O75-19ORDINANCE NO. 75- 19
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 31, ENTITLED "ZONING", OF THE CODIFIED
ORDINANCES OF SAID CITY BY AMENDING AND REPLACING ALL
SECTIONS OF S~ID CHAPTER 31 EXCEPT SECTION 3I~10.2
ENTITLED "PLANNED UNIT DEVELOPMENTS", SECTION 31-16.1
ENTITLED "TECHNICAL COMMITTEE FOR SITE PLAN REVIEW"
AND SECTION 31-16.2 ENTITLED "COMMHNITY APPEARANCE
BOARD", WHICH SECTIONS SHALL RE,LAIN IN FULL FORCE AND
EFFECT; AMENDING THE COMPREHENSIVE DEVELOPMENT PLAN ANR
ZONING REGULATIONS FOR SAID CITY ANR ADOPTING A REVISED
~NONINGMAP, AND PROVIDING FOR THE ADMINISTRATION AND
FoRcEMENT 'THEREQF; PROVIDING FURTHER FOR AUTHORITY TO
CODIFY, SAVINGS CLAUSE, REPEALING PROVISIONS, AN EFFEC-
TIVE DATE AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH,
FLORIDA, that iChapter. 31, entitled "Zoning", of the Codified
Ordinances of said City are amended as follows:
A. That Section31-10.2 entitled "Planned Unit Developments",
Section31-16.1 entitled "~echnical Comz%ittee for Sits Plan Review"
and sectio~ 31-16.2 entitled "Community Appearance Board", shall
each remain in full force and effect.
B. That the comprehensive development plan and zoning
regulations be otherwise amended as hereinafter provided in the
attached "OFFICIAL ZONING REGULATIONS, CITY OF BOYNTON BEACH,
PALM BEACH 1COUNTY,. FLORIDA'~ and made a part hereof.
iS~e~on 5
Ao
Uses Permitted
b. Churches and Other places of worship with'their attend-
ant accessory uses, providing for a minimum site of one
(1) acre with a minimum of 150 foot frontage. Nursery
~choots, primary and secondary schools and Colleges and
universities are not to he construed to be an accessory
use to a place of worship by these regulations.
c. City-o~rned and operated facilities.
Private golf courses and associated clubhouse facilities
including private bath, swim, tennis or country clubs
and community or city-owned and operated recreation clubs
and associations, specifically.excluding driving ranges
or tees, miniature courses and similar uses operated as
separate ventures from the primary use of uses.
Primary add secondary s~hools, seminaries, colleges and
universit~s*
k.l.A. Those uses specified above which are followed by an asterisk
(*) Shall be deemed to be conditional uses, which may be
considered and granted in accordance with the procedures set
forth in Section 11.2 of Appendix A of the Code of Ordinances
of the City of Boynton Beach, Florida.
Section 5
F. 1. Uses Permitted
c. Nursery schools, day care centers and other pre-school
facilities* (see'Section lt-C)
F.1.A.
Th~se ~ses specffied ~b6ve which are followed by an asterisk
(*) shall be deemed to be conditional uses, which may be
considered and granted in accordance with the procedures set
forth in Section 11.2 of Appendix A of the Code of Ordinances
of the City of Boynton Beach, FL.
Section 6
A.l.a. Churches and other places of worship and attehdant accessory
uses. Nursery schools, primary and secondary schools and colleges
and universities are not to be construed to be an accessory use to
a place of worship by these regulations.
b.
Co
1.
A.t.A.
Nursery schools, day care centers and other pre-school facilities*
(see section ll-c)
Primary and secondary schools, seminaries, colleges and universities*
These uses specified above which are followed by an asterisk
(*) shall be deemed to be conditional uses, which may be
considered and granted in accordance with the procedures set
forth in Section 11.2 of Appendix A of the Code of Ordinances
of the City of Boynton Beach, FL.
OFFICIAL
ZONING REGULATIONS
CITY
OF
BOYNTON BEACH
PkLM_BEACH COUNTY
FLORIDA
Section 1.
Section 2.
Section
Section 4.
Section 5.
Section 6-
Section 7.
Defini~ons of Ter~s .......................................
Scope and Authoriiy of the Zoning Regulations
A Scope . 10
B. Authority ..............................................
Regulations and Map
A Official Zoning Map
1. Adoption ...........................................
2. l~eplac.e~..t ...................................... 1!
3. Establishing Of Zoning Districts ...... · .....[ [ ..... iL1
4. Changes in District Boundaries ..................... 11
5. Rules for Interpretation of Disi-~ict Boundaries .... 12
6. Applicai~.on of District Regulations ................ 12
G~ner~l Provision
A. One Principal Building per lot .........................
B. Distance Between Buildings .............................
C. Building Prontage ......................................
D Double Prontage Lots ..14
E. Vision Cleamance at Corners ............................ 14
F. Height Limitations ..................................... 14
G. Cu!-de-sac ............................................. 14
H. Tempomary Buildings ....................................
I. Other Structures ....................................... 14
J. Required Square F~?~n~%ag~ ............................... !5
Residential District Regulations and Use Provisions
A. R-l-AAA Single Family Residential ...................... 16
B. R-1-AAB Single Family Residential ...................... 17
C. R-I-AA Single Family Residential ....................... 17
D. R-1-A Single Family Residential ........................ 18
E. R-1 Single Family Residential .......................... 19
F. R-2 Single and Two Family D~elling District ............ 19
G. R-3 Multiple Family DwellJmg District .................. 21
Commercial District Regulations and Use Provisions
A. C~I Office and Professional Comrermiat District ........ 23
B. C-2 Neighborhood C~al District ................... 2q
C. C-3 Community Conmercial District ...................... 26
D. C-4 Genera2 Comnercial Disi-~ict ........................ 28
E. CBD Central Business Distmiet ......................... 130
Industrial Office Park District Regulations and Use Provisions.
TABLE OF CON'±~FfS - continued
Section 8. M-1 industrial District Regulations and Use Provisions ....... 32
Section 9.
Administratien and Enforcement
A. t~lding Permits Required ............
B. Certificate of Occupancy ...........................
C. Dis u.lct Boundary Q~anges (Rezoning) ......... -. ...........
D. Civil Remedies for'Enforcement .......................... ; 37
Section 10.
Section 11.
The Board of Adjustment
A. Composition and Procedure ................................
B. P~wers aud.,Duties ............................ · ...........
C. Review of Administrative Orders ..........................
D. Appeals from Decision of Administrative Official .........
E. Stay of Work and Proceeding on Appeals ...................
F. Hea~ing of Appeals ....................................
G. Judicial Review of Decisions of Board of Adjustment .....
SUpplemental Regulations
A Site Plan Req~ ..
B. Cluster Developments ..................................... 42
C. Nursery and/or Other Preschool Facilities ................ 43
D. Home Occupations .........................................
E .... ' ' ' 43
· ~,Pools.. ............................................
F. Screen Enclosures ........................................ 43
G. Tcamhouses ................................................ 4q
H. Off Street Parking ...... 44
I. Location of Off Street Perking Spaces .................... 46
J. Off Street Loading: ......................... 46
K. Permanent Reservation of Spaces ...... [][[][[[[[[[[ ....... 47
L. Service Stations Without Ma~or Repairs ................... 47
M. Ser~ica Stations With Major Repairs ...................... 47
Interpretation and Purpose -
Section 12 ..................................
Section 13. Existing Bulkhead Line Ratified and Confirmed ................ 48
Section 14. Bulkhead Line-Permit Requ~d for land Filling ............... 48
Section 15. Conflict of Interest ........................................ 49
Section 16. Enforcement of Violation and Penalties ....................... 49
Page 1
I NTRiOD~UCTI 0N
The following are the Official Zoning Regulations of the City of Boynton
B&aeh which are based on the Gememat Development Plan adopted by the
City Cotm~l of Boynton Beach in 1972~ These regulations s_re one of
the tools.to-i~ptement and effectuate this Plan, together with the other
tools entitled the S~ubdivlsion Regulations~ the 0ffieial Zon~g Map and
The Capital Improvement Program and Budget, they Shall be reviewed at
intervals of not more than one year as. stipulated by Flomida Statutes
fhapter !6~.
Contained herein is the text of the Zoning toot, declaming the zoning
d~stricts and ~1] pertinent information that applies to each district.
The location and boundaries of the zoning districts sine shown on the map
entitled "Official Zoning Map~_Boynton Beach, Florida", which map is
hereby declared to be a part of these Regulations.
Both This text and the map declare seven (7) residential districts, fou~
(4) commercial districts, two (2) indUStrial districts~ and one (!) city
owned district. The City Owned District refers only to properties owned
by the City of Boynton Beach. All other details are found in the subse-
quent pages and on the Official Zoning Map.
These regulations are made in accordance with a General Development Plan
of the City of Boyntc~ Beach, Florida, designed to lessen congestion in
the streets; to secure safety from fire; tQ provide adequate light and
to prevent the ov~ding of land; to avoid undue Ccaeery~ation of
populations; to facilitate adequate provisions of transportation, water,
sewerage, schools, pa~ks and other public.requirements, and to conserve the
value of buildings. The comprehensive plan and revised zoning map dated,
, now on file in the office of the Building Official
in t~e Boynton Beach Building Depaz.h~ent is hereby adopted by reference,
incorporated herein and established as the official comprehensive plan
and zooing map of the City of Boynton Beach, Florida.
Such regulations are made with reasonable consideration, among other
things, to the character of the district and its peculiar suitability for
particular uses, and with a view to encouraging the most appropriate use
of land throughout ~he City of Boynton Beach.
A better conmmmity does not just happen-~it is planned and zoned to
achieve its objectives, to preserve its best charactemistics, to trans-
fora plans into reality and to create a desirable place in which to live
and to work.
Page 2
Section 1---Definitions of Terms
GI~ERAL DEFINITIONS
Ail words used in .the present tense shall include the future tense;
All words in the singular number shall include the pl .u~_al number;
arid all wOrds in the plural number shall include the smngulam num-
ber unless the natural construction indicates Otherwise; the words
"used for~' shali include the .me.~_ '_.~ "designed for"; the word.s _t~uc-
ture shall include the word "building"; the word '~!ot" sh~]] mnclude
the words. "plot and tract"; and the word "shall" is mandatory.
Definitions
For purposes of these regulations, the fo!lcwing .terms or words shall
be used ~n interpretation of the purpose and intent:
Abutting Proper~y-See contiguous
Access-The ?r_incipal means 9f ingress and egress of abutting property
~pubticly dedicated rlght-of~way.
Accessory Building or Structure-A detached, subordinate building, the
use of which is clearly incidents/ and related To that of the pr/~cipal
building or use of the land, and which is located on the same lot as
that of the prineips/ building or use.
Accessory Use-A use that is customarily incidental to the prineioal use
and so necessary or con~nonly to be expeeted that it cannot be supposed
that these regulations intended to prevent it. Accessory uses, unless
otherwise provide, shall be located on the same premises as the prin-
cipal use.
Alley-A right-of-way which affords only a secondar~ means of access to
property abutting thereon and is not intended or used for general traffic
circulation.
Alterations ~ Building-Any change in the structn~re which will increase the
number of useable-units, the floor area, or height of the structure.
~tyA room or a suite of rooms occupied, or which is intended or
desmgned to be occupied, es the home or residence of one (t) individual,
family or household, for housekeep/ng purposes.
Apartment, Efficiency-A dwel/ing unit consisting of one (I) room, other
than a bathroom: and providing cooking facilities.
Page
r ~_DEFINITIONS _ continued
~ manG USe~ exe~Slvelv fora reta/1 sale of gasoline Or o~hem
fuels and fora any aoces~0ry Uses such as : the sale Of lubmie~s~
aag~s~°Pi,es~ supp3~es: ~the tubmieation of ~o~o
jus~Jnent or me ~ . r vehicles ·
~ - . . ~P or mo~om vehiCles ro ........ , the m/nor
~epa3_rs) No vehicle- ~-~ f ~ ~. ~o~.~ meranltlon: Minor
: =o ~,.~zm De s~ored nora ma]or mech ' -
done on the lot. A public ~amkin~ ~ ~ c~. anmc~ repairs
not a permitted accessory ~%. ~ zoz om pu0mZe parking garage is
Boarding and Roomin~ House-A buil,~-: ........
vi~g loa~~ - ~ ~,~ ~er man a hotel
~= ~on served for compensation.
Boate~-Yachtel
~ne~?,e~m.,.or protectmon of chattel= ~- . po , enclosure
wore 'building" inclu~ +~ .7~o,~ persons, anmmals or th~ ~^
si~uci~re and shall incl
groundthing constructed, om erected which mequ/res permanent location the
om.ms, attached To anything havln ..... on
~round and Shall /nclu~= =.~ ...... ~..~ p~rmanent ±oeation o
-~, ~ur ~o~ De llmmted to, such sTru~ the
as
homes, hotels, motels, apartments, stores~ service stations: mad/o
· " " ' ed by the phrase,
o ' , green elevators
"Or' S
, part thereoi~,. '
!~vv¢?~r~zi'~d_d:.dF~j~ ~ ~ ~ft_e~ the req_uired se.t~_aeks
~ng~ .a~ea., Out.limitations on the ~[2 ~ ~, ~en.y p..a~ oz the build-
eree Dy bu~Idings may re uire oo~-~J~ o.~.?~.e lot which may be
q =-.. ~=ee wzr3nn the building area.~-
~.%!~ ~0ffic~ial-The official in charge Of the B
~: u~rn0~ze~ .z~.presentative ch=~--' .... u~lding Department, or
men~ or the Building and Zonin~ ~ ~=~ 5~rn a~m~nistration and enfo~
· ~ ~o~es rom ~he City of Bo~ ton ~ ~e-
~Buil~din---ga--Pmincipal-A building in which '
c~pal Use o . . ms ndueted th or
~e O~ot on whmch o~ ~--'~ ~. ~9 . e main prin-
oo~u ~UlmGl_ngI is situated.
~e. ding.~Se%baek line_-A, line ~e/ineating the minimum allowable distance
en ~ne propemty lmne and the building..
Buildin_~_Site-A potation or parcel of land c~nside
to a ieertsin ~USe om occ,~i~ x ....... red as a unit, devot~
~ united'by-a con,on ~;~ ~mOulmO3-nguse ,' 'and°rthegr°up of buildin~
ormes~ and open spaces belonging to the s~um. customary access-
_B~i~_.ess~ 0.fficq-Any conmercial activity pm' '1 co .- =.
no~ mnvo±wng the sale of =~ -- ~ y nducted mn an offi~
~ om, conmonomr~es available in an office~'
telephone answerdn~ service= ....... ~._-~ ~, ~zeo~t reportmng agencies
Page
DEFINITION~.- continued
Cam Wash (Autcmatic or Se!f-Service)-A building or area w~ich provides
facilities for Washing and cte~ning motor ~_hicles, which max use.
production line methods with a eonveyor~ blower, or othe~p me~h~zical
devices, and which may employ son~ hand labor,
Carpor~A roofed area open-on 6ne (1), two (2) or three (3) sides and
a--~d to the main building, for the storage of one (1) or more
vehicles. -
Centerline-A line mid~ay between the right-of-_w, ay ~s or .*3~.e surveyed
and presc-vJ3oed eanterline established by the City Engineem whzch may. or
may not be the line midway between the existing or proposed right-of-way
lines.
Certificate of Oceupaney-A statement signed by the City Building Official
seLhLng fore_h that a building or st~uctnrre legally eompties with the City
of Boynton Beach Bu~]ding and Zoning Codes and ~nat the sa~e may be used
for the purposes stated
clinic-An establishment where patients, who are not lodged overnight except
for observation or emergency treatment, are admitted for examination and
treatment by one (1) person or group of persons practicing any form of
he~]~ng or health building services to individuals, Whether such persons
be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths,
optometrists ~ dentists, veterinamians, or any such profession, the practice
of which is l~ful in the State of Florida.
Club-BuildJ-ngs and facilities owned-and operated by a corporation or assoc-
ma.~.ion of persons for social or recreational p .u~po. ses. but not operated .
pflmarily for a profit or to render a service which ms customarily earrmed
on as a business.
Completely, Enclosed-A building seperated on all sides from the adjacent
open area, or from other buildings or other structures, by a permanent
roof and by exterior walls or party wails, pierced onty by windcws or
entrances or exit doors r~rmally provided for the accommodation of per-
sons, goods, or vehicles.
Contiguous-Lands are contiguous if they adjoin each other or if separated
only by streets, ways~ easements, pipe/in~s, powertines, conduits, or rights-
of-way under ownership of the petitioner, or a governmental agency, or sub-
division: or public or private utility.
Comer lot-See lot.
Cut-De-Sac-A circular'turn-around on a minor street with omly one (1) out-
let.
Density-An existing or projected relationship between numbers of dwelling
units and land area.
Page 5
DEFINITIONS - continued
, ~zost om any Other legal entity commenemmg proceedings
under this ordin~ce.
District-Any certain described area of The City of Boynton Beach to which
theSe regulations apply and wiThin~whihh.the_zoniug.megulations .are. uni~
Drive-In Restaurant-A restaurant Which is designed and equipped to serve
food and beverage to patrons in automobiles, and/o~ to ~]lcw consumption
of food and beve?age by patrons in automcbiles on the premises.
Dwelling Unit-A house, apartment, or building used primemi!y for human
habitation and shall include baTh and culinary accommodationS.
1. Single Family D~el]~ng,: A building containing ciily one single family
dwe]] ~ng unit.
2. Multiple Family Dwelling: A building containing two (2) or more
dwelling units.
Easement ~lAny strip of land' created by a subdivider or granted by the
c~ner, for public or private utilities, drainage, sanitation or oTher
specified uses having limitation, the title to which shs!i remain in
the name of The prepertUf ownem, subject to the right of use designated
in the reservation of ~ne semvit~de.
Enginee~ Registered-A professional engineer registered by the State of
Florida and trained in the field of engineering.
Engineering DepOt-The office of the City Engineer for the City of
Bo~nton Beach.
Enlargement or'to Enlerge-An enlargement is an addition to the floor
area of an existing building, an increase in The size of any
strUcture, or an increase in that portion of a tract of land occupied
by an existing use. To enlarge is to make an entsmgement.
F~-A sm~..gle person occupymng a dwelling un%_t and ma~n_ tamnm.~ a hous -
ho-o-~,, including ttwo (2) or more persons related by blood, marmmage, or
adoption occnpying a dwelling, living together and maintaining a common
household. A co, non household shall be deemed to exist if all members
thereof have access to all parts of The dwelling.
Floor Area, Minimum-The area of the floor or floors measured from the
eenterline of The exterior walls to The centerline of dividing w~qls.
The area for garages , roofed over screened porches g utility rooms shall
be credited fop fifty (50) percent of floor area. Open perches and
campor~s shall be credited with twenty-f~ive (25) p~. ~reen7 of flo.o?~are~a~.
Accessory buildings sh~] ] not count as r±oor area mr nor accessmo±e from
~e interior of tSe building. Not more than ten (lO) pemcent of any
minJ3num floor area shall be credited to screened-in porches or' breeze-
ways o
page 6
IiEPINITIONS_- continued
Garage, .Public Parkin~A building or other structure whihh provides
perking or storage for motor vehicles.
General Developmerft Plan-The o.fficis~, publi~ document adopted by the
City of Boynto~ Beach as a policy guide to present end futn~re land
use decisions.
Grade-Finished-The average level of the finished surface of the ground
adjacent to the exterior w~ of the building.
Home Occupation-Any ocCUpat~9~n in oganectio.~n with which there is kept
no stock ~n trade nor oo~modity sold upon the prenmses, no person
employed ol~e~ than a member' of the ~diate family residing upon
the premises, end nc mechanical equipment used except such as is per-
missible for purely domestic or household purposes.
Hotel-Any building containing principally sleeping rooms in which tran-
sient guests are lodged with or without meals, With no provision made
for cooking iu a~.¥ ~dividu~l room or suite and~having 9r not having
one (1) or more dining rooms, restaurants or cares as accessory uses.
Such building would structurally and for purgoses of safety be obliged
to confom to the laws of the Hotel ~nd Restaurant Commission.
Hotel Apartment-Any b,~lding containing a mixture of sleeping rooms and
apartment suites foe Transient guests. Buildings designed as hotel
apartments shall have not more than one-third of the total units devoted
to apartment suites. Dining rooms and lounges would be permitted as an
accessory use.
Junk Yard-An open area where waste, used or second hand materials are
bought, sold, exchanged: stored, baled, packed om disassembled, ine. l~ud-
ing but not limited to scrap iron and other metals and waste matermams.
A junk yard includes an automobile wrecking yard and seoond hand auto-
motive parts yard.
Laundry and Dryeleaning~ S~lf Serviee-A business T_hat provides hcme-
type washing, drying~ dryclean~ng, and/or ironing machines for hire-,~
~o be used by customers on the premises.
Legal Ae~cess-A dedicat.ed-"and recorded right-o..f-way, or eas .e.ment, ex-
eluding utility or drainage easements, affordmng perpetual mngress and
egress from a subject property to a public thoroughfare.
Limited Access-A highway or freeway which does not permit access excepm
at authorized and eo~ntrolled points. The acquisition of right-of-way for
such highways or ~eways usually includes The acquisition of access
r~ghts thereto. Access .may also be limited through methods othem than
acquisition of access rights.
Loading Space-Accommodation off the street for load/rig onto and unloading
from trucks, in the foe of one (1) or mere truck berths'located either
within a building or in an open area on the same lot.
Page 7
DEF~-iTIONS - ' ontinued
Lot: Is ei~_he~:'
A lot of record as pa~t of a land subdivision, recorded in the
office of the Clerk of The Circuit Cour~ of Palm Beach County,
and existing on the effective date of the regulations, or any
~applicable subsequent amendment thereto,-or
A tmact of land unde~ a Ur~Ty of Title document o~ a tract of
land, eithe~ ~msubdivided or consisting of abutting lbts of record
which on The~ effective date of these regulations or
any applicable subsequent amendment thereto, was in one. owner-
ship, or
A tract of land, which at the time of filing for a building
permit is designated by its owner or developer as a mract all
of which is to be used, developed om built upon as a unit
ander one ownership.
Lot Area-The total area ihcluded within lot lines.
Lot, Comer-Either a lot bounded entirely by streets, or a lot which
adjoins the point of intersection of two (2) om more streets.'
Lot C~verage-ThaT por~ion of the area of a lot, expressed as 'a percentage.
occupied by ml 1 buildings or structur&s which are roofed or otherwise
covered and that extend more than three (3) feet above the surface ground
level.
Lot Depth-The length of a straight line dra~uu from the mid-point of the front
proper~y line of the lot to the mid-point of the ream property line of the
lot.
Lot Frontage-The property line adjacent to a public street, it is also the
front preper~Ig line. ' ' ~
Lot, Interior-Any tot that is neither a corner lot nor a through lot.
Lot, Through (Double Frontage ) -Any lot, not a corner tot,.having both the
front and ream property lines adjacent to a public street
Lot Width-The distance between the side lot lines measured at might angles
to the lot depth at a point mi~ay between the front and ream propezeey
lines.
Major Repairs-They shall include complete engine overhaul, replacement of
internal pm~ts of engines other than valves, %slve parts and overhead
camshafts. Also included is repair of ~ny portion of the drive mechanism,
body and fender work, auto painting and customizing.
Page 8
DEFINITIONS - continued
.iMa~or Thoroughfare-A n~n traffic artery connecting two or moro nun-
eipalities.
Marina-A facility designed to provide a variety of ac_epmmodati~ns-' ~or
local or transient boaters, such as fueling, dockage, wet or dry s~or-
age, making minor ropairs or alterations; the latter while in wet or
dry storage. Where possible, ~11 ropairs, especislly major ropairs,
will be accomplished within an enclosed or three-quarter enclosed
building. ~
Minor[-Repairs-They shs]] include engine tune-up, valve work, carburetor
rop~ir, wheal balancing end roplacement end/or repair of any external
parts of engines.
Mobile Home-A m~nufa~d detached, transportable, single family
d~e]]~ng unit designed for long term occupancy end arriving at the
site where it is to be occup%ed as a eompl_e.te d~elIing u~.t: containing'
all conveniences ar~ facilities~ with plumbing end eleetrzcal connections
provided for attachment to approved utility systenm. To rotain mobility,
undercarriage end axles must remain attached to the unit.
Motel-A building or group of buildings which contains .sleeping acco~no-
da-~ns for transient occupancy, end has individual entrances to serve
such sleeping units. No provisions shall be made for cooking in eny
individual room. Motelsmay have one (1) or more dining rooms, rostau-
rents or lounges as accessory uses.
Motel Apartment-Any build~..g containing a mi~ of sleeping rooms end
apartment suites for transient guests or.]y. Dining rooms and lounges
would be permitted as en accessory use.
Nursery Schools end/or Preschool Facilities-A supervised training and/or
socis]~zing center for children.
Open Space-A roquirod exterior open area clear from the ground to the
sky devoid of rosidential and eomercial buildlngs: end accessory struc-
ruins.
Parking Space-A surfaced area, enclosed or ur~nclosed, sufficient in size
to store one (1) autcmobile~ together with a driveway connecting the
parking space withe street or.alley end permitting ingress end egress
of an automobile.
Plat~Amap depicting the division of land into lots, blocks, parcels,
tracts or otherportions thereof.
~{~z~-The legal process, by which changes sre made to the boundary or
aries of a zoning district(s) or where a new boundary or boundaries
are established for a zoning district(s). This process is known herein as
a district boundary change.
Right-of-way-A strip of lend dedicated or deeded to the perpetual use of
the public.
?a~e 9
DEYI~ITIONS - continued .... ck ~rom and parellelt9 the
.... ~u~ a cer~, · wt~ich prO_vm~es ~ .... ~ted,
A 33~e ~ 13Jle w ' be
Setback- - .... ~=a~ oroperty --':- - ,hereof sh~ll . ~ ~ Code.
U.L-~n no buildmng, .... _ = unless sPec~-~ ~
wheremn ~-.-~ or p£aceu
erected,
..... +s in an unoccupied
-- ~ekeeoing of any goo~ or prouuu~_~ .~.ithln seventY-
c+~a~e~ 0pen-T_ne s.az =~Fev~ntual removalt not expec%~u ~jlmilaP goods
~ the sky replacement by same or
spaC~ ~ for oonti/luous
two (7~) hours or
or productS- _ --~c1¥~ which ~ffordS the
· owned privately or P~_~ ~ Word ,,street"
o~=et-A strip of land, ~ abutting properu3-~ ~-~_= ~Dmes~ay~ lane:
prmn pap ~ ~,m~fare, pap .Y --- desz~nated
ctudes road, u,,~z'-,~- _z or however otherWm~c =
throughwaY, place,
above mentioned roadway.
~ ~=~] Access-A street which~ is parallel and ad, scent to an
Stree%, ~'~ V~-~:.~=+ or limitea acceSS street.
expres SW~3 ~
'vis,on-The division of a pau~cel of land into two (~) o~ more lots
subdivms-m°n-'~'~h=r bY plat into lots and bloCkSownersh.lpOr by me,eSop deveand bounds
if a nOW stree%
in the State of
registered
Surve oy~__r- Aland surveyor .... ~'Ther above or belOW
=.-~ mo~ of ware ~ .... ~0% feet in dep
· pool-Any e~si~te: exce ng '
$w~_~='-~'~ed level-of th - .~n= or recreatmon
~ existmng z ..... ~ be used %or sw
designed, used, or zn~enm~u ~
purposes ·
use-AnY purpose -for which a building or other structure or a tract of land
~ be desiDned' arranged, intended, maintained or occupied; or any
activity, occupation: business or operation carried on, or intended to be
carried on~ in ~ building or o~her strUcture or on a tract of land.
s!---eTh orimary purpose for which Iand or buitdJ-~g is used
as ~tted Dy u~
yachtet_-A mamina or dockage offering on-shOre overnight accommodations-
Yard-An open space o~ ~he same lot with s bu&ldi~g, unoccupied and unob-
~cted from the ~ound upward: excep~ by t~ees om sb/m/bbereY om as
otherwise provided herein-
Page 10
Section 2 - Scope and Aufnoril~y of e_he Zonin~ l~egulatiorz
scope
~ais Zoning Regulation is a comprehensive zoning regulation'fora the City
of Boynton Beach: Flomida; ~ividing the City into districts and establishing
~t~.e boundaz~ies themeof; reg~t.ating and.restricting ~i_e~.ctiom, con~uc-
tion, reconstruction, ~lteraTion, repm~, or use of buildings, si-~uctures,
or land or water; regulating and restmicting the height, numbe~ of stories,
and size of buildings and othe~ str~eture$; regulating and r~stmicting The
pe~cautage of lots that may b¢?ccupied! re .gu~a.t~.' g and restricting ~he size
of yards, cou~ts, and othe~ open spaces., regu±atmng and restricting The
density of population; regulating and restricting the .lOCation~ of use of~
bu~]clings, structures, and land and water for T~ade, .industry, residence,
and pu oses; fining ,used; p vid-
establishing and defining The powers and duties of the Plarazmg and Zoming
Board; establishing and defining the power~ and duties of the Board of
authorizing resoz~, to othe~ .rem~.e~_ to preve~t o~ aoaze.wo±a~.on, pr~l.Wa-
ing that this zoning regu~atic~ Shall supersede any previous ~zoromg orozn-
ante or resolution; and for othe~ purposes~
Autho~
Pursuant to the Provision of the Charter of the City of Bo_vnton Beach,
Florida, the City Coun~t of the City of Boynton Beach, Florida, has
adopted and hereby declares the intent to utilize the "official Zoning
Regulations" (together with the Official Zop/ng Map) for the bettermen~
of the City as so intrusted to them.
Section 3 - Regulations ~nd Map
Th_is set of regulations ~ _t~e_ .Th? with the~offi?ial .zoni~.~ ~map ~?h ,e,o~fil~_ja1
ator~ ma~er T_h~ S]~// De J~c~,,%~seo ano ~asz De ~Tecl as
Zoning .Regulations of ~he City of Boynton Beach, Florida, Palm Beach County".
Official Zoning Map
1. Adoption: The district boundaries hereinafter set. for~/a and delineated
on the Official Z~ Map~ i?cluding all explanatory.matt.e~_..~thereon,
is hereby adopted. 'She Official Zone. g M_.ap shall be i.de~.tifie~d?~_ .the
signat0re of the Mayor, attestedby the City Clerk, dated, anm oearzng
the seal of the City, certifying it as par~ of the Official Zoning
Regulations.
2. Replacement: If the Official Zoning Map needs to be replaced: the City
Cou~dil may by Ordinance adopt, anew official zoning map which snper---
sedes the prior official zoning map.
Establishment of Zonin$ Districts
The City of Boynton Beach is hereby divided into zoning districts
as follows ~nd-as delineated on' the Official Zoning Map which,
together'with all explanatory matter thereon, is hereby declared
a part of the Official Zoning Regulations:
R-l-AAA
R-1-AAB
R-l-AA
R-1-A
R-1
C-1
-Single Famil.v Residential District
-Single Family Residential District
-Single Family Residential District
-Single Family Residential District
-Single Family Residential District
-Single and Two Family Residential District~
-Multiple Family ReSidential District
-Office and Professional District
C-2: - ' -Neighborhood Con~rcial District
C-3 -Community Commercial District
C-4
CBD
O-P
M-t
CO
-General Co~nercial District
-Central Business District
-Industrial' O~fi~e Patak District
-M-1 Industrial District
-~[ty Owned Property
Chasgas in District Boundamies
In accordance with the provisions of these Official Zoning Regulations,
applicable provisions of the Charter of the City of Boynton Beach, and
applicable provisions o~ ChaptEr-~-165 of tlomida Statutes, chan_ ges ~m,~.~.,
be made in district boundaries or other matter portrayed on the
icial Zor~ing Map by action of the City Council of Boynton Beach.
Within thirty days after passage end the receipt of a properly attes-
ted copy of a change or an amendment by ordinance, the City Plannem
or Building Official shall make the proper change on the Official
Zoning Map end shall-keep on-file the copy of the change and make
same available for reference for the general public.
Page 12
Section 3 - continued
5. ~ for Interpretation of District Boundaries
a. Extent of District Boundaries: The zoning within any district
extend throughout the entire a~ea of the district unless
wise specifically provided.
b. Boundary Locations: District boundaries follow lot lines, cen-
terlines of mights-of-ways of streets: alleys, r~roads, oanels,
lakes, the corporate limits as they exist at the time of this
document, or other geoEraphicst or topographical features.
In unsubdivided prope~, unless dimensioned, lines shall be
determined by the use of the scale on the map.
c. Boundaries following Waterway Shorelines: District boundaries will
follow changes in shorelines ~ except where such interpretation
~ would change the zoning-classification of a lot or parcel, and in~
each case, the interpretation shall avoid changing the zoning of
any lot or parcel.
Submerged lands sba]] assun~ the regulations of the district ad-
jacent as the district shall be construed to extend into the water
area in-a ~t~t projection until met centezwise by other districts.
d. Bounds~ies Concerning Abandonment: If the boundaries are not
changed, the zoning of the propei~ty abutting shall e~tend into and
· o the cente~line o~ to such c~rnership line as can be detern~ined
of the prope~y abandoned.
e. Boundaries and zoning: Boundaries and zoning of alt lands annexed
into the city shall be determined at the time of annexation.
f. Boundary Variations: Where there a~e variations or where the actual
location o~ the ground differs from the mapped location, ~he inter-
~'~=~u~p~etation shall be' to avoid ~changing the status of any lot or parcel,
oP the intergretation shall be made by the City Planne~ and/or the
Planning and Zoning Board and City Council as to the intent ar~
purpose of these official zoning regulations.
g. Division of a Lot of Record: If a division of a lot of record makes
impractical the reasonable usD Qf land, the extension of either~!x~_r-
tion may be pel~nitted as an exception beyond a district tine to a
determined extent om into the remaining portion of a lot upon approv-
al by the Planning and Zoning Board and the City Council.
8. B~plication of Dist-~ict Regulations
The regulations se.t by .th.e z~o.ning regulations.w.ith.in..' ~ each district shall
be ~ or maw3nnum ]imita%lons~ as appropriate To t~ case~ and shall
apply uniformly to each class or kind of structure~ use: or land o~ water
except as hereinafter provided:
Page 13
Section 3 - continued
a. Use: No building or structure or land shall hereafter be used or
occupied, and no b,~ding or structure or par~ thereof shall be erec-
ted, constructed, reconstructed, moved or altered except in con-
~ - fozmity with the zegulations herein specified for thc district in
which it is located.
b. HeiEht and Density: No building shall hereafter be erected, con-
strutted, reconstructed or altered to exceed the requirements
of the defined zones.
c. Yards and Other Spaces: No part of a yard or othe~ space or the
off-street parking or loading space required about any building
for the p~se ofeo~plying with the provisions of this ordin-
ance sh~]] be incllided as paint of the .y.a~_ .or off-street parking
or loading space required for another building.
d. Limitation on nt~nber of principal buildings on lots in Residential
Areas: Except as hereinafter provided~ only on? p_.rincipal resid-
ential building, and its customary accessory buildings~ except
for multi-family buildings and cluster development, may hereafter
be erected on any lot.
easement
width to
cents of
SE
A. One Principal Buil
Within single f~
---- .its accessory
or portions of lo
each district.
B. Distance Between
Accessory. b~i~tdin
twelve (12) feet
tanning side seth
rear property lin
C. Building Front~e
Every principal
accepted and m~
ted street stand~
Public Street Frontage: Each building shall be erected on a lot
which abuts or has access to a public or private street, road or
[or ingress or egress. Such access sh~] ] be of adequate
;uit the use of the proper~y and shall meet the mequire-
~qe City.
zmion 4 - General Provisions
ling Per Lot
[ly residential districts only one principal building and
[ding :shall occupy or be constr~cted upon any lot om lots
~s that may be combined to meet the size required for
~s ~n.residential districts shall be located at-.least
from the principal bu~]d{ng within the ream yard, ms~n-
~ck requirements and at least six (6) feem from the
a, except where easements dictate more setbacks.
milding shall be located on a lot or a publicly dedicated,
rained street or a private street which obnforms to accep-
rds of this City.
Page 14
Section 4- continued
D. Through Lots (Double Frontage)
On Through lots, the reqt~d frcat yard shall be provided on each
street.
E. Vision Clearance at Corners
No fence, sign, planting or other obstrnetion shall be created or m~qn~
t.'.a~, ed With a height greater Th~n Th~.~ e (3) f.eet above th? street level
xci-Eoin ~%~_nty-five (25) ~eet-of the intemsectmon of the rmght~of-way
lines of two streets, in any zone.
F. Height Limitations
1. 'No portion of .shy. s.tr?.? intende.d t? be utili.ze.d for ~.z~.$dential~,
~commerclal-o.~. inm~as~mist purposes ~i~hiu the munmcmpal limits-o~ _~the~ =~
City of Boyntca Beach, Florida, shall exceed the height of foray-five
(45) feet ~bove the final grade level of such structare.
2. Water, cooling, fire, mmdio ~nd television tower~, chimneys, chorch
~.~-~ -~ necessary meeh~ie~ sppur~em~mnces may be erected above the heig~ =:
limits herein established after reconmendation by the Planning and
Zo~ning Board and approved by the City Council.
G. Cul-De-Sac
~ stlcwed frontage of a~ot .when~shaped .by a "cu!-de-sae, om~:~-*gae~ f-r~p~t~a ~
of any other irmegulam shaped lot, shall be measured at the setback or
building line, and shall be not less than seventy-five (75) percent of
the required lot frontage in the applicable zoning district.
Temporary Buildings
Temporary buildLn~s such as models, offices and tool sheds used in conjunc-
tion with construction work only, may be permitted in auy-dlstrict after
approval of the Building Inspection Department aud the removal of which is
accomplished within thirty (~0) days after construction ceases or is completed.
I. Public Buitdinss
Ail buildings and properties city o~aaed and operated and engaged in the per-
formance of a public function may be permitted in any district as defined
herein.
j. Other Structures
To further clarify the definition of structure as applied to all districts and
boundaries, t_he following shsll apply except that corner lots shall he regu-
lated by other pa~ts of this ordinance:
The following str~ctomes shall be permitted in front: rear or
side setbacks as provided in this ordinance~ in any zone; except
where so noted; taking into consideration existing easements.
~age 15
Section 4 - continued
Fences, hedges and wallsshall not exceed six, f6),feet
in height in residential i0nes, except, that ~the
bttild~ng line to the front linethemaximumheight -'
shall be four (4) feet.
Fences, hedges and walls in other zones sh~l 1 not ex-
ceed six (6) feet in height except in O-P and M-1
zenes, chain link fences shall be allowed to e%ght (8)
feet height topped by barbed wire.
5. House eaves shall not overhang or exceed the setback
lines for more than two (2) feet.
· (18) max~u~,depth;
Fish o~=l&ly~pon~:--~ eighteer~ inch " ' '
6. Private pump housing - not to exceed three (5) feet in
height and not ins'tailed in front yards.
All other structures ~imitar to the above shall require applications
' to the Building Official. ',- ...... ~
K. Required Square Footage
Residential square footage shall be computed as fellows:
Screen rooms ...... -- 10%
Attached carports, roofed over open porches 25%
Attached garages, roofed over screened porches
and utility rooms 50%
All other area under roof 100%
........ Accessory ~ldi~gs ~sha~tt ~t~.be counted as required4iving-a~ea~ ..... '-
Page 16
Section 5 ~'Res~ntial DiStmict Regulations and Use Provisions
R-i-AAA Single Family Residential District
T~ese district megulations will create the lowest popululation density
of not more than 3.48 dwelling units pep acre.
Uses PermiT-ted:
Within any R-l-AAA Single Family Residential District: no bn~]ding:
stmucture: land or wate~ shall be used except for one of ~he fo!!-
a. Single Family dwe~ including the g~n~74~es and othem custon~mry
accessory bu/ld/ngs. Carports are not allowed. Disaster shelters
are permitted. The shelters are to be used only for the designated
purpose in times of dangem.
(humches an¢ oth~em place, s.of ~o.r~.hip ~th their attendant accessory
b. uses, providing efTr a nmnmmum site of one .(t) acre with a mininmm
150 foot ~ntage .
e. City owned and ~operated facilities.
d. Private go!,~ coups, es and.associated ctub~ho~use fa. cilities...inc.l_u~
private ba~: swim: ter~s:
owned and o~._ra, ted recreatmon clubs.and assocmatmons, spe.cl.r~mcaz±y
excluding .d~ving r~nges or tees, nnnza _t~re. es.urses and stature±ar
uses operated as separate ventures from ~ahe przmary use or uses.
2. Building end Site Regulations
The follcw~
se_wed:
Minimum lot
~ lot
Minimum fro~
Minimum rea
Minimum sld,
One side
Minimum liv
Maximum lot
Maximum str
be not less
the cor~er
the block,
Off Street P~
.g lot and building setback requirements shall~ be ob-
frontage
~t yard
yard
yards
has to be at least 20 feet
aug area
ooverage
~ct0re height
12,500 sq. ft.
100 feet
30 feet
35, feet
gO'feet
2,200 sq. ft.
35%
25 feet
)ts adjacent to the street, the side yamd setback shall
then one half the front yard requirement, except where
Lot fa6e$~:~-di.fferent street than the reread' g lots in
then the fron~ setback sh~ll be maintained on both streets.
~g
{ection ll-H hereinafter.
Page 17
Section 5 - continued
B. R-1-AAB Single Family Residential Dist.-et
These district regulations will create a maximum density of 4.84
d~e]qing units per acre.
!. Uses Permitted:
Within and R-1-AAB dingle Family Residential Dislr. lct, no building,
structure: lend or w-ater shall be used except for one of the' foll-
a. Any use permitted in the R-l-AAA district~
2. Buildiu~ and Site Regulations
observed:
Minimum lot area
Minimum lot frontage
Minimum front yard
~ rear yard
Minimmm side yards
Maximum lot coverage
Maximum structure height
9,000 sq. ft.
90 feez
25 feet
25 feet
10 feet each side.
t800 sq. ft.
35%
25 .feet
,-=~--~ ~ ;b~-:,-On ce~ne~to~m, .The sid~ ~yard setba~ ~j~t-~-~e s~et ,:
sh~l be no~ less ~ one h~f ~e f~t y~ setba~ exee~
~ the ~ lot fa~ a ~ff~t s~et ~ ~e ~-
~g lots ~ ~e bl~ ~e f~t setba~ sh~ ~ be ~-
t~ed ~ ~th s~eTs.
3. Off Street Parking
As provided in Section I!-H hereinafter.
C. R-l-AA SingIe Family Residential District
....... Thes~ ~s.tmia~-regulations ~i-L~-oreate .a maximum density of.5.-k~_dwellJng~,
units per acre.
1. Uses Permitted
Within any R-l-AA Single Family Residential District, no building,
structure, land or water.shall be used except for one of the .fott-
cwing uses:
a. Any use permitted in the R-1-A~A or R-1-AAB dist~idts.
Page 18
Section 5- continued
2. ~ Buildiu$ and Site. Regulations
a. The followiug lot and bm,~lding requirements sh~ftl be observed.
Minimum lot area -
Minimum lot frontage -
Minimum front yard -
Minimum roam yard -
Minimum side yard -
Minimum living a~ea -
Maximum lot coverage -
Maximum strnetore height -
8~000 sq. ft.
75 feet
25 feet
25 feet
t0 feet each side
1500 sq. ft.~
35%
25 feet
On corner lots, the side setback adjacent to the street sba3] be
Eot less than one h~lf the front yard setback except where the
coiner lot 'faces ~a ~Jzff%freht street than tke remaining lots in
the block, the front se~tbaek shall then be maintained on both
streets.
Off Street Pamkin,~
~ provided in Section ll-H hereinafter.
R-1-A Single Family Residential District
These district regulations will create a maximum density of 5.8 dwelling
units per acre.
1. Uses Permitted:
within any R-1-A Single F~ni!y Residential Distriet, no building~
str~eture, land or water shall be used except for one of'the foll-
owing uses:
a. Any use permitted in the R-l-AAA, R-1-AAB, R-l-AA districts.
b. Home occupations conforming to the requirements as set forth
in the "Definitions."
2. Building and Site Regulations
a. The following lot and building requirements shall be observed.
Minimum lot area - 7,500 sq. ft.
Mininum lot frontage - 60 feet
Minimum front yard -- 25 feet
Minim~n ream yard - 25 feet
Minimum side yard - 7 1/2 feet each side.
Minimum living area 1,250 sq. ft.
MaxJnnum lot coverage - 40%
Maximum structure height - 25 feet
pa~e 19
Secticn 5- continued
b~ On eor~er lots the side yard setback adjacent to the street
shall be not less than one half the f~ont yard setback except
where ~ eo~ner lot faces a different street then the rem~fuug
lots iu the blod<~-the front setback shell Then be maintained
on both streets.
Off Street Pazkin~
As provided in Section tl-H hereinafter.
R-1 Single Family Residential District
These district regulations w~] create a maximum density of 7.26
dwelling units pe~ acre.
-Uses Permitted:
Within any R-1 Single Family Residential District, no building, struc-
ture, lend or water shall be used except for one-of the roi!owing
uses:
a. Any use permitted in the R-I~AAA, R-1-AAB, R-l-AA or R-I-A district.
2. Building and. Site Regulations
a. The following lot and bu~]ding requiremanzs shall be observed.
Miu~ lot 'area -
Minimum lot frontage -
Minimum front yard
Mi~ rear y~m~d -
Minimum side yards
MinLmum living area
Mawimum l~ot coverage -
Max/mum structure height
6,000 sq. ft.
60 feet
25 feet
25 feet
7 1/2 feet each side
1,000 sq. ft.
40%
25 feet
On corner lots, the side ysrd setback adjacent to. the street
shall be not less than.cae half the front yard setback. Where
the corner lot faces, a different street than the remaining lots
in ~th~ 'b!oc~ Th~Tuh~ ~front~ setback shall be ~a~ntained On b~th
streets.
Off Street Parking
As provided in Section ll-H hereinaftem.
R-2 Single and Two F~mily Dwelling District
These district regulations will create a ma~_mum density of 9.68 dwelling
units per acre. It is the intent to aoscnmodate a compatible development
of higher density buildings with .commonly called duplexe~s .together with
single ~fani~ly~' dw~lI'ings ~bnt at no lower standards of quamlty. · .....
Page 20
Section 5 - continued
Uses Permitted:
Within any R-2.Single and Two Family Dwelling Disi-~ict~ no l~,~ld-
iug~ structures land o~ wate~ shall be used except for one - of the
follcwing uses:.
a. Any use permitted in tl{e R-1-AAA~ R-1-AAB, R-l-AA, R-!-A and
R-1 districts.
b. Two family dwellings.
c. Nursery schools and/or pre-school facilities.~ (See Section ll-C)
2._ Building and Site Regulations
The following lot and ]
Miuimum lot area
Minimum lot frontage
Mir~mum front yszd
~ rear y~rd
Minimum side yards
Minimum living area
Maxmmum lot coverage
Maximum structure hei~
,~(For single family, u
On corner lots, the si
be not less than one h
corner lot faces a dif
block, then the front
Off Street Parkin~
As provided in Section ll-]
~uilding requirements shall be observed:
4,500 sq. ft, per dwelling unit*
75 feel~%
25 feet
25 feet
10 feet each side
750 sq. ft. per unit*
40%
25 feet, not to exceed two
stories.
~e R-1 requirements)
~e yard setback adjacent to the street'shsll
~lf the front yard setback except where the
Yerent street than the rems~ning lots in the
~etback shall be maintained on both streets.
hereinafter.
Page 21
Section 5 - continued
R-3 M~ltip!e Family D~elllng District
These dlst~ict regulations will create a maximum density of 10.8 dwell-
lng units peru acre.
It is the intent of this district to provide a higher residential den-
sity which encourages vertical_structures and flexib~li.t~_ in mu_lt, ipl.e
family living and that a certain amount of multiple family dwelling ms
necessary and desirable end can complement certain areas if located
~pprop?iat~y-~nnd~pzopemqy=~esigned. ~Therefore, =factor..la.be con=
sidereal are:
- The location and nature of the area.
- An srea of substantial size.to provide a buff.ering or graduat.ion
.~ . .................. ~f.uses to. be -considerate .om~ to COmplement adjacent uses orr dis-
trictso
- The proximity to lamge ccaeen%-rations of activities such as
business, employment, an~ othem facilities and services.
-~uffieient~and.definitivs ~tmaffic s~teries to adequately service
the ~meao
- Designs that provide light, sir passage, water drainage, ingress
and egress, parking and tmaffic circulation, open space and on-
site recreation, ma~ntensnce areas end convnunity meeting provisions
fern the inhabitants
t. Uses Permitted:
Within eny R-3 ~]~tpte Family Dwelling District, no building, smruc-
ture, land or water shall be used except for one of the follc~ing
uses:
Any use permitted in the R-l-AAA, R-1-A~J~, R-l-AA, R-1-A, R-l,
or R-2 districts.
~Muttiple family resi.de~.tisl struetmu~es, including apartments,
.~aoperatives,-condominiums, ~town~houses, and their_attendant
recreational fmcilities and having no c~ial busJ_ness con-
nected therewith but can be equipped to serve meals to their
oecupents.
Hotels, motels, hotel apartments: motel .ap~artments and accessory
uses such as restaura~ts,'~ tonnges, and gift shops, when located on
the following d?si~gnated thoroughfares; U.S. ~,l, Con~/ess Avenue
S.E.~ g S. W. 15th Avenue, N.E. g N.W. 2nd Avenue.
Private clubs, lodges land fraternal organization.s when referred
to the Pl. anning and Zoning Board for recommendatmon and approved
by the Cmty Council.
Page 22
Section 5 - continued
e. Golf courses, swimming and tennis clubs, and simila~ recreational
facilities.
f. Rooming and boarding houses.
g. Nursing homes or convalescent facilities.
2. Building and Site Mediations
a. For Multipte-Pamil~'-Bwmtlings, Rooming and." Boarding Houses:
Minimum lot area for Multiple
family dwellings -
Mininmm lot s~ea for Roo~
and Boarding Houses -
~ lot frontage -
Minimum front
Minimum rear yard -
Minimum side yard
Mir33m~ living area
Maximum lot coverage
-Maximum s~'~u~ height
4,000 sq. ft.
4,000 sq. ft.
100 feet :~
40 feet
40 feet
20 feet each side
750 sq. ft. pem unit
40%
45. feet not to exceed .......
4 stories.
b. Single Fami%y dwellings shall conform with R-! requirements
(See Section 5, paragraph E-2)
c. 'Ail other Permi~r~ed Uses
~ lot area
Minimum lot frontage
Minimum front yard
Minimum rear yard
Min'mmun~ side yar~s
Minimum living area
Maximum lot coverage
Maximum structure height
20:000 sq. ft.
100 feet
40 feet
40 feet
20 feet e~ch side
As governed by applicable
regulatory agency
4 stories not to exceed
~S feet in height
Off Street Parking
. As provided in Section ll-H hereinafter.
P~ge 23
Sectica 6 - Cc~mercial District RegOlations and Use Provisions
C-10ffiee ~and Professional Ccnmercial District
and professional uses, located to provide ready a~cess ucn services
for ail.
1. Uses Permitted
Within any Office and Profession~ Conmercial _District, no
stru~, land O= water'sh~._l De used excep~ fo.= o. ne or ~or~. of the
following uses: (Singl. e-Fam~.~y occupancy when ~ncident~cl end
a. Churches and other places Or worship and attendant accessory uses.
b. Financial institutions
c. Funeral Homes (excluding crematorium)
d. ~overnment owned or operated buildings and uses
e. Hospitals
f. Medical and dental offices and clinics
g. Nursing and convalescent homes
~ hl Pharmacies and surgical suppliers
i. Professional end business offices
j. Veterinary (No exterior kennel use)
2. Uses Prohibited
Any outdoor display of merchandise.
3- Building and Site Regulations
~0 l~ui~dir~ or p~rrJ~on ~d~eo ,shall be erec , acted, ~.c~n ~e~rte ,
established, altered, enlarged or.used unless, the. premises ena
ings shall ccmpty with the following regulations.
page 24
Section 6 - con--hued
~ lot frontage
~ lot depth
Minimum lot s~ea
Minimum lot coverage (bldg.)
Miuimum front yard
Minimum side yards
Msxim~n structure height
75 feet
120 feet
g,ooo sq. ft.
40%
30 feet
20 feet
10 feet~
25 feet, not to exceed 2
stories**
*When abuLLlng residential .district, side endfor ream yards shall
be :30 feet.
**Exceptions:
1. Maximum height fora hospitals sbs]] be forTy-five (45) feet
not to exceed four (4) stories.
2. Building designed for underbuilding parking shatl~be thlz~y
(30) feet max/mum.
4. Off Street Parking
As set .foz~nh in Section ll-H herelnsfter.
5. Protective Buffer
At least a five-foot high solid vegetative buffer om a decorative
masonry wall sh~] ] be provided across the ream and along both sides.
On eornam lots, buffering is required only ca interior lot lines.
B. C-2 Neighborhood Conmercial District
These district regulations will provide La limited number of small eom-
mere/al facilities of a retsil convenience nature, intended to service
individual residential neighborhoods. Generally, the desired locations
for these facilities are near and about the geo-eenter om other planned
neeleus of the neighborhood, conforming to the General Development Plan.
1. Uses Permitted:
Within any Neighborhood Oomemi~! District, no building, structure,
land or water shall be used with_in one om more mo!ti-pUrPQse boildings
not to exceed ten (10) units in a prineipa! building except for one or
more of the following or similar uses:
Page 25
Section 6 - continued
a. Any use permitted in C-1 District
b. Bakery shops
c. Bee~ and wine setes for off-prem/se .consumption
d. -Camema .sales 'and ser~ide
e. Catering Service
f. Confectionery shop .(including fountairD
g. Dress Shop
h. Drug store
i. Garden supply store
Hardware store
k. Laudromat and/om dry cleaning pick-up
!. Meat and grocery store (neighborhood only)
m. Notions
n. Pei-sonat service establishments
o. Pet-Shops (No outside kennel use)
p. Restaurants ~excluding drive-ins)
Tobacco and news
9. Uses Prohibited ....
a. Any business of a wholesale nature
b. Any outdooP-display of merchandise
Secticn 6 - continued
Page 26
.Building and Site Regulations
No b~]~lding om portion thereof shall be erected, constructed, con-
vetted, established, altered, enlsmged ar USed unless the.premises
and buildings ~shalt~ eOn~ly with the~folio~ing-regulations.
Minimum lot frontage - 50 feet
Minimum lot depfn - 1U0 feet
Minirman lot area - 5,000 sq. ft.
Maximum lot coverage ~0%
Minimum front yard - 30 feet
Minin~am side yerd (interior lots) 15 feete
Minimum side yard (corner lots) 20-feet-on street side
Mininmm rear yard 20 feet*
Maw/mum stmueture height 25 feet, not to exceed
2 stories
*When abutting residential districts, side end/or rear ysrds
shall be thir~ (30) feet.
4. Off Street Parking
As set forth in Section ll-H hereinafter.
5. Protective Buffer
At least a five-foot high solid vegetative buffer or a decorative
masonite, w~]] shall be provide~.a.c[oss th? reerandalgngbgth
sides. 0n corner lots, buffermng ms requmred only on zntermor
lot lines.
C-3 Community ComTercial District
These district regulations are to encourage the development of appro-
prlate intensive retail eommarcial facilities providing a wide range
of goods and services, located eantrally and accommodating three or
four neighborhoods end located adjacent to at least one major thoro-
fare.
1. Uses Permitted:
Within any C-3 Community Conm~mcial District, no building, structume,
land or water shall be used except for one or more of the follcarlng
a. Any use permitted in C-1 or C-2 districts.
b. Antique and ceramic stores
c. Appliance stores (sales and service)
d. Ar~ and nmsic stores
Section ,}~ ~
eo
f.
g.
h.
5..
5.
k.
Page 27
oontiuued
Bars, cocktail lounges and package stores
Delicatessen
Department stores
Florists, greenhouses, nurseries and other ho~tieslt~ral uses
Hotels, motels, apartment, hotels, mhd aps~h~nt motels
Laundromat aud dry-clesniug (on premise)
Molti-family. residentlel (upon recomnandation of Plauning and
Zoning Board aud approval of City Council)
1. Private clubs, lodges and fraternal organizations
m. Public utilities if adequately screened to exterior view
n. Reereationel facilities, include-rig bowline lanes, Eyrmmslums
and. health centers
o. Restaurants, including drive-ins
p. SerVice stations without major repairs, but including car
wash (See Definitions - Major Repairs) erected in accordance
wi~ S~pplamental Regulations, Section ll-L
q. Shopping canters
r. Sundries and variety stores
s. Theatres, excluding drive-ins
Uses Prohibited
Any residentiel use except ss provided above.
Building and Site Regulations
No 'boildiug or ~po~tion hereof shall be erected, constructed, eon--
vetted, established, altered, enlarged or used unless the premises
and buildings sh~]l comply with the following regulations:
Minimum lot frontage
Minimom lot area
Maximin lot coverage (boil~ing)
Minimum front ysrd
Minimum side yard (interior lots)
Minim~n side yard (corner lots)
Minimum rear ysrd
Maximum st-~ucture height
75 feet
15:000 feet
40%
20 feet
None-($ee-No~es "A" g "B")
20 feet street side
(See Note "B")
20 feet (See Note "C")
45 feet, not To exceed
4 stories
Page 28
Section 6 - continued
NoTE "A":
Where ream access is not available from a public street
or alley, a side yard of not less than fifteen (15) feet
shall be provided on one side.
NOTE "B": ~l~en abuttiug a residential zone,zside aud/or_meam~ye~ds
sh~] be thirty (30) feet mininmm.
NOTE "C":
Where rear yard access is available from a public street
or alley, rea~_,yard may be decreased by one-half (lt'2) the
width of such street or a]qey, but in no ~e shall a ream
yard be less than ten (10) feet.
4. Off Street Pazkin~
As set forth in Section ll-H herelnsfter.
5. Protective Boffem
At least a five foot high solid vegetative buffer or a decorative mas-
onry wa]] shall be provided across the rear and both sides. On cor-
ner lots, buffering shall 'be required only on interier lot lines.
Outdoor displays of merchandise will be aq]cwed only if completely
contained within propert-y lines and in no case shall watkmras~s or
parking areas be used for display.
Sidewalk sales of special nature require reconmendation of Planning
and Zoning Board and approval by City Council. .-
D. C-~ General Corrmercial District
These district regulations will'be effective in projecting desirable uses
and patterns along the development corridors that will be located at points
along major-traffic ways. The ultimate desired results s/re to group high-
way uses, keep accesses to a ~, and combine accesses, so as to limit
the "drive out" interruptions.
In addition, these regulations can help expedite, facilitate and ease traffic
on and off the major %=mafficways and a]]ow sufficient frontage for safe in-
gress and egress and yet again, not erode the design ~apaeities for our
highways.
t. Uses Permitted:
within any C-~ General CommerCial District, no building, structure, lend
or water, shall be used, except for one or more of the following uses.
a. Ail those permitted in C-l, C-2 and C-3 districts.
b. Automobile and truck sales and rental agencies*
c. Automobile wash establishments.
d. Automotive par~s~ and/or repairs, including major repairs
(See definitions - Major Repairs)
e. Battery and tire sales end service within an enclosed buildJmg.
Page 29
't
Section 6 - continued
f. Beverage distribution.
g. Bicycle sales and repairs
h. -Boat sales agencies*
i.
j.
Bus terminals and ~axi offices
Electrical, plumbing, heating, psiuting,-upholstery and
~fiug supplies
k~ Purnit~ sto~s and h~ furnishings
1. Gov~tal faciliti~
m.
n. Office s lies and fur~itn/re stores
o. Paint and.~epair shops, including auton~bile body and fender
work, entirely within- an"ene!6sed b~i!~dlng
p. Printing and sign shops
q. Recreation vehicle sales (new and used)*
r. Service stDtions (when including .major repairs shs3_l be erected
according %o Supplemental Regulatzons Section Ii-M)
s. Small equJ merit and tool rentals (home-owners use)
t. Trade and ~usiness schools
u. Wholesale establishments including warehouses
v. Yaehtels ~d bOate%s
*R_.efer to P.lanning and Zoning Board for reoonm~ndations and to
City Council for approval.
Uses Prohibited
a. Any residehtial use
b. Extemior storage unless adequately screened
Building and S~te Regulations
No building or portions hereof shall be erected~ constructed, con-
vetted, estab!ished~ altered, enlarged or used unless the premises
and buildings shall comply with the following regulations:
Page ~0
Section 6 - continued
~ lot frontage
Minim~ lot depth
Minimum lot area
Maximum lot doverage
Miuimnm front yard
Minimum side yard (interior lots)
MJauf3mmn side yard (corner lots)
~ rear ysrd
Maximum structure height
50 feet
t00 feet-
5,000 sq. ft.
25 feet
15 feetone side*
15 f~et onstreet side
20 feet*
~$ feet not to exceed
~ stories
~%~nen abutting residential districts, side andfor rear ys~ds .
shall be ~ (30) feet.
NOTE: Where resin property line abuts a public street om al]ey, rear
yard setback may be reduced-to ten C!0) feet and no side yard
sh~ll be required except on corner lots.
4. Off Street Parking
As provided in Section !l-H hereinafter.
5. Protective Buffer
Where side end rear yard setbacks are required, a five-foot high solid
vegetative buffer or a decorative masonry wall shall be required, ex-
cept that where an alley abuts the buffer may be omitted.
E. CBD - Central Business Distmict
These district regulations will provide one highly desirable end exclusive
limited locaticn for ccmplementing comaercial, reere~tiona! end amusement
activities of kigh quality, servicing exclusive needs. This area is u~ique
in its requirem~ts and shall oontainnot less than five (5) acres.
No portion of any district may be converted to a CBD Distmict until a ccm-
pletety detailed development propossl has been submitted to Planning and
Zoning Board end approved by City Council. Said proposal shall include:
location end basic design of all structures and proposed uses, complete
with-water, s~er, store drainage, traffic flow, landseaping~ lighting
and any other supporting data as may be required.
Specifically, it is the intent of this regulation that a CBD be submitted
as a planned development.
The maximum structure height shall be forty-five (45) feet, not to exceed
four (4) stories.
Page
Section 7 - Industrial Office Park District Regulations and Use Provisions
A. 0-P Industrial Office Park
These d~strict regulations w~]] provide areas for mutually b~zmonious
type activities located in an attractive !cw density~ widely spaced,
well proportioned: park-like 'development.
Within any 0-P Industrial Office Park District, no bu~]ding~ si-~ucture,
land or water or part thereof shall be erected, altered, or used, in
whole or in par~, fora othem than one or more of the followin~ specified
uses:
a. Clean assembly operations usir~ small parts such as electronics,
optical, dental and precision instruments.
b. Educational institutions including dormit~Jries.
c. Government owned Or operated ~]dings and Uses.
d. 0ffiee buildings.
e. Research and~or experdmantal testing laboratories.
Accessory uses associated with the above uses such as[limited mecre-
ationat activities and dining facilities for %he employees, stu-
dents, faculty or administrative pemsonne!.
2. Uses Prohibited
a. Any residential use except as provided above.
b. Outside activities except recreational
o. Outside stqrage unless adequately screened from view.
Building and Site Regulations
Minimum lot area
Minimum lot frontage
Minimum front yard
~inimum side Yard (ir~emior lots)
Minimum side yard (eornem lots)
Max33num lot eovemage
Maxmmum Building Height
One half (lf2) acre
None
80 feet
90 feet
40 feet
90 feet
45%
45 feet not to exceed
~ stories
4; Off Street Parkin~
As provided in Section ll-H hereinafter.
Page 32
Sectic~ 8 - M-1 Industrial District Regulations and Use Provisions
A.
M-1 Industrial District . . ~-
1. Uses Permitted:
Wi~ any M-1 Industrial 'District, no building, structure: land or
water, o~ part thereof sba]] be e/ected~ alte~ed~ or nsed~ in whole
~3~ in par~, for other than one or more .of the following specified
uses:
a. Manufa~: processing and distribution and other uses as
follows:
1) Appliances (small)
2) Bakery ~
~) Beverages
4) Boarding Kennels
$) Boats
S) Confections
7) Cosmetics
8) i~ry products
9) l~y ice
t0) EleetTonie equipment
11) Feed and grain
12) Fertilizer (excluding manufacture and processing)
13) Food products
14) Furniture
15) Glass products
lS) ~asoline and oil products (distribution orAy)
17) ~ov~t c~ned or operated buildings and uses
18) Leather goods (excluding tanning end processing)
19) Metal products (light)
Sectic~ 8 -
20) Millwork and lumber ysrds
21) Precision instruments
22) ~exti]es (wea~.and-clothir~
23) Tires (e~eludin~ manufactumi~ but includir~ mecappir~)
2g) : Tobacco products (distribution only)
b, C~ othe~ industrial uses:
1) Cc~aer~ial Dadlo: televisic~ and microwave t~ansmission
stations.
2) -Contractors storege yards (open)
S) ]])~¢ cleaning and laundry,plants
~) Engraving, pminting shops and publishing
5) Garages (parking, storage ~d repairs)
6) Investment type eestings
7) Machine shops
8) Moving and storage operations
9) Open storage yards (adequately screened from view)
10) Tmuek terminals and ~ransfer stations
~11) Public utilities operations
12) Warehouses
1S). Welding shops
2. Uses Proh~ited
a. Asphalt and tar plants
b. Brick, concrete and cement product manufactnmre
e. Chemical plants
d. Concrete ready ~x plants
Pa~e ~
Section 8 - continued
f. Dyeing plants
g. Fer~ilizem p!auts
h. Junk and selvage yards
Oil refineries
Residences and treiler parks
k. Sanitary land fill
1. Smelting and casting operations (except investment type
casting)
4. Bu~]ding and Site Regulations
~ lot area
Mini~mm lot frontage
Minimum front yamd
Minimum side yard (interior)
Ninimum side yard (corner)
Minimum rear yard
Maximum lot coverage
Maximum height
10,0g0 sq, ft.
None
15 feet*
15 feet one side
!5 feet street side
20 feet**
60%
45 feet not to exceed
4 stories
*Except where resin of the lot abuts a paved alley or street, then
no side setback shall be required.
*~fnere rear ye_rd abuts a railroad right-of-way or any paved alley,
then ream yard may be reduced to ten (10) feet.
Where lots abut a residential area, the corresponding side
and/or ream setback shall be a minimum of thirty (30) feet;
and planting-fora en evergreen hedge ora uniformly colored
masonry wall six (6) feet minimum height shell be provided.
(Ail necessary roof-mounted mechanical equipment shall be sound baffled. )
5. Off Street Parking
As provided in Section ll-H hereinafter.
Page ~5
Section 9 - Administration and Enforcement :
Building Permits Re~ired - '
~a~I .~re?~ .u~.!m± a DU~Z.0ang permz~nas.Deen-mssued By-the ~ding Official.
~ oul~ngs, structures, and uses of land shall comply with'the regula-
tions of this ordinance and with all applicable building and health la~s
and ordinances. _ ~
.Each application fora a building~ ~pDrmiT shall be aoeompanied by a survey
an duplleate, dr~wn to scale: sh~ing the actual dimensions of ~het lot
or lots to be built ~n, the 'siz.e of the b~qdin~_., or stru~o be
erected or stru~!z altered: its location 0~ the lot .om lots~ land
such other information as. may ~e mequ~red as to provide for the em_force-
ment of these regulations;
B. Certificate of Occupancy
No building or structure hereafter .erected om st~uetu~a] ly altered shall
be _issued a Certificate of Oceup~ancy-un~il the Building Official makes
a finding that the building '6r struetture has been erected or s~ructtur~]qy
altered in conformance with the provisions of this Ordinance, and of all
other applicable ordinaneeSo
Disl-~ict Boundary Changes-(Rezoning)
Every application for rezor~ng involving changes in district boundaries
s.h~_l be accompanied by a fee of One Hundred Dollars ($100.00)~ and shall
include the following:
1. A statement of the applicant's interest in the property to be
rezoned, including a ~opy of.the last recorded Warranty Deed, and;
a, If joint and several ownership: a written consent to the
rezoning petition, by all OWners of record, or
b. If a contract: purchase contract and w~itten consent of the
seller/ogner, or
e.. If an authorized agent: a copy of the agency agreement, or
written consent of the principal/owner, or
d. If a lessee: a copy of the lease agreement and written consent
of the owiler~ or
Page 36
Section 9 - conlinued
If a eoz/~or=hlon om o~hem bushiness e~tity: -the name of
the officer or person responsible for the application
end wmitten proof that said representative has the del-
egated authority to .represent the corporation or othem
business earci~y, o~in lieu,thereof, w~i~en proof ~hat
he is in fa~t en offiee~ of the corpomalion.
2~
A certified boundary sketck by a surveyor re~stered in the
S~te of Florida-at a scale prescribed by ~he Building Official
containing ~he fotlcarlng:
a. An .acCUrate legal desc~ipl-ion of the propert~ to be rezoned.
b. A computation of the totel acreage of the~ tract To the near-
est tenth of en acre.
A complete cer!-ified !isl of all property cwner~, mailing addresses,
end legsl descriptions for ~]]. properties. '~rit~J-n ~-~ legst~ur~ b '
hundred (400) feet lof the subject parcel as recorded in the latest
official tax rolls in theCounty Cou~t House shall be furnished
;.by the applicant. Such list .shall be accompanied ~by an affidavit
stating that to the best of the apptio~rL's knowledge said list
is complete end accurate. Notification sba]] be given to a]q per-
sons concerned as defined in Chapter 169-of the Florida Statutes.
The applicant's location map snowing the locations of all proper-
ties referred to in p.~.~.aph three (8) above, end their relation
to the applicant's sub]eot parcel.
5. A statement by the ~applieant of th~ major planning assumptions and
objectives of the development project including but not limited lo:
a. ~v~o~t
b. Projected population
e. Proposed timing end stages of development
d. Proposed owners~hip end form of organizatiOn to
m~ntain conmon end open space facilities
Proposed density of lend use for each development
parcel as well as the gross and net densities of
the total project.
Official Soil COnservation Service soll ~class-
ification by soil associations end areas subject
to inundation and high ground water levels.
Any other reasonable information which may be
required f~om time to time by the Ptanni~. end
Zor~ng Board end the City Council which ms eom-
mensurate with the intent and purpose of this
ordinance.
Page ~7
Section 9 - continued
6. -~y of the fotlowiv~ as ._~=q~.~. d by ~he Ptannir~ ~d
~ ~or ~e ~ ~ ] ·
a. A ~i~. ~k~ ~ ~e p~io~ of aq3 ne~s~ faa-
i~es ~d sysT~ for sto~ ~e~ wa~ supply :' s~e
~d ~k ~ s~t si~ ~d o~ p~c ~v~ts
b. A ~c ~pa~ ~is of p~j~ed ~ip g~on
~ve~Z ·
e. A ~ of p~ed f~: s~ ~d l~p~.
d. ~d t~a~ion~ d~ion ~d ~e of o~r ~i~.
e. E~s~ ~d p~sed ~ade elevations.
f. ~i~ of w~ded ~ ~d e~s~ or poised ~ b~es.
~ ~e-~pli~t ~sh~ ~o dev~op ~e p~e~
~t~ st~, a site pl~ ~t~g p~ed ~te
~v~opm~t shsl] be p~ted for app~ of the ~ti~
p~el. P~ed develo~t ph~es sh~l
s~e ·
7. ~e ~dation of ~e PI~ ~d Zo~ ~ ~d ~e app~v~
by ~ ~e~] sh~l ~ n~! ~d void ~
his hei~ or ~si~, ~ or debates ~m ~e p~sio~ or ~n-
~tio~ ~ app~ved, or f~s to file ~e fi~t'plat, ~ ~etve
(12) monks om wi~ ~ e~ion authorized.
8. ~n ~ of ~ appli~tion ~om ~z~, in whole or ~ ~, a
period of ~elve (12)- ~s 'm~t elapse befo~
be ~filed.
Civil Remedies for Enforcement
In case any building or structure is ereeted~ constructed, reconstructed,
altered, repaired, or . .mm_intained., or. any building, s~.t~ucture, !a~..d, or
water is used in violation of this chapter or any or03mance or o~ner .
regulation made under authoritY conferred hereby, the proper local auth-
orities, in addition to other remedies, may institute any~ appropriate, action
or proceedings in a civil .action in the~ n~ .rcuit court ~o preven.t Such un-
lawful erectmon~ constructmon, reesnstrklctmon~ alteration~ repamr, conver-
sion, maintenance, or use, and to restmsin, correct, or abate such violation:
to prevent the occupancy of said building, structure, lend or water: and
· o prevent any illegal act, conduct of business, or use in om about such
premises.
Page ~8
Section 10-- Board of Ad~nstment
A. .Co .~osi~ion ~m~ Procedure
t- The Boar~l of Ad~u~b~nt sha~] eoD3ist of seven (7) regula~
and not ~ore Than ~wo (2) alternate members. Each regular ~
ternate m~5~ s~ag] s~ a T_h_v~e (3) ye~ te-~m provided~ however~
~ pr~ar~t ~egula~ members and Two of The o?es~nt alterr~-te
shall o~ae to se~;e until their successors are appointed by the
City Oo~il at the organizational meeting of The Cil~' Coumci! in
Ja~usmsg~ ~975: or as soon thereafter 'as sudn ~pointm~nts ~h-~=/i have
~ ms~l~ ~nd fnzWduer provided that in order ~o establish ~s+~=ggered
ee~ms~ ~ .(3) ~egular n~mbers and one (i) alternate m~ shall be
~ppointed for a terra of three (~) year~ eadu; three (3) r~ mem-
't~s ~ one (~) alternate n~mb~r shall be appointed for te_~ns of
t~o (2) ]~ears each½ and one (1) regular n~ shall be appo~_-~ted
fo~ a ~ of one (1)
_~ne Cb~q~m~n of the Board of Adjustment or ~ represented_ye shall
f~i~ the '~ and place of meeting, and the Building Official
or L~ ~epresentative may ~nswe~ questions ~d give evidence.
The or~z~clon and procedure under which the Board of A~jus
I~e-~n conformity with provolsmon$ of Cn~ter 11%, Pa_~t g, Flo~~-
ida St~L~tes. ~ ~9
l~inutes ~rill be kept.of ~q~ public meetings and proceedir~s and shall
include nd state the vote of each member ~n each questicm~, ~--nd the
motion ~ state the reason _upon which it is made; such reasons
shall !~ iu confonmit~y with the provisions he?einafter provided.
tn exer~isir~ the above mmntioned powers, %ne Bo~z~d by the c~ncurring
~ote of ~5oum members may reverse or affirm~ ~uolly, or~ p~tly, or may
and may ~make such order~ requir~ment~ decision or Ge~erm~nav_~on as
-ought ~ be ~de~ and to that ~nd shall have all the powers of the of-
ficial from whom *due appesl is taken. The' ec~.~cu~ vote of four mem-
bers of ~T/ae Board shall also be necessary to effect any vari~ion of
ibis or~tinance. No action shall be taken ~less five ($) ~nerS are
present ~nd ~otiug.
B. P~,~s mhd tk.d:ie$
The 5mtrd of Ad~3stment shsll have Erie foll~i?~ p~ers and du~es:
~o hea~ and decide appeal? when it is a$.!egsd that there ~ .eu~z?r in .any
order~ ~equimament, deams~on, or determmna-~cn made by an ~nmstratmve
official ~n the enforcement of any zcaing o_~L~.~.~nce or re~iation adopted
pursu~ to th~s ~hapter.
Page 3~ ·
Section 10 - continued
To hear and decide such sPecial exceptions as ~he Board- of ~Adjust-
ment is sPeeifioally atrthorized To pass on under the Te/m~ of e_his
chapter; ~o decide stlch.quesTions.as ~ i~ ,vo~tved i~?~.e, de~ ~_e~-
at/on of when such speezal exceptzons
grant sPecial except-ions with appropriate conditions and safeguards
or- To deny such special exceptions when not in harmony with the pur-
pose and intent of this chapter. The fol!o~lng apply as To such
special exceptions.
a. In ,granting any special exception, ~he Board shall find That
such grant will not adversely affect ~he public interest.
b. In gr~nting eny special exception, the Board of Adjustment
may pres~' e appropriate eonditicas and safeguards Jan eon-
fortuity with .this chapter. Violation of such conditions and
safeguards, when made a part of the ternm under which The
sPecial exception is granted, shall be deemed a violation of
the ordiuance.
c. The Board of Adjustment may p??cribe a re.asonable ~Tme .limit
within-which .the action_for~hich_the special exception ms
requested shallbe begun or completed or both.
To aul~aorize u~On appeal such variance from the terms of the ordJ_n-
ante as will not be contrary to the public interest when~ ~ing to
sPecial conditions~ a literal enforcement of the provisions of-this
chapte~ would result in unnecessary and undue hardship. In order
to authorize any variance from the ternm of this chapter, the Board
of Adjustment must find:
a. That special conditions end circumstances exist which are pecu--
liar to the land, structure, or building involved and which are
not applicable to other lands, structures, om buildings in the
same zoning district
b. That the special conditions end circumstances do not result from
the actions of the applicant;
That granting the variance requested will not confer on the appli'
cant any speciel privilege that is denied by this Ordinance to
other lands, buildings., or structures in the same zoning district;
That literal interpretation of the provisions of this chapter
would deprive the applicant of ~ights eonmonly enjoyed by other
properties in the s~ne Zoning district under the terms of the
ordinance and wo~ld work unnecessary and undue hardship on the
applicant;
Page
Section 10 - continued
e. ~hat the y_ _aFia~..? granted is the ~ variance that will
mm~e possible the reasonable use of the land, build~,-or
structure;
That the gr~nt of The vsriance will be iu harmony with the
· general'intent, and purpose of this chapte~ and that such
variance w~]] not be injurious to the area involved or other-
wise detrimental to the public welfare.
g. ~grentingany v~ian~:
The Board of AdSustment may pr~..crib.e appropriate ?_nd~.'t. ions
and safe~_ards ~n conformity with this chapter. Violation
of such. conditions and safeguards, when made a ps~t of the
terms unde~ which the va~iande is g~anted, shall be deemed
a violation of this chapter.
The Board of Adjustment may prescribe a r~sonable time limit
within which the action for which the variance is required shall
~e begun or completed or both.
Undem no circunmtances except as-permitted above shall the
Board of Adjustment gr~nt a variance to permit a use not gener-
ally or by special exception permi~tted in lhe zoning district
involved or any.use expressly or by ~plication prohibited by
the terms of This chapter in the zord_ng district.. Mo noncon-
forming use of neighboring lands, structures, or buildings in
the same zoning district and no permitted use of lands: st-~uc-
ln~res~ or buildings in othe~ zoning districts shall be consid-
ered grounds for the authorization of a variance.
Co Review of Administrative Orders
In exercising its powers, the Board of Adjustment may, upon appeal and ih
conformity with provision of this section, reverse or affinn, wholly or
pa~tly~ or may modify the order, requirement, decision, or determination
made by an administrative official in the enforcement of any zoning ordin-
ance or regulation adopted pursuant to this chapter, and may make any neces-
sary order, requirement, decision, or determination, and to that end
shall have all the powers of the office~ from whom the appeal is taken.
The coning vote of four (g) of the nmmbers of the Board shall be
necessary to reverse any ordem, requirement, decision, or determination of
any such administrative official or to decide in favor of the applicant
on any matter upon which the Board is required to pass under t_his section.
Page
Section 10 - o0ntinued
~pesls from Decision of Administrative Official
APpe~l.~ to the Board of Adjustment may be taken by any person.aggrieved
or by any officer, board: cm bureau of the governing body affected l~y'
any decision of an administrative official t~udem any zonir~ ordinance
.enacted pursuant-tO-This~chaptem. Such appea/ shall be taken withiu
'thirty days aftem rendition of The ordem, mequimement, de~sion: om
determination appealed from by filiug with the officer from Whom_~he
appe.s~_ ~ taken and with the.Bomrd of Adjustment a notice of appeal
specifyiug the grounds thereof.-~The appeal shall ~ in ~.e~form pre,
scmibed by the.~ules of the Board. The a~mir~istrative official from
~5~om the appeal.is taken shall, upon notification of the filing of the..
plans, papems: om othe~ materials constituting the record upon which
the action appealed from was taken.
· -Due publle notice shall he.,g~ven~,i~ accordance with Chapter 162, ~or~
ida Statutes.
E. Stay of Work and Proceedin~ on Appes]s
An appeal to the Board of Adjustment stays sll work on the premises
........... and all proceedlng, s~_in fu~t~ eranae of the action appealed from,
unless the official from whom the appeal was taken shm~t cer~fy to
the Board of Adjustment that by reason of facts stated in the cer-
tificate: a stay would cause inm~inent peril of life om proper~y.
In su~. case, proceedings or work shall not be stayed except by a
restraining order which may be granted by the Board of Adjustment
or by a eour~ of,record on application, on notice to the officer from
whom the appeal is taken and on due cause shown.
F. Hearing of ~peals
The Board of Adjusin~nt shall fix a reasonable time for the heaping
o ~I 1~ appeal, szve public notzce thereof, as well as due notzee
the. par~ies in interest: and decide the same within a reasonable
~irre. Upon the hearing, any party may appear in person, by agent,
or by attorney. Applicants shall be required to file a proper form
(suppLied by the City_Clerk), and a curm~t eemtf-fied survey accompan-
ied by a fee of Fifty Dollars ($50.00). For procedureg purposes, an
application for a, speeial exception shall be handled by the. Bos/~ of
Adjustment as for appeals.
G. Judicial Review of Decisions of Bosrd of Adjustment
Any person or persons: jointly or severally, aggrieved by any dec-
ision of the Bolmrd of Adjustment, or any. officer, department, board,
commission, or bureau of the goverm/ng body, may apply to .the circuit
cour~ in the judicial eJ_rcuit where the Board of Adjustment is located
fop judicial relief within thirty days after rendition of the decision
by- the Board of Adjustment. Review in the circuit court shall be
either by trial de novo, which shall be governed bY the Florida Rules
of-Civil PYocedure, or ~y petition for w~it of certiorari, which Shall
be governed by the Florida Appellate Rules. The election of remed-
ies shall lie With the appelant.
Page q2
Section 11 - Supplemmtal Regulations
Site Plan R~q~irements '
The site pIan shalI be ~rawn to a scale of not Iess than two hnn~tr~
feet to the inch. Three .($) copies of the site plan shall be submitted by
~nee applicant for the. ~se. of the appropriate City departments ~an~t boards.
plan,, for the purpose of this sec~i ,o~.; shall include, but not necess-
arily be limited to, the £011owing plans~ des.iEns, specifications and infor-
mation:
1. The exact property lines o£.the property for which site plan approval
is-requested, including existing street and right-of-way lines and
survey and lpgal description df site prepared by a r~gistered land
surveyor.
2. Adjacent properties on the same frontage, indicating the locations
of buildings and structures on such adjacent prope~rties; means of
ingress and egress to such properties, off street parking, loading,
and service areas, if any, for or on such properties, and any
screening or buffers on such properties .and the nature and type
thereof. Location of present and proposed structures on the site.
$. Location and dimensions of all required yards.
4~ Location 'and facilities for ingress and egress to the site including
existing and proposed curb cuts, if any, and'proposed directions of
traffic fl°w on the site and into and ~m public rig,s.ts-of-way'.
S. Location'and dimensions, of off street parking, loading and service
6. A drainage plan ~for the' entire site.
7. Location and dimensions of areas for service to 'the property and for
refuse disposal and collection.
8. Location of all utilities and easements.
9. Landscape plans. See Community Appearance Board application.
10. Location and dimensions of all signs and exterior lighting facilities
to be placed on the site.
Cluster Developments
A cluster development of groups of t~.o. (2) or more single family structures
may be permitted in all Tesidential districts With the following require-
ments:
Page '43
Section 11 - continued
All clustem housing development plans sba] l be submitted to ~he
Planhing and Zoning Board as a Planned Unit Development.
C. Nursery and/om 0thar'Preschool Facilities
Day Care and othe~ preschool facilities shall eo~ly with the State
Health Department and eel other regulatory agency requirements.
The building height, setbacks, perking and total floor a~ea sheel
be governed by the applicable zoning district.
Dt
Home 0ccupatiorm
Permitted home occupations operated in any dweJl~ng unit may be operated
only if they comply with all the following conditions.
1. That there are no eeterations in ~the residential character of
the premises in connection therewith.
That the hc~e occupation sheel be carried on within the d~elling,
and sheel be o0nfined to not ~nore than twenty2five (2S) per~ent
of the ground floor of the d~elling so occupied.
That no merchandise or articles sha]I be displa_ved for advertis-
ing purposes.
That no home occupation be allowed that required a professional
license and "professional" equipment, other than usuee residential
aellitles.
5. That no articles or materials pertaining to such home occupation
shall be sto~ed other than in the' dwelling used.
That no assistants be employed in connection therewith.
7. That no sign or advertising device relative thereto shat l be
displayed on the premises.
E. Swimming Pools
Swin~ Pools shall be located, designed, operated and ~inTained in
accordance with the City swimming pool ordlnanee and shal] be subject
to the approval of the Building Department. No swimming pool shall be
eons~r~cted closer than eight (8) feet from any property line and no
swLmming pool shall be built in front of the building line. On corner
lots, proper~y bordering both streets shall be considered as front yards.
Location of above ground pools sheel comply with building set-back
Screen Enclosures
All screen enclosures (screen walls and screen roof) shall comply with
building side yard setback. No screen enclosure shall be constructed
closer than eight (8) feet from rear property ]/ne and no screen encl-
Section ll- oontinued
Page
osure shall be constructed in front of the building line.
lots, property ber~in~ ~oth stree~ts shell b~ eonsid~red as
G. Townhous es
All townhouse developments Shall conform to the district zoning and
shal] meet the following minimm, requirements.
1. Each townhouse shall have its own lot amea, each yard private
and reasonably secluded fr~m view of streets or neighboming
propa~ty.
'2. Each t~uhouse shall have a d~rect automotive access from the
off-street p~ng space to a public street.
All outdoor, rear yard areas used for drying of clothes shall
be screened from view from ~he street and from adjoining yards
and lots.
4. Parking space she]] be' provide~ for ss by Section ll-H.
H. Off-Street Parkin~
Off street pamking for the purpose~of this chaptem, the tern 'toff
street parking space" shell mean a parking space constructed of
a hard surface and shall consist of a minimum net area of two
hundred (200) square feet of appropriate dimensions, and not less
than ten (10) feet in width, for parking an automobile: exclusive
of access dmives or aisles thereto or any street or alley might-
of-way.
All required off-street parking facilities shall be drained so
as not to cause any nuisance to adjacent private or public prop-
erty.
A Certificate of Occupancy for the given structure or premises
shall not be issued until the .required parking area has been
inspected and approved.
There shall be provided, at the time of the erection of any
main building or structure, om at the time any building or
structure is enlarged or increased in capacity by adding
dwelling units, guests rooms, floor area or sea~s~ minimum
off street automobile parking space with adequate previsions
for ingress and egress by an automobile of standard size, in
accordance with the following ~ requirements:
a. Single Family dwelling structures: two spaces fora each
dwelling unit.
page ~5
Section lt' -~continued
b. 'Multil)le family d~e]l~ng stru~s:, two spaces for each
dwe]] ~ng unit.
c. Churches, temples, or othar places or WOrship: one space
for each four seats in The ms~n auditorium.
d. Commercial manufacturing, and industrial concern not catering
to The retail trade: one space for each ~wo emplOYees on the
largest working shift, but not less Than or~ space for each
gOON square-feet cZ flo~r area, exclusive of that ~mrea used
fo~ storage, plus one space for each company vehicle operating
from the premises.
e. Country, golf, gun club: c~e space for each five members.
General business, c~,,,mrcial or personal service establishments,
not including 'n~at rn~l~ke~s, grocery stores~ or shopping centers:
one space for each two hundz~d (200) square feat of non-storage
floor area.
Hot~ls: -c~e space fom each bedroom, plus one addltionsl space
for each ~wo employees.
Hospitals, sanitariums, convalescent: and nursing homes: one
space fo~ each T2mree beds, one space for each two staff doctors
and one space for each Two employeas on the largest shift.
i. Kennels and animal hospitals: one parking space for each three
hundred (~00) square feet of floor area.
L~bra~ies, museums: one parking space for each Three hundred
300) square feet of the floor area open to the public.
k. Medical or dental offices or clinics: six spaces for eachCdootor
or dentist.
1. Motels: one space fo~ each bedroom, plus one space fern resident
manage'P, or cwner~ plus one space for each two employees.
m. Office and public buildings: one space fora each th!ce hundred
(300) squere feet of floor area within the building.
n. Pmivate club or lodge: one space for each four (4) seats.
o. Restaurants: one space for-each three (3) seats plus one space
for each Two employees.
Rooming, boarding houses, dormitories: one space for each sleep-
ing unit.
q. Pmivate schools: one. space for each ew~loyee plus one space for
each Three students of driving age~ plus one=.space for each 1 ,O00
square feet of floor area or fractmon thereOz
Section 11 - continued
Page q6
Shopping centers, including meat markets and grocery stores:
one space for each one hmadred fifty (150) s~Uare feet. of~ retail
s. ..Theatres: audlto~iums, places of assembly: 9ne space for
each fou~ (4) seats.
t. Bowling ~l~eys: fou~ (4) spaces for each bowling lane.
u~ ~as: one space fora .each-boat slip plus required spaces
~or ~any eating: motel or eon~nerc~aul faeitity on pr~mises.
V.
We
Mixed uses: in the case of mixed uses, the total .requlrements
for off-st~eet parking shall be the sum Of the r~re~nents of
the. Various uses ec~puted separately. Off-st~eet parking space
for one use sb~-l, not be--considered as providing the r~q. ui~ed:
off-street pa~king for any othen~ use.
A3_l other uses: parking requirements for uses not listed in
this section shell be determiued by the City Council after
view and reconmendation hy the Planuing and Zoning Board.
Location of Off-Street Pa~kir~ Spaces
1. Pa~king spaces for alt dwellings shall be located on the same lot
with the ms~n building to be served.
Perking spaces' for other usee shall be owned and provided on the same
lot or not more than three hundred (900) feet distant, as ~mesured
along the nearest pedestmien walkway.
3. Pamkin~ r~q~t~ of Two or more .U~.es of the same c~ d~ fferent
types may be satisf.~ed by the m]]o.ea, tion of .T~.e mequimed nu~6e~ of
-~spaess~ of e~ch use in a e~on park~ng facility.
J. Off Street Loalin~
For The p~se of t
loading space" shal]
'-hard- surface an~ she
twelve (12) feet in
teen (14) fee~ in he
spaoe or, alley migh~
2. The following spaces
his chapter, the term "off-street loading o~ un-
-mean a vehicui~ toading space-constructed-of a
t~ eonsist~*oZ ~-~pace with dimensions not= tess-~than
~idth, thirty-five (25) feet in length and four-
ight, exclusive of access aisles, maneuvering
-of-way.
shall be provided for the uses indicated.
Every hospital~ ~qstitution, hotel, eon~aereial or industrial build-
mug, or s~ar .~se, requiring the receipt or dist~_'_.bution by
vehicle oi materials or merchandise, shell have sufficient perman-
ently toaSt,ned of~fistreet load~n~ g s.paee so as not to hinder the
free movement of vehicles and pedestriaus over a street or sidewalk.
Page 47
Section 1t - continued
All structures requ/ring The pick-up of larg~ quantities of
garbage O~ tmash s~ll provide an ~sily a~cessible area for
the pick-up and delivery of a dumpster or othe~ trash recep-
tacle; a~l' such areas sh~]l be so designed that g~pbage and
tmash pick-up can be accomplished without excessive maneuver-
~ such as turning around and backing up.
K. Permanent-Reservation of Spaee~
Area reserved for off-street pa~king om loading, in accordance with ~the
req}~ire.ments of This sectiOn, she/l-not'!l~ reduced in area om ~hanged
tg. any othe~~use unles, s eq?~.valent.off-street par~ng om loading is pro~
vmded in accordance with this section.
L. Service Stations WithoutMa$or Repairs
When, afte~ reuiew of an application and plans appertaining thereto, and
hesming thereon, the planning board advises as a fact That the proposed use
o~ uses will eolncide with the city's comprehensive development plan and
ar~ in the public int~est~ The f~olt~wing uses may 'be ~=e%~ended to fac
City Counn~l for approval, providiug that ssid plans con~ly with the nun-
i~m c~ite~ia set forth hereinafter.
M. Service S~ations With Majom R~psirs
- ~ -- ..... -Thez~' shall be a ~ :di~f~-ome thousand (!000) feet between- the
nearest proper~y line of the lot. Om plot of land upon which the proposed
service station is to be constructed, and the nearest p. ropez~y line of a
lot or plot of l~nd upon which any otheP gasoline service station:~ church,
public playground, hospital, public school or othe~ simita~ pubtie or
semi-public place where large numbers of people congregate, is located.
Such-distance shall be by dirsct airline meas~rrem~nt. · ......
Pa~e q8
Section !~ - Inter~retatioh and Pu~ose
In iuterpretation and application of This chapter, the provisions herein
sb~11 be held to be the minimum requ/rements for-the pro~. ~tion of.the ~u~.lic ~
heslth, 'safety, mor~ls and general welfare of the commur~ty. It .ms not :in-
Tended by this chaptem ~o inte~fe_re with o~ abrogate om annul any easements,
covenants or othem agreements between parties; provided, h~evem, that where
this ~chapte~-J-uposes.a greate~._r~..triction upon the use of b~Hldings o.r. pre-
~mises or upon ~due height of 5uj/~.~, or reqlzlres lar~er ~.pen spaces .~nan
are imposed or required by othe~ ordinances, r~les, ~egulations_or by easements,
covenants or agreements the provisions of T_h/s chapte~ sbmll eonin3ol; and
Special Act of the legislature relative to rne sum]ecu maz~e~ or rn3~ cnapre~.
If;~ because-of eprom or omission in the Zoning Map,- any property in the City
is nor shown as being in a zoning district, the elassificetlon of such property
shall be R-1-A Single Family, unless changed by amendment To this chapter.
Section, l$ - Existing Bulkhead Line Ratified and Confirmed
~he bu/khead tine heretofore established with the City Limits by Ordinance
No. 289 of the City, in accordamce wlth Map No. 'R-56-006 entitled "Bulkhead
Line of the City Of Boynton-Beaeh~ Florida" dated-SepTember, 19~6,--is hereby
r~tified and confirmed and said map-is hereby adopted by reference and made
a part hereof. There shall be no bulkhead, seawall, or other structure for
land f~]]~ng into the wazem of Lake Worth, which shall exter~ eastward from
the existing shoreline othe~ th~n as shown on the map refer~ed to above.
Section' !g ~- Bu3khead tzine-Permit Requi~ed for Land Filling
It sbm]] be required, prior to eonmencing any operation for land filling with-
in the a~ea as shown on the map described in Section 13, a permit for land
filling, all of which shall be in accord with the directions and approval by
the City Council~ ~The isprovemant~, ~o~fill, she/1 have a ~ elevation
of not less than ~ix (6) feet above mean sea level according to the current
U. S. Government Geodetic Sur~ey. Any such applicant Shall also be required
to cc~ply with all rules: regulations, or other requirements of the Trustees
of the Inter~_l~Improvement Fund of~ the State of Flo~idg, U. S. A~my EngJ_neers
or othe~ Govermmenta] body regulating land filling operations of the above
Page 49
section 15 - conflict 'of Interest
No member of these boards shall have any interest, financial or
otherwise, direct Dr indirect, or e~g~ge in any business trans-
action or professienal activities ~r incur any obligation of any
nature which is in conflict with the proper discharge of his
duties in the public interest.
Section 16 - Enforcement ®f Violation and Penalties
The Building Official is hereby designated and authorized to
enforce this. Ordinance. Any person violating any of the p~ovisions
of the Ordinance shall, upon convietion th~reof in the Municipal
Court of th~Cit~, be penalize~ by fine not to exceed'$500.O0 or
by imprisonment for not more than sixty (60). days ~ both, in the
discretion of the municipal judge. Each day a vielation occurs
er is permitted to exist skall constitute a separate offense.
Section 17 Separability
Each of the provisions of this Ordinance are separable, including
word, clause, phrase or sentence, and if any portion hereof shall
be declared invalid, the .remaining portion shall not be affected
but shall remain in full force and effect.
Section 18 - Repealing Provisions
Ail ordinances or parts of ordinances in conflict herewith are
herleby repealed.
Sec%ion 19 - Effective Date
This Ordinance shall become effective in the manner and at the
time provided in the Charter and Ordinances ~of the Cit~ of Boynton
Beach, Florida.
First reading this 8th day of May, 1975.
Second, final reading and passage this ~day of June,
1975.
ATTEST:
CITY. OF BOYNTON BEACH, FLORIDA
City Clerk