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O82-08 ORDINANCE NO. 82- ~ ... AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF BOYNTON BEACH, 1981 CODIFICATION, BY REPEALING SECTION 5-136 THROUGH SECTION 5-142 OF ARTICLE X, "PARKING LOTS", OF CHAPTER 5, "BUILDING, HOUSING AND CONSTRUCTION REGULATIONS" , AND ENACTING A NEW ARTICLE X, "PARKING LOTS"; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA., AS FOLLOWS: Section 1. That Section 5-136 through Section 5-142 of Article X, "Parking Lots", of Chapter 5, "Building, Housing and Construction Regulations", of the Boynton Beach Code Code, 1981 Codification, which reads as follows, is here~y repea~ed. (1) (2) Section 2. Tt~t the Codifked Ordinances of the Cit~ of hereby amended to read: ~RTiC~ ~. Parkf~g ~ots Sec. 5-136. Short ~itle. T~is ~rticle ~ be referred to ~$ the Boynton Be~c~ P~rking ~ot Regulations. Sec. 5-137. Purpose ~d I~te~t. · he purpose of this ~rticle is to provide ~ set of (3) regulations to govern the design and construction of parking lots within the City of Boynton Beach. It is intended that these regulations provide a minimum set of standards to be followed when parking lots are constructed within the City of Boynton Beach in order to protect the health, safety and welfare of current and future residents. Furthermore, the City of Boynton Beach recognizes the relationship of these regulations to the general goals of the conservation and efficient management of energy resources. This ordinance attempts to minimize the negative impacts of Darkinq lot construction, operation and main- tenance by incorporatinq various enerq¥-conscious techniques. ThE benefits of reducing the dimensions of energy-intensive asphaltic paved areas are recognized. So, too, are the effects of vegeta- tion and landscaping which serves to reduce heat, glare, runoff, noise and air pollution. In addition to removing carbon dioxide and particulate matter from the air, trees and shrubs also help absorb and reflect solar radiation which al'lows the dissipation of energy by evaporization that would otherwise heat the air and adjacent buildings. The issuance of a permit by the City pursuant to this Article shall not relieve any party from obtaining the necessary permits which may be required by the various State, Federal or local government agencies which have a jurisdiction over the proposed construction. Sec. 5-138. Scope. These regulations shall be applicable to all parking lots constructed or reconstructed in the City of Boynton Beach. In the instance of a parking lot serving an existing building or group of buildings where said building or group of buildings .~s/are proposed to be enlarged, the entire parking lot shall be modified to meet the requirements of this Article. (4) Sec. 5-139. Objectives. The objectives of these regulations include but are not limited to the follo'9;ing: (a)-To provide a maximum degree of safety and protectior. for the public through the orderly design of parkin~ lots; (b) To provide a standard for construction which result~ in a relatively durable and nuisance free parking lot; (c) To reduce the neqative impacts which may result from parkinq lot construct ion; (d) To provide for storm water retention on-site; (e) To provide for parking lots which are constructed in such a manner that the physically handicapped are not discriminated against; and, (f) To Dermit the land owner to benefit from his ownership bV providinq for orderly parking lot desiqn and construction consistent with the~public health, safety and welfare. Sec. 5-140. Definitions of Terms. For the purDoses of this Article, the following defini- tions shall apply: (a) Buildinq Official: The administrative head of the Buildinq Department or his desiqnated represen- tative. (b) city Enqineer: The administrative head of the Enqineerinq Department or his designated represen- tat ive. (c) Motor Vehicle: Any automobile, truck, motor scoote] motorc~c~c~or other self-propelled vehicle. (d) Parkinq Lot: Any outdoor, partially enclosed or enclosed space, plot, yard, or any portion thereof (5) upon which two or more parking stalls are constructe Parking facilities designed for single-family homes~ or duplex units with a maximum of four (4) parking stalls are exempted from this definition. (e) Major Driveway: A major driveway is defined as a main ingress, or egress to a public street or high- way from a site of a major development such as a large shopping center, multiple family development, industrial park, hospital, or similar use. (f) Driveway: The paved area between a public street an~ private property intended to provide ingress and egress for vehicular traffic from the public street or thorough-fare to a def~inite area of private property, or which connects parking aisles or provides access to parking aisles. (g) Aisle: The hard surfaced lanes in a parking lot which connect the parking stalls with a public or private street, alley, or interior driveway. (h) Parking Stall: A surfaced area, enclosed or unen-~ closed sufficient in size to store one (1) auto- mobile with a minimum width of nine (9) feet and a minimum length of eighteen (18) feet. Variance: A variance is hereby defined as a relaxation of the terms of this Article Where such variance will not be contrary to the public interes and where, owing to the conditions peculiar to the property and not a result of the actions of the applicant, or his predecessors, a literal enforce- ment of this Article would result in an unnecessary and undue hardship. (j) Shoppinq Center: Any buildinq or group of buildinq~ containinq retail stores, or a mixture of retail (6) stores, services, and offices. This definition shall include all office - retail complexes. (k) Retail Establishment: Any building or part thereof which is whollV or partly devoted to the sale of commodities to consumers. (1) Gross Floor Area: The total floor area of a building or a use occupying part of a building, measured from center lines of partitions and exteriors of outside walls. Gross Floor Area shall include all floor area occupied by the main or principal use, plus any. floor area occupied accessory uses such as storage, equipment and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, malls, and hal (m} Traffic ~Impact Analysis: A traffic statement pre- pared by a Professional Engineer competent in Traffic Engineering. Said analysis should address at a minimum daily and peak hour movements, turn lanes required, signalization, capacity of the street system and interior driveway lengths. Sec. ~5-141. Desiqn Requirements. The design of the parking lot shall be in accord with accepted design principles. For the purposes of this Article, the criteria that follow constitute a minimum design standard. (a) Lightinq- Each Darkinq lot lighting plan shall be designed to provide sufficient illumination in accordance with current IES (or comparable) standards, where applicable. A minimum average of one (1) foot-candle is recommended to provide for general illumination and security. High Pressure Sodium Vapor or eguivalently energy-efficient lamps are required. (7) (b) Traffic Control - Each parking lot traffic plan shal provide for stop signs at exits, directional arrow: internal traffic signs and information signs where appropriate. It is intended by these regulations that the applicant retains the responsibility for the proper and efficient movement of traffic onto and/or through the site and that additional or optional signing may be required to accomplish the safe movement of traffic. (c) Landscaping - Each parking lot shall be landscaped consistent with Chapter 7.15, Article II, Landscape Code, Boynton Beach Code of Ordinances. (d) Curbs and Car Stops - Each parking stall shall have provided a concrete curb stop and all landscaped areas shall be protected with a raised continuous concrete curb except that the curb may be interrup- ted to accommodate drainage and may be omitted where concrete wheel stops are provided in the parking stall. (e) Drainage - Storm water shall be contained on site. Containment capacity shall, be designed for a minimum of three (3) inches of rainfall in one hour Drainage structures and french drains must comply with minimum City standards established by the .City Engineer. For impervious areas exceeding 25,000 square feet, the desiqn of the parking lot and facilities shall be done bM an engineer registered in ~<e ~S~ate of Florida, and the plans submitted shall be sealed. Maximum storage capacity of soil shall be considered at the rate of one (1) inch of water for each six (6) inches of soil above the water table. Drainage calculations are required in all instances. (8) (f) Parkinq Lot Construction - Ail plans for parking lots shall show finished elevations in feet and hundredths and catch basin and drain field details and desiqn criteria. Parking lots shall be cons- tructed with six (6) inches of compacted, approved shell rock or lime rock on a compacted sub-qrade ~with a prime coat and one (1) inch of compacted hot mix, Type II asphalt. In the alternative, four (45 inches of 2,500 p.s.i, concrete with 6-6-10 wire mesh with a six (6) inch lap on a well compacted base, or an equivalent combination of improved sub- grade and surface materials such as sod on eight inches or stabilized sub-grade or paving blocks or turf-blocks is acceptable consistent with the use and approved by the City Engineer. (~) Driveway- (1) Parking lot driveways shall be designed ~to provide for a minimum of twelve (12) feet width for one-way drives and twenty (20) feet width for two-way drives at the right-of-way line~ The maximum width of any d~-ive at the right-of- way line shall be thirty-two (32) feet unless otherwise approved by the City Engineer. (2) Each parking lot driveway shall be constructed with a radius at the intersection of the right- of-way of twenty-five (25) feet minimum. (3) No parking lot driveway may be constructed closer than thirty (30) feet f~ inter of the right-of-way lines along local streets one hundred ei.~hty (180) feet along streets of a higher classification. (9) (4) Where applicable, the standards set forth in the Planned Unit Development, Planned Industrial Development and the Subdivision Regulations will govern where a conflict exists. (5) There shall be provided a safe and unobstructed distance of eighteen (18) feet in length betweer the side of a parking sta.~l and each of th~ a. a public or private right-of-way; b. an access aisle; and, c. an interior driveway. This requirement does not apply in the instance: that follow: a. at the egress end of an access aisle, b. at an interior driveway where 90° parking is provided; or, c. at an access aisle where 90° parking is provided. (6) The minimum distance from the street right-of- way line at any major ingress or egress drive- way to any parking stall or to any interior access aisle having direct access to such drive- way shall be one-hundred (100) feet. (7) Driveways which intersect streets which ar~ owned and maintained by. a governing body other than Boynton Beach must be permitted by th~ proper governing agency. (8) No more than two (2) driveways shall be permitt~ from any property onto any one public or privat, right-of-way. Properties which are bordered by more than one public or private right-of-way (10) may be permitted two drivewavs at each rigr way dependinq upon traffic volumes. (h) Parkinq Lot Layout - (1) Parkinq lots shall be desiqned to meet or exceed the dimensional requirements for stalls, driveways, and access aisles as shown in the tables in the attached Exhibit A. (2) Each parking lot or parking stall shall have sufficient access from a street, alley or other public or private way. Maneuvering and access areas shall be of sufficient size to permit vehicles to enter and exit the parking lot in a safe and efficient manner. (i) Covered Parking - Covered parking whether public or private shall comply with the Building Code of Boynton Beach as well as this ~.rticle. Grading of ramps shall be approved by the City Engineer, and shall not exceed a sixteen (16) Der'_ cent 'qradi~nto (j) Handicap Requirements - All parking lots shall provide parking stalls with proper signing consistei with the State Handicap Code requirements. For the purposes of this Article, the following minimum standards are hereby established. .(1) The parkinq stall width for handicap designated stalls is to be twelve (12) feet minimum, (2) The handicap desiqnated parking stalls are to be .located near building entrances, (3) Required ramps which connect the Darkinq lot to the buildinq shall not exceed a 1 in 12 and shall be located in close proximitv to the designated handicap parking stalls, (11) (4) Parking stalls shall be reserved for the handi- ca. pped as follows: a. for the first 20 stalls - 1 b. for 21 to 100 stalls - 2 c. 2% for stalls in excess of 100 (.5)-A "Parking for Handicapped" sign shall be placed at each required parking stall. In instances where a conflict exists between the State Statute and the above mentioned minimums, the most restrictive regulation shall apply. i(k) Parking Lot Striping - Parking stalls shall have provided double line painted strips where parking stalls abut each other. (1) Gradient - Parking lots shall be designed with a minimum gradient of 0.5%. (m) Fire Lanes - All shopping centers, retail+.office complexes, and retail establishments for which the gross floor area of all buildings is 15,00-0 square feet or greater shall have fire lanes along the front of all buildings which shall allow efficien% access to the fronts of buildings by fire protection. vehicles. Fire lanes shall have a minimum pavement width of twenty-two (22) feet. Fire lanes shall not be encumbered by parked vehicles, including commercial vehicles, and shall not be used for the loading or unlaoding of commercial vehicles. Addi- tionally, fire lanes shall be clearly marked with signs, striping or a combination of both. Sec. 5-142. Permit ReQuired. Prior to the construction of any parking lot in the of Boynton Beach, the owner through his authorized agent shall secure a permit to construct from the Building Official. (12) Sec. 5-143. Permit Application. In connection with a request for a permit to-construct a parking lot, the owner through his authorized agent shall sub- mit an application for approval which shall include but not be limited to information and materials as follows: (a) Dimension and orientation of parcel; (b) A sealed survey not older than six (6) months; (c) Location of parking and loading facilities to include calculations for the number of parking stalls required and the number of parking stalls provided; (d) a cross-section of the materials to be used in the construction of the parking lot; (e) Parking lot layout plan to include striping; (f) Property site plan; (g) Parking lot lighting plan to include the location of the lighting standards, fixture types and lamp types and sizes; (h) Conformance with the sidewalk ordinance; (i) Location of existing and proposed streets to include ultimate r iqht-of-way; (j) On-site traffic plan to include arrows and traffi~ signs; (k) Landscaping plan consistent with current City Codes (1) Location of handicap parking stalls plus signs and access ramps; (m) Outline of all buildings on site to be served by the parking lot and existing and/or proposed use of same; (n) Paving and drainaqe plans with elevations to includ~ calculations and details of the drainage system; (13) (O) Existing elevations on adjacent properties and on the street right-or-'way; and, (p) Parking lots serving uses which generate three- thousand (3000) vehicle single directional trips per day or two-hundred and fifty (250) vehicle single directional trips inca one (1) hour period must submit a traffic impact,.analysis. The above mentioned information shall be included in subdivision construction plans when applicable and with plans submitted for site plan approval or permit. Sec. 5-144. Variances to this Article. (a) Variances Authorized - The Planning and Zoning Board of the City of Bovnton Beach is hereby authorized to grant variances to any section of th Article after conducting a public hearing at which any partv maV appear in person or through his duly authorized agent to give testimony. Such varian- ces may be granted only 'when the granting of sam~, will not be contrary to the public interest, and where, owing to special conditions, a literal. enforcement of the provisions of this Article would result in an unnecessar~ hardship, not created by the applicant or his predecessor in title, use of possession. (b) Variance Procedure - A variance 'ein ,.shall not be granted unless and until a written of two-hundred (200) dollars is submitted to the City Planner demonstrating the following- (l) T~at special conditions and circumstances exist which are peculiar to the phvsical or topo- graphical features of the land or structures (14) which are not applicable to other lands or structures within the Cit~;; (2) That literal enforeement of the provisions of this Article would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Art ic le. (3) That the special conditions and circumstances in (1) above do not result from the action of the applicant or his predecessors; and (4) That granting the variance requested will not, confer on the applicant any special privilege that is denied by this Article to other lands or structures in the City. (c) Granting Variances, Requirements - Before granting a variance as authorized by. this Article, the Planning & Zoning Board shall make findings a~ follows: (1) That the requirements for a public hearing have been met; (2) That the reasons set forth in the application justifv -the grantinq of the variance, and that the variance is the minimum variance that will. make possible the reasonable use of the land, or structure; (3) That the qrantinq of the variance will be in harmony with the general intent and purpose of this Article, will not be injurious to the neighborhood, or otherwise detrimental to the Dublic welfare; and, (4) That a recommendation has been forwarded fr_r~ the Technical Review Board as constituted in (15) Appendix C, Article V Definitions of the Code of Ordinances of the City of Boynton Beach and that the recommendation has been made a part of the public record. (d) Conditions - In granting a variance, the Planning ..a. nd Zoning Board may prescribe appropriate condi- tions and safequards in conformity with this Article. Violation of such conditions and safe- guards, when made a part of the terms under which the variance is qranted, shall result in causinq the variance to be null and void. Sec. 5-145. Stoppage of Wor~. Failure to comply with the plans of record shall result. in an order to stop work from the Buildinq Official. Sec. 5~146. City's ~m~di~s fo~ v~_ola~.~ oF ~h~s Article. In addition to the remedies afforded in Section 5-145 above, the City may enforce the provisions of this Chapter mn follows: (a) Violation of the provisions of this Article shall be a misdemeanor of the second deqree punishable by up to sixty (60) days in jail and/or a Five Hundred Dollar ($500) fine and violation of this Article as such (b) The City may seek a mandatory injunction with thn Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County to enjoin violations this Article. Any violation of this Article shall result in the authority to enjoin said nuisan~ by injunction and may require that the land upon which the violation has been committed be returned to its condition prior to the violation, or as closa (16) thereto as reasonably possible. Further, any party creatinq a nuisance pursuant to this Article shall be responsible for all of the City's costs including attorney's fees for bringing the injunc- tire action pursuant to this Section. (C}~The City may prosecute violations of this Article before the City's Code Enforcement Board. (d) None of the above listed remedies shall be consider, to be mutually exclusive and the City may pursue any or all of the above listed remedies in conjunction with each other. Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. That should any section or provision of this Ordinance or any portion hereof be declared by a Court of com jurisdiction to be invalid, such decision shall not~affect the remainder of this Ordinance. Section 5. That this Ordinance shall be effective immediately upon its passage. Section 6. this Ordinance. FIRST READING this 1982. That authority is hereby granted to codify SECOND READING and FIb~AL PASSAGE this · 1982. CITY C day of FLORIDA ATTEST: ~ity Cl~rk -~ · (Corp. dSeal) CG (17) EXHIBIT 'A' PARKING STALL AND AISLE DIMENSIONS Parking Stalls on Both Sides of Aisle and One-Way Traffic in Aisl~ A B C D E F G H 0O 9.0' 25.0' 25.0' 9.0' 12.0' 30.0' 30.0' 30° 9.0' 18.0' 18.0' 16.8' 12.0' 45.6' 37.8' 45° 9.0' 18.0' 12.7' 19.1' 14.4' 52.6' 46.2' 60° 9.0" 18.0' 10.4' 20.1' 19.8' 60.0' 55.5' 90° 9.0' 18.0' 9.0' 18.0' 27.0' 63.0' 63.0' Angle Stall Width Stall Length Curb Length Per Car Projection of Stall Length Aisle Width Wall to Wall Module Width Overlap Center to Overlap Center Module Width H G F A Note: Diagram is not to scale Sheet 1 of 4 Exhibit 'A' Parkinq Stalls on Both Sides of Aisle and Two-Way Traffic in Aisle A B C D E F 0° 9.0' 25.0' 25.0' 9.0' 21.0' 30° 9.0' 18.0' 18.0' 16.8' 21.0' 45° 9.0' 18.0' 12.7' 19.1' 23.4' JG 39.0' 54.6' 61.6' H 39.0' 46.8' 55.2' 60° 9.0' 18.0' 10.4' 20.1' 26.8' 90° 9.0' 18.0' 9.0' 18.0' 27.0' 67.0' 63.0' 62.5' 63.0' A = Angle B = Stall Width C = Stall Length D = Curb Length Per Car E = Projection of Stall Length F = Aisle Width G = Wall to Wall Module Width H = Overlap Center to Overlap Center Module Width H Note: Diagram is no~ to Scale Sheet 2 of 4 Exhibit 'A' Parking Stalls on One Side of Aisle and One-Way Traffic In Aisle A B C D E F G H 0° 9.0' 25.0' 25.0' 9.0' 12.0' 30° 9.0' 18.0' 18.0' 16.8' 12.0' 45° 9.0' 18.0' 12.7' 19.1' 14.4' 21.0' 28.8' 33.5' 21.0' 24.9' 30.3' 60° 9.0' 18.0' 10.4' 20..1' 19.8' 90° 9.0' 18.0' 9.0' 18.0' 27.0' A = Angle B = Stall Width C = Stall Length D = Curb Length Per Car E = Projection of Stall Length F = Aisle Width G = Wall to Wall Module Width. H = Overlap Center to Overlap Center Module Width 39.9' 45.0' 37.7' 45.0' Note: Diagram is not to scale Sheet 3 of 4 Exhibit 'A' Parking Stalls on One Side of Aisle and Two-Way Traffic in Aisle A B C D E F G 0O 9.0' 25.0' 25.0' 9.0' 21.0' 30.0' 30° 9.0' 18.0' 18.0' 16.8' 21.0' 37.8' 45° 9.0' 18.0' 12.7' 19.1' 23.4' 42.5' 60° 9.0' 18.0' 10.4' 19.3' 26.8' 46.1' 90° 9.0' 18.0' 9.0' 18.0' 27.0' 45.0' A = Angle B = Stall Width C = Stall Length D = Curb Length Per Car E = Projection of Stall Length F = Aisle Width G = Wall to Wall Module Width H = Overlap Center to Overlap. Center Module Width H 30.0' 33.9' 39.3' 44.7' 45.0' - D Note: Diagram is not to scale Sheet 4 of 4