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BoyntonBchCh4CHAPTER 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 Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards Article VII. Exterior Lighting Standards Article VIII. Utility and Infrastructure Design Standards Article IX. Building, Construction, and Historic Preservation Article X. Flood Prevention Requirements Article XI. Excavation and Fill Regulations ARTICLE I. ENVIRONMENTAL PROTECTION STANDARDS Sec. 1. General. A. Short Title. This article shall be known and may be cited as the "City Tree Preservation Ordinance." B. Purpose and Intent. The city recognizes the inherent value of trees and other plant material. Healthy vegetation aids in reducing destructive environmental factors to real property, such as wind, noise, and the potential for erosion to the city's soils and beaches. Trees and shrubs contribute towards energy conservation and management by producing oxygen and absorbing carbon dioxide. They have a positive effect in surface drainage, and help to provide a beautiful and aesthetic environment for residents, businesses, and visitors. The purpose and intent of these Regulations, therefore, is to promote the health, safety, and welfare of the community by establishing rules and regulations governing the protection of trees and vegetation, in conjunction with encouraging the installation and/or proliferation of healthy trees in shrubs and appropriate locations and quantities. C. Administration. The Director of Planning and Zoning or designee shall have the authority to interpret and administer this article. D. Applicability. The provisions of this article shall apply to all real property in the city that is intended for development or redevelopment, and when such tree removal activity is initiated by the property owner or agent thereof. E. Exemptions. The protection standards and permitting processes of this article shall not apply to the following: 1. Single-Family Homes and Duplexes. Individually platted lots containing single-family homes and duplexes located within single-family and two-family residential zoning districts are exempt from the protection standards and permitting processes of this article, provided they do not contain specimen trees. Specimen trees shall be protected in accordance with Section 3.B. below. 1 Boynton Beach Code 2. Community Garden. All fruits, vegetables, nuts, and herbs shall be exempt from the provisions of this article with respect to those that are planted and growing on the premises in connection with a community garden and when approved by the city pursuant to a zoning permit or conditional use/site plan approval, whichever is applicable. 3. Nurseries and Tree Farms. All licensed plant or tree nurseries or tree farms shall be exempt from the provisions of this article only in relation to those trees planted and growing on the premises of such licensed business, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of such business. 4. Public Utility Agencies. Public utility agencies are authorized to remove existing trees that interfere with infrastructure located within easements or rights-of-way, or which otherwise endanger the safety and welfare of the public, without the requirement or need to obtain a city permit. 5. Emergencies. The provisions of this article may be waived by the Director of Development during a period of emergency, such as during a hurricane, tropical storm, flood, or any other Act of God. 6. Hazardous or Diseased Trees. No permit is required to remove hazardous or diseased trees, provided that the subject trees are removed under the supervision of a certified arborist in accordance with the standards of the International Society Arboriculture (ISA). F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. 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. (Ord. 10-025, passed 12-7-10) Sec. 2. City Approval Required. No plant material or vegetation shall be cut down, moved or removed, destroyed or effectively destroyed through damaging without first securing the necessary city approvals and permits as provided hereunder, except in instances when exempt from these Regulations in accordance with Section 1.E. above. The following processes and permits shall be available to ensure that all clearing and grubbing activities comply with the standards of this article: A. Private Property and Public Lands. The property owner or agent shall file the following applications prior to commencement of any of the aforementioned clearing and grubbing activities: 1. Site Plan Review. Except for individually platted lots containing single-family and duplex homes located within single-family and two-family residential zoning districts, the site plan review process shall be required and reviewed in accordance with the procedures set forth in Chapter 2, Article II, Section 2.F. prior to the issuance of any land development permit. For the purpose of this subsection, the term "site plan" is construed to include master site plan and technical site plan applications, and to ultimately mean the process by which a landscape plan is approved. The City Forester may require the submittal of a tree survey, tree management plan, Native Florida Ecosystem Survey or Inventory, or a combination thereof, as part of the site plan application, when determined necessary to identify specimen trees or to ensure compliance with the preservation efforts of Section 3.B. below. 2 Environmental Protection Standards 2. Land Development Permit. The land development permit process shall be required, and initiated only subsequent to the approval of a site plan (landscape plan) application, except in those instances when site plan review is not required. The land development permit application shall be processed in accordance with the procedures set forth in Chapter 2, Article III, Section 3. The City Forester may require the submittal of a tree survey, tree management plan, Native Florida Ecosystem Survey or Inventory, or a combination thereof, as part of the land development permit application, when determined necessary to identify specimen trees or to ensure compliance with the preservation efforts of Section 3.B. below. The issuance of a land development permit shall not relieve any party from obtaining the necessary permits which may be required by the various federal, state, or local government agencies. B. City Rights-of-Way. A right-of-way permit application shall be required for any proposal to remove plant material from a city right-of-way in accordance with the procedures set forth in Chapter 2, Article III, Section 4. The City Forester may require the submittal of a tree survey, tree management plan, Native Florida Ecosystem Survey or Inventory, or a combination thereof, as part of the city right-of-way permit application, when determined necessary to identify specimen trees or to ensure compliance with the preservation efforts of Section 3.B. below. (Ord. 10-025, passed 12-7-10) Sec. 3. Preservation Principles. A. High Ecological Importance. Areas that are considered to be of high ecological importance should be given highest priority for protection. These areas include but are not limited to the following: 1) have occurrences of federal and state listed species of flora and fauna; 2) have biological diversity; 3) located in aquifer recharge zones; and 4) known to inhabit threatened and endangered species of fauna and flora. Therefore, the following natural areas shall be protected as follows: B. Easements and Rights-of-Way. Utilities, stormwater easements and rights-of-way should avoid preserved areas. C. Contiguity. Areas set aside for preservation should be contiguous parcels of land that are interconnected and considered viable habitat for wildlife to the extent practical. Small fragmented areas of preservation should be avoided when possible. (Ord. 11-019, passed 8-2-11) Sec. 4. Standards. The following standards shall be considered in order to ensure the protection of existing vegetation: A. General. All proposed developments shall be designed to preserve, perpetuate, and improve the existing natural character of the site. Existing native trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state; and additional landscape features shall be provided to enhance architectural features, to relate structural design to the site, and to conceal unattractive uses. In all instances the city’s landscaping requirements and all other applicable regulations shall be fully complied with as minimum standards. No tree shall be removed from any city property, lands, public park, or any areas within a city right-of-way except in accordance with the provisions of this article. 2012 S-39 3 Boynton Beach Code High-quality areas placed in preservation shall be retained in entirety in their current or improved natural state, and protected in perpetuity regardless of ownership. This requirement may be negotiated to create contiguous preservation among plant communities. During the site plan review process, the applicant shall be required to prove that the highest ecologically valued land is being retained first. If the preservation of the highest ecological valued land produces undue burden on the development of the site, it shall be the applicant’s responsibility to prove such hardship and provide an acceptable alternative for approval. Rights-of-way and areas determined to be future rights-of-way in the Comprehensive Plan and utility or drainage easements shall not be allowed as designated set-aside areas. B. Preservation Efforts. 1. Beach Dunes. The natural vegetative cover on beach dunes shall be preserved in an undisturbed state of growth as a fragile ecosystem. No beach dune vegetation, grass, sea grape, and tree development shall be altered, removed, or changed except in accordance with federal, state, county, and local regulations. 2. Mangrove Areas. Well-documented scientific research has established that mangrove areas are the ecological base of the biological food chain for many important species, including some species of fish that are important for sport and commercial fishing. Mangrove trees, which are of considerable aesthetic value, also serve as protection against storm surge as well as provide a habitat/shelter for birds and other wildlife. For these reasons, land development and construction thereon, shall be conserved to the maximum extent possible and only altered in accordance with federal, state, county, and local regulations. 3. Specimen Tree Designation. The Director of Development may, by written request to the City Manager, recommend from time to time the official designation of certain trees located within the city as specimen trees. If the City Manager approves such recommendation, the matter shall be presented to the City Commission for final determination. The city shall notify by certified mail the affected property owner of the proposed hearing. The City Commission shall accept, modify or deny the staff recommendation. Any proposal to remove a specimen tree shall be mitigated in accordance with Section 2.C. below. 4. Environmentally Sensitive Lands. a. General. The purpose and intent of this section is to preserve and protect the values and functions of environmentally sensitive lands from alterations that would result in the loss of these lands or significant degradation of their values and functions. b. Applicability. This subsection applies to all properties that contain environmentally sensitive lands with an "A", "B", or "C" rating as pursuant to Table 2 of the Conservation Element of the Comprehensive Plan. c. Standards. The following standards shall promote the preservation of natural resource sites: (1) If the property proposed for development is greater than ten (10) acres, or is a portion of a larger tract containing ten (10) or more acres of environmentally sensitive lands designated as an "A" rated site, the developer shall be required to preserve a minimum of twenty-five percent (25%) of all native plant communities on the site in one (1) unified preserve. Habitat shall be preserved with intact canopy, understory and ground cover. 2012 S-39 4 Environmental Protection Standards (2) If the property proposed for development is greater than ten (10) acres and has been designated as a "B" or "C" rated site, the developer shall be required to preserve a minimum of twenty-five percent (25%) of all native plant communities on the site. The preserve areas may be separated into micro preserves. Habitat shall be preserved with intact canopy, understory and ground cover. (3) Natural resource sites identified in Table 2 of the Conservation Element of the Comprehensive Plan and that exceeds ten (10) acres shall be subject to the twenty-five percent (25%) preserve area set aside notwithstanding subdivision into smaller parts. (4) The specific location of the preservation area shall be determined during the review of a master plan or site plan. If no master plan or site plan is required, then such determination shall occur during the review of the proposed plat. The ultimate area to be preserved shall be indicated on the approved plan and any corresponding plat. In determining the most appropriate location for the preserve area within the site, the city shall consider factors, which include, but are not limited to the following: proximity of the preserve area to developed and undeveloped property; potential for immediate or future consolidation with environmentally sensitive lands on abutting properties; ability to maintain the preserve area based upon surrounding development and land uses; and the recommendations of staff or any consultants retained by the city. The preserve area shall be maintained in accordance with a city approved preserve area management plan. C. Mitigation of Existing Trees (Table 4-1 Mitigation of Existing Trees). All existing trees that are not preserved in place or relocated on-site shall be mitigated in connection with a land development permit. The equivalent replacement for existing trees shall be based on caliper dimension or type of tree as indicated in the table below: Type of Existing Tree Type of Replacement Tree Canopy Tree (< 24" Caliper) Canopy Tree (> 24" Caliper) Large Palm Tree1 Small & Medium Size Palm Trees Canopy Tree (< 24" Caliper) 1 tree2 1 tree2 2 trees 3 trees3 Canopy Tree (>24" Caliper) 1 tree2 1 tree2 4 trees 3 trees3 Large Palm Tree 1 tree 1 tree 1 tree 3 trees Small & Medium Size Palm Trees 1 tree 1 tree 1 tree 1 tree 1 Large palm trees are those species, such as Florida Royal, Canary Island Date, or any other palm species determined by staff to provide similar or greater shading compared to a canopy tree. 2 The cumulative caliper inches of existing trees to be removed shall be replaced on-site with an equal or greater number of caliper inches of a replacement canopy tree or trees. 3 A cluster of three (3) small or medium size palm trees shall be the equivalent replacement of one (1) canopy tree up to a size of 24 caliper inches. One additional cluster of palm trees shall be required for each increment of four (4) caliper inches (the common mathematical rule of rounding shall be used when tabulating partial increments). For canopy trees having a trunk size equal to or greater than 24 caliper inches, no more than 50% of the caliper inches of the replaced canopy tree shall be substituted with palm species. 2013 S-41 5 Boynton Beach Code D. Forestry Practices and Procedures. 1. General. The Director of Planning and Zoning or designee shall use "The Urban Forestry Manual (L)-Trees and Construction", United States Department of Agriculture Forest Service, 2005 edition or latest supplement thereof as the arboricultural standard when determining which forestry practice or procedure to apply when reviewing the following types of activities: 1) any proposal to relocate, replace, or remove trees that are subject to the standards and permitting processes of this article; 2) any proposal where the grade of the site is to be raised or lowered around an existing plant; 3) where ditching for utilities, foundations, swimming pools, driveways or the like will severely cut root systems; 4) where large paved areas will delete the water supply and aeration necessary for the life of the tree or shrub; or 5) where a change in the grade or drainage of development will seriously harm natural areas to be retained. 2. Land Clearing and Construction. a. Vegetation that is set aside for preservation shall be protected from all on-site construction. During the land clearing and construction stage of development, the developer shall erect and maintain protective barriers (to city requirements consistent with best management practices) around all trees or groups of trees to be protected. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the protective barrier. Removal or re-grading of soils within preservation areas is prohibited. Any damaged vegetation located within the set-aside areas shall be replaced with vegetation equivalent to the vegetation destroyed. b. During the construction stage of development, the developer shall not allow the cleaning of equipment or material within the drip line of any protected tree or groups of trees. Neither shall the developer allow the disposal of waste materials such as paint, oil solvents, asphalt, concrete, mortar, and the like within the drip line of any tree or groups of trees. c. No attachments or wires other than those of a protective nature shall be attached to any tree. d. If more than one (1) native terrestrial plant community is present on-site, areas representing all existing plant communities shall be preserved on-site unless preserving more of one (1) particular community is more ecologically beneficial. E. Seeding and Mulching. Properties shall be seeded with drought tolerant grass or other Florida-Friendly landscape material, and mulched within thirty (30) days after any clearing, grubbing, excavating, or filling activity, or prior to request for inspection to close out the land development permit, whichever occurs first, or subsequent to other major building demolition or site work. In the case where other site work is to occur and seeding and mulching will not be performed, the other site precautions, such as silt or erosion control fencing as deemed appropriate, protection of storm drains, etc., shall be immediately implemented. Staff shall inspect the seeded and mulched areas to ensure that adequate ground coverage has been obtained. Repeated seeding and mulching may be required until the satisfactory coverage is accomplished. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11; Am. Ord. 12-016, passed 10-2-12) 2013 S-41 6 Environmental Protection Standards Sec. 5. Hazardous or Diseased Trees. Any dying or dead tree the city determines poses a threat, hazard, or danger to the public shall be removed without delay by the property owner, without the need for obtaining a permit, provided the subject tree is removed under the supervision of a certified arborist in accordance with the standards of the International Society Arboriculture (ISA). This provision shall include diseased trees or those in a condition that could potentially contaminate other trees, such as the lethal yellowing of coconut palm trees. (Ord. 10-025, passed 12-7-10) Sec. 6. Prohibited Trees, Exotic, and Invasive Species. A. General. Plants classified as a Category I species on the current prohibited list published by the Florida Exotic Pest Plant Council (FLEPPC) are not allowed within the city. B. Tree Removal and Mitigation. Any tree classified as a prohibited species under this subsection shall be removed at the expense of the property owner prior to commencement of construction in accordance with the following: 1. Vacant and Undeveloped Property. a. Less than Two (2) Acres. If the parcel of property is less than two (2) acres, no permit or review by the city is required to remove the exotic tree species listed above. A courtesy inspection and identification of exotic species may be performed by staff, at no cost to the property owner, upon request of the property owner. b. Two (2) Acres or Greater. If the parcel of property is equal to or greater than two (2) acres, a land development permit shall be required in accordance with the procedures set forth in Chapter 2, Article III, Section 3 to remove exotic and invasive species, except where exempt under the provisions of Section 1.E. above. 2. Developed Property. On properties that have valid site plan (landscape plan) approval, no land development permit shall be required to remove exotic or invasive trees unless the subject trees were previously approved as part of, or contribute to landscape buffering, or to otherwise comply with the standards of Chapter 2, Article II, Landscape Design and Buffering Standards. In these instances, the removal of all such trees shall be subject to the mitigation requirements of Section 3.C. above at the expense of the property owner. For the purpose of this section, the term "site plan" is construed to include master site plan and technical site plan applications, and to ultimately mean the process by which a landscape plan is approved. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11) Sec. 7. Appeals. A. General. Any aggrieved person may appeal a decision of an administrative official in accordance with Chapter 1, Article VIII, Section 1. B. Environmentally Sensitive Lands. When appealing the provisions of Section 3.B.4. above, the appellant shall address the following: 2012 S-39 7 Boynton Beach Code 1. Whether the subject property is an environmentally sensitive land or contains endangered, threatened, and rear species and/or species of special concern in accordance with the definitions in Chapter 1, Article II; and 2. Whether the conditions placed on the development application are reasonable and represent sound environmental practices necessary to mitigate possible harmful impacts upon the subject property and are necessary in order to protect the health, safety, and welfare of the citizens of the city. (Ord. 10-025, passed 12-7-10) Sec. 8. Penalties. 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. In addition, the removal of each tree shall constitute a separate offense under this article. (Ord. 10-025, passed 12-7-10) 2012 S-39 8 Landscape Design and Buffering Standards ARTICLE II. LANDSCAPE DESIGN AND BUFFERING STANDARDS Sec. 1. General. A. Short Title. This article shall be known and may be cited as the "City Landscape Code." B. Purpose and Intent. It is the purpose of this article to protect and improve the appearance and character of the community by increasing the quality of landscaping visible from public or private streets and adjacent properties; to increase the durability of landscape material in order to withstand environmental hazards such as hurricanes; to conserve valuable energy and water; and to ensure the quality installation and maintenance of landscaping. The specific objectives of this article are as follows: 1. Appearance. To improve the aesthetic appearance of development through creative landscaping that helps to enhance the natural and built environment; 2. Environment. To improve the environment by maintaining permeable land area essential to surface water management and aquifer recharge; reducing and reversing air, noise, heat, and chemical pollution through the biological filtering capacities of trees and other vegetation; promoting energy conservation through the creation of shade; and reducing heat gain in or on buildings or paved surfaces; 3. Water Conservation. To promote water conservation by requiring the use of native and drought tolerant landscape material; promoting the use of water conserving irrigation practices; and requiring adherence to landscape installation standards and maintenance procedures that promote water conservation; 4. Preservation. To encourage the preservation and planting of native trees and vegetation as part of landscape design; 5. Compatibility. To improve compatibility of land uses through the strategic placement and quantity of landscape material; 6. Land Value. To maintain and increase the value of land by requiring landscaping that where installed and maintained properly, becomes a capital asset. 7. Human Value. To provide physical and psychological benefits to persons and to reduce noise and glare by softening the harsher visual aspect of development. C. Administration. The Director of Planning and Zoning or designee shall have the authority to interpret and administer this article. D. Applicability. The provisions of this article shall be considered the minimum standards and shall apply to new construction, major modifications to existing sites, and newly created landscaped areas where compliance with regulations does not decrease conformance with off-street parking regulations. E. Exemptions. The following are exempt from the permitting processes and standards of this article: 1. Single-Family and Duplex Dwelling Units. Single-family and duplex dwelling units located on individually platted lots within single-family or two-family residential zoning districts, notwithstanding 2012 S-39 1 Boynton Beach Code the cross-visibility and safe-sight regulations of Chapter 3, Article II, Section 6. For clarification, if a property was rezoned to a planned residential zoning district and developed with platted lots for single-family or duplex homes, all plant material installed or relocated within each lot shall be exempt from the standards and permitting processes of this article, unless such plant material was installed or relocated in connection with an approved landscape plan; 2. Off-Street Parking in Garages. Off-street parking and circulation areas located within enclosed parking structures; and 3. Miscellaneous. Public improvements, such as schools, parks, streets, and medians, having separate design requirements regulated by other agencies. The improvements should be designed to meet the intent of these standards without strict adherence thereto. F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein, including Florida-friendly landscaping principles. 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. H. Relief from Standards. Unless described otherwise, any deviation from the standards contained herein shall require approval of a variance application, which is subject to review and approval by the City Commission. A request for a variance shall be reviewed in accordance with Chapter 2, Article II, Section 4.D. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11) Sec. 2. City Approval Required. No landscape material or vegetation shall be installed, relocated, or removed without first securing the necessary city approvals and permits as provided hereunder, except in instances when exempt from these Regulations in accordance with Section 1.E. above. The following processes and permits are intended to ensure compliance with the standards of this article: A. Private Property and Public Lands. The property owner or agent shall file the following applications prior to commencement of any of the aforementioned installation and relocation activities: 1. Site Plan Review. The site plan review process shall be required and reviewed in accordance with the procedures set forth in Chapter 2, Article II, Section 2.F. prior to the issuance of any land development permit. For the purpose of this subsection, the term "site plan" is construed to include master site plan and technical site plan applications, and to ultimately mean the process by which a landscape plan is approved. The City Forester may require the submittal of a tree survey, tree management plan, irrigation plan, Native Florida Ecosystem Survey or Inventory, or combination thereof, as part of the site plan application, when determined necessary to identify specimen trees or to ensure compliance with the preservation efforts of Chapter 4, Article I, Section 4.B. 2012 S-39 2 Landscape Design and Buffering Standards 2. Land Development Permit. The land development permit process shall be required, and initiated only subsequent to the approval of a site plan (landscape plan) application, except in those instances when site plan review is not required. The land development permit shall be processed in accordance with the procedures set forth in Chapter 2, Article III, Section 3. The City Forester may require the submittal of a tree survey, tree management plan, irrigation plan, Native Florida Ecosystem Survey or Inventory, or combination thereof, as part of the land development permit application when determined necessary to identify specimen trees or to ensure compliance with the preservation efforts of Chapter 4, Article I, Section 4.B. The issuance of a land development permit shall not relieve any party from obtaining the necessary permits which may be required by the various federal, state, or local government agencies. B. City Rights-of-Way. A right-of-way permit application shall be required for any proposal to install or relocate plant material within a city right-of-way in accordance with the procedures set forth in Chapter 2, Article III, Section 4. (Ord. 10-025, passed 12-7-10) Sec. 3. Landscape Design Principles. The following design principles shall be applied in conjunction with the design and buffering standards of this article: A. Natural Landscapes. Landscape designs should preserve and enhance existing natural landscapes, specimen trees, and native vegetation. Where previous landscaping has dramatically altered natural landscapes, new designs should re-establish original landscape patterns and plantings. B. Composition. The quality of a landscape design is dependent not only on the quantity and selection of plant materials but also on how that material is arranged. Landscape materials should be arranged in a manner as to provide textured appearance and contrasting color through the use of a variety of plant materials. The three-dimensional form of the landscaping should be considered, so that the final design presents a coherent whole. C. Buffering and Screening. The use of natural landscape materials (trees, shrubs, hedges) is preferred over the sole use of human-made materials, such as buffer walls and fences, for buffering differing land uses, for providing a transition between abutting properties, and for screening the view of any parking, storage, or service areas visible from a public street or pedestrian area. D. Responsive to Local Character. Landscape designs should build on the unique physical characteristics of the site and general area, conserving and complementing existing natural features. Naturalistic design elements such as staggered plant spacing, undulating berm contours, and mixed proportions of plant species should be used to ensure that new landscaping blends in and contributes to the quality of the surrounding area. E. Use of Drought Resistant and Native Plants. Landscape designs should utilize drought tolerant plant materials to the maximum extent feasible. The use of drought-tolerant plants should enrich the existing landscape character, conserve water and energy, and provide as colorful and varied a visual appearance as plants that require more water. Landscape designs should feature native and/or related plant species, especially in areas adjacent to existing native vegetation, to take advantage of the unique natural character 2012 S-39 3 Boynton Beach Code and diversity of the region and the adaptability of native plants to local environmental conditions. Where feasible, the re-establishment of native habitats should be incorporated into the landscape design. Plant selection should be based on the plant’s adaptability to site conditions and existing native plant communities, particularly considering appropriate hardiness zones, soil type and moisture conditions, light, mature plant size, desired effect, color, and texture. Plant species that are drought-tolerant and freeze-tolerant are preferred. F. Continuity and Connection. Landscaping should be designed within the context of the surrounding area, provided that the landscaping is also consistent with these design principles. Whether the design intent and surrounding landscape is naturalistic or formal, plant materials and design should blend well with adjacent properties, particularly where property edges meet, to create a seamless and natural landscape. G. Enhancing Architecture. Landscape designs should be compatible with and enhance the architectural character, features, and scale of the buildings on-site, and help relate the building to the surrounding landscape. Major landscape elements should be designed to complement architectural elevations and rooflines, through color, texture, density, and form on both vertical and horizontal planes. H. Energy Conservation and Sustainable Design. Attention should be given to locating landscape elements in a manner that supports energy conservation. Large tree canopies should be utilized to provide daytime shading for buildings, reducing energy consumed for interior air conditioning. Landscape designs should also consider natural drainage features and the use of pervious surfaces and areas to minimize stormwater runoff. The use of pervious surfaces is preferred, therefore impervious surfaces and materials within landscaped areas should be limited to borders, sidewalks, step stones, and other similar materials. Gravel, river rock, shell and similar materials should be used minimally because they increase the need for herbicide use, have no habitat value, reflect rather than absorb heat, and do no produce oxygen like plants. Finally, the solar orientation of the project and its relationship to other properties should be considered as this may produce microclimate exposures (e.g., sun vs. shade, southern exposure vs. northern exposure, surrounded by heat-reflective surfaces, etc.). I. Quality Pedestrian Environment. Landscape designs should give special attention to ensure a safe and attractive pedestrian environment. In high activity areas, such as commercial and workplace settings, benches, kiosks, artwork, and other streetscape elements should be incorporated into landscape designs. Pedestrian access to sidewalks or buildings should be considered in all landscape designs, with special consideration of pedestrian sightlines, especially at crosswalks. J. Pesticide Management. 1. Generally. All applications of pesticides, including weed and feed products, for hire should be made in accordance with federal and state law and with the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries or latest supplement thereof. 2. Integrated Strategy. Property owners and managers are encouraged to use an Integrated Pest Management Strategy as currently recommended by the University of Florida Cooperative Extension Service Publications. K. Site Preparation, Maintenance, and Cutting. 1. Generally. Landscape maintenance for hire should be performed in accordance with recommendations in the Florida-Friendly Best Management Practices for Protection of Water Resources 2012 S-39 4 Landscape Design and Buffering Standards by the Green Industries. In no case should grass clippings, vegetative material, and/or vegetative debris either intentionally or accidently, be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. When mowing near a shoreline, direct the chute away from the water body. Riparian or littoral zone plants that do not require mowing or fertilization should be planted in these areas. 2. Shoreline Considerations. a. Grading and Design. Grading and design of property adjacent to bodies of water shall conform to federal, state, and city regulations, including but not limited to the use of berms and/or swales to intercept surface runoff of water and debris that may contain fertilizers or pesticides. b. Low Maintenance Zone. A voluntary six (6) foot low maintenance zone is recommended from any pond, stream, water course, lake, wetland, or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent city regulations apply, this principle does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material should be deposited or left remaining in this zone or water. Care should be taken to prevent the over-spray of aquatic weed products in this zone. c. Miscellaneous. Also refer to the Florida Department of Environmental Protection’s (FDEP) “Florida Waterfront Property Owners Guide” or the Florida Fish and Wildlife Conservation Commission’s “Invasive Plant Management Section.” Where water levels vary considerably, care must be taken in the selection of these plants. Mangrove trimming shall be performed in accordance with Florida Statutes. The Florida Waterfront Property Owners Guide should be referred to for additional information about Florida-Friendly shoreline practices. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11) Sec. 4. Standards. It is the objective of this section to provide landscaping standards tailored to distinct geographic areas of the city to ensure that the type, quantity, and size of required material is commensurate with the type, intensity, scale, and location of new development and particularly consistent with vehicular movement, streetscape design, pedestrian habits and routes, and design relationship between projects. The intent of these standards is to promote a landscape design pattern that is functional, practical, equitable, and creative. A. City-Wide Standards. The following standards shall apply to all properties in the city, except for those exempted in Section 1.E. of this article: 1. Native and Drought Tolerant Species. Plant materials to be used are limited to those classified as "low" and "medium" in the publication "Waterwise South Florida Landscapes," published by the South Florida Water Management District (SFWMD). The maximum extent possible, plant selection should emphasize waterwise or Florida-Friendly plants. 2. Prohibited Species. Plants classified as a Category I species on the current prohibited list published by the Florida Exotic Pest Plant Council (FLEPPC) is not allowed within the city. The initial eradication and ongoing removal of prohibited plant species that have become nuisances because of their tendency to disrupt or destroy native ecosystems is promoted herein. 2012 S-39 5 Boynton Beach Code 3. Plant Material. All plant materials used in conformance with provisions of this article shall conform to the Standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants", State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Sod shall be clean and reasonably free of weeds and noxious pests or diseases. a. Trees. The caliper of all trees, except for palms and those trees classified as a development's “signature tree” (see subparagraph (1) below) shall be a minimum of four (4) inches at the time of installation. The caliper shall be measured no higher than six (6) inches above the ground. No minimum caliper size is required for palm trees. However, palm trees shall have a minimum of six (6) feet of clear wood at the time of planting. (1) Signature Tree. A signature tree shall be installed at both sides of a development's entrance (ingress). The caliper of a development's signature tree shall be a minimum of one (1) inch at the time of installation. Signature trees, if sized with a caliper of less than four (4) inches at the time of installation, cannot count toward meeting the minimum number of trees required on-site. Signature trees include the following species: (a) Yellow Elder (Tecoma stans); (b) Bougainvillea (Bougainvillea); (c) Glaucous Cassia; (Cassia surattensis); and (d) Orange or White Geiger (Cordia sebestena or boissieri). (2) Species. The minimum number of different species of trees provided shall be as follows: (a) Table 4-2 Tree Species; 2013 S-41 6 Landscape Design and Buffering Standards Number of Trees Provided Number of Required Tree Species 1-5 1 6-10 2 11-30 3 31-60 4 61-100 5 101 and over 6 (b) Signature trees, if sized with a caliper of four (4) inches or greater at the time of installation, may count towards meeting the minimum number of required species of trees. The caliper shall be measured no higher than six (6) inches above the ground; and (c) Small and medium palm species, in a cluster of three (3) trees with varying heights, shall represent the equivalent of one (1) canopy tree or large palm tree. For the purposes of this subsection, large palm trees are those species, such as Florida Royal, Canary Island Date, or any other palm species determined by staff that has the same visual/shading effect as that of a canopy tree. (d) No more than 50% of required trees on a lot within commercial or mixed-use zoning districts shall be comprised of palm species. b. Shrubs and Hedges. Shrubs and hedges shall be planted a minimum of twenty-four (24) inches in height, twenty-four (24) inches in spread with tip-to-tip spacing measured immediately after planting to form a continuous opaque landscape barrier within one (1) year. The minimum hedge height may be reduced to eighteen (18) inches if planted in conjunction with a berm where the minimum combined height is thirty-six (36) inches. c. Vines. Vines shall be a minimum of two (2) feet in height, spaced five (5) feet apart immediately after planting. Vines may be used in conjunction with fences, screens and/or walls to contribute towards meeting physical screening requirements as specified. d. Lawn. While sod/turf areas have practical benefits in a landscape, the magnitude and location of the sod in a project represents the majority of a site’s irrigation needs. Irrigated sod/turf areas, as opposed to non-irrigated sod/turf areas are considered to be a high water use (hydrozone). Therefore, in all developments, including public and private parks, the use of sod/turf shall be restricted to park and open space areas intended for passive or active recreation purposes or when required for drainage and stormwater management (e.g., swales, retention, detention areas) when the use of other drought tolerant surface materials is not feasible. Sod/turf shall be installed such that it can be irrigated using separate zones. The intent is to promote sustainable landscaping design by reducing water consumption and unnecessary irrigation of small, strip, or remnant surfaces on a site. The use of drought tolerant plant material is preferred over the use of sod for those areas of a site. 4. Existing Plant Material. Existing healthy plant material, in part or in whole, may count toward required plant material if such use furthers the objectives of this article regarding preservation, water conservation, and beautification. 2013 S-41 7 Boynton Beach Code 5. Water Source. To conserve water, potable water is not to be used for irrigation purposes. Instead, alternative sources of water shall be used for irrigating landscaping materials such as well water, lakes, and/or reclaimed water where available and to be used in compliance with city and county regulations. Where ground water is not available of the quality necessary for irrigation purposes, and other preferable sources are not available, potable may be used in accordance with the following requirements: a. Approval is obtained from the Department of Utilities; b. The site irrigation system must be designed to only use a restricted number of gallons per month (water bill); c. The site irrigation system must be designed to automatically remove all established trees off watering at the end of year one (1); d. The site irrigation system must be designed for simple removal of all established trees on separate zones from watering at the end of the first year; e. All trees, shrubs, and plants (no sod) used in the site landscape design must be identified as having low watering needs in the South Florida Water Management District's "Waterwise" publication; and f. Landscape and irrigation improvements must be inspected annually for compliance with these requirements. 6. Irrigation. All landscaped areas shall be provided with an automatic water supply system as approved through a land development permit (see Chapter 2, Article III, Section 3). Irrigation systems shall be designed as follows: a. To provide the minimal water volume based on the particular watering needs of individual plant species; b. To consider soil, slope, and other site characteristics in order to minimize water waste, including overspray, the watering of impervious surfaces and other non-vegetative areas, and off-site runoff; c. To minimize free flow conditions in case of damage or other mechanical failure; d. To use the lowest quality water feasible. Reused water may be required in accordance with Chapter 26, Article VIII of Part II City Code of Ordinances if a main supply is within five hundred (500) feet of the site and permitted by the Palm Beach County Health Department; e. To include rain switches and other approved devices, such as soil moisture sensor controllers to prevent unnecessary irrigation; f. A recommended season operating schedule and average precipitation rates for each irrigation zone for both establishment and maintenance conditions shall be provided by the system controller; g. Provide the following minimum capabilities: 2013 S-41 8 Landscape Design and Buffering Standards (1) Programmable in minutes, by day of week, season, and time of day; (2) Ability to accommodate multiple start times and programs; (3) Automatic shutoff after adequate rainfall; (4) Ability to maintain time during power outages for a minimum of three (3) days; and (5) Operational flexibility to meet applicable year-round water conservation requirements and temporary water shortage restrictions. h. Precipitation rates for sprinklers and all other emitters in the same zone shall be matched, except that micoirrigation emitters may be specified to meet the requirements of the individual plants; i. To consider factors that maximizes uniformity such as: (1) Emitter types; (2) Head spacing; (3) Sprinkler pattern: and (4) Water pressure at the emitter. j. To correlate to the organization of each hydrozone. All plants requiring watering during establishment. Temporary facilities may be installed to facilitate establishment. Irrigation must be conducted in accordance with restrictions imposed by the South Florida Water Management District (SFWMD); k. To avoid irrigation during periods of sufficient soil moisture, automatic shut-off equipment with sensing devices shall be required and used; l. If the water supply for the irrigation system is from a well, a constant pressure flow control device or pressure tank with adequate capacity shall be required to minimize pump “cycling,” if there is a pressure switch in the design; m. Check valves must be installed at irrigation heads as needed to prevent low head drainage and puddling; n. Nozzle precipitation rates for all heads within each valve circuit must be matched to within twenty percent (20%) of one (1) another; o. No water spray from irrigation systems shall be applied under roof overhangs; p. Irrigated areas shall not be less than four (4) feet wide, except when next to contiguous property or using micro, drip, or spray irrigation; 2013 S-41 8A Boynton Beach Code q. A regular irrigation maintenance schedule shall include but not be limited to checking, adjusting, and repairing irrigation equipment; and resetting the automatic controller according to the season and inspected by the city; and r. To maintain the original performance and design integrity of the irrigation system, repair of the equipment shall be done with the originally specified materials or their equivalents. 7. Installation. All landscaping shall be installed in accordance with a land development permit and in a competent manner according to certified planting procedures with the quality of plant materials as hereinafter described. (All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements). a. Vehicular Encroachment. Landscaped areas shall require protection from vehicular encroachment by wheel stops, curbs, and/or decorative bollards. All landscaped areas with trees adjacent to sidewalks or vehicular use areas may require the use of root deflector products to prevent damage from root growth. All landscape areas containing trees and vegetation shall be first filled with city inspected clean fill (soil). b. Clean Fill. All planted areas on the site shall first be filled with clean fill to a depth of one (1) foot from the surface along the entire length of the green space, island, or landscape buffer. c. Inspection. The city shall inspect all clean fill, irrigation systems, and landscape improvements prior to installation. No temporary certificate of occupancy will be issued until the clean fill, irrigation, and landscaping improvements meet the requirements provided herein or the applicant submits surety for one hundred ten percent (110%) of the value of the incomplete clean fill/landscape/irrigation improvements. Surety will be released upon completion and inspection of incomplete improvements. 8. Mulch (Non-living Plantings). Mulch applied and maintained at appropriate depths promotes moisture retention, reduces weed growth, and prevents erosion. Mulch can be used in places where conditions are inadequate for or not conducive to growing quality ground covers. Mulches are typically wood bark chips, wood grindings. pine straws, nut shells, small gravel, and shredded landscape clippings. Planting areas, including those around individual trees shall be mulched to a minimum depth of three (3) inches at the time of inspection and maintained at this depth thereafter. Use of byproduct or recycled mulch is recommended; however, in no instance is cypress mulch allowed. All mulch material shall be free of seeds and weeds to prevent tree sprouting and regrowth. Plastic sheeting and other impervious materials shall not be used under mulched areas. Mulches should be kept at least six (6) inches away from any portion of a building or structure, or the trunks of trees. 9. Upland Buffer/Littoral Plantings. Lake and retention areas in excess of one-half (½) acre shall be planted to create a habitat that provides the optimal environment for upland and/or aquatic species. Lakes, ponds, and retention areas provided for new construction or major modifications of existing projects shall be planted as follows: a. To occupy a minimum of fifty percent (50%) of lake perimeter with littoral plantings; b. To occupy a minimum of fifty percent (50%) of lake perimeter with upland plantings contiguous with the littoral plantings; 2013 S-41 8B Landscape Design and Buffering Standards c. To consist of a minimum of ten (10) square feet of littoral shelf per one (1) linear foot of shoreline, using five (5) different native plant species (littoral plantings); d. To consist of a minimum of one (1) native tree, twenty-five (25) native shrubs using two (2) species, and ten (10) native ferns and groundcover plant species (upland plantings); and e. All vegetation installed contiguous, at a minimum of three to one (3:1) slope, one hundred percent (100%) appropriate native vegetation, installed with proper spacing for full coverage of littoral shelf areas within one (1) year. All littoral and upland plantings established consistent with these standards shall be installed, maintained, and reported quarterly to the Director of Planning and Zoning or designee for a period of two (2) years by a natural areas certified contractor in accordance with a management plan approved by the city at the time of site plan approval or permitting. 10. Landscaping within Easements. All easement locations and specific types of easement shall be identified on the landscape plan. Easements may overlap a required landscape strip or perimeter buffer by a maximum of five (5) feet. However, detention/retention areas, drainage easements, and sloped directional swales greater than one (1) foot below finished grade, shall not be located in or overlap required landscaped areas, unless otherwise approved in writing by the City Engineer and the Director of Development, or their designee. Where the conflict between easements and landscape strips or perimeter buffers is unavoidable, the strips and buffers may be separated from the property boundary by the easement, if all requirements and objectives for screening/buffering are met. Shrub and tree selections shall be based on root characteristics and size restrictions as described in "Waterwise", a publication of the South Florida Water Management District, and in "Plant the Right Tree in the Right Place," as published by the Florida Power & Light Company. a. All trees planted in or in close proximity to an easement shall be installed consistent with the Engineering Design Handbook and Construction Standards for Landscaping, Irrigation, and Lighting. b. Landscape strips and buffers shall be required to extend a minimum of five (5) feet beyond the easement for planting the largest canopy tree possible as allowed by FPL and city standards. If a buffer wall with a continuous footer is used, a minimum of ten (10) feet outside of the easement for planting is required. c. The abutting easement shall be entirely planted with shrubs and trees according to a design similar to the adjoining or overlapping landscape strip or buffer. d. Roots and branches of trees shall not impact existing underground or overhead utilities and infrastructure. Trees planted in close proximity to easements shall be the largest possible and selected to avoid aggressive root systems. Root barriers shall be required to protect nearby underground infrastructure and parking lots and curbing. 2013 S-41 8C Boynton Beach Code 8D Landscape Design and Buffering Standards e. Trees shall be maintained so that the mature tree canopy is a minimum of ten (10) feet from overhead lines. 11. Landscaping within Rights-of-Way. a. General. Landscaping may be planted within public rights-of-way, subject to review and approval of the Forestry and Grounds Manager. No person may plant, remove, destroy, prune, set out, break, cut, deface or in any way injure or interfere with any tree, shrub, or similar plant on any street or alley, or upon property owned or maintained by the city, without first obtaining a public right-of-way permit pursuant to Chapter 2, Article III, Section 4. b. Relief from Standards. Any deviation from the standards of this subparagraph would require a waiver, which is subject to review and approval of the City Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2, Article III, Section 5. c. Standards. Limited non-invasive planting may be allowed in swales and/or rights-of-way subject to the following conditions: (1) Sod may be placed in public swale areas provided that such sod or grass is not permitted to grow to a height in excess of six (6) inches; (2) Trees may be permitted within swale areas and medians but must be high enough so as to provide an eight (8)-foot clearance between the lowest hanging branch or leaf and the existing grade; (3) All landscape work within the public right-of-way shall be consistent with Florida Department of Transportation and Palm Beach County regulations, where applicable, and must conform to the latest edition of the Public Works Department Forestry and Grounds Manual and the Engineering Design Handbook and Construction Standards for Landscaping, Irrigation & Lighting (Volume II) or latest supplement thereof; (4) Planting cannot significantly interfere with maintenance of existing utilities; (5) If planting is allowed and installed within swales and/or rights-of-way, the adjacent property owner assumes total responsibility for repairing/ restoring the swale/right-of-way to its original condition if the swale/right-of-way is disturbed for installation and/or repair of utilities either already in place or constructed in the future. The property owner also assumes the maintenance responsibility for the swale/right-of-way. (6) Also see Section 4.B.5. below for additional "streetscape design" requirements. 12. Landscaping within Off-Street Parking Lots. The intent of this subsection is to encourage landscape design that will facilitate the optimal growth of hardy trees, prevent future damage to off- street parking areas from tree root systems, and to enhance and screen off-street parking areas. Off-street parking and vehicular use areas shall include landscape islands designed as follows: a. Required Landscaping. Off-street parking areas, excluding those spaces located within parking garages, shall have at least twenty-five (25) square feet of parking lot landscape islands (e.g., green space) per parking space, including those on-street parking spaces allowed in accordance with Chapter 4, Article V, Section 4.C.; 9 Boynton Beach Code b. Tree Size and Type. Parking lot landscape islands shall be designed to correspond with the size and growing characteristics of the intended tree species. Types of required trees exclude palm species, and tree sizes proposed within each island shall directly correspond with the size descriptions included in the South Florida Water Management District publication, "Waterwise"; c. Large Islands. Landscape islands sized greater than two hundred twenty-four (224) square feet in area are defined as "large islands" and shall not be less than fifteen (15) feet in width in any dimension. Each large island shall contain a minimum of one (1) tree, classified as a large tree (see paragraph b. above for description of a large tree). A minimum of seventy-five percent (75%) of the landscape islands shall be large islands within developments that are required to have up to two hundred forty-nine (249) parking spaces. A minimum of eighty-five percent (85%) of the landscape islands shall be large islands within developments that are required to provide two hundred fifty (250) or more parking spaces; d. Small Islands. The remaining required green space within off-street parking areas shall be allocated to "small islands", which are defined as landscape islands sized at least one hundred fifty (150) square feet in area and no less than ten (10) feet in width in any dimension. Each small island shall contain one (1) tree classified as a "small" tree; e. Plantings. All landscape islands shall be entirely planted with shrub species; f. Cross Visibility. All plant material proposed within each landscape island shall maintain unobstructed cross-visibility at a level between thirty (30) inches and eight (8) feet above pavement to avoid traffic hazards. Canopy or palm trees shall not have limbs and/or foliage that extend into this cross-visibility area. Plant selection should be based on the growing characteristics as described in the publication "Waterwise" to best conform to the visibility requirements stated above and to allow for proper maintenance without degrading the quality and appearance of established plant species; and g. Lighting. Lighting fixtures within off-street parking areas shall be strategically located to avoid future conflicts with mature tree canopies. h. Entrances/Exits. Design emphasis shall be given to the entrances and exits to parking areas through the use of landscaping unless otherwise determined by staff to be contrary to the design objectives and principles of this article and/or Chapter 4, Article III. 13. Maintenance. a. General. The property owner shall be responsible for the maintenance of all irrigation and landscaping which shall be maintained in a certified condition so as to present a healthy, neat, and orderly appearance free from refuse and debris. All newly landscaped properties shall receive an initial clean fill/landscape/irrigation inspection and thereafter a semi-annual inspection for compliance with these Regulations. All conflicts between landscape improvements and site signage, parking lot light fixtures, or vehicular safety movements will be corrected as part of the semi-annual inspection process. b. International Arborist Association (IAA) Standards. All plantings, including trees, must not be trimmed or sheared of foliage during the first growing year and must be maintained to continue the buffering/screening objective of these Regulations. All existing and newly installed trees must 2013 S-41 10 Landscape Design and Buffering Standards be trimmed under the supervision of a certified arborist in accordance with the standards of the International Arborist Association (IAA). All existing and newly installed materials not pruned in accordance with the IAA standards must be removed and replaced on the site. The total diameter inches of the new trees must equal the total number of diameter inches of the improperly pruned tree(s). Any trees removed in violation with these Regulations will be replaced in compliance with this section. Site maintenance shall not alter screening or barrier below the intended requirements of these Regulations. c. Appearance and Maintenance. Also see City Code of Ordinances Part II, Chapter 15, Article IX, Section 15-120 for minimum standards regarding general appearance and maintenance of landscaping on public and private property. 14. Cross-Visibility and Safe-Sight. The purpose of this subparagraph is to promote the creative and efficient design of landscaped areas within off-street parking areas and other vehicular use areas, or near rights-of-way. The intent is to create functional and quality pervious surfaces for drainage/storm water management, in conjunction with increasing the visual enhancement of off-street parking areas. Landscape design shall provide safe and unobstructed views for pedestrians and motorists moving throughout the project: a. Visibility at Corners of Rights-of-Way. Landscape material, within a triangular-shaped area of property formed by the intersection of two (2) rights-of-way, shall maintain unobstructed cross-visibility at a level between thirty (30) inches and eight (8) feet above the pavement to avoid traffic hazards pursuant to Chapter 4, Article VIII, Section 3.C.4.u. Canopy or palm trees shall not have limbs and/or foliage that extend into this cross-visibility area. Landscape material, except low growing shrubs, shall be located at least three (3) feet from the edge of a sidewalk. The size of this triangular-shaped area shall be designed in accordance with the Engineering Design Handbook and Construction Standards. b. Driveway Openings along Rights-of-Way. Landscaping on both sides of each project entrance along rights-of-way shall contain a signature tree in accordance with Section 4.A.3.a.(1) above and a minimum of two (2) colorful and/or flowering shrub species (three (3) different species if sufficient space is available). Design emphasis shall be placed on clear understory and low-growing or dwarf varieties of landscape material with a maximum height of thirty (30) inches, in order to comply with visual obstruction regulations (see Engineering Design Handbook and Construction Standards and Chapter 4, Article VIII, Section 3.C.4.u.). The plant material required in this subparagraph may also count towards meeting the minimum requirements for landscape strips abutting rights-of-way (see Section 4.B.2. and Section 4.C.2. below). c. Driveway Openings (and Cross-Access) Between Properties. Landscaping on each side of a driveway opening that connects abutting properties shall be designed with an emphasis on clear understory with low-growing or dwarf varieties of plant material. All plant material proposed shall maintain unobstructed cross-visibility at a level between thirty (30) inches and eight (8) feet above pavement. Canopy or palm trees shall be trimmed up eight (8) feet so that limbs and/or foliage does not create a traffic hazard. 15. Raised Planters. Raised planters shall be allowed, contingent upon the following: a. A minimum setback of three (3) feet is required from all property lines; b. No planter shall exceed a maximum height of six (6) feet; 2013 S-41 11 Boynton Beach Code c. All planters shall contain clean fill; and d. Planters shall be located to comply with cross-visibility and safe sight regulations of Section 3.A.14. above. 16. Maximum Height of Hedges. The maximum height of hedges shall be eight (8) feet above finished grade, except as described below: a. Multi-Family and Townhouse Developments. Hedges shall be a maximum of six (6) feet in height when located within landscape strips abutting rights-of-way for all developments that have less than four hundred (400) feet of frontage on typical city streets. However, the maximum height of hedges (located within the landscape strip abutting rights-of-way) may be increased to eight (8) feet when in compliance with the following: (1) The street frontage of the development is at least four hundred (400) feet in length; (2) The development has no more than one (1) parking lot driveway opening or access point along said street frontage; and (3) The placement of the hedge shall not cause any traffic line-of-sight obstruction and must comply with the visibility requirements of Chapter 4, Article VIII, Section 3.C.4.u., “Visual Obstructions of Intersections”. b. Miscellaneous. Where adjacent to golf courses, golf driving ranges, Interstate 95, railroad rights-of-way, along property lines where residential abuts commercial or industrial uses, and along property lines where residential abuts parks (public or private): ten (10) feet, other than within the front yard setback. 17. Soils. Existing horticulturally suitable topsoil shall be stockpiled to be equal to two times (2x) the amount of top soil needed for that particular site, and re-spread during final site grading. Any new soil required shall be similar to the existing soil in pH, texture, permeability, and other characteristic, unless convincing evidence is provided that a different type of soil amendment is justified. The use of solid waste compost as a soil amendment is encouraged where it is appropriate. 18. Pesticides. When using pesticides, all label instructions of federal and state law must be adhered to. 19. Crime Prevention Through Environmental Design (CPTED). See Chapter 4, Article III, Section 5.B. for additional regulations regarding landscaping and CPTED guidelines. 20. Non-Conforming Lots. All developed or redeveloped lots zoned M-1 or C-4 and determined to be valid nonconforming lots relative to minimum lot area standards shall provide landscaping on-site that meets the intent of the urban landscape code of Section 4.B below to the maximum extent feasible. 2013 S-41 12 Landscape Design and Buffering Standards B. Urban Landscape Code. 1. General. a. Applicability. The “urban landscape code” shall apply to all properties currently zoned central business district (CBD), any properties located within the mixed use (urban) districts (see Chapter 3, Article III, Section 5), the infill planned unit development (IPUD) district (see Chapter 3, Article III, Section 2.G.), or any commercially-zoned properties located within the Urban Commercial District Overlay Zone (see Chapter 3, Article III, Section 8). All developed or redeveloped lots zoned M-1 or C-4 and determined to be valid nonconforming lots relative to minimum lot area standards shall provide landscaping on-site that meets the intent of the urban landscape code to the maximum extent feasible. b. General Rules. Properties which are not subject to the urban landscape code shall be regulated in accordance with the “suburban landscape code,” pursuant to Section 4.C. below. 2. Landscape Strip Abutting Rights-of-Way. A landscape strip (e.g., planted area) shall be required within the front and side corner yards of a property where it abuts a road right-of-way. The strip shall be removed of all construction debris and backfilled with clean fill to a depth of one (1) foot. The requirements for this strip vary, depending upon the location of buildings, off-street parking, and vehicular use areas. The location of off-street parking lots and vehicular use areas are discouraged within the front and side corner yards. Their preferred locations are behind buildings and structures to allow for screening from public and private streets (see subparagraph c. below). However, there are certain instances where this type of design is impractical or unfeasible. In such circumstances, it is the intent of these Regulations to require a landscape strip that is entirely planted and comprised of two (2) layers, namely an inside and outside portion, designed as follows: 2013 S-41 12A Boynton Beach Code 12B Landscape Design and Buffering Standards a. Off-Street Parking Areas Abutting Roadways. The landscape strip, intended to screen off-street parking lots located within front and side corner yards, shall be at least seven (7) feet in width and comply with the following: (1) The inside portion of the landscape strip shall consist of a continuous hedge, installed at a minimum of twenty-four (24) inches in height above finished grade and one (1) tree spaced a maximum of twenty-five (25) feet apart. A berm is optional. Tree spacing may be modified by factors such as the location of utility poles, driveway openings, cross-visibility, and safe-sight requirements. However, tree spacing may be reduced for vehicle-intensive or other unsightly areas; (2) The remaining outside portion of a landscape strip shall consist of a minimum of three (3) shrub species, two (2) of which shall be flowering species, planted in continuous rows or clusters. Plant selection and planting patterns that optimize the display of plant texture and color are encouraged; (3) In no case shall vehicles be allowed to protrude into the strip (see Chapter 4, Article VI, Section 3.B.7.); and (4) Vehicular access points along the abutting right-of-way shall comply with Section 4.A.14.b. above. (5) See Section 6.J. for additional regulations regarding the required width of the landscape strip abutting the right-of-way for large non-residential (big box) developments. b. Vehicular Use Areas (Other than Off-Street Parking) Abutting Roadways. The landscape strip intended to screen other vehicular use areas, located within front and side corner yards shall be designed as follows: (1) Each landscape strip shall be a minimum of five (5) feet in width; (2) Each landscape strip shall consist of a continuous hedge, installed at a minimum of twenty-four (24) inches in height above finished grade and one (1) tree spaced a maximum of twenty-five (25) feet apart. Tree spacing may be modified by factors such as the location of utility poles, driveway openings, cross-visibility, and safe-sight requirements. However, tree spacing may be reduced for vehicle-intensive or other unsightly areas; (3) In no case shall vehicles be allowed to encroach or protrude into or over the strip (see Chapter 4, Article VI, Section 3.B.7.); and (4) Vehicular access points along the abutting rights-of-way shall comply with Section 4.A.14.b. above. c. Buildings or Structures Abutting Roadways. This subparagraph represents the preferred site design in urban areas where building setbacks are reduced along front and side corner property lines and off-street parking and vehicular use areas are not visible from abutting rights-of-way. In such circumstances, a landscape strip is required but only in the absence of buildings, structures, pedestrian areas, and sidewalks. When a landscape strip is provided, it shall be of varying width and designed as follows: 13 Boynton Beach Code (1) Foundation landscaping and trees shall be installed within the reduced building setback areas, between the building(s) and property line(s). Tree spacing may be modified by factors such as the location of utility poles, driveway openings, cross-visibility, and safe-sight requirements. However, tree spacing may be reduced for vehicle-intensive or other unsightly areas; Where practical, areas in front of buildings shall be enhanced with colorful plants or flower containers containing blooming annuals or perennials; (2) Trees are not required in areas where awnings or canopies encroach or protrude into the landscape strip. However, an alternative means of providing landscaping, such as foundation plantings and/or potted plants shall be required; (3) Tree species within the landscape strip shall be consistent with the established theme of the street where appropriate. The Planning and Zoning Division shall coordinate with the Engineering Division of Public Works regarding the species, caliper size, and quantity of trees; (4) Trees and plant material within the landscape strip shall not impede pedestrian movement on nearby sidewalks; (5) Tree guards, fabricated to city specifications, shall be placed adjacent to the curb, where feasible. Tree guards are to protect street trees (those located within the right-of-way) and trees planted within the landscape strip abutting the right-of-way; (6) The City Engineer shall review and approve all street trees and plant material proposed within the sidewalk areas of abutting rights-of-way. All plant material shall be installed in accordance with the Engineering Design Handbook and Construction Standards for Landscaping, Irrigation, and Lighting. Trees normally required within the landscape strip may not be necessary if street trees located within the abutting sidewalk meet the intent of this section; and (7) See "Streetscape Design" in Section 4.B.5. below for additional regulations. d. Certificate of Conformity. All lots subject to eminent domain proceedings must provide landscape material within landscape strips abutting rights-of-way in conformance with Chapter 3, Article V, Section 11.G.4. 3. Perimeter Landscape Buffers. a. General. Perimeter landscape buffers, where required, shall be provided along side interior and rear property lines. The type of landscape buffer required may vary upon the zoning districts, uses, densities, intensities, and building height(s) of the subject property and abutting and/or adjacent property. The requirement for perimeter landscape buffers along front and side corner property lines shall be met through the provision of a "landscape strip" along street rights-of-way pursuant to Section 4.B.2. above. b. Performance Standards. Required landscape buffers shall meet the following performance standards: 14 Landscape Design and Buffering Standards (1) Appropriate screening and buffering will be required. (2) Such screening must shield neighboring properties from any adverse effects of the proposed development. (3) Screening and buffering is intended to shield the proposed development from the negative impacts of adjacent uses. (4) Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properties from parking areas and driveways. c. Design Standards. Perimeter landscape buffers shall be applied and designed as follows: (1) Table 4-3. Urban Landscape Buffer (Type 1). Urban Landscape Buffer (Type 1)* Description: Required along the perimeter of off-street parking lots where parking areas are not separated from side interior or rear property lines by an intervening building or structure, in order to provide a visual screen of at least three (3) feet in height, comprised of trees, and shrubs. Requirements: 1. Minimum buffer width of five (5) feet; 2. One (1) tree spaced every thirty (30) linear feet on center; 3. Shrubs planted tip-to-tip to provide a continuous hedge three (3) feet in height; and 4. * See (4) Notes below for additional regulations. 2013 S-41 15 Boynton Beach Code (2) Table 4-4. Urban Landscape Buffer (Type 2). Urban Landscape Buffer (Type 2)* Description: Required between residential projects with contrasting densities or between incompatible zoning districts, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of trees, hedges, and shrubs, in combination with a buffer wall. Requirements: 1. Minimum buffer width of twelve (12) to fifteen (15) feet, depending on degree of incompatibility, mulched (no sod); 2. One (1) tree spaced every twenty (20) to thirty (30) linear feet on center, depending on degree of incompatibility; 3. A continuous hedge of three (3) feet in height located on the outside of buffer wall; 4. A six (6)-foot tall masonry buffer wall; and 5. * See (4) Notes below for additional regulations. 2013 S-41 16 Landscape Design and Buffering Standards (3) Table 4-5. Urban Landscape Barrier. Urban Landscape Barrier* Description: Required between incompatible uses and zoning districts; or where there are differences in density, intensity, or building heights; or for those certain uses requiring additional screening in order to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and/or berm. Requirements: 1. Minimum buffer width variable, depending on degree of incompatibility and necessary planting area, mulched (no sod); 2. One (1) tree spaced every twenty (20) linear feet or less, with staggered understory trees between, as needed to provide opaque screening; 3. Two (2) staggered rows of shrubs as needed to provide opaque screening; 4. An optional six (6)-foot tall masonry (concrete block) buffer wall and/or a berm (earthen embankment) with a minimum 3:1 slope may be used with plantings to achieve the necessary screening height; and 5. * See (4) Notes below for additional regulations. (4) Notes. * Minimum buffer and barrier requirements, including caliper of trees, may be increased as warranted by development characteristics such as use, density, intensity, or building height; to mitigate impacts upon abutting or adjacent properties; or to further the beautification objectives of this article. Also, buffer requirements may be decreased due to existing buffers and screening on abutting or adjacent properties, or when projects are designed for interconnectivity, unified control, or master planned. Refer to the use matrix, 2013 S-41 17 Boynton Beach Code notes, and restrictions (Chapter 3, Article IV, Section. 3.E.) for additional landscape requirements that may apply to certain specific uses. d. Exceptions (Cross Access). The landscape buffer requirements may be fully or partially waived where accommodating existing or future shared vehicular use areas, driveways (access), and/or parking stalls between properties. Vehicular access points between properties shall comply with the cross-visibility and safe sight requirements of Section 4.A.14. above where shared parking and vehicular use areas are utilized. e. Along Florida East Coast Railroad. Properties adjacent to the F.E.C. Railroad right-of-way are required to have a landscape buffer along the right-of-way. The landscape buffer shall meet the following minimum requirements: (1) Landscaped buffer shall be at least five (5) feet wide. (2) Living plant materials shall cover at least seventy percent (70%) of the required landscaped area, and shall include trees, shrubs and ground cover, but not sod. (3) Small trees shall be planted no greater than fifteen (15) feet on center along the landscape buffer. (4) Shrubs shall be planted to form a continuous dense screen hedge. The shrubs shall be maintained to grow to their full natural height. (5) Shade trees shall be planted no closer than twenty (20) feet to the railroad right-of-way or as otherwise required by the authority having jurisdiction over the railroad right-of-way. f. Miscellaneous. No vehicles may encroach or protrude into the required landscape buffer (see Chapter 4, Article VI, Section 3.B.7.). 4. Interior Open Space. See usable open space requirements of the infill planned unit development (IPUD) zoning district in Chapter 3, Article III, Section 2.G. 5. Streetscape Design. The "Urban Landscape Code" contains special landscape standards related to streetscape design. a. Applicability. This subparagraph shall apply to the following: (1) All properties currently zoned central business district (CBD); (2) Any property located within the mixed use (urban) districts (see Chapter 3, Article III, Section 5); (3) Any property located within the Ocean Avenue Overlay Zone (see Chapter 3, Article III, Section 8.D.); (4) Any commercially-zoned property located within the Urban Commercial District Overlay Zone (see Chapter 3, Article III, Section 8); 2013 S-41 18 Landscape Design and Buffering Standards (5) Any property zoned infill planned unit development (IPUD) with frontage along Federal Highway (US1). b. General Rules. The "streetscape" is generally considered to be the area located within the reduced building setback area in front and side corner yards in conjunction with the sidewalk area within abutting rights-of-way. Therefore, streetscape design encompasses both the private and the public domain. Trees located within sidewalk areas of public and/or private rights-of-way are considered "street trees." c. Standards. The following standards are applicable to streetscape design and landscape material must comply with the following: (1) Trees. All new construction shall include shade trees in the streetscape. The trees selected shall be consistent with the established theme of the street, where appropriate. Trunks shall be a minimum four (4)-inch caliper and provide eight (8) feet of vertical clearance for cross-visibility and safe sight requirements. In instances where canopies or overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. 2011 S-37 18A Boynton Beach Code 18B Landscape Design and Buffering Standards (2) Tree Spacing. Trees shall be regularly spaced between twenty (20) - twenty-five (25) feet on center. Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at corners or by corner conditions. Tree placement shall match the existing pattern, where appropriate. Tree guards, fabricated to city specifications, shall be placed adjacent to the curb, where feasible. (3) Flower Containers. Where practical, areas in front of buildings shall be enhanced with colorful plants or flower containers containing blooming annuals or perennials. Window boxes and entry walk plantings shall be incorporated into the overall landscape design theme. See Section 6.B. for additional regulations regarding foundation landscaping areas. (4) Any property owner requesting a change of use would be required to meet the minimum landscape requirements to the maximum extent feasible. Where deficiencies occur, other methods of landscaping (e.g., landscape cut-outs; planter pots; hanging baskets; etc.) shall be incorporated into the design. d. Miscellaneous. The landscape material proposed within the right-of-way must comply with Section 4.A.11. above (within rights-of-way) and with cross visibility and safe sight requirements of Section 4.A.14. above and Chapter 3, Article II, Section 6. C. Suburban Landscape Code. 1. General. a. Applicability. The "suburban landscape code" shall apply to all properties that have a conventional or planned residential, commercial, industrial, or miscellaneous zoning district, and including the suburban mixed-use (SMU) district, all of which are identified in Chapter 3, Article III of these Regulations. 2011 S-37 19 Boynton Beach Code b. General Rules. All areas used for the outdoor display and/or parking of vehicles, boats, construction equipment, or the like shall conform to the minimum landscaping requirements as provided herein. This includes vehicle-intensive uses, such as auto dealers and automotive repair. 2. Landscape Strip Abutting Rights-of-Way. A landscape strip (i.e. planted area) shall be required within the front and side corner yards of a property where it abuts a road right-of-way, in order to beautify the corridor and screen off-street parking lots and other vehicular use areas. The strip shall be removed of all construction debris and backfilled with clean fill to a depth of one (1) foot. The requirements for this strip vary, depending upon the abutting roadway classification and the location of off-street parking lots or vehicular use areas. However, in no case shall vehicles be allowed to protrude into or over the strip (see Chapter 4, Article VI, Section 3.B.7.). It is the intent of these Regulations that this strip of land be entirely planted and designed with two (2) layers of plant material, namely an inside and outside portion, and in accordance with one (1) or more of the following requirements: a. Parking/Vehicular Use Areas Abutting Arterial or Collector Roadways. This landscape strip shall be at least ten (10) feet in width or wider as necessary to provide adequate screening. 20 Landscape Design and Buffering Standards (1) The inside portion of the landscape strip shall include a berm, designed at a slope of three to one (3:1), and a continuous hedge. The berm and hedge shall total a minimum of thirty-six (36) inches in height at the time of planting, but in no instance shall the hedge material be installed at less than eighteen (18) inches in height. One (1) tree shall be planted at a maximum spacing of thirty (30) feet apart. Tree spacing may be reduced for vehicle-intensive or other unsightly areas; (2) The remaining outside portion of a landscape strip shall consist of a minimum of three (3) shrub species, two (2) of which shall be flowering species, planted in continuous rows or clusters. Plant selection and planting patterns that optimize the display of plant texture and color are encouraged; and (3) Visibility and clear sight at the vehicular access points along the abutting right-of-way shall comply with Section 4.A.14.b. above. (4) See Section 6.J. for additional regulations regarding the required width of the landscape strip abutting the right-of-way for large non-residential (big box) developments. b. Parking/Vehicular Use Areas Abutting Streets other than Arterial or Collector Roadways. The landscape strip, intended to screen off-street parking lots and other vehicular use areas located within front and side corner yards, shall be at least seven (7) feet in width and designed as follows: (1) The inside portion shall consist of a continuous hedge, installed at a minimum of twenty-four (24) inches in height above finished grade and one (1) tree spaced a maximum of thirty (30) feet apart. A berm is optional. Tree spacing may be reduced for vehicle-intensive or other unsightly areas; (2) The remaining outside portion shall consist of a minimum of three (3) shrub species, two (2) of which shall be flowering species, planted in continuous rows or clusters. Plant selection and planting patterns that optimize the display of plant texture and color are encouraged; and (3) Visibility and clear sight at the access points along the abutting right-of-way shall comply with Section 4.A.14.b. above. (4) See Section 6.J. for additional regulations regarding the required width of the landscape strip abutting the right-of-way for large non-residential (big box) developments. c. Buildings or Structures Abutting Roadways. A landscape strip of varying width shall be required where building(s), pedestrian areas, and/or sidewalks abut any classification of roadway. This necessary planting strip shall consist of trees, spaced a maximum of thirty (30) feet apart, and shrubs and colorful ground cover installed at the base. The "inside" and "outside" portions of the landscape strip as described in Section 4.C.2.a. or Section 4.C.2.b. are not required under these circumstances. However, landscape material and planting patterns shall be consistent with the landscape strip required as noted in the sections above and also with foundation planting requirements of Section 4.F. Landscape material, except low growing shrubs, shall be located at least three (3) feet from the edge of a sidewalk. 21 Boynton Beach Code d. Certificate of Conformity. All lots subject to eminent domain proceedings must provide landscape material within landscape strips abutting rights-of-way in conformance with Chapter 3, Article V, Section 11.G.4. 3. Perimeter Landscape Buffers. a. General. Perimeter landscape buffers, where required, shall be provided along side interior and rear property lines. The type of landscape buffer required may vary upon the zoning districts, uses, densities, intensities, and building height(s) of the subject property and abutting and/or adjacent property. The requirement for perimeter landscape buffers along front and side corner property lines shall be met through the provision of a "landscape strip" along street rights-of-way pursuant to Section 4.C.2. above. b. Standards. Perimeter landscape buffers shall be applied and designed as follows: (1) Table 4-6. Suburban Landscape Buffer (Type 1). Suburban Landscape Buffer (Type 1)* Description: Required between compatible uses and similar zoning districts, such as a commercial use abutting a commercial zoning district, to provide a visual screen of at least three (3) feet in height comprised of trees, and shrubs. Requirements: 1. Minimum buffer width of five (5) feet; 2. One (1) tree spaced every thirty (30) linear feet on center; 3. Shrubs planted tip-to-tip to provide a continuous hedge three (3) feet in height; and 4. * See (5) Notes below for additional regulations. 2013 S-41 22 Landscape Design and Buffering Standards (2) Table 4-7. Suburban Landscape Buffer (Type 2). Suburban Landscape Buffer (Type 2)* Description: Required between incompatible uses and zoning districts, such as a commercial or industrial use abutting a residential zoning district, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of trees, hedges, and shrubs, in combination with a buffer wall. Requirements: 1. Minimum buffer width of twelve (12) to fifteen (15) feet, depending on degree of incompatibility, mulched (no sod); 2. One (1) tree spaced every twenty (20) to thirty (30) linear feet on center, depending on degree of incompatibility; 3. A continuous hedge of three (3) feet in height located on the outside of buffer wall; 4. A six (6)-foot tall masonry buffer wall; and 5. * See (5) Notes below for additional regulations. 2013 S-41 23 Boynton Beach Code (3) Table 4-8. Suburban Landscape Buffer (Type 3). Suburban Landscape Buffer (Type 3)* Description: Required around perimeter property lines of a planned commercial development (PCD) when abutting a single-family residential zoning district; and required for suburban mixed use (SMU) and planned industrial development (PID) zoning districts, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of trees, hedges, and shrubs in combination with a buffer wall. Requirements: 1. Minimum buffer width of twenty-five (25) to forty (40) feet, depending on degree of incompatibility, mulched (no sod); 2. One (1) tree spaced every twenty (20) linear feet on center; 3. A continuous hedge of three (3) feet in height on outside of buffer wall; 4. A six (6)-foot tall masonry buffer wall (optional for PID); and 5. * See (5) Notes below for additional regulations. 2013 S-41 24 Landscape Design and Buffering Standards (4) Table 4-9. Suburban Landscape Barrier. Suburban Landscape Barrier* Description: Required between incompatible uses and zoning districts; or where there are differences in density, intensity, or building heights; or for those certain uses requiring additional screening in order to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and/or berm. Requirements: 1. Minimum buffer width varies, depending on degree of incompatibility and necessary planting area, mulched (no sod); 2. One (1) tree spaced every twenty (20) linear feet or less, with staggered understory trees between, as needed to provide opaque screening; 3. Two (2) staggered rows of shrubs as needed to provide opaque screening; 4. An optional six (6)-foot tall masonry (concrete block) buffer wall and/or a berm (earthen embankment) with a minimum three to one (3:1) slope may be used with plantings to achieve the necessary screening height; and 5. * See (5) Notes below for additional regulations. (5) Notes. *Minimum buffer and barrier requirements, including caliper of trees, may be increased as warranted by development characteristics such as use, density, intensity, or building height; to mitigate impacts upon abutting or adjacent properties; or to further the beautification objectives of this article. Also, buffer requirements may be decreased due to existing buffers and screening on abutting or adjacent properties, or when projects are designed for interconnectivity, unified control, or master planned. Refer to the use matrix, notes, and restrictions (Chapter 3, Article IV, Section 3.E.) for additional landscape requirements that may apply to certain specific uses. 2013 S-41 25 Boynton Beach Code c. Exceptions (Cross Access). The landscape buffer requirements may be fully or partially waived where accommodating existing or future shared vehicular use areas, driveways (access), and/or parking stalls between properties. d. Along Florida East Coast Railroad. Properties adjacent to the F.E.C. Railroad right-of-way are required to have a landscape buffer along the right-of-way. The landscape buffer shall meet the following minimum requirements: (1) Landscaped buffer shall be at least five (5) feet wide. (2) Living plant materials shall cover at least seventy percent (70%) of the required landscaped area, and shall include trees, shrubs and ground cover, but not sod. (3) Small trees shall be planted no greater than fifteen (15) feet on center along the landscape buffer. (4) Shrubs shall be planted to form a continuous dense screen hedge. The shrubs shall be maintained to grow to their full natural height. (5) Shade trees shall be planted no closer than twenty (20) feet to the railroad right-of-way or as otherwise required by the authority having jurisdiction over the railroad right-of-way. e. Miscellaneous. No vehicles may encroach or protrude into the required landscape buffer (see Chapter 4, Article VI, Section 3.B.7.). 4. Interior Open Space. Adequate landscaped open space shall be provided to meet the particular needs and demands of each development. The type and distribution of all open space shall be determined by the character, intensity and anticipated residential or user composition of the corresponding development. a. Multi-family and Planned Developments. Landscaped open space shall be provided to meet the particular needs of the subject development. The provision and design of such open space shall be a factor of project size, density, and anticipated user composition of the development. It is the intent of this subparagraph to require pervious space within common areas that enhances development with a combination of passive or open play areas, and areas with cooler micro-climates created by extensive tree canopies, cool ground surfaces, and proper building massing and orientation for air flow. In addition to the landscaping required by other sections of this article, the following requirements specifically apply to multi-family developments, town homes and planned developments, such as within a PUD or SMU district: (1) The project shall include one (1) tree for every one thousand, four hundred (1,400) square feet (or fraction thereof) of developed areas as represented by principal and accessory buildings. Trees required along street frontages shall not count toward this requirement. However, credit shall be given toward this requirement for those trees that are preserved on-site and deemed healthy by staff or a certified arborist. The use of canopy trees should be emphasized in order to maximize shading; (2) Except for recreational settings for open-play and areas used principally for drainage and storm water management purposes, the use of sod should be replaced with fully planted areas, and mulch or alternative natural covers such as pine needles from the concentration of slash 26 Landscape Design and Buffering Standards pine trees or comparable species. Hard surfaces used in these areas should be avoided, except for the minimal use of pavers or other pervious, or partially-pervious materials; and (3) Larger open areas should be located central within the project, to minimize distance to all units. The open areas can be designed in conjunction with active play areas such as swimming pools and hard court game areas; however, such impervious areas shall not count towards this requirement for interior open space. b. SMU Suburban Mixed Use District. See usable open space requirements of the suburban mixed use (SMU) district in Chapter 3, Article III, Section 4. c. PID Planned Industrial District. Each development shall contain a minimum of twenty percent (20%) unobstructed, non-vehicular open space. Areas designed to meet this requirement shall have adequate grading and drainage, and shall be continuously maintained in a dust-free condition by suitable landscaping with trees and shrubs. Preserved or re-established natural landscaped areas or habitats within a PID may count towards this open space requirement without having to meet the requirements regarding grading, drainage, and dust-free condition. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 11-019, passed 8-2-11; Am. Ord. 12-016, passed 10-2-12) Sec. 5. Alternate Compliance. A. General. Unique conditions associated with individual sites may justify the review and approval of alternative landscape designs that do not specifically comply with the landscaping requirements of this article. A different design proposal may offer superior results or maximum achievement of the city's objectives which can only be accommodated through the provisions and requirements of this section. This section allows alternate landscape designs that may deviate from the standards of this article that regard, but are not limited to, plant species and spacing, and the locations and widths of landscaping buffers and strips. 1. Purpose and Intent. Alternative compliance is intended to allow for flexibility in landscape design in order to consider unique site characteristics and adjacent uses; maximize preservation of natural amenities; and to accommodate current desirable trends in landscape design and plant selection, and creative design techniques. 2. Administration. The Director of Planning and Zoning or designee shall have the authority to coordinate, interpret, and administer this section. 3. Applicability. Any application for site plan approval may be eligible for alternate compliance pursuant to the alternative landscape plan (ALP). 4. Nonconforming Lots. All developed or redeveloped lots zoned M-1 or C-4 and determined to be valid nonconforming lots relative to minimum lot area standards shall provide landscaping on-site that meets the intent of the urban landscape code of Section 4.B above to the maximum extent feasible. An Alternative Landscape Plan (ALP) may be utilized to consider spatial limitations, limited visibility by the general public, and use characteristics of the subject and adjacent properties. Landscape design should emphasize canopy trees along the perimeter of the site with hedge and groundcover plantings only required between the building and any street right-of-way. However, lots with a side corner yard abutting an improved right-of-way and those abutting residentially zoned property will be required to 2013 S-41 27 Boynton Beach Code screen off-street parking and storage areas with understory plantings in addition to the canopy trees (the need for understory plantings may be eliminated if adequate buffering is achieved with an enhanced buffer wall, or where a wall would limit access and prevent proper maintenance of landscaping materials). On lots abutting the Florida East Coast (FEC) Railroad right-of-way, landscaping in accordance with the provisions of Chapter 4, Article II, Section 4.B.3.c shall be provided. Where deficiencies occur due to site constraints, other methods of landscaping (e.g., landscape cut-outs, planter pots, hanging baskets, etc.) may also be incorporated into the design to achieve site buffering as intended by City standards. B. Alternative Landscape Plan (ALP). An ALP must meet the following general requirements: 1. General Requirements. a. The contents and minimum information required on the ALP shall be in compliance with a "standard" landscape plan pursuant to Chapter 2, Article II, Section 2.F. b. The ALP shall include a narrative and any supporting documentation that clearly details and demonstrates compliance with the purpose and intent of Section 1 and the landscape design principles of Section 2 of this article. c. An ALP may be submitted in order to provide a variety of plant materials in excess of the minimum requirements with a greater degree of compatibility with surrounding uses than a standard landscape plan. 2. Review Criteria. a. Unique Characteristics. An ALP shall only be accepted for review if in compliance with the purpose and intent of this section. b. Meets or Exceeds Minimum Standards. The ALP exceeds the minimum standards and furthers the design principles of this article. c. Consistency and Compatibility. The proposed ALP is consistent with desirable landscaping materials and designs on adjacent projects. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12) Sec. 6. Community Design. A. General. 1. Purpose and Intent. The purpose of this section is to provide additional landscaping necessary to further the design objectives and principles of this article. 2. Administration. The Director of Planning and Zoning or designee shall have the authority to coordinate, interpret, and administer this section. 3. Applicability. The provisions of this section shall apply to all new construction and major modifications to existing sites, excluding single-family and duplex dwelling units on individually platted 2013 S-41 28 Landscape Design and Buffering Standards lots within single-family or two-family residential districts. This section shall not apply to newly created landscaped areas where compliance with regulations does not decrease conformance with parking regulations. 4. Relief from Standards. Any deviation from these landscape standards shall require a community design appeal (CDPA), which is subject to review and approval by the City Commission. A request for a CDPA shall be reviewed in accordance with Chapter 2, Article II, Section 4.B. B. Foundation Landscaping Areas. 1. Applicability. The requirement for foundation landscaping areas (shrubs and trees) shall apply to all front and side elevations of multi-family residential and non-residential buildings. These provisions are expanded to include rear elevations where buildings are visible from adjacent rights-of-way, residential zoning districts, or where otherwise recommended by staff. 2. Rules. Foundation landscaping areas are not required in those particular locations within a site where vehicular use areas or pedestrian/covered walkways would conflict (i.e in front of loading docks, underneath covered walkways, within streetscape design). 3. Standards. a. Maximum Distance from Façade. Foundation landscaping areas shall be planted abutting the building façade. It may be placed within separate planter areas, a maximum of fifteen (15) feet from the building wall provided that the added distance allows for the accommodation of enhanced pedestrian features and/or allows greater space for the planting of trees that will exceed the minimum specifications of the landscape code. b. Minimum Width. Foundation landscaping areas shall be installed within a strip of land not less than five (5) feet in width, unless designed as part of the streetscape design (see Section 4.B.5. above). For large non-residential (big box) buildings greater than forty thousand (40,000) square feet in size, the location and dimensions of the foundation landscaping area shall be designed as follows: (1) Building façades less than forty-five (45) feet in height: The foundation landscaping area along the front and side façades shall be at least fifteen (15) feet in width or fifty percent (50%) of the façade height, whichever is greater. (2) Building façades forty-five (45) feet in height or greater: The foundation landscaping area along the front and side façades shall be proportional to the size and growing characteristics of intended plants and tree species, as promoted by the objectives of this article. c. Shrubs. Foundation landscaping shall consist of shrubs installed in a continuous row or within ten (10)-foot wide clusters spaced a maximum of fifteen (15) feet apart. The selection of shrub species should be compatible with the required plantings of perimeter landscape buffers and landscape strips along the abutting rights-of-way. d. Trees. Tree sizes within foundation landscape strips shall be proportional to building heights and massing; planted no less than one-half (½) the building height when buildings are forty-five 2013 S-41 29 Boynton Beach Code (45) feet in height or less. For large non-residential (big box) buildings greater than forty thousand (40,000) square feet in size, the following shall apply: (1) At least fifty percent (50%) of the required trees within the foundation landscaping area shall be a minimum two-thirds (2/3) of the height of the building. (2) One (1) canopy tree or a cluster of three (3) palm trees shall be installed within the foundation planting area every twenty (20) feet on center along each façade. Canopy and palm trees shall be distributed along the entire façade where foundation landscaping areas are required. 4. Miscellaneous. Sidewalks may traverse through the foundation landscaping areas. However, the width of the sidewalk can be no wider than fifty percent (50%) of the required foundation landscaping area or seven and one-half (7-½) feet, whichever is greater. In addition, the minimum width of the area to be planted must be maintained in accordance with the standards of Section 5.B.3. above. C. Plazas. Plazas shall contain paved, open, and landscaped areas. At least one (1) tree shall be planted for each nine hundred (900) square feet of plaza area. Shade trees shall be planted within the plaza area or along the periphery. See Chapter 4, Article III, Section 7. for additional regulations regarding plazas and open space. D. Drive-through Facilities. Pursuant to Chapter 4, Article III, Section 3.J., drive-through facilities shall not be allowed on any building façade that directly faces a public or private right-of-way. Landscape material may be used to provide additional screening to ensure that said facilities, located on eligible building façades, are not visible from abutting properties or rights-of-way (pubic and private). This landscape screen shall consist of trees, shrubs, a berm, or a combination thereof, necessary to achieve the desired buffering effect. E. Service Areas. Additional screening is required where off-street unloading and loading areas are visible from abutting/adjacent rights-of-way or residential properties. Such screening is comprised of shrub and tree species possessing dense foliage and planted of a size to form an opaque screen. F. Mechanical Equipment. If feasible, all above ground mechanical equipment such as exterior utility boxes, meters, and transformers shall be visually screened. Back-flow preventers shall be painted to match the principal structure. See Chapter 4, Article III, Section 3.I. for additional regulations regarding the screening of mechanical equipment. G. Dumpster Enclosure. All dumpsters and recycling receptacles are required to be screened in accordance with Chapter 4, Article VI, Section 4.C. Landscape material shall be installed along three (3) sides of the enclosure walls at a minimum of one-half (1/2) the wall height at time of planting. However, within industrial developments, the landscape material may be unnecessary where the dumpster enclosure is located within the vehicular use/loading areas and not visible from adjacent road rights-of-way. Also see enclosure wall requirements Chapter 4, Article VI, Section 4.C. H. Lift Stations. The walls of an enclosure containing a lift station shall have landscape material planted around the perimeter, at a minimum of one-half (1/2) the wall height at time of planting. 2013 S-41 30 Landscape Design and Buffering Standards I. Base of Signs. The base of a sign shall be enhanced with a minimum of two (2) colorful shrub species, selected for entrance compatibility not less than two (2) feet in width and placed around no fewer than three (3) sides. The appropriate selection of species and design shall ensure visibility to low monument signs at plant maturity. Landscaping of signs within plazas and shopping centers shall also include a minimum of one (1) signature tree. Annuals and other flower species may supplement but not substitute the required shrub plantings. J. Landscape Standards for Specific Uses. 1. Exterior (Outdoor) Storage. Outdoor storage areas, including where boat repair is allowed, shall be entirely screened from public and private rights-of-way and adjacent properties by a landscape "barrier". Landscape barrier requirements include a landscape strip containing a six (6)-foot tall buffer wall, trees of varying heights, and shrubs planted tip-to-tip. The buffer wall is not required where the subject property abuts the light industrial (M-1) zoning district. A taller wall (up to eight (8) feet in height) and a berm may be recommended in order to achieve the desired screening effect. Less planting requirements may be allowed depending on the lack of visibility, or based on the adjacent uses and/or zoning districts. See additional regulations regarding the exterior storage of merchandise in supplemental zoning regulations pursuant to Chapter 3, Article V, Section 8. 2. Wireless Communication Facilities (WCF). At minimum, a WCF shall require an urban landscape buffer (Type 1) or suburban landscape buffer (Type 1), whichever is applicable. 3. Group B Satellite Dish Antennae. All Group B satellite dish antennae shall be screened on three (3) sides with landscape materials. If a buffer wall is used for screening purposes, shrubs or other species shall be planted along the base of the wall for visual enhancement. 4. Large Non-Residential (Big Box) Development Regulations. If more than fifty percent (50%) of the required off-street (surface) parking is located between the building and a public street, with no intervening buildings that screen the view into the parking area, the landscape strip abutting the right-of-way shall be a minimum of twenty-five (25) feet in width, including a minimum three (3) foot high berm. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12) Sec. 7. Penalties. 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. (Ord. 10-025, passed 12-7-10) 2013 S-41 31 Boynton Beach Code 32 Exterior Building and Site Design Standards ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS Sec. 1. General. A. Purpose and Intent. The purpose and intent of this article is to provide important community design standards to ensure that the site layout, design, building orientation, materials, and appearance of new development or redevelopment promotes an exterior design pattern that is functional, practical, equitable, creative, of an aesthetic quality, and furthers the objectives of this section and design principles of Section 2. Through enforcement of this article, the local appointed and elected officials shall determine the basic aesthetic character to be achieved in the development of the community. The specific objectives of this article are as follows: 1. Sense of Place. Create a sense of permanence and place by promoting development which respects and contributes to the positive image of the city as a whole; 2. Focal Points. Establish visual interest through landmarks or focal points near major intersections, points of interest, activity nodes, and/or prominent gateways to the city; 3. Versatility. Allow for buildings to be adaptively reused without the need for extensive remodeling or demolition, by designing them according to classic architectural styles and principles, as opposed to unique corporate themes, images, marketing strategies, or "disposable" prototypes; 4. Desirability. Sustain the comfort, health, tranquility, and contentment of residents and attract new residents by contributing to a desirable built environment; 5. Property Value. Minimize incompatible surroundings and visual blight which prevent orderly community development and reduce community property values; 6. Amenities. Encourage and promote development with amenities and various types of structures that provide comfort, recreation, aesthetics, and protection from the elements; 7. Sense of Community. Foster civic pride and community spirit by maximizing the positive contribution of development to community attractions, gathering places, and streetscape; and 8. Sustainability. To promote sustainable or "green" building practices that conserve energy, water and other natural resources, preserve local and global environmental quality, strengthen the local economy, promote human health and safety, create higher quality enduring structures, and offer cost reductions in maintenance, solid waste disposal, and energy. B. Administration. The Director of Planning and Zoning shall have the authority to interpret and administer this article. C. Applicability. The provisions of this article shall apply to all new construction, major modifications to existing sites in connection with site plan review (Chapter 2, Article II, Section 2.F.), and minor modifications to building or site elements that are regulated by this article, excluding those buildings and site improvements exempted in Section 1.D. below. D. Exemptions. The following building and site improvements shall be exempt from the standards of this article: 1 Boynton Beach Code 1. Interior renovations to existing buildings and structures; 2. Construction of a single-family or duplex dwelling unit on an individually platted lot within single-family or two-family residential districts; and 3. Buildings exempt from local building permits or government review pursuant to State of Florida or federal statutes. 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. The regulations and provisions of this article shall be interpreted to represent the minimum requirements adopted for the protection and promotion of the public health, safety, comfort, convenience, order, appearance, prosperity, or general welfare. 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. H. Relief from Standards. Any deviation from the exterior building and site design standards contained herein requires the approval of a community design appeal application, which is subject to review and approval by the City Commission. All applications shall be reviewed in accordance with Chapter 2, Article II, Section 4.B. (Ord. 10-025, passed 12-7-10) Sec. 2. Design Principles. This article is intended to promote imagination, innovation, and variety by focusing on design principles and encouraging creative solutions which serve the following purposes: A. Efficiency and Safety. The design and layout of the proposed development, as well as all new and existing buildings should provide an efficient arrangement of land uses. Particular attention should be given to safety, crime prevention, relationship to the surrounding neighborhood, impact on abutting and adjacent properties, pedestrian sight lines and view corridors. B. Compatibility. Buildings, structures and site elements are not required to match surrounding existing developments, but should be in visual harmony with surrounding developments. Likewise, buildings or structures located on separate parcels or part of a present or future multi-building complex, should achieve visual unity of character and design concepts through the relationship of building style, texture, color, materials, form, scale, proportion, and location. Additions and expansions should be designed, sited, and massed in a manner which is sensitive to and compatible with the existing improvement(s). When a distinct development or architectural style exists within a surrounding two (2) block area, consistency or compatibility with that style should be encouraged. The proportions and relationships of the various architectural components of the buildings should be utilized to ensure compatibility with the scale of other development in the vicinity. The buildings should not detract from or dominate the surrounding area. 2 Exterior Building and Site Design Standards Design of projects should be tailored to the specific site and take into consideration the protection and enhancement of natural features adjacent to the site as an element in the overall design. C. Building Location and Appearance. All buildings and structures should be located and designed in such a manner as to enhance, rather than detract from, the overall quality of the site and its immediate environment. 1. Location. a. Buildings should be designed and sited to fully utilize the site and avoid unusable or inaccessible open space or parking spaces. b. Siting and orientation of buildings must consider the pedestrian and/or vehicular nature of the street on which it is located. 2. Appearance. a. All façades of a building that face or are visible from public or private streets should be designed to be as attractive in appearance as the front of the building. Likewise, building façades exposed to internal parking areas or adjacent residential or commercial properties should be visually attractive through the use of a combination of roof design, architectural detail, or recessed wall lines, and landscaping. b. Building design of non-residential uses located within single-family and two-family residential zoning districts should be consistent with surrounding residential styles. 3. Human Scale. All building designs should achieve a sense of human scale through use of insets, balconies, window projections and other building elements in the design of a structure. All portions of a project fronting a street or sidewalk should incorporate an architecturally appropriate amount of transparency at the first level of commercial and mixed-use developments in order to achieve pedestrian compatibility and adequate visual interest. D. Sustainable Development. All developers are encouraged to incorporate the applicable provisions of the United States Green Building Council (USGBC), Florida Green Building Coalition (FGBC) standards, or better, for green buildings and developments. (Ord. 10-025, passed 12-7-10) 3 Boynton Beach Code Sec. 3. General Design Standards for Exterior Buildings. Building design approval shall be based on the use of the structure, its relationship to the site, and its compatibility with the surrounding natural and built environment. All buildings, structures, and site improvements required under this section shall comply with the following community design standards: A. Architectural Enhancements. Facade articulation adds architectural interest and variety to the massing of a building and prevents a plain, monotonous facades. A variety of features must be incorporated into the design of the buildings to provide sufficient articulation of the facades. This may be achieved by incorporating the use of vertical and/or horizontal reveals, stepbacks, modulation, projections, roof detailing, and three dimensional details between surface planes to create shadow lines and break up flat surface areas. A minimum of three (3) of the following architectural enhancements or other similar treatments shall be integrated into all applicable building facades to avoid the appearance of a blank wall: 1. Columns or pilasters; 2. Decorative cornices; 3. Horizontal banding; 4. Arches; 5. Decorative vents or louvers; 6. Moldings and trims; 7. Decorative shutters; 8. Bay windows; 9. Faux windows; 10. Art elements; and 11. Canopies, balconies, overhangs, and other horizontal projections. In addition, multi-story buildings shall incorporate these design features in conjunction with the architectural enhancements listed above within this subsection. B. Exterior Treatment and Finishes. Exterior building finishes shall be limited to: 1. Brick or brick veneer; 2. Stone or stone veneer; 3. Stucco; and 4. Split face (accent only), pre-formed, or textured masonry block. 2013 S-41 4 Exterior Building and Site Design Standards C. Symbols. Buildings, which are of symbolic design for reasons of advertising, unless otherwise consistent with the criteria herein, shall not be allowed. All permanent outdoor identification features which are intended to call attention to a proposed development and/or structures shall be designed and located in such a manner as to be an integral part of the development. D. Building Paint Color(s). 1. Purpose and Intent. The purpose of this subparagraph is to enhance the unique architectural environment of the City by establishing general standards for the choice of colors for the exterior surfaces of buildings and structures, including courtyards accessible to the public. 2. Applicability. The painting of all public and private development, but not limited to, new buildings, structures, additions, alterations, roof tiles or roof finishes, and the repainting of existing buildings and structures. This subparagraph also includes the reflectance, tinting, and coloration of glass on the elevations of a building or structure. 3. Standards. a. A minimum combination of three (3) complimentary building colors shall be used for each development. Painted surfaces include the wall, trim, and accents. b. Color(s) shall be compatible with the surrounding area and used to complement the development; c. Paint color should be used to highlight architectural forms and details but not to create them. Architectural murals may be appropriate for a particular building and may be considered on a case-by-case basis; d. When a non-residential building contains more than one (1) storefront, the building colors shall not be different to distinguish between each storefront; and e. Stone or tile surfaces shall not be painted unless complimentary to the development. E. Awnings and Canopies. The following design standards shall be applied to awning and canopies within all districts: 1. Function. Awnings shall be of adequate height and depth to provide protection to pedestrian from the elements and used in a manner that accentuates architectural features and embellishments; and 2. Size. The size of an awning should be proportional to the scale of the host building and the surrounding streetscape. 3. Appearance and Color. a. The appearance and color(s) of awnings shall enhance the overall design of the building and be compatible with the selected building material(s) and color(s); and 2013 S-41 5 Boynton Beach Code b. All awnings shall incorporate uniformity in their design (including valances). Scalloped valances may be permitted provided that their appearance and color is compatible with the type and shape of awning being used as well as with the architecture and materials of the building. c. No awnings, valances, or support structures (including signage attached thereto) shall be internally-illuminated or backlit. 4. Miscellaneous. a. Within Right-of-Way. Awnings may extend over a public sidewalk within a right-of-way. The applicant shall obtain all necessary approvals and permits for those canopies or awnings that extend into the public right-of-way, prior to the issuance of a permit. b. Maintenance. See Section 11 below for additional regulations regarding the maintenance of awnings and canopies. F. Monotony Restrictions. In order to enhance a desired character or appearance and to promote a variety of architectural structures, project may be required to include a diversity of floor plans and/or elevations, or a variety of residential housing models and/or architectural styles, including but not limited to floor plans, elevations, building scale, building massing, building proportion, architectural trim and architectural details, within a development. For example, the City may require any number of different floor plans of a particular architectural style within a development, and may require as a condition of approval that a certain number of lots on either side or on the same side of the street be constructed with any number of different floor plans or housing model types. For purposes of this section, "monotonous" means houses with identical floor plans or elevations. See Section 10.A.3 below for additional monotony restrictions for wall and fences. G. Overhead Doors. Due to the high degree of visibility of buildings located on Hypoluxo Road, Miner Road, Congress Avenue, Lawrence Road, Gateway Boulevard, Quantum Lakes Drive, Old Boynton Road, Knuth Road, Woolbright Road, Boynton Beach Boulevard, Winchester Park Boulevard, High Ridge Road, Seacrest Boulevard, Golf Road, Ocean Avenue, Federal Highway, Old Dixie Highway, N.E. 10th Avenue and S.E. 36th Avenue, which include entrances to the City, the following exterior design requirements apply: 1. Overhead doors shall not be located on a building facade(s) visible from any of the above public or private rights-of-way; and 2. Building facades that are visible from any of the roadways listed above shall be designed in such a manner as to enhance and disguise the appearance of a warehouse and/or service area. H. Downspouts. External downspouts shall be enclosed within the building structure on any building elevation visible from areas within the property accessible by the public, from adjoining properties within the same master development (including drive aisles and parking facilities), and from public rights-of-way. Downspout enclosures shall be incorporated into the design of the building and be complimentary to architecture. For example, downspouts may be enclosed in columns or pilasters if such features are used elsewhere on the building, or are consistent with the building's architectural style. I. Mechanical Equipment. Lack of or inadequate screening of mechanical equipment can have negative visual impacts on the City's streetscape, ambient landscape, or community image. Mechanical equipment 2013 S-41 6 Exterior Building and Site Design Standards can further negatively impact the surrounding properties because of the noise that may be produced. Such impacts shall be minimized through compliance with the following requirements: 1. Rooftop. Rooftops will be treated as part of the building elevation. Buildings shall have an appropriate and fully integrated rooftop architectural treatment which substantially screens all mechanical equipment, stairs, and elevator towers. All rooftop equipment must be completely screened from view at a minimum distance of 600 feet. Where feasible, rooftop mechanical equipment shall be located within the area of the roof surface that is farthest away from adjacent residential uses or residential zoned property. 2. At-Grade. Exterior utility boxes, meters, transformers, etc. shall be screened from public view either by a buffer wall in accordance with Chapter 3, Article V, or by a continuous vegetative buffer as required by Chapter 4, Article II. The intent is to create an opaque barrier constructed of compatible materials matching the building in color, or its equivalent in the form of landscaping, to a height at least equal to the highest point of the equipment. Structural screening shall be architecturally integrated into the overall project design and shall be compatible, in terms of style, construction materials, colors, and finish, with the principal structure(s). Where feasible, on site mechanical equipment shall be located as far away from adjacent residential uses or residential-zoned property as is feasible. J. Drive-Through Facilities and/or Walk-up Windows. Walk-up windows and drive-through facilities shall not be allowed on any building facade that directly fronts on a public or private right-of-way. On eligible building facades (sides and/or rear) the following design standards are required where windows for drive-through facilities are proposed: 1. The building facade shall have windows that occupy no less than 25% of the facade and that are located at the pedestrian level. A maximum of 10% of this 25% may be non-transparent windows. 2. The building facade shall be modulated and divided into smaller identifiable pieces to articulate the plane of the facade. 3. The building facade shall have at least one offset having a pitched roof. 4. Additional landscaping for the screening of drive-through facilities is required in accordance with Chapter 4, Article II, Section 6.D. (Ord. 12-016, passed 10-2-12) Sec. 4. Design Standards for Multi-family and Non-Residential Uses Adjacent to Single-Family Residential Zoning Districts. A. General. 1. Purpose and Intent. These standards are intended to protect lower intensity land uses from higher intensity land uses by requiring the higher intensity land uses to be designed and maintained to reduce impacts upon the lower intensity land uses through appropriate project orientation, additional setbacks for taller structures and recreational facilities, compatible architectural treatments, and proper location and orientation of signs and lights. 2013 S-41 7 Boynton Beach Code 2. Applicability. When a new development, other than a single-family or two-family dwelling unit abuts or is adjacent to a single-family residential zoning district due to an intervening local roadway, the following design standards in Section 4.B below shall apply: B. Standards. 1. Generally. All buildings and structures shall be designed and oriented in a manner ensuring maximum privacy of adjacent residential uses. Compatibility shall be evaluated based upon how well the proposed development fits within the context of the neighborhood and abutting properties. Single-family homes located within planned districts, multi-family homes, mixed-use projects, and all non-residential uses, where abutting or adjacent to single-family residential zoning, shall be designed to avoid a reduction in privacy of the abutting or adjacent properties. This requirement may be achieved through measures, such as but not limited to, additional landscaping, orientation of windows and balconies, and layout of units of upper floors. 2. Standards for Planned Residential Districts (IPUD and PUD). Any IPUD or PUD located adjacent to single-family residential zoning must locate structures of the same unit type or height. However, if vegetation, screening or other barriers and/or creative design on the perimeter of an Infill Planned Unit Development (IPUD) or Planned Unit Development (PUD) district achieve compatibility with adjacent uses, the city may grant some relief from the following two requirements: a. Any IPUD or PUD located adjacent to an existing single-family residential development(s) must locate structures of the same unit type or height allowed by the adjacent zoning district(s); and b. Additional setbacks are required for structures in excess of 30 feet in height pursuant to Chapter 3, Article III, Section 2. (Ord. 12-016, passed 10-2-12) Sec. 5. Design Standards for Specific Uses in the Use Matrix (Table 3-28). The following uses, which correspond with the Notes and Restrictions of Chapter 3, Article IV, Section 3.D, contain special standards related to exterior building and site design: A. Group Home Type 1. For new construction, the facility shall have building elevations that are residential in character and similar in appearance to the surrounding neighborhood. They shall not be institutional in appearance. B. Auto Dealer, New. Within the MU-L3 and MU-H districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. C. Auto Dealer, Used. Within the MU-L3 and MU-H districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. 2013 S-41 8 Exterior Building and Site Design Standards D. Gasoline Stations. All Gasoline Stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. E. Automobile Rental. Within the MU-L3 and MU-H districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. See Section 3.G above for additional regulations regarding overhead doors. F. Marina, Including Yacht Club. 1. Architectural integration shall be encouraged through the choice of building materials, architectural style, extensive use of windows, and choice of soft, muted colors. 2. All buildings shall incorporate 360° architecture, a variety of massing and building heights, and stepping roof lines. 3. The use of standardized "corporate" architectural styles associated with chain-type businesses is prohibited. 4. To contribute to physical compatibility and minimize impacts on the residential fabric of adjacent neighborhoods, projects adjacent to residential zoning districts shall be designed with residential character, unless a superior, non-residential design can be demonstrated. Residential designs shall include, but not be limited to, a combination of actual and faux windows, balconies, porches, awnings and related architectural details. The character shall either match or compliment established architectural themes in the vicinity. 5. All building facades shall include a repeating pattern that shall include no less than three (3) of the following elements: color change, texture change, material module change, or a change in plane of at least two (2) feet in depth. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically, unless a superior design can be demonstrated at greater intervals. Recesses and projections shall be from finished grade to roofline, and be a minimum of 10 feet in width. 6. As an alternative to the required facade offsets noted above, decorative and substantive roofline changes, when coupled with correspondingly aligned facade material changes, may substitute. 7. A minimum of two different types of building materials shall be used, with a 70 percent-30 percent ratio. A change in stucco or use of windows will not count toward meeting this requirement. 8. Articulation in parapet wall shall be required with a minimum of five (5) feet for front and side facades, and any facade oriented towards a street; and, two and one-half (2½) feet for rear facades. 9. Parapet walls shall feature three dimensional cornice treatments, to provide a finished look from any angle. Additionally, a parapet return is required with a length equal to or exceeding the required parapet articulation. 10. All customer entrances to the building shall be the focal point of design. Architectural elements shall include some combination of the following improvements: pediments, lintels, columns, pilasters, porches, balconies, railings, balustrades, and ornate moldings. 2013 S-41 9 Boynton Beach Code 11. On any retail or office building within a marine-oriented or water dependent project, or any portion of a building devoted to such use, windows shall be of pedestrian scale, recessed and vision glass without obstruction. 12. On any retail or office building within a marine-oriented or water dependent project, on any facade on which a customer entrance to the building is located, a minimum of 1.6 square foot of vision glass is required for each one (1) lineal foot of facade. 13. On any retail or office building within a marine-oriented or water dependent project, on any other facade facing a public street, a minimum of 0.8 square foot of vision glass is required for each one (1) foot. G. Day Care. Within all residential districts, the following shall apply: Building design shall be consistent with surrounding residential styles. H. Storage, Self-Service. For all Self-Service Storage facilities adjacent to or visible from any arterial right-of-way roadway, the following shall apply: 1. The exterior colors, facades, windows, roof, and building materials shall be compatible with the character of, or vision for the surrounding. Self-service Storage facilities shall incorporate design elements to achieve the effect of office structures. 2. All facades visible from arterial roadways shall provide variety and interest in the facade(s). These facades shall not exceed 50 feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and 10 feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. 3. Within the SMU, MU-L1, MU-L2, and MU-L3 districts, the following shall apply: Buildings shall be designed to have the appearance of a multi-story retail, office, and/or residential structure through the use of similar windows, shutters, and appropriate building elements on the upper floors. (Ord. 12-016, passed 10-2-12) Sec. 6. Design Standards for Development in Urban Areas. A. General. 1. Purpose and Intent. The location of buildings/structures and off-street parking areas proposed for a development can directly impact the aesthetic fabric and quality of life for surrounding properties and the community as a whole. It is the purpose of this section to provide design standards that are tailored to distinct geographic areas of the City to ensure that the location and appearance of buildings/structures and off-street parking areas are appropriate with the type, intensity, scale, and location of redevelopment and new development. The intent of this section is to promote standards that are functional, practical, equitable, and creative. 2. Applicability. Unless otherwise specified, these standards shall apply to new projects and major modifications to existing developments located in the following: 2013 S-41 10 Exterior Building and Site Design Standards a. All properties currently zoned: (1) Central Business District (CBD); or (2) Any "Mixed-Use (Urban)" district. For the purpose of this section, Mixed-Use (Urban) districts shall include the Mixed Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), Mixed Use-Low Intensity 3 (MU-L3), and Mixed Use-High Intensity (MU-H) district. b. Any commercially zoned property located: (1) Along Boynton Beach Boulevard, east of Interstate 95 and west of the Florida East Coast (FEC) Railroad right-of-way; (2) Within the Urban Commercial District Overlay Zone (UCDOZ); and (3) Within the Martin Luther King Junior Boulevard Overlay Zone (MLKBOZ). B. Building Location. 1. General. The revitalization of urban places depends on safety and security, with building/street design having a symbiotic relationship. The location of a building and its proximity/interactio n with the public realm is paramount when trying to create urban areas that have a "sense of place" that is consistent with smart growth principles and neo-traditional planning efforts. Development must adequately accommodate automobiles, but in ways that respect pedestrians and the forms of public space and gathering areas. 2. Standards. a. Each building shall meet the build-to line and reduced setback areas of the respective zoning district or Overlay Zone, whichever is applicable. The location of off-street parking areas is strongly discouraged between buildings and rights-of-way. However, in certain instances, this type of design may be impractical, and strict adherence may deter incremental improvements or upgrades to individual properties, which therefore, perpetuates the blighted conditions of the redevelopment areas. In these circumstances, deviations from the build-to line and reduced setback area requirements may be allowed, but only contingent the submittal of a Community Design Appeal application that satisfactorily addresses the evaluation criteria and when such application is approved by the City Commission. b. Within mixed-use and non-residential developments, structures proposed along arterial roadways shall be required to occupy the entire length of the street frontage, notwithstanding adjustments for cross-visibility, and open areas devoted to public gathering or pedestrian circulation. This building location requirement along the arterial roadway only applies to new construction or major site plan modifications to existing developments. Also see Chapter 4, Article II, Section 4.B.5. for additional streetscape design requirements. c. For properties fronting on arterial and collector roadways within Downtown Transit-Oriented Development District Overlay Zone (the Station Area), building location and design shall 2015 S-45 11 Boynton Beach Code contribute to a "streetwall" of pedestrian scale, so as to prevent any interruptions to building massing, except in limited circumstances to promote project functionality as determined by the Director of Planning and Zoning. Interruptions in the streetwall shall be limited to those necessary to accommodate pedestrian pass-throughs, public plazas, entry forecourts, and permitted vehicular access driveways when access is not available from a local street. C. Shade and Shelter Standards. 1. General. This region's climate requires shade and shelter amenities in order to accommodate and promote pedestrian activity. These amenities will provide greater connectivity between sites and allow for a more continuous and walkable network of buildings. 2. Standards. A shaded sidewalk shall be provided alongside at least fifty percent (50%) of all building frontages adjacent to or facing an arterial or collector roadway or adjacent off-street parking area. When abutting off-street parking areas, the shaded sidewalk shall be raised above the level of the parking by way of a defined edge. Ramps for wheelchairs alongside the building must also be shaded. Building entrances shall be located under a shade device such as an awning or portico. D. Standards for Windows. Windows shall be located at pedestrian scale. E. Compatibility Standards. Proposed projects should compliment existing or approved adjacent mixed use projects in terms of height, color, style massing, and materials. F. Off-Street Parking Area Standards. 1. Types of Off-Street Parking Facilities. The four (4) types of off-street parking facilities regulated herein are as follows: Surface parking, understory parking, freestanding parking garages, and integrated parking garages. They are generally described as follows: a. Surface Parking. A parking area where there is no gross building area below or above the parking stalls, except for ancillary structures such as shade canopies or similar structures. b. Understory Parking Garage. An off-street parking area located below gross building area. Parking stalls are typically located on or below ground level. c. Freestanding Parking Garage. An off-street parking area located within a structure with two (2) or more levels, where the parking structure is the principal use of the building. Freestanding parking garages may include accessory habitable or non-habitable building areas located at ground level. d. Integrated Parking Garage. An off-street parking area located within a structure with two (2) or more levels, where the parking structure is the accessory use of the premises. Integrated parking garages are located within mixed-use developments and habitable gross building area is wrapped around the facility on all levels. 2. Standards for Mixed Use (Urban) Districts and Central Business District (CBD). This subsection shall be applicable to all new projects and major modifications to existing developments. Within "Urban 2015 S-45 12 Exterior Building and Site Design Standards Mixed-Use" districts, off-street parking areas shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific setback for a garage for a residential dwelling unit. The intent of these regulations is to emphasize buildings and pedestrian features within the streetscape and minimize the visual impacts of parking facilities. Where possible, parking areas should be located to the rear of a project. Also where possible, access to parking areas shall be from side streets, in order to minimize driveways and vehicular/pedestrian conflicts. The following standards shall apply to all properties located within Urban Mixed-Use districts as described in Section 6.B.2.a.(2) above: a. Surface Parking. Within the "Mixed-Use (Urban)" districts, surface parking should not be visible from an arterial or collector roadway. Structured parking is preferred for all mixed-use development. b. Understory Parking Garage. Understory parking (on the first floor of a structure) is allowed throughout all "Mixed-Use (Urban)" districts. c. Freestanding Parking Garages. Freestanding parking garages are allowed within the "Mixed-Use (Urban)" districts provided that they do not have frontage on any arterial or collector roadway. The height of the freestanding parking garage may not exceed 75 feet in the MU-H district. All parking garages that front on arterial or collector roadways must be integrated into the development and designed as provided for in subparagraph "d" below. d. Integrated Garages. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors are permitted within every "Mixed-Use (Urban)" district. Habitable floor area must wrap all upper-levels of the parking structure where the structure has frontage along a public right-of-way or is abutting a single-family residential zoning district. The intent of the integrated garage is to border or wrap the parking structure with permitted habitable floor area, such as storefronts, to a minimum depth of 20 feet, so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. The remaining facade(s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adjacent structures within the subject development and abutting properties. Design elements used to disguise the garage may include features such as a living trellis (utilizing climbing vines), planter boxes, tall landscaping, shutters, and/or other architecturally articulated facade features in order to soften its impact. 3. Standards for the "Overlay Zones" and Boynton Beach Boulevard. The purpose and intent of this subsection is to prevent the placement of off-street parking areas between the front of the building and the rights-of-way, particularly in areas where build-to line and reduced setback areas are applicable. Within redevelopment areas, the location of off-street parking areas is strongly discouraged between building and rights-of-way. However, when a project is proposed in such a manner that building location(s) would deviate from respective build-to line and reduced setback area requirements, resulting in a design that is contrary to the purpose and intent of Section 6.B. above and this subsection, then that project shall be required to make upgrades to public realm and streetscape with simple but innovative urban design enhancements such as additional landscaping; pergolas/trellis-work/decorative structures; 2013 S-42 13 Boynton Beach Code surface improvements to the pavement across driveways; short walls designed with benches and/or seating areas; public art; and the like, particularly in areas along the right-of-way where such deviations occur. 4. Standards for the Suburban Mixed-Use (SMU) District. a. Understory Garages. Understory parking (on the first floor of a structure) is allowed throughout the SMU district. b. Freestanding Garages. Freestanding parking garages are not allowed within the SMU district. All parking structures, excluding understory garages, shall be designed as an integrated garage as provided for in subparagraph "c" below. c. Integrated Garages. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors are permitted within the SMU district. Habitable floor area must wrap all upper-levels of the parking structure where the structure has frontage along an arterial roadway or is abutting a single-family residential zoning district. The intent of the integrated garage is to border or wrap the parking structure with permitted habitable floor area, such as storefronts, to a minimum depth of 20 feet, so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. The remaining facade(s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adjacent structures within the subject development and abutting properties. Design elements used to disguise the garage may include features such as a living trellis (utilizing climbing vines), planter boxes, tall landscaping, shutters, and/or other architecturally articulated facade features in order to soften its impact. 5. Miscellaneous Standards. a. Number of Required Parking Spaces. Required parking for all uses shall be as set forth by Chapter 4, Article V, Section 2. b. Off-Site Parking. Off-street parking spaces may be allowed off-site but with a maximum distance in accordance with Chapter 4, Article VI, Section 4.D.2. c. Interconnectivity. Interconnectivity between off-street parking areas, including drive aisles and pedestrian connections shall be planned for and designed in accordance with Chapter 4, Article VI, Section 4.D.3. d. Off-Street Parking for Large Non-Residential Development (Big Box). See Section 7.J. below for additional regulations regarding off-street parking lot locations for large non-residential (big box) developments. e. Trash Collection Points. (1) Screening. See Chapter 4, Article VI, Section 4.C. for additional regulations regarding the appropriate location and screening of trash collection areas. 2013 S-42 14 Exterior Building and Site Design Standards (2) Landscaping. See Chapter 4, Article II, Section 6.G. for additional regulations regarding the landscaping of trash collection areas. f. Off-Street Parking for Station Area. See Section 6.H. below for additional standards regarding off-street parking areas located within the Downtown Transit-Oriented Development District Overlay Zone (the Station Area). G. Sidewalks. The following regulations shall apply to sidewalks: 1. "Urban Mixed Use" Districts. The following regulations shall apply to sidewalks in all Urban Mixed Use zoning districts as described in Section 6.A.2.a.(2) above: a. Materials. Sidewalks shall, where practical, be Holland-Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the consistent with the current design elements in place along Federal Highway. b. Design. Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. In all cases, pedestrian access shall be provided to public walkways. 2. Mixed Use-High Intensity (MU-H) District. Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet wide, measured from the back of the curb. 3. Mixed Use Developments. Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrian ways of mixed-use development areas. H. Design and Architectural Requirements for Mixed Use (Urban) and Central Business Districts. 1. Purpose and Intent. The purpose of this subsection is to encourage traditional building architecture and urban design through both standards and guidelines that are based on the principal that a building is composed of the following three distinct parts: the "base;" the "middle;" and the "top." The functional and visual values of a building are measured and achieved through proper design of each component through human scale and "friendliness," appropriate traditional materials, architectural rhythm, classical vertical proportions, appropriate "solid to void" ratio, and uniqueness. 2. Applicability. The standards of this subsection shall be applicable to properties located within the mixed use and central business districts as defined in Chapter 1, Article II, Definitions. 3. Generally. a. Project design shall not be an independent component in the downtown, but instead designed as an integral component linking seamlessly pedestrian and vehicular circulation with other developments, adjacent neighborhoods, nearby amenities and infrastructure. b. Appropriate transitions between new and existing buildings shall be provided. 2015 S-45 15 Boynton Beach Code c. Architectural design shall incorporate multiple architectural rhythms in the building facades, appropriate "traditional," "solid-void ratio," classical vertical proportions, and step-backs in tower components. d. Projects shall contribute to "placemaking" with enhanced building corners, defining components to building tops, and diversity in the use of materials, building articulation, and building colors that contribute and accentuate the building hierarchy and different components. 4. Building Anatomy. Design buildings/projects based on traditional architecture, recognizing the "base/middle/top building hierarchy." a. Base. The "base" is the most important part of the building design, which is that component that represents the streetscape or "streetwall." (1) The base should be characterized by having all elements enhance the pedestrian environment to which it is exposed, with high transparency, including windows, entries, canopies, awnings, courtyards, and elements of pedestrian interest such as retail stores, storefront show windows and landscape elements. (2) The height of the base is a factor of overall building height and scale of the streetscape environment. The base will vary between approximately thirty (30) feet and forty-five (45) feet depending on the zoning district, overall project height and scale of the abutting roadway. b. Middle. The "middle" of the building should include the expression of the primary building uses. The "middle" of the building shall include multiple architectural rhythms derived through step-backs, changes in plane, changes in materials or colors, window types, window sizes, pairing or multiples of windows, oriel windows and by shutters and other detailing. Typically there should be more solid wall than window opening to maintain the traditional character. Mirrored and/or deeply colored glass should be avoided, as well as horizontal banding of windows and/or a regular horizontal expression of floor slabs. c. Top. The "top" of a building tower terminates the building at the sky, and defines a skyline. (1) Towers shall be placed to allow views between towers and allow natural light to penetrate the lower building levels and the street below. The building top achieves its character through the design of cornices, step-backs, and changes in scale, geometric elements and materials or textures. (2) Projects with tower elements shall be designed to maximize separation between project towers and between towers on abutting projects to ensure protection of views and privacy, and minimize the negative effects of shadowing. 5. Public Pedestrian Entrances. The main public entrance into a building shall be located on facades that front on arterial and collector roadways. Vehicular driveways/openings and curb cuts shall be relegated to local streets. 6. Off-Street Parking. Except for on-street parking, off-street parking areas shall not be visible from abutting arterial or collector roadways. (Ord. 12-013, passed 10-2-12; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 15-006, passed 3-2-15) 2015 S-45 16 Exterior Building and Site Design Standards Sec. 7. Design Standards for Large Non-Residential Development (Big Box) in Suburban Areas. A. Purpose and Intent. Large commercial buildings have a major impact on the aesthetic fabric of a community. The purpose of the following regulations is to achieve an optimal appearance of those structures typically called "Big Boxes," which are often large square or rectangular-shaped buildings with limited architectural enhancements. These regulations are intended to set minimum design standards for large buildings to ensure their positive contribution to the City's character and fabric. B. Applicability. The following standards are applicable to any commercial structure in excess of 15,000 square feet, unless stated otherwise herein, excluding those properties located in urban areas as described in Section 6 above. The term "commercial," as used in these regulations, shall also include structures utilized for office uses and those industrial uses that front on arterial or collector roadways. C. Facades. All facades visible from abutting properties or public streets shall be designed and enhanced with architectural features that provide visual interest at pedestrian levels, reduce the massive appearance of the building, and reflect the local character of the community. These facades shall meet the following objectives: 1. Community integration shall be achieved through the choice of building materials, architectural style, extensive use of windows, and multiple complimentary paint colors. 2. Building design shall include a mix of massing and building heights, and varying roof lines on all facades. 3. Architectural styles shall not be used that are tailored to further "corporate" identity objectives rather than the existing or planned identity and character of the surrounding community, and which are inconsistent with these regulations. 4. Architectural elements, excluding complimentary accent features, shall be integral components of the building fabric and constructed of durable and substantial quality and not superficially applied trim. 5. All building facades shall be designed with "repeating patterns" that include no less than three (3) of the following elements: color change, texture change, material module change, or a change in plane (recess or projection), at maximum intervals of 50 feet. The recess or projection of a change in plane shall be at least 10 feet in width, two (2) feet in depth, and finished from grade to the roofline. At least one (1) of the design elements listed above shall repeat horizontally. 6. Material changes may substitute as an alternative to the required offsets as noted above where decorative and substantive roofline changes are coupled with a correspondingly aligned facade. 7. A minimum of two (2) different types of building materials, allowed under Section 3 above shall be proportionally used on required facades. A change in stucco texture or use of windows and/or awnings will not count toward meeting this requirement. 2013 S-42 16A Boynton Beach Code D. Roofline. 1. For flat rooflines, vertical articulation in parapet walls shall be required with a minimum of five (5) feet for front and side facades, and any facade oriented toward a street; and, two and one-half (2½) feet for rear facades. 2. A Parapet return is required with a length equal to or exceeding the required parapet articulation. 3. Parapet walls shall feature three dimensional cornice treatment, to provide a finished look from any angle. 2013 S-42 16B Exterior Building and Site Design Standards 4. Articulation in the parapet wall shall coincide with the horizontal changes within the building, which are required under Section 7.C.5. E. Windows. 1. On any facade on which a customer entrance to the building is located, a minimum of 1.6 square foot of window is required for each one (1) lineal foot of facade. 2. On any other facade facing a public street, a minimum of 0.8 square foot of window is required for each one (1) foot of facade. 3. A minimum of 70% of windows on the front or side facades shall be transparent. The remaining 30% may be opaque, provided that the following conditions are met: a. Window construction using opaque glass shall appear identical to the transparent windows; b. Opaque windows shall not be superficially attached to the wall; c. Opaque windows shall not be perceptibly different in texture, color, or reflectivity than the glass of the transparent windows. 4. Architecturally ornate window boxes displaying merchandise only, may be substituted for 25% of the required transparent windows and 100% of the opaque windows. This design element may also be applied to smaller-sized buildings with shorter facades and those buildings without traditional front entrances. F. Public Entrances. 1. A minimum of one (1) customer entrance should be provided on the front facade. 2. All sides of a building that directly face an abutting street, with no intervening building, should provide a customer entrance. 3. All public entrances to the building shall be the focal point of the facade through the use of a combination of the following architectural elements: pediments, lintels, columns, pilasters, porches, balconies, railings, balustrades, and ornate moldings. Design features may also include entry recesses/ projections or locating display windows so that they are directly adjacent to the entrance. 4. Any side of a building with a parking field in excess of 20% of the required parking, and where 50% of that parking is located farther than 300 feet from a customer entrance, shall be required to have a customer entrance on that facade. See Section 7.J below for additional parking regulations. 2013 S-41 17 Boynton Beach Code 5. A customer entrance proposed for a side facade shall be located a minimum distance from the corner of the front facade equal to 25% of the lineal length of the side facade on which it is to be located. A customer entrance located at the corner of the building cannot substitute or fulfill the requirement to provide entrances on both front and side facades. G. Covered Walkways. 1. Rules. a. For the purposes of this subsection only, the "front" of a building is considered to be the building facade where a public entrance is proposed. A building that contains public entrances on two (2) or more facades is said to have multiple "fronts." b. A building facade that is oriented toward a public street but does not contain a public entrance is considered to be a "side corner" facade. c. A building facade that is neither oriented toward a public street nor contains a public entrance is considered to be either the "side" or "rear" facade. d. A covered walkway is considered to be an "ARCADE, PEDESTRIAN" as defined in Chapter 1, Article II. e. The horizontal extent of a covered walkway shall be measured upon the entire length of a facade where required. f. Greater preference is placed on the proximity of a covered walkway to the location of the public entrance. 2. Covered walkways are required along building facades that contain public entrances or along facades that are oriented towards public or private streets. The location and horizontal extent of covered walkways shall be based upon the following types of building designs: a. Public entrance(s) on one (1) facade: Covered walkways are required along at least 70% of the front facade and at least 30% of the side corner facade. No covered walkways are required along the side or rear of the building. 2013 S-41 18 Exterior Building and Site Design Standards b. Public entrance(s) on two (2) or more facades: Covered walkways are required along at least 50% of each facade where a public entrance is proposed. No covered walkways are required along the side or rear of the building. c. Public entrance on corner of building: Covered walkways are required along a minimum of 50% of each facade where a corner entrance is proposed. The intent is to wrap each facade with a covered walkway, commencing at the corner where the public entrance is proposed. d. Covered walkways shall have a minimum external dimension of 10 feet in width. The minimum internal dimension shall be seven (7) feet in width, absent of any obstruction by columns, furniture, and/or other appurtenances. H. Landscaping. 1. Foundation landscaping areas for large non-residential (big box) developments shall be required in accordance with Chapter 4, Article II, Section 6.B. 2. See Chapter 4, Article II, Section 6.J.4 for additional regulations regarding the required width of the landscape strip abutting the right-of-way for large non-residential (big box) developments. I. Site Amenities. Sculptures, fountains, gardens, pools, trellises, and benches shall be encouraged within the site design. In addition, the following standards shall be required for every 50,000 square feet or fraction thereof of every non-residential (big box) development: 1. Two (2) site amenities shall be required. Site amenities include but are not limited to bell or clock towers, pergolas, public seating areas (separate and apart from any outdoor seating provided for an associated restaurant use), fountains (of at least eight (8) feet in height and 16 feet diameter), and public art but only when combined with another amenity. Public art, which is in fulfillment of the Art in Public Places program, may be utilized to comply with the pedestrian amenity requirement of this subparagraph, provided that the public art is located in conjunction with another qualifying pedestrian amenity. 2013 S-41 19 Boynton Beach Code 2. Pedestrian pathways through off-street parking areas shall be required in accordance with Section 7.J below. J. Off-Street Parking Lot Orientation. 1. Parking areas shall provide safe, convenient, and efficient access. Off-street parking areas shall be distributed around large buildings in order to shorten the distance to customer entrances, other buildings, and public sidewalks, as well as to reduce the overall area and visual blight of the paved surface. No more than 60% of the off-street surface parking area shall be located between any facade and a public street. 2. Pedestrian pathways shall be required where parking spaces are located in excess of 400 feet from any customer entrance. These pedestrian pathways shall be a minimum of ten (10) feet in width leading from the farthest parking space to the customer entrance. These pathways shall incorporate the use of a combination of decorative pavement, trellises, seating, pergolas, arbors, gazebos, decorative light fixtures and landscaping. 2013 S-41 20 Exterior Building and Site Design Standards 3. Where off-street parking areas are screened by outparcel buildings or is not visible from a public street, a maximum of 75% of the required parking may be adjacent to a front or side facade containing a customer entrance. 4. Unique conditions associated with individual sites may justify the review and approval of alternative site designs that do not specifically comply with the parking lot orientation standards of this subsection. A different design proposal may offer superior results or maximum achievement of the City's objectives. The above standards may be varied by the City Commission, provided that the applicant can demonstrate there is an unusual site configuration and/or unique circumstances, and the alternative site design clearly meets the intent of these provisions. Alternative design must consider and address the following objectives: a. Maximize the proximity of parking spaces to customer entrances; b. Reduce visual blight of large expanses of surface off-street parking areas; and c. Improve pedestrian connectivity in excess of the minimum standards. 5. Regulations shall be enforced in zoning districts and overlay zones where the objective is to discourage or prohibit off-street parking areas between the building and the rights-of-way. K. Miscellaneous. 1. Buildings should be configured so they complement outdoor spaces. Walkways, entrances and gathering areas should have shading features, such as trees, landscaping, trellis structures, projecting canopies, covered walkways, arcades, and/or porticos. Seating areas and benches should be located in shaded areas that are close to activity, but that will not block or cause congestion in circulation or at entrances. Outdoor employee areas should be integrated into the site design, but should be separated from general public circulation with screening. 2. Accessory uses, including a Gasoline Station or Automotive, Minor Repair within large commercial developments should incorporate the design characteristics and architectural treatments applied to the larger building. The use of standardized "corporate" architectural styles associated with chain type businesses is prohibited. The accessory use should not be the focal point in the front setback. If the accessory use is located forward of the larger building, a 25-foot wide landscape strip shall be utilized along all property lines abutting the operation, including a minimum three (3) foot high berm. Additionally, the accessory use shall be landscaped separately from the remainder of the parking area by a 10-foot wide planting strip. 3. See Section 10.B below for additional regulations regarding the design of transit shelters where abutting or located within large non-residential (big box) developments. 4. Large commercial buildings in excess of 75,000 square feet should be structurally designed to be easily divided into smaller tenant spaces in planning for future adaptive re-use purposes. (Ord. 12-016, passed 10-2-12) 2013 S-41 21 Boynton Beach Code Sec. 8. Open Space and Plaza Requirements. A. General. 1. Purpose and Intent. Open air and semi-enclosed public gathering spaces can act as central organizing elements in a large development. They can also contribute to the relationship between different land uses and provide focal points and anchors for pedestrian activity. 2. Conflict. Whenever the regulations and requirements of this code are at conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply. Additionally, specific design provisions within the zoning district regulations of this subsection shall take precedence over the General Design Standards of Section 7.B. below. 3. Applicability (by Zoning District). a. Mixed Use-High Intensity (MU-H) District. Pursuant to Chapter 3, Article III, Section 5.C.1, usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation areas. b. Infill Planned Unit Development (IPUD). A minimum of 200 square feet of usable open space shall be required per dwelling unit pursuant to Chapter 3, Article III, Section 2.G.3. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. Interior and open spaces shall meet the following criteria: (1) Shall be required for residential development projects and mixed-use residential projects; (2) Shall be designed to be available and accessible to every dwelling unit proposed; (3) Shall include consolidated areas principally set aside for active or passive recreational space; (4) Shall, where feasible, be centrally located in the development; (5) May be designed or sited in conjunction with but shall not include private courtyards, landscape strips, perimeter landscape buffers, preservation/natural areas, and water bodies; and (6) Shall not be occupied by streets, drives, parking areas, or structures other than recreational structures. c. Suburban Mixed Use (SMU) District. Usable open space shall be required for each component of the mixed-use development pursuant to Chapter 3, Article III, Section 4.D.1. In addition, the following standards shall apply: (1) Usable open space shall provide active or passive recreational space and shall not be occupied by water bodies, streets, drives, parking areas, or structures other than recreational structures. 2013 S-41 22 Exterior Building and Site Design Standards (2) All least 50% of the required usable open space for single family residential uses shall be contained in one (1) or more common pooled areas and a rectangle inscribed within each common pooled area shall have no dimension less than 75 feet; and (3) Up to 50% of the usable open space required for all other uses may be hardscaped plazas and public gathering places. B. Design Standards. Where required or recommended, plazas and usable open space shall be designed as follows: 1. Location. a. Common open space areas shall be located so as to be readily accessible and useable by residents or visitors in various locations of the development, unless the lands are sensitive natural resources and access should be restricted; b. The lands shall be compact and contiguous unless the land shall be used as a continuation of an existing trail or specific topographic features require a different configuration. An example of such topographic features would be the provision of a trail or private open area along a riparian corridor; c. Where private common open space areas, trails, parks, or other public spaces exist adjacent to the tract to be subdivided or developed, the private common open space or pedestrian amenity shall to the maximum extent feasible, be located to adjoin, extend, and enlarge the presently existing trail, park, or other open area land; d. At minimum, the area shall be lighted to meet the requirements of crime prevention through environmental design (CPTED) principles; and e. To the maximum extent feasible, where significant natural and scenic resource assets exist on a property, priority shall be given to protect and preserve as common open space. The assets shall be prioritized as follows: (1) Wetlands; (2) Flood hazard areas; and (3) Tree preservation areas. 2. Materials. Plazas shall be designed with pavers and landscaped areas in order to provide a place for the public to enjoy the outdoors. Boardwalks may be used if the property is located along the Intracoastal Waterway provided that the boardwalk area is sized comparably with the intent of this subsection. 3. Seating Areas. At least one (1) linear foot of seating for every 30 square feet of plaza space is required. Seating surfaces shall have a minimum depth of 20 inches; 2013 S-41 23 Boynton Beach Code 4. Access. a. Pedestrians shall have direct access to the plaza from at least one (1) major thoroughfare and at least 50% of the plaza frontage; b. At least one (1) accessible route complying with the Florida Building Code shall connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site. c. Curb cuts providing motor vehicle access onto a plaza are prohibited; however, plazas may be designed to provide access for emergency vehicles; 5. Landscaping. a. Landscape strips and perimeter landscape buffers, required under Chapter 4, Article II, Section 4 cannot count towards the minimum requirements of this subsection; and b. Trees are required in accordance with Chapter 4, Article II, Section 6.B. 6. Maintenance. All common open space or pedestrian amenity areas shall be maintained by the owner(s) of the development. (Ord. 12-016, passed 10-2-12) Sec. 9. Standards for Pedestrian and Bicyclist Amenities. A. General. The purpose and intent of this section is to provide regulations that require developments to plan for pedestrian circulation and access; locate, install and maintain pedestrian amenities; and to provide for controls and regulations to protect the public health, safety, and general welfare of the residents and visitors. The requirements for pedestrian amenities will further the City's goals and objectives by providing for alternative means of transportation that improve air quality, reduce energy consumption, efficient use of vehicular parking facilities, proper disposal of waste, and provide for the enhanced physical appearance of the City. The Director of Planning and Zoning or designee may waive certain pedestrian amenity requirements of Table 4-9 based on consideration of the number of employees, forecasted anticipated number of customers and projected bicycle and pedestrian traffic. B. Standards. 1. Circulation. a. Pedestrian circulation should be carefully planned in order to prevent conflict between pedestrian areas and vehicular use areas. b. In all cases, pedestrian access shall be provided to public walkways. c. Pedestrian circulation design shall promote interconnectivity with and between land uses to discourage unnecessary use of the automobile and reduce vehicle miles traveled (VMT). 2013 S-41 24 Exterior Building and Site Design Standards 2. Table 4-10. Pedestrian & Bicyclist Amenities. The minimum number of pedestrian amenities shall be required as follows: PEDESTRIAN & BICYCLIST AMENITIES Zoning District or Use Bicycle Racks Benches Trash Receptacles Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any "Commercial, Retail Sales and Services" use; 1 per 12,500 1 per 12,500 1 per 12,500 Greater than 25,000 s.f. 1 per 12,500 up to 25,000; then 1 per 30,000 1 per 12,500 up to 25,000; then 1 per 30,000 1 per 12,500 up to 25,000; then 1 per 30,000 Any "Office and Health Care" use 1 per 12,500 up to 25,000 then 1 per 50,000 1 per 12,500 up to 25,000 then 1 per 25,000 1 per 12,500 up to 25,000 then 1 per 25,000 Any "Arts, Entertainment, and Recreational" use 1 per 15,000 1 per 12,500 1 per 12,500 Any "Educational" use 1 per 5 classrooms 1 per 5 classrooms 1 per 5 classrooms Any "Industrial" use 1 per 30,000 1 per 30,000 1 per 30,000 Dwelling, Multi-family (3+ units); 1 per 75,000 of lot area 1 per 25,000 of lot area 1 per 25,000 of lot area Mobile/Manufactured Home Park 1 per recreation or amenity area 1 per recreation or amenity area 1 per recreation or amenity area Bed & Breakfast 1 per establishment 1 per establishment 1 per establishment Hotel & Motel 1 per 100 units 1 per 25 units 1 per 25 units Group Home Type 2, 3, and 4 1 per 7 residents but not less than 2 1 per 7 residents but not less than 2 1 per 7 residents Cemetery 1 per cemetery 1 per cemetery 1 per cemetery Church 1 per 30,000 1 per 30,000 1 per 30,000 Community Garden 1 per lot 1 per lot 1 per lot Community Facilities; Post Office 1 per 12,500 1 per 12,500 1 per 12,500 Greater than 25,000 s.f. 1 per 12,500 up to 25,000; then 1 per 30,000 1 per 12,500 up to 25,000; then 1 per 30,000 1 per 12,500 up to 25,000; then 1 per 30,000 a. Where the number of required pedestrian amenities as computed includes a fraction, the number of amenities shall be the computed number rounded to the next highest whole number; b. All pedestrian amenities shall be located on the same building site which they serve and situated on a site so that they do not obstruct the flow of pedestrians using the building entrances or sidewalks and shall adhere to Florida Accessibility Code for Building Construction; c. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the continued proper maintenance of all pedestrian amenities and shall keep them in proper, neat, and orderly appearance; d. When bicycle racks are required or recommended, they shall be located in areas that are enclosed or roofed, or otherwise designed with solid covering, either inside the building (e.g., foyer) or outside and placed in close proximity to the project entrance while still maintaining safe 2013 S-41 25 Boynton Beach Code and accessible building ingress and egress. See Section 12.B.2 below for additional regulations regarding bicycle racks and Crime Prevention Through Environmental Design (CPTED) guidelines; e. To the maximum extent feasible, trash receptacles should include ashtrays and be located near other pedestrian amenities. The number of receptacles provided may be reduced if located within close proximity of benches; f. On a case by case basis, additional pedestrian amenities may be required for other land uses not listed in Table 4-9; g. Additional pedestrian amenities may be recommended, depending on projected need; and h. A certificate of occupancy or certificate of completion shall not be issued until pedestrian amenities are provided in accordance with this subparagraph; and i. All pedestrian amenities provided by the property owner shall be decorative in nature and substantial in construction. Their design and appearance must be aesthetically pleasing and compatible with the subject site, adjacent properties, and streetscape furniture, including public improvements and furniture located within the public right-of-way. No signage or advertising shall be permitted on pedestrian amenities. (Ord. 12-016, passed 10-2-12) Sec. 10. Design Standards for Walls, Fences, and Miscellaneous Outdoor Structures. A. Walls and Fences. Design, construction, and appearance of walls and fences are important components of site development. Their appearance and upkeep are visual reflections of community character and quality. This subsection shall apply to all new walls and fences. 1. Design. Wall and fence design shall be enhanced and decorative in appearance where visible by the public under the following circumstances: a. From the interior of a property; b. From public or private rights-of-way; or c. From abutting or adjacent properties. 2. Consistency. Enhanced walls and fences shall be designed in an architectural style consistent with the principal structure(s) incorporating the dominant exterior material(s), colors, and finishes of that structure. 3. Monotony Restrictions. Enhanced walls and fences shall be designed with offsets, banding, columns, posts with lintels, finials, or caps, landscape pockets, and other elements to avoid an expansive monolithic or monotonous appearance. Such elements shall be included every 16 feet or less. Decorative wood or PVC/vinyl fences shall either be picket, rail basket weave, or shadow-box style. As noted above, decorative fences shall not be installed in such a manner so as to create a monolithic 2013 S-41 26 Exterior Building and Site Design Standards or monotonous appearance. Every two (2) fence panels or 16 feet of fence must be interrupted by decorative columns or posts, visible from the exterior of the property and topped with decorative capitals. This requirement will not be satisfied by the reversing of the fence material to place the unfinished side out exposing the four (4) inch by four (4) inch posts and crossmembers to the exterior. 4. Chain-Link Fences. Except for within industrial districts, chain-link fences shall not be allowed within the front or side corner yard where they are visible from public or private rights-of-way. See Chapter 3, Article V, Section 8 for additional regulations regarding the screening of outdoor storage of merchandise. 5. Construction Sites. Temporary fencing (and other types of barriers deemed acceptable to the Building Official) may be erected around construction sites for visual buffering and safety. Temporary fencing shall be approved in conjunction with a building permit and must be removed prior to the issuance of a certificate of occupancy or completion. The temporary fencing may contain screening material enhanced with lifestyle graphics, images, pictorals, wraps, photographs, or a combination thereof as regulated in the Sign Code (Chapter 4, Article IV, Section 4.B.3.d). However, the screening material allowed in the Sign Code shall not conflict with the original intent for said fencing, mesh, and related materials, which is to offer protection from dust, debris, and other airborne particulate matter (pursuant to Chapter 3, Article V, Section 2.F). B. Transit Shelters. 1. Purpose and Intent. The purpose and intent of this subparagraph is to maximize availability and accessibility of mass-transit by providing an amenity for patrons, help beautify corridors by creating positive gateways into and out of the City, and to provide safer environs for mass-transit users and motorists. 2. Standards. A transit shelter is a roofed structure that may provide seating areas and is typically located within the right-of-way. A transit shelter shall be designed to comply with the Florida Building Code. In addition, the following standards shall apply: a. The location of a transit shelter, including its associated structure and/or equipment, shall comply with all cross visibility and safe-sight requirements. b. If placed on a public sidewalk, the transit shelter location shall provide adequate clearance for pedestrian traffic in order to comply with accessibility requirements of the Florida Building Code. c. All signage placed on transit shelters shall be regulated in accordance with Chapter 4, Article IV, Section 4.D.2. d. The need for, and addition of transit stops shall be considered in conjunction with all new development to accommodate transit stops for the county bus service and other types of transit systems, including a future water taxi service. Fire lanes and other emergency vehicular accessways may be designated by the appropriate public agency. Uses that require service by large vehicles should be designed to allow large vehicle access without blockage of adjoining vehicular or pedestrian circulation. e. The design and architecture of the transit shelter should be compatible with the principal building(s) of large non-residential (big box) developments (see Section 7 above) or consistent with 2013 S-41 27 Boynton Beach Code an overall redevelopment plan that provides aesthetic and uniform design guidelines for shelter design. f. Where located within the public right-of-way, the following shall also apply to transit shelters: (1) The transit shelter requires a right-of-way permit, which is subject to review and approval by the City Engineer or designee. See Chapter 2, Article III, Section 4 for additional regulations regarding the right-of-way permit. (2) All necessary permits are required to install transit shelters within rights-of-way owned by the State of Florida and/or Palm Beach County. g. Where located on private property, the following shall also apply to transit shelters: (1) When an outside governmental agency acquires an easement on private property for the purpose of constructing a transit stop shelter, these improvements shall not be subject to minimum setback requirements of the zoning district; and (2) Waste receptacles and bicycle racks shall be required and accommodated at transit shelters. 3. Removal. Should any bus shelter, associated structure or equipment or sign on an associated structure or equipment, or bus shelter sign fail to conform to the above standards; or should a residential property owner object to the presence of a bus shelter abutting his property, then the city may order the sponsoring organization to remove such bus shelter and, that failing, may remove same at the expense of the sponsoring organization. C. Shopping Cart Corrals. Shopping cart corrals shall be compatible with the architectural design, colors, materials, and finishes of the principal structure. D. Donation Bins. Unmanned donation bins are allowed within commercial and industrial zoning districts but subject to the following regulations: 1. Number of Bins. One (1) donation bin may be allowed per lot for commercial or industrial developments consisting of at least 100,000 square feet of gross building area. An additional bin may be allowed for each 100,000 square feet of gross building area. 2. Location. Donation bins shall not be located in within rights-of-way, required parking spaces, access aisles, walkways, landscape strips, or perimeter landscape buffers. They shall comply with all visibility and safe-sight standards and not pose a safety threat to pedestrian or vehicular traffic. In addition, they shall be located behind the front and side corner building lines. 3. Maintenance. The owner of the property shall be responsible for the maintenance of the bins, such that the area is kept neat and orderly and in compliance with the approved site plan for the subject property. This means that all items are located within the bins; no trash is left on the site and there is no graffiti or other visible damage to the bins. 4. Appearance. Donation bins shall be painted with natural, earth-tone colors or with those that are intended to match the principal building(s). 2013 S-41 28 Exterior Building and Site Design Standards 5. Advertising. Donation bins shall not be used for off-site advertising of commercial activities and be limited to a maximum of four (4) square feet of sign area advertising the sponsoring charitable tax-exempt organization. 6. Sponsoring Agencies. Sponsoring agencies shall register with and be evaluated annually by the Department of Development for compliance with the regulations contained in this section. Sponsoring agencies shall provide proof of authorization by the property owner(s), the size, and overall dimensions of each bin, and a site plan detailing the proposed location(s). Sponsoring agencies must provide proof of being a tax-exempt, charitable organization registered as a 501(c)3 of the Internal Revenue Code, in order to place donation bins in the City. Donation bins to an existing site shall require a modification to the approved site plan in accordance with Chapter 2, Article II, Section 2.F. 7. Miscellaneous. The foregoing restrictions shall not apply to recycling bins or other similar public collection bins located on City property or otherwise sponsored by the City. (Ord. 12-016, passed 10-2-12) Sec. 11. Maintenance of Buildings, Structures, and Site. It shall be unlawful for owner(s) of real property within the City to permit the deterioration of the exterior of a building or off-street parking areas such that it becomes non-compliant with these standards or the minimum standards for appearance and maintenance of public and private property (see Part II, Chapter 15, Article IX and Part II, Chapter 10, Article IV). The awning/canopy and support system should be maintained at the same level as other components of the building. Rusting/peeling support structures shall be cleaned and repainted. Rotted or broken supports should be replaced. Faded and dirty awnings shall be cleaned or replaced. (Ord. 12-016, passed 10-2-12) Sec. 12. Exterior Building and Site Design Guidelines. A. Urban Design Guidelines of the Community Redevelopment Agency (CRA). 1. Purpose and Intent. The purpose of Boynton Beach Urban Design Guidelines are to provide a basis for evaluating redevelopment proposals and act as a guide for making decisions about public and private improvements within the boundaries of the Community Redevelopment Agency. It is anticipated that through the use of the guidelines, both private and public projects will endeavor to preserve and enhance the form, scale, and visual character that make downtown unique within the city and the region. The guidelines will assist to ensure that each incremental site design, architectural, and streetscape project contributes to a positive image for the city. 2. Relationship to Comprehensive Plan. In particular, the guidelines are designed to support the following objectives in accordance with the City of Boynton Beach Comprehensive Plan: a. Assure long-term economic vitality of the downtown; b. Create a vibrant mixed-use development downtown urban environment; 2013 S-41 29 Boynton Beach Code c. Create an aesthetically pleasing and vibrant pedestrian oriented downtown; d. Provide improved visual and physical connectivity between downtown districts; e. Encourage the creation of exciting and inviting public urban spaces; f. Develop a downtown urban character that is unique to Boynton Beach; g. Provide interesting architectural design diversity within a continuity of urban design principles; and h. Provide safe, efficient, and aesthetically pleasing accommodations for vehicular access and parking. 3. Relationship to Redevelopment Plan. The Urban Design Guidelines are applicable to all properties that are located within the CRA, particularly within the Federal Highway Corridor Community Redevelopment Plan, Heart of Boynton Master Plans & Schematic Designs, Ocean District Community Redevelopment Plan, and Boynton Beach Boulevard Corridor Plan. 4. Relationship to Land Development Regulations. The Urban Design Guidelines are applicable to all properties that are located within the CRA, particularly within the Mixed-Use Low Intensity 1 (MU-L1), Mixed-Use Low Intensity 2 (MU-L2), Mixed-Use Low Intensity 3 (MU-L3), and Mixed-Use High Intensity (MU-H) zoning districts. B. Crime Prevention Through Environmental Design (CPTED). 1. General. a. Purpose & Intent. The proper design and effective use of the built environment can lead to a reduction in the incidence and fear of crime and improvement in the quality of life by incorporating access control, natural surveillance, and territorial defensive tactics into building and site design components. b. Applicability. The following guidelines have been developed for incorporation into the design of all new residential and non-residential developments and major modifications to approved developments. 2. Guidelines. The following guidelines have been developed to further the purpose and intent of this subsection through compliance with the following design elements: a. Lighting. (1) Exterior lighting should be placed above or near entryways and garages. (2) Landscaping should be designed and maintained to reduce conflicts with exterior lighting, taking into account long-term tree canopy growth. (3) Landscaping should be designed and maintained to minimize obstruction of view of windows, address numbers, and walkways. 2013 S-41 30 Exterior Building and Site Design Standards (4) Pedestrian-scale lighting (maximum 12-foot tall, metal halide light poles) should be used for all street and pedestrian walkways. (5) On non-residential projects, non-glare lighting should be located around the perimeter or placed on building walls. (6) In parking garages, all lighting should be vandal resistant. Enhanced lighting should be used at entrance/exits to reduce transition (from daylight) when entering structure, while not drawing additional attention at night. b. Numerical Address. (1) For all multi-family residential and non-residential developments, illumination of the building numbers is recommended. (2) For all multi-family residential and non-residential developments, building numbers should be 12 inches in height and placed away from landscaping. Building numbers should be placed on facades that are adjacent to accessways and off-street parking areas. c. Building Design. (1) Building architecture should allow for enhanced natural surveillance of all off-street parking areas, providing a sense of security to patrons and visitors. (2) Security vision doors shall be utilized at all entrances to stairwells on each floor. (3) Convex mirrors shall be installed in stairwell and elevator areas. (4) Elevators shall be located close to the main entrance, constructed to avoid hidden spaces and utilize Closed Circuit Television (CCTV) surveillance. d. Understory Parking and Parking Garages (Freestanding and Integrated). (1) The first level of a parking garage should have restricted access from exterior common ground area, in an effort to reduce unauthorized/unsupervised entry. Wrapping the parking garage with residential or non-residential uses is the preferred methodology in the design of a parking garage to restrict unwanted access and meet other design guideline objectives. (2) In the limited areas of the garage not wrapped by other uses, exterior walls surrounding the first floor (ground level) parking should be a minimum three (3) to four (4) feet high. Additionally, decorative grill work should be installed between the top of this wall and the flooring of the second parking level. (3) Pedestrian entrances should be adjacent to vehicle entrances, open and free of hidden spaces and wired for CCTV surveillance. (4) Each level of the parking garage should be equipped with well-marked, direct-ring emergency telephones which shall terminate at a central monitoring office, station, or booth. 2013 S-41 31 Boynton Beach Code (5) Ceilings and solid walls inside parking garages should be painted white to increase the brightness within the structure. e. Miscellaneous. (1) Central mailbox stations should be placed in high-activity and conspicuous locations for enhanced safety and natural surveillance of users. (2) Pedestrian crosswalks should be delineated by using contrasting paver blocks as opposed to surface striping. When crosswalks are located away from stop signs within off-street parking areas, they should also be raised. Paver bricks should be compatible in style throughout a development. (3) Bicycle racks should be placed in close proximity to building entrances and not located within off-street parking areas. (4) Automated Teller Machines (ATM) should not be obscured by any landscaping in excess of two (2) feet in height or other fixed objects that would prevent clear visibility and should have a convex mirror strategically placed to allow the ATM operator to identify any approaching persons. (5) ATM's should have illumination of the walkway leading to and from it positioned so as not to cause glare on the video recording equipment. (6) Benches should have adequate lighting if they are intended for nighttime use and be located in open view to eliminate concealment areas. (Ord. 12-016, passed 10-2-12) 2013 S-41 32 Sign Standards ARTICLE IV. SIGN STANDARDS Sec. 1. General. A. Short Title. This article shall hereafter be known and cited as the "City Sign Code." B. Purpose and Intent. The purpose of this article is to set forth the regulations for the use of signs within the city's jurisdictional limits for site identification, communication, and advertisement. It is the intent of this article to promote the health, safety, convenience, aesthetics, morality, and general welfare of the city by regulating signs in order to meet the following objectives: 1. Identification. Promote and aid in the identification and location of an establishment, organization, or neighborhood; 2. Aesthetics. Preserve the beauty and unique character of the city by protecting it from visual blight and providing a pleasing environmental setting and community appearance, which is deemed vital to the attraction and retention of business and commerce; 3. Land Values. Protect property values by assuring the compatibility of signage with surrounding land uses; 4. Safety. Promote general safety and protect the general public from damage or injury caused by, or partially attributed to, the distractions, hazards, and obstructions that result from improperly designed, constructed, maintained, or located signs; 5. Compatibility. Ensure that signs are compatible with the surrounding built environment, including adjacent architecture and neighborhoods, and they compliment each other rather than detract from one another; and 6. Sustainability. To promote signage and support structures that employ sustainable designs and technologies with respect to their construction, maintenance, and operation (e.g. recycled materials, energy efficient, low energy usage bulbs, etc.). C. Administration. The Director of Planning and Zoning or designee shall have the authority to interpret and administer this article. D. Applicability. The provisions of this article shall be considered the minimum standards and are applicable to all new signs constructed or displayed after the date of enactment of these Regulations or modification to signs which were permitted prior to the date of adoption of these Regulations. E. Exemptions. The permitting requirements of this article shall not apply to the following signs however, that such signs may be subject to other provisions of these Land Development Regulations: 1. Address Sign. A non-illuminated sign, which indicates the address of the site, provided it does not exceed two (2) square feet in area. The sign shall comply with the standards of Section 4.A.9. below. 2. Residential Yard Sign. A non-illuminated sign with non-commercial copy located in any zoning district, provided it does not exceed three (3) square feet in area. If proposed as a freestanding structure, the sign shall not be greater than four (4) feet in height and must be located within five (5) 1 Boynton Beach Code feet of a building on a lot; or if there is no building on the lot, the sign must be located at least ten (10) feet from any property line. 3. Nameplate or Identification Plaque. A non-illuminated nameplate or identification plaque provided it does not exceed two (2) square feet in area. The plaque shall comply with the standards of Section 4.C.13. below. 4. Temporary Real Estate Sign. A non-illuminated temporary real estate sign provided it is five (5) square feet or less in area. However, this sign shall comply with the standards of Section 4.B.1. below, which regulates the minimum required setback, allowable location, and maximum size and height. No temporary real estate sign is allowed within a public right-of-way because it would be considered an off-premises sign and is therefore prohibited pursuant to Section 3.K. below. 5. Temporary Political Sign. A non-illuminated temporary political sign provided it is less than thirty-two (32) square feet in area. However, this sign shall comply with Section 4.B.5. below, which regulates the minimum required setback, allowable location, and maximum size and height. No temporary political sign is allowed within a public right-of-way because it would be considered an off-premise sign and is therefore prohibited pursuant to Section 3.K. below. 6. Transit Shelter Sign. A sign located on a transit shelter provided it complies with Section 4.D.2. below and the Building Official determines that compliance with the Florida Building Code is not required. 7. Civic/Government Sign. A sign which is deemed necessary by an appropriate city department or public agency and consisting of non-commercial copy, intended for safety, welfare, or informational purposes. This sign typically includes 1) information pertaining to current or future public improvements and events; 2) traffic, railroad crossing, wayfinding, commemorative, and other governmental signage; 3) legal notices, public hearings, and other temporary and non-emergency related signage; and 4) signage identifying caution, danger, or emergency situations. 8. Changing the Copy of a Manual Changeable Copy Sign. Manual changeable copy signs may be allowed as an accessory component to a primary or secondary monument sign pursuant to Section 4.C.2.h. below. The changeable copy portion of a monument sign is exempt from the permitting requirements of this article, provided that such new copy complies with the standards of this article. Note: In the event any word, sentence, clause, or other portion of this section is determined invalid, then any sign otherwise allowed by this section shall comply with the requirements set forth in this code as if this section was never enacted. F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. 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. H. Severability. Except as for otherwise provided in Section 1.G., Section 3, and Section 4, should any section, subsection, paragraph, sentence, clause, phrase, or other part of this article be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this article as a whole 2 Sign Standards or any article, section, subsection, paragraph, sentence, clause, phrase, or word thereof, other than that so declared to be invalid. I. Relief from Standards. Unless described otherwise, any deviation from the sign standards contained herein shall require approval of a variance application, which is subject to review and approval by the City Commission. Any request for a variance shall be reviewed in accordance with Chapter 2, Article II, Section 4.D. No variance may be granted for any sign expressly prohibited by this article. The City Commission however, may grant a variance if it finds that the unusual shape or topography of the property or other mitigating factors (e.g., required landscape buffers), prevent signage allowable under the provisions of these Regulations from adequately identifying the business or other activity located on such property. The City Commission may only grant a variance to the following: 1. Required Setback. Allow a setback less than that required under the chapter; 2. Sign Area or Height. Allow the area and/or height of a sign to be increased by up to twenty-five percent (25%) of the maximum allowable height or area; or 3. Number of Signs. Allow the number of signs to be increased over the maximum allowed by this code. (Ord. 10-025, passed 12-7-10) Sec. 2. City Approval Required. No signs, including support structures shall be erected, altered, displayed, or modified on private property, public lands, or within city rights-of-way without first securing the necessary city approvals and permits as provided hereunder, except in instances when exempt from these Regulations pursuant to Section 1.E. above. The following processes and permits are intended to ensure that all signage complies with the standards of this article: A. Site Plan Review. Except for individually platted lots containing single-family and duplex homes located within single-family and two-family residential zoning districts, the site plan review process shall be required and reviewed in accordance with the procedures set forth in Chapter 2, Article II, Section 2.F. prior to the issuance of any sign permit. For the purposes of this subsection, the term "site plan" is construed to include master site plan and technical site plan applications. B. Sign Permit. The sign permit process shall be required, and initiated only subsequent to the approval of a site plan application, except in those instances when site plan review is not required. The sign permit application shall be processed in accordance with the procedures set forth in Chapter 2, Article II, Section 5.A., unless the Building Official determines that compliance with the Florida Building Code is necessary. In these instances, the sign permit shall be processed in accordance with the procedures set forth in Chapter 2, Article IV, Section 3. Any sign, including the support structure, which is erected, altered, displayed, or changed without a sign permit is considered an illegal sign, and shall be subject to the penalties set forth herein. Any sign proposed within a city right-of-way shall require approval from the Engineering Division. The issuance of a sign permit shall not relieve any party from obtaining the necessary permits which may be required by the various federal, state, or local government agencies. (Ord. 10-025, passed 12-7-10) 3 Boynton Beach Code Sec. 3. Prohibited Signs. The following signs and related equipment are prohibited in all zoning districts, unless otherwise stated herein: A. Noise Sign. Any sign that produces noise or sounds capable of being heard (excluding voice units at drive-through facilities) and those which emit visible smoke, vapor, particles, or odor. B. Animated or Fluttering Sign. Any sign with visible moving, revolving, flashing, or rotating parts or visible movement of any kind. C. Motion Picture or Video Sign. Any sign with motion picture or video mechanisms used in such a manner as to permit or allow images. D. Electronic Messaging Centers (EMC). Any sign, including electronic changeable copy, which incorporates a technology that allows the sign face to change its image without having to physically or mechanically replace the sign face or its components. Such technologies or methods may include but are not limited to cathode-ray tube (CRT), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or similar technologies or methods that allow the sign face to present a series of images or displays. However, this prohibition excludes those instances when such signs are used by a government or public agency for the purposes of directing or regulating pedestrian or vehicular movement or when providing other important information to the public. E. Mobile Sign. Any sign not permanently attached to a wall, ground, or any other approved supporting structure, or a sign designed to be transported, such as signs transported by wheels, mobile billboards, "A-frame" or sandwich type, sidewalk or curb signs, and unanchored signs, except where otherwise stated in this article. F. Roof Sign. Any sign erected, placed, or affixed 1) to the slope of a hip or gable roof; 2) above the roofline or parapet wall; or 3) on rooftop structures, including but not limited to mechanical enclosures, mechanical equipment, or chimneys. All signs shall be located a minimum of six (6) inches below the top of the mansard or parapet wall, where applicable. G. Snipe Sign. Any sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, trailers, or other supporting structures, except where otherwise stated for in this article. H. Painted Wall Sign. Any sign painted on or attached to a wall, excluding murals, which are reviewed separately in accordance with Section 4.D.4. below and approved by the Arts Commission. I. Unauthorized Sign. Any sign that has not been properly permitted by the city but located on property owned by or under control of the city. J. Non-Geometric Sign. Any sign structure, shaped to depict figures or demonstrative shapes used to attract attention to the business activity with which the sign is associated, excluding an under canopy or blade sign regulated in accordance with Section 4.C. below. K. Off-Premises Sign. Any temporary or permanent off-premises sign, including billboards but excluding those types of signs which may be allowed in limited instances in accordance with this article. 4 Sign Standards L. Other. 1. Signs attached to or painted on fire escapes, television antennas, satellite dishes, utility poles, or any other associated structure. 2. Signs or sign structures supported by visible guy wires, cables or where there is visible electrical conduit. 3. Any balloons, pennants, streamers, or the like shall be prohibited if used as a permanent display or temporary sign or as a means of directing attention to any establishment or organization, or to a commodity or service sold, offered, or manufactured. 4. Any stationary or revolving light (beacon) which flashes or projects illumination, single-color or multi-colored, in any manner which is intended to attract or divert attention. This does not include any lighting required by the Federal Aviation Administration (FAA) or similar agencies. 5. Any sign which advertises a home-based business (home occupation), excluding those allowed in conjunction with a live/work unit and the corresponding regulations. 6. Any illuminated sign designed with bare bulbs, exposed neon tubing, or similar technology, which is not shielded and therefore leaving it exposed and directly visible, except for when used as a window sign and regulated in accordance with Section 5.C.6. below. Neon tubing, bare bulbs, miniature lighting, and similar technologies shall not be used to illuminate or outline building façades, storefronts, door openings, window, or window displays pursuant to Chapter 4, Article VII, Section 5.E. 7. Any pylon sign as defined in Chapter 1, Article II. 8. Any sign and/or sign structure which does not meet all the criteria set forth in this article. Note: In the event any word, sentence, clause, or other portion of this section is determined invalid, then any sign otherwise prohibited by this section shall comply with the requirements set forth in this code as if this section was never enacted. (Ord. 10-025, passed 12-7-10) Sec. 4. Standards. A. General. The following general standards shall apply to all signs city-wide: 1. Sign Content. a. Obscene. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene or indecent matter. No sign shall display any statement, word, character, or illustration of an obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. b. Misleading. It shall be unlawful for a person to display false or misleading statements upon signs, intended to mislead the public as to anything sold, any services to be performed or information disseminated. The fact that any sign or display shall contain words or language sufficient to mislead a reasonable and prudent person in reading same, shall be prima facie 5 Boynton Beach Code evidence of a violation of this section by the person displaying the sign or permitting same to be displayed. c. Non-commercial Copy. Any sign authorized in this article may contain non-commercial copy in lieu of any other copy. However, in non-residential zoning districts, the area of a sign containing non-commercial copy shall be construed to count towards the total signage area allowed for the sign type that it most closely resembles. Any sign allowed under this article may contain, in lieu of any other message or copy, any lawful non-commercial message that does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as said sign complies with the size, height, area and other requirements of this article. 2. Computation of Sign Area. The sign area shall be expressed in square feet for each sign face. The area of each sign shall be computed as follows: a. Designed as a Freestanding Sign. The total square footage of a sign face is calculated by multiplying the height by the width of a regular rectangular area which encompasses the entire sign face area exclusive of structural supports. When designed as double-faced or multi-faced freestanding sign, the area for a sign with more than one (1) face shall be computed by adding together the area of all sign faces visible from any one (1) point. For multi-faced signs, the area shall be computed by the measurement of one (1) of the faces when: (1) Two (2) identical faces are placed back-to-back so that both faces cannot be viewed from any point at the same time; and (2) Such sign faces are part of the same sign structure and there is no more than a forty-five (45)-degree angle between the faces. b. Affixed to a Building Façade, Fence, or Wall. The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. The background area of a wall or façade on which a sign is affixed shall be excluded from the computation of sign area unless the color(s) and/or material(s) of the wall or façade is such that it visually appears or contributes to the effect of a sign or that it explicitly distinguishes itself as different or unique from the greater and remaining portion of the building façade, fence, or wall. (1) Individual Letters. If a sign consists of individual letters, each attached directly to a building or structure without a change in background color, the area of the sign shall be measured by the area of the smallest rectangle or series of contiguous rectangles that enclose all letters or non-word depictions. In addition, the horizontal separation of words shall not exceed twice the maximum letter height. The maximum vertical separation of words shall not exceed sixty percent (60%) of the maximum letter height. (2) Panel or Cabinet Style. If a sign is designed as a panel or cabinet style sign, the total area, including background is included. 6 Sign Standards 3. Cross Visibility and Safe-Sight. a. Purpose and Intent. The purpose of this subsection is to promote safety in the placement of freestanding signs (as defined in Chapter 1, Article II) and those signs posted to freestanding structures where in close proximity to rights-of-way, off-street parking areas, and other vehicular use areas. The intent is to ensure safe and unobstructed views for both pedestrians and motorists. b. Standards. The "safe-sight triangle" is the triangular-shaped area described by the Engineering Design Handbook and Construction Standards (EDHCS). All freestanding signs shall comply with the following cross visibility and safe-sight standards: (1) Visibility at Driveway Openings onto Rights-of-Way or between Properties. Unobstructed cross visibility shall be maintained in the safe-sight triangle where parking lot driveway openings and access points occur along rights-of-way or between individual properties. All freestanding signs may be allowed within the safe-sight triangle provided that unobstructed cross-visibility is maintained thirty (30) inches above the pavement, measured from the abutting right-of-way or cross-access drive, whichever is applicable. (2) Visibility at Corners of Rights-of-Way. Freestanding signs shall not obstruct cross visibility within twenty-five (25) feet of the intersection of two (2) right-of-way lines pursuant to Chapter 4, Article VIII, Section 3.C.4.u. (3) Visibility along State Roads. The placement of a sign shall not cause any traffic line-of-sight obstruction and must comply with the visibility requirements of Florida Department of Transportation (FDOT) Standard Index No. 546 or the latest supplement thereof. 4. Traffic Hazards. No sign or structure authorized by this article shall be designed and/or erected in such a manner to obstruct free and clear vision; to be confused with any authorized traffic sign, signal, or device; or to otherwise confuse motorists or pedestrians by reason of its position, shape, color, or content. For example, signs which may be confused with authorized traffic signs, signals, or devices may include but are not limited to those which makes use of the words "stop", "look", "danger", or any other word, phrase, symbol, or character that interferes with, misleads, or confuses motorists. Furthermore, no sign shall be erected, constructed, or maintained so as to obstruct any fire fighting equipment, unless otherwise approved by the Fire Marshal. 5. Wind Load. All signs and other advertising structures shall be designed and constructed to withstand weather conditions, wind and dead loads as required by the Florida Building Code or other ordinances of the city. 6. Unlawful or Unsafe Signs. If it is determined that any sign, or structure supporting a sign, regulated herein is unsafe or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of these Regulations, the city shall give written notice to the owner thereof. If the owner fails to remove or alter the sign or structure so as to comply with the standards set forth herein within the time prescribed in the notice, such sign or structure may be removed or altered to comply by the city at the expense of the permittee or owner of the property upon which the sign or structure supporting the sign is located. The city may cause any sign or structure supporting a sign which presents a direct and immediate peril to persons or property to be removed without notice to the property owner. 7 Boynton Beach Code 7. Maintenance. The owner of any sign and structure supporting a sign, as defined and regulated by this article shall be required to properly maintain such sign and structure. For a sign to be properly maintained, the sign, together with its framework, braces, angles, or other supports shall be in a safe condition, properly secured, supported and braced. 8. Overhead Clearance. A sign projecting over a pedestrian walkway shall maintain a minimum overhead clearance of nine (9) feet in height. A sign projecting over a vehicular use area shall maintain a minimum overhead clearance of fourteen (14) feet – six (6) inches in height. 9. Property Address. All properties shall be identified with the respective property address pursuant to City Code of Ordinances Part II, Chapter 10, Article IV (Property Maintenance Requirements). In addition, the following sign standards shall apply: a. Size. The numbers and/or letters associated with each address shall consist of characters which are four (4) inches for residential properties and six (6) inches for multi-family or non-residential properties. b. Computation of Sign Area. Numbers and/or letters, which are associated with the address of the property, shall not count towards the total signage area of the sign. An address sign, designed in accordance with paragraph "a" above and Section 1.E.1. above, shall be exempt from the permitting requirements of this article. However, any sign that contains the property address and is larger than two (2) square feet in area shall require a sign permit. This sign shall be regulated by the standards for the type of sign with which it most closely resembles. c. Location of Address on Monument Signs. The property address shall be included on each monument sign. The location of the address shall be centered at the top of the sign and visible from abutting rights-of-way. 10. Illuminated Signs. a. National Electric Code. All illuminated signs shall be subject to the provisions of the National Electric Code. Signs that are illuminated from an exterior source shall be designed and/or shielded in such a manner so that no direct source of light is visible from off-site. b. Prohibition in Residential Zoning Districts. All internally-illuminated signs are prohibited in residential zoning districts. Signs may be uplit from dusk until dawn but in no case shall the uplighting spill over or glare onto adjacent properties. The uplighting shall not be excessive to the extent that it would be incompatible with the existing lighting levels within the surrounding homes and neighborhoods. c. Illumination Level. Illuminated signs, support structures, and external lighting sources shall not create conditions of glare and must be designed to further the objectives of this article as they relate to safety, function, energy usage, and aesthetic value. In multiple-tenant developments, the illumination level of each sign must be consistent with each other (and abutting properties) and no one (1) sign shall be conspicuously brighter than the other so as to draw more attention to it. The illumination levels of signs within single-tenant developments shall be compatible with the lighting levels of signage on abutting properties. d. Neon Tubing, Bare Bulbs, and Miniature Lighting. Neon, bulbs, miniature lighting, CRT, LED, LCD, and similar technologies may be utilized as a component of any internally-illuminated 8 Sign Standards sign permitted in this article. However, the light source of all such signs, excluding window signs, must be completely shielded. See Section 5.C.3. below for additional community design standards regarding internally-illuminated window signs. 11. Crime Prevention Through Environmental Design (CPTED). See Chapter 4, Article III, Section 12.B. for additional regulations regarding signs and CPTED guidelines. Note: In the event any word, sentence, clause, or other portion of this section is determined invalid, then any sign otherwise allowed by this section shall comply with the requirements set forth in this code as if this section was never enacted. B. Temporary Signs. It shall be unlawful to affix, erect, locate, or maintain any temporary sign off-premises unless otherwise authorized under this subsection. Temporary signs shall be allowed in accordance with the following provisions: 1. Real Estate Sign. A temporary real estate sign is allowed on private property for the purpose of advertising the sale or lease of such property. The sign(s) shall comply with the following standards: a. Maximum Number, Size and Height (Table 4-11). Project Size Sign Area (Aggregate) – Maximum1 Sign Height – Maximum Number of Signs – Maximum Single-family and multi-family (less than 10 dwelling units) 5 s.f. 6 feet 1 per street frontage Multi-family (10 dwelling units or more) 16 s.f. 6 feet 1 per street frontage All non-residential developments2 16 s.f. 6 feet 1 per street frontage 1 Based upon the aggregate signage area of all temporary real estate signs located within a particular lot or development. 2 For the purpose of this subsection, non-residential districts include commercial, industrial, mixed-use, and miscellaneous zoning districts. b. Setbacks. A temporary real estate sign that is in excess of five (5) square feet in area shall be setback a minimum of ten (10) feet from all property lines. c. Exemptions. A temporary real estate sign that is five (5) square feet or less in area is exempt from the permitting requirements of this article pursuant to Section 1.E.4. above. d. Duration. A temporary real estate sign permit shall be valid for one hundred eighty (180) days. e. Prohibited in Required Landscape Strip. A temporary real estate sign is not allowed within the required landscape strip that abuts a right-of-way. See Chapter 4, Article II, Section 4 for additional standards regarding landscape strips abutting rights-of-way. 2013 S-41 9 Boynton Beach Code 2. Project Development Sign. a. General. A temporary project development sign or banner is allowed on properties located within planned and multi-family residential zoning districts, and for all non-residential developments, for the purpose of describing the anticipated development during the construction process. This signage typically identifies the proposed name of the development and basic information, such as its pricing, square footage, projected completion date, identification of major tenants, and the like. It may also consist of graphics, such as illustrations of the subject development. b. Maximum Number, Size and Height (Table 4-12). A project development sign or banner is allowed as a freestanding structure or it may be affixed to a temporary construction trailer. The following standards shall apply: Project Size Sign Area (Aggregate) – Maximum Sign Height – Maximum Number of Signs – Maximum Less than 10 acres 125 s.f. 15 feet1 12 Greater than 10 acres 250 s.f. 15 feet1 23 1 If affixed to the side of the temporary construction trailer, the sign or banner shall not be greater than fifteen (15) feet in height or exceed the height of the trailer, whichever is less. 2 A second sign or banner may be allowed if warranted by unique circumstances, such as the number of street frontages or access driveways; however, the aggregate signage area shall not exceed one hundred twenty-five (125) square feet within a particular development. 3 Additional signs or banners may be allowed if warranted by unique circumstances, such as the number of street frontages or access driveways, provided the aggregate signage area between all signs and banners do not exceed two hundred fifty (250) square feet within a particular development. c. Duration. The temporary project development sign permit shall be valid for one hundred eighty (180) days. No permit shall be issued until a site plan has been approved for the development. For the purpose of this subsection, the term "site plan" is construed to include master site plan and technical site plan applications. The sign or banner is subject to removal if construction has not commenced or is substantially abandoned, as evidenced by a lack of inspections and/or other pertinent conditions. The sign or banner shall be removed prior to final building inspection. 3. Construction Sign. a. General. A temporary construction sign or banner is allowed on all properties during the construction period for the purpose of advertising the active participants and stakeholders of a project. This signage typically identifies the names and phone numbers of associated developers, planners, architects, engineers, contractors, subcontractors, financiers, and the like. b. Standards. At construction sites, a temporary construction sign or banner is allowed to be installed in accordance with the following methods: 1) on the temporary security and safety fencing or other types of barriers that are required and approved by the Building Official; 2) as a freestanding structure; or 3) affixed to a temporary construction trailer. The sign or banner shall not exceed thirty-two (32) square feet in area or be greater than six (6) feet in height. However, if affixed to the side of a construction trailer, the height of the sign or banner shall not be greater than fifteen (15) feet or exceed the height of such construction trailer, whichever is less. 2013 S-41 10 Sign Standards c. Duration. The temporary construction sign permit shall be valid for one hundred eighty (180) days. No permit shall be issued until an application is submitted for a construction-related permit. The sign or banner is subject to removal if construction has not commenced or is substantially abandoned, as evidenced by a lack of inspections and/or other pertinent conditions. The sign or banner shall be removed prior to final building inspection. d. Temporary Security Fencing. Temporary security fencing around construction sites may contain screening material enhanced with lifestyle graphics, images, pictorals, wraps, photographs, or a combination thereof. However, the screening materials shall not conflict with the original intent for such fencing, mesh, or related materials, which is to offer protection from dust, debris, and other airborne particulate matter (pursuant to Chapter 3, Article V, Section 2.F.). See Section 5.C.1. below for additional community design standards regarding lifestyle graphics on temporary fencing and barriers around construction sites. 4. Banners. a. New Development. (1) A temporary banner, not to exceed twenty (20) square feet, is allowed for a maximum of one (1) year for a new multi-family residential development or non-residential use. The permit to allow for such banner shall only be issued once a certificate of occupancy has been approved for the project. (2) For multi-family residential developments and projects located in mixed use zoning districts, an additional banner of equal size and shape may be allowed, provided that both are placed at the main point of vehicular ingress/egress. This placement and symmetry may be repeated at one (1) project entrance per frontage with a maximum number of two (2) banners per entrance and maximum height of fifteen (15) feet. b. Existing Development. A temporary banner, not to exceed twenty (20) square feet, is allowed for existing multi-family developments and non-residential uses. This banner is allowed for a maximum of ninety (90) days within a one (1)-year period. c. Landscaping. Banners, if placed within the landscape strips abutting rights-of-way or perimeter landscape buffers, shall not be attached to any trees or shrubs. In these instances, banners shall be placed behind the shrub line and their location must comply with the cross visibility and safe sight standards of Section 4.A.3. above. d. Miscellaneous. All banners, regardless of location, shall be removed within twelve (12) hours upon the posting of a tropical storm or hurricane watch. Banners may be used in the following types of temporary signage: 1) project development signs; 2) construction sign; 3) special temporary sales event; 4) seasonal sales event sign; and 5) Special Event sign. The provisions of this subsection do not apply to the aforementioned type of temporary signs. See the appropriate subsections of Code and their respective regulations for each type of aforementioned sign. 5. Political Sign. With consent of the property owner, a temporary political sign is allowed on private property during the period preceding any local, state, or national election. No political sign is allowed within rights-of-way or on city-owned property. In addition, political signs shall meet the following standards: 2015 S-46 11 Boynton Beach Code a. Maximum Number, Size and Height (Table 4-13). Project Size Sign Area (per sign) – Maximum Sign Area (Aggregate) – Maximum1 Sign Height – Maximum Number of Signs – Maximum2 Single-family and multi-family (less than 10 dwelling units) 5 s.f. 20 s.f. 4 feet Multiple Multi-family (10 dwelling units or more) 5 s.f. 32 s.f. 4 feet Multiple Non-residential developments (less than 5 acres)3 5 s.f. 32 s.f. 4 feet Multiple Non-residential developments (5 acres or more)3 32 s.f. 75 s.f. 6 feet Multiple 1 Based upon the aggregate signage area of all temporary political signs located within a particular development. 2 A development is allowed to have multiple signs. However, the total aggregate signage area shall not exceed the maximum allowed within that particular development. 3 For the purpose of this subsection, non-residential districts include commercial, industrial, mixed use, and miscellaneous zoning districts. b. Setbacks. A temporary political sign that is in excess of five (5) square feet shall be setback a minimum of ten (10) feet from all property lines. c. Exemptions. A temporary political sign that is thirty-two (32) square feet or less is exempt from the permitting requirements of this article pursuant to Section 1.E.5. above. 6. Special Sales Event Sign. a. General. Pursuant to the supplemental zoning regulations (Chapter 3, Article V, Section 6), it shall be unlawful for any establishment to display retail merchandise outside a principal building without first having secured a permit for a special temporary sales event. The purpose and intent of these Regulations is to establish minimum requirements for signage related to a special temporary sales event. b. Sign Permit Required. See Chapter 2, Article II, Section 5.E. for additional regulations regarding the process for obtaining a sign permit from the Planning and Zoning Division. c. Size. The size of a sign or banner associated with a special temporary sales event shall not exceed twenty (20) square feet. d. Location. The sign or banner shall not be located within 1) the building setback; 2) landscape strip abutting rights-of-way; 3) perimeter landscape buffer; or 4) located off-premises within a 2013 S-41 12 Sign Standards right-of-way. In all instances, the location of the sign or banner shall comply with the cross visibility and safe-sight standards of Section 4.A.3. above. e. Duration. The special temporary sales event sign shall be valid for the duration of the special temporary sales event. f. Miscellaneous. (1) All signs and banners shall be removed within twelve (12) hours upon the posting of a tropical storm or hurricane watch. (2) Any property owner desiring to obtain a sign permit in order to sell Christmas trees, pumpkins, or fireworks as an accessory use would need to obtain a seasonal sales event permit, which is regulated separately in accordance with Section 4.B.7. below. 7. Seasonal Sales Event Sign. a. General. Pursuant to the supplemental zoning regulations (Chapter 3, Article V, Section 7), it shall be unlawful for any establishment or organization to display Christmas trees, pumpkins, or fireworks outside a principal building without first having secured a permit for a seasonal sales event. The purpose and intent of these Regulations is to establish minimum requirements for signage related to a seasonal sales event. b. Sign Permit Required. See Chapter 2, Article II, Section 5.A. for additional regulations regarding the process for obtaining a sign permit from the Planning and Zoning Division. c. Size. The size of a sign or banner associated with a seasonal sales event shall not exceed twenty (20) square feet. d. Location. The sign or banner shall not be located within 1) the building setback; 2) landscape strip abutting rights-of-way; 3) perimeter landscape buffer; or 4) located off-premises within a right-of-way. In all instances, the location of the sign or banner shall comply with the cross visibility and safe-sight standards of Section 4.A.3. above. e. Duration. The seasonal sale event sign shall be valid for the duration of the seasonal sales event sign. f. Miscellaneous. All signs and banners shall be removed within twelve (12) hours upon the posting of a tropical storm or hurricane watch. 8. Vehicle Display Sign. Motor vehicles displaying business names, addresses, telephone numbers, email address, website information, contractor certification numbers, logos or similar information, or which contain signage of any kind on vehicle surfaces shall not be parked or stored in the row of parking stalls or in any area within twenty-five (25) feet of the front property line for longer than four (4) hours within a twenty-four (24)-hour period. However, this type of advertising on vehicles shall not apply under the following circumstances: a. Vehicles, in the process of making a temporary delivery to a residence, establishment, or organization (i.e. U.S. Postal Service, UPS, Federal Express, DHL, Airborne, etc.); 13 Boynton Beach Code b. Vehicles used in conjunction with a special promotion and possessing a valid permit; c. Vehicles containing advertising signs which are less than eight (8) square feet in area and letters that are less than eight (8) inches in height; d. Vehicles used for public transportation; and e. Vehicles parked on private properties located in industrial zoning districts, unless parked or stored in off-street parking areas that abut an arterial or collector roadway. 9. Special Event Sign. Any sign or banner proposed in conjunction with a Special Event is regulated separately and shall comply with City Code of Ordinances Part II, Chapter 13, Article I, Section 13-20. 10. Feather Banners. a. Terms and definitions. A feather banner is a style of temporary lightweight sign comprised of partial metal or plastic frame, pole, and/or base to which a vinyl, nylon, canvas or polyester fabric sign face is attached. Depending on the shape and type of movement, such signs may also be called a “flutter,” “tear drop,” “flying,” “wing,” “bow,” “blade,” “rectangular” banner, etc. Height/size standards - A maximum height of ten (10) feet six (6) inches overall measurement including support portion of sign, and a maximum width of thirty (30) inches. b. Materials. The sign face shall be nylon, polyester vinyl or canvas and neither the sign face nor the sign frame shall contain glitter, florescent, metallic, or reflective materials. c. Number of banners. (1) Along business or shopping center frontage: one (1) feather banner per business (as evidenced by business tax receipt) per three hundred (300) feet (or less) of linear street frontage. A minimum of one (1) banner shall be allowed along the frontage if linear frontage is less than three hundred (300) feet, and banners shall not be placed along a single frontage when the property has multiple frontages. (2) Banners placed on or within five (5) feet from the building facade or supporting components: one (1) feather banner per business (as evidenced by business tax receipt). (3) Only one (1) banner (i.e., feather or fixed banner as provided for in Section 3.B.4.) shall be permitted and displayed per business at any one (1) time. d. Location. Feather banners shall not be placed within the site triangle of driveways or intersections, shall not be attached to landscaping materials, and must be placed behind the shrub row of the landscape buffer. The minimum setback shall be ten (10) feet from the property line, except that the setback may be less than ten (10) feet if still placed, as described herein, within an existing landscape buffer with a continuous hedge row. Banners shall not be placed on public sidewalks, and they shall not be placed in, or otherwise block parking spaces or drive aisles. Banner placement may not interfere with pedestrian movement. 2015 S-46 14 Sign Standards e. Duration. The maximum display period shall be ninety (90) days per twelve (l2)-month period, except that feather banner permits may be issued for one (1) additional display period contingent upon there being available space based on the maximum number of banners allowed per property as described above. In order to ensure priority treatment of first-time applicants, a permit for an additional ninety (90)-day display period may be requested after seven (7) working days following permit expiration, if there remains capacity on the property for the additional banner. If desired by a first-time applicant for a feather banner, applications shall be held by the city in queue for the next available display period based on the expiration dates of existing permits. Complete, first-time applications will be processed and held on a first-come, first-served basis. The duration period shall run for consecutive days. f. Application. An application shall be required for each banner, shall include a scaled plan or drawing that identifies the location of and setback for the proposed banner, and indicates the length of the property frontage if banner is to be placed greater than five (5) feet from the building where the subject business is located. The application shall be signed by the business owner and the property owner. g. Fee requirements. Permit applications shall be processed following the same process used for processing other zoning permits, with a fee based on reviewer wage and review time. The minimum fee for each application shall be fifty dollars ($50.00). h. Deposit. One hundred dollars ($100.00), refundable on or before the expiration of the ninety (90) day permit, provided the applicant surrenders the original permit. i. Penalties. Fifty dollars ($50.00) per day or portion of a day for each banner displayed without a permit or after the expiration of a permit. Editor’s Note-Section 5 of Ord. No. 11-030 provides that this Section 4.IV.4.B.10. shall automatically be deemed repealed as of June 6, 2012. Section 5 of Ord. No. 12-013 provides that these provisions shall automatically be deemed repealed as of June 6, 2013. Section 5 of Ord. No. 13-012 provides that the provisions of Section 4.IV.4.B.10.e. shall automatically be repealed as of June 6, 2014. Note: In the event any word, sentence, clause, or other portion of this section is determined invalid, then any sign otherwise allowed by this section shall comply with the requirements set forth in this code as if this section was never enacted. C. Permanent Signs. It shall be unlawful to affix, erect, locate, or maintain any permanent sign off-premises unless otherwise authorized under this subsection. Permanent signs shall be allowed in accordance with the following provisions: 1. Wall Sign (Affixed to Building). a. General. One (1) or more wall signs, which typically advertises the name of the establishment, organization, product, or service, are allowed on the façade of a building, provided such sign(s) and supports do not extend in excess of eighteen (18) inches off of the face of the building wall, beyond the building corner, or at all above the parapet. An exception may be made for architectural elements that provide a roofline break such as an entry feature with a minimum offset forward of the typical building wall of three (3) feet. 2013 S-42 15 Boynton Beach Code b. Maximum Sign Area (Table 4-14). The maximum allowable wall sign area is a factor of the zoning district within which a building is located and the length of such building. Specifically, it shall be based on the ratio of wall and to each linear foot of building frontage or tenant space frontage. Zoning District Ratio of Maximum Allowable Signage Area Sign Area (square feet) Building Frontage Residential Single-Family districts1 R-21 PUD1 R-32 IPUD2 CBD Industrial5 1 s.f.5 1-foot Commercial, excluding CBD Mixed Use Miscellaneous 1.5 s.f. 1-foot3, 4 1 Wall signs are allowed for nonresidential developments within the following: 1) single-family residential districts; 2) the R-2 and PUD districts; and 3) all developments containing multiple-family residential uses (in excess of ten (10) dwelling units). The cumulative signage area shall not exceed thirty-two (32) square feet. The top of the sign(s) shall not exceed the height of ten (10) feet. 2 Wall signs are allowed within all developments containing multi-family residential or non-residential uses. 3 Pursuant to Section 5.C.2. below, the maximum wall sign area may be increased by ten percent (10%) to allow for additional signage on rear façades of multiple-tenant buildings within non-residential developments. 4 For a multiple-tenant building designed as an indoor shopping mall, the maximum allowable wall sign area may be increased, provided the total signage area (per wall of a major department store or center store containing an exterior customer entrance) does not exceed ten percent (10%) of the area for each façade. 5 Non-industrial businesses allowed in an industrial zoning district on an arterial right-of-way under the zoning regulations would be allowed a multiplier of one and one-half (1.5) square foot of wall signage per one (1) foot of building frontage. c. Signs on Multiple-Story Buildings. Wall signs are allowed on upper floors of multiple-story buildings, but only in the following instances: 1) the building is designed for and contains multiple tenants or occupants, and the entrance doors for such tenants or occupants (on upper floors) are designed external to the building; or 2) the sign, which indicates the name of the building or its major tenant, is placed near the top of the building regardless of any external doors on upper floors. In both instances however, the signage is considered "wall sign (affixed to building)," and shall count toward the aggregate wall signage area. Wall signs located on upper floors, excluding the building or major tenant name as identified above, shall be located in front of each tenant space or bay. d. Community Design Standards. See Section 5.C.2. below for additional community design standards regarding wall signs. 2015 S-45 16 Sign Standards 2. Monument Sign. a. Purpose and Intent. The purpose of this subsection is to ensure order, safety, and unobstructed views for both pedestrians and motorists. The intent is to specifically prevent project signage from lowering the level of safety and aesthetic quality of the streetscape environment through appropriate and uniform restrictions on size and placement. 2013 S-42 16A Boynton Beach Code 16B Sign Standards b. Computation of Height. The methodology for measuring the height of a monument sign shall be in accordance with the definitions (see “Signs, Height” in Chapter 1, Article II). However, for the purpose of this subsection, the height shall exclude that portion of the sign devoted to displaying the property address. c. Maximum Height, Size and Number (Table 4-15). The maximum allowable sign height and area are a factor of zoning district, property size, and number of travel lanes on the abutting roadway. Use Table 4-14 below, including the corresponding footnotes to determine the regulations applicable to a given project. Note that circumstances such as compatibility with surrounding properties and project scale may warrant a reduction in total sign height and size. Zoning District Property Size (in Acres) Number of Travel Lanes in Abutting Roadway Height1– Maximum (in feet) Primary and Secondary2,3 Signs Area – Maximum (in square feet) Single- Tenant Development Multiple- Tenant Development Single- Tenant Development Multiple- Tenant Development Residential4 Any 2 5 5 16 N/A 4 or 6 5 5 32 N/A Office, Commercial, Industrial, SMU, Other <1 2 5 5 16 16 4 or 6 5 5 326 32 <2 2 5 5 32 32 4 or 6 5 5 32 40 2 to 8 2 5 5 32 40 4 6 6 40 407 6 8 8 40 407 >85 2 5 5 40 40 4 6 10 40 100 6 8 12 64 120 Mixed Use (Urban Districts) <2 2 5 5 32 40 4 5 5 32 40 6 N/A N/A N/A N/A 2 to 8 2 5 5 32 40 4 6 6 40 64 6 N/A N/A N/A N/A >8 2 5 5 32 40 4 6 6 40 64 6 N/A N/A N/A N/A 1 Circumstances, such as compatibility with surrounding properties, existing or planned character for the area, speed limits, and project scale may justify further reductions in the maximum sign heights. 2 Secondary signs shall be located along property line(s) abutting rights-of-way with secondary access. 3 For maximum height of secondary sign, see primary sign height for travel lanes of road on which the sign will front. 4 A primary or secondary monument sign is allowed for all non-residential uses or within multi-family residential developments containing at least ten (10) dwelling units. The sign shall not be internally-illuminated. 5 For indoor shopping malls, as an alternative, a four (4)-sided sign, not to exceed thirty-two (32) square feet per sign face, is allowed at each point of vehicular ingress (from a public right-of-way) into the development. 6 The maximum area of a monument sign shall not exceed sixteen (16) square feet where located on outparcels which are smaller than one (1) acre. 7 Sign area may be increased by ten (10) square feet per each additional acre of lot size greater than two (2) acres (round up at 0.5). 2013 S-41 17 Boynton Beach Code d. Setbacks. All monument signs shall be setback at least ten (10) feet from all property lines, measured from the property line to the closest surface of the sign. e. Cross Visibility and Safe-Sight. All monument signs shall comply with the cross visibility and safe-sight standards and regulations of Section 4.A.3. above. f. Property Address. The property address shall be required on each monument sign in accordance with Section 4.A.9. above. g. Project Name. Each sign shall include the name of the project or development. The name shall be located at the top of the sign just below the site address. The balance of the sign and/or copy must meet the objectives of the purpose and intent of Section 1 above (e.g. identification, aesthetics, etc.) and the community design standards of Section 5 below (e.g. compatibility, sign style, lettering, etc.). h. Changeable Copy Signs. A monument sign may contain changeable copy provided the entire sign and its support structure are designed in accordance with the following standards: (1) Size. The changeable copy component of the sign shall not comprise more than twenty percent (20%) of the sign face, unless a larger percentage is otherwise required by federal or state law. (2) Timing. The message from any changeable copy shall not change more than once in any twenty-four (24)-hour period, unless otherwise required by federal or state law. (3) Design. When a monument sign is proposed to include changeable copy, the existing or proposed sign shall be constructed of masonry, concrete-block-steel (CBS), or other comparable material so that its appearance meets the aesthetic requirements of this article. In addition, the changeable copy portion shall not interfere or conflict with the visibility of the property address, which is a required component of all monument signs pursuant to Section 4.A.9. above. The changeable copy portion of the sign shall be located at the bottom of the sign face. (4) Multi-Tenant Developments. Changeable copy is allowed on signs within multi-tenant developments provided that such copy is part of an approved sign program. (5) Lettering. The type of lettering for all changeable copy signs shall be one (1) of the following: 1) plastic channel lettering; 2) plastic card type lettering; or 3) raised wood lettering. The manufacturing of such lettering shall be of typeset (machine printed) quality. No type of freehand lettering, chalk, or chalkboard surfaces are allowed, and electronic messaging centers are prohibited pursuant to Section 3.D. above. The color of the lettering (and/or characters) within the changeable copy portion of the sign shall be similar and consistent with the lettering style of the main portion of the sign face. The maximum height of all letters, digits, and/or characters associated with a changeable copy sign shall be ten (10) inches, unless otherwise required by federal or state law. i. Miscellaneous. Signs which are affixed to a perimeter wall or fence shall be regulated as follows: 18 Sign Standards (1) Mixed-Use Development Identification Sign. Signs, which are typically affixed to security or perimeter walls of a mixed use development, are considered mixed use development identification signs and are regulated in accordance with Section 4.C.11. below. (2) Neighborhood Identification Sign. Signs, which are typically affixed to security or perimeter walls of a condominium project, residential development, or registered residential neighborhood, are considered neighborhood identification signs and are regulated in accordance with Section 4.C.12. below. j. Community Design Standards. See Section 5.C.3. below for additional community design standards regarding monument signs. 3. Directory Sign. One (1) directory sign is allowed for each street frontage of a non-residential development containing multiple tenants. The sign shall not exceed eighteen (18) square feet in area or be greater than six (6) feet in height, and must comply with the setbacks required for the principal building. Staff may support additional directory signs if justified accordingly. See Section 5.C.4. below for additional community design standards regarding directory signs. 4. Directional Sign. A maximum of four (4) directional signs, erected at points of ingress/egress are allowed within all planned and multi-family residential developments, and non-residential developments. Each sign shall not exceed four (4) square feet in area or be greater than five (5) feet in height. Staff may support additional directional signs if justified accordingly. A directional sign may be allowed off-premises, provided that the following conditions are met: a. Legal Cross-Access. The establishment, organization, or residential development does not have frontage on an arterial or collector roadway but contains legal cross-access through private property (or from a private right-of-way) to an arterial or collector roadway; b. Easements and Agreements. Recorded sign easements and agreements between property owners and/or land holders for any proposed off-premise directional sign are submitted for city review and approval. 5. Menu Board Sign. One (1) menu board sign is allowed in conjunction with a drive-through facility. Additional menu board signs may be allowed should circumstances warrant more than one (1) structure. The sign shall not exceed twenty-five (25) square feet in area or be greater than six (6) feet in height. The sign, which indicates the products or services rendered and their corresponding prices, may be designed as a single-faced freestanding structure or affixed to a building façade. If placed on the façade of a building and oriented toward an abutting right-of-way, then it is considered a wall sign and shall count toward the aggregate wall signage area in accordance with Section 4.C.1. above. In all instances, all menu board signs shall be located as far from residential properties as possible and any audio devices oriented away from such properties to the maximum extent possible in order to reduce potential impacts. 6. Awning Valance Sign. One (1) sign, located on the valance of an awning hung over each public entrance is allowed within multi-family residential (ten (10) units or more) and non-residential developments, provided the signage area does not exceed eighty percent (80%) of the valance area. An awning valance sign shall count toward the aggregate wall signage area. The sign shall not be internally-illuminated. See Section 5.C.5. below for additional community design standards regarding awning valance signs. 19 Boynton Beach Code See Chapter 4, Article III, Section 3.E. for additional design standards regarding awnings and canopies. 7. Covered Walkway/Arcade Sign. One (1) sign, not to exceed three (3) square feet in area, is allowed for non-residential uses within a multiple-tenant building that has a covered walkway or arcade on the first or upper floors. The sign shall be located in front of each public entrance and oriented perpendicular to the building façade. In all instances, the sign shall be hung with rigid mounting and all brackets and materials used must be decorative and compatible with the principal structure. The minimum overhead clearance over a walkway shall be nine (9) feet in height. 8. Blade Sign. One (1) blade sign, not to exceed four (4) square feet in area, is allowed for non-residential uses within a multiple-tenant building in accordance with an approved sign program. The sign shall be located on the wall of a building in front of each ground floor tenant space in close proximity to the public entrance and oriented perpendicular to the building façade. Additional signs are allowed if the tenant has multiple frontages and each frontage contains a public entrance. It shall be hung with rigid mounting and all brackets and materials used must be decorative and compatible with the principal structure. The minimum overhead clearance over a walkway shall be nine (9) feet in height. The projection of the blade sign shall not cause the sign to be taller than the existing building height or sixteen (16) feet, whichever is less. The sign and its support structure shall not extend more than three (3) feet from the wall. A blade sign may protrude into any required yard but it shall not extend outside the property line unless it protrudes into an abutting right-of-way and not onto private property. In this instance, the owner shall obtain all necessary permits where the blade sign protrudes beyond the property boundary and into a right-of-way. A blade sign shall not be internally-illuminated. 9. Window Sign. This subsection is intended to regulate the allowable location, size, and appearance of permanent window signs. a. Applicability. Window signs are allowed in any non-residential zoning district. For clarification, this includes any illuminated sign located inside a building within five (5) feet of a window or any sign attached to an interior display located within five (5) feet of a window, and each shall count toward the aggregate window signage area allowed on the nearest windowpane, which is regulated in accordance with Section 5.C. below. b. Exemptions. Window signs are exempt from the permitting requirements of this article if designed in stenciled or vinyl lettering and affixed to a window. However, the maximum coverage allowed for all window signs shall comply with the community design standards of Section 5.C. below. c. Restrictions. Window signs shall not be allowed for any residential use. In addition, window signs made of paper, cardboard, plywood, or the like shall be prohibited when affixed to the glass or displayed inside of the glass but not necessarily attached thereto, and which are visible from the outside. However, this does not prohibit the use of neon tubing, bulbs, miniature lighting, CRT, LED, LCD, and similar technologies, or the use of die-cut vinyl or stencil lettering applied directly to the glass. d. Community Design Standards. See Section 5.C.6. below for additional community design standards regarding window signs. 2013 S-41 20 Sign Standards e. Miscellaneous. See Chapter 4, Article VII, Section 5.E. for additional prohibitions regarding the use of neon, bare bulbs, and miniature lights that are intended to encircle or outline windows, doors, and other building elements. 10. Rear Door Business Identification Plaque. One (1) business identification plaque is allowed on the rear door(s) of each establishment or organization within a building containing a non-residential use. The sign shall not exceed three (3) square feet in area or be internally-illuminated. 11. Mixed Use Development Identification Sign. A development located within a mixed use zoning district may erect a single-faced sign on each side of any entrance. One (1) double-faced sign may be erected in lieu of two (2) single-faced signs. However, where feasible, the sign shall be incorporated into project elements such as building façades, decorative or perimeter walls, or accent features such as fountain structures or the like. a. Size. The maximum height and size of such sign(s) shall be regulated in accordance with Section 4.C.2. and Table 4-14 above. Circumstances such as project scale, traffic speed, ideal streetscape design and vision for the respective corridor, and compatibility with surrounding properties, may justify reductions in the maximum size allowed. b. Setbacks. The sign shall be setback a minimum of ten (10) feet, unless combined with other project elements as described above which may be subject to a lesser setback dimension. The sign and support structure may be allowed within a public or private right-of-way if adequate space does not exist on private property as determined by the city, and provided that it does not interfere with the maintenance of existing utilities. A sign proposed within a city maintained public right-of-way shall require approval from the Engineering Division and comply with the following: (1) No person shall begin to construct, reconstruct, repair, alter, or grade in or upon any area of public rights-of-way in the city without first obtaining a permit as provided for in Chapter 2, Article III, Section 4. (2) All traffic regulatory and warning signs shall comply with the Manual on Uniform Traffic Control Devices (MUTCD). (3) Where applicable, permits must be obtained from other agencies, including the State of Florida and/or Palm Beach County. c. Cross Visibility and Safe-Sight. All signs shall comply with the cross visibility and safe-sight standards and regulations of Section 4.A.3. above and the Engineering Design Handbook and Construction Standards (EDHCS). d. Illumination. The sign shall not be internally-illuminated. 12. Neighborhood Identification Sign. A condominium project, residential development, or registered residential neighborhood association may erect a single-faced sign on each side of any entrance. One (1) double-faced sign may be erected in lieu of two (2) single-faced signs. Where feasible however, the sign shall be incorporated into project elements such as building façades, decorative or perimeter walls, or accent features such as fountain structures or the like. 21 Boynton Beach Code a. Size. The maximum height and size of such sign(s) shall be regulated in accordance with Section 4.C.2. and Table 4-14 above. Circumstances, such as compatibility with surrounding properties, speed limits, and project scale may justify reductions in the maximum size of each sign. b. Setbacks. The sign shall be setback a minimum of ten (10) feet, unless combined with other project elements as described above which may be subject to a lesser setback dimension. The sign and support structure may be allowed within a public or private right-of-way if adequate space does not exist on private property as determined by the city, and provided that it does not interfere with the maintenance of existing utilities. A sign proposed within a city maintained public right-of-way shall require approval from the Department of Public Works and comply with the following: (1) No person shall begin to construct, reconstruct, repair, alter, or grade in or upon any area of public rights-of-way in the city without first obtaining a permit as provided for in Chapter 2, Article III, Section 4. (2) All traffic regulatory and warning signs shall comply with the Manual on Uniform Traffic Control Devices (MUTCD). (3) Where applicable, permits must be obtained from other agencies, including the State of Florida and/or Palm Beach County. c. Cross Visibility and Safe-Sight. All signs shall comply with the cross visibility and safe-sight standards and regulations of Section 4.A.3. above and the Engineering Design Handbook and Construction Standards (EDHCS). d. Illumination. The sign shall not be internally-illuminated. 13. Nameplate or Identification Plaque. One (1) nameplate or identification plaque with non-commercial copy is allowed in all zoning districts, provided that it does not exceed two (2) square feet in area. This sign typically indicates the name of occupants residing on the premises but also may be used to identify buildings and/or structures of cultural or historical significance, and is not intended to be an alternate method of advertising for a non-residential establishment or organization. It may also include signage associated with a live/work unit in conjunction with an applicable sign program. The nameplate or identification plaque shall not be internally-illuminated. Note: In the event any word, sentence, clause, or other portion of this section is determined invalid, then any sign otherwise allowed by this section shall comply with the requirements set forth in this code as if this section was never enacted. D. Special Signs. The following special signs shall be allowed in accordance with the following provisions: 1. Civic and Not-for-Profit Directional Sign. For the purposes of providing a convenience and benefit for the traveling public, a maximum of two (2) off-premise signs are allowed for a civic and fraternal organization, church, or recreation facility. Each sign, which shall not exceed twelve (12) inches by eighteen (18) inches, may be affixed to a post or other approved structure at intersections of public rights-of-way, and at a maximum of one (1) sign per organization or facility at any given intersection. A maximum of three (3) different civic and not-for-profit directional signs are allowed per post or supporting structure. 22 Sign Standards All signs and posts shall be reviewed by the City Engineer where proposed within city maintained public rights-of-way. In all instances, the applicant shall bear the cost to construct the sign in accordance with city specifications. The city will provide the post and install the sign at a fee set by the city, which shall be paid for by the applicant. The city shall maintain the sign for safety purposes only and may remove it at no expense to the applicant should it become illegible or unsafe. The signs shall not be illuminated. 2. Transit Shelter Sign. Signs on city transit stop shelters may be allowed when authorized by written agreement approved by action of the City Commission pursuant to the provisions of Florida Statutes. When so authorized by the City Commission, the following standards shall apply: a. Location. Signs placed on city transit stop shelters shall only be allowed at city transit stops designated or approved by the city. A transit shelter, proposed on private property or within the right-of-way, shall be located and designed in accordance with Chapter 4, Article III, Section 10.B. b. Number. Not more than one (1) bus shelter displaying signage or intended for the display of signage shall be allowed at a city transit stop. c. Elevation. Display space on bus shelters shall be limited in location and size to the side or rear wind screen panels. d. Exemption. Pursuant to Section 1.E.6. above, a bus shelter sign shall be exempt from the permitting requirements of this article, provided the Building Official determines that compliance with the Florida Building Code is not required. 3. Newsracks. Newsracks shall have no signage or advertising except for that which is allowed in accordance with City Code of Ordinances Part II, Chapter 15, Article VI. 4. Murals. a. Purpose. Murals, as defined in Chapter 1, Article II, are intended to improve the value and aesthetic appearance of the city, contribute to community identity and redevelopment, foster cultural identity and preserve history, and may be used to enhance blank walls that are visible to the public, all the while respecting community standards relative to decency and obscenity. b. Standards. Murals shall be applied in accordance with the following design criteria: (1) Murals shall be applied utilizing weather resistant paint or materials; (2) Murals shall not contain any obscene, indecent, or immoral content; (3) Murals shall not be designed as to constitute or create a traffic hazard; and (4) Murals shall only be allowed on building façades. c. Review Process. Any new mural or any modification to an existing mural shall require site plan review (Chapter 2, Article II, Section 2.F.). In addition, the Arts Commission shall review each new mural or modification to an existing mural to ensure the enhancement of the city’s aesthetic, historic, cultural, and economic value, and the preservation and protection of works of art. 2013 S-41 23 Boynton Beach Code Note: In the event any word, sentence, clause, or other portion of this section is determined invalid, then any sign otherwise allowed by this section shall comply with the requirements set forth in this code as if this section was never enacted. 5. Electric Vehicle (EV) Charging Station Sign. a. Each public EV charging station shall have at least one (1) posted sign displaying operational information such as voltage and amperage levels, hours of use, fees, safety information and penalties related to a misuse, and it must be approved by the city. b. Directional signs for EV charging stations may be allowed, provided that each complies with Section 4.C.4 above, except that the size and style shall not exceed that which is allowed in accordance with the Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) 2009 edition or latest supplement thereof. In addition, a maximum of two (2) off-premises directional signs located within public rights-of-way may be allowed. All signs associated with EV charging stations, if proposed within rights-of-way, shall comply with the permitting and processing requirements of the city and any other entity having jurisdiction over the subject right-of-way. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-024, passed 10-4-11; Am. Ord. 11-030, passed 12-6-11; Am. Ord. 12-002, passed 3-6-12; Am. Ord. 12-013, passed 7-17-12; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 13-012, passed 6-4-13; Am. Ord. 15-005, passed 3-2-15; Am. Ord. 15-015, passed 6-16-15) 2015 S-46 24 Sign Standards Sec. 5. Community Design. A. General. 1. Purpose and Intent. The aesthetic quality of a building or an entire neighborhood is materially a factor of the level of visual harmony between signs, support structures, project architecture, and adjacent surroundings. In addition to the mechanical limitations on signs imposed by this section, there are certain aesthetic considerations that must be met, and therefore signs are subject to review by the Planning and Development Board and City Commission, when required. 2. Administration. The Director of Planning and Zoning or designee shall have the authority to coordinate, interpret, and administer this section. 3. Applicability. The provisions of this section shall apply to all new signs, excluding single-family and duplex dwelling units within single-family or two-family residential zoning districts. 4. Relief from Standards. Any deviation from these community design standards shall require approval of a community design plan appeal (CDPA) application, which is subject to review and approval by the City Commission. A request for a CDPA shall be reviewed in accordance with Chapter 2, Article II, Section 4.B. B. Community Design Standards for All Signs. 1. Compatibility. Signs shall be designed and treated as part of the architecture of buildings and structures. Freestanding signs and other site signs shall be compatible with and contain the same architectural elements and repeating features that are used on buildings throughout the development. All signage, including its color and scale, shall be compatible with the architecture of the building or structure on which it is affixed or attached. The overall effect of the lettering, configuration, or color of a sign shall not be too bright, garish, gaudy, showy, glaring, and/or cheaply brilliant or involving excessive ornamentation. Garish signs are not in harmony with and are not compatible with the building or adjacent surroundings. 2. Color. Sign colors and supporting structures and/or materials shall be complementary to the colors of the development. Excessive use of large areas of several colors can create competition for the eye and significantly reduce readability. All signs, including those associated with nationally registered tenants and those within a sign program, shall be limited to a maximum of four (4) different colors for the entire development, inclusive of black and white. In addition, the background color of a wall sign shall be considered a sign color and count towards the aggregate number of colors allowed on a sign. This restriction also includes the background color of any "cabinet-style" sign. However, in all instances, colors of registered logos and icons shall be excluded from this limitation. 3. Letter Size. Sign lettering shall be easy to read and in scale with the building or tenant space on which it is located. The sign copy shall be designed and based, in part, on the average distance and average travel speed of the viewer. Sign messages oriented towards pedestrians may be smaller than those oriented towards automobile drivers. A sign message shall be easily recognized and designed in an uncrowded, clear, unambiguous, and concise manner, so that a viewer can perceive what appears on the sign. In order to maximize readability and legibility, it is discouraged to advertise on a wall or freestanding sign, in an excessive manner, the phone or fax number, email address, or a particular project or service, in conjunction with the name of the establishment or organization. 2012 S-40 25 Boynton Beach Code 4. Letter Style. The number of different lettering styles on tenant signage on multiple tenant buildings and their outbuildings and outparcels shall be limited to one (1) in addition to the lettering styles of the nationally registered copy of all tenants located within the building and its outbuildings and outparcels. C. Community Design Standards for Specific Types of Signs. 1. Graphics on Fences and Barriers around Construction Sites. At construction sites, signs and graphics are allowed on temporary security and safety fencing or other types of barriers that are required and approved by the Building Official. The temporary fencing may contain screening material enhanced with graphics, images, pictorals, wraps, windscreens, digital prints, photographs, or a combination thereof, provided that such enhancements are not intended to be an alternate method of advertising other than identifying the name of the development, and does not create a diversion or distraction to passing motorists (also see Chapter 3, Article V, Section 2.F.). See Section 5.D. below for additional community design standards regarding the maximum allowable size of logos and icon proposed on signs on fences and barriers around construction sites. 2. Wall Sign (Affixed to Building). a. Scale. Signage on buildings shall be anticipated during the site plan approval process in order to incorporate them properly into project architecture. Signs shall be accommodated on the façade to prevent them from conflicting and/or overcrowding with a building's architectural features and enhancements. b. Type of Sign. A single sign style (such as cabinet, channel, reverse channel) shall be used for wall signage on all buildings on a site. Channel and reverse channel letter style are preferred in lieu of cabinet signs. c. Scale. A wall sign (and corresponding sign band) shall be in scale with the building, as well as with signs on the same building and buildings and structures on adjacent properties. Signs consisting of multiple words may be stacked (in rows) to maintain the appearance as a single sign (and sign band), but the sign band of a stacked sign shall be in scale with the sign band of non-stacked signs, except in those instances where a building façade has been intentionally designed or modified to accommodate a larger size sign band for a nationally registered anchor tenant (within multi-tenant developments). However, in no case shall any sign exceed the size limitations as provided for in other sections of this article. d. Signs on Rear Façades. The maximum area of wall signs shall be based on the standards specified in Section 4.C.1. above. However, the maximum size may be increased by ten percent (10%) to allow for additional signage on rear façades of buildings within non-residential and mixed use developments. Factors to justify additional signage include but are not limited to 1) the visibility of rear façades from rights-of-way; 2) existence of off-street parking and other vehicular use areas; 3) building orientation and site design; and 4) pedestrian access and connectivity. e. Logos and Icons. See Section 5.D. below for additional community design standards regarding the maximum allowable size of logos and icons when proposed in wall signs. 3. Monument Sign. The base of all freestanding signs shall have landscape material installed in accordance with Chapter 4, Article II, Section 6.I. See Section 5.D. below for additional community design standards regarding the maximum allowable size of logos and icon proposed on monument signs. 2012 S-40 26 Sign Standards 4. Directory Sign. To ensure the safety of vehicular traffic on the city's rights-of-way and to further the legibility requirements of this section, the monument sign for a project shall not be designed to resemble a directory sign, with the inclusion of numerous tenant names in small font. Directory signs are the preferred method of advertising multiple listings or tenants, and are accommodated by these Regulations. Such directory signs are located internal to a site to avoid confusing a motorist and causing a traffic hazard on the abutting roadway. See Section 5.D. below for additional community design standards regarding the maximum allowable size of logos and icon proposed on directory signs. 5. Awning Valance Sign. The letters and characters within the sign shall be no greater than six (6) inches in height. See Section 5.D. below for additional community design standards regarding the maximum allowable size of logos and icon proposed on awning valance signs. 6. Window Sign. The intent of this subsection is to encourage the use of window signs to promote a traditional "main street" appearance in storefronts, particularly for business establishments that are an integral component of a pedestrian-friendly streetscape environment. The design of window signs, including font, point size, and layout should be tasteful, nostalgic, and comply with the following standards: a. Location. Signs are allowed on windows that are located on the ground (first) floor and where such windows are visible from pedestrian walkways. b. Size. On the entrance door or window located closest to the public entrance/exit door, the size of the sign shall not exceed twenty percent (20%) of the window area, unless an internally-illuminated sign is proposed, in which case, it may not exceed three (3) square feet in area. For clarification, if two (2) windowpanes are located on each side of a public entrance, only one (1) shall be allowed to have the maximum twenty percent (20%) coverage. For all other windows, the size of the sign shall not exceed three (3) square feet in area, regardless of the location or sign type. c. Logos and Icons. See Section 5.D. below for additional community design standards regarding the maximum allowable size of logos and icons when proposed in window signs. D. Community Design Standards for Logos and Icons. 1. General. Logos, trademarks, insignias, emblems, and other non-word depictions shall be considered signage. 2. Maximum Percentage and Size (Table 4-16). The maximum size of each non-word depiction (i.e. logos, graphic icons, illustrations, etc) of a sign shall not exceed twenty percent (20%) of the sign erected, except for as follows: 2013 S-41 27 Boynton Beach Code Type of Sign Maximum Percentage of Sign Erected Wall 20%1 Monument 100% Directory 20% Directional 100% Awning Valance 100%2 Covered Walkway/Arcade 100% Blade 100% Window 20%3 Rear Door ID 100% Any other type of other lawful sign 20% 1 If greater than twenty percent (20%) of the sign erected, the non-word depiction shall not exceed nine (9) square feet. Only one (1) logo or icon is allowed per building elevation (per tenant). 2 The non-word depiction shall not exceed six (6) inches in height. 3 If greater than twenty percent (20%) of the sign erected, the non-word depiction shall not exceed three (3) square feet. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12) Sec. 6. Sign Program. A. General. 1. Purpose and Intent. The purpose of this section is to create a comprehensive set of design standards applicable to all signage within a multi-tenant development. The intent is to promote uniformity and compatibility between multiple signs (within a single development) and with project architecture, in order to maximize the aesthetic character and overall quality of the development. 2. Applicability. A sign program shall be required for all sign types within non-residential and mixed use developments containing multiple tenants. The sign program shall be processed in accordance with site plan review. The sign program shall regulate every type of permanent sign proposed within the development. 3. Permits Required. No permit shall be issued for an individual sign within a development containing multiple tenants, unless the sign conforms to the approved sign program. If a sign program has not yet been approved, the proposed sign shall incorporate the desired design features and characteristics of the majority of signs within the development. 4. Relief from Standards. Any deviation from the requirements of this section shall require the submittal of a community design plan appeal (CDPA), which is subject to review and approval by the City Commission. A request for a CDPA shall be reviewed in accordance with Chapter 2, Article II, Section 4.B. 2013 S-41 28 Sign Standards B. Standards. The sign program shall consist of a set of standards, including but not limited to the sizes, number, locations, materials, lettering (size and font), and colors to be used within the development. All aspects of the sign program shall be in compliance with the requirements of this article. C. Review Process. A new or proposed modification to an existing sign program shall be reviewed in accordance with Chapter 2, Article II, Section 2.E. (Ord. 10-025, passed 12-7-10) Sec. 7. Nonconforming Signs. A. General. A sign, which does not conform to the requirements of this article, shall be deemed nonconforming. A nonconforming sign cannot be modified (excluding re-lettering or change of copy) unless the modification brings the sign into compliance with all sections of this article, or as outlined in Section 7.B. below. B. Nonconforming Freestanding Signs at Shopping Centers. The city's objectives to improve the visual aesthetics, appearance, and economic vitality of multi-tenant properties along city thoroughfares will permit property owners to modify nonconforming freestanding signs at shopping centers beyond the limitations contained within Section 7.A. above, in conformance with the following requirements: 1. The shopping center shall have an adopted sign program in place, or adopts a sign program as part of this process. 2. A request for an amendment to the existing sign program is approved. 3. The amended sign program will allow improvements to the existing sign structure(s) which do not increase the mass of the sign (i.e. height, length, width), including removal, repair and/or replacement of sign cabinets. 4. The proposed improvements will bring the sign into further compliance with the sign regulations, and improve the aesthetics of the sign. 5. As part of the city's economic development initiatives, additional sign square footage, also known as "copy area," may be added to the sign in instances when aesthetic improvements and required landscape improvements are made to, and immediately surrounding the sign, and in situations where the additional signage does not increase the mass of the sign (i.e. height, length, width). 6. The amount of future repairs of the newly renovated sign that the property owner will be allowed to complete will be an amount not to exceed fifty percent (50%) of the new value of the sign, as determined by a licensed sign contractor and confirmed by staff. The regulations contained in Chapter 4, Article IV, Section 7.B. above are not intended to allow removal and reconstruction of the sign in entirety, as such a situation would require the sign to come into compliance with current sign regulation. C. Repair or Removal. Any nonconforming sign and corresponding support structure that is damaged or otherwise in need of repair, to such an extent that the cost of repairing the sign equals fifty percent (50%) 2015 S-45 29 Boynton Beach Code or more of the original cost of the sign, then its classification as a "nonconforming" sign under this section shall be automatically revoked and either repairs be made so that such sign shall meet all the requirements of this article or said sign shall be removed from the property. Furthermore, any nonconforming sign and corresponding support structure shall be removed by the owner, agent, or person having beneficial use of the building, structure, or premises, where such sign may be found if a bona fide establishment, organization, or residential development ceases its operation or occupancy for more than six (6) consecutive months. D. Annexation of Nonconforming Freestanding Signs. 1. Billboard. Any property located in unincorporated Palm Beach County, which is considered for annexation into the city, shall have its billboard sign removed prior to annexation, unless otherwise approved by the City Commission. In such instances, the City Commission may grant an extension to the time period allowed for removing the billboard sign. 2. Monument, Pylon, and Pole Sign. Any freestanding monument, pylon, pole, or similar type of sign located on a property that is proposed to be annexed into the city shall comply with all provisions of this article within six (6) months following the date of such annexation. Any signs subject to this requirement shall be documented by the city in any applicable ordinance, development order, or annexation agreement. (Ord. 10-025, passed 12-7-10; Am. Ord. 15-005, passed 3-2-15) Sec. 8. Abandoned Signs. When an establishment, organization, or service is discontinued, all signs relating to such establishment, organization, or service shall be removed within six (6) months from the date of discontinuance. The sign structure may remain in place if the sign text is not visible, provided the sign text is covered with an approved durable material. Failure to so remove such a sign shall subject the sign to removal and disposition pursuant to the provisions of this article. (Ord. 10-025, passed 12-7-10) Sec. 9. Penalties. 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. (Ord. 10-025, passed 12-7-10) 2015 S-45 30 Minimum Off-Street Parking Requirements ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Sec. 1. General. A. Purpose and Intent. The purpose of this article is to provide accessible, attractive, secure, properly lighted, well-maintained, and screened off-street parking facilities for the citizens and visitors of the city. It is the intent of these Regulations to ensure the provision of off-street parking in proportion to the typical and daily demand created by various businesses located downtown and in the suburban areas. It is also the emphasis of this article to promote efficient use of land and redevelopment through promotion of cross-parking and interconnectivity, shared parking and necessary reductions to consider alternative parking resources and redevelopment initiatives. B. Administration. The Director of Planning and Zoning or designee shall have the authority to interpret and administer this article. C. Applicability. The provisions of this article shall be considered the minimum standards and are applicable to all new construction projects or modifications to existing sites. D. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. E. Conflict. Whenever the regulations and requirements of this Code are at conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. F. Relief from Standards. Unless described otherwise, any deviation from the parking standards contained herein shall require approval of a variance application, which is subject to review and approval by the City Commission. A request for a variance shall be reviewed in accordance with Chapter 2, Article II, Section 4.D. (Ord. 10-025, passed 12-7-10) Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use, plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot, parking space requirements shall be computed separately for each principal use, unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together, this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. 1 Boynton Beach Code c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1) building or part of a building, and the floor area of each principal use cannot be clearly delineated, the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction, the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below, there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements, and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces, the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer than four (4) parking spaces shall be provided for any non-residential use. 3. Location of Off-Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than three hundred (300) feet distance, unless the property is located within those areas defined within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred (300) feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. 2013 S-42 2 Minimum Off-Street Parking Requirements B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Single-family, duplex dwelling, or mobile home: 21 Efficiency or one (1)-bedroom apartment: 1.51,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661,2 Dormitories: 1 per unit Hotel & motel suite: 1.25 per unit5 Within mixed use high district: 1 per unit Group home (types 1 through 4): 1 per 3 beds Bed & breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages, provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2, Article II, Section 5.B.; however, any driveway expansion (or similar impervious surface) that is equal to or greater than eight hundred (800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway, proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3) or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1) parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 4 In addition to the required parking for the residential unit, the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 5 Hotel/motel uses open to the general public, such as a restaurant or lounge, shall provide parking at a rate of fifty percent (50%) of the requirement of a standalone operation. 2015 S-45 3 Boynton Beach Code C. Table 4-18. Commercial and Office & Health Care Uses. Where a use is located in a shopping center, office building, or office-retail complex, the parking space requirement for the shopping center, office building, or office-retail complex in which it is located shall apply; except that where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or gross floor area of the theater (see "theater" in Section 3.D. below). Commercial and Office & Health Care Uses Standard Number of Required Parking Spaces Building area is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any non-residential use (minimum): 4 or 1 per 200, whichever is greater1 Shopping center: 1 per 200 Office-retail complex: 1 per 200 Restaurant: 1 per 2.5 seats - no less than 1 per 1002 Bar & night club: 1 per 2.5 seats - no less than 1 per 100 Gasoline station: 1 per 2503 Grocery store: 1 per 200 Auto car wash (polishing, waxing, detailing) Automated (no employees): N/A Full-service: 4 per tunnel4 Auto car wash, self-service bay: 2 per bay Auto/motorcycle/truck, trailer, rec. vehicle sales/rental: 1 per 5005 Automotive, repair major and minor 1 per 2507 Automotive, repair (paint and body shops only): 1 per 3008 Boat dealer/rental: 1 per 5006 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 Furniture and home furnishings: 1 per 500 Hospital: 1 per 2.5 beds Taxi, limousine, and charter bus: 1 per 300 Nursery, garden, and farm supply: 1 per 2,000 of outdoor nursery area9 Travel agency: 1 per 300 Showroom warehouse (single-product line) 1 per 50010 2014 S-43 4 Minimum Off-Street Parking Requirements Commercial and Office & Health Care Uses Standard Number of Required Parking Spaces 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 twenty percent (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 twenty percent (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 seventy-five (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 ten thousand (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 two hundred fifty (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. 2014 S-43 5 Boynton Beach Code D. Table 4-19. Arts, Entertainment, and Recreational Uses. Arts, Entertainment, and Recreational Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any non-residential use (minimum): 4 or 1 per 200, whichever is greater1 Swimming pool: 1 per 50 (water area) Ice and roller skating rink: 1 per 100 (rink area)2 Indoor athletic court: 1 per 1,800 (court/adjoining paved area) Outdoor athletic court: 1 per 1,500 (court/adjoining paved area) Golf course: 8 per hole Miniature golf course: 1.5 per hole Bowling alley: 1 per 2502 Gym, fitness, and health club: 1 per 3002 Martial arts, gymnastics, and dance studio: 1 per 200 Arcades, pool halls, and other indoor amusement places: 1 per 1002 Marina, including yacht club: 1 per boat slip3 Marina without commercial vessels 1 per 5 wet or dry storage slips, and 1 per 500 of boat sales showroom Museum: 1 per 300 Shooting range, indoor 1 per 250 Sightseeing & scenic tours: 1 per 3 seats4 Rentals, recreational (bicycles, canoes, personal watercraft): 1 per 200 Residential recreational/amenity area: 55 Theaters, auditoriums, meeting rooms, and other places of assembly: 1 per 4 seats6 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 Parking space requirements may be computed separately for floor area occupied by other uses (i.e. athletic courts, swimming pools, restaurants, bar, amusement arcade, pool halls, or other principal uses for which parking space requirements are listed in these Regulations). 3 Plus required parking spaces for any other principal uses, including hotels and motels, restaurants, retail floor area, charter boats, sightseeing boats, drift fishing boats, and outdoor lots occupied by boats for sale or for rent. 4 One (1) space per three (3) seats on each boat/vehicle but not fewer than two (2) parking spaces per boat/vehicle. 5 A mix of five (5) parking spaces, plus one (1) additional space per three hundred (300) square feet of gross floor area of office use for leasing or management purposes located in recreation buildings or separate structures (handicapped spaces should be pursuant to ADA requirements). A greater or lesser number of parking spaces may be imposed or allowed by the Director of Planning and Zoning or designee, depending on the size, location, and characteristic such recreational or amenity area. 6 Not less than one (1) space per one hundred (100) square feet of gross floor area. 2013 S-41 6 Minimum Off-Street Parking Requirements E. Table 4-20. Industrial Uses. Industrial Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any non-residential use (minimum): 4 or 1 per 200, whichever is greater1 Beverage and/or food manufacturing: 1 per 5002 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 Multi-tenant building, multi-use: 1 per 5003 Single-tenant building, single-use: 1 per 8003 Warehouse, dead-storage 1 per 1,000 Warehouse, internet sales 1 per 7004 Storage, self-service (limited and multi-access): 1 per 75 bays5 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 Plus one (1) space per 300 square feet for that portion of an accessory tasting room that exceeds 20% of the gross floor area of the establishment. However, in no case shall the size of a tasting room equal or be greater than 50% of the gross floor area. 3 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 twenty percent (20%) of a single-tenant building or twenty percent (20%) of each bay within multi-tenant buildings. Additional parking shall be required at a ratio of one (1) space per three hundred (300) square feet for any accessory office floor area that exceeds twenty percent (20%) of the building/bay(s). 4 Plus one (1) space per five hundred (500) square feet of area devoted to showroom/auction room. 5 Plus one (1) space per three hundred (300) square feet of office space plus two (2) security spaces, if applicable. 2014 S-43 7 Boynton Beach Code F. Table 4-21. Educational Uses. Educational Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Day care: 1 per 300 School, primary: 1 per 500 School, secondary: 1 per 100 College, university, or seminary: 1 per 150 Educational uses not listed elsewhere: 1 per 200 G. Table 4-22. Public and Civic Uses. Public and Civic Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any non-residential use (minimum): 4 or 1 per 200, whichever is greater1 Church: 1 per 4 seats2 Organization, civic & fraternal: 1 per 100 Governmental and civic uses: 3 Wireless communication facility and utility substation: 4 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 Not less than one (1) space per one hundred (100) square feet of gross floor area for the auditorium, plus required parking spaces for any other principal uses, including offices, classrooms, meeting rooms, recreation facilities and dwellings. 3 Government owned and operated uses including city hall campuses combining multiple offices and services; libraries; community and recreation centers; park facilities; utility operations; and essential services: the standards herein for like uses shall be used as a guide for designing public facilities, as well as proximity to other adjacent public uses and parking, special geographic needs, employees, and proximity to residents and potential customers. Required parking for park facilities shall be determined by the Director of Recreation and Parks or designee based upon the Recreation and Parks Department Strategic Plan. 4 A minimum parking requirement shall not be applicable to wireless communication facilities or utility substations. Access and parking areas, separate from public or private roadways, must be provided for each project and may utilize parking or circulation areas provided as part of a principal use. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 13-025, § 3, passed 10-1-13; Am. Ord. 13-029, § 2, passed 11-19-13; Am. Ord. 15-004, passed 3-2-15) 2015 S-45 8 Minimum Off-Street Parking Requirements Sec. 3. Special Reductions in Required Off-Street Parking. The following provisions to reduce the number of required off-street parking spaces shall be utilized individually and not in conjunction with each other or with any other provisions to reduce parking within this article. NOTE: Calculation of needed handicap accessible off-street parking spaces shall be pursuant to the base parking requirements and not based on the reduced parking requirements described by this section for which a project may be eligible (also see Section 5 below regarding Handicap Accessible Off-Street Parking). A. Minimum Parking (Five Percent (5%) Reduction). For all non-residential uses, the total number of required off-street parking spaces may be reduced by up to five percent (5%) of the standard number of required parking spaces for the use(s) to which they are assigned. 1. Applicability. This provision to reduce the standard number of required parking spaces shall only apply when the following conditions are met: a. The reduction in the number of parking spaces shall not cause the development to be noncompliant with Section 2.A. above; b. Shall only apply to non-residential uses; and c. Shall not be applied in conjunction with other provisions to reduce the number of required off-street spaces pursuant to this article. 2. Criteria. The following criteria shall be used in the evaluation of a request to reduce the standard number of required parking by five percent (5%): a. Landscaped areas within off-street parking areas shall be maximized and enhanced, and existing plant material, particularly mature shade trees should be preserved to the maximum extent possible, to help reduce ground-level absorption of solar radiation; b. Impervious surfaces shall be minimized; and c. Pedestrian connections shall be enhanced. 3. Methodology. Where the reduction in the number of required parking spaces as computed includes a fraction, the reduced number of parking spaces shall be the computed number rounded down to the lowest whole number. B. Joint Access/Parking. In all districts, when two (2) or more abutting properties combine their on-site parking with common access drives and interconnectivity for both vehicular and pedestrian use, the total number of required parking spaces may be reduced by ten percent (10%). A review for this type of parking reduction shall be conducted by staff upon the submittal of a cross-parking agreement between property owners in conjunction with a request for a new site plan or site plan modification in accordance with Chapter 2, Article II, Section 2.F. C. Shared Parking. Mixed use developments may utilize the following required parking methodologies based upon shared parking with different hours of use. The total requirement for off- street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time 2015 S-45 9 Boynton Beach Code periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be calculated and certified by a licensed traffic engineer using "Shared Parking, Second Edition", U.L.I., 2005, or other acceptable methodology. Quantitative evidence may also include, where appropriate, field studies and traffic counts prepared by a traffic consultant experienced in the preparation of parking studies. In addition, a minimum buffer of ten percent (10%) shall be provided to ensure that a sufficient number of parking spaces are available at the peak hour/peak season of parking demand. Calculation of said buffer shall be based on the total number of parking spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required parking spaces shall be reviewed for accuracy and appropriateness. D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated in accordance with Section 2 above and shall be reduced by fifty percent (50%). E. Payment in Lieu of Parking. The payment in lieu of parking option is applicable within the central business district (hereinafter CBD) and those areas described under Section 4, "Exceptions to Providing Required Off-Street Parking," A. "Adaptive Re-Use," below. 1. Applicability. Within these areas at the time of any new building construction, off-street parking spaces shall be provided as required by this article and Chapter 3, Article III, Section 3.E. 2. Fee (Method of Assessment). Up to ten percent (10%) of the required parking for new construction and twenty-five percent (25%) of the parking required under the adaptive re-use provisions below in Section 4, as set forth in this subsection, may be satisfied in whole or part by the payment of a non-refundable parking improvement fee in lieu of the provisions of the required off-street parking spaces. Parking improvement fees shall be assessed as follows: The engineer for the applicant shall submit a signed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces, including design, land, and construction cost. If necessary, an outside professional may be retained by the city to review the applicant's cost estimate. The applicant shall pay the retainer fees associated with the review of the cost estimate by the city's consultant. Once reviewed and accepted by the City Engineer or designee, the parking improvement fee in the amount of one hundred ten percent (110%) of the estimate shall be paid to the city in full, prior to the issuance of the first building permit for the project. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the city for parking related improvements in the geographic areas to which this subsection applies. 3. Additional Requirements. Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: a. Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. No refund of payment shall be made when there is a change to a use requiring less parking. 2015 S-45 10 Minimum Off-Street Parking Requirements 4. Parking Trust Fund. In addition to land acquisition and the construction of parking spaces, the funds collected may be used to inform the public about parking resources or transit programs, as well as to promote alternative programs intended to alleviate parking congestion, such as the use of a trolley or shuttle system or the construction of bicycle lane facilities. F. Ocean Avenue Overlay Zone. See Chapter 3, Article III, Section 8.D. for additional off-street parking provisions regarding the Ocean Avenue Overlay Zone. G. Parking Reductions for Sustainability. To promote or recognize sustainable design or operation, including increased pervious area, reduced parking fields, promotion of mass transit and uses of renewable energy sources, lower parking requirements will be granted to eligible developments as follows: Use Minimum Number of Required Parking Spaces Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (1)-bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping center 1 per 250 Office - Retail complex 1 per 250 Grocery store 1 per 250 (Reserved) (Reserved) 1. Applicability. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one-half (1/2) mile from a regional transportation facility (e.g. Transit Area), or within five hundred (500) feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. 2. Application and Development Requirements. Requests for parking reduction must occur at time of site plan review, and must include a parking demand study prepared by a professional engineer and/or based on findings from an existing development or other comparable projects experienced by the applicant that include, in part, projects designed to meet lower parking requirements as allowed by this section. The study must provide evidence that the project would not be deficient of parking, that the reduced ratios would not adversely affect the project in any way, or increase the demand for parking spaces upon public streets in the immediate vicinity, or would not increase the demand for parking spaces on private properties in the immediate vicinity unless in conjunction with an approval for shared parking pursuant to city regulations. Eligible applicants must demonstrate that proposed parking design or resources would be adequate, and shall satisfy the following requirements meeting sustainable design and operation (where basic mathematical calculations are involved, rounding will be based on the traditional mathematical rule): a. Describe, in quantifiable terms, how the project provides an increase in green space (pervious area) which otherwise would be paved for parking spaces. 2015 S-45 11 Boynton Beach Code b. Accommodate fuel efficient vehicles through provision of covered and well-illuminated locations with apparatus for parking and locking of bikes and low-powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close proximity to the destination of the residents, employees, or visitors. c. No more than three percent (3%) of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. d. No more than ten percent (10%) of the required parking spaces are represented by spaces dedicated to compact vehicles, and disbursed throughout the project to maximize accessibility and convenience. e. Provide efficiency in parking design including consideration for space-conserving tandem spaces when functionally feasible. f. Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand (50,000) square feet for non-residential developments in excess of seventy-five thousand (75,000) square feet). g. Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off-set the realized deficiency. i. Facilitate a ride-sharing/car pool program by screening, recording and maintaining participants' travel destination information, schedules and routes for controlled access by residents and employees. j. Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. k. Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee-based. Residents should be polled for interest. l. Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. m. Provide the following information to residents at time of lease, and post it on a permanent sign visible from a common location and at entry to the management office: "This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low-powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information". 2015 S-45 12 Minimum Off-Street Parking Requirements n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. o. Implement an operational rule prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. p. Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the city. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 14-020, passed 10-7-14) Sec. 4. Exceptions to Providing Required Off-Street Parking. A. Adaptive Re-Use. 1. Applicability. The following described areas shall be eligible for specific parking reductions based upon adaptive re-use, including modifications, of existing buildings: a. Ocean Avenue Overlay Zone (OAOZ), as defined in Chapter 3, Article III, Section 8.D. No additional parking shall be required where: (1) The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or (2) The capacity of the structure is increased by adding subordinate dwelling units or floor area within the existing building envelop; or (3) The use of a structure is changed; or (4) The number of seats for eating and drinking establishments is increased by up to fifty percent (50%) of the existing total or up to forty (40) seats are provided where the previous use had none. b. CBD and C-4 parcels fronting on Federal Highway and those located between Federal Highway and the FEC RR right-of-way, C-2 parcels fronting on Boynton Beach Boulevard between Seacrest Boulevard and I-95 and C-3 parcels fronting on Boynton Beach Boulevard between Seacrest Boulevard and the FEC RR right-of-way. A reduction of fifty percent (50%) of the required parking, up to a maximum of ten (10) parking spaces, may be granted where: (1) The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or 2015 S-45 13 Boynton Beach Code (2) The capacity of the structure is increased by adding subordinate dwelling units, or floor area within the existing building envelop; or (3) The use of a structure is changed; or (4) The number of seats for eating and drinking establishments is increased by up to fifty percent (50%) of the existing total or up to forty (40) seats are provided where the previous use had none. 2. Exemptions. The provisions of this subsection do not apply to the following uses: a. Multi-family residential uses and structures and group homes. b. Churches, temples and other places or worship. c. Theaters, auditoriums, meeting halls, and other places of assembly. d. Clubs, lodges and fraternal organizations. e. Hotels and motels. f. Schools and daycare. 3. Additional Requirements/Restrictions. The following requirements and restrictions are applicable to all properties considered under the adaptive re-use provisions above: a. Required parking spaces may not be eliminated to accommodate building expansions. b. Parking spaces that back out onto collector or arterial roadways shall be removed as part of any site improvements utilizing these adaptive re-use provisions. c. Required parking spaces may be leased within three hundred (300) feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Certificate of Conformity. The minimum number of required off-street parking spaces provided for a use or development may be satisfied, in part, if a certificate of conformity is issued, due to an expansion of a roadway. See Chapter 2, Article II, Section 6.A. for the procedures for obtaining a certificate of conformity. C. On-Street Parking. 1. Applicability. The minimum number of required off-street parking spaces for a use or project may be satisfied, in part, by the use of on-street parking spaces located within the public right-of-way abutting that same lot or parcel. 2. Conditions. The provision for on-street parking space to be used to meet the minimum number of required off-street parking spaces shall be subject to the following conditions: 2015 S-45 14 Minimum Off-Street Parking Requirements a. The on-street parking provision is applicable to all existing or proposed development located within the Community Redevelopment Area; b. Only the on-street parking spaces located within the public right-of-way that abut the frontage of a use or project may be used to count toward meeting the minimum number of required off-street parking spaces. The on-street parking spaces must be located on the same side of the street as the subject use or project; c. The design of the on-street parking spaces must be approved by the City Engineer in order to satisfy parking demand according to Section B.1. herein; and d. On-street parking spaces utilized under this provision shall not be reserved, temporarily or permanently, for any given use. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 14-020, passed 10-7-14) Sec. 5. Other Parking Regulations. A. Maximum Number of Provided Parking. For all new and major modifications to existing non-residential uses, the total number of provided off-street parking spaces shall not exceed the thresholds as established below: 1. Thresholds. The gross floor area of the building expressed in square feet; Building Size (Cumulative) Maximum Number of Provided Parking 0 to 10,000 s.f. No more than 15% of standard 10,001 to 50,000 s.f. No more than 10% of standard Greater than 50,000 s.f. No more than 5% of standard 2. Methodology. Where the increase in the number of provided parking spaces as computed includes a fraction, the increase in parking spaces shall be the computed number rounded down to the lowest whole number. 3. Exemption. Any project within an established "mixed use" district is exempt from this maximum parking restriction, provided that the parking provided is located within a parking garage or structure. B. Handicap Accessible Off-Street Parking. 1. Applicability. All parking lots shall meet or exceed State Handicap Code requirements, and comply with the Florida Building Code. All residential district parking spaces (surface, covered, enclosed) required pursuant to the Florida/Federal Fair Housing Act shall comply with the mandatory requirements of the Act. There shall be provided off-street handicapped parking spaces available at the time of the erection of any structure of any structure or the enlargement of any structure. 2015 S-45 15 Boynton Beach Code 2. Table 4-23. Handicap Accessible Parking Requirements. Total Spaces* Min. Accessible Up to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% Over 1,000 ** Source: Florida Building Code (Florida Building Code should be reviewed for current requirements) *See Chapter 4, Article V, Section 3, Special Reductions in Required Off-Street Parking, when calculating required accessible parking spaces for a project designed according to a reduction provision. **Twenty (20) spaces plus one (1) space for each one hundred (100) over one thousand (1,000) In addition to the above parking requirements, the Florida Building Code requires additional accessible spaces for medical uses that provide out-patient treatments or services for persons with mobility impairment. The design and maintenance of accessible parking spaces and signage shall be in accordance with the Florida Building Code. All required handicap accessible parking spaces shall be provided on-site. C. Permanent Reservation of Off-Street Parking Spaces. Area reserved for off-street parking or loading, in accordance with the requirements of this section, shall not be reduced in area or changed to any other use unless equivalent off-street parking or loading is provided in accordance with this section. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 14-020, passed 10-7-14) Sec. 6. Penalties. 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. (Ord. 10-025, passed 12-7-10) 2015 S-45 16 Parking Lot, Vehicular Use Areas, and Loading Standards ARTICLE VI. PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS Sec. 1. General. A. Purpose and Intent. The purpose of the article is to provide standards for well-designed vehicular use areas for the citizens, businesses, and visitors of the city. It is the intent of these Regulations to ensure the provision of driveway access, queuing and stacking of vehicles, site circulation, and loading/service areas that are designed for the safety and welfare of motorists and pedestrians. These design standards are also intended to relieve traffic congestion on the streets and to minimize any detrimental effects on adjacent properties. The objectives of these Regulations include, but are not limited to, the following: 1. Safety. To provide a maximum degree of safety and protection for the public through the orderly design of parking lots; 2. Nuisance. To provide for a standard for construction which results in a relatively durable and nuisance free parking lot; 3. Impact. To reduce the negative environmental impacts which may result from parking lot construction; 4. Storm Water. To provide for storm water retention on-site; 5. Handicap Accessibility. To provide for parking lots which are constructed in such a manner that the physically handicapped are not discriminated against; and 6. Order. To permit the land owner to benefit from his ownership by providing for orderly parking lot design and construction consistent with the public health, safety and welfare. B. Administration. The City Engineer shall have the authority to interpret and administer this article. C. Applicability. The provisions of this article shall apply to all new construction, major modifications to existing sites in connection with site plan review (Chapter 2, Article II, Section 2.F.), and minor modifications to building or site elements that are regulated by this article, excluding those buildings and site improvements exempted in Section 1.D. below. Furthermore, the regulations contained herein shall be applicable to all permanent parking lots constructed or reconstructed in the city. In order to clarify the applicability of these Regulations, compliance is required under any of the following conditions: 1. Existing Building. When a parking lot serves an existing building(s) where such building(s) is proposed to be enlarged or when an additional building(s) is proposed to be constructed; 2. Change in Occupancy. When a change in building occupancy occurs as defined in the Florida Building Code; 3. Change in Use. When a change in use occurs, resulting in additional parking being required as noted in Chapter 4, Article V of these Land Development Regulations; 4. Landscape Code. When compliance with the landscaping code is required (see Chapter 4, Article II); 1 Boynton Beach Code 5. Parking Lot Expansion. When an existing parking lot is expanded by twenty-five percent (25%) or more in parking stalls beyond what was originally approved. When any new parking stalls, driveways, access aisles or parking lots are proposed, these newly constructed areas as well as the existing parking spaces must comply with the requirements of this article. D. Exemptions. The following building and site improvements shall be exempt from the permitting requirements and standards of this article: 1. Single-family or Duplex Home. The construction of a single-family or duplex dwelling unit on an individually platted lot within single-family or two-family residential zoning districts, notwithstanding the off-street parking and driveway requirements of Chapter 4, Article V, Section 2.B. See Section 2.A.2. below regarding the construction of new impervious surfaces with respect to these types of lots and the requirement for approval of a land development permit. 2. Exempted Buildings. Buildings exempt from local building permits or government review pursuant to State of Florida or federal statutes; 3. Temporary Trailer. When temporary construction or storage trailers are proposed where the public is not invited; 4. Temporary Vehicles. When the parking of equipment or work vehicles or the storage of materials is proposed; 5. Minor Site Modification. When the number of parking stalls in an existing parking lot is expanded by less than twenty-five percent (25%) beyond what was originally approved and no building(s) is proposed to be enlarged or constructed, the existing portion of the parking lot need not comply with the requirements of this article; however, any newly constructed areas must comply with the requirements of this article; 6. Garages. When a multi-family residential development is proposed and is designed to include units containing garages served by driveways, then these units shall be exempt from the requirements of this article. This exemption shall not apply to multi-family units that do not contain garages; 7. Normal Maintenance. When the proposed improvements are of a maintenance nature such as repairs to existing lot(s), re-striping, overlays, drainage improvements, etc.; 8. Upgrades. When the proposed improvements are upgrades to existing lot(s) such as lighting, curbs, landscaping, irrigation, sidewalks, and drainage; or 9. Central Business District. When an improvement or property in the central business district or which fronts on that segment of Ocean Avenue extending west from the central business district to Seacrest Boulevard involves either a change in use and/or a minor improvement. 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. Conflict. Whenever the regulations and requirements of this Code are at conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. 2 Parking Lot, Vehicular Use Areas, and Loading Standards G. Relief from Standards. In addition to the regulations of this article, all lands shall be improved in conformance with the minimum standards as set forth in the current Engineering Design Handbook and Construction Standards or latest supplement thereof. Unless described otherwise, any deviation from the parking lot, vehicular use, and loading standards contained herein or within the Engineering Design Handbook and Construction Standards requires the approval of a waiver application, which is subject to review and approval by the City Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2, Article III, Section 5. (Ord. 10-025, passed 12-7-10) Sec. 2. City Approval Required. No off-street parking, vehicular use areas, or loading zones shall be constructed, added to, or modified without first securing the necessary city approvals and permits as provided hereunder, except in instances when exempt from these Regulations in accordance with Section 1.D. above. The following processes and permits are intended to ensure that all construction activity complies with the standards of this article: A. Private Property and Public Lands. The property owner or agent shall file the following applications prior to commencement of any of the aforementioned improvements: 1. Site Plan Review. The site plan review process shall be required and reviewed in accordance with the procedures set forth in Chapter 2, Article II, Section 2.F. prior to the issuance of any land development permit. For the purposes of this subsection, the term "site plan" is construed to include master site plan and technical site plan applications. 2. Land Development Permit. The land development permit process shall be required, and initiated only subsequent to the approval of a site plan application, except in those instances when site plan review is not required. The land development permit application shall be processed in accordance with the procedures set forth in Chapter 2, Article III, Section 3. The land development permit shall also be required for the construction of any new impervious surface of eight hundred (800) square feet or more on any property in the city regardless of zoning district, and for any improvement proposed within a city right-of-way that is not subject to the city right-of-way permit, as determined by the City Engineer or designee. The issuance of a land development permit shall not relieve any party from obtaining the necessary permits which may be required by the various federal, state, or local government agencies. B. City Right-of-Way Permit. No person shall begin to construct, reconstruct, repair, alter, or grade in, or upon, any area within city rights-of-way without first obtaining a permit as provided in Chapter 2, Article III, Section 4. (Ord. 10-025, passed 12-7-10) Sec. 3. Standards. A. General. All circulation systems and parking facilities within a proposed development shall be designed and located in such a manner as to comply with the following: 1. Movement. A clearly defined vehicular circulation system shall be provided which allows free movement within the proposed development while discouraging excessive speeds. Vehicular circulation 2013 S-41 3 Boynton Beach Code systems shall be separated as much as practicable from pedestrian circulation systems. Off-street parking facilities and other vehicular use areas shall be integrated with surrounding structures and with the building or group of buildings for which they serve. 2. Points of Access. Access points to peripheral streets shall be provided which adequately serve the proposed development and which are compatible and functional with circulation systems outside the development. 3. Through Traffic. Whenever possible in proposed residential developments, living units should be located on residential streets or courts which are designed to discourage non-local through traffic. 4. Storage Demand. Off-street parking areas shall be provided which adequately accommodate maximum vehicle storage demands for the proposed development and are located and designed in such a manner so as to serve the uses in the proposed development and not create incompatible visual relationships. 5. Emergency and Service Vehicles. a. Safe and efficient access to all areas of the proposed development shall be provided for emergency and service vehicles. b. All proposed developments, regardless of size, shall be designed, and located in such a manner as to ensure the adequate provision of fire and police protection. 6. Sidewalks. Sidewalks shall be provided as required by the city regulations. 7. Compliance. a. Conformance with the city and county thoroughfare plans is required. b. Compliance with the Palm Beach County Traffic Performance Standards is required. B. Off-Street Parking and Vehicular Use Areas. 1. General. All proposed off-street parking areas shall conform to the design and layout requirements contained herein and the current edition of the Engineering Design Handbook and Construction Standards. Off-street parking areas shall be approved according to the procedures contained in the land development permit (see Chapter 2, Article III, Section 3). A certificate of occupancy for a structure or premises shall not be issued until the required parking area has been inspected and approved by the City Engineer or designee. 2. Required Surface. All areas proposed for parking and/or loading shall be improved to provide a paved surface (asphalt or concrete) in accordance with the Engineering Design Handbook and Construction Standards. Those areas exempted in Section 1.E. above shall be surfaced with compactable dust-free materials as approved by the City Engineer. Stabilized sod may be substituted for up to fifty percent (50%) of the required parking spaces, where eighty percent (80%) or more of the parking demand falls within a twenty-four (24)-hour period each week. Sod may be substituted only for the area of parking stalls. All driveways, aisles, and maneuvering areas shall be hard-surfaced and shall conform to the design requirements contained herein. Sod parking stalls shall have a base consisting of 2013 S-41 4 Parking Lot, Vehicular Use Areas, and Loading Standards not less than eight (8) inches of stabilized shell rock, lime rock, or sand, or an equivalent material as approved by the City Engineer. Sod parking areas shall have dimensions equivalent to the dimensions of paved parking areas with ninety (90)-degree parking stalls and two-way traffic in aisles, as specified in these Land Development Regulations and Engineering Design Handbook and Construction Standards. 3. Minimum Dimensions and Accessibility. Off-street parking areas, including the back-up distance between parking stalls and the abutting aisle way, shall be designed to meet or exceed the dimensional requirements for stalls, driveways, and access aisles, as provided for in the Engineering Design Handbook and Construction Standards. Maneuvering and access areas shall be of sufficient size to allow vehicles to enter and exit the parking stalls and parking lot in a safe and efficient manner. In no instance shall parking lots be designed to allow vehicles to back out into any public alley or other road right-of-way as reflected in the Engineering Design Handbook and Construction Standards. All required spaces shall be sized in accordance with the current city standards. The dimensions of such required off-street parking spaces shall not include public or private rights-of-way, and all spaces must be maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. 4. Vehicular Traffic Control Markings. All traffic signing and pavement marking shall comply with the U.S. Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices. Particular attention is directed toward Section 3.G, which contains sign design, shape, color, mounting height and other conditions. Fire lanes shall be identified with marking and signage in accordance with Section 8 of this article. Parking stalls shall be delineated in accordance with the Engineering Design Handbook and Construction Standards. 5. Landscaping. Each parking lot shall be landscaped consistent with Chapter 4, Article II, Section 4. Landscape material located within off-street parking or other vehicular use areas shall be protected with curbing and/or wheel stops in accordance with Section 3.B.7. below. 6. Irrigation. All landscaped areas within parking lots shall have an automatic irrigation system, approved and permitted through the Department of Development. 7. Curbs and Car Stops. Parking lot curbs and car stops shall be required and constructed in accordance with the Engineering Design Handbook and Construction Standards. Landscaped areas in parking lots shall be protected from the encroachment of vehicles by a continuous, raised curb, or in the instance of a parking stall, by a wheel stop and a raised continuous curb. Areas to be protected include all pedestrian walkways, landscaped islands, landscaping adjacent to parking stalls and landscaping adjacent to curvilinear drive-ways where encroachment is likely to occur. 8. Drainage. Stormwater shall be contained on-site. Containment capacity shall be designed for a minimum of two and one-half (2.5) inches of rain-fall in one (1) hour. Drainage structures and exfiltration trenches shall comply with Chapter 4, Article VIII, Section 3.G., the Engineering Design Handbook and Construction Standards and/or standards of the South Florida Water Management District (SFWMD). Inlets shall be located in grassy areas unless otherwise approved by the City Engineer. Where appropriate, all drainage structures shall have sediment-settling basins that can be cleaned regularly of deposits by typical means. For impervious areas exceeding twenty-five thousand (25,000) square feet, the parking lot and facilities shall be designed and certified by a Florida-registered engineer. Maximum storage capacity of soil shall be considered at the rate of one (1) inch of water for each six (6) inches of soil above the water table. Drainage calculations are required in all instances. The hydrologic conductivity of soil shall be determined with tests made at the site using test procedures recommended by the (SFWMD) or other procedures which have been approved by the City Engineer. 2013 S-41 5 Boynton Beach Code 9. Illumination. The lighting levels of off-street parking and loading areas shall comply with Chapter 4, Article VII, Section 3.C. 10. Sidewalks. Sidewalks shall be six (6) inches thick through all driveways and shall meet American with Disabilities Act (ADA) accessibility code requirements where applicable. See Chapter 4, Article VIII, Section 3.D. for additional standards regarding sidewalks within the public right-of-way. 11. Structures. Parking facilities may contain small, permanent structures such as shade structures and booths used by parking attendants. C. Driveway Openings and Access. 1. Minimum Dimensions. Parking lot driveway openings and access points shall be designed in accordance with the Engineering Design Handbook and Construction Standards. 2. Drive Radii. Each parking lot driveway shall have a radius at the intersection of the vehicular traffic lanes designed in accordance with the Engineering Design Handbook and Construction Standards. 3. Distance from Streets. Parking lot driveway openings shall be separated from intersections in accordance with the Engineering Design Handbook and Construction Standards. 4. Clearance at Parking Stalls. A safe and unobstructed space between the side of a parking stall and a public/private right-of-way, access aisle, or interior driveway shall be designed in accordance with the Engineering Design Handbook and Construction Standards. 5. Clearance at Major Driveways. Unless otherwise approved by the City Engineer, the minimum distance from the street right-of-way line at any major ingress or egress driveway to any parking stall or to any interior access aisle having direct access to such driveway shall be one hundred (100) feet. 6. Intersections. Driveways which intersect streets owned and maintained by a governing body other than Boynton Beach must be permitted by the proper governing agency, prior to issuance of a building permit. 7. Maximum Number of Driveways. A property with street frontage is allowed a maximum of two (2) driveway openings. The number of driveways may be limited to one (1) opening due to factors such as the length of the street frontage; distance between driveway openings; location of driveway openings on abutting properties; or other extenuating circumstances deemed substantial by the City Engineer. A property with frontage along two (2) or more rights-of-way may be permitted additional driveway openings, depending on traffic volumes, but in no case shall there be more than two (2) openings allowed on any given street. 8. District Standards. a. PID Planned Industrial Development Districts. In addition to the minimum general standards stated above, driveway openings shall be located no closer than one hundred fifty (150) feet from center line to center line. b. All "Mixed Use-Urban" Districts. Driveway openings shall not be directly from an arterial roadway where sufficient alternative access is available. 2013 S-41 6 Parking Lot, Vehicular Use Areas, and Loading Standards D. Standards for Off-Street Loading Areas. 1. General. Unless a waiver is granted by the City Engineer, every hospital, institution, hotel, commercial or industrial building, or similar use, requiring the receipt or distribution of materials or merchandise by oversized vehicles, shall have sufficient permanently maintained off-street loading space so as not to hinder the free movement of vehicles and pedestrians over parking areas, a street, or sidewalk. Parcel pickup or customer drop-off lanes are permitted outside of the fire lane, provided that they do not hinder the movement of vehicles or pedestrians. 2. Minimum Dimensions. For the purpose of these Regulations, the term "off-street loading or unloading space" shall mean a vehicular loading space constructed of a hard surface and shall consist of a space with dimensions not less than twelve (12) feet in width, thirty-five (35) feet in length and fourteen (14) feet in height, exclusive of access aisles, maneuvering space, or alley right-of-way. 3. Modifications. A required loading bay or zone shall neither be reduced in size causing it to be nonconforming nor shall the use of it change thereby failing to meet the goals and objectives of the original, unless it is replaced with an equivalent loading area or zone. 4. District Standards. In addition to general requirements in Section 5.A. above, additional loading areas may be required within developments zoned planned commercial development (PCD). The number of required loading areas shall be based upon the size of the development, types of uses, and configuration of the buildings. Additional buffering may be required at the discretion of the Director of Planning and Zoning to ensure that such areas are adequately screened from view. 5. Community Design. See Section 4.B. of this article for additional regulations related to off-street loading areas. E. Dumpsters and Solid Waste Removal. 1. General. In accordance with this section and City Code of Ordinances Part II, Chapter 10, Garbage, Trash, and Offensive Conditions, all uses requiring the pickup of quantities of garbage or trash shall provide an easily accessible area for the pickup and delivery of a dumpster or other trash receptacle; all such areas shall be so designed that garbage and trash pickup can be accomplished without excessive maneuvering such as turning around and backing up. 2. Parking. No dumpster enclosure or trash receptacle shall be located in a parking space. 3. Minimum Dimensions. The size of the dumpster enclosure shall be constructed in accordance with Engineering Standard Drawing G-4 of the Engineering Design Handbook and Construction Standards of latest supplement thereof. 4. Screening. Dumpsters shall be adequately screened from view in accordance with the provisions of the Land Development Regulations, or compatible with the surrounding environment if located out of view from the general public (see also "Landscaping" in Chapter 4, Article II, Section 6.G.). 5. Community Design. See Section 4.C. of this article for additional regulations regarding dumpster enclosure areas. 2013 S-41 7 Boynton Beach Code F. Queuing and Stacking. 1. Minimum Dimension. Unless otherwise approved by the City Engineer, drive-through facilities for banks, pharmacies, restaurants, and the like shall provide a minimum distance of seventy (70) feet for vehicular stacking purposes. Gasoline stations shall provide a distance of thirty (30) feet at each end of the pump island. Queuing shall be measured from the front of the stopped vehicle that would be located at the point of ultimate service to the rear of the queuing lane. The queuing lane(s) shall not obstruct or impede the free movement of fire, emergency or services vehicles, or the general vehicular circulation throughout the site. 2. By-Pass Lane. Where deemed appropriate by the City Engineer, a by-pass lane shall be provided before or around the point of service of a drive-through facility. A by-pass lane may not be required if the queuing lane is adjacent to a vehicular use area which functions as a by-pass lane. The by-pass lane shall be clearly designated and distinct from the queuing area. 3. Drive-Through Facilities. a. Community Design Standards. See Chapter 4, Article III, Section 3.A.10. for additional community design standards regarding drive-through windows. b. Conditional Use Approval. See Chapter 3, Article IV, Section 3.B.6. for additional regulations regarding the requirement for conditional use approval. G. Fire Lanes. The Fire Marshal may require a fire lane along the front of any non-residential building greater than fifteen thousand (15,000) square feet or any multiple-family/mixed use building, in order to allow for the efficient movement and access of fire or emergency vehicles/personnel. Fire lanes shall be separate from off-street loading zones or loading areas and shall not be encumbered by any parked or standing vehicles. Designated fire lanes shall be clearly marked with adequate pavement marking and signage. The fire lane dimensions, pavement markings, and signage shall be designed in accordance with the Florida Fire Prevention Code and Engineering Design Handbook and Construction Standards. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12) Sec. 4. Community Design. A. General. 1. Purpose and Intent. The purpose of this section is to promote harmony with nature and a pleasant and comprehensible cohesiveness among development within the city. Through enforcement of the community design, the local elected officials shall determine the basic aesthetic character to be achieved in the development of the community. 2. Administration. The Director of Planning and Zoning shall have the authority to coordinate, interpret, and administer this section. 3. Relief from Standards. Any deviation or variation from the regulations of this section requires the approval of a community design appeal (CDPA) in accordance with Chapter 2, Article II, Section 4.B. 2013 S-41 8 Parking Lot, Vehicular Use Areas, and Loading Standards B. Off-Street Loading. Off-street loading areas shall be designed in such a manner as to screen parked vehicles from view at ground level. In no instance shall a loading space front along a public right-of-way. These facilities shall be adequately screened from residential districts. Unloading and loading areas shall be screened from streets and public view by a buffer wall or continuous vegetative buffer in accordance with Chapter 4, Article II, Section 6.E. C. Dumpsters and Trash Receptacles. All dumpsters, recycling receptacles, lift stations and the like shall be screened from public view with a minimum six (6) foot high stuccoed masonry wall. The gates of the enclosure shall be screened to obscure a view into the interior of the enclosure. The walls of the enclosure shall be painted to match the color(s) of the principal structures on-site and have landscape material planted in accordance with Chapter 4, Article II, Section 6.G. Within the infill planned unit development (IPUD) and all "mixed use urban" districts, dumpsters or trash containers shall not be located within setbacks abutting single-family residential developments. D. Off-Street Parking Areas and Parking Garages. Public or private off-street surface parking lots, understory parking, and all types of parking garages shall comply with this section, the Florida Building Code, and with county-wide amendments thereto. Where appropriate, security systems may be required. 1. On-Site Parking. Required parking spaces for all residential uses shall be located on the same lot or development as the dwelling to be served. Parking spaces for non-residential uses may be located off-site but only in accordance with Section 9.D.2. below. See Chapter 4, Article III, Sections 6 and 7 for additional community design standards pertaining to off-street parking. 2. Off-Site Parking. For all non-residential uses, required parking spaces may be located off-site, provided that they are located on property owned by the use in which to serve. a. Method of Measurement. The distance requirement shall be a straight line measurement from a point on a boundary line of the property which is the subject of the application, to the closest boundary line of the property on which the leased parking located. The property, which is the subject of the application, shall be posted with signage indicating to patrons the location of the leased parking. b. Maximum Distance. (1) Within all "urban mixed use" districts, the CBD district, and the Martin Luther King Jr. Boulevard Overlay Zone, parking spaces may be located off-site but in no case, shall they be further than one thousand (1,000) feet from the use in which to serve. (2) Within all other non-residential districts, required parking spaces shall be located within three hundred (300) feet of the use in which to serve. c. Lease Arrangements. Within the areas defined in the adaptive re-use section of the Code (Chapter 4, Article V, Section 4), required parking spaces may be leased within three hundred (300) feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. 2013 S-42 9 Boynton Beach Code 3. Interconnectivity. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected wherever possible. All sites, including parking facilities, drive aisles, and pedestrian sidewalks shall wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. 4. Required Off-Street Parking Calculations, By Use. Parking calculation requirements for all uses shall be as set forth by Chapter 4, Article V, Section 2. 5. Shared Parking. Parking space requirements of two (2) or more uses of the same or different types may be satisfied by the allocation of the requirement number of spaces for each use in a common parking facility. Joint allocation among several uses of a lesser number of parking spaces may be permitted in accordance with Chapter 4, Article V, Section 3.C. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 13-013, passed 6-4-13) Sec. 5. Penalties. 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. (Ord. 10-025, passed 12-7-10) 2013 S-42 10 Exterior Lighting Standards ARTICLE VII. EXTERIOR LIGHTING STANDARDS Sec. 1. General. A. Purpose and Intent. It is the intent of this article to preserve, protect, and enhance the lawful nighttime use and enjoyment of any and all property through the use of appropriate lighting practices and systems. Such individual fixtures, luminaries and lighting systems are designed, constructed, and installed to: control glare and light trespass, minimize obtrusive light, eliminate the increase of lighting levels on competing sites, provide safe roadways for motorist, cyclists and pedestrians, conserve energy and resources while maintaining safety, security and productivity, and curtail the degradation of the nighttime visual environment. B. Administration. The City Engineer shall have the authority to interpret and administer this article. C. Applicability. The provisions of this article shall apply to all new construction, major modifications to existing sites in connection with site plan review (Chapter 2, Article II, Section 2.F.), and minor modifications to building or site elements that are regulated by this article, excluding those buildings and site improvements exempted in Section 1.D. below. D. Exemptions. The following building and site improvements shall be exempt from the standards of this article: 1. Single-family or Duplex Home. Construction of a single-family or duplex dwelling unit on an individually platted lot within single-family or two-family residential zoning districts; and 2. Exempt Buildings. Buildings exempt from local building permits or government review pursuant to State of Florida or federal statutes. 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. Conflict. Whenever the regulations and requirements of this Code are at conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. G. Relief from Standards. In addition to the regulations of this article, all lands shall be improved in conformance with the minimum standards as set forth in the current Engineering Design Handbook and Construction Standards or latest supplement thereof. Any deviation from the lighting standards contained herein or within the Engineering Design Handbook and Construction Standards requires the approval of a waiver application, which is subject to review and approval by the City Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2, Article III, Section 5. (Ord. 10-025, passed 12-7-10) Sec. 2. City Approval Required. No exterior lighting, including support structures shall be created or modified without first securing the necessary city approvals and permits as provided hereunder, except in instances when exempt from these Regulations in accordance with Section 1.D. above. The following processes and permits are intended to ensure that site lighting complies with the standards of this article: 1 Boynton Beach Code A. Private Property and Public Lands. The property owner or agent shall file the following applications prior to commencement of any of the aforementioned improvements: 1. Site Plan Review. For any new or modified exterior lighting structures or changes to any component of the light fixture that would increase or decrease illumination, the site plan review process shall be required and reviewed in accordance with the procedures set forth in Chapter 2, Article II, Section 2.F. prior to the issuance of any land development permit. For the purposes of this subsection, the term "site plan" is construed to include master site plan and technical site plan applications. The Director of Planning and Zoning or designee may require the submittal of a photometric plan as part of the site plan application to ensure compliance with the standards of this article. 2. Land Development Permit. The land development permit process shall be required, and initiated only subsequent to the approval of a site plan application, except in those instances when site plan review is not required. The land development permit shall be processed in accordance with the procedures set forth in Chapter 2, Article III, Section 3. The City Engineer or designee may require the submittal of a photometric plan as part of the land development permit application to ensure compliance with the standards of this article. The issuance of a land development permit shall not relieve any party from obtaining the necessary permits which may be required by the federal, state, or local government agencies. B. City Right-of-Way Permit. No person shall begin to construct, reconstruct, repair, alter, grade in, or upon any area within city rights-of-way without first obtaining a permit as provided in Chapter 2, Article III, Section 4. (Ord. 10-025, passed 12-7-10) Sec. 3. Standards. A. General. All exterior lighting shall be designed and installed in compliance with the "Heat, Humidity, and Glare" provision of the Operational Performance Standards of Chapter 3, Article IV, Section 1. B. Public Rights-of-way. Street lighting shall be placed on all public and private rights-of-way in compliance with the most recent addition of the Engineering Design Handbook and Construction Standards for Landscaping, Irrigation, and Lighting (or Volume II). Where street lighting is installed, it shall be installed on all local and collector streets, at each intersection, at the end of cul-de-sacs, and wherever, in the opinion of the City Engineer, a dangerous traffic/pedestrian condition exists. Between intersections, street-lights may be engineered for security purposes only as recommended by the Chief of Police. Streetlights shall be wired for underground service except where aerial service is permitted by Chapter 4, Article VIII, Section 3.B. C. Off-Street Parking Lots. A minimum average light level of one (1) footcandle shall be provided, with no more than ten percent (10%) of the spot readings below one (1) footcandle and none below one-half (½) footcandle. Lighting fixtures shall be energy efficient and automatically controlled by a photoelectric switch or other device acceptable to the City Engineer and are to remain on from dusk to one (1) hour after closing or 2:00 a.m., whichever is later. However, the exterior lighting of off-street parking areas and other vehicular use areas within parks and other types of recreation facilities may be shut off at an earlier time as determined by the Director of Recreation and Parks or designee based upon the characteristics (e.g. type, location, hours of operation, etc.) of such park or facility. 2 Exterior Lighting Standards A photometric plan shall contain lighting levels in accordance with the standards of this section and Section 4 below. Light fixtures must be baffled, shielded, screened, or recessed to prevent visibility of the lit portion of the fixture from off the premises. In addition, light fixtures shall be strategically located to avoid future conflicts with mature tree canopies (see Chapter 4, Article II, Section 3.A.12.). D. Pedestrian Lighting. Walkways connecting parking lots to buildings or walkways between buildings shall be lit in such a manner as to provide a safe environment. E. Under Canopies. Light fixtures under canopies for banks, gas stations, and similar establishments must be baffled, screened, and recessed to prevent visibility of the lit portion of the fixture from off the premises. F. Crime Prevention Through Environmental Design (CPTED). See Chapter 4, Article III, Section 5.B. for additional regulations regarding lighting and CPTED guidelines. G. Docks and Piers. See City Code of Ordinances Part II, Chapter 9, Article II for additional regulations regarding lighting on docks and piers. H. Signs. See Chapter 4, Article IV, Section 4.A.10.c. for additional standards regarding lighting levels and signage. (Ord. 10-025, passed 12-7-10) Sec. 4. Community Design. A. General. 1. Purpose and Intent. The purpose of this section is to promote harmony with nature and a pleasant and comprehensible cohesiveness among development within the city. Through enforcement of the community design, the local elected officials shall determine the basic aesthetic character to be achieved in the development of the community. 2. Administration. The Director of Planning and Zoning shall coordinate, interpret, and administer this section. 3. Relief from Standards. Any deviation or variation from the regulations of this section requires the approval of a community design appeal (CDPA) in accordance with Chapter 2, Article II, Section 4.B. B. Buildings and Structures. The following regulations shall apply to all new development and redevelopment: 1. Generally. a. Lighting fixture height, style, design and illumination level shall be compatible with the building design and height and shall consider safety, function and aesthetic value; b. Lighting of the exterior, parking areas, and watercraft docking facilities shall be of the lowest intensity and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties; c. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged; 3 Boynton Beach Code d. Lighting may be used to illuminate a building and its grounds for safety purposes and to enhance its beauty. However, the visual effect shall be subtle; e. Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day; and f. Lighting attached to the form of the exterior of the building or part of the building exterior or visible from the exterior of the building shall not be permitted if it is contrary to the architectural style of the building. C. Maximum Footcandle and Illumination Levels. Permanent off-street lighting levels for all multiple-family residential and non-residential uses shall not exceed five and nine-tenths (5.9) 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. It is the intent of this subsection to regulate the maximum allowable height of outdoor free-standing lighting poles in order to encourage compatibility between said poles and heights of principal buildings on-site and on adjacent properties. The maximum height for all outdoor free-standing lighting poles of a project or development shall not exceed the average roofline of a one (1)-story structure. In no instance shall an outdoor free-standing lighting pole exceed twenty-five (25) feet in height unless the height limitation is found to be incompatible with guidelines and/or recommendations of an adopted redevelopment plan or other public works project. (Ord. 10-025, passed 12-7-10; Am. Ord. 13-020, passed 7-2-13) Sec. 5. Prohibited Lighting. The following types of outdoor lighting are prohibited: A. Spillage. Any light that illuminates any vertical or horizontal surface on adjacent property or rights-of-way at a level greater than 0.3 footcandles. B. Unauthorized Traffic Lighting. Any light that resembles an authorized traffic sign, signal, or device, or that interferes with, misleads, or confuses vehicular traffic as determined by the City Engineer. C. Beacon or Searchlights. No beacon or searchlights shall be permitted. D. Drop Lens Fixtures. Any drop lens fixtures. E. Neon Tubing, Bare Bulbs, and Miniature Lighting. Neon tubing, bare bulbs, miniature lights, and similar technologies shall not be used to illuminate or outline building façades, storefronts, door openings, windows, or within window displays. See Chapter 4, Article IV, Section 3.L.6. for the prohibition of such material when used in signage and designed in an unshielded manner. F. Awnings. No awnings, valances, or support structures shall be internally-illuminated or backlit pursuant to Chapter 4, Article III, Section 3.E. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12) 2013 S-42 4 Exterior Lighting Standards Sec. 6. Penalties. 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. (Ord. 10-025, passed 12-7-10) 5 Boynton Beach Code 6 Utility and Infrastructure Design Standards ARTICLE VIII. UTILITY AND INFRASTRUCTURE DESIGN STANDARDS Sec. 1. General. A. Short Title. This article shall hereafter be known and cited as the "City Required Improvements." B. Purpose and Intent. The purpose of this article is to establish standards for the development and subdivision of real estate within the city in an effort to, among other things, ensure the coordination of land development in the city in accordance with orderly physical patterns; ensure safe and convenient traffic control; ensure adequate utilities; prevent periodic and seasonal flooding by providing protective flood control and drainage facilities; provide the authority to direct the construction of improvements; ensure the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed. C. Administration. The City Engineer shall have the authority to interpret and administer this article. Tangible improvements are required as described in this article for the development of real property within the city limits, platted or unplatted. D. Applicability. The provisions of this article shall be considered the minimum standards and are applicable to all new construction projects or modifications to existing sites. E. Terms and Definitions. See Chapter 1, Article II for definitions regarding the required improvements with respect to utilities, streets, and other types of infrastructure. F. Conflict. Whenever the regulations and requirements of this Code are at conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. G. Relief from Standards. In addition to the regulations of this article, all lands shall be improved in conformance with the minimum standards as set forth in the current Engineering Design Handbook and Construction Standards or latest supplement thereof. Any deviation from the utility and infrastructure standards contained herein or within the Engineering Design Handbook and Construction Standards requires the approval of a waiver application, which is subject to review and approval by the City Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2, Article III, Section 5. (Ord. 10-025, passed 12-7-10) Sec. 2. City Approval Required. None of the required on-site and off-site improvements contained herein (utility systems; streets; sidewalks; pedestrian and bicycle paths; bridges and culverts; drainage, stormwater, and wastewater systems; and canals and waterways) shall be constructed or modified without first securing the necessary city approvals and permits as provided hereunder. The following processes and permits are intended to ensure that all required improvements comply with the standards of this article: A. Private Property and Public Lands. The property owner or agent shall file the following applications prior to commencement of constructing any of the aforementioned required improvements: 1. Site Plan Review. Except for individually platted lots containing single-family and duplex homes located within single-family and two-family residential zoning districts, the site plan review process shall 2013 S-41 Repl. 1 Boynton Beach Code be required and reviewed in accordance with the procedures set forth in Chapter 2, Article II, Section 2.F. prior to the issuance of any land development permit. For the purpose of this subsection, the term "site plan" is construed to include master site plan and technical site plan applications. 2. Land Development Permit. The land development permit process shall be required, and initiated only subsequent to the approval of the following: 1) final plat application in accordance with the procedures set forth in Chapter 2, Article III, Section 2, unless otherwise determined by the City Engineer; and 2) site plan application, except in those instances when site plan review is not required. The land development permit application shall be processed in accordance with the procedures set forth in Chapter 2, Article III, Section 3. The issuance of a land development permit shall not relieve any party from obtaining the necessary permits which may be required by the various federal, state, or local government agencies. B. City Rights-of-Way. A right-of-way permit application shall be required for any proposal to construct, reconstruct, repair, alter, or grade in, or upon, any area within a city right-of-way in accordance with the procedures set forth in Chapter 2, Article III, Section 4. (Ord. 10-025, passed 12-7-10) Sec. 3. Standards. A. General Standards for All Required Improvements. The following general standards shall apply to all required utility and infrastructure improvements city-wide: 1. Engineering Principles. The design of required development improvements shall be in accordance with acceptable engineering principles. Design data, (calculations, analyses, etc.) shall be submitted along with the land development construction plans covering important features affecting design and implementation of same. Such data shall include, but not be limited to, high water, drainage facilities of all kinds, subsurface soil data, alternate pavement and subgrade types, and radii at intersections when minimum standards of the American Association of State Highway and Transportation Officials are inadequate. Required improvements shall be equal to or exceed current city standards and the following sections within this article. 2. Impacts of Construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the conditions of adjacent properties, unless such activity is permitted to affect said property pursuant to a consent granted by the adjacent property owner, under terms or conditions agreeable to the adjacent property owner. This includes, but is not limited to, the control of dust, noise, water or drainage runoff, debris and the storage of construction materials. New construction activity shall not adversely impact historic surface water drainage flows of adjacent properties, and may require special drainage considerations complying with engineering standards to preserve the positive drainage patterns of the affected sites. 3. Safety. It shall be unlawful for any person to move, remove, damage, destroy, or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this article, except upon permission of the Director of Public Works. B. Utilities. 1. General. Utilities, including but not limited to power and light, telephone, telegraph, water, sewer, cable television, wiring to streetlights, and gas shall be installed underground in accordance with the 2 Utility and Infrastructure Design Standards current Engineering Design Handbook and Construction Standards. This section shall apply to all cables, conduits or wires forming parts of an electrical distributions system including service lines to individual properties and main distribution feeder lines delivering power to local distribution systems, except that it shall not apply to wires, conduits or associated apparatus and supporting structures whose exclusive function is transmission or distribution of electrical energy between subdivisions, generating stations, substations and transmission lines of other utility systems, or perimeter lines located adjacent to the parcel or subdivision. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals, or other similar "on the ground" facilities normally used with and as a part of the underground distributions system may be placed above ground, but shall be located so as not to constitute a traffic hazard. Easements shall be coordinated with requisite utility authorities and shall be provided as prescribed by these Regulations for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules and regulations. The City Engineer may waive the requirement for underground installation if the service to the adjacent area is overhead and if it does not appear that further development in adjacent areas with underground utilities is possible. Any new service which is allowed by the waiver herein to be supplied by overhead utilities shall be connected to a service panel that is convertible for underground utility service at a future date. The developer shall make necessary cost and other arrangements for such underground installations with each of the persons, firms, or corporations furnishing utility service involved. Utilities shall be constructed in easements as prescribed by these Regulations. 2. Installation. After the subgrade for a street has been completed, the remainder of the street right-of-way has been graded and before any material is applied, all underground work for the water mains, sanitary sewers, storm sewers, cable television, gas mains, telephone, electrical power conduits and appurtenances and any other utility shall be installed completely through the width of the street to the sidewalk area or provisions made so that the roadway or right-of-way will not be disturbed for utility installation. All underground improvements installed for the purpose of future service connections shall be properly capped and backfilled. All above-ground or underground improvements shall comply with the Engineering Design Handbook and Construction Standards. a. Utility Transmission Lines. Unless otherwise deemed impractical by the City Engineer, all utility transmission lines, conduits, conveyances or other devices or apparatus for the transmission of utility services and products, including all franchised utilities, shall be constructed and installed beneath the surface of the ground with the exception of main overhead feeder lines. Appurtenances to these systems which require aboveground installation shall be effectively screened, and, thereby, may be excepted from this requirement. b. Water Systems. Public water system for both domestic use and fire protection must be installed in accordance with city standards and other pertinent city ordinances. c. Central Water System. A complete water distribution system shall be provided for all developments. Water transmission mains shall be provided by the developer to an approved operating city water system. The city Director of Utilities shall approve all new connections to the existing city water system. d. Fire Hydrants. Fire hydrants shall be provided in all residential, commercial, mixed use, and industrial developments in the manner prescribed in these Regulations. When annual fire hydrant fees are to be levied according to ordinance, a special association for payment of said fees will be required. 2013 S-41 Repl. 3 Boynton Beach Code Fire hydrants shall be no more than three hundred (300) feet apart and the remotest part of any structure shall be no more than two hundred (200) feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at residual pressures of not less than twenty (20) pounds per square inch, fire flow of at least one thousand, five hundred (1,500) gallons per minute shall be provided as a minimum standard. In one (1) and two (2)-story residential developments with not more than ten (10) dwelling units per acre, fire hydrants may be spaced up to five hundred (500) feet apart but not more than three hundred (300) feet from the center of any lot in the development. The system shall provide flow capacity of at least five hundred (500) gallons per minute in addition to maximum day domestic requirements at specified residual pressures. 3. Sanitary Sewer. A complete sewage collection system shall be provided for all developments in accordance with requisite government regulations. Sewage transmission facilities shall be provided by the developer to an approved operating city collection or transmission system. Transmission systems shall include force mains and other appurtenances associated with lift stations. The Director of Utilities shall approve all connections to existing city collection, transmission, and sewer systems. Sewage system will be furnished and installed in accordance with city standards and other pertinent city ordinances. 4. Easements. Easements, a minimum of twelve (12) feet in width, shall be provided to accommodate all required utilities across lots with convenient access for maintenance, and where possible shall be centered on lot lines. Easements ten (10) feet in width shall be provided for underground utilities across that portion of a lot adjacent to a street. Additional utility easements or larger utility easements may be required by the city when, in the opinion of the City Engineer, or his or her designee, and/or the Utilities Engineer, such easements are necessary for continuity of utility service between developments and where necessary for maintenance and service. Utility easements and drainage easements shall be separate unless otherwise approved by the Director of Utilities or the City Engineer. Where easement crossings occur, drainage easements shall take precedent. The developer and/or owner shall dedicate to city any easement that city deems necessary for public services and said dedication shall provide that developer and/or owner shall hold city harmless for any of its acts performed within or abutting said easements if any loss or damage is caused to abutting property. The City Engineer shall be authorized, on behalf of the City Commission, to grant, accept, and vacate easements for municipal purposes on both public and private properties. C. Roadways and Streets. 1. General. All streets and related facilities required to serve the proposed development shall be constructed by the developer. The construction shall consist of, but not be limited to, street grading, base preparation and surface course along with drainage, and shall be in accordance with city regulations. Before any plat or deed or instrument conveying or dedicating any street right-of-way to the city shall be accepted by the city, all roads shall be improved so as to meet the minimum requirements set forth in this article. 2. Designation System. All streets, avenues or other thoroughfares for vehicular traffic shall be designated in accordance with city standards. Such designation shall be vested in the Director of Public 4 Utility and Infrastructure Design Standards Works or designee who shall also maintain the city's master roadway file and allocate secondary street designations. 3. Naming System. Street names shall be issued as per the request of the originator of the street (or roadway) except in the case of a section line, where roads will be given a route number in addition to the assigned name as determined by either the Florida Department of Transportation or Palm Beach County, whichever has jurisdiction of the street (or roadway). Proposed streets which are on the same alignment with other existing named streets, shall bear the same name of the existing street. All street names shall have a suffix and in no case, except as indicated in the preceding sentence, shall the name of the proposed street (or roadway) or duplicate be phonetically similar to existing street names regardless of the use of the suffix - street, avenue, boulevard, drive, place, court, etc. The basic naming standards are as follows: a. Curvilinear Streets. Curvilinear streets shall be named on the same basis as other streets and shall carry the same name through their entire length. b. Streets Crossing Ocean Avenue. Streets crossing Ocean Avenue shall have north and south added to their names accordingly. c. (Table 4-23) Suffixes. Suffixes shall be limited in use as follows: North-South Direction East-West Direction Court Avenue Drive Boulevard Lane Place Parkway Road Street Way The suffixes ‘boulevard' and ‘parkway' shall be reserved for arterials and collectors. The suffix ‘circle' is an option for either direction, however, it should be used as the name implies, i.e., a curvilinear roadway. The use of 'terrace' and 'trace' shall be reserved for minor streets, cul-de-sacs, etc. Any other requested suffix shall be approved by the Director of Public Works or designee prior to its inclusion into any development. d. Street Name Changes. (1) Standard Street Name Changes. Standard street name changes shall conform to the standards and requirements for naming streets as set forth in the preceding section, and shall be permitted only under the following circumstances: (a) In response to a City Commission directive, (b) To eliminate duplication or confusion in street names, or (c) To reduce confusion in addressing. 2013 S-41 5 Boynton Beach Code (2) Vanity Street Name Changes. Name changes which do not meet the criteria above are considered "vanity street names" for the purposes herein and are permitted only under the following limited circumstances: (a) The desired name will not create confusion; (b) The desired name does not duplicate in whole or in substantial portion, the name of any existing street; (c) All property owners abutting the road have signed a petition requesting the change and a completed application has been submitted to the Engineering Division; (d) The fee that has been established by resolution; (e) The entire length of the street must be renamed; and (f) The City Commissioner approves the request. e. Standard Street Name Numbering and Addressing. (1) Uniform Addressing Procedure. Lot or parcel addressing for individual tracts of land shall be designated in accordance with the city's uniform addressing procedure policy. Such designation shall be vested in the Director of Public Works or designee, who shall also maintain the city's master roadway file. (2) Abutting Cities and Communities. The addressing number system currently in use within the corporate limits of the city shall be maintained. For those lots or parcels annexed into the city will, if possible, be assigned in a manner that maintains: (a) A logical sequence of numbers along the street or roadway on which the property is located, and as established in that neighboring government, and (b) A consistent pattern of separation of even and odd numbers. (3) Direction of Street. The establishment of the exact number of a particular lot or parcel entails the dimensions of the lot in question, and its distance from the nearest land line or street as given in the legal description. If the lot is on an east-west (E-W) street, it will receive an E-W number (even numbers on the south side of the street and odd numbers on the north side). If the lot is located on a north-south (N-S) street, it will receive a N-S number (even numbers on the east side of the street and odd numbers on the west side). f. Vanity Street Name Numbering and Addressing. Street numbering and addressing for commercial and residential properties shall be based on the city's grid system as described. Requested addresses which do not adhere to the city's grid system are considered "vanity addresses" for the purposes herein, are prohibited for residential uses, and shall not be permitted for non-residential uses except under the following circumstances: (1) The entity requesting the "vanity address" is a prominent commercial entity and has a location which is widely recognized in the community; 6 Utility and Infrastructure Design Standards (2) The requested number is not out of sequence with any existing numbers on the same street. (For example, the number one hundred (100) would not be permitted on a lot which is located between two existing lots with the addresses #500 and #550); (3) Emergency medical services and the U.S. Post Office would be able to locate the property; (4) An individual with the assistance of a generally distributed local street map would be able to locate the property without undue difficulty; (5) The requested address does not duplicate an existing address on the same street; (6) The requested address would, in no way, be injurious to or infringe upon the existing rights of any other commercial entity in the county; (7) The requestor has submitted an affidavit which acknowledges that the requested address may result in delays in mail delivery and service provisions; (8) The established fee has been paid and the requestor has submitted a complete application to the Department of Engineering Division; and (9) The City Commission approves the request and finds that the address request is related to a city goal, such as economic development, which takes precedence over the goal of maintaining the city's grid system. 4. Street Layout and Configuration. a. General. Street layout shall be coordinated with the street system of the surrounding area. Consideration shall be given to existing and planned streets, topographical conditions, public convenience, safety, and relationship to the proposed use of the land to be served. The arrangement of streets in new developments shall provide for the continuation of existing streets in adjoining areas not developed, and shall provide for the proper projection of streets. When a development adjoins undeveloped land, then the new street, where necessary, shall be carried to the boundary of the tract proposed to be developed to promote reasonable development of adjacent lands, and provide continuity of street systems. The new development shall provide for the incorporation and compatible development of present and future streets shown on the thoroughfare map adopted by the City Commission. b. Width of Ultimate Right-of-Way. (1) (Table 4-24) General Standards. The City Commission shall not accept any street right-of-way dedication by plat or by deed or other instrument unless the right-of-way width and paving comply with the Land Development Regulations. 2013 S-41 7 Boynton Beach Code Minimum street right-of-way width shall be as follows: Street Type Right-of-Way Width (in feet) Expressway 300 Major arterial 200 Arterial 120 *Collector 80 *Local with mountable curb 50 *Local with swales 60 Marginal access 40 *The right-of-way width may be reduced by up to eight (8) feet if the provisions of Section 3.D below are met. All public and private streets herein shall be constructed in conformance with the minimum standards as set forth in the current Engineering Design Handbook and Construction Standards or latest supplement thereof. (2) Within All Planned Residential Developments. The minimum width of a right-of-way for a principal street within a planned residential development district is forty (40) feet. Privately owned streets providing secondary vehicular circulation internal to the development may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the city's Land Development Regulations; however, in no case shall health, safety, welfare, or efficiencies of public services be jeopardized. Privately owned streets providing secondary vehicular circulation internal to the residential planned development district may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the city's Land Development Regulations. However, in no case shall health, safety, and/or welfare be jeopardized. Any reduction in the width of a right-of-way and/or its pavement shall require the approval of a waiver, which is subject to review and approval of the City Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2, Article III, Section 5. Roadways providing external connections to the city's street network shall meet all requirements contained in the city's Land Development Regulations. (3) Within All Commercial and Industrial Districts. Commercial and industrial developments shall comply with all of the requirements of these Regulations, except that all local streets shall be designed and constructed according to the collector street typical section contained in the current city standards. c. Width of Pavement. The minimum width of paving of all new or rebuilt streets shall be in accordance with current city standards. 8 Utility and Infrastructure Design Standards Any reduction in the width of a right-of-way and/or its pavement shall require the approval of a waiver, which is subject to review and approval of the City Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2, Article III, Section 5. d. Dimensions of Blocks. The length, width, and shape of blocks shall be determined by the following: (1) Provision of adequate building sites suitable to the special needs of the type of planned use. (2) Zoning requirements as to lot size and dimensions. (3) Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic. (4) Limitations and opportunities of topography. (a) Block lengths shall not exceed one thousand, three hundred twenty (1,320) feet between intersecting streets except where special topographical conditions exist. Greater lengths may be approved by the City Engineer. (b) In blocks nine hundred (900) feet in length or over, crosswalks not less than eight (8) feet wide may be required between streets where deemed essential by the City Engineer to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. e. Dead-end Streets. Dead-end streets shall be constructed in accordance with the Engineering Design Handbook and Construction Standards. f. Street Jogs. Local street jogs with centerline offsets of less than one hundred twenty-five (125) feet are prohibited. g. Half-streets. Half or partial streets are prohibited except where essential to the reasonable development of a tract in conformance with the thoroughfare plan and these Regulations. In addition, satisfactory assurance for dedication of the remaining part of the street must be provided. Whenever a tract to be developed borders on an existing half or partial street, the other part of the street may be required to be dedicated and constructed within such tract. A proposed development that adjoins or includes an existing street which does not conform to the minimum right-of-way requirements of these Regulations shall dedicate right-of-way along either one (1) or both sides of said street so that the minimum right-of-way requirements of these Regulations can be met. h. Marginal Access Streets. Where a development abuts an arterial or higher classification street and adjoining property owners desire access other than at street connections, a marginal access street shall be required from an intersection to the edge of the development. i. Local Streets. Local streets shall be laid out so as to discourage through traffic. j. Railroads Abutting Developments. When a development borders on or contains a railroad right-of-way, a street approximately parallel to and on each side of such right-of-way may be 2013 S-41 Repl. 9 Boynton Beach Code required so as to permit appropriate use of the intervening land for park purposes in residential districts or for commercial or for industrial purposes in appropriate districts. k. Thoroughfare Intersections. The number of driveways and access roads which intersect thoroughfares shall be minimized and designed to allow for signalization. l. Alignment, Tangent, Deflection, Radii. Streets shall be laid out to intersect as nearly as possible at right angles. Multiple intersections involving the junction of more than two (2) streets are prohibited. The point of curvature of any local street shall not be closer than one hundred (100) feet to any intersection. All intersections shall be designed to provide adequate stopping and sight distance in accordance with the current city standards. m. Traffic Calming Measures. (1) The city shall consider placement of traffic calming measures only upon completion of an initial traffic study. Traffic calming shall be considered: (a) Only on those local streets with average daily traffic volumes greater than five hundred (500) vehicles per day; and (b) Only when the 85th percentile speed is greater than thirty (30) mph for those streets posted at twenty-five (25) mph or greater than thirty-five (35) mph for those streets posted at thirty (30) mph. (2) Signing, striping and other devices identifying traffic calming measures shall conform to the current Manual on Uniform Traffic Control Devices. n. Lot Access. Individual lots shall have access to an internal street system. (1) Along Local Streets. Along local streets, the point of access to lots shall be at least thirty (30) feet from intersecting right-of-way lines, providing the interior lot angle at the intersecting lines is ninety degrees (90°) or greater. If the interior lot angle is less than ninety degrees (90°), the access point distance will increase, and be determined by the City Engineer or designee. On zero (0) lot line corner lots, access points shall be located a minimum of twenty-five (25) feet from the intersection of the projection of right-of-way lines to the near edge of the driveway. Access to townhouse clusters may be via parking lots and/or driveways designated on the plat as access or parking tracts, provided the length of access does not exceed six hundred sixty (660) feet. Subdivisions shall be designed to provide access to all lots by the use of local streets. (2) Along Collector Streets. Along collector streets, the point of access to lots shall be at least fifty (50) feet from the intersecting right-of-way lines, incorporating the same angular parameters noted above. Mid-block lots shall meet access point separations in accordance with city standards. (3) Along Arterial Streets. Along arterial streets, the point of access to lots shall be at least one hundred twenty (120) feet from the intersecting right-of-way lines, incorporating the same angular parameters noted above. It is the intent to minimize the number of access points connecting to an arterial street. However, if required for access or circulation, a second access point may be permitted on the side of the lot adjacent to the lanes departing the 10 Utility and Infrastructure Design Standards intersection. The locations of the access points shall be approved by the City Engineer or the designee. (4) Secondary Point of Access. In addition to the main point of vehicular access, a secondary point of vehicular access shall be considered for all residential developments with thirty (30) or more dwelling units. This secondary access point may be substituted with an emergency access point if a secondary access point is unfeasible due to the configuration or remote relationship of other improved and platted lands surrounding the development. In all circumstances, the secondary or emergency access point shall be designed and located away from the primary point of access in case the primary point is impeded or otherwise inaccessible. o. Driveway Spacing. On all streets, the minimum spacing between driveway centerlines shall be in accordance with city standards. If the street is under the jurisdiction of another agency, spacing shall be in accordance with Palm Beach County standards for county roads or FDOT standards for state roads, whichever is greater. p. Street Connections. (1) Local Streets to Collector Streets. Local street connections to collector streets shall be a minimum of six hundred sixty (660) feet apart. (2) Collector Streets to Arterial Streets. Collector street connections to arterial streets shall be a minimum of one thousand, three hundred twenty (1,320) feet apart. (3) Double Frontage Lots. Double frontage lots adjacent to a collector or arterial street shall front on a local street. The rear of the lot shall abut the collector or arterial street and be buffered as required by these Land Development Regulations. (4) Limited Access Easement. Limited access easements shall be provided along collector and arterial roads. q. Cross Access Roads. Cross access roads or drive aisles shall be provided between commercial sites wherever practical to minimize trips on nearby thoroughfares. r. Median Strips. Medians that are part of a dedicated or deeded right-of-way may not be utilized for any purpose other than by the city or a public utility. If a developer desires to beautify a median in a development, the developer may do so by placing grass and shrubs of small root structure within the medians under the right-of-way permit issued by the City Engineer. s. Entrances to Developments. Unless approved by the City Engineer, entranceways consisting of walls, fences, gates, rock piles or the like are not permitted within the median strip or other areas in a dedicated or deeded right-of-way. Decorative entranceways must be constructed upon parcels of land adjacent to a right-of-way in compliance with the zoning, building, and sign codes and must not constitute a traffic hazard. A guardhouse located so as not to create a traffic hazard may be constructed at the entrance to a development having private streets. t. Collector Road Dedication. Collector roads within developments shall be dedicated as public rights-of-way unless otherwise approved by the City Engineer. 2013 S-41 Repl. 11 Boynton Beach Code u. Visual Obstructions of Intersections. No wall, fence, sign, planting, hedge, shrubbery, or other visual obstruction shall be created or maintained with a height between two (2) feet – six (6) inches and eight (8) feet above the street level, within twenty-five (25) feet of the intersection of the right-of-way lines of two (2) streets, in any zone, except that open chain-link type fences may be a maximum of four (4) feet and kept visually clear (see Chapter 3, Article II, Section 6 and Chapter 4, Article II, Section 4.A.14.). v. Right-of-Way Improvement & Construction Standards. All improvements to rights-of-way including but not limited to the design of street grades, shoulders, swale and swale areas, traffic control devices, street markers, materials used for surfaces and subgrades, construction within muck or clay, and permanent reference monuments (PRM) or permanent control points (PCP) shall be constructed in accordance with the Engineering Design Handbook and Construction Standards or latest supplement thereof. 5. Construction, Repair, or Alterations. a. Street Access Permit. All work performed in public or private rights-of-way shall conform with the current Engineering Design Handbook and Construction Standards. Except as provided herein, any person desiring to perform or have performed any of the activities covered by this article wherein a permit is required shall secure such a permit in accordance with the rules and regulations set forth in Chapter 2, Article III, Section 4. b. Street Opening Permit. Any person desiring to plow, dig, scrape or in any way make or have made any hole, pit, ditch or excavation in or upon any street, alley, roadway or public land shall proceed with such work only after obtaining a permit therefore and in compliance with all regulations contained in or promulgated under this article including the Engineering Design Handbook and Construction Standards. It shall be conducted in accordance with Chapter 2, Article III, Section 4. c. Alterations to Medians. Whenever alterations of medians are deemed necessary by the City Commission for the promotion and protection of the health, safety and general welfare of the community, the costs for such alterations shall be borne by the developers or property owners of such land development projects. d. Nuisance Abatement. Applicant for clearing and grubbing permit and/or land development permit shall describe in writing how blowing sand, dust and other airborne matter will be controlled during clearing, grading and filling and until such time as permanent ground cover is installed. 6. Abandonment. All requests to abandon a public or private right-of-way shall be conducted in accordance with Chapter 2, Article II, Section 2.G. D. Sidewalks. 1. General. a. Purpose and Intent. The purpose and intent of this subsection is to design rights-of-way by planning for, and providing safe, orderly, and comprehensive pedestrian linkages throughout the city, and to promote complete street initiatives. 12 Utility and Infrastructure Design Standards b. Applicability. Unless otherwise exempt or waived by the City Engineer, no person shall improve any parcel of land within the city, or change the occupancy classification (as defined by the Florida Building Code), without installing a sidewalk in conformance with the Engineering Design Handbook and Construction Standards and the standards contained herein. A right-of-way permit to construct a sidewalk shall be required in accordance with Chapter 2, Article III, Section 4, prior to the issuance of any certificate of occupancy/completion. c. Exemptions. The following improvements and construction activities shall be exempt from the standards contained herein and the permitting procedures of Chapter 2, Article III, Section 4: (1) Unimproved Lots. Any proposed improvement to an undeveloped lot, platted or unplatted, and the cost of such improvement is less than seventy percent (70%) of the current assessed property valuation. (2) Improved and Developed Lots. (a) The construction of any addition proposed to a principal building located in single-family and two-family residential zoning districts which is less than twenty-five percent (25%) of the gross floor area of such existing building; or (b) The construction of any accessory building/structure, or the reconstruction or remodeling of any existing residential building located in single-family and two-family residential zoning districts, and the cost of such improvement is less than fifty percent (50%) of the current assessed valuation. d. Waivers. Upon the recommendation of the City Engineer, the sidewalk requirements contained herein may be waived for an individual lot in accordance with Chapter 2, Article III, Section 5, when adequate pedestrian circulation is provided by bicycle or pedestrian paths, or where the sidewalk requirement would not be compatible or in harmony with adjacent or nearby previously developed without sidewalks. 2. Standards. a. Sidewalks shall be constructed on both sides of all local and collector streets, and on one (1) side of marginal access streets in all areas. b. Sidewalks constructed within public or private rights-of-way shall conform to the Florida Department of Transportation Standards Specifications and Roadway and Traffic Design Standards (as applicable), the Manual of Uniform Control Devices (MUTCD) as applicable, and the Engineering Design Handbook and Construction Standards, or the latest supplements thereof. c. Except as provided herein, any person desiring to perform or have performed any of the acts covered by these Land Development Regulations wherein a right-of-way permit is required shall secure such permit in accordance with the following standards: (1) If any street abutting the property on which such construction is to occur is depicted on the map or schedule on file in the Public Works Department of the city as a street on which sidewalk construction is to be required, sidewalks shall be constructed along the entire street frontage of such parcel; in the case of a corner lot, the sidewalk shall be constructed also along the access side. 2013 S-41 Repl. 13 Boynton Beach Code (2) If any street abutting the property on which such construction is to occur is not depicted on the map or schedule on file in the Public Works Department of the city as a street on which sidewalk construction is required, the property owner shall pay a fee equal to the cost to the city per square foot of construction of the sidewalk abutting the property, as such fee is determined annually by the Director of Public Works. d. A dual system consisting of sidewalks within pubic rights-of-way and bicycle/pedestrian paths outside of the public right-of-way may be required to provide adequate pedestrian circulation. Paths shall be constructed concurrently with the other required improvements in accordance with the Engineering Design Handbook and Construction Standards, and be included in the surety described in Chapter 2, Article III, Section 6. 3. Construction, Repair, or Alterations. All new construction of sidewalks or repair and/or alteration of existing sidewalks shall require a permit in accordance with Section 4 of this Article and with Chapter 2, Article III, Section 4. 4. Abandonments. Any request to abandon a public or private right-of-way shall be conducted in accordance with Chapter 2, Article II, Section 2.G. 5. Miscellaneous. The control, jurisdiction, and maintenance obligation of bicycle/pedestrian paths not located within a public right-of-way shall be placed in a property owner's association or an improvement district. Bicycle/pedestrian paths shall be constructed concurrently with other required improvements. 6. Community Design. See Chapter 4, Article III, Sections 6 and 7 for additional community design standards related to sidewalks and pedestrian pathways. E. Pedestrian and Bicycle Paths. Bicycle/pedestrian paths shall be a minimum of eight (8) feet in width. In driveway and commercial areas, the surface, base and subgrade requirements of the Engineering Design Handbook and Construction Standards shall be met. In other areas, one (1)-inch Type II asphaltic concrete on a four (4)-inch thick compacted base of locally approved limerock or shellrock shall be used. When bicycle/pedestrian paths are not located within road rights-of-way, the base shall extend six (6) inches from each side of the surface and muck shall be completely removed below the base. Three-quarter (3/4) inch thick Type I asphaltic concrete may also be used. The cross slope shall be one-quarter (1/4) inch per foot. F. Bridges & Culverts. Bridges or culverts shall be provided as necessary to facilitate the proposed street system whenever a development is traversed by or contains canals, watercourses, lakes, streams, waterways or channels. Bridges or culverts are subject to approval by agencies having jurisdiction. Bridges shall be designed in general accord with current Florida Department of Transportation practices and shall include planning for utility installation. G. Drainage, Stormwater, and Wastewater Management. 1. Drainage. a. Applicability. Any proposed building addition, swimming pool, patio, driveway, deck, or similar structure or improvement that decreases the permeable land area in excess of eight hundred (800) square feet on any parcel shall provide a professionally prepared drainage plan. 2013 S-41 14 Utility and Infrastructure Design Standards In addition, an adequate storm, surface and ground water drainage system, including necessary ditches, canals, swales, percolation areas, detention ponds, storm sewers, exfiltration trenches, drain inlets, manholes, headwalls, endwalls, culverts, bridges and other appurtenances shall be required in all subdivisions. Any development that is part of an overall master stormwater plan may have the provisions of this paragraph waived at the sole discretion of the City Engineer or designee. b. Design Standards. Construction plans and certified drainage design data includes but is not limited to the method of control of storm water and groundwater; drainage plan; existing water elevations; recurring high water elevations; proposed design water elevations; drainage structures; canals; ditches; and any other pertinent information pertaining to the system. Provide for drainage of lots, streets, roads and other public areas including surface waters which drain into or through the property. The drainage design must provide adequate surface water drainage of naturally occurring or existing adjacent contributory areas. All drainage areas shall be designed in accordance with the Engineering Design Handbook and Construction Standards or latest supplement thereof. Where additional ditches and canals are required to accommodate contributory surface waters, right-of-way shall be dedicated for future needs. An exception exists where a developer may excavate or open sufficient capacity to provide for existing drainage needs whenever the developed or undeveloped status of adjacent areas so warrants, subject to approval by the City Engineer. c. Drainage Easement. Drainage easements shall be provided where necessary at a width adequate to accommodate the drainage facilities in accordance with the Engineering Design Handbook and Construction Standards. Utility easements and drainage easements shall be separate unless otherwise approved by the Director of Utilities and the City Engineer. Where easement crossings occur, drainage easements shall take precedent. 2. Stormwater Management. When approved positive drainage is not available, on-site containment of stormwater run-off shall be provided by the developer. Details of the on-site system shall be approved by the City Engineer. a. Applicability. Storm water shall be treated in the development by providing on-site percolation and/or detention or any appropriate treatment technique acceptable to the South Florida Water Management District (SFWMD). b. Design Standards. Rainfall runoff, surface waters, and groundwaters shall be managed in developments to optimize water quality and maximize percolation and detention to promote the re-use of this resource. All stormwater/wastewater areas shall be designed in accordance with the Engineering Design Handbook and Construction Standards or latest supplement thereof. However, pervious areas shall be sodded and irrigated unless other landscaping is approved by the Director of Planning and Zoning. H. Canals and Waterways. 1. General. a. Applicability. When a developer designs a development containing/adjoining waterfront property either existing or proposed, such as canals, water courses, lakes, streams, drainage ways 2013 S-41 15 Boynton Beach Code or channels, such development shall comply and conform to the requirements of this article and this chapter. b. Exemptions. This article shall not apply either to drainage easements containing subsurface drainage systems or to the operation or activities of a governmental water control agency. 2. Design. Where canals, watercourses, lakes, streams, drainage ways or channels are adjacent to or exist upon the property to be developed, they shall retain natural characteristics or design and protect waterways so as to not present a hazard to life and safety. Access waterways proposed in conjunction with a development shall have a minimum water depth of six (6) feet for a continuous bottom width of twenty (20) feet. Where seawalls, bulkheads or retaining walls are not required, the design shall incorporate a minimum of a four to one (4:1) slope from existing ground to a depth of six (6) feet. 3. Dedications. a. Rights-of-Way. Prior to the construction or alteration of watercourses as prescribed in Section 3.H.5. below, rights-of-way or easements required for such work must be appropriately dedicated. Where such construction or alteration affects a governmental agency, the dedication, deed, or easement shall be to such agency. b. Easements. Where, in the opinion of the City Engineer, public rights for drainage purposes are necessary, an easement shall be dedicated to the city. This dedication shall be in conformance with Section 7.A.3.a. c. Waterways. Waterways, except for public drainage easements, shall be dedicated to a property owners' association or reserved for the use of the residents of a development developed as a condominium or cooperative development as defined by Florida Law. In lieu of the foregoing, waterways may be dedicated to a legally constituted drainage agency. 4. Maintenance. Perpetual maintenance of rights-of-way or easements for canals, watercourses, lakes, streams, channels or other water management areas shall be dedicated to a property owners' association unless the right-of-way or easement is public. In those cases maintenance may be dedicated to the city for the limited purpose of providing minimum drainage as determined by the City Engineer. 5. Construction, Repair, or Alterations. No person, firm, corporation, or any other association shall alter, reroute, deepen, widen, change, or construct any waterway without first submitting construction plans and an application for a land development permit in accordance with Chapter 2, Article III, Section 3. Prior to the issuance of such a permit, the plans shall be approved by the City Engineer. Where the dredge, fill, or excavation affects public property or sovereign land, the construction plans shall, prior to issuance of permit, be approved by the governing agencies having control over public property or sovereign lands such as the South Florida Water Management District (SFWMD), Trustees of Internal Improvement Fund (TIFF), U.S. Army Corps of Engineers (ACOE), Florida Department of Environmental Protection (FDEP), Lake Worth Drainage District (LWDD), or any other public agency having jurisdiction in such matters. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12) 2013 S-41 16 Utility and Infrastructure Design Standards Sec. 4. Penalties. 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. (Ord. 10-025, passed 12-7-10) 2013 S-41 17 Boynton Beach Code 18 Building, Construction, and Historic Preservation Requirements ARTICLE IX. BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS Sec. 1. General. A. Purpose and Intent. The purpose of the article is to provide for adequate building, construction, and historic preservation regulations. The intent is to secure the public safety, health, and general welfare through structural strength, stability, sanitation, light and ventilation, and safety to life and property from fire and other hazards attributed to the built environment. B. Administration. The Building Official shall have the authority to interpret and administer this article. C. Applicability. The provisions of these Regulations shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition, of every building and structure or any appurtenance connected or attached to such buildings or structures. D. Terms and Definitions. See Chapter 1, Article II for definitions and terms associated with building, construction, and historic preservation requirements. E. 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. F. Relief from Requirements. Unless described otherwise, any deviation from the building, construction, and historic preservation requirements contained herein shall require approval of a 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. (Ord. 10-025, passed 12-7-10) Sec. 2. City Approval Required. A. Private Property and Public Lands. No structure or building shall be erected, constructed, reconstructed, or structurally altered on private property or public lands without first securing a building permit from the Building Division in accordance with the procedures set forth in Chapter 2, Article IV, Section 2. The building permit process shall be required and initiated only subsequent to the approval of a site plan application, except in those instances when site plan review is not required. For the purposes of this subsection, the term "site plan" is construed to include master site plan and technical site plan applications. Any building permit application that proposes demolition activities is subject to the Tree Preservation Ordinance of Chapter 4, Article I. Such application shall address the possible removal, relocation, or replacement of existing trees and plant material in connection with the demolition activity, which may result in the requirement to obtain a land development permit from the Engineering Division in accordance with Chapter 2, Article III, Section 3. In all instances, however, the issuance of a building permit shall not relieve any party from obtaining the necessary permits which may be required by the various federal, state, or local government agencies. 1 Boynton Beach Code B. City Rights-of-Way. A right-of-way permit application shall be required for any proposal to construct, reconstruct, repair, alter, or grade in, or upon, any area with a city right-of-way in accordance with the procedures set forth in Chapter 2, Article III, Section 4. (Ord. 10-025, passed 12-7-10) Sec. 3. Certificate of Occupancy or Completion. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy or certificate of completion as provided herein. Issuance of a certificate of occupancy or certificate of completion shall not be construed as an approval of a violation of the provisions of these or other city regulations or the Florida Building Code. Prior to the issuance of any certificate of occupancy/completion for any improvement exceeding seventy percent (70%) of its current assessed property valuation, the owners of all undeveloped lots, platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk within the right-of-way in conformance with Chapter 4, Article VIII, Section 3. This requirement shall also apply when a change in occupancy as defined in the Florida Building Code occurs and/or when any building is reconstructed in an amount which exceeds fifty percent (50%) of its current assessed valuation. No certificates of occupancy or certificates of completion will be issued for buildings in the platted development or subdivision until all required improvements are completed, approved, and/or accepted by the city, except that a developer may, at his option, post additional one hundred ten percent (110%) surety in compliance with Chapter 2, Article III, Section 6 for work which may be more prudently put in place subsequent to building construction such as sidewalks and landscaping. Certificates of occupancy will not be issued for the final ten percent (10%) of the buildings until such work is approved and/or accepted by the city as completed. (Ord. 10-025, passed 12-7-10) Sec. 4. Florida Building Code Requirements. The Florida Building Code 2014, Gas, Mechanical and Plumbing Codes, 2010 Edition, and the 2008 National Electrical Code including future editions or revisions as adopted by the city, are hereby adopted as the minimum Building Code for the City of Boynton Beach. The Boynton Beach Amendments to the Florida Building Code include the following: A. Administration. Chapter 1, Administration, as described in the Boynton Beach Amendments, and is incorporated herein in the Florida Building Code 2014, Gas, Mechanical and Plumbing Codes, 2010 Edition, and the 2008 National Electrical Code. B. City Amendments. The City of Boynton Beach Administrative Amendments to the 2014 Florida Building Code, Plumbing, Mechanical, Gas, and 2008 National Electrical Code are incorporated in this document and made a part hereof. Copies shall be maintained on file in the Office of the City Clerk and shall be available to the public. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-003, passed 3-6-12; Am. Ord. 13-010, passed 6-4-13; Am. Ord. 15-016, passed 7-21-15) 2015 S-46 2 Building, Construction, and Historic Preservation Requirements Sec. 5. Coastal Building Zone Requirements. The coastal building zone for the city is the land area from the seasonal high-water line landward to a line one thousand, five hundred (1,500) feet landward from the coastal construction control line as established pursuant to F.S. § 161.053. Development projects within this zone must utilize best management construction techniques for natural resource protection and must conform to the goals, objectives and policies of the Coastal Management Element of the Comprehensive Plan. The coastal construction code was adopted on August 19, 1986 and applies to all construction within the coastal building zone, and is incorporated herein by reference. A copy is on file and available for inspection in the offices of the City Clerk and Director of Development. (Ord. 10-025, passed 12-7-10) Sec. 6. Historic Preservation Requirements. A. General. 1. Purpose and Intent. These provisions are designed to identify, protect, restore and encourage the reuse of Resources, all of which are essential to the City's health, safety, morals and its economical, educational, cultural, and general welfare. These valid public purposes shall be fulfilled by the ordinance, to achieve the following goals: a. Preserve, protect, enhance and perpetuate Resources which represent distinctive and significant elements of the City's historical cultural, social, economical, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; b. Ensure the harmonious, orderly, and efficient growth, prosperity and development of the City through retention and reuse of its historic and cultural Resources; c. Strengthen civic pride and cultural stability through neighborhood conservation; d. Contribute to the stabilization of the economy of the city through the continued use, preservation, conservation and revitalization of its Resources; e. Protect and enhance the city's historic, cultural and architectural attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; f. Promote the use of Resources for the education, pleasure, and welfare of the people of the City; g. Provide a review process for the continued preservation and appropriate, compatible and sensitive development of new construction and additions with in the city's historic districts and neighborhoods; h. Protect an enhance the scale, character and stability of existing neighborhoods, and protect against destruction of or encroachment upon areas which contribute to the character of the City; i. Facilitate the creation of a convenient, harmonious and attractive community, and protect the architectural beauty, special architectural features, and special landscape features of the City; 2013 S-41 3 Boynton Beach Code j. Avoid demolition, or other adverse effect on historic properties (Properties) and Districts, which would cause an irreparable loss to the City; k. Assist neighborhoods to achieve a positive neighborhood identity and sense of place. In addition, these provisions are designed to implement, be consistent with, and assist in the achievement of the goals, objectives and policies, as specifically required by the City's Comprehensive Plan, with respect to historic, conservation, and neighborhood Resources. 2. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the historic preservation regulations and standards contained herein. 3. Certified Local Government Review. The City Commission is a Certified Local Government (CLG) approved by the Florida Department of State, Division of Historical Resources. The City Commission as a CLG is required to participate in the Florida National Register of Historic Places nomination process, be involved in the Section 106 process, and is eligible to receive grants from the Certified Local Government Section of the Florida Department of State, Historical Resources Grants-In-Aid program. 4. Unsafe Buildings and Structures. Should the Building Official determine that a Historic Property or a Property within a Historic District is unsafe, the Planning and Zoning staff and Historic Resources Preservation Board shall be notified of such findings. Within applicable laws and regulation, the Building Official shall endeavor to have the Resource repaired rather than demolished and shall take into account any comments and recommendation by the Board. The Board may take appropriate actions to Effect and accomplish the preservation of the Resource, including, but not limited to, negotiations with the owner and other Interested Parties, provided that such actions do not interfere with the Florida Building Codes. In the case where the Building Official determines that there are emergency conditions dangerous to the life, health or property affecting a Historic Property or a Property within a Historic District and timely Demolition is the only course of action, the Building Official may order the Demolition and notify the Planning and Zoning Division of the impending action. In this instance, a Certificate of Appropriateness will not be required and the Historic Resources Preservation Board will promptly be notified of the action being taken. 5. Waiver of Technical Requirements. The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration or moving of Buildings may not be mandatory for those Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places, when evaluated by a Florida registered architect or engineer and demonstrated to the Building Official to be safe and in the public interest of health, safety and welfare. Resources or portions thereof that do not strictly comply with the Florida Building Code may be considered to be in compliance, if it can be shown to the satisfaction of the Building Official that equivalent protection has been provided or that no hazard will be created or continued through noncompliance. (Life safety and property conservation shall be provided in accordance with Chapter 11, Sections 1105 and 1106 of the 2007 Florida Building Code, or as subsequently amended). Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive exemption from accessibility requirements. (Pursuant to Chapter 11, Section 11-4.1.7 of the 2007 Florida Building Code, or as subsequently amended, the Building 2013 S-41 4 Building, Construction, and Historic Preservation Requirements Official may determine that compliance for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the Building, in which case the alternative requirements in Chapter 11, Section 11-4.1.7(3) may be utilized). 6. Administrative and Board Approval of Zoning Code Variances. Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive variances to zoning code regulations, if such regulations would adversely impact or threaten the historic significance of the Resource. The responsibility for review and approval of an application for a variance in association for a Certificate of Appropriateness for Alterations of Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places will rest with staff, unless the corresponding Certificate of Appropriateness requires Historic Resources Preservation Board (HRPB) action, in which case the HRPB will have review and approval responsibility. Such requests for variance shall be made on a separate application, approved by the Board. Said application fee and other applicable charges shall be established by resolution adopted by the City Commission. 7. Sustainable Building Practices. The application of sustainable, energy efficient and green building practices to improvements associated with historic properties is encouraged whenever they are compatible with best historic preservation practices. Whenever possible, equipment such as solar panels, wind generation devices, mechanical equipment etc., should not be affixed to the building, but sited in the rear or side yard locations and fully screened with landscaping, fence or wall. When placement upon the building is unavoidable, such equipment as well as skylights, shall be located on a non-character defining elevation or roof slope that is not visible from the street. In no instance, shall the equipment be allowed to be placed upon any character defining feature. Expedited review shall be afforded to those applicants who propose the placement of such equipment on other than the building facades or roof. B. Designation of Historic Properties and Districts. 1. Guidelines for Historic Designation. To qualify as a Property or a District, individual properties must have significance in American history, architecture, archeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. For Districts, eligibility is based on the establishment of historic contexts or themes which describe the historical relationship of the Properties within the district. Individual Buildings shall normally be at least 50 years old and, in the case of a District at least 50% of the Buildings shall normally be at least fifty years old. Buildings shall also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City's history; or b. Association with the lives of persons significant in the City's past; or c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. 2013 S-41 5 Boynton Beach Code 2. Criteria Considerations. Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the Boynton Beach Register of Historic Places. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or c. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; or d. A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or e. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or g. A property achieving significance within the past 50 years if it is of exceptional importance. 3. Procedures. See Chapter 2, Article II, Section 6. 4. Removal of Designation. A designation may be removed by the City Commission based upon the Board's recommendation. Such recommendation shall be based upon new and compelling evidence and evaluation of work or natural cause producing an adverse effect to a Property or District. The same guidelines and the same procedures established for designation shall be considered for a removal of designation. 5. Designation of County, State or Other Political Subdivision Properties. County, state or political subdivision entity-owned Properties may be designated as a Property or District if such designation is not prohibited or preempted by law, or otherwise provided for in the Intergovernmental Coordination Element of the Comprehensive Plan. In the absence of prohibition, preemption, or other agreement, such other government may only avoid designation of its Property by bearing the burden of proof that public interests, on balance, are best served by avoiding such designation. Such determination shall be established by the process as set forth in this ordinance. Once designated, unless reversed upon appeal, such designated Property or District shall comply with and be regulated by all regulations contained in this ordinance. 2013 S-41 6 Building, Construction, and Historic Preservation Requirements 6. Maintenance and Repair of Designated Properties; Demolition by Neglect Prohibited. a. Ordinary Maintenance or Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure that does not involve a change of design, appearance or material, and which does not require a building permit. b. Affirmative Maintenance Required. The owner of a property designated pursuant to this chapter either individually or as part of a district or zone shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of such properties and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against decay and deterioration and shall be free from structural defects though prompt corrections of any of the following defects: (1) Facades that fall and injure the subject property, adjoining property or members of the public; (2) Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports; (3) Members of ceilings, roofs ceiling and roof supports or other structural members that may rot, sag, split or buckle due to defective material or deterioration; (4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken, unsecured or missing windows or doors. (5) Any fault or defect in the property that renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight. 7. Nominations to the National Register of Historic Places. As part of the duties under the Certified Local Government program, the Historic Resources Preservation Board shall receive all nominations of local property to the National Register of Historic Places following the regulations of the State Historic Preservation Office. a. Appropriate local officials, owners of record, and applicants shall be given a minimum of thirty calendar days and not more than seventy-five calendar days prior notice to Historic Resources Preservation Board meetings in which to comment on or object to the listing of a property in the National Register. b. Objections to being listed in the National Register by property owners must be notarized and filed with the State Historic Preservation Officer. Within thirty (30) days after its meeting the Board shall forward to the State Historic Preservation Officer its action on the nomination and the recommendations of the local officials. Appropriate local officials, the owner and the applicant shall be notified of the board's action. c. The State Historic Preservation Officer will take further steps on the nomination in accordance with federal and state regulations. If either the Board or the local officials or both support the nomination, the State Historic Preservation Officer will schedule the nomination for consideration by the state review board for the National Register at its next regular meeting. If both the Board 2013 S-41 7 Boynton Beach Code and the local officials recommend that a property not be nominated to the National Register, the State Historic Preservation Officer will take no further action on the nomination unless an appeal is filed with the State Historic Preservation Officer. 8. Designated Historic Sites. The following Historic Sites have been established: a. National Register. (1) Boynton Woman's Club, 1010 South Federal Highway, located on Lots 4, 5, 6, and 7 less the West 35 feet thereof, Parker Estate, according to the plat thereof recorded in Plat Book 10, Page 37 of the Public records of Palm Beach County, Florida. (Published 4/26/1979). (2) Boynton School, 141 East Ocean Avenue, located on Lot 3, Block 4 of Sawyer's Addition, City of Boynton Beach, Florida. (Published 3/7/1994). C. Certificate of Appropriateness. The Board or staff shall review actions affecting the exterior of Properties and all Resources, including non-contributing Properties, within Districts. 1. Secretary of the Interior's Standards for Rehabilitation. In reviewing an application, the Secretary of the Interior's Standards for Rehabilitation (as may be amended from time to time) shall be applied. The current version is as follows: a. A Property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the Building and its site an environment. b. The historic character of a Property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a Property shall be avoided. c. Each Property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. d. Most Properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. e. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. f. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. g. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of Structures, if appropriate, shall be undertaken using the gentlest means possible. h. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 2013 S-41 8 Building, Construction, and Historic Preservation Requirements i. New additions, exterior Alterations, or related new construction shall not destroy historic materials that characterize the Property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the Property and its environment. j. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic Property and its environment would be unimpaired. 2. Additional Criteria. The above Standards for Rehabilitation shall be supplemented by the following criteria specific to certain types of requests: a. New Construction and Alterations. All new construction and Alterations to existing buildings within a designated historic district or on an individually designated property shall be visually compatible, and meet the following guidelines. (l) Setting, Orientation and Setbacks. The Building should be situated approximately the same distance from the street as adjacent Buildings, to create a continuous street edge. The orientation of the Building should be visually compatible with that of the buildings in the Historic District. The Setting should be designed with the overall environment in mind. It should take into account the compatibility of landscaping, parking, service areas, walkways, and accessory structures. (2) Building Height. The height of the Building at street level should be visually compatible in comparison or relation to the height of the existing contributing buildings in the Historic District. (3) Design Styles. New Buildings should take their design cues from the prevailing architectural styles within the Historic District. Traditional or contemporary design standards and elements should relate to the existing styles. (4) Proportion of Openings. The openings of any building within a Historic District should be visually compatible with the openings in existing contributing buildings within the Historic District. The relationship of the width of windows and doors to the height of windows and doors should be visually compatible with the existing contributing buildings within the Historic District. (5) Rhythm of Solids to Voids. The relationship between solids (walls) and voids (windows and doors) of a Building should be visually compatible with the Surrounding Buildings. (6) Rhythm of Spacing along the Street. The relationship of Buildings to the open space between them should be compatible with the other Buildings on each side of the street in that block. (7) Relationship of Materials and Textures. The materials and textures of a Building should be chosen with the predominant materials of the Historic District in mind. Simplicity in such use is preferable. 2013 S-41 9 Boynton Beach Code (8) Roof Shapes. The roof shape of a Building is a major distinguishing feature. The roof shape of a Building should be compatible with the roof shape of existing contributing buildings within the Historic District. The roof shape shall be consistent with the architectural style of the Building. (9) Size, Scale, Bulk, Mass and Volume. The physical size, scale, bulk, mass and volume should be compatible with the existing contributing buildings within the Historic District without overwhelming them. b. Additions. All additions to historic structures or structures within a Historic District shall meet the following guidelines. (1) Locate an addition to the rear or least visible sides of historic structures. Locating an addition on the front elevation should be avoided. (2) Minimize the loss of historic materials from the historic structure and protect character-defining features. (3) Design the addition to be compatible in terms of massing, size, scale, relationship of solids to voids, and architectural features. An addition should be subordinate to the historic building. (4) Differentiate the addition from the historic structure. (5) If permitted, rooftop additions should generally be limited to one story in height, should be set back from the wall plane and should be as inconspicuous as possible. (6) Continue the design elements on all elevations of the new construction, not only those elevations that can be viewed from the street. (7) Design and construct the addition so that, if removed in the future, the essential form and integrity of the historic structure will be unimpaired. (8) Limit the size and number of openings between the old and new building by utilizing existing doors or by enlarging existing windows. c. Demolition. All demolitions of historic structures within a Historic District shall comply with the following: (1) Simultaneous certificates required. No Building or Structure on a Property or located within a District shall be demolished without first receiving a Certificate of Appropriateness for new construction. The applications for demolition and new construction shall be reviewed by the Board simultaneously. The requirement of a Certificate of Appropriateness for new construction may be waived by the Board upon a good cause showing that such requirement would be unduly harsh or would result in a substantial hardship to the Property owner. A showing of good cause may include, but is not limited to, evidence that the Property owner is unable to comply with the requirement for simultaneous new construction due to advanced age, infirmity, physical or other debilitating handicap, or financial hardship. 2013 S-41 10 Building, Construction, and Historic Preservation Requirements If an application for Certificate of Appropriateness for Demolition is approved, the owner shall, at his/her expense, fully record the building prior to Demolition. At a minimum, the owner shall provide an architectural description, floor plan with interior and exterior dimensions, interior and exterior photographs, and any other information requested by the Board. Said record shall be deposited in the local archives, where it will be made available to the public. Upon approval by the Board of a Certificate of Appropriateness for Demolition, the demolition permit shall not be issued until all demolition and new construction plans for the Property have received all other required governmental approvals. The existence of one or more of the following conditions may be the basis for denial of a demolition application: (a) The Resource contributes significantly to the historic character of a designated Property or District. (b) The Resource is listed on the National Register. (c) The Resource is one of the last remaining examples of its kind in the neighborhood or City. (d) The Resource is capable of being repaired and reused in a practical and feasible manner. (e) Retention of the Resource would promote the general welfare of the City by providing an opportunity to study local history, architecture and design, or by developing an understanding of the importance and value of a particular culture or heritage. (f) Granting a Certificate of Appropriateness for the Demolition would result in an irreparable loss to the City of a significant Resource. (g) The plans for the simultaneous new construction (if the Demolition is granted) are not compatible with the Property or District. (2) Demolition Delay Period. The Board may grant a Certificate of Appropriateness for Demolition which may contain a delayed effective date. The effective date will be determined by the Board based on the relative significance of the Resource and the probable time required to arrange a possible alternative to demolition. The Board may delay demolition for up to three (3) months. During the demolition delay period, the Board may take such steps as it deems necessary to preserve the Resource. Such steps may include, but are not limited to: consultations with community groups, public agencies and interested citizens; recommendations for acquisition of the Property by public or private bodies, or agencies; an exploration of the possibility of moving the Resource. (3) Salvage and Preservation of Specific Features. The Board may require the Property owner to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. 2013 S-41 11 Boynton Beach Code (4) Authority to Initiate Designation. If an undesignated property warrants it and it is otherwise authorized under this ordinance, staff may initiate, or recommend that the Board initiate, the designation application and review process. Staff may further request that the Board require that the issuance of a demolition permit be stayed pending the Board's review of the application and the City Commission's decision to designate or deny designation of the property. However, the maximum period during which the issuance of a demolition permit may be stayed pursuant to this paragraph is one hundred twenty (120) days, unless extended by the City Commission. If for any reason the designation process is not completed and the demolition application is approved, the owner shall, at his/her expense, fully record the building prior to Demolition and attempt to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. d. Relocation. The existence of one or more of the following conditions may be the basis for denial of a relocation application: (1) The historic character or aesthetic interest of the Resource contributes to its present setting in such a manner that relocation would result in a substantial loss to the setting or District. (2) There are no definite plans for the area to be vacated. (3) There are definite plans for the area to be vacated that may adversely affect the character of the District. (4) The Resource cannot be moved without significant damage to its physical integrity. (5) The proposed relocation area is not compatible with the historic, cultural, and architectural character of the Resource. (6) Little or no effort has been made to consider relocation within the same District or within another District with compatible historic, aesthetic, cultural, or design qualities with the relocated Resource. e. Changes in Approved Work. Any change in the proposed work following the issuance of a Certificate of Appropriateness shall be reviewed by staff. If the proposed change does not materially affect the historic character or the proposed change is in accordance with the Board's decision, staff may administratively approve the change. If the proposed change is not in accordance with the Board's decision, a new Certificate of Appropriateness application for such change must be submitted for review. D. Historic Preservation Property Tax Exemption Program. 1. General. a. The granting of tax exemptions to owners who make improvements to Historic Properties was authorized by an amendment to the Florida Constitution and codified in Section 196.1997 and 196.1998 Florida Statute (1992). The ad valorem tax exemption program was established by Palm Beach County in 1995 (Ordinance 95-41), and may be implemented in the City through an interlocal agreement with the County and a local Tax Abatement Exemption ordinance. The Tax Abatement Exemption Ordinance authorizes granting exemptions from increases to ad valorem taxes for qualified improvements to qualifying properties. 2013 S-41 12 Building, Construction, and Historic Preservation Requirements b. Exemptions. Exemptions for Historic Properties are intended for the physical improvements necessary to Restore or Rehabilitate the Historic Resource, which may include additions, Alterations and new construction. The improvements must comply with the Secretary of the Interior's Standards for Rehabilitation. The City and County will process the application following mutually established procedures through both the City and County Commissions. This program will provide an exemption from tax increases on the improvements to the Property for up to a 10 year period. The exemption is conveyed through a covenant that accompanies the deed of the Property and may be transferred to future owners during the abatement period. 2. Tax Exemption for Historic Properties. a. The City Commission hereby creates a tax exemption for the appropriate restoration, renovation or rehabilitation of qualifying historic properties designated herein. Qualifying property shall be exempt from that portion of ad valorem taxation levied by the City on one hundred percent (100%) of the increase in assessed value resulting from any appropriate renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. b. The above exemption does not apply to: (1) Taxes levied for payment of bonds; (2) Taxes authorized by a vote of the electors pursuant to section 9(b) or section 12, Article VII, of the Florida Constitution; or (3) Personal property. 3. Qualifying Properties and Improvements. a. The following real property in the City is qualifying property for the purposes of this subsection if at the time the exemption is approved by the City Commission, the property: (1) Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or (2) Is a contributing property to a national register-listed district; or (3) Is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and (4) Has been certified by the Board as satisfying subparagraphs (l)(a), (l)(b), or (l)(c) above. The exemption does not apply to improvements made to non-contributing principal buildings or non-contributing accessory structures. b. For an improvement to a historic property to qualify the property for an exemption, the improvement must: 2013 S-41 13 Boynton Beach Code (1) Be consistent with the United States Secretary of Interior's Standards for Rehabilitation, as amended. (2) Be determined by the Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended, and (3) Be consistent with any ordinance of the city designating the property as historic or designating the historic district in which the property is located. 4. Evaluation of Property Used for Government or Nonprofit Purpose. Pursuant to Title XIV, Chapter 196.1998, Florida Statutes, which allows for exemption from ad valorem taxation of up to one hundred percent (100%) of the assessed value of the property as improved, a property is being used for government or nonprofit purposes if the sole occupant of at least sixty-five percent (65%) of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Chapter 617.013, Florida Statutes. As for being "regularly and frequently open" for public access, the property shall be open to the public not less than twelve (12) days per year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. 5. Application for Exemption; Fees. An applicant desiring an ad valorem tax exemption for proposed improvements to a historic property must file a request accompanied by its corresponding fee and all documentation required by the application checklist. The request shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources and promulgated in accordance with Rule 1A-38, Florida Administrative Code, and include additional information and documentation of the cost of the qualifying improvement. Part 1 of the application, the Preconstruction Application shall be submitted before qualifying improvements are initiated and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted to the City for review upon completion of the qualifying improvements. The Final Application/Request for Review of completed Work shall contain the Historic Preservation Exemption Covenant as established by the Department of State, Division of Historical Resources and applicable for the term for which the exemption is granted. 6. Preconstruction Application. The review process shall be initiated with the submittal of a Preconstruction Application to the City. The Preconstruction Application shall contain a copy of the application for Certificate of Appropriateness, information on project cost, and a copy of the most recent tax bill for the subject property from the Palm Beach County Property Appraiser. Upon the receipt of the Preconstruction Application by the City, the City shall conduct a review for eligibility in accordance with the requirements stated herein. 7. Review of Preconstruction Application. A review of the Preconstruction Application shall be completed by the City in accordance with the established schedule and process. a. Once the City determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained herein, the City shall approve the Preconstruction Application and issue a written notice to the applicant with a copy to the Board. b. If the City determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained herein, a written notice shall be provided to the 2013 S-41 14 Building, Construction, and Historic Preservation Requirements applicant, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. 8. Appeals to the Historic Resources Preservation Board. a. Within ten (10) days of receipt of notice that the City has denied a Preconstruction Application, the applicant may file a written notice of appeal of the denial to the Board. The appeal shall be processed in accordance with the public meeting and notification procedures required of the City's quasi-judicial hearing process, except that public notices need only be mailed to owners of abutting or adjacent property as determined by the Historic Preservation Planner. b. If the Board denies the appeal, the applicant may appeal the action of the Board to the City Commission. 9. Issuance of Other Permits or Approval. If all or part of the proposed improvements require a building permit or other necessary approval of the City or any other governmental agency, the improvements shall also be reviewed pursuant to any other applicable code provisions of the City and require such corresponding approval. A Preconstruction Application shall not be approved by the City and issued until such permit or other approvals have been granted. No certificate of occupancy or completion shall be issued by the City until the Final Application has been approved by the City Commission and all appeal proceedings have been completed. 10. Completion of Work. An applicant must complete all work within two (2) years following the date of approval of a Part 1, Preconstruction Application by staff. A Preconstruction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the Preconstruction Application. The Board, upon the recommendation of the City, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. 11. Final Application and Request for Review of Completed Work. a. The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total cost of the qualifying improvements. Appropriate documentation may include, but is not limited to paid contractor's bills, cancelled checks, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documents, the City shall inspect the completed improvements to ensure compliance with the Preconstruction Application, Certificate of Appropriateness, and any approved amendments. b. If the City determines that the work is a qualifying improvement and is in compliance with the review standards contained herein, the Final Application/Request for Review of Completed Work shall be approved and forwarded to the Board for review, and written notice shall be provided to the applicant. c. If the City determines that the work as completed is not in compliance with the Preconstruction Application or the established timeframe as described in this section, the applicant shall be given 2013 S-41 15 Boynton Beach Code written explanation for such findings, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. The application will be forwarded to the Board for review once the applicant makes the adequate changes necessary for compliance, or upon receiving notice from the applicant that no further changes will be made to the project. 12. Recommendations to Historic Resources Preservation Board and City Commission. On completion of the review of a Final Application/Request for Review of Completed Work, the City shall present such Final Application in a regularly scheduled meeting of the Board and recommend that such Board grant or deny the exemption. The recommendation and explanation shall be provided in writing to the applicant and Board for consideration at a public meeting. The application, along with a recommendation of approval or denial shall subsequently be forwarded by the Board to the City Commission for final consideration. 13. Approval by the City Commission. Upon approval of a Final Application/Request for Review of Completed Work by the Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution to approve the Final Application shall indicate the property owner, property address and legal description, time period that exemption will remain in effect and expiration date, and shall require the owner to record the restrictive covenant in the Official Record Book of Palm Beach County. The applicant shall provide the City with two (2) certified copies of the recorded covenant. 14. Notice of Approval to the Property Appraiser. The City shall transmit the following certified copies to the Palm Beach County Property Appraiser: 1) recorded restrictive covenant; 2) approved Final Application/Request for Review of Completed Work; and the resolution of the City Commission approving the Final Application and authorizing the tax exemption. 15. Effective Date and Duration of Tax Exemption. When the City Commission approves a historic preservation tax exemption, the covenant shall be in effect for ten (10) years; however, the City Commission has the discretion to approve a shorter time frame if petitioned by the property owner. The effective date of the exemption shall be January 1 of the following year from when the covenant and resolution are recorded with the Palm Beach County Clerk of the Court. 16. Property Maintenance, Penalty, and Revocation. The character of the property and qualifying improvements are to be maintained during the period that the exemption is granted. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the revocation of the granted tax exemption, and the property owner being subject to the payment of taxes that would have been owed had the exemption not been initially granted (see subparagraph (2) below). The revocation process shall occur as follows: a. Revocation Proceedings. (1) Staff or the Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms and conditions of the covenant; (2) The Board shall provide notice to the current owner of record of the property and hold a revocation public hearing, and make a recommendation to the City Commission; 2013 S-41 16 Building, Construction, and Historic Preservation Requirements (3) The City Commission shall review the recommendation of the Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided herein shall be provided to the owner, the Palm Beach County Property Appraiser and filed in the fficial records of Palm Beach County; (4) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1 of the year following receipt of the notice of revocation; and b. Notice of Penalties. The resolution revoking the tax exemption shall include a statement that a penalty equal to the total amount of taxes that would have been due in March of each of the previous years in which the tax exemption and covenant were in effect had the property not received the exemption, less the amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Section 212.12, Florida Statutes shall be imposed by the Palm Beach County Tax Collector for violation of the terms, conditions and standards of the Historic Preservation Exemption Covenant. 17. Annual Report. The City shall prepare an annual report to the City Commission regarding the tax exemption proposed in this article. The report shall be filed in January of each calendar year, and shall summarize the activities of the City and Board related to this article during the previous calendar year. The information shall include, but not be limited to, a list of the properties for which a Part 1, Preconstruction Application, and Part 2, Final Application/Request for Review of Completed Work were made during the preceding year; an explanation of the disposition of each application; the expenditures on each approved qualifying improvement during the calendar year; the total number of properties currently participating in the program provided within this article; and any other information requested by the City Commission. E. Standards for Archeological Work; Discovery of Archeological Site. 1. The Historic Preservation Planner shall be responsible for identifying, protecting, managing and promoting all cultural resources (historic and prehistoric sites and districts) within the municipal bounds. 2. Archaeological Work. Archeological surveys, assessments, excavations, and other work required by this ordinance shall be conducted by a qualified, professional archeologist and be consistent with the guidelines for such work promulgated by Palm Beach County that are consistent with accepted professional standards and regulations developed by the Florida Department of State Division of Historical Resources and the United States Department of the Interior, or their successor agencies. 3. Site Discovered During the Development Process. In the event that archaeological materials are discovered by ground disturbing activities on any property within the City, such activities in the immediate vicinity of the archaeological site shall be discontinued immediately and the Planning & Zoning Department notified. The site shall be inspected and may be required to be assessed by a qualified professional archaeologist at the expense of the property owner. 4. Unmarked Human Graves. If a discovery is made of an unmarked human grave or graves, then the procedures for notifying the State Archaeologist and County Medical Examiner shall be followed, consistent with state law. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-006, passed 2-15-11; Am. Ord. 12-008, passed 5-15-12; Am. Ord. 12-016, passed 10-2-12) 2013 S-41 17 Boynton Beach Code Sec. 7. Enforcement and Penalties. 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. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12) 2013 S-41 18 Flood Prevention Requirements ARTICLE X. FLOOD PREVENTION REQUIREMENTS Sec. 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. a. Minimize unnecessary disruption of commerce, access, and public service during times of flooding; b. Require the use of appropriate construction practices in order to prevent or minimize future flood damage; c. 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; d. 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; e. Minimize damage to public and private facilities and utilities; f. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; g. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; h. 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 i. To insure that potential homebuyers are notified that property is in a flood area. 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; 2013 S-42 1 Boynton Beach Code 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). 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 2013 S-42 2 Flood Prevention Requirements 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 VIII, 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. 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. 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; 2013 S-42 3 Boynton Beach Code 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); 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. 101-590 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 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 2013 S-42 4 Flood Prevention Requirements 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. 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 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. 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 2013 S-42 5 Boynton Beach Code 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. (Ord. 10-025, passed 12-7-10; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13) Sec. 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 fifty (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. 2013 S-42 6 Flood Prevention Requirements 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. 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: a. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or b. 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. 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: 2013 S-42 7 Boynton Beach Code 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. (Ord. 10-025, passed 12-7-10; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13) Sec. 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 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. (Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13) Sec. 4. Minimum Requirements and Higher Regulatory Standards for Flood Hazard Areas. In all areas of special flood hazard the following provisions are required: 2013 S-42 8 Flood Prevention Requirements 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 floodwaters into the system. d. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. 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 provisions of this article, shall meet the requirements of "new construction" as contained in this article. 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 floodwaters 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 2013 S-42 9 Boynton Beach Code 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 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. 2013 S-42 10 Flood Prevention Requirements 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 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 one hundred (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.D.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 2013 S-42 11 Boynton Beach Code 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 Sections 4.D.8. and 4.D.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. Non-residential 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 2013 S-42 12 Flood Prevention Requirements the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and utility and sanitary facilities completely flood proofed. 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 twenty (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. (Ord. 10-025, passed 12-7-10; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13) Sec. 5. Specific Requirements by Type of Improvement or Development. A. Utilities. 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 FAC Chapter 64E-6 and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters, and impairment of the facilities and systems. 2013 S-42 13 Boynton Beach Code 3. Water Supply Facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in FAC Chapter 62-532.500 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. 1. General. The following provisions shall apply for all subdivision proposals: a. All subdivision proposals shall be consistent with the need to minimize flood damage. b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. d. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contains more than fifty (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 fifty (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 F.S. § 320.8249, and shall comply with the requirements of FAC Chapter 15C-1 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. 2013 S-42 14 Flood Prevention 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. 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 thirty-six (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. 2013 S-42 15 Boynton Beach Code D. Tanks. 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. (Ord. 10-025, passed 12-7-10; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13) Sec. 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. (Ord. 13-020, passed 7-2-13) Sec. 7. Penalties. 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. (Ord. 10-025, passed 12-7-10; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 13-020, passed 7-2-13) 2013 S-42 16 Evacuation and Fill Regulations ARTICLE XI. EXCAVATION AND FILL REGULATIONS Sec. 1. General. A. Short Title. This article shall hereafter be known and cited as the "City Excavation and Fill Regulations." B. Purpose and Intent. The purpose of this article is to provide a set of regulations which govern the excavating, dredging, filling, and/or grading materials on privately owned land within the City of Boynton Beach. It is intended that these Regulations provide a minimum set of standards to be followed when excavating, dredging, filling, and/or grading materials is proposed within the city in order to protect the health, safety, and welfare of current and future residents. The issuance of a permit by the city pursuant to this chapter shall not relieve any party from obtaining the necessary excavation, dredge and fill permits from other state, federal or local governmental agencies which may have jurisdiction over the proposed fill, dredge or excavation, and it shall not permit the destruction of ocean front dunes seaward of the Coastal Construction Control Line (CCCL) established by the State of Florida (see also Chapter 4, Article I, Section 2; Chapter 3, Article IV, Section 1.H.; and City Code of Ordinances Part II, Chapter 10, Sections 10-23, 10-26(d), and 10-30). It is intended that requirements contained herein apply to all excavating, dredging, filling, and grading activities whether they are performed as part of the improvements required in the platting process; when associated with simultaneous building construction; or when performed as a separate operation. The objectives of these Regulations include, but are not limited to, the following: 1. Safety. To provide a maximum degree of safety and protection for the public through the orderly control of excavation operations; 2. Mitigation. To mitigate nuisances and reduce the negative impact of excavation operation on the residents and the environment; 3. Hazards. To provide a living environment for future residents that is relatively free from hazards which could result from misdirected excavation operations; 4. Order. To provide for the orderly excavation of land consistent with the public health, safety and welfare; and 5. Ecosystems. To prohibit land clearing practices that destroy native Florida ecosystems in whole or in part. C. Administration. The City Engineer or designee shall have the authority to interpret and administer this article. D. Applicability. These Regulations shall be applicable to all lands within the corporate limits of the city. It is intended that requirements contained herein apply to all excavating, dredging, filling, and grading activities whether they are performed as part of the improvements required in the platting process; when associated with simultaneous building construction; or when performed as a separate operation. E. Exemptions. The construction of a single-family or duplex dwelling unit on an individually platted lot within single-family or two-family residential zoning districts. 1 Boynton Beach Code F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. 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. H. Relief from Standards. In addition to the regulations of this article, all lands shall be improved in conformance with the minimum standards as set forth in the current Engineering Design Handbook and Construction Standards or latest supplement thereof. Any deviation from the excavation and fill regulations contained herein or within the Engineering Design Handbook and Construction Standards requires the approval of a waiver application, which is subject to review and approval of the City Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2, Article III, Section 5. (Ord. 10-025, passed 12-7-10) Sec. 2. City Approval Required. No excavating, dredging, filling, and grading activities shall commence without first securing the necessary city approvals and permits as provided hereunder, except in instances when exempt from these Regulations in accordance with Section 1.D. above. The following processes and permits are intended to ensure that all excavating, dredging, filling, and grading activities comply with the standards of this article: A. Private Property and Public Lands. The property owner or agent shall file the following applications prior to commencement of any of the aforementioned improvements: 1. Site Plan Review. The site plan review process shall be required and in accordance with the procedures set forth in Chapter 2, Article II, Section 2.F. prior to the issuance of any land development permit. For the purpose of this subsection, the term "site plan" is construed to include master site plan and technical site plan applications. 2. Land Development Permit. a. The land development permit process shall only be initiated subsequent to the approval of the following: 1) final plat application in accordance with the procedures set forth in Chapter 2, Article II, Section 2, unless otherwise determined by the City Engineer; and 2) site plan application, except in those instances when site plan review is not required. b. The land development permit application shall be processed in accordance with the procedures set forth in Chapter 2, Article III, Section 3. The applicant must secure approval from the City Commission for all work involving the movement of material one thousand (1,000) cubic yards or greater beyond the property lines. c. Any excavation or fill activity that includes the removal, relocation, or replacement of existing plant material shall be subject to the environmental protection standards of Chapter 4, Article I. For clarification, a community garden shall be exempt from the Tree Preservation Ordinance with respect to the fruits, vegetables, nuts, and herbs growing on the subject property in connection with the approved activity. 2 Evacuation and Fill Regulations d. The issuance of a land development permit shall not relieve any party from obtaining the necessary permits which may be required by the various federal, state, or local government agencies. B. City Rights-of-Way. A right-of-way permit application shall be required for any proposal to construct, reconstruct, repair, alter, or grade in, or upon, any area within a city right-of-way in accordance with the procedures set forth in Chapter 2, Article III, Section 4. (Ord. 10-025, passed 12-7-10) Sec. 3. Classifications of Excavation and Fill Activities. For the purpose of this section, excavating, filling, dredging, and grading activities are further classified as follows: Activity involving the excavation and filling of materials not more than two (2) feet below existing grade with no materials moved beyond the project property lines. A. Category 1. Activity involving the excavation and/or filling of materials not more than two (2) feet below existing grade with excavated materials moved beyond the project property lines. B. Category 2. Activity involving the excavation and filling of materials more than two (2) feet below existing grade or excavation below the water table with no materials moved beyond the project property lines. C. Category 3. Activity involving the excavation of materials more than two (2) feet below existing grade or excavation beyond the water table with materials being moved beyond the project property lines. (Ord. 10-025, passed 12-7-10) Sec. 4. Standards. The following standards shall apply to all applications for "Excavation and Fill Permits": A. Water Bodies. Creation of water bodies. In instances involving the creation of water bodies as a result of excavating materials, work shall comply with the requirements of the South Florida Water Management District (SFWMD) except the city may impose more stringent requirements when judged to be in the public interest. Those requirements include but are not limited to littoral and upland plantings in accordance with Chapter 4, Article II, Section 4.A.9. All water bodies such as lakes, canals, and other stormwater detention areas used for stormwater management shall be placed in water management tracts shown on recordable documents and dedicated to the entity responsible for their maintenance. All water management tracts shall be constructed in accordance with city standards. The ownership and maintenance responsibility for drainage facilities, including lakes, shall be clearly stated in documents recorded in the County Clerk's records. Official copies of the recorded documents will be given to the city prior to issuance of a certificate of completion. B. Inspections. In connection with the administration of this section, inspections shall be requested by the developer as prescribed by the City Engineer. 3 Boynton Beach Code C. Reports. A certified report shall be submitted each month by the applicant's Florida registered engineer. Each report shall certify that the work is (or is not) conforming with the requirements of the permit. If the work is not in conformance, then the report must list each item of work not consistent with the stipulations of the permit and the remedial action that the engineer has taken concerning each item. D. Mitigation. If building construction on the site is to be delayed more than sixty (60) days after the site is cleared or partially cleared, all disturbed portions of the site shall be seeded and mulched as described in Chapter 4, Article I, Section 4.E. The intention of this paragraph is to provide adequate ground cover to all portions of a disturbed site until permanent ground cover is installed. The applicant shall control blowing sand, dust and other airborne particulate matter during clearing, grubbing, excavation and filling and until such time as permanent ground cover is installed. All Melaleuca, Brazilian Pepper and Australian Pine which occurs on the site shall be removed. E. Archeological Artifacts. Construction must immediately cease upon discovery of archeological artifacts, and certified notification must be forwarded within twenty-four (24) hours to the Division of Archives, History and Records Management, Florida Department of State. Artifacts must be protected by the developer to the satisfaction of the division prior to recommencement of construction in the immediate area of the discovery. (Ord. 10-025, passed 12-7-10) Sec. 5. Restoration Surety. Applicant must submit surety as outlined in Chapter 2, Article III, Section 6 in the amount of one hundred ten percent (110%) of the engineer's certified cost for work according to this section. The city shall, at all times, have the authority to draw upon the surety and complete the work should the applicant be in default of the permit requirements. (Ord. 10-025, passed 12-7-10) Sec. 6. Penalties. 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. (Ord. 10-025, passed 12-7-10) 2012 S-39 4