O85-28ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
APPENDIX A - ZONING, OF THE CODE OF
ORDINANCES, CITY OF BOYNTON BEACH, BY
AMENDING SECTION 1. DEFINITION OF TERMS.
TO PROVIDE A DEFINITION FOR "ANTIQUE STORE
OR AUCTION HOUSE" AND TO AMEND THE EXISTING
DEFINITIONS OF HOTEL APARTMENT AND MOTEL
APARTMENT; BY FURTHER ~ENDING APPENDIX
A-ZONING BY AMENDING SECTION 6. CO~ERCIAL
DISTRICT REGULATIONS AND USE PROVISIONS.
E. CENTRAL BUSINESS DISTRICT (CBD) BY
SETTING FORTH THE PERMITTED AND CONDITIONAL
USES THEREIN; BY ENUMERATING THE USES
PROHIBITED; BY SETTING FORTH BUILDING AND
SITE REGULATIONS; PROVIDING REGULATIONS FOR
OFF-STREET PARKING AND LOADING SPACES;
PROVIDING LANDSCAPE PROVISIONS; PROVIDING
SIGN REGULATIONS; PROVIDING THAT EACH AND
EVERY OTHER PROVISION OF APPENDIX A-ZONING
SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO
CODIFY; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES. ~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: Appendix A-Zoning, Section 1. Definition of
terms° of the Code of Ordinances, City of Boynton Beach, Florida,
is hereby amended to add the following definition of "ANTIQUE
STORE OR AUCTION HOUSE," which shall read as follows:
ANTIQUE STORE OR AUCTION HOUSE. The use of a
building for the retail sale or auction of
objects of value such as quality restored
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.
Section 2: Appendix A-Zoning, Section 1. Definition of
terms, of the Code of Ordinances, City of Boynton Beach, Florida,
is further amended by amending the definitions of "HOTEL APARTMEN9
and "MOTEL APARTMENT" so that each shall now read as follows:
HOTEL APARTMENT. Any hotel building containing a
mixture of sleeping rooms and apartment suites for
transient guests on~.y, 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 (1/3) of the
total units devoted to apartment suites. Dining
rooms and lounges w~½~ shall be permitted as a~
accessory uses. Hotel apartment suites shall have
a minimum gro~s floor area of five-hundred (500)
square feet.
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 (1/3) of the total
units devoted to apartment suites. Dining rooms
and lounges w~½~ shall be permitted as a~
accessory uses. Motel apartment suites shall
have a minimu~ gross flo~r area of' five-hu'ndred
(500) square feet.
Section 3: Appendix A-Zoning, Section 6. Commercial
district regulations and use provisions. E. CBD - CENTRkL BUSINESS
DISTRICT. of the COde of Ordinances, City of Boynton Beach,
Florida, is hereby amended to read as follows:
E. CBD - CENTRAL BUSINESS DISTRICT. The intent
of this district is to provide a highly visible
community focal point integrating business,
retail, recreational, and residential activities.
The uses allowed in the Central Business District are.intended
to serve the entire community, create a high
volume of pedestrian activity, provide business,
recreation, and residential opportunities, and
maximize the potential of the waterfront.
1. Permitted and conditional uses. Within
the Central Business District, no building,
structure, land, or water', or portion thereof,
shall be used except for one or more of the
following uses listed below. Uses specified
below which are followed by an asterisk (*)
shall be deemed to be conditional uses, which
may be considered and granted in accordance
with Section 11.2 of these zoning regulations,
except that where such uses are located in the
CBD, the Community Redevelopment Agency shall
take the place of the Planning and Zoning Board
in all proceedings. Furthermore, no part of
the CBD shall be developed until a complete,
detailed development proposal'has been submitted
to the City and approved in accordance with
the standards and procedures set forth in
Chapter 19, Article IV. of the City of Boynton
Beach Code of Ordinances. Such proposals
shall generally follow the design guidelines
established by the City for the CBD, and shall
include water, sewer, storm drainage, traffic
flow, parking, landscaping, lighting, and
other data as required by Chapter 19, Article
V, of the City of Boynton Beach Code of Ordinances.
p. *Clubs, lodges, and fraternal organizations.
q. *Public utilities and communications
facilities.
r. *Nursery, day care centers, and pre-school
facilities.
s. *Primary and secondary schools, excluding
trade or industrial schools.
t. *Colleges, seminaries, and universities,
excluding trade or industrial schools.
u. Non-degree instruction or tutoring, under
2,000 square feet of gross floor area, excluding
trade or industrial instruction.
v. *Non-degree instruction or tutoring, over
2,000 square feet of gross floor area, excluding
trade or industrial instruction.
w. *Public assembly halls, auditoriums, and
community centers.
RETAIL
X.
y.
Department stores.
Beer,liquor, and wine sales, excluding
drive-through facilities.
z. Antique stores and auction houses, selling
only objects of value such as quality restored
antiques, art objects, jewelry, and the like,
but not used merchandise generally.
aa. Art and ceramic stores.
bb. Curio and gift shops, excluding sale of
used merchandise.
cc. Music and camera shops.
dd. Furniture, home furnishings and accessories,
appliances, and interior decorator shops.
ee. Hardware, marine hardware, drapery, carpet,
tile, paint and wallpaper stores, but excluding
lumber-or building materials dealers, lawn and
garden shops, glass, electrical, plumbing,
heating supplies, and the like.
ff. Clothing and clothing accessories stores,
excluding sale of used merchandise.
gg. Sundries, notions, and variety stores.
hh. Art, craft, hobby, and sewing supplies.
ii. Florist shops, including sale of house
plants.
jj. Bicycle shops.
kk. Pet shops, excluding kennels or board of
animals.
11.
Office supplies and equipment.
Book stores, news dealers, and tobacco shops.
Sporting goods, game and toy stores.
oo. Luggage stores.
4
EATING AND DRINKING
a. Restaurant.
al. *Restaurants with drive-in or
drive-throUgh facilities when not
in conflict with the public/private
pedestrian system of the adopted
redevelopment plan.
b. Bars and cocktail lounges, excluding
adult entertainment establishments.
ENTERTAINMENT AND RECREATION
c. Public parks and recreation facilities.
d. Theaters and auditoriums, excluding
drive-in theaters.
e. Marinas, limited to the following uses:
Mooring and docking of private pleasure
craft; sale of fuels and lubricants; occupancy
of private craft as living quarters, provided
that such craft are connected to public sewer
facilities; operation of drift and charter
fishing boats and sightseeing boats; bait
and tackle shops. In addition, other uses
may be allowed at marinas in accordance with
the list of Permitted and Conditional Uses
for the CBD (Central Business District).
f. *Private recreation and amusement
facilities, including bowling alleys,
gymnasiums, and health centers.
HOTELS, MOTELS AND RESIDENTIAL
g. Hotels and motels.
h. *Multiple-family residential, time-sharing
apartments, motel apartments, and hotel apartments.
OFFICES AND FINANCIAL INSTITUTIONS
i. Medical and dental offices and laboratories.
j. Professional and business offices, excluding
offices or clinics for drug or alcohol treatment
or counseling, psychiatric treatment or
counseling, or any other type of personal
rehabilitation.
k. Veterinary offices and clinics, excluding
outdoor kennels, or keeping of animals for
purposes other than treatment, and excluding
on-site disposal of animals.
1. Financial institutions, without drive-up
tellers.
m. *Financial institutions, with drive-up
tellers.
PUBLIC AND QUASI-PUBLIC
n. Government facilities, excluding uses
which have extensive storage or maintenance
facilities', or storage or maintenance as their
principal use.
o. Churches and other places of worship,
including rectories and convents as an
accessory use.
pp. Jewelry and cosmetics stores.
qq. Optical goods and hearing aids stores.
rr. Pharmacies and drugstores.
ss. Food and grocery stores, retail
confectionaries and bakeries, ice cream parlors,
and delicatessens, excluding drive-through
facilities.
tt. *Outdoor display or sales of merchandise,
subject to the conditions set forth in Section
6.C.6. of these zoning regulations.
uu. Sidewalk sales, subject to approval by the
Community Redevelopment Agency.
SERVICES
vv. Personal service establishments.
ww. Printing, engraving, fine art studios,
photofinishing service, photographic studios
and laboratories; film and recording studios.
xx. *Funeral homes, excluding crematoriums.
yy. Business machine service offices.
zz. Coin operated laundromats, dry cleaning
pick-up, tailors and dreSsmakers, alteration
and repair of clothing or clothing accessories.
TRANSPORTATION
aaa. Public parking lots and garages.
bbb. *Bus terminals and taxi stands.
ccc. *Railroad passenger stations.
ddd. *Automobile rental, limited to rental of
new cars.
eee. *Helistops.
fff. *Private parking lots and garages,
where operated as a principal use.
2. Uses prohibited: Within the Central Business
District, no building, structure, land, or water,
or any portion thereof, shall be used for any of
the following uses:
a. Any use not specifically allowed in
accordance with Section 6.E.1. above.
b. Any use specifically prohibited in
Section 6.E.1. above.
c. Adult entertainment establishments.
d. Massage parlors.
e. Laundry or dry cleaning plants; carpet
or upholstery cleaning plant or service.
f. OUtdoor storage of any type, other than
rental ears in accordance with Section 6.E.1.
g. Sale of used merchandise, except for art
objects, jewelry, coins, quality restored
antiques, and the like, which shall be subject
to the provisions of Section 6.E.1.
h. Pawnshops.
i. Personal rehabilitation or clinics or offices,
including counseling services for same, residential
or non-residential; any residential use which
requires professional supervision, counseling,
medical or nursing care on the premises, or
access to same.
j. Automobile parts stores.
k. Wholesale establishments or distribution.
1. Storage as a principal use, or any off-premises
storage.
m. Service, repair, sales or storage of vehicles.
n. Repair shops, other than repair of clothing
and clothing accessories, except that service
and repair services shall be allowed as an
accessory use to retail sales, provided that the
floor area devoted to repair services shall not
exceed 25% of the gross floor area.
o. Temporary employment centers, operated on a
walk-in basis.
p. Rooming or boarding houses, adult congregate
living facilities, nursing homes, or any other
group housing.
q. Dry storage of boats; boat dealers; service,
repair, installation, building, rebuilding, or
customizing of boats, engines, or marine
equipment.
r. Loading or unloading of railroad freight.
3. Building and site regulations. No building,
structure, land, or water shall be erected, altered,
enlarged, or used unless in conformance with the
following regulations:
Minimum lot frontage
75 feet
Minimum lot depth
100 feet
Miminum lot area
15,000 square feet
Minimum front yard
8 feet at first floor level
None, at all other floors.
Miminum rear yard
20 feet abutting adjacent
properties at first floor
level. 8 feet abutting
street or alley at first
floor level. None, at all
other floors.
~{inimum side yard
None, for i~lterior lot
lines. 8 feet abutting
street or alley at first
floor level. None, at all
other floors.
Miminumwaterfront yard
Regardless of the orientati
of the lot or parcel, an 8
foot setback shall be
maintained frc~ a building
or structure and any
water. Waterfront setbacks
shall be measured from the
property where the body of
water is under different
6
M~ximumlot coverage
Maximnmstructure height
Multiple-family dwelling
unit density maximum
Living area minimumper
multiple-family dwelling
unit
Canopies and awnings
Movable awnings over
right-of-way
Permanent structural
projections frc~buildings
Utility lines, mechanical
equipment
ownership than the subject
property line, and measured
from the mean high water
line if the body of water is
under~ ~the same ownership as
the subject property.
75 per cent.
85 per cent for parking
garages.
45 feet, not to exceed 4
stories.
10.8 dwelling units per
Application of residential
den~ityto a parcel shall
not preclude or limit the
development of the parcel
for other uses which are
lawful under the Central
Business District
provided such developments
otherwise comply withthese
zoning re~utations.
750 square feet
Canopies or awnings for
pedestrian entrance ways,
with at least 9 feet clear,
may project to the property
line in any required yard.
Movable awnings may extend
not more than 8 feet over a
sidewalk in an adjacent
rig~t-of-way, provided such
awnmng or any part thereof
shall maintain a clear
of 9 feet above the
Such awnings extending over
rights-of-way shall be
or removed at the request
of the City.
Eaves, sills, belt course,
cornices, pilasters, and
other architectural
gutters, chimneys, and
mechanical equipment, may
project not more than 3
into any required yard,
provided that such
are lOCated within the
property lines and conform
to established Central
Business District design
guidelines.
Utility lines shall be
installed underground, and
any service equipment
above ground shall be
effectively screened.
4. Off-street parking and loading space.
a. Parking and loading space requirements.
Parking and loading space requirements and
standards shall be as set forth in Sections
ll.H., tl.I., and ll.J., of these zoning
regulations, as modified by the provisions
below.
b. Parking space calculations.
(1) Parking space requirements shall
be calculated in accordance with Section
ll.H.16, of these zoning regulations,
except that in the CBD, the number of
required parking spaces shall be reduced
by thirty-five (35%) per cent.
(2) Shared parking: When two or more
adjacent properties combine their on-site
parking and construct a shared parking
facility with common access drives, the
number of required parking spaces shall be
reduced by an additional ten (10%) per cent.
c. Location of parking spaces.
(1) No surface parking shall be permitted
in the front yard of any building along
a major public pedestrian streetscape system
as designated in the Community Redevelopment
Plan.
(2) Notwithstanding provisions of Section
ll.I., in the CBD required parking spaces
shall be owned or leased within eight hundred
(800) feet of the building to be served, as
measured along a pedestrian walkway.
(3) Lease arrangements to provide required
parking spaces shall be subject to approval
by the Community Redevelopment Agency, after
review and recommendation by the Technical
Review Board.
d. Special parking and loading space requirements.
The Community Redevelopment Agency or City Council,
consistent with the approval procedures set forth
in Chapter 19, Article V, of the City of Boynton
Beach Code of Ordinances, shall modify requirements
for parking and loading spaces, and:
(1) Require additional spaces if the
requirements are found to be insufficient.
(2) Require fewer spaces if quantitative
evidence is provided substantiating that the
requirements are excessive.
The Community Redevelopment Agency or City Council
shall take into account existing parking facilities
in the vicinity of the proposed development.
5. Landscaping. Landscaping shall be provided as set
forth in Chapter 7.5 of the City of Boynton Beach Code
of Ordinances.
6. Signs. Signs shall conform to the applicable
provisions set forth in Chapter 21 of the City of
BoyntOn Beach Code of Ordinances.
Section 4: Each and every other provision of
Appendix A~Zoning of the Code of Ordinances, City of Boynton
Beach, Florida, shall remain in full force and effect as previousl
enacted.
Section 5: Specific authority is hereby given to
codify this Ordinance.
Section 6: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 7: Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 8: This Ordinance shall become effective
inmlediately upon passage.
FIRST READING this ~/~day of ~ , 1985
SECOND READING and FINAL PASSAGE this /~ day of
, 1985.
CITY OF BOYNTON BEACH, FLORIDA
VICE MAYOR ~/
COUNCIL-~BER .........
ATTEST:
CITY CL~
(Seal)
COUNCIL MEMBER