06-088
II
I ORDINANCE NO. 06- 088
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA AMENDING LAND
5 DEVELOPMENT REGULATIONS, CHAPTER 2
6 "ZONING", SECTION 6.F. MIXED USE ZONING
7 DISTRICTS; PROVIDING FOR CONFLICTS,
8 SEVERABILITY, CODIFICATION AND AN
9 EFFECTIVE DATE.
10
II
12 WHEREAS, the regulations for the Mixed Use-High Intensity (MU-H) and Mixed
\3 Use-Low Intensity (MU-L) zoning categories were adopted on June 18, 2002 primarily to
14 implement recommendations of the Federal Highway Corridor Community Redevelopment
IS Plan; and
16 WHEREAS, several minor amendments have been made to the regulations since
17 ! their adoption; however it was realized that adjustments needed to be made to the original
18 Mixed Use regulations in order to implement the more recently adopted redevelopment plans,
19 which include the Heart of Boynton Community Redevelopment Plan, the Federal Highway
20 Corridor Community Redevelopment Plan and the Ocean District Community
21 Redevelopment Plan; and
22 WHEREAS, the City Commission, upon recommendation of staff, deems it
23 appropriate and in the best interests of the residents of the City of Boynton Beach, to amend
24 the Land Development Regulations of the City of Boynton Beach to provide minor
25 amendments regarding the Mixed Use-High (MU-H) and Mixed Use-Low (MU-L) zoning
26 categories.
27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29
Section I.
The foregoing whereas clause is true and correct and is now ratified and
30 confirmed by the City Commission.
31
Section 2.
Chapter 2. "Zoning", Section 6.F. of the Land Development
32 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding
33 the words and figures in underlined type, and by deleting the words and figures in struck-
34 through type, in the attached Exhibit "A".
S:\C A \Ordinances\LDR Changes\Amdending LDR - Chapter 2 ~ 6F(2006).doc
"
Section 3.
Each and every other provision of the Land Development Regulations
3
Section 4.
2 not herein specifically amended, shall remain in full force and effect as originally adopted.
All laws and ordinances applying to the City of Boynton Beach in
5
Section 5.
4 conflict with any provisions of this ordinance are hereby repealed.
Should any section or provision of this Ordinance or any portion
6 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
7 affect the remainder of this Ordinance.
8
Section 6.
Section 7.
9
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
10 FIRST READING this ~ day of November, 2006.
II SECOND, FINAL READING AND PASSAGE this 5 day of
12 December, 2006.
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35 (Corporate Seal)
36
CITY OF BOYNTON BEACH, FLORIDA
1::;1 Vdj~
.(MayO~_ _ ',I I
/
(
/1
, -
b-2-;:::;_~-------,
eommissl~- >
, .-... -
Commissioner
:\CA \Ordinances\LDR Changes\Amdending LDR - Chapter 2 - 6F(2006).doc
/;;)1./116,1 A
F. MIXED VSE ZONING DISTRICTS.
I. 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
within the Community Redevelopment Area. All development and redevelopment shall require a site plan approval
(0 be processed concurrently with the application for rezoning.
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. Creole majer He"" resiaeHtial ana mi"ea Hne areas Allow for commercial services to be Drovided to new
residential develoDments in planned locations with appropriate densities, heights, and mixtures of uses;
c. Create optimal pedestrian environments 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. The mixed use zoning districts shall be applied to selected geographic areas, east ofl-95,
identified on the city's Future Land Vse 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. Regulations for the planning areas are implemented through !we four
zoning districts: Mixed Vse-High Intensity (MV-H), Mixed Vse-Low Intensity I (MU,Ll)' Mixed Vse-Low
Intensity 2 (MV-L2). and Mixed Vse-Low Intensity 3 (MV-L3). 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. Heights, densities and intensities of development are regulated according to the
classification of the roadway along the frontage of the property and proximity to existing single familv zoning
districts.
A Mixed Vse Low zoning district mav be located onlv on lands designated Mixed Vse (MX) on the City of Bovnton
Beach Future Land Vse Map. The Mixed Vse High zoning district may be located only on lands designated Mixed
Vse-Core (MX-C) on the City of Boynton Beach Future Land Vse Map
3. Subdistricts established.
a. MV-H (Mixed-Vse-High Intensity) Zoning District.
(I) UpOH aaeptiOR oftThe Mixed,Vse Cere (MX C) lana Hne elansiliaatieH, this High Intensity (MV-H) zoning
district shall only be applied to lands classified as Mixed Vse-Core (MX-C) on the Future Land Vse Map.
(2) The MV-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 eighty (80)
dwelling units per acre, provided that all new developments within this district that front on streets designated as
"arterial" or "collector" roadways" on the Functional Classification of Roadways Map shall contain a mixture of
retail, office and/or residential uses arranged either vertically or horizontally. Sine:le-use oroiects frontinl2: solely on
other streets within this district shall reauire conditional use aooroval.
b. MV-L (Mixed-Vse-Low-Intensity) Zoning District~, Mixed Use-Low Intensity 1 (MU-L I). Mixed Vse-Low
Intensity 2 (MU-L2). and Mixed Vse-Low Intensity 3 (MV-L3).
October 9, 2006
(I) In order to complement the revitalization efforts in the city's 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.
(2) The MU-L District~ isare appropriate for low- to mid-rise developments that provide for medium density
residential uses.
(3) The district~ allows a maximum height of seventy-five (75) feet and a residential density of forty (40) dwelling
units per acre for mixed use projects_l!nles"~"r.~.Q.l!~Jions are necessary' to maintain COnlOlitibility with an abutting
sim!.le-Hunilv zoning district.
(4) Building heights between seventy-five (75) feet and one hundred (100) feet may be permitted for develoDments
abuttine: the Mixed Use High zoninl! district. if reviewed as a conditional use.
(5) The review of these applications will emphasize aesthetics and design quality, and physical compatibility with
adjacent land uses.
(6) All new developments within this district that contain a mix of uses shall front on streets designated as "arterial",
"collector", or "local collector" roadways" on the Functional Classification a/Roadways Map and shall contain a
mixture of retail commercial, office and/or residential uses, which may be arranged either vertically or horizontally.
(7) Height restrictions and densities may be further limited in certain geographic areas to further applicable
redevelopment plans and maintain comoatibilitv with an abutting sinf?:le-Hunilv district.
4. Uses.
a. The following table identifies the permitted, restricted and prohibited uses within the mixed use zoning districts.
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 to a footnote below the table. Each
footnote explains 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-l
SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES
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October 9, 2006
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j! IN
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124 j!
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October 9. 2006
3
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12" 12"
N N
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. . 12" 112"
, 12" IN
October 9, 2006
4
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RestrietioR }Jetes:
I. MaGt lJe aA iHtegral part ef a minos ase aevelepmem somprisiHg a maJlimam ef39 perseHt efthe grass 1100r area
of the eHtire aevelepmeAt.
2. Fer those with ffeAtage eA aH arterial reaa, allev.ea ao a permittea ase if the greHAa level l1eor ffOAliHg the
arterial is sevetes te efl'ise er rolail ases. Othern'ise, ase is a eeAailieAal ase.
3. Use Ghall lJe subjest te the f.allewiHg aistaHee separatieH ro~airemeHts ffem similar ases, meaSHrOa iA a straight
liHe asiAg the shortest aistaAee betweeH prepef!)' IiAes:
Fer ases 'Nith less thaA 5 999 s~uare foet ofl1oer aroa, 759 foet;
Fer ases 'A'ith a groGs 1100r aroa e~aal te er greater thaA 5,999 gress s~aare foet, 1,599 feet.
4. Sabjesl to setbaek ana bafferiHg re~airemoHtS"" reeemmeAsea by the TeehAisal Review Cemmittee.
5. MaJlimHm gross s~Hare feetago efstraetHre shall net eneeea2,599 s~aare feel. Storage ef"estaI vehieles
prohibitoa.
~. MaGt be iHtegratea into a semmersial er millea ase aevelepmeAt aHs net OJlseea39 "erseHI efthe gross 110er area
eftl:ie entire ae\'eIel3ment, eORstrustea v:ithin t.fi6 SlHHe stflieture as the FemainiFlg eemmersial sr mines l:lse
develepment.
7. Gress 110er area of groser,' store mHst be a miAimHm ef I 5,999 s~uare feel ana a mmdmllm e09,999 s~Hare feot.
October 9, 2006
5
8. 0H site arop eft' aHa plok HP Olll)'.
9. Drive th.-u [aGility, iHGIHaiHg staGkillg laHes, mHst be SGrOelleali'Offi pHbliG right ef .....ay ana re~uires Gellaitienal
HGe "I'preyal. Illgress/egross Ghall Het be li'emlte an artorial reaaway.
10. Shalleemply with previGiells efChaptcr 2, SeG. I 1.L., pertailliHg te retail sale efgaselille er gaGeliHe preaHGts.
11. Net pOrmillea ell prepef!)' with Feaeral IIighy,'a,' FreHtago ill the MU L Zelle HHless eensistellt with reGlriGlioH
Hole llHmber si" (6).
12. IHaaer Gterage'aisplay Ghallllat e'<GeealQ,QQQ s~uare foet.
13. IH GanjHllotiell .....ith a permillea marilla Hse. Sterage'aisplay allewea all I)' ill wet aaeks ar inaeer llat te e"Geea
I Q,QQQ G~Hare feet.
11. See SectioH 11 fer regHlatiells.
15. See SeGtieH 15 ftlr regHlatieHG.
ZONE
USE GROUP/uSE MU-Ll MU-L2 MU-L3 MU-H
Residential or Lodeine Use Grouo
Bed and Breakfast C C N N
Boutique Hotel N N C C'
Hotel .!'! h h r
Home Oeclination p p p p
Mobile Home N N N N
Motel .!'! .!'! .!'! .!'!
Residential. Single-Familv. Detached N N N N
Residential. Single-Familv. Attached p p p p
Residential. Multi-Familv p p P P2/C2
Board and Rooming House (except as provided bv state law) N N N N
Accessorv Unit N N N N
Live/work Unit p" p" p" p"
Communitv Facilities Use GrouD
College. University. Seminary and accessory uses p p p N
Government Office/Civic Center/Librarv p p p p
Recreation. (outdoor) p p p N
Museum and accessory uses p p p p
October 9, 2006
6
ZONE
USE GROUP/uSE MU-LI MU-L2 MU-L3 MU-H
House of Worshio p3 p3 p3 pl.3
Police or Fire-Rescue Station P P P P
Postal Center (retail sales onlv) P' P' P' p5,6
Post Office N N C C
Public Park P P P P
Publiclv-owned Parkine Lot or Garaee (orincioal use) P P P' P'
Office Use Grouv*
'Not encouraeed as a first-floor use in the MU-H Zone
Banks. Financial Institutions P' P' p6,9 p6,9
Medical or Dental Office or Clinic P P P P'
Phvsical Theraov Clinic P P P P'
Professional Business Office P P P P
Veterinarv Office or Clinic P P P P'
Sales and General Commercial Use Grouv*
, Where oermitted within the MU-L Zone. onlv on lots frontine on maior arterial or connector roadwavs
Alcoholic Beveraee Packaee Store P' P' P' P'
Ammunition or Firearm Sale or Rental (orincioal use) N N N N
Animal Boardine: or Kennel (orincioal/accessorv use) C' C' N N
Animal Groomin2: P P P P'
Pet Sales P P P' P'
Antique StoTelFine Arts Antique Auction P P P' P'
Arts. Crafts, Hobbv and Framine P P P' P'
Auction House N N N N
Automotive Fuel Sales with/without Vehicle Service N N C6,1O C6,1O
Automotive Parts Sales p6J pl,6 pl,6 pl,6
Automotive Reoairs(Minor) N C1,!6 CI,16 N
Automotive Sales with Disolav N N pl2 pl2
Bakerv, RetaillSoecialty Foods/ P P P' P'
Boat/Marine Accessories/Rental/Brokeraee p12,13 p12,13 p6,12,13 p6,12,J3
October 9, 2006
7
ZONE
USE GROUPIUSE MU-Ll MU-L2 MU-L3 MU-H
Bookstore P P P' P'
Building Suoolies or Materials N N N N
Bus Terminal N N N C
Clothing. Shoes or Accessories Boutique P' P' P' P'
Contractor's OfficelEquioment Storage N N N N
Coffee Shoo P P P' P'
Convenience Store P' P' P' P'
Custom Home Fumishine:s P P P P
Cvber-cafe P P P' P'
Dive Shoo and Instruction as Accessorv Use P P P P
Droll Store or Pharmacy p6,9,1l p6,9,1l p6,9,1] p3,6
Grocerv Store. Suoermarket C' P' p6,' p6,7
Florist f f P' P'
Hardware Store p6,12 p6,12 p6,12 p6,12
Health Food Store P' P' P' P'
Home Imorovement Centers N N N N
Jewelrv. Luggage and Leather Goods P P P' P'
Lumber Yard N N N N
Marina pl2 pl2 p6,12 p6,12
Marine Customizing, Detailing, Service. Parts or Repair N C6,J6 C6.16 N
Newsstand p p' p' p'
Outdoor Green Market (City soonsored) N N N P
Outdoor Storae.e or Disolav as a princioal use N N N N
Parking Lots for Commercial Vehicles N N N N
Parking Lot or Garae:e. Private Ownershio (orincioal use) N N N N
Personal Watercraft Sales. Rental. Service. Parts or Reoair pl2 pl2 pl2 p'
Photograohic Studio and Photograohic Suoolies P P P' P'
Restaurant. with Drive- Thru p6,9 p6,9 p6,9 N
October 9, 2006
8
ZONE
USE GROUPIUSE MU-Ll MU-L2 MU-LJ MU-H
Restaurant. Sit-Down P P P P'
Soorting Goods P' P' P' P'
Tobacco and Accessories P P P' P'
Trailer - Vehicle or Marine- Sales. Rentals. Service. Repairs !'! !'! !'! !'!
and Storage
Video Rental P P P' P'
Wholesale/WarehouselDistribution N N N N
Service Use Grouo*
* Where oermitted within the MU-L Zones. onlv on lots fronting on maior arterial roadways
Barbershop/Beauty SalonlDav Spa P P P' P'
Dance Studio P P P P'
Dressmaker or Tailor P P P P'
Drv Cleaner p 6,8 p6,S p6,8 fM
Fitness/Health Club P P P' P'
Funeral Home C C C N
Hospital N N N N
Labor Pool Establishment N N N N
Laundromat P' p' p' N
Medical Outpatient Facility p' p' p' p'
Nurserv. Preschool or Child Davcare P P p' p'
Nursinl!. and Convalescent Home C C C N
Photocopv Center P P p' p'
Self-Storage or Mini Warehouse C6,15 C6,15 C6,15 N
Shoe Repair P' P' p' p'
Tattoo Parlor/Bodv Piercing N N N N
Soup Kitchen/Substance Abuse Centers/Shelters/ Halfwav !'! !'! !'! !'!
Houses
Entertainment Use GrouD '"
"'Where oermitted within the MU-L Zones. only on lots fronting: on maior arterial or connector roadways
October 9. 2006
9
ZONE
USE GROUPfUSE MU-LI MU-L2 MU-L3 MU-H
Adult Entertainment N N N N
Bar. Cocktail Lounge C C C' p'
Billiard ClublBowling Allev/lndoor Recreation Facility C' C' C' C'
Bingo Hall N N N N
Fortune Teller N N N N
Movie Theater N N p' p'
Night Club N C' C' C'
Performing Arts Theater P P P P
Private Clubs. Lodges and Fraternal Organizations C' C' C' N
Accessorv Use
Drive-Thru Facility (other than accessorv use to financial C' C' C' 1'[
institutions and restaurants)
RestrIctIOn Notes:
I Must be Dart of a mixed-use develooment comorisine: a maximum 30 Defee"! of the lrrOSS floor area of the
entire develooment.
2
For those with frontage on an urban arterial or urban collector roadwav. allowed as a permitted use if the
!!J'ound level floor frontinl! the roadway is devoted to office or retail uses: otherwise. use is a conditional
use.
J.
Use shall be subiect to the following distance separation requirements from similar uses. measured in a
straight line using the shortest distance between prooertv lines:
-For uses with less than 5.000 square feet of floor area. separation distance is 750 feet;
-For uses with a grOSS floor area equal to or greater than 5.000 souare feel. separation distance is 1.500
feel.
4.
Subiect to setback and buffering requirements as recommended bv the Technical Advisorv Review Team.
Maximum grOSS square footage shall not exceed 2.500 square feet. Storage of postal vehicles prohibited.
,
Must be intelZrated into a mixed use buildine: or develooment.
7
Gross floor area of grocerv store must be a minimum of 15.000 square feet and a maximum of 80.000
square feet.
8.
On-site droo-off and pick-up onlv.
9
Drive-thru facilitv. includine: stackin2: lanes. must not be visible from Dublic ril!.hts-of-wav and reauires
conditional use 3ooroval. When altemative ingress and egress is available. access should not be from/to an
arterial roadwav.
10
See Section 16 for ree:ulations.
October 9, 2006
10
II
Not permitted on orooertv with Federal Highwav frontage in the MU-L Districts unless consistent with
restriction note six (6).
12
Indoor storage/displav onlv and shall not exceed 10.000 SQuare feet.
13
In coniunction with a oermitted marina use. Storae:e/disolav allowed only in wet docks or indoor area not
to exceed 10.000 SQuare feet.
14
See Section 15 for regulations.
15.
See Section 14 for regulations.
16
See Section 17 for regulations.
17.
See Section 18 for regulations
5. Building and site regulations.
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October 9, 2006
11
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"MiHimHm heighl eH aH)' street 8-anlage i" 35 feet.
"'HoIMe" all habitaele opaoe, iHsluaiHg resiaential uHits (e1<sluaing parkiHg s!rustures).
"Ma1<imHm height ef8-eHt faoaae is 15 fl. abe'..e whish bHilaiHg must step baol: a miHimum 10 fl. fer eash
aaditieHal 5Q fl. efReight.
4-~~~:r~:~ to abeve 75 fl. aHa HP te I QQ fl., oubjest to oaHaitieHal use appreval te .Houre aesigH aaalaaa Hse
G9ffiJ3att9JlltI0S.
MlIltijlle ~tor)' llllilclings are enoollraged ',vithin the FecleFaI High'l.-a)' COfficlsr District,
~i~lIlarl)' aleng arterial roacl.,vays. The inteat sf this jlro~li~!on is te Greate the RJljleal'lllloe, sr to
simll!ate the intcasity sf, a minimllffi of a t'NO (2) ster)' lllltlcllng.
o
~RONT Y:\RD S:BTR'\CK
IMU L ZONB
IMU H ZONB
October 9, 2006
12
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MlIltiple steF/ bHilaings are eHGellfaged withiH the Feaeral Highway Cel'1'ia~r Di;:ri~t, partieul;rly alG~g afIer~al
TeaElv:ays. The iHteHt sf this flrevisieB is to ereate the appearaHee, aT tEl Slmu ate t e mtensrt:y e , a ffiIRlffiUm e a
twe slery llUilaing.
t. Perehes may be plaee ferwara efllle bHila to IiHe ana sball maintain a minimHm twe f<let selbaGk li'em any p~blie
siaewalk. PorGbos shall be plaGea elilsiae ef olear sigbl triangle. Minimum setbaek for a garage faelAg er aGGesslHg
tbe street is 2G foet.
2. ProjeGting fealure(s), slleb ao awnings, baleoHies, porGbes aHa/Or."IO~pG, may be plaeea furv:ara efthe bHila te
liHe ana shall maintaiH a minimllm ty,'O feot solllaok li'em any pHblIe Slaewalk.
3. OHe or moro prejeeliHg featHre(o), sHeh aG aWHiHgs, baleoHies, eelennaaos, poreheG ana/er oteeps, re~Hirea
forward oflhe bllila te line ana shall maintaiH a miHimllm Rve feet elearaBee li'om any vehwHlar use aroa. ElemeHls
prejeeling ever a peaestriaH 'l.'alk-v:ay shall allew a minimHm HiHe foet vertieal elearoHee ana a Rve f<let henzemal
)3eElestriafl eleaFBFlee.
1. Where inteHt is to wiaeH peaestrian walkway iH eempliaHee with SEetieH 9.(d) Lanseaping (belew).
"
"
1. PIlla eHe aaaitienal foot fer eaeh foet efheigbt over 15 foet where oeljaeent Ie an e)listing, siHgle family, BolaGhea
dwelling, less v.iath of the right eh.a)'.
~:=:~I~~~:: ~:dC~~~~aeeRt to
c;zmm :Hzmm I
October 9, 2006
13
I. SUBjeot te requirements ef aH)' permitting agene) haying jurisaietien eyer eenstruetien aBHIling the Inlfaeestal
'H atern'ay.
2. Plus oHe aaaitienal foot far each f<lot ofReight aver 15 feet where withiH or abuttiHg the MU L ZOHe.
3. Fifteen (15) feet aButtiHg a street, teH (lQ) met abuttiHg an allo)'.
October 9, 2006
14
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6. Rezoning of single-family residential zoning districts to mixed nse zoning districts. All reqnests for
rezoning from aHY single-family residential district to a mixed use zoning district shall be subject to the
following additional requirements:
a. Height, density and intensity of development based on the roadway frontage;
b. Ratio oflot frontage to depth that is no more than one (I) foot (frontage) to 1.25 foot (depth);
c. Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet
safety standards; and
d. Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned
property abuts single-family residential zoning.
7. 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 Districts. Mixed use
structures are subject to the same development standards as "all other uses. t1
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.
8. 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.
9. Access. Witllin tile MU H aHa Mu],I L zeHes, Yehicular access for proiect to parkiH;; shall not be directly from an
arterial roadway ~Y-DSI~ sl!.t1Ifj.~m",t+-aR alternative ,;l.f.~L9.~,ti is available.
10. Landscaping and Desil!n.
3. LandsC30im! in the MU-H District.
(I) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape.
(a) The trees selected shall be consistent with the established theme of the street, where appropriate. The City
Forester will provide consultation on appropriate species.
(b) Trunks shall be a minimum four (4)-inch caliper and provide seven (7) feet of vertical clearance for visibility.
(c) In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing
landscaping for the sidewalk shall be utilized.
(d) Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty
(30) days.
(2) Tree spacing.
(a) Trees shall be regularly spaced. The spacing of the trees shall be at a minimum of20 - 25 feet on center.
October 9, 2006
17
(b) Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at
comers or by corner conditions.
(c) Tree placement shall match the existing pattern, where appropriate.
(d) Tree guards, fabricated to city specifications, shall be placed adjacent to the curb, where feasible.
(3) Tree irrigation.
(a) Irritation systems shall be installed to service all trees and other landscape materials.
(b) Irrigation systems shall be in operable condition at all times.
(4) Sidewalks and lighting.
(a) All new construction in the MU-H District shall provide new sidewalks.
(b) Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet wide, measured from the rear
of the curb.
(c) Sidewalks and lighting shall, where practical, be Hell"n'; Slal1e pave,", red'da."caal eelar mix 2 by Pm'c.-
Systems, [no., or equal, laia iH a 1 S herriHgaoHe pattern to cOHtiHHe the consistent with the current design elements
in place along Federal Highway.
(5) Flower containers. To add color and soften sidewalk paving with plants, flower containers containing blooming
annuals or perennials shall, where practical, be planted and maintained along facades of new building fronting on
arterial roadways in the MU-H District.
b. Desil!n comoatibilitv. Proposed proiects should comoliment existing or aporoved adiacent mixed use oroiects in
terms of height. color. style massinl! and materials. Proiects oronosed that would abut a sinule-familv zonine: district
should be designed to avoid a reduction in privacy of the adiacent neiuhborhood through measures such as. but not
!.iJ:ni~"Q,"tp,,-_~Q,Qilli?l]~lJ~mh~ID2!n&-Q[ientatimL9.J::,"~jniJ.qws and balconies. and layout of upper units.
c, Maximum heil!ht and setbacks - Skv Exoosure Plane
(l) No building shall exceed the maximum height limits or the Skv Exposure Plane (S.E.P.) exceot as delineated
below in Section (3).
(2) All buildings shall be built within the S.E.P. based on the ratio of six vertical feet to one horizontal foot (6 to I).
The base for determining the skv exoosure olane shall be from the building setback at base height for building
fronts. and from the minimum building setback for the side and rear elevations.
October 9, 2006
18
Exhibit 1: Sky Exposure Plane
ADJACENT TO STREET
bh .Basellelghtlltst~lev~1
" . HOrUOlltllldistiloce
v -Vertlcaldlstance
s "Sl'tback
REAR AND SIDE
- Horlzontaldlstance
. Vertlcdldistan<.e
-Setback
(3) The following shall be deemed as allowable exceotions to the maximum height limits and S.E.P requirements:
(a) Balconies (unenclosed). canooies. trellises, landscaoing. and flags;
(c) Uninhabited architectural elements:
(b) Elevator or stair bulkheads. roofloo eQuioment and related screening;
(d) Paraoet not more than four feet high.
11. Parking requirements. Parking requirements for both the MU-H and MU-L zoning districts shall be as set forth
by Chapter 2, Section llH, of the Land Development Code. Chapter 2, Section Ill, shall apply only to the MU-H
zoning district. Structured oarkine: is oreferred for all mixed use develooments. and no surface oarking should be
visible from an adiacent arterial or collector road. Ints for me,. thaH 19 v.hides "hall Be orohiBitea iH MU L3 aHa
~.1IJ I [ zoninc di.;tricts. In an MiJ((~d L!se zonine. eH.Jtricts no .Jblrfaee earl~iA::: lot.; shall be leeated aaiaeent to a
o"slie ri::ht of II a.,.
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 automobile garage setback, and subsections 8.d. and 8.e. below, permitting understory parking and
regulating parking garages. The intent of this provision is that parking facilities not be prominent, as viewed from
the street(s) that servers) as the main orientation for the principal building(s), in order to emphasize buildings and
pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear parking is
preferable to side yard parking. 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. 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
October 9, 2006
19
(daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various
separate time periods, the percent of parking required shall be calculated and signed bv a licensed traffic engineer
using "Shared Parkin". Second Edition ". U.L.l.. 2005. or other acceotable methodologv.
"ff{se.'teifrJ
~
; '.'''':''" ic>;-
~ 'J -"-':' -,. ~"
Gffiee 1-00 loG ~
Retail +$ li (l(l
+$ li 1-00 .
~ Ifoo li ~
~ Ifoo ~
~ ~ 1-00 ~
(Selll'se: Urball Lalla Institute: ShINed P-IN.~illg, 1983)
c. Freestanding parking garages as part of a mixed use development are permitted within the MU-H Zone only.
Within the MU-H Zone, free-standing single-use parking garages call not exceed seventy-five (75) feet in height,
and shall not have direct frontage on lleYHtaH Ilea.n Iloulevara, a.ean 1\ veRue er feaeralllignway, anv oublic
street unless the portion of the garage abutting these streets contains storefronts, restaurants or other permitted
nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted
habitable floor area to a minimum depth of twenty (20) feet, so as to disguise the garage and create continuity in
street-level activity by maintaining interest for pedestrians and passing automobile traffic. 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. Understory parking (on the first floor ofa structure) is permitted throughout the MU-H and MU-L Zones for
multiple-floor buildings. Such first floor parking areas, abutting on arterial readwa)'s anv oublic roadwav. are
required to be developed for commercial uses to a minimum depth of twenty (20) feet. All other visible sides of the
parking structure 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.
H12. Dumpster location. Dumpsters shall be adequately screened from view in a manner compatible with the
surrounding environment.
HI3. 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.
13. Signage. Chapter 21, Signs, of the Land Development Code shall govern signage within the Federal Highway
Corridor District.
~14. Self-storage design requirements.
a. Location of self-storage use. Self-storage uses shall only be allowed above the first floor in mixed-use structure.
b. Ground-floor retail uses required. Street frontages of the ground floor area shall be devoted to one or more
principal retail and office uses, not related to the self-storage use, to a depth of at least twenty (20) feet.
October 9, 2006
20
c. Access to self-storage facilities. Access to self-storage use portion of the structure shall not be from/to an arterial
roadway and must be screened from public right-of-way.
d. Design of buildings. Buildings shall be designed to have the appearance of a multi-story retail, office and/or
residential structure through the use of windows, shutters, and appropriate building elements on the upper floors.
-1415. Live/work unit requirements.
a. Minimum floor area. The minimum floor area ofa live/work unit shall be one thousand (1,000) square feet.
b. Permitted floor area. No more than thirty per.eRt (39~() or fOllf hllHelrea (199) seven hundred and fifty
(750)square feet, whi.he\'er is greater, of the live/work unit shall be reserved for living space, including kitchen,
bathroom, sleeping and storage areas. The rest of the gross floor area of each unit shall be reserved and regularly
used for working space.
c. Separation required. Each live/work unit shall be a separate unit from other uses in the building. Access to each
live/work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior
of the building.
d. Parking. Each live/work unit shall be provided at least two and one-half(2'l\) parking spaces.
e. Permitted work activity. The work activity in a building where live/work units are allowed shall be any use
perrnitted by right in the zoning district, except that in order to protect the health and safety of persons who reside in
a live/work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the
nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious
gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product
or wastes.
f. Occupational license required. At least one resident of an individual live/work unit shall maintain a current
occupational license for a business located in that unit.
g. No separate sale or rental of portions of unit. No portion of a live/work unit may be separately rented or sold as a
commercial space for a person or persons not living in the premises or as a residential space for a person not
working in the same unit.
h. No conversion of units. No live/work unit shall singly be changed to exclusively commercial or exclusively
residential use. No conversion of all live/work units in a single structure to exclusively residential use shall be,
where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively
commercial use be permitted where the live portion of the units is the only residential use in a project.
16. Automotive Service Station reouirements.
a. Location. Must be a Dart of a mixed-use develooment located at the intersections of roadways consistinl! of four
lanes or more that are classified as an "arterial" or "collector" roadway on the City's adoDted Roadwav
Classification MaD.
b. Access. On Iv one access drivewav is allowed from each maior street frontage. Drivewavs shall be located a
minimum of 50 feet from the intersection unless county or state standards require a (!Teater distance.
c. Setbacks. Building setbacks shall meet those required bv the zoning district.
d. CanODY location. CanODY structure oyer the fuel Dumos shall be located either to the side or rear of the sales
office building.
e. Storage. No outside storage of materials. DartS. and no oyernie:ht storal2:e of vehicles outside
October 9, 2006
21
f. Accessorv Uses.
I. Shall require a conditional use aooroval.
2. Mav include vehicle washing (tunnel car wash) and minor reoairs limited to servicing and installation of
tires. batteries and accessories. lubrication and oil chane:es,
3. Hours of ooeration - 7 a.m. to 7 o.m" Mondav through Fridav and 7 a.m. to 12 noon on Saturdav. No
Sunday ooeration of accessory uses. This restriction does not aoolv to the sale of convenience items.
g. Overhead doors. Overhead doors shall not be visible from anv maior roadwav frontage.
17. Automotive Revairs (Minor) reauirements.
a. Location. Shall be a oart of a mixed-use develooment
b. Access. Shall not be directlv from anv maior roadwav
c. Storal!e. No outside storalle of materials. Darts. and no overnie:ht storage of vehicles outside.
d. Overhead doors. Overhead doors shall not be visible from anv maior roadwav frontage.
18. Street Vendors regulations.
a. Licensing,
I. All street vendors shall obtain a license from the City's Occuoational Licensing Division and shall
disolav same at all times when conducting business within the city.
2. Said license shall require aporoval ofvendine: station desien,
3. Licenses mav be revoked following five (5) valid comolaints against the business.
b. Location.
1. Street vendors ooeratine: on orivate orooerty shall require aooroval from the propertY owner.
2. Street vendors ooerating within the oublic right-of.wav shall not conduct business from a location
within intersection crosswalks. block or obstruct access to handicao curb-cuts. or obstruct pedestrian oassalle on the
sidewalks at any time.
c. Waste removal. Each street vendor shall provide waste disoosal containers. and shall remove all debris created bv
his/her business dailv.
M19. Definitions. The following are supplemental 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. Accessory apartments shall comprise no more than
twenty.five percent (25%) of the total floor area ofa single-family dwelling, and shall in no case be more than seven
hundred fifty (750) square feel.
Antique shops or Auction house. Any premises used for the retail sale, trading or auction of articles of which eighty
percent (80%) are over fifty (50) years old or have collectible value. Antique shop or Auction house does not include
"secondhand store" or auction of used merchandise.
October 9, 2006
22
Automotive Revairs (Minor). Providinl!. renlacement or renairs to automotive tires. batteries. accessories. Includes
lubrication. oil changes. renairs to air conditioning. non-enl!.ine and exhaust related service and reoairs. but not
including engine overhaul and/or replacement of internal parts of engines. bodv and fender work. painting and
customizinl!..
Child care facility. An establishment that provides care, protection and supervision for children on a regular basis
away from their primary residence for less than twenty-four (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.
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.
Fitness/health club. A commercial recreation and entertainment facility or private club which has as a principal use
a gymnasium, swimming pool or other sports facility and which may offer massages, whirlpool baths, steam rooms,
saunas or medical facilities as accessory uses to the principal use.
Fortune-teller/psychic. Person who makes predictions about the future through methods including astrology, palm
reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves.
Haljivay 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 portion thereof containing tweAly (20) fiflv (50) or more guest rooms, efficiency units or suites
designed for the temporary lodging of transient guests rented on a daily basis and occupied for less than thirty (30)
days. Ancillary facilities may include conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet
rooms and meeting rooms. Access to the guest quarters shall be through an inside lobby and corridors or from an
exterior court which is within a secured area.
Hotel, boutique. A small luxury hotel containing ten (10) to IweAt)' (2{)) fifty (50) guest rooms. Meal service is
usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service may also be
provided.
Hotel, extended stay. Any all-suite hotel that provides visitors with a full kitchen and more than five percent (5%) of
its rooms are occupied for at least thirty (30) days and no more than one hundred and eighty (180) days.
Landscaped area. Open space area not occupied by any structures or impervious surfaces, and landscaped with
vegetative material and ground covers pursuant to the Boynton Beach Landscape Code.
Listed Historic Structures. Includes all structures listed as elil!.ible for deshmation in "The Citv of Bovnton Beach
Historic Sites Survev" as oreoared by Research Atlantica. Inc. Seotember 1996. or any subsequent uodates to that
study. In the Mixed Use zoninl!. districts. the structure may function as its intended use or be adaoted to other
allowed uses. orovided the exterior of the structure maintains its oril!.inal architectural intel!.ritv. notwithstandinl!. any
modifications necessary to meet the requirements of the Americans with Disabilities Act (ADA).
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Live/work unit. A commercial unit with incidental residential accommodations occupying one (l) or more sleeping
rooms or floors in a building primarily designed and used for commercial occupancy and providing:
I. Adequate working space reserved for commercial use and regularly used for such purpose by one (I) or more
persons residing in the unit; and
2. Living space containing, but not limited to, a sleeping area, food preparation area with reasonable work space and
a full bathroom.
Medical outpatient facility. An establishment where patients who are not lodged overnight, but are admitted for
examination and treatment by a group of physicians, dentists, or other health care professionals.
Mixed use development. f. oomai9alie9 oftv:e (2) er mere "Ges eH . siHgleparoel, tract er aev.lepme9t pea. 19 lIle
Mil,ed Use IligR latoHsit)' Zeaiag District, lIlis sRall oeasist ef a str"otllfe er series of struo.....es .eataiHiag retail
effioe aHa resiaential HSOS affaAgea vertically. la tRe Milled Use Lev.- IHteasit)' ana SHaurbaA Mil,ea Use Zeaiag
DiGtri.ts, millea use C'H ref.,r Het eHI)' te uses witlliH siagl. aHilaiHgS, aut te aiffereat "sos mil,ea ia .lese prOllimity
ia a siagle devolopmeHt. The develooment ofa single building or single parcel to contain two or more of the
following types of uses: residential. retail/commercial. office or institutional. Mixed uses mav be combined
verticallv within the same building or placed side bv side on the same parcel. orovided that thev are in close
proximity. planned as a unified and comolementarv whole and functionallv integrated to make the use of shared
vehicular and oedestrian access and oarking: areas.
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.
Nif!ht Club. A facility operated as a commercial establishment in which eating and/or drinking takes nlace. where
alcoholic beveral!es are served and where the orovision of entertainment is the primarY activity. Entertainment
includes music bv a live musician or musicians. or any mechanical. electronic. or other means such as records.
laserdiscs. audio. video. or other audio or audio-visual means. Including acting, olav performances. dancing, SOlle:
and dance acts oarticioated in bv one or more emolovees. Iwests. customers or other person or persons. An
establishment that provides background music. which is clearlv incidental and allows for normal conversations
levels. shall not be considered a night club.
Package liquor store. An establishment where alcoholic beverages are dispensed or sold in sealed containers for
consumption off the premises.
Private Clubs. Lodees and Fraternal Orrzanizations. A facility used to house a ree:istered non-profit or not-for-orofit
social. sports or fraternal ore:anization for the primary purpose of havine: orivate meetine:s for their membershio. and
mav include the serving of meals and/or alcoholic beverages for the exclusive use of the members and their guests,
and where access to the e:eneral public is restricted.
Recreation and entertainment, indoor. .^.n establishment Elffering re~reati8n ana eHteFtainment tEl the general tH:lBli€
witRiH aH eHcles.d a.ildiHg. An enclosed building which is orincipallv used for games and other recreational
puroosed. and which is operated on a for profit basis. 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.
Recreation and entertainment. outdoor. An outdoor area which is orincioallv used for active or passive recreation.
and which is ooerated on a for orofit basis. Such uses include tennis centers and swimmine: pools.
Residential, multi-family. A building containing three (3) or more dwelling units that cannot be classified as single-
family attached.
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Residential, single-family, attached. Two (2) or more one-family dwellings attached by common vertical firewalls,
whereby each unit has its own front 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.
S Ex osure Plane. A "sk ex osure lane" is an ima in inclined lane be ionin at maximum fronta e hei
and rising at a ratio of vertical distance to horizontal distance as set forth in the Mixed Use zoning regulations
Soup kitchen. 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.
Theater. A building or outdoor structure expressly designed for the presentation of plays, operas, music concerts,
motion pictures, etc.
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