con-
structed, converted, established, altered, enlarged or
used unless the premises and buildings shall comply
with the following regulations:
e. Any use listed under 6.D. 1. or
6.D. lA. which uses, handles, stores, or displays
hazardous materials, or which generates hazardous
waste, as defined by 40 Code of Federal Regulations,
Part 261.
2. Uses prohibited. Within any C-4
general commercial zoning district, no building,
structure, land, or water, or any part thereof, shall be
erected, altered, or used, in whole or in part, for any
of the following uses:
a. Any use not specifically allowed
in accordance with the list of uses under 1., lA., and
lB. above.
b. Any use which is either
specifically allowed or prohibited in another zoning
district, which is not specifically allowed in
accordance with the list of uses under 1., lA., and
lB. above.
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
Minimum front yard
Minimum side yard
(interior lots)
Minimum side yard
(comer lots)
Minimum rear yard
Maximum structure height
exceed
50 feet
100 feet
5,000 square feet
40 percent
25 feet
15 feet one side*
15 feet on street
20 feet*
45 feet not to
4 stories
*When abutting residential districts, side and/or rear
yards shall be thirty (30) feet.
Where rear property line abuts a public
street or alley, rear yard setback may be reduced to
ten (10) feet and no side yard shall be required except
on comer lots.
2003 S-20
26
Boynton Beach Code
4. Off-street parking: As set forth in
Section 11 .H hereinafter.
5. Repair and service of merchandise:
The repair and service of merchandise shall be
permitted as either an accessory or principal use, for
any merchandise which is typically sold in the C-4
district.
6. Exterior display or storage. Exterior
display of merchandise shall comply with all provi-
sions that apply to the exterior display of
merchandise in the C-3 district. Exterior storage of
merchandise, materials, or equipment shall be
allowed only as an accessory use to a lawful principal
use which occupies a building, and shall be
adequately screened. Exterior storage or display of
motor vehicles and boats, shall also be permitted to
the extent that same is integral to the operation of a
conforming use or a legal noncon-forming use, and
without limitation on length of time, and without the
requirement for screening.
7. Sale of used merchandise. Sale of
used merchandise shall comply with all provisions
that apply to the sale of used merchandise in the C-3
district. Distance separation requirements as set forth
in Section 6.C.8. of appendix A shall have no
application to not-for-profit organizations.
E. CBD CENTRAL BUSINESS DISTRICT.
The intent of this district is to provide a highly visible
community focal point integrating business, retail,
recreational, and residential activities. The uses
allowed in the central business district are intended to
serve the entire community, create a high volume of
pedestrian activity, provide business, recreation, and
residential opportunities, and maximize the potential
of the waterfront.
1. Permitted and conditional uses.
Within the central business district, no building,
structure, land, or water, or portion thereof, shall be
used except for one or more of the following uses
listed below. Uses specified below which are
followed by an asterisk (*) shall be deemed to be
conditional uses, which may be considered and
granted in accordance with Section 11.2 of these
zoning regulations. All conditional use applications
within the CBD and the CRA district shall be
considered and reviewed by the
planning and development board in all proceedings,
until the CRA becomes a seven member body or a
separate entity from the City Commission.
Furthermore, no part of the CBD shall be developed
until a complete, detailed development proposal has
been submitted to the city and approved in
accordance with the standards and procedures set
forth in Part III, Chapter 4, Land Development
Regulations. Such proposals shall generally follow
the design guidelines established by the city for the
CBD, and shall include water, sewer, storm drainage,
traffic flow, parking, landscaping, lighting, and other
data as required by Part III, Chapter 4, Land
Development Regulations.
Eating and Drinking:
a. Restaurant.
al. *Restaurants with drive-in or
drive-through facilities when not in conflict with the
public/private pedestrian system of the adopted
redevelopment plan.
b. Nightclubs*, bars and cocktail
lounges, excluding adult entertainment
establishments.
Entertainment and Recreation:
facilities.
c. Public parks and recreation
d. Theaters and auditoriums, ex-
cluding drive-in theaters.
e. Marinas, limited to the following
uses: mooring and docking of private pleasure craft;
sale of fuels and lubricants; occupancy of private craft
as living quarters, provided that such craft are
connected to public sewer facilities; operation of drift
and charter fishing boats and sightseeing boats; bait
and tackle shops. Dry storage of private pleasure craft
shall be permitted as a conditional use. Service and
repair of private pleasure craft shall be permitted as
an accessory use to dry storage. Buildings used for
dry storage of boats shall not exceed forty-five (45)
feet in height, shall be enclosed on at least three (3)
sides, and shall be designed so as to be compatible
with the intent of the CRA plan, CBD zoning and
landscaping
2003 S-20
Zoning 26A
regulations, and CBD design guidelines. The hours of
operation of a dry storage facility shall be no earlier
than sunrise and no later than sunset. In addition,
other uses may be allowed at marinas, in accordance
with the list of permitted and conditional uses for the
CBD (central business district).
f. *Private recreation and
amusement facilities, including bowling alleys,
gymnasiums, and health centers.
Hotels, Motels and Residential:
g. Hotels and motels.
h. *Multiple-family residential,
time-sharing apartments, motel apartments, and hotel
apartments.
Offices and Financial Institutions:
i. Medical and dental offices and
laboratories.
j. Professional and business offices,
excluding offices or clinics for drug or alcohol
treatment or counseling, psychiatric treatment or
counseling, or any other type of personal rehabili-
tation.
k. Veterinary offices and clinics,
excluding outdoor kennels, or keeping of animals for
purposes other than treatment, and excluding on-site
disposal of animals.
drive-up tellers.
Financial institutions, without
m. *Financial institutions, with
drive-up tellers.
Public and Quasi-Public:
n. Government facilities, excluding
uses which have extensive storage or maintenance
facilities, or storage or maintenance as their principal
use.
2003 S-20
26B Boynton Beach Code
Zoning 27
o. Churches and other places of
worship, including rectories and convents as an
accessory use.
p. *Clubs, lodges, and fraternal
organizations.
q. *Public utilities and
communications facilities.
r. *Nursery, day care centers, and
pre-school facilities.
s. *Primary and secondary schools,
excluding trade or industrial schools.
t. *Colleges, seminaries, and
universities, excluding trade or industrial schools.
u. Non-degree instruction or
tutoring, under 2,000 square feet of gross floor area,
excluding trade or industrial instruction.
v. *Non-degree instruction or
tutoring, over 2,000 square feet of gross floor area,
excluding trade or industrial instruction.
w. *Public assembly halls,
auditoriums, and community centers.
Retail:
x. Department stores.
y. Beer, liquor, and wine sales,
excluding drive-through facilities.
z. Antique stores and auction
houses, selling only objects of value such as quality
restored antiques, art objects, jewelry, and the like,
but not used merchandise generally.
aa. Art and ceramic stores.
bb. Curio and gift shops, excluding
sale of used merchandise.
cc. Music and camera shops.
dd. Furniture, home furnishings and
accessories, appliances, and interior decorator shops.
ee. Hardware, marine hardware,
drapery, carpet, tile, paint and wallpaper stores, but
excluding lumber or building materials dealers, lawn
and garden shops, glass, electrical, plumbing, heating
supplies, and the like.
ff. Clothing and clothing accessories
stores, excluding sale of used merchandise.
stores.
gg. Sundries, notions, and variety
supplies.
hh. Art, craft, hobby, and sewing
ii. Florist shops, including sale of
house plants.
jj. Bicycle shops.
kk. Pet shops, excluding kennels or
boarding of animals.
11. Office supplies and equipment.
mm. Book stores, news dealers, and
tobacco shops.
stores.
nn. Sporting goods, game and toy
oo. Luggage stores.
pp. Jewelry and cosmetics stores.
stores.
qq. Optical goods and hearing aids
rr. Pharmacies and drugstores.
ss. Food and grocery stores, retail
confectioneries and bakeries, ice cream parlors, and
delicatessens, excluding drive-through facilities.
tt. *Outdoor display or sales of
merchandise, subject to the conditions set forth in
Section 6.C.6. of these zoning regulations.
2000 S-12
28 Boynton Beach Code
uu. Sidewalk sales, subject to
approval by the community redevelopment agency.
uua. New auto parts and accessories.
Services:
vv. Personal service establishments.
ww. Printing, engraving, fine art
studios, photofinishing service, photographic studios
and laboratories; film and recording studios.
xx. *Funeral homes, excluding
crematoriums.
yy. Business machine service offices.
zz. Coin-operated laundromats, dry
cleaning service, limited to handling goods that are
brought to the premises by retail customers, tailors
and dressmakers, alteration and repair of clothing or
clothing accessories.
Transportation:
aaa. Public parking lots and garages.
bbb. *Bus terminals and taxi stands.
ccc. *Railroad passenger stations.
ddd. *Automobile rental, limited to
rental of new cars.
eee. *Helistops.
fff. *Private parking lots and garages,
where operated as a principal use.
IA. Uses requiring environmental review
permits. Within the CBD, Central Business District,
no building or structure, on land or water, or any part
thereof, shall be erected, altered, or used, in whole or
in part, for any of the following specified uses, unless
an environmental review permit is secured in
accordance with the standards and procedures set
forth in Section 11.3 of these zoning regulations:
a. Dry cleaning on premises, limited
to handling goods that are brought to the premises by
retail customers.
b. Any use listed under Section
6.E. 1. which use handles, stores, or displays
hazardous materials, or which generates hazardous
waste, as defined by 40 Code of Federal Regulations,
Part 261.
2. Uses prohibited. Within the central
business district, no building, structure, land, or
water, or any portion thereof, shall be used for any of
the following uses:
a. Any use not specifically allowed
in accordance with Section 6.E. 1. above.
b. Any use specifically prohibited in
Section 6.E. 1. above.
c. Adult entertainment
establishments.
d. Massage parlors.
e. Laundry or dry cleaning plants;
carpet or upholstery cleaning plant or service.
f. Outdoor storage of any type, other
than rental cars in accordance with Section 6.E. 1.
g. Sale of used merchandise, except
for art objects, jewelry, coins, quality restored
antiques, and the like, which shall be subject to the
provisions of Section 6.E. 1.
h. Pawnshops.
i. Personal rehabilitation or clinics
or offices, including counseling services for same,
residential or nonresidential; any residential use
which requires professional supervision, counseling,
medical or nursing care on the premises, or access to
same.
j. Reserved.
k. Wholesale establishments or
distribution.
1. Storage as a principal use, or any
off-premises storage.
2000 $-12
Zoning 29
vehicles.
m. Service, repair, sales or storage of
n. Repair shops, other than repair of
clothing and clothing accessories, except that service
and repair services shall be allowed as an accessory
use to retail sales, provided that the floor area
devoted to repair services shall not exceed 25% of the
gross floor area.
o. Temporary employment centers,
operated on a walk-in basis.
p. Rooming or boarding houses,
adult congregate living facilities, nursing homes, or
any other group housing.
q. Dry storage of boats; boat
dealers; service, repair, installation, building,
rebuilding, or customizing of boats, engines, or
marine equipment.
freight.
r. Loading or unloading of railroad
s. Commercial parking facilities.
(Ord. No. 99-07, § 1, 3-16-99)
3. Building and site regulations. No
building, structure, land, or water shall be erected,
altered, enlarged, or used unless in conformance with
the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Minimum front yard
Minimum rear yard
Minimum side yard
Minimum waterfront yard
75 feet
100 feet
15,000 square feet
None, at all floors.
20 feet abutting adjacent
properties at first floor
level. 8 feet abutting
street or alley at first
floor level. None, at all
other floors.
None, for interior lot
lines. 8 feet abutting
street or alley at first
floor level. None, at all
other floors.
Regardless of the
orientation of the lot or
parcel, an 8-foot
setback
shall be maintained
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Maximum lot coverage 75 per cent.
85 per cent for
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Living area minimum per
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Canopies and awnings
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2000 S-12
30 Boynton Beach Code
Permanent structural
projections from
buildings
Regulatory guidelines
Utility lines,
mechanical
equipment
Eaves, sills, belt course,
cornices, pilasters, and
other architectural
features; gutters, chim-
neys, and mechanical
equipment, may project
not more than 3 feet
into any required yard,
provided that such
structures are located
within the property lines
and conform to esta-
blished central business
district design guide-
lines.
Construction and
development shall
essentially conform to
the Community
Redevelopment Plan,
Land Development
Regulations and District
Design Guidelines.
Utility lines shall be
installed underground,
and any service
equipment required
above ground shall be
effectively screened.
4. Off-street parking and loading space.
a. Parking and loading space
requirements. Parking and loading space
requirements and standards shall be as set forth in
Sections 11.H., 11.I., and 11.J., of these zoning
regulations, as modified by the provisions below.
awning or any part fltere~slairl~mlmummlatdla~io~Jght of 9 feet
(1) Parking space requirements
shall be calculated in accordance with Section
11 .H. 16. of these zoning regulations, except that in
the CBD, the following shall apply:
(a) The number of required
parking spaces shall be reduced by fifty (50) per cent;
and
(b) If the property owner or
business is unable to provide on-site one-hundred
(100) percent of the parking spaces required pursuant
to Section 11.H. 16. of these zoning regulations, all
spaces provided by the property owner or business,
on- or off-site, shall be maintained as unreserved,
unrestricted parking available to the public, except
designated handicap spaces required by law.
(2) Shared parking: When two
(2) or more adjacent properties combine their on-site
parking and construct a shared parking facility with
common access drives, the number of required
parking spaces shall be reduced by an additional ten
(10) per cent.
c. Location of parking spaces:
(1) No surface parking shall be
permitted in the front yard of any building along a
major public pedestrian streetscape system as
designated in the community redevelopment plan.
(2) Notwithstanding provisions
of Section 11 .I., in the CBD required parking spaces
shall be owned or leased within one thousand (1,000)
feet of the building to be served. The distance
requirement shall be a straight line measurement from
a point on the boundary line of the property, which is
the subject of the application, to the closest boundary
line of the property on which the leased parking is
located. The property, which is the subject of the
application, shall be posted with signage indicating to
patrons the location of the leased parking.
(3) Lease arrangements to
provide required parking spaces shall be subject to
approval by the community redevelopment agency,
after review and recommendation by the technical
review board.
2000 S-12
Zoning 30A
d. Special parking and loading space
requirements. The community redevelopment
agency or City Commission, consistent with the
approval procedures set forth in Part lll, Chapter 4,
Land Development Regulations, shall modify
requirements for parking and loading spaces, and:
(1) Require additional spaces if
the requirements are found to be insufficient.
(2) Require fewer spaces if
quantitative evidence is provided substantiating that
the requirements are excessive. The community rede-
velopment agency of City Commission shall take into
account existing parking facilities in the vicinity of
the proposed development.
1998 S-7 Repl.
30B
1998 S-7 Repl.
Boynton Beach Code
Zoning 31
5. Landscaping. Landscaping shall be
provided as set forth in Chapter 7.5 of the City of
Boynton Beach Land Development Regulations.
6. Sign. Signs shall conform to the
applicable provisions set forth in Chapter 21 of the
City of Boynton Beach Land Development
Regulations.
7. Nonconforming structures.
a. Purpose. It is the purpose and
intent of this section to allow the limited expansion of
a nonconforming structure which is used for a
conforming use and which is located within the
central business district (CBD).
b. Procedure.
(1) No nonconforming structure
located in the central business district may be
changed, enlarged, expanded, or restored without the
property owner first submitting an application for
approval of the proposed change to the city and
receiving approval as hereinafter provided.
(2) Applications shall be
submitted to the planning and zoning department on
forms prescribed by the planning and zoning
department.
(3) Applications shall be
processed according to the procedures for a site plan
review in the central business district and shall be
reviewed by the community redevelopment advisory
board and approved by the community
redevelopment agency.
c. Review criteria. Prior to granting
an approval for the expansion of a nonconforming
structure, the following findings shall be made:
(1) That granting the application
will not adversely affect the public interest.
(2) Expansion will not be
detrimental to the health, safety, and general welfare
of persons working or residing within the central
business district.
(3) Approval will to the
maximum extent possible bring the building and the
site upon which it is located into compliance with city
regulations and will improve the physical appearance
of the structure.
(4) That the expansion will be in
harmony with the general intent and purpose of the
central business district.
d. Conditions.
(1) The community
redevelopment advisory board shall recommend and
the City Commission sitting as the community
redevelopment agency may prescribe appropriate
conditions and safeguards necessary and reasonable
to ensure that the expansion of a nonconforming
structure will be in harmony with the general intent
and purpose of the central business district.
(2) In no event shall an
application be granted which would permit the
interior gross floor area of a nonconforming structure
to be enlarged by more than twenty-five (25) percent
in size.
e. Development standards.
(1) In the event an application
for expansion of a nonconforming structure is
granted, additional parking spaces shall only be
required for the expanded area of the nonconforming
structure. Chapter 23, Parking Lots, shall not apply to
expansions of nonconforming structures approved
pursuant to this section.
(2) All sites will be brought into
compliance with the zoning and development
regulations of the city to the maximum extent
possible. The community redevelopment agency may
grant relief from provisions of requirements of the
zoning and development regulations of the city
provided that they make specific findings of fact that
the waiver will not be detrimental to the health,
safety, and general welfare of persons working or
residing within the central business district and that
the waiver will result in additional business activity
that is harmonious with the general intent and purpose
of the central business district.
1997 S-5
32 Boynton Beach Code
f. Compliance with other codes.
Nothing in this section shall diminish the
responsibility of an owner to maintain his use or
structure in full compliance with all other city, county,
state, or federal regulations, or licensing procedures.
g. Payment in lieu of parking.
(1) When the community
redevelopment agency finds that the property owner
seeking an expansion cannot effectively, efficiently, or
economically provide for parking required for the
expansion, the community redevelopment agency may
recommend to the City Commission a payment in lieu
of parking. The payment shall be based on a formula
as set forth in subsection 11.1.(4) of this Chapter. In
approving or disapproving any payment in lieu of
parking the City Commission shall use the same
criteria used by the Community Redevelopment
agency as stated herein above.
(2) The community
redevelopment agency shall make the following
findings prior to authorizing a payment in lieu of
parking:
(a) The number of off-street
parking spaces required to be provided for a
development by the Land Development Regulations.
(b) The maximum number
of spaces which can be provided by the development
in a manner which effectively serves the development,
is cost-efficient, and is consistent with the intent of the
CBD zoning district.
(c) The number of parking
spaces that the community redevelopment agency
determines can reasonably be accommodated in
municipal parking facilities, either existing or planned
to be constructed within five (5) years after
authorization of the payment in lieu of parking.
(d) The current capital cost
of providing required parking spaces to serve the use
contemplated by the payment in lieu of parking.
(3) Whenever a payment in lieu
of parking is authorized and accepted, the following
additional requirements shall apply:
(a) Any off-street parking
arrangement satisfied in this manner shall run with
the land, and any subsequent change of use which
requires more parking shall require recalculation of
the payment in lieu of parking fee.
(b) No refund of payment
shall be made when there is a change to a use
requiring less parking.
(c) The payment in lieu of
parking shall be made to the city in one lump sum
prior to issuance of a building permit.
(d) Funds derived from a
payment in lieu of parking shall be deposited by the
city into a parking trust fund, and unless the applicant
consents otherwise, shall be used and expended
exclusively for the purpose of planning, designing, or
developing public parking facilities located within
one thousand (1,000) feet of the development for
which the payment in lieu of parking was made. The
distance requirement referenced herein shall be a
straight line measurement from a point on the
boundary line of the property, which is the subject of
the application to the closest boundary line of the
property on which the public parking facility is
located.
8. Structures in excess of forty-five (45)
feet in height. Notwithstanding the height limitations
referenced in Section 4F of Chapter 2 of the Land
Development Code of the City of Boynton Beach,
Florida, all uses enumerated and permitted in the
Central Business District, according to the Code of
Ordinances which shall include but not be limited to
hotels, motels, condominiums, apartments, offices,
financial institutions, eating and drinking
establishments, entertainment and recreational uses,
retail use and transportation use or any structure
containing a mixed use thereof, shall be permitted to
2001 S-16
Zoning 33
be constructed in excess of forty-five (45) feet in
height, but not to exceed 100 feet, provided such use is
evaluated and approved as a conditional use.
Mechanical equipment which exclusively serves the
structure shall not be included in the calculations of
height.
F. MIXED USE ZONING DISTRICTS.
1. Intent and purpose. The mixed use
zoning districts allow for a diversity of land uses, and
accommodate and encourage a mixture of residential,
office, retail, recreational, and other miscellaneous
uses on assembled parcels along the Federal Highway
Corridor Redevelopment Area. All development and
redevelopment shall be guided by an approved plan
and through the use of the planned unit development,
conditional use, or other site plan review processes.
The objectives of the mixed use zoning districts are as
follows:
a. Support and enhance revitalization
efforts in the city's traditional commercial core area;
b. Create major new residential and
mixed use areas in planned locations with appropriate
densities, heights, and mixtures of uses;
c. Create optimal pedestrian environ-
ments through appropriate separation from, and design
of vehicular circulation areas;
d. Allow flexibility in architectural
design and building bulk; while maximizing
compatibility and harmony with adjoining
development within the development area;
e. Create surrounding areas that
complement rather than compete with the downtown;
f. Create higher quality environments
for residents, businesses, employees, and visitors.
2. Zoning districts.
shall be applied
identified on
The mixed use zoning districts
to selected geographic areas,
the city's Future Land Use Map, where a mixture of
uses and building densities is intended to carry out
elements of the city's redevelopment plans, including
goals in employment, population, transportation,
housing, public facilities, and environmental quality.
b. Regulations for the planning areas
are implemented through two zoning districts: Mixed
Use-High Intensity (MU-H) and Mixed Use-Low
Intensity (MU-L).
c. Permitted uses and associated
standards for development vary between the zoning
districts each reflecting the importance of the district's
location and its relationship to the downtown area.
d. A mixed use zoning district may
be located only on lands designated Mixed Use (MX)
or Mixed Use-Core (MX-C) on the city's Future Land
Use Map.
3. Subdistricts established.
a. MU-H
Intensity) Zoning District.
(Mixed-Use-High
(1) Upon adoption of the Mixed-
Use Core (MX-C) land use classification, this zoning
district shall only be applied to lands classified as
Mixed Use-Core (MX-C) on the city's Future Land
Use Map.
(2) The MU-H district is
appropriate for developments that provide for high
density residential in addition to retail commercial
and office uses.
(3) The district allows a
maximum height of one hundred-fifty (150) feet and a
residential density of 80 dwelling units per acre,
provided that all new developments within this
district that front on streets designated as ~arterial
roads" on the Functional Classification of Roadways
Map contain a mixture of retail, office and residential
USES.
2002 S-18
34 Boynton Beach Code
b. MU-L (Mixed-Use-Low-Intensity)
Zoning District.
(1) In order to complement the
revitalization efforts in the city's traditional
commercial core, the MU-L Zoning District shall only
be applied to lands peripheral to the downtown area
and classified as Mixed Use (MX) on the Future Land
Use Map.
Beach Boulevard, Ocean Avenue and Woolbright
Road) and contain a mixture of retail commercial,
office and residential uses.
(7) Height restrictions and densi-
ties may be further limited in certain geographic areas
to further applicable redevelopment plans.
4. Permitted uses.
(2) The MU-L District is appro-
priate for low- to mid-rise developments that provide
for medium density residential uses.
a. The following table identifies the
permitted, restricted and prohibited uses within the
mixed use zoning districts.
(3) The district allows a
maximum height of seventy-five (75) feet and a
residential density of 40 dwelling units per acre for
mixed use projects.
(4) Building heights between
seventy-five (75) feet and one hundred (100)feet may
be permitted if reviewed as a conditional use.
(5) The review of these applica-
tions will emphasize aesthetics and design quality, and
physical compatibility with adjacent land uses.
(6) All new mixed use develop-
ments within this district shall front on streets
designated as "arterial roads" on the Functional
Classi- fication of Roadways Map (Federal Highway,
Boynton
b. Uses are classified as Permitted
"P," Conditional "C," or Not Permitted "N."
c. Uses permitted with restrictions
are followed by a numeral that corresponds below the
table to a footnote explaining restrictions associated
with the use.
d. The Planning and Zoning Director
or designee shall have the discretion to approve uses
that are not specifically listed but are similar to uses
that are expressly permitted; provided, however, such
uses are not expressly identified as conditionally
permitted or not permitted in any zoning district
within the city.
TABLE 6F-1
SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES
I
USE GROUP/USE I MU-L ZONE MU-H ZONE
Residential or Lodging Use Group
Bed and Breakfast C N
Hotel C P
Home Occupation P P
Mobile Home N N
Motel N N
Residential, Single-Family, Detached P N
2002 S-18
Zoning 34A
I
USE GROUP/USE I MU-L ZONE MU-H ZONE
Residential or Lodging Use Group (continued)
Residential, Single-Family, Attached P P
Residential, Multi-Family p p2
Board and Rooming House N N
(except as provided by state law)
Accessory Unit P N
Government Office/Civic Center/Library C N
Recreation (outdoor) P N
Museum P P
House of Worship p3 N
Police or Fire-Rescue Station p4 p
Postal Center (retail sales only) C C
Post Office P P
Public Park P P
Public Parking Lot or Garage P P
Office Use Group*
*Not encouraged as a first-floor use in the MU-H Zone.
Banks, Financial Institutions C9 C9
Medical or Dental Clinic P P
Medical or Dental Office P P
Physical Therapy Clinic P P
Professional Business Office P P
Veterinary Office or Clinic p6 N
Sales and General Commercial Use Group*
*Where permitted within the MU-L Zone, only on lots
fronting on maj or arterial roadways.
Alcoholic Beverage Package Store p6 p6
Ammunition or Firearm Sale or Rental N N
2003 S-20
34B Boynton Beach Code
I
USE GROUP/USE I MU-L ZONE MU-H ZONE
Sales and General Commercial Use Group (Continued)
Animal Boarding or Kennel C N
Animal Grooming P P
Animal Sales N N
Antique Mall/Flea Market N N
Arts, Crafts, Hobby and Framing P P
Auction House N N
Automotive Parts Sales N N
Automotive Sales with Display p12 p12
Bakery, Retail p6 p6
Boat/Marine Sales/Rental N p~3
Boat/Marine Accessories p6 p6
Bookstore p6 p6
Building Supplies or Materials N N
Bus Terminal N N
New Clothing, Shoes or Accessories Boutique p6 p6
Contractor's Office/Equipment Storage N N
Coffee Shop p6 p6
Convenience Store p6 p6
Custom Furnishings and Antique Stores p6 p6
Cyber-cafe p6 p6
Delicatessen p6 p6
Dive Shop and Instruction as Accessory Use p6 p
Drug Store or Pharmacy pn p3
Gasoline Sales with/without Vehicle Service C~° N
Grocery Store, Supermarket p7 p7
2001 S-18
Zoning 34C
I
USE GROUP/USEIMU-L ZONE MU-H ZONE
Sales and General Commercial Use Group (Continued)
Florist p6 p
Hardware Store p6 p6
Health Food Store p6 p6
Home Improvement Centers N N
Lumber Yard N N
Newsstand p6 p6
Outdoor Storage or Display N N
Parking Lot for Commercial Vehicles N N
Parking Lot or Garage, Private Ownership C C
Personal Watercraft Sales, Rental, Service, Parts or Repair p~2 p6
Photographic Studio and Photographic Supplies Cs Cs
Restaurant, with Drive Thru N N
Restaurant, Sit-Down C P
Specialty Foods and Confections pS pS
Sporting Goods pS pS
Tobacco Accessories p6 p6
Vehicle or Marine Customizing, Detailing, Service, Parts N N
or Repair
Vehicle or Marine Trailer Sales, Rentals, Service, Repairs N N
and Storage
Video Rental pS pS
Wholesale/Warehouse/Distribution N N
2002 S-18
34D Boynton Beach Code
I
USE GROUP/USE I MU-L ZONE MU-H ZONE
Service Use Group*
*Where permitted within the MU-L Zone, only on lots
fronting on maj or arterial roadways.
Barbershop/Beauty Salon/Day Spa p6 p6
Dance Studio p6 p6
Dressmaker or Tailor p6 p6
Dry cleaner p6,8 p6,8
Fitness Club C p6
Funeral Home N N
Hospital N N
Labor Pool Establishments N N
Laundromat p6 N
Medical Outpatient Facility C C
Nursery, Preschool or Child Daycare p6 N
Nursing and Convalescent Home N N
Photocopy Center p6 p6
Self-Storage or Mini Warehouse N N
Shoe Repair p6 p6
Tattoo Parlor/Body Piercing N N
Soup Kitchens/Substance Abuse Centers/Shelters/ N N
Halfway Houses
Entertainment Use Group
Adult Entertainment N N
Bar, Cocktail Lounge C P
Billiard Club/Bowling Alley/Indoor Recreation Facility C p6
Bingo Hall N N
Fortune Teller N N
2002 S-18
Zoning 34E
I
USE GROUP/USE I MU-L ZONE MU-H ZONE
Entertainment Use Group (Continued)
Movie Theater N C3
Night Club N C
Performing Arts Theater N P
Private Clubs, Lodges and Fraternal Organizations C C
Accessory Use
Drive-Thru Facility (other than accessory use to financial C9 N
institutions and restaurants)
Restriction Notes:
Reserved
For those with frontage on an arterial road, allowed as a permitted use if the ground level floor fronting the
arterial is devoted to office or retail uses. Otherwise, use is a conditional use.
Use shall be subject to the following distance separation requirements from similar uses, measured in a
straight line using the shortest distance between property lines:
-For uses with less than 5 000 square feet of floor area, 750 feet;
-For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet.
4. Subject to setback and buffering requirements as recommended by the Technical Review Committee.
Reserved
Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross
floor area of the entire development, constructed within the same structure as the remaining commercial or
mixed use development.
Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of 30,000
square feet.
8. On-site drop-off and pick-up only.
Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires
conditional use approval. Ingress/egress shall not be from/to an arterial roadway.
2002 S-18
34F Boynton Beach Code
10. Shall comply with provisions of Chapter 2, Sec. 11.L., pertaining to retail sale of gasoline or gasoline
products.
Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with
restriction note number six (6).
~2. Indoor storage/display shall not exceed 10,000 square feet.
In conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not to
exceed 10,000 square feet.
5. Building and site regulations.
I
MINIMUM PARCEL SIZE I MU-L ZONE MU-H ZONE
Residential or Lodging Use Group
Hotel --- 3 acres*
*Or is part of a mixed use development of at least 3 acres
Residential, Single-Family, Detached 5,000 sq. ft. ---
Residential, Single-Family, Detached, with Accessory Unit 7,500 sq. ft. ---
Residential, Single-Family, Attached 7,500 sq. ft. 65,000 sq. ft.
Residential, Multi-Family 15,000 sq. ft. 20,000 sq. ft.
Community Family Use Group
Public Park no minimum no minimum
All Other Uses 10,000 sq. ft. 10,000 sq. ft.
MINIMUM LIVING AREA MU-L ZONE MU-H ZONE
Residential of Lodging Use Group
Single-Family, Detached 1,000 sq. ft. ---
All Other Residential 750 sq. ft. 650* sq. ft.
Accessory Apartment 750 sq. ft. ---
*Size of all units must average 1,000 sq. ft.
2002 S-18
Zoning 34G
I
MINIMUM LOT FRONTAGE I MU-L ZONE MU-H ZONE
Residential or Lodging Use Group
Residential, Single-Family, Detached 50 ft. ---
Residential, Single-Family, Attached (Duplex) 75 ft. ---
Residential, Single-Family, Attached (Townhouse) 25 ft. ---
Residential, Multiple-Family 100 ft. 100 ft.
All Other Uses 100 ft. 100 ft.
MAXIMUM HEIGHT MU-L ZONE MU-H ZONE
Residential or Lodging Use Group
Residential, Single-Family, Detached 35 ft. ---
Residential, Single-Family, Attached (Duplex) 35 ft. ---
Residential, Single-Family, Attached (Townhouse) 35 ft. ---
All Other Uses 75 ft? 150 ft.
Maximum height at front property line is 45 feet. Add a minimum ten feet of setback for every additional
50 feet of height.
May increase to a maximum height of 100 feet, subject to conditions to minimize design and land use
incompatibilities.
MINIMUM HEIGHT 1 MU-L ZONE MU-H ZONE
All Uses I 35 ft.~ 35 ft.2
Applies to any facade with "arterial roadway" frontage.
Applies to any facade with street frontage.
Multiple-story buildings are encouraged within the Federal Highway Corridor District, particularly along
arterial roadways. The intent of this provision is to create the appearance, or to simulate the intensity of, a
minimum of a two-story building.
2002 S-18
34H Boynton Beach Code
I
MINIMUM PREVIOUS AREA I MU-L ZONE MU-H ZONE
Community Facility Use Group
Parking Lot or Garage
Residential or Lodging Use Group
Residential, Single-Family, Detached 40% ---
Residential, Single-Family, Attached 30% ---
All Uses 20% 15%
FRONT YARD SETBACK MU-L ZONE MU-H ZONE
Residential or Lodging Use Group
Residential, Single-Family, Detached build-to line 10 ft.~ ___
Residential, Single-Family, Attached build-to line 10 ft.~ ___
Residential, Multi-Family build-to line 10 ft.2 0-15 ft.
All Other Uses, including mixed use with single-family, 0 ft. or 10 ft.3 0 ft. or 10 ft.4
attached component build-to line
Porches may be place forward of the build-to line and shall maintain a minimum two-foot setback from any
public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage
facing or accessing the street is 20 feet.
Projecting feature(s), such as awnings, balconies, porches and/or stoops, shall be placed forward of the
build-to line and shall maintain a minimum two-foot setback from any public sidewalk.
One or more projecting feature(s), such as awnings, balconies, colonnades, porches and/or stoops, required
forward of the build-to line and shall maintain a minimum five-foot clearance from any vehicular use area.
Elements projecting over a pedestrian walkway shall allow a minimum nine-foot vertical clearance and a
five-foot horizontal pedestrian clearance.
4. Where intent is to widen pedestrian walkway.
I
SIDE YARD I MU-L ZONE MU-H ZONE
Residential or Lodging Group Use
Residential, Single-Family, Detached - Interior 6 ft. ---
.... _ Comer 15 ft. ---
.... _ End 10 ft. ---
2002 S-18
Zoning 34I
I
SIDE YARD I MU-L ZONE MU-H ZONE
Residential or Lodging Group Use (Continued)
Residential, Single-Family, Attached (Duplex) - Comer 15 ft. ---
Residential, Single-Family, Attached (Townhomes)-End t0 ft. ---
.... _ Comer 15 ft. ---
Residential, Multi-Family 20 ft.~ 0 ft.
All Other Uses
Adjacent to Residential Single-Family, Attached or 25 ft.~ 0 ft.
Detached, in the MU-L Zone
Adjacent to Other Uses 0 ft.~ 0 ft.
Plus one additional foot for each foot of height over 45 feet where adjacent to an existing, single-family,
detached dwelling, less width of the right of way.
I
REAR YARD I MU-L ZONE MU-H ZONE
Residential or Lodging Use Group
All Residential, Where Yard is Adjacent to Intracoastal 25 ft. 25 ft.
Waterway
Residential, Single-Family, Detached 7.5 ft. ---
Residential, Single-Family, Attached 7.5 ft. ---
Residential, Multi-Family 25 ft.2 0 ft.~
All Other Uses
Where Yard is Adjacent to Intracoastal Waterway 25 ft. 0 ft.~
Where Yard is Adjacent to Residential, Single-Family, 25 ft.2 25 ft.2
Attached or Detached
Where Yard is Adjacent to All Other Uses 0 ft.2 0 ft.3
Subject to requirements of any permitting agency having jurisdiction over construction abutting the
Intracostal Waterway.
2. Plus one additional foot for each foot of height over 45 feet where within or abutting the MU-L Zone.
3. Fifteen (15) feet abutting a street, ten (t0) feet abutting an alley.
2002 S-t8
34J Boynton Beach Code
6. Mixed uses.
a. Buildings containing residential
and nonresidential uses are required within the MU-H
Zoning District for all properties fronting on arterial
roadways, permitted and encouraged within the MU-L
Zoning District, and subject to the same development
standards as "all other uses."
b. Residential uses within mixed-use
structures shall not be located on the ground floor,
which shall be reserved for nonresidential uses.
c. Nonresidential uses within mixed
residential/nonresidential structures shall be evaluated
for their compatibility with residential uses located on
upper floors, and shall demonstrate compatibility
based upon use type, construction materials, floor plan
and site layout, and other factors as determined
appropriate given the type of use.
7. Building placement, massing and
orientation. Structures fronting on arterial roadways
within the MU-H and MU-L Zones shall occupy the
entire width of the parcel they are located upon,
notwithstanding comer side setbacks and clearance
needed for a drive that may be required to access the
rear of the property.
8. Landscaping.
a. Trees in the MU-H District. All
new construction in the MU-H District shall provide
shade trees in the streetscape.
(1) The trees selected shall be
consistent with the established theme of the street,
where appropriate. The City Forester will provide
consultation on appropriate species.
(2) Trunks shall be a minimum
four-inch caliper and provide seven (7) feet of vertical
clearance for visibility.
(3) In instances where canopies
of overhangs make it infeasible to plant trees,
alternative
means of providing landscaping for the sidewalk
shall be utilized.
(4) Upon inspection by the City
Forester, any trees found to be in declining condition
shall be replaced within thirty (30) days.
b. Tree spacing.
(1) Trees shall be regularly
spaced. The spacing of the trees shall be 20-25 feet
on center.
(2) Spacing may be modified by
factors such as the placement of utilities, by property
access points, sight lines at comers or by comer
conditions.
(3) Tree placement shall match
the existing pattern, where appropriate.
(4) Tree guards, fabricated to
city specifications, shall be placed adjacent to the
curb, where feasible.
c. Tree irrigation.
(1) Irritation systems shall be
installed to service all trees and other landscape
materials.
(2) Irrigation systems shall be in
operable condition at all times.
d. Sidewalks.
(1) All new construction in the
MU-H District shall provide new sidewalks.
(2) Sidewalks shall be Holland-
Stone pavers, red/charcoal color mix 2 by Paver
Systems, Inc., or equal, laid in a 4 S herringbone
pattern to continue the design elements in place along
Federal Highway.
2002 S-18
Zoning 34K
e. Flower containers. To add color
and soften sidewalk paving with plants, flower
containers containing blooming annuals or perennials
are encouraged to be planted and maintained along
facades of new building fronting on arterial roadways
in the MU-H District.
and pedestrian features and de-emphasize parking
facilities.
(2) In order to best achieve this
objective, rear parking is preferable to side yard
parking.
9. Parking requirements. Parking
requirements for both the MU-H and MU-L zoning
districts shall be as set forth by Chapter 2, Section
11H, of the Land Development Code. Chapter 2,
Section 11I, shall apply only to the MU-H zoning
district.
a. On-site parking facilities shall be
located to the rear or side of the structure they are
intended to serve and screened from view from public
streets, notwithstanding other provisions of these
regulations that require a specific residential auto-
mobile garage setback, and subsections 9.d. and 9.e.
below, permitting understory parking and regulating
parking garages.
(1) The intent of this provision is
that parking facilities not be prominent, as viewed
from the street(s) that serve(s) as the main orientation
for the principal building(s), in order to emphasize
(3) Access to parking shall be
from side streets not serving as the principal
structure's main frontage, when possible, in order to
minimize vehicle/pedestrian conflicts along sidewalks
resulting from driveway crossings.
b. Mixed-use developments may
utilize the following parking requirements based upon
shared parking with different hours of use.
(1) The total requirement for off-
street parking spaces shall be the highest of the
requirement of the various uses computed for the
following five (5) separate time periods: weekdays
(daytime, evening), weekends (daytime, evening) and
nighttime.
(2) For the purpose of
calculating the requirement of the various uses for the
various separate time periods, the percent of parking
buildings required shall be:
Weekday Weekend
Daytime Evening Daytime Evening Nighttime
(6 a.m. - 5 p.m.) (5 p.m. - midnight) (6 a.m. - 5 p.m.) (5 p.m. - midnight) (Midnight - 6 a.m.)
(Percent) (Percent) (Percent) (Percent) (Percent)
Office 100 10 10 5 5
Retail 75 75 100 70 5
Lodging 75 100 75 100 75
Restaurant 50 100 100 100 10
Entertainment 40 100 90 100 10
Residential 60 100 100 100 100
(Source: Urban Land Institute: Shared Parking, 1983)
2002 S-18
34L Boynton Beach Code
c. Freestanding parking garages as
part of a mixed use development are permitted only
within the MU-H Zone.
(1) Within the MU-H Zone, free-
standing parking garages call not exceed 75 feet in
height, and shall not have direct frontage on Boynton
Beach Boulevard, Ocean Avenue or Federal Highway,
unless the portion of the garage abutting these streets
contains storefronts restaurants or other permitted
nonresidential uses on the first floor.
(2) The intent is to border or
wrap the garage in storefronts and other permitted
habitable floor area, so as to disguise the garage and
create continuity in street-level activity by maintaining
interest for pedestrians and passing automobile traffic.
(3) Principal structures that
include parking garages shall be designed to blend the
architecture of the garage with the remainder of the
structure to create the illusion that the garage is
habitable floor space.
d. Parking garages that are
incorporated into the same structure as a principal
building, including structures providing parking on
lower floors and habitable space on upper floors, are
permitted within the MU-H and MU-L Zones.
(1) Understory parking (on the
first floor of a structure) is permitted throughout the
MU-H and MU-L Zones for multiple-floor buildings.
(2) Such first floor parking areas
shall be screened from view by a living trellis
(utilizing climbing vines) and/or architecturally
articulated facade designed to screen the parking area.
e. In order to increase the efficiency
of parking provision and vehicle circulation, parking
facilities shall be interconnected whenever possible.
Parking facilities shall, wherever feasible, be designed
for future connection to an adjoining parcel where an
existing connection cannot be established.
10. Dumpster location. Dumpsters shall be
adequately screened from view in a manner
compatible with the surrounding environment.
11. Circulation. Development sites with
frontage on Federal Highway, Ocean Avenue and
Boynton Beach Boulevard shall be designed to
discourage mid-block street crossings on these streets.
12. Signage. Chapter 21, Signs, of the
Land Development Code shall govern signage within
the Federal Highway Corridor District.
13. Density. The Comprehensive Plan
shall regulate maximum density.
14. Definitions. The following are
supple-mental definitions applicable only to the
mixed use zoning districts, and, therefore, in case of
conflict, take precedence over definitions in other
portions of the code.
Accessory apartment. A habitable
living unit added to or created within a single-family
dwelling that provides basic requirements for living,
sleeping, eating, cooking, and sanitation. An
accessory apartment shall comprise no more than
twenty-five percent (25%) of the total floor area of a
single-family dwelling, and shall in no case be more
than 750 square feet.
Antique shop. Any premises used for
the sale or trading of articles of which eighty percent
(80%) are over fifty (50) years old or have collectible
value. Antique shop does not include "secondhand
store."
Child care. An establishment that
provides care, protection and supervision for children
on a regular basis away from their primary residence
for less than 24 hours per day. The term does not
include facilities operated in conjunction with an
employment use or other principal activity, where
children are cared for while parents or custodians are
occupied on the premises or in the immediate
vicinity.
2002 S-18
Zoning 34M
Coffee house. An informal cafe or
restaurant primarily offering coffee, tea, and other
non-alcoholic beverages, and where light refreshments
and limited menu meals may also be sold.
Convenience store. A small store near
a residential area that stocks food and general goods
and is open all or most of the day and night.
Custom furnishings. Home furniture
and decorative objects built to a buyer's specifications.
Cyber cafe. A coffee house that
provides patrons with computer terminals for
browsing the Internet for a fee.
Day spa. Spa facilities that have no
overnight accommodations, but offer (an array of spa
treatments administered by licensed and certified spa
technicians) beauty, wellness and relaxation programs
that may last from a few minutes up to a full day.
Fortune-teller/psychic. Somebody who
makes predictions about the future through methods,
including but not limited to, astrology, palm reading,
psychic abilities, crystal balls, tarot cards, or
examining tea leaves.
Halfway house. A residential facility
used to house individuals being transitioned from
penal or other institutional custody back into the larger
society.
Hotel. A building, or part thereof, in
which sleeping accommodations are offered to the
public, with no cooking facilities for use by the
occupants, and in which there is a public living room
for the convenience of the guests. Access to the
sleeping rooms shall be through an inside lobby and
corridors.
Landscaped area. Open space area not
occupied by any structures or impervious surfaces, and
landscaped with vegetative material and ground covers
pursuant to the Landscape Code.
Medical outpatient facility. An esta-
blishment where patients who are not lodged over-
night, but are admitted for examination and treatment
by a group of physicians, dentists, or other health care
professionals.
Mixed use development. A
combination of two or more uses on a single parcel.
In the Mixed Use-High Intensity Zoning District, this
shall consist of a structure or series of structures
containing ground floor retail commercial with office
uses and/or housing above. In the Mixed Use-Low
Intensity Zoning District, mixed-use can refer not
only to uses within single building, but also to
different uses mixed in close proximity within a
single development.
Motel. A building or group of
buildings designed to provide sleeping
accommodations for transient or overnight guests.
Each building shall contain a minimum often (10)
residential units or rooms, which generally have
direct access to a parking lot, street, drive, court,
patio, etc.
Newsstand A stall, booth or store
where newspapers and magazines are sold.
Package liquor store. An
establishment where alcoholic beverages are
dispensed or sold in sealed containers for
consumption off the premises.
Recreation and entertainment, indoor.
An establishment offering recreation and
entertainment to the general public within an enclosed
building. Such uses include movie theaters, bowling
alleys, skating rinks, pool and billiard halls, game
arcades (pinball, computer), fitness centers, dance
studios, court sports and swimming pools.
Residential, multi-family. A building
containing three (3) or more dwelling units that
cannot be classified as single-family, attached.
Residential, single-family, attached
Two (2) or more one-family dwellings attached by
common vertical firewalls, whereby each unit has its
2002 S-18
34N Boynton Beach Code
own from and rear access to the outside, and no unit is
located over another unit. Examples of single-family
attached dwellings include duplexes and townhomes.
Shelter. A facility, which is not a hotel
or motel, used primarily for providing free or very
low-cost, short-term lodging for individuals who
would otherwise be homeless.
Soup k~tchen. A facility providing free
or very low-cost meals or distributing free or very
low-cost, pre-packaged foodstuffs to the public as part
of a charitable activity, program or organization.
Substance abuse center. A facility used
primarily for the treatment of individuals for alcohol
or drug abuse.
G. PLANNED COMMERCIAL
DEVELOPMENT DISTRICT.
1. Intent and purpose. A planned
commercial district (PCD) is established. The purpose
of this district is to provide a zoning classification for
commercial developments that will better satisfy
current demands for commercially zoned lands by
encouraging development which will reflect changes
in the concepts and the technology of land
development and relate the development of land to the
specific site, to conserve natural amenities and to
allow for the mitigation of negative impacts which
result from land development.
Regulations for the PCD are intended to
accomplish a more desirable environment for
commercial development in relation to existing and/or
future city development, permit economies in
providing public services, and to promote the public
health, safety, convenience, welfare and good
government of the City of Boynton Beach.
2. Definition. A "planned commercial
development":
a. Is land under unified control,
planned and developed as a whole in a single
development operation or a programmed series of
development operations for commercial buildings and
related uses and facilities;
2002 S-18
b. Provides for a commercial district
of efficient and harmonious design so arranged as to
create an attractive project readily integrated with and
having no adverse effect on adjoining or surrounding
areas and developments;
c. Is developed according to
comprehensive and detailed plans for streets, utilities,
lots, building sites, etc., and site plans, floor plans and
elevations for all buildings intended to be located,
constructed, used and related to one another, and
detailed plans for other uses and improvements on the
land related to the buildings; and
d. Includes a program for full
provision, maintenance, and operation of such areas,
improvements, facilities and services for common use
by the occupants of the planned commercial
development.
3. Unified control. All lands included in
a planned commercial development shall be under the
control of the applicant or his assigns (an individual,
partnership, or corporation or group of individuals,
partnerships, or corporations). The applicant shall
present satisfactory legal documents to constitute
evidence of the unified control of the entire area
within the proposed PCD. The applicant shall agree
to:
a. Proceed with the proposed
development according to the provisions of these
zoning regulations and conditions attached to the
zoning of the land to PCD;
b. Provide agreements, contracts,
deed restrictions, and sureties acceptable to the city
for completion of the development according to the
plans approved at the time of zoning to PCD and for
continuing operation and maintenance of such areas,
functions, and facilities as are not to be provided,
operated, or maintained at public expense; and
c. Bind their successors in title to
any commitments made under subsections 3a and b
above. All agreements and evidence of unified
control shall be examined by the city attorney and no
zoning of land to the PCD classification shall be
adopted without a certification by the city attorney
that such agreements
Zoning 340
and evidence of unified control meet the requirements
of these zoning regulations.
4. Standards for planned commercial
developments. In formulating recommendations and
reaching decisions as to the zoning of land to the
planned commercial development zoning
classification, the planning and development board
and City Commission shall apply the following
locational, utility and environmental standards
consistent with the comprehensive plan in addition to
the standards established in Section 9.C of these
zoning regulations applicable to rezoning of land
generally.
a. Relation to major transportation
facilities. A PCD shall be so located with respect to
major roadways or other transportation facilities as to
provide direct access to major transportation facilities
without creating or generating an unacceptable level
of traffic along streets in residential areas or districts
outside it.
b. Extensions of publicly owned and
maintained utilities and storm sewers, etc. shall be
constructed by the applicant at no expense to the city
and said utilities, etc. shall be deeded to the city clear
of any encumbrances. Construction standards
employed in the installation of publicly maintained
utilities and storm sewers shall be those promulgated
by the engineering and utility departments as amended
periodically. Concerning streets, consistent with the
intent of these regulations, any required roadway
improvements shall be constructed at the applicant's
expense including the dedication of additional rights-
of-way as noted in the traffic and circulation element
of the comprehensive plan and the replacement of
roadway capacity when applicable.
c. Physical character of the site. The
site shall be suitable for development in the manner
proposed without hazards to persons or property, on or
off the tract, from probability of flooding, erosion, or
other dangers, annoyances, or inconveniences.
Condition of the soil, groundwater level, drainage and
topography shall all be appropriate to both kind and
pattern of use intended.
5. Uses permitted, conditional uses, uses
requiring environmental review permit.
a. All uses listed in Section 6.C.1 of
these zoning regulations provided however, that uses
listed as conditional will not be required to secure
conditional use approval if shown on the master plan
required as a part of this submission, and uses will not
be subject to the minimum acreage requirements of
Section 6.C. 1. if the site meets the minimum acreage
requirement for rezoning to PCD and all portions of
any building dedicated to such use are separated from
residentially zoned property by a distance of 200 feet;
Uses which would require an environmental review
permit in the C-3 district shall also require such a
permit in accordance with Section 11.3, prior to being
established in a PCD district. Furthermore, the
planning and development board may require that any
other use obtain an environmental review permit,
prior to being established in a particular PCD. Any
use which uses, handles, stores, or displays hazardous
materials, or which generates hazardous waste, as
defined by 40 Code of Federal Regulations, Part 261,
shall require an environmental review permit in
accordance with Section 11.3.
and
b. Uses ancillary to permitted uses;
c. Commercial uses not listed in
Section 6.C. 1, but approved by the planning and
development board.
6. Uses prohibited.
a. All uses listed in Section 6.C.2 of
these zoning regulations.
7. Design criteria for planned commercial
developments. In addition to the design and
construction criteria established in other chapters or
sections of the Boynton Beach Land Development
Regulations, the following design criteria shall be
applicable to the zoning, design and construction of
planned commercial developments:
2002 S-18
34P Boynton Beach Code
a. Minimum land area. The
minimum land area for a planned commercial
development shall be three (3) contiguous acres.
b. Off-street loading. Every hospital,
institution, hotel or commercial building or similar use
requiring the receipt or distribution by vehicle of
materials or merchandise shall have one (1) off-street
loading bay for each twenty-five thousand (25,000)
square feet of gross floor area or fraction thereof. Off-
street loading areas shall be designed in such a manner
as to screen from view at ground level, parked
vehicles, a materials handling facilities including
compactors or dumpsters. For the purposes of this
section, screening is defined as a solid stucco masonry
wall painted on both sides.
c. Lot coverage. The total ground
floor area of all buildings and accessory structures
shall not exceed forty (40) percent of the plot on
which they are constructed.
d. Open lot areas. All open portions
of any lot shall have adequate grading and drainage
and shall be continuously maintained in a dust-free
condition by suitable landscaping with trees, shrubs or
planted ground cover. The design of such landscaping
and the measures taken to ensure its maintenance shall
be subject to the approval of the community
appearance board.
e. Planned commercial development
district setbacks:
Front yard 40 feet
Side yard 30 feet
Rear yard 40 feet
f. Peripheral greenbelt. The project
area shall be enclosed on all sides with the exception
of accessways for traffic and freight by a landscaped
greenbelt area with a minimum width often (10) feet
except when such property abuts a residential district
such greenbelt shall have a minimum width of twenty-
five (25) feet.
8. Procedures for zoning land to planned
commercial development. The procedure for zoning
land to the planned commercial development
classification shall be the same as for zoning lands
generally; however, because of the differences
between planned development districts and
conventional district boundary regulation changes, the
procedures and requirements which follow shall apply
to all applications for zoning to PCD in addition to
the general requirements.
a. Applications; materials to be
submitted. In addition to information required for
application for zoning generally, the applicant shall
submit the following materials or data:
(1) Legal documents assuring
unified control of the proposed PCD and the
agreements required under subsection 3 above.
(2) A master plan containing:
(a) The title of the project
and the names of the professional project planner,
engineer, surveyor and developer;
(b) Scale, date, north arrow,
and general location map;
(c) Boundaries of the
property involved, all existing streets, buildings,
water courses, easements, section lines and other
existing important physical features in and adjoining
the project;
(d) Site plan of locations of
land uses including but not limited to commercial
areas, greenbelts and proposed right-of-ways;
(e) Master plan showing
access and traffic flow; and
(f) Tabulations of total
gross acreage in the development and percentages
thereof to be devoted to the various land uses.
2002 S-18
Zoning 35
(3) Subdivision master plan
requirements not listed above.
(4) A market study indicating the
market area and demand for the facilities proposed.
9. Planning and development board
findings. After conducting a public hearing(s), the
planning and development board shall recommend to
the City Commission that the PCD zoning request be
approved, approved with modifications or denied. In
making its recommendation to the City Commission,
the board shall make findings that the applicant has
met the following requirements:
a. The requirements of Section 9C of
these regulations related to zoning generally;
b. The requirements for unified
control listed in Section 6F3 above;
above;
c. The standards listed in Section 6F4
d. The design criteria listed in
Section 6F7 above; and
e. Consistency with the adopted
comprehensive plan for Boynton Beach.
10. Conditions and stipulations. In
recommending zoning of land to the PCD
classification, the planning and development board
may recommend and the City Commission may attach
suitable conditions, safeguards, and stipulations, in
accord with standards set out in these zoning
regulations and in this section. The conditions,
safeguards and stipulations so made at the time of
zoning to PCD shall be binding upon the applicant or
his successors in interest. Deviations from the
approved master plan except in the manner herein set
out or failure to comply with any requirement,
condition, or safeguard, shall constitute a violation of
these zoning regulations. It is intended that no
conditions, safeguards or stipulations be required
which are not within the standards set out in these
zoning regulations and in this section and that
conditions, safeguards, and stipulations be clearly
related to the ends and objectives of these zoning
regulations and this section.
11. Time limit. The approval of the zoning
to PCD by the City Commission shall be in effect for
eighteen (18) months from the effective date of the
approval of the ordinance to rezone. Failure to record
a plat of record for the first phase of the development
or for the total development as the case may be within
the aforementioned eighteen (18) months shall result
in the approval of rezoning being subject to review by
the City Commission. The City Commission shall
direct staff to submit to the City Commission an
application which will down zone the property to the
original or appropriate zoning district. Following
such direction by the City Commission, no new
development permits affecting the property shall be
issued by the city until a final determination is made
by the City Commission following notice and public
hearing. Upon written request by the applicant prior
to the expiration of the PCD classification the City
Commission may extend for one (1) additional year,
the period for commencing platting procedures. In
granting such extensions, the City Commission
may impose additional conditions to insure
completion of the platting process and conform the
project to current development standards, and to
protect the health, safety and welfare of adjacent
developments.
12. Platting, site development plans and
building permits.
a. Platting. All planned commercial
developments are subject to and shall be developed
consistent with the requirements of Chapters 5 and 6
of the Boynton Beach Land Development
Regulations.
b. Site development plans. All plans
for lots or parcels proposed to be developed within
planned commercial developments are subject to and
shall be developed consistent with the requirements
of Chapter 4, Site Plan Review, Land Development
Regulations.
2002 S-18
36 Boynton Beach Code
c. Permits. No building permits shall
be issued unless and until platting procedures and the
requirements outlined in Chapter 5 of the Land
Development Regulations are completed in every
respect.
13. Changes in plans.
a. Modifications to approved plans
which result in an increase often (10) per cent or more
in measurable impacts such as traffic created, water
used or sewage or storm water generated or some
other comparable measure shall be processed as for a
new application for zoning to PCD.
b. Modifications to approved plans
which result in an increase of less than ten (10) per
cent in measurable impacts as determined by including
any changes in traffic generated, water consumed or
sewage to be collected will require review and
recommendation by the planning and development
board and final approval by the City Commission.
The City Commission decision to approve, approve
with modifications or deny, shall be predicated upon a
finding of consistency with the comprehensive plan
and a finding that any such increase will not result in a
negative impact on infrastructure delivery systems or
the surrounding area in general. It is the intent of this
section that all additional impacts be mitigated.
Modifications which result in an increase of less than
ten (10) percent in measurable impacts shall not
extend the expiration date of the eighteen month
approval of a PCD classification.
(Ord. No. 95-05, 8 1, 3-21-95; Ord. No. 95-24, 88 1, 2,
3, 8-15-95; Ord. No. 95-27, 8 1, 7-18-95; Ord. No. 95-
45, 8 1, 12-19-95; Ord. No. 96-51, 8 3, 1-21-97; Ord.
No. 97-24, 88 1, 2, 3, 7-1-97; Ord. No. 97-29, 8 1, 6-
17-97; Ord. No. 98-31, 8 2, 8-4-98; Ord. No. 99-38, 8
1, 1-4-00; Ord. No. 00-55, 88 3 and 4, 10-17-00; Ord.
No. 00-63, 88 2, 3, 4, 12-5-00; Ord. No. 00-16, 88 2
and 3, 3-20-01; Ord. No. 01-17, 8 1, 4-3-01; Ord. No.
01-30, 8 2, 7-3-01; Ord. No. 01-45, 8 3, 8-7-01; Ord.
No. 01-52, 8 2, 10-4-01; Ord. No. 02-024, 8 2, 6-18-
02; Ord. No. 03-010, 8 3, 4-1-03; Ord. No. 03-015, 8
2, 5-6-03; Ord. No. 03-016, 8 3, 5-20-03)
Sec. 7. Planned industrial development district.
A. INTENT AND PURPOSE. A planned
industrial development district (PID) is established.
The purpose of this district is to provide a zoning
classification for light industrial development that
will better satisfy current demands for light industrial
zoned lands by encouraging development which will
reflect changes in the technology of land development
and relate the development of land to the specific site
and to conserve natural amenities. Regulations for
the PID are intended to accomplish a more desirable
environment for industrial development in relation to
existing and/or future city development, permit
economies in providing public services, allow for
economies of scale in industrial development, and to
promote the public health, safety, convenience,
welfare and good government of the City of Boynton
Beach. PID districts may contain Mixed Use Pods
with retail, commercial, office, and residential
components, subject to the design and approval
criteria hereinafter set forth.
B. DEFINITION. A "planned industrial
development":
1. Is land under unified control, planned
and developed as a whole in a single development
operation or an approved programmed series of
development operations for industrial buildings and
related uses and facilities;
2. Provides for an industrial district of
efficient and harmonious design so arranged as to
create an attractive project readily integrated with and
having no adverse effect on adjoining or surrounding
areas and developments;
3. Is developed according to
comprehensive and detailed plans for streets, utilities,
lots, building sites, etc., and site plans, floor plans and
elevations for all buildings intended to be located,
constructed, used and related to one another, and
detailed plans for other uses and improvements on the
land related to the buildings; and
2003 S-20
Zoning 37
4. Includes a program for full provision,
maintenance, and operation of such areas,
improvements, facilities and services for common use
by the occupants of the PID, but will not be provided,
operated or maintained at public expense.
C. MINIMUM LAND AREA FOR PID. The
minimum land area for a planned industrial
development shall be twenty-five (25) contiguous
acres.
D. UNIFIED CONTROL. All land included
for purpose of development within district shall be
under the control of the applicant (an individual,
partnership, or corporation or group of individuals,
partnerships, or corporations). The applicant shall
present satisfactory legal documents to constitute
evidence of the unified control of the entire area
within the proposed PID. The applicant shall agree to:
1. Proceed with the proposed development
according to the provisions of these zoning regulations
and conditions attached to the zoning of the land to
PID;
2. Provide agreements, contracts, deed
restrictions, and sureties acceptable to the city for
completion of the development according to the plans
approved at the time of zoning to PID and for
continuing operations and maintenance of such areas,
functions, and facilities as are not to be provided,
operated, or maintained at public expense; and
3. Bind their successors in title to any
commitments made under subsection D. 1 and 2 above.
All agreements and evidence of unified control shall
be examined by the city attorney and no zoning of
land to PID classification shall be adopted without a
certification by the city attorney that such agreements
and evidence of unified control meet the requirements
of these zoning regulations.
E. USES PERMITTED. In the PID, a building
and its customary ancillary structures and land uses
may be erected, altered and occupied for any office,
professional, business (wholesale or retail),
educational
institution, adult entertainment in accordance with
Section 11.M., recreational and attractions as
defined for the industrial land use classification,
multi-family residential, and mixed use
residential/commercial uses in PID's totaling a
minimum of 500 acres or industrial use provided that
such use or uses is/are approved by the planning and
development board. In approving uses in the PID, the
planning and development board shall make findings
that the use or uses proposed will not be in conflict
with the performance standards listed in Section 4.N.
of these zoning regulations, and that the use or uses
proposed is/are consistent with the intent and purpose
of this section. For the purpose of this section,
educational institution shall mean a public, quasi-
public or private facility that offers instruction to
students for one (1) or more of the following needs:
preschool programming; tutoring; kindergarten,
elementary and secondary grades schooling; higher
learning for the purpose of granting degrees in a
particular field and occupational or industrial,
technical training. In addition, uses permitted are
subject to limitations as follows:
1. Outdoor storage of materials may be
permitted based on a finding of the planning and
development board that such storage does not exceed
fifteen (15) per cent of the total square footage of the
building site and that such storage is screened and
fenced to preclude exposure to the public; and
2. All uses proposed which are listed in
Section 8.A.3 shall require the issuance of an
environmental review permit as set forth in Section
11.3 of these zoning regulations. Furthermore, the
planning and development board may require that any
other use obtain an environmental review permit,
prior to being established in a particular PID.
Any use approved by the planning and development
board for a particular PID which uses, handles, stores,
or displays hazardous materials, or which generates
hazardous waste, as defined by 40 Code of Federal
Regulations, Part 261, shall also require an
environmental review permit in accordance with
Section 11.3 of these zoning regulations.
2002 S-18 Repl.
38 Boynton Beach Code
F. USES PROHIBITED.
1. Residential uses with the exception of
accessory hotels or motels. Multi-family and mixed
use residential/commercial uses are allowed in PID's
with gross acreage totaling at least 500 acres.
3.
processing.
4.
5.
6.
7.
Acid manufacture.
Cement and/or lime manufacture or
Lumber yards.
Asphalt and tar plants.
Manufacture or storage of explosives.
Packing plants, canning plants or
slaughter yards.
8. Petroleum storage, refining or transfer.
9. Stockyards.
10. Rendering plants or glue works.
11. Pulp or paper mills.
12. Parking of house trailers and use of
such trailers as living quarters.
Chemical plants.
Fertilizer manufacturing and/or
13.
14.
distribution.
15.
16.
17.
18.
19.
Crematoriums.
Dyeing plants.
Junk and salvage yards.
Sanitary landfill operations.
Smelting and casting operations (except
investment type casting).
20. Concrete mixing plants.
G. LOCATIONAL STANDARDS FOR
PID'S. In reaching recommendations and decisions
as to zoning land to PID the planning and
development board and the governing body shall
apply the following locational standards, in addition
to the standard's applicable to the rezoning of land
generally:
1. Relation to major transportation
facilities. A PID shall be so located with respect to
major roadways or other transportation facilities as to
provide direct access to it without creating or
generating traffic along streets in residential areas or
districts outside it.
2. Extensions of city-maintained
waterlines, sewer lines, pumping stations, streets and
storm sewers, etc., shall be constructed at no expense
to the city and all such construction shall be in
accordance with city ordinances and specifications.
3. Physical character of the site. The site
shall be suitable for development in the manner
proposed without hazards to persons or property, on
or off the tract, from probability of flooding, erosion,
or other dangers, annoyances, or inconveniences.
Condition of the soil, groundwater level, drainage and
topography shall all be appropriate to both kind and
pattern of use intended.
H. DESIGN CRITERIA.
1. Paving. All paving shall comply with
specifications and standards set forth and established
by the city engineer.
2. Off-street parking. One and one-half
(1-1/2) parking spaces shall be provided for each two
(2) employees on a maximum shift. In addition,
visitor parking shall be provided which is deemed
adequate to serve the needs of the particular use by
the planning and development board.
3. Driveways. In the interest of public
safety, no more than two (2) driveways shall be
permitted on to any single perimeter public right-of-
way, and interior driveways shall be limited to no
more than two (2) per developable parcel and interior
2002 S-18
Zoning 39
driveways shall be located no closer than one hundred
and fifty (150) feet from center line to center line.
4. Hotel and motel density. Permitted
density for hotel and motel development shall not
exceed twenty (20) units per acre.
5. Utility transmission lines, etc. All
utility transmission lines, conduits, conveyances or
other devices or apparatus for the transmission of
utility services and products, including all franchised
utilities, shall be constructed and installed beneath the
surface of the ground with the exception of main
overhead feeder lines. Appurtenances to these
systems which require aboveground installation shall
be effectively screened, and, thereby, may be excepted
from this requirement.
6. Solid waste and refuse disposal. Plans
for solid waste and refuse disposal shall conform to
and be approved by the city and county health
departments.
7. Sanitary sewage system. Sewage
system will be furnished and installed in accordance
with city standards and other pertinent city ordinances.
8. Public water system for both domestic
use and fire protection. Water systems must be
installed in accordance with city standards and other
pertinent city ordinances.
9. Storm water system. When approved
positive drainage is not available, on-site containment
of storm water run-off shall be provided by the
developer. Details of the on-site system shall be
approved by the city engineer.
10. Access to perform necessary public
services. The developer and/or owner shall dedicate
to city any easement that city deems necessary for
public services and said dedication shall provide that
developer and/or owner shall hold city harmless for
any of its acts performed within or abutting said
easements if any loss or damage is caused to abutting
property.
11. Off-street loading. In no instance shall
off-street loading facilities front on a public right-of-
way and in no event shall these facilities be located
within eyesight of residential district.
12. Plot coverage. The gross floor area of
the building and its accessory structures shall not
exceed sixty per cent (60%) of the plot on which it is
constructed.
13. Open space. Each plot to be developed
shall contain a minimum of twenty per cent (20%)
unobstructed, nonvehicular open space. All open
portions of any lot shall have adequate grading and
drainage, and shall be continuously maintained in a
dust-free condition by suitable landscaping with trees,
shrubs or planted ground cover. The design of such
landscaping and the measures taken to insure its
maintenance shall be subject to the approval of the
planning and development board.
14. Maximum building height. No
building or appurtenances thereof shall exceed forty-
five (45) feet in height.
15. Distance between buildings. No
building shall be constructed closer than twenty-five
(25) feet to another principal building on the same lot
or parcel of land.
16. District setbacks. Front, thirty (30)
feet; side, twenty (20) feet; rear, thirty (30) feet.
17. Peripheral greenbelt. The project area
shall be enclosed on all sides with the exception of
accessways for traffic and freight by a landscaped
area with a minimum width of twenty-five (25) feet
except when such property abuts a residential district
such greenbelt shall have a minimum width of forty
(40) feet.
It shall be the responsibility of the
owner or developer to carry out this requirement, and
to provide such maintenance or guarantee of
maintenance, subject to planning and development
board.
I. PROCEDURES FOR ZONING LAND TO
PID. The procedure for zoning land to the PID
classification shall be the same as for zoning land
generally. Because of the differences in PID
developments and the concept of unified control in
development, the following procedures and
requirements shall apply to applications for zoning to
2002 S-18
40 Boynton Beach Code
the PID classification in addition to the general
requirements.
1. Applications; materials to be submitted.
In addition to information required for application for
zoning generally, the applicant shall submit the
following materials or data:
a. Legal documents assuring unified
control of the proposed PID and the agreements
required under subsection D.
b. A master site development plan
containing:
(1) The title of the project and the
names of the professional project planner and the
developer;
(2) Scale, date, north arrow, and
general location map;
(3) Boundaries of the property
involved, all existing streets, buildings, watercourses,
easements, section lines and other existing important
physical features in and adjoining the project;
(4) Site plan of locations of land
uses including but not limited to industrial areas,
greenbelts and proposed rights-of-way;
(5) Master plan showing access
and traffic flow; and
(6) Tabulations of total gross
acreage in the development and the percentages
thereof to be devoted to the various land uses.
c. Repealedby Ord. No. 78-37, § 1.
J. PLANNING AND DEVELOPMENT
BOARD FINDINGS. After public hearing, the
planning and development board may recommend to
the governing body that the PID zoning be granted,
subject to stated stipulations and conditions, or
disapproved. In making its recommendations, the
planning and development board shall find that the
plans, maps, and documents submitted by the
applicant and presented at the public hearing do or do
not establish that the applicant has met the
requirements of
of subsection I of these regulations applicable to
zoning generally, and in addition:
1. The requirements of unified control
and agreements set out in subsection D;
2. The locational standards set out in
subsection G;
3. The internal PID standards set out in
subsection H;
4. The tract for the proposed PID is
suitable in terms of its relationships to the city
comprehensive plan and that the area surrounding the
proposed PID can continue to be developed in
coordination and substantial compatibility with the
PID proposed.
K. CONDITIONS AND STIPULATIONS. In
recommending zoning of land to PID classification,
the planning and development board may recommend
and the governing body may attach suitable
conditions, safeguards, and stipulations, in accord
with standards set out in these zoning regulations and
in this section. The conditions, safeguards and
stipulations so made at the time of zoning to PID shall
be binding upon the applicant or his successors in
interest. Deviations from approved plans except in
the manner herein set out or failure to comply with
any requirement, condition, or safeguard, shall
constitute a violation of these zoning regulations. It is
intended that no conditions, safeguards or stipulations
be required which are not within the standards set out
in these zoning regulations and in this section and that
conditions, safeguards, and stipulations be clearly
related to the ends and objectives of these zoning
regulations and this section.
L. TIME LIMITATION FOR
COMMENCING PLATTING.
a. Following City Commission approval
of an application for the zoning of lands to P.I.D., the
property owner shall commence platting of the
property within eighteen (18) months of the date of
commission approval. For the purposes of this
section, the commencement of platting shall mean the
filing of a plat by the developer with the city.
Zoning 41
b. If platting procedures are not
commenced within the eighteen-month time period
provided for herein, then the approval of rezoning
shall be subject to review by the City Commission.
The commission shall direct staff to submit to the City
Commission an application which will down zone the
property to the original or appropriate zoning district.
Following such direction by the City Commission, no
new development permits affecting the property shall
be issued by the city until a final determination is
made by the City Commission following notice and
public hearing.
c. Upon written request by the applicant
prior to the expiration of the eighteen-month time
period provided for herein, the City Commission
makes the time period for commencement of platting
procedures by a maximum of twelve (12) additional
months. In granting such extension, the City
Commission may impose additional conditions as it
deems necessary to ensure completion of the platting
process and to conform the project to current
development standards or, which are necessary to
preserve the health, safety, and welfare of adjacent
communities or developments.
d. Nonsubstantial changes in plans as
determined by the City Commission shall not extend
the time periods provided for herein.
M. PLATTING, SITE DEVELOPMENT
PLANS AND BUILDING PERMITS.
1. Platting. Following the zoning of land
to PID, plans and engineering drawings shall be
submitted to the city in accordance with procedures
established in city ordinances. The proposed plat shall
be in substantial compliance with the approved master
development plan submitted as part of the application
for zoning to PID. Phasing of the development of the
PID shall be permitted if the proposed plats(s) provide
for reasonable continued development in accordance
with the approved master plan.
2. Site development plans. Site
development plans shall be submitted in seven (7)
copies along with an application provided by the city
planner and a fee as adopted by resolution of the City
Commission. These site development plans shall
include but not be limited to the data and materials
required in Chapter 4 of the Land Development
Regulations. Furthermore, these site development
plans shall reflect the design criteria cited in
subsection H above.
3. Permits. No building permits shall be
issued unless and until platting procedures and the
requirements outlined in Chapter 5 of the Land
Development Regulations are completed in every
respect.
N. PLAN MODIFICATION. Master plans
approved during the process of rezoning to PID may
be considered for modification upon application to
the director of planning and zoning, submission of
acceptable documentation, and payment of the master
plan modification fee. The modification will be first
reviewed by the planning and zoning department to
determine whether the modification is consistent with
not only all current regulations but also the intent and
purpose of the comprehensive plan; and to determine
whether the change is substantial.
Upon completion of the administrative review,
findings will be forwarded to the planning and
development board which will review all submitted
documents as well as staff comments with all the
authority, functions, powers and duties vested in it by
Chapter 1.5, Article I, Section 4 of the Land
Development Regulations.
The planning and development board shall
recommend to the City Commission that they approve
the modification unconditionally, approve the
modification with conditions and/or
recommendations, or deny the modification. The
board shall also recommend to the City Commission
that the modification be considered either major or
minor.
Upon completion of the planning and
development board review, findings will be
forwarded to the City Commission. The City
Commission will first determine whether the
modification is major or minor. If the Commission
finds the modification to be major, the request will be
returned to the applicant for processing as a new
zoning application. The determination of what
constitutes a substantial change shall be at the sole
discretion of the Commission. If the Commission
determines that the modification is minor, it will review all submitted documents as well
1997 S-5
42 Boynton Beach Code
as staff comments and planning and development
board recommendations. The City Commission may
then approve the minor modification unconditionally,
approve the minor modification with conditions, or
deny the minor modification.
Non-substantial (minor) modifications will not
extend time limitations for development of property as
stipulated in LDR Chapter 2, Section 9, paragraph
C13.
O. ZONING ADMINISTRATOR. Building
permits. No building permit or certificate of
occupancy or zoning compliance shall be issued in or
for development in a PID district except in conformity
with all provisions of the zoning to PID classifications
and plans submitted under subsection M of these
zoning regulations.
P. MIXED USE PODS WITHIN APPROVED
PLANNING INDUSTRIAL DISTRICTS. The
following criteria shall apply to Mixed Use Pods
proposed for development within an approved PID:
1. Mixed Use Pod components and
definition.
a. For the purpose of this subsection,
a Mixed Use Pod is defined as a development project
located entirely within a previously approved PID
which, when complete, will have all of the following
USeS~
1) Multi-family residential.
2) Commercial/retail.
3) Office and professional.
The residential component of the
Mixed Use Pod may include fee simple and rental
dwelling units. A Mixed Use Pod is the aggregate of
all land within the PID designated for mixed use.
b. Definitions.
1) Master Site Plan. Master
Site Plan is the conceptual plan for the entire Mixed
Use Pod with which individual technical site plans
and buildings as processed by the Technical Review
Committee (TRC) are to be consistent. Plan
requirements of Master Site Plans are defined herein.
2) Technical Site Plan.
Technical Site Plans are development plans for one or
more lots submitted in compliance with Chapter 4,
Section 7, (A. through G.) and Section 8. Prior to
approval of the Master Site Plan, technical site plans
may be reviewed by the City Commission, for review
and approval of waiver requests for flexibility of
development regulations. Such plans shall meet the
regulations for technical site plans and shall
specifically list in the tabular data those specific
elements of the plan requiring waiver approval.
c. Permitted uses. Allowed uses in
the Mixed Use Pod shall be limited to those
conditional and permitted uses in the C-1 and C-2
zoning districts and the permitted uses in the C-3
zoning district along with the following additional
uses and provisions:
1) Offices only, for the sale of
new or used vehicles and boats;
2) Automobile wash
establishments if accessory to a principle use;
3) Retail sales of hardware and
building materials as described in the Land
Development Regulations, Chapter 2, Section 6.C. 1.
"i" and "aa" and Section 6.D. 1."f' (excluding item 14)
and including upholstery supplies, and 6.D. 1 ."h" (not
limited to the 2,000 square foot maximum) up to
10,000 square feet; wholesale of these goods or retail
sales uses in excess of 10,000 square feet, and
wholesale of similar goods regardless of floor area
shall require conditional use approval;
2002 S-18
Zoning 42A
4) Mini/self-storage uses
intended to serve a mixed-use project excluding all
exterior signage except for identification signage not
in excess of 3 square feet;
5) Outdoor display of
merchandise during business hours only; and
6) Any use not specifically listed
herein that is deemed consistent with these provisions
and reviewed consistent with the process described
below.
d. Uses prohibited. Prohibited uses
shall be limited to those uses listed as prohibited in the
PID regulations, with the addition of adult
entertainment uses; conditional uses as indicated in the
C-3 zoning district regulations; driveup, drive-in, and
drive-through features except on financial institutions;
and outdoor storage excluding outdoor display of
goods, except where specifically permitted in the
above section.
The approval of uses in a Mixed Use Pod shall be
processed in conjunction with the review of each
technical site plan, except conditional uses shall
require Commission approval. In the event a use is
proposed that is not listed under the allowed uses or
the prohibited uses, the Development Director or
his/her designee may approve the use administratively
as part of the site plan approval process if the use is
determined consistent with the intent and purpose of
the mixed use development. If the Director denies the
use, the applicant shall have the right to appeal the
decision directly to the City Commission as provided
in paragraphs 7. and 8. hereafter.
e. Maximum structure height.
Mechanical equipment which exclusively serves the
structure shall not be included in the calculations of
height.
2. Design standards for all components of
Mixed Use Pods shall be as set forth herein below.
Review and approval of a Mixed Use Pod shall be
conducted by review and approval of a master site
plan for the Mixed Use Pod (hereafter "Master Site
Plan") pursuant to the Technical Review process as set
forth in Chapter 4, LDR. Notwithstanding the
provisions of Chapter 4 to the contrary, the
submission requirements for the Master Site Plan are
as follows:
a. A sealed survey not older than six
months showing all adjacent streets, alleys and
driveways, and also illustrating:
1) Existing natural features.
2) Existing buildings and
structures, including use, height, dimensions and
setbacks.
3) Existing utility lines and all
easements.
4) Existing elevations (corder,
street and finished floor).
b. A scaled Master Site Plan
illustrating:
1) Proposed buildings and other
structures, and any existing buildings and structures
which are to be retained, including use, height,
dimensions and setbacks.
2) Proposed off-street parking
spaces, driveways and sidewalks, including location,
dimensions and setbacks.
3) Proposed fences and walls,
including location, dimensions, setbacks, height and
material.
c. A Landscape plan including the
following:
1) A separate scaled drawing (at
the same scale as the site development plan)
illustrating general location of trees, shrubs, grass and
other vegetation.
2) Proposed berms,
watercourses and other topographic features.
2001 S-15
42B Boynton Beach Code
irrigation.
3) A notation on method of
d. Architectural design standards
showing the following:
1) Design themes to be
followed, including materials.
2) Building colors and color
pallet options for accessory design elements.
3) All building and structure
maximum heights, plus height of mechanical
equipment.
4) Color elevation renderings
depicting representative design concepts applicable to
all structures.
e. A Tabular summary containing:
1) Total gross project area by
acreage and square footage and net buildable land area
in acres and square feet.
2) Total number of proposed
residential units, which shall not be less than 750
square feet per unit, unless a waiver is obtained as
provided in paragraph 3) below.
3) Proposed nonresidential floor
area by type of use and total gross square footage.
4) Number and ratio of off-street
parking spaces and depiction of loading areas.
square feet.
5) Water bodies in acres and
6) Height of buildings.
7) Land use/traffic trip
generation summary.
8) List/description of each
waiver request for flexibility of development
regulations.
9) The minimum and maximum
number of residential units, the minimum and
maximum number of total square footage of each
component of non-residential uses, and the initial
proposed numbers for each component.
f. An engineers drainage statement.
g. A proposed sign program for free
standing signs showing maximum dimensions,
graphic provisions, materials and lettering type.
3. Waiver of standard zoning regulations
allowed. In conjunction with the approval of the
Master Site Plan, or a technical site plan reviewed by
the City Commission, the City Commission may
waive or modify the standard zoning regulations for
the following:
a. Building setbacks.
b. Drive aisle widths and parking
dimensions.
c. Perimeter buffer widths.
d. Type and size of dwelling units.
e. Parking space requirements.
f. Internal landscape requirements.
g. Other waivers to development
regulations, except for height, which requires an
enabling Ordinance, as approved by the City
Commission.
The applicant shall justify each waiver request in
writing as part of the Master Site Plan application.
The nature of the request, the extent from which it
departs from the standard regulation, and the basis for
which it is sought shall be documented. Additional
documentation acceptable to the City, such as shared
parking studies or parking studies justifying a
reduction request, may be requested by the city for
their use in analyzing the waiver requests. These
approved waivers shall apply to individual Technical
Site Plans. Master site plans and technical site plans,
2001 S-15
Zoning 42C
or amendments to same, which contain waiver
requests shall be subject to the public notification
requirements applicable to a zoning code variance.
4. Following approval of the Master Site
Plan for a Mixed Use Pod, subsequent modification
of such Master Site Plan shall be subject to the
review/approval rules as follows. City Commission
approval is required for proposed changes which
violate the project's previously approved minimum or
maximum square footage of non-residential use,
increases in height above that which has been
approved by the Master Site Plan, increases in the
maximum number of residential units as indicated on
the Master Site Plan, elimination of principle open
spaces and principle pedestrian plazas, changes to
approved architectural design standards whereby
proposed architectural design standards are
inconsistent with approved architectural design
standards, or increases in degree of approved waivers.
All other revisions to the Master Site Plan including,
but not limited to the relocation of approved square
footage conversion of square footage from one
component to another (e.g. commercial to office) and
conversion from one use to another shall follow the
technical review committee portion of the site plan
review process except where stated herein.
5. Technical Site Plans review and
modification.
a. Following approval of a Mixed
Use Pod Master Site Plan, subsequent site plan
approval of all individual components of the Master
Site Plan (Technical Site Plans) shall be submitted to
the Development Director or his/her designee. The
contents of such submittal shall conform to the site
plan requirements set forth in LDR, Chapter 4. The
Development Director or his/her designee shall
determine in writing within fifteen (15) business days
of said submittal, whether the submittal is consistent
with the Master Site Plan, and if found inconsistent,
shall specify the inconsistency. If determined to be
consistent with the Master Site Plan, the final review
and approval shall be through the TRC review portion
of the Site Plan review process for determining
compliance with the LDR. A site plan submitted for
review which is determined, by the Development
Director or his/her designee, to be inconsistent with
the Master Site Plan shall be processed in accordance
with the standard procedures set forth in LDR,
Chapter 4, subject to applicant's right to appeal such
determination in accordance with provisions set out
in paragraphs 7. and 8. hereafter or to amend and
resubmit such site plan for reconsideration by the
Development Director or his/her designee.
b. Following approval of a
Technical Site Plan, subsequent modifications of such
Technical Site Plan, which are consistent with the
Master Plan, shall be subject to the review/approval
rules applicable to minor/major site plan
modifications as set forth in LDR, Chapter 4, Sec. 9,
subject to the following. If determined to be a major
modification it shall be processed in accordance with
the provisions of 5.a. above. The processing and
approval of any amendment to the Master Site Plan
required as a result of the modifications to a
Technical Site Plan shall be processed along with,
and in the same manner as, the processing of the
modifications to the Technical Site Plan, unless the
provisions of paragraph 4. above would require City
Commission approval.
6. Within ten (10) business days
following TRC review of a major modification of the
Master Site Plan, the review of a Technical Site Plan,
or review of a modification of a Technical Site Plan,
the Development Director or his/her designee, shall
issue a development order, incorporating the findings
of the TRC, which shall either approve the submittal
as submitted, approve the submittal with conditions,
or deny the submittal. Once a development order is
issued, the five (5) day review period has elapsed,
and all conditions have been satisfied, individual
buildings may be permitted individually. Buildings
permitted strictly through the permitting process may
not exceed the building envelope as shown on the
approved Technical Site Plan.
7. The applicant, or any aggrieved or
adversely affected party (as that term is defined by
and interpreted under F.S. § 163.3215) may request
review of the development order, or of a
determination by the Development Director or his/her
designee of inconsistency, or denying a proposed
unlisted use, by the City Commission. The request for
2001 S-15
42D Boynton Beach Code
review shall be in writing and filed with the City Clerk
within five (5) business days following issuance of the
order. No development order shall be final until
expiration of the five (5) day request for review period
if no request for review is made, or the City
Commission's disposition of the matter if a request for
review is made.
8. The City Commission shall conduct a
quasi-judicial review at a public hearing within 30
business days of the filing of the request for review.
Following review, the City Commission shall:
a. Approve the Development Order,
or
b. Modify the Development Order, or
c. Deny the Development Order. The
decision of the Commission shall be treated as final at
the conclusion of the voice vote on the agenda item
under consideration, notwithstanding later issuance of
a written order. The minutes of the Commission
meeting shall be conclusive evidence of the action of
the Commission. Review of final action by the
Commission shall be by Writ of Certiorari to the
Circuit Court.
9. Expiration of approved plans.
Approved Master Site Plans as described herein shall
remain valid indefinitely. Approved Technical Site
Plans shall remain valid for a period of two (2) years
pursuant to the terms listed in Chapter 4, Section 5.
(Ord. No. 96-51, 8 4, 1-21-97; Ord. No. 00-03, 88 1, 2,
3-21-00; Ord. No. 00-52, 8 1, 10-17-00; Ord. No. 02-
017, 8 1, 4-16-02; Ord. No. 02-033, 88 3, 4, 8-20-02)
Sec. 8. M-1 industrial district regulations and
use provisions.
A. M-1 INDUSTRIAL DISTRICT.
1. Permitted uses, no distance
requirement. Within any M-1 industrial district, no
building, structure, land or water, or any part thereof
shall be erected, altered or used, in whole or in part,
for other than one or more of the following specified
uses;
provided, however, that any use or process that would
be subject to a minimum distance requirement under
Section 8.A.2., would require an environmental
review permit under Section 8.A.3., would require
conditional use approval under Section 8.A.4., or
would be prohibited under Section 8.A.5. shall fully
comply with the provisions of those sections, where
applicable. No distance requirement other than
district setback regulations shall apply for the
following uses:
a. Manufacturing, fabrication, and
processing as follows:
(1) Bakery products.
(2) Ice and dry ice.
(3) Textile products, apparel,
and clothing accessories, manufactured from
purchased fabric and materials, excluding spinning,
weaving, knitting, dyeing, or treating of textile mill
products.
(4) Sailmaking and canvas
goods, including retail sale of goods manufactured on
premises.
(5) Leather cutting
stamping; fabricated leather products.
and
(6) Furniture, cabinets, and
wood fixtures, with gross floor area of shop not
greater than two thousand (2,000) square feet.
(7) Blind, shutter, shade, and
awning fabrication from wood, plastic, fabric, canvas,
or finished metal pieces.
(8) Converted paper and
paperboard products, limited to cutting, stamping,
folding, laminating, lining, coating, and treating of
purchased paper, paperboard, foil, sheet, or film
materials.
(9) Stone cutting and finishing.
goods.
(10) Statuary, ornaments, and art
2002 $-18
Zoning 42E
(11) Glass and glass products.
(12) Ceramic, pottery, and
porcelain products, using only previously pulverized
clay, and using kilns fired only by electricity or gas.
(13) Investment casting.
(14) Machinery, equipment,
appliances, parts, and tools, limited to assembly of
finished parts and materials.
premises, unless specifically allowed in accordance
with Sections 8.A. 1., 8.A.2., 8.A.3., or 8.A.4.
(3) Furniture and antique
upholstery, covering, and repairing.
services.
(4) Steam and pressure cleaning
(15) Electrical and electronic
goods, limited to assembly of parts and materials.
(16) Plastics, rubber, or fiberglass
products, limited to cutting and assembly of parts and
materials.
(17) Precision instruments, optical
equipment, photographic equipment, and clockwork
devices.
equipment.
(18) Medical and dental
(19) Household goods and other
small items such as jewelry, lapidary goods, personal
articles, toys, amusement devices, sporting goods,
musical instruments; stationary, office, and art
supplies; advertising specialties, novelties, ornaments,
notions, cookware, and flatware.
(20) Fruit packing and shipping.
(21) Artist and craftsman shops,
excluding retail display or sales on premises.
b. Commercial services as follows:
(1) Industrial, commercial, office
and professional equipment; service, repair, and
rebuilding, excluding uses specifically prohibited in
Section 8.A.5.
(2) Household goods; service,
repair, and rebuilding, excluding display or sale of any
new, used, or rebuilt merchandise at retail on
2001 S-15
42F Boynton Beach Code
Zoning 43
(5) Septic tank, sewer, and
drain cleaning and repair services, excluding storage,
treatment, transfer, dumping, or disposal of waste on
premises, provided that trucks used for the transport
of waste shall be parked and stored in conformance
with the minimum distance requirement specified in
Section 8.A.2.
(6) Packaging and labeling
services, excluding handling of materials prohibited
in Section 8.A.5.
(7) Lawn, garden, and tree
maintenance services; landscaping contractors.
(8) Recording and motion
picture studios.
(9) Catering and food services.
(10) Data processing services.
(11) Research and development
laboratories.
(12) Commercial testing
laboratories.
(13) Medical and dental
laboratories.
(14) Upholstery and carpet steam
cleaning businesses.
(15) Towing companies with
exterior storage.
(16) Vegetation recycling as a
conditional use to a solid waste operating and
recycling facility.
c. Storage, distribution, and
wholesale uses; retail display and sales shall be
prohibited unless specifically allowed in Sections
8.A. 1., 8.A.2., or 8.A.3.
(1) Warehouses, self service
storage facilities (mini-warehouses) in accordance
with Section 11.0 storage lockers, and cold storage,
excluding uses specifically prohibited in Section
8.A.5.
(2) Industrial, commercial,
office, professional, and business machinery,
equipment, fixtures, tools, and supplies, excluding
uses specifically prohibited in Section 8.A.5.
(3) Household goods; storage,
wholesale and distribution only; retail display or sales
shall be prohibited unless specifically allowed in
accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or
8.A.4.
(4) Building materials, home
improvement stores, lumber, door and window
hardware, shades, shutters, blinds, and awnings;
fencing, roofing, flooring, carpeting, tile, hardware,
tools, paint, wallpaper, shelving, cabinets, furniture,
partitions, kitchen and bathroom fixtures, pools and
spas, glass and mirrors, plumbing and electrical
supplies, and the like, including retail sales.
(5) Finished concrete, brick,
clay, and stone building and paving materials; sewer
and water pipe, and culvert; storage, distribution,
wholesale or retail sales.
(6) Pumps, generators, motors,
fire protection equipment, and irrigation equipment,
including retail sales.
(7) Heating, cooling,
ventilating, refrigeration, solar energy, water
conditioning and heating systems and equipment, and
major appliances, including retail sales.
(8) Pre-fabricated sheds,
including retail sale.
(9) Nurseries, greenhouses,
lawn and garden equipment, tools, and supplies,
including retail sale.
(10) Monuments and
gravestones, including retail sales.
(11) Feed and farm supplies,
excluding uses specifically prohibited in Section
8.A.5.
(12) Trucks, buses, farm
equipment, construction machinery, and utility
1996 S-1
44 Boynton Beach Code
trailers, including retail renting and sales.
(13) Passenger vehicles, boats
and pickup trucks, excluding any retail sales or
display, and excluding the keeping of vehicles in
violation of Chapter 10, Article III of the City of
Boynton Beach Code of Ordinances.
(14) Automobile, vehicle, and
boat parts, accessories, furnishings, and supplies; retail
sales or display shall be prohibited as a principal use
and shall be permitted only as an accessory use to
repair, service, rebuilding, or installation services,
where such services lawfully exist.
(15) Mobile homes, limited to
areas west of Interstate 95.
retail sales.
(16) Ice and dry ice, including
(17) Live fish.
d. Transportation, communication,
utilities, and miscellaneous uses as follows:
(1) Utilities, communications
facilities, government, and public utilities shops and
storage areas, police and fire stations, excluding uses
specifically prohibited in Section 8.A.5.
(2) Package express and
messenger service.
(3) Railroad switching yards,
freight stations and terminals, storage facilities, and
shops.
(4) Recycling pick-up facilities
for paper, glass, and cans from households.
(5) Trade and industrial schools.
(6) Radio or microwave
receivers or transmitting towers, as an accessory use to
a lawful principal use.
(7) Ambulance dispatch service.
(8) Community centers,
operated by non-profit organizations, provided that no
more than 40% of the floor space is devoted to office
use.
2002 S-17
(9) Gymnastic centers.
e. Any commercial use which is not
specifically listed as a permitted or conditional use in
any other zoning district, and which is not listed as a
prohibited use in the M-1 Zoning District.
2. Permitted uses subject to distance
requirement. Within any M-1 industrial district, no
building, structure, land, or water, or any part thereof
shall be erected, altered, or used, in whole or in part
for any of the following uses, unless a minimum
distance of three hundred (300) feet is maintained
between the use and residential-zoned property. Said
distance shall be measured along a straight airline
route from the property line of residential-zoned
property to the building or portion of the lot where the
specified use is located, except that those portions of
the lot or structure which are located within the
minimum distance may be used for lawful uses other
than the uses listed below, subject to district building
and site regulations.
Any use or process that would require
an environmental review permit under Section 8.A.3.,
would require conditional use approval under Section
8.A.4., or would be prohibited under Section 8.A.5.
shall fully comply with the provisions of those
sections, where applicable.
a. Manufacturing, fabrication, and
processing as follows:
(1) Plastic products, limited to
forming of plastics materials, including compounding
of resins. Establishment of such uses within the
minimum distance requirement specified above shall
require an environmental review permit.
(2) Rubber products, limited to
forming of rubber materials; excluding tire and
innertube manufacturing and rubber reclaiming.
Establishment of such uses within the minimum
distance requirement specified above shall require an
environmental review permit.
(3) Machine shops, welding and
metalworking shops, tinsmiths, sheet metal
fabrication, blacksmith shops; machining, stamping,
cutting, joining, forging, drawing, bending, or other
forming of metals as either a principal or accessory
use. Establishment of such uses within the minimum
distance requirement specified above shall require an
environmental review permit.
Zoning 44A
b. Other uses as follows:
(1) Asphalt paving, patching,
roofing, and sealcoating, excluding asphalt and tar
plants.
2000 S-14
44B Boynton Beach Code
Zoning 45
(2) Building cleaning and
janitorial services; swimming pool maintenance
services. Establishment of such uses within the
minimum distance requirement specified above shall
require an environmental review permit.
(3) Sandblasting on premises.
(4) Bulk storage, distribution,
wholesale or retail sale of topsoil, lime, gravel,
limerock, shellrock, coal, minerals, crushed rock,
sand, cinders, fertilizer, and the like, limited to an
accessory use to a building materials store, garden
shop, nursery, contractor, or other lawful principal
use.
food.
poultry products.
(1) Dairy products.
(2) Canned, frozen, or preserved
(3) Beverages and bottling.
(4) Confections.
(5) Prepared meat, seafood, and
(6) All other food products, not
specifically permitted in Section 8.A. 1. or prohibited
in Section 8.A.5.
(5) Trucking and transfer, and
moving operations.
(6) Contractors, operative
builders, and trade contractors shops and storage
areas. Establishment of such uses within the
minimum distance requirement specified above shall
require an environmental review permit.
(7) Parking or storage of trucks
used for the transport of septic tank waste or other
liquid wastes.
(8) Adult entertainment
establishments, in accordance with Section 11 .M.
3. Uses requiring environmental review
permit. Within an M-1 industrial district, no building,
structure, land, or water, or any part thereof shall be
erected, altered, or used, in whole or in part, for any
of the following specified uses, unless an
environmental review permit is secured in
accordance with the standards and procedures set
forth in Section 11.3; provided, however, that any use
or process that would be subject to a minimum
distance requirement under Section 8.A.2., would
require conditional use approval under Section
8.A.4., or would be prohibited under Section 8.A.5.
shall fully comply with the provisions of those
sections, where applicable.
a. Manufacturing, fabrication, and
processing as follows:
(7) Furniture, cabinets, and
wood fixtures, with gross floor area of shop of greater
than two thousand (2,000) square feet.
(8) Printing, publishing,
bookbinding, engraving, and allied industries.
(9) Pharmaceuticals and
biological products.
(10) Cosmetics.
(11) Plastics products, limited to
forming of plastics materials, including compounding
of resins, where such uses would be established
within the minimum distance requirement specified in
Section 8.A.2.
(12) Rubber products, limited to
forming of rubber materials, and excluding tire and
innertube manufacturing and rubber reclaiming,
where such uses would be established within the
minimum distance requirement specified in Section
8.A.2.
(13) Fiberglass fabrication and
repair, including fiberglass boat fabrication and
repair.
(14) Machine shops, welding and
metalworking shops, tinsmith, sheet metal fabrication,
and blacksmith shops; machining, stamping, cutting,
joining, forging, drawing, bending, or other forming
of metals as either a principal or accessory use, where
46 Boynton Beach Code
such uses would be established within the minimum
distance requirement specified in Section 8.A.2.
(15) Electrical and electronic
goods involving processes other than assembly of
parts or materials.
(16) Vehicles, transportation
equipment, and boats; farm and construction
machinery.
(17) Mobile homes, provided that
such uses shall be located west of Interstate 95.
(18) Plated ware manufacture;
industrial electroplating and anodizing as either a
principal or accessory use; replating shops.
(19) Chemical cleaning and
etching of metals, limited to an accessory use to a
lawful principal use only.
b. Commercial services and
contractors, as follows:
(1) Concrete contractors and
pumping service, excluding concrete plants.
(2) Contractors, operative
builders, and trade contractors shops and storage
areas, where such uses would be established within
the minimum distance requirement specified in
Section 8.A.2.
(3) Automobiles, buses, trucks,
and other motor vehicles; construction and farm
equipment; service, repair, rebuilding, and storage,
excluding the keeping of vehicles in violation of
Chapter 9, Article III, of the City of Boynton Beach
Code of Ordinances, and excluding automobile
service stations selling motor fuels at retail.
(4) Boat storage, service, repair,
rebuilding, and customizing.
(5) Furniture cleaning, stripping,
and refinishing.
and disinfecting services.
(6) Exterminating, fumigating,
(7) Print shops, photographic
laboratories, commercial photography, commercial
art, silkscreening, lithography, typesetting, and
blueprinting services.
(8) Uniform, towel, and linen
supply services; industrial launderers; laundry and
dry-cleaning plants, excluding retail pickup and drop-
off on premises; carpet and rug cleaning plants.
(9) Tire recapping.
(10) Building cleaning and
janitorial services and swimming pool maintenance
services, where such uses would be located within the
minimum distance requirement specified in Section
8.A.2.
c. Storage, distribution, wholesale,
and other uses, retail display and sales shall be
prohibited unless specifically permitted below or
elsewhere in this section.
(1) Petroleum and petroleum
products, including solvents and liquified petroleum
gas; bulk or nonbulk storage, sales, or distribution.
(2) Chemicals, pesticides, and
herbicides, excluding bulk storage, bulk sales, or bulk
distribution.
(3) Bulk or nonbulk wholesale
or retail sale of solvents and cleaning preparations,
including formulating of cleaning preparations for
sale on premises.
(4) Industrial and medical gases;
bottled or bulk storage, sales or distribution,
excluding chlorine, fluorine, ammonia, hydrogen
sulphide, sulphur dioxide, or toxic gases.
(5) Temporary amusement parks
and rides, fairs, carnivals, circuses, and revivals,
provided that all such uses shall have a minimum
frontage of two hundred (200) feet on a collector or
arterial road and the major access thereto, and that
the duration of any such use shall not exceed fourteen
(14) consecutive days within any one-year period.
d. Miscellaneous uses, as follows:
Zoning 47
(1) Any use which uses, handles,
stores, or displays hazardous materials, or which
generates hazardous waste, as defined by 40 Code of
Federal Regulations, Part 261.
4. Conditional uses. Within any M-1
industrial district, no building, structure, land or
water, or any part thereof shall be erected, altered, or
used, in whole or part, for one or more of the
following uses, unless a conditional use approval is
secured according to the standards and procedures set
forth in Section 11.2 of these zoning regulations;
provided, however, that any use or process that
would be subject to a minimum distance requirement
under Section 8.A.2., would require an environmental
review permit under Section 8.A.3., or would be
prohibited under Section 8.A.5., shall fully comply
with the provisions of those sections, where
applicable.
a. Manufacturing, fabrication,
processing, and extraction as follows:
crop processing.
(1) Grain and feed products;
(2) Vegetable fats and oils.
(3) Distilling and brewing.
(4) Seafood processing.
(5) Slaughtering and rendering
of meat and poultry processing, and dressing, from
carcasses.
(6) Stockyards and feeding pens;
keeping, raising, or slaughter of livestock, horses, or
poultry.
a. Millwork and truss plants,
provided that such uses conform to the minimum
distance requirement specified in Section 8.A.2.
b. Commercial television, radio and
microwave broadcasting or relay towers.
c. Arenas, stadiums, frontons,
convention and exhibition halls, and racetracks,
provided that all such uses shall have a minimum
frontage of two hundred (200) feet on a collector or
arterial road, and shall have the major access thereto.
d. Helistops, limited to an accessory
use to a lawful principal use.
e. Cutting of sub-primal portions of
meat and pre-cut poultry into serving portions
including packaging and shipping where pre-cut
portions (entering the facility) will not exceed 10
pounds and waste generated will not exceed 1% of
pre-cut product.
5. Prohibited uses. Within any M-1
industrial district, no building structure, land, or
water, or any part thereof shall be erected, altered, or
used, in whole or in part, for any use not specifically
allowed in accordance with Sections 8.A. 1., 8.A.2.,
8.A.3., or 8.A.4. of these zoning regulations, or for
any of the following expressly prohibited uses:
(7) Rendering of animal or
marine fats, oils, and other products; use of
unprocessed bones, fat, hooves, horns, or other
unprocessed animal products for the production of
glue, soap, lard, oils, or fertilizer.
refining.
(8) Sugar processing and
(9) Commercial production of
field or tree crops.
(10) Leather tanning, curing,
finishing, and coloring; storage of raw hides or skins.
(11) Tobacco processing and
tobacco products manufacturing.
(12) Weaving, spinning, knitting,
dyeing, or treating of textile mill products.
(13) Pulp mills; paper and
paperboard mills; converted paper and paperboard
products not specifically permitted in Section
8.A. 1.a.(8) of these zoning regulations.
(14) Chemicals and allied
products not specifically allowed elsewhere in this
section.
(15) Wood preserving, pressure
treating, and drying.
2000 $-12
48 Boynton Beach Code
(16) Fertilizer, pesticides,
herbicides, and agricultural chemicals.
(17) Explosives, ammunition,
matches, and fireworks.
(18) Petroleum refining.
coal products.
(19) Petroleum, asphalt, tar, and
(20) Plastics, manufacturing of
resins, primary plastics materials, synthetic rubber,
cellulose, and synthetic fibers.
(21) Rubber, manufacture of
primary rubber materials, tires and innertubes, and
rubber reclaiming.
(22) Soaps, detergents, and
cleaning preparations, other than mixing or blending.
(23) Paints, varnishes, lacquers,
enamels, and allied products, other than mixing or
blending.
(24) Cement, concrete, gypsum,
lime, and plaster manufacture, and products made
therefrom, other than those uses specifically
permitted in Section 8.A. 1 .a.
(25) Brick, firebrick, terra cotta,
clay pipe, structural clay tile, and refractories.
(26) Asbestos products.
(27) Processing of rock, sand,
gravel, shellrock, limerock, mineral earths, and the
like.
(28) Primary metals
manufacturing; smelting, refining, mills, furnaces,
and foundries, except as specifically allowed in
accordance with Sections 8.A. 1., 8.A.2., or 8.A.3.
(29) Drop forging.
(30) Chemical cleaning or etching
of metals as a principal use, or any chemical
descaling of metals.
(31) Coal or coke fired kilns and
furnaces; coke ovens.
(32) Mining or quarrying,
including removal of rock, sand, muck, marl, soil,
gravel, or shellrock, except as incidental or necessary
for construction on the premises.
(33) Aerosol filling and
packaging.
(34) Liquid, oil, or chemical
electric transformers, manufacture or rebuilding.
b. Storage, distribution, wholesale,
retail, and services, as follows:
(1) Any retail display or sale, not
specifically allowed elsewhere in this section.
(2) Farmers' markets.
(3) Flea markets, sales bazaars,
swap shops, trading posts, and the like; sale or display
of used retail merchandise, other than completely
rebuilt or refinished merchandise where such uses
would be allowed in accordance with Section 8.A. 1.
(4) Crematoriums and the like.
(5) Explosives, ammunition,
matches, and fireworks.
(6) Bulk storage, bulk
distribution, or bulk sale of chemicals and allied
products.
(7) Compressed chlorine,
fluorine, ammonia, hydrogen sulphide, sulfur dioxide,
or toxic gases.
(8) Bulk storage, bulk sale, or
bulk distribution of pesticides, herbicides, or
agricultural chemicals.
(9) Offices or restaurants, except
as an accessory use to a lawful principal use.
(10) Agricultural fertilizing, and
chemical pest, disease, weed, or soil treatment
services.
2000 S-12
Zoning 49
(11) Truck stops or automobile
service stations.
(12) Boarding kennels; guard dog
kennels and training services.
(13) Any open storage or display,
unless adequately screened, except that growing plants
which are stored or displayed shall not require
screening. Any exterior storage of motor vehicles or
boats in a wrecked condition shall be permitted only in
connection with a lawful principal use allowed
elsewhere in this section, and shall be adequately
screened. Furthermore, the open storage of farm
tractors and implements, shovels or cranes, and special
mobile equipment as defined by Section 316.003,
Florida Statutes shall be adequately screened.
c. Transportation, communication,
utilities, and miscellaneous uses as follows:
(1) Chemical and toxic waste
storage or disposal; tank truck cleaning.
(2) Land fill operations.
(3) Airports, airfields, and
landing strips.
(4) Heliports.
(5) Residences and trailer parks;
use of vehicles or house trailers as living quarters.
(6) Storage, sale, salvage,
transfer, or disposal of junk, scrap, garbage, offal,
refuse, or other waste materials, except as specifically
allowed elsewhere in this section.
(7) Recycling sorting or
processing facilities.
(8) Animal disposal facilities.
(9) Incinerators of any type.
6. Building and site regulations:
Minimum lot area 10,000 square feet
Minimum lot frontage None
Minimum front yard 15 feet*
Minimum side yard
(interior) 15 feet one side
Minimum side yard
(comer) 15 feet street side
Minimum rear yard 20 feet**
Maximum lot coverage 60 percent
Maximum height 45 feet, not to
exceed 4 stories
*Except where rear of the lot abuts a paved alley or
street, then no side setback shall be required.
**Where rear yard abuts a railroad right-of-way or
any paved alley, the rear yard may be reduced to ten
(10) feet.
Note: Where lots abut a residential area, the
corresponding side and/or rear setback shall be a
minimum of thirty (30) feet.
All necessary roof-mounted mechanical
equipment shall be sound baffled.
7. Off-street parking. As provided in
Section 11 .H. hereinafter.
(Ord. No. 95-23, 8 1, 8-15-95; Ord. No. 95-24, 8 4, 8-
15-95; Ord. No. 96-03, 8 1, 3-19-96; Ord. No. 00-04,
88 1, 2, 4-4-00; Ord. No. 00-34, 8 1, 7-18-00; Ord.
No. 01-57, 8 2, 11-20-01)
Sec. 8.5. Overlay zones.
A. MARTIN LUTHER KING BOULEVARD
OVERLAY ZONE.
1. General. With the completion of the
Vision 20/20 Redevelopment Plan, the City identified
a segment of the Martin Luther King Boulevard as an
area in need of redevelopment and revitalization.
This section is created to implement the development
and design recommendations in the Redevelopment
Plan intended to create a traditional street corridor
with
2002 $-18 Rcpl.
50 Boynton Beach Code
pedestrian improvements, storefronts along the
sidewalk, and a mixture of uses. The corridor is to
contain an ambience supported by pleasant signage
and building appearance, potted landscaping, store
windows and public open spaces. All development
within the Martin Luther King Boulevard corridor
shall occur according to the provisions of the adopted
plan as stated below.
2. Defined. The Martin Luther King
Boulevard Overlay Zone is hereby established as the
area defined by the parcels fronting on that portion of
the Boulevard located east of Seacrest Boulevard and
west of Federal Highway right-of-way, along with
those parcels adjacent to the north and south of these
parcels that front on the Boulevard if assembled and
development as a unified project.
3. Permitted uses. As currently defined in
Chapter 2(5)(G) and Chapter 2(6)(B).
4. Prohibited uses. Reserved
5. Development standards.
a. Parcels that have frontage along
Martin Luther King Boulevard shall have a minimum
front setback of 3 feet and a maximum front setback of
12 feet.
b. Minimum side setback from
interior lot lines shall be 5 feet, and a minimum of 3
feet and a maximum of 12 feet from comer lot lines.
c. Maximum building height shall be
30 feet and subject to other provisions of Chapter
2(4)(F).
d. Lot regulations stated within
Chapters 2(5)(G) and 2(6)(B) except where
superseded by the regulations stated herein.
6. Signs. Reserved
7. Design Standards. Reserved
8. Landscaping. Reserved
9. Parking.
a. Parking space requirements shall
be calculated in accordance with Section 11 .H. 16 of
these zoning requirements, and shall be reduced by
fifty percent (50%);
b. Required parking spaces shall be
owned or leased within one thousand (1,000) feet of
the building to be served.
(1) The distance requirements
shall be a straight line measurement from a point on
the boundary line of the property that is the subject of
the application to the closest boundary line of the
property on which the leased parking is located.
(2) The property that is the
subject of the application shall be posted with signage
indicating to patrons the location of the off-site
parking.
c. Lease arrangements to provide
required parking spaces shall be subject to approval
by the Community Redevelopment Agency.
(Ord. No. 00-30, § 1, 6-20-00; Ord. No. 02-014, § 1,
4-16-02)
Sec. 9. Administration and enforcement.
A. BUILDING PERMITS REQUIRED. No
structure or building shall hereinafter be erected or
structurally altered until a building permit has been
issued by the development director. All buildings,
structures, and uses of land shall comply with the
regulations of this ordinance and with all applicable
building and health laws and ordinances. Each
application for a building permit shall be
accompanied by a survey in duplicate, drawn to scale,
showing the actual dimensions of the lot or lots to be
built upon, the size of the building or structure to be
erected or structurally altered, its location on the lot
or lots, and such other information as may be required
as to provide for the enforcement of these regulations.
2002 S-18
Zoning 50A
B. CERTIFICATE OF OCCUPANCY. No
building or structure hereafter erected or structurally
altered shall be issued a certificate of occupancy until
the development director makes a finding that the
building or structure has been erected or structurally
altered in conformance with the provisions of this
ordinance, and of all other applicable ordinances.
C. COMPREHENSIVE PLAN AMEND-
MENTS: REZONINGS.
1. Intent. These zoning regulations may
from time to time be amended, supplemented, or
repealed. It is the intent of this subsection that the
planning and development board serve as an advisory
body to the City Commission with respect to such
amendments, in the manner herein set forth. All
proposed amendments shall be evaluated by the
planning department, planning and development
board, and City Commission for consistency with the
comprehensive plan and shall not be approved unless
found to be consistent with the comprehensive plan. It
is also the intent of this subsection that all rezoning
shall be in accordance with and serve to implement the
Local Government Comprehensive Planning and Land
Development Regulation Act. It is intended that the
applicant for a rezoning provide information which is
sufficient to determine whether the proposed rezoning
is consistent with the comprehensive plan. It is further
the intent of this subsection that, pursuant to Sections
163.3194, 163.3197, 163.3201, 163.3202, Florida
Statutes, the materials submitted by the applicant may
be imposed by the City Commission as requirements
or limitations with regard to subsequent development
of the property, and that the City Commission may
impose any other requirements or limitations, in order
to ensure that development of the property is
consistent with the comprehensive plan, and ensure
that impacts created by the development are mitigated.
This subsection shall apply to all rezoning
applications, and all revised master plans in the case of
planned zoning districts, which are submitted after the
effective date of the ordinance containing this
subsection.
2. General procedures.
a. Applications for amendments to
the official zoning map shall follow the procedure set
forth
in paragraph 3 through 15 below, with the following
exceptions:
(1) Where an ordinance to
rezone is initiated by the city pursuant to adoption of
the comprehensive plan in its entirety, an entire plan
element, or an evaluation and appraisal report the
following exceptions shall apply:
(a) Where the ordinance to
rezone would cover a total area exceeding five (5)
percent of the area of the city, only the requirements
set forth in paragraphs 3., 4.a.(4), 4.a.(5), 4.a.(6), 6.,
8.a., 9., la., 12., 14., and 15. shall apply; however
where the ordinance to rezone should cover a total
area exceeding five (5) percent of the area of the city
and is accomplished through the adoption of a new
official zoning map, the requirements of paragraphs
4.a.(4), 4.a.(5) and 4.a.(6) shall not apply.
(b) Where the ordinance to
rezone would cover a total area which is equal to or
less than five (5) percent of the area of the city, only
the requirements set forth in paragraphs 3, 4.a.(4),
4.a.(5), 4.a.(6). 4.e., 4.f., 6., 8., 9., la., 12., 14., and
15.
(2) The requirements contained
in paragraph 7. below shall not apply for rezonings
which do not require an amendment to the future land
use map and where the subject parcel is unplatted,
and shall not apply where rezoning is requested in
conjunction with an application for annexation, and
the rezoning would be consistent with the Palm
Beach County Comprehensive Plan, or where the
proposed zoning would be consistent with zoning or
land use recommendations contained in the City of
Boynton Beach Comprehensive Plan for the subject
parcel. All annexation applications shall, however,
be reviewed by the planning department with respect
to the annexation policies contained in the
comprehensive plan.
Where a rezoning application
would occur pursuant to an amendment to the future
land use map, the two (2) applications shall be
processed simultaneously as a single application,
except where provided for otherwise by Chapter 1.5,
2002 $-18
50B Boynton Beach Code
Section 7.C of the City of Boynton Beach Land
Development Regulations. The procedures set forth in
this paragraph shall also apply for applications to
amend the future land use plan, except where such
amendments would be included as part of the
adoption of the comprehensive plan on a plan in its
entirety, or the adoption of an evaluation and
appraisal report. Therefore, "rezoning" shall be
construed to include "future land use map
amendment" in this subsection, unless a specific
distinction is made between the two terms.
b. For amendments which would
change the type of uses allowed within particular
zoning districts or land use categories, or would
otherwise change the permitted uses of land, where
such amendments would occur pursuant to an
amendment to the comprehensive plan, the two
amendments shall occur simultaneously, except
where provided for otherwise by Chapter 1.5, Section
7.D of the City of Boynton Beach Land Development
Regulations.
2002 S-18
Zoning 51
c. The procedure for amending all
other provisions contained in the zoning regulations
shall be the same as the procedure for ordinance
adoption generally, as set forth in Florida Statutes and
the City of Boynton Beach Codes and Regulations.
3. Initiation of amendments.
Amendments to the zoning regulations and the future
land use plan shall be initiated only by the City
Commission, the planning and development board, or
by the petition of the owners of not less than fifty-one
(51) percent of the area involved in the amendment.
For amendments which are initiated by the City
Commission or planning and development board, the
documents, letters of consent, and information
specified in paragraphs 4.b., 4.c., 4.d., 4.h.(2), and
4.h.(3) below shall not be required. For amendments
which are initiated by less than one hundred (100)
percent of the property owners of the area involved in
the amendment, such documents and letters of consent
shall be required only for property owners who have
signed the petition for the amendment.
4. Materials to be submitted with
applications. The following materials shall be
submitted, in the number of copies specified by the
planning director:
a. An application, on the forms
provided by the planning department. Such
application shall include, at a minimum, the following
information:
(1) The name, address, and phone
number of all owners, applicants, and agents.
(2) A statement of the applicant's
interest in the development of the property.
(3) Intended use of the site.
(4) Existing zoning district and
proposed zoning district.
(5) Existing category shown on
the future land use map, and proposed category.
(6) Legal description of property
which is the subject of the application.
(7) Street address or location of
the subject parcel.
(8) Area of the subject parcel, to
the nearest hundredth (1/100) of an acre.
b. A copy of the last recorded
warranty deed.
c. The following documents and
letters of consent:
(1) If the property is under joint
or several ownership: A written consent to the
application by all owners of record; and
(2) If the applicant is a contract
purchaser: A copy of the purchase contract and
written consent of the owner and seller; and
(3) If the applicant is represented
by an authorized agent: A copy of the agency
agreement, or written consent of the applicant; and
(4) If the applicant is a lessee: A
copy of the lease agreement, and the written consent
of the owner; and
(5) If the applicant is a
corporation or other business entity: The name of the
officer or person responsible for the application, and
written proof that said person has the delegated
authority to represent the corporation or other
business entity, or in lieu thereof, written proof that
he is in fact an officer of the corporation.
d. A sealed boundary survey of the
subject parcel by a surveyor registered in the State of
Florida, dated not more than six (6) months prior to
the date of submission of the application, at a scale
prescribed by the planning department, and
containing the following information:
(1) An accurate legal description
of the subject parcel.
(2) A computation of the total
acreage of the subject parcel to the nearest hundredth
(1/100) of an acre.
2002 S-18 Repl.
52 Boynton Beach Code
(3) A tree survey, which
conforms to the requirements of the City of Boynton
Beach Tree Preservation Ordinance. This requirement
may be waived by the planning director where found
to be unrelated to the land use or zoning issues
involved with the application.
e. A complete certified list of all
property owners, mailing addresses, and legal
descriptions for all properties within at least four
hundred (400) feet of the subject parcel as recorded in
the latest official tax rolls in the county court house
shall be furnished by the applicant. Mailing labels or
addressed envelopes, and postage shall also be
provided. Said list shall be accompanied by an
affidavit stating that to the best of the applicant's
knowledge said list is complete and accurate.
f. A copy of the Palm Beach County
Property Appraiser's maps showing all of the
properties referred to in paragraph e. above, and their
relation to the subject parcel.
g. A statement by the applicant
justifying the zoning requested, including reasons why
the property is unsuitable for development under the
existing zoning and more suitable for development
under the proposed zoning.
h. A comparison of the impacts that
would be created by development under the proposed
zoning, with the impacts that would be created under
existing zoning. The maximum number of dwellings,
square footage, or intensity allowed by the proposed
zoning district shall be used to estimate impacts,
unless specific limitations on the number of dwellings,
density, or intensity are proposed by the applicant.
This comparison shall include the following:
(1) A comparison of the potential
square footage or number and type of dwelling units
under the existing zoning with that which would be
allowed under the proposed zoning or development.
(2) A statement of the uses that
would be allowed in the proposed zoning or
development, and any particular uses that would be
excluded.
(3) Proposed timing and phasing
of the development.
(4) Applications for rezoning to
commercial or industrial zoning districts which
exceed one (1) acre in area shall provide projections
for the number of employees. An estimate of the
number of employees shall not be required, however,
for applications which are initiated by the city.
(5) A comparison of traffic
which would be generated under the proposed zoning
or development, with the traffic that would be
generated under the current zoning; also, an analysis
of traffic movements at the intersections of driveways
that would serve the property and surrounding
roadways, and improvement that would be necessary
to accommodate such traffic movements. For
proposed developments which would generate over
three thousand (3,000) vehicle trips per day; or over
two hundred fifty (250) single-directional vehicle
trips within a one-hour period; or developments in the
hurricane evacuation zone of the city containing over
100 dwelling units, a traffic impact analysis shall be
required. Said traffic impact analysis shall include
projected trip generation for the development, for all
major roadways and intersections within one and one-
half (1.5) miles of the subject parcel, as well as traffic
that would utilize local streets through residential
zoning districts. Said traffic impact analysis shall
compare traffic levels between the existing zoning
and the proposed zoning or development of the
subject parcel, and shall take into consideration all
development that would be possible under the current
zoning within the city, adjacent cities, and within the
unincorporated area of Palm Beach County within a
radius of five (5) miles. For those parcels
lying in the unincorporated area of Palm
2002 $-18 Rcpl.
Zoning 53
Beach County, which are not currently zoned for
urban land uses, the potential land uses according to
the Palm Beach County Comprehensive Plan shall be
used. Where said parcels are shown on the Palm
Beach County Comprehensive Plan under residential
land use categories, the midpoint of the density range
shown on County Comprehensive Plan shall be used.
Where a county-wide study of traffic generation at
build-out has been adopted or is utilized by Palm
Beach County, the levels of traffic that are projected
by said study shall in all cases be used to project
background traffic in the traffic impact analysis
submitted by the applicant. The format and standards
used in the traffic impact analysis shall be the same
as those which are required by Palm Beach County,
with the exception of the requirements listed above.
Such traffic impact analysis shall include
recommendations for the mitigation of traffic
impacts, consistent with the standards which have
been adopted by or are utilized by Palm Beach
County. Traffic Impact Analyses required for
developments within the hurricane evacuation zone
must also include an evaluation of the effect of the
development on hurricane evacuation times.
(6) For parcels larger than one
(1) acre, a comparison of the water demand for
development under the proposed zoning or
development with water demand under the existing
zoning. Water demand shall be estimated using the
standards adopted by the Palm Beach County Health
Department for estimating such demand, unless
different standards are justified by a registered
engineer. Commitment to the provision of
improvements to the water system shall also be
included, where existing facilities would be
inadequate to serve development under the proposed
zoning.
(7) For parcels larger than one
(1) acre, a comparison of sewage flows that would be
generated under the proposed zoning or development
with that which would be generated under the
existing zoning. Sewage flows shall be estimated
using the standards adopted by the Palm Beach
County Health Department for estimating such flows,
unless different standards are justified by a registered
engineer. Commitment to the provision of
improvements to the sewage collection system shall
also be included, where the existing facilities would
be inadequate to serve development under the
proposed zoning.
(8) For proposed residential
developments larger than one (1) acre, a comparison
of the projected population under the proposed zoning
or development with the projected population under
the existing zoning. Population projections according
to age groups for the proposed development shall be
required, where more than fifty (50) dwellings or fifty
(50) sleeping rooms in the case of group housing,
would be allowed under the proposed zoning.
(9) At the request of the
planning department, planning and development
board, or City Commission, the applicant shall also
submit proposals for minimizing land use conflicts
with surrounding properties. The applicant shall
provide a summary of the nuisances and hazards
associated with development under the proposed
zoning, as well as proposals for mitigation of
nuisances and hazards. Such summary shall also
include, where applicable, exclusion of particular
uses, limitations on hours of operation, proposed
location of loading areas, dumpsters, and mechanical
equipment, location of driveways and service
entrance, and specifications for site lighting.
Nuisances and hazards shall be abated or mitigated so
as to conform to the performance standards contained
in the city's zoning regulations and the standards
contained in the city's noise control ordinance. Also,
statements concerning the height, orientation, and
bulk of structures, setbacks from property lines, and
measures for screening and buffering the proposed
development shall be provided. At the request of the
planning and development board or City
Commission, the applicant shall also state the type of
construction and architectural styles that will be
employed in the proposed development.
(10) At the request of the planning
department, planning and development board, or City
Commission, the applicant shall also submit the
following information:
(a) Official soil
conservation service classification by soil
associations and all areas subject to inundation and
high ground water levels.
(b) Existing and proposed
grade elevations.
1997 S-5
54 Boynton Beach Code
(c) Existing or proposed
water bodies.
(d) Form of ownership and
form of organization to maintain common spaces and
recreational facilities.
(e) A written commitment
to the provision of all necessary facilities for storm
drainage, water supply, sewage collection and
treatment, solid waste disposal, hazardous waste
disposal, fire protection, easements or rights-of-way,
roadways, recreation and park areas, school sites, and
other public improvements or dedications as may be
required.
(11) For rezoning to planned
zoning districts, the specific requirements for
submission of applications for rezoning to such
districts shall also be satisfied. Furthermore, all
materials required for a subdivision master plan shall
also be submitted.
5. Fees. Fees shall be paid at the time
that the application is submitted, according to the fee
schedule adopted by the City Commission by
resolution or ordinance.
6. Processing by planning department.
The planning department shall receive all
applications, review such applications for
completeness, and transmit copies of such
applications to the city clerk for public notice and/or
notification of surrounding property owners. The
planning department shall set a public hearing date
before the planning and development board, in
accordance with the schedule adopted by the City
Commission. The planning department or City
Commission may specify certain periods of time
during which applications must be submitted.
7. Report and recommendations by the
planning department. The planning department shall
evaluate applications with respect to the following
criteria:
a. Whether the proposed rezoning
would be consistent with applicable comprehensive
plan policies including, but not limited to, a
prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone
without written approval of the Palm Beach County
Emergency Management Division and the city's risk
manager. The planning department shall also
recommend limitations or requirements which would
have to be imposed on subsequent development of the
property, in order to comply with policies contained
in the comprehensive plan.
b. Whether the proposed rezoning
would be contrary to the established land use pattern,
or would create an isolated district unrelated to
adjacent and nearby districts, or would constitute a
grant of special privilege to an individual property
owner as contrasted with the protection of the public
welfare.
c. Whether changed or changing
conditions make the proposed rezoning desirable.
d. Whether the proposed rezoning
would be compatible with utility systems, roadways,
and other public facilities.
e. Whether the proposed rezoning
would be compatible with the current and future use
of adjacent and nearby properties, or would affect the
property values of adjacent and nearby properties.
f. Whether the property is physically
and economically developable under the existing
zoning.
g. Whether the proposed rezoning is
of a scale which is reasonably related to the needs of
the neighborhood and the city as a whole.
h. Whether there are adequate sites
elsewhere in the city for the proposed use, in districts
where such use is already allowed.
The planning department shall transmit
its findings and recommendations, together with the
application and materials submitted by the applicant
in paragraph 4.g. and h.(1) through h.(10) above to
the planning and development board. The planning
director may also solicit the comments of the
technical review committee members, with respect to
consistency of the proposed zoning with
comprehensive plan policies and with respect to
other
1997 S-5
Zoning 55
city policies and code requirements, and transmit
same to the planning and development board.
8. Public notice and notice to
surrounding property owners.
a. Applications for rezoning and/or
land use amendments shall be advertised consistent
with applicable requirements of Florida Statutes.
b. Where required in Section
9.C.2.a. above, owners of properties within four
hundred (400) feet of the subject parcel shall be
notified as to the nature of the application, and the
address or location of the property, and the time,
date, and place of the initial planning and
development board and City Commission hearings.
Said notification shall be by regular mail and shall be
postmarked not less than thirty (30) days prior to the
hearing before the planning and development board.
9. Action by planning and development
board. The planning and development board shall
conduct a public hearing, consistent with applicable
requirements of Florida Statutes. After conducting
the public hearing, the board shall recommend to the
City Commission either that the application be
approved, approved subject to modifications, or
denied. The planning and development board shall
base its recommendation upon findings, which may
be based on the report by the planning department, or
may be based on the materials submitted by the
applicant. If the planning and development board
votes to recommend approval of the rezoning, such
findings shall include a statement that the proposed
rezoning is consistent with the comprehensive plan.
Where the board recommends limitations or
requirements as conditions of rezoning, for other than
planned zoning districts, the board shall also include
a finding that such limitations and requirements are
necessary for consistency with the comprehensive
plan.
10. Action by City Commission. The City
Commission shall conduct a public hearing,
consistent with applicable requirements of Florida
Statutes. After conducting the public hearing, the
City Commission shall either vote to approve the
application, approve the application subject to
modifications, or deny the application. The City
Commission may not approve any rezoning which
increases residential density when the projected water
and sewer demand exceeds the estimates assumed in
the comprehensive plan of the city, Goal 3C Potable
Water. The City Commission shall base its action on
findings, which may be based on the
recommendations of the planning and development
board, the report by the planning department, or the
materials submitted by the applicant. If the City
Commission votes to approve the rezoning, such
findings shall include a statement that the proposed
rezoning is consistent with the comprehensive plan.
The City Commission may approve any zoning
district, land use category, or type and intensity of use
which is the same as or less intensive than that which
was requested in the application, or which covers the
same area or a lesser area than was requested in the
application, provided that such area does not extend
beyond the property described in the application. The
City Commission shall adopt an ordinance to amend
the official zoning map and future land use map, in
accordance with applicable requirements of the City
of Boynton Beach Land Development Regulations
and Florida Statutes. Where an amendment to the
comprehensive plan is proposed in conjunction with
an amendment to the zoning regulations, the
procedure set forth in Section 163.3184, Florida
Statutes, for review of such proposed amendments by
the state shall also be complied with. Where the City
Commission votes to impose limitations or
requirements as conditions of rezoning, for other than
planned zoning districts, the City Commission shall
also include finding that such limitations and
requirements are necessary for consistency with the
comprehensive plan.
11. Limitation on further consideration.
Within one (1) year after the date of final action by
the City Commission or withdrawal of the application
by the applicant, no application for like or similar
zoning may be submitted, with the exception of
applications which are initiated by the City
Commission.
12. Limitations on changes to application,
after application has been submitted. After notice of
the public hearing has been published or notification
has been mailed to surrounding property owners, the
application may not be modified before final adoption
of the ordinance to rezone, so as to include any areas
1997 S-5
56 Boynton Beach Code
outside of the parcel described on the original
application, increase the number or intensity of uses,
request a more intensive zoning, increase the number
or intensity of uses, request a more intensive zoning,
increase the height of proposed structures, increase
traffic levels on local streets through residential
neighborhoods, increase the floor area or number of
dwellings, or substantially increase the level of any
measurable impact, nuisance, or hazard, compared to
that which was shown in the original application. All
such changes shall require a new application.
Changes which decrease any of the impacts listed
above may be requested by the applicant,
recommended by the planning department or
planning and development board, or required by the
City Commission or State of Florida, without
requiring a new application.
13. Time limitation for development of
property. In the event that no site plan is submitted
and site plan approval only is required, or the first
plat is not recorded where platting is required, or a
conforming use is not established where platting or
site plan approval is not required, within eighteen
(18) months after final approval of the rezoning by
the City Commission, the City Commission shall
review the zoning of the property and take action as
specified in paragraphs a. or b. below. The
requirements of paragraph a. and b. below shall also
apply where site plan approval only is required and
site plan approval lapses:
a. The City Commission may extend
the zoning of the property for a period of one (1) year
or more, or may extend the zoning of the property
indefinitely. If development of the property in
manner specified above does not occur by the end of
said time extension, the City Commission may grant
additional time extensions or may take action in
accordance with paragraph b. below:
b. The City Commission may
instruct the city manager to file an application to a
more restrictive zoning district and/or future land use
map category. The zoning of the property shall be
considered to be extended until final adoption of the
more restrictive zoning district and/or future land
map use category.
14. Modifications to master plans of
planned zoning districts and modifications to
conditions of zoning for conventional zoning districts.
a. Planned zoning districts. Where
such modifications are proposed for a planned zoning
district, including any modifications to an approved
master plan, the procedure to be followed shall be that
which is specified in those respective sections of the
City of Boynton Beach Land Development
Regulations.
b. Modifications to requirements or
limitations imposed at time of rezoning, for
conventional zoning districts. Where changes are
proposed to the requirements and limitations which
were imposed at the time of rezoning in a
conventional zoning district, such changes shall
require review and recommendation by the planning
department and planning and development board, and
approval by the City Commission. Approval of such
changes shall be accompanied by a finding that such
changes are in accord with all regulations and
comprehensive plan policies in effect at the time of
the proposed change, and that such changes are not
sufficiently substantial so as to warrant a new
rezoning application. The determination of what
constitutes a substantial change shall be within the
discretion of the City Commission, however, any
proposed change that would increase the number of
stories, or that would increase the amount of water
consumed, the amount of sewage collected, or the
amount of traffic generated by more than ten (10)
percent, or that would create commercial or industrial
uses where not established by previously approved
zoning, or that would increase the area of property
zoned, shall in all cases require a new zoning
application.
15. Record of requirements and limitations
imposed at time of zoning or rezoning. The planning
department shall keep records of all requirements and
limitations imposed at the time of rezoning and shall
transmit a copy of same to the applicant, and make
same available for inspection by the public.
D. CIVIL REMEDIES FOR
ENFORCEMENT. In case any building or structure
is erected, constructed, reconstructed, altered,
repaired, or maintained, or any building, structure,
land, or water
1997 S-5
Zoning 57
is used in violation of this ordinance or any ordinance
or other regulation made under authority conferred
hereby, the proper local authorities, in addition to
other remedies, may institute any appropriate action
or proceedings in a civil action in the circuit court to
prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion,
maintenance, or use and to restrain, correct, or abate
such violation to prevent the occupancy of said
building, structure, land or water, and to prevent any
illegal act, conduct of business, or use in or about
such premises. (Ord. No. 96-51, § 5, 1-21-97; Ord.
No. 96-51, § 5, 1-21-97)
Sec. 10. Reserved.
Sec. 11. Supplemental regulations.
A. NEWSRACK REGULATION WITHIN
THE CENTRAL BUSINESS DISTRICT AND THE
COMMUNITY REDEVELOPMENT AREA.
1. Definitions. For the purpose of this
subsection, the following definitions shall apply:
a. Newsracks. Any type of
unmanned device located on public property utilized
for the vending of free distribution of newspapers or
news periodicals.
b. Public right-of-way. Any public
street, highway, sidewalk, parkway or alley.
c. Distributor. Any individual or
business entity engaged in the dissemination of any
publication utilizing a newsrack located in the City of
Boynton Beach.
d. Palm Beach County Traffic
Engineering Standards'. Those specific standards
developed by Palm Beach County, and as amended
from time to time.
2. Purpose and criteria. The purpose of
this chapter is to promote the public health, safety
and welfare through the regulation of placement,
type, appearance, servicing and insuring of
newsracks
on public rights-of-way located within the Central
Business District and Community Redevelopment
Area of the city so as to:
a. Provide for pedestrian and driving
safety and convenience;
b. Restrict unreasonable interference
with the flow of pedestrian or vehicular traffic
including ingress into or egress from any residence or
place of business, or from the street to the sidewalk
by persons exiting or entering parked or standing
vehicles;
c. Provide for public and property
safety during severe weather conditions;
d. Provide reasonable access for the
use and maintenance of poles, posts, traffic signals,
hydrants, mailboxes and access to locations used for
public transportation purposes;
e. Relocate and/or replace newsracks
which result in a visual blight and/or excessive space
allocation on the public rights-of-way, or which
unreasonably detract from the aesthetics of store
window displays, adjacent landscaping and other
improvements, as well as to have abandoned
newsracks removed;
f. Maintain and protect the values of
surrounding properties and prevent damage to grass
right of way areas;
g. Reduce unnecessary exposure of
the public to personal injury or property damage.
h. Treat all newspapers equally,
regardless of their size, content, circulation or
frequency of publication;
the press;
i. Maintain and preserve freedom of
j. Cooperate with newspaper
distributors.
3. Newsrack permit. No person shall
place, affix, erect, construct or maintain a newsrack
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58 Boynton Beach Code
on or within the public right-of-way without first
obtaining a one-time only certificate of compliance
for each newsrack in accordance with the provisions
of this subsection.
4. Application and issuance of newsrack
ordinance.
a. Issuing authority. The issuing
authority and coordinator shall be the City Manager
or his/her designee. The City Manager of his/her
designee shall oversee the various departments
responsible for fairly coordinating and administering
the physical placement of newsracks of the type and
location herein specified, and upon compliance with
the criteria set forth herein, the City Manager or
his/her designee shall be responsible for the issuance
of the certificates of compliance.
b. Applications. The applicant shall
file with the City Manager or his/her designee, a
written application for the installation of a
newsrack(s), which shall contain the following
information:
1. The name, address and
telephone number of the applicant, who is the owner
and/or principal in responsible charge of the
newsrack(s).
2. The name, address and
telephone number of a responsible person whom the
city may notify or contact at any time concerning the
applicant's newsracks.
3. The applicant shall identify
the location and/or address where the newsrack will
be located. Such information should be in sufficient
details so as to allow the city to precisely locate the
newsrack so as to ensure that its intended location
satisfies their criteria and safety standards set forth in
this chapter.
4. Names of newspapers or
periodicals to be distributed by the applicant at that
location.
5. Type or brand of newsrack,
including an illustration and description of the
newsrack and mount if other than a single pedestal.
The newsrack shall be of a modular style that meets
the criteria set forth in this section and provide for
installation that meets wind load standards as
provided for in this section.
c. Issuance of certificates of
compliance. Upon a finding by the City Manager or
his/her designee that the applicant is in compliance
with the provisions of this chapter, a certificate of
compliance shall be issued for installation by the
newspaper distributor in accordance with the
application and the provisions of this chapter. The
certificate of compliance may be subject to conditions
relative to location and duration of time that the
newsrack may be permitted.
d. Denial of certificate of
compliance. If a certificate of compliance for a
newsrack location(s) applied for shall be denied, the
applicant will be notified of the specific cause of such
denial. The notice of denial will suggest alternative
location(s). The applicant may reapply for substitute
alternative location(s) at no additional certificate of
compliance fee. For purposes of this section, a denial
shall be based upon a determination by the City
Manager or his/her designee, that the application has
failed to comply with either the standards, criteria
and/or requirements of this chapter.
e. Additional newsrack certificate(s)
of compliance. If at any time after initial application
for a certificate of compliance, a distributor wishes to
install additional newsracks, then the above
application paragraph is to be repeated in accordance
with the provisions of this section. Additional
certificate(s) of compliance fee(s) shall be in
accordance with this section, except that the $50.00
distributor's fee is waived if previously paid.
5. Insurance.
a. Prior to the issuance of a
certificate of compliance by the City Manager or
his/her designee, the applicant shall furnish to the city
a certificate of insurance. The certificate of insurance
shall state that the City of Boynton Beach is an
additional insured.
b. Reasonable evidence of
equivalent self-insurance coverage may be substituted
by theapplicant for the above certificate of
insurance,
2000 S-12
Zoning 58A
subject to the approval of the Risk Management
Division of the City of Boynton Beach. Insurance
under this section shall run continuously with the
presence of the applicant's newsrack(s) in city rights-
of-way, and any termination or lapse of such
insurance shall be violation of this chapter, subject to
appropriate remedy by the Code Enforcement
Division under the applicable sections of the Code of
the City of Boynton Beach.
6. Fees. There shall be a one-time only
application fee in the amount of $50.00 for each
applicant plus $10.00 per newsrack location selected
by each applicant. Failed inspections are subject to a
re-inspection fee of $5.00. All of the above fees will
be used to defray administrative expenses related to
this subsection.
7. Appeals. An applicant who is denied
issuance, re-issuance or transfer or a certificate of
compliance or whose certificate has been revoked
may, within five (5) business days of the denial or
revocation, appeal the denial or revocation to the City
Manager in writing. Within seven (7) business days
of receipt of the appeal, the City Manager or his/her
designee shall review the application, the denial or
revocation, and any information the applicant
discloses in its written appeal and either sustain or
reverse the city's denial or revocation. The decision
of the City Manager or his/her designee on appeal is
subject to judicial review as provided by the Florida
Statutes.
8. Installation and maintenance.
a. The exterior dimensions are for
newspaper racks up to six (6) publications as follows:
each rack shall utilize a 19" rectangular pedestal with
dimensions of 8" x 6 ½" with a height of 19". The
newsrack(s) shall have dimensions which shall have a
height of 55" with a depth (measured from front to
back) of 16" and a width across the front of the
newsrack of 24 1/8". The newsrack shall be ofa "K"
style, "TK" style, or free style.
b. Newsracks shall have gloss
pedestals, gloss sides and door and gloss coin box
coated per standard specifications. The height of the
cabinet top of all newsracks shall not exceed thirty-
nine (39) inches above the finished grade level. The
color of all newsracks being installed pursuant to this
chapter shall be teal.
c. Newsracks shall carry no
advertising except the name of the publication being
distributed and cardholders kept in neat and untorn
condition describing the publication being distributed.
d. Newsracks for free newspapers
may omit the coin box and may have the pull bar
welded to the door to produce an ~Honor Rack."
e. Newsracks shall be maintained in
good working order at all times, freshly painted with
unbroken hoods.
f. The name, address and telephone
number of a responsible person who may be
contacted at any time concerning the newsrack shall
be displayed on the hood of the newsrack in such a
manner as to be readily visible and readable to a
prospective customer thereof.
g. Newsracks may have a color band
to be approved by the City Manager or his/her
designee, which shall have a width of 2 ½".
Distributors may place lettering within the color band
not to exceed 2 ½" in height on the front, side and
back of each newsrack provided such lettering is
either in black or white.
9. Newsrack mounting standards. The
following standards shall be applicable to the
mounting of newsracks in the City of Boynton Beach:
a. Newsracks may be mounted to an
existing concrete sidewalk subject to requirements of
Section 11 A. 10.
b. The newsrack foundation(s)
manufactured as a prefabricated reinforced concrete
slab shall have a minimum three and one-half (3 ½)
inch thickness, a minimum twenty-eight (28) day
compressive strength of 2500 pounds per square inch
(p.s.i.) and meet the wind load requirements of the
Palm Beach County Edition of the South Florida
Building Code.
c. The newsrack foundation(s) cast-
in-place concrete slab shall have a minimum four (4)
inch thickness, a minimum twenty-eight (28) day
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58B Boynton Beach Code
compressive strength of 3000 pounds per square inch
(p.s.i.) and meet the wind load requirements of the
Palm Beach County Edition of the South Florida
Building Code.
d. Minimum three eighths (3/8) inch
diameter bolts through the four (4) comers of the
newsrack pedestal base with a minimum embedment
into the concrete foundation of three (3) inches.
e. Two (2) inch minimum concrete
edge distance for bolts.
f.
concrete edges.
One half (1/2) inch chamfer on all
10. Criteria and safety standard. All
mounting and placement of newsracks shall comply
with the adopted Palm Beach County Traffic
Engineering Standards.
a. Placement in public rights-of-way
located within the CBD and CRA. No newsrack
shall be placed, installed or maintained:
(1) Within the thirty (30) foot
site visibility triangle of a public or private roadway
as measured from the intersection from a public or
private roadway.
(2) Within thirty (30) feet from
the intersection of public or private streets.
(3) Within twenty (20) feet from
any marked crosswalk not in an intersection.
(4) Within the twenty (20) feet
site visibility triangle of a private driveway, as
measured from the intersection of a public roadway
and the edge of the private driveway.
(5) Within fifteen (15) feet of
any fire hydrant or other emergency facility.
(6) On or within two (2) feet of
traffic related signs, street lights or utility poles.
(7) Within a median, which is
defined as a landscaped or paved island in the center
of the public right-of-way.
(8) Within five (5) feet ahead of
and fifteen (15) feet to the rear of any sign marking a
designated bus stop, measured along the edge of the
pavement.
(9) Within two (2) feet of any
bus bench or shelter.
(10) At any location whereby the
clear space for the passageway of pedestrians is
reduced to no less than thirty-six (36") inches.
(11) Facing another newsrack,
divided by the width of a pedestrian walk (sidewalk
or bikepath).
(12) With three (3) feet of any
display window of any building abutting the sidewalk
or in such a manner as it impedes or interferes with
reasonable use of such window display or access to
and from a building entrance.
b. General. The general prohibitions
common to all business as specified in the Code of
Ordinances shall be applicable.
11. Enforcement procedures - non-
conforming newsracks.
a. In the event any newsrack
installed pursuant to this chapter is not maintained in
conformity with this section, it shall be subject to
appropriate action under the applicable chapters of
the Code of Ordinances and referred to the Code
Compliance Board for enforcement purposes. The
Code Compliance Board is hereby empowered to levy
a fine if it is not properly maintained as required by
this section.
b. In the event a distributor desires
to voluntarily abandon a newsrack location, said
distributor shall notify the City Manager or his
designee, completely remove the newsrack and
mount, and restore the public right-of-way to a safe
condition as determined by the city, leaving no holes
or projections on the mounting surface.
c. Newsracks not in compliance with
this subsection shall be subject to removal as ordered
by the Code Compliance Board.
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Zoning 59
B. CLUSTER DEVELOPMENTS. A cluster
of groups of two (2) or more single-family structures
may be permitted in all residential districts with the
following requirements:
All cluster housing development plans shall
be submitted to the planning and development board
as a planned unit development.
C. NURSERY AND/OR OTHER PRE-
SCHOOL FACILITIES:
1. Day care and other preschool facilities
shall comply with the state health department and all
other regulatory agency requirements.
2. The building height, setbacks, parking
and total floor area shall be governed by the
applicable zoning district.
3. The following applies to facilities to
be located within zoning districts limited to single
family homes:
a. Building design shall be
consistent with surrounding residential styles;
b. Located along the following
roadway types as designated in the City of Boynton
Beach Comprehensive Plan: state arterials, county
arterials, and county collectors;
(0.5) acre;
c. Minimum site size of one-half
d. Minimum separation requirement
between commercial daycare business shall be 2,000
feet (this distance separation requirement should not
apply to daycare uses limited to specific groups such
as church members, and should not be intended to
place restrictive limits on the expansion/improvement
of those uses existing prior to codification); and
e. Similar buffer (wall) regulations
for commercial uses that abut residential zoning
districts should apply, and distances between
outdoor
play areas and adjacent single family homes shall be
maximized.
D. HOME OCCUPATIONS. Home
occupations shall be permitted subject to these
specific regulations designed for the protection of
residential neighborhoods, where all of the activity
takes place within a structure, and where the principal
use is for residential purposes.
In order for any home occupation to be
permitted or continue to be permitted, the following
performance standards shall be agreed to in writing
by the applicant and be maintained for the duration of
the occupational license:
1. The residential character and integrity
of the neighborhood must not be disturbed and the
occupational activity at the home shall not be
noticeable from off the premises.
2. A home occupation shall only be
conducted within twenty (20) percent of the living
area of the dwelling including interior halls, closets
and storage areas, but excluding garages, screened
porches, accessory buildings or any similar space not
suited or intended as living quarters.
3. The home occupation shall be
conducted at the licensed address only by residents of
that dwelling unit and shall only be the type of
occupation which does not involve client business
visits to the home, and is typified by business
transactions conducted by telephone, mail, or off
premises of the licensed address.
(The giving of individual instruction to
one (1) person at a time, such as an art of piano
teacher, shall be deemed a home occupation).
4. No equipment or process shall be used
in a home occupation which creates fumes, glare,
noise, odors, vibration, or electrical interference
detectable to the normal senses off the lot, if the
occupation is conducted in a single-family residence,
or outside the dwelling unit if conducted in other than
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60 Boynton Beach Code
a single-family residence. In the case of electrical
interference, no equipment or process shall be used
which creates visual or audible interference in any
radio or television receivers off the premises.
5. No traffic shall be generated by a
home occupation in greater volumes than would
normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of
a home occupation shall be met by off-street parking
which complies with Chapter 23, Parking Lots.
6. All storage of materials or supplies
used in the home occupation shall be done within the
living area of the dwelling unit, within the space
limitations specified in subsection 2 above and shall
not be visible from adjacent residential units.
Contractors, tradespersons and the like shall not use
their home garage or yard areas for storage of
materials and supplies used in business activities.
7. No sign or display shall be visible
other than a nonilluminated sign, not exceeding two
(2) square feet in area, placed on the exterior wall of
the residence as close as practical to the front
entrance.
8. A panel, pick-up truck, van, or similar
type of truck, not over one ton chassis configuration
may be parked in a residential zoning district. Such
vehicle, however, must be used by a resident of the
premises, and no more than one (1) such truck shall
be located on each plot.
9. A home occupation shall be subject to
all occupational license provisions defined in chapter
13 of the Boynton Beach Code of Ordinances.
E. SWIMMING POOLS. Swimming pools
shall be located, designed, operated and maintained
in accordance with the city swimming pool ordinance
and shall be subject to the approval of the
development department. No swimming pool shall
be constructed closer than eight (8) feet from any
property line, except that above ground swimming
pools shall meet a ten (10) foot rear setback. All other
setback requirements for the applicable zoning
district shall apply to above ground pools. No
swimming pool
shall be built in front of the building line. On comer
lots, pools will comply with the comer lot setback
requirements of the applicable zoning district.
2000 S-13
1999 S-11
Zoning 61
F. SCREEN ENCLOSURES. All screen
enclosures (screen walls and screen roof) shall
comply with building side yard setback. No screen
enclosure shall be constructed closer than eight (8)
feet from rear property line and no screen enclosure
shall be constructed in front of the building line. On
comer lots, property bordering both streets shall be
considered as front yards.
G. TOWN HOUSE. All town house
developments shall conform to the district zoning and
shall meet the following minimum requirements:
1. Each town house shall have its own lot
area, each yard private and reasonably secluded from
view of streets or neighboring property.
2. Each town house shall have a direct
automotive access from the off-street parking space
to a public street.
3. All outdoor, rear yard areas used for
drying of clothes shall be screened from view from
the street and from adjoining yards and lots.
4. Parking space shall be provided for as
by Section 11-H.
H. PROVISION OF OFF-STREET
PARKING SPACES.
1. All off-street parking areas shall
conform to the design and layout requirements of
Chapter 23 of the City of Boynton Beach Land
Development Regulations, and shall be approved
according to the procedures contained therein.
2. For all required residential district
parking spaces not within an enclosed garage, the
first parking space shall be the minimum of the
current city standard for a handicap space exclusive
of public or private right-of-way. All other spaces
where multiple vehicle parking is required shall be
provided in accordance with current city standards
exclusive of public or private right-of-way. All
spaces, regardless of size, must comply with all
provisions of the Land Development Regulations,
and shall be maintained and drained so as to prevent
nuisance or danger to the public and/or adjacent
property owners.
3. A certificate of occupancy for a
structure or premises shall not be issued until the
required parking area has been inspected and
approved by the development director or his designee.
4. Residential driveways shall satisfy the
parking space requirements for single-family
detached dwelling units, duplexes, and multifamily
dwelling units containing garages, provided such
driveways are of sufficient size to meet the parking
space requirements of this subsection.
5. No fewer than four (4) parking spaces
shall be provided for any nonresidential use.
6. Stabilized sod may be substituted for
up to fifty (50) per cent of the required parking
spaces, where eighty (80) per cent or more of the
parking demand falls within a twenty-four-hour
period each week. Sod may be substituted only for
the area of parking stalls. All driveways, aisles, and
maneuvering areas shall be hard-surfaced and shall
conform to the design requirements contained in
Chapter 23 of the City of Boynton Beach Land
Development Regulations. Sod parking stalls shall
have a base consisting of not less than eight (8) inches
of stabilized shell rock, lime rock, or sand, or an
equivalent material as approved by the development
director. Sod parking areas shall have dimensions
equivalent to the dimensions of paved parking areas
with ninety (90) degree parking stalls and two-way
traffic in aisles, as specified in Chapter 23 of the City
of Boynton Beach Land Development Regulations.
7. Parking space requirements shall be
computed on the basis of the principal use of a
structure or lot, and using gross floor area unless
stated otherwise in paragraph 16 of this subsection.
Gross floor area, for the purposes of this subsection,
shall include the floor area occupied by the principal
use, plus the floor area occupied by all accessory
2003 S-20
62 Boynton Beach Code
uses, including storage rooms, maintenance and
mechanical rooms, offices, lounges, restrooms,
lobbies, basements, mezzanines, and hallways.
8. Where several principal uses exist in
one structure or on one lot, parking space
requirements shall be computed separately for each
principal use, unless stated otherwise in paragraph 16
of this subsection. Where parking spaces are
required in paragraph 16 for each of several principal
uses that commonly occur together, this is done for
the purpose of clarification only, and shall not limit
the application of the requirement contained in this
paragraph.
9. A use shall be considered a principal
use, for the purposes of this subsection, if it could
exist separately from all other uses in the same
structure or on the same lot, and would by itself
generate significant parking demand.
10. Where a use is located in a shopping
center, office building, or office-retail complex, the
parking space requirement for the shopping center,
office building, or office-retail complex in which it is
located shall apply; except that where a theater is
located in a shopping center the parking space
requirement for theaters shall apply for the seating or
gross floor area of the theater.
11. Where several principal uses exist in
one building or part of a building, and the floor area
of each principal use cannot be clearly delineated, the
parking space requirement for the use requiring the
greatest number of parking spaces shall apply.
12. Where a use is not listed below,
parking space requirements shall be determined by
the City Commission after review and
recommendation by the planning and development
board.
13. Parking spaces required in this
ordinance for one use or structure may be allocated in
part or in whole for the required parking spaces of
another use or structure if quantitative evidence is
provided showing that parking demand for the
different uses or structures would occur on different
days of the week or at different hours. Quantitative
evidence shall include estimates for peak hour/peak
2001 S-16
season parking demand based on statistical data
furnished by the Urban Land Institute or an
equivalent traffic engineering or land planning and
design organization. Quantitative evidence may also
include, where appropriate, field studies and traffic
counts prepared by a traffic consultant experienced in
the preparation of parking studies. In addition, a
minimum buffer often (10) percent shall be provided
to ensure that a sufficient number of parking spaces
are available at the peak hour/peak season of parking
demand. Calculation of said buffer shall be based on
the total number of parking spaces determined to be
required at the peak hour/peak season of parking
demand. Evidence for joint allocation of required
parking space shall be submitted to the technical
review board, and approval of joint allocation of
required parking spaces shall be made by the City
Commission, after review and recommendations by
the planning and development board.
14. Where the number of required parking
spaces as computed includes a fraction, the number
of required parking spaces shall be the computed
number rounded to the next highest whole number.
15. There shall be provided off-street
handicapped parking spaces consistent with Chapter
23, Article II.K of the Boynton Beach Land
Development Regulations at the time of the erection
of any structure or the enlargement of any structure.
16. Except as provided in Subsection I.(4)
below, there shall be provided, at the time of the
erection of any structure or establishment of any use,
a number of off-street parking spaces in accordance
with the following minimum requirements, and
subject to paragraphs 1 through 15 of this subsection.
Where a structure or use is enlarged or increased in
capacity by any means, including a change in
building occupancy which requires the provision of
additional parking spaces, or a change in use to or e
which requires additional parking spaces, the
minimum number of parking spaces shall be
computed by applying these requirements to the
entire structure or use.
a. Dwellings, lodging and other
buildings for habitation:
(1) Single-family and duplex
dwellings: Two (2) parking spaces per dwelling unit.
Zoning 63
(2) Two or more bedroom
apartments: Two (2) parking spaces per dwelling
unit.
c. Government, institutional, and
educational uses:
(3) One-bedroom and efficiency
apartments: One and one half (1.5) parking spaces
per dwelling unit for each efficiency and/or one-
bedroom apartment.
(1) Government and
government-owned or -operated uses: Parking
requirements for like or similar uses in the private
sector shall apply.
(4) Dormitories: One (1) parking
space per rooming unit.
(5) Rooming and boarding
houses: One (1) parking space per rooming unit.
(6) Hotels, apartment hotels,
motels, apartment motels, and time-sharing hotels
and motels: One and one-quarter (1.25) parking
spaces per bedroom.
(7) Hospitals: Two and one-half
(2.5) parking spaces per bed.
(8) Nursing homes, convalescent
homes, and sanitariums: One (1) parking space per
three (3) beds.
b. Assembly:
(2) Community centers: One (1)
parking space per one hundred (100) square feet of
gross floor area.
(3) Libraries and museums: One
(1) parking space per three hundred (300) square feet
of gross floor area.
(4) Day care centers and nursery
schools: One (1) parking space per three hundred
(300) square feet of gross floor area, plus adequate
provision for a convenient drop-off area adjacent to
the building providing unobstructed ingress and
egress.
(5) Elementary and junior high
schools: One (1) parking space per five hundred (500)
square feet of classroom floor area, including floor
area of shops.
(1) Churches, temples, and other
places of worship: One (1) parking space per four (4)
seats in the auditorium, but not less than one (1)
parking space per one hundred (lee) square feet of
gross floor area for the auditorium, plus required
parking spaces for any other principal uses, including
offices, classrooms, meeting rooms, recreation
facilities and dwellings.
(2) Theaters, auditoriums,
meeting rooms, and other places of assembly: One
(1) parking space per four (4) seats, but not less than
one (1) parking space per one hundred (lee) square
feet of gross floor area.
(6) Secondary schools and high
schools: One (1) parking space per one hundred (100)
square feet of classroom floor area, plus one (1)
parking space per two hundred (200) square feet of
floor area occupied by shops.
(7) Colleges, universities,
seminaries, and technical or vocational schools: One
(1) parking space per fifty (50) square feet of
classroom area, plus one (1) parking space per two
hundred (200) square feet of floor area occupied by
laboratories or shops, plus required space for any
other principal uses, including offices, libraries,
auditoriums, and recreation facilities.
(3) Clubs, lodges and fraternal
organizations: One (1) parking space per one hundred
(lee) square feet of gross floor area.
(8) Specialized instruction,
including dance, art, and self-defense instruction: One
(1) parking space per two hundred (200) square feet
of gross floor area.
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64
offices:
Boynton Beach Code
d. Retail services, restaurants, and
(1) Restaurants, bars, cocktail lounges, dance halls, and all other eating or drinking
establishments: One (1) parking space per two and
one-half (2.5) seats, but not less than one (1) parking
space per one hundred (100) square feet of gross
floor area.
(2) Shopping centers: One (1)
parking space per two hundred (200) square feet of
gross leasable floor area.
(3) Office-retail complexes: One
(1) parking space per two hundred (200) square feet
of gross leasable floor area.
(4) Retail gasoline sales, retail
automotive parts and/or accessories sales, and
automotive repairs, including major repairs, but
excluding automotive paint and body shops: One (1)
parking space per two hundred fifty (250) square feet
of gross floor area.
(5) Bakeries: One (1) parking
space per two hundred (200) square feet of gross
floor area.
(6) Florists and retail sales floor
area of greenhouses: One (1) parking space per two
hundred (200) square feet of gross floor area.
of paved or unpaved outdoor area used for the storage
or display of goods for sale or for rent.
(11) Boat sales or rental: One (1)
parking space per five hundred (500) square feet of
gross floor area, plus one (1) parking space per ten
thousand (10,000) square feet of paved or unpaved
outdoor area used for the storage or display of boats
for sale or for rent.
(12) Retail establishments not
listed elsewhere: One (1) parking space per two
hundred (200) square feet of gross floor area.
(13) Personal, professional, and
business services not listed elsewhere, including
testing, repairing, and servicing: One (1) parking
space per three hundred (300) square feet of gross
floor area.
(14) Laundromats or dry-cleaning
pick-up stations, and laundry or dry-cleaning plants
located in commercial zones: One (1) parking space
per two hundred fifty (250) square feet of gross floor
area (for laundry or dry-cleaning plants located in
industrial or PID zones, see (f)(3)).
(7) Grocery stores and food
stores: One (1) parking space per two hundred (200)
square feet of gross floor area.
(8) Automobile, truck,
motorcycle, trailer, and recreation vehicle sales or
rental: One (1) parking space per five hundred (500)
square feet of gross floor area, plus required parking
spaces for outdoor storage or display of goods for
sale or for rent.
(9) Small equipment and tool
rental establishments: One (1) parking space per two
hundred fifty (250) square feet of gross floor area,
plus required parking spaces for outdoor storage or
display of goods for sale or for rent.
(10) Outdoor storage or display of
goods for sale or for rent, except boats: One (1)
parking space per five thousand (5,000) square feet
(15) Printing, engraving, or
publishing located in commercial zones: One (1)
parking space per three hundred (300) square feet of
gross floor area (for printing, engraving, or publishing
located in industrial or PID zones, see (f)(4)).
(16) Funeral homes: One (1)
parking space per two hundred (200) square feet of
gross floor area.
(17) Kennels and animal
hospitals: One (1) parking space per three hundred
(300) square feet of gross floor area, including area of
outdoor kennels.
(18) Financial institutions and
services: One (1) parking space per two hundred fifty
(250) square feet of gross floor area.
(19) Medical and dental clinics,
offices, and office buildings: One (1) parking space
per two hundred (200) square feet of gross floor area.
Zoning 65
(20) Offices and office buildings
not listed elsewhere: One (1) parking space per three
hundred (300) square feet of gross floor area.
(21) Art, craft, graphics, and
photographic studios: One (1) parking space per three
hundred (300) square feet of gross floor area.
(22) Beauty and barber services:
One (1) parking space per one hundred (100) square
feet of gross floor area.
(23) Furniture stores: One (1)
parking space per five hundred (500) square feet of
gross floor area.
(24) Automotive paint and body
shops: One (1) parking space for every three hundred
(300) square feet of gross floor area. In addition, each
overhead door and interior spray booth may be
counted toward a parking space, provided there is a
minimum area, the size of a standard parking space,
between an overhead door and an interior spray
booth. However, in no case shall less than four (4)
outside parking spaces be provided.
e. Recreation and amusement:
(1) Swimming pools: One (1)
parking space per thirty (30) square feet of water
area.
(2) Ice skating and roller skating
rinks: One (1) parking space per one hundred (100)
square feet of rink area.
(3) Indoor athletic courts: One
(1) parking space per one thousand eight hundred
(1,800) square feet of gross floor area.
(4) Outdoor athletic courts: One
(1) parking space per one thousand five hundred
(1,500) square feet of court area and adjoining paved
area.
(5) Golf courses: Eight (8)
parking spaces per hole.
(6) Miniature golf courses: One
(1) parking space per five hundred (500) square feet
of lot area occupied by the playing area.
(7) Bowling alleys: One (1)
parking space per two hundred fifty (250) square feet
of gross floor area, including floor area of all
adjoining uses, including restaurants, bars, pool
rooms, and amusements.
(8) Gymnasiums and health
centers: One (1) parking space per three hundred
(300) square feet of gross floor area. Parking space
requirements may be computed separately for floor
area occupied by athletic courts, swimming pools, or
other principal uses for which parking space
requirements are listed in this ordinance.
(9) Arcades, pool halls, and
other indoor amusement places not listed elsewhere:
One (1) parking space per one hundred (100) square
feet of gross floor area.
(10) Marinas: One (1) parking
space per boat slip, plus required parking spaces for
any other principal uses, including hotels and motels,
restaurants, retail floor area, charter boats,
sightseeing boats, drift fishing boats, and outdoor lots
occupied by boats for sale or for rent.
(11) Charter, drift fishing, and
sightseeing boats: One (1) parking space per three (3)
seats on each boat, but no fewer than two (2) parking
spaces per boat.
(12) Condominium and housing
development recreation buildings: A mix of five
parking spaces, plus one (1) additional space per 300
square feet of gross floor area of office use for leasing
or management purposes located in recreation
buildings or separate structures (handicapped spaces
should be pursuant to ADA requirements).
f. Industrial, research and
development, trades, wholesale, and warehouses:
(1) Manufacturing and industrial
uses not listed elsewhere: One ( 1 ) parking space per
two (2) employees, but not less than one (1) parking
space per five hundred (500) square feet of gross
floor area; plus required parking spaces for any other
principal uses, including office or retail floor area.
2000 S-14
66 Boynton Beach Code
(2) Utility plants: One (1)
parking space per two (2) employees, but not less
than one (1) parking space per five hundred (500)
square feet of gross floor area; plus required parking
spaces for any other principal uses, including office
floor area.
(3) Laundry or dry-cleaning
plants located in industrial or PID zones: One (1)
parking space per five hundred (500) square feet of
gross floor area (for laundromats, laundry or
drycleaning pick-up stations, and laundry or
drycleaning plants located in commercial zones, see
(d) (14)).
(4) Printing, engraving, or
publishing located in industrial or PID zones: One
(1) parking space per two (2) employees, but not
less than one (1) parking space per five hundred
(500) square feet of gross floor area (for printing,
engraving or publishing located in commercial
zones, see (d) (15)).
(5) Warehouses and other
indoor storage facilities, warehouse-industrial
complexes: One (1) parking space per eight hundred
(800) square feet of gross floor area, but not less
than two (2) parking spaces per rental unit of five
hundred (500) square feet of gross floor area or
greater; plus required parking spaces for any other
principal uses, including retail and office floor area.
Parking for multi-access facilities shall be provided
at a rate of 1 space per 200 storage bays plus 1
space per 300 feet of office space and 2 security
spaces. Parking for limited access facilities shall be
provided at a rate of 1 space per 75 storage units,
plus 1 space per 300 feet of office space and 2
security spaces.
(6) Wholesale establishments
and distributing: One (1) parking space per eight
hundred (800) square feet of gross floor area.
(7) Moving and storage
operations: One (1) parking space per eight hundred
(800) square feet of gross floor area.
(8) Truck terminals and
transfer stations: One (1) parking space per eight
hundred (800) square feet of gross floor area.
(9) Laboratories and research
and development: One (1) parking space per three
hundred (300) square feet of gross floor area.
g. Miscellaneous uses:
(1) Taxi offices and bus
stations: One (1) parking space per one hundred
(100) square feet of gross floor area.
(2) Communications facilities,
including broadcasting facilities and telephone
exchanges: One (1) parking space per one thousand
two hundred (1,200) square feet of gross floor area,
plus required parking spaces for any floor area
occupied by offices.
(3) Greenhouses: One (1)
parking space per two thousand (2,000) square feet
of gross floor area, plus required parking spaces for
any retail floor area.
I. LOCATION OF OFF-STREET
PARKING SPACES.
1. Required parking spaces for all
dwellings shall be located on the same lot as the
dwelling to be served.
2. Required parking spaces for all other
uses shall be owned by the owner of the building
or
2000 S-14
Zoning 67
lot to be served, and shall be located on the same lot,
or not more than three hundred (300) feet distant, as
measured along the nearest pedestrian walkway.
3. Parking space requirements of two (2)
or more uses of the same or different types may be
satisfied by the allocation of the required number of
spaces for each use in a common parking facility.
Joint allocation among several uses of a lesser
number of parking spaces may be permitted in
accordance with paragraph 13 of this subsection.
4. The payment in lieu of parking option
is applicable within the Central Business District
(hereinafter CBD) or subsequent zoning districts
established to supplement or replace the CBD, and
properties, and property assembled with properties as
one site, that front on that segment of Ocean Avenue
extending west from the CBD to Seacrest Boulevard.
A. Within this area at the time of any
building construction, expansion or modification that
creates additional floor area, or except where
otherwise allowed in Subsection C. off-street parking
spaces shall be provided as required by Chapter 2.
~%oning" Section 11.H. and Section 6.E.
B. The area measured for purposes
of this subsection shall only include the floor area
designed primarily for public use, and excluded floor
area for bathrooms, service and food preparation
staff, outdoor waiting areas, space limited to storage,
and areas uninhabitable due to building code
requirements or other limitations.
C. Minor building expansions equal
to or less than two parking spaces shall be excluded
from the requirements described in Subsection A.
above, and for minor improvements that exceed the
two-space limit but less than 5% of the total area of
existing improvements, only the increase in building
area shall be subject to the parking space
requirements of Subsection A. above and Subsection
E. below.
D. Existing parking spaces shall not
be eliminated if elimination would result in fewer
spaces being provided for the existing or new floor
area than required pursuant to Subsection A. above.
2001 S-16
E. The parking requirement set forth
in this subsection may be satisfied in whole or part by
the payment of a nonrefundable parking
improvement fee in lieu of the provisions of all, or a
portion of the required off-street parking spaces.
Parking improvement fees shall be assessed as
follows:
$0 per space
$1,000 per space
up to September 30, 2002
between October 1, 2002 and
$2,000 per space
between October 1, 2003 and
$3,000 per space
between October 1, 2004 and
$4,000 per space
$5,000 per space
$6,000 per space
S
l~etween October 1, 2005 and
t
e
m
b
e
r
S
l~etween October 1, 2006 and
t
e
m
b
e
r
S
l~etween October 1, 2007 and
t
e
m
$7,000 per space
after October 1, 2008
The parking improvement fee shall be due and
payable in full at the time that the first building
permit is issued for the construction, expansion, or
modification that creates the need for parking spaces
or for additional parking spaces, and in no event later
than the time a certificate of occupancy or
occupational license is issued for the building or use
subject to the Section. Parking improvement fees
shall be paid into the Cit!aof Boynton Beach Parking
Trust Fund, and are subject to use by the City for
parking related improvements in the geographic area
to which Subsection 4. applies.
J. OFF-STREET~LOADING:
0
1. For the pm-pose of this ordinance, the
term ~off-street loading or unloading space" shall
mean a vehicular loadingCspace constructed of a hard
surface and shall consist~f a space with dimensions
not less than twelve (12)(t'eet in width, thirty-five (35)
feet in length and fourted~a (14) feet in height,
exclusive of access aisles, maneuvering space or alley
right-of-way.
2. The following spaces shall be provided
for the uses indicated:
68
Boynton Beach Code
a. Every hospital, institution, hotel,
commercial or industrial building, or similar use,
requiring the receipt or distribution by vehicle of
materials or merchandise, shall have sufficient
permanently maintained off-street loading space so as
not to hinder the free movement of vehicles and
pedestrians over a street or sidewalk.
b. All structures requiring the
pickup of large quantities of garbage or trash shall
provide an easily accessible area for the pickup and
delivery of a dumpster or other trash receptacle; all
such areas shall be so designed that garbage and trash
pickup can be accomplished without excessive
maneuvering such as turning around and backing up.
K. PERMANENT RESERVATION OF
SPACES. Area reserved for off-street parking or
loading, in accordance with the requirements of this
section, shall not be reduced in area or changed to
any other use unless equivalent off-street parking or
loading is provided in accordance with this section.
L. COMMERCIAL ESTABLISHMENTS
ENGAGED IN THE RETAIL SALE OF
GASOLINE OR GASOLINE PRODUCTS.
1. Purpose. The purpose of these
regulations is to establish development standards for
commercial establishments which engage in the sale
of gasoline, or other motor fuels. These regulations
are intended to cover businesses of any type,
including convenience stores and automotive service
stations. The development standards established by
this section would overlay the development criteria
stated in the zoning district in which these uses are
allowed. Businesses, which engage in the sale of
gasoline or other motor fuels, shall require
conditional use approval.
2. Definitions. For the purpose of this
ordinance, the following definitions shall apply:
Ancillary building or structure. A
building or structure incidental to, subordinate to and
subservient to the principal building or structure
located on the premises.
Ancillary use. A use incidental to,
subordinate to and subservient to the principal use of
the premises.
2001 S-16
Automotive service station. The use of
a building or other structure, on a lot or parcel of land
which includes any retail sale of gasoline or other
motor fuels.
Convenience store. Any place of
business that is engaged in the retail sale of groceries,
including the sale of prepared foods, and gasoline and
services. The term "convenience store" does not
include a store which is solely or primarily a
restaurant.
Gasoline dispensing, establishments.
Any commercial enterprise, including automotive
service stations and convenience stores, which
engage in the sale of gasoline or other motor fuels to
the public.
Grade separated intersections. Use of
the term grade separated intersections shall mean any
intersection wherein one road passes over another
road by means of a bridge or an overpass.
3. Development standards which apply to
all gasoline dispensing establishments except those
described under Subsection 4. of this section below:
a. Location.
(1) All gasoline dispensing
establishments not determined to be ancillary uses as
described in Subsection 4. below, shall be located
only at the intersection of any combination of the
following roads as designated in the Boynton Beach
Comprehensive Plan:
County arterial,
State arterial,
Local collector, or
County collector.
(2) Gasoline dispensing
establish-ment shall only be located at any
intersections consisting of roads of four (4) lanes or
wider.
(3) The maximum number of
gasoline dispensing establishments located at any
intersection shall be two (2). Gasoline dispensing
establishments shall only be located at diagonal
comers of permissible intersections.
Zoning
68A
b. Minimum plot size: thirty
thousand (30,000) square feet.
c. Minimum street frontage: one
hundred seventy-five (175) feet on each frontage
measured from the intersecting right-of-way lines of
the public streets.
d. Driveways
(1) No driveway shall be located
those distances delineated in Chapter 6, Article IV,
Section 1 (Access) or as delineated in Chapter 23,
Article II, Section H.3., from the intersecting right-
of-way lines of public streets.
(2) Driveways shall be a
minimum of thirty (30) feet and a maximum of forty-
five (45) feet in width.
(3) Driveways shall not be
located less than thirty (30) feet from any interior
property line.
(4) Driveways will be limited to
one (1) per street frontage.
e. Setbacks. Setback requirements
shall apply to all structures on the property including
the primary structure, or any accessory structures
such as car washes or above-ground storage facilities.
(1) Front -- 35 feet.
(2) Side -- 20 feet.
(3) Rear -- 20 feet.
(4) Other:
(a) No canopy shall be
located less than twenty (20) feet from any property
line.
(b) No gasoline pump
island shall be located less than thirty (30) feet from
any property line.
2003 S-20
(c) The entrance to a
building wherein motor vehicles are washed by
mechanical means shall be located a minimum
distance of seventy-five (75) feet from the street lines
to provide an off-street area of waiting vehicles. Car
washes shall be a permitted accessory use at gasoline
dispensing establishments. Car washes shall:
1. be fully automatic;
2. recycle all water
used in the car washing process.
f. Buffers.
(1) A ten-foot wide landscape
buffer shall be located along the street frontage. This
buffer shall contain one (1) tree ten (10) to fifteen
(15) feet in height with a minimum three-inch caliper
every forty (40) feet, a continuous hedge twenty-four
(24) inches high, twenty-four (24) inches on center at
time of planting with flowering groundcover.
(2) Interior property lines.
68B Boynton Beach Code
Zoning 69
(a) A ten-foot wide
landscaped buffer shall be located on all interior
property lines. When the buffer separates the
property from a residentially zoned property, the
buffer shall contain a six-foot concrete wall
landscaped on the exterior side by a continuous
hedge no less than thirty-six (36) inches high and
planted twenty-four (24) inches on center at time of
planting; trees ten (10) to fifteen (15) feet in height
with three-inch caliper every forty (40) feet; and
groundcover. When the buffer separates the property
from other commercial property, the buffer shall not
be required to contain a concrete wall. Landscaping
shall be continuously maintained.
1. The wall shall be
kept in good repair and appearance at all times.
2. Openings with
gates may be allowed where deemed appropriate by
the City Commission.
g. Design criteria.
(1) All gasoline dispensing
establishments located on designated out-parcels to
shopping centers, business centers, or other planned
commercial developments shall conform in design to
the approved design plan of the principal center.
(2) Gasoline dispensing
establishments shall conform to the community
design plan.
(3) All gasoline dispensing
establishments shall not install exterior site lighting
which exceeds photometric levels of 60-foot candles
average maintained. Light fixtures must be baffled,
shielded, screened or recessed to prevent visibility of
the lit portion of the fixture from off the premises.
h. Conditional use. Gasoline
dispensing establishments are hereby designated as a
conditional use as that term is defined in Section
11.2.
i. Distance separation requirements.
No gasoline dispensing establishment shall be located
within two hundred (200) lineal feet from a
residential structure. Distances for the purpose of
this subsection
shall be measured from the boundary line of the
parcel on which the gasoline dispensing establishment
is located to the closest boundary wall of the
residential structure.
4. As to all gasoline dispensing
establishments that are an ancillary use located or
operated in or from an ancillary building or structure
within a parcel of land of not less than ten (10) acres
within a ~Planned Commercial District" (PCD)
governed by Section 6.F. of the City of Boynton
Beach Zoning Code, and which gasoline dispensing
establishment is operated by the person(s) or entity(s)
that operates the principal use located on such parcel
of land; and do not meet all of the requirements set
forth under Subsection 3., above, the following shall
be applicable:
a. Setbacks. Setback requirements
shall apply to all structures on the portion of the
property on which the gasoline dispensing
establishment is located, including the primary
structure for the gasoline dispensing establishment, or
any accessory structures such as above ground
storage facilities.
(1) Front - 35 feet.
(2) Side - 20 feet.
(3) Rear - 20 feet.
(4) Other:
(a) No canopy shall be
located less then twenty (20) feet from any property
line.
(b) No gasoline pump
island shall be located less than thirty (30) feet from
any property line.
(c) No gasoline pump
island or canopy shall be located less than two
hundred (200) feet from any public right-of-way.
(d) No gasoline dispensing
establishment shall be located within two hundred
(200) feet from a residential structure. Distances for
the purpose of this subsection shall be measured from
the closest gasoline pump island or canopy of the
gasoline dispensing establishment to the closest
boundary wall of the residential structure.
2001 S-15
70 Boynton Beach Code
b. Buffers. Except for permitted
driveway openings, a five (5) foot wide landscaped
buffer shall be located around that portion of the
parcel of which the gasoline dispensing establishment
is located. When the buffer separates the portion of
the property on which the gasoline-dispensing
establishment is located from a residentially zoned
property, the buffer shall contain a six (6) foot high
concrete wall landscaped on the exterior side by a
continuous hedge no less than thirty-six (36) inches
high and planted twenty-four (24) inches on center at
the time of planting; trees ten (10) to fifteen (15) feet
in height with three-inch caliper every forty (40) feet;
and groundcover. When the buffer separates the
portion of the property on which the gasoline
dispensing establishment is located from other
commercial property, the buffer shall not be required
to contain a concrete wall. Landscaping shall be
continuously maintained.
(1) The wall shall be kept in
good repair and appearance at all times.
(2) Openings with gates may be
allowed where deemed appropriate by the City
Commission.
c. Design criteria.
(1) All gasoline dispensing
establishments under this Section 4. shall conform to
the community design plan.
(2) No gasoline dispensing
establishments under this Section 4. shall be
permitted to advertise product pricing on the site sign
identifying the primary tenant or occupant.
(3) All gasoline dispensing
establishments under this Section 4. shall not install
exterior site lighting which exceeds photometric
levels of 60-foot candles average maintained. Light
fixtures must be baffled, shielded, screened, or
recessed to prevent visibility of the lit portion of the
fixture from off the premises.
d. Conditional use. Gasoline
dispensing establishments defined as ancillary to a
principal tenant of a planned commercial district are
hereby designated as a conditional use as that term is
defined in Section 11.2.
M. ADULT ENTERTAINMENT
ESTABLISHMENTS; SPECIAL RESTRICTIONS.
1. No adult entertainment establishment
shall be located closer than one thousand (1,000) feet
from any other adult entertainment establishment
measured from lot boundary to lot boundary along a
straight airline route.
2. No adult entertainment establishment
shall be located closer than one thousand (1,000) feet
from any house of worship, residential zoning
district, public usage district, recreation district, or
school, measured from any lot boundary to lot
boundary along a straight airline route.
N. OUTDOOR RETAIL SALES BY NOT-
FOR-PROFIT ORGANIZATIONS. Special outdoor
retail sales shall be permitted in any nonresidential
zoning district, subject to the following regulations:
1. The event is sponsored by a not-for-
profit civic, religious, school or governmental
organization.
2. The sponsors secure an occupational
license for the duration of the event, and comply with
all other applicable codes and ordinances.
3. Written approval must be secured from
the owner of the property.
4. Liability insurance which is sufficient
to cover the liability for the event shall be the
responsibility of the property owner and event
sponsor.
event.
5. Adequate parking is provided for the
2001 S-15
Zoning 70A
6. Such event or combination of events
shall not exceed a maximum duration of four (4)
weeks per calendar on any one parcel of land.
However, a two-week extension may be provided, if
conditions warrant.
7. Permits for all temporary structures,
lighting and signs must be secured.
8. If a tent is used for the event, the tent
shall be constructed of fire-retardant treated material
and shall comply with the latest edition of the
Southern Standard Building Code, as adopted by the
city.
9. Farmers' markets, flea markets, sales
bazaars, swap shops, trading posts and the sale or
display of used retail merchandise shall be prohibited.
10. It is the responsibility of the sponsor,
within three (3) days of the expiration of the event, to
have the property cleared and brought to its original
condition.
O. SELF SERVICE STORAGE FACILITIES
(MINI-WAREHOUSES).
1. General. All self-storage facility uses
shall comply with the following:
a. Rental facility office. The rental
facility office shall be located facing a collector
street. A maximum of 1000 square feet of the rental
office may be devoted to the rental and sale of retail
items used for moving and storage and including, but
not limited to carton, tape and packing materials. The
property manager shall be permitted to conduct
auctions for the sole purpose of selling abandoned
items left in bays, provided an appropriate license is
obtained from Occupational Licenses. The rental of
trucks and trailers used for moving and the
installation of hitch and towing packages shall be
allowed, subject to all approvals required for the
zoning district in which the self service storage
facility is located.
b. Security quarters. A single
residential unit for security purposes may be
established on the site of a self service storage facility
and shall be considered a limited exception to the
general prohibition of residential uses in industrial
zones. The security quarters may continue only so
long as the self service storage facility remains active.
The security quarters shall be for the exclusive use of,
and shall be occupied only by a guard, custodian,
caretaker, owner, manager or employee of the owner
of the facility, and his family. Such person shall be
actively engaged in provided security, custodial or
managerial services upon the premises. A security
quarters shall not be rented to any person other than
such persons.
c. Use of bays. The use of storage
bays shall be limited to dead storage of household
goods, personal property or records for commercial
businesses. Storage bays shall not be used to
manufacture, fabricate or process goods; service or
repair vehicles, boats, small engines or electrical
equipment, or to conduct similar repair activities;
conduct garage sales or retail sales of any kind; or
conduct any other commercial or industrial activity.
Individual storage bays or private postal boxes within
a self-service storage facility shall not be considered a
premises for the purpose of assigning a legal address
in order to obtain an occupational license or other
governmental permit or license to do business.
Further:
storage bay shall
(450) square feet.
(1) The maximum size of a
be limited to four hundred fifty
(2) Storage bay doors shall not
face any abutting property which is residentially
zoned, nor any public or private street.
d. Outside Storage. In connection
with a self service storage facility, open storage of
recreational vehicles and of pleasure boats of the type
customarily maintained by private individuals for
their personal use and commercial vehicles shall be
permitted provided the following:
(1) The storage area shall not
exceed 20 percent of the area of the site.
(2) The storage area shall be
entirely screened from view from public and private
roads and abutting non-industrial zoned property by a
2003 S-20
70B Boynton Beach Code
building on site or by installation of a six (6) foot
high solid masonry fence or a wall supplemented with
a minimum of twelve (12) foot tall trees spaced nor
more than twenty-five (25) feet on center and
foundation planting a minimum of two (2) feet in
height installed within a five (5) foot wide landscape
strip located on the outside of the wall, unless the
foundation planting is determined by the
Development Director to be unnecessary due to
limited purpose/visibility, or if the lack of access to
the landscape area would create maintenance
difficulties.
(3) Vehicles shall not be stored
within the area set aside for minimum building
setbacks or in areas designated for landscape
buffering purposes.
(4) No vehicle or boat
maintenance, or repair shall be permitted on site.
Washing shall be conducted only within a designated
wash area that drains to a storm drain equipped with a
pollution control device acceptable to the City
Engineer. Pleasure boats stored on site shall be
placed and maintained upon wheeled trailers. No dry
storage or dry stacking shall be permitted onsite.
(5) The outside storage area
shall be constructed with a dust-free surface.
e. Separation between storage
buildings. If separate buildings are constructed, there
shall be a minimum ten foot separation between
individual buildings within the facility.
f. Outdoor lighting. If a facility
abuts a residential zone, outdoor lighting fixtures
shall be no more than twenty feet in height and shall
be shielded away from residential property.
g. Loudspeakers. No exterior
loudspeakers or paging equipment shall be permitted
on site.
h. Architectural compatibility. For
all self-storage facilities adjacent to or visible from an
arterial roadway, the following shall apply:
2003 S-20
(1) The exterior colors, facades,
windows, roof and building materials of all structures
located onsite shall be compatible with the character
of the neighborhood. Self-service storage facilities
shall incorporate design elements to achieve the
effect of office structures.
(2) All facades viewable from
the arterial roadway shall provide variety and interest.
These facades shall not exceed fifty (50) feet in
length without visual relief by means of a vertical
reveal at least one (1) foot in depth and ten (10) feet
in width, a perceptible change in wall angle, or a
comer. Other design attributes shall include, roof
slope and materials, windows, awnings, fencing and
other aesthetic elements.
i. Signage. Self-service storage
facilities in the M-1 district shall be subject to the
provisions of Chapter 21, Article 4.
j. Dumpsters and trash receptacles
shall be screened from view of adjacent lots and
streets.
k. Height. Limited access and
combination multi-access and limited-access self-
storage facilities shall conform to the maximum
height for that district. The maximum height for
multi-access self-storage facilities shall not exceed
twenty-five (25) feet. These heights will include any
screening required to conceal air-conditioning or any
other mechanical equipment.
1. Buffers. All perimeter buffers
shall be subject to the provisions of Chapter 7.5,
Article II, Section 5 concerning buffer requirements.
In addition, any perimeter adjacent to a residential
district shall include a continuous hedge or wall in
addition to trees planted no further than twenty-five
(25) feet on center.
2. Supplemental standards for multi-
access self-storage facilities. In addition to the
general standards above, multi-access self-service
storage facilities shall comply with the following
regulations:
Minimum lot size. The minimum lot size for a multi-
access self-storage facility shall be two (2) acres.
Zoning 70C
b. Circulation. The following on-
site circulation standards shall apply:
(1) Interior. Interior loading
areas shall be provided in the form of aisle ways
adjacent to the storage bays. These aisle ways shall
be used both for circulation and temporary customer
parking while using storage units. The minimum
width of these aisle ways shall be twenty-five (25)
feet if only one-way traffic is permitted, and thirty
(30) feet if two-way traffic is permitted. A minimum
width of twelve (12) feet of width between storage
aisles will be required when a portion of this aisle
space is utilized for outdoor storage.
(2) Flow. The one or two-way
traffic flow patterns in aisle ways shall be clearly
marked. Markings shall consist of standard
directional signage and painted lane markings with
arrows.
(3) Access. Appropriate access
and circulation by vehicles and emergency equipment
shall be ensured through the design of internal turning
of aisle ways.
c. Parking. Parking shall be
provided at a rate of 1 space per 200 storage bays,
plus 1 space per 300 feet of office space and 2
security spaces.
3. Supplemental standards for limited
access self-storage facilities. In addition to the
general standards above, limited-access self-storage
facilities shall comply with the following regulations:
a. Minimum lot size. The minimum
lot size for a limited access self-storage facility shall
be one (1) acre.
b. Loading.
(1) Each entry point used to
access hallways leading to the storage bays shall
accommodate a minimum of two leading berths and
related maneuvering area.
(2) The loading areas shall not
interfere with the primary circulation system on site.
(3) Ifa minimum 20 feet access
way is provided adjacent to the building and serves
no other use except the self-service storage facility,
then the loading area may be established parallel and
adjacent to the building. It will be required to satisfy
current regulations for driveway accessibility
dependent on one-way or two-way traffic.
c. Parking. Parking shall be
provided at a rate of 1 space per 75 storage bays, plus
1 space per 300 feet of office space and 2 security
spaces.
d. Use limitations. Retail sales shall
be prohibited on site except those permitted by
Section O. 1 .a.
e. Hours of operation. The hours of
operation shall be limited to 7:00 a.m. to 9:00 p.m.
seven days a week.
f. Outdoor lighting. Outdoor
lighting shall be designed to prevent light spillage
onto residential uses.
4. Multi-access and limited-access
combinations: A combination of multi-access and
limited-access self-storage facilities may be permitted
within the same site plan, pursuant to the
supplemental standards shown above for each of the
USES.
P. MARINAS. Facilities must be provided at
every marina to accommodate proper sanitary sewer
and water connections as well as to maximize
flushing of the impacted marine basin.
(Ord. No. 95-24, 8 5, 8-15-95; Ord. No. 96-51, 8 7, 1-
21-97; Ord. No. 98-31, 88 2, 3, 8-4-98; Ord. No. 99-
23, 8 2, 9-7-99; Ord. No. 99-34, 8 2, 12-21-99; Ord.
No. 00-20, 8 1, 6-6-00; Ord. No. 00-40, 8 1, 8-1-00;
Ord. No. 00-58, 8 2, 10-17-00; Ord. No. 00-68, 8 2,
12-5-00; Ord. No. 01-10, 8 2, 2-6-01; Ord. No. 01-30,
88 3, 4, 7-3-01; Ord. No. 03-010, 8 4, 4-1-03; Ord.
No. 03-018, 88 1-3, 6-3-03)
2003 S-20
70D Boynton Beach Code
Sec. ll.l. Nonconforming uses and structures.
A. EXISTING USES. Any lawful use of land
or structures existing on the effective date of the
adoption or amendment of these zoning regulations,
but which would become a nonconforming use under
the terms of these regulations or future amendments
hereto, shall be permitted to continue, subject to the
provisions of this section pertaining to its extension,
alteration, reconstruction, continuance,
discontinuance or change.
B. NONCONFORMING USES OF LAND.
1. No nonconforming use of land shall be
enlarged or increased, nor extended to occupy a
greater area of land than was occupied on the
effective date of the adoption or amendment of these
regulations, unless such use is subsequently changed
to a use permitted in the district in which such use is
located.
2. No such nonconforming use shall be
moved in whole or in part to any other portion of the
lot or parcel occupied by such use on the effective
date of the adoption or amendment to these
regulations, nor shall such nonconforming use be
moved to any other parcel or located in any district
within which said use is not permitted.
3. No additional structures or buildings
shall be erected in connection with such
nonconforming use of land.
C. NONCONFORMING LOTS.
1. A detached single-family dwelling
may be constructed on any parcel located in an R-l,
R-lA, R-2 or R-3 district, provided that it meets all of
the following requirements:
a. The parcel contains at least one
(1) whole platted lot, platted prior to the effective
date of the adoption or amendment of these zoning
regulations;
b. The parcel, or assemblage of
platted parcels which individually meet the
requirements of paragraph a. of this section, has a
frontage of not less than fifty (50) feet, and a lot area
2003 S-20
of not less than five thousand (5,000) square feet
(irregular, other than rectangle-shaped lots with less
than five thousand (5,000) square feet of area may be
developed if in conformance with all other lot
regulations);
c. All such parcels, when developed,
shall comply with all provisions of the Land
Development Regulations and applicable building
code regulations, including without limitation
sections of the building code regulations regarding
the impact of construction and drainage on or to
adjacent properties.
2. Within R-2 districts, in subdivisions
platted prior to the effective date of this ordinance,
where the platted lots have a frontage of at least forty
(40) feet but less than fifty (50) feet, the following
rules shall apply:
a. A detached single-family
dwelling may be constructed on any such parcel,
provided that it meets all of the following
requirements:
(1) The parcel contains at least
one (1) whole platted lot.
(2) Property cannot be acquired
from adjacent parcels so as to make the subject parcel
conforming, without causing the adjacent parcels or
structures thereon to become nonconforming or more
nonconforming.
b. A duplex dwelling may be
constructed on any parcel, provided that it meets the
following requirements:
(1) The parcel contains at least
two (2) whole platted lots;
(2) Property cannot be acquired
from adjacent parcels so as to make the subject parcel
conforming, without causing the adjacent parcels to
become nonconforming or more nonconforming.
c. For any parcel, lot, or
combination of lots, where the total frontage is equal
or greater than one hundred twenty (120) feet, and the
total area is greater than twelve thousand (12,000)
square feet, said property shall not be developed
except in accordance with the minimum frontage and
lot area required in the R-2 zoning district.
Zoning 71
d. Ownership of parcels shall be
determined by the property tax rolls on file in the
Palm Beach County Property Appraiser's Office as of
the effective date of this ordinance.
3. A detached single-family dwelling
may be constructed on any parcel located in an R-
1AA district, without requiring a variance, provided
that it meets the following requirements:
a. The parcel contains at least one
(1) whole platted lot.
b. The parcel has a frontage of not
less than sixty (60) feet, and a lot area of not less than
six thousand seven hundred fifty (6,750) square feet
in area.
c. It would not be possible to
acquire property from adjacent parcels so as to make
the subject parcel conforming, without causing the
adjacent parcels or structures thereon to become
nonconforming or more nonconforming.
For any parcel or lot, or combination of
lots under the same ownership, where the total
frontage and the total area is equal to or greater than
that which is required by the R-1AA district building
and site regulations, said property shall not be
developed except in accordance with the minimum
frontage and lot area required in the particular zoning
district.
Not more than one (1) parcel or lot, or
combination of lots under the same ownership, that is
nonconforming but which meets the requirements
under b. above may be developed for a single-family
house.
Ownership of parcels shall be
determined by the property tax rolls on file in the
Palm Beach County Property Appraiser's Office as of
the effective date of this ordinance.
4. In the R-1AAB district, any parcel
which includes, at a minimum, one (1) whole platted
lot may be developed without requiring a variance, if
it would not be possible to acquire property from
adjacent parcels so as to make the subject parcel
conforming, without causing the adjacent parcels or
structures thereon to become nonconforming or more
nonconforming.
Not more than one (1) lot parcel or lot,
or combination of lots under the same ownership, that
is nonconforming but which meets the requirements
of this paragraph may be developed for a single-
family house.
5. In the R-IAAA zoning district, all
nonconforming lots shall require variance in order to
be developed.
6. The densities created by the rules set
forth above shall be construed to be in conformance
with the densities shown on the future land use map
contained in the city's comprehensive plan.
7. Nonconforming lots which may be
developed without requiring a variance, and which lie
in residential districts, shall meet the minimum
property development regulations that are generally
applicable in the district; except, however, that the
minimum setbacks shall be as follows:
Minimum yard setback requirements:
From yard 25% of depth
Side yard (comer) 20% of depth
Side yard (interior) 15% of width
Rear yard 25 % of depth
provided, however, that the setbacks
specified above shall, in no instance, be construed to
be greater than the setbacks that are generally
applicable in the district in which the lot is located.
The minimum living area on such lots
shall be permitted to be reduced below the minimum
living area required by the district building and site
regulations, to the extent that this reduction is
necessary in order to maintain the abovementioned
setbacks. Furthermore, the maximum lot coverage on
such lots shall be permitted to be increased above the
maximum lot area allowed by the district building and
site regulations, to the extent that this increase is
necessary to obtain the minimum living area required
by the district building and site regulations.
72 Boynton Beach Code
8. Nonconforming lots in nonresidential
districts.
a. In nonresidential zoning districts,
if the value of buildings on the lot or parcel as shown
on the latest Palm Beach County tax rolls is not less
than sixty thousand dollars ($60,000.00), and both
the lot area and lot frontage are not less than eighty-
five (85) percent of that required for the particular
district, then structures and floor area may be added
and the use may be changed from a residential to a
nonresidential use on a nonconforming lot, without
requiring a variance for the lot area or lot frontage. If
the value of improvements on the lot or parcel is less
than sixty thousand dollars ($60,000.00), or if either
the lot area or lot frontage is less than eighty-five
(85) percent of that required for the particular district,
then a variance shall be required in order to add
structures or add floor area to existing buildings or
change the use from a residential to a nonresidential
use. Improvements which do not add structures or
floor area or change the use of the property shall be
permitted, regardless of the value of structures on the
property, or the lot size or frontage. For
nonconforming lots which are vacant or are proposed
to be cleared and redeveloped, a variance shall be
required prior to the construction of any structures or
establishment of any use on the lot or parcel.
b. The value of buildings shall be
determined from the latest tax rolls on file at the
Palm Beach County Property Appraiser's Office.
D. NONCONFORMING USES OF
STRUCTURES.
1. The nonconforming use of a building
or other structure may be extended throughout any
part of the building or structure which was clearly
designed and intended for such use at the date of the
effective adoption or amendment of these regulations.
Any nonconforming use which occupies a portion of
a building or other structure not originally designed
or intended for such use shall not be extended to any
other part of the building or structure. No
nonconforming use may be extended to occupy any
land outside the building or structure, nor any
additional building or structure on the same plat,
which was not used for such nonconforming use at
the effective date of the adoption or amendment of
these regulations.
2. No structure used for a nonconforming
use shall be enlarged, extended, reconstructed or
structurally altered, unless the use is changed to one
which complies with the provisions of this chapter
[ordinance]. However, ordinary repairs, maintenance
and improvements, such as plumbing or wiring,
replacement of nonbearing walls, fixtures or other
interior alterations, shall be permitted each year in an
amount not to exceed twenty-five (25) percent of the
assessed value of the building or structure for that
year as determined by the Palm Beach County
Property Appraiser, subject to the provisions of the
preceding paragraph and provided such work does not
increase the cubic volume of the structure, the floor
area devoted to the nonconforming use or the number
of dwelling units. Nothing in these regulations shall
prevent compliance with applicable laws or
ordinances relative to the safety and sanitation of a
building occupied by nonconforming use.
E. NONCONFORMING STRUCTURES.
The lawful existence of a structure or building at the
effective date of the adoption or amendment to these
regulations, although such structure or building does
not conform to the building and site regulations of
these regulations for minimum lot area and
dimensions, minimum yard setback requirements,
maximum building height, total floor area
requirements, or other characteristics of the structure,
or its location on the lot, may be continued so long as
it remains otherwise lawful. A nonconforming
structure or building (as opposed to a structure or
building used for a nonconforming use) may be
maintained and repaired, but it shall not be added to
or altered in a fashion so as to increase the extent to
which the structure or building is in violation of
applicable regulations. A nonconforming structure or
building may be added or altered if such alteration or
addition does not in itself constitute a further
violation of existing regulations.
F. RECONSTRUCTION OR REMOVAL. If
any structure is destroyed to such an extent that the
cost of rebuilding, repair and reconstruction will
exceed seventy (70) percent of its current assessed
valuation as determined by the Palm Beach County
1997 S-5
Zoning 73
Property Appraiser, or for any reason is moved any
distance, it shall not again be used or reconstructed
except in conformity with the provisions of these
Land Development Regulations.
G. CONTINUANCE, DISCONTINUANCE
OR CHANGE OF NONCONFORMING USE.
1. A nonconforming use of land or
structure shall not be changed to any other use except
one which would be permitted as a conforming use in
the district in which the land or building is located.
However, no change shall be required in the plans,
construction, or designed use of any structure for
which a building permit was lawfully issued pursuant
to Chapter 20 of the Land Development Regulations,
and upon which construction has actually begun prior
to the effective date of the adoption or amendment of
these regulations.
2. Any part of a structure or land
occupied by a nonconforming use which is changed
to or occupied by a conforming use shall not
thereafter be used or occupied by a nonconforming
USe.
3. If for any reason a nonconforming use
of land, structure or any part thereof ceases or is
discontinued for a period of more than six (6)
consecutive months, except when government action
impedes access thereto, the land shall not thereafter
be used for a nonconforming use.
H. STATUS OF EXISTING USES
REQUIRING CONDITIONAL USE APPROVAL.
Any use or structure in lawful existence at the time of
adoption or amendment of these zoning regulations
which would thereafter require a conditional use
approval under its provisions shall be construed to be
a nonconforming use. Such uses or structures may
become conforming upon application, review, and
approval as a conditional use according to the
procedures and standards set forth in these zoning
regulations for conditional use approvals. However,
if approval of a conditional use is not granted for
such use or structure, then it shall continue to be
construed as nonconforming. Any enlargement,
increase, extension, or intensification of a use or
structure which would require such approval as if it
were a
2002 S-17
new use or structure. Any alteration or movement of
such use which the development director finds does
not enlarge, increase, extend, or intensify the use,
shall not require conditional use approval, but shall
conform to all other applicable provisions contained
in the Boynton Beach Land Development
Regulations.
I. STATUS OF EXISTING USES
REQUIRING ENVIRONMENTAL REVIEW
PERMITS. Any use or structure in lawful existence
at the time of adoption or amendment of these zoning
regulations which would thereafter require an
environmental review permit approval under its
provisions shall be construed to be a nonconforming
use. Such uses or structures may become conforming
upon application, review, and approval of an
environmental review permit, according to the
standards and procedures set forth in these zoning
regulations for environmental review permits.
However, if approval of an environmental review
permit is not granted for such use or structure, then it
shall continue to be construed as nonconforming.
Any enlargement, increase, extension, or
intensification of a use or structure which would
require an environmental review permit shall require
such approval as if it were a new use or structure.
Any alteration or movement of such use which the
development director finds does not enlarge, increase,
extend, or intensify the use shall not require an
environmental review permit, but shall conform to all
other applicable provisions of the City of Boynton
Beach Land Development Regulations.
(Ord. No. 96-51, § 8, 1-21-97; Ord. No. 01-48, § 2, 9-
4-01)
Sec. ll.2.Conditional uses.
A. SCOPE. Where zoning district regulations
indicate that a use is allowed as a conditional use, the
procedures, requirements, and standards set out in this
section shall apply.
B. DEFINITION. A conditional use is a use
that would not be appropriate generally, or without
restriction, throughout a zoning classification or
district. Such uses however, if controlled as to area,
location, number, or relation to the neighborhood,
would promote public appearance, comfort,
convenience, general welfare, good order, health,
74 Boynton Beach Code
morals, prosperity, and safety of the city. Such uses
may be allowed in a zoning classification or district
as a conditional use if specific provision for such a
conditional use is made in these zoning regulations.
C. PROCEDURES. Any person, firm or
corporation owning property within the City of
Boynton Beach, desiring to obtain a conditional use,
shall proceed in the following manner:
t. The owner shall submit an application
to the planning director, on forms prescribed by the
director. Designation of a person other than the
owner to sign the application shall be in writing and
attached to the application. Each application shall be
accompanied by a fee as adopted by resolution of the
City Commission payable to the City of Boynton
Beach, Florida.
2. The planning director shall then refer
the application to the planning and development
board for a public hearing in accordance with the
following:
a. The owners of all property
located four hundred (400) feet surrounding the
subject parcel shall be notified.
b. The ownership of all the
surrounding properties as submitted by the applicant,
shall be reviewed by the city clerk, who shall notify
the owners by regular mail of the date and purpose of
the public hearing. Mailing shall be at least ten (t0)
days in advance of the public hearing so that owners
may be represented in person, or by proxy. For
notification purposes, the owners of property shall be
those recorded on the latest official county tax rolls.
c. Notice of the public hearing shall
also be advertised in a newspaper published in this
city at least ten (t0) days in advance of the hearing.
3. After holding a public hearing and
reviewing the application, the planning and
development board, subject to the standards of
subsection D below, may approve (with or without
conditions and safeguards) specifying a time limit
within which the conditional use must be developed,
or it may deny the conditional use. A written report
of the board's findings shall be forwarded to the City
Commission.
2002 S-17
4. Upon receipt of any report and
recommendation, the City Commission at a regular
meeting shall review the application, and subject to
the standards of subsection D below, may approve
(with or without conditions and safeguards)
specifying a time limit within which the conditional
use must be developed, or it may deny the
conditional use.
5. After receiving approval from City
Commission, the applicant may proceed to furnish
the necessary information to the development
department for obtaining building permits. The
development department shall not issue a building
permit unless such permit conforms in every respect
to the conditional use as approved by City
Commission.
D. STANDARDS FOR EVALUATING
CONDITIONAL USES. The planning and
development board and City Commission shall
consider only such conditional uses as are authorized
under the terms of these zoning regulations and, in
connection therewith, may grant conditional uses
absolutely or conditioned upon the faithful adherence
to and fulfillment of such restrictions and conditions
including, but not limited to, the dedication of
property for streets, alleys, recreation space and
sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens'
general welfare, or deny conditional uses when not in
harmony with the intent and purpose of this section.
In evaluating an application for conditional use, the
board and commission shall consider the effect of the
proposed use on the general health, safety and
welfare of the community and make written findings
certifying that satisfactory provision has been made
concerning the following standards, where
applicable:
1. Ingress and egress to the subject
property and proposed structures thereon, with
particular reference to automobile and pedestrian
safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
2. Off-street parking and loading areas
where required, with particular attention to the items
in subsection D. 1. above, and the economic, glare,
noise, and odor effects the conditional use will have
on adjacent and nearby properties, and the city as a
whole.
Zoning 75
3. Refuse and service areas, with
particular reference to the items in subsection D. 1.
and D.2. above.
4. Utilities, with reference to locations,
availability, and compatibility.
5. Screening, buffering and landscaping
with reference to type, dimensions, and character.
6. Signs, and proposed exterior lighting,
with reference to glare, traffic safety, economic
effect, and compatibility and harmony with adjacent
and nearby properties.
7. Required setbacks and other open
spaces.
8. General compatibility with adjacent
properties, and other property in the zoning district.
9. Height of buildings and structures,
with reference to compatibility and harmony to
adjacent and nearby properties, and the city as a
whole.
10. Economic effects on adjacent and
nearby properties, and the city as a whole.
11. Conformance to the standards and
requirements which apply to site plans, as set forth in
Chapter 4 of the City of Boynton Beach Land
Development Regulations.
12. Compliance with, and abatement of
nuisances and hazards in accordance with the
performance standards, Section 4.N of Chapter 2;
also, conformance to the City of Boynton Beach
Noise Control Ordinance, Chapter 15, Section 15.8 of
the Boynton Beach Code of Ordinances.
13. Required analysis. All conditional use
applications for bars, nightclubs and similar
establishments shall include the following analysis:
a. Data on the sound emitting
devices/equipment and the methods and materials to
be used to assure that the acoustic level of the City
Code will be met.
b. The analysis shall specify the
authority and/or basis for determination of the
acoustic level of the sound emitting devices/
equipment.
c. The analysis of any sound
retention, reduction or reflection shall include
information such as the nature, types and coefficients
of sound absorbent and sound-reflecting materials to
be used, coatings of the surfaces of ceilings, walls,
windows, and floors and insulation to be used.
d. It shall also verify that sound
standards shall be met during the normal opening of
doors for people entering and exiting the
establishment.
E. TIME LIMITATION; EXTENSION OF
CONDITIONAL USES.
1. When the City Commission approves a
conditional use, it shall establish a time limit within
which a conditional use may be developed. In the
event that the conditional use is not developed within
said time limitation, it shall expire unless
improvements representing twenty-five (25) percent
of the total cost of all improvements to be used in
developing a conditional use have been constructed
on the property.
2. The City Commission may extend a
conditional use approval in accordance with the
standards set forth herein. If the City Commission
does grant approval for an extension of a conditional
use, it shall also set a time period for such extension,
and in the event that development has not progressed
to the extent specified in subsection E. 1. above at the
expiration of the time period, then the extension shall
be deemed to have expired. However, an applicant
may apply for more than one (1) extension of a
conditional use.
a. An application for an extension of
a conditional use shall be submitted to the planning
director on forms prescribed by the director not less
than forty-five (45) days prior to its expiration. Each
application for extension shall be accompanied by a
fee as adopted by resolution of the City Commission,
payable to the City of Boynton Beach, Florida. The
2001 S-15
76 Boynton Beach Code
planning director, upon receipt of a properly
completed application, shall forward the same to the
planning and development board which shall make a
recommendation to the City Commission to either
approve or deny the extension request. If the
recommendation of the planning and development
board is for approval, it shall also recommend a time
period for the extension.
b. In evaluating applications for
extensions, the City Commission and planning and
development board shall use the following standards:
(1) Where there are substantial
physical improvements on the land. Development
approval for any extension is granted by the city only
to enable an applicant to complete development and
construction of a project as opposed to permitting a
land speculator to retain an approval to more readily
sell the land. Thus, consideration shall be given to
applicant's genuine desire to physically develop the
land involved as evidenced by his diligence and good
faith efforts to actually commence and complete
construction of the project for which original
approval was granted. In determining good faith,
some factors to be considered are: The extent to
which construction has commenced, when
construction has occurred (construction which is
commenced immediately preceding expiration
generally indicating a lack of good faith), and the
extent to which there has been a bona fide continuous
effort to develop but because of circumstances
beyond the control of the applicant, it was not
possible to meet the time limitation referred to in
subsection E. 1. above.
(2) When the land has not been
substantially physically improved or the applicant has
not met the standards of E.2.b.(1) above. The
application shall be evaluated in accordance with the
criteria set forth in Section 11.2D. which relates to an
original application to be considered under this
subsection, the planning director may require the
submission of such additional and current
information as he may deem appropriate to evaluate
the application. The additional and current
information requested shall be of the same type as is
required under Section 11.2F. for an original
conditional use application.
(3) When a conditional use
expires and no extension has been approved. Any
building permits outstanding with reference to such
conditional use shall also expire, unless as to a
particular permit, construction has commenced as
defined in Chapter 5 of this Code.
F. CONTENTS OF THE CONDITIONAL
USE APPLICATION. Applications for conditional
use shall contain the following items, where
applicable:
1. Statement of the applicant's interest in
the property to be developed, including a copy of the
last recorded warranty deed, and a certificate from an
attorney-at-law or a title insurance company
certifying who the current fee simple title holders of
record of the subject property are, and the nature and
extent of their interest therein, and
a. If joint and several ownership, a
written consent to the development proposal by all
owners of record, or
b. If a contract purchase, a copy of
the purchase contract and written consent of the
seller/owner, or
c. If an authorized agent, a copy of
the agency agreement and written consent of the
principal/owner, or
d. Ifa lessee, a copy of the lease
agreement and written consent of the owner, or
e. If a corporation or other business
entity, the name of the officer or person responsible
for the application, and written proof that said
representatives have the delegated authority to
represent the corporation or other business entity, or
in lieu thereof, written proof that he is in fact an
officer of the corporation.
2. Legal survey, prepared by a surveyor
registered in the State of Florida, showing an accurate
legal description of the subject property, and the total
acreage computed to the nearest one-tenth (1/10) of
an acre.
2001 S-15
Zoning 76A
3. Vicinity map showing the location of
the subject property in relation to the surrounding
street system.
4. Drawing showing the location of all
property lying four hundred (400) feet surrounding
the subject parcel, and a complete list of the property
owners' names, mailing addresses and legal
descriptions. The owners of property shall be those
recorded on the latest official county tax rolls. Such
list shall be accompanied by an affidavit stating that
to the best of the applicant's knowledge, said list is
complete and accurate.
5. Site plan drawn to an appropriate
scale, showing the following:
a. Name of the project.
b. Name, address, and telephone
number of the owner and applicant.
c. North arrow, date, and scale.
d. Legal description.
e. Location of all proposed buildings
and structures, indicating their setback distances from
the property lines and roadways.
2001 S-15
76B Boynton Beach Code
Zoning 77
f. Intended use of all buildings and
structures.
g. Existing and proposed means of
vehicular ingress and egress to the subject property.
Indicate traffic flow and show how vehicular traffic
will be separated from pedestrian and other types of
traffic.
h. Location of off-street parking and
loading areas, showing the number of parking spaces,
and the dimensions of parking aisles and driveways.
i. Location of all utility lines
including gas, power, sewer, water, etc.
j. Location of all buffers, fences,
screens and walls, showing height and type of
materials used.
k. Location of all signs indicating
height, lighting, and type of materials used.
1. Location of outdoor lighting
showing direction, height, and type.
m. Location of solid waste
containers, refuse, and service areas, indicating
dimensions, type of materials used, and type of
screening.
n. Site development date, including:
(1) Zoning district
(2) Area of subject property
sq. ft. __ acres.
(3) Type of development
(4) Parking spaces required
(5) Parking spaces provided
(6) Ground floor building area
sq. ft. __% of site.
(7) Total floor area __ sq. ft.
% of site.
(8) Landscape area
ft. % of site.
sq.
(9) Parking and street area
sq. ft. __% of site.
(10) Building heights __ ft.
stories
If the proposed project is a residential development,
the following additional data shall be shown:
(11) Number of dwelling units
(12) Gross density
(13) Number and type of dwelling
units:
(a) Efficiency
(b) One bedroom
(c) Two bedroom
(d) Three bedroom
(e) Four bedroom
(f) Total number of units
(14) Floor area of each type of
dwelling unit:
(a) Efficiency sq.
(b) One bedroom__ sq.
ft.
(c) Two bedroom __ sq.
ft.
(d) Three bedroom __ sq.
ft.
78 Boynton Beach Code
sq. ft.
(e) Four bedroom
following:
(15) Indicate the total area of the
(a) Principal buildings
sq. ft. % of site.
(b) Accessory buildings
sq. ft. % of site.
(c) Recreation areas
sq. ft. % of site.
(d) Water bodies
sq. ft. % of site.
(e) Golf course
sq. ft. % of site.
o. Any other information necessary
to establish compliance with the section.
Furthermore, any information required for site plans
in accordance with Chapter 4 of the City of Boynton
Beach Land Development Regulations shall also be
required.
(Ord. No. 01-09, § 2, 2-6-01)
convenience, good order, health, morals, prosperity,
Sec. ll.3.Environmental review permits.
A. SCOPE. Where zoning district regulations
indicate that a use may be allowed subject to
obtaining an environmental review permit, the
procedures, requirements, and standards set forth in
this section shall apply.
B. INTENT AND PURPOSE. Those uses
which require an environmental review permit in a
zoning district are uses which would be appropriate
in the particular zoning district only upon findings by
the environmental review committee to the effect that
the establishment of the use in a particular manner on
a specific site would not violate the provisions of
Section 4.N, Chapter 2, would not impair the
functioning of any infrastructure or public services,
would not impair the use, enjoyment, value, or
development of adjacent or nearby property, and
would not impair the general appearance, comfort,
safety, or general welfare of the city or the public.
Such uses may be allowed upon the submission,
review, and approval of an application for an
environmental review permit according to the
standards, requirements, and procedures set forth in
this section.
C. PROCEDURES. Any person, firm, or
corporation owning property within the City of
Boynton Beach, or intending to operate a use
thereupon, and desiring to obtain an environmental
review permit for the use of such property, shall
proceed in the following manner:
1. The owner shall submit an application
to the city planner, on the forms prescribed by the
city planner. Data and plans contained in or
accompanying the application may be for the
maximum anticipated extent of the project or any
characteristic thereof, and approval of an
environmental review permit shall be for any extent
of the project, up to and including the maximum
approved. A single application and application fee
may include one or more uses requiring an
environmental review permit, provided that all such
uses are located on the same premises or property.
2001 S-15
All applications shall contain at a minimum, the
following information:
a. Name of the project.
b. Name, address, and telephone
number of the owner, applicant, and agent.
c. Authorization, by the owner, of
any person other than the owner to sign the
application, to be provided in writing and attached to
or contained in the application.
d. Statement of the applicant's
interest in the property.
site.
prepared
e. Street address or location of the
f. Legal description of the site.
g. Intended use(s) of the site.
h. Names of all persons who
Zoning 79
the documents and plans accompanying the
application, including the architect, landscape
architect, site planner, engineer, surveyor, and traffic
engineer.
i. Zoning district.
j. Area of the site, in acres and
square feet.
k. Total floor area, and floor area to
be devoted to each use.
1. Maximum height of structures on
site, in feet and stories.
2. The following information and
showings shall be contained on the plans or
documents, provided in six (6) copies, accompanying
the environmental review permit application. The
applicant shall have the option of stating that any of
the information or showings listed below is not
provided, if the environmental review committee finds
that such information or showings are nonessential.
a. Boundaries and dimensions of the
parcel.
b. Numerical scale, graphic scale,
north arrow, and date.
c. Adjacent land uses and zoning
districts.
d. Zoning district setback lines on the
site.
e. Pavement edge and/or right-of-
way lines for all streets, alleys, sidewalks, mm lanes,
driveways, and unimproved rights-of-way, within one
hundred (100) feet of the site; also, names of adjacent
streets and rights-of-way.
f. Location of all proposed
structures, and any existing structures that are to
remain on site.
g. Setback of all structures from
property lines.
h. Use of each structure, indicated
on the site plan.
i. Indication of the height and
number of stories of each structure.
j. General floor plans for all
structures, including indication of all window and
door openings and their sizes.
k. Uses within each structure,
indicated on floor plans.
1. Uses outside of structures, and
approximate extent, indicated on the site plan.
m. Location of walls, fences, and
hedges, including their height and materials.
n. Information regarding form of
ownership (condominium, fee simple, lease, etc.)
o. Location of existing utility lines
on or adjacent to the property indicated on the site
plan. Also, location of existing fire hydrants on or
within three hundred (300) feet of the site.
p. Location of additional fire
hydrants, to meet standards set forth in Article X,
Section 16, of the subdivision and platting
regulations.
q. Fire flow calculations justifying
line size for both on and off-site water lines, if new
water lines or fire hydrants are required.
r. Schematic engineering drawings
for proposed utilities as per city specifications.
s. General location of off-street
parking and loading facilities and number of parking
and loading spaces; also, location of entrance
driveways and interior driveways.
t. Description of machinery, tools
and processes to be used on the premises.
u. Description of any potentially
flammable, explosive, toxic, noxious, or otherwise
hazardous or offensive materials to be transported to
80 Boynton Beach Code
and from the site, including methods of transport and
transfer, and maximum quantities. Also, description
of any such materials to be stored, used, and produced
on site, including maximum quantities.
v. General description of solid waste
that would be produced; specific description of any
flammable, explosive, toxic, noxious, or otherwise
hazardous or offensive solid waste, including
maximum quantities and methods of disposal.
w. Description of potential nuisances
and hazards, including odors, heat, glare, radiation,
noise, vibration, smoke, dust, dirt, toxic or noxious
matter, fire and explosion hazards, and
electromagnetic interference, and plans for prevention
or abatement of such nuisances and hazards.
x. Description of quantity of flow and
rates of discharge, and analysis of liquid waste
consistent with Section 26-81 of the City of Boynton
Beach Code of Ordinances, and any plans for
pretreatment, control over quantities and rates of
discharge, or payment to cover the added cost of
handling and treating the wastes.
y. Plans for emergencies including
fire, explosion, and escape of toxic, flammable,
radioactive, or otherwise hazardous materials, where
such hazards would exist on the premises.
z. Any other engineering and/or
technical data, as may be required by the
environmental review committee to determine
compliance with the provisions of the City of Boynton
Beach Code of Ordinances and Land Development
Regulations, and the intent and standards set forth in
this section.
3. Application fee. No application for an
environmental re-view permit shall be accepted or
processed unless a fee as adopted by resolution of the
City Commission is paid to the city at the time the
application is submitted. Said fee shall be paid in
addition to any other fees which may be required for
approval of the project.
4. Environmental review committee, esta-
blishment and composition. An environmental review
committee for the review and approval of applications
for environmental review permits is hereby
established, which shall consist of the development
director, the utilities director, the public works
director, the city engineer, the fire chief, and the
planning and zoning director, or their duly authorized
representatives, and any other persons that the city
manager may designate as members of the
environmental review committee, either permanently
or with respect to a particular application.
5. Duties of environmental review
committee. The environmental review committee
shall review every application for an environmental
review permit, in order to coordinate the technical
advice and expertise of the members of the
committee, to ensure compliance with the standards,
requirements, and procedures of this section, and to
ensure compliance with all applicable provisions of
the City of Boynton Beach Land Development
Regulations.
6. Environmental review permits and
other use or development permits. No building
permit or occupational license shall be issued, and no
site plan as set forth in Chapter 4 shall be approved,
or any other use or development permit or approval
shall be granted, for a use requiring an environmental
review permit, until an environmental review permit
has been granted. Site plan review may proceed
simultaneously with review of an environmental
review permit application, and plans and documents
submitted for review of an environmental review
permit may also be used for site plan review;
provided, however, that in all cases approval of the
environmental review permit shall precede approval
of the site plan.
7. Environmental review permits and
state pollution control regulations and permits. In the
event that state regulations or permits would apply to
emission of pollutants from a use, such regulations
and permits shall govern in all cases provided that an
environmental review permit is granted for the use.
Where the level of pollution discharge which would
be lawful under state regulations and permits would
not meet the standards set forth in Section 11.3.D.,
such use shall not be granted an environmental review
permit. In no case shall the issuance of an
environmental review permit be construed to relieve
the applicam from complying with or obtaining
2002 S-18
Zoning 81
applicable federal, state, or county regulations or
permits of any type.
8. Review procedure. In the review of
applications for environmental review permits,
members of environmental review committee shall
make written comments as to the desirability of the
use described in the application locating on the site
proposed, and modifications that are recommended to
the proposed use and development of the property in
order to meet the standards set forth in Section 11.3.D.
No application shall be considered to be approved
until all members of the environmental review
committee have approved the application. The
environmental review committee may impose any
conditions and safeguards necessary to ensure
compliance with the standards set forth in Section
11.3.D. and shall not approve any application for an
environmental review permit that does not comply
with such standards. The environmental review
committee may disapprove any application in whole
or in part, or any characteristic of the use described
therein, which does not comply with such standards.
The committee shall designate a secretary who shall
be responsible for recording the findings of the
committee with respect to the conformance of the
application with the standards set forth in Section
11.3.D., insofar as such findings are grounds for
disapproving or requiring modifications to the
application, and any specific modifications which are
to be imposed on the application. The secretary shall
notify the applicant in writing of such findings, and
any conditions, safeguards, limitations, or
modifications which are required. Such notification, if
the application is approved, shall constitute the
environmental review permit.
9. Actions by the environmental review
committee. The environmental review committee,
after review of the application, shall take one of the
following actions:
submitted;
a. Approve the application as
b. Request additional information
and/or modifications to the application before further
action on the application is taken; or
c. Disapprove the application.
No application for an environmental
review permit shall be approved until it has been
approved in its final form by the environmental
review committee without requiring further
information or modifications.
10. Presence of applicant at review. The
applicant or his agent may be present at the review of
the application or any subsequent review of the
permit by the environmental review committee. The
committee or any member thereof may require the
attendance of the applicant or his agent for the review
of the application or permit. Failure of the applicant
to attend when requested to do so shall negate the
provisions of Section 11.3.C. 11.
11. In the event that the environmental
review committee fails to review the application and
act on the application as set forth in 11.3.C.9. within
thirty (30) days after the application is received and
accepted by the city planner, the application for
environmental review permit shall be deemed to be
approved as submitted. Upon written request by the
applicant, and with the approval of the environmental
review committee, the time limitation specified above
may be extended for a specified period of time.
Where time limitations would be in effect both for
action by the environmental review committee and
for other use or development permits or approvals,
only the time limitations for action by the
environmental review committee shall be in effect
until the committee takes final action on the
application.
12. Permit conditions. The application
form and all accompanying plans, papers, and
documents shall be considered to be the application
for the purposes of this section. The application as
approved in its final form by the environmental
review committee shall be considered to be the
conditions of the environmental review permit which
is subsequently granted. No building permit,
occupational license, site plan approval, or other use
or development permit or approval shall be issued
that does not fully comply with all permit conditions.
No changes in permit conditions shall be made except
in accordance with Sections 11.3.C. 15. or 11.3.C. 16.
13. Expiration of environmental review
permits; time extensions.
82 Boynton Beach Code
a. In the event that an application for
a building permit has not been received and accepted
by the development department within one year, or in
such cases that a building permit is not required, an
occupational license has not been issued within one
year from the date of final approval of the
environmental review permit application, the permit
shall become null and void. In cases where
subsequent approval of a site plan under Chapter 4 is
required, the time limitation specified in this
paragraph shall be measured from the date of final
approval of the site plan. One or more time extensions
for a period not to exceed one year each may be
granted by the environmental review committee. Such
time extensions shall be accompanied by findings by
the committee that good cause, as defined in Section
11.3.C. 16., does not exist for disapproval of the time
extension or modification of the permit conditions.
Where such time extension has been granted, the
committee may except the environmental review
permit from any amendments to the City of Boynton
Beach Land Development Regulations which had been
adopted since the date of final approval of the permit,
for a single period not to exceed one year. Where
such exception has not been granted, a time extension
shall not be considered until a revised application,
showing conformance to the particular section(s) of
the Regulations, has been submitted to and approved
by the committee. No application fee shall be required
for an application for time extension; however, if such
time extension is denied, then any new application
shall require a fee, and shall be processed as if it were
a new application.
b. A permit shall also expire if
surrendered by the permit holder or if the use which is
permitted ceases for any reason, except when
government action impedes access to the premises, for
a period longer than three hundred and sixty-five (365)
consecutive days, or the same number of total days in
any three-year period.
14. Suspension or revocation of
environmental review permits.
a. Environmental review permits
shall be effective until suspended, revoked,
surrendered, or expired.
b. An environmental review permit
shall not become a vested property right in the permit
holder or the premises on which the use is located.
The environmental review committee may suspend or
revoke any such permit if it finds that the permit
holder or his agent:
(1) Has violated any applicable
law regarding the permit, any of the standards set
forth in Section 11.3.D., or any of the permit
conditions.
(2) Has submitted false or
inaccurate information in or accompanying the
application for an environmental review permit.
(3) Has refused lawful
inspection under Section 11.3.C. 19.
c. No suspension or revocation of a
permit shall become effective until written notice has
been provided to the permit holder, specifying the
law, standard, and/or permit condition alleged to have
been violated, and the facts alleged to constitute a
violation thereof. The permit holder shall be allowed
not less than thirty (30) days between the date of
notification and the date of review of the suspension
or revocation of the permit by the environmental
review committee. This paragraph shall not restrict
the development director from lawful action under
Section 11.3.C. 19.
15. Modifications to environmental review
permits. The following requirements, standards, and
procedures shall apply to any proposed modifications
to an environmental review permit or any permit
conditions.
a. Types of modifications requiring
notice to the city planner. The following types of
modifications to a previously approved environmental
review permit shall require that the applicant submit
to the city planner six (6) copies of a written and/or
graphic description of the proposed modification:
(1) Any change in quantities or
types of potentially hazardous, flammable, toxic,
noxious, or otherwise hazardous or offensive
materials that are to be transported to or from the
premises, or stored, used, or produced on the
Zoning 83
premises, from the maximum quantities or types
specified in the approved permit application. Also,
any changes in the methods of transport, storage,
processing, use, production, or disposal of such
materials from that specified on the approved permit
application.
(2) Any change that could
potentially cause the use to not be in compliance with
the standards set forth in Section 11.3.D.
(3) Any addition of or change to
another use requiring an environmental review
permit.
(4) Any modification to a
condition of approval, specifically imposed by the
environmental review committee, with respect to the
abatement or prevention of a nuisance or hazard, or
with respect to any of the standards set forth in
Section 11.3.D.
(5) Where application for site
plan approval or modification is made, and a member
of the environmental review committee requests
notification to the city planner consistent with
11.3.C. 15.a. above. Review of modifications to an
environmental review permit may proceed
simultaneously with review of a site plan, and plans
and documents submitted for review of a site plan
may also be used for an application to modify an
environmental review permit; provided, however,
that in all cases, approval of such modification shall
precede the approval of the site plan.
b. Upon receipt and acceptance of
an application for modification to an environmental
review permit, the city planner shall transmit a copy
of same to all members of the environmental review
committee. Each member of the committee shall
notify the city planner in writing either that he has no
objections to the proposed modification, requests
additional information from the applicant, or requests
that the committee review the proposed modification.
Where no objections are stated by any member of the
environmental review committee, the proposed
modification shall, without further action, be
considered to be approved. If any member of the
committee states an objection to the proposed
modification, requests that certain limitations or
conditions be placed on the proposed modification, or
requests that the committee review the proposed
modification, then the environmental review
committee shall meet and review the proposed
modification. Where review by the committee is
required, then an application shall be submitted and
an application fee shall be paid, and the proposed
modification shall be reviewed according to the
standards and procedures for an original application,
except that the plans and documents accompanying
the application may be limited to those materials
which would be relevant to the proposed
modification.
16. Modifications to permits initiated by
the environmental review committee. The
environmental review committee may require the
holder of a permit from time to time, and for good
cause, to conform to new or additional conditions,
specify a time limit for compliance with same, and
grant time extensions. The city planner shall provide
written notice to the holder of the permit that a
modification to the permit conditions is to be
considered by the environmental review committee,
and may request that plans, documents, or other
information relevant to the proposed modification be
submitted to the city planner. No application fee shall
be required from the permit holder in such cases, and
the permit holder shall be allowed not less than thirty
(30) days between the date of notification and the
date of review by the environmental review
committee.
For the purpose of this section, good
cause shall include but shall not be limited to, the
following:
a. A showing that any of the
standards set forth in Section 11.3.D. which were in
effect at the time the permit was issued are not being
complied with.
b. A showing that an improvement
in the abatement or prevention of nuisances or
hazards can be accomplished because of
technological advances, without imposing
unreasonable hardship.
c. A showing that new scientific
knowledge exists which indicates that the hazards
associated with the use are significantly greater than
previous knowledge had indicated.
84 Boynton Beach Code
17. Transfer of permits. An
environmental review permit shall be issued in the
name of a person, firm, or corporation and shall be
valid for only the person, firm, or corporation named
on the permit. Upon sale or transfer of the use or
premises, the new owner or operator shall apply in
writing to the city planner for a transfer of permit
within thirty (30) days of the date of transfer or sale.
Unless the transferor notifies the city planner in
writing of the transfer and to whom the permit is
transferred, the transferor shall remain liable for
performance in compliance with the permit until the
permit is transferred.
18. Operational problems. In the event that
the permit holder is temporarily unable to comply
with the permit conditions, due to the breakdown or
damage to equipment or structures, or for other
reasons, the permit holder shall immediately notify
the development director. Such notification shall
include information as to the case, and what measures
are being taken to correct the problem and prevent its
recurrence.
19. Enforcement. Enforcement of this
section and any permit conditions shall be in
accordance with Chapter 1, Article I, Section 6 of the
Boynton Beach Land Development Regulations.
Violation of any provision of this section or of any
permit condition shall be considered a violation of
these zoning regulations. The development director
or his duly authorized representative may enter any
building, structure, or premises to enforce any
provision of this section, to ensure compliance with
any permit condition, or to perform any other duty
imposed upon him by this section. Where any use
requiring an environmental review permit is
constructed, operated, or maintained in violation of
any permit condition, or any of the standards set forth
in Section 11.3.D., or presents a clear and present
danger to the persons or property, the development
director or his duly authorized representative may
immediately require operation of the use to be
stopped, or require any nuisances or hazards to be
abated or removed. Such notice shall be in writing
and shall be given to the owner or operator of the
property or use, or his agent. The environmental
review committee may review any such order of the
development director to determine
if action consistent with Sections 11.3.C. 16. should
be taken.
20. Appeals from decisions of the
environmental review committee. All appeals from
decisions of the environmental review committee
shall be considered decisions of an administrative
official.
D. FACTORS AND STANDARDS TO BE
CONSIDERED BY THE ENVIRONMENTAL
REVIEW COMMITTEE IN THE REVIEW OF
PERMIT APPLICATIONS. No application for an
environmental review permit shall be approved by the
environmental review committee unless the
committee has made findings to the effect that the
proposed use and development of the property
conforms to standards set forth below. Approval of an
environmental review permit by the committee shall
constitute a finding that the following standards have
been met by application.
1. The proposed use is allowed in the
zoning district in which it would be located, subject to
approval of an environmental review permit.
2. The proposed use conforms to the
intent and purpose of this section.
3. The proposed use meets the
performance standards for nuisances and hazards set
forth in Section 4.N. of these zoning regulations.
4. The proposed use conforms to
accepted industry and insurance standards and good
engineering principles and standards for the transport,
storage, and use of materials, design of structures, the
design and operation of machinery, and the abatement
or prevention of nuisances and hazards.
5. The proposed use would be compatible
with the character of the surrounding area and the city
as a whole, including both present and future
development.
6. The proposed use would conform to
the city's comprehensive plan and any detailed plans
adopted pursuant to the comprehensive plan,
including, but not limited to, requirements of the
Treasure Coast Regional Planning Council.
1997 S-5
Zoning 85
7. The proposed use and development of
the premises would conform to all applicable
provisions of the City of Boynton Beach Land
Development Regulations.
8. The proposed use would not have a
significant adverse economic impact or blighting
influence on adjacent or nearby property or the city as
a whole, and would not significantly reduce property
values or impair the developability of adjacent or
nearby properties.
9. The height, bulk, and location of
proposed structures would be compatible with
adjacent and nearby property, and the city as a whole.
10. Proposed screening and buffering
measures would be adequate for reducing nuisances,
hazards, and visual impacts.
11. The proposed use would not constitute
a serious hazard in case of flooding, storms, tornadoes,
or hurricanes.
12. The proposed use would be compatible
with surrounding streets and roadways, would have
adequate ingress, egress, and traffic control, would not
significantly impair the safety or convenience of
vehicular or pedestrian traffic, and would provide
necessary improvements on both private property and
on rights-of-way, in order to mitigate negative
impacts. Also, the proposed use would not cause
damage or excessive wear to streets and roadways.
13. The proposed use would have adequate
access for police and fire protection, and emergency
ambulance or rescue service.
14. The proposed use would have adequate
plans for emergencies, including fire and explosion,
and the escape of flammable, explosive, toxic, or
noxious materials.
15. The proposed use would have adequate
space for off-street parking and loading.
16. The proposed use would have adequate
provision for solid waste collection.
17. The proposed use would have adequate
provision for the construction and maintenance of
utilities and other public services.
18. The proposed use would have
appropriate hook-up locations for utilities, and utility
lines in the area are available for and are compatible
with the proposed use.
19. Adequate water supply and water lines
exist for the fire flow that would be required for the
proposed use, and the fire protection required for the
proposed use would be compatible with available fire
protection equipment. Also, fire hydrants would be
located with sufficient proximity to the proposed use.
20. Adequate water supply exists for the
water that would be consumed by the proposed use.
21. Waste water discharges from the
proposed use would be compatible with the capacity
of wastewater treatment facilities and would not
impair the operation of wastewater treatment
facilities.
22. The proposed use would be staffed by
qualified personnel so as to ensure the operation and
maintenance of the use in conformance with the
standards set forth in this section.
(Ord. No. 96-51, § 9, 1-21-97; Ord. No. 02-033, §§ 2,
4, 8-20-02)
Sec. 12. Interpretation and purpose.
In interpretation and application of this
ordinance, the provisions herein shall be held to be
the minimum requirements for the promotion of the
public health, safety, morals and general welfare of
the community. It is not intended by this ordinance to
interfere with or abrogate or annul any easements,
covenants or other agreements between parties;
provided, however, that where this ordinance imposes
a greater restriction upon the use of buildings or
premises or upon the height of buildings, or requires
larger open spaces than are imposed or required by
other ordinances, rules, regulations or by easements,
covenants or agree-ments the provisions of this
ordinance shall control; and provided further that this
ordinance shall not be
2002 $-18
86 Boynton Beach Code
construed as superseding any special act of the
legislature relative to the subject matter of this ordi-
nance. If, because of error or omission in the zoning
map, any property in the city is not shown as being in
a zoning district, the classification of such property
shall be R-1-A single-family, unless changed by
amendment to this ordinance.
Sec. 13. Existing bulkhead line ratified and
confirmed.
The bulkhead line heretofore established with the
city limits by Ordinance No. 289 of the city, in
accordance with Map No. R-56-006 entitled
"Bulkhead Line of the City of Boynton Beach,
Florida" dated September, 1956, is hereby ratified and
confirmed and said map is hereby adopted by
reference and made part hereof. There shall be no
bulkhead, seawall, or other structure for land filling
into the water of Lake Worth, which shall extend
eastward from the existing shoreline other than as
shown on the map referred to above.
Sec. 14. Bulkhead line; permit required for land
filling.
It shall be required, prior to commencing any
operation for land filling within the area as shown on
the map described in Section 13, a permit for land
filling, all of which shall be in accord with the
directions and approval by the City Commission. The
improvement, or fill, shall have a minimum elevation
of not less than six (6) feet above mean sea level
according to the current U.S. Government Geodetic
Survey. Any such applicant shall also be required to
comply with all rules, regulations, or other
requirements of the Trustees of the Internal
Improvement Fund of the State of Florida, U.S. Army
Engineers or other governmental body regulating land
filling operations of the above nature.
Sec. 15. Conflict of interest.
No member of these boards shall have any
interest, financial or otherwise, direct or indirect, or
engage in any business transaction or professional
activities or incur any obligation of any nature which
is in conflict with the proper discharge of his duties in
the public interest.
Sec. 16. Bed and breakfast.
A. PURPOSE. It is the purpose of this section
to provide a minimum set of standards to allow bed
and breakfast establishments within certain zoning
districts of the city, while setting forth criteria to
differentiate them from boarding or rooming houses.
Bed and breakfast establishments shall be approved
through the Department of Development and City
Commission by special land use and building permit
procedures.
B. REGULATIONS AND STANDARDS:
1. "Bed and breakfast establishment"
shall be defined as follows: A private owner
occupied residence having more than three and less
than ten guest units. The bed and breakfast
establishment is subordinate and incidental to the
main residential use of the building.
2. In addition to the requirements of the
underlying zoning district, all other applicable general
regulations, parking regulations, special conditions
imposed through the conditional use process, and
local, state and federal building codes, the following
requirements shall apply to bed and breakfast
establishments:
Department
by:
a. Each application to the
of Development shall be accompanied
(1) A detailed site plan
illustrating the location of all structures and
improvements, parking, buffering, landscaping the
location of guest units and guest parking spaces and
signs shall be submitted for conditional use approval
by the city.
(2) Floor plans drawn to scale
showing each of the guest units to be designated and
the access to, and egress from, each such unit. All
walls separating guest units in a structure shall be
fireguarded to the two hour time limit.
2002 $-18
Zoning 87
(3) Where exterior changes are
proposed, an elevation, or other visual representation,
of the facade to be changed sufficient to show the
architectural character of the dwelling is maintained
as a single family structure. Efforts should be made
to ensure the structure is consistent with the integrity
of the neighborhood in which it is located.
b. Zoning restrictions: Such
facilities shall be allowed only upon land that is
zoned for residential structures.
c. Licenses and permits: The
establishment shall obtain all required business
licenses and health permits and shall otherwise
comply with all building, sign, sanitary and fire
codes. Prior to obtaining an occupational license,
which shall be renewed annually, the City Building
Official shall conduct an inspection of the property to
determine compliance with the current requirements
of the City's Land Development Regulations and
State Building Codes.
d. Parking: Required parking spaces
shall be calculated on the basis of one space per each
employee, manager or owner and one parking space
for each guest unit. Newly created parking may be
located only in the rear and side yard.
e. Common Area: Within each bed
and breakfast establishment, a common area must be
provided for a central dining area and for at least one
sitting/reading/discussion room.
f. Number of units: The number of
bedrooms and bathrooms provided should be as
existed when the structure was originally constructed,
including additions, unless modifications are
necessary to comply with Building, Fire and/or
Health Codes.
g. Restrictions on use and
employees:
(1) Except as hereinafter
provided, there shall be no cooking facilities or food
storage in any guest unit. Breakfast shall be the only
meal provided for paying overnight guests. The
breakfast meal shall not be served after 11:00 a.m.
(2) The maximum stay for each
individual who is using the facility shall be 14
consecutive days and not more than 14 days during
any 45 day period. The owner and/or manager shall
maintain a guest book, which accurately identifies all
customers for each night's lodging. This register of
guests shall be available to City Inspectors during
reasonable business hours.
(3) The owner of the bed and
breakfast establishment must reside in the inn or
elsewhere on the premises.
h. Signage: All signs shall conform
to the regulations of the underlying zoning district.
i. Items for sale: Commercial social
events and sale and/or display of merchandise is
prohibited in the bed and breakfast establishment.
j. Existing kitchenettes within one
or more guest units of a bed and breakfast
establishment are considered within the scope of this
section and will not have to be removed.
(Ord. No. 98-42, § 1-2, 12-1-98; Ord. No. 00-47, § 1-
2, 9-19-00)
Sec. 17. Sidewalk caf&
A. DEFINITIONS. The following words,
terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section,
except when the context clearly indicates a different
meaning.
Permittee shall mean the lawful holder of a sidewalk
caf~ permit obtained pursuant to the terms and
provisions of this article.
Right-of-way shall mean land in which the state, the
Florida Department of Transportation, Palm Beach
County or the City of Boynton Beach owns or has an
agreement devoted to or required for use as a
transportation facility or street.
Sidewalk shall mean that portion of the right-of-way
which is located between the curbline or the lateral
line of a street and adjacent property line and which is
intended for use by pedestrians.
2001 S-15
88 Boynton Beach Code
Sidewalk caf~ shall mean the placing, locating, or
permitting of the placing and locating of chairs and
tables within the sidewalk area adjacent to a business
licensed to operate as a restaurant or a nightclub as
defined in the Code.
Street means that portion of a right-of-way improved,
designed or ordinarily used for vehicular traffic or
parking.
B. PERMIT REQUIRED. It shall be unlawful
for any person to operate a sidewalk caf~ abutting any
sidewalk or public right-of-way within the city
without obtaining a permit as required by this article.
Sidewalk cafes shall be located only where
permissible as prescribed herein. No person shall
establish a sidewalk caf~ abutting any sidewalk
unless such person has obtained a valid permit for a
sidewalk caf~ pursuant to this article.
Thirty (30) days from the effective date of this
article, any person or entity operating a sidewalk caf~
without a permit or any property owner allowing the
operation of a sidewalk caf~ without a permit upon
his/her/its property shall be subject to penalties as
provided in this article.
C. GEOGRAPHIC LIMITATION. Sidewalk
cafes shall be limited to the boundaries of
Community Redevelopment Area zoning districts
which allow restaurants or nightclubs, subject to any
limitations or restrictions of the particular zoning
district.
D. PERMIT FEE.
1. The annual permit fee for establishing
or maintaining a sidewalk caf~ shall be $3.75 per seat
with a minimum charge of $93.00.
2. The permit fee shall be paid on or
before October 1st and shall cover the time period
from October 1st through September 30th of the
following calendar year, provided, however, that for
the 2001-2002 year; the fee shall be due and payable
on or prior to operation and prorated for the year. No
permit shall be issued for any fractional portion of the
year; provided, however, that any person or entity
operating a sidewalk caf~ for a period beginning after
April 1 st, may obtain a permit for the remaining
portion of the fiscal year upon payment of one-half of
the permit fee required by this article. No refund of
fees shall be allowed.
3. The permit fees collected pursuant to
this section from sidewalk cafes located in the City of
Boynton Beach shall be placed in the general revenue
fund.
E. PERMIT APPLICATION.
1. Application for a permit to operate a
sidewalk caf~ shall be made at the Department of
Development Office of Occupational Licenses. Such
application shall include:
a. Name, address and telephone
number of the applicant.
b. Name and address of
restaurant/night club.
c. A copy of a valid City of Boynton
Beach occupational license to operate a restaurant or
a nightclub adjacent to the sidewalk which is the
subject of the application.
d. In the case of a new or newly
renovated facility, a copy of a valid certificate of
completion for the building frontage adjacent to the
sidewalk which is the subject of the application.
e. Evidence of insurance containing
terms required under section G. of this article.
f. A drawing to scale showing the
layout and dimensions of the existing sidewalk area
and adjacent private property, proposed location, size
and number of tables, chairs, steps, trees, parking
meters, bus shelters, sidewalk benches, trash
receptacles, and any other sidewalk obstruction either
existing or proposed within the pedestrian area.
g. Photographs, drawings or
manufacturer's brochures fully describing the
appearance of all proposed tables, chairs, umbrellas
or other objects related to the sidewalk cafe.
2001 S-15
Zoning 89
h. Written approval by the building
owner as to the proposed use of the sidewalk and
building frontage for a sidewalk caf6.
i. A nonrefundable application fee
of forty dollars ($40.00).
2. Applications shall be reviewed for
compliance with city ordinances and must be
approved by the CRA Board. Final approval shall be
from the City Commission.
F. REQUIREMENTS OF A SIDEWALK
CAFI~ PERMIT.
1. Sidewalk caf6s shall be restricted to
the private sidewalk frontage of the licensed
restaurant or nightclub to which the permit is issued
or within the private sidewalk frontage of the building
where the validly licensed restaurant or nightclub are
located.
2. Tables or chairs shall be located a
minimum of five (5) feet from a pedestrian crosswalk
or handicap ramp, bus stop shelter, bus stop sign, taxi
stand, stop sign or fire-hydrant.
3. A clear pathway, parallel with the
street, with a minimum width of four (4) feet, shall be
maintained for through pedestrian traffic. This
requirement must be consistent with the Landscape
Code.
4. In areas of congested pedestrian
activity, the City Commission is authorized to require
a wider pedestrian path, as circumstances dictate.
5. Temporary objects, including
landscaping, shall be permitted around the perimeter
of an area occupied by tables and chairs in
accordance with all other requirements of this section.
6. Tables, chairs, umbrellas, canopies,
awnings, and any other objects utilized as part of the
sidewalk caf~ shall be of quality design, materials,
size, elevation and workmanship both to ensure the
safety and convenience of users, and to enhance the
visual quality of the urban environment. Design,
materials and colors shall be approved by the CRA
Board and City Commission prior to the issuance of
the sidewalk caf~ permit.
7. Awnings, umbrellas and other
decorative material shall be fire-retardant, pressure
treated or manufactured, or fire resistant material.
Signs on awnings, umbrellas, chairs, tables and any
other fixtures which are placed on the public right-of-
way shall be limited to the name of the principal use.
Lettering may not exceed four (4) inches in height.
8. All tables, chairs, umbrellas, canopies,
awnings, and any other objects as part of the sidewalk
caf~ shall meet the following minimum design
standards:
a. Contribute to the aesthetic
appearance of the area where the sidewalk caf~ is
proposed by promoting the design and color theme
applicable to that area;
b. Contribute to the efforts of
community identity and redevelopment;
c. Not constitute or create traffic or
pedestrian hazards; and
d. Respect Community standards
relative to decency and obsenity.
9. Prior to forwarding the application to
the CRA Board, the CRA Director or designee shall
certify that there are no outstanding fines, moneys,
fees, taxes or other charges owed to the City by the
current or past owners or operators of the property
requesting a sidewalk caf~ permit. A sidewalk caf~
permit will not be issued until all outstanding debts to
the city are paid in full.
10. One (1) menu board only shall be
permitted and limited to a maximum of four (4)
square feet. The menu board location shall be shown
on the permit. The menu board shall not be a
sandwich sign.
11. Any food service establishment that
qualifies under the conditions of this article may
redesign the face of their establishment to allow for
doors or panels that permit the establishment to have
totally open sides allowing for an indoor/outdoor
%af~" design. These changes in the building can
only be made after a proper building permit is issued,
said changes otherwise comply with this Code, and
all appropriate fees paid.
2001 S-15
90 Boynton Beach Code
G. LIABILITY AND INSURANCE.
1. The permittee agrees to indemnify,
defend, save and hold harmless the city, its officers
and employees from any and all claims, liability,
lawsuits, damages and causes of action which may
arise out of this permit, or the permittee's activity on
the premises by executing a written hold harmless
agreement.
2. The permittee agrees to meet and
maintain for the entire permit period, at his/her own
expense, the following requirements:
a. Commercial general liability
insurance in the amount of one million dollars
($1,000,000.00) per occurrence for bodily injury and
property damage. The city must be named as an
additional insured on this policy, and an endorsement
must be issued as part of the policy reflecting this
requirement.
b. Worker's compensation and
employer's liability as required by the state.
c. All policies must be issued by
companies authorized to do business in the state and
rated B+: VI or better per Best's Key Rating Guide,
latest edition.
d. The city must receive thirty (30)
days written notice prior to any cancellation,
nonrenewal or material change in the coverage
provided.
e. The permittee must include in the
application an original certificate of insurance as
evidence that the above requirements have been met.
Failure to maintain these requirements shall justify a
suspension or revocation of a sidewalk caf~ permit by
the city manager.
3. The permit period shall run and
insurance requirements as described in subsection b.
above shall be effective from October 1st until
September 30th of the following calendar year.
H. SIDEWALK CAFI2 PERMITS.
1. Each permit shall be effective for one
(1) year from October 1st until September 30th,
subject to annual renewal.
2. The permit may be temporarily
suspended by the City, when necessary to clear
sidewalk areas for a "community or special event"
authorized by a permit issued by the Leisure Services
department.
3. The City may require the temporary
removal of sidewalk cafes when street, sidewalk, or
utility repairs necessitate such action.
4. The City and/or an authorized police
officer of the City may cause the immediate removal
or relocation of all or parts of the sidewalk caf~ in
emergency situations.
5. The City and its officers and
employees shall not be responsible for sidewalk caf~
components relocated during emergencies.
6. The permit shall be specifically limited
to the area shown on the "exhibit" attached to and
made a part of the permit. The City shall have the
right to remove without notice, any tables, chairs or
other objects not in the permit area.
7. The permittee shall act to assure that
its use of the sidewalk in no way interferes with
sidewalk users or limits their free unobstructed
passage. The City may require relocation of tables,
chairs and other objects at any time for safety or
pedestrian flow consideration.
8. The sidewalk caf~ shall be open for
use by the general public, although such use may be
restricted by the permittee to the patrons of the
permittee.
9. Permittees holding an occupational
license or certificate of use limited to take-out food
shall not be permitted to provide table service on the
sidewalk. This provision shall not include an ice
cream shop or coffee bar which is duly licensed for
eat-in service.
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Zoning 91
10. Tables, chairs, umbrellas, and any
other objects permitted as part of a sidewalk cafd
shall be maintained with a clean and attractive
appearance and shall be in good repair at all times.
11. The sidewalk area covered by the
permit and sidewalk and roadway immediately
adjacent to it shall be maintained in a neat and orderly
appearance at all times, and the area shall be cleared
of all debris as needed during the day, and again at
the close of each business day.
12. No signs other than those permitted
herein shall be permitted in the public right-of-way.
13. No tables, chairs or any other parts of
sidewalk cafds shall be attached, chained, or in any
manner affixed to any tree, post, sign or other fixture,
curb or sidewalk within or near the permitted area.
No additional outdoor seating authorized herein shall
be used for calculating seating requirements
pertaining to location of, applications for, or issuance
of liquor license for any establishment use area and/or
seating capacity realized through the sidewalk cafd
use and contiguous outdoor dining shall not invoke
provisions of the zoning code as they pertain to
parking or other matters, with the exception of capital
facilities fees which will be assessed per seating.
14. The area between the exterior walls of
a restaurant or a nightclub and the edge of sidewalk
shall be designated as public space. The placement of
tables and chairs in this public space shall not
constitute a building improvement which otherwise
triggers structural improvements to the operating
business under the provisions of the Southern
Building Code or any state statute. In the event an
operator of a restaurant or a night club creates a
sidewalk cafd pursuant to the terms of this section
and such creation entails actual structural
improvements to any portion of the structure other
than the permanently obstructed ingress or egress to
the restaurant or nightclub then, in that event, all
applicable provisions of the Southern Building Code
or state statutes necessitating improvements to the
property shall apply.
15. No food preparation fire, or fire
apparatus, shall be allowed on the public sidewalk,
other than that employed in the course of ordinary
tableside service, including but not limited to menu
items which require table preparation, whether or not
such area is covered by this permit.
16. Upon the issuance of a "Hurricane
Warning" or "Hurricane Watch" by the authorities,
the permittee shall forthwith remove and place
indoors all tables, chairs, awnings and other
equipment located on the sidewalk.
I. APPROVAL, DENIAL, REVOCATION
OR SUSPENSION OF PERMIT; REMOVAL AND
STORAGE FEES; EMERGENCIES.
1. Sidewalk cafd applications shall be
reviewed with standards enumerated in this article.
2. The approval of a sidewalk cafd permit
is conditional at all times. A sidewalk cafd permit
can be denied, revoked or suspended if:
a. Any necessary business or health
permit has been suspended, revoked or cancelled.
b. Any current violation of the City
Code, County Code or State Law on the premises has
been found.
c. The permittee exceeds the
approved square footage by placing any additional
tables, chairs, etc., beyond the approved area.
d. Changing conditions of pedestrian
or vehicular traffic causes congestion necessitating
removal of the sidewalk cafd. Such decisions shall be
based upon findings of the City CRA director that the
minimum four-foot pedestrian path is insufficient
under existing circumstances and represents a danger
to the health, safety or general welfare of pedestrians
or vehicular traffic.
e. The permittee has failed to correct
any violations of this article or conditions of the
permit within twenty-four (24) hours of receipt of the
City notice of same delivered in writing to the
permittee.
f. In the event the permittee fails to
remove any tables, chairs, and other objects related to
the sidewalk cafd within twenty-four (24) hours of
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92 Boynton Beach Code
receipt of the City notice of the denial, revocation or
suspensions, the City may remove said objects. The
permittee shall be responsible for the expenses
incurred by the City for the removal and storage of
said objects.
2. Upon approval or denial of the permit,
the City shall give written notice of such action to the
permittee.
3. Approval or denial of the permit by the
CRA shall be placed on the next City Commission
consent agenda for review.
4. Revocation or suspension shall be
placed on the next CRA agenda and its decision
placed on the next City Commission consent agenda
for review.
5. If the CRA director believes that a
permittee has engaged or is engaged in conduct
warranting the suspension or revocation of the permit,
he shall serve the permittee by certified mail or hand
delivery, at the business address as disclosed in the
application for the permit, a written notice of
ordinance violation which affords reasonable notice
of facts or conduct which warrant the intended action,
and a reasonable time for the permittee to cure the
violation. The complaint shall state what is required
to be done to eliminate the violation, if any. The
permittee shall be given adequate opportunity to
request a review as provided herein, unless the city
manager finds that an emergency condition exists
involving serious danger to the public health, safety
and welfare, in which case advance notice and
hearing shall not be required. In the case of an
emergency suspension or revocation, the licensee
shall immediately be advised of the city manager's
action. In the event the permittee does not cure the
violation within the reasonable time designated by the
city manager, the case shall be placed on the CRA
Board agenda. Final decision of the CRA Board shall
be placed on the next City Commission agenda for
review. In emergency suspension or revocation, a
review as provided herein shall follow as soon as
practicable.
6. Appellate provisions: Any aggrieved
party may appeal a final decision of the City
Commission under this chapter by writ of certiorari as
provided in the Land Development Regulations
Chapter 1, Article 7, Section 4.
J. PENALTIES. The following civil fines
shall be imposed for violators of this article:
.............................................................. First citation
Second citation
.......................................... (within a 1-year period)
Third citation
.......................................... (within a 1-year period)
K. RECOVERY OF UNPAID FINES;
UNPAID FINES TO CONSTITUTE LIEN;
FORECLOSURE.
1. The Code Compliance Board shall
have the power and jurisdiction to hold hearing for
recovery of unpaid fees under this chapter as
mandated under Article 5 of Chapter 2 of this Code.
The Board at its option may impose liens as provided
in Article 5 of Chapter 2.
2. The City of Boynton Beach may
institute proceedings in a court of competent
jurisdiction to compel payment of civil fines.
L. APPLICATION. In the event of any
conflict between the provisions of this chapter and
any other sections of the Code, the provisions of this
chapter shall prevail.
(Ord. No. 01-16, § 4, 3-20-01)
2001 S-15