Agenda 05-28-13
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, May 28, 2013 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 March 26, 2013 meeting
5. Election of Chair and Vice Chair
6. Communications and Announcements: Report from Staff
7. New Business:
Boynton Old School Commercial Center (LUAR 13-002)
A.1. - Approve the Boynton Old
School Commercial Center (LUAR 13-002) reclassifying subject property from Public and
Private Governmental/Institutional (PPGI) to Mixed Use (MX) and rezoning subject property
from Public Usage (PU) to Mixed Use Low Intensity 1 (MU-L1) consisting of a site plan for
the adaptive reuse of the Old Boynton High School building and related site improvements,
located at 125 East Ocean Avenue. Applicant: City of Boynton Beach.
Boynton Old School Commercial Center (MSPM 13-001)
A.2. - Approve Major Site Plan
Modification for building renovations, site improvements and construction of two (2) 3,150
square foot additions to an existing 31,234 square foot building for a total of 37,534 square
feet, on a 1.95 acre parcel proposed to be rezoned MU-L1 (Mixed Use Low 1). Applicant:
Juan Contin, Boynton Old School Partnership LLC.
Economic Development Interim Amendments (CDRV 13-002)
B.1. – Approve amendments
to the LDR to 1) amend the definitions to distinguish between governmental uses, and
create new commercial/warehouse uses and parking regulations; 2) amend zoning matrix
regarding theater, day care, manufacturer’s representative and automotive repair uses; 3)
update Ocean Avenue Overlay Zone by adding uses intended for the corridor consistent
with redevelopment plan; 4) create definitions and regulations for small wind energy
systems; 5) amend regulations for decks, patios, steps, stoops, and terraces; and 6) amend
the flood prevention regulations consistent with the State of Florida Model Ordinance.
Applicant: City of Boynton Beach.
8. Other
9. Comments by members
10. 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.
Planning and Development Board Meeting Page 2
Agenda May 28, 2013
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OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
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ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
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NEW BUSINESS
7.A.1
Boynton Old School
Commercial Center
(LUAR 13-002)
Land Use and Rezoning
Page 2
The Boynton Old School Commerical Center
LUAR 13-002
Complex, classified Public and Private Governmental/Institutional
(PPGI)and zonedPublic Usage (PU);
South: The Boynton Beach City Library and Civic Center, classified
Public and Private Governmental/Institutional (PPGI)and zoned
Recreation (REC);
East: Schoolhouse Children’s Museum and Learning Center, and Kids
Kingdom park, classified Public and Private Governmental/
Institutional (PPGI)and zonedPublic Usage (PU);
West: Right-of-way for Seacrest Boulevard; and farther west First United
Methodist Church, classified Low Density Residential (LDR) and
High Density Residential (HDR) and zoned R-3 (Multi-Family
Residential) and R-1A (Single-Family Residential).
BACKGROUND
The subject property contains atwo-story school building built in 1927 during the Florida
Boom Period (1919 – 1929). The school was designed in a predominantly
Mediterranean Revival style by William Manley King, the architect of many Palm Beach
County schools and other notable buildings,but also includes elements of Art Deco,
which flourished in the early 1930s. In1986, the site was added to the Florida Master
Site File, the State of Florida’s official inventory of historical cultural resources.
For about the last 15years,the building has been mostly vacant. During this time, itwas
a subject of several unsuccessfulattemptstoidentify funding sources to rehabilitate and
reuse the structure. A number of options, which included demolishing the building and
redeveloping the parcel, had been considered.
In 2012, the City Commission selected a proposal, now led by The Boynton Old School
Partnerhip, for the renovation and adaptive reuse ofthe building, turning it into a mixed-
use venue with retail, restaurants, event and exhibit space. Subsequently, in February
2013, the City Commission approved the historic designation application for the site,
which will help to fund the project by allowing the developer to apply for financial
incentives available for historically designated sites.
If the conditions specified in the Development Agreement between the City and The
Boynton Old School Partnership regarding the project timeline are met, the City will
proceed with the transfer of the property ownership tothe developer.The subject land
use amendment and rezoning requests have been submitted by the City to meet these
conditions; concurrently, the developerhas appliedfor the Major Site Plan Modification
and also for a Certificate of Appropriateness, as required to process improvements to a
historically designated site.
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The Boynton Old School Commerical Center
LUAR 13-002
The current land use and zoning of the property do not allowforany commercialactivity
as a principaluse.The intendeduses, with the exception of “performing arts”,would be
allowed in the proposed MU-L1 zoning district. A code amendment to make theater a
permitted use in the MU-L1 districtis beingprocessed concurrently with the subject
request.
REVIEW BASED ON CRITERIA
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2,Article II, Section 2.Band Section 2.D.3.These
criteria are required to be part of a staff analysis when the proposed change includes an
amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning.
a.Demonstration of Need. A demonstration of need may be based upon changing conditions
that represent a demand for the proposed land use classification and zoning district.
Appropriate data and analysis that adequately substantiates the need for the proposed land
use amendment and rezoning must be provided within the application.
The siteis located on Ocean Avenue and is a key element in the city’s downtown
redevelopment efforts.Further underscoring the site’s importance is its location within the
Transit Core, the one-quarter mile radius around the proposed future station for the commuter
service on the FEC tracksalong North East 4thAvenue, between Boynton Beach Boulevard
and Ocean Avenue.The City’s land development regulations already contain several mixed-use
zoning districts that will provide the base for establishing Transit Oriented Development (TOD)
regulations, and such regulations are being phased in starting with the addition of minimum
density and intensity standards consistent with the State’s recommended framework for TOD.
Amixed use land use and zoning designation wasnot initially envisionedfor properties that are
part of the City Hall campus. However, the proposed land use amendment and rezoning would
allow for uses which can potentially generate a number of jobs, helping the City to reach the
minimum target gross employment intensity of 45 jobs per acre within a ½ mile radius of the
proposed station as recommmended by the Florida TOD Guidebook(published by FDOT in
December of 2012) for a community center-type TOD.The current employment intensity in this
area is estimated to be only 16 jobs per acre.
Moreover, the approval of the subject request would be the next step in the public-private
partnership effort, and potentially the last chance to preserve a property with a significant role in
the history of the Boynton Beach community by allowing a financially and economically feasible
adaptive reuse of the building.
Finally, the intended exhibit and performing arts uses would complement uses described for the
Cultural Corridor on Ocean Avenue by the City of Boynton BeachDowntown Vision and Master
Plan.
b.Consistency. Whether the proposedFuture Land Use Map amendment (FLUM) and
rezoning would be consistent with the purpose and intent of, and promote, the applicable
Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations.
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The Boynton Old School Commerical Center
LUAR 13-002
TOD District
.As noted in the previous section, the subject siteis located within the Transit
Core around theproposed future commuter station. The City is in the process ofadoptingTOD-
regulations into the LDR’s mixed-use urban districts’ provisions and standards. Thelocation
standards for the subject area specify that the MU-L1district shall apply to lands onOcean
thst
Avenue between South East 4Street and South East 1Street. However, extending this
district to the west to apply it tothe old high school property is consistent with the need to
generate jobsto support commuter ridership as well as with the City’s intent to preserve the
old high school building as a valuable historic resource.
With respect tothe Comprehensive Plan,staff is working with the Treasure Cost Regional
Planning Councilon drafting the TOD-related Comprehensive Plan text amendments and plans
to present them to the Board and Commission within the next sixmonths.
Historic Preservation
.Therequest, if approved, would facilitatepreservation of a significant
downtown historic property. Historic preservation is embraced bythe Comprehensive Plan
through Objective 1.14 and its policies:
Objective 1.14The City shall continue to protect native habitat, and preserve wetlands,
archaeological sites and historic resources.
Historic preservation is also supported by the City’s Land Development Regulations and
redevelopment plans. In 2010, the LDRs were amended to include the Historic Preservation
Ordinance, designed to promote protection, restoration and reuse of historic resources. Finally,
the 2008 “Downtown Vision and Master Plan” of the Boynton Beach CRA, which consolidates
earlier redevelopment plans for the area, recommends readaptation of the high school building
to new uses to preserve the core structure.
c.Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and
rezoning would be contrary to the established land use pattern, or would create an isolated
zoning district or an isolated land use classification unrelated to adjacent and nearby
classifications, or would constitute a grant of special privilege to an individual property owner
as contrasted with the protection of the public welfare. This factor is not intended to exclude
FLUM reclassifications and rezonings that would result in more desirable and sustainable
growth for the community.
Although there are no properties zoned MU-L1 in the vicinity of the subject property, two main
factors support the request and offset the evidence of a “spot zoning,“ which is typically avoided
according to sound zoning practice.The area surrounding the propertyhas an eclectic land use
and zoning pattern, including public usage, recreational, commercial and residential uses of
varying type and density, and also, within 1,300 feet, properties zoned Central Business District
and MU-H Districtof considerable potential intensity. Most importantly, the proposed future land
use reclassification and rezoning would support restoration and reuse of a historic building,
resulting in a desirable and sustainable outcome for the benefit of the community, and one
supported by the Comprehensive Plan.
d.Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and
rezoning would support the integration of a mix of land uses consistent with the Smart
Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2)
access to alternative modes of transportation; and 3) interconnectivity within the project and
between adjacent properties.
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The Boynton Old School Commerical Center
LUAR 13-002
The proposed amendment and rezoning meets all three criteria of sustainability. The adaptive
reuse of this property for a mixof commercial, retail, exhibit and performing arts spacewould
successfully complement existing civic and cultural uses and future uses along the envisioned
Cultural Corridor on Ocean Avenue. The project, located within short distance of the proposed
commuter station, would also maintain high connectivity to surrounding properites.
e.Availability of Public Services / Infrastructure. All requests for Future Land Use Map
amendments shall be reviewed for long-term capacity availability at the maximum intensity
permitted under the requested land use classification.
The proposed land use amendment and rezoning arecompatible with the existing and
planned capacity of utility systems, roadways, and other public facilities. Specifically:
Potable Water and Sewer
The City’s water, sewer and wastewater treatment capacity is available to serve the
project.
Traffic
A traffic impact statement for the project was sent to the Palm Beach County Traffic
Division for concurrency review in order to ensure an adequate level of service. No
permits shall be issued for the project until the County determines the project complies
with concurrency requirements.
Solid waste
On January, 2013, the Palm Beach County Solid Waste Authority notified the City that
the sufficient disposal capacity will be available at the existing landfill through
approximately the year 2026.
Drainage
Drainage will be reviewed in detail as part of the site plan, land development, and
building permit review processes. All drainage plans shall satisfy all requirements of the
city and local drainage permitting authorities.
f.Compatibility. The application shall consider the following factors to determine
compatibility:
(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would
be compatible with the current and future use of adjacent and nearby properties, or would
negatively affect the property values ofadjacent and nearby properties; and
See responses to criteria “a” and “c.” The proposed rezoning and the ensuing restoration of
the property couldhave a positiveeffecton property values.
(2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a
scale which is reasonably related to the needs of the neighborhood and the City as a whole.
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The Boynton Old School Commerical Center
LUAR 13-002
See the response to the criterion “a.” The restoration of the old high school building and the
uses that the proposed amendment and rezoning would allow could significantly contribute
to the heightened pedestrian activity in the downtown area.
g.Direct Economic Development Benefits.For rezoning/FLUM amendments involving
rezoning to a planned zoning district, the review shall consider the economic benefits of the
proposed amendment, specifically, whether the proposal would:
(1)Further implementation of the Economic Development (ED) Program;
The proposal would contribute to several target goals of the ED Program. It would:
Enhance destination tourism opportunities – byadding another point of interest to
o
the City’s downtown area;
Contribute to a betterjobs/housing mix – by adding jobs to improve the TOD
o
jobs/residential unit balance, currently below the desired target; and
Develop and promote a strong brand identity and image for Boynton Beach – by
o
preserving and reusing a significant historic property;
(2)Contribute to the enhancement and diversification of the City’s tax base;
Theproposalwould enhance the City tax base, though it is difficult to project the annual tax
revenue. In 2012, the property, which will require extensive rehabilitation, was assessed at
$836,334. (Note that the current boundaries of the high school parcel do not correspond to
the boundaries of the property to be transferred.) The qualifying exterior improvements will
be tax exempt for up to 10 years.
(3)Respond to the current market demand or community needs or provide services or retail
choices not locally available;
Although the current market demand for uses proposed for the site is uncertain, it should
increase as stalled development and redevelopment activities in the area restart, and
especially after the commuter service is launched. The amendment and rezoning request
does respond to the community needs, since it will allow for preservation of the important
historic resource.
(4)Create new employment opportunities for the residents, with pay at or above the county
average hourly wage;
The project will generate a number of jobs, some of them temporary construction and trade
jobs during the restoration and building process, and some by uses to be housed in the
building. The majorityof the jobs are likely to be at or below the county average hourly
wage.
(5) Represent innovative methods/technologies, especially those promoting sustainability;
N/A
(6)Be complementary to existing uses, thus fostering synergy effects; and
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The Boynton Old School Commerical Center
LUAR 13-002
See response to criterion “d.”
(7)Alleviate blight/economic obsolescence of the subjectarea.
The proposed land use amendment and rezoning would facilitate the rehabilitation of the
historicbuilding,which, although currently in fair structural condition, has suffered
deterioration requiring major repairs.
h.Economic Development Impact Determination for Conventional Zoning Districts.
N/A
i.Commercial and Industrial Land Supply.The review shall consider whether the
proposed rezoning/FLUM amendment would reduce the amount of land available for
commercial/industrial development.
The proposed rezoning and FLUM amendment would remove the property from the public
usage and make it available for commercial development.
j.Alternative Sites.Whether there are adequate sites elsewhere in the City for the proposed
use in zoning districts where suchuse is already allowed.
N/A. The request is driven by the need to preserve and reuse the historic property.
MAJOR SITE PLANMODIFICATION
The request for a Major Site Plan Modification is being processed concurrently with the subject
request. The applicant is seeking approval to rehabilitate the 31,234 square foot building for use
as a commercial center comprised of restaurant, retail, and meeting space. The proposed
rehabilitation work includes repairs to the building, replacement and repair of missing
architectural details, minor demolition, site work, and landscaping. The applicant also proposes
to add two (2), two-story additions to the east and west elevations to provide additional floor
space of 6,300 square feet.
RECOMMENDATION
As indicated herein, staff has reviewed the proposed land use amendment and rezoning and
found it: (1)consistent with the Comprehensive Plan objectives and the CRA’s “Downtown
Vision and Master Plan”, promoting historic preservation and the adaptive reuse of the old high
school building; and (2)supportingthe TOD’s targetsof higher employment intensity in the
immediate area of the proposed future commuter station.Therefore, staff recommends that the
subject request be approved.
S:\Planning\SHARED\WP\PROJECTS\Boynton Old School Commercial Center\LUAR 13-002\Staff Report Copy.doc
7
EXHIBIT "A" - SITE LOCATION MAP (LUAR 13-002)
BOYNTON OLD SCHOOL COMMERCIAL CENTER
R-1A
NE 3RD AVE
R-2
R-2
C-2
C-3
E BOYNTON BEACH BLVD
C-2C-3
CITY HALL
PU
NE 1ST AVE
R-1A
SITE
R-3
PU
W OCEAN AVEE OCEAN AVE
REC
R-3
R-2
SE 1ST AVE
PU
R-1A
7507515022530037.5
Feet
NEW BUSINESS
7.A.2
Boynton Old School
Commercial Center
(MSPM 13-001)
Major Site Plan Modification
Memorandum No. PZ 13-011
Boynton Old School Commercial Center / MSPM 13-001
Page 2
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its
respective hearing dates. The applicant has certified that signage is posted and notices mailed in
accordance with Ordinance No. 04-007.
BACKGROUND
Site Features:
Located within the Community Redevelopment Agency (CRA) area, the subject
property is 1.95acreswith286feet of frontageon East Ocean Avenue, 229 feet
st
onNorth Seacrest Boulevard,and290 feet on Northeast 1Avenue.The subject
site contains the Boynton High School,a two-story structure of approximately
31,234square feet built in 1927. Designed by William Manly Kingin the
Mediterranean Revival style, the building was the city’s first high school.
The last high school graduationoccurred in 1949 after whichthe school was used
asan elementary school which closed in 1990.In 1993the City of Boynton Beach
acquired the building from the Palm Beach County School Board. In 2007,
ownership was transferred to the BoyntonBeach Community Redevelopment
Agency and in 2009 ownership was transferred back to the City.The building has
beenvacant for a number of years and severalstudies have been undertaken to
examine its potential for re-use.In 2012, two development proposals were
submitted to the City and the current proposal was selectedto move forward.
The school, which retains many of its original exterior and interior features, was
added to the Florida Trust Eleven Most Endangered List in 2010and to the
Boynton Beach Register of Historic Places in February, 2013.
Proposal:
Mr. Contin, architect and principal of Boynton Old School Partnership LLC, has
submitted the subject application for Major Site Plan Modification in connection with a
Purchase and Sale Agreement andDevelopment Agreement between the City and
Boynton Old School Partnership, LLC. The subject application proposes the alteration and
rehabilitation of thehistoric building on 1.95 acres located at the northeast corner of East
Ocean Avenue and North Seacrest Boulevard. Lots 4, 5, and 6 are proposed to be rezoned
to Mixed Use–Low 1 (MU-L1)in conjunction with this request,which would allow for the
development of a mixed use facility.The proposeduse would bea commercial center
comprised ofindoor and outdoor event space, retail space, and restaurants.The
rehabilitation work includes repairs to the building, replacementof missing
architectural details, minor demolition, site work, and landscaping. The applicant
also proposes to add two (2), two-story, additions to the east and west elevations
to provide additional floor space of 6,300 square feet. The floor plan, as shown on
Sheet A-01,illustrates the proposed layout(see Exhibit “B”).
The proposed rehabilitation was approved with conditions by the Historic
Resources Preservation Board at its meeting of April 8, 2013.
ANALYSIS
Concurrency:
Traffic:
A traffic impact statement for the project was sent to the Palm Beach County
Traffic Division for concurrency review in order to ensure an adequate level of
Memorandum No. PZ 13-011
Boynton Old School Commercial Center / MSPM 13-001
Page 3
service. The Palm Beach County Traffic Division approved the traffic analysis on
May 2, 2013 and has determined that the proposed project meets the Traffic
Performance Standards of Palm Beach County. The County determined the
project would generate a total of 1,136new trips per day. No building permits are
to be issued by the City after the build-out date ofend of year 2017(see Exhibit
“C”– Conditions of Approval).
School:
School concurrency is not required for this type of project.
Utilities:
The City’s water capacity, as increased through the purchase of up to five (5)
million gallons of potable water per day from Palm Beach County Utilities, would
meet the projected potable water for this project. Sufficient sanitary sewer and
wastewater treatment capacity is also currently available to serve the project. The
existing water and sewer connections currently serving the existing building would
be used by the new building additions. The existing water services arelocated to
the north and the southof thebuilding.
Police/Fire:
Staff has reviewed the site plan and all comments have been addressed. Staff
expects to provide an adequate level of service for this project with current or
expected infrastructure and/or staffing levels.
Drainage:
Conceptual drainage information was provided for the City’s review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review(see Exhibit “C”– Conditions of Approval).
Access:
The site has two parking lots, one to the north of the existing building and one to
the west. The parking lots are not connected. The north parking lot has two
st
driveway openings on Northeast 1Avenue. The west parking lot has a driveway
opening for ingress on East Ocean Avenue and an opening for egress on North
Seacrest Boulevard. No major changes are proposed to the driveways; however
staff recommends that the developerangle the egress drivewayto Seacrest
Boulevard to prevent inbound turns(see Exhibit “C” –Conditions of Approval).
Additionally, staff looked at the potential of connecting the two(2)parking lots;
however, concerns over safe turning movements and the loss of valuable parking
spaces outweighed the advantages of connecting the two.Safe public access to
the site is criticaland therefore, staff is recommending at the time of construction
permitting, the developer’s engineer of record provide a detailed design analysis of
traffic access to the public rights-of-way based upon the developer’s traffic
engineer’s allocation of generated traffic to the access driveways. All access
driveways, and any required off site improvements, shall be designed in
conformance with standards promulgated by the relevant permitting agency, either
the City of Boynton Beach or Palm Beach County(see Exhibit “C” – Conditions of
Approval).
Parking:
According to Part III (LDR), Chapter 4, Article V,Section 4. “Exceptions to
Providing Required Off-Street Parking”, A. “Adaptive Re-Use”, existing structures
located on parcels that front on Ocean Avenue between the FEC RR and Seacrest
Boulevarddo not require additionaloff-street parkingwhen a structure is enlarged
by up to 100% of gross floor area; the capacity of the structure is increased by
adding dwelling units, floor area or seats; or the use of the structure is changed.
Memorandum No. PZ 13-011
Boynton Old School Commercial Center / MSPM 13-001
Page 4
Therefore, no additional parking is required for this project. However, the applicant
has provided a parkingcalculation based upon the different uses within the
building based on the following ratios: One (1) parking space per100 square feet
for restaurant space, one (1) parking space per 200 square feet for retailspace,
one (1) parking space per 800 square feet for storage space, and one (1) parking
space per 100 square feet for meeting space. Based on these figures, the project
would require 212off-street parking spaces, andthe proposed planwould provide
68spaces.It is anticipated that further parking during peak periods of operation
will be available in the City Hall parking lot and the proposed new parking lot at the
stst
northeast corner of Northeast 1Avenue and Northeast 1Street.Note, the
number of on-site parking spaces will be reduced by 31 spaces whenever the
green market is in operation on the parking lot to the west of the building, which
again would occur during off-peak demand for parking at City Hall.
The request includes minor changesto the parking lots,including the creation of
handicap spaces, brick paver walkways, landscape islandsand perimeter
landscape buffers.The90-degree parking stalls, excluding the handicap spaces,
would be dimensioned nine (9) feet in width and 18 feet in length and include
continuous curbing. All proposedparking stalls, including the size and location of
the handicap spaces, were reviewed and approved by both the Engineering
Division and Building Division. In addition, all necessary traffic control signage and
permanent markings would be provided, in order to clearly delineate areas on site
and direction of circulation.
Landscaping:
The site plan tabular data indicates that 30,291square feet or35.61% of the
subject property would be pervious, consisting of landscaped and open space
areas. The proposed planting schemewill consist mostlyof native species, with
the applicant’s desire to portray an old Florida landscape theme.The landscaped
areas willcontain a variety of trees and shrubs, including Royal palm, Cabbage
palm, and Gumbo Limbo trees.With respect tothe western portion of the
property, the site currently contains five (5) Florida Mahogany trees, two (2)
Sapodillatrees, two (2) Cabbage palms, three (3) Foxtail palms, and one (1)
Kapok tree. Of these trees, three (3) ofthe Florida Mahogany trees adjacent to
North Seacrest Boulevard, the two (2) Sapodilla trees, one (1) Foxtail palm, and
the Kapok tree would remain in their current locations. Two (2) Cabbage palms
will be relocated to the northeast corner of North Seacrest Boulevard and
st
Northeast 1Avenue, and two (2) of the Foxtail palms will be removed.As a
condition of approval, two (2) of the existing Florida Mahogany trees will need to
be relocated on siteor mitigatedto make way for the proposed new footpath
running east/west on the south side of the north parking lot.
The irrigation plan has not yet been submitted; however, there is a note on the
Planting Specifications drawing stating it will follow the Florida Friendly-Waterwise
principles.
Site and Building:
According tothe survey, the lowest ground elevation is 16.67feet. The existing
building has a finished floor elevation of 18.90 feet. The Site Plan drawing
indicates the first floor elevation of the additions will be 18.90 feet.
The project is designed as anirregularlyshaped, two(2)-story structure.In the
proposed Mixed Use Low 1 (MU-L1) zoning district, the required building setbacks
for this project are as follows: Front – zero (0) feet; Side – zero (0) feet; and Rear
Memorandum No. PZ 13-011
Boynton Old School Commercial Center / MSPM 13-001
Page 5
– zero (0) feet.However, as indicated in Note 11 of “Building and Site Regulation
Table” for Mixed UseDistricts (Table 3-21) in Chapter 3, Article III, Section 5 of the
Land Development Regulations,“Listed eligible historic structures are not required
to meet these standards”.
The frontsetback (abutting Ocean Avenue)forthenewadditions is proposed to be
approximately 17 feet. In the Mixed Use Low 1 (MU-L1) zoning district, a build-to
line has been established for new construction, which is designed to place
buildings at the front property line with a zero (0) foot setback, however allowing
for a setback of up to 15 feet when optimizing landscaping or the width of the
sidewalk. The Historic Preservation Ordinance was adopted with the
understanding that there would be instances when relief from certain zoning
regulations would be necessary to allow improvements and additions to historic
structures. Chapter 4, Article IX, Section 6. H. 4 of the Land Development
Regulations, entitled “Waiver of Technical Requirements”, is designed to provide
relief to certain regulations in association with the approval of a Certificate of
Appropriateness (COA). The relief may be granted by staff, except in instances
when the COA requires Historic Resources Preservation Board (HRPB) review, in
which case the Board shall be vested with the power to grant such relief. Staff
recommendation to the Board, as part of the action on the COA, was that relief be
granted to the build-to line, as the greater setback of the glass box structures
(approximately 17 feet), furthers the goals and objectives of the Standards and
Guidelines adopted by the City, to minimize the impact of building additions and
make such additions subordinate to the historic structure. The closer the building
additions are to the street, the less of a subordinate rolethey become on this
historic property. As such staff believed relief from the build-to line was warranted.
The HRPBapprovedStaff’s recommendation at themeeting onApril 8, 2013.
The 2010 Florida Building Code(FBC)relative toexterior wall openings, exterior
wall construction, and required fire separation between structures, requires a two
(2) hour firewallbeprovided between structures that are separated by a distance
of twenty (20) feet or less. Although no structure currentlyexists to the east of the
subject on the adjoining Schoolhouse Children’s Museum site, it is possible one
could be built in the future. As acondition of approval,staff notesthat the applicant
will have to comply with this requirement of the 2010 FBC orobtain a fully
executed and recorded “No Build Easement” adjacent to the proposed eastern
addition(see Exhibit “C” – Conditions of Approval).
An earlier version of the site plan indicatedthe location ofthree (3) proposed
bicycle racks, three (3) proposedtrash receptacles, and three (3) proposed
benches.Two of eachwould be located to the front of the building adjacent to
east Ocean Avenue. The third bicycle rack and trash receptacle wouldbe located
at the northeast corner of the structure and the third bench wouldbe located to the
west of the structure.However, the most recently submitted site plan does not
show these items. As a condition of approval, the proposed bicycle racks, trash
receptacles, and benches will need to beshown on the plans in their previously
proposed locations (see Exhibit “C” – Conditions of Approval).
The survey shows the location ofone (1) catch basin located on North Seacrest
Boulevard. The Conceptual Civil Design drawing shows five (5) proposed inlets
and one (1) proposed control structure would be added tothe existing parking lots
from which allstormwaterwould drain into the catch basin.
Memorandum No. PZ 13-011
Boynton Old School Commercial Center / MSPM 13-001
Page 6
The Conceptual Civil Design drawing shows the location of one (1) proposed
1,500 gallon grease trap located at the southwest corner of the building.
Building Height:
The maximum allowable building height in the MU-L1is 45 feet. The elevation
drawingindicates that the highest point of the existing barrel roof over the
gymnasium is 46 feet 6 inchesin height. However, sloped roof height is measured
at the midpoint, and for this arched roof the midpoint would be below the 45 foot
maximum allowed. The heightof the proposed additions is not shown on the
elevations; however, from the information available, it appears they will be less
than28 feet6 inchesin height and in compliance with the maximum height
requirements.
Building Design:
The exterior walls of the additions would be constructed of low “E” structural glass
with a light gray tint.The Historic Resources Preservation Board(HRPB)has
requested a sample of the glass to determine if the light gray tint is appropriate for
the historic structure. Each addition would alsocontain a roof-level deck. The
Historic Resources Preservation Board raised questions as to how the additions
will be kept cool and shaded from the sun, and how any building services will be
screened from view. The applicant stated a thermal air break between the sheets
of glass will help to keep the building cool and conserve energy. No details have
been provided regarding any proposed methods of shading the additions from the
sun. The applicant has stated that, if shading is required, it would be the
responsibility of the tenants to apply for and install these items at a later date, after
approval of a revised Certificate of Appropriateness(COA)by the Historic
Resources Preservation Board.The applicant has submitted details of the
proposed A/C system which utilizes small “2 inch mini ducting” that keeps the air
moving consistently. The ducting is seamless and flexible, and its narrow diameter
allows it to be placed in small spaces. The HRPB has requestedthe applicant
submitdrawings showing the proposed A/C systemas part oftheconditions of
approval of the COA.
The majority of the existing rear (north) façade will be replacedwith a glazed
curtain wallmeasuring approximately 30 feet by 30 feet. The curtain wallwill be
constructed ofimpact glass panels made from clear, low “E” glass.A canopy will
be installed above the entrance doors.
All of the existing windows will be replaced with aluminum frame impact windows
containing low “E” clear glass. The lighting configuration of the new windows will
match thatof the original wood frame windows. The existing front doors will be
replaced with aluminum frame impact resistant doors withlow “E” clear glass. No
details have been submitted of proposed changes to the other existing doors.
Site Lighting:
The project proposes thirty six (36)freestandingoutdoor lighting structures, which
will be fifteen (15) feet in height, and match the existing lamps on Ocean Avenue.
All light fixtures would be located in or around the building and the off-street
parking area and none would spilllightonto adjacent properties orabutting rights-
of-way. All foot-candle levels would comply withthe minimum and maximum
thresholds as regulated in Part III (LDR), Chapter 4, Article VII.
Site Signage:
No details of proposed site signage have been submitted.It is anticipated that
tenants will submit details of proposedsignage when they occupy the building.
Memorandum No. PZ 13-011
Boynton Old School Commercial Center / MSPM 13-001
Page 7
Public Art:
Because the applicant indicates the proposed improvements would be valued at
more than$250,000, the project is subject tothe Art in Public Places requirements
(Ordinance 05-060).The applicant indicates that the proposed art amenity is
undecided at this point in timeandthat the requirements have been discussed with
the Public Arts Administratorand the details of the art component will be
addressed prior to permitting. The drawings indicate threeart pads will be provided
by the applicant, two on East Ocean Avenue and one at the southeast corner of
st
North Seacrest Boulevard and Northeast 1Avenue. The Site Plan indicates the
existing art pad located to the southwest of the building will be removed. The
Public Arts Administratorhas providedacondition of approval amending the
proposed placement of the art pads(see Exhibit “C” –Conditions of Approval).
RECOMMENDATION
Staff has reviewed this request for Major Site Plan Modification and recommends approval of the plans
presented, subject to satisfying all comments indicated in Exhibit“C”– Conditions of Approval.Any
additional conditions recommended by the Board or required by the City Commission shall be
documented accordingly in the Conditions ofApproval.
S:\Planning\SHARED\WP\PROJECTS\Boynton Old School Commercial Center\Staff Report.doc
EXHIBIT "A" - SITE LOCATION MAP (MSPM 13-001)
BOYNTON OLD SCHOOL COMMERCIAL CENTER
R-1A
NE 3RD AVE
R-2
R-2
C-2
C-3
E BOYNTON BEACH BLVD
C-2C-3
CITY HALL
PU
NE 1ST AVE
R-1A
SITE
R-3
PU
W OCEAN AVEE OCEAN AVE
REC
R-3
R-2
SE 1ST AVE
PU
R-1A
8008016024032040
Feet
EXHIBIT “C”
Conditions of Approval
Project Name:Boynton Old School Commercial Center
File number:MSPM 13-001
rd
Reference: 3review plans identified as a MajorSite PlanModificationwith an April 30,
2013 Planningand Zoning Department date stamp marking.
INCLUDEREJECT
DEPARTMENTS
ENGINEERING/ PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1.Proposedsidewalk on Ocean Avenue shall include curb and
gutter to match existing. Also verify that adequate drainage is
being provided.
2.The Ocean Avenuedriveway shall be narrowed to minimize
the potential for improper movements by vehicles.
3.Accessand utility easement forexisting path and lighting
along the east side of the buildingshall fully include all areas.
4.Place a note onSheet SP-01thattheDevelopershall salvage
all paver bricks and stones not restored to their original place
or reused on site,and deliver them to the City.
5.On Sheet SP-01(Colored Sheet),please revise drawing title
name to LA-01, show the proposed and existing utilities lines,
andnote that canopy trees are not allowed within any utilities
easement,onlypalm trees.
6.Please provide easementsfor proposed/existing art pads.
Easement shall beofsufficient size to provide access from
ROW and allow for the installation of art.
7.Please angle egress access to Seacrest Boulevard to prevent
inbound turns.
8.Add a note to the plans that existing infrastructure, fiber
optics, existing power source for the electrical service to the
Children’s museum,and/or existing electrical lines will require
access easementsmeeting the City’s requirementsor shall
be relocatedat Developer’s expense.
9.Extend water main to make connection of missing segment
along Ocean Avenuein front ofthe site.
10.Safe public access to the site is critical.Therefore, at the
time of construction permitting, the developer’s engineer of
record shall provide a detailed design analysis of traffic
access to the public rights-of-way based upon the developer’s
traffic engineer’s allocation of generated traffic to the access
driveways. All access driveways, and any required off site
improvements, shall be designed in conformance with
standards promulgated by the relevant permitting agency,
either the City of Boynton Beach or Palm Beach County.
11.Theonly areaon the site allowed to utilizeFloritam (sod)
Boynton Old School Commercial Center MSPM 13-001
Conditions of Approval
Page 2 of 5
INCLUDEREJECT
DEPARTMENTS
would be theactive / passive area immediately west of the
building. All other areasshown on the drawings not designed
as plaza spaceshall be planted with approved ground cover
materials.
12.The landscape sheet shade tree planting detail should
include a line indicating where the diameter and height of all
trees will be measured at time of planting and inspection.The
landscape sheet shrub and groundcover planting detail
should include a line indicating where the height and spread
of the shrubs and groundcover plants will be measured at
time of planting and inspection.All shrubs and groundcover
plants should have a height and spread dimension.
13.The area under the large Kapok tree needs to be clearto the
drip edge, with no improvements, to ensure no adverse
impact to the roots or health of the tree.
14.Place a note on the Landscape Plan indicating that existing
irrigation around the Children’s Schoolhouse Museum has
zones which are on the east side of this Old High school
property and would need to be separated outat the
developer’s expense.
15.Eliminate hedge landscaping on the eastern side so as to not
separate the Children’s Schoolhouse Museum so muchfrom
the Old high school so that the areas flow /interact between
the two sites. Use of meandering planting beds of a wide
variety of plants would add more interest.
16.On Sheet LA-3-change Island ficus (ficus microcarpa)to
native Indian Hawthorne (Rhaphiolepis indica).
17.Hedge lines are to have more variety either by curving and or
more species of plant material for added interest.
FIRE
Comments:
18.All items resolved.
POLICE
Comments:
19.All items resolved.
BUILDING DIVISION
Comments:
20.The developer shall comply with 2010 FBC for exterior wall
openings,exterior wall construction, andrequired fire
Boynton Old School Commercial Center MSPM 13-001
Conditions of Approval
Page 3 of 5
INCLUDEREJECT
DEPARTMENTS
separation distance between structuresor obtainafully
executed and recorded “No Build Easement” adjacent to the
proposed eastern building addition prior to the issuance of
any permits.
21.The property line shall be clearly identified on the survey
sheets numbered L-1846-A, L-1846-B, and also on Sheet SP-
01.
22.The proposed no-build easement is not clearly identified on
site plan SP-01. Clearly identify the location of the no-build
easement and show all the associated dimensions of all
sections of the easement and the distance from adjacent
property lines.
23.This building is considered a mixed occupancy per Chapter
508 of the 2010 Florida Building Code. Indicate all
occupancies on Sheet SP-01. Indicate the different classes
of assembly (A-1, A-2, A-3, etc.) that are applicable to this
design per Chapter 3 of the 2010 Florida Building Code.
24.Please amend the note on the plans indicating that the light
poles shown on Sheet E-02 shall be designed to comply with
2010 FBC for 150 mph wind load, not 140 mph.
PARKS ANDRECREATION
Comments:
25.None.
PLANNING AND ZONING
Comments:
26.It is the applicant’s responsibility to ensure that the application
requests are publicly advertised in accordance with
Ordinance 04-007 and Ordinance 05-004 and an affidavit
provided to the City Clerk.Please provide same to the P&Z
Department.
27.For projects with a valuation of $250,000 or more, the
applicant is responsible for compliance with Ordinance 05-
060, the “Art in Public Places” program, and should indicate
the proposed locationand the typeof the art work proposed
on the site plan.Additionally, per discussion at the DART
meeting, please relocate the art pad currently sited in NW
corner of parking lot to the landscape area near parking
spaces #12 & #13, relocatethe art pad depictednear the
parking lot entranceon Ocean Avenueanother 15 feet east of
where shown, and lastly, retain the art pad depicted on the
Boynton Old School Commercial Center MSPM 13-001
Conditions of Approval
Page 4 of 5
INCLUDEREJECT
DEPARTMENTS
plansimmediately south of the easternmost building addition,
as shown. Thesiting of theart pads are volunteer
contributions by the developer to the Boynton Old School
Center project that will offer inclusion to the yearly Avenue of
the Arts program but are not to be considered asmeeting the
requirementsof the Public Art Ordinance.
28.At time of permit application, correctthe existing and
proposed Future Land Use (FLU) mapdesignationsand
zoningon the Site Data Table.
29.The Site Data Table lists the total building area as 37,534
square feet. The total floor area calculated when adding the
figures provided in the floor plans totals 28,654 square feet.
Please provide the calculation used for the floor area as
shown in the Site Data Table and ensure the floor areas on
all plans are consistent.
30.Theproposed construction of the sidewalk running east/west
on the south side of the north parking lot is depicted to be
placed where two (2) trees are noted to remain in place.
Please remove the trees and mitigate them on site.
31.Please reducethe length of the landscape buffer strips along
Ocean Avenue to provide a less obstructed pedestrian flow
onto the site.
32.Please indicatethe provision of a widened paversidewalk
(eight (8) feet in width and drawn to scale)on Ocean Avenue,
along the length of the site, in conformance with the vision for
the redevelopment ofOcean Avenue.
33.The landscape code requires screeningofthe parking lot
along Seacrest Boulevard in the north parking area. Please
revise the landscape plans accordingly.
nd
34.The previous plan submittal (2Review Plans date-stamped
April 16, 2013) indicated the location of three bicycle racks,
three trash receptacles, and three benches, in compliance
with code requirements; however, the most recently
rd
submitted plans(3Review Plans date-stamped April 30,
2013) do not show these items. At time of permit submittal,
revise the drawings to depict the proposed bicycle racks,
trash receptacles, and benches in their previously proposed
locations.
35.The steps depicted leading into the first floor restaurants from
the plaza area should be elongated to extend immediately
adjacent to the rampleading into the main structure and
made more prominent with larger landings and outdoor
seating added in a terraced effect, with foundation plantings
around the base and planters on the top level.
Boynton Old School Commercial Center MSPM 13-001
Conditions of Approval
Page 5 of 5
INCLUDEREJECT
DEPARTMENTS
36.Please understand that changes to the drawings resulting
from conditions of approval may require applicant submittal of
a new Certificate of Appropriateness and subsequent
approval by the Historic Resources Preservation Boardprior
to issuance of any permits.
COMMUNITY REDEVELOPMENT AGENCY
Comments:
37. All items resolved.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Boynton Old School Commercial Center\ MSPM 13-001\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Old School Commercial Center
(MSPM 13-001)
APPLICANT’S AGENT: Juan Contin, The Boynton Old School Partnership
AGENT’S ADDRESS: 826 S. Federal Highway, Lake Worth, FL 33460
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June18, 2013
TYPE OF APPROVALSOUGHT: Major Site Plan Modification for building renovations, site
improvements andconstruction oftwo (2) 3,150 square foot
additions to an existing 31,234 square foot building for a total of
37,534 square feet, on a 1.95 acre parcel proposed to be
rezoned MU-L1 (Mixed Use Low 1).
LOCATION OF PROPERTY: 125 East Ocean Avenue
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1.Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City’s Land Development Regulations.
2.The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit “C” with notation “Included”.
4.The Applicant’s application for relief is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 hereof.
___ DENIED
5.This Order shall take effect immediately upon issuance by the City Clerk.
6.All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.Other ____________________________________________________________
DATED:____________________________________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Boynton Old School Commercial Center\MSPM 13-001\DO.doc
NEW BUSINESS
7.B.1
Economic Development
Interim Amendments
(CDRV 13-002)
Code Review
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 13-014
TO:
Chair and Members
Planning & Development Board
FROM:
Michael Rumpf
Planning and Zoning Director
DATE:
May 22, 2013
RE:
Approve amendments to the LDR to 1) amend the definitions to
distinguish between governmental uses, and create new
commercial/warehouse uses and parking regulations; 2) amend zoning
matrix regarding theater, day care, manufacturer’s representative and
automotive repair uses; 3) update Ocean Avenue Overlay Zone by
adding uses intended for the corridor consistent with redevelopment
plan; 4) create definitions and regulations for small wind energy
systems; 5) amend regulations for decks, patios, steps, stoops, and
terraces; and 6) amend the flood prevention regulations consistent with
the State of Florida Model Ordinance.
OVERVIEW
The rewrite of the City’s land development regulations (LDR) allowed staff to perform a
complete review and analysis of each standard, regulation, and process. As part of the
post-adoption process, staff anticipates the periodic need for, and is prepared to
expeditiously process, updates and amendments to the LDR for one or more of the
following reasons:
1. Furthering business and economic development initiatives;
2. Advancing sustainability initiatives;
3. Maintaining internal consistency;
4. Achieving regulatory compliance; and
5. Incorporating implementation feedback necessary to meet original or
current objectives and vision.
- 1-
The proposed amendments would further items #1 business and economic development
initiatives; #2 sustainability initiatives; #4 achieving regulatory compliance; and #5 by
adjusting existing regulations to achieve original or current objectives.
ANALYSIS
Changes to the Ocean Avenue Overlay Zone (OAOZ)
The Ocean Avenue Overlay Zone (OAOZ) was established within the City’s Land
Development Regulations in 2010 as part of the comprehensive update and rewrite of the
LDR. The OAOZ was established to implement a recommendation of, and the vision
represented by the City of Boynton Beach Downtown Vision & Master Plan, as approved
in 2009 by the Community Redevelopment Agency Board (CRA).The Plan labels a
segment of Ocean Avenue as the “Ocean Avenue Cultural Corridor,” which is also
described as connecting “the Cultural Campus to the Transit Oriented Development
District”. The Plan calls for mixed-use buildings to line “the Avenue along with historic
structures readapted to galleries and supportive retail”.With the Plan’s emphasis on
historic preservation, human-scale architecture, infill development and a diversity of uses
including galleries, retail and professional offices, the overlay was initially established to
promote adaptive reuse of existing buildings and maintaining new construction that is
consistent in scale with the corridor.
The overlay zone was established due to the existence of varying zoning districts existing
along the corridor, namely a combination of R-3, Multi-family and C-2, Neighborhood
Commercial. The recent efforts by the CRA to partner with a developer as part of the
Magnusson House project (aka 211 E. Ocean Avenue) prompted the close examination of
the use provisions of the OAOZ against current market characteristics and known
opportunities. As a result of this review of the current regulations, and to increase the
marketability of the Magnuson House, the subject changes are proposed to the Zoning
Matrix and corresponding Notes, as adopted within the Land Development Regulations,
Chapter 3, Article IV.
The proposed amendments simply 1) add a few uses not previously included in the
overlay, such as retail stores with cosmetics and beauty items, and pets and pet supplies;
2) amend the matrix for consistent treatment of professional and office uses and limit
such uses to upper floors; 3) allow for gyms and fitness centers within the overlay but
again limited to upper floors; and 4) allow the teaching of culinary and visual arts of
those educational uses that comprise the “School, Professional & Technical” use
category.
Theatres Allowed in MU-L1 and MU-L2 Zoning District
A theater is allowed as a conditional use in the MU-L2 zoning district, and is allowed as a
permitted use in the MU-L3 and MU-H zoning districts. All three districts require
theaters to be integrated into mixed use buildings or developments. This code
amendment is intended to add the use “Theatre” to the MU-L1 zoning district as a
- 2-
permitted use. Also proposed is an amendment to the MU-L2 zoning district to change
the theatre use from “conditional” to a “permitted”. Theaters would be required to locate
on parcels that front on arterial or collector roadways when proposed in the MU-L1, MU-
L2, and MU-L3 zoning districts. This would be consistent with how indoor
entertainment is regulated. Likewise, in all mixed-use urban districts, conditional use
approval would be required if the theatre is designed as an outdoor facility.
Adding a theater as a permitted use in MU-L1, and changing it from a conditional use to
a permitted use in the MU-L2, is consistent with the City’s vision for the downtown and
the surrounding areas and promotes economic development. The mixed-use urban
districts are envisioned for selected geographic areas east of I-95, with a mixture of uses
and increased building intensity intended to further the City's Comprehensive Plan and
redevelopment plans promoting compact design, transit oriented development, and jobs
and housing balance. The mix of uses should work in synergy, heightening pedestrian
activity and creating a sustainable and interesting urban environment.
Even though theater attendance has generally been waning in recent years, theaters are
vital components of such synergistic mix of uses in many successful downtowns,
providing a destination and attracting people to local restaurants and shops. Flexible
venues featuring all types of performing arts may be more viable as contributors to
“culturally-based economic development.”
“Theater” is already a permitted use in the C-3 and C-4 districts and in the C-2-zoned
sections of the Ocean Avenue Overlay. A number of areas zoned C-3 and C-4 are
eligible for MU-L1 and MU-L2 zoning.
Finally, the request to rezone the Old High School property to MU-L1 is being processed
concurrently with the subject request. As one of the uses proposed for this adaptive reuse
project, performing arts would complement uses envisioned along the Cultural Corridor
on Ocean Avenue by the City of Boynton Beach Downtown Vision and Master Plan.
Redefining Governmental Uses
As part of confronting budget issues, the City Commission last year directed staff to
comprehensively examine the zoning map and Land Development Regulations against
the objectives of maximizing land development value, and optimizing locations for non-
profit uses. Over the past several years such tax exempt uses such as churches, schools
and social service agencies have been added to most zoning districts, and acres of
industrial land have been converted for non-industrial uses including residential. Staff
conducted the evaluation and identified necessary changes intended to preserve industrial
lands, and concentrate certain not-for-profit uses within zoning districts that include, or
are in close proximity to their typical customer base. The City Commission approved
staff recommendations.
Not specifically addressed in this prior effort are the group of non-profit businesses
falling under the “governmental” heading. Most (if not all) governmental uses enjoy tax
- 3-
exempt status if they own title to the property. The LDR generally recognizes three (3)
such principal uses - “community facilities,” “essential services,” and “post office.”
Excluding post offices, the code does not differentiate between the varying levels of
governmental entities, such as municipal, county, regional, state, or federal. Likewise,
the code does not differentiate between uses with moderate-to-high volumes of public
interaction/customer-service traffic compared with those which serve principally a utility
function, such as a warehouse, storage yard, or support operation. This ambiguity in the
code can be burdensome to staff to interpret as well as ultimately contrary to the
objective of maximizing development and land values.
The code amendment proposes to define governmental uses in five (5) different
categories with a distinction between City and non-City agencies. The reason for the
distinction is that City uses should be given a higher degree of “home rule” privilege than
the non-City counterparts, because the City’s elected officials can carry out the will of the
people when choosing appropriate locations for City facilities (within the city limits).
Also, the purpose and intent of this amendment is to accommodate more industrial and
commercial businesses in order to diversify the City’s economy, which is consistent with
the economic development goals. This analysis of such uses also allowed consideration
of needs to prevent exclusion of necessary governmental operations that serve the local
residents.
Manufacturer’s Representative and Showroom/Warehouses
Staff has been approached by an entrepreneur desiring to operate a business in a vacant
bay of an existing building located within a redevelopment area of the City. The
entrepreneur wants to serve as a manufacturer’s representative in the clothing industry.
The business would provide customer service in an office-type setting, primarily through
pre-arranged appointments. The inventory is mainly kept off-premises, although a small
showroom could be available. Business offices are allowed in the C-1 zoning district.
Currently, the code does not appropriately define this unique type of business, and staff’s
interpretation of the proposed business activities/operations categorizes it with principal
uses which are more intensive in nature and limited to the C-4 and M-1 zoning districts.
Without amending the code, the types of principal uses with which the subject business
would be categorized are not allowed in the C-1 zoning district, unlike business offices.
Business attraction and retention are important to the health of the City; therefore, staff is
proposing to create a new principal use to address the issue.
Showroom/Warehouses
Staff, in an effort to increase business opportunities for larger scale retailers and assist in
facilitating the leasing of some of the vacant commercial and industrial spaces within the
City, is suggesting amendments to the LDR involving new definitions that separates uses
that were formerly grouped under major headings such as Merchandise, New and
Warehousing. Understanding that Showroom-type establishments have different
operational characteristics than department stores and home improvement big box stores
relative to peak customer traffic and parking needs, the proposed amendment
- 4-
recommends the creation of a new principal use in the Use Matrix to recognize and
regulate the use differently, including provisions within the Planned Indutrial
Development District. Warehouse, Showroom (limited product line) would be defined as
a showroom-type establishment in which the principal use consists of a showroom for
large household items such as furniture, major appliances, flooring, mattresses or the like.
These establishments generally have a single product line, which differentiates them from
department stores, electronics stores, home improvement stores and warehouse clubs in
that they do not sell a wide range and mix of merchandise. Parking for this particular use
would be one (1) parking space per each 500 square feet of gross floor area for the first
10,000 square feet and one (1) parking space for each 1,000 square feet thereafter, rather
than being grouped in with typical retail uses at one (1) parking space for each 200 square
feet, again based upon the lower volume of customer traffic associated with stores that
sell the limited product line.
Similarly, the proposed amendment would create another principal use, Warehouse,
Internet Sales, which is generally a warehouse use with a limited retail component. The
business is typically a warehouse type of operation, selling items over the internet and
would allow limited showroom floor area and weekend auction activities. This use
would be defined as a warehouse-type business for the storing, packing and shipping of
merchandise primarily sold through internet sales. This business has little on-premise
client/customer contact with limited showroom sales and limited on-premise auction
activities (weekends only). Showroom area is not to exceed 20% of total gross floor area.
Parking for this particular use would be one (1) parking space per each 500 square feet of
gross floor area devoted to showroom/auction room and one (1) parking space for each
700 square feet of dedicated warehouse space, rather than one (1) parking space for each
500 square feet of warehouse space currently in the code, based upon the minimal on-
premise customer contact associated with internet sales. Again, the ability of the
business to hold auctions is limited to weekends when parking demand in the industrial
areas decreases.
Changes to the Minimum Setbacks Required for Swimming Pools/Spas and Decks
The LDR currently contains provisions for swimming pools (and spas) and decks/patios.
The code recognizes two (2) types of swimming pools/spas - in-ground and above-
ground, and each are regulated differently. Both types are allowed within side interior
and rear yards, but none are permitted within front or side corner yards.
The minimum required setback for in-ground pools (and spas) is eight (8) feet from side
interior and rear yards. The rear setback may be reduced to five (5) feet in certain
instances where the subject property abuts “undevelopable lands” (e.g., body of water;
Interstate Highway; golf-course; etc.). Above-ground swimming pools (and spas) are
required to be setback 10 feet from side interior and rear property lines and there are no
special provisions to reduce their required setbacks.
The proposed code amendment would modify how in-ground and above-ground
swimming spools (and spas) are regulated. As proposed, in-ground and above-ground
- 5-
swimming pools and spas (36 inches in height or less) would be regulated in the same
manner. The minimum required setback (from side interior and rear property lines)
would remain at eight (8) feet; however, the provision to reduce the setback along
qualifying rear property lines would change from five (5) feet to two (2) feet (by right).
Furthermore, this setback may be reduced to zero (0) setback, but only upon the
discretion of the Director of Planning and Zoning where determined to pose no impact to
abutting properties. In addition, this provision for reduced setbacks would be extended to
side interior property lines as well. Decks and patios are site improvements that are
typically associated with swimming pools and spas. As such, the aforementioned
provision to reduce the side interior and rear setbacks are applicable to them as well, if
designed concurrently with a swimming pool or spa.
Nothing would change with respect to above-ground pools that are taller than 36 inches
in height – they would still be subject to the 10-foot setback. No change is proposed to
either type regarding the prohibition of swimming pools and spas in front or side corner
yards.
Provisions for Small Wind Energy Systems (SWES)
In creating a more sustainable community, staff recognizes great benefits in drafting land
development regulations (LDR) that promote renewable energy, recycling, and
conservation. Through the years and particularly after the adoption of the Climate Action
Plan, staff has been systematically and proactively drafting “green” regulations, such as
provisions for photovoltaic (PV) arrays, compost bins, rain barrels, community gardens,
electric vehicle (EV) charging stations and windmills for aeration purposes.
In 2010, the City adopted provisions for non-energy producing windmills, to be allowed
within nonresidential zoning districts for the sole purpose of aerating wet detention areas.
At the time, the Utilities Department wanted to install two (2) windmills (25 feet in
height) at the wet detention area of Mangrove Walk Park/Downtown Stormwater Pond as
part of a resolution to a water quality problem involving the Florida Department of
Environmental Protection (DEP). The windmills were intended to assist in the aeration
of the wet detention pond that stores water before being released into the Intracoastal
Waterway. The code amendment was approved on an “interim basis” in order for staff to
have time to observe, measure, and record any adverse impacts resulting from the
windmills. One main concern was the potential for impacting bird/wildlife. After the
ordinance was adopted, staff conducted monthly inspections over the course of the
following year and observed no dead birds or animals. During the public hearing
process, it was understood that future code provisions could be considered once the
windmills were tested and yielded little or no adverse impact, or if the benefit of having
them far outweighed the costs. The windmills, along with two fountains located within
the Downtown Stormwater Pond, now aerate the pond and help to maintain adequate
dissolved oxygen levels to support a healthy aquatic environment for fish, turtles, plants,
and other aquatic life. The Utilities Department has been pleased with the operation and
effectiveness of the windmills since their installation in 2010. The current provisions in
the LDR allow windmills only on non-residential sites for the sole purpose of aerating
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wet detention areas. This proposed amendment would expand their provision to allow for
energy production and storage. Staff acknowledges that Florida’s geography does not
avail it the same wind characteristics as that which is experienced in other regions of the
country for optimum wind energy production; however, it is staff’s opinion that
incorporating provisions for small wind energy systems (SWES) into the code will
expand educational programs and energy-saving options for property owners, as well as
reduce local energy costs and/or our carbon footprint.
In drafting regulations for SWES, staff took into consideration the current provisions for
Wireless Communication Facilities (WCF), particularly the “non-concealed freestanding
structures,” given that they are the most likely of all WCFs to have the potential for
negative impacts. Under the current regulations, non-concealed WCFs are allowed in the
Planned Industrial Development (PID), Light Industrial (M-1), Recreation (REC), and
Planned Unit Development (PUD) zoning districts. In all instances, WCFs are required
to be separated from each other by 750 feet. Other restrictions may apply (e.g.,
maximum height, minimum setbacks, minimum acreage, etc.), depending on the location
and size of the property; however, the tallest structure may be constructed up to 150 feet
in height. Because SWES have moving components, staff determined that their
provisions should be more restrictive, particularly with respect to maximum allowable
height.
Windmills are currently allowed (for aeration purposes) in commercial and mixed use
districts with a maximum height of 25 feet. The proposed regulations would not change
the height restriction, but would now allow windmills for energy production purposes as
well as for aerating lakes and ponds.
The most significant change proposed in connection with this amendment is the provision
to allow SWES in industrial (i.e., PID and M-1) and “miscellaneous” (i.e., PU and REC)
zoning districts with a maximum height of 75 feet. Each structure would have to meet
minimum setbacks (1-foot of setback from property line for each foot of structure height).
Staff understands that at least two (2) SWES may be proposed to Galaxy Elementary
School in the near future. Modifications to these regulations may be warranted once
more is determined on planned locations and specifications of the SWES at the rebuilt
elementary school.
Changes to the Flood Prevention Requirements
For a community to participate in the National Flood Insurance Program (NFIP), it must
adopt and enforce floodplain management regulations that meet or exceed the minimum
NFIP standards and requirements. These standards are intended to prevent loss of life
and property, as well as economic and social hardships that result from flooding.
The City of Boynton Beach participates in the NFIP and regulates structures in the
floodplain in accordance with Chapter 44 of the Code of Federal Regulations (44 CFR).
On January 15, 2013, the State of Florida adopted a Model Floodplain Management
Ordinance. As part of the City’s initiative to achieve regulatory compliance, the
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proposed code amendment would add language that is recommended by the Model
Ordinance. The new language would add flood-related definitions as well as
reformatting and clarifying the City’s procedures in the administration of the floodplain
regulations. It should be noted that no new processes or substantive changes are being
proposed at this time; therefore, there would be no difference in how the City
administrates the flood prevention provisions should the proposed ordinance be adopted.
CONCLUSION / RECOMENDATION
Staff is recommending approval of the proposed code amendments. Overall, these
amendments encourage/promote business/economic development; and simplify
regulations thereby making the code more user-friendly.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 13-002 Interim Amendments II\CDRV 13-002 Staff Report(rev).doc
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EXHIBIT “A”
CHAPTER 1. GENERAL ADMINISTRATION
ARTICLE II. DEFINITIONS
COASTAL CONSTRUCTION CONTROL LINE
– See F,C
LOODOASTAL CONSTRUCTION CONTROL
.”
LINE
DEVELOPMENT
- A single use or combination of uses, proposed or approved, that may include but
not be limited to a single-family subdivision, townhomes, rental apartments, condominiums, public
facilities, commercial buildings, shopping centers, or industrial projects, possibly of similar design,
constructed as a unified community. Development shall also include the meaning given it in §. 380.04
Fla. Stat., pursuant to a development order or permit. With respect to workforce housing, it shall mean
a proposed development at one location which includes at least 10 residential units for which site plan
approval is required.With respect to flood prevention requirements,it shall mean any man-made
change to improved or unimproved real estate, including but not limited to, buildings or other
structures, tanks, temporary structures, temporary or permanent storage of equipment or materials,
mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing
activities.
ESSENTIAL SERVICES AND INFRASTRUCTURE –
Services and infrastructure provided by
governmental entity or public/private utility, such as underground, surface, or overhead electrical, gas,
steam, water, sanitary sewage, and stormwater drainage structures, which are necessary for the health,
safety, and general welfare of the public. This use excludes wireless communication facilities (WCF).
Facilities owned and / or operated by a governmental entity or public service provider of essential
services and infrastructure (including but not limited to gas, electrical, potable water, sanitary sewer)
for the general public health, safety, convenience, and welfare.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA).
The federal agency that, in
addition to carrying out other functions, administers the National Flood Insurance Program.
FLOOD (FLOODING) -
A general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid
accumulation of runoff of surface waters from any source.
ALTERATION OF A WATERCOURSE -
A dam, impoundment, channel relocation, change
in channel alignment, channelization, or change in cross-sectional area of the channel or the
channel capacity, or any other form of modification which may alter, impede, retard or change
the direction and/or velocity of the riverine flow of water during conditions of the base flood.
ASCE 24 -
A standard titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
BASE FLOOD
- A flood having a one percent (1%) chance of being equalled or exceeded in
any given year.The base flood is commonly referred to as the "100 year flood" or the “1-
percent-annual chance flood.”
1
BASE FLOOD ELEVATION -
The elevation of the base flood, including wave height,
relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum
(NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
BASEMENT
- The portion of a building having its floor subgrade (below ground level) on all
sides.
COASTAL CONSTRUCTION CONTROL LINE
- The line established by the State of
Florida pursuant to section 161.053, F.S., and recorded in the official records of the community,
which defines that portion of the beach-dune system subject to severe fluctuations based on a
100-year storm surge, storm waves or other predictable weather conditions.
DESIGN FLOOD
- The flood associated with the greater of the following two areas: 1) Area
with a floodplain subject to a 1-percent or greater chance of flooding in any year; or 2) Area
designated as a flood hazard area on the community’s flood hazard map, or otherwise legally
designated.
DESIGN FLOOD ELEVATION
- The elevation of the “design flood,” including wave height,
relative to the datum specified on the community’s legally designated flood hazard map. In
areas designated as Zone AO, the design flood elevation shall be the elevation of the highest
existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood
hazard map. In areas designated as Zone AO where the depth number is not specified on the
map, the depth number shall be taken as being equal to two (2) feet.
ENCROACHMENT
- The placement of fill, excavation, buildings, permanent structures or
other development into a flood hazard area which may impede or alter the flow capacity of
riverine flood hazard areas.
FLOOD DAMAGE-RESISTANT MATERIALS
- Any construction material capable of
withstanding direct and prolonged contact with floodwaters without sustaining any damage that
requires more than cosmetic repair.
FLOOD HAZARD AREA
- The greater of the following two areas: 1) the area within a
floodplain subject to a one (1)-percent or greater chance of flooding in any year; and/or 2)
the area designated as a flood hazard area on the community’s flood hazard map, or
otherwise legally designated.
FLOODWAY ENCROACHMENT ANALYSIS
- An engineering analysis of the impact that
a proposed encroachment into a floodway is expected to have on the floodway boundaries and
base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer
using standard engineering methods and models.
FUNCTIONALLY DEPENDENT USE -
A use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water, including only docking facilities,
port facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities; the term does not include long term storage or related
manufacturing facilities.
2
HIGHEST ADJACENT GRADE
- The highest natural elevation of the ground surface prior
to construction next to the proposed walls or foundation of a structure.
LETTER OF MAP CHANGE (LOMC)
- An official determination issued by FEMA that
amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of
Map Change include:
Letter of Map Amendment (LOMA)
: An amendment based on technical data
showing that a property was incorrectly included in a designated special flood hazard
area. A LOMA amends the current effective Flood Insurance Rate Map and establishes
that a specific property, portion of a property, or structure is not located in a special
flood hazard area.
Letter of Map Revision (LOMR):
A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F)
: A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community’s floodplain management regulations.
Conditional Letter of Map Revision (CLOMR):
A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
LOWEST FLOOR -
The lowest floor of the lowest enclosed area of a building or structure,
including basement, but excluding any unfinished or flood-resistant enclosure, other than a
basement, usable solely for vehicle parking, building access or limited storage provided that
such enclosure is not built so as to render the structure in violation of the non-elevation
requirements of the Florida Building Code or ASCE 24.
SAND DUNES
- Naturally occurring accumulations of sand in ridges or mounds landward of
the beach.
SPECIAL FLOOD HAZARD AREA
- Land in the floodplain subject to a one (1) percent or
greater chance of flooding in any given year.Special flood hazard areas are shown on FIRMs
as Zone A, AO, A1 A30, AE, A99, AH, V1 V30, VE or V.
FLORIDA BUILDING CODE (FBC)
- The family of codes adopted by the Florida Building
Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida
Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code,
Plumbing; Florida Building Code, Fuel Gas.
3
GOVERNMENT
– A principal or accessory use that provides both essential and non-essential
services/infrastructure to promote the health safety, and general welfare of the public. For clarification,
this use does not include wireless communication facilities, SCHOOLS, or SOCIAL SERVICE
AGENCIES. The five (5) categories of governmental uses are as follows:
MUNICIPAL OFFICE/EMERGENCY/CIVIC FACILITIES CITY COMMUNITY
FACILITIES
– A municipalgovernmental usesuch as an administrative office, public safety
station or substation, civic center, library, recreational centers, and other similar uses that are
typically accessed by the public, including pubic parking facilities established primarily for the
benefit and service for the population of the community in which it is located.
MUNICIPAL UTILITY/SUPPORT FACILITIES –
A municipal use such as an electric
power facility, wastewater treatment plant, recycling center, solid waste transfer station, and
maintenance/storage facility that provides an essential utility or support service without direct
access to the facility by the public.
NON-MUNICIPAL OFFICE FACILITIES
– A non-municipal governmental or quasi-public
use, excluding a POST OFFICE, which typically functions in a regulatory capacity and directly
serves the public, such as administrative offices (e.g., employment, health, public assistance,
etc.), motor vehicle registration and licensing services, and judicial buildings.
NON-MUNICIPAL UTILITY/SUPPORT FACILITIES
– A non-municipal governmental or
quasi-public use that provides essential utility and support services and infrastructure to the
public such as an electric power facility, wastewater treatment plant, recycling center, solid
waste transfer station, maintenance/storage facility, or bus/train station.
POST OFFICE
- A government operated facility that provides mail delivery services, post
office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail.
MANUFACTURER’S REPRESENTATIVE
– An establishment primarily engaged in providing
customer service to the public on behalf of a manufacturer in an office-type of setting, primarily
through pre-arranged appointments. The business owner typically markets the product line to the
customer through the use of catalogues, brochures, or samples, and takes product orders, and relays
product orders to the manufacturer. Inventory for point-of-purchase sales shall not be allowed.
Individual items may be shipped directly to the representative for pickup by the customer; however,
large items or bulk goods are shipped directly to the customer, because the business use is deemed to be
an office rather than a retail, warehouse, or distribution operation.
SHOWROOM WAREHOUSE, (SINGLE PRODUCT LINE)
- Showroom-type establishment in
which the principal use consists of a showroom for large household items such as furniture, major
appliances, flooring, mattresses or the like. These establishments generally have a single product line,
which differentiates them from department stores, electronics stores, home improvement stores and
warehouse clubs in that they do not sell a wide range and mix of merchandise.
SMALL WIND ENERGY SYSTEM (SWES)
– A wind energy conversion system consisting of a
wind turbine, a tower, and associated control or conversion electronics, and which is intended to
primarily reduce on-site consumption of utility power and/or to serve an educational purpose. The total
height is measured at the tip of the blade or the highest piece of equipment attached thereto. In case of
building-mounted towers, the height of the tower includes the height of the building on which it is
4
mounted. For clarification, any SWES that is affixed to a building shall comply with the maximum
height and minimum setbacks required for an at-grade tower.
SOCIAL SERVICE AGENCY
- A non-regulatory public or private not-for-profit establishment
providing a combination of support services, resources, and activities, including counseling (except for
drug and alcohol addiction), education, training and referral; and soliciting funds to be used for these
and related services. Also includes establishments with community improvement and neighborhood
development functions. Excludes establishments providing overnight accommodations, medical clinics
dispensing prescription medications, and on-site food preparation and consumption; on-site food
distribution is permitted only if part of the establishment’s service mix and not its main objective.
WAREHOUSE, INTERNET SALES
- A warehouse-type of establishment that stores, packs, or
ships merchandise that is sold primarily over the internet, and wherein customer visits occur
infrequently. The business may have an accessory showroom area and/or auction activity; however,
any such space dedicated to a showroom shall not exceed 20% of the gross floor area, and any auction
activity is restricted to weekends only.
CHAPTER 2. LAND DEVELOPMENT PROCESS.
ARTICLE I. OVERVIEW…
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES…
ARTICLE III. ENGINEERING DIVISION SERVICES…
ARTICLE IV. BUILDING DIVISION SERVICES
Section 1. General…
Section 2. Building Permit…
Section 3. Sign Permit…
Section 4.Variances.
A.General…
B. Submittal Requirements…
C. Review Criteria…
D.Approval Process...
E. Expiration.
See Section 112 of the City’s Administrative Amendments to the
2010 FBC2007 Florida Building Code for the rules and regulations regarding the
expiration of a variance granted by the Building Board of Adjustment and Appeals.
F. Miscellaneous.
1.Conditions of Approval.
The Building Board of Adjustment and
Appeals may prescribe appropriate conditions and safeguards on the approval of
any variance in accordance with Section 112 of the City’s Administrative
Amendments to the 2010 FBC2007 Florida Building Code.
2.Flood Prevention Variances.
Any applicant to whom a variance
from the flood prevention requirements has been granted shall be given written
notice specifying the difference between the base flood elevation and the
5
elevation to which the structure is to be built and stating that the cost of flood
insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
a. Historic Buildings and Structures.
Variances from flood
prevention requirements to may be issued for theThe repair,
improvement, reconstruction, rehabilitation, or restoration of structures
listed on the National Register of Historic Places,orthe State Inventory
of Historic Places, or the Boynton Beach Register of Historic Places, are
eligible for variances from the flood prevention requirements of the LDR
without regard to the procedures set forth in the remainder of this section
upon evidence by the applicant that such actions would adversely impact
the historic designation of the structure. The Director of Development
or designee shall maintain the records of all appeal actions and report
any variances to the Federal Emergency Management Agency upon
request.
b. Functionally Dependent Uses.
A variance is authorized to
be issued for the construction or substantial improvement necessary for
the conduct of a functionally dependent use, as defined in this ordinance,
provided the variance meets the requirements of subsection “a” above, is
the minimum necessary considering the flood hazard, and all due
consideration has been given to use of methods and materials that
minimize flood damage during occurrence of the base flood.
CHAPTER 3. ZONING
ARTICLE IV. USE REGULATIONS
Section 1. Operational Performance Standards.
Section 2. Hazardous / Toxic Waste and Substances.
Section 3. Use Regulations.
A. General…
B. General Rules of Use Matrix…
1. Vacant Box…
2. Business Activity…
3. Terms…
4. Column Headings in Title Block…
5. Fire Department Hazardous Material Disclosure. ..
6. Drive-Through Facilities.
Drive-up, drive-through, and drive-in
facilities require conditional use approval unless otherwise specified. The
facility, including the stacking lanes must not be visible from public rights-of-
way where located within the SMU district, MU-L1 district, MU-L2 district, and
MU-L3 district. Furthermore, these facilities are prohibited in the MU-H and
PID districts for all establishments listed under the "Commercial"and“Public
6
& Civic” use group. See Chapter 4, Article VI, Section 3.F for additional
standards regarding queuing and vehicular stacking.
7.Distribution of Narcotics and Other Controlled Substances…
8. Prohibited Use of Public Parking Spaces…
9. Essential Services and Infrastructure.
Essential services and
infrastructure as defined in Chapter 1, Article II are allowed in all zoning
districts, contingent upon meeting all city codes and regulations. Additional
regulations and standards, such as landscaping or other types of screening may
apply on a case-by-case basis as determined by the Director of Planning &
Zoning.
10.9. Miscellaneous.
It should be noted that each use category
may contain additional limitations or restrictions. Please refer to the Definitions
(see Chapter 1, Article II), the applicable zoning district regulations in Chapter
3, Article III, and the Supplemental Regulations in Chapter 3, Article V.
C. Use Matrix Legend…
D.Use Matrix (Table 3-28).
This space intentionally left blank – see next page.
7
REC
PU
PID
M-1
MU-H
MU-L3
MU-L2
MU-L1
SMU
PCD
CBD
C-4
C-3
C-2
C-1
MHP
PUD
IPUD
R-3
R-2
R-1
R-1-A
R-1-AA
R-1-AAB
REC
PU
PID
M-1
MU-H
MU-L3
MU-L2
MU-L1
SMU
PCD
CBD
C-4
C-3
C-2
C-1
MHP
PUD
IPUD
R-3
R-2
R-1
R-1-A
R-1-AA
R-1-AAB
REC
PU
PID
M-1
MU-H
MU-L3
MU-L2
MU-L1
SMU
PCD
CBD
C-4
C-3
C-2
C-1
MHP
PUD
IPUD
R-3
R-2
R-1
R-1-A
R-1-AA
R-1-AAB
USE REGULATIONS
1. General Note.
Gross floor area shall not exceed 5,000 square feet.
5. General Note.
This use shall be prohibited on the first floor.
11. General Note.
This use shall be integrated into a mixed use building or
development.
18. Ocean Avenue Overlay Zone.
a.
This use is allowed in this zoning district only when proposed on a lot located
within the Ocean Avenue Overlay Zone (OAOZ).
b.
Any proposed non-residential use that would abut a side property line of a
residential use located on Northeast 1st Avenue or Southeast 1st Avenue requires
conditional use approval.
c.
Any allowable use is considered permitted by right, provided that it is proposed
on property with frontage on Ocean Avenue; otherwise conditional use approval shall
be required. Additionally, no existing uses shall be deemed non-conforming.
d.
Professional and technical schools allowed in the OAOZ are limited to those that
teach the culinary and visual arts.
22. General Note.
This non-industrial use is allowed within the M-1 district,
provided that it 1) is located within a multiple-tenant development on a lot that fronts on an
arterial roadway; 2) does not exceed 5,000 square feet; 3) excludes a drive-up, drive-through, or
drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article
V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new
merchandise.
24. General Note.
This non-industrial use is allowed within the PID district provided
it is located on a lot that has a Commercial (C) land use option.
25. General Note.
This non-industrial use is allowed within the PID district provided
it is located on a lot that has a Governmental & Institutional (G&I) land use option.
26. General Note.
This use is allowed within the PID, except that if proposed in
Quantum Park, it shall be restricted to a lot that has an Industrial (I) land use option.
28. General Note.
This non-industrial use is allowed within the PID district provided
it is located 1) on Lot 3B of the Boynton Commerce Center PID; or 2) on a lot with a Mixed
Use (MU) land use option fronting on an arterial roadway or on a MU lot with a development
order that is not solely for residential development.
31. General Note.
This non-industrial use is allowed within the PID district provided
it is located on a lot that has an Office (O) land use option. No drive-through facility shall be
allowed in connection with this use.
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USE REGULATIONS
62. Automotive, Minor Repair.
a. C-2 district.
A,MRis allowed as an accessory use to a
UTOMOTIVEINOREPAIR
GS. Conditional use approval is required for this component of the
ASOLINETATION
establishment.
b.C-3 district.
(1) As an Accessory Use. A,MRis allowed as an
UTOMOTIVEINOREPAIR
accessory use to a GAS STATION and also to AR, provided
UTOMOBILEENTAL
that the service and maintenance of the fleet vehicles is relegated to the rental
operation and not open to the public.
(2) As a Principal Use…
c.C-4 district…
d.PCD district…
M-1 district…
e.
b. PID district…
68. Personal Care (Beauty, Hair, Nails).
a.R-3 district, PUD district, C-2 district, C-3 district, C-4 district, CBD
district, PCD district, all “Mixed Use” districts and PID district.
In these
districts, body piercing and tattooing are allowed, but only as accessory to a lawful
principal use. In the M-1 district however, such businesses are allowed as a principal
use, but only in accordance with Section 3.D.4 above.
74. Social Service Agency.
a. R-2 district and R-3 district.
(1) Location. Along the following roadway types as designated in the
City of Boynton Beach Comprehensive Plan: Arterials and collectors.
(2) Size. The maximum building size shall be limited to 2,000 square feet
(per lot); however, for properties located within the boundaries of the Federal
Highway Corridor Redevelopment Plan, the maximum building size may be
larger, butshall not to exceed 5,000 square feet.
(3) Design. Building design shall be consistent with surrounding
residential styles.
12
USE REGULATIONS
(4) Landscaping.A minimum buffer width of five (5) feet and a
landscaping barrier shall be required for all parking and vehicle use areas, and
outdoor recreation areas that abut single-family residential zoning districts.
82. Theater.
All outdoor style theaters (i.e. band shell, amphitheater) require
conditional use approval.
85.Government, Municipal Office/Emergency/Civic FacilitiesCommunity Facilities.
a. All districts.
Conditional use approval shall be required for gross floor area in
excess of 5,000 square feet.
a. All districts.
All buildings and properties that are city owned and / or operated
and engaged in the performance of a public function may be permitted in any district as
defined herein. However, this excludes storage, maintenance, and treatment facilities as
a principal use and uses that have extensive storage, maintenance, or treatment facilities
on-site.
b. Ocean Avenue Overlay Zone.
Where located within the OAOZ,
community facilities, excluding public parking, shall be restricted to the area of Ocean
st
Avenue between Seacrest Boulevard and Northeast 1 Street.
86.Government, Non-Municipal Office Facilities.
Essential Services.
a. All “Mixed Use,” M-1 district, and PID district.
This use shall be integrated
into a multiple-tenant building. It must not 1) occupy more than 50% of the gross floor
area of any given building or 2) exceed 30% of the gross floor area of the mixed use
development, where applicable.
b. M-1 district.
This non-industrial use is allowed within the M-1 district,
provided that it 1) excludes a drive-up, drive-through, or drive-in facility; and 2)
complies with all off-street parking requirements of Chapter 4, Article V.
ESsuch as electric substations, switching stations, utility facilities,
SSENTIALERVICES
and the like are allowable in all zoning districts subject to full site plan review as
described in Chapter 2, Article II and subject to screening on all sides with walls or
acceptable landscaping as described in Chapter 4, Article II.
87. Day Care.
a. R-1-AAB district, R-1-AA district, R-1-A district, R-1 district, and PUD
district.
The following applies to facilities to be located within zoning districts
limited to single family homes:
(1) Design. Building design shall be consistent with surrounding
residential styles in accordance with Chapter 4, Article Section 5.GIII, Section
3.G.7.
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USE REGULATIONS
(2) Lot Size. A minimum of one-half (0.5) acre.
(3) Separation. Minimum separation requirement between D
AYCARES
shall be 2,400 feet (this distance separation requirement should not apply to
daycare uses limited to specific groups such as Cmembers, and should
HURCH
not be intended to place restrictive limits on the expansion / improvement of
those uses existing prior to codification.
b.R-2 district and R-3 district.
(1) Location. Along the following roadway types as designated in the
City of Boynton Beach Comprehensive Plan: arterials and collectors;
(a) Lot size. A minimum of one-half (0.5) acre One (1) acre;
(b) Landscaping. A minimum buffer width of five (5) feet and a
landscaping barrier shall be required for all parking and vehicle use
areas, and outdoor recreation areas that abut residential zoning districts.
Distances between outdoor play areas shall be maximized;
(c) Design. Building design shall be consistent with
surrounding residential styles in accordance with Chapter 4, Article III,
Section 5.GIII, Section 3.G.7.
(d) Separation. Minimum separation requirement between D
AY
shall be 2,400 feet (this distance separation requirement should
CARES
not apply to daycare uses limited to specific groups such as C
HURCH
members, and should not be intended to place restrictive limits on the
expansion / improvement of those uses existing prior to codification.
c.PCD district.
Uses listed as conditional uses would be considered permitted
uses if the following conditions are met:
(1) If shown on the originally approved master plan;
(2) Uses will not be subject to the minimum acreage requirements of the C-3
zoning district if the site meets the minimum acreage requirement for rezoning
to PCD; and
(3) All portions of any building dedicated to such use are separated from
residentially zoned property by a distance of 200 feet.
Section 4. Conditional Uses…
Section 5. Non-conforming Uses…
Section 6. Penalties…
ARTICLE V. SUPPLEMENTAL REGULATIONS
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USE REGULATIONS
Section 1. General…
Section 2. Walls and Fences…
Section 3. Common Building Appurtenances, Freestanding Structures, and Site
Amenities, Excluding Walls and Fences…
A. Building Appurtenances…
B. Decks, Patios, Steps, Stoops, and Terraces (Unenclosed and Uncovered).
Unless otherwise regulated by a master plan or site plan for a planned development,
unenclosed and uncovered decks, patios, steps, stoops, and terraces less than or equal to
one (1)-foot in height shall be setback at least two (2) feet from any property line.
Those with heights greater than one (1) foot but less than or equal to three (3) feet shall
be setback at least three (3) feet from any property line The aforementioned setbacks
may be further reduced, but only in connection with a swimming pool as provided for in
accordance with Section 3.D below.In both instances however, they shall be
maintained and drained so as to prevent nuisance conditions to the public and/or
abutting property owners. Decks, patios, steps, stoops, and terraces greater than three
(3) feet in height shall comply with the minimum setbacks required for the principal
building. Driveways for residential off-street parking areas shall be regulated in
accordance with Chapter 4, Article V, Section 2.B.
C. Screened-Roof Enclosures...
D. Swimming Pools and Spas.
Unless otherwise regulated by a master plan or site
plan for a planned development, in-ground and above-ground swimming pools and spas
(less than 36 inches in height) shall be setback at least eight (8) feet from rear and side
interior property lines; however, such required setbacks may be reduced to two (2) feet
in instances where the rear or side interior yard, whichever is applicable, abuts a body of
water, golf-course, an improved road, railroad, or highway right-of-way, or a non-
residential property. The required setback may be further reduced in such situations, but
only upon the determination of the Director of Planning & Zoning when determined
necessary to 1) comply with all applicable rules and regulations; 2) be of minimum scale
that will make possible the reasonable use of land; and 3) have no impact to abutting
properties.
For clarification, the provision to reduce setbacks shall only be available within the
yard(s) along property lines abutting the qualifying undevelopable or non-residential
lands. Above-ground swimming pools and spas greater than 36 inches in height shall be
setback 10 feet from rear and side interior property lines. In all instances, swimming
pools and spas shall not be allowed within the required front or corner side yards,
including forward of the front or side corner building lines. Swimming pools and spas
shall be regulated as follows:
1. In-Ground Swimming Pools and Spas.
In-ground swimming pools
and spas shall be setback at least eight (8) feet from rear and interior side
property lines; however, the rear setback may be reduced to five (5) feet in
instances where the rear yard abuts a body of water, golf-course, park, interstate
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USE REGULATIONS
or railroad right-of-way, commercial / industrial property, or the perimeter wall
of a development abutting other than residential property. They shall not be
allowed within the required front or corner side yards, including forward of the
front or side corner building lines.
2. Above-Ground Swimming Pools and Spas.
Above-ground
swimming pools and spas shall be setback at least 10 feet from rear and interior
side property lines. They shall not be allowed within the required front or
corner side yards, including forward of the front or side corner building lines.
1. Private Pump Housing and Equipment.
3. Private pump housing
and equipment for swimming pools (and spas) shall be setback at least three (3)
feet from the rear and interior side property lines and adequately screened where
visible from abutting rights-of-way or properties zoned for single-family
residential dwellings. Private pump houses and equipment shall not be allowed
within the required front or corner side yards, including forward of the front or
corner side building lines, unless approved for an administrative adjustment if it
is determined that no other on-site location is available or feasible. See Chapter
2, Article II, Section 4.A. for the regulations pertaining to the administrative
adjustment process.
2. Miscellaneous.
4. See the Florida Building Code for
additional regulations regarding barrier requirements around a swimming pool.
E. Sheds and Storage Containers…
F. Arbors, Trellises, and Pergolas…
G. Open Air Structures and Gazebos…
H. Barbecue Pits…
I.Rock Gardens…
J. Garden…
K. Fish and Lily Ponds…
L.Fountains, Sculptures, and Miscellaneous Art…
M. Playground Equipment…
N.Flags and Flagpoles.
In addition to the standards listed below, the
maximum size of any one (1) flag shall not exceed 24 square. For the purpose of this
subsection, building height shall be construed to be the highest point of the roof.
1. Flagpoles.
A flagpole, which contains no more than one (1)
structural ground member for support, shall be setback at least 10 feet from any
property line.
a. Single-Family and Two-Family Residential Districts.
Only
one (1) flagpole, containing a maximum of two (2) flags, may be erected
per lot. The maximum height of a flagpole shall neither exceed the
building height nor 25 feet, whichever is less. No flags of any
commercial nature may be flown on flagpoles located within any of
these districts.
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USE REGULATIONS
b. All Other Districts.
Only one (1) flagpole, containing a
maximum of two (2) flags, may be erected per lot / development. The
maximum height of a flagpole shall neither exceed the building height
nor 45 feet, whichever is less.
c. Certain Uses.
A maximum of three (3) flagpoles, containing one
(1) flag each, may be erected per lot / development for the following
uses (as described by the Use Matrix (Table 3-28) of Chapter 3, Article
IV, Section 3.D: Community Facilities, Schools (Primary and
Secondary), and Post Office. Two (2) flags may be flown on single
flagpole if only one (1) flagpole is erected for the entire development.
2. Stanchions (Affixed to Buildings).
A maximum of two (2) stanchions,
containing one (1) flag each, may be allowed per lot / development.
a. Size.
The total projection of a stanchion shall not exceed nine
(9) feet in length.
b. Maximum Height.
The projection of the stanchion, in
conjunction with its angle, shall not cause the top of the stanchion to be
taller than the existing building height.
c. Minimum Clearance.
A minimum dimension of nine (9)
feet shall be maintained under the flag, where needed to provide
adequate clearance for pedestrians.
d. Location.
Stanchions shall only be affixed to principal
buildings. They may protrude into any required yard setback but shall
not extend outside the property boundaries, except in instances where
they protrude into an abutting right-of-way. The owner shall obtain all
necessary approvals and permits where stanchions protrude into a public
right-of-way.
3. Wireless Communication Facilities.
See Section 13 below for
regulations regarding flagpoles that are used in connection conjunction with
Concealed Wireless Communication Facilities.
O. Seawalls, Bulkheads, Docks, and Piers.
P. Light Poles and Portable Landscape Lighting…
Q. Mailboxes…
R.Heating, Ventilation, and Air Conditioner (HVAC) Units…
S. Utility Transmission Lines…
T. Generators and Fuel Tanks…
U. Compost Bin and Tumbler...
V. Rain Barrel…
W.Solar Photovoltaic (PV) Arrays…
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USE REGULATIONS
X. Windmills and Small Wind Energy Systems (SWES).
Windmills and small
wind energy systems (SWES) are allowed in a limited number of zoning districts,
contingent upon compliance with the following:
1. Maximum Number, Height, and Minimum Setbacks.
Maximum
Minimum Setback
1
Zoning District Number per Maximum Height
Ratio
Lot
AllCommercial
2
125 feet
andMixed Use
4
3
1:1
AllIndustrial1 per acre 75 feet
All
N/A75 feet
Miscellaneous
1
Height limitations imposed by the Federal Aviation
Administration shall supersede any of the regulations contained herein.
2
No restriction shall apply with respect to the total number of
structures if the subject property is owned or leased by the City.
3
If proposed in Quantum Park, the maximum height shall be
restricted to 25 feet, except if proposed on a lot that has a Government &
Institutional (G&I) or Industrial (I) land use option.
4
Minimum required setback is equal to tower height.
2. Unauthorized Access.
a.
All ground mounted electrical and control equipment shall be
labeled or secured to prevent unauthorized access.
b.
The tower shall be designed and installed so as to not provide
step bolts or a ladder readily accessible to the public for a minimum
height of eight (8) feet above the ground.
3. Ground Clearance.
At its lowest point, the tip of any turbine blade
shall be no less than 15 feet above the surface of the ground.
4. Tilt-Down Capability.
The SWES shall be designed with tilt-
down capability where located within commercial and mixed use districts and
such facility shall be lowered to the prone position at least 12 hours upon the
posting of a tropical storm or hurricane watch. For clarification, these
provisions shall be applied to all SWES located on lots in Quantum Park
wherein the 25-foot height restriction is applicable.
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USE REGULATIONS
5. Automatic Overspeed Controls.
All SWES shall be equipped with
manual and automatic overspeed controls to limit blade rotation speed to within
the design limits of the system.
6. Disconnect.
A means of disconnecting the SWES power source in an
emergency shall be provided. This equipment shall be located adjacent to the
electric meter on residences and near the shunt trip on non-residential buildings.
7. Electrical Wires.
All electrical wires shall be installed underground.
8. Lighting.
A wind tower and generator shall not be artificially
lighted unless such lighting is required by the Federal Aviation Administration
(FAA).
9. Sound.
Audible noise due to WECS operations shall not exceed 55 dBA
or 10 decibels greater than ambient noise levels, measured at the nearest
property line. Sound levels may be exceeded during short-term events out of
anyone's control such as utility outages and/or severe wind storms.
10. Appearance.
The exterior finish shall be a single non-reflective neutral
color maintained throughout the life of the unit, excluding identification and
warning markings. The equipment, conduit, and associated facilities shall be
painted to complement existing structures. No lattice or use of guyed wires
shall be an allowable component to the design a SWES.
11. Signage.
All signs shall be prohibited, other than the manufacturer
or installer’s identification or those used for safety/informational purposes. The
intent is that no advertising shall occur in connection with a windmill or SWES.
Safety signs shall include “no trespassing,” “high voltage,” and the phone
number of the property owner or operator to call in case of an emergency.
12. Abandonment.
The governing body of the City finds that junked,
wrecked, dismantled, inoperable or abandoned WECS in and upon private real
property within the City is a matter affecting the health, safety, and general
welfare of the citizens of the City. If a WECS is inoperable for six consecutive
months the property owner shall be notified that they must, within six months of
receiving notice, restore their system to operating condition. If the property
owner fails to restore their system within the required six-month time frame,
said owner shall be required, at his expense, to remove the wind turbine from the
tower. The tower shall then be subject to the provisions of City ordinances
pertaining to nuisances.
13. Certification.
All SWES shall be certified under a program recognized
by the American Wind Energy Association.
Windmills, used to aerate wet detention areas, provided that such structures are
located in nonresidential zoning districts, designed as monopoles, and are not
greater than 25 feet in height (measured from the foundation or base, to the
19
USE REGULATIONS
shaft). The minimum required setback from the property line for each windmill
shall be equal to its height. Also, windmills shall be setback a minimum of 25
feet from all trees, in order to protect nesting and feeding sites for birds. All
windmills shall be lowered to the prone position at least 12 hours upon the
posting of a tropical storm or hurricane watch. All windmills shall be kept in
operating condition or may be subject to removal.
CHAPTER 4. SITE DEVELOPMENT STANDARDS.
ARTICLE I. ENVIRONMENTAL PROTECTION STANDARDS…
ARTICLE II. LANDSCAPE DESIGN AND BUFFERING STANDARDS…
ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS…
ARTICLE IV. SIGN STANDARDS…
ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS
Section 1. General…
Section 2. Standards…
A. General…
B. Table 4-17. Residential and Lodging Uses…
C. Table 4-18. Commercial and Office & Health Care/Office Uses.
Standard Number of Required Parking
Commercial and Office & Health Care/Office Uses
Spaces
Building area is based upon gross floor area (in square feet) unless specifically expressed otherwise.
1
Any Non-residential use (minimum): 4 or 1 per 200, whichever is greater
Shopping center: 1 per 200
Office-Retail Complex: 1 per 200
2
Restaurant:1 per 2.5 seats - no less than 1 per 100
Bar & Night Club: 1 per 2.5 seats - no less than 1 per 100
3
Gasoline Station: 1 per 250
Grocery Store: 1 per 200
Auto Car Wash (Polishing, Waxing, Detailing)
Automated (no employees): N/A
4
Full-Service:4 per tunnel
Auto Car Wash, Self-Service Bay: 2 per bay
5
Auto / motorcycle / truck, trailer, rec. vehicle sales / rental: 1 per 500
7
Automotive, Repair Major and Minor 1 per 250
8
Automotive, Repair (paint and body shops only): 1 per 300
6
Boat Dealer / Rental: 1 per 500
Coin-operated Laundry or Dry Cleaner: 1 per 250
Copying, Printing, or Sign Design: 1 per 300
Funeral Home: 1 per 200
Pet Care: 1 per 300
Bank and Financial Office: 1 per 250
Medical or Dental Office, Imaging / Testing: 1 per 200
Photography Studio: 1 per 300
Personal Care (Beauty, Hair, and Nails): 1 per 100
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USE REGULATIONS
Furniture and Home Furnishings: 1 per 500
Hospital:1 per 2.5 beds
Taxi, Limousine, and Charter Bus: 1 per 300
9
Nursery, Garden, and Farm Supply: 1 per 2,000 of outdoor nursery area
Travel Agency: 1 per 300
10
Showroom Warehouse (Single-Product Line) 1 per 500
Business / professional office not listed within this subsection: 1 per 300
Establishments not listed elsewhere within this subsection: 1 per 200
1
Non-residential: For the non-residential components of a mixed use project,
parking shall be calculated at a minimum of one (1) parking space for each two hundred
(200) square feet of gross floor area.
2
Indoor child play areas shall be excluded for this purpose if such areas are
designed/delineated separate from dining areas and if 20% or less than the gross floor
area of the restaurant. No additional parking spaces are required for outdoor seats
provided that the number of outdoor seats is 20% or less than the total number of indoor
seats. Additional parking spaces shall be required for outdoor seats in excess of this
threshold.
3
The required queuing distance at pump islands shall be in accordance with
Chapter 4, Article VI, Section 3.F. Gasoline Station establishments that contain
“Automotive, Minor Repair” shall provide for additional parking spaces (see
“Automotive, Minor Repair”).
4
Plus one (1) space per 75 square feet of detail, washing, and waxing areas.
5
Plus required parking spaces for outdoor storage or display of vehicles for sale
or for rent.
6
Plus one (1) space per 10,000 square feet of paved or unpaved outdoor area used
for the storage or display of boats for sale or for rent.
7
One (1) space per 250 square feet of gross floor area devoted to office, display of
merchandise, and waiting area. In addition, three (3) parking spaces are required for
each service bay. The space within a service bay may be counted towards satisfaction
of the required parking. However, in no case shall less than four (4) outside parking
spaces be provided.
8
In addition, each overhead door and interior spray booth may be counted
towards satisfaction of the required parking, provided there is the minimum area (the
size of a standard parking space) between an overhead door and an interior spray booth.
However, in no case shall less than four (4) outside parking spaces be provided.
9
Plus required parking for any retail floor area.
10
One (1) space per 500 square feet for first 10,000 square feet, then one (1) space
per 1,000 square feet thereafter.
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USE REGULATIONS
D. Table 4-19. Arts, Entertainment, and Recreational Uses
…
E. Table 4-20 Industrial Uses.
Standard Number of Required Parking
Industrial Uses Spaces
Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise.
Any Non-residential use (minimum):
1
4 or 1 per 200, whichever is greater
Dry Cleaning Plants: 1 per 500
Publishing and Commercial Printing: 1 per 500
Packing & Shipping, Trucking, and Moving: 1 per 800
Research & Development, Scientific / Technological: 1 per 300
Warehouse, Wholesale, Distribution
2
1 per 500
Multi-tenant building, Multi-use:
2
1 per 800
Single-tenant building, Single-use:
Warehouse, Dead-Storage 1 per 1,000
3
Warehouse, Internet Sales 1 per 700
34
Storage, Self-Service (Limited and Multi-access): 1 per 75 bays
Manufacturing and industrial uses not listed elsewhere: 1 per 500
1
Non-residential: For the non-residential components of a mixed use project,
parking shall be calculated at a minimum of one (1) parking space for each two hundred
(200) square feet of gross floor area.
2
Space allocated for accessory office use shall require parking at the ratio
required for the principal use, provided that the accessory office use does not exceed
20% of a single-tenant building or 20% of each bay within multi-tenant buildings.
Additional parking shall be required at a ratio of one (1) space per 300 square feet for
any accessory office floor area that exceeds 20% of the building / bay(s).
3
Plus one (1) space per 500 square feet of area devoted to showroom/auction
room.
4
Plus one (1) space per 300 square feet of office space plus two (2) security
spaces, if applicable.
F. Table 4-21 Educational Uses
…
Section 3. Special Reductions in Required Off-Street Parking…
Section 4.Exceptions to Providing Required Off-Street Parking…
Section 5.Other Parking Regulations…
Section 6. Penalties…
CHAPTER 4. SITE DEVELOPMENT STANDARDS.
ARTICLE I. ENVIRONMENTAL PROTECTION STANDARDS…
ARTICLE II. LANDSCAPING DESIGN & BUFFERING STANDARDS…
ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS…
22
USE REGULATIONS
ARTICLE IV. SIGN STANDARDS…
ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS
ARTICLE VI. PARKING LOT, VEHICULAR USE AREAS, AND LOADING
STADARDS…
ARTICLE VII. EXTERIOR LIGHTING STANDARDS.
Section 1. General…
Section 2. City Approval Required…
Section 3. Standards...
Section 4. Community Design.
A. General…
B. Buildings and Structures…
C. Maximum Footcandle and Illumination Levels.
Permanent off-street
lighting levels for all multiple-family residential and non-residential uses shall not
exceedfive and nine-tenths (5.9)a maximum of six (6) footcandles for any spot location
reading, excluding those areas where higher lighting levels are required for Automated
Teller Machines (ATM) or as identified in Crime Prevention through Environmental
Design (CPTED).
D. Pole (Total Overall) Heights in Relation to Building Height...
Section 5. Prohibited Lighting…
Section 6. Penalties…
ARTICLE VIII. UTILITY AND INFRASTRUCTURE DESIGN STANDARDS…
ARTICLE IX. BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION…
ARTICLE X. FLOOD PREVENTION REQUIREMENTS
Section 1. General.
A. Short Title.
This article shall hereafter be known and cited as the “City Flood
Prevention Code.”
B. Purpose and Intent.
The purpose of this article and the flood load and flood
resistant construction requirements of the Florida Building Code (FBC) are to establish
minimum requirements to safeguard the public health, safety, and general welfare and to
minimize public and private losses due to flooding through regulation of development in
flood hazard areas to:
1.
Minimize unnecessary disruption of commerce, access, and public
service during times of flooding;
2.
Require the use of appropriate construction practices in order to prevent
or minimize future flood damage;
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USE REGULATIONS
3.
Manage filling, grading, dredging, mining, paving, excavation, drilling
operations, storage of equipment or materials, and other development which
may increase flood damage or erosion potential;
4.
Manage the alteration of flood hazard areas, watercourses, and shorelines
to minimize the impact of development on the natural and beneficial functions
of the floodplain;
5.
Minimize damage to public and private facilities and utilities;
6.
Help maintain a stable tax base by providing for the sound use and
development of flood hazard areas;
7.
Minimize the need for future expenditure of public funds for flood
control projects and response to and recovery from flood events;
8.
Meet the requirements of the National Flood Insurance Program (NFIP)
for community participation as set forth in the Title 44 Code of Federal
Regulations (44 CFR); and
9. To insure that potential homebuyers are notified that property is in a
flood area.
It is the purpose of this article to promote the public health, safety, and general welfare
and to minimize public and private losses due to flood conditions in specific areas.
1. Objectives.
The specific objectives of this article are:
a.
To protect human life and health;
b.
To minimize expenditure of public money for costly flood-
control projects;
c.
To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
d.
To minimize prolonged business interruptions;
e.
To minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines, streets and
bridges located in floodplains;
f.
To help maintain a stable tax base by providing for the sound use
and development of flood-prone areas in such a manner as to minimize
future flood-blight areas; and,
g.
To insure that potential homebuyers are notified that property is
in a flood area.
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USE REGULATIONS
2. Methods of Reducing Flood Loss.
In order to accomplish its
objectives, this article includes methods and provisions that are designed to:
a.
Restrict or prohibit uses which are dangerous to health, safety
and property due to water or erosion hazards, or which result in
damaging increases in erosion or in flood heights or velocities;
b.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of initial
construction;
c.
Control the alteration of natural floodplains, stream channels and
natural protective barriers which are involved in the accommodation of
flood waters;
d.
Control filling, grading, dredging and other development which
may increase erosion or flood damage; and
e.
Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards to
other lands.
C. Administration.
1. Administrator.
The Building Official shall have the authority to
interpret and administer this article.
2. Duties.
Duties of the administrator or his designee shall include,
but not be limited to:
a.
Review all development permits to determine whether proposed
new development will be located in flood hazard areas to assure that the
permit requirements of this article have been satisfied. This includes
reviewing applications for modifications of any existing development in
flood hazard areas.
b.
Advise permittee that additional federal or state permits may be
required, and if specific federal or state permits are known, require that
copies of such permits be provided and maintained on file with the
development permit.
c.
Notify adjacent communities and the state department of
community affairs prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Emergency
Management Agency (FEMA).
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USE REGULATIONS
d.
Assure that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood-carrying capacity
is not diminished.
e.
Verify and record the actual elevation (in relation to mean sea
level) of the lowest floor (including basement) of all new or substantially
improved structures, in accordance with Chapter 2, Article IV, Section
2.
f.
Verify and record the actual elevation (in relation to mean sea
level) to which the new or substantially improved structures have been
flood proofed, in accordance with Chapter 2, Article IV, Section 2.
g.
In coastal high hazard areas, certification shall be obtained from
a registered professional engineer or architect that the structure is
securely anchored to adequately anchored pilings or columns in order to
withstand velocity waters and hurricane wave wash.
h.
In coastal high hazard areas, the administrator shall obtain
certification for the adequacy of breakaway walls in accordance with
Section 3.C.8 below.
i.
When flood proofing is utilized for a particular structure, the
administrator shall obtain certification from a registered professional
engineer or architect.
j.
Where interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazard (for example, where there
appears to be a conflict between a mapped boundary and actual field
conditions), the administrator shall make the necessary interpretation.
The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in
Chapter 1, Article VIIIVII, Section 1.D.2.
k.
When base flood elevation data has not been provided in
accordance with Section 1.D below, the administrator shall obtain,
review, and reasonably utilize any base flood elevation data available
from a federal, state, or other source, in order to administer the
provisions of Sections 3 and 4 below.The finished floor elevation of all
habitable space in new construction, not located in a flood zone, shall be
elevated a minimum of 12 inches above the crown of any adjacent
roadway.
l.
All records pertaining to the provisions of this article shall be
maintained in the Department of Development and shall be open for
public inspection.
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USE REGULATIONS
m.
Determine whether additional flood hazard data shall be obtained
from other sources or shall be developed by an applicant.
n.
Review applications to determine whether proposed development
will be reasonably safe from flooding.
3. Substantial Improvement and Substantial Damage Determinations.
For applications for building permits to improve buildings and
structures, including alterations, movement, enlargement, replacement, repair,
change of occupancy, additions, rehabilitations, renovations, substantial
improvements, repairs of substantial damage, and any other improvement of or
work on such buildings and structures, the Building Official shall:
a.
Estimate the market value, or require the applicant to obtain an
appraisal of the market value prepared by a qualified independent
appraiser, of the building or structure before the start of construction of
the proposed work; in the case of repair, the market value of the building
or structure shall be the market value before the damage occurred and
before any repairs are made;
b.
Compare the cost to perform the improvement, the cost to repair
a damaged building to its pre-damaged condition, or the combined costs
of improvements and repairs, if applicable, to the market value of the
building or structure;
c.
Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; and
d.
Notify the applicant if it is determined that the work constitutes
substantial improvement or repair of substantial damage and that
compliance with the flood resistant construction requirements of the
FBC and this article is required.
4. Notice and Orders.
The Building Official shall coordinate with
appropriate local agencies for the issuance of all necessary notices or orders to
ensure compliance with this article.
5. Other Duties.
The Building Official shall have other duties, including
but not limited to:
a.
Establish procedures for administering and documenting
determinations of substantial improvement and substantial damage;
b.
Require that applicants proposing alteration of a watercourse
notify adjacent communities and the Florida Division of Emergency
Management, State Floodplain Management Office, and submit copies
of such notifications to the Federal Emergency Management Agency
(FEMA);
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c.
Require applicants who submit hydrologic and hydraulic
engineering analyses to support permit applications to submit to FEMA
the data and information necessary to maintain the Flood Insurance Rate
Maps (FIRM) if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such
submissions shall be made within six (6) months of such data becoming
available;
d.
Review required design certifications and documentation of
elevations specified by this ordinance and the FBC and this article to
determine that such certifications and documentations are complete;
e.
Notify FEMA when the corporate boundaries of the City are
modified; and
f.
Advise applicants for new buildings and structures, including
substantial improvements, that are located in any unit of the Coastal
Barrier Resources System established by the Coastal Barrier Resources
Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990
(Pub. L. 101-591) that federal flood insurance is not available on such
construction; areas subject to this limitation are identified on the FIRM
as “Coastal Barrier Resource System Areas” and “Otherwise Protected
Areas.”
g. Floodplain Management Records.
Regardless of any limitation
on the period required for retention of public records, the Building
Official shall maintain and permanently keep and make available for
public inspection all records that are necessary for the administration of
this ordinance and the flood resistant construction requirements of the
FBC, including FIRM; Letters of Change; records of issuance of permits
and denial of permits; determinations of whether proposed work
constitutes substantial improvement or repair of substantial damage;
required design certifications and documentation of elevations specified
by the FBC and this ordinance; notifications to adjacent communities,
FEMA, and the state related to alterations of watercourses; assurances
that the flood carrying capacity of altered watercourses will be
maintained; documentation related to appeals and variances, including
justification for issuance or denial; and records of enforcement actions
taken pursuant to this ordinance and the flood resistant construction
requirements of the FBC. These records shall be available for public
inspection at the Development Department.
D. Applicability.
1.Scope.
This article applies to all development of real property located
within the City, including areas of special flood hazard. Development shall
include but not be limited to the subdivision of land; filling, grading, and other
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site improvements and utility installations; construction, alteration, remodeling,
enlargement, improvement, replacement, repair, relocation or demolition of
buildings, structures; placement, installation, or replacement of manufactured
homes and manufactured buildings; installation or replacement of tanks;
placement of recreational vehicles; installation of swimming pools; and any
other development.
2. Basis for Establishing Flood Hazard Areas.
The Flood Insurance
Study (FIS) for the City of Boynton Beach dated March 31, 1982, and all
subsequent amendments and revisions, and the accompanying FIRMs 120196
0001-0005, dated September 30, 1982, and all subsequent amendments and
revisions to such maps, are adopted by reference as a part of this article and
shall serve as the minimum basis for establishing flood hazard areas. Studies
and maps that establish flood hazard areas are on file in the Development
Department at the City.
3. Additional Data to Establish Flood Hazard Area.
To establish flood
hazard areas and base flood elevations pursuant to this article the Building
Official may require submission of additional data. Where field surveyed
topography prepared by a Florida licensed professional surveyor or digital
topography accepted by the community indicates that ground elevations:
a.
Are below the closest applicable base flood elevation, even in
areas not delineated as a special flood hazard area on a FIRM, the area
shall be considered as flood hazard area and subject to the requirements
of this ordinance and, as applicable, the requirements of the FBC.
b.
Are above the closest applicable base flood elevation, the area
shall be regulated as special flood hazard area unless the applicant
obtains a Letter of Map Change (LOMC) that removes the area from the
special flood hazard area.This article applies to all areas of special
flood hazard within the jurisdiction of Boynton Beach, Florida. Those
areas are identified by the Federal Emergency Management Agency n
its Flood Insurance Rate Map (FIRM) 120196 0001-0005, dated
September 30, 1982, and any revisions thereto are adopted by reference
and declared to be a part of this section.
E.Terms and Definitions.
See Chapter 1, Article II for all applicable terms
and definitions which pertain to the regulations and standards contained herein.
F. Rules.
1. Compliance.
No structure or land shall hereafter be located, extended,
converted, or structurally altered without full compliance with the terms of this
article and other applicable regulations.
2. Abrogation.
This article supersedes any ordinance in effect for
management of development in flood hazard areas. However, it is not intended
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to repeal or abrogate any existing ordinances including but not limited to land
development regulations, zoning ordinances, stormwater management
regulations, or the FBC. In the event of a conflict between this ordinance and
any other ordinance, the more restrictive shall govern. This article shall not
impair any deed restriction, covenant or easement, but any land that is subject to
such interests shall also be governed by this article.This article is not intended
to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this article and another conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
3.Interpretation.
In the interpretation and application of this article
all provisions shall be:
a.
Considered as minimum requirements;
b.
Liberally construed in favor of the governing body; and
c.
Deemed neither to limit nor repeal any other powers granted
under state statutes.
G. Conflict.
Whenever the regulations and requirements of this code conflict
with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the
most restrictive shall apply, unless otherwise stated herein. The provisions of this
article shall not be deemed to nullify any provisions of local, state, or federal law.
H. Relief from Requirements.
Unless described otherwise, any deviation from
the flood prevention regulations contained herein shall require approval of variance
application, which is subject to review and approval by the Building Board of
Adjustment and Appeals. A request for a variance shall be reviewed in accordance with
Chapter 2, Article IV, Section 4.
I. Warning and Disclaimer.
The degree of flood protection required by this
article and the FBC, as amended by this community, is considered the minimum
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur. Flood heights may be increased by
man made or natural causes. This ordinance does not imply that land outside of mapped
special flood hazard areas, or that uses permitted within such flood hazard areas, will be
free from flooding or flood damage. The flood hazard areas and base flood elevations
contained in the FIS and shown on FIRM and the requirements of 44 CFR may be
revised by the FEMA, requiring this community to revise these regulations to remain
eligible for participation in the NFIP. No guaranty of vested use, existing use, or future
use is implied or expressed by compliance with this ordinance. This article shall not
create liability on the part of the City or by any officer or employee thereof for any
flood damage that results from reliance on this ordinance or any administrative decision
lawfully made thereunder. The degree of flood protection required by this article is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur. Flood heights may be increased by
man-made or natural causes. This article does not imply that land outside the areas of
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special flood hazard or uses permitted within such areas will be free from flooding or
flood damages. This article shall not create liability on the part of the City, or by any
officer or employee thereof for any flood damages that result from reliance on this
article or any administrative decision lawfully made thereunder.
Section 2. City Approval Required.
Any owner or owner’s authorized agent who intends to undertake any development activity
within the scope of this article, which is wholly within or partially within any flood hazard area
shall first make application to the Building Official or designee and shall obtain the required
permit(s) and approval(s). No such permit or approval shall be issued until compliance with the
requirements of this article and all other applicable codes and regulations has been satisfied.
Flood zone elevation certification shall be required for improvements in applicable flood zones,
and reviewed in accordance with the procedures set forth in Chapter 2, Article IV, Section 2 for
any type of building permit application that upon its completion, would result in the issuance of
a certificate of occupancy.With respect to building and land development permits, the site plan
or construction documents for any development subject to the requirements of this article shall
be drawn to scale and shall include, as applicable to the proposed development:
A. Development in Flood Hazard Areas.
1.
Delineation of flood hazard areas, floodway boundaries and flood
zone(s), base flood elevation(s), and ground elevations if necessary for review of
the proposed development.
2.
Where base flood elevations, or floodway data are not included on the
FIRM or in the FIS, they shall be established in accordance with Section 2.B
and Section 2.C below.
3.
Where the parcel on which the proposed development will take place
will have more than 50 lots or is larger than five (5) acres and the base flood
elevations are not included on the FIRM or in the FIS, such elevations shall be
established in accordance with Section 2.B below.
4.
Location of the proposed activity and proposed structures, and locations
of existing buildings and structures; in coastal high hazard areas, new buildings
shall be located landward of the reach of mean high tide.
5.
Location, extent, amount, and proposed final grades of any filling,
grading, or excavation.
6.
Where the placement of fill is proposed, the amount, type, and source of
fill material; compaction specifications; a description of the intended purpose of
the fill areas; and evidence that the proposed fill areas are the minimum
necessary to achieve the intended purpose.
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7.
Delineation of the Coastal Construction Control Line (CCCL) or
notation that the site is seaward of the coastal construction control line, if
applicable.
8.
Extent of any proposed alteration of sand dunes or mangrove stands,
provided such alteration is approved by the Florida Department of
Environmental Protection.
9.
Existing and proposed alignment of any proposed alteration of a
watercourse.
The Building Official is authorized to waive the submission of site plans,
construction documents, and other data that are required by this article, but that
are not required to be prepared by a registered design professional if it is found
that the nature of the proposed development is such that the review of such
submissions is not necessary to ascertain compliance with this ordinance.
B. Information in Flood Hazard Areas without Base Flood Elevations
(Approximate Zone A).
Where flood hazard areas are delineated on the FIRM and
base flood elevation data have not been provided, the Building Official shall:
1.
Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices.
2.
Obtain, review, and provide to applicants base flood elevation and
floodway data available from a federal or state agency or other source or require
the applicant to obtain and use base flood elevation and floodway data available
from a federal or state agency or other source.
3.
Where base flood elevation and floodway data are not available from
another source, where the available data are deemed by the Building Official to
not reasonably reflect flooding conditions, or where the available data are
known to be scientifically or technically incorrect or otherwise inadequate:
(1) Require the applicant to include base flood elevation data
prepared in accordance with currently accepted engineering practices; or
(2) Specify that the base flood elevation is two (2) feet above the
highest adjacent grade at the location of the development, provided there
is no evidence indicating flood depths have been or may be greater than
two (2) feet.
4.
Where the base flood elevation data are to be used to support a LOMC
from FEMA, advise the applicant that the analyses shall be prepared by a
Florida licensed engineer in a format required by FEMA, and that it shall be the
responsibility of the applicant to satisfy the submittal requirements and pay the
processing fees.
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C. Additional Analyses and Certifications.
As applicable to the location and
nature of the proposed development activity, and in addition to the requirements of this
section, the applicant shall have the following analyses signed and sealed by a Florida
licensed engineer for submission with the site plan and construction documents:
1.
For development activities proposed to be located in a regulatory
floodway, a floodway encroachment analysis that demonstrates that the
encroachment of the proposed development will not cause any increase in base
flood elevations; where the applicant proposes to undertake development
activities that do increase base flood elevations, the applicant shall submit such
analysis to FEMA as specified in Section 2.C.5 below and shall submit the
Conditional Letter of Map Revision (CLOMR), if issued by FEMA, with the site
plan and construction documents.
2.
For development activities proposed to be located in a riverine flood
hazard area for which base flood elevations are included in the FIS or on the
FIRM and floodways have not been designated, hydrologic and hydraulic
analyses that demonstrate that the cumulative effect of the proposed
development, when combined with all other existing and anticipated flood
hazard area encroachments, will not increase the base flood elevation more than
one (1) foot at any point within the community. This requirement does not
apply in isolated flood hazard areas not connected to a riverine flood hazard area
or in flood hazard areas identified as Zone AO or Zone AH.
3.
For alteration of a watercourse, an engineering analysis prepared in
accordance with standard engineering practices which demonstrates that the
flood-carrying capacity of the altered or relocated portion of the watercourse
will not be decreased, and certification that the altered watercourse shall be
maintained in a manner which preserves the channel's flood-carrying capacity;
the applicant shall submit the analysis to FEMA as specified in Section 2.C.5
below.
4.
For activities that propose to alter sand dunes or mangrove stands in
coastal high hazard areas (Zone V), an engineering analysis that demonstrates
that the proposed alteration will not increase the potential for flood damage.
5.
When additional hydrologic, hydraulic or other engineering data, studies,
and additional analyses are submitted to support an application, the applicant
has the right to seek a Letter of Map Change from FEMA to change the base
flood elevations, change floodway boundaries, or change boundaries of flood
hazard areas shown on FIRMs, and to submit such data to FEMA for such
purposes. The analyses shall be prepared by a Florida licensed engineer in a
format required by FEMA. Submittal requirements and processing fees shall be
the responsibility of the applicant.
Section 3. Minimum Finished Floor Elevation (Non-Flood Hazard Area).
The finished
floor elevation of all habitable space of new construction not located in a flood zone shall be
elevated a minimum of twelve (12) inches above the average crown height of the adjacent
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roadway. The finished floor elevation of all habitable space of building additions and/or
substantial improvements not located in a flood zone shall be no lower than the existing finished
floor elevation.
Section 4. Minimum Requirements and Higher Regulatory Standards for Flood
Hazard Areas.
In all areas of special flood hazard the following provisions are required:
A. General Standards.
1. Anchors.
a.
All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the
structure.
b.
See Section 5.C below for anchoring standards for manufactured
homes.
2. Materials.
All new construction and substantial improvements shall
be constructed with materials and utility equipment resistant to flood damage.
3.Design.
a.
All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood damage.
b.
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the
components during conditions of flooding.
c.
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into the system.
d.
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters
4. On-Site Waste Disposal Systems.-
Onsite waste disposal systems shall
be located to avoid impairment to them or contamination from them during
flooding.
5. Miscellaneous.
Any alteration, repair, reconstruction or
improvements to a structure which are in compliance with the provision of this
article, shall meet the requirements of “new construction” as contained in this
article.
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B. Special Flood Hazard Areas (with Base Flood Elevation Data).
In all areas of
special flood hazard area where the BFE data have been provided, the following
provisions are required:
1. General.
New construction of any residential or non-residential
structure located in all special flood hazard areas shall have the lowest floor,
including basement, elevated to twelve (12) inches above the base flood
elevation (BFE). However, any proposed building addition and/or substantial
improvement to an existing structure shall only be required to have the lowest
floor, including basement, elevated to the BFE in accordance with 44 CFR.
Should solid foundation perimeter walls be used to elevate a residential
structure, openings sufficient to facilitate the unimpeded movements of flood
waters shall be provided in accordance with standards of Section 4.B.2 below.
Non-residential structures located in all A-zones may be flood proofed in lieu of
being elevated provided that all areas of the structure below the required
elevation are watertight and with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A registered
professional engineer or architect shall certify that the standards of this
subsection are satisfied. Such certification shall be provided as set forth in
Chapter 2, Article IV, Section 2.B.
2. Elevated Buildings.
New construction or substantial improvements of
existing elevated buildings that include fully enclosed areas formed by
foundation and other exterior walls below the base flood elevation shall be
designed to preclude finished living space and designed to allow for the entry
and exit of floodwaters to automatically equalize hydrostatic flood forces on
exterior walls.
a.
Designs for complying with this requirement must either be
certified by a professional engineer or architect or meet the following
minimum criteria:
(1) Provide a minimum of two (2) openings having a total
net area of not less than one (1) square inch for every square foot
of enclosed area subject to flooding;
(2) The bottom of all openings shall be no higher than one
(1) foot above grade; and
(3) Openings may be equipped with screens, louvers, valves
or other coverings or devices provided they permit the automatic
flow of floodwaters in both directions.
b.
Access to the enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited storage of
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maintenance equipment used in connection with the premises (standard
exterior door) or entry to the living area (stairway or elevator); and
c.
The interior portion of such enclosed area shall not be partitioned
or finished into separate rooms.
d.
Electrical, plumbing and other utility connections are prohibited
below the base flood elevation;
C. Floodways.
The following provisions shall apply to floodways within areas of
special flood hazard established hereinbefore:
1.
Prohibit encroachments including fill, new construction, substantial
improvements, and other development unless certification (with supporting
technical data) by a Florida registered engineer is provided demonstrating that
encroachments shall not result in any increase in flood levels during occurrence
of the base flood discharge.
2.
If Section 4.C.1 above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of this article.
3.
Prohibit the placement of any manufactured homes (mobile homes)
except in an existing manufactured home (mobile home) park or subdivision. A
replacement manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring standards and
elevation standards outlined hereinbefore are met.
D.Coastal High Hazard Area (V Zones).
Located within the areas of special
flood hazard established herein are areas designated as coastal high hazard areas. These
areas have special flood hazards associated with wave wash; therefore, the following
provisions shall apply:
1.
All buildings or structures shall be located landward of the reach of the
mean high tide and the Coastal Construction Control Line.
2.
All buildings or structures shall be elevated so that the lowest supporting
member (excluding pilings or columns) is located no lower than the base flood
elevation level, with all space below the lowest supporting member open so as
not to impede the flow of water. Open lattice work or decorative screening may
be permitted for aesthetic purposes only and must be designed to wash away in
the event of abnormal wave action.
3.
All buildings or structures shall be securely anchored on pilings or
columns.
4.
All pilings and columns and the attached structures shall be anchored to
resist flotation, collapse, and lateral movement due to the effect of wind and
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water loads acting simultaneously on all building components. The anchoring
and support system shall be designed with wind and water loading values which
equal or exceed the 100-year mean recurrence interval {one percent (1%) annual
chance flood}.
5.
A Florida registered engineer or architect shall certify that the design,
specifications and plans for construction are in compliance with the provisions
contained in Sections 4.D.2 through 4 above.
6.
No fill shall be used as structural support. Non-compacted fill may be
used around the perimeter of a building for landscaping/aesthetic purposes
provided the fill will wash out from storm surge, (thereby rendering the building
free of obstruction) prior to generating excessive loading forces, ramping effects
or wave deflection. The Department of Development shall review design plans
for landscaping/aesthetic fill only after the applicant has provided an analysis by
an engineer, architect and/or soil scientist, which demonstrates that the
following factors have been fully considered:
a.
Particle composition of fill material does not have a tendency for
excessive natural compaction; and
b.
Volume and distribution of fill will not cause wave deflection to
adjacent properties; and
c.
Slope of fill will not cause wave run-up or ramping.
7.
In coastal high hazard areas, alteration of sand dunes and mangrove
stands shall be permitted only if such alteration is approved by the Florida
Department of Environmental Protection and only if the engineering analysis
required by Section 2.C above demonstrates that the proposed alteration will not
increase the potential for flood damage. Construction or restoration of dunes
under or around elevated buildings and structures shall comply with the
regulations contained herein. There shall be no alteration of sand dunes or
mangrove stands which would increase potential flood damage.
8.
Lattice work or decorative screening shall be allowed below the base
flood elevation provided they are not part of the structural support of the
building and are designed so as to breakaway, under abnormally high tides or
wave action, without damage to the structural integrity of the building on which
they are to be used and provided the following design specifications are met:
a.
No solid walls shall be allowed; and
b.
Material shall consist of wood or mesh screening only.
9.
If aesthetic lattice works or screening are utilized, such enclosed space
shall not be used for human habitation.
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10.
Prior to construction, plans for any structure that will have lattice work
or decorative screening must be submitted to the development department for
review.
11.
Prohibit the placement of manufactured homes (mobile homes), except
in an existing manufactured home (mobile home) park or subdivision. A
replacement manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring and elevation
standards of this chapter are met.
12.
Any alteration, repair, reconstruction or improvement to a structure shall
not enclose the space below the lowest floor except for lattice work or
decorative screening, as provided for in Section 4.D.8 and 9 above.
E. Areas of Shallow Flooding (AO) Zones).
Located within the areas of special
flood hazard established in Section 1.F are areas designated as shallow flooding. These
areas have special flood hazards associated with base flood depths of one (1) to three (3)
feet where a clearly defined channel does not exist and where the path of flooding is
unpredictable and indeterminate; therefore, the following provisions apply:
1.Residential Structures.
All new construction and substantial
improvements of residential structures and service systems shall have the lowest
floor, including basement, elevated to the depth number specified on the FIRM,
in feet, above the highest adjacent grade. If no depth number is specified, the
lowest floor, including basement, of new construction shall be elevated at least
two (2) feet above the highest adjacent grade or average crown of road,
whichever is higher. For additions and/or substantial improvements, the lowest
floor, including basement shall be no lower than the existing finished floor
elevation.
2.Nonresidential Structures.
All new construction and substantial
improvements of non-residential structures shall:
a.
Have the lowest floor, including basement and service systems,
elevated to the depth number specified on the FIRM, in feet, above the
highest adjacent grade. If no depth number is specified, the lowest floor,
including basement, of new construction shall be elevated at least two
(2) feet above the highest adjacent grade or average crown of road,
whichever is higher. For additions and/or substantial improvements, the
lowest floor, including basement, shall be no lower than the existing
finished floor elevation.
b.
Be completely flood proofed to or above that level so that any
space below that level has watertight walls substantially impermeable to
the passage of water; structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
and utility and sanitary facilities completely flood proofed.
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F.Small Streams.
Where small streams exist, but where no base flood data
has been provided or where no floodways have been provided, the following provisions
apply:
1.Encroachments.
No encroachments, including fill material or
structures, shall be located within a distance of the stream bank equal to five (5)
times the width of the stream at the top of bank or 20 feet on each side from top
of bank, whichever is greater unless certification by a Florida registered
engineer is provided demonstrating that such encroachments shall not result in
any increase in flood levels during the occurrence of the base flood discharge.
2.Construction and Improvements.
New construction or substantial
improvements of structures shall be elevated or flood proofed in accordance
with elevations established in accordance with Section 1.C.2.k above.
G.Seaward of the Coastal Construction Control Line.
If extending, in
whole or in part, seaward of the coastal construction control line and also located, in
whole or in part, in a flood hazard area, buildings and structures shall be designed and
constructed to comply with the more restrictive applicable requirements of the FBC.
Minor structures and non-habitable major structures as defined in Florida Statutes shall
be designed and constructed to comply with the intent and applicable provisions of this
article and ASCE 24.
Section 3. Requirements.
A. Areas of Special Flood Hazard.
In all areas of special flood hazard the
following provisions are required:
1.Anchors.
a.New Construction and Substantial Improvements.
All
new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure.
b. Manufactured Homes.
Manufactured homes shall be
anchored to prevent flotation, collapse or lateral movement. Methods of
anchoring may include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This standard shall be in addition to and
consistent with applicable state requirements for resisting wind forces.
2. Materials.
All new construction and substantial improvements shall
be constructed with materials and utility equipment resistant to flood damage.
3. Design.
a.
All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood damage.
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b.
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the
components during conditions of flooding.
c.
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into the system.
d.
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters.
4. On-Site Waste Disposal Systems.
On-site waste disposal systems
shall be located to avoid impairment to them or contamination from them during
flooding.
5. Miscellaneous.
Any alteration, repair, reconstruction or
improvements to a structure which are in compliance with the provision of this
article, shall meet the requirements of “new construction” as contained in this
article.
6. Flood Elevation Data Provided.
In all areas of special flood hazard
where base flood elevation data has been provided as set forth in this article, the
following provisions are required:
a. Residential Construction
. New construction or substantial
improvement of any residential structure shall have the lowest floor,
including basement, elevated to or above base flood elevation. Should
solid foundation perimeter walls be used to elevate a structure, openings
sufficient to facilitate the unimpeded movements of flood waters shall be
provided in accordance with standards of Section 3.A.6.c below.
b. Non-Residential Construction.
New construction or
substantial improvement of any commercial, industrial, or other non-
residential structure shall have the lowest floor, including basement,
elevated to the level of the base flood elevation. Structures located in all
A-zones may be flood proofed in lieu of being elevated provided that all
areas of the structure below the required elevation are watertight and
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered professional
engineer or architect shall certify that the standards of this subsection are
satisfied. Such certification shall be provided as set forth in Chapter 2,
Article IV, Section 2.B.
c. Elevated buildings.
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(1) New construction or substantial improvements of
elevated buildings that include fully enclosed areas formed by
foundation and other exterior walls below the base flood
elevation shall be designed to preclude finished living space and
designed to allow for the entry and exit of floodwaters to
automatically equalize hydrostatic flood forces on exterior walls.
Designs for complying with this requirement must either be
certified by a professional engineer or architect or meet the
following minimum criteria:
(a) Provide a minimum of two (2) openings having a
total net area of not less than one (1) square inch for
every square foot of enclosed area subject to flooding;
(b) The bottom of all openings shall be no higher
than one (1) foot above grade; and
(c) Openings may be equipped with screens, louvers,
valves or other coverings or devices provided they
permit the automatic flow of floodwaters in both
directions.
d.
Electrical, plumbing and other utility connections are prohibited
below the base flood elevation;
e.
Access to the enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited storage of
maintenance equipment used in connection with the premises (standard
exterior door) or entry to the living area (stairway or elevator); and
f.
The interior portion of such enclosed area shall not be partitioned
or finished into separate rooms.
B. Floodways.
The following provisions shall apply to floodways within areas of
special flood hazard established hereinbefore:
1.
Prohibit encroachments including fill, new construction, substantial
improvements, and other development unless certification (with supporting
technical data) by a Florida registered engineer is provided demonstrating that
encroachments shall not result in any increase in flood levels during occurrence
of the base flood discharge.
2.
If Section 3.B.1 above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of this article Section 3.
3.
Prohibit the placement of any manufactured homes (mobile homes)
except in an existing manufactured home (mobile home) park or subdivision. A
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replacement manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring standards and
elevation standards outlined hereinbefore are met.
C.Coastal High Hazard Area (V Zones).
Located within the areas of special
flood hazard established herein are areas designated as coastal high hazard areas. These
areas have special flood hazards associated with wave wash; therefore, the following
provisions shall apply:
1.
All buildings or structures shall be located landward of the reach of the
mean high tide.
2.
All buildings or structures shall be elevated so that the lowest supporting
member (excluding pilings or columns) is located no lower than the base flood
elevation level, with all space below the lowest supporting member open so as
not to impede the flow of water. Open lattice work or decorative screening may
be permitted for aesthetic purposes only and must be designed to wash away in
the event of abnormal wave action.
3.
All buildings or structures shall be securely anchored on pilings or
columns.
4.
All pilings and columns and the attached structures shall be anchored to
resist flotation, collapse, and lateral movement due to the effect of wind and
water loads acting simultaneously on all building components. The anchoring
and support system shall be designed with wind and water loading values which
equal or exceed the 100-year mean recurrence interval {one percent (1%) annual
chance flood}.
5.
A Florida registered engineer or architect shall certify that the design,
specifications and plans for construction are in compliance with the provisions
contained in Sections 3.C.2 through 4 above.
6.
No fill shall be used as structural support. Non-compacted fill may be
used around the perimeter of a building for landscaping/aesthetic purposes
provided the fill will wash out from storm surge, (thereby rendering the building
free of obstruction) prior to generating excessive loading forces, ramping effects
or wave deflection. The Department of Development shall review design plans
for landscaping/aesthetic fill only after the applicant has provided an analysis by
an engineer, architect and/or soil scientist, which demonstrates that the
following factors have been fully considered:
a.
Particle composition of fill material does not have a tendency for
excessive natural compaction; and
b.
Volume and distribution of fill will not cause wave deflection to
adjacent properties; and
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c.
Slope of fill will not cause wave run-up or ramping.
7.
There shall be no alteration of sand dunes or mangrove stands which
would increase potential flood damage.
8.
Lattice work or decorative screening shall be allowed below the base
flood elevation provided they are not part of the structural support of the
building and are designed so as to breakaway, under abnormally high tides or
wave action, without damage to the structural integrity of the building on which
they are to be used and provided the following design specifications are met:
a.
No solid walls shall be allowed; and
b.
Material shall consist of wood or mesh screening only.
9.
If aesthetic lattice works or screening are utilized, such enclosed space
shall not be used for human habitation.
10.
Prior to construction, plans for any structure that will have lattice work
or decorative screening must be submitted to the development department for
review.
11.
Prohibit the placement of manufactured homes (mobile homes), except
in an existing manufactured home (mobile home) park or subdivision. A
replacement manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring and elevation
standards of this chapter are met.
12.
Any alteration, repair, reconstruction or improvement to a structure shall
not enclose the space below the lowest floor except for lattice work or
decorative screening, as provided for in Section 3.C.8 and 9 above.
D. Areas of Shallow Flooding (AO) Zones).
Located within the areas of special
flood hazard established in Section 1.F are areas designated as shallow flooding. These
areas have special flood hazards associated with base flood depths of one (1) to three (3)
feet where a clearly defined channel does not exist and where the path of flooding is
unpredictable and indeterminate; therefore, the following provisions apply:
1.Residential Structures.
All new construction and substantial
improvements of residential structures shall have the lowest floor, including
basement, elevated to the depth number specified on the flood insurance rate
map, in feet, above the highest adjacent grade. If no depth number is specified,
the lowest floor, including basement, shall be elevated at least two (2) feet above
the highest adjacent grade.
2.Nonresidential Structures.
All new construction and substantial
improvements of non-residential structures shall:
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a.
Have the lowest floor, including basement, elevated to the depth
number specified on the flood insurance rate map, in feet, above the
highest adjacent grade. If no depth number is specified, the lowest floor,
including basement, shall be elevated at least two (2) feet above the
highest adjacent grade, or
b.
Be completely flood proofed to or above that level so that any
space below that level has watertight walls substantially impermeable to
the passage of water; structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
and utility and sanitary facilities completely flood proofed.
E. Subdivision Standards.
The following provisions shall apply for all
subdivision proposals:
1.
All subdivision proposals shall be consistent with the need to minimize
flood damage.
2.
All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize
flood damage.
3.
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards.
4.
Base flood elevation data shall be provided for subdivision proposals and
other proposed development which contains more than 50 lots or is larger than
five (5) acres.
F.Small Streams.
Where small streams exist, but where no base flood data
has been provided or where no floodways have been provided, the following provisions
apply:
1.Encroachments.
No encroachments, including fill material or
structures, shall be located within a distance of the stream bank equal to five (5)
times the width of the stream at the top of bank or 20 feet on each side from top
of bank, whichever is greater unless certification by a Florida registered
engineer is provided demonstrating that such encroachments shall not result in
any increase in flood levels during the occurrence of the base flood discharge.
2.Construction and Improvements.
New construction or substantial
improvements of structures shall be elevated or flood proofed in accordance
with elevations established in accordance with Section 1.C.2.k above.
Section 5. Specific Requirements by Type of Improvement or Development.
A. Utilities.
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1. General.
All proposed new development shall be reviewed to
determine that:
a.
Such proposals are consistent with the need to minimize flood
damage and will be reasonably safe from flooding;
b.
All public utilities and facilities such as sewer, gas, electric,
communications, and water systems are located and constructed to
minimize or eliminate flood damage; and
c.
Adequate drainage is provided to reduce exposure to flood
hazards; in Zones AH and AO, adequate drainage paths shall be
provided to guide floodwaters around and away from proposed
structures.
2. Sanitary Sewage Facilities.
All new and replacement sanitary sewage
facilities, private sewage treatment plants (including all pumping stations and
collector systems), and on-site waste disposal systems shall be designed in
accordance with the standards for onsite sewage treatment and disposal systems
in Chapter 64E-6, F.A.C. and ASCE 24, Chapter 7 to minimize or eliminate
infiltration of floodwaters into the facilities and discharge from the facilities into
flood waters, and impairment of the facilities and systems.
3. Water Supply Facilities.
All new and replacement water supply
facilities shall be designed in accordance with the water well construction
standards in Chapter 62-532.500, F.AC. and ASCE 24, Chapter 7 to minimize or
eliminate infiltration of floodwaters into the systems.
4. Limitations on Placement of Fill.
Subject to the limitations of this
ordinance, fill shall be designed to be stable under conditions of flooding
including rapid rise and rapid drawdown of floodwaters, prolonged inundation,
and protection against flood-related erosion and scour. In addition to these
requirements, if intended to support buildings and structures (Zone A only), fill
shall comply with the requirements of the FBC.
B. Subdivision Standards.
E.
1. General.
The following provisions shall apply for all subdivision
proposals:
a.
1. All subdivision proposals shall be consistent with the
need to minimize flood damage.
b.
2. All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage.
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c.
3. All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards.
d.
4. Base flood elevation data shall be provided for
subdivision proposals and other proposed development which contains
more than 50 lots or is larger than five (5) acres.
e.
Adequate drainage is provided to reduce exposure to flood
hazards; in Zones AH and AO, adequate drainage paths shall be
provided to guide floodwaters around and away from proposed
structures.
2. Subdivision Plats.
Where any portion of proposed subdivisions,
including manufactured home parks and subdivisions, lies within a flood hazard
area, the following shall be required:
a.
Delineation of flood hazard areas, floodway boundaries and
flood zones, and design flood elevations, as appropriate, shall be shown
on preliminary plats and final plats;
b.
Where the subdivision has more than 50 lots or is larger than five
(5) acres and base flood elevations are not included on the FIRM, the
base flood elevations determined in accordance with the requirements
contained herein; and
c.
Compliance with the site improvement and utilities requirements
contained herein of this ordinance.
C. Manufactured Homes.
1. General.
All manufactured homes installed in flood hazard areas
shall be installed by an installer that is licensed pursuant to section 320.8249,
F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the
requirements of this article. If located seaward of the CCCL, all manufactured
homes shall comply with the more restrictive of the applicable requirements.
2. Foundations.
All new manufactured homes and replacement
manufactured homes installed in flood hazard areas shall be installed on
permanent, reinforced foundations that:
a.
In flood hazard areas (Zone A) other than coastal high hazard
areas, are designed in accordance with the foundation requirements of
the FBC, Residential Section R322.2 and this article.
b.
In coastal high hazard areas (Zone V), are designed in
accordance with the foundation requirements of the FBC, Residential
Section R322.3 and this article.
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3. Anchoring.
All new manufactured homes and replacement
manufactured homes shall be installed using methods and practices which
minimize flood damage and shall be securely anchored to an adequately
anchored foundation system to resist flotation, collapse or lateral movement.
Methods of anchoring include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This anchoring requirement is in addition to
applicable state and local anchoring requirements for wind resistance.
4. Elevation.
Manufactured homes that are placed, replaced, or
substantially improved shall comply with Section 5.C.5 and Section 5.C.6
below, as applicable.
5. General Elevation Requirement.
Unless subject to the requirements of
Section 5.C.6 below, all manufactured homes that are placed, replaced, or
substantially improved on sites located: 1) outside of a manufactured home park
or subdivision; 2) in a new manufactured home park or subdivision; 3) in an
expansion to an existing manufactured home park or subdivision; or 4) in an
existing manufactured home park or subdivision upon which a manufactured
home has incurred "substantial damage" as the result of a flood, shall be
elevated such that the bottom of the frame is at or above the elevation required,
as applicable to the flood hazard area, in the FBC, Residential Section R322.2
(Zone A) or Section R322.3 (Zone V).
6. Elevation Requirement for Certain Existing Manufactured Home
Parks and Subdivisions.
Manufactured homes that are not subject to Section
5.C.5 of this article, including manufactured homes that are placed, replaced, or
substantially improved on sites located in an existing manufactured home park
or subdivision, unless on a site where substantial damage as result of flooding
has occurred, shall be elevated such that either the:
a.
Bottom of the frame of the manufactured home is at or above the
elevation required, as applicable to the flood hazard area, in the FBC,
Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or
b.
Bottom of the frame is supported by reinforced piers or other
foundation elements of at least equivalent strength that are not less than
36 inches in height above grade.
7. Enclosures.
Enclosed areas below elevated manufactured homes shall
comply with the requirements of the FBC, Residential Section R322 for such
enclosed areas, as applicable to the flood hazard area.
8. Utility Equipment.
Utility equipment that serves manufactured homes,
including electric, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities, shall comply with the requirements of the
FBC, Residential Section R322, as applicable to the flood hazard area.
D. Tanks.
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1. Underground Tanks.
Underground tanks in flood hazard areas shall be
anchored to prevent flotation, collapse or lateral movement resulting from
hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty.
2. Above-Ground Tanks, Not Elevated.
Above-ground tanks that do not
meet the elevation requirements of Section 5.D.3 below shall:
a.
Be permitted in flood hazard areas (Zone A) other than coastal
high hazard areas, provided the tanks are anchored or otherwise
designed and constructed to prevent flotation, collapse or lateral
movement resulting from hydrodynamic and hydrostatic loads during
conditions of the design flood, including the effects of buoyancy
assuming the tank is empty and the effects of flood-borne debris.
b.
Not be permitted in coastal high hazard areas (Zone V).
3. Above-Ground Tanks, Elevated.
Above-ground tanks in flood hazard
areas shall be attached to and elevated to or above the design flood elevation on
a supporting structure that is designed to prevent flotation, collapse or lateral
movement during conditions of the design flood. Tank-supporting structures
shall meet the foundation requirements of the applicable flood hazard area.
4. Tank Inlets and Vents.
Tank inlets, fill openings, outlets and vents
shall be:
a.
At or above the design flood elevation or fitted with covers
designed to prevent the inflow of floodwater or outflow of the contents
of the tanks during conditions of the design flood; and
b.
Anchored to prevent lateral movement resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy,
during conditions of the design flood.
Section 6. Appeals.
The Building Board of Adjustment and Appeals shall hear and
decide on requests for appeals from the strict application of this article and of the flood resistant
construction requirements of the FBC, excluding Section 3109 or latest supplement thereof.
Section7. Penalties.
4.
The City or any other legal authority shall enforce any violation of this article pursuant to the
penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development
Regulations.
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