Boyn01 PART III
LAND DEVELOPMENT REGULATIONS*
*Editor's note—Ordinance No. 095-02, adopted April 4, 1995, created comprehensive land development regulations through repeal, revision and renumbering. Since the ordinance did not
follow the format used in this Code, it has been set out as enacted and amended herein. Amendments have been worked into their proper places and amended or repealed provisions deleted.
Amendatory ordinances are cited in parentheses () following the section amended. The absence of such citation indicates that the section has not been amended and is as originally enacted
by Ord. No. 095-02.
Chapter 1
GENERAL PROVISIONS
Art. I. In General
Art. II. Definitions
Art. III. Jurisdiction
Art. IV. Purpose
Art. V. Impact Fees and Dedications
Art. VI. Land Development Fees
Art. VII. Appeals
Art. VIII. Development Reviews
Art. IX. Development Orders
Art. X. Administrative Adjustment to Minimum Yard Setbacks
Art. XI. Notice of Intent
App. A. Parks and Recreation Facilities Impact Fee Formula
ARTICLE I. IN GENERAL
Sec. 1. How regulations are designated and
cited.
The ordinances embraced in the following chapters and sections shall constitute and be designated the “Land Development Regulations, City of Boynton Beach, Florida,” and may be so cited.
Sec. 2. Rules of construction.
In the construction of this Regulation, and of all ordinances, the following rules shall be observed, unless the context clearly indicates otherwise:
City Council/Commission. Whenever the words "City Commission" are used, they shall be construed
to mean the City Commission of the City of Boynton Beach.
Code 1958. Any reference herein to “Code 1958” shall be construed to mean the “Code of Ordinances, City of Boynton Beach, Florida,” adopted October 20, 1958, by Ordinance Number 315,
as from time to time amended and supplemented.
Computation of time. In computing any period of time prescribed or allowed by this Code or Regulations, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until
the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays
and legal holidays shall be excluded in the computation.
Gender. A word importing the masculine gender only may extend and be applied to females and to firms, partnerships and corporations as well as to males.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear”
or “sworn” shall be equivalent to the words “affirm” and “affirmed.”
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Officers, agencies. Wherever reference is made in this Code or Regulations to any officer or agency, such as “city manager,” “the mayor,” “the city clerk,” “planning and development
board,” and so forth, such reference shall be construed to mean such officer or agency of the city and shall include the duly authorized subordinates or personnel of such officer or
agency.
Or, and. “Or” may be read “and,” and “and” may be read “or” if the sense requires it.
State. The words “the state” or “this state” shall be construed to mean the State of Florida.
Tense. Words used in the present or past tense include the future as well as the present or past.
Sec. 3. Catchlines of sections.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken
to be the titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are
amended or re-enacted.
Sec. 4. Effect of repeal of ordinances.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal,
for an offense committed or cause of action arising under the
ordinance repealed.
Sec. 5. Severability of parts of Regulations.
The sections, paragraphs, sentences, clauses and phrases of this Code or Regulations are severable, and if any phrase, clause, sentence, paragraph or section of this Code or Regulations
shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of the court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code or Regulations.
Sec. 6. General penalties; continuing violations;
adjudging fines and imprisonments.
A. It shall be unlawful for any person to violate or fail to comply with any provision of this Regulation or other ordinance of the city and where no specific penalty is provided therefor,
the maximum penalty which may be imposed upon any person who shall be adjudged to have violated any provision of this Regulation or other ordinance of the city shall be a fine not exceeding
five hundred dollars ($500.00) or a term of imprisonment not in excess of sixty (60) days, or by both such fine and imprisonment; provided, however, that this section shall not conflict
with any penalties imposed for any offense under the laws of the State of Florida, and no penalty for violation of this Regulation or any ordinance of the city shall exceed the maximum
penalty provided for the violation of a comparable state law. Each day any violation of any provision of this Regulation or other ordinance of the city shall continue shall constitute
a separate offense.
B. Whenever the judgment of a court of appropriate jurisdiction shall, under any of the ordinances of the city, adjudge a person to pay a fine, or a fine and costs of prosecution, such
judgment shall also provide a period of time for which such person shall be imprisoned in default of the payment of the same.
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C. Whenever the sentence shall be one of both fine and imprisonment, it shall also provide for an additional period of imprisonment, for which such person shall be held in default of
payment of the fine and/or costs of prosecution imposed. Such additional period shall commence to run from the expiration of the other period of imprisonment fixed by the sentence,
provided that in no case shall the imprisonment for failure to pay a fine, or fine and costs, together with any other imprisonment in the same case, exceed the period of six (6) months.
Nothing in this section shall exempt a prisoner from being put to labor during the period of such additional imprisonment.
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Sec. 7. Cost assessed for law enforcement
education.
A. The court trying city ordinance violations shall assess two dollars ($2.00) as additional court costs against every person convicted for violation of a municipal ordinance as authorized
by Section 943.25 of the Florida Statutes. All such sums shall be turned over to the finance director to be deposited in a fund as established in B to be known as the law enforcement
education fund.
B. There is hereby established a fund to be known as the law enforcement education fund. All funds received by the city from the assessment of court costs established in this section
shall be segregated from all other funds of the city and set apart by the finance director in a separate fund to be known and designated as the law enforcement education fund. Such
funds may, from time to time, in the discretion of the City Commission, be invested. The interest received upon such funds and the principal thereof may, upon the request of the chief
of police, be used for law enforcement education expenditures for the benefit of members of the city police department. Expenditures shall be permitted by the city manager, upon approval
of the City Commission, when authorized in accordance with law.
Sec. 8. Certain ordinances not affected by
Regulation.
Nothing in this Regulation or the ordinance adopting this Regulation shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with
this Regulation:
A. Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness;
B. Any appropriation ordinance or ordinance providing for the levy of taxes or for a budget;
C. Any ordinance annexing territory to the city or excluding territory as a part of the city;
D. Any ordinance granting any franchise, permit or other right;
E. Any ordinance approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument;
F. Any administrative ordinance not inconsistent with this Regulation;
G. Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating or repairing any street or public way or lawfully established bulkheads
or bulkhead lines;
H. Any ordinance regulating, restricting or prohibiting traffic on particular streets or in particular localities;
I. Any ordinance prescribing the street grades of any street in the city;
J. Any ordinance providing for local improvements or making assessments therefor;
K. Any ordinance dedicating or accepting any plat or subdivision in the city;
L. Any ordinance zoning or rezoning specific property;
M. Any ordinance providing for the compensation of officers and employees;
N. Any temporary or special ordinance; and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.
Sec. 9. Ordinances; city laws and codification.
Ordinances of the City Commission adopted in a manner provided by law shall constitute the laws of the city and shall be in full force and effect until repealed. The City Commission
shall have the power to have the city ordinances codified, and published in book form.
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Sec. 10. Reciprocity implied.
In the construction of this Regulation, all provisions which establish a distance requirement between types or kinds of businesses or structures shall be construed in a manner which
makes that distance requirement reciprocal.
Sec. 11. Reserved.
Sec. 12. Reserved.
Sec. 13. Reserved.
ARTICLE II. DEFINITIONS
The words, terms and phrases herein shall be defined as follows unless otherwise specified in this ordinance. The word "shall" is mandatory, the word "should" is preferred and the
word "may" is permissive. The singular shall include the plural and the present tense shall include the future tense and vice versa.
ABANDONED SIGN - Sign which no longer identifies or advertises a bona fide activity, where the activity has been abandoned or does not possess a current business tax receipt.
ABUTTING PROPERTY - See "Contiguous Lands."
ACCESS - The principal means of ingress and egress to a lot from a publicly or privately dedicated right-of-way.
ACCESS WATERWAYS - A waterway which is developed or constructed for the purpose of providing access by water to lots within a subdivision.
ACCESSORY BUILDING OR STRUCTURE - A detached, subordinate building, the use of which is clearly incidental and related to that of the principal
building or use of the land, and which is located on the same lot as that of the principal building or use.
ACCESSORY USE - A use that is customarily incidental to the principal use and so necessary or commonly to be expected that it cannot be supposed that these regulations intended to prevent
it. Accessory uses, unless otherwise provided, shall be located on the same premises as the principal use.
ADEQUATE PUBLIC FACILITIES - Public facilities available to serve a development project so as to meet the levels of service and the conditions set forth in Chapter 1.5.
ADEQUATE SCREENING - To conceal from public view materials on private property with a structure made of metal, wood or masonry. Said structure shall meet the requirements of the Standard
Building Code.
ADULT ENTERTAINMENT ESTABLISHMENT - A commercial enterprise which predominately limits admission to “adults only” owing to the sexual nature of its merchandise or entertainment. Such
establishments may include, but not be limited to, adult bookstores, adult theatres, adult lounges, adult health studios, adult motels or hotels with nude, bottomless or topless entertainment
or employees.
ADVERTISING STRUCTURE (SIGNS) - A sign structure erected or intended for advertising purposes, with or without advertisement display thereon, situated upon or attached to real property.
AISLE - The hard-surfaced lanes in a parking lot which connect the parking stalls with a public or private street, alley or interior driveway.
ALLEY - A right-of-way affording secondary access to property. It is not intended or used for general traffic circulation.
ALTERATIONS, BUILDING - Any change in the structure which will increase the number of useable units, the floor area or height of the structure.
AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video gaming, pinball, or similar player-operated amusement devices, in any combination.
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ANIMATED OR FLUTTERING SIGN - A sign which uses devices to generate movement by either mechanical, electrical or natural methods.
ANTIQUE STORE or AUCTION HOUSE - The use of a building for the retail sale or auction of objects of value such as quality antiques, art objects, jewelry and the like, but not used
merchandise generally. No outside storage or display shall be permitted in connection with such uses.
APARTMENT - A room or a suite of rooms occupied, or which is intended or designed to be occupied, as the home or residence of one (1) individual, family or household, for housekeeping
purposes.
APARTMENT, EFFICIENCY - A dwelling unit consisting of one (1) room, other than a bathroom, and providing cooking facilities.
APPLICANT - See “Developer.”
ARCADE - A permanent, roof-like structure open to the weather on one (1) or more sides, constructed of rigid materials, which is cantilevered from the building wall, attached to and
supported by the exterior building wall or supported by freestanding columns or pillars.
ARTERIAL ROAD OR STREET - A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility
importance. In addition, every United States numbered highway is an arterial road, and every street shown or described as arterial according to the current or most recent functional
classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended, is an arterial.
ATHLETIC COMPETITIONS - Any amateur and professional cheerleading, dance and gymnastics event, or any amateur or professional event, which involves physical contact between the participants,
provided the event is a sporting event recognized as an Olympic sport by the United States Olympic Committee.
AUTO PARTS SALES (RETAIL) - Sale of auto parts from a commercial establishment for installation and use off-premises.
AUTOMOBILE - An automobile or motorcycle, as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles.
AUTOMOBILE RENTAL - See "Passenger Car Rental."
AUTOMOTIVE SERVICE STATION - The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels.
AWNING - A structure made of cloth or metal with a metal frame attached to a building, when the same is so erected as to permit its being raised to a position flat against the building
when not in use.
BALLOON - A container made of non-rigid material filled with air or gas and designed to be tethered.
BANNER - A sign having the characters, letters, illustrations or ornamentations applied to cloth, paper, film or fabric of any kind, with only such materials for a backing.
BAR OR COCKTAIL LOUNGE - An establishment devoted primarily to the serving of beer, wine, or liquor, or any combination thereof, for on site consumption. The service of food shall be
incidental to the service of alcoholic beverages.
BICYCLE PATH - Any road, path or way that is open to bicycle travel, which road, path or way is physically separated from motorized vehicular traffic by an open space or by a barrier
and is located either within the highway right-of-way or within an independent right-of-way.
BILLBOARD - Signs or framework installed for the purpose of advertising or communicating either commercial or noncommercial messages that refer to something other than the name, primary
character and/or purpose of the establishment or business on the premises where the sign is located.
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BILLIARD HALL - A commercial establishment containing more than two (2) pool or billiard tables for the use of patrons.
BLOCK - A parcel of land surrounded by streets, waterways, railroad rights-of-way, parks or other public space.
BOARDING AND ROOMING HOUSE - A building other than hotel or motel providing lodging and where meals are or are not served for compensation.
BOATEL - Yachtel.
BOWLING ALLEY - A commercial establishment that devotes more than fifty percent (50%) of its gross floor area to bowling lanes, equipment and ancillary public areas.
BRIDGE - A structure, including supports, erected over a depression or an obstruction, such as water or a highway or railway, and having a track or passage-way for carrying traffic as
defined in chapter 316 or other moving loads.
BUFFER WALL - A stuccoed and painted masonry wall or an engineered pre-cast concrete wall used to
physically separate or screen one use or property from another so as to visually shield or block noise, lights or other nuisances. Finish on both sides of wall must be approved by the
Director of Planning and Zoning.
BUILDING - All construction built for the support, enclosure, shelter or protection of chattels, persons, animals or the like. The word “building” shall include the word “structure”
and anything constructed or erected which requires permanent location on the ground or anything attached to such a building or structure. A building or structure shall include, but
not be limited to, all construction specified in Chapter 2 of the City's Land Development Regulations.
BUILDING AREA - The portion of a lot remaining after the required setbacks have been provided. Buildings may be placed in any part of the building area, but limitations on the percentage
of the lot which may be covered by buildings may require open space within the building area.
BUILDING FACADE - That portion of the exterior elevations of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevations.
BUILDING FRONTAGE - The main entrance side of a building or bay.
BUILDING OFFICIAL - The official in charge of the Building Division or his authorized representative.
BUILDING, PRINCIPAL - A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING SETBACK LINE - A line delineating the minimum allowable distance between the property line and the building.
BUILDING SITE - A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use,
and the customary accessories and open spaces belonging to the same.
BUILDING/STRUCTURE HEIGHT - The vertical distance in feet measured from the lowest point at the property line of an adjacent property or from the minimum base flood elevation as established
by FEMA, whichever is highest, to the highest point of the roof for flat roofs, to the deck line for mansard roofs and parapet roofs with parapets less than five (5) feet in height.
Gable and hip roof heights shall be measured to the midpoint between the eaves and the ridge. Rooftop penthouses, stairwells mechanical and electrical equipment shall be concealed by
or constructed of exterior architectural materials or features of the same type or quality used on the exterior walls of the main building and may only exceed the maximum building height
pursuant to the provisions of Chapter 2, Section 4.F. of the Land Development Regulations, City of Boynton Beach Florida. Walls or retaining walls shall also be measured from the lowest
adjacent property line to
the to of the structure excluding column caps column capitals and other similar architectural items.
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BULK STORAGE, SALE, OR DISTRIBUTION - The receiving, transfer or storage of unpackaged goods or materials at a premises, or the subsequent sale or transfer of such goods or materials
from the premises in a packaged or unpackaged form. Also, the storage, receiving or transfer of goods, commodities or materials in units which are larger than the units which are typically
distributed or sold from the premises. Where bulk storage is not permitted, all goods, commodities or materials shall be pre-packaged when received at the premises and shall be stored,
sold and distributed in the same form, quantity and units as when received at the premises.
BUS BENCH SIGN - A bench or seat with graphics, symbols and/or copy affixed against any surface.
BUS SHELTER SIGN - Graphics, symbols and/or copy affixed to any surface of a public transit shelter.
BUSINESS OFFICE - Any commercial activity primarily conducted in an office, not involving the sale of goods or commodities available in an office and not dispensing personal services,
and including such businesses as real estate brokers, insurance offices, accountants, credit reporting agencies, telephone answering services or any similar uses.
BUSINESS TAX RECEIPT - A license to operate a business, profession, occupation or other operation within the city limits, which is issued in accordance with Chapter 13 of the City of
Boynton Beach Code of Ordinances.
CANOPY - A structure, other than an awning, made of cloth or metal with metal frames attached to a building, and carried by a frame supported by the ground, sidewalk or building.
CAPITAL IMPROVEMENTS ELEMENT OR
CIE - The capital improvements element of the comprehensive plan of the city.
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CAR WASH (AUTOMATIC OR SELF-
SERVICE) - A building or area which provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower or other mechanical devices,
and which may employ some hand labor.
CARPORT - A roofed area open on one (1), two (2) or three (3) sides and attached to the main building, for the storage of one (1) or more vehicles.
CENTERLINE - A line midway between the right-of-way lines or the surveyed and prescribed centerline established by the city engineer, which may or may not be the line midway between
the existing or proposed right-of-way lines.
CERTIFICATE OF OCCUPANCY - A statement signed by the city development director setting forth that a building or structure legally complies with the City of Boynton Beach Building and
Zoning Codes and that the same may be used for the purposes stated therein.
CERTIFICATION OF CONCURRENCY - Shall constitute proof that public facilities are or will be available, consistent with the adopted levels of service and the conditions set forth in Chapter
1.5, and shall specify the public facilities which are to be constructed, timing of construction and responsibility for construction. Certification of concurrency shall reserve capacity
in the public facilities which are available, until the certification of concurrency expires.
CERTIFIED DOCUMENTS - Drawings, estimates, warranties, etc. certified by a Florida registered architect, engineer and/or land surveyor guaranteeing that the documents are true, accurate
and in compliance with all applicable laws, rules and regulations.
CHANGEABLE COPY SIGN - A sign of permanent character, but with removable letters, words or numerals, indicating the names or persons associated with, or events conducted upon, the premises
upon
which a sign is erected. This sign may be erected as a part of a freestanding sign.
CHILD - An unmarried person under the age of eighteen (18) years.
CITY - The City of Boynton Beach, Florida.
CITY ENGINEER - A Florida registered engineer in charge of the Boynton Beach Engineering Division.
CITY STANDARDS - Standards adopted by resolution by the City of Boynton Beach.
CITY STREET SYSTEM - The city street system of each municipality consists of all local roads within that municipality, and all collector roads inside that municipality, which are not
in the county road system.
CLINIC - An establishment where patients, who are not lodged overnight except for observation or emergency treatment, are admitted for examination and treatment by one (1) person or
group of persons practicing any form of healing or health building services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths,
optometrists, dentists, veterinarians or any such profession, the practice of which is lawful in the State of Florida.
CLUB - Buildings and facilities owned and operated by a corporation or association of persons for social or recreational purposes but not operated primarily for a profit or to render
a service which is customarily carried on as a business.
COLLECTOR ROAD OR STREET - A route providing service which is of relatively moderate average traffic volume, moderately average trip length and moderately average operating speed. Such
a route also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs. A street shown or
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described as a collector according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended, is a collector
street.
COMBUSTIBLE SIGN - Any sign or sign structure which will ignite or support flames and which has a low flame point. Prime examples of combustible signs would be wood, non-U.L. approved
plastics, cloths, etc.
COMMERCIAL TRUCK - A truck defined as such by the rules of the Florida Department of Highway Safety and Motor Vehicles.
COMMERCIAL ZONING DISTRICT - All C-1, C-2, C-3, C-4 and PCD zoning districts.
COMMISSION - The City Commission of the City of Boynton Beach, Florida.
COMPLETELY ENCLOSED - A building separated on all sides from the adjacent open area, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls,
pierced only by windows or entrances or exit doors normally provided for the accommodation of persons, goods or vehicles.
COMPREHENSIVE PLAN - The Comprehensive Plan of the City of Boynton Beach as adopted and amended and required by F.S. 163.
CONCEPTUAL FEEDBACK - General reaction to a thought or idea with the clear understanding that further development of the thought or idea will be considered only when it is in conformance
with all codes, ordinances, rules and regulations. Conceptual feedback neither provides nor implies either present or future waivers, variances, exceptions or exemptions from any codes,
ordinances, rules and/or regulations.
CONCURRENCY - The requirement that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur.
CONDITIONAL CERTIFICATION OF CONCURRENCY - Shall mean that there is reasonable likelihood that the necessary public facilities would be provided by the developer, a governmental agency,
or by other developers, but that the conditions set forth herein cannot be met. The conditional certification of concurrency shall specify the public facilities which are to be constructed,
timing of construction and responsibility for construction. A conditional certification of concurrency shall reserve capacity in the public facilities which specified as such, until
the conditional certification of concurrency expires.
CONDITIONAL USE - A use that would not be appropriate generally, or without restriction, throughout a zoning classification or district. Such uses however, if controlled as to area,
location, number or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity and safety of the city.
Such uses may be allowed in a zoning classification or district as a conditional use if specific provision for such a conditional use is made in these zoning regulations.
CONDOMINIUM - See “Property Owners Association.”
CONSTRUCTION PLANS - Certified documents from which a complete review and analysis can be made of all required improvements without research and/or additional data.
CONTIGUOUS LANDS - Lands that abut each other or are separated only by streets, ways, easements, pipelines, powerlines, conduits or rights-of-way under ownership of the petitioner, a
governmental agency, a subdivision or a public or private utility.
CONVENIENCE STORE - Place of business that is engaged in the retail sale of groceries, including the sale of prepared foods, and gasoline and services. The term “convenience store”
does not include a store which is solely or primarily a restaurant.
CONVENTIONAL ZONING DISTRICT - All zoning districts which are not planned zoning districts.
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CORNER - See “Lot.”
COSMETOLOGY AND BARBER SCHOOLS - An establishment primarily engaged in offering training in barbering, hair styling, or the cosmetic arts, such as makeup or skin care. These schools
provide job-specific certification.
COST ESTIMATE - A certified estimate of the cost of surveying, testing, all required improvements, supervision, profit and overhead.
COUNTY - The words “the county” or “this county” shall mean the county of Palm Beach.
COUNTY ROAD SYSTEM - The county road system of each county consists of all collector roads in the unincorporated areas and all extensions of such collector roads into and through any
incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System.
COVERED WALKWAY AND ARCADE SIGN - A sign which is perpendicular to the building face and is suspended from, attached to, supported from or forms part of, a covered walkway and is rigid.
CROSSWALK - That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs
or, in the absence of curbs, from the edges of the traversable roadway. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines
or other markings on the surface.
CUL-DE-SAC - A circular turnaround on a local street with only one outlet.
CURRENT STANDARDS - Documents, drawings, specifications, details, laws, rules, regulations, ordinances and the like in effect on the date an application or amended application, whichever
is later, is presented for consideration.
CUSTOMARY PLAQUE - A sign identifying the address, operator's name or activity taking place within the facility, not to exceed two (2) square feet in area.
dBA - The total sound level of all noise as measured with a sound level using A-weighting network. The unit is decibel based on a reference sound pressure of .0002 microbars.
DEAD END STREET - A street with only one outlet.
DEMOLITION - Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
DENSITY - An existing or projected relationship between numbers of dwelling units and land area.
DEPARTMENT OF TRANSPORTATION STATE STANDARDS - The most recent edition of all state standards and specifications.
DEPARTMENT STORE - A retail establishment offering a wide variety of merchandise, and organized into departments, according to the type of merchandise sold.
DEVELOPER - Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this ordinance. The term “developer”
includes the term “subdivider”.
DEVELOPER'S ENGINEER - A professional engineer, registered in Florida, engaged by the developer.
DEVELOPMENT - Shall have the meaning given it in Section 380.04, Florida Statutes, pursuant to a development order or permit.
DEVELOPMENT AGREEMENT - An agreement entered into between a local government and a person in connection with the approval of a development order or permit including, but not limited
to, a development agreement pursuant to Section 163.3220,
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Florida Statutes, or an agreement on a development order issued pursuant to Section 380.01 et seq., Florida Statutes.
DEVELOPMENT ORDER - Any order granting, denying, or granting with conditions an application for a development permit. A development order becomes effective upon approval by the City
Commission and issuance, in writing, by the city attorney.
DEVELOPMENT PERMIT - Any permit for required improvements, building(s), zoning, rezoning, plat approval, certification, variance, or other action having the effect of permitting commencement
of development as defined in Florida Statutes, Section 380.04, or any other official action or types of action by the city which, in the judgement of the city manager, would permit the
use or development of land similar to any of the listed actions.
DIRECTIONAL SIGNS - (1) On-premises, incidental signs designed to guide or direct pedestrians or vehicular traffic. (2) Signs erected or permitted by the city, Palm Beach County, State
of Florida or the United States Government or agency thereof, for the direction or safety of the public. (3) A sign, notice or symbol as to the time and place of regular civic meetings
and religious services.
DIRECTORY SIGN - A freestanding or flat sign listing only the name and/or use or location of more than one (1) business, activity or profession conducted within a building, group of
buildings or commercial center.
DISTRICT (ZONING) - Any certain described area of the City of Boynton Beach to which these regulations apply and within which the zoning regulations are uniform.
DOUBLE FACED SIGN - A sign with two (2) faces which are back to back with no more than a forty-five (45) degree angle between the faces.
DRIVE-IN RESTAURANT - A restaurant which includes facilities to serve food and beverage to patrons for consumption by patrons in automobiles on the premises.
DRIVE-THRU RESTAURANT - A restaurant which includes facilities to serve food and beverages to patrons who are in their automobiles with the intention of driving away from the property
and consuming their food and beverage elsewhere.
DRIVEWAY - The paved area between a public street and private property intended to provide ingress and egress for vehicular traffic from the public street or thoroughfare to a definite
area of private property, or which connects parking aisles or provides access to parking aisles.
DWELLING UNIT - A house, apartment, building or any part thereof used primarily for human habitation and shall include bath and culinary accommodations. 1. Single-family dwelling:
A building containing only one (1) single-family dwelling unit. 2. Multiple-family dwelling: A building containing two (2) or more dwelling units.
EASEMENT - An interest in land granted for limited use purpose, but which does not convey title to real property.
ELECTRICAL SIGN - A sign or sign structure in which integral electric wiring, connections and/or fixtures are used and connected to an electric source and meeting the requirements of
the National Electrical Code.
ELEVATED BUILDING - Building without a basement in which the lowest floor is elevated above the ground.
ENGINEER, REGISTERED - A professional engineer registered by the State of Florida and trained in the field of engineering.
ENLARGEMENT OR TO ENLARGE - An enlargement is an addition to the floor area of an existing building, an increase in the size of any structure, or an increase in that portion of a tract
of land occupied by an existing use. To enlarge is to make an enlargement.
ERECT (SIGNS) - To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs.
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EXCAVATION OR EXCAVATING - The removal of materials from either above or below the water table and/or the grading, mixing or spreading of materials.
EXEMPTION DETERMINATION - A written certification by the Planning Director that a development order or permit is exempt with respect to meeting the concurrency requirements for a particular
public facility.
EXPRESSWAY - A street shown or described as such according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted
and amended.
EXTERIOR DISPLAY - Display of merchandise, as an accessory use in a lawful principal use, outside of the walls of the building or within any area which is not fully enclosed by building
walls, in such a manner so as to allow for viewing or inspection of merchandise by customers.
EXTERIOR STORAGE - The keeping of merchandise, materials, equipment or supplies, and the like, outside of the walls of a building or within any area which is not fully enclosed by building
walls, which is generally not for the purpose of allowing inspection or viewing by customers.
FABRICATION - The assembly or forming of goods using finished or semifinished materials, as opposed to the manufacture of primary materials.
FACING OR SURFACE - Shall mean the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.
FAMILY - One (1) or more persons occupying a single housekeeping unit and using common cooking facilities, provided all such persons shall be related by blood, marriage or adoption,
except that not more than one (1) person who is not related as such shall also be permitted to reside in the same unit. Families who provide care in their own home as duly state licensed
foster family homes, in which dependent children have been duly placed by State of Florida, and which and which include not more than five (5)
children (both natural and foster) in the household, are expressly included within this term.
FAMILY DAY CARE - A residence providing day care services for a number of children which is limited in accordance with Florida law, and which shall be construed to be an accessory use
to any dwelling unit located in a residential or PU district, or in any commercial zoning district, excluding C-4 district.
FESTOONS - Strings of ribbons, lights, tinsel, small flags, discs, spinners, pinwheels or any device propelled by natural forces used for the purpose of attracting attention.
FILL OR FILLING - Placing material removed from another area on and/or off site.
FIXED PROJECTION SIGN - A sign, other than a flat sign, which extends outward for more than eighteen (18) inches from the facade of any building and is rigidly affixed thereto.
FLAG - A piece of cloth used as the national, state, municipal, civic or church symbol, registered corporate logo, or internationally recognized symbol, properly displayed in accordance
with published federal, state, municipal, civic or church adopted guidelines and displayed on a designated pole located in a proper holder or in other ways approved by an appropriate
national, state, municipal, civic or church agency. The maximum allowed is two (2) different flags per pole and only one (1) pole per lot or bay frontage.
FLASHING SIGN - A sign, either fixed or portable, which uses or contains intermittent or a sequential flashing light source with the exception of a time or temperature sign or Dow Jones
average sign which is part of a permitted commercial sign.
FLAT SIGN - A sign erected parallel to, and extending not more than eighteen (18) inches from, the facade of any building to which it is attached and supported throughout its entire
length by the facade of the building and not extending above or beyond the building.
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FLOOR AREA, MINIMUM - The area of the floor or floors measured from the centerline of the exterior walls to the centerline of dividing walls. The area for garages, roofed-over screened
porches and utility rooms shall be credited for fifty (50) percent of floor area. Open porches and carports shall be credited with twenty-five (25) percent of floor area. Accessory
buildings shall not count as floor area if not accessible from the interior of the building. Not more than ten (10) percent of any minimum floor area shall be credited to screened-in
porches or breezeways.
FOSTER CHILD - A child in foster care who has been placed in a foster home by the State of Florida.
FOSTER HOME OR FOSTER CARE, FOR CHILDREN - A family foster home as defined by Section 409.175, Florida Statutes, and which conforms to the definition of “family.”
FREESTANDING SIGN - A monument or ground-mounted sign identifying the use of the property upon which it is located. Ground-mounted signs may be supported by one or more poles, provided
that the bottom of the sign or cabinet is no more than two (2) feet above grade and that the poles and complete length of the sign or cabinet are clad in the same or like material, completely
to the ground. Alternatives to the cladding requirement may be considered if the design of the sign conforms to the architectural design of the building(s).
FRONTAGE STREET - See “Marginal Access Street.”
FUNCTIONAL CLASSIFICATION - The assignment of roads into systems according to the character of service they provide in relation to the total road network. Basic functional categories
include arterial roads, collector roads and local roads which may be subdivided into principal, major or minor levels. Those levels may be additionally divided into rural and urban
categories.
FURNITURE MANUFACTURING - Manufacturing of furniture, cabinets, wooden vanities, household goods and ornaments from wood; also, furniture repair, refinishing and re-upholstering.
GARAGE, PUBLIC PARKING - A building or other structure which provides parking or storage for motor vehicles.
GASOLINE DISPENSING ESTABLISHMENTS - Commercial enterprise, including automotive service stations and convenience stores, which engage in the sale or other motor fuels to the public.
GENERAL DEVELOPMENT PLAN - The official public document adopted by the City of Boynton Beach as a policy guide to present and future land use decisions.
GOVERNMENT - Any direct agency of any federal, state, county or city government including schools and the U.S. Postal Service.
GOVERNMENT SIGN - Any temporary or permanent sign erected and maintained by the city, county, state or federal government or any of their legal entities.
GRADE, FINISHED - The average level of the finished surface of the ground adjacent to the exterior walls of the structure.
GRADE SEPARATED INTERSECTIONS - Use of the term grade separated intersections shall mean any intersection wherein one road passes over another road by means of a bridge or an overpass.
GROSS FLOOR AREA - The total floor area of a building or a use occupying part of a building, measured from centerlines of partitions and exterior of outside walls. Gross floor area
shall include all floor area occupied by the main or principal use, plus any floor area occupied by accessory uses such as storage rooms, maintenance and mechanical rooms, offices, lounges,
restrooms, lobbies, basements, mezzanines and hallways.
GROUND SIGN - Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.
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GROUNDWATER - Water occurring beneath the surface of the ground, whether or not flowing through known or definite channels.
GYMNASIUM - An establishment designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities and operated either
for profit or not-for-profit.
HAZARDOUS MATERIAL - Any substance or material which has been determined by the secretary of the United States Department of Transportation to be capable of imposing an unreasonable
risk to health, safety and property. This term includes hazardous waste as defined in s. 403.703(21).
HEALTH CLUB - See “Gymnasium.”
HEIGHT (SIGN) - The vertical dimension measured from the highest point of the sign to the mean surface grade surrounding the bottom of the sign.
HOME OCCUPATION - Any occupation in connection with which there is kept no stock in trade nor commodity sold upon the premises, no person employed other than a member of the immediate
family residing upon the premises, and no mechanical equipment used except such as is permissible for purely domestic or household purposes.
HOTEL - Any building containing principally sleeping rooms in which transient guests are lodged with or without meals, with no provision made for cooking in any individual room or
suite and having or not having one (1) or more dining rooms, restaurants or cafes as accessory uses. Such building would structurally and for purposes of safety be obliged to conform
to the laws of the hotel and restaurant commission (Division of Hotels and Restaurants of the Department of Business Regulation).
HOTEL APARTMENT - Any hotel building containing a mixture of sleeping rooms and apartment suites for transient guests only, and which shall not serve as the primary or permanent residence
of the occupants. Buildings designed as hotel apartments
shall have not more than one-third of the total units devoted to apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Hotel apartment suites shall have
a minimum gross floor area of five hundred (500) square feet.
HOUSE EAVES - a nonstructural portion of any building or structure extending beyond the vertical plane of the foundation.
HOUSE TRAILER - (a) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is
equipped for use as a conveyance on streets and highways, (b) or a trailer or semitrailer the chassis and exterior shell of which is designed and constructed for use as a house trailer,
as defined in paragraph (a), but which is used instead, permanently or temporarily, for the advertising, sales, display or promotion of merchandise or services or for any other commercial
purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.
HOUSEHOLD - all persons who occupy a dwelling unit. A person living alone or any group of persons sharing a dwelling unit is a household.
IDENTIFICATION SIGN - A non-illuminated sign affixed to the rear of a building bearing the business name and/or address of the occupant, with an area not exceeding three (3) square feet.
ILLUMINATED SIGN - Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper.
IMPACT FEE - A land development regulatory fee charged to new development which creates a need for capital improvements.
INCOMBUSTIBLE MATERIAL - Any material which will not ignite at or below a temperature of one thousand two hundred (1,200) degrees Fahrenheit and will not continue to burn or glow at
that temperature.
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INSPECTOR - A city employee working as an inspector under the authority and direction of either the director of development, the director of public works, the director of utilities,
the city engineer, or their designees.
INTERIM SERVICES FEE - User charge applicable to structures certified for occupancy by the city development department but not appearing on the Palm Beach County tax rolls as an improvement
to real property.
INTERSECTION - See F.S. 316.003.
INUNDATION - Moving, standing or ponded water which is a nuisance, hazard or health problem.
JUNKYARD - An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed or disassembled, including, but not limited to, scrap iron and other
metals and waste materials. A junkyard includes an automobile wrecking yard and secondhand automotive parts yard.
LAND DEVELOPMENT PERMIT - A permit issued by the City Engineer prior to commencement of construction of required improvements after final record plat approval by the City.
LAUNDRY AND DRY CLEANING, SELF-SERVICE - A business that provides home-type washing, drying, dry cleaning and/or ironing machines for hire, to be used by customers on the premises.
LEGAL ACCESS - A dedicated and recorded right-of-way, or easement, excluding utility or drainage easements, affording perpetual ingress and egress from a subject property to a public
thoroughfare.
LEVEL OF SERVICE - The extent or degree of service provided by or proposed to be provided by a public facility, based on and related to the operational characteristics of the public
facility.
LIMITED ACCESS - A highway or freeway which does not permit access except at authorized and controlled points. The acquisition of right-of-way for
such highways or freeways usually includes the acquisition of access rights thereto. Access may also be limited through methods other than acquisition of access rights.
LIMITED ACCESS EASEMENT - A strip of land which does not permit access except at authorized and controlled points.
LOADING SPACE - Accommodations off the street for loading onto and unloading from trucks, in the form of one (1) or more truck berths located either within a building or in an open area
on the same lot.
LOCAL STREET - A street shown or described as such according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted
and amended.
LOGO - A symbol of a company or business.
LOT - Is either: l. A lot of record as part of a land subdivision, recorded in the office of the clerk of the circuit court of Palm Beach County, and existing on the effective date
of these regulations, or any applicable subsequent amendment thereto, or 2. A tract of land under a unity of title document or a tract of land, either unsubdivided or consisting of
abutting lots of record which on the effective date of these regulations or any applicable subsequent amendment thereto, was in one ownership, or 3. A tract of land, which at the time
of filing for a building permit is designated by its owner or developer as a tract all of which is to be used, developed or built upon as a unit under one ownership.
LOT AREA - The total area included within lot lines.
LOT, CORNER - Either a lot bounded entirely by streets or a lot which adjoins the point of intersection of two (2) or more streets.
LOT COVERAGE - That portion of the area of a lot, expressed as a percentage, occupied by all buildings or structures which are roofed or otherwise covered and that extend more than three
(3) feet above the surface ground level.
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LOT DEPTH - The length of a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line of the lot.
LOT FRONTAGE - The property line adjacent to a public or private street; it is also the front property line.
LOT INTERIOR - Any lot that is neither a corner lot nor a through lot.
LOT, THROUGH (DOUBLE FRONTAGE) - Any lot, not a corner lot, having both the front and rear property lines adjacent to a public street.
LOT, WIDTH - The distance between the side lot lines measured at right angles to the lot depth at a point between the front and rear property lines.
LUMBER STORES, BUILDING MATERIALS STORES, AND LUMBER YARDS - Sale of lumber and other building materials, including cutting of finished lumber products to length or size for sale on
premises.
MAJOR DRIVEWAY - A main ingress or egress to a public street from the site of any development generating more than 1,000 vehicular trips per 24 hour day or more than 250 trips in any
single hour including, but not limited to, a shopping center, multiple-family development, industrial park, hospital or any other use.
MAJOR REPAIRS - They shall include complete engine overhaul and/or replacement of internal parts of engines. Also included is repair of any portion of the drive mechanism, body and
fender work, painting and customizing.
MAJOR THOROUGHFARES - A main traffic artery connecting two (2) or more municipalities.
MALL - A single building, enclosing a number of tenants and occupancies wherein two (2) or more tenants have an entrance into an enclosed, roofed over area designed as a pedestrian public
way.
MARINA - A facility designed to provide a variety of accommodations and services for local or transient boaters, such as fueling, dockage, retail sales of marine supplies, equipment,
boats, motors and trailers, wet or dry storage, hauling, making minor repairs or alterations; the latter while in wet or dry storage. Where possible, all repairs, especially major repairs,
will be accomplished within an enclosed or three-quarter enclosed building.
MASTER PLAN - A drawing which shows the intended division of and improvements on real property.
MASTER STORM WATER MANAGEMENT PLAN - Documents outlining proposed primary and secondary drainage and storm water treatment facilities.
MATERIAL (FILL) - Sand, clay, rock, muck, gravel, loam or like materials existing or hauled to the site.
MILLWORK - Manufacturing of lumber and wood patterns, stock and workings, including, but not limited to, manufacturing of wooden flooring, shingles, doors, windows, frames, trusses,
stairs and other fabricated structures; veneer, plywood and railings, wood pallets and containers, wood buildings and turned or shaped wood products.
MINING - Removal of materials from a site in quantities exceeding what is physically necessary to develop the site. Mining is prohibited in the City of Boynton Beach.
MINOR REPAIRS - They shall include engine tune-up, carburetor repairs, wheel-balancing and replace-ment and/or repair of external parts of engines.
MOBILE HOME - A manufactured detached, transportable, single family dwelling unit designed for long term occupancy and arriving at the site where it is to be occupied as a complete dwelling
unit, containing all conveniences and facilities, with plumbing and electrical connections provided for
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attachment to approved utility systems. To retain mobility, undercarriage and axles must remain attached to the unit.
MOBILE HOME SUBDIVISION (PARK) - A subdivision of land for the sale of mobile home lots.
MONUMENT SIGN - A freestanding sign situated directly on the ground or mounted completely along the bottom of the sign cabinet to a low-profile base or pedestal.
MOTEL - A building or group of buildings which contains sleeping accommodations for transient occupancy, and has individual entrances to serve such sleeping units. No provisions shall
be made for cooking in any individual room. Motels may have one or more dining rooms, restaurants or lounges as accessory uses.
MOTEL APARTMENT - Any motel building containing a mixture of sleeping rooms and apartment suites for transient guests only, and which shall not serve as the primary or permanent residence
of the occupants. Buildings designed as motel apartments shall have not more than one-third of the total units devoted to apartment suites. Dining rooms and lounges shall be permitted
as accessory uses. Motel apartment suites shall have a minimum gross floor area of five hundred (500) square feet.
MULTIFAMILY DWELLING - A building or other shelter that has been divided into separate units to house more than one (1) family.
NIGHTCLUB - A restaurant, bar, lounge or similar establishment serving alcoholic beverages, that features dancing, theatrical, cabaret, or similar entertainment and/or electronically
amplified music.
NURSERY SCHOOL AND/ OR PRESCHOOL FACILITIES - A supervised training and/or socializing center for children.
NURSING HOME OR CONVALESCENT HOME - A residential facility which is included under the definition of “nursing home facility”, “facility”, or
“related health care facility home” as set forth in F.S. Chapter 400, Part I, except that this definition shall apply to facilities of any capacity.
OFF-PREMISES SIGN - A sign advertising an establishment, merchandise, service or entertainment, which is sold, produced, manufactured and/or furnished, at a place other than the property
on which said sign is located.
OFF-PREMISES STORAGE - Storage which is not located on the same parcel as the principal use to which such storage is an accessory use.
ON-PREMISES - At the place of business of a particular use, including the entire lot or parcel and any structure thereon, as opposed to on the customer's premises.
ON-PREMISES SIGN - A sign or sign device, indicating the business transacted, services rendered, goods sold or produced on the premises, including the name of the business, person, firm
or corporation occupying the premises. Such sign shall be located where the use, for which the sign is identifying or advertising, is located.
OPEN SPACE - A required exterior open area clear from the ground to the sky devoid of residential and commercial buildings, and accessory structures.
OUTFALL - A pipe which discharges treated stormwater into waterways.
OWNER - That person or legal entity reflected on the public records of Palm Beach County as the owner of real property upon which a structure has been completed.
PAINTED WALL SIGN - A sign painted on any exterior surface of the building or structure, including the roof.
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PARAPET - A false front and/or wall extension above the roof line.
PARAPET SIGN - A sign placed completely on the face of the parapet.
PARK - A park, reservation, playground, beach, recreation, center or any other area in the city, owned, or used by the city, and devoted to active or passive recreation.
PARKING LOT - Any outdoor or partially enclosed or enclosed space, plot, yard or any portion thereof, which is utilized for the parking or storage of vehicles, upon which two (2) or
more parking stalls are constructed. (Parking facilities designed for detached single-family homes or duplex units with a maximum of four parking stalls are exempted from this definition.)
PARKING SPACE - A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street or alley and
permitting ingress and egress of an automobile.
PARKING STALL - A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile with a minimum width of nine (9) feet and a minimum length of eighteen (18) feet.
PASSENGER CAR RENTAL - Establishments primarily engaged in renting passenger new or old automobiles without drivers on a short-term basis. This term excludes those establishments engaged
in passenger car retail leasing and taxi and limousine services.
PAWN SHOP - A shop where money is lent in exchange for personal property left as security.
PEAK SEASON POPULATION - The year-round population of the city, Palm Beach County, the development project, or other portion of the city or county, as the context may require, using
the methodology set forth in the comprehensive plan support documents.
PERIMETER - The entire outer boundary of the sign, not including the supporting structural members.
PERSON - Any natural person, firm, copartnership, association or corporation.
PLACES OF ASSEMBLY - Buildings and facilities on a lot or parcel of land specifically designed for assembly, which may include churches, temples, and other places of worship; theatres,
auditoriums, conference centers, clubs, lodges, and fraternal organizations.
PLANNED COMMERCIAL DEVELOPMENT - Land under unified control, planned and developed as a whole in a single development operation or a programmed series of development operations for commercial
buildings and related uses and facilities;
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provides for a commercial district of efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining
or surrounding areas and developments; is developed according to comprehensive and detailed plans for streets, utilities, lots, building sites, etc., and site plans, floor plans and
elevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans for other uses and improvements on the land related to the buildings;
and includes a program for full provision, maintenance and operation of such areas, improvements, facilities and services for common use by the occupants of the planned commercial development.
PLANNED INDUSTRIAL DEVELOPMENT - Land under unified control, planned and developed as a whole in a single development operation or an approved programmed series of development operations
for industrial buildings and related uses and facilities; provides for an industrial district of efficient and harmonious design so arranged as to create an attractive project readily
integrated with and having no adverse effect on adjoining or surrounding areas and developments; is developed according to comprehensive and detailed plans for streets, utilities, lots,
building sites, etc. and site plans, floor plans and elevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans for other uses
and improvements on the land related to the buildings; and includes a program for full provision, maintenance and operation of such areas, improvements, facilities and services for common
use by the occupants of the PID, but will not be provided, operated or maintained at public expense.
PLANNED UNIT DEVELOPMENT - Land under unified control, planned and developed as a whole in a single development operation or an approved programmed series of development operations for
dwelling units and related uses and facilities; includes principal and accessory uses and structures substantially related to the character of the development itself and the surrounding
area of which it is a part; is developed according to comprehensive and detailed plans which include streets, utilities, lots, building sites and the like and site plans, floor plans
and elevations for all buildings except for single family homes intended to be located, constructed, used and related to one another, and detailed plans for other uses and improvements
on the land related to the buildings; includes a program for full provision, maintenance and operation of such areas, improvements, facilities and unit development, but will not be
provided, operated or maintained at public expense.
PLANNED ZONING DISTRICT - A zoning district in which the zoning of the property to same is accompanied by and conditioned upon an approved master plan for the use and/or development
of the property.
PLAT - A map depicting the division or subdivision of land into lots, blocks, parcels, tracts or other portions in accordance with Chapter 177, Florida Statutes, as amended.
PLAT, FINAL - A finished map of a subdivision accurately showing all legal requirements of Chapter 177 F.S. and the requirements of this ordinance.
PLAT OF RECORD - A recorded final plat.
PLUMBING - Includes all of the following supplied facilities and equipment: Gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks, installed
dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections
to water, sewer or gas lines.
POLITICAL SIGN - A sign erected by a political candidate, group or agent thereof, for political purposes.
PREMISES - A parcel of land comprised of one (1) or more lots for which a site plan has been approved, if required, by the appropriate governmental body. If site plan approval is not
required, the word “premises,” for the purpose of these regulations, shall mean a parcel of land, with its appurtenances and buildings, comprised of one (1) or more lots having unity
of use.
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PRESERVATION - The perpetual maintenance of areas in their original state.
PRIVATE COMMUNITY ANTENNA SYSTEM - A system of equipment designed to receive and distribute television and radio signals serving a minimum of ten (10) residential units in a condominium
or nonprofit homeowners' association.
PROPERTY OWNERS' ASSOCIATION - An organization operated under recorded maintenance and ownership agreements made up of every owner of a portion of a subdivision. Each owner is automatically
a voting member and subject to a prorated share of the common property maintenance costs. A property owners' association, as used in this ordinance, is synonymous with homeowners' association
and/or condominium association as defined in Chapter 711, Florida Statutes, 1971, as amended.
PUBLIC FACILITIES - Capital facilities for water, sewer, drainage, solid waste, parks, recreation and roads, for which levels of service have been established in the comprehensive plan.
PUBLIC RIGHT-OF-WAY - The land which is dedicated for pedestrian or automotive traffic or which is dedicated for access to utilities and is, or is intended to be, permanently open for
these uses.
PUBLIC UTILITY - Every person, corporation, partnership or association or other legal entity, their lessees, trustees or receivers now or hereafter, either owning, operating, managing
or controlling a system or proposing construction of a system that is providing or proposes to provide water or sewer service, electricity, natural or manufactured gas, or any similar
gaseous substance, telephone, telegraph or cable TV service to the public for compensation.
PYLON SIGN - A sign that is mounted on a freestanding pole(s) or other freestanding support so that the bottom edge of the sign face is six feet or more above grade.
READER BOARD SIGN - See "Changeable Copy Sign."
REAL ESTATE SIGN - Any sign erected by an owner, or his agent, advertising the real property upon which the sign is located as for rent or sale. Such sign shall not include rooming
house signs.
REAL PROPERTY - The portion of the land or buildings contained in a legal description setting forth the boundaries of such property and legally acknowledged under the laws of the State
of Florida and Palm Beach County.
RECLAMATION - The filling, backfilling, restructuring, reshaping and/or revegetation within and around a land excavation or filling area to a safe and aesthetic condition.
RECREATION VEHICLE - A travel trailer, camp trailer, chassis mount camper or motor home, as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles.
RECREATIONAL FACILITY - Any building or structure designated for recreational purposes such as games, sports, etc. and including adjacent property included for such use.
RESIDENT POPULATION - The year-round population of the city, Palm Beach County, the development project, or other portion of the city or county, as the context may require, using the
methodology set forth in the comprehensive plan support documents.
RESIDENTIAL ZONING DISTRICT - All R-1AAA, R-1AAB, R-1AA, R-1A, R-1, R-2 and R-3 zoning districts, and those planned unit developments where the predominant land use on the approved master
plan is residential.
RESTAURANT - An establishment with an on site commercial kitchen where food and drink are prepared and served, and are consumed primarily at tables on site. A restaurant may serve alcoholic
beverages as a secondary activity.
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RETAIL - The sale of goods only to household consumers, or office or professional equipment and supplies, for use in offices or any other sale in the form of personal property.
REZONING - The legal process by which changes are made to the boundary or boundaries of a zoning district(s) or where a new boundary or boundaries are established for a zoning district(s).
This process is known herein as a district boundary change.
RIGHT-OF-WAY - A strip of land dedicated or deeded in perpetuity to the public or a property owners association.
ROADWAY - That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate
roadways, the term “roadway” as used herein refers to any such roadway separately, but not to all such roadways collectively.
ROOF SIGN - A sign erected upon or above a roof of a building, or above or partially above a parapet of a building.
RUNOFF - Precipitation discharge into waterways. The water that flows off the surface of the land without sinking into the soil is called surface runoff. Water that enters the soil
before reaching waterways is called groundwater runoff or seepage flow from groundwater.
SAFETY SIGN/WARNING SIGN - A D.O.T. approved sign erected to identify a special safety or warning message relating to that particular location or area.
SALE OF GOODS - Sale, rental or leasing of goods.
SELF SERVICE STORAGE FACILITY (MINI-WAREHOUSES) - An enclosed storage facility of a commercial nature containing independent, fully enclosed bays which are leased to persons exclusively
for dead storage of their household goods, personal property, or records for commercial businesses. Except as otherwise allowed by Section 11.0 Self-
Service Storage Facilities (Mini-warehouses) of the Zoning Code, storage bays shall not be used to manufacture, fabricate or process service or repair vehicles, boats, small engines
or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site.
The term “Self-Service Storage Facilities” includes the following: Limited-access self storage facilities, which have limited access points from the exterior of the building to interior
halls that serve individual storage bays; and, multi-access self storage facilities, which have multiple access points from the exterior of the building to individual bays and may have
one access point for each storage bay.
SETBACK - A line running a certain distance back from and parallel to the base, front, side or rear property line which provided the separation wherein no building, structure or portion
thereof shall be permitted, erected, constructed or placed unless specifically permitted by the Code.
SEWERAGE SYSTEM, CENTRAL - A system of pipes, pumps, tanks, etc. for the collection and disposal of sewage, in accordance with the requirements of requisite government agencies.
SEWERAGE SYSTEM, INDIVIDUAL - Pipes, tanks and subsurface absorption field, or other approved treatment device, for handling and disposing of sewage wastes for a single user.
SHOOTING RANGE, INDOOR - A facility designed or used for shooting at targets with rifles, pistols, arrow, or shotguns, and which is completely enclosed within a building or structure.
SHOPPING CENTER - A group of retail commercial and/or service establishments planned, developed, managed and operated as a unit.
SIDEWALK OR SANDWICH SIGN - A moveable sign not secured or attached to the ground.
SIGHT DISTANCE - The minimum extent of unobstructed vision in a horizontal and vertical plane.
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SIGN - Every billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning and canopy, and shall include any announcement, declaration,
demonstration, display, illustration or insignia used to advertise or promote the business or other interests of any person or entity when placed out of doors in view of the general
public.
SIGN, AREA OF - The area enclosed by the perimeter of the sign including all background material, panel, trim and color that differentiates the sign from the building, structure or object
to which the sign is attached. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the area is the sum of the
areas of the smallest contiguous rectangles containing a letter, symbol or continuous line or lines of advertising matter. Note: Double faced signs are calculated as single faced until
there is more than a forty-five (45) degree angle between faces.
SIGN CONTRACTOR, ELECTRICAL - A person licensed to install, repair, alter, add to or change, any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs
and is qualified to erect signs and connect to an existing sign circuit.
SIGN CONTRACTOR, NON-ELECTRICAL - A person licensed by the city to install, repair, add to, paint or change non-electrical signs.
SIGN FACE - The part of the sign that is or can be used for advertising purposes.
SITE PLAN FOR BUILDING PERMITTING - Drawings showing the location of the proposed building or structure and of every existing building or structure on the site or lot and other documents
required by the director of development.
SITE PLAN FOR DEVELOPMENT OR REDEVELOPMENT - The development plan for one or more lots submitted in compliance with Chapter 4 including, but not limited to, requirements of Section 7
therein.
SKATING RINK - A commercial establishment that provides facilities for participant ice or roller skating which is completely enclosed within a building or structure.
SNIPE SIGN - A sign of a temporary nature which is mounted to stakes or other objects, which is utilized to advertise or display matter.
SPECIAL EVENT SIGN - A sign which carries a message regarding a special event or function which is of general interest to the community and sponsored by a not-for-profit civic, religious,
school or governmental organization.
SPECIAL MOBILE EQUIPMENT - Vehicles defined as such by Section 316.003, Florida Statutes.
START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), -The date a building permit is issued, provided
the actual start of construction, repair, reconstruction or improvement is within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent
construction (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond excavation or placement
of a manufactured home on a foundation. Permanent construction excludes land preparation such as clearing, grading and filling; installation of streets and/or walkways; excavation for
a basement, footings, piers or foundations or the erection of temporary forms; installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units
or not part of the main structure.
STATE ROAD - Any highway designated as a state-maintained road by the Department of Transportation.
STATE STANDARDS - See “Department of Transportation State Standards.”
STORAGE OF HOUSEHOLD GOODS - The storage of goods by individual households of their household possessions, and excluding storage of inflammable, explosive, toxic or hazardous materials.
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STORAGE, OPEN - The safekeeping of any goods or products in an unoccupied space open to the sky for eventual removal not expected within seventy-two (72) hours or for continuous replacement
by same or similar goods or products.
STORM DRAINAGE - A system sufficient to prevent inundation resulting from a three-year storm which conveys storm waters to publicly dedicated and maintained drainage canals or natural
waterways acceptable to the agency having jurisdiction or an alternate proposal approved by the city engineer.
STORMWATER - The flow of water which results from a rainfall event.
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General Provisions 21
STREET - A public or private strip of land which affords a principal means of access to abutting property. The word street is synonymous with road, avenue, boulevard, lane, place.
STREET, ARTERIAL - A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, generally higher operating speed, and high
mobility importance. In addition, all United States numbered highways shall be arterial roads.
STREET, COLLECTOR - A route providing service which is of relatively moderate average traffic volume, moderately average trip length, and moderately average operating speed. These routes
also collect and distribute traffic between local roads or arterial roads and serve as a linkage between land access and mobility needs.
STREET FRONTAGE - The property line adjacent to a public or private street.
STREET, LOCAL - A route providing service which is of relatively low average traffic volume, short average trip length or minimal through-traffic movements, and high land access for
abutting property.
STREET, MARGINAL ACCESS - A street parallel and adjacent to an expressway, arterial street or limited access street or in the immediate vicinity of such streets utilized primarily for
relieving such streets from local service of abutting property by providing protection from conflicts with through traffic. Also called a frontage street.
STREET, MINOR - See “Local Street.”
STREET, PRIVATE - Any street not dedicated to the public.
STREET, PUBLIC - Any street dedicated to the public and accepted for ownership and maintenance by the City Commission.
STRUCTURAL TRIM - Shall mean the molding, battens, cappings, nailing strips, latticing and platforms which are attached to the sign structure.
STRUCTURE - Any building or improvement, for which a certificate of occupancy is required, constructed upon real property located within the municipal limits of the city.
SUBDIVISION - The division of a parcel of land into two (2) or more lots or parcels, either by plat into lots and blocks or by metes and bounds description, for the purpose of transfer
of ownership or development or, if a new street is involved, by division of a parcel of land.
SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) per cent of the market value of the structure before
the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement occurs when the first alteration
of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not include
any project for improvement of a structure to comply with existing state or local health, sanitary or safety codes, or alteration of a structure listed on the National Register of Historic
Places or a state inventory of historic places.
SURETY - An irrevocable surety guaranteeing that all required surveying and construction improvements will be completed in full accord with approved documents and all conditions attached
thereto.
SURFACE WATERS - All waterways and associated wetlands that hold or transport water on the ground.
SURVEYOR - A surveyor registered in Florida.
SWIMMING POOL - Any confined body of water, located either above or below the existing finished level of the site, exceeding two (2) feet in depth, designed, used or intended to be used
for swimming or recreational purposes.
TECHNICAL REVIEW COMMITTEE (TRC) - A committee consisting of the director of development, the fire chief, the police chief, the director of utilities,
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the director of public works, the city engineer, the recreation and parks director, and the director of planning and zoning, or their duly authorized representatives.
TEMPORARY BUSINESS IDENTIFICATION SIGN - A non-permanent, on-premise sign identifying a business location.
TEMPORARY CONSTRUCTION SIGN - A sign identifying the owners, contractors, receivers, lenders and suppliers on the property where the sign is located during the construction period.
Such sign may not be permitted prior to the issuance of a valid building permit for the specific site and must be removed within ten (10) days after the building permit has been finalized.
THOROUGHFARE PLAN - The plan of present and future streets adopted by the City of Boynton Beach.
TIME SHARING HOTEL - The term shall include, but shall not be limited to, any building or part thereof in which the right of use or occupancy of any unit circulates among various occupants
for specific periods of time less than a full year during any given year but not necessarily for consecutive years in accordance with a fixed time schedule on a periodically recurring
basis extending for more than one year. The determination that a building, or part thereof, is a time sharing hotel shall be made without regard to the form of ownership of the property
or of the units therein and shall be immaterial whether the right of use or occupancy is derived from a leasehold of fee interest.
TRAFFIC - Pedestrians, ridden or herded animals, and vehicles, streetcars and other conveyances either single or together while using any street or highway for purposes of travel.
TRAFFIC CONTROL DEVICES - Any mechanism used to regulate traffic, such as pavement striping, signs, etc. as specified in the D.O.T. Manual on Uniform Traffic Control Devices (M.U.T.C.D.),
excluding any mechanical or electrical device such as traffic lights.
TRAFFIC CONTROL SIGNAL - Any device, whether manually, electrically or mechanically operated by which traffic is alternately directed to stop and permitted to proceed.
TRAFFIC IMPACT ANALYSIS - A traffic statement prepared by a professional engineer competent in traffic engineering registered in the State of Florida. Such analysis should address at
a minimum, daily and peak hour movements, turn lanes required, signalization, capacity of the street system and interior driveway lengths.
TRAILER - Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle.
TRUCKING, TRANSFER, OR MOVING OPERATION - A use where trucking, transfer of goods or the moving of goods or property is the principal use, and where the use involves the use of such
vehicles as are referred to in Section 14-3(a) of the City of Boynton Beach Ordinances.
TRUCKS, BUSES, FARM EQUIPMENT, OR FARM MACHINERY - STORAGE, PARKING, SALE, RENTAL OR LEASING - The keeping of any trucks, buses, farm equipment, construction machinery or other vehicles
referred to in Section 14-3(a) of the City of Boynton Beach Code of Ordinances on a premises for any length of time, for purposes other than the ongoing service or repair of the vehicle,
ongoing deliveries requiring the vehicle, ongoing maintenance or construction projects, or where the operator of the vehicle is registered at a licensed hotel or motel and the vehicle
is parked on the site of a hotel or motel. Ongoing service, repairs or deliveries shall be construed to be the keeping of such vehicles on the premises only for the amount of time that
the vehicle is being serviced or repaired, or is making deliveries. Ongoing maintenance or construction projects shall include overnight parking on the premises for the duration of
such a project on the premises, during which the vehicle is actually used. This definition shall not be construed to prohibit the parking of such
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vehicles as a customary accessory use to a lawful principal use where the vehicle is owned or operated by the owner of the principal use, where the vehicle is necessary for the
operation of the principal use, and where the parking of such vehicles is not prohibited elsewhere in the City of Boynton Beach Codes and Regulations.
URBAN LAND USE - The use of land for other than agricultural, open space, conservation or preservation uses, including uses which are clearly accessory and subordinate to these uses.
USE - Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or any activity, occupation, business or operation
carried on, or intended to be carried on, in a building or other structure or on a tract of land.
USE, PRINCIPAL - The primary purpose for which land or building is used as permitted by the applicable zoning district.
USED MERCHANDISE - Merchandise which has been previously owned by another consumer or other end-user prior to being stocked or sold on the premises.
UTILITY TRAILER - A trailer or commercial truck which is rented, leased or sold primarily for use by household users for moving household goods, and specifically excluding truck-tractors
or semi-trailers.
VARIANCE - A procedure by which an applicant may request modification of the requirements set forth herein under specific conditions which do not nullify the intent and purposes of this
ordinance.
VEHICULAR SIGN - A sign or sign structure attached or affixed in any manner in or to any wheeled vehicle for the purpose of advertising that business to which the sign refers, excluding
such signs attached or affixed to public transportation vehicles for business advertising purposes when such vehicles belong to a fully licensed public transportation company. A vehicle
shall not be used to circumvent this sign code. Vehicles with vehicular signs shall be parked in the rear of commercial or industrial establishments.
WALL SIGN - A sign containing copy, graphics, symbols and/or letters placed on the wall surface itself.
WATER SYSTEM, CENTRAL - A supply of water to serve more than one user including the water source, pipes, pumps, tanks, treatment plants and all other appurtenances.
WATER SYSTEM, INDIVIDUAL - A water source and other appurtenances supplying water to only one user.
WATERWAY - Any body containing water such as a canal, channel, ditch, drainage way, lake, stream, watercourse, etc.
WETLANDS - Open bodies of water and those portions of a water body inundated at regular and periodic intervals, or those areas where vegetation is dominated by submerged and transitional
species listed in Florida Administrative Code Rule 17-3.022.
WHOLESALE - Sale of goods to consumers other than household consumers or to business and professional offices for use in such offices. For the purposes of these regulations, a wholesale
establishment shall be defined as an establishment where more than fifty (50) per cent of the value of goods sold on or from the premises are sold at wholesale prices to customers or
users other than household consumers.
WINDOW/DOOR SIGN - Any sign which is painted on, applied to, attached to, hanging in or projected upon or within, the exterior or interior of a building glass area, including doors.
For clarification purposes, signs in this definition include, but are not limited to, any identification, message, symbol, insignia, visual representation, logo type or any other form
of communication.
WORK - All construction for all facilities and features.
WRECKED MOTOR VEHICLE - A motor vehicle defined as such by Section 10-50 of the City of Boynton Beach Code of Ordinances.
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XERISCAPE - A landscaped treatment that substantially reduces irrigation demands by appropriate plant selection.
YACHTEL - A marina or dockage offering onshore overnight accommodations.
YARD - An open space on the same lot with a building unoccupied and unobstructed from ground upward, except by trees or shrubbery or as otherwise provided herein.
YARD SIGN - A temporary sign, not to exceed four (4) square feet, which identifies a safety feature related to the particular lot.
ZONING CODE - Chapters 2 and 2.5 of the Land Development Regulations as adopted by the City Commission.
(Ord. No. 95-24, § 1, 8-15-95; Ord. No. 96-28, § 1, 4-16-96; Ord. No. 96-49, § 4, 1-21-97; Ord. No. 97-04, § 1, 2-18-97; Ord. No. 98-04, § 1, 1-20-98; Ord. No. 98-31, § 1, 8-4-98; Ord.
No. 99-24, § 1, 9-7-99; Ord. No. 00-55, § 2, 10-17-00; Ord. No. 00-77, § 2, 1-2-01; Ord. No. 01-45, § 2, 8-7-01; Ord. No. 01-50, § 2, 12-4-01; Ord. No. 02-010, § 2, 3-19-02; Ord. No.
02-033, §§ 2-4, 8-20-02; Ord. No. 03-010, § 2, 4-1-03; Ord. No. 03-016, § 2, 5-20-03; Ord. No. 03-018, §§ 1-3, 6-3-03; Ord. No. 03-034, § 2, 6-17-03; Ord. No. 03-062, § 2, 12-16-03;
Ord. No. 04-079, § 2, 10-19-04; Ord. No. 06-096, § 2, 1-2-07)
ARTICLE III. JURISDICTION
Regulations set forth herein are applicable to all land in the City of Boynton Beach, Florida. (Ord. No. 96-49, § 5, 1-21-97)
ARTICLE IV. PURPOSE
The purpose of this chapter is to establish procedures and standards for the development and subdivision of real estate within the City of Boynton Beach, Florida, in an effort to, among
other things, insure proper legal description, identification, monumentation and recording of real estate boundaries; aid in the coordination of land development in the city in accordance
with orderly
physical patterns; prevent haphazard, premature, uneconomic or scattered land development; insure safe and convenient traffic control; encourage development of an economically stable
and healthful community; insure adequate utilities; prevent periodic and seasonal flooding by providing protective flood control and drainage facilities; provide public open spaces for
recreation; insure that citizens of Boynton Beach will not bear the costs of haphazard land development; provide the authority to direct the construction of improvements; insure the
purchaser of land in a subdivision that necessary improvements of lasting quality have been installed.
ARTICLE V. IMPACT FEES AND
DEDICATIONS
Sec. 1. In general.
Impact fees are regulatory fees due for land development activity causing a need for capital improvements.
Sec. 2. Palm Beach County fees/dedications.
Palm Beach County ordinances require that certain impact fees be paid concurrent with development activities, collectible prior to issuance of certain permitting fees. Developers in
Boynton Beach shall pay such fees in accordance with Palm Beach County ordinances.
Sec. 3. Establishment of parks and recreation facilities impact fee or land dedications in lieu ther
eof.
A. PURPOSE. This section is enacted to insure that future land development within the city provides land and facilities for park or recreational purposes in accordance with the open
space and recreation element of the comprehensive plan adopted by the city.
B. IMPACT FEE IMPOSED. A park and recreation facilities impact fee is hereby imposed on all the development of all real property that is
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hereinafter developed or redeveloped for residential use within the city limits.
C. PURPOSE OF IMPOSITION OF FEE. The imposition of a park and recreation facilities impact fee is to provide a source of revenue to fund the construction or improvement of the city
park system necessitated by growth, as delineated in the capital improvement element of the proposed comprehensive plan. The purpose of this section is to ensure that all future residential
land development creating an impact on park and recreational facilities within the city shall bear a proportionate share of the cost of capital expenditure necessary to provide such
facilities in accordance with the open space and recreation element of the comprehensive land adopted by the city.
D. APPLICABILITY OF FEE. The provisions apply to development, including the residential component of mixed-use developments. The provisions of this section shall not apply to nonresidential
property.
E. DEFINITIONS. When used in this section, the following terms shall have the following meanings.
APPLICANT - The person or entity applying, or required by the city code to apply, for a building permit for the construction of three or more dwelling units, or for the construction
of one or more dwelling units within a development of three or more units. Applicant is synonymous with owner.
DWELLING - A living facility for one or more persons, such as a one-family house, an apartment or a condominium.
IMPACT FEE - Park and recreation facilities impact fee.
OBLIGOR - Any person or entity who is obligated to pay a park and recreation facilities impact fee pursuant to the city's Park and Recreation Facilities Impact Fee Ordinance.
PARK - A public park within the city that is not owned or operated by the county.
RESIDENTIAL UNIT – An apartment, condominium, single-family detached house, mobile home, single-family attached house or multi-family housing established for human habitation.
F. TIME OF IMPACT FEE PAYMENT. Payment of park and recreation impact fees or transfer of title to land conveyed in lieu of a cash payment, shall be made prior to the issuance of
a building permit, or prior to approval finality of an development order approving an application for plat or replat, whichever occurs first.
G. IMPACT FEE CALCULATION. The formula used to develop park and recreation facilities impact fee assessment is set forth as Appendix A at the end of this chapter.
H. IMPACT FEE AMOUNT. The established park and recreation facilities impact fee per residential unit is as follows:
Type of Dwelling Unit
Impact Fee per Dwelling Unit
Single-family, detached
$1,418
Single-family, attached
$1,045
Multi-family
$924
I. CREDIT TOWARDS IMPACT FEE IMPOSITION. Where a building consisting of one or more dwelling units is replaced by another building of one or more dwelling units, there shall be a credit
against the payment of the fees originally paid or assessed.
J. LAND DONATION AS IMPACT FEE OBLIGATION SATISFACTION. Some or all of the park and recreation facilities impact fee obligation may be satisfied by dedication of land to the city for
park and recreation facilities. The process of donation may be initiated by the applicant or the city upon the formal filing of a development application and prior to the completion
of staff reviews. When city staff anticipates the need for a land dedication in lieu of an impact fee, city staff shall notify the property owner/applicant at the pre-application meeting.
Staff's notification to the property owner/applicant shall include a statement that only the City Commission has
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the authority to decide when a land dedication will be required in lieu of the payment of the impact fee. In either case, the decision to accept land in lieu of a fee is reserved to
the City Commission.
1. When either an applicant or the city proposes a land dedication in lieu of all or part of the required cash fee, the applicant shall submit to the Director of Parks and Recreation
a proposed plan for the dedication of land for impact fee satisfaction. The proposed plan shall include a legal description of the land and a written appraisal of the land, along with
a proposed date for the donation of the land. Upon receipt of the proposed plan, the Director of Recreation and Parks shall schedule a hearing before the City Commission at the next
regularly scheduled meeting for the purpose of reviewing the proposed plan, and shall provide the applicant written notice of the time and place of the hearing. Such hearing shall be
held in accordance with the City Commission rules for conducting quasi-judicial hearings. The City Commission, following a written recommendation from the Director of Parks and Recreation
and the City Manager, shall, following the public hearing determine whether it shall require a land dedication in lieu of a fee by consideration of the following:
a. Suitability. The land should be suitable for future park and recreation facilities based upon the size, shape, topography, geology, access and location of the proposed development;
b. No defects. The land must have no known physical problems such as problems with drainage or flooding, or on-site safety hazards associated with it;
c. Consistency. The location of the land and its potential for development should be consistent with the city's Recreation and Parks Strategic Plan.
2. Nothing contained herein should be construed to prevent the City Commission from exercising its authority to decline the donation of land as partial or full satisfaction of the
park and recreation impact fee.
3. The fair market value of said land dedicated in lieu of a cash fee will be credited to the
applicant against the impact fee as set forth in this section. If the fair market value exceeds the applicant's impact fee obligation, the reimbursement will be made to the applicant
by direct cash payment from the trust fund.
4. The value of the proposed land to be dedicated shall be based upon a written appraisal of fair market value by a qualified and professional appraiser, and based upon comparable
sales of similar property between unrelated parties in a bargaining transaction, if available. The appraiser must: be a Member of the Appraisal Institute (M.A.I.); have his or her
principal office for business in Martin, Palm Beach or Broward County; and have been qualified to testify as an expert on land valuation in a court proceeding in at least three (3)
legal proceedings involving a governmental entity. The fee of the appraiser shall be paid by the applicant when a dedication in lieu of a cash fee is requested by the applicant and
by the city when the dedication in lieu of a cash fee is initiated by the city.
K. USE OF PARK IMPACT FEE PROCEEDS.
1. The funds collected pursuant to the Park and Recreation Facilities Impact Fee Ordinance shall be paid to the city, and placed in a trust fund to be known as the reserve for parks
and recreational facilities.
a. This account shall be used solely for the acquisition, improvement, expansion or implementation of parks and recreational facilities in
the city.
b. Funds shall be used first for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by purchasing land or by improving the land
for park and recreational purposes.
c. If both adequate land and improvements exist in the area, funds may be spent to acquire or improve park and recreational facilities elsewhere in the city.
2. The amount of the park impact fee collected pursuant to this section plus any interest
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accrued may be returned to the person or entity that paid the fee, upon petition for refund, only if such fees have not been expended or encumbered by the end of the fiscal year immediately
following the sixth (6th) anniversary of the date upon which such fees were paid.
3. Refunds shall be made in accordance with the following procedure:
a. The completed petition for refund must be submitted to the Director of Parks, via certified mail return receipt requested, and shall consist of:
i. A notarized sworn statement that the applicant was the entity that paid the impact fee;
ii. A copy of the dated receipt issued for payment of the impact fee or such other record that would indicate payment/credit for such fee;
iii. A certified copy of the latest recorded deed; and
iv. A copy of the most recent ad valorem tax bill.
b. Within ninety (90) days from the date of a receipt of a complete petition for refund:
i. The Director of Recreation and Parks will advise the applicant of the status of the request for refund; and
ii. If such impact fee or portions thereof have not been spent or encumbered within its applicable time period, then the fee or portion thereof not spent or encumbered shall be returned
to the applicant.
c. For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of first fee in, first fee out.
(Ord. No. 06-025, § 2, 4-4-06; Ord. No. 06-057, § 2, 7-5-06)
ARTICLE VI. LAND DEVELOPMENT FEES
Fees shall be charged for land development activities described herein as established by the City Commission from time to time by resolution. Current and applicable fee schedules and/or
resolutions can be obtained at the office of the city clerk or department of development.
ARTICLE VII. APPEALS
Sec. 1. Appeals from decisions of an
administrative official.
A. ELIGIBILITY. Appeals of decisions of an administrative official may be taken by any person aggrieved or by any officer, board, or bureau of the governing body affected by any decision
of an administrative official under any ordinance enacted pursuant to the Land Development Regulations of the City of Boynton Beach.
B. FILING. Appeals shall be filed within fifteen (15) calendar days after rendition of the order, requirement, decision, or determination with the official from whom the appeal is
taken specifying the grounds for the appeal. A current certified survey and a fee as adopted by resolution of the City Commission, plans, drawings, documents and/or other material constituting
the record upon which the action was taken shall be collected by the administrative official and, together with the completed appeal, forwarded to the appropriate appeal board for placement
on the board's next available agenda.
C. STAY OF WORK. Upon posting of acceptable surety (see Chapter 7) by the appellant in an amount equal to 110% of the potential costs of delays and damages as certified by a design
professional, all work on the premises and all proceedings in furtherance of the action appealed from will be stayed, unless the official from whom the appeal was taken certifies that
by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings or work shall not be stayed except by a restraining order
which
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may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
D. ASSIGNMENT OF APPEALS. The City of Boynton Beach has several boards/commissions which deal with a variety of appeals, variances, exemptions, exceptions, etc., as follows:
1. The building board of adjustment and appeals will hear and decide appeals of administrative decisions or determinations made in the enforcement or administration of LDR Chapter
20, Building, Housing and Construction Regulations and the various building codes and ordinances adopted by the City. See LDR Chapter 20, Article VII, Section 2D for detailed information.
2. The City Commission will hear and decide appeals of administrative decisions or determinations in the enforcement or administration of excavation, dredging and/or fill permits;
platting; major/minor site plan or master plan modifications and height exceptions.
3. The concurrency review board will hear and decide appeals of administrative decisions denying a certification of concurrency and/or a conditional certification of concurrency.
4. Repealed by Ord. No. 02-033, § 4, 8-20-02.
E. HEARING OF APPEALS. Each board or commission shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest.
Upon the hearing, any party may appear in person, by agent or by attorney.
F. REVIEW OF ADMINISTRATIVE ORDERS. In exercising its powers, each board or commission may, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or
determination made by an administrative official and may make any necessary order, requirement, decision, or determination, and to that end shall have all the powers of the officer from
whom the appeal is taken. The concurring vote of a majority of the members present shall be necessary to reverse any order, requirement, decision, or determination of any
administrative official or to decide in favor of the applicant on any matter upon which the board or commission is required to pass.
G. INDEMNIFICATION. In the event a claim or lawsuit is brought against the City, its officers, employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold
harmless the City, its officers, employees, servants or agents and to defend said persons from any such claims, liabilities, causes of action, and judgements of any type whatsoever arising
out of or relating to the appeals from decisions of an administrative official whether the appellant is the applicant or any other party. The appellant agrees to pay all costs, attorney's
fees, and expenses incurred by the City, its officers, employees, servants or agents in connection with such claims, liabilities or suits. Nothing contained herein, however, shall act
as a waiver of any of the City's immunities provided for in Florida Statutes, Section 768.28. (Ord. No. 96-49, § 7, 1-21-97; Ord. No. 02-033, § 4, 8-20-02; Ord. No. 04-027, § 1, 4-20-04)
Sec. 2. Appeals from decisions of the
concurrency review board.
A. ELIGIBILITY. Appeals of decisions of the concurrency review board may be taken by any aggrieved party affected by a board decision.
B. FILING. Appeals shall be filed within fifteen (15) calendar days after rendition of the order, requirement, decision or determination with the planning and zoning director specifying
the grounds for the appeal. A fee as adopted by resolution of the City Commission together with other documents and materials constituting the record upon which the action was taken
shall be collected by the planning and zoning director and, together with the completed appeal, forwarded to the planning and development board for placement on the board's next available
agenda.
C. HEARING OF APPEALS. The planning and development board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties
in interest. Upon the hearing, any party may appear in person, by agent or by attorney.
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General Provisions 29
D. REVIEWING APPEALS. In exercising its powers, the planning and development board may reverse or affirm wholly or partly, or may modify the decision or determination made by the concurrency
review board and may make any necessary order, requirement, decision or determination, and to that end shall have all the powers of the concurrency review board and the planning and
zoning director. The concurring vote of a majority of the members present shall be necessary to reverse any order, requirement, decision, or determination of the concurrency review
board or to decide in favor of the applicant on any matter upon which the board is required to pass. (Ord. No. 96-49, § 7, 1-21-97)
Sec. 3. Appeals from decisions of the building
board of adjustment and appeals.
A. ELIGIBILITY. Appeals of decisions of the building board of adjustment and appeals may be taken by any aggrieved party affected by a board decision.
B. FILING. Appeals for judicial relief shall be filed with the circuit court within thirty (30) calendar days after rendition of a board decision. (Ord. No. 96-49, § 7, 1-21-97; Ord.
No. 02-033, § 4, 8-20-02)
Sec. 4. Appeals from decisions of the
City Commission.
A. ELIGIBILITY. Appeals of decisions by the City Commission may be taken by any aggrieved party affected by a commission decision.
B. FILING. Appeals for judicial relief shall be filed with the circuit court within thirty (30) calendar days after rendition of a commission decision. (Ord. No. 96-49, § 7, 1-21-97)
Sec. 5. Withdrawal or denial of appeal.
A. REFILING AFTER DENIAL. Upon denial of an application for relief hereunder, in whole or in part, a period of one (1) year must run prior to the
filing of a subsequent application affecting the same property or any portion thereof.
B. REFILING AFTER WITHDRAWAL WITH PREJUDICE. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must run prior to the filing of a subsequent application
affecting the same property or any portion thereof, unless, however, the decision of the board is without prejudice; and provided that the period of limitation shall be increased to
a two-year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn.
C. REFILING AFTER WITHDRAWAL WITHOUT PREJUDICE. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing
and executed in a manner and on a form prescribed by the board and filed with the board at least one (1) week prior to any hearing scheduled concerning the application; otherwise, all
such requests for withdrawal shall be with prejudice. No application may be withdrawn after final action has been taken. When an application is withdrawn without prejudice, the time
limitations for re-application provided herein shall not apply.
(Ord. No. 96-49, § 7, 1-21-97)
ARTICLE VIII. DEVELOPMENT REVIEWS
Sec. 1. Technical reviews.
A. SCOPE. Any person wishing to develop property within the city shall submit a master plan and/or site plan review application, an application fee and supporting documents as required
by the planning and zoning department. The purpose of this submission shall be for review of the basic design quality of the proposed development and to ensure compliance with applicable
city codes.
B. ADMINISTRATION. The Planning and zoning department shall be responsible for the overall coordination and administration of the plan review process.
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General Provisions 31
C. DETERMINATION OF COMPLETENESS. Within two (2) business days (not including the date of filing) of receiving application and documentation for master plan and/or site plan review,
the planning and zoning department shall inform the applicant of the completeness of the application and either accept the application or reject the application. Rejected plans and
applications will be returned to the applicant with a list of deficiencies in writing from the planning and zoning department.
D. DISTRIBUTION FOR REVIEW. Documents will be distributed within three (3) working days of acceptance to the City's technical review committee for review and written comments within
fifteen (15) days unless otherwise requested by the planning and zoning director.
E. TECHNICAL REVIEW COMMITTEE (TRC) CONSIDERATION. A technical review committee (TRC) chaired by the planning and zoning director or his/her designee and consisting of representatives
of the parks and recreation, fire, police, utilities, engineering, public works, planning and zoning, and development departments shall meet to review documents in order to coordinate
the technical expertise of TRC members. TRC comments will be forwarded in writing to the planning and zoning department within three (3) days of the meeting.
F. APPLICANT NOTIFICATION. The planning and zoning department shall forward TRC comments to the applicant within seven (7) working days of the TRC meeting.
G. DOCUMENT AMENDMENTS. The applicant shall amend the documents to reflect comments made by the various departments or provide written explanations. Staff comments unresolved at the
time of development order preparation will be noted on the proposed development order as conditions of development approval.
H. SUBMISSION OF AMENDED DOCUMENTS/WRITTEN EXPLANATIONS. The applicant shall submit amended documents/written explanations to the Planning and Zoning Department within ninety (90)
days of receipt of comments or the application shall become null and void. Reconsideration will then require a new application and a new fee.
I. REDISTRIBUTION FOR REVIEW. The planning and zoning department shall distribute the amended documents to TRC members within three (3) working days of acceptance from applicant.
TRC members shall respond to the planning and zoning department with either a recommendation to approve or reject the plan within ten (10) working days. The planning and zoning department
shall notify the applicant of the responses from TRC members. (Ord. No. 96-49, § 8, 1-21-97; Ord. No. 02-033, § 4, 8-20-02)
Sec. 2. Planning and development board review.
A. SCOPE. When the TRC finds that the documents meet the provisions of these Land Development Regulations, the planning and zoning director will transmit the documents with TRC comments
and recommendations to the planning and development board for review at their next available meeting.
B. APPLICANT NOTIFICATION. The planning and zoning department will notify the applicant in writing of the date, time and location of the planning and development board meeting when
the application will be reviewed. The applicant may, at his/her option, request in writing a postponement of planning and development board consideration.
C. PLANNING AND DEVELOPMENT BOARD DELIBERATION. The planning and development board will review submitted documents as well as all TRC comments and recommendations, and has all of the
authority, functions, powers and
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duties vested in it by Chapter 1.5, Article I, Section 4 of this Land Development Regulation.
D. ACTION. The planning and development board shall recommend to the City Commission that they approve the plan unconditionally, approve the plan with conditions and/or recommendations,
or deny the plan. (Ord. No. 96-49, § 8, 1-21-97)
Sec. 3. City Commission reviews.
A. SCOPE. When the planning and development board completes its review and formulates its recommendations, the planning and zoning director will transmit the documents together with
TRC comments and recommendations as well as planning and development board action to the City Commission at their next available meeting.
B. APPLICANT NOTIFICATION. The planning and zoning department will notify the applicant in writing of the date, time and location of the City Commission meeting when the application
will be reviewed. The applicant may, at his/her option, request in writing a postponement of City Commission deliberations.
C. CITY COMMISSION DELIBERATION. The City Commission shall consider the comments and recommendations of reviewing departments and the recommendation of the planning and development
board and shall approve the plan, approve the plan with conditions, deny the plan or defer action on the plan.
(Ord. No. 96-49, § 8, 1-21-97)
ARTICLE IX. DEVELOPMENT ORDERS
Sec. 1. Challenges to staff comments generated
through the development review process.
A. ELIGIBILITY. An applicant may challenge any written comment or recommendation made by a staff member during the development review process.
B. INFORMAL PROCEDURE. An applicant may challenge orally or in writing any staff comment or recommendation by contacting the issuing department and presenting specific grounds for
the challenge. The issuing department may reverse or affirm the comment or recommendation, wholly or partly, or may modify the comment or recommendation, but all such action shall be
based on provisions of appropriate codes, ordinances, rules or regulations. Any staff comment not based on a specific code, ordinance, rule or regulation becomes a recommendation.
C. FORMAL PROCEDURE. Comments and/or recommendations surviving the informal procedure described hereinbefore will be forwarded to the planning and development board and/or City Commission
for review in the form of a proposed development order. The board will review proposed development orders which come before it and may recommend acceptance, rejection, and/or modifications
to staff comments and recommendations, and forward a record of their recommended action to the City Commission. The City Commission may accept, reject, or modify each comment or recommendation
presented to them from staff and, if available, from the planning and development board, during their development order deliberations.
D. FINALIZING DEVELOPMENT ORDERS. The city attorney or his designee will record specific action by the Commission on each staff comment or recommendation during deliberations. He
shall also record specific action by the Commission on each planning and development board comment or recommendation as well as each Commission comment or recommendation. The city attorney
will sign, and the city clerk will witness, the completed record of the proceedings which then becomes the official development order.
E. DISTRIBUTION OF DEVELOPMENT ORDERS. Within three (3) working days the city attorney and city clerk will sign the development order
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and forward signed copies to the applicant, the department of development, and the planning and zoning department.
(Ord. No. 96-49, § 9, 1-21-97)
ARTICLE X. ADMINISTRATIVE ADJUSTMENT TO MINIMUM YARD SETBACKS
Sec. 1. Intent.
The intent of these provisions is to provide minor reductions to the minimum yard setbacks in order to better facilitate renovation/redevelopment efforts on individual lots in single-family
zoning districts. In staff consideration of requests for administrative adjustment to minimum yard setbacks, various criteria will be utilized to determine compatibility with and impact
on the surrounding neighborhood. Staff will review the site constraints, building orientation and floor plan functionality issues that justify the request. Additionally, staff will take
into consideration compatibility with the established character of the neighborhood, the massing of the building or addition(s) and reasonableness of the request.
(Ord. No. 05-034, § 2, 7-19-05)
Sec. 2. Submittal requirements.
A. Proof of property ownership by petitioner(s), such as deed or purchase contract agreement.
B. Justification statement detailing the need for the setback adjustment, including site constraints, building orientation, floor plan functionality and other restrictions.
C. Provision of the following:
1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old, including:
a. All property lines;
b. North arrow;
c. Existing structures and paving;
d. Existing elevations;
e. Rights-of-way, with elevations;
f. Easements on or adjacent to the site;
g. Utilities on or adjacent to the site;
h. Legal description;
i. Number of acres to the nearest one-hundredth (1/100) of an acre; and
j. Location sketch of property.
2. Two site plans properly dimensioned and to scale depicting the following:
a. Location of all existing structures on the property;
b. Location and dimension of any new construction;
c. Setback dimensions to all property lines;
d. Location of, and dimension to, streets, alleys and easements on or adjacent to the property;
e. Floor plans of proposed addition(s) and of adjacent habitable space in the existing structure; and
f. Location, number and size of existing and proposed parking spaces on the property.
3. Photographs depicting the existing conditions on the property, area of the proposed additions(s), and views facing adjacent properties.
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4. Address labels for the purpose of mailing notice to the owners of the properties that are immediately abutting the property that is the subject of the application for the administrative
adjustment. The address labels shall contain the name and address of the property owners for property immediately abutting the applicant's property as listed by the Palm Beach County
Property Appraiser's Office.
(Ord. No. 05-034, § 2, 7-19-05)
ARTICLE XI. NOTICE OF INTENT
A. Statement of intent.
1. The City from time to time will propose changes to the Land Development Code of the Code of Ordinances of the City of Boynton Beach.
2. The purpose of this section is to provide an administrative procedure for the public and the development community to be notified of such changes in land development regulations
which may impact proposed plans for development within the City of Boynton Beach as early in the Code revision process as possible to best ensure that affected parties do not unnecessarily
expend time, money and resources on proposed development projects which will be subject to such land development regulations' revisions.
3. It is further the purpose of this section to ensure that upon the issuance of the Notice of Intent, as hereinafter provided, no proposed land development project affected by a pending
regulatory change shall be approved by any City officer, official, commission, board, agency or body, whether elected or appointed, unless said proposed land development project conforms
with the pending regulatory change and/or the proposed land development project approval is conditioned on such conformance pursuant to the pending regulatory change as currently drafted
or as finally approved, whichever is appropriate.
B. Definitions. As used in this section:
AFFECTED PARTIES - Includes persons owning property or persons owning or operating a business within the boundaries of the City of Boynton Beach whose development application or application
for a permit or license is pending.
DEVELOPMENT ACTIVITY - Application for a master plan, site plan, rezoning, building permit, or variance.
C. Notice of Intent authorization/effective date/ratification by City Commission.
1. At the time the City Commission authorizes, by Resolution, the investigation, study, development, drafting or consideration of a change to a land development regulation, a Notice
of Intent of the pending regulatory change shall be issued. The effective date of the Notice of Intent shall be deemed to be the date of said authorization by the City Commission.
2. At the next Commission meeting following the Notice of Intent, members of the public shall have the opportunity to address the City Commission in a public hearing format relative
to a filed Notice of Intent. After the public hearing, the City Commission by majority vote shall either approve or disapprove the further processing of the proposed regulation which
is the subject matter of the Notice of Intent.
D. Statement of purpose. The Notice of Intent shall include:
1. A statement of purpose;
2. A brief description of the pending regulatory change which shall include as much specificity as possible; recognizing however that changes may occur as the pending regulation proceeds
through the drafting, review, public meeting and public hearing process. The description shall include a statement of the possible effect that the pending regulation may have on development.
In addition, the description shall provide an indication of the provisions of the existing code that may require modification;
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3. A statement of the projected time frame for the adoption of the pending regulation; and
4. A statement of the point in the development approval process at which the pending regulation would apply.
E. Posting of notice.
1. The Notice of Intent shall be posted in the Development Department, and in a conspicuous location in City Hall.
2. From and after the Notice of Intent, applicants for appropriate licenses, permits, and other applicable development applications, including but not limited to plats, site plans,
rezonings, variances, and building permits, shall be provided written notice of the pending land development regulatory changes which may potentially affect the applicant. Applicants
shall be provided written notice by mail and through the availability of notices in the Development Department, and by posting of the Notice of Intent. To the extent that affected parties
have comments, they shall be afforded the opportunity to file written opinion or objections with the Development Director.
3. Neither the failure of the city to provide written notice nor the failure of an applicant for development to observe the posted notice nor the failure of the city to provide posted
notice shall invalidate the applicability of this article to said applicant for development approval.
F. Implementation time frame.
1. The pending regulatory change shall be considered by the City Commission at a public hearing within a time period prescribed by the City at the time of the filing of the Notice
of Intent.
2. If additional time is required for study and deliberation due to the scope of the proposed regulatory changes or arising from procedural issues, upon a majority vote of the City
Commission, the time prescribed by the City in the Notice of Intent may be extended for an additional period of time approved by
the City Commission upon expiration of the initial period of time stated in the Notice of Intent.
3. If no final action has been taken by the City Commission within the time limits set forth herein, the Notice of Intent will expire.
G. Effect on pending or proposed development permits.
1. A Notice of Intent shall have no effect on any application for development activity (a master plan, site plan, rezoning, variance, or building permit) pending for approval on September
19, 2000 or approved on or before September 19, 2000.
2. Except as provided in 1. above, no application for development activity (a master plan, site plan, rezoning, variance, or building permit) shall be accepted for processing by the
City following the issuance of a Notice of Intent unless said application conforms with the pending regulatory change and/or
the application is conditioned on such conformance pursuant to the pending regulatory change as currently drafted or as finally approved, whichever is appropriate.
H. Regulations subject to Notice of Intent. Pending regulations subject to the Notice of Intent include development regulations as defined by Section 163.3213, Florida Statutes, as
amended from time to time, and comprehensive plan amendments which are a condition precedent to land development regulatory changes.
I. Evidence of general compliance. Evidence of general compliance with the procedures of this section of the Code shall be sufficient to sustain the regulation upon adoption.
J. Copies to Planning and Zoning Board. The Planning and Zoning Board shall be provided with a copy of all Notices of Intent upon issuance.
(Ord. No. 00-53, § 2, 10-4-00)
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General Provisions 37
Appendix A
PARKS AND RECREATION FACILITIES IMPACT FEE FORMULA
A. COSTS PER CAPITA: CALCULATIONS.
The cost per capita is calculated by multiplying the standard quantity of park land and facility by average cost per facility. The standard quantity is based on actual provision.
The land value is the average assessed value per acre of all vacant parcels within the city of two acres or more. Average development cost has been added to the average assessed value
to account for basic civil and site development costs.
Component
Standard Per Capita
Average Cost Per Facility
Cost Per Capita
Land acres
0.004700
$543,292
$2,553.47
Playgrounds
0.000259
$100,000
$25.90
Basketball Courts
0.000198
$60,000
$11.88
Handball/Racquetball Courts
0.000122
$225,000
$27.44
Baseball/Softball Fields - Youth
0.000061
$595,000
$36.30
Baseball/Softball Fields - Adults
0.000061
$655,000
$39.96
Football/Soccer Fields
0.000025
$560,000
$14.00
Tennis Courts
0.000473
$60,000
$28.35
Shuffleboard Courts
0.000244
$25,000
$6.10
Picnic Areas
0.000320
$50,000
$16.01
Fitness Trails (Stations)
0.000030
$100,000
$3.05
TOTAL COST PER CAPITA
$2,762.45
B. ADJUSTMENT RATE.
1. Based on park improvement budgets over the last five fiscal years, eighty-one percent (81%) of the cost of park development is anticipated to be generated by the city, with the remaining
nineteen percent (19%) covered by funds from the trust fund established for deposition of impact fees.
2. In the calculation below, other revenues that are being used to pay for new parks and recreational facilities and for improvements of existing facilities are subtracted from the
total per capita cost, as shown:
Total Investment Cost
Per Capita
Less Credit: Percent
Other Revenues
Net Unfunded Cost
Per Capita
$2,762.45
81%
$525
C. COST PER DWELLING UNIT (IMPACT FEE) FORMULA.
1. The cost of parks and recreational facilities per dwelling unit is the impact fee.
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2. It is calculated by multiplying the park and recreational facility cost per person (after the credit reduction for other revenues) by the average number of persons per dwelling unit
in a given type of structure:
Type of
Dwelling Unit
Net Unfunded Cost Per Capita
Persons Per
Dwelling Unit*
Impact Fee Per Dwelling Unit
Single-family, detached
$525
2.70
$1,418
Single-family, attached
$525
1.99
$1,045
Multi-family
$525
1.76
$924
*The persons-per-unit numbers are currently based on 2000 Census data.
(Ord. No. 02-016, § 1, 5-7-02; Ord. No. 06-057, § 3, 7-5-06)
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