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O83-38
AN ORDINCkNCE OF THE CITY COUNCIL OF THE CITY OF BOYNrI~N BEACH, FLORIDA, AMENDING .APPENDIX A-ZONING CODE, OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, BY AMiNDING SECTION 1. DEFINITION OF TERMS~ TO ADD Th~ FOLLOWING D~ITIONS: BULK STORAGE~ SALE, OR DISTRIBUTIflN; FABRICATION; FURNITURE MANUFACTURING; LU~.~ER STORES ~qD LU~ER YARDS; MILLWORK; ON PREMISES; RETAIL; SB~E OF GOODS; ~OLESALE; dBA; TRU~{ING, TPJkNSFER, OR MOVING OPEP~TION; AND TRUCKS, BUSSES, FARM EQUIPMZNT, OR FA/~I'I' MACH~qERY - S~ORAGE, PDP~KANG, SALE, PdKNTAL OR LEASING; BY ~NDING SECTION 4. GLNERAL s Z0N M. i. p SNS FOR uss LOCATED ~THIN.THE CITY; BY AMenDING ~CTZON 8.. M-i INDUSTRIAL :DISTRICT REGULATIONS AND USE PROVISIONS BY REPEALYNG SUBSECTION A (1). USES NEW SUBSECTION A. (5) PROHIBITED USES., BY Rt~qI~d~G FORMER SUBSECTION A. (13) BUILDING AND (4) USES ADDING A ~W TO SUBS~ION A. (7) OFF- ;: AMENDING SECTION iI~ 1. NONCONFORMING ~qG CODE BY 11.3. PI-~ SCOPE, AND REVIEW OF PERMIT ~PLICATIONS; AU ,E, A ~ILITy CLAUSE, TO CODIFY; :PROVIDING AN AND FOR OTHER PURPOSES. NOW, TW~REFOPdE BE IT ORDA~ BY THE CITY COUNCIL OF TP~ CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Appendix A-Zoning of the Code of Ordinances, City of Boynton Beach, Florida, is hereby amended by ~mending Section 1. D~fini~ion.0f Terms.to add the following terms and corresponding definitions: Section 1. Definition of terms. BDILK STORAGE, SPJ~E, OR DISTRIBUPION. 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, coranodities, or materials in units which are larger than hhe units wk~chare typically distributed or sold from the premises. Where bulk storage is not permitted all goods, conraodities, or materials shall be pre-packagedwhen received at the premises and shall be stored, sold and distributed in the same form, quantity, and units as when received at the premises. -1- FABRICATION. .~The assembly or forming of goods using finished or semi-finished materials, as opposed to the manufacture of p~imary materials. FURNITURE MANUFACTURING. M~nufacturing of furniture, cabinets, wooden vanities, household goods 'and ornaments from wood;~- also, furniture repair, refinishing, and reupholstering. LUMBER STORES'. AND LUMBER YARD'S' Sale of lumber and other building materials, inClUding cutting of finished lumber products to length or size 'for sale on premises. 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 bufldings, and turned or shaped wood products. 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. RETAIL. The sale of goods tp household consumers. For the purposes of these regulations, a re,ail establishment shall be defined~, as an establishment where not less than fifty percent (50~) of the value of goods sold on or from the premises are sold to household consumers. SALE OF GOODS. Sale~ 'rentai, or leasing of goods. WHOLESALE. Sale or distribution of goods, .commodities, or materials to customers or users 'other than household consumers For the purposes of these regulations, a wholesale establishment shall be defined~ as an establishment where more than fifty percent (50~) of the val.ue of goods sold on from the premises are sold at wholesale prices to customers or users other than household consumers. dBA. The total sound level of all noise as measured with a sound level meter using A-Weighting Network. The unit is decib~! based on a reference sound pressure of .0002 microbars. TRUCKING, TRANSFER, OR MOVING OPERATION. A use where trucking, transfer of goods, or the moving of goods or property is the princmpal 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 Code of Ordinances. TRUCKS, BUSES, FARM EQUIPMENT~ OR FARM MACHINERY--STOPpaGE, PARKING, SALE, RENTAL OR LEASING. The keeping of any trucks, buses, farm equipment_i construction machinery, or other vehicles referred to in SectiOn t.4-3(a) of the City of Boynton Beach Code of Ordinances on a premises for any length of 'time, for purposes other than the ongolng service or repair of the vehicle, ongoing deliveries reqUiring the vehicle, ongoing maintenance or construction projec'ts, or where the operator of the vehicle is registered at a licensed hotel or motel and the vehicle ~s parked on the site of a hotel or motel. Ongoing service, repairs or deliveries shall be construed to be the'keepmng 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 over-night parking on the p~emises for the duration of such a project on the premis'es, during which the vehicle is actually used. This definition shall not be construed to prohibit the parking of such vehicles as a customary accessory use to a lawful prmncipal 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 zs not prohibited elsewhere in the City of Boynton Beach Code of Ordinances. -2- Section 2: Each and every other term and definition as previously set forth in Section 1. Definition of Terms. of Appendix A-Zoning of the Code of Ordinances~ City of Boynton Beach, Florida, shall remain in full force and effect as previously enacted. Section 3: AppendiX A-Zoning of the Code of Ordinances, City of Boynn'on Beach, Florida, Section 4. General Provisions. is hereby amended to add a new Subsection M. Performance Standards. as follows: Section 4. General Provisions. M. PERFORMANCE STANDARDS. Ail uses located within the .city shall conform to the performance standards set ~orth below, and shall be constructed, maintained, and operated so as not to be a nuisance or hazard to persons, animals, vegetation, or property located on adjacent or nearby properties or rights-of-way; or to interfere with the reasonable use or enjoyment of adjacen~ or nearby property by reason of noise, vibratmon, smoke, dust, or other particulate matter~ t'oxic or noxious matter; odors, glare, heat or humidity; radiation, electromagnetic interference fire or explosion hazard, liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried out so as to create any nuisance or hazard which is violation of any applicable federal, state, county, or city law or permit, and all such laws and permits are hereby adopted as performance standards in these zoning regulations. 1. Noise. No use shall be carried out in any zoning district so as to create sound which is in violation of Section 15-8 of the City of Boynton Beach Code of Ordinances, or which, when transmitted to residential~zoned property from a non-residential zoning district or use, exceeds the limits set forth below for more than ten percent (10~) of any measurement period, which period shall be not be less than ten (t0) minutes, and which shall be measured at or within the property boundary of any residential-zoned property. Furthermore, no use shall be carried out mn any zoning district so as to create sound of any nature which is loud and obviously offensive to a reasonably prudent person' of normal sensitivity situated upon adjacent or nearby residential-zoned property. Sound level measurement shall be made with a Type 2 or better sound level meter using the A-Weighting Scale in accordance with the standards promulgated by the American National Standards Institute (ANSI). Maximum Permissible Levels for Sound for Transmitted to Residential-Zoned Property from a Non-Residential Zoning District or Use Noise Source Mechanical Equipment which is Permanently Affixed to Real Property All Other Sources Time Any Time 7 AM to 11 PM Sound Level Limit 60 dBA 60 dBA 11 PM to 7 AM 55 dBA In all cases where %he provision set forth above conflict with Section 15-8 of the City of Boynton Beach Code of Ordinances, the provisions of Section 15-8 shall govern. -3- The prov±sions of this paragraph shall not apply at any time to the following: a. Sound emitted from the operation of motor vehicles legally operating on any public right-of-way which are regulated by Chapter 316, Florida Statutes, Uniform Traffic COntrol Law, provided, however, that this exemption shall not apply to any sound emitting device which may be Physically attached to any motor vehicles, such as radios, 'amplifiers, loud speakers, or other similar devices. b. Any noise generated by interstate motor and rail carriers, and aircraft or airport operations. c. Any noise generated as a result of emergency work or for the purpose of alerting persons to the existence of any emergency. d. Any noise generated by any public speaking or public assembly activities conducted on any public space or public right-of-way pursuant to lawful authority, including sporting events. e. Noise generated by domestic power tools, or lawn mowers and agricultural equipment, between the hours of 7:00 A.M. to 11:00 P.M. f. Any noise operated by activity, machinery, or equipment referred to'in Section 15-8 (j) of the City of Boynton Beach Code of Ordinances, provided that such noise otherwise conforms to Section 15-8 (j). 2. Vibrations. No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible' without instruments at any point at or beyond the p~operty lines of the property on which the use is located. 3. Smoke, dust, dirt, or other particulate matter. No use shall be carried out within any zoning district so as to allow the emission of smoke, dust, dirt, or other particular matter which may cause damage to property or vegetatioh, discomfort or harm to. persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or'beyond the property lines of the property on whiCh'the use is located. Furthermore, no use shall be carried out so as allow the emission of any substances in violation of any federal, state, county, or city laws or permits governing the-emission of such substances. 4. Odors and fumes. No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all non-industrial districts, the standards contained in this paragraph.~shall apply where the district abuts any residential district. 5. Toxic or noxious matter. No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or pr~event the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located~ or to contaminate any public waters or any groundwater. -4- 6. Fire and explosion-hazards. No use shall be carried out mn any zoning district so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any persons or property thereon'. Furthermore, the storaget use, or production of flammable or explosive ~materials shall be in conformance with the Provisions of Chapter 9 of the City of Boynton Beach Code of:ordinances. 7. Hea.t~ humidity, or glare. No use shall be carried ou~ in any zoning district'so as to produce heat, humidity, or glare which is readily~percep~ible at any point at or beyond the property line of the property on which the use is located. Artificial light'ing, which is used to 'illuminate any property or use shall be dizected away from any ~esidential use which ~s a conforming use according to these zoning regulations, so as not to create a nuisance to such residential uses. 8. Liquid waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity, or manner which is not in conformance with the provisions of Chapter 26 of the City Of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits. 9. Solid waste. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinancest °r'which would cause solid waste to be transferred mn any manner to adjacent or n~e:a, mhy. property or rights-of-way. 10. Electromagnetic interference. No use shall be carried out mn any zQning districY so as to create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and pr.oper design as defined by ~he principals and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermor.e,. no use shall be carried out mn any zoning distri~Ct so as to cause electromagnetic radiation which does not comply With the' Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. Section 4: Each and every other provision of Appendix A-Zoning, Section 4. General Provisions. A - L as previously enacted, shall remain in full force and effect. Sect~ion 5: Appendix A-Zoning-of the of Boynton Be~'ch, Florida, Section 8. District Regulations and Use Provisions. Code of Ordinances, M~i Industrial A. Mml Industrial District (1). Uses Permitted and (2) Uses Pmohibited, are hereby repealed in themr entirety. Section 6: Appendix A-Zoning. Section 8. M-1 Industrial District Regulations and Use Provisions. A. M-1 Indusnrial District. is amended by adding a new ~ubsection (]) Permitted Uses _ No Distance Requirement. as follows: -5- SECTION 8. M-1 industrial district regulations and use provisions. A. M-1 INDUSTRIAL DISTRICT. 1. Permitted uses--no distance requirement. Within any M-1 induStrial district, no building, structure, land or water, or any part thereof shall be erected, altered or used, in whole or in part, for other than one or more of the following specified uses, provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8~A.2., would require an Environmental Review Permit under Section 8.A.3., would require Conditional Use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the proviszons of those Sections, where applicable. No distance requirement other than district setback regulations shall apply for the following uses: Manufacturing, fabrication, and processing as follows: (1) Bakery products. (2) Ice and dry ice. (3) Textile products, apparel, and clothing accessories, manufactured from purchased fabric and materials, excluding spinning, weaving, knitting, dyeing, or treating of textile mill products. (4) Sailmaking and canvas goods, including retail sale of goods manufactured on premises. (5) Leather cutting and stamping~ fabricated leather products. (6) Furniture, cabinets, and wood fixtures, with, gross floor area of shop not greater than two-thousand (2,000) square feet. (7) Blind, shutter, shade, and awning fabrication from wood, plastic, fabric, canvas, or finished metal pieces. (8) Converted paper and paperboard products, limited to cutting, stamping, folding, laminating, lining, coating, and treating of purchased paper, paperboard, foil, sheet, or film materials. (9) Stone cutting and finishing. (10) Statuary~ ornaments, end art goods. (1I) Glass and glass products. (12) Ceramic, pottery, and porcelain products, using only previously pulverized clay, and using kilns fired only by electricity or gas. (13) Investment casting. (1%) Machinery, equipment~ appliances, parts, and tools, limited to assembly of finished parts and materials. (15) Electrical and electronic goods, limited to assembly of parts and-materials. (16) Plastics, rubber, or fiberglass products, limited to cutting and assembly of parts and materials. (17) Precision instruments, optical equipment, photographic equipment, and clockwork devices. (18) Medical and dental equipment. (19) Household goods and other small items such as jewelry, articles, toys, goods, musical i and art supplies novelties, ornan flatware. lapidary goods~ personal 5musement devices, sporting ~struments; stationary, office, advertising specialties, ~nts, notions, cookware, and (20) Fruit packi lg and shippmng. (21) Artist and .~raftsman shops, excluding retail display or sales on premises. -6- Commerc±al servmces as follows: (1) Industrial, commercial, office and professional equipment-,service, repair, and rebuilding, excluding uses specifically prohibited in Section 8.A.5. (2) Household goods--service, repair, and rebuilding, excluding display or sale of any new, used, or rebui'lt merchandise at retail on premises, unless specifically allowed in accordance with Sections 8.A.l., 8.A.2., 8.A.3., or 8.A.4. (3) Furniture and antique upholstery, covering, and repairing. (4) Steam and pressure cleaning services. (5) Septic tank, sewer, and drain cleaning and repair services, excluding storage, treatment, transfer, dumping, or disposal of waste on premises, provided that trucks used for the transport of waste shall be parked and stored in confOrmance with the minimum distance requirement specified in Section 8.A.2. (6) Packaging and labeling services, excluding handling of materials prohibited in Section 8~A.5. (7) Lawn, garden, and tree maintenance servIces; landscaping contractors. (8) Recording and motion picture studios. (9) Catering and food services. (10) Data processing services. (i1) Research and development laboratories. (12) Commercial testing laboratories. (13) Medical and dental laboratories. Storage, distribution, and wholesale uses-- retail display and sales shall be prohibited unless specifically allowed in Sections 8.A.l., 8.A.2., or 8.Ao3. (1) Warehouses, mini-warehouses, storage lockers, and cold storage, excluding uses specifically prohibited in Section 8.A.5. (2) Industrial, commercial, office. professional, and business machinery, equipment, fixtures, tOols~ and supplies, excluding uses specifically prohibited in Section 8.A.5. (3) Household goods--storage, wholesale and distribution only.; retail display or sales shall be prohibited unless specificalIy allowed in accordance with Sections 8.A.l., 8.A.2., 8.A.3., or 8.A.4. (4) Building materials, home improvement stores, lumber, door and window hardware, shades, shutters, blinds, and awnings; fencing, roofing, flooring, carpeting, tile, hardware, tools, paint, wallpaper, shelving, cabinets, furniture, partitions, kitchen and bathroom fixtures, pools and spas~ glass and mirrors, plumbing and electrical supplies, and the like, including retail sales. (5) Finished concrete, brick, clay, and stone building and paving materials; sewer and water pipe, and culvert--storage, distribution, wholesale or retail sales. (6) Pumps, generators, motors, fire protection equipment, and irrigation equipment, including retail sales. (7) Heating, cooling, ventilating, refrigeratioi solar energy, water conditioning and heating systems and equipment, and major appliances, including retail sales. (8) Pre-fabricated sheds, including retail sale. -7- (9) Nurseries, greenhouses, lawn and garden equipment, tools, and supplieS, including retail sale. (10) Monuments and gravestones, including retail sales. (11) Feed and farm supplies, excluding uses specifically prohibited in Section 8.A.5. (I2) Trucks, buses, farm equipment, construction machinery, and utility trailers, including retail renting and sales. (13) passenger vehicles,' boats and pick-up trucks, excluding any retail sales or display, and excluding the keeping of vehicles in violation of Chapter 9, Article III of the City of Boynton Beach Code of Ordinances. (14) Automobile, vehicle, .and boat parts~ accessories, furnishings, and supplies-- retail sales or display shall be prohibited as a principal use and shall be permitted only as an accessory use to repair, service, rebuilding, or installation services, where such services lawfully exist. (15) Mobile homes, limited, to areas west of Interstate 95. (16) Ice and dry ice, including retail Sales. d. Transportation, communication, utilities, and miscellaneous uses as follows: (1) Utilities, communications facilities, government, and public utilities shops and storage areas, police and fire stations, excluding uses specifically prohibited in Section 8.A.5. (2) Package express and messenger service. (3) Railroad switching yards, freight stations and terminals, storage facilities, and shops. (4) Recycling pick-up facilities for paper, glass, and cans from households. (5) Trade and industrial schools. (6) Radio or microwave receivers or transmitting towers, as an accessory use to a lawful principal use. Section 7: Appendix A-Zoning. Section B. M-1 Industrial District Regulations and Use Provisions. A.. M-1 Industrial District. is hereby amended by adding a new Subsection (2). Permitted Uses - Subject to Distance Requirement. as follows: 2. Permitted uses--subject to distance requirement. Within any M-1 industrial district, no building, structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part for any of the following uses, unless a minimum distance of three-hundred (300) feet is maintained between the use and residential- zoned property. Said distance shall be measured along a straight airline rou~e from the property line of residential-zoned property to the building of portion of the lot where the specified use is located, except that those portions of the lot or structure which are located within the minimum distance may be used for lawful uses other than the uses listed below~ subject to district building and site regulations. -8- Any use or process that would require an Environmental Review Permit under Section 8.A.3., would require Conditional Use approval' under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those Sections, where applicable. a. Manufacturing, fabrication, and processing as follows: (1) Plastic products~ limited to forming of plastics materials, inclUding compounding of resins. Establishment of such uses within the minimum distance requirement specified above shall require an Environmental Review Permit. (2) Rubber products, limited to forming of rubber materials; excluding tire and innertube manufacturing and rubber reclaiming. Establishment of such uses within the minimum distance requirement specified above shall require an Environmental Review Permit. (3) Machine shops, welding and metalworking shops, tinsmiths~ sheet metal fabrication~ blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use. Establishment of such uses within the minimum distance requirement specified above shall require an Environmental Review Permit. b. Other uses as follows: (t) Asphalt pavmng, patching, roofing, and sealcoaqing, excluding asphalt and ~ar plants. (2) Building cleaning and janitorial services~ swimming pool maintenance services. Establishmen~ of such uses within the minimum distance requirement 'specified above shall require an Environmental Review Permit. (~) Sandblasting on premises. (4) Bulk storage, distr±bution, wholesale or retail sale of topsoil~ lime~ gravel, limerock, shellrock, coal~ minerals, crushed rock~ sand, cmnders~ fertilizer~ and the like, limited to an accessory use to a building materials store, garden shop, nursery, contractor, or other lawful principal use. (5) Trucking and transfer~ and moving operations. (6) Contractors, operative builders, and trade con~ractors shops and storage areas. Establishment of such uses within the minimum distance requirement specified above shall require an Environmental Review Permit. (7) Parking or storage of trucks used for the transport of septic tank waste or other liquid wastes. Section 8: Appendix A-Zoning of the Code of Ordinances, City of Boynton Be~ch, ~lorida, Section 8. M-1 Industrial District Regulations and Use Provisions. A. M-1 Industrial District is hereby amended to add a new Subsection (3). Uses Requiring Environmental Review Permit. as follows: -9- 3. Uses requiring Environmental Review Permit. Within any M-1 industrial district~ no building, structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part, for any of the following specified uses, unless an Environmental Revzew Permit is secured in accordance with the standards and procedures set forth in Section 11.3; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require Conditional Use approval under Section 8.A.4., or would be prohibited under Section 8.A~5. ishall fully comply with the pmovisions of those Sections, where applicable. a. Manufacturing, fabrication, amd processmng as follows: (1) Dairy products. (2) Canned, frozen, or preserved food. (3) Beverages and bottling. (4) Confections. (5) Prepared meat, seafood, and poultry products. (6) Ail other food products, not specifically permitted in Section 8.A.1. or prohibited in Section 8.A.5. (7) Furniture, cabinets, and wood fixtures, with gross 'floor area of shop of greater than two thousand (2,000) square feet. (8) Pri'nting, publishing, bookbinding, engraving, and allied industries. (9) Pharmaceuticals and biological products. (10) Cosmetics. (11) Plastmcs products, limited to forming of plastics materials, including compounding of resins, where such uses would be established within the minimum distance requirement specified in Section 8~A.2. (12) Rubber products, limited to forming of rubber materials, and excluding tire and innertube manufacturing and rubber reclaiming--where such uses would be established within the minimum distance requirement specified in Section 8.A.2. (13) Fiberglass fabrication and repair, including fiberglass boat fabrication and repair. (14) Machine shops, welding and metalworking shops, tinsmith, sheet metal fabrication, and blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use-~where such uses would be established within the minimum diStance requirement specified mn Section 8.A.2. (15) Electrical and electronic, goods involving processes other than assembly of parts or materials. (16) Vehicles, transportation equipment, and boats; farm and construction machinery.. (17) Mobile homes, provided that such uses shall be located west of Interstate 95. (18) Plated ware manufacture; industrial electroplating and anodizing as either a principal or accessory use; replating shops. (19) Chemical cleaning and etching of metals, limited to an accessory use to a lawful principal use only. -10- Commercial services and connractors, as follows: (1) Concrete Contractors and pumping service, excluding concrete plants. (2) Contractors~ operative builders, and trade eontraeto~si~'~hops..~dlsto~ge.~.ameas_~whe~e~dh uses would be established within the minimum distance requirement specified in Section 8.A.2. (3) Automobiles, buses, trucks, and other motor vehicles~ construction and farm equipment~- service, repair, rebuilding, and storage, excluding the keeping of vehicles in violation of Chapter 9~ Article III of the City of Boynton Beach Code of Ordinances, and excluding automobile service stations selling motor fuels at retail. (4) Boat storage, service, repair, rebuilding, and customizing~ (5) Furniture cleaning, stripping, and refinishing. (6) Exterminating, fumigating, and disinfecting services. (7) Print shops, photographic laboratories, commericial photography, commercial art~ silk screening, lithography, typesetting~ and bl~ueprinting services° (8) Uniform, towel, and linen supply services; industrial launderers; laundry and dry-cleaning plants, excluding retail pick-up and drop-off on premises; carpet and rug cleaning plants. (9) Tire recapping. (10) Building cleaning and janitorial services and swimmi'ng pool maintenance services, where such uses would be located within the minimum distance requirement specified in Section 8.A.2. c. Storage, distribution, wholesale, and other uses-- retail display and sales shall be prohibited unless specifically permitted below or elsewhere in this Section~ (1) Petroleum and petroleum products, including solvents and liquified petroleum gas--bulk or non-bulk storage~ sales, or distribution. (2) Chemicals, pesticides, and herbicides~ excluding bulk storage, bulk sales, or bulk distribution. (3) Bulk or non-bulk wholesale or retail sale of solvents and cleaning preparations, including formulating of cleaning preparations for sale on premises. (4) Industrial and medical gases--bottled or bulk storage, sales or distribution, excluding chlorine, fluorine~ ammonia, hydrogen sulphide~ sulpher dioxide, or toxic gases. (5) Temporary amusement parks and rides, fairs, carnivals, circuses, and revivals, provided that all such uses shall have a minimum frontage of two h~ndred (200) feet on a collector or arterial road and the major access thereto~ and that the durati~on of any such use shall not exceed fourteen (14) consecutive days within, any one (1) year period. -ii- Section 9: Appendix A-Zoning of the Code of Ordinances, City of Boynton Beach, Florida, Section 8. M-t Industrial District Regulations and Use Provisions. A. M-1 Industrial District is hereby amended to add a new Subsection (4). Conditional Uses. as follows: 4. Conditional uses. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered, or used, in whole or part, for one or more of the following uses, unless a Conditional Use approval is secured according to the standards and procedures set forth in Section 11.2 of these zoning regulations: provided~ however, that any use or process that would be subject to a minimum distance requirement under Section 8.A..2, would require an Environmental Review Permit under Section 8.A.3., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those Sections, where applicable. a. Millwork and truss plants, provided that such uses conform to the minimum distance requirement specified in Section 8.A.2. b. Commercial teievlsion, radio, and microwave broadcasting or relay towers. c. Arenas, stadiums, frontons, convention and exhibition halls, and racetracks, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a col.lector or arterial road, and shall have the major access thereto. d. Helistops, limited to an accessory use to a lawful principal use. Section 10: Appendix A-Zoning of the Code of Ordinances, City of Boynton Beach, Florida, Section 8-M-1 Industrial District Regulations and Use Provisions. A. M-1 Industrial District is hereby amended to add a new Subsection (5). Prohibited Uses. as follows: $. Prohibited uses. Within any M-1 industrial district, no building structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part, for any use not specifically allowed in accordance with Sections 8.A.l., 8.A.2., 8.A.3., or 8.A.4. of these zoning regulations, or for any of the following expressly prohibited uses: a. Manufacturing, fabrication, processing, and extraction as follows: (1) (2) (3) (4) (5) Grain and feed products; crop processing. Vegetable fats and oils. Distilling and brewing. SeafOOd processmng. Meat packing and poultry dressing. (6) Stockyards and feeding pens; keeping, raising, or slaughter of livestock, horses, or poultry. (7) Rendering of animal or marine fats, oils, and other products~ use of unprocessed bones, fat, hOoves, horns, or other unprocessed animal products for the production of glue, soap, lard, oils, or fertilizer. -12- (8) Sugar processing and refining. (9) Commercial production of field or tree crops. (10) Leather tanning, curing, finishing, and coloring; storage of raw hides or skins. (11) Tobacco processing and tobacco products manufacturing. (12) Weaving, spinning, knitting, dyeing, or treating of textile mill products. (13) Pulp mills; paper and paperboard mills; converted paper and paperboard products not specifically permitted in Section 8.A.l.a. (8) of these zoning regulations. (14) Chemicals and allied products not specifically allowed elsewhere in this Section. (15) Wood preserving, pressure treating, and drying. (16) Fertilizer, pesticides, herbicides, and agricultural chemicals. (17) Explosives, ammunition, matches, and fireworks. (18) Petroleum refining. (19) Petroleum, asphalt, tar, and coal products. (20) Plastics--manufacturing of resins, primary plastics materials, synthetic rubber, cellulose, and synthetic fibers. (21) Rubber--manufacture of primary rubber materials, tires and innertubes, and rubber reclaiming. (22) Soaps, detergents, and cleaning preparations-- other than mixing or blending. (23) Paints, varnishes, lacquers, enamels, and allied products--other than mixzng or blending. (24) Cement, concrete, gypsum, lime, and plaster manufacture, and products made therefrom, other than those uses specifically permitted in Section 8.A.l.a. (.25) Brick, firebrick, terra cotta, clay pipe, structual clay tile, and refractories. (26) Asbestos products. (27) Processing of rock, sand, gravel, shellrock, limerock, mineral earths, and the like, (28) Primary metals manufacturing; smelting, refining, mills, furnaces, and foundries, except as specifically allowed mn accordance with Sections 8.A.1., 8.A.2., or 8.A.3. (29) Drop forging. (30) Chemical cleaning or etching of metals as a principal use, or any chemical descalinq of metals. (31) Coal or coke fired kilns and furnaces; coke ovens. (32) Mining or quarrying, including removal of rock, sand, muck, marl, soil, gravel, or shellrock, except as incidental or necessary for construction on the premises. (33) Aerosol filling and packaging. (34) Liquid, oil, or chemical electric transformers- manufacture or rebuilding. bo Storage, distribution, wholesale, retail, and services, as follows: (1) Any retail display or sale, not specifically allowed elsewhere in this Section. (2) Farmers' markets. (3) Flea markets, sales bazaars, swap shops, trading posts, and the like~ sale or display of used retail merchandise, other than completely rebuilt or refinished merchandise where such uses would be allowed in accordance with Section 8.A.1. -13- (4) Crematoriums and the like. (5) Explosivesf. ammunition, matches, and fireworks (6) Bulk storage, bulk distribution, or bulk sale of chemmcals and allied products. (7) Compressed chlorine, flourine, ammonia, hydrogen sulphide, sulfur dioxide, or toxic gases. (8) Bulk storage, bulk sale, or bulk distribution of pesticides, herbicides, or agricultural chemicals. (9) Offices or restaurants, except as an accessory use to a lawful principal use. _(10) Agricultural fertilizing, and chemical pest, disease, weed, or soil treatment services. (11) Truck stops or automobile service stations. (12) Boarding kennels; guard dog kennels and trainmng servmces. (13) Any open storage or display, unless adequately screened. c. Transportation, communication, utilities, and miscellaneous uses as follows: (1) Chemical and toxic waste storage or disposal~ tank truck cleanmng. (2) Land fill operations. (3) Airports, airfields, and landing strips. (4) Heliports. (5) Residences and trailer parks; use of vehicles or house trailers as living quarters. (6) Storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials, except as specifically allowed elsewhere mn this Section. (7) Recycling sorting or processmng facilities. (8) Animal disposal facilities. (9) Incinerators of any type. Sectfon ~1: Appendix A-Zoning of the Code of Ordinances, City of Boynton Beach, Florida, Section 8. M-1 Industrial District Regulations and Use Provisions. A. M-1 Industrial District is hereby amended by renumbering Subsection (3). Building and Site Regulations: to Subsection (6). Building and Site Regulations. Ail terms and provisions of said Subsection shall remain in full force and effect as previously enacted. Section 12: Appendix A-Zonmng of the Code of Ordinances, City of Boynton Beach, Florida, Section 8. M-1 Industrial District Regulations and Use Provisions. A. M-1 Industrial District is hereby amended by renumbering Subsection (4). Off- Street Parking: to Subsection (7). Off-Street Parking. Ail terms and provisions of said Subsection shall remamn in full force and effect as previously enacted. -14 Section 13: Appendix A-Zoning of the Code of Ordinances, City of Boynton Beach, Florida, Section 11.t. Non-conforming Uses and Structures. * is hereby amended by adding a new Subsection I. Status of Existing Uses Requiring Environmental Review Permits as follows: SECTION 11.1 Noncomforming 'Uses and Structures. I. STATUS OF EXISTING USES REQUIRING ENVIRONMENTAL REVIEW PERMITS. Any use or structure in lawful existence at the time of adoption or amendment Of these zoning regulations which would thereafter require an Environmental ReView Permit approval under its provisions .shall be construed to be a non-conforming use. Such uses or structures may become conforming upon applfcation, review, and approval of an Environmental Review Permit, according to the standards and procedures set forth in these zoning regulations for Environmental Review Permits However if approval of an Environmental Review Permit is not granted for such use or structure, then it shall-continue to be cOnstrued as nonconforming. Any enlargement, increase, extensIon, or intensification of a use or structure which would require~ an Environmental Revmew Permit shall require such approvaI as if it were a new ~use or structure. Any alteration or movement of such use which the Building Official finds does not enlarge, increase, extend, or-intensify the use shall not require an Environmental~ Review Permit, but shall conform to all other applicable provisions of the City of Boynton Beach Code of Ordinances. Section 14: Each and every other provision of Appendix A-Zoning of the Code of Ordinances, City of Boynton Beach, Florida, Section 11.1. .Non-Conforming Uses and StructureS. A - H, shall remain in full force and effect as previously enacted. Section 15: Appendix A-Zoning Code Of the Code of Ordinances, City of Boynton Beach, Florida, is hereby amended to add a new Section 11.3 Environmental Review Permits. as follows: Section 11.3 Environmental Review Permits. A. SCOPE. Where zoning district regulations indicate that a use may be allowed subject to obtaining an E~vzronmental Review Permit, the p~ocedures, requirements, and standards set forth in this Section shall apply. B. INTENT AND PURPOSE. Those uses which require an Environmental Review Permit in a zoning distmict are uses which would be appropriate in the particular zoning district only upon findings by the EnVironmental Review Committee to the effect that.the establishment or.the use in a particular manner on a specific site would not consti or hazard, would not impair the fun or public services, would not impai or development of adjacen5 or nearb impair the-general appearance, comf order, health, ~moral-s, prosperity,' -15- 5ute an unreasonable nuisance 2tioning of any infrastructure the use, enjoyment, value, property, and would not Drt, convenience, good safety, or general welfare of the city or the public. Such uses may be alloWed upon the Submission., review, and'approval.of an application for an Environmental Review Permit% according to the standards, requirements, and procedures set forth in this SectiOn. C. PROCEDURES. Any person, firm, or corporation owning property'within the City of Boynton Beach, or intending to Operate a 'use thereupon, and desiring to Obtain an Environmental Review Permit for the use of such property, shall proceed in the following manner: 1. The~owner.shalt submit an application to the City .Planner, on the forms prescribed by the City Planner. Data and plans Contained in or accompanying th~ application may be far ~t~e maximum anticipated extent of the project or any characteristic thereof, and approval of an Environmental'Review Permit shall be for any extent of the project, up to and including the maximum approved. A single application and application fee may include one or more uses requiring an Environmental Review Permit, provided that all such uses are located on the same premises or property, All applications shall contain, at a minimum, the following information: a.Name of the project. b. Name, address, and telephone number of the owner, applicant, and agent. c. Authorization, by the owner, of any person other than the owner to sign the application, to be provided in writing and attached to or contained in the application. d. Statement of the applicant's interest in the property. .e. Street address' or location of the site. L · f. egal d~scr~zption of 'the site. ~g. Intended use(s) of the site. h. Names o~ all persons who prepared the documents and plans a~companying the application, including the architect, %andscape architect, site planner, engineer, surveyor, and traffic engineer. Zoning district. Area of the site, in acres and square feet. k. Total floor area, and floor area to be devoted to each use. 1o Maximum height of structures on site, in feet and stories. 2. The following information and showings shall be contained on the plans or documents, provided in six (6) copies,~ accompanying the EnVironmental Review Permit application~ The applicant shall have the option of stating that any of the information or showings listed below is not provided, if the Environmental Review Committee finds that such information or showings are nonessential. a. Boundaries and dimensions of the parcel. b. Numerical scale, graphic scale, north arrow, and date. c. Adjacent land uses and zoning districts. d. ~oning district setback lines on the site. Pavement edge and/or right-of-way lines for all streets, all.eys, sidewalks, turn lanes, driveways, and unmmproved rights-of-way, within one hundred (100) feet of the site; also, names of adjacent streets and rights-of-way. f- Location of all proposed structures, and any existing structureS that are to remain on site. g. Setback "of all structures from property lines.. h. Use of each structure, indicated on the site plan. i. Indication of the height and number of stories of each~structure. -16- j. General floo~ plans for all structures, including indication of all window and door openings and their sizes. k. UseS within ~each structure, indicated on floor ~ plans. 1. Uses outside of structures, and approximate exnent, indicated on the site plan. m. Location of walls, fences, and hedges, including their height and materials. n. Information regarding form of ownership ~(condominium, fee simple, lease, etc.) o. Location of .existing'utility lines on or adjacent to the property indicated on the site plan. Also~ location of existing fire hydrants on or within three hundred (300) feet of the site. p. Location of additional fire hydrants, to meet standards set forth in Article .X, Section 16 of the Subdiviszon and Platting Regulations. q. Fire flOw calculations justifying tine size for both on and off-site water lines, if new water lines or fire hydrants are required. r. Schematic engineering drawings for proposed utilities as per City specifications. s. General location of Offmstreet parking and loading facilities and number of parking and loading spaces; also, location of entrance driveways and interior driveways. t. Description of machinery, tools, and processes to be used on the premises. u. Description of any potentiall~ flammable, exploSive, toxic, ~noxious, or otherwmse hazardous or offensive materials to be transported to and from the site, including .methods~of transport and transfer, and maximum quantities. Also, description of any such maLerials to be stored, used, and produced on site, including maximum quantities. v. General description of~'solid waste that would be produced; specific description of any flammable, explosive, toxic, noxious, or otherwise hazardous or offensive solid waste, including maximum quantities and methods of disposal. w. Description of potential nuisances and hazards', including odors, heat, glare, radiation, noise, vibration, smoke, dust, dirt, toxic or noxious matter, fire and explosion hazards, and electromagnetic fnterference, and plans for prevention or abatement of such nuisances and hazard'S. x~ Description of quantity of flow and rates of discharge, and analysIs'of liquid waste consistent with Section 26r81 of the City of Boynt.on Beach Code of Ordinances, and any plans~for pretreatment, control over quantities and rates of discharge, or payment to cover the added cost of handling and treating the wastes. y. Plans for emergencies including fire,, explosion, and escape of toxic, flammable, radioactive, or otherwise hazardous materials, where such hazards would exist on the premises~ z. Any other engineering and/or technical data, as may be required by the Environmental Review Committee to determine compliance with the provisions of the City of'Boynton Beach of Ordinances, and the intent and standards set forth in this Section. 3. '~Application fe~ No application for an Environmental Review Permit shal~ be accepted or processed' unless, a fee as required below ~s paid to qbe City at the time the application iS submit%ed. Said fee shall be paid in addition to any othe~ fees which may be required for approval of the pr6ject.~ ! . -17- a. If the floor area of the specific usels) requiring an Environmental Review Permit, exclusive of accessory uses that do not require such permit, would not be greater'than one.thousand (~l~0,00)- ~q~i~' ~' feet, the application fee shall be one-hundred dollars ($tg0). b. If the floor area' of the specific use(s) requiring an Environmental Review Permit, exclusive of accessory uses that do not require such permit, would be ·greater than one-thousand (1,000) square feet~Jbut not greater-than'five-thousand (5,000) square feet, the application fee shall be·two-hundred dollars ($200). c. If the floor area of.the specific use(s) requiring an Environmental Review Permit, exclusive of accessory uses that do not require such permit, would be greater than five-thousand [5,000) square feet, the application fee shall be three-hundred dollars ($300). 4. Environmental Review~ Committee--establishment and composition. An Environmental Review Committee for the review and approval Of applications for Environmental Review Permits is hereby established, which shall consist of the Building Official, the Utilities Director, the Public Works Director, the Fire Chief, %he City Engineer, and the City Planner, or their duly authorized representatives, and any other persons that the City Manager may designate as members of the Environmental Review Committee, either permanently or with respect to a particular application. 5~ Duties of Environmental Review Committee. The Environmental Review Committee shall review every application for an Environmental Review Permit, in order to coordinate the technical advice and expertise of the members of the Committee, to ensure compliance with'~he atandards, requirements, and procedures of this Section, and to ensure compliance with alt applicable provisions of the City of Boynton Beach Code of Ordinances. 6. Environmental Review Permits and other use or development permits. No building permit or occupational license shall be issued~ and no site plan as set forth in Chapter 19~ Article II Shall be approved, or any other use or development permit or approval shall be granted, for a use requiring an EnvirOnmental Revmew Permit, until an Environmental Review Per'mit has been granted. Site plan review may proceed Simultaneously with review of an Environmental Review Permi%~ application, and plans and documents submitted for review of an Environmental Review Permit ma~ also be used for site plan review, provided, however, i that in all cases approval of the Environmental Review Permit shall preced~ approval of the site plan. 7. Environmental Review Perm±ts and state pollution control regulatiOns and permits. In the event that state regulations or permits Would apply to emission~ of pollutants from a use, such regulations and-permits shall govern in· all cases, provided that an Environmental Review Permit is granted for the use.. Where the level of pollut~ discharge which would be lawful under state regulations and permits~wo~ld not meet the standards set forth in Section ll.3.D., such use shall not be granted an Environmental Review Permit. In no case sha~l the issuance of an Environmental Review Permit be construed to relieve the applicant from complying with or obtaining applicable federal, state, or county regulations or permits of any type. -18- 8. Review prOced~ure. In the review of applications for Environmental Review Permits, members of Environmental Review Committee shall make written comments as to the desirability of. the use described in the application locating on the site proposed, and modifications that are recommended to the proposed use and development of the property in order to meet the standards set forth in Section ll.3.D. No application shall be considered to be approved'until all members of the Environmental ReView Committee have approved the application. The Environmental Review Committee may/impose any cOnditions and .safeguards necessaryi'to~ensure compl'ian'ce with the standards set forth mn 'Section ll.3.D, and Shall not approve any application for an Environmental Review Permit that does not comply with such standards. The .Environmental Review Committee may disapprove ~any application in whole or in part, or any characteristic of the' use described~therein, which does not comply with Such standards. The COmmittee shall designate a secretary who shall be responsible for recording the findings of the Committee'with respect to the conformance of. the application with the standards set forth in Section ll.3.D., insofar as Such findings are grounds for disapproving or~requiriDg modifications to the application, and any specific m~di~fications which are to be imposed on the application. The secretary shall notify the ~." applicant in writing of such findings, and any conditions~ safeguards, limi~ati0ns, ~ modifications which are required. Such notification, if the application is approved, shall constitute'the Environmental Review Permit. 9. Actions by the Environmental Review Committee. The Environmental Review Committee, after review of the application, shall take one of t'he following actions: Approve the application as submitted; b. Request additional information and/or modifications to the application before further action on the application is taken; or Disapprove the application. No application for an Environmental Review Permit shall be approved until it has been' approved in'its final form by the Environmental Revmew COmmittee without requiring further information or modifications. 10. Presence of applicant at review. The applicant or his agent may be present at the review of the application or any subsequent review of the permit.by the Environmental Review Committee. The Committee or any member thereof may require ~he attendance of the applicant or his agent for the review of'-the application or permit. Failure of the applicant to attend when requested to'do so shall negate the provisions of. Section 11.3.C.11. 11. In the event that the Environmental Review Committee fails to review the application and act on the application as set forth in 11.3.C.9. within thirty (30) days after the application is received and accepted by the City Planner, the application for Environmental Review Permit shall be deemed to be approved as submitted. Upon written request by the applicant, and with the approval of the Environmental Review Committee, the time limitation specified above may be extended for a specified period of time. Where time li~itati°ns would be in effect both for action by the Environmental Review Committee and for other use or development permits or approvals, only the time limitations for action by the Environmental Review Committee shall be in effect until the Committee takes final action on the application. -19- 12. Permit conditions. The application form and all accompanying, plans, papers, and.documents shall be considered to be the application for the purposes of this Section. The application as approved in its final form by the Environmental Review Committee shall be considered to be the conditions 'of the Environmental Review Permit which is subsequently granted. No building permit, occupational liCense., site plan approval, or other use or development permit or approval shall be issued that does not fully comply with all permit conditions. No changes in permit conditions shall be made except in accordance with Sections i1.3%C.15, or 11~3.C.16. 13. Expiration of Environmental Review Permits; time extensions. a. In the event that an application for a building permit has not been received and accepted by the Building Department within one (1) year, or in such cases that a building permit' is not required, an occupational license has not been issued, wi'thin one (1) year from the date of final approval of the Environmental Review Permit application, the .permit shall beCOme null and void. In cases where subsequent approval of a site plan under Chapter il9, Article II is required, the time limitation specified in this paragraph shall be measured from the date of final approval of ~he site plan. One or more time extensions for a period not to'exceed one (1) year each may be granted by the Environmental Review Committee. Such time extensions shall be accompanied by findings by the Committee that good cause, as defined in Section 11.3~C.16., does not exist for disapproval of the time extension or modification of the permit conditions. Where such-time extension has been granted the Committee may except the Environmental Review Permit from any amendments to the City of Boyn~on Beach Code of Ordinances which had been adopted since the date of final approval of the permit, for a single period not ~o exceed one (1) year. Where such exception has not been granted, th~ time extension shall not be g~anted, the time extension shall not be approved until,-a revised application, showing conformance to the particular section(s) of the Code, has been submitted to and approved by the Committee. No application fee shall be 'required for an application for time extension; however, if such time extension is denied, then any new application shall require a fee,' and shall be processed as if it were.a new application. b. A permit shall also expire if surrendered by the permit holder or if the use which-is permitted ceases fqr ~ny reason, except when government action impedes access to the premises, for a period-longer than three-hundred and sixty-five' (365) consecutive days, or the same number of total days in any three (3) year period. 14. Suspension or revocation of Environmental Revmew Permits. a. Environmental Review Permits shall be effective until suspended~ revoked, surrendered, or expired. b. An Environmental Revmew Permit~ shall not become a vested propersy right~ in the permit holder or the premises on which the use-is located. The Environmental Revie~ Committee may suspend or revoke any such permit if it finds that the permit holder or his agent: -20- (1) Has violated any applicable law regarding the permit, any of ~he standards set forth in Section ll.3,.D., or any of the permit conditions. (2) Has submitted false or znaccurate information in or accompanying the application for an Environmental Review Permit. (3) Has refused lawful inspection under seCtion 11.3.C.19. c. No suspension or revocanion of a permit shall become effective until written notice has been provided to the permit holder~ specifying the law, standard, and/or permit condition.alleged to have been violated, ~and the facts alleged to constitute a violation thereof~ The permit holder shall be allowed not less than thirty (30) days 'between the date of notificatmon 'and the date of review of the suspension or revocation of the permit by the Environmental Review Committee. This paragraph shall not restrict the.Building Official from l'awful action under Section 11.3.~C.19. 15. Modifications ~to Environmental Review Permits. The following requirements, standards, and procedures shall apply to any PrOPosed modificaZions to an Environmental Review. Permit or any permit conditions. a. Types of modifications requmring notice to the City Planner. The follOWing types of modifications to a previously approved Environmental Review Permit shall require that the applicant submit to the City Planner six (6) copies of a written and/or graphic description Of the proposed modification: (i)' Any change in quantities or types of potentially hazardous, flammable, toxic, noxious, or otherwise hazardous or offensive materials that are to be transported to. or from the premises, or stored, used, or produced on the premises, from the maximum quantities or types specified in the · approved permit application~ Also, any changes in the methods of ~transport, storage, processing, use production, or-disposal of such materials from that specified on the approved permit application. (2) Any change that could potentially cause the use to not be in compliance with the standards se~ forth in Section ll.3.b. (3) Any addition of or change to another use requiring an 'Environmental Review Permit. (4) Any modification to a condition of approval, specifically imposed by the Environmental Review Committee, with .respect ~o ~he abatement or prevention of a nuisance-'or hazard, or with respect to any of the standards set forth in Section (5) Where application for site plan approval or modification is made, and a member of the Environmental Review Con~mittee requests notificatio~ to the City Planner consiStent with 11.3.C.15.a. above. Review of modifications to an Environmental Review Permit may proceed simultaneously with. review of a site plan, and plans and documents Submitted for review of a site plan may also be used for an application to modify an Environmental Review Permit, provided, however, that mn all cases, approval of such modification shall precede the approval of the site plan. b. Upon receipt and acceptance of an application for modificatiOn to an Environmental Review Permit, the City planner shall transmit a copy of same to all members of the Environmental Review Committee. Each ~ember~ of the Committee~shal~notify the City pla~er' mn writihg either~that he has no objections to the proposed modification, requests additional information from the applicant, or requests that t'he~ Committee review the proposed modification. Where no objections are stated by any member'~ of the Environmental Review Committee, the proposed modification shall, without ~.further action, be considered to be approved. If any member of~.the Committee skates an objection to the proposed mod:ification, requests that certain limitations or conditions be placed on the pmoposed.-modification, or requests that the Committee review the proposed modification, then the Environmental Revmew Committee shall mee~ and review the prOPosed modi£±cation. Where review by the Committee is required, then an application shall be submitted and an application fee shall be paid, and the proposed modification shall be reviewed according to the standards and procedures for an original application, except that the plans and documents accompanying the application may be limited to those materials which ~ould be relevant to the proposed modification. 16. Modifications to Permits Initiated by the Environmental Review Committee. The Environmental Review Committee may require the 'holder of a permit from time to time, and for good ~ause, to conform to new or additional conditions, specify a time limit for compliance with same, and ~rant time extensions. The City Planner shall provide written notice to the holder Of the permit that a modification to the permit conditions is to be considered by the Environmental Review Committee, and may request that plans, documents, or other information relevant to the proposed modification be submitted~to the City Planner. No application fee shall be required from the permit holder in such cases~ and the permit holder-shall be allowed not less 'than thirty- (30) days between the date of notification and the date of review by the Environmental Review Committee. For the purpose of this Section, good cause shall include but shall not be limited to, the following: a. A showing that any of the standards set forth in Section ll.3.D which were in effect at the time the permit was ~s'sued are not being complied with bo A showi g that an improvement in the abatement or prevention of nuisances or hazards can be accomplished becauSe of technological advances, Without imposing un~easonabl'e hardship. ' c[ A showing| that new Scientific knowledge exists which indfc~tes that' the hazards associated with the use are sig%ificantly grea~er than Previous knowledge had indicated.~ -22- 17. Transfer of Permits. An' Environmental Revie~ Permit shall be issued in the name'of a person, firm, or corporation and shalI be valid for only the person, firm, or'corporation ~amed on the permit. Upon sale or transfer of the use. or p~emiSes,' the ~ew~'owner ~r operator shall apply in writing'to the City Planner for a transfer of perm~ Within t~irty (~3O)'d~Ys of. the date of transfer or sale. Unless ~e q~a~sf~r©r' notifies t~e City Planner in writing of qbe transfer and to whom the permit is transferred~, the transferor shall remain liable for performance in compliance with the permit until the permit fs transferred. 18. Operational ~roblems. In the event that the permit holder is temporarily'unable to comply with the permit conditions, due ~o the~breakdown or damage to equipment or structnres~ or fur ot~her~easons, the permit holder Shall immediately nosily the Building Official. Such notification shall include information as to the cause, and what'measures ar, being~ taken to correct the problem and preven~ its recur?fence. 19. Enforcement. Enforcement of this Section and any permit condition~ shall be mn accordance with Section I6 of these z°ni~g regulations and Chapter II~ Article V of the City of Boynton~]~each Code of Ordinances. Violation of any provision of this Section or of any permit condition shall be conside~ed a violation under Section 16 of these zoning ~egulatio~s. The~Building Official or his du~y authorized repre~entative may enter any b~ilding, structure~ or pr~.mises to enforce any provision of this Section~ to ensuz'e compliance wlth any permit condition~ or to p~rform an~ other' duty imposed upon him by this Section.. ~here eny use requiring an Environmentel ReView Permit is constr~cted~ operated~ or maintained in~ violation of any permit-~o~dition~ or any of the standards iset forth in Section ll.3..E., or presents a clear and present danger to ~the persons oz property, the Buiiding Official,.or his duly authoriz~ed zepresentative may immediately require operation of the use to be stopped, or require an~ nuisances or haZards to be abated or removed. Such notice shall be in Writing amd shall be given to the owner or operator of' the or use, or his agent. The Environmental ~w Committee may. review any such order of the BUilding [icia'l to determine-if action consistent with Sections 11~. C.16. should be taken. 20. Appeals from- ci~sions of the Environmental Review Committee. ~11 a ~ealS from decisions of the Environmental Review Committee be in accordance with Section t0 of these zoning r Iulations. For the purpose of this Section, decision by the Environmental Review Committee shall be consider~ decisions of an administrative official. D. FACTORS AND TO BE CONSIDERED BY THE ENVIRONMENTAL REVI] [TTEE IN THE REVIE~ OF PERMIT NS. No appl~ for an Environmental Review Permit shall be approved by t~ Environmental Review Committee unless the Committee has made indlngS to the effect that the proposed use and development of ~e property conforms to standards set forth below. Approval f an EnVironmental Review Permit by the Committee' shai1 cons~i~ a finding that the following standards have been applm~a~ion. ~. -The proposed.~s~ is allowed in'the zoning district in which it Would be l~cated, Subject to approval of lan~ Environmental Rev~e~ Permit. ~ .. . The proposed ~s~ conforms to the intent and purpose of this Section. -23- 3. The proposed use meets the performance standards for nuisances and hazards set forth in Section 4.M of these zoning regulations. 4. The proposed-use and insurance standards and standards for the transport, storage, and use of materials, design of Structures, the design and operation of machinery, and the abatement or prevention of nuisances and hazards. 5. The proposed use would be compatible with the character of the surrounding area and the city as a whOle, including both present-and future development. 6.- The proposed use would conform to the City's Comprehensive Plan and any detailed plans adopted pursuant to the Comprehensive Plan. 7. The proposed use and development of the premises would con'form to all applicable provismons of the City of Boynton Beach Code of Ordinances. 8. The proposed use would not.have a significant adverse economic impact or blighting influence on adjacent or nearby property or the city as a Whole, and would not significantly reduce property values or impair the developability of adjacent or nearby properties. 9. The height~ bulk, and location of proposed structures would be compatible with adjacent and nearby property, and the city as a whole. I0. Proposed screening and buffering measures would be adequate for reducing nuisances, hazards, and visual impacts. 11. The proposed use would not constitute a serious hazard in case of flooding, storms, tOrnadoes~ or hurricanes. 12. The proposed use would be compatible with surrounding streets and roadways, would have adequate ingress, egress, and traffic control, would not significantly impair the safety or convenience of Vehicular or pedestrian traffic, 'and would provide necessary improvements on both private property and on rights-of-way, in order to mitigate negative impacts. Also, the proposed use would not cause damage or excessive wear to streets and roadways. 13. The proposed use would have adequate access for police and fire protection, and emergency ambulance or rescue service. 14. The proposed use would have adequate plans for emergencies, including fire and explosion, and the escape of flammable, explosive, toxic, or noxious materials. 15. The proposed use would have adequate space for off- street parking and loading. 16. The proposed use would have adequate provismon for solid waste collection. - 17. The proposed use would have adequate provision for the construction and maintenance of utilities and Other p~blic services. 18. The proposed use would have appropriate hook-up locations for utilities, and utility lines in the area are available for and are compatible with the proposed use. -24- 19. Adequate water s fire fl°w that would the fire protection compatible with avai fire hydrants would to the proposed use 20. Adequate water s be consumed by the U 21. waste water dis~ compatible with the facilities and would treatment facilities 22. The proposed use so as to ensure the ~ conformance wfth the Section 16: Ail ord conflict herewith are her Section 17: That sh< Ordinance or a portion th competent jurisdiction to affect the remainder of ti Section 18: this Ordinance. Specific Section 19: This Ord days after passage. 1983. FIRST READING this SECOND, FINAL READIN( ATTEST: CITY (Seal) upply and water lines exist for the be required for the'proposed use, and required for the proposed use would be lable fire protection equipment. Also, oe located with sufficient proximity apply exists for t'he water that would roposed use. narges from the proposed use would be ~apacity of wastewater treatment not impair the operation of wastewater would be s~affed by qualified personnel )peration~and maintenance of the use in standards set forth in this Section. ~nances or parts of ordinances in by repealed. ~uld any section or provision of this ~reof be declared by a court of be invalid, such decision shall no~ ~is Ordinance. authority is hereby granted to codify [nance shall become effective ten (10) and PASSAGE this ~~day of , 19.83. THE CITY OF BOYNTON BEACH, FLORIDA ICE ~/~ ~ - CO'NC , MEMBER OUNCIL -25-