O88-17ORDINANCE NO. 88-/7
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA;
AMENDING THE CODE OF ORDINANCES APPENDIX
A - ZONING, BY AMENDING SECTION 1 TO
CREATE NEW DEFINITIONS; AMENDING SECTION
3 REGULATIONS AND MAP. SUB-SUBSECTION A.
OFFICIAL ZONING MAP, SUBSECTION 3.
ESTABLISHMENT OF ZONING DISTRICTS, BY
INCLUDING NEW ZONING DISTRICTS THEREIN
D CREATING A NEW SUB-SUBSECTION 7.
LINEATiNG THE APPLICATION OF ZONING
REGULATIONS TO ADOPTED PLANS AND DESIGN
GUIDELINES AND CREATING A NEW
SUB-SUBSECTiON 8. DELINEATING THE
APPLICATION OF ZONING REGULATIONS TO
OTHER DEVELOPMENT REGULATIONS WHICH ARE
MORE RESTRICTIVE; AMENDING SECTION 4.
SUBSECTION N.
GENERAL PROVISIONS.
PERFORMANCE STANDARDS BY CREATING A NEW
SUB-SUBSECTION 11. RELATING TO
PERFORMANCE STANDARDS FOR HAZARDOUS
SECTION~- RESIDENTIAL DISTRICT
REGULATIONS AND USE PROVISIONS
SUB-SUBSECTION H. AG. AGRICULTURAL
DISTRICT BY CREATING A NEW
,UBSECT] lA. REQUIRING
REVIEW PERMITS FOR CERTAIN
CULTURAL USES; AMENDING
5. RESIDENTIAL DISTRICT
AND USE PROVISIONS
SUBSECTION I. REC. RECREATION DISTRICT
BY A NEW SUB-SUBSECTION 1.B.
ENVIRONMENTAL REVIEW PERMITS
FOR RECREATIONAL DISTRICT USES;
iON 5. RESIDENTIAL DISTRICT
AND USE- PROVISIONS
J. PU PUBLIC USAGE DISTRICTS
NEW SUB-SUBSECtION lA.
BY A
REVIEW PERMITS
USES WITHIN THE PUBLIC USAGE
AMENDING SECTION 5.
RE~ AL DISTRICT ~SE
BY CREATING A
K. PLANNED
DIS~ TO CONSIDER ED UNIT
AS A ZONING ON THE
MAP AND TO SUBJECT ALL
PUD PROVISIONS OF THESE
; BY AMENDING SECTION
6. IIAL DISTRICT REGULATIONS AND
USE IONS SU. BSECTION A. C-1 OFFICE
AND COMMERCIAL DISTRICT, BY
CERTAIN PERMITTED USES, BY
ADDITIONAL CRITERIA FOR
TUT NURSERY SCHOOLS, DAY CARE
OTHER PRE-SCHOOL-FACILITIES,
BY 2NG FOR MAXIMUM LOT COVERAGE',
AND PROVIDING FOR ENVIRONMENTAL
REVIEW PERMIT REQUIREMENTS; AMENDING
6. COMMERCIAL DISTRICT
AND USE PROVISIONS
B. C-2 NEIGHBORHOOD
DISTRICT, BY PROVIDING
~ES WITHIN THE C-2 ZONE, BY
RE, ENVIRONMENTAL REVIEW PERMITS,
BY CREATING PROHIBITED USES, BY
PROVIDING REQUIREMENTS FOR THE SALE OF
USED MERCHANDISE; BY AMENDING SECTION
6.SUBSECTION C. C-3. COMMUNITY
COMMERCIAL DISTRICT. BY PROVIDING
ADDITIONAL USES, BY ELIMINATING CERTAIN
USES, BY REQUIRING THAT CERTAIN USES
OBTAIN ENVIRONMENTAL REVIEW PERMITS, BY
DEFINING CERTAIN PROHIBITED USES, BY
PROVIDING NEW CRITERIA FOR THE REPAIR
AND SERVICE OF MERCHANDISE, BY PROVIDING
NEW CRITERIA FOR THE EXTERIOR DISPLAY
AND STORAGE OF MERCHANDISE; BY AMENDING
SECTION 6.SUBSECTION D. C-4 GENERAL
COMMERCIAL DISTRICT BY AMENDING VARIOUS
PERMITTED USES, BY REQUIRING
ENVIRONMENTAL REVIEW PERMITS FOR CERTAIN
USES, BY PROHIBITING CERTAIN SPECIFIC
USES WITHIN THE C-4 DISTRICT; BY
AMENDING SECTION 6. SUBSECTION E. CBD
CENTRAL BUSINESS DISTRICTt BY REQUIRING
ENVIRONMENTAL REVIEW PERMITS FOR CERTAIN
USES; BY AMENDING SECTION 6 SUBSECTION
F. PLANNED COMMERCIAL DISTRICT, BY
REQUIRING ENVIRONMENTAL REVIEW PERMITS
AND ALLOWING ADDITIONAL USES AND
PROHIBITING OTHERS; BY AMENDING SECTION
7. PLANNED INDUSTRIAL DISTRICT TO
PROVIDE FOR ENVIRONMENTAL REVIEW; BY
AMENDING SECTION 8, SUBSECTION A.M-1
INDUSTRIAL DISTRICT TO REQUIRE
ENVIRONMENTAL PERMIT REVIEW; BY AMENDING
SECTION 9. ADMINISTRATION AND
ENFORCEMENT SUBSECTION C. COMPREHENSIVE
PLAN AMENDINGS REZONINGS, BY
ESTABLISHING A NEW CRITERIA FOR THE
AMENDMENT PROCESS TO THE ZONING
REGULATIONS AND FUTURE LAND USE PLAN, BY
ESTABLISHING NEW CRITERIA FOR THE
MATERIALS TO BE SUBMITTED WITH
APPLICATIONS, BY PROVIDING LIMITATIONS
ON FURTHER CONSIDERATION WHICH ARE MORE
RESTRICTIVE THAN PRIOR CONSIDERATIONS;
BY AMENDING SECTION 10. BOARD OF
ADJUSTMENT SUBSECTION B. POWERS AND
DUTIES, TO ESTABLISH NEW' ~E~'
VARIANCES TO MINIMUM LOT AREAS AND
MAXIMUM DENSITIES; BY AMENDING SECTION
11.1 NONCONFORMING USES AND STRUCTURES
BY REPEALING SUB-SUBSECTION C.
NONCONFORMING LOTS CREATING A NEW
SUBSECTION C. BY PROVIDING NEW CRITERIA
FOR THE ERECTION OF A SINGLE FAMILY
RESIDENCE NOTWITHSTANDING CERTAIN
LIMITATION IMPOSED BY OTHER PROVISIONS
OF THESE REGULATIONS; BY AMENDING
SECTION 11.2 CONDITIONAL USES SUBSECTION
D. STANDARDS FOR EVALUATING CONDITIONAL
USES BY CREATING NEW SUB-SUBSECTIONS 11
AND 12, BY CREATING NEW STANDARDS;
AMENDING SECTION 11.2 CONDITIONAL USES
SUBSECTION F. CONTENTS OF THE
CONDITIONAL USE APPLICATION
SUB-SUBSECTION 5. SITE PLAN DRAWN TO AN
APPROPRIATE SCALE, SHOWING THE
FOLLOWING: O. BY PROVIDING FOR THE
SUBMITTAL OF ADDITIONAL INFORMATION;
PROVIDING THAT ALL OTHER DEFINITIONS,
2
SECTIONS OR SUBSECTIONS NOT SPECIFICALLY
REPEALED OR AMENDED BY THIS ORDINANCE
SHALL REMAIN IN FULL FORCE AND EFFECT AS
ORIGINALLY ENACTED; PROVIDING A
CONFLICTS CLAUSE; PROVIDING A
CODIFICATION CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
'OF THE CITYOFrBOYNTONBEACH, FLORIDA, 'AS FOLLOWS:
Section 1. Appendix A - Zoning, Section 1.
Definition of Terms. is amended by adding the words and
figures in underlined type and by deleting the words and
figures shown in struck-through type as follows:
ANTIQUE STORE or AUCTION HOUSE. The use of a building
for the retail sale or auction of objects of value such as
quality ~es~e~ antiques, art objects, jewelry, and the
like, but not used merchandise generally. No outside
storage or display shall be permitted in connection with
such uses.
AUTOMOBILE. An automobile or motorcycle, as defined by
the rules of the Florida Department of Highway Safety and
Motor Vehicles.
AUTOMOTIVE SERVICE STATIONS. 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, er and
accessory uses such as the sale of lubricants, accessories,
or supplies, the lubrication of motor vehicles, or the minor
adjustment or repair of motor vehicles (see definition:
"minor repairs"). No vehicles shall be stored nor major
repairs done on the premises. A public parking lot or
public parking garage shall not be a permitted accessory use
to an automotive service station.
BAR OR COCKTAIL LOUNGE. An establishment which serves
or includes the serving of beer, wine, or liquor to patrons
other~than, in. con~-unction with the serving of meals.
CHILD. An unmarried person under the age of eighteen
(18) years.
COM~RRCIAL TRUCK. A truck defined as such by the rule
of the Florida Department of Highway Safety and Motor
Vehicles.
COM~F. RCIAL ZONING DISTRICT.
PCD zoning districts.
All C-l, C-2, Ct3, C-4 and
CONVENTIONAL ZONING DISTRICT. Ail zoning districts
which are not planned zoning districts.
DEPARTWRNT STORE. A retail establishment offering a
wide variety of merchandise, and organized into departments,
according to the type of merchandise sold.
EXTERIOR DISPLAY. Display of merchandise, as an
accessory use in a lawful principal use, outside of the
walls of the building or within any area which is not fully
enclosed by building walls, in such a manner so as to allow
for viewing or inspection of mercb~qndise by customers.
EXTERIOR STORAGE. The keeping of merchandise,
materials, equipment, or supplies, and the like, outside of
the walls of a building or within any area which is not
fully enclosed bybuilding walls, which is generally not for
the purpose of allowing inspection or viewing by customers.
FAMILY DAY CARE. A residence providing day care
services for a number of children which is limited in
accordance with Florida law, andwhich shall be construed to
be an accessory use .to any dwelling unit located in a
residential or PU district, or in any coamnercial zoning
district, excluding C-4 districts.
FOSTER CHILD. A child in foster care who has been
placed in a foster home by the State of Florida.
FOSTER HOME OR FOSTER CARE, FOR CHILDREN. A family
foster home as defined by Section 409.175, Florida Statutes,
and which conforms_to the definition of "Family".
LUMBER STORES, BUILDING MATERIALS STORE, AND LUMBER
YARDS. Sale of lumber and other building materials,
including cutting of finished lumber products to length or
size for sale on premises.
NURSING HOME OR CONVALRSCENT HOME. A residential
faci~tywhich is included under the definition of "nursing
home facility", "facility", or "related health care facility
home" as set forth in Chapter 400, Part I, Florida Statutes,
except that this definition shall apply to facilities or any
capacity.
OCCUPATIONAL LICENSE. A license to operate a business,.
profession, occupation, or other operation within the City
limits, which is issued in accordance with Chapter 13 of the
City of BoMnton Beach Code of Ordinances."
OFF-PREMISES STORAGE. Storage which is not located on
the same parcel as the principal use to which such storage
is an accessory use.
PAWN SHOP. A shop where money is lent in exchange for
personal property left as security.
PLANNED~ZONING DISTRICT. A zoning_district in which
the zoninq of the property to same ~ ~. by and
conditioned upon a approved master plan for the use and/or
development of the property.
RECREATION VEHICLE. A travel trailer, camp trailer,
chassis mount camper, or motor home, as defined by the rules
of the Florida Department of Highway Safety and Motor
Vehicles.
RESIDENTIAL ZONING DISTRICT. Ail R-1AAA, R-1AAB,
R-1AA, R-lA, R-l, R-2 and R-3 zoning districts, and those
Planned Unit Developments where the predominant land use on
the approved master plan is residential.
RETAIL. The sale of goods ~ to household consumers=
,or office or professional equipment and supplies, for use
in offices, or any other sale in the form of personal
property. ~-~he-p~p~ses-~-~hese-~e~a~s~-a-~e~a~
es~aB~shmea~-sha~-Be-~e~ne~-as-aa-es~aB~shme~-~-whe~e-ae~
~ess-~ha~-~y-%~8}-pe~ee~-e~-%he-~a~e-~9-gee~s-se~-e~
e~-~em-ehe-prem&ses-a~e-se~-ee-he~sehe~-e~s~mers=
SPECIAL MOBILE EQUIPMENT. Vehicles defined as such by
section 316.003, Florida Statutes.
STORAGE OF HOUSEHOLD GOODS. The storage of goods by
individual households of their household possessions, and
excluding storage of inflammable, explosive, toxic, or
hazardous materials.
USED MERCHANDISE. Merchandise which has been
previously owned b~ another consumer or other end-user prior'
to being stocked or sold on the premises.
UTILITY TRAILER. A trailer or co~m.ercial truck which
is rented, leased, or sold primaril~ for use by household
users for movinghousehold goods, and specifically excluding
truck-tractors or semi'trailers.
WHOLESALE. Sale
e~ -make~&~s -ko -e~s~me~s -e~ -users -~%he~ -~ha~ -h~seh~
e~s~me~s?---P~--~he--pu~p~ses--~--ehese--~e§~a~s?--a
wh~esa~e-es~aB~shme~-sha~-be-~e~me~-as-a~-es~a~shmem~
whe~e-me~e-~ha~i-~y-~Dg~-pe~ee~-e~-%he -~a~e-~-§eeds
s~d-~n-~-~m-~he-p~em~ses-a~e-s~4-a~-wh~esa~e-p~ees-e~
e~s~me~s-~-~se~s-~he~-eha~-ho~seh~-ee~s~me~s= of goods
to consumers or to business
and s for use in such offices.
WRECKED MOTOR VEHICLE. A motor vehicle defined as such
by sectiOn 10-50 of the City of Boynton Beach Code of
Ordinances.
Section 2. Appendix A - Zoning, Section 3.
Regulations and map. Subsection A. Official Zoning Map, is
amended by adding the words and figures in underlined type
and by deleting the words and figures shown in
struck-through type as follows:
3. Establishment of zoning districts:
1. 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-I-AAA
R - 1 - AAB
R-l-AA
R-1-A
R-1
R-2
R-3
C-1
C-2
C-3
C-4
CBD
Single-family residential district
Single-family residential district
Single-family residential district
Single-family
Single-family
Single-and two-family residential district
Multiple-family residential district
Office and professional district
Neighborhood commercial district
Community commercial district
General commercial district
Central business district
PUD
PCD
PID
M-A
PU
REC
AG
S&ey-~wne~-p~e~ey
Planned unit development district
Planned con~ercial development district
Planned industrial development district
Light industrial district
Public usage district-
Recreation
Agriculture
3. Application of zoning regulations and adopted plans
or design guidelines.
5
Where the adopted Comprehensive plan for the city,..
adopted plans for the development or redevelopment of
particular areas of the city, adopted design guidelines, or
a com~unit~ design plan adopted pursuant to section 19-42
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 re~ulations, including district regulations
and use provisions, including policie~ which limit the type
or intensity of use of property, residential densities, or
the height, setbacks, bulk, or design of structures, or site
restrictive 1.imitations or requirements set
forth in such adopted guidelines or plans shall supersede
the previsions of these zoning regulations.
8. Application
regulations.
of zoning regulations and other
Where other use or development regulations are more
restrictive than those set forth in these zoning
regulations, or in the case of conflict between spocific
provisions contained in these zoning regulations, includinq
regulations which limit the t~pe or intensity of use of
densities, the height, setbacks, bulk,
or site design, the more restrictive
regulations shall apply. Furthermore, this paragraph shall
be include consideration of the factors and
forth in section 19-21, section 19-43 and
section 19'65 of the City of Boynton Beach Code of
Ordinances.
section 3. Appendix A - Zoning, Section 4. General
ProvisiOns. SUBSECTION N. PERFORMANCE STANDARDS. is amended
by adding the words and figures in underlined type and by
deleting the words and figures shown in struck-through type
as follows:
11. Hazardous materials and hazardous waste.
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
~genc¥.~ shall be required to obtain' ? review
permit in accordance with section 11.3.
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
programshall be a type which is generally acceptable to the
Florida iDepartment 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 waters and groundwater.
Parking areas and driveways adjacent to truck wells shall be
6
designed to divert runoff to storage and exfiltration
systems on-site, prior to discharge into surface waters or
storm sewers.
d. Users of hazardous materials and generators of
hazardous waste shall develoD 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) Provisionof equipment and trained personnel on-site or
a contract with a contamination response firm meeting
Florida Department of Environmental Regulation standards,
where aDproDriate;
(2) Specification
monitoring programs ito
contamination;
of follow-up water quality
be implemented in the event of
(3) Specification of design and operational measures
to contain and direct contaminated surface runoff away from
lakes, ponds, canalS, drainage structures
connections to the surficial aquifer;
and/or other
(4) Specifications for the development and
implementation of an early warning monitoring program;
(5) Proof of financial responsibility which
assure that cleanup costs can be provided.
will
(6) A copy of the permit issued by or application for
permit to the governmental agency or agencies responsible
for permitting the handling, storage, disDla¥, or generation
of the particular hazardous materials or hazardous wastes.
Where only Deriedic reDorts are required to be supDlied to
such agencies, copies of these reports shall be provided to
the Environmental Review C~,~,ittee.
(7) Where the information required under (1) through
(6) above is required as Dart of the inf6rmation required
for permitting by or reporting to governmental agencies
responsible for regulating hazardous materials or hazardous
wastes, this information shall be considered sufficient for
the purpose of this section.
Section 4. Appendix A - zOning~ Section 5.
Residential district regulations and use provisions.
Subsection H. AG AGRICULTURAL DISTRICT. is amended by adding
the words and figures in underlined type and by deleting the
words and figures in struck-through type as follows:
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.
Section 5. Appendix A - Zoning, Section 5.
Residential district regulations and use provisions.
SUBSECTION I. REC RECREATION DISTRICT. is amended by adding
the words and figures in underlined type and by deleting the
words and figures in struck-through type as follows:
lB. Uses requiring environmental review permit.
7
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 an accordance With section 11.3.
Section 6. Appendix A - Zoning, Section 5.
Residential district regulations and use provisions. J. PU
PUBLIC USAGE DISTRICT~ is amended by adding the words and
figures in underlined type and by deleting the words and
figures in struck-through type as follows:
lA. Uses requiring environmental review permit.
Any use listed under 5.J.1. above which uses, handles,.
stores, or displays hazardous materials or which generates
hazardous waste, as defined by 40 Code of Federal
Regulations Part 261, shall require an Environmental Review
Permit in accordance with section 11.3.
Section 7. Appendix A - Zoning, Section 5.
Residential district regulations and use provisions, is
amended by creating a new subsection K. PUD PLANNED UNIT
DEVELOPMENT DISTRICT.
K. PUD PLANNED UNIT DEVRT.OP~ DISTRICTS.
Appendix B of the City of Boynton Beach Code of
Ordinances is hereby incorporated by reference into these
zoning regulations, and all planned unit developments shall
be considered zoning districts on the Official Zoning Map.
Appendix B, and all planned unit developments approved in
accordance with Appendix B, shall be subject to all
applicable provisions of these zoning regulations, except as
otherwise provided for in Appendix B.
Section 8. Appendix A - Zoning, Section 6.
Commercial district regulations and use provisions.
Subsection A. C-1. OFFICE AND PROFESSIONAL COMMERCIAL
DISTRICT. is amended by adding the words and figures in
underlined type and by deleting the words and figures in
struck-through type as follows:
1. Uses permitted. Within any C-1 office and
professional e~mme~e&a~ zoning district~--no building,
structure, land, or water, sha~-~e-~e~i~-~e~-e~e-~
me~e-e~-%he-~e~ew~-uses or any part-thereof, shall be
erected altered, or used, in whole or in part, except for
one 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 IA.
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.
a. Churches and other places of worship and attendant
accessory uses. N~se~y-sehs~sTDay care centers, primary
and secondary schools, seminaries, and colleges and
universities a~e shall not be construed to be an accessory
use to a place of worship, however. By-khese-~e~a~s=
b. Financial institutions= , including drive-through
facilities.
c. Funeral Homes.
e=~ d Funeral home with crematorium.*
~ e: Government-~w~e~-~--~pe~a~e~-B~~§s-am~-~ses=
facilities, including public co~-unity centers, excluding
uses which have extensive storage or maintenance facilities,
or storage or maintenance as their principal use.
8
e f. Hospitals.
~ 9~ Medical and dental offices and clinics.
~ h.. Nursing and convalescent homes.
h 1. Pharmacies, medical and surgical supplies;
orthopedic, invalid and convalescent supplies; eyeglasses
and hearinq aids. a~-s~ea~-su~e~s~
~ ~. Professional and business offices.
9 k. Veterinary ~-ex%e~-~e~ne~-use~= offices and
clinics outdoor of animals
.lud~ng on-sit~
~ 1. N~se~ -sehee~s? -~a~ -ea~.e-eenke~s -a~ -e~he~
p~eseh~e~-~ae~k~esm-~see-see~e.~-~-S~? Reserved.
~? m.__ P~ma~--a~--seeen~a~y--sehee~s?--sem~na~es?
ee~e§es--an~--~e~s~esr Nursery schools,~ da~ care
centers, and other preschool facilities* (See sectio~
ll.C.).
n. or a gross floor area
of less limited to
instrUCtion for tutor%ng,.
and trade, or
and
industrial
floor area
feet or more,: ]~m~ted to
academic tutoring,
trade or
of floor area,
schools, seminaries,
Print be allowed
~'Review Pez~dt ~n
,with 11.3.
lB. Environmental review permit required. Any use
listed~ under 6.A.1. or 6.A. 1A. above which uses, handles,
stores,, or displays hazardous materials, or which generates
hazardous waste, as defined .by 40 Code of Federal
an Environmental Review
Permit in 11.3.
3. Building and site regulations.
M~&m~mMaximum lot coverage
(building) 40 percent
Section 9. Appendix A - ZO~ing;!SeCtion 6.
Commercial district regulations and use provisions.
Subsection B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. is
amended by adding the words and figures in underlined type
and by deleting the words and figures in struck-through type
as follows:
1. Uses permitted. Within any C-2 neighborhood
commercial zo-~-~ district, no building, structure, land or
water sha~--~e--use~--w~h~--~e--~--m~e--m~~p~se
~ses= ,or any part thereof~ shall be erecte~ altered, or.
used, in whole or in part, except for one or more of tb~
following specified uses. Those uses, however, which are
indicated in iA. below shall require conditional us~
approval, and those uses which are listed under lB. below
shall require an environmental review permit, prior to the
establishment of these uses.
Ail stores and shops in the C-2 district shall be l~m~ted to
retail sales.
a. Any use permitted in C-1 district.
b. Bake~-shepsv Any use which is a conditional use in
the C-1 zoning district.*
dv---Same~a-sa~es-am~-se~v~ee=
ev---Sa~e~n~-se~v~eev
9v---Ha~ware-s~erev
mv---Pe~sema~-se~&ee-es~aB~&s-~hmem~sv
Dv---Res~a~am~s -~e~e~m~ -~&ve-&m -res%a~ram~s -amd
e~-D~em&sesv
~v---Se~&ee--s~a~&ems--w~%he~%--ma~e~--~eDa~rs?--ama
exe~d&m~-ear-wash-~see-def&m&~&emsv-ama~e~-~epa&~sa~7-w&~h
ae-~ease -ene -~rem~a~e -em -a -~e~-~ame -ar~er&a~ -read? -amd
e~eeeed-&m-:aeee~damee-w&~h-s~pp~emem~a~-~e§~ae&emsT-see~&em
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 qualitas.
antiques, art objects, jewelr~ and the like, but not used
merchandise generally.
f. Flower shops and sale of hous~. . ~
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..
o. Office supplies, equipment, and furniture.
p. Art, craft, trophy, hobby, and costume shops, and
sewing supplies; art galleries and artists'; studios.
q. Book stores, religious goodm, card shops, tobacco
shops, and news stores.
r. Pet shops, excluding kennels or boarding of
animals, of 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 diSpla~ or storage in conjunction with such uses
shall be prohibited, however.
10
t. Televisions~ radio, video, and stereo equipment
and supplies.
u. Household appliances and parts for same.
v. Curio, souvenir, and gift shops, excluding sale of
used merchandise.
w. Beer and wine sales, limited to consumption off
promises.
x. The following personal and household services:
Barber shops, beauty salons, manicurists, tanning salons,..
pet grooming, off-promises car~et 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 furniture
slipCovers.
bb. Taxicab offices and parking, excluding service or
repairs on the promises.
~:. ~cc. Automotive service stations, without major repairs
(seedefinitions "major repairs"), and including car washes
as .an accessory use, provided that at least one frontaqe.~
lies a four-lane collector or arterial road, and the
in accordance with section ll.L. In the
C,2 and service of vehicles, other than
shall to automobiles, motorcycles, and
with a rated capacity of not more than one
repair and service of vehicles shall be done
within an enclosed building.*
dd. Print shops.
~ee. Drycleaning service, limited to handling goods
the promises by retail customers.
ff. clubs, ledges, and fraternal
org~izations.*
'. Drive'up, drive-through, or drive-in service for
or services listed under
1.c.i through I. ff. above.* Drive-up and drive-through
~ac~lities for financial institutions shall be a permitted
use, however.
hh. Art or recreational instruction.
following uses, provided that the gross floor area
does not exceed ten thousand (10,000) square
ii. Grocery, food, ice cream', and
lth food stores delicatessens, butcher.shops and seafood
and !ruit stores, convenience food stores,~
catering service.
'' General hardware stores.
kk. Restaurants, including serving of alcoholic.
only in connection with the serving of meals.
11. Drive-through, drive-up, or drive-in restaurants.*
mm. Sundries, notions, and variety stores.
nn. Drug stores.
oo. Clothing, clothing accessory, and shoe stores.
Lawn and supply stores.
Drive-up, drive-through or drive-in service for
of the retail uses or personal services listed under
1.fi. through 1.pp. above.* Drive-up and drive-through
facilities for financial institutions shall be a permitted
the gross floor
license: Each
under the
uses listed under 1.c. through 1.qq. above shall specify
area on the application for an occupational
retail store and adjacent stores or bays
same ownership or control that are of a similar or
11
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
of Appendix A of the Code of Ordinances of the City of
Boynton Beach, Florida.
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 ll.3L:
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.1A, which uses
handles, stores, or displays hazardous materials, or which
gemerates hazardous waste as, defined by 40 Code of Federal
Regulations Part 261.
av---Any-Bus&mess-er-a-whe~esa~e-ma~u~ev
Bv---Rese~ve~v
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
and lB. above.
c. Outdoor storage or display of any type.
d. Sale of firearms or ~nition.
e. Sale of fireworks.
f. cente~;~ ed on a
basis.
wholesale establishments, storage as a
use or off-premises storage, or distribution.
h. Sale of alcoholic beverages, other than beer or
i. Serving of alcoholic beverages, except for
on premises within a duly licensed restaurant
in con~unction with the serving of regular meals.
or building materials stores.
k. Sales bazaars, farmer's markets, flea or thieves'
and trading posts.
3. Building and site regulations. No building or
tion thereof shall be erected, constructed, converted,
ablished, altered, enlarged or used unless the premises
buildings shall comply with the following regulations:
Minimum lot frontage
Minimum lot depth
Minimum lot area
Maximum lot coverage
Minimum front yard
50 feet
100 feet
5,000 square feet
40 percent
30 feet
12
Minimum side yard
(interior lots) 15 feet*
Minimum side yard 20 feet on side street
(corner lots)
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. 8~-s~ee~-pa~k~§r-As-se~-ge~%h-~-see~en-~-H
he~e~e~ Re~air ~ service of merchandise: The repair
and service of merchandise for household customers shall be
permitted as either an accessory or principal use, for a~y
merchandise which is typically sold in the C-2 district,
excluding rebuilding or refinishing of any type..
5. Exterior storage or display. Exterior storage of
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 percent (25%) of
the gross floor area.
Stores which deal primarily in used merchandise, shall
be limited to retail merchandise of the t1~pe 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?.~,a~.~affidavit which
certifies that the provisions of id be
complied with. Exterior storage and display in connection
with suchuses shall be prohibited.
6=---8~~-~sp~ays-~-me~ehan~se=--As-se~-~h-~n
see~-6~6-he~e~a~e~=
7. Off-street parking.
hereinafter.
As set forth in section ll-H
Section 10. Appendix A - Zoning, Section 6.
Subsection C. C-3 COMMUNITY COMMERCIAL DISTRICT. is amended
by adding the words and figures in underlined type and by
deleting the words and figures in struck-through type as
follows:
1. Uses permitted. Within any C-3 community
commercial district, no building, structure, land or water
shall be used except for one or more of the following uses:
a. Any use permitted in C-1 or C-2 districts, without
specific limitation on floor area.
b. A~e-a~-ee~am~e-s~es=
13
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 auction houses, selling only
objects of value such as qualit~ antiques, art objects,
jewelry and the like, but not used merchandise generally.
d. Bars, cocktail to the
of of the Beach Code of
use (*) if
{600) feet of property lying
within a as measured by direct
e. Liquor stores, subject to the provisions of
Chapter3 of the,City of Boynton Beach Cede of Ordinances.
~= Be~ea~essen=
f. Greenhouses, nurseries, and other horticultural
uses.
g. Department stores.
h=---P~ses?---~ee~h~uses7 .... ~se~es ....
h~eu~a~-~ses~
h. i Hotel, motels, apartment hotels, and apartment
motels, including timesharing units, provided that sleeping
rooms~ therein, and exterior portions of
the site be used for the display, lease, or sale
of merchandise.
~---HO~e~s7 -mo%e~s~ -apa~mem~ -ho~e~s? -amd -apa~mem~
mo~e~s7-p~ded -~ha~-s~eep~n~ -~ooms-amd-apa~mem~
me~eha~d&sev
i. Lumber yards and building materials stores,
including sale to contractors.*
j. Multifamily . and duplex residential dwellings,
including timesharing apartments, which shall comply with
the R-3 district regulations for such uses.
k. Rooming and boarding houses.*
e~-~h&s-Se(
1. vate clubs, lodges, and fraternal
organizations.
mv---P~a~e-e~u~sT-~odges-.a~-~~
m facilities, including bowling lanes,
. health clubs, 9ymnasiums, tennis clubs, golf
)lf courses shOoting ranges (indoor
rinks and amusement halls. Recreation
facilities than those which are listed above shall be
conditionali uses (*). Racetracks, go-cart tracks, and water
slides shaIi~ be prohibited.
nv ..... ~~es --~ --ade~a~e~y---se~ee~ed --~e
ke of ammunition and firearms.
~ymmas~ua~
auditoriums excluding drive-in
pv---Res~au~am~s?-%exe~ud&n~ -d~ve-~m-~es~aa~am~s-and
d~&ve-eh~a-,!~es~au~am~s~v
p~ Automotive service stations, without major repairs
(see definitions: "major repairs"), and including car washes
as an accessor~use, provided that the site is developed in
section ll.L. The repair and service of
vehicles in the C-3 district shall include all motor
vehicles, in addition to those tI~pes of motor vehicles for
14
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
bM section 316.003, Florida Statutes. All repair and
service of vehicles shall be done within an enclosed
building.
g=---Se~v&ee--s~e~ems--w~%ho~t --ma~e~--~eDa~s?--B~e
Bus terminals.
r. Ambulance service.
s, sales, excluding repair or service on
premises.*
t. Marinas and yacht clubs, which may include the
following as accessor~ uses, if approved as such: An¥~
accessor~ 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 or marine equipment.*
u. boats at marinas.*
v. Yachtels, boatels, and other use of boats at
marinas fOr;residences.'
w. equipment and tool rental, for homeowners
or
Er--. ~esw
x. Governmental, utilities, and c~muunications
facilities, excluding uses which have extensive storage or
maintenance~facilities,i or storage or maintenance as their
principal use. Utilities shall be adequatel~ screened from
exterior view.
yv---Ma~masv
labor such uses shall be
(*) if operated on a walk-in basis.
z. Automobile wash establishments.*
aa. Wholesaling of goods listed under section 8.A.l.c.
.c.(4), 8.A.1.c.(6), 8.A.1.c.(7),.
8.A.l.c. [16) of these
and for
exterior of the
(300) feet of a railroad
direct access to the property from a
road is not available at the effective
date this ordinance.* The conditional use application
shall tM2es of goods which are to be sold,
, from the premises, and uses of the
to those specified on this list,
as Commission.
'pmea~-aa~ -eee~-~ea~a~-aCeae&es~
-me-eu~Meer-,s~e~a~e-e~-~sp~ay~
-res%a~.~a~s=·
iA. Conditional uses allowed. Those uses specified
above which are followed by an asterisk (*) shall be deemed
to be conditional uses, which may be considered and granted
15
in accordance with the procedures set forth in section 11.2
of Appendix A of the Code of Ordinances of the City of
Boynton Beach, Florida.
lB. Uses requiring environmental review permit.
Within any C-3 'community co~,ercial zoning district, no
building, structure, land, or water, or any part thereof,
shall be erected altered, or used, i~ whole or in part, for
any of the following specified uses, unless an environm~-ta]
review permit is secured in accordance with the staDdar~
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 an lettering shops.
c. Automobile wash establishments._
d. Any use listed under 6.C.1. or 6.C.IA. which uses,
handles, stores, or displays hazardous materials, or which
generates hazardous waste, as defined by 40 Code of Federal
Regulations Part 261.
~v---~ses--p~eh&B&~e~v---~m--a~&~&~m--e~--~h~se--uses
~e~ew&m§-~ses-are-.exD~ess~y-Dreh&b&~e~-&m-~he-~-~-eemm~.m&~y
ay Amy--res&~em~&a~--~se--exeep~--as --prev&~e~--&m
am~-~er-emDhas&s~-~he-~erms-U~eDar~mem~-s~erea-am~-ashepp&m~
epera~&ems -er -uses? -wh&eh -are -spee&~&ea~y -p~eh~B~e~ -&m
~h&s -~&s~r~e~v -Sa~es -Bazaar? -~armer~s -mar~eks? -~ea
mereham~&sev
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:
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 allowed or
prohibited ~n another zoning is not
specifically allowed in accordance with the list of uses
under 1., lA., and lB. above.
c. Any wholesale establishments, storage as a
principaluse, off-premises storage, or distribution, except
in accordance with 1.aa. and iA. above.
d. Single family detached dwellings, except where
used as a group home.
e. Sales bazaars, farmer's markets, flea or thieves'
markets, swap shops, and trading posts.
f. Bingo halls.
3. Buildings and site regulations.
M~m&m~m Maximum lot coverage
(building)
40 percent
5. Reserve~v 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 t~ically sold in the C-3
district, excluding rebuilding or refinishin~ of any t~pe.
16
ent¥-~-eempte~e~y-een~a~me~-w~h~n-preper~y
me-eame-sha~t-watkwaym-be-bteeked?-mer-sha~-merehan~me-be
8~spta~e~ -~m -m~eh -a -manner -am -~e -e~ea~e -a -hama~ -~e -the
~abt~e~--Pa~k~m~-areas-shatt-me~-be-ase~-~e~-d~s~a~s-am~ess
merchandise.
be permitted,
provided that such merchandise is owned by the operator of
the business occupying the building, and is the same type of
sold within the building.
Exterior shall be for a~ length of
time which, on a daily basis, shall not )
hours. Exterior ~ehicles and
motor vehicles, shall, also be
permitted to the extent that same is integral to the
operation of a
and wi
areas shall not be
of
his
display of~merchandise.
The exterior display or storage of growing plants shall
connection with a lawful principal use,.
without limJ lengthlof time.
7. Sidewalk sales. Sidewalk sales in rights-of-way
shallrequire approval by the City Manager or such person as
may be ~the e~ -spee~al.-ma~a~e
~e~e -a~ -~§ -b~a~ -~
app~eva~-By-e~y-e~me~v
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 (25%) 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 shallnot 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 mn connection with such uses
shall be ted.
prohibi
Section 11. Appendix A - Zoning, Section 6.
Subsection D. C-4 GENERAL COMMERCIAL DISTRICT. is amended by
adding the words and figures in underlined type and by
17
deleting the words and figures in struck-through type as
follows:
1. Uses permitted. Withir any C-4 general commercial
district, no building, structure, land or water, shall be
used, except for one or more of the following uses:
av---A~-~h~se-pe~m&~ke~-&m-S-~;-S-~-am~-S-~-~s~&e~sv
~---A~a~-em~e~a&mmem~-es~a~&shmem~v·
~v---A~em~h&~e-wash-es~a~&shmem~sv
repa&~s-~see-~ef&m&~&emsT-ama~e~-~eDa&~sa~v
~?---Ba~e~2 -am~ -%&re -sa~es -am~ -ser~ee -w~%h~m -am
ene~ese~-ha&~n~v
uDhe~s~erM-an~-i~ee~&n~.suDp~esv
&v---Pa&m~-am~-~epa&r-shepsT-&me~ud&mg-a~emeh&~e-~e~M
~v---Reerea~&em-veh&e~e-sa~es-~mew-am~-~se~v·
Rv---Serv~ee -s%a%~ems -~whem -&me~mg -mage~
~v---Whe~esa~e-es~ab~&shmem~sv
mv---FaBr&ea~&em -am~ -assem]~y -e~ -e~s~em -eab&me~s
~eer-area-mee-mere-~ham-s&x-~he~sam~-%67888~-s~aare-~ee~v
mv---Res~a~ram~s -~e~e~mg -~r~ve-&m -res%a~ram%s -am~
Dv---B~&ve-~h~a-res~a~ram~s?·
a. Any use which is a permitted use in the C-i, 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 ll.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.l.c.(2), 8.A.l.c.(3), 8.A.l.c.(4), 8.A.l.c.(6),
8.A.l.c.(7), 8.A.l.c.(9), 8.A.l.c.(10), 8.A.l.c.(ll),
8.-A.t~?.[14)i~,-and 8.A.l.c.(16)~of.~these ~oning regulations.
Electrical, plumbing, heat , 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
floorarea of less than two thousand (2,000) square feet.
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 of
Appendix A of the Code of Ordinances of the City of Boynton
Beach, Florida.
lB. Uses requiring an environmental review permit.
a. Any use which would require an environmental
review 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
18
in the C-3 district as either a principal or an accessory
usew 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, of furniture
refinishing, within a fully enclosed building, with gross
floor area of two thousand (2,000) square feet or more but
not to exceed six thousand (6,000) square feet.
d. Machine shops, and rebuilding of equipment or
~ that are · sold
to for
~ndustrial remanufacture
e. Any use listed
hand
waste,
RegulatiOns Part 261.
in the C-4 district, limited
customers, and excluding
parts.
D.1A. which
or which
by 40 Code of Federal
~s~a~f&e~-~m~e~-~he-~ev&s&ems-ef-s~bsee~em-~-a~e~e ~-~he
~e~ew~m~-~ses -a~e -expressly
av - - -Amy-
~pera~&ems -.~ ,~ses
mereham~msev
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 or
prohibited in another zoning district, which is not
specifically allowed in accordance with the list of uses
under 1., 1A.~ and lB. above.
c. Any residential use, including group homes and
residential institutions. Hotels and motels, and apartment
hotels and motels shall be a permitted use, however.
d. Exterior storage, unless adequately 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 anaccessoryto a principal use which is allowed
in accordance with 6.D.l., 6.D.1A., or 6.D.1B., above, and
located on the same parcel as the principal use.
g. Contractors' storage and shops.
3. Building and site regulations. No building or
portions hereof 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
50 feet
100 feet
19
Minimum lot area
Maximum lot coverage
Minimum front yard
Minimum side yard
(interior lots)
Minimum side yard
(corner lots)
Minimum rear yard
Maximum structure height
4. Off-street parking.
hereinafter.
5,000 square feet
40 percent
25 feet
15 feet one side*
15 feet on street
side*
20 feet*
45 feet not to
exceed 4 stores
As set forth in section ll-H
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 of storage.
Exterior display of merchandise shall comply with all
provisions that aDDi¥ 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
nonconforming 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 aDpl¥ to
the sale of used merchandise in the C-3 district.
Section 12. Appendix A - Zoning, Section 6
Subsection. E. CBD CENTRAL BUSINESS DISTRICT. is amended by
adding the words an figures in underlined type and by
deleting the words and figures in struck-through type as
follows:
lA. Uses requiring environmental review permits.
.An~. use listed _under 6.E.1. 'which uses, handles,
stores, or displays hazardous
hazardous waste, as defined by Federal
Regulations Part 261, shall require an Environmental Review
Permit in accordance with section 11.3 of these zoning
regulations.
Section 13. Appendix A - Zoning, Section
6.Subsection F. PLA/{NED COMMERCIAL DEVELOPMENT DISTRICT. is
amended by adding the words an figures in underlined type
and by deleting the words and figures in struck-through type
as follows:
5. Uses permitted= , conditional uses, uses requiring
environmental review permit.
a. Ail uses listed in Section 6C1 of these zoning
regulations provided however, that uses listed as
conditional will not be required to secure conditional use
approval if shown n the master plan required as a part of
this submission; 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
20
and Zoning Board may require that any other use obtain an
environmental review permit, prior to beinq established in a
particular PCD.
Any use which uses, handles, stores, or displays
hazardousmaterials, or which generates hazardous waste, as
defined by40 Code of Federal Regulations Part 261, shall
require an environmental review permit in accordance with
section 11.3.
b. Uses ancillary to permitted uses; and
c. Commercial uses not listed in Section 6C1
approved by the planning and zoning board.
but
Section 14. Appendix A - Zoning, Section 7. Planned
industrial development district. Subsection E. Uses
Permitted. is amended by adding the words and figures in
underlined type and by deleting the words and figures shown
in struck-through type as follows:
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) or industrial use provided that such
use or uses is(are) approved by the planning and zoning
board. In approving uses in the PID, the planning and
zoning 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. 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 Zoning Board that
such storage does not exceed fifteen (15) percent 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. Ail 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 Zoning Board may
require that any other use obtain an environmental review
permit, prior to being establishedln~ .... ............ ~'~ . r PID.
Any use approved by the Planning and Zoninq 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 Requlations Part 261, shall
also require an environmental review permit in accordance
with section 11.3 of these zoning regulations.
Section 15. Appendix A - Zoning, Section 8. Planned
industrial development district. Subsection A.M-1 INDUSTRIAL
DISTRICT. is amended by adding a the words and figures in
underlined type and by deleting the words and figures shown
in struck-through type as follows:
A. M-1 INDUSTRIAL DISTRICT.
3. Uses requiring environmental review permit.
Miscellaneous uses, as follows:
(1) Any use which uses, handles, stores, or
displays hazardous materials, or which generates hazardous
21
waste, as defined by 40 Code of Federal Regulations Part
261.
5. Prohibited uses.
b. Storage, distributions, wholesale, retail, and
services, as follows:
(13.) Any open storage or display, unless
adequately screened= ~ except that growing pla-ts 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 adequatelM screened.
Section 16. Appendix A - Zoning, Section 9
Administration and enforcement. Subsection C. COMPREHENSIVE
PLAN AMENDMENTS; REZONINGS. is amended by adding the words
an figures in underlined type and by deleting the words and
figures in struck-through type as follows:
3. Initiation of amendments. Amendments to the zoning
regulations aN the future land use plan shall be initiated
only by the city ee~e~ co,~,aission, the planning and zoning
board, or by the petition of the owners of not less than
fifty-one (51) percent e~-me~e of the area involved in the
p~p~se~ amendment. For amendments which are initiated by
the city co~.ission or planning and zoning 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.
h. A comparison of the impacts that would be created
by development under the proposed zoning, with the impacts
that w~Uld be created- ~y-~e~e -ex~s~
z~m~m~7-wh~eh-sha~-~me~e~ under 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:
11. Limitation on further consideration. Within one
(1) year after the date of final action by the city
co~ission 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 Conm~ission. ~-a~-a~a~e~-wh~eh
A -~ess -~n~e~s~e -~n~ -~sk~e%w -e~ -a -eham~e -~ -~ess
~ee~s&~e-~ses~-~
A-~ee~ease-~-ehe-ma~m~m-he~h~-e~-p~epese~-s~e~res-by
n~-~ess-~ha~-~e-%~-s~YT-whe~e-%he-p~pese~-he~§h~-~
22
structure-was-~oun~-~o-be-~nappropr~a~e-By-ehe-e~y-eoune~7
A-~ee~ease-~a-~he-a~ea-ef-~he-paree~-~e-Be-~e~eae~7-By-ne~
A-~eerease-~n-~he-num~e~-e~-~we~&n~-~m~s-By-me~-~ess-~han
~wenty-f~e -+R~ -pe~een~ -for -Drepese~ -res~ene~e~ -~en~n§
~s~ets?-er
A-~ee~ease-~a-f~eer-area-ef-aet-~ess-%haa-%wea%y-f~e-%~
De~eea~-f~r-preDese~-a~a~es~ea~a~-~s~e~s~-~r
A-~eerease-~-~aff~e-~eae~ate~-ef-aet-~ess-~haa-~wea%y-f~e
A-~ee~ease-~-we~e~-eeas~me~-e~-sewa~e-ee~ee~e~-ef-~ek-~ess
~han-~wen~y-~e-~R~-~e~ee~
~he-e~y-eeame~-may-~mpese-me~e-s%~a~em~-~e~emea~s-~haa
~h~se -~s%e~ -aB~e-~ -~mp~se -a~%~a~ -~e~eme~s7 -~
rese~ss~n-~f-a-~e~~-app~ea~-w~h~-%he-~me-pe~
sDee~f~e~-aB~e~
14. Modifications to master plans of planned zoning
districts and modifications to conditions of zoningr for
conventional zonin~ districts.
Section 17. Appendix A - Zoning, Section 10, Board
of Adjustment. Subsection B. POWERS AND DUTIES: is amended
by adding the words and figures in underlined type and by
deleting the words and figures in struck-through type as
follows:
3. go
For variances to minimum lot area or lot
frontage requirements, that property is not available from
adjacent properties in order to meet these requirements, or
that the acquisition of such property would cause the
adjacent property or structures thereon to become
nonconforming. The applicant for such variances shall
provide an affidavit, with the application for variance,
statin~ that the above mentioned conditions exist with
respect to the acquisition of additional property.
4. d Variances to lot area and maximum densities
specified~n comprehensive plan.
Where variances to lot area requested,
and such a variance, if ~ranted, would cause the densit~ to
exceed the density shown on the future land use map of the
city's comprehensive plan, the densit~ created shall be
construed to be in conformance with the comprehensive plan,
if the Board of Adjustment finds that the variance meets the
conditions set forth iht his section for ~ranting same, and
the variance Would only allow for the construction of a
sin~le-famil~detached dwelling.
Section 18. Appendix A - Zoning, Section 11.1
Nonconforming uses and structures. Subsection C.
NONCONFORMING LOTS., is repealed in its entirety by creating
a new subsection C. in underlined type as follows:
C. NONCONFORMING LOTS.
1. A detached single family dwelling may be
constructed on any parcel located in an R-I, R-iA, R-2 or
R-3 district, provided that it meets all of the followin~
requirements:
a. The parcel contains at least one (1) whole platted lot;
23
b. The parcel has a frontage of not less than fifty (50)
feet, and a lot area of not less than five-thousand (5,000)
square feet in area;
c. Property cannotbe acquired from adjacent parcels so as
to make the subject parcel conforming, without causing the
adjacent parcels or structures thereon to become
nonconforming or more nonconforming.
For any parcel or lot, or combination of lots under the same
the total frontage and the total area is
than that which is required by the
building shall
not be in accordance with the minimum
lot area required in the particular zoning
frontage
district.
Not more than one (1) parcel or lot, or combination or lots
under the same ownership, that is nonconforming but which
meets the requirements ~mder b.. above maybe 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.
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
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
(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.
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-1AAdistrict, without requiring a
variance, provided that it meets the following requirements:
a. The parcel contains at least one (1) whole platted lot.
24
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 and 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 isrequired by the R-1AA
districtlbui~ding and site regulations, ~aid 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 Pall 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 famil~ house.
5. In the R-1AAA 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
Front yard
Side yard (corner)
Side yard (interior)
Rear yard
25% of depth
20% of depth
15% of width
25% of depth
provided, however, that the setbacks specified above shall,~
in no instance, be construed to be greater that 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
25
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 ~ermitted to be increased
above the maximum lot area allowed by the district building
and site requlations, to the extent that this increase is
necessary to obtain the minimum living area required by the
district building and site regulatiOns.
8. Nonconforming lots in nonresidential districts.
a. Innon=residentialzoning districts, if the value of
shown on the latest Palm
less than sixty thousand
the lot area and lot frontage
are not less than (85% of that required
for the structures and floor area
· be changed from a residential
to a without
lot area or lot frontage. If
or parCel is less than
.if either the lot area
or lot (85%) percent of
that for 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 ~ or floor area or of the
of the value of
size or frontaqe.
FOr nonconforming or are proposed to
structures or establishment
The value of buildings shall be determined from the
on file at the Palm Beach County Property
i ice o
Section 19. Appendix A - Zoning, Section 11.2
Conditional Uses. Subsection D. STANDARDS FOR EVALUATING
CONDITIONAL USES. ils amended by adding the words and figures
in underlined type land by deleting the words and figures in
struck-through ~pe: as follows:
11. Conformance to the and requirements
which apply to site plans, as set'" in Chapter 19,
Article II of the City of Boynton Beach Code of Ordinances.
12. Compliance with, and abatement of nuisances and
hazards in accordance With the performance standards section
4 of the zoning regulations; also, conformance to the City
of BoyntonBeach NOise Control Ordinance.
Section 20. Appendix A - Zoning, Section 11.2
Conditional Uses. Subsection F. CONTENTS OF THE CONDITIONAL
USE APPLICATION. is amended by adding the words and figures
in underlined type and by deleting the words and figures in
struck-through type as follows:
5. Site plan drawn to an appropriate scale, showing the
following:
o. Any other information necessary to establish
compliance with the section. Any other information necessary.
to establish compliance with this section. Furthermore, any
information required for site plans in accordance with
Chapter 19, Article II of the City of Boynton Beach Code of
Ordinances shall also ~e required.
26
I ~ All other
subsections of ~
amended R ...... PPendix a -
~_ _ ~ L~iS 0~_ ''' ~0~
=~ect as ori~i__.~u~nance Shall
~ "~Y enacted.
~ Tha
in conflict h=~wlt~ ....... bet allandOrdinances or Parts of ordinances
~ection 23: Sh the same are hereby repealed
ordinance O~~o-rtlonO .
invalid,w°rd be declaredsuch decisionbY a Court ofanYcompetentParagraph,jurisdictionSentenCeto, be°r
this ordinance.' . .- shall not affect the remainder of
Section 24:
ordin~ AUthority is hereby granted to codify said
~e~tion 25:I
immedia~ This ordinance
='3 Upon Passage. Shall become effective
1988'FIRST READING this /-~__~day of~,
SECOND, FINAL READING and PASSAGE this ~ day of
-~, 1988.
definitions,
sections or
Specifically repealed or
remain in full force and
CITY OF BOYNTON BEACH, FLORIDA
/
/
ATTEST:
( Corporate Seal
C(
27