Agenda 08-28-12
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, August 28, 2012 TIME: 6:30 P.M.
PLACE:Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida
___________________________________________ __________________________ ___________
1. Pledge of Allegiance
2. Introduction of the Board
3. Agenda Approval
4. Approval of Minutes from July 24, 2012, meeting
5. Communications and Announcements: Report from Staff, Sept. meeting
6. New Business:
LDR Amendments to Nonconforming Regulations, Landscaping Standards,
A.1.
Community Design Standards, and Historic Preservation Requirements (CDRV 12-
005)
– Approve proposed amendments to the Land Development Regulations (LDR)
intended to update and enhance development and design standards to promote
business/economic development and increase user-friendliness. The proposed
amendments include incentives to the development of industrial lots, promote more urban
development through clarification of build-to-line regulations, reduce landscape
requirements for non-conforming lots, update historic preservation processes, and are
intended to enhance project appearance through various changes in community design
regulations.
7. Other
8. Comments by members
9. Adjournment
The Board (Committee) may only conduct public business after a quorum has been established. If no
quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or
her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board
members may not participate further even when purportedly acting in an informal capacity.
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT
BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF
THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE
AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A
DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY
CLERK’S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
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NEW BUSINESS
6.A.1
LDR Amendments to Nonconforming
Regulations, Landscaping Standards,
Community Design Standards, and
Historic Preservation Requirements
(CDRV 12-005)
NATURE OF REQUEST
Approve proposed amendments to the Land Development Regulations (LDR) intended to
update and enhance development and design standards to promote business/economic
development and increase user-friendliness. The proposed amendments include
incentives to the development of industrial lots, promote more urban development
through clarification of build-to line regulations, reduce landscape requirements for non-
conforming lots, update historic preservation processes, and are intended to enhance
project appearance through various changes in community design regulations.
ANALYSIS
Preparation of these documents has involved the comprehensive and detailed review of
the associated land development processes, the applicable standards, and the city
department responsible for the administration of such regulations and standards. The
following list summarizes the proposed amendments to the land development regulations:
Part II (Code of Ordinances), Chapter 13, Article IV Live Entertainment Permits
Update the live entertainment permit submittal requirements to require a signed
affidavit that affirms the application will not violate the Noise Control Ordinance.
Update/remove the requirement for all conditional uses to have a sound analysis,
and only require this analysis from operators who are reapplying following
revocation. The sound impact analysis must demonstrate mitigating solutions
aimed at reducing or eliminating the potential for violating the Noise Control
Ordinance and preventing off-site nuisance conditions which led to the original
revocation.
Part III (LDR), Chapter 1, Article II Definitions
Update the definitions of Auto/Car Wash; Restaurant; and Bar and Nightclub to
emphasize that business activities are to be mainly conducted indoors, but that
such establishment may have an outdoor component to the operation to
accommodate such unique businesses (e.g., Cuthill’s Backyard) that operate
primarily outdoors.
Part III (LDR), Chapter 2, Article I Overview
Update the article to include the newly created Historic Resources Preservation
Board as a reviewing agency for those applications involving historic
preservation.
Enhance article to include asterisks next to the types of development applications
requiring quasi-judicial hearings.
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Part III (LDR), Chapter 2, Article II Planning and Zoning Division Services
Update the scope of Community Design Appeal application to include deviations
from build-to line requirements (i.e., setbacks) in certain zoning districts and areas
of the City.
Insert into the article, a new section for the applications established as part of the
new historic preservation program to include: 1) Certificate of Appropriateness;
2) Historic District or Properties Designation; and 3) Historic Preservation
Property Tax Exemption Application.
Amend the paragraph order in the “Eligible Applicants” section to improve
consistency and clarity. The two paragraphs regarding voting rights when
designating a district are now next to each other rather than being separated by
other wording.
Simplify the public notification process for individual site designations by only
requiring the notification of abutting or adjacent properties rather than those
within a 400 foot radius. The 400 foot requirement is still in place for the
designation of a district.
Remove unnecessary (repeated) wording from the “Board Approval” section
regarding Certificates of Economic Hardship.
Simplify the application process for “Certificate of Economic Hardship” by
requiring only a written statement rather than a formal application similar to the
appeal process currently established in the LDR. Expand the submittal
requirements to provide additional documentation of hardship consistent with
procedures of other cities and beneficial for the determination of economic
hardship.
Part III (LDR), Chapter 2, Article IV Building Division Services
Update article by reinserting wording required by Code Compliance to ensure that
sites are maintained in accordance with the approved site plan of record.
Part III (LDR), Chapter 3, Article III Zoning District and Overlay Zones
Revise site regulations table for SMU and Urban Mixed-Use zoning districts, and
the Urban Commercial District Overlay Zone to emphasize “urban” design
standards, with minimal setbacks and a mandatory build-to line, and include
exceptions when accommodating pedestrian amenities and sidewalk areas or to
maintain compliance with safe-sight and visibility requirements.
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Enhance the site and development regulations for the Urban Mixed Use zoning
districts and Urban Commercial District Overlay Zone by allowing minor
deviations of up to 15 feet from build-to line requirements to optimize a project’s
landscape design; maximize drainage solutions; accommodate architectural
enhancements; or to otherwise enhance public spaces in front of buildings along
rights-of-way. Exceptions would be eligible for the more appropriate relief
process, the option of a Community Design Appeal instead of the traditional
variance.
Update the M-1 district regulations to encourage development on non-conforming
lots that do not meet the minimum lot size by amending the development
standards, including minimum landscaping requirements.
Part III (LDR), Chapter 3, Article IV Use Regulations
Amend the Noise standard of the City’s operational performance standards to
include a cross-reference to the Live Entertainment Permit process established
subsequent to the update of the LDR.
Update the conditional use application’s evaluation criteria by removing the
requirement that bars/nightclubs be subject to sophisticated “sound study”
certified by an acoustical engineer, and allow the submittal of a less technical
non-certified sound impact analysis. The new Live Entertainment Permit process
was established to provide a simple, more user-friendly system for permitting
such activity and which emphasizes the City’s noise ordinance.
Part III (LDR), Chapter 3, Article V Supplemental Regulations
Enhance the general design standards of all fences by requiring the finished sides
to face adjacent properties.
Update the nonconforming regulations by exempting the M-1 zoning district from
complying with the 85% lot frontage requirement.
Part III (LDR), Chapter 4, Article I Environmental Protection Standards
Update the methodology that is used when calculating the number of replacement
trees required for mitigating purposes. The new methodology differentiates
between canopy trees, small and medium sized palm trees, and large palm trees.
The new provisions aim to discourage the replacement of large mature canopy
trees with small and medium palm trees.
Part III (LDR), Chapter 4, Article II Landscape Design and Buffering Standards
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Amend the design standards by restricting palm species to no more than 50% of
the required trees on any given site within commercial or mixed-use zoning with
the intent of increasing tree canopy area and decreasing the heat island effect.
Update the Alternate Landscape Plan (ALP) provisions by creating new landscape
regulations intended to support the development and redevelopment of smaller
urban industrial lots.
Part III (LDR), Chapter 4, Article III Exterior Building and Site Design Standards
Organize article by separating major topics under section headings rather than
subsection headings, thereby making it easier for the general public to locate
specific standards in the code (e.g., Design Standards for Multi-Family and Non-
Residential Uses Adjacent to Single-Family Residential Zoning Districts; Design
Standards for Development in Urban Areas; Design Standards for Large Non-
Residential Development (Big Box) in Suburban Areas).
Part III (LDR), Chapter 4, Article V Minimum Off-Street Parking Requirements
Clarify the existing provision that limits the maximum allowable number of
parking spaces for non-residential uses. The existing provision was originally
created to further sustainability initiatives (e.g., prevent over paving sites with
impervious surfaces), to reflect staff’s original intent that it be applicable only to
new projects and major modifications to existing development.
Part III (LDR), Chapter 4, Article IX Building, Construction, and Historic Preservation
Requirements
Reorganize entire article for consistency with all applications administered by the
Planning and Zoning Division by relocating all “process” related language into
Chapter 2, Article II.
Relocate all Historic Preservation “process” provisions to Chapter 2, Article II, to
appropriately be combined with all other Planning and Zoning Division Services.
Amend the “Guidelines for Historic Designation” section by adding the word
“feeling” to the list of aspects necessary to assess the integrity of a site. The list
now includes seven aspects of “integrity” and is consistent with those listed in the
National Register guidelines.
Enhance the “Authority to Initiate Designation” section by adding site recording
and architectural salvaging requirements for undesignated sites. This requirement
was only in place for the demolition of a designated structure; however, if the
Historic Preservation Board delays the demolition of an undesignated structure to
determine if it is eligible for designation but the designation process is not
- 5-
completed, the owner is required to record the structures and attempt to salvage
materials prior to demolition.
Relocate definitions to Chapter 1, Article II of the land development regulations
for overall consistency.
Clarify the description of works eligible for tax exemption by adding the word
“appropriate” in describing the “renovation,” “restoration,” or “rehabilitation” to
reinforce the requirement to follow widely accepted historic preservation best
practices.
Amend the process for submitting an appeal if a Preconstruction Application is
denied by the Board in the “Appeals to the Historic Resources Preservation
Board” section. Appeals will now be submitted in writing rather than by
application form. The notification requirements have also been enhanced by the
addition of “adjacent property” for consistency with the notification requirements
for designating an individual site.
CONCLUSION / RECOMENDATION
Staff is recommending approval of the proposed code amendments. Overall, this
amendment would help promote business/economic development, make the code more
user-friendly, and provide the necessary updates based on lessons learned and processes
established subsequent to the 2010 LDR update.
S:\Development\Planning & Zoning\P&D Board\Agenda & Packet\2012\8-28-12 meeting\CDRV 12-005 Staff Report.doc
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To: Planning & Development Board
From: Eric Lee Johnson
RE: Proposed Changes in Attached Document
To assist you with your review of the attached
revisions, all of the proposed changes to the LDR
are highlighted (in yellow). You will find that
much of the highlighted text is 1) minor updates to
cross-references that are located throughout the
code; or 2) deleted provisions, shown as stricken
through.
Should you have any questions regarding any of
these changes, please feel free to contact me
anytime in advance of the meeting. I can be
reached at 561-742-6256.
PROPOSED LANGUAGE
1
2
PART II (CODE OF ORDINANCES), CHAPTER 13 LICENSES
3
4
ARTICLE I BUSINESS TAX RECEIPTS…
5
ARTICLE II GARAGE SALES…
6
ARTICLE III ADULT ENTERTAINMENT…
7
8
ARTICLE IV LIVE ENTERTAINMENT PERMITS
9
10
11Sec. 13-80. Live entertainment permit.
12
13 (a) Definition.
14
15(1) Live entertainment defined. Live entertainment
16means a use in connection conjunction with a restaurant,
17bar/nightclub, cocktail lounge or other similar
18establishment, wherein floorshows or other forms of
19entertainment consisting of one (1) or more persons,
20amplified or non-amplified music or the like sound, are
21provided indoors or outdoors, including but not limited to
22entertainment provided by disc jockey (DJ), master of
23ceremonies (MC), or karaoke.
24
25 (b) Time limits. Any live entertainment permit (herein referred
26to as “permit”) granted by the city shall expire twelve (12) months after
27the date of approval of such live entertainment permit and must be
28renewed in accordance with subsection (h) of this section.
29
30 (c) Method of approval. A live entertainment permit may be
31approved by the city after an application, as provided herein, has been
32processed by city staff.
33
34 (d) Review and approval procedure.
35
36(1)Permit Live entertainment permit applications shall
37be obtained from and filed with the Development
38Department, and may be initiated by the owner of the
39subject property or the owner's designated representative.
40All applications must be signed by the property owner. A
41complete application will be processed by the Development
42Department, which also consists of the required fee and
43necessary supportive materials, including the following:
44
45a..
46b..
- 1-
1c..
2
3d. A signed affidavit affirming the application
4will not violate the Noise Control Ordinance.
5
6 (e) Non-transferable permit. A live entertainment permit is valid
7only for a specific establishment at a specific location and is
8nontransferable to another establishment. If an establishment with a valid
9live entertainment permit ceases operation at a specific location and
10another establishment begins operation at this location, the live
11entertainment permit is nontransferable to the new establishment at the
12same location. In addition, if an establishment with a valid live
13entertainment permit relocates, the permit is nontransferable to the new
14location. In both instances, a new live entertainment permit application
15must be submitted for City Commission consideration.
16
17 (f) Standard conditions of approval for all permits. The
18following are standard conditions for approval of all live entertainment
19permits which are incorporated into the City Commission's approval of a
20live entertainment permit application and made a part of the terms under
21which the live entertainment permit is granted:
22
23(1)…
24(2)…
25(3)…
26
27 (g) Standards for review…
28
29(1)…
30(2)…
31(3)…
32
33(4)…
34
35(5) Screening, buffering or separation of any nuisance or
36hazardous feature, with reference to type, dimensions and
37character, shall be fully and clearly represented on the
38submitted plans and shall be adequate to protect adjacent
39properties. This shall should include proposed strategies to
40mitigate sound levels at adjacent property lines and
41distances from the noise source(s) as enumerated in the
42city's Noise Control Ordinance.
43
44
(6)…
45(7)…
46
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1 (h) Permit renewal procedure. Permits Live entertainment
2permits shall renew on an annual basis in conjunction with the Business
3Tax Receipt renewal effective October 1 of each year. Establishments
4with complaints that have been the subject of an Order issued by the City's
5Code Compliance Board finding the establishment in violation of City
6Code, and/or findings by a civil or criminal court of a violation of City
7Code or other applicable law(s) shall require annual City Commission
8approval prior to the renewal of the live entertainment permit. Permits
9Live entertainment permits not approved for renewal by City Commission
10will be prohibited from re-applying for a period of one (1) year.
11
12 (i) Revocation of permits. The City Commission may revoke a
13previously approved live entertainment permit upon making the following
14findings in a public hearing:
15
16(1) The operation of the live entertainment has resulted
17in the violation of a city ordinance, or any of the conditions
18of approval outlined in the approving resolution, including
19the standard conditions outlined in subsection (h) of this
20section, and that the City's Code Compliance Board has
21found that a violation has occurred, and entered an order
22finding that such a violation has occurred pursuant to
23Chapter 2, Article V, of the City's Code of Ordinances.
24
25In the event the City Commission revokes a live
26entertainment permit, the City Commission shall not issue a
27new live entertainment permit for the same location for a
28period of twelve (12) months from the date of revocation.
29In order to submit an application for a new live
30entertainment permit, the location must not have been
31found in violation of any City Code provisions within the
32twelve (12) month time period just prior to the date the
33application for a live entertainment permit is submitted.
34
35(2) After the time period specified above has elapsed, a
36new permit application may be submitted to the
37Development Department. However, unlike the original
38application, the applicant shall now be required to submit
39an impact analysis which demonstrates mitigating solutions
40aimed at reducing or eliminating the potential for violating
41the Noise Control Ordinance or otherwise creating off-site
42nuisance conditions.
43
44 (j) The City Commission hereby establishes the following live
45entertainment permit application fee, a live entertainment permit fee which
46is computed based upon the date of the Commission's action approving the
- 3-
1application, and an annual live entertainment permit renewal fee:
2
3(1)…
4
5(2) Annual live entertainment permit renewal fee
6$50.00
7
8 (k) Live entertainment without a city live entertainment permit
9is prohibited and violations of these regulations may be enforced by the
10city as follows:
11
12(1)…
13(2)…
14(3)…
15(4)…
16
PART III (LDR), CHAPTER 1, ARTICLE II DEFINITIONS
17
18
AUTO / CAR WASH (POLISHING, WAXING, DETAILING) –
19
20Establishments providing for the cleaning of private automobiles, recreational
21vehicles (personal watercraft), or other light duty equipment through manual
22detailing and / or mechanical resources. Business activity is to be conducted
23indoors, but the establishment may have an outdoor component if approved
24through the site plan process.
RESTAURANT –
25An establishment engaged in preparing, selling, and / or
26serving food and beverage items. Food and drink may be consumed on premises,
27delivered, and taken out (via pick-up or carry-out). Alcoholic beverages may be
28sold in combination with selling food but ultimately, the sale of food constitutes
29more than 51% of its monthly gross revenue. Business activity is to be conducted
30indoors, but the establishment may have an outdoor component if approved
31through the site plan process.
BAR AND NIGHTCLUB –
32Any licensed premises that is devoted
33predominately or totally, to the serving of alcoholic and / or intoxicating
34beverages or any combination thereof, for consumption at the licensed
35establishment. Leisurely dancing may occur or patrons may be entertained by
36live or recorded performers who dance, sing, play instruments, or perform other
37acts of entertainment (excluding adult entertainment). The service of food may be
38incidental to the service of the aforementioned beverages, activities, and
39entertainment. These establishments are known as but are not limited to the
40following: bars, cigar bars, cabarets, cocktail lounges, comedy clubs, dance
41clubs, discothèques, night clubs, piano bars, pubs, and saloons.Business activity
42is to be conducted indoors, but the establishment may have an outdoor component
43if approved through the site plan process.
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PART III (LDR), CHAPTER 2, ARTICLE I OVERVIEW
1
2
Section 1. General.
3
Section 2. Types of Land Development Applications.
4
5
A. Table 2-1. Applications by City Departments.
6
7
8Legend:
9
10HRPB: Historic Resources Preservation Board
11P&Z: Planning and Zoning Division
12P&D: Planning and Development Board
13CRA: Community Redevelopment Agency
14CC: City Commission
15
REVIEWING PUBLIC
CODE APPROVING
APPLICATION TYPE
AUTHORITY HEARING
SECTION AUTHORITY
(STAFF) REQUIRED?
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Standard Applications
Art II, Director of
Annexation
CCYes
Section 2.A P&Z
Comprehensive Plan
Amendment
Art II,
TextCity Initiated Only
Section 2.B.2
Future Land Use Map Art II, Director of
CCYes
(FLUM) Section 2.B.3 P&Z
Art II,
Conditional Use
Section 2.C Director of
CCYes*
P&Z
Conditional Use Time Art II,
Extension Section 2.C.6
Art II,
Rezoning
Section 2.D
Article II,
Master Plan (New) Section
CCYes*
2.D.6 Director of
P&Z
Article II,
Master Plan
Section
Modification (Major)
2.D.6.g
Article II,
Master Plan Director of
Section No
Modification (Minor) P&Z
2.D.6.h
Art II, Director of Director of
Sign Program
No
Section 2.E P&ZP&Z
Art II, Director of
Site Plan Review
Section 2.F P&Z
CCYes*
Site Plan Time Art II,
Extension Section 2.F.6
Art II,
Site Plan Modification
- 5-
(M
ajor)
Section 2.F.7
Site Plan Modification Director of
No
(Minor) P&Z
Vacation and Art II, Director of
Yes*
CC
Abandonment
Section 2.G P&Z
Planned Industrial Development (PIDApplications
)
Master Site Plan (New) Art II,
PID Zoning District Only
Section 3.A
CCYes
Master Site Plan Director of
Art II,
Modification, Major P&Z
Section
Master Site Plan Director of
3.A.6
No
Modification, Minor P&Z
Technical Site Plan (New) Art II,
PID Zoning District Only Section 3.B
Director of Director of
Technical Site Plan
No
P&ZP&Z
Modification, Major Art II,
Section 3.B.6
Technical Site Plan
Modification, Minor
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
continued
Art II, Director of
Waiver
CCYes
Section 3.C. P&Z
Relief Applications
Administrative
Art II, Director of Director of
No
Adjustment
Section 4.A P&ZP&Z
Community Design
Art II, Director of
CCYes
Appeal
Section 4.B P&Z
Art II, Director of
Height Exception
CCYes
Section 4.C P&Z
Variance to Land Art II, Director of
Yes*
CC
Development Regulations
Section 4.D P&Z
Art II, Director of See Site Plan See Site Plan
Waiver
Section 4.E P&ZReview Review
Permit Applications
Art II, Director of Director of
Sign Permit No
Section 5.A P&ZP&Z
Art II, Director of Director of
Zoning Permit No
Section 5.B P&ZP&Z
Historic Preservation
Certificate of
Art II,Director of
HRPBYes
Appropriateness
Section 6.A.P&Z
Historic District or
Art II,Director of
CCYes
Properties Designation
Section 6.B.P&Z
Historic Preservation
Art II, Director of
Property Tax Exemption CCYes
Section 6.C.P&Z
Application
Other Applications
Art II, Director of Director of
Certificate of Conformity No
Section 7 6.A P&ZP&Z
- 6-
Art II, Director of Director of
Lot Line Modification No
Section 7 6.BP&ZP&Z
MobileVendor VenderArt II, Director of Yes
P&D
Approval Section 7 6.CP&ZNo
Modification to Art II, Director of
CCYes
Development Order Section 7 6.D P&Z
Art II, Director of
Sidewalk Café Approval CCNo
Section 7 6.EP&Z
Zoning Verification Art II, Director of Director of
No
LetterSection 7 6.G P&ZP&Z
ARTICLE III. ENGINEERING DIVISION SERVICES
Art III,
Preliminary Plat City Engineer City Engineer No
Section 2.B
Art III,
Final Plat
City Engineer CC Yes
Section 2.C
Land Development
Art III,
City Engineer City Engineer No
Permit (LDP) Section 3
Art III,
Right-of-Way Permits
City Engineer City Engineer No
Section 4
Engineering Division
Art III,
City Engineer City Engineer No
Waiver
Section 5
REVIEWING PUBLIC
CODE APPROVING
APPLICATION TYPEAUTHORITY HEARING
SECTION AUTHORITY
(STAFF) REQUIRED?
ARTICLE IV. BUILDING DIVISION SERVICES
Art IV, Building Building
Building Permit
No
Section 2 OfficialOfficial
Art IV, Building Building
Sign Permit No
Section 3 OfficialOfficial
Building Board
Art IV, Building
of Adjustment Yes
Variance Section 4 Official
and Appeals
ARTICLE V. BUSINESS TAX SERVICES
Seasonal Sales Event Art V, Business Tax Business Tax
No
Approval Section 3 Manager Manager
Special Temporary Sales Art V, Business Tax Business Tax
No
Event Approval Section 4 Manager Manager
1
2* Quasi-judicial proceedings are required pursuant to Part II (City Code of
3Ordinances), Chapter 2, Article I, Section 2-20.
4
PART III (LDR), CHAPTER 2, ARTICLE II PLANNING & ZONING DIVISION
5
SERVICES
6
7
Section 1. General…
8
Section 2. Standard Applications…
9
Section 3. Planned Industrial Development (PID) Applications…
10
Section 4. Relief Applications…
11
12
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Section 4. Relief Applications.
1
2
3Each application for relief shall be considered unique and not set
4precedent for subsequent requests.
5
A. Administrative Adjustments…
6
B. Community Design Appeal.
7
8
1. General.
9
10
a. Purpose and Intent.
11The purpose of this
s
12subsection is to provide a relief process that allow
13for deviations from specific build-to line
14requirements of Chapter 3, Article III and any
15community design standard of Chapter 4 of these
16Land Development Regulations. The intent of this
17application process is not to provide a means of
18circumventing such standards but to allow for
19flexibility, and alternative ways to meet the intent of
20the code to yield high quality design, architectural
21detail, and visual interest without negative impacts
22to the subject site or surrounding properties.
23
b. Applicability.
24This application shall
25be applicable to any requested deviation from
26specific build-to line requirements of the Mixed-
27Use Urban Building and Site Regulations (Table 3-
284); Urban Commercial District Overlay Zone (Table
293-26); or any of a community design standard of
30Chapter 4 of these Land Development Regulations.
31The requested appeal shall be processed concurrent
32with a site plan unless otherwise determined by the
33Director of Planning and Zoning or designee.
34
c. Rules…
35
36
2. Submittal Requirements…
37
3. Review Criteria…
38
4. Approval Process…
39
5. Expiration…
40
41
C. Height Exception…
42
D. Variance to Land Development Regulations…
43
E. Waiver (Ocean Avenue Overlay Zone)…
44
45
Section 5. Permit Applications…
46
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Section 6. Historic Preservation Applications.
1
2
A. Certificate of Appropriateness.
3
4
1. General….
5
2. Submittal Requirements….
6
3. Review Criteria…
7
4. Approval Process…
8
9
5. Certificate of Economic Hardship.
10 Prior to taking
11an appeal of a decision to the City Commission on an
12application for a Certificate of Appropriateness, an
13applicant may file an application request in writing for a
14Certificate of Economic Hardship. Utilizing information
15supplied by the applicant, the Board reviews requests for
16Certificates of Economic Hardship to determine if a
17decision regarding a Certificate of Appropriateness
18application has caused or will cause an unreasonable
19economic hardship.
20
a. Application.
21 A request for a Certificate of
22Economic Hardship application must be submitted
23in writing within 30 days of the date of the hearing
24at which the Board’s decision on the Certificate of
25Appropriateness application is announced.
26
b. Board Agenda and Notice…
27
c. Negotiations Prior to Certificate of
28
Economic Hardship Hearing…
29
30
d. Determination of Economic Hardship.
31
32 The applicant has the burden of proving by
33competent substantial evidence that the Board’s
34decision regarding the Certificate of
35Appropriateness application has caused or will
36cause an unreasonable economic hardship. To
37determine economic hardship, the Board may
38request the followingapplicant shall submit the
39following with the request for a Certificate of
40Economic Hardship:
41
42(1) Proposed construction, alteration,
43demolition and removal costs;
44
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1(2) Structural and condition reports from
2a licensed professional with experience in
3assessing historic buildings;
4
5(3) Estimates as to the economic
6feasibility of rehabilitation or reuse;
7
8(4) The purchase price of the property,
9details of annual debt service or mortgage
10payments, recent appraisals, assessments,
11and real estate taxes;
12
13(5) Details of any income obtained from
14the property and cash flows for the previous
15two (2) years;
16
17(6) The status of any leases or rentals;
18and
19
20(7)all other information considered
21necessary by the Board to determine
22whether the property does or may yield a
23reasonable return to the owner.
24
25(7) Details of any listings of the property
26for sale or rent for the previous two (2)
27years.
28
29The applicant may submit or the Board may
30request any further additional information
31relevant to the determination of economic
32hardship.
33
34The effect of denial of the application for
35Certificate of Economic Hardship is that the
36decision regarding the Certificate of
37Appropriateness is upheld. If the
38application for Certificate of Economic
39Hardship is granted, the Board may issue the
40Certificate of Economic Hardship without
41conditions. Alternatively, the Board may
42issue the Certificate with conditions that will
43avoid the economic hardship and have the
44least adverse effect to the Property and the
45District.
46
- 10 -
1Such conditions may include, but are not
2limited to: ad valorem tax relief, loans or
3grants, requiring the owner to market and
4offer the Property for sale for a fair market
5price with appropriate preservation
6protections for a period of time not to
7exceed six (6) months, acquisition by a third
8party for a fair market value, Building and
9Zoning Code modifications, relaxation of
10the provisions of this ordinance,
11recommendation by the City Manager some
12or all of the applicable Board fees be
13waived, or such other relief as appropriate.
14
6. Appeal of Certificate of Appropriateness and
15
Certificate of Economic Hardship Decisions…
16
17
B. Historic District or Properties Designation.
18
19
1. General.
20
21
a. Purpose and Intent…
22
23
b. Applicability.
24 This application shall be
25applicable to all improved property that meets the
26criteria of Chapter 4, Article IX, Section 6.C.
27Applications for historic designation may be
28initiated by only the following:
29
30(1) Historic Resources Preservation
31Board, herein referred to as “Board” (see
32Chapter 1, Article VII, Section 4).
33
34(2) City Commission.
35
36(3) A property owner for designation of
37a Site.
38
39(4) A simple majority of property
40owners within the proposed District under
41consideration for designation.
42
43For District designations, each Property
44shall be allotted one (1) vote. The identity
45of the property owners shall be determined
- 11 -
1
2Rolls.
3
4Only the Board or the City Commission may initiate
5designation of a property or district owned by the
6City, County, State, or by an entity created by state
7law. For District designations, each Property shall
8be allotted one vote. The identity of the property
9owners shall be determined by the most current
10Palm Beach County Property Tax Rolls.
11
c. Terms and Definitions…
12
13
2. Submittal Requirements…
14
3. Review Criteria…
15
16
4. Approval Process.
17
18
a. Board Agenda…
19
20
b. Board Public Hearing Notice.
21The
22Board shall advertise and hold a public hearing in
23accordance with the following public noticing
24requirements:
25
26(1) For the proposed designation of an
27individual site, the applicant, at least ten
28(10) calendar days prior to the date set for
29the public hearing, shall:
30
31(a) Mail a notice of the time,
32place and subject matter of the public
33hearing to any owner of abutting or
34adjacent property as determined by
35the Historic Preservation Planner.
36
37(b) Post one (1) sign for each
38street frontage of the property in a
39prominent location.
40
41(2) For the proposed designation of a
42historic district, the applicant(s), at least ten
43(10) calendar days prior to the date set for
44the public hearing, shall:
45
- 12 -
1(a) Mail a notice of the time,
2place and subject matter of the
3hearing to any owner of real property
4within 400 feet of district subject to
5potential designation,
6
7(b) Post signs in prominent
8locations along public streets at the
9outer boundaries of the proposed
10district in such a manner as will
11assure that the signs will be seen by
12as many affected property owners as
13possible
14
15Signs shall be legible from a distance of 100 feet
16and shall contain a description of the approval being
17sought, the date, time and location of the hearing,
18and a statement that the application being
19considered is available for inspection in the
20Development Department of the City of Boynton
21Beach. Minimum sign size shall be 24” wide by
2218” high.
23
24Notice of the time, place and subject matter of the
25hearing shall be mailed to the applicant and mailed
26to any owner of real property within 400 feet of the
27property or district subject to potential designation,
28at least 30 10 calendar days prior to the date set for
29the public hearing.
30
31For the proposed designation of an individual site,
32one (1) sign for each street frontage of the property
33shall be posted in a prominent location no less than
3410 calendar days prior to the hearing. In the case of
35a proposed historic district, signs will be placed in
36prominent locations along public streets at the outer
37boundaries of the proposed district in such a manner
38as will assure that the signs will be seen by as many
39affected property owners as possible. Signs shall be
40legible from a distance of 100 feet and shall contain
41a description of the approval being sought, the date,
42time and location of the hearing, and a statement
43that the application being considered is available for
44inspection in the Development Department of the
45City of Boynton Beach. Minimum sign size shall be
4624” wide by 18” high.
- 13 -
1
c. No Action Permitted During Pendency…
2
d. Board Recommendations…
3
e. City Commission Decision…
4
f. Boynton Beach Register of Historic
5
Places.
6 ..
g. Designation Recorded…
7
h. Historic District Street Signs…
8
9
C. Historic Preservation Property Tax Exemption
10
Application…
11
12
Section7. Other Applications.
13
14
A. Certificate of Conformity…
15
B. Lot Line Modification…
16
C. Mobile Vendor Approval…
17
D. Modification to Development Order…
18
E. Sidewalk Café Approval…
19
F. Wireless Communication Facilities (WCF)…
20
G. Zoning Verification…
21
22
PART III (LDR), CHAPTER 2, ARTICLE IV BUILDING DIVISION SERVICES
23
24
Section 1. General…
25
Section 2. Building Permit.
26
27
A. General…
28
B. Submittal Requirements…
29
C. Review Criteria…
30
D. Approval Process…
31
E. State of Florida Fees…
32
33
F. Miscellaneous.
34
35
1. Revocation of Permits…
36
37
2. Certificate of Occupancy.
38No building or
39structure hereafter erected or structurally altered shall be
40issued a certificate of occupancy until the Building Official
41makes a finding that the building or structure has been
42erected or structurally altered in conformance with the
43provisions of this ordinance, and of all other applicable
44ordinances.Upon the issuance of a certificate of
45occupancy, an improved site must be maintained in
46compliance with the approved site plan.
- 14 -
1
Part III (LDR), Chapter 3, Article III ZONING DISTRICT AND OVERLAY
2
ZONES
3
4
Section 1. Overview.
5
6
A. General…
7
B. Residential Building and Site Regulations (Table 3-1).
8
9
10
- 15 -
1
2
C. Non-Residential Building and Site Regulations (Table 3-
3
2)…
4
D. Mixed-Use Suburban Building and Site Regulations
5
(Table 3-3)…
6
7
8
- 16 -
1
2
E. Mixed-Use Urban Building Site and Site Regulations
3
(Table 3-4).
4
- 17 -
MIXED USE, URBAN
MU-L1 MU-L2 MU-L3 MU-H
Lot Area, Minimum (acres):
Public park: N/AN/AN/AN/A
All other uses: 0.50 0.75 11
12
Lot Frontage, Minimum (feet): 100100150200
Structure Height, Minimum
303030 30
(feet):
Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR):
Classification of project frontage
on type of roadway:
53355, 6
HTDUFAR HTDUFARHTDUFARHTDUFAR
65 / 75 / 3.0/ 150/
Arterial: 45201.0 30/402.0/2.5 40804.0
333
1001003.5125
Collector: 45201.0 6530/402.0/2.5 75403.0/3.5 125804.0
Local collector: 45201.0 4530/402.0/2.5 55403.0 55603.5
4
Local:45201.0 4530/402.0/2.5 45201.0 45201.0
Building Setbacks Build-to-line
11
(feet):
1010101010101010
Front abutting a public right-of-way 0 to 100 to 100 to 100 to 15
10101010
Rear:0000
10101010
Interior side:0000
Building Setbacks, Minimum
11
(feet):
1213
Rear abutting:
78777
Residential single family: 25/ 0252525
99
Intracoastal waterway: 25250 0
12121212
All other uses:10101010
1213
Side abutting:
77, 8777
Residential single family: 25/ 0252525
12121212
All other uses:10101010
Usable Open Space, Minimum
13 14
2%
(square feet):
1
2
3
1.May be reduced if frontage extends from right-of-way to right-of-way line.
4
2.Minimum of 50 feet, if frontage is on a collector/local collector roadway.
5
3.For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of
6
100 feet from the MU-H zoning district line and shall require conditional use approval. For properties abutting the MU-H district located
7
east of US 1, the area of increase for height shall extend a distance of 100 feet from the MU-H zoning district line and shall require
8
conditional use approval; however, no increases in density and FAR are allowed. Must also have principal frontage on Arterial roadway.
9
4.Must also have frontage on local collector or higher roadway classification.
10
5.Maximum height on any street frontage is 40 feet. Maximum height on Intracoastal Waterway is 35 feet. Heights may require reduction
11
where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations.
12
6.Maximum height reduced to 125 feet for the entire project where property abuts any MU-Lor residential zoning district not separated by a
13
right-of-way.
14
7.Plus one additional foot for each foot of height over 35 feet.
15
8.Where there is an intervening right-of-ay of at least 40 feet. w
16
9.Subject to permitting agency approval.
17
10.Sidewalk of at least 10 feet required. Setback may be greater if public plaza/gathering space is provided.Buildings and structures shall be
18
located no farther than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual
19
obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two (2) rights-of-
20
way. See Section 5.C.2 below for additional relief provisions from build-t line requirements.o
21
11.Listed eligible Historic structures are not required to meet these standards.
22
12.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.3 below.
23
13.Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall
24
be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Chapter 4, Article III, Section
25
8 for additional regulations.
26
12.Reduction in setback may be allowed if void of negative impacts on adjacent use or on development potential of adjacent propert.y
27
13.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.2 below.
- 18 -
1
14.Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall
2
be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Chapter 4, Article III, Section
3
3.B. for additional regulations.
4
Section 2. Residential Districts.
5
6
A. R-1-AAB SINGLE-FAMILY RESIDENTIAL
7
DISTRICT…
8
B. R-1-AA SINGLE-FAMILY RESIDENTIAL
9
DISTRICT…
10
C. R-1-A. SINGLE-FAMILY RESIDENTIAL
11
DISTRICT…
12
D. R-1 SINGLE-FAMILY RESIDENTIAL
13
DISTRICT…
14
E. R-2 SINGLE AND TWO-FAMILY RESIDENTIAL
15
DISTRICT...
16
F. R-3 MULTI-FAMILY RESIDENTIAL
17
DISTRICT…
18
G. IPUD INFILL PLANNED UNIT DEVELOPMENT
19
DISTRICT
20.
21
1.General…
22
2. Use(s) Allowed…
23
3. Building and Site Regulations (Table 3-11)…
24
4. Review and Approval Process…
25
5. Parking…
26
6. Modifications…
27
7. Miscellaneous.
28
29
a…
30
b.
31 See Chapter 4, Article III, Section 43.J for
32additionalcommunity design standards regarding
33required site design in instances where the subject
34IPUD project is adjacent to single-family residential
35zoning districts.
36
c…
37
d…
38
e…
39
f…
40
g…
41
h…
42
43
Section 3. Commercial Districts…
44
Section 4. SMU MIXED-USE SUBURBAN DISTRICT.
45
A. General…
46
B.Use(s) Allowed…
47
- 19 -
C. Additional Use Regulations…
1
D. Building and Site Regulations.
2
3
1. Building and Site Regulation (Table 3-20).
4
5
6
- 20 -
1
2. Building Height Measurement…
2
3. Height Setback Envelope…
3
4
E. Review and Approval Process…
5
6
F. Parking.
7Required off-street parking is regulated in
8accordance with Chapter 4, Article V Minimum Off-Street Parking
9Requirements. See Chapter 4, Article III, Section 6.F.4 for
10additional community design standards pertaining to off-street
11parking.
12
1.Freestanding Parking Garages.
13As required by
14Chapter 4, Article III, Section 3.C.4.b.
15
2.Building Integrated Garages
16.As required by
17Chapter 4, Article III, Section 3.C.4.c.
18
3.Off-Street Parking Facilities.
19The SMU
20district contains additional standards relative to location
21and appearance of off-street parking facilities. Refer to
22Chapter 4, Article III, Section 3.C.4 for these additional
23development standards.
- 21 -
1
G. Modifications…
2
H. Miscellaneous…
3
4
Section 5. Mixed-Use (Urban) Districts…
5
6
A. General…
7
B. Use(s) Allowed…
8
C. Building and Site Regulations.
9
10
1. Building and Site Regulation (Table 3-21).
11
12
- 22 -
MIXED USE, URBAN
MU-L1 MU-L2 MU-L3 MU-H
Lot Area, Minimum (acres):
Public park: N/AN/AN/AN/A
All other uses: 0.50 0.75 11
12
Lot Frontage, Minimum (feet): 100150200
100
Structure Height, Minimum
303030 30
(feet):
Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR):
Classification of project frontage
on type of roadway:
53355, 6
HTDUFAR HTDUFARHTDUFARHTDUFAR
65 / 75 / 3.0/ 150/
Arterial: 45201.0
30/402.0/2.5 40804.0
333
1001003.5125
Collector: 45201.0 6530/402.0/2.5 75403.0/3.5 125804.0
Local collector: 45201.0 4530/402.0/2.5 55403.0 55603.5
4
Local:45201.0 4530/402.0/2.5 45201.0 45201.0
Building Setbacks Build-to-line
11
(feet):
1010101010101010
Front abutting a public right-of-way 0 to 100 to 100 to 100 to 15
10101010
Rear:0000
10101010
Interior side:0000
Building Setbacks, Minimum
11
(feet):
1213
Rear abutting:
78777
Residential single family: 25/ 0252525
99
Intracoastal waterway: 25250 0
12121212
All other uses:10101010
1213
Side abutting:
77, 8777
Residential single family: 25/ 0252525
12121212
All other uses:10101010
Usable Open Space, Minimum
13 14
2%
(square feet):
1
2
- 23 -
2.Minor and Major Variations to Build-to
1
Line Requirements.
2Notwithstanding the required
3build-to line requirement of Note #10 above,
4portions of buildings and structures may be
5constructed in excess of the distance specified in the
6above table, but not to exceed 15 feet in order to 1)
7optimize landscape design; 2) maximize on-site
8drainage solutions; 3) accommodate architectural
9features and building enhancements; or 4) to
10otherwise enhance public spaces such as sidewalks,
11plazas, fountains, or outdoor seating areas in order
12to further the purpose and intent of the Overlay
13Zone. Major deviations from the build-to line
14requirement above (in excess of 15 feet) may be
15allowed, but only with sufficient justification and
16contingent upon the approval of a Community
17Design Appeal application (see Chapter 2, Article
18II, Section 4.B).
19
3. Sky Exposure Plane…
202.
21
D. Review and Approval Process…
22
23
E. Parking
24.
25
1. General Requirements…
26
2. Reduced Parking Requirements in MU-H
27
district
28…
29
3. Off-Street Parking Facilities.
30 The Mixed
31Use (Urban) districts contain additional standards relative
32to location and appearance of off-street parking facilities.
33Refer to Chapter 4, Article III, Section 6.F 3.C.3 for these
34additional development standards.
35
F. Miscellaneous.
36
37
1. Access…
38
2. Building Location.
39See Chapter 4, Article III,
40Section 6 3.H.2.
3.Location of Dumpsters and Trash Receptacles…
41
4. Shade and Shelter.
42 See Chapter 4, Article III,
43Section 6 3.H.3.
44
- 24 -
5.Sidewalks in MU-H District.
1See Chapter 4,
2Article III, Section 6 for community design standards
3related to sidewalks VIII, Section D.
4
6.Landscape and Streetscape Design…
5
6
Section 6. Industrial Districts.
7
8
A. M-1 INDUSTRIAL DISTRICT.
9
10
1.General…
11
2. Use(s) Allowed…
12
13
3. Building and Site Regulations (Table 3-22)
14.
15
BUILDING / SITE REGULATIONS
M-1 District
1
Minimum lot area: 10,000 s.f.
Minimum lot frontage: 0 feet
Minimum yard setbacks:
Front:15feet
2 1
Rear:20 feet
Abutting:Residential district(s) 30 feet
3 2
Interior side: 15 feet
Abutting:Residential district(s) 30 feet
Corner side: 15 feet
Maximum lot coverage:
60%
43
Maximum Floor Area Ratio (FAR)
0.50
5 4
Maximum structure height: 45 feet
16
1
17A property that does not meet this
18minimum size shall be considered
19conforming only if it contains a whole
20platted lot and was not in combination with
21other lots under the same ownership at the
22time of the effective date of this ordinance
23(October 2, 2012), in which the cumulative
24size would have met the minimum required
25by code. Any such undersized lots that are
26further subdivided and reduced in size shall
27be considered non-conforming pursuant to
28Chapter 3, Article V, Section 11.
29
30
- 25 -
2 1
1Where rear yard abuts a
2railroad right-of-way or any paved alley, the
3rear yard may be reduced to 10 feet.
4
3 2
5Where rear yard abuts a
6paved alley or street, then no side setback
7shall be required.
8
4 3
9A Floor Area Ratio (FAR) up
10to 0.50 may be considered for industrial uses
11allowed within the M-1 district (see “Use
12Matrix” – Chapter 3, Article IV, Section
133.D), pursuant to the Industrial Future Land
14Use classification of the Comprehensive
15Plan.
16
5 4
17Not to exceed four (4) stories.
18
Section 7. Miscellaneous Districts.
19
20
Section 8. Overlay Zones
21
22
A. URBAN CENTRAL BUSINESS DISTRICT
23
OVERLAY ZONE…
24
B. MARTIN LUTHER KING JR. BOULEVARD
25
OVERLAY ZONE
26…
27
C. URBAN COMMERCIAL DISTRICT OVERLAY
28
ZONE
29.
30
1. Intent…
31
2. Objectives…
32
3. Defined.
33The Urban Commercial District Overlay
34Zone (UCDOZ0 is established in the city redevelopment
35plans as the geographical area defined by the following
36boundaries:
37
a. Federal Highway Corridor Community
38
Redevelopment Plan
39…
40
b. The Ocean District Community
41
Redevelopment Plan
42…
43
c. Boynton Beach Boulevard Corridor
44Plan.
45The boundary is the commercially-zoned parcels
- 26 -
1located along west Boynton Beach Boulevard, east
2of Interstate 95, and west of Seacrest Boulevard.
3
4. Conflict…
4
5. Building and Site Regulations (Table 3-26).
5
6Development within this Overlay Zone shall be in
7accordance with building and site regulations applicable to
8the underlying zoning district except as follows:
9
BUILDING SITE REGULATIONS
Urban Commercial District Overlay Zone
Build-to line:
1
Front (abutting any public right-of-way):0 ft
1
Rear:
0 ft
1
Interior side:
0 ft
Minimum yard setbacks:
Rear (abutting residential district):30 feet
Interior side (abutting residential district):15 feet
2
Maximum structure height:Zoning
10
1
11Buildings and structures shall be located no farther
12than zero (0) feet from the property line, excluding those
13instances where strict adherence hereto would cause visual
14obstructions to vehicular traffic, particularly within the
15triangular-shaped area of property formed by the
16intersection of two (2) rights-of-way. Notwithstanding the
17required build-to line requirement, portions of buildings
18and structures may be constructed in excess of the distance
19specified above, but not to exceed 15 feet when necessary
20to 1) optimize landscape design; 2) maximize on-site
21drainage solutions; 3) accommodate architectural features
22and building enhancements; and/or 4) to otherwise enhance
23public spaces such as sidewalks, plazas, fountains, or
24outdoor seating areas in order to further the purpose and
25intent of the Overlay Zone. Major deviations from the
26build-to line requirement above (in excess of 15 feet) may
27be allowed, but only with sufficient justification and
28contingent upon the approval of a Community Design
29Appeal application (see Chapter 2, Article II, Section 4.B).
30
2
31 Shall be defined by the applicable zoning district.
32
33
BUILDING / SITE REGULATIONS
Urban Commercial District Overlay Zone
- 27 -
Minimum yard setbacks:
Front:5 ft – 15 ft
1
Rear:Zoning
Interior side:0 ft – 15 ft
Abutting:Residential district:15 feet
Corner side:
10 ft – 15 ft
Maximum lot coverage:40%
1
Maximum structure height:
Zoning
1
1
2Shall be defined by the applicable zoning
3district.
4
6. Parking…
5
7. Miscellaneous.
6
7
a.Landscape and Streetscape Design…
8
9
b. Building Location.
10See Chapter 4, Article
11III, Section 6 3.H.2.
c. Shade and Shelter.
12 See Chapter 4, Article
13III, Section 6 3.H.3.
14
D. OCEAN AVENUE OVERLAY ZONE (OAOZ)…
15
16
1. Purpose and Intent…
17
2. Defined…
18
3. Conflict…
19
4. Uses Allowed. ..
20
5. Building and Site Regulations (Table 3-27).
21
22Development within this Overlay Zone, including
23proposed expansions and additions to existing structures
24shall be in accordance with the building and site regulations
25as follows:
26
BUILDING / SITE REGULATIONS
1
Ocean Avenue Overlay Zone
(Single Lot Depth)
Minimum lot area:
5,000 s.f.
Minimum lot frontage: 50 feet
Build-to-line Maximum build-to line:
2
Front:5 ft – 15 ft
2
Corner side:
5 ft – 15 ft
Minimum yard setbacks:
Rear:10feet
- 28 -
3
Abutting:Residential district: 20 feet
4
Interior side: 7.5 feet
Abutting:Historic structures: 10 feet
Maximum lot coverage:
65%
5
Maximum structure height: 35 feet
(Double Lot Depth)
All new developments with double lot depth shall be
constructed in accordance with the Mixed-Use Low
Intensity (MU-L1) zoning district building and site
regulation Table 3-21 in Section 5.C above, except as
contained herein.
See “Single-Lot Depth” above for all proposed
expansions or additions to existing structures.
5
Maximum structure height: 35 feet
1
2
6.Accessory Structures…
3
7. Parking…
4
8.Landscape and Streetscape Design…
5
9. Building Design.
6
10. Signage and Exterior Lighting Standards…
7
8
Section 9. Penalties…
9
10
PART III (LDR), CHAPTER 3, ARTICLE IV USE REGULATIONS
11
12
Section 1. Operational Performance Standards…
13
14
A.Noise
15. No use shall be carried out in any zoning district so
16as to create sound which is in violation of Part II, Section 15-8 of
17the City of Boynton Beach Code of Ordinances. Any use wherein
18floorshows or other forms of entertainment consisting of one (1) or
19more persons, amplified or non-amplified sound, are provided
20indoors or outdoors, including but not limited to entertainment
21provided by a disc jockey (DJ), master of ceremonies (MC),
22karaoke, or the like shall be subject to the Live Entertainment
23Permit requirement of Part II (City Code of Ordinances), Chapter
2413, Article IV, Section 13-80.
25
Section 2. Hazardous / Toxic Waste and Substances…
26
Section 3. Use Regulations…
27
28
Section 4. Conditional Uses.
29
- 29 -
1
A. Applicability...
2
B. Definition…
3
4
C.Standards for Evaluating Conditional Uses…
5
6
1…
7
2…
8
3…
9
4
10…
5…
11
6…
12
7…
13
8…
14
9…
15
10…
16
17
11.
18 Where applicable, the proposed use furthers the
19purpose and intent of a corresponding mixed use zoning
20district or redevelopment plan; and
21
12.
22 Compliance with, and abatement of nuisances and
23hazards in accordance with the Operational Performance
24Standards as indicated in Chapter 3, Article IV, Section 1
25and the Noise Control Ordinance, Part II, Chapter 15,
26Section 15.8 of the Boynton Beach Code of Ordinances.;
27and
28
29A sound impact analysis shall be required for new or
30expanding bar, nightclub or similar uses when involving
31property within 300 feet of a residential district. The
32analysis shall include mitigating solutions that would
33reduce or eliminate any potential for off-site nuisance
34conditions. Depending on the size of the proposed use, the
35distances to and level of compatibility with adjacent land
36uses, the sound analysis may be required to include
37information, diagrams and sketches indicating the types and
38locations of proposed sound emitting equipment, speaker
39orientations, maximum output, building or site design
40intended to mitigate sound impacts, and any operational
41standards including an affidavit documenting maximum
42sound limits to be maintained based on the findings of the
43analysis.
44
45A live entertainment permit shall be required if a
46bar/nightclub proposes live entertainment as defined in Part
- 30 -
1II (Code of Ordinances), Chapter 13, Article IV, Section
213-80.
3
13.
4Required sound study and analysis. All conditional
5use applications for bars, nightclubs and similar
6establishments shall include the following analysis
7performed by a certified acoustic engineer, unless a Live
8Entertainment Permit is applied for and received in
9accordance with Chapter 13, Article III “Live
10Entertainment Permit” (13-80):
11
a.
12Data on the sound emitting
13devices/equipment and the methods and materials to
14be used to assure that the acoustic level of the City
15Code will be met;
16
b.
17Theanalysis shall specify the authority
18and/or basis for determination of the acoustic level
19of the sound emitting devices/ equipment;
20
c.
21The analysis of any sound retention,
22reduction or reflection shall include information
23such as the nature, types and coefficients of sound
24absorbent and sound-reflecting materials to be used,
25coatings of the surfaces of ceilings, walls, windows,
26and floors and insulation to be used; and / or
27
d.
28It shall also verify that sound standards shall
29be met during the normal opening of doors for
30people entering and exiting the establishment.
31
PART III (LDR), CHAPTER 3, ARTICLE V SUPPLEMENTAL REGULATIONS
32
33
Section 1. General…
34
35
Section 2. Walls and Fences.
36
37
38Walls and fences are allowed in all zoning districts within all required
39yards and shall be regulated as follows:
40
A. Location and Height…
41
B. Cross-Visibility and Safe Sight…
42
43
C. Design.
44 Walls and fences shall be symmetrical in
45appearance with columns and posts conforming to a definite
46pattern and size of uniform design and separation. The wall or
- 31 -
1fence shall be kept in good repair and be continuously maintained
2in its original appearance. All walls and fences shall be erected
3with the finished side facing adjacent properties. The face of any
4fence or wall visible to the public shall also be finished.
5
6
7
8The exterior surface of a wall shall be finished with paint, stucco,
9or other commonly accepted material. See Chapter 4, Article III,
10Section 3.E for additional standards regarding the appearance of
11walls and fences.
12
D. Dangerous Materials…
13
E. Attachments…
14
F. Construction Sites…
15
G. Easements…
16
H. Buffer Walls…
17
I. Low Voltage Security Fencing…
18
19
Section 3. Common Building Appurtenances, Freestanding
20
Structures, and Site Amenities, Excluding Walls and Fences.
21
22
A. Building Appurtenances…
23
24
B. Decks, Patios, Steps, Stoops, and Terraces (Unenclosed
25
and Uncovered).
26Unless otherwise regulated by a master plan or
27site plan for a planned development, unenclosed and uncovered
28decks, patios, steps, stoops, and terraces less than or equal to one
29(1)-foot in height shall be setback at least two (2) feet from any
30property line. Those with heights betweengreater than one (1)
31foot but less than or equal to and three (3) feet shall be setback at
32least three (3) feet from any property line.In both instances, they
33shall be maintained and drained so as to prevent nuisance
34conditions to the public and/or abutting property owners. Decks,
35patios, steps, stoops, and terraces greater than three (3) feet in
- 32 -
1height shall comply with the minimum setbacks required for the
2principal building. Driveways for residential off-street parking
3areas shall be regulated in accordance with Chapter 4, Article V,
4Section 2.B.
5
C. Screened-Roof Enclosures…
6
D. Swimming Pools and Spas…
7
8
Section 4. Sale of Used Merchandise…
9
Section 5. Exterior Display of Merchandise…
10
Section 6. Special Sales Event…
11
Section 7. Seasonal Sales Event…
12
Section 8. Permanent Exterior Storage of Merchandise and
13
Equipment.
14
15
A. Purpose and Intent…
16
B. Districts…
17
C. Site Plan Required…
18
19
D. Type of Merchandise / Equipment.
20 The
21permanent exterior storage of retail merchandise or equipment is
22allowed, provided that said merchandise / equipment is owned by
23the operator of the respective business occupying the
24establishment, and is of the same type of merchandise or
25equipment typically sold or stored within the principal building.
26No exterior storage of building or construction materials shall be
27allowed anywhere, except for that which is stored in connection
28with a lawfully operating business (e.g., C) as provided
ONTRACTOR
29for in Chapter 3, Article IV, Section 3.
30
E. On-Site Location…
31
FSize…
32.
G. Screening...
33
34
Section 9. Sidewalk Cafés…
35
Section 10. Mobile Vendor Regulations…
36
Section 11. Nonconforming Regulations.
37
38
A. Lots and Parcels.
39
40
1. R-1 district, R-1A district, R-2 district, and R-3
41
district...
42
2.R-2 district
43…
3.R-1AA district…
44
4. R-1AAB district…
45
5. Densities
46…
- 33 -
6.Minimum Development Regulations
1.
2 Nonconforming lots which may be developed
3without requiring the approval of a variance, and which lie
4in residential districts, shall meet the minimum property
5development regulations that are generally applicable in the
6district; except, however, that the minimum setbacks shall
7be as follows:
8
…
9
10
7. Nonresidential Districts.
11
12
a. Generally.
13 In nonresidential districts,
14additional floor area and / or expansions to
15nonconforming buildings and structures are
16allowed, provided that the development meets all
17district setbacks. In nonresidential zoning districts,
18excluding M-1 Light Industrial, if both the lot area
19and lot frontage are not less than 85% of that
20required for the particular district, then structures
21and floor area may be added and the use may be
22changed from a residential to a nonresidential use
23on a nonconforming lot, without requiring the
24approval of a variance for the lot area or lot
25frontage. If either the lot area or lot frontage is less
26than 85% of that required for the particular district,
27then approval of a variance would be shall be
28required in order to add structures or add floor area
29to existing buildings or to change the use from a
30residential to a nonresidential use. Improvements
31which do not add structures or floor area or change
32the use of the property shall be permitted, regardless
33of lot size or frontage. For nonconforming lots
34which are vacant or are proposed to be cleared and
35redeveloped, approval of a variance shall be
36required prior to the construction of any structures
37or establishment of any use on the lot or parcel.
38
39The value of buildings shall be determined from the
40latest tax rolls on file at the Palm Beach County
41Property Appraiser's Office.
42
b. M-1 District.
43 A property that does not meet
44the minimum lot size required by Chapter 3, Article
45III, Section 6.A.3 shall be considered conforming
46only if it contained a whole platted lot prior to the
- 34 -
1effective date of this ordinance (October 2, 2012),
2and was not in combination with other in which the
3cumulative size would have met the minimum
4required by code.
5
c. Landscaping.
6 All developed or redeveloped lots
7zoned M-1 or C-4 and determined to be valid
8nonconforming lots relative to minimum lot area standards
9shall provide landscaping on-site that meets the intent of
10the urban landscape code of to the maximum extent
11feasible (see Chapter 4, Article II, Section 4.B).
12
B. Buildings and Structures…
13.
14
PART III (LDR), CHAPTER 4, ARTICLE I ENVIRONMENTAL PROTECTION
15
STANDARDS
16
17
ARTICLE I ENVIRONMENTAL PROTECTION STANDARDS
18
19
Section 1. General…
20
Section 2. City Approval Required…
21
Section 3. Preservation Principals…
22
Section 4. Standards…
23
24
A. General…
25
B. Preservation Efforts…
26
27
C. Mitigation of Existing Trees (Table 4-1 Mitigation of
28
Existing Trees).
29All existing trees that are not preserved in
30place or relocated on-site shall be mitigated in connection with a
31land development permit. The equivalent replacement for existing
32trees shall be based on caliper dimension or type of tree as
33indicated in the table below:
34
Type of Replacement Tree
Type of Existing
Canopy TreeCanopy TreeLarge PalmSmall &
1
Tree
(< 24” Caliper)(> 24” Caliper)TreeMedium Size
Palm Trees
Canopy Tree
223
1 tree 1 tree 2 trees3 trees
(< 24” Caliper)
Canopy Tree
223
1 tree 1 tree 4 trees3 trees
( 24” Caliper)
Large Palm Tree1 tree1 tree1 tree3 trees
Small & Medium
1 tree1 tree1 tree1 tree
Size Palm Trees
- 35 -
1
1
2Large palm trees are those species, such as Florida Royal,
3Canary Island Date, or any other palm species determined by staff
4to provide similar or greater shading compared to a canopy tree.
5
2
6 The cumulative caliper inches of existing trees to be
7removed shall be replaced on-site with an equal or greater number
8of caliper inches of a replacement canopy tree or trees.
9
3
10 A cluster of three (3) small or medium size palm trees shall
11be the equivalent replacement of one (1) canopy tree. Additional
12clusters of palm trees shall be required for each increment of four
13(4) caliper inches. For canopy trees having a trunk size equal to or
14greater than 24 caliper inches, no more than 50% of the caliper
15inches of the replaced canopy tree shall be substituted with s palm
16species.
17
PART III (LDR), CHAPTER 4, ARTICLE II LANDSCAPE DESIGN AND
18
BUFFERING STANDARDS
19
20
ARTICLE II LANDSCAPE DESIGN AND BUFFERING STANDARDS
21
22
Section 1. General…
23
Section 2. City Approval Required…
24
Section 3. Landscape Design Principles…
25
26
Section 4. Standards.
27
28
A. City-Wide Standards…
29
30
1. Native and Drought Tolerant Species…
31
2.Prohibited Species…
32.
33
3.Plant Material…
34
35
a.Trees…
36
37
38(1) Signature Tree…
39
40(2) Species. The minimum number
41of different species of trees provided shall
42be as follows:
43
44(i) Table 4-2 1 Tree Species…
45(ii) Signature trees…
- 36 -
1(iii)Small and medium palm
2Palm species, in a cluster of three (3)
3trees with varying heights, shall
4represent the equivalent of one (1)
5canopy tree or large palm tree. For
6the purposes of this subsection, large
7palm trees are those species, such as
8Florida Royal, Canary Island Date,
9or any other palm species determined
10by staff that has the same
11visual/shading effect as that of a
12canopy tree.
13
14(iv) No more than 50% of
15required trees on a lot within
16commercial or mixed-use zoning
17districts shall be comprised of palm
18species.
19
b. Shrubs and Hedges…
20
c. Vines…
21
d. Lawn…
22
23
4. Existing Plant Material…
24
5.Water Source…
25
6. Irrigation…
26
7.Installation…
27
8. Mulch (Non-living Plantings)…
28
9.Upland Buffer / Littoral Plantings…
29
10. Landscaping within Easements…
30
11. Landscaping within Rights-of-Way…
31
32
12.Landscaping within Off-Street Parking Lots…
33
34
a. Required Landscaping…
35
b. Tree Size and Type…
36
c. Large Islands…
37
d. Small Islands…
38
e. Plantings…
39
f. Cross Visibility…
40
g. Lighting…
41
42
h. Entrances/Exits.
43 Design emphasis shall
44be given to the entrances and exits to parking areas
45through the use of landscaping unless otherwise
46determined by staff to be contrary to the design
- 37 -
1objectives and principles of this article and/or
2Chapter 4, Article III.
3
13.Maintenance...
4
14. Cross-Visibility and Safe-Sight…
5
15. Raised Planters…
6
16. Maximum Height of Hedges…
7
17. Soils…
8
18. Pesticides…
9
19. Crime Prevention Through Environmental
10
Design (CPTED)…
11
12
20. Non-Conforming Lots.
13 All developed or
14redeveloped lots zoned M-1 or C-4 and determined to be
15valid nonconforming lots relative to minimum lot area
16standards shall provide landscaping on-site that meets the
17intent of the urban landscape code of Section 4.B below to
18the maximum extent feasible.
19
B. Urban Landscape Code.
20
21
1. General.
22
23
a. Applicability.
24 The “urban landscape
25code” shall apply to all properties currently zoned
26Central Business District (CBD), any properties
27located within the Mixed Use (urban) districts (see
28Chapter 3, Article III, Section 5), the Infill Planned
29Unit Development (IPUD) district (see Chapter 3,
30Article III, Section 2.G.), or any commercially-
31zoned properties located within the Urban
32Commercial District Overlay Zone (see Chapter 3,
33Article III, Section 8). All developed or
34redeveloped lots zoned M-1 or C-4 and determined
35to be valid nonconforming lots relative to minimum
36lot area standards shall provide landscaping on-site
37that meets the intent of the urban landscape code to
38the maximum extent feasible.
39
b. General Rules…
40
41
2. Landscape Strip Abutting Rights-of-Way…
42
3. Perimeter Landscape Buffers.
43
44
a. General…
45
b. Performance Standards…
46
- 38 -
1
c. Design Standards.
2 Perimeter landscape
3buffers shall be applied and designed as follows:
4
5(1) Table 4-3 2. Urban Landscape
6Buffer (Type 1).
7
8(2) Table 4-4 3. Urban Landscape
9Buffer (Type 2).
10
11(3) Table 4- 5 4. Urban Landscape
12Barrier.
13
14(4) Notes…
15
d. Exceptions (Cross Access)…
16
17
e. Along Florida East Coast Railroad…
18
f. Miscellaneous…
19
20
4. Interior Open Space.
21 See usable open space
22requirements of the Infill Planned Unit Development
23(IPUD) zoning district in Chapter 3, Article III, Section 2.G
244, Article III, Section 3.B.
25
5. Streetscape Design…
26
27
C. Suburban Landscape Code.
28
29
1. General…
30
2. Landscape Strip Abutting Rights-of-Way…
31
32
3. Perimeter Landscape Buffers.
33
34
a. General…
35
36
b. Standards.
37 Perimeter landscape buffers
38shall be applied and designed as follows:
39
40(1) Table 4-6 5. Suburban Landscape
41Buffer (Type 1).
42
43(2) Table 4-7 6. Suburban Landscape
44Buffer (Type 2).
45
- 39 -
1(3) Table 4-8 7. Suburban Landscape
2Buffer (Type 3).
3
4(4) Table 4-9 8. Suburban Landscape
5Barrier
6
7(5) Notes…
8
c. Exceptions (Cross Access)…
9
d. Along Florida East Coast Railroad…
10.
e. Miscellaneous…
11
12
4. Interior Open Space…
13
14
a. Multi-family and Planned
15
Developments…
16
17
b.SMU Suburban Mixed Use District.
18
19 See usable open space requirements of the
20Suburban Mixed Use (SMU) district in Chapter 3,
21Article III, Section 4 Chapter 4, Article III, Section
223.B.
23
c. PID Planned Industrial District…
24
25
Section 5. Alternate Compliance.
26
27
A. General…
28
29
1. Purpose and Intent…
30
2. Administration…
31
3.Applicability...
32
33
4. Nonconforming Lots.
34All developed or
35redeveloped lots zoned M-1 or C-4 and determined to be
36valid nonconforming lots relative to minimum lot area
37standards shall provide landscaping on-site that meets the
38intent of the urban landscape code of Section 4.B above to
39the maximum extent feasible. An Alternative Landscape
40Plan (ALP)may be utilized to consider spatial limitations,
41limited visibility by the general public, and use
42characteristics of the subject and adjacent properties.
43Landscape design should emphasize canopy trees along the
44perimeter of the site with hedge and groundcover plantings
45only required between the building and any street right-of-
46way. However, lots with a side corner yard abutting an
- 40 -
1improved right-of-way and those abutting residentially
2zoned property will be required to screen off-street parking
3and storage areas with understory plantings in addition to
4the canopy trees. On lots abutting the Florida East Coast
5(FEC) Railroad right-of-way, landscaping in accordance
6with the provisions of Chapter 4, Article II, Section 4.B.3.c
7shall be provided. Where deficiencies occur due to site
8constraints, other methods of landscaping (e.g., landscape
9cut-outs, planter pots, hanging baskets, etc.) may also be
10incorporated into the design to achieve site buffering as
11intended by City standards.
12
B. Alternative Landscape Plan (ALP)…
13
14
Section 6. Community Design.
15
16
A. General.
17
18
1. Purpose and Intent…
19
2. Administration…
20
3. Applicability…
21
22
4. Relief from Standards.
23 Any deviation from these
24landscape standards shall require a Community Design
25Plan Appeal (CDPA), which is subject to review and
26approval by the City Commission. A request for a CDPA
27shall be reviewed in accordance with Chapter 2, Article II,
28Section 4.B.
29
B. Foundation Landscaping Areas…
30
C.Plazas.
31 Plazas shall contain paved, open, and
32landscaped areas. At least one (1) tree shall be planted for each
33900 square feet of plaza area. Shade trees shall be planted within
34the plaza area or along the periphery. See Chapter 4, Article III,
35Section 7 3.B for additional regulations regarding plazas and open
36space.
37
D. Drive-through Facilities.
38 Pursuant to Chapter 4, Article
39III, Section 3.J Chapter 4, Article III, Section 3.A.10, drive-
40through facilities shall not be allowed on any building facade that
41directly faces a public or private right-of-way. Landscape material
42may be used to provide additional screening to ensure that said
43facilities, located on eligible building facades, are not visible from
44abutting properties or rights-of-way (pubic and private). This
45landscape screen shall consist of trees, shrubs, a berm, or a
- 41 -
1combination thereof, necessary to achieve the desired buffering
2effect.
3
E. Service Areas…
4
5
F. Mechanical Equipment.
6If feasible, all above ground
7mechanical equipment such as exterior utility boxes, meters, and
8transformers shall be visually screened. Back-flow preventers
9shall be painted to match the principal structure. See Chapter 4,
10Article III, Section 3.I A.9 for additional regulations regarding the
11screening of mechanical equipment.
12
G.Dumpster Enclosure…
13
H. Lift Stations…
14
I. Base of Signs…
15
J. Landscape Standards for Specific Uses…
16
17
Section 7. Penalties….
18
19
PART III (LDR), CHAPTER 4, ARTICLE III EXTERIOR BUILDING AND SITE
20
DESIGN STANDARDS
21
22
ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN
23
STANDARDS
24
25
Section 1. General…
26
Section 2. Design Principles…
27
Section 3. General Design Standards for Exterior Buildings…
28
Section 4. Design Standards for Multi-family and Non-Residential
29
Uses Adjacent to Single-Family Residential Zoning Districts…
30
Section 5.Design Standards for Specific Uses in the Use Matrix
31
(Table 3-28)...
32
Section 6. Design Standards for Development in Urban Areas.
33
34
A. General.
35
36
1. Purpose and Intent.
37The location of
38buildings/structures and off-street parking areas proposed
39for a development can directly impact the aesthetic fabric
40and quality of life for surrounding properties and the
41community as a whole. It is the purpose of this section to
42provide design standards that are tailored to distinct
43geographic areas of the City to ensure that the location,
44type, and appearance of buildings/structures and off-street
45parking areas are is appropriate with the type, intensity,
46scale, and location of redevelopment and new development.
- 42 -
1The intent of this section is to promote standards that are
2functional, practical, equitable, and creative.
3
2.Applicability.
4 Unless otherwise specified,
5these standards shall apply to new projects and major
6modifications to existing developments located in the
7following:
8
a.
9 All properties currently zoned:
10
11(1) Central Business District (CBD); or
12
13(2) Any “Mixed-Use (Urban)” district.
14For the purpose of this section, Mixed-Use
15(Urban) districts shall include the Mixed
16Use-Low Intensity 1 (MU-L1), Mixed Use-
17Low Intensity 2 (MU-L2), Mixed Use-Low
18Intensity 3 (MU-L3), and Mixed Use-High
19Intensity (MU-H) district.
20
b.
21 Any commercially zoned property located:
22
23(1) Along Boynton Beach Boulevard,
24east of Interstate 95 and west of the Florida
25East Coast (FEC) Railroad right-of-way;
26
27(2) Within the Urban Commercial
28District Overlay Zone (UCDOZ); and
29
30(3) Within the Martin Luther King
31Junior Boulevard Overlay Zone
32(MLKBOZ).
33
34c.General Rules
35
36(1)All parking facilities may contain
37small, permanent structures, such as shade
38structures and booths used by parking
39attendants.
40
41(2)For the purpose of this section,
42“Mixed-Use (Urban)” districts include the
43Mixed Use-Low Intensity 1 (MU-L1),
44Mixed Use-Low Intensity 2 (MU-L2),
45Mixed Use-Low Intensity 3 (MU-L3), and
46Mixed Use-High Intensity (MU-H) district.
- 43 -
1See Chapter 3, Article III, Section 5 for
2additional regulations pertaining to each
3zoning district.
4
5(3)“Overlay Zones” include the Urban
6Commercial District Overlay Zone
7(UCDOZ) and the Martin Luther King Jr.
8Boulevard Overlay Zone (MLKJBOZ). See
9Chapter 3, Article III, Section 8 for
10additional regulations pertaining to each
11overlay zone.
12
B.Building Location Standards.
13The revitalization of
14urban places depends on safety and security, with building/street
15design having a symbiotic relationship. The location of a building
16and its proximity/interaction with the public realm is paramount
17when trying to create urban areas that have a “sense of place” that
18is consistent with smart growth principles and neo-traditional
19planning efforts. Development must adequately accommodate
20automobiles, but in ways that respect pedestrians and the forms of
21public space and gathering areas.
22
23Each building shall meet the build-to line and reduced setback
24areas of the respective zoning district or Overlay Zone, whichever
25is applicable. The location of off-street parking areas is strongly
26discouraged between buildings and rights-of-way. However, in
27certain instances, this type of design may be impractical, and strict
28adherence may deter incremental improvements or upgrades to
29individual properties, which therefore, perpetuates the blighted
30conditions of the redevelopment areas. In these circumstances,
31deviations from the build-to line and reduced setback area
32requirements may be allowed, but only contingent the submittal of
33a Community Design Appeal application that satisfactorily
34addresses the evaluation criteria and when such application is
35approved by the City Commission.
36
37Within mixed-use and non-residential developments, structures
38proposed along arterial roadways shall be required to occupy the
39entire length of the street frontage, notwithstanding areas set aside
40for side corner yard setbacks and driveways needed to access the
41rear of the property. This building location requirement along the
42arterial roadway only applies to new construction or major site
43plan modifications to existing developments. Also see Chapter 4,
44Article II, Section 4.B.5 for additional streetscape design
45requirements.
46
- 44 -
C. Shade and Shelter Standards…
1
D. Standards for Windows…
2
E. Compatibility Standards…
3
4
F.Off-Street Parking Area Standards.
5
6
1. Types of Off-Street Parking Facilities…
7
8
2. Standards for Mixed Use (Urban) Districts and
9
Central Business District (CBD).
10This subsection shall
11be applicable to all new projects and major modifications to
12existing developments. Within “Urban Mixed-Use”
13districts, off-street parking areas shall be located to the rear
14or side of the structure they are intended to serve and
15screened from view from public streets, notwithstanding
16other provisions of these regulations that require a specific
17setback for a garage for a residential dwelling unit. The
18intent of these regulations is to emphasize buildings and
19pedestrian features within the streetscape and minimize the
20visual impacts of parking facilities. Where possible,
21parking areas should be located to the rear of a project.
22Also where possible, access to parking areas shall be from
23side streets, in order to minimize driveways and vehicular /
24pedestrian conflicts. The following standards shall apply to
25all properties located within Urban Mixed-Use districts as
26described in Section 6.B.2.a.(2) A3.b above:
27
a. Surface Parking…
28
b. Understory Parking Garage…
29
30
c. Freestanding Parking Garages.
31
32Freestanding parking garages are allowed within the
33“Mixed-Use (Urban)” districts provided that they do
34not have frontage on any arterial or collector
35roadway. The height of the freestanding parking
36garage may not exceed 75 feet in the MU-H district.
37
38All parking garages that front on arterial or collector
39roadways must be integrated into the development
40and designed as provided for in subparagraph “d”
41Section 6.C.4 below.
42
d. Integrated Garages…
43
44
3. Standards for the “Overlay Zones” and Boynton
45
Beach Boulevard.
46 a.Purpose and Intent.One of
- 45 -
1the objectives of the Urban Commercial District Overlay
2Zone and the Martin Luther King Jr. Boulevard Overlay
3Zone overlay zone is to preventThe purpose and intent of
4this subsection isto prevent the placement of off-street
5parking areas between the front of the building and the
6rights-of-way, particularly in areas where build-to line and
7reduced setback areas are applicable.
8
9c.Terms and Definitions.“Overlay Zones”
10include the cUrban Commercial District Overlay Zone
11(UCDOZ) and the Martin Luther King Jr. Boulevard
12Overlay Zone (MLKJBOZ). See Chapter 3, Article III,
13Section 8 for additional regulations pertaining to each
14overlay zone.
15
16Within redevelopment areas, the location of off-street
17parking areas is strongly discouraged between building and
18rights-of-way. However, when a project is proposed in
19such a manner that building location(s) would deviate from
20respective build-to line and reduced setback area
21requirements, resulting in a design that is contrary to the
22purpose and intent of Section 6.B above and this
23subsection, then that project shall be required to make
24upgrades to public realm and streetscape with simple but
25innovative urban design enhancements such as additional
26landscaping; pergolas/trellis-work/decorative structures;
27surface improvements to the pavement across driveways;
28short walls designed with benches and/or seating areas;
29public art; and the like, particularly in areas along the right-
30of-way where such deviations occur.
31
4. Standards for the Suburban Mixed-Use (SMU)
32
District.
33
34
a. Understory Garages.
35..
36
b. Freestanding Garages.
37Freestanding
38parking garages are not allowed within the SMU
39district. All parking structures, excluding
40understory garages, shall be designed as an
41integrated garage as provided for in subparagraph
42“c” Section 6.D.3 below.
43
c. Integrated Garages…
44
45
5. Miscellaneous Standards.
46
- 46 -
1
a. Number of Required Parking Spaces…
2
b. Off-Site Parking…
3
c. Interconnectivity…
4
d. Off-Street Parking for Large Non-
5
Residential Development (Big Box).
6 See
7Section7.J below 5.C.10 above for additional
8regulations regarding off-street parking lot locations
9for large non-residential (big box) developments.
10
e. Trash Collection Points…
11
12
G. Sidewalks.
13 The following regulations shall apply to
14sidewalks:
15
1. “Urban Mixed Use” Districts.
16The following
17regulations shall apply to sidewalks in all Urban Mixed Use
18zoning districts as described in Section 6.A.2.a(2) above:
19
a.Materials.
20 Sidewalks shall, where
21practical, be Holland-Stone pavers, red/charcoal
22color mix 2 by Paver Systems, Inc., or equal, laid in
23a 4 S herringbone pattern to continue the consistent
24with the current design elements in place along
25Federal Highway.
26
b.Design.
27 Pedestrian circulation should
28be carefully planned to prevent pedestrian use of
29vehicular ways and parking spaces.
30
31In all cases, pedestrian access shall be provided to
32public walkways.
33
2.Mixed Use-High Intensity (MU-H) District.
34
35 Sidewalks constructed along arterial roadways shall
36be a minimum of ten (10) feet wide, measured from the
37back of the curb.
38
3. Mixed Use Developments
39. Sidewalk accents via
40pavers or stamped colored concrete shall be utilized in all
41central pedestrian ways of mixed-use development areas.
42
Section 7.Design Standards for Large Non-Residential
43
Development (Big Box) in Suburban Areas.
44
45
A. Purpose and Intent…
46
- 47 -
1
B. Applicability.
2 The following standards are
3applicable to any commercial structure in excess of 15,000 square
4feet, unless stated otherwise herein, excluding those properties
5located in urban areas as described in Section 6 above. The term
6“commercial,” as used in these regulations, shall also include
7structures utilized for office uses and those industrial uses that
8front on arterial or collector roadways.
9
C. Façades…
10
D. Roofline…
11
E. Windows…
12
F. Public Entrances…
13
G. Covered Walkways…
14
H. Landscaping…
15
I. Site Amenities.
16
J. Off-Street Parking Lot Orientation…
17
K. Miscellaneous.
18
19
Section 8. Open Space and Plaza Requirements…
20
Section 9.Standards for Pedestrian and Bicyclist Amenities…
21
Section 10. Design Standards for Walls, Fences, and Miscellaneous
22
Outdoor Structures.
23
Section 11. Maintenance of Buildings, Structures, and Site…
24
Section 12. Exterior Building and Site Design Guidelines…
25
26
PART III (LDR), CHAPTER 4, ARTICLE IV SIGN STANDARDS
27
28
ARTICLE IV. SIGN STANDARDS
29
30
Section 1. General…
31
Section 2. City Approval Required…
32
Section 3.Prohibited Signs…
33
34
Section 4. Standards.
35
36
A. General.
37 The following general standards shall apply
38to all signs city-wide:
39
1. Sign Content…
40
2. Computation of Sign Area…
41
3. Cross Visibility and Safe-Sight…
42
4.Traffic Hazards…
43
5.Wind Load…
44
6.Unlawful or Unsafe Signs…
45
7.Maintenance…
46
- 48 -
8. Overhead Clearance…
1
9.Property Address…
2
10. Illuminated Signs…
3
4
11. Crime Prevention Through Environmental
5
Design (CPTED).
6 See Chapter 4, Article III, Section 12
75.B for additional regulations regarding signs and CPTED
8guidelines.
9
B. Temporary Signs.
10 It shall be unlawful to affix, erect,
11locate, or maintain any temporary sign off-premises unless
12otherwise authorized under this subsection. Temporary signs shall
13be allowed in accordance with the following provisions:
14
1. Real Estate Sign.
15A temporary real estate sign
16is allowed on private property for the purpose of
17advertising the sale or lease of such property. The sign(s)
18shall comply with the following standards:
19
a. Maximum Number, Size and Height
20
(Table 4- 11 10)…
21
22
b. Setbacks…
23
c. Exemptions…
24
d. Duration…
25
e. Prohibited in Required Landscape
26
Strip…
27
28
2. Project Development Sign.
29
30
a. General…
31
32
b. Maximum Number, Size and Height
33
(Table 4- 12 11)…
34.
35
c. Duration…
36
37
3. Construction Sign…
38
4. Banner…
39
40
5. Political Sign.
41 With consent of the property
42owner, a temporary political sign is allowed on private
43property during the period preceding any local, state, or
44national election. No political sign is allowed within
45rights-of-way or on City-owned property. In addition,
46political signs shall meet the following standards:
- 49 -
1
a. Maximum Number, Size and Height
2
(Table 4- 13 12)…
3
4
6. Special Sales Event Sign…
5
7. Seasonal Sales Event Sign…
6
8. Vehicle Display Sign…
7
9. Recreation and Parks Department Special Event
8
Sign…
9
10. Feather Banners…
10
11
C. Permanent Signs.
12It shall be unlawful to affix, erect,
13locate, or maintain any permanent sign off-premises unless
14otherwise authorized under this subsection. Permanent signs shall
15be allowed in accordance with the following provisions:
16
1. Wall Sign (Affixed to Building).
17
18
a. General…
19
20
b. Maximum Sign Area (Table 4-14 13)…
21
22
c. Signs on Multiple-Story Buildings…
23
d. Community Design Standards…
24
25
2. Monument Sign.
26
27
a. Purpose and Intent…
28
b.Computation of Height…
29
30
c. Maximum Height, Size and Number
31
(Table 4-15 14)…
32
33
d. Setbacks…
34
e. Cross Visibility and Safe-Sight…
35
f. Property Address…
36
g. Project Name…
37
h. Changeable Copy Signs…
38
i. Miscellaneous…
39
j. Community Design Standards…
40
41
3.Directory Sign…
42
4.Directional Sign…
43
5. Menu Board Sign…
44
6. Awning Valance Sign.
45One (1) sign, located
46on the valance of an awning hung over each public entrance
- 50 -
1is allowed within multi-family residential (10 units or
2more) and nonresidential developments, provided the
3signage area does not exceed 80% of the valance area. An
4awning valance sign shall count toward the aggregate wall
5signage area. The sign shall not be internally-illuminated.
6See Section 5.C.5 below for additional community design
7standards regarding awning valance signs.
8
9See Chapter 4, Article III, Section 3.E A.5 for additional
10design standards regarding awnings and canopies.
11
7. Covered Walkway / Arcade Sign…
12
8. Blade Sign…
13
9. Window Sign…
14
10. Rear Door Business Identification Plaque…
15
11. Mixed-Use Development Identification Sign…
16
12. Neighborhood Identification Sign…
17
13.Nameplate or Identification Plaque…
18
19
D. Special Signs.
20The following special signs shall be allowed
21in accordance with the following provisions:
22
1. Civic and Not-for-Profit Directional Sign…
23
24
2. Transit Shelter Sign.
25 Signs on city transit stop
26shelters may be allowed when authorized by written
27agreement approved by action of the City Commission
28pursuant to the provisions of Florida Statutes. When so
29authorized by the City Commission, the following
30standards shall apply:
31
a. Location.
32 Signs placed on city transit stop
33shelters shall only be allowed at city transit stops
34designated or approved by the City. A transit
35shelter, proposed on private property or within the
36right-of-way, shall be located and designed in
37accordance with Chapter 4, Article III, Section 10.B
383.F.1.
39
b. Number…
40
c.Elevation…
41
d. Exemption…
42
43
3. Newracks…
44
4.Murals…
45
5. Electric Vehicle (EV) Charging Station Sign…
46
- 51 -
1
Section 5. Community Design.
2
3
A. General…
4
B.Community Design Standards for All Signs…
5
C. Community Design Standards for Specific Types of
6
Signs…
7
D. Community Design Standards for Logos and Icons.
8
9
1. General…
10
2. Maximum Percentage and Size (Table 4-16 15)…
11
12
Section 6. Sign Program…
13
14
PART III (LDR), CHAPTER 4, ARTICLE V MINIMUM OFF-STREET
15
PARKING REQUIREMENTS
16
17
ARTICLE V. MINIMUM OFF-STREET PARKING
18
REQUIREMENTS
19
20
Section 1. General…
21
Section 2. Standards.
22
23
A. General…
24
25
B. Table 4-17. Residential and Lodging Uses…
262
27
C. Table 4-18. Commercial and Health Care / Office
283
Uses…
29
30
D. Table 4-19. Arts, Entertainment, and Recreational
314
Uses…
32
33
E. Table 4-20 Industrial Uses…
345
35
F. Table 4-21 Educational Uses…
366
37
G. Table 4-22 Public and Civic Uses…
387
39
Section 3. Special Reductions in Required Off-Street Parking…
40
Section 4.Exceptions to Providing Required Off-Street Parking…
41
42
Section 5.Other Parking Regulations.
43
44
A. Maximum Number of Provided Parking.
45 For all new
46and major modifications to existing non-residential uses, the total
- 52 -
1number of provided off-street parking spaces shall not exceed the
2thresholds as established below:
3
1. Thresholds…
4
2. Methodology...
5
3. Exemption…
6
7
B. Handicap Accessible Off-Street Parking.
8
9
1.Applicability…
10
11
2.Table 4-23. Handicap Accessible Parking
127
Requirements…
13
14
C.Permanent Reservation of Off-Street Parking Spaces…
15
16
Section 6. Penalties….
17
18
PART III (LDR), CHAPTER 4, ARTICLE VI PARKING LOT, VEHICULAR USE
19
AREAS, AND LOADING STANDARDS
20
21
ARTICLE VI. PARKING LOT, VEHICULAR USE AREAS, AND
22
LOADING STANDARDS
23
24
Section 1. General…
25
Section 2. City Approval Required…
26
27
Section 3. Standards.
28
29
A. General.
30
31
1.Movement.
32 A clearly defined vehicular
33circulation system shall be provided which allows free
34movement within the proposed development while
35discouraging excessive speeds. Vehicular circulation
36systems shall be separated as much as practicable from
37pedestrian circulation systems. Off-street parking facilities
38and other vehicular use areas shall be integrated with
39surrounding structures and with the building or group of
40buildings for which they serve. See Chapter 4, Article III,
41Section 3.C.2 for additional regulations.
42
2.Points of Access…
43
3.Through Traffic…
44
4.Storage Demand…
45
5.Emergency and Service Vehicles…
46
- 53 -
6.Sidewalks…
1
7.Compliance…
2
3
B. Off-Street Parking and Vehicular Use Areas.
4
5
1. General…
6
2. Required Surface…
7
3. Minimum Dimensions and Accessibility...
8
4.Vehicular Traffic Control Markings.
9 All traffic
10signing and pavement marking shall comply with the U.S.
11Department of Transportation Federal Highway
12Administration Manual on Uniform Traffic Control
13Devices. Particular attention is directed toward Section 3.G
142A, which contains sign design, shape, color, mounting
15height and other conditions. Fire lanes shall be identified
16with marking and signage in accordance with Section 8 of
17this article. Parking stalls shall be delineated in accordance
18with the Engineering Design Handbook and Construction
19Standards.
20
5.Landscaping…
21
6. Irrigation…
22
7. Curbs and Car Stop…
23
8. Drainage…
24
9. Illumination…
25
10.Sidewalks…
26
27
11. Structures.
28Parking facilities may contain small,
29permanent structures such as shade structures and booths
30used by parking attendants.
31
Section 4. Community Design.
32
33
A. General…
34
B. Off-Street Loading…
35
C. Dumpsters and Trash Receptacles…
36
37
D. Off-Street Parking Areas and Parking Garages.
38 Public
39or private off-street surface parking lots, understory parking, and
40all types of parking garages shall comply with this section, the
41Florida Building Code, and with county-wide amendments thereto.
42Where appropriate, security systems may be required.
43
1. On-Site Parking.
44 Required parking spaces for
45all residential uses shall be located on the same lot or
46development as the dwelling to be served. Parking spaces
- 54 -
1for non-residential uses may be located off-site but only in
2accordance with Section 9.D.2 below. See Chapter 4,
3Article III, Sections 6 and 7 for additional community
4design standards pertaining to off-street parking.
5
a.District Regulations.
6The location
7and appearance of on-site parking facilities shall
8comply with Chapter 4, Article III, Section 3.C.
9
b.Large Non-Residential (Big Box)
10
Development Regulations.
11The location of off-
12street surface parking areas for large non-residential
13(big box) developments are further regulated in
14accordance with Chapter 4, Article III, Section 3.I.
15
2. Off-Site Parking…
16
3. Interconnectivity…
17
4. Required Off-Street Parking Calculations, By
18
Use…
19
5. Shared Parking…
20
21
Section 5. Penalties…
22
23
PART III (LDR), CHAPTER 4, ARTICLE VII EXTERIOR LIGHTING
24
STANDARDS.
25
26
ARTICLE VII. EXTERIOR LIGHTING STANDARDS
27
28
Section 1. General…
29
Section 2. City Approval Required…
30
Section 3. Standards…
31
Section 4. Community Design…
32
Section 5. Prohibited Lighting.
33
34
35The following types of outdoor lighting are prohibited:
36
A. Spillage…
37
B. Unauthorized Traffic Lighting…
38
C. Beacon or Searchlights…
39
D. Drop Lens Fixtures…
40
E. Neon Tubing, Bare Bulbs, and Miniature Lighting…
41
42
F. Awnings.
43 No awnings, valances, or support structures
44shall be internally-illuminated or backlit pursuant to Chapter 4,
45Article III, Section 3.E A.5.
46
- 55 -
Section 6. Penalties…
1
2
PART III (LDR), CHAPTER 4, ARTICLE VIII ROADWAYS, UTILITIES, AND
3
INFRASTRUCTURE STANDARDS.
4
5
ARTICLE VIII. ROADWAYS, UTILITIES, AND INFRASTRUCTURE
6
DESIGN STANDARDS
7
8
Section 1. General…
9
Section 2. City Approval Required…
10
Section 3. Standards.
11
12
A. General Standards for All Required Improvements….
13
B. Utilities…
14
C. Roadways and Streets
15.
16
1. General…
17
2. Designation System…
18
3. Naming System…
19
20
a. Curvilinear Streets…
21
b. Streets Crossing Ocean Avenue…
22
23
c. (Table 4-23) Suffixes…
248
d. Street Name Changes…
25
e. Standard Street Name Numbering and
26
Addressing…
27
f. Vanity Street Name Numbering and
28
Addressing…
29
30
4. Street Layout and Configuration.
31
32
a. General…
33
b. Width of Ultimate Right-of-Way.
34
35
36(1) (Table 4-24 9) General Standards…
37(2) Within All Planned Residential
38Developments…
39(3) Within All Commercial and
40Industrial Districts…
41
c. Width of Pavement…
42
d. Dimensions of Blocks
43…
e. Dead-end Streets…
44
f. Street Jogs…
45
g. Half-streets…
46
- 56 -
h. Marginal Access Streets…
1
i. Local Streets…
2
j. Railroads Abutting Developments…
3
k. Thoroughfare Intersections…
4
l. Alignment, Tangent, Deflection, Radii…
5
m. Traffic Calming Measures…
6
n. Lot Access…
7
o. Driveway Spacing…
8
p. Street Connections…
9
q. Cross Access Roads…
10
r. Median Strips…
11
s. Entrances to Developments…
12
t. Collector Road Dedication…
13
u. Visual Obstructions of Intersections…
14
v. Right-of-Way Improvement &
15
Construction Standards…
16
17
5. Construction, Repair, or Alterations…
18
19
D.Sidewalks.
20
21
1. General…
22
2. Standards…
23
3. Construction, Repair, or Alterations…
24
4. Abandonments…
25
5.Miscellaneous…
26
27
6. Community Design.
28SeeChapter 4, Article III,
29Sections 6 and 7 Section 4 below for additional regulations
30community design standards related to sidewalks and
31pedestrian pathways.
32
E. Pedestrian and Bicycle Paths…
33
F. Bridges & Culverts…
34
G. Drainage, Stormwater, and Wastewater Management…
35
H. Canals and Waterways…
36
37
Section 4.Community Design.
38
A.General.
39
40
1.Purpose and Intent.
41The purpose of this section is
42to promote harmony with nature and a pleasant and
43comprehensible cohesiveness among development within
44the City. Through enforcement of the Community Design,
45the local elected officials shall determine the basic aesthetic
- 57 -
1character to be achieved in the development of the
2community.
3
2.Administration.
4The Director of Planning and
5Zoning shall have the authority to coordinate, interpret, and
6administer this section.
7
3.Waiver.
8Any deviation or variation from the
9regulations of this section requires the approval of a
10Community Design Appeal (CDPA) in accordance with
11Chapter 2, Article II, Section 4.B.
12
B.Sidewalks.
13 The following regulations shall apply to
14sidewalks:
15
1.“Urban Mixed Use” Districts.
16The following
17regulations shall apply to sidewalks in the Mixed Use-Low
18Intensity 1, Mixed Use-Low Intensity 2, Mixed Use-Low
19Intensity 3, and Mixed Use-High Intensity districts:
20
a.Materials.
21Sidewalks shall, where
22practical, be Holland-Stone pavers, red/charcoal
23color mix 2 by Paver Systems, Inc., or equal, laid in
24a 4 S herringbone pattern to continue the consistent
25with the current design elements in place along
26Federal Highway.
27
b.Design.
28Pedestrian circulation should
29be carefully planned to prevent pedestrian use of
30vehicular ways and parking spaces.
31
32In all cases, pedestrian access shall be provided to
33public walkways.
34
2.Mixed Use-High Intensity (MU-H) District.
35
36Sidewalks constructed along arterial roadways shall
37be a minimum of ten (10) feet wide, measured from the
38back of the curb.
39
3.Mixed Use Developments
40.Sidewalk accents via
41pavers or stamped colored concrete shall be utilized in all
42central pedestrian ways of mixed-use development areas.
43
4.Large Non-Residential Development (Big Box)
44
Regulations.
45See Chapter 4, Article III, Section 3.I for
- 58 -
1additional regulations regarding pedestrian pathways within
2large non-residential (big box) developments.
3
Section 4. Penalties…
45
5
PART III (LDR), CHAPTER 4, ARTICLE IX BUILDING, CONSTRUCTION,
6
AND HISTORIC PRESERVATION REQUIREMENTS.
7
8
ARTICLE IX. BUILDING, CONSTRUCTION, AND HISTORIC
9
PRESERVATION REQUIREMENTS.
10
11
Section 1. General…
12
Section 2. City Approval Required…
13
Section 3. Certificate of Occupancy or Completion…
14
Section 4. Florida Building Code Requirements…
15
Section 5. Coastal Building Zone Requirements…
16
Section 6. Historic Preservation Requirements.
17
18
A. General…
19
20
B. Designation of Historic Properties and Districts.
21
22
1. Guidelines for Historic Designation.
23 To
24qualify as a Property or a District, individual properties
25must have significance in American history, architecture,
26archeology, engineering or culture and possess integrity of
27location, design, setting, materials, workmanship, feeling,
28and association. For Districts, eligibility is based on the
29establishment of historic contexts or themes which describe
30the historical relationship of the Properties within the
31district. Individual Buildings shall normally be at least 50
32years old and, in the case of a District, at least 50% of the
33Buildings shall normally be at least fifty years old.
34Buildings shall also be significant in one or more of the
35following areas;
36
a…
37
b…
38
c…
39
d…
40
e…
41
42
2. Criteria Considerations…
43
3. Procedures…
44
4. Removal of Designation…
45
46
- 59 -
5. Designation of County, State or Other Political
1
Subdivision Properties…
2
6. Maintenance and Repair of Designated
3
Properties; Demolition by Neglect Prohibited…
4
7. Nominations to the National Register of Historic
5
Places…
6
8. Designated Historic Sites…
7
8
C. Certificate of Appropriateness.
9 The Board or staff
10shall review actions affecting the exterior of Properties and all
11Resources, including non-contributing Properties, within Districts.
12
1.Board Approval Required.
13
14
a.Board Approval.
15Utilizing the Design
16Guidelines Handbook, the Board reviews
17applications for Certificates of Appropriateness for
18alterations, new construction, demolitions,
19relocations, and Certificates of Economic Hardship
20affecting proposed or designated Properties or
21Properties within Districts.
22
1. Secretary of the Interior’s Standards for
23
Rehabilitation…
24
25
2. Additional Criteria…
26
27
a. New Construction and Alterations. ..
28
b. Additions…
29
c. Demolition…
30
31
32(1) Simultaneous certificates required…
33(2) Demolition Delay Period…
34(3) Salvage and Preservation of Specific
35Features…
36
37(4) Authority to Initiate Designation.
38 If an undesignated property warrants
39it and it is otherwise authorized under this
40ordinance, staff may initiate, or recommend
41that the Board initiate, the designation
42application and review process. Staff may
43further request that the Board require that
44the issuance of a demolition permit be
45stayed pending the Board’s review of the
46application and the City Commission’s
- 60 -
1decision to designate or deny designation of
2the property. However, the maximum
3period during which the issuance of a
4demolition permit may be stayed pursuant to
5this paragraph is one hundred twenty (120)
6days, unless extended by the City
7Commission. If for any reason the
8designation process is not completed and the
9demolition application is approved, the
10owner shall, at his/her expense, fully record
11the building prior to Demolition and make a
12reasonable attempt to salvage and preserve
13specified classes of building materials,
14architectural details, ornaments, fixtures and
15the like.
16
d. Relocation…
17
e. Changes in Approved Work…
18
19
D. Historic Preservation Property Tax Exemption
20
Program.
21
22
1. General…
23
2. Tax Exemption for Historic Properties.
24
25
a.Definitions.
26
27
28(1)Alteration. Any construction or change of
29the exterior of a building, site, or structure
30designated as a site or site within a district. For
31buildings, sites, or structures, alteration shall
32include, but is not limited to the changing of roofing
33or siding materials; changing, eliminating, or adding
34doors, moldings, fretwork, door frames, windows,
35window frames, shutters, fences, railings, porches,
36balconies, signs, or other ornamentation; regrading;
37fill; imploding or other use of dynamite. Alteration
38shall not include ordinary repair or maintenance, or
39changing of paint color.
40
41(2)Noncontributing Property. A building, site,
42structure, or object which does not add to the
43historic architectural qualities, historic associations,
44or archaeological values for which a district is
45significant because 1) it was not present during the
46period of significance; 2) due to alterations,
- 61 -
1disturbances, additions, or other changes, it no
2longer possess historic integrity reflecting its
3character at that time or is incapable of yielding
4important information about the period; or 3) it does
5not independently meet the National Register of
6Historic Places criteria for evaluation.
7
8(3)Notice. To an Interested Party, notice shall
9be by U.S. Mail and deemed given as of the date of
10mailing. For all other persons, notice shall be by
11publication.
12
a.
13The City Commission hereby creates a tax
14exemption for the appropriate restoration,
15renovation or rehabilitation of qualifying historic
16properties designated herein. Qualifying property
17shall be exempt from that portion of ad valorem
18taxation levied by the City on one hundred percent
19(100%) of the increase in assessed value resulting
20from any appropriate renovation, restoration or
21rehabilitation of the qualifying property made on or
22after the effective date of this ordinance.
23
b…
24
25
3. Qualifying Properties and Improvements…
26
4. Evaluation of Property Used for Government or
27
Nonprofit Purpose…
28
5. Application for Exemption; Fees…
29
6.Preconstruction Application…
30
7.Review of Preconstruction Application…
31
32
8. Appeals to the Historic Resources Preservation
33
Board.
34
35
a.
36 Within ten (10) days of receipt of notice that
37the City has denied a Preconstruction Application,
38the applicant may file anwritten notice of appeal of
39the denial to the Board. The appeal shall be filed on
40a form prepared by the City and processed in
41accordance with the public meeting and notification
42procedures required of the City’s quasi-judicial
43hearing process, except that public notices need
44only be mailed to owners of abutting propertiesor
45adjacent property as determined by the Historic
46Preservation Planner.
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1
b…
2
3
9.Issuance of Other Permits or Approval…
4
10.Completion of Work…
5
11.Final Application and Request for Review of
6
Completed Work…
7
12.Recommendations to Historic Resources
8
Preservation Board and City Commission…
9
13. Approval by the City Commission…
10
14.Notice of Approval to the Property Appraiser…
11
15. Effective Date and Duration of Tax Exemption…
12
16.Property Maintenance, Penalty, and
13
Revocation…
14
17.Annual Report…
15
16
E. Standards for Archeological Work; Discovery of
17
Archeological Site…
18
19
Section 7. Enforcement and Penalties…
20
21
22
23
C:\LDR Amendments\Future\M-1 District and Landscaping\Proposed Changes for P&D Final.doc
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