19-031 ORDINANCE NO. 19-3 3\
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT REGULATIONS
CHAPTER 2 "LAND DEVELOPMENT PROCESS", ARTICLE II.
"PLANNING AND ZONING DIVISION SERVICES"; PROVIDING
FOR CONYLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the Boynton Beach CRA Community Redevelopment Plan, adopted
on October 4th,2016,recommended significant changes to the structure of the future land use
(FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific
design standards; and
WHEREAS, the proposed amendments constitute the third revision of the LDRs,
following the amendments adopted on May 16, 2019; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
Section 2. City of Boynton Beach Land Development Regulations, Chapter 2,
"Land Development Process", Article II "Planning and Zoning Division Services" is hereby
amended as follows:
CHAPTER 2. LAND DEVELOPMENT PROCESS
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Sec. 2. Standard Applications
B. Comprehensive Plan Amendments.
1. General.
a. Purpose and Intent. The purpose of this subsection is to provide a means for
amending the city's Comprehensive Plan in accordance with F.S. Chapter 163.
b. Authority. The City Commission has the authority to amend the Comprehensive
Plan upon compliance with the provisions of F.S. Chapter 163 and of this subsection. The
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordinance.Docx
-1-
City Commission has designated itself as the Local Planning Agency (LPA) for the city.
c. Types of Amendments. Amendments to the Comprehensive Plan include text
amendments and site-specific amendments to the future land use map(FLUM).
2. Text Amendment. A text amendment to the Comprehensive Plan shall only be
initiated by the city.
3. Future Land Use Map (FLUM)Amendment.
a. General.
(1) The purpose of this subsection is to provide a means for changing the
boundaries and/or classifications of the FLUM through site-specific amendments to the
Comprehensive Plan.
(2) A request for FLUM amendment for parcels of 10 (ten) acres or fewer shall be
considered either large scale or small scale, based on F.S. Chapter 163.
(3) Applicati( • . . _ . - , . . . . _. .
Chapter 163.
(43) All privately initiated FLUM amendments shall be accompanied by an
application to rezone to a zoning district consistent with the requested FLUM
classification. See Section 2.D. below for the process by which lands are rezoned to a
different zoning district.
D. Rezoning, Including Master Plan.
1. General.
a. Purpose and Intent. The purpose of this subsection is to provide a means for
changing the zoning district boundaries or designations through site-specific amendments to
the official zoning map. It is not intended to relieve particular hardships or to confer special
privileges or rights to any person, but only to make necessary adjustments in response to or
based upon changed conditions.
b. Authority. The City Commission has the authority to amend the official zoning
map upon compliance with the provisions of this subsection.
c. Initiation. Amendments to the official zoning map may be proposed by the owner
(or agent) of the affected land or city-initiated.
d. Consistency with Future Land Use Map (FLUM) of Comprehensive Plan. No
application to rezone lands may be submitted that would result in an inconsistency with the
FLUM classification. See Section 2.B.3. above for the process by which to amend the
FLUM classification.
_ e. Rezoning to Planned Zoning Districts. A master plan, along N ith the concurrent
• • - - . . • •, shall be required when a privately-initiated
application is made to rezone lands to a planned zoning district. A site plan may be
submitted concurrently or at a later date. - • - . -• • - • - - ••-
the rezoning application; however, cCity-initiated rezoning can proceed in advance of the
master plan/site plan submittal. The master plan shall be reviewed in accordance with
Section 2.D.6. below. See Section 2.F. below for additional regulations pertaining to the site
plan application.
6. Master Plan.
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordinance.Docx
-2-
a. General. The purpose of this subsection is to set forth well-defined application
processes, review criteria, and uniform procedures for the rezoning of lands to planned
districts (as defined by Chapter 1,Article II).
- b. Submittal Requirements. Except as provided in Section 2.D.6.e below,Tthe
applicant is required to complete the rezoning application (see Section 1.D. above),
and provide all documentation required by the respective application checklist.
When a project is to be completed in two (2) or more phases, more than one(I)phase may
and filed concurrently with the submittal of the master plan. The Director of Planning and
to show compliance with all applicable development standards and regulations.
•I c. Review Criteria. The master plan shall comply with the requirements of the
1 i i respective zoning district regulations of Chapter 3, Article III and site development
11 standards described in Chapter 4. In addition, the site plan shall be consistent with the
t i master plan. See Section 2.F.3. below for the review criteria of a site plan.
t i d. Approval Process. A privately-initiated request to rezone(and its accompanying
t i • master plana shall be 1 - _ . - • , _ _
I i - - -. e require review by the City Commission and shall be
l i ; processed in accordance with Chapter 2, Article I, Section 3.
t i _ e. Expiration. A master plan_, - • _ . - - .
1Q. above, shall remain valid unless the corresponding site plan expires,.-or if the site plan is
i not adopted within 18 months of the date of the master plan approval. In these instances,the
official zoning map retains the planned zoning district designation, but the property does not
possess a valid development order or development permit, and no permits may be granted by
the city on the subject property. The submittal and approval of - • a : - - • '• ,
which includes a new or modified master plan, and a site plan application, except
as provided in Section 2.D.1.e. above, shall be required in order to commence development,
1 redevelopment, or other site improvements.
f. Modification to Master Plan. Changes to master plans are either "minor" or
"major" based on criteria within this section. A pre-application conference with staff is a
1 prerequisite to filing an application for modification. The site plan must be consistent with
the master plan; therefore, any request to modify a master plan may require the submittal of
a concurrent request for site plan modification in accordance with Section 2.F.7.
1 below. Staff shall consider the following factors in determining whether the proposed
1 master plan modification is considered "major":
It (1) The modification increases or decreases the buildable square footage (intensity)
1 or number of dwelling units (density)by more than five percent(5%);
(2) The modification eithefair eliminates a point of ingress and egress;
(3) The modification•_reduces, or changcs the location of the cumulative
area of each the required or provided open spaces, green spaces, and pedestrian plazas sty#
_ _ -- _ • , by more
1 than five percent(5%), changes the location of such spaces, or does not otherwise meet the
1 intent of these Regulations;
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordinance.Docx
-3-
I (43) The modification alters the project so that the modified master plan does not
resemble the approved master plan;
I `56) The modification affects or does not comply with a condition of approval of
the preceding development order; and
I ' (67) The modification is proposed to a city-owned or operated facility and does not
A I adversely impact adjacent properties and/or public lands.
A g. Major Master Plan Modification.
I- . (1) Submittal Requirements. See Section 1.D. above for the submittal requirements
I- of this application.
1, (2) Review Criteria. The proposed master plan shall comply with the requirements
1 of the respective zoning district of Chapter 3, Article III, and the site development standards
1, + described in Chapter 4.
1 (3) Approval Process. An application for major master plan modification requires
1, : review by the City Commission and shall be processed in accordance with Chapter 2, Article
1 I, Section 3.
1 - (4) Expiration. A master plan shall remain valid unless the corresponding site plan
1 expires, or if the site plan is not adopted within 18 months of the date of the master plan
1 approval. There is no expiration of a major master plan modification.
1 (5) Miscellaneous. At the time the City Commission approves a request for a major
master plan modification, any previously approved master plan, including any conditions of
1 approval, shall be null and void. All future development shall be consistent with the master
plan, as modified and approved by the City Commission, including all corresponding
1 conditions of approval.
1 h. Minor Master Plan Modification.
(1) Submittal Requirements. The applicant shall submit a letter explaining the
1 modification(s) along with the master plan(in the number of copies specified by the
1 Division). The applicant shall also provide consent from the property owner to file an
1 application for the minor master plan modification.
1 (2) Review Criteria. The proposed master plan shall comply with the following: 1)
all applicable conditions of approval of the preceding master plan; 2) requirements of the
1 , respective zoning district of Chapter 3,Article III; and 3)the site development standards
1 described in Chapter 4.
1 • (3) Approval Process. The application shall be reviewed by staff and action will be
1 : taken by the appropriate administrative official. Upon approval of a minor master plan
1 modification, all future development shall be consistent with the master plan, as modified,
1 including all previously approved conditions of approval associated with the master plan.
1 ....
1 F. Site Plan, Including Time Extension and Modifications.
1 ' , 8. Miscellaneous.
l a. Site plan review shall be required in conjunction with a master plan when rezoning
1 ' ' lands to a planned zoning district, except as provided in Section 2.D.1.e. See Section 2.D.6.
1 ' ; above for additional regulations pertaining to the rezoning process. In such instances,the
1 site plan shall be consistent with the master plan.
1 i
1 : Section 3. Each and every other provision of the Land Development Regulations
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordinance.Docx
-4
1: not herein specifically amended, shall remain in full force and effect as originally adopted.
1: Section 4. All laws and ordinances applying to the City of Boynton Beach in
1: • conflict with any provisions of this ordinance are hereby repealed.
1:+ Section 5. Should any section or provision of this Ordinance or any portion
1: thereof be declared b} a court of competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
1' i Section 7. This Ordinance shall become effective immediately.
1' FIRST READING this day of , 2019.
1' . SECOND, FINAL READING AND PASSAGE this day of , 2019.
1' CITY OF BOYNTON BEACH, FLORIDA
1'
' YES NO
1' .
1' Mayor—Steven B. Grant
1'
1' Vice Mayor—Justin Katz
21
21 Commissioner—Mack McCray
21
21 Commissioner—Christina L. Romelus
21
21 Commissioner—Ty Penserga
21
21 VOTE
21
21 ATTEST:
2
2
2
2
2 Crystal Gibson, MMC
2 City Clerk
2
2
2
2 (Corporate Seal)
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordinance.Docx
-5-
ORDINANCE NO. 19-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT REGULATIONS
CHAPTER 3 "ZONING", ARTICLE III. "ZONING DISTRICTS",
ARTICLE IV, "USE REGULATIONS"; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
11 EFFECTIVE DATE.
1
WHEREAS, the Boynton Beach CRA Community Redevelopment Plan, adopted
on October 4th,2016,recommended significant changes to the structure of the future land use
(FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific
design standards; and
WHEREAS, the proposed amendments constitute the third revision of the LDRs,
following the amendments adopted on May 16, 2019; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
1 THE CITY OF BOYNTON BEACH,FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
Section 2. City of Boynton Beach Land Development Regulations, Chapter 3,
"Zoning", Article III "Zoning Districts" is hereby amended as follows:
CHAPTER 3. ZONING
ARTICLE III. ZONING DISTRICTS AND OVERLAYS
Sec. 1. Overview.
C. Non-Residential Building and Site Re ulations (Table 3-2).
NON-RESIDENTIAL C- C- C-3 C- CB PCD n1- 1,111 RI? P1
1 2 4 D 1 ('
1
Density(dwelling units per acre): N/A N/ N/ z Iexible' N/ N/A
A N/A A N/A N/A A
Project Area,Minimum(acres) N/A A/ N/A A/ N/A 3" Ni\ 25" A/ N/A
Lot Area-pert-++nit,Minimum(square 9,0 5,0 15.0 5,00 15,010,0 43.5
feet): 00 00 I 0 00 Flexible 00 Flexible 60 8,000
I--
Lot Frontage,Minimum: 75 50 75 170 75 Flexible Flexible 100 75
Lot Depth,Minimum: 120 0� N/A 100 ICU N A N/A N/A A/ N/A
Lot Coverage,!Maximum: �0 �0 40% �� 75% 40%10 60% 60% A/ N/A
Floor-Area-Ratio(FAR),Maximum: 00'4 00.5 0.50 °0'5 N/A 0.50 0.50 0.50
0.5
0 1.00
Structure Height,Maximum(feet): 30' 25 45 45 45 45 45 45 45 45
Building Setbacks,Minimum(feet)14:
Front 30 30 20 25 0 40 15 30 25 25"
Rear 20 20 202 20' 206 40 203 30 25 25"
Interiur;ide IU 15 0' I5' 30 15' 20 25 15"
Corner side I l 2li 20 155 15 30 25 IS"
Building Setbacks,Minimum if
abutting a residential district(feet)14:
Rear 3U 3U i 3u �N' ,A N/A 30 N/A A/ 30
Interior side 30 30 30 30 • N .1 N A 30 N/A AI
I
Corner side 30 ? ) 30 30 N/A N/A N/A N/A A •' N/A
Waterfront yard N/A A/ N/A A/ 88 N/A N/A N/A �/ N.A
7
E. Mixed Use Urban Building and Site Regulations (Table 3-4).
MIXED USE,URBAN 13," MU-1 MU-2 3 4 MU-C
,
Lot Area,Minimum(acres):
Public park N/A N/A N/A N/A N/A
2
All other uses 0.50 I 0.75 1 1 I
Lot Frontage,Minimum(ft.)' 100 1002 t 2002 2002
Structure Ht.,Minimum(ft.) 30 30 3u 45 45
Maximum Height(ft.)3 45 65 75 100 150/125'
Maximum Density(DUs/Acre)10•12
20 40 50 60 80
Maximum F.A.R.11 1.0 2.0 3.0 H! 4.0
Build-to-line(ft.)8
All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement'
Abutting a Local street 0' 0' 0' 0' 0'
Interior side 0' 0' 0' 0' 0`
Building Setback,Minimum(ft.)8
Rear abutting:
Residential single-family 25'/05.6 255 255 25'
Intracoastal waterway 255 255 5. �>
Side abutting
Residential single-family 253/05.6 255 255 255 25'
Usable Open Space,Minimum(sq.ft.)9 N/A N/A 1% 2�b
0.5%
1. May be reduced if frontage extends from right-of-way to right-of-way.
l 2. - _ - 2. . . ._ - .Project sites must front on
• I two(2)intersecting rights-of-ways and must have an uninterrupted lot frontage.
3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway
' is thirty-five(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction
, where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of
these regulations.Height bonus may be granted through participation in the Workforce Housing Program.
4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts
any other MU or residential zoning district not separated by a right-of-way.
5. Plus one(1)additional foot for each foot of height over thirty-five(35)feet.
6. Where there is an intervening right-of-way of at least forty(40)feet.
7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in
1 conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or
when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a
factor of roadway type and CRA district,which determines the minimum:width and design of the PZ.Except
. - . The minimum PZ • " . . , .
' is comprised of three components: 1)a five(5)foot wide street tree area,measured from the back of the curbs
3
' ' or future curb on roads requiring a right-of-way dedication,2)an eight(8)foot wide sidewalk(10 foot wide
'1 sidewalk when located within the Downtown District,as defined by the Community Redevelopment Area
Plan),free from obstructions,measured from the centerline of street trees,and 3)an eight(8)foot wide active
' area,measured from the sidewalk.The PZ components may vary in placement order only on sites with
conflicting right-of-way regulations.See Section 5.C.2.below for additional relief provisions from build-to
line requirements.-See Section 5.C.2.below for additional relief provisions from build-to line requirements.
8. Locally registered historic structures are not required to meet these standards.
9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be
devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III,Section 8
for additional regulations.
10. Projects within the Downtown Transit-Oriented Development District(the Station Area)tr-ansit-60fe-shall
i have minimum densities as follows:MU-1 -eleven fifteen(1415),MU-2—twenty-five(2025),MU-3
thirty-five(4935),MU-4- fortythirty five(4-545) and MU-C-sixtvfecty(4060)dwellings per acre,-(except
69 11. Projects within the Downtown Transit-Oriented Development District(the Station Area)transit core-shall
7 have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two(2.0)
area}-_Maximum FAR for MU-3 may be increased to 3.5 if abutting property with the Mixed Use High future
land use classification.
12. The maximum density for projects within the Downtown Transit-Oriented Development District(the
' Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the
I underlying zoning district through participation in the City's Workforce Housing Program.
13. Mixed use projects within urban mixed use zoning districts will meet ground floor
COMMERCIAL USE requirement by including commercial uses serving the general public such as
retail, restaurants,bars,entertainment, personal services,and offices. Resident-only serving
(I amenities such as lounges,gyms,common rooms, and recreation spaces may be included in addition
to the above uses,but shall not fulfill the commercial requirement.
14.Residential-only projects within MU-1,MU-2,and MU-3 zoning districts located within the
Federal Highway District and the Heart of Boynton District,as defined by the Community
Redevelopment Area Plan,will meet ACTIVE USE requirement by using design features—
: + including street-fronting access—to allow residential use to engage with the street and provide the
opportunity for interaction. Such features may be combined with building amenities such as lounges,
gyms, common rooms,and recreation spaces on the ground floor
4 11
Sec. 2. Residential Districts.
H. IPUD Infill Planned Unit Development District.
3. Building and Site Regulations (Table 3-12). The following building/site regulations
' apply to the entire IPUD development.
BUILDING/SITE REGULATIONS
IPUD District
4
Minimum project area: None
Maximum project area: Less than 5 acres
Minimum lot frontage': Flexible'
Minimum perimeter yard setbacks:
Front: Flexible'
Rear: Flexible'
let_vor gide: Flexible'
(',,reer side: Flexible'
Maximum lot coverage: 50%
Minimum usable open space(per dwelling unit): 200 square feet
Maximum structure height: 45 feet'
98
99
1 ' Individual lots within an IPUD development contain flexible standards relative to minimum required lot
1 frontage and lot area for each unit. Pursuant to Chapter 3,Article IV,Section 3.D.,a marina use shall require a
1 minimum lot frontage of one hundred fifty(150)feet and a minimum average width of two hundred(200)feet.
1 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single-
t family residential zoning. ere adjacent to single-family residential zoning,the required perimeter building
1 .. setbacks of the IPUD shWh
all resemble the setbacks of the adjacent development based upon the orientation of
106 structures with said development. Also,perimeter buildings shall have an increased setback of one(1)
107 additional foot for every foot of building height in excess of thirty(30)feet. If vegetation,screening,or other
108 barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses,the city
10 may grant some relief from the aforementioned requirement. A structure shall be considered to be on the
1 l perimeter if there is no intervening building between it and the property line. Project design along abutting
1 roadway(s),including setbacks,shall be based on existing development patterns or applicable recommendation
1 from the respective development plan.
1 i 3 A lesser building height may be required for compatibility with adjacent development. See Note#2 above
1 for additional setback requirements relative to building height.
1
1 r ...
1 Sec. 5. Mixed-Use (Urban) Districts.
1 A. General.
1
1 3. Location and General Use Requirements.
1 r a. General. The mixed use (urban) districts are intended for projects that promote
1 sustainable design with respect to land use, energy conservation, resource management, and
1 ' ' social equity. Rezoning to any of these districts is encouraged for proposed development or
1 redevelopment on lands that are in close proximity to existing infrastructure, public and
5
1 . alternative transportation routes and modes, employment centers, community areas, or have
1 sustained or are complicated by environmental contamination.
1 . The mixed use (urban) zoning districts shall be applied to selected geographic areas
1 ' east of I-95, where a mixture of uses and building intensities is intended to implement the
1 i CRA Community Redevelopment Plan and urban design guidelines including goals
1 involving compact design,transit-oriented development, employment,population,
1 transportation, housing,public facilities, and environmental quality. Permitted uses and
1 associated standards for development vary between the zoning districts each reflecting the
1 importance of the district's location and relationship to the downtown. Maximum heights,
1 densities, and intensities of development are regulated to achieve, in part,the intended
vision as established within the CRA Community Redevelopment Plan for each of the six
1 planning districts, while ensuring land use compatibility. A master plan as a whole,
comprised of individual buildings and parcels, would be reviewed for compliance with the
1 '+ requirements below pertaining to a residential component to the project, Active,and
1 i Ceommercial uses on the first floor of a project.
1 b. Mixed Use 1 (MU-1), Mixed Use 2 (MU-2), and Mixed Use 3 (MU-3).
1, (1) In order to complement the revitalization efforts in the downtown area, these
1, zoning districts shall be applied to lands consistent with the Comprehensive Plan Future
1, Land Use Map and CRA Community Redevelopment Plan. See the Community
1 Redevelopment Plan for specific recommendations on locations and boundaries.
1, (2) These MU districts are appropriate for low-to mid-rise developments that
1, provide for medium density residential and low to medium intensity commercial and office
1, ; uses.
1, (3) The review of these applications will emphasize compactness, aesthetics and
1 i design quality, and physical compatibility with adjacent land uses.
1 (4) Except where limited by Table 3-22 in Chapter 3, Article III, Section 5.C., all
1 new developments within the MU-1 and MU-2 districts that contain a non-residential use
1 shall front on streets designated as ''arterial'-', or ''collector'-', roadways on the Functional
1 Classification of Roadways Map. All projects within the MU-3 district proposed within the
1 transit core must contain a residential component, and all projects proposed within these
1 Mixed Use intensity districts that front on an arterial road must have space on the first floor
11 ' devoted to Ceommercial or an Aactive uses.
(5) Maximum height may be further limited in certain geographic areas to further
1 " applicable redevelopment plans and maintain compatibility with an abutting single-family
district.
1 c. Mixed Use-4 (MU-4).
1+ (1) The Mixed Use 4 (MU-4) district shall only be applied to land classified as
1 mixed use-high (MXH)on the future land use map as recommended by the Community
1 Redevelopment Plan.
1 (2) The MU-4 district is appropriate for high density/intensity development
1. intended for designated nodes. Such developments shall include a mix of uses designed in a
1. ' compact vertical style. Developments proposed within the Downtown Transit-Oriented
Development District(the Station Area) must contain a residential component and have
1+ space on the first floor devoted to commercial uses for those portions of the project having
I1 frontage along a collector Ocean-Avenue or an arterial road.
1 (3) All new developments within this district shall front on streets designated as
6
"arterial"roadways on the Functional Classification of Roadways Map.
1 d. Rezoning of single-family districts. All requests to rezone any single-family
1 residential district to a mixed use zoning district shall be subject to the following additional
1 requirements:
1 (1) Height, density and intensity of development shall be consistent with the CRA
1 Redevelopment Plan for the applicable district;;
1 (2) Ratio of lot frontage to depth that is no more than one(1)foot(frontage)to one
and one-quarter(1.25) foot(depth);
1; l (3) Vehicular access to the property located to minimize impacts on adjacent single-
] : family developments and meet safety standards; and
1; (4) Landscape barriers provided, in accordance with the landscape regulations of
I: ; this Code, where the rezoned property abuts single-family residential zoning.
1; e. Mixed Use Core(MU-C).
1 ; , (1) The Mixed Use C (MU-C) district shall only be applied to lands classified as
1; mixed use-high (MX-H) on the future land use map.
1 ; (2) The MU-C district is appropriate for high density/intensity development
1 ; ; intended for the downtown area. Such developments shall include a mix of uses designed in
1 ; a compact vertical style. Developments proposed within the Downtown Transit-Oriented
' l Development District(the Station Area)must contain a residential component and have
1 9 I space on the first floor devoted to commercial uses for those portions of the project having
192 frontage along a collector Ocean-venue or an arterial road.
193 (3) All new developments within this district shall front on streets designated as
I "arterial" roadways on the Functional Classification of Roadways Map.
1 f. Rezoning of single-family districts. All requests to rezone any single-family
1' residential district to a mixed use zoning district shall be subject to the following additional
1 requirements:
1' ; (1) Height, density and intensity of development based on the standards indicated in
Table 3-22;
21 (2) Ratio of lot frontage to depth that is no more than one(1) foot(frontage)to one
21 and one-quarter(1.25) foot(depth);
211 ' (3) Vehicular access to the property located to minimize impacts on adjacent single-
21) : family developments and meet safety standards; and
-MIXED USE,URBAN I"
(Overlay regulations may apply.See Section 8 below.) >n -t Ott NH3 Ott -t Nit -(
Lot Area,Minimum(acres):
Public park: N N N;\ N A
All other uses 1 , 1
Lot Frontage,Minimum(ft.)'
'HI luu I 200= 200=
Structure Ht.,Minimum(ft.)
30 30 45 45
Maximum Height(ft.)'
55 65 100 150 12'
Maximum Density(DUs/Acre)10•" 5u 60 80
20 40
Maximum F.A.R." 2.5 3.0 3.0 a Ii 4 0
7
Build-to-line(ft.)e:
All sides abutting a collector or arterial road 7
Factor of Pedestrian Zone Requirement
Abutting a Local street 0' 0' 0' 0' ()-
interior side 0' 0' 0' 0
Building Setbacks,Minimum(ft.)s:
Rear abutting
Residential single-family 255/0'6 255 255 25' 25'
Intracoastal waterway 25 25 25 25 25
Side abutting
Residential single-family:
255/05'6 255 255 255 255
Usable Open Space,Minimum(sq.ft.)9 N/A N/A 0.5% 1% 2%
21
21 (4) Landscape barriers provided, in accordance with the landscape regulations of
21 this Code, where the rezoned property abuts single-family residential zoning.
21 ' B. Use(s)Allowed. See "Use Matrix, Table 3-28" in Chapter 3,Article IV, Section 3.D.
21 ; C. Building and Site Regulations.
21 ' 1. Building and Site Regulation (Table 3-22).
2 11
2 1. May be reduced if frontage extends from right-of-way to right-of-way.
2 2. Re;efYed.Project sites must front on two(2)intersecting rights-of-ways and must have an uninterrupted
2 lot frontage.
2 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway
2 is thirty-five(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction
2 where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of
2 ' these regulations.Maximum heights may be increased in the DTODD through participation in the Workforce
2 Housing Program.
2 " 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts
2. II any other MU or residential zoning district not separated by a right-of-way.
2• 5. Plus one(1)additional foot for each foot of height over thirty-five(35)feet.
2. ' 6. Where there is an intervening right-of-way of at least forty(40)feet.
2. 7. Buildings and structures shall be located no farther than zero(0)feet from the property line, except in
2, conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or
2. when additional setback is necessary to provide for required"Pedestrian Zone"(PZ).Building placement is a
2. factor of roadway type and CRA district,which determines the minimum width and design of the PZ.The
2. ' minimum PZ is comprised of three components: 1)a five(5)foot wide street tree area,measured from the back
2. of the curb,or future curb on roads requiring a right-of-way dedication,2)an eight(8)to ten(10)foot wide
2. " sidewalk(10 foot wide sidewalk when located within the Downtown District,as defined by the Community
2 it Redevelopment Area Plan),free from obstructions,measured from the centerline of street trees,and 3)an
2 eight(8)foot wide active area,measured from the sidewalk.The PZ components may vary in placement order
2 only on sites with conflicting right-of-way regulations. See Section 5.C.2.below for additional relief
2 provisions from build-to line requirements.
8
2 8. Listed eligible historic structures are not required to meet these standards.
2 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be
2 devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III,Section 8
2 for additional regulations.
2 10. Projects within the Downtown Transit-Oriented Development District(the Station Area)transit core shall
2 have minimum densities as follows:MU-1 -eleven fifteen(1514),MU-2—twenty-five(25213),MU-3
2 I thirty-five(3534),MU-4—forty-five thirty five(453.)and MU-C-sixtyf ty(6048)dwellings per acre,
2'
-
2 11. Projects within the Downtown Transit-Oriented Development District(the Station Area)transit core shall
2' have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two(2.0),
2. . .. . . .
2' ' area):
2 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the
2 ' Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the
2 underlying zoning district through participation in the City's Workforce Housing Program....
2. " 13. Mixed use projects within urban mixed use zoning districts will meet ground floor
2 I COMMERCIAL USE requirement by including commercial uses serving the general public such as
2 retail,restaurants,bars,entertainment,personal services, and offices. Resident-only serving
2 amenities such as lounges,gyms, common rooms, and recreation spaces may be included in addition
2 to the above uses,but shall not fulfill the commercial requirement.
2
2 14. Residential-only projects within MU-1,MU-2, and MU-3 zoning districts located within the
2 Federal Highway District and the Heart of Boynton District, as defined by the Community
2 Redevelopment Area Plan,will meet ACTIVE USE requirement by using design features-
2 , : including street-fronting access—to allow residential use to engage with the street and provide the
2 opportunity for interaction. Such features may be combined with building amenities such as lounges,
2 i gyms,common rooms, rind recreation spaces on the ground floor
2,,
9
2: . ..
2: Sec. 8. Overlay Zones
2:,
24' A. Martin Luther King Jr. Boulevard Overlay
24i 1. Intent. This overlay identifies a segment of the Martin Luther King Jr. Boulevard as
2 an opportunity for redevelopment and revitalization. The ultimate design and site standards
2:; of this section are intended to create a traditional street corridor with pedestrian
2:' improvements, storefronts along the sidewalk, and a mixture of uses. The corridor is to
2 i contain an ambience supported by pleasant signage and building appearance,potted
2 landscaping, store windows and public open spaces. This overlay is also appropriate for
2 development of small properties to allow for consistency with the vision represented by the
2 respective mixed use zoning district, and/or as an interim redevelopment mechanism until
2 - greater redevelopment occurs using the respective mixed use zoning district. All
2 ' development within the Martin Luther King Jr. Boulevard corridor shall occur according to
2 + the provisions of the adopted plan as stated below.
2 2. Defined. The Martin Luther King Jr. Boulevard Overlay(MLKBO) is hereby
2 : established as the area defined by the parcels fronting on that portion of the Boulevard
12 ' located east of Seacrest Boulevard and west of the railroad right-of-way, along with those
2:1 parcels adjacent to the north and south of these parcels that front on the Boulevard if
2: assembled and developedment as a unified project. Also included in the Overlay are the
2: parcels with commercial underlying zoning located between NE 9th Avenue and NE 1
2: Avenue. :
2: 3. Use(s). Commercial Uses on the Ground Floor shall be required on the street
2: frontage of MLK Jr. Boulevard. Allowed. (Sec "Use Matrix" Chapter 3. Article IV,
2:+ Section 3.D.).
2: a. Uses shall be determined by the underlying zoning district, see "Use Matrix
2: ; Table 3-28" in Chapter 3, Article IV, Section 3.D,with the exception of the
2: following prohibited uses:
2'a Dwelling, Single- family (detached)
2' Dwelling, Two-family(duplex)
2' Automobile Rental
2' Automotive, Major Repair
2' Automotive, Minor Repair
2' Auto/Car Wash, Self- serve Bay
2' + Auto Dealer,New
2' Auto Dealer, Used
2' Auto/Car Wash (Polishing, Waxing, Detailing)
2' Automotive Window Tinting/Stereo Installation/Alarms
3111 Drive-thru facilities
31 Gasoline Station
31 Group homes Type I, II, III, and IV
31 Adult entertainment
31
31 b. Any other automobile-oriented uses not listed above are prohibited.
10
3 , (1) An "automobile oriented use" shall be construed as a business which has
31 a principal purpose of servicing an automobile or consists of a building
31 type or feature which is designed for an automobile, such as drive-thru
31 ' facilities.
3 n c. Live-work units are permitted, but may not front MLK Jr. Boulevard and do not
3 replace the required Commercial Uses on Ground Floor.
3 d. Additionally, no legally existing use shall be deemed non-conforming as a
3 result of the MLKBO regulations.
3
3 4. Building and Site Regulations. Development within this overlay shall be in
3 accordance with building and site regulations applicable to the underlying zoning district
3 ' except as follows:
3 a. Parcels that have frontage along Martin Luther King Jr. Boulevard, Seacrest
3 Boulevard, or NE 3rd Street shall provide for the required "Pedestrian Zone" (PZ).
3. i The minimum PZ is comprised of three components: 1) a five (5) foot wide street
3. tree area, measured from the back of the curb, or future curb on roads requiring a
3. right-of-way dedication, 2) an eight(8) foot wide sidewalk, free from obstructions,
13. measured from the centerline of street trees, and 3) an five (5)eight(8) foot wide
3. active area, measured from the sidewalk. The PZ components may vary in
3. placement order only on sites with conflicting right-of-way regulations. See
3. Section 5.C.2. below for additional relief provisions from build-to line
3. requirements.
3. ; b. Notwithstanding the required build-to line and pedestrian zone requirements,
3 portions of buildings and structures may be constructed in excess of the distance
3 i specified above, but not to exceed 15 feet when necessary to 1)optimize landscape
3 design; 2) maximize on-site drainage solutions; 3) accommodate architectural
3 features and building enhancements; and/or 4)to otherwise enhance public spaces
3 such as sidewalks,plazas, fountains, or outdoor seating areas in order to further the
3 purpose and intent of the Overlay. Major deviations from the build-to line
3 requirement above (in excess of 15 feet) may be allowed, but only with sufficient
3 justification and contingent upon the approval of a Community Design Appeal
3 ' application(see Chapter 2, Article II, Section 4.B).
13 c. Minimum interior side,-anel corner side, and rear setbacks shall be
3 in accordance with the Mixed Use 1 zoning district(see Section S.C. above).
3 i d. Maximum building height shall be shall be in accordance with the Mixed Use 1
3• zoning district(see Section S.C. above)fifty five(55)feet. Buildings fronting Martin Luther
3 King Jr. Boulevard shall be a maximum of thirty-five (35) feet consistent for a depth of ten
3 (10) feet.
3 e. Minimum building height shall be thirty (30) feet.
3 5. Parking. As required by Chapter 4, Article V, Section 3.D.
3 6. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.B.5.
3.
3
3• '
11
3 i C. Cultural District Overlay
3' ...
13 4. Uses. Active cCommercial Uttses on Ground Floor shall be required on the street
3' frontage of Ocean Avenue.
3.
3' D. Boynton Beach Boulevard Overlay (BBBO)
3'
I3' ' 4. Uses: Active cCommercial Uttses on Ground Floor shall be required on the street
3' ; frontage of Boynton Beach Boulevard.
3
12
3 i,
3 i Section 3. City of Boynton Beach Land Development Regulations, Chapter 3,
3 i ' "Zoning", Article IV"Use Regulations" is hereby amended as follows:
3
3 i, ARTICLE IV. USE REGULATIONS
3i,
3 i t Sec. 3. Use Regulations.
3 ' ...
3 D. Use Matrix (Table 3-28).
P= Permitted Residential Commercial Mixed-Use Indus Misc
C= Conditional
A= Accessory trial
on
- - Q - m m 1- 7 X N M ' co a. e .7 "- .7 .7 7 A V
a a a a a a U U U u u a v, 2 2 2 2 2 2 a a
RESIDENTIAL&LODGING
Accessory Dwelling P PPPP P P P
Unit 36 36 36 36 36 36 24 24
36 36
Bed&Breakfast CCCC C C C
37 37 37 37 37 37 37
Dwelling,Single- P P P P P P P P P P P A A
family(detached) 34 34 34 34 34 49 34 34 48 34 24 24
34 44 34 34
34
Dwelling,Two- PPP PP P P (4, PPPPP C A A
family(duplex) 34 4-9 34 34 4-8 34 34 34 34 34 34 34 34 24 24
34 49 -pg. 38 34 34
34
Dwelling,Multi- P P PP P P GRP PPPPP P A A
family(including 4A 34 34 441 34 34 34 34 34 34 34 € 6 27 24 24
Townhomes) ,34 4-9 39 39 6 6 6 34 34 34 34 34
34
Dwelling Units in P 9 P PPPPPP P A A
Mixed Use Buildings 443 48 34 34 34 34 34 6 6 27 24 24
49 49 6 6 6 34 34 34 34 34
34 34
Group Home Type I P P P P P P
(2 per room up to 10 40 40 40 40 40 40
residents,limited
service)
Group Home Type 2 P C C C
(2 per room up to 14 14 40 40 40
residents,limited 40
service)
Group Home Type 3 C C C C C P P CCCC
(comprehensive 14 14 40 40 40 40 40 40 40 40 40
service) 40 40
Hotel&Motel P P PPCCCCPP P
41 41 41 41 41 41 41 41 41 41 41
13
PPPPPPPPP PPPPP
Home Occupations 34 34 34 34 34 34 34 34 34 34 34 34 34 34
Live-Work Units PPPPPP P
42 42 42 42 42 42 27
Manufactured Home I'
iOWfketete 42 42 42 4+ 42 42 C 42 41 42 42 42 42 R 43 A A
49 34 34 444 34 34 34 34 34 34 34 34 34 ?4 244
14 44) 34 34 34
34
3'
3 I 6. General Note. This use is subject to requirements of Commercial/Active uses on
3 Ground Floor.For those projects with frontage on an arterial road, this use is allowed
3 ' as a permitted use if the ground floor fronting the arterial is devoted to office or retail
33 a. Mixed-use projects within urban mixed-use zoning districts will meet the
3 requirement for the Commercial Uses on Ground Floor by including commercial
3 useF. serving the general public such as retail, restaurants, bars, entertainments
3 ' personal services,and office.
3 b. Residential-only projects within MU-1,MU-2 and MU-3 zoning districts located
3 ' within the Federal Highway District and the Heart of Boynton District(as defined
3 I by the CRA Community Redevelopment Plan)will meet the requirement for the
3 Active Uses on Ground Floor by using recommended design features.
382 ...
383 20. Reserved. •• • - . . - . . • • . _ . •_ .
384
3
3 38. Reserved.Dwelling, Two Family (Duplex).
3
3:: a. C 3 district and PCD district. A two family dwelling(duplex) shall comply
3 with the R 2 district regulations. See Chapter 3, Article III, Section 2.E.
3" I
3" 39. Reserved. - _. .
3" '
3' ; a. C 3 district and PCD district. A multi family dwelling shall comply with
3" tl:, R. 3 district regulations. See Chapter 3, Article III, Section 2.F.
3" , •••
3" 41. Hotel & Motel (includes Boutique, Extended-stay, • •• • •
3" t Apaftmeot).
3' ;
C 3 District. Timeshare hotel shall comply with R 3 district regulatiei
411
411
411b. C 1 District. Boutique hotels and timeshare hotels are not listed as permitted
40 ; uses.
411
41 c. CBE) District. Apartment hotels require conditional
41H use
14
4►r
411: d. PCD District. Timeshare apartments shall comply with R 3 district regulations.
4►!
4 ,
4 e-a. SMU District. Hotels require conditional use approval. . • •,
4 P boutique hotels, and timeshare apartments are not listed as permitted uses. Motels
4 c are prohibited uses.
4
4 . tb. MU-1 District, MU-2 District, and MU-3 District, and MU 1 District. Hotels
4 . require conditional use approval. Timeshare hotels are not listed as permitted uses.
4 ► .. • Motels are prohibited uses.
4 :
4 ! g. MU-4 District and MU-C District. . ..•
4' I approval and must he integrated into a commercial or mixed use development and not
4 -
4 ' • .. - • _ • •. - _ . _ . Motels
4' ; are prohibited uses.
4
4' • h. PID district. This non-industrial use is allowed within the PID district provided
4' it is located on a lot that has a Hotel (H) land use option.
4' r
4 : Section 4. Each and every other provision of the Land Development Regulations
4 ! not herein specifically amended, shall remain in full force and effect as originally adopted.
4 P Section 5. All laws and ordinances applying to the City of Boynton Beach in
4; conflict with any provisions of this ordinance are hereby repealed.
4; ► Section 6. Should any section or provision of this Ordinance or any portion
4; thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
4; P affect the remainder of this Ordinance.
4; Section 7. Authority is hereby given to codify this Ordinance.
4; I Section 8. This Ordinance shall become effective immediately.
4 FIRST READING this 17�day of „piryn f- , 2019.
4; :
15
439 SECOND,FINAL READING AND PASSAGE this day of 0C-1 r, 2019.
44) CITY OF BOYNTON BEACH, FLORIDA
441
442 YES NO
443
444 Mayor—Steven B. Grant ✓
44> ✓
446 Vice Mayor—Justin Katz
447
443 Commissioner—Mack McCray
449
450 Commissioner—Christina L. Romelus
451
452 Commissioner—Ty Penserga
453
454 VOTE
455
456 ATTEST:
457
453 1
459 .4
460
461 Cry tal Gibson, MMC
462 City Clerk
463
464
• ,.
4 k4n n ' ' ate Seal)
(" fy.�
•
0k -•
16
CHAPTER 2. LAND DEVELOPMENT PROCESS
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Sec.2. Standard Applications
F. Site Plan,Including Time Extension and Modifications.
1. General.
a. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures,well-defined application
processes,and information to guide the review of site plan submittals. The applicant shall schedule a pre-application
conference with staff and bring the proposed site plan. '• : '
1,Article II, Definitions)and meets the intent of the city's green building initiatives.
b. Applicability. New site plans are either"minor" or"major"based on criteria within this section. The following
applications shall be considered "major": • . ..' . -_ . -- • . . - . ..•- ._ - . . ... .
by this section:
(1) All new developments;
(2) All modifications to existing development that expand floor ar u,require increased parking,intensify the use
(3) Exterior remodeling, alterations,modifications; or
(4) Community gardens containing storage and/or agricultural structures that are greater than one hundred(100}
(1) Site plans containing more than ten(10)new multifamily dwelling units;
(2) Site plans for new non-residential structures over 15,000 square feet;
(3) Site plans requiring an application for Conditional Use;
(4) Site plans requiring a relief application; and
(5) Site plans for city-owned or operated facilities that causes a significant impact to abutting and adjacent
properties,as determined by the Planning&Zoning Administrator.
c. Exemptions. The following work shall not be required to undergo site plan review as required by this chapter:
(1) The construction of a single-family home or a duplex;
(2) Interior renovations,except projects as specified in Section 2.F.1.b.(2)above;
(3) Installation of fire sprinklers;
('I) Replacement of existing electrical components;
(5) Installation of fire alarms; or
Director of Planning and Zoning.
(2) Internal modifications to a structure including plumbing,electrical,and mechanical with no effect to the
exterior of the structure;
(3) Any modification of an existing structure that does not increase the total size of the structure and does not
change the building footprint;
1
(4) Addition of awnings,canopies, or ornamental structures;
(5)Pools,including redesign and relocation;
(6) Other minor structural additions or alterations, including stairs,porches,terraces, fencing,etc.;
(7)Garages and accessory structures in residential districts;
(8)New structures and additions to existing structures of fewer than 1,000 gross square feet in non-residential
zoning districts;
(9) Any modification of,or addition to an existing site necessary to implement a Corrective Action Plan and/or
the City's Chronic Nuisance Property Code(See Part II. Code of Ordinances,Chapter 15).
d. Waiver of Site Plan Review. Notwithstanding compliance with the concurrency regulations of Chapter 1,Article VI,
•- • -- .. . .- • - - --
following fom
„t : - - -
the buildings or site;
(2) The remodeling,alteration, or redevelopment does not reduce emergency vehicle access to the buildings or
site;
spaces;
- .. . .- .• .. . .• ..
compliance—and - - -
2. Major Site Plan
a. Submittal Requirements. See Section 1.D.above for the submittal requirements of this application.
b4. Review Criteria. The site plan shall comply with the following: 1)requirements of the respective zoning district
regulations of Chapter 3,Article III and;2) Ssite Ddevelopment Sstandards described in Chapter 4,Article XII.; and 3)
- . - . .. --. . . - - - .• .• . . - . -- - __ ,•• . See Section 2.D.6.c. above for additional
regulations regarding the requirement that the site plan be consistent with the master plan when rezoning lands to a
planned zoning district.
c.4. Approval Process. An application for site plan approval requires review by the City Commission and shall be
processed in accordance with Chapter 2,Article I, Section 3.
d5. Expiration.
(1)a: General. Upon approval of a site plan by the City Commission,the applicant shall have eighteen(18)months
to secure a building permit from the Development Department.
b. Sustainable Development. If approved as a sustainable development,the applicant for a sustainable project shall
be required to secure a building permit in the time period in accordance with Table 2 2:
(1) Table 2 2.
2
Number.,f
STrmvC'[�r
71..,.,11;,... 7....f s Time-Period
z-ime Period
40,000 s.f. < 80 du 3 years
10,000 s.4 80 du 5 years
In addition,the applicant shall be required to submit an annual progress report to the Director of Planning and Zoning
indicating the status of the project and any updates demonstrating its completion. The city reserves the right to revoke the
accordance with Section 2.F.6.below.
(2)-e Null and Void. All previous approvals shall be null and void if the applicant is unable to secure a building
permit within the above timeframes. For the purposes of this section,minor permits issued by the Departments of
Development or Public Works(e.g.clearing and grubbing;walls and fences;docks,land development;utilities; etc.)shall
not constitute the type of permit necessary to extend the life of a development order for site plan review purposes.
e.67 Time Extension.
(1)a: General. An applicant may request to extend the approval of a site plan for an additional time period,not to
exceed eighteen(18)months,provided that such request for extension is filed prior to the date of the expiration of the
original eighteen(18)-month period. For the purposes of the subsection,a"site plan" shall be construed to include either a
new site plan or a major site plan modification. There is no limit to the number of extensions that may be requested.
(2)b Submittal Requirements. See Section 1.D.above for the submittal requirements of this application.
(3)e- Review Criteria. The site plan time extension shall comply with the requirements of the respective zoning
district regulations of Chapter 3,Article III and site development standards described in Chapter 4. In addition,the
following information shall be used to justify an application for site plan time extension:
A.(1-) Are there any recently adopted amendments to the Comprehensive Plan,redevelopment plans,or Land
Development Regulations that would cause the approved site plan in its current configuration to become
noncompliant?
B.(2} In determining good faith,some factors to be considered are the following: 1)the extent to which a land
development permit(if applicable)has been applied for by the applicant and/or approved by the Engineering
Division; 2)when construction approved by such land development permit has occurred(construction which is
commenced immediately preceding expiration generally indicating a lack of good faith); 3)the extent to which
there has been a bona fide continuous effort to develop but because of circumstances beyond the control of the
applicant,it was not possible to meet the time limitation;and 4)the applicant has applied for or secured any
building permits,or other types of permits from external agencies,including anticipated dates for the issuance of
the aforementioned permits?
C.(33 Has the applicant paid any impact fees,including utilities or art in public places?
D.(4) Does the site plan comply with the concurrency requirements and of Palm Beach County and the city's
Land Development Regulations?
E.(33 Other pertinent information can the applicant provide that would justify the request for site plan time
extension?
(4)d Approval Process. An application for site plan time extension requires review by the City Commission and
shall be processed in accordance with Chapter 2,Article I, Section 3.
(5)e: Expiration. Upon approval of site plan time extension by the City Commission,the applicant shall have the
time approved by the City Commission to secure a building permit from the Development Department. All previous
approvals shall become null and void if the applicant is unable to secure a building permit within the above timeframe.
3
(6) Extension. The applicant may file a subsequent request for site plan time extension beyond that of the original
extension;however,each subsequent request for site plan time extension shall be valid for a time period not to exceed one
(1)year. Each subsequent request for site plan time extension shall be filed prior to the expiration date of the preceding
site plan time extension period.
(7)g. Miscellaneous. The original conditions of approval of the site plan are still applicable and must be addressed,
unless otherwise approved by the City Commission. In granting such extensions the City Commission may require
modification to or impose additional conditions of approval to the site plan.
3. Minor Site Plan
a. Submittal Requirements. See Section 1.D.above for the submittal requirements of this application.
b. Review Criteria. The site plan shall comply with the following: 1)requirements of the respective zoning district
regulations of Chapter 3,Article III and 2) Site Development Standards described in Chapter 4,Article XII. See Section
2.D.6.c. for additional regulations regarding the requirement that the site plan be consistent with the master plan when
rezoning lands to a planned zoning district.
c.Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate
administrative official.
d. . Expiration.
(1) General. Applicant shall have eighteen(18)months to secure a building permit from the Development
Department.
(2)Null and Void. All previous approvals shall be null and void if the applicant is unable to secure a building
permit within the above timeframes. For the purposes of this section,minor permits issued by the Departments of
Development or Public Works(e.g.clearing and grubbing;walls and fences; docks,land development;utilities;
etc.)shall not constitute the type of permit necessary to extend the life of a development order for site plan review
purposes.
e. Time Extension
(1) General. An applicant may request to extend the approval of a site plan for an additional time period,not to
exceed eighteen(18)months,provided that such request for extension is filed prior to the date of the expiration of the
original eighteen(18)-month period. For the purposes of the subsection,a"site plan" shall be construed to mean a minor
site plan. There is no limit to the number of extensions that may be requested.
(2) Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
(3) Review Criteria. The site plan time extension shall comply with the requirements of the respective zoning
district regulations of Chapter 3,Article III and site development standards described in Chapter 4. In addition,the
following information shall be used to justify an application for site plan time extension:
A. Are there any recently adopted amendments to the Comprehensive Plan,redevelopment plans,or Land
Development Regulations that would cause the approved site plan in its current configuration to become
noncompliant?
B. In determining good faith,some factors to be considered are the following: 1)the extent to which a land
development permit(if applicable)has been applied for by the applicant and/or approved by the Engineering
Division; 2)when construction approved by such land development permit has occurred(construction which is
commenced immediately preceding expiration generally indicating a lack of good faith); 3)the extent to which
there has been a bona fide continuous effort to develop but because of circumstances beyond the control of the
applicant,it was not possible to meet the time limitation; and 4)the applicant has applied for or secured any
building permits,or other types of permits from external agencies,including anticipated dates for the issuance of
the aforementioned permits?
4
C. Has the applicant paid any impact fees,including utilities or art in public places?
D. Does the site plan comply with the concurrency requirements and of Palm Beach County and the city's Land
Development Regulations?
E. Other pertinent information can the applicant provide that would justify the request for site plan time
extension?
(4) Approval Process. An application for site plan time extension requires review by the Planning&Zoning
Administrator.
(5) Expiration. Upon approval of site plan time extension the applicant shall have the time approved by the
Planning&Zoning Administrator to secure a building permit from the Development Department. All previous approvals
shall become null and void if the applicant is unable to secure a building permit within the above timeframe.
(6) Extension. The applicant may file a subsequent request for site plan time extension beyond that of the original
extension;however,each subsequent request for site plan time extension shall be valid for a time period not to exceed one
(1)year. Each subsequent request for site plan time extension shall be filed prior to the expiration date of the preceding
site plan time extension period.
(7) Miscellaneous. The original conditions of approval of the site plan are still applicable and must be addressed,
unless otherwise approved by the Planning&Zoning Administrator. In granting such extensions staff may require
modifications to or impose additional conditions of approval to the site plan.
5
44. Modification to Site Plan.
a. General. An applicant may request to modify an approved site plan. Changes to site plans are either"minor" or
"major"based on criteria within this section. The applicant shall schedule a pre-application conference with staff and
•- ... - . . . . . . . : to facilitate a preliminary review of the
Site Plan. Site Plan Modifications shall be . -- . . •• . . --- ._- - •- .- . ... .
cite plan modification is considered"major" if any of the following apply:
(1) The modification increases the buildable square footage of the development by more than 15,000 square feet
or twenty five percent(20 %),whichever is greater;the threshold increases to twenty-fiveten percent(254-9%)if
the project is certified by a third-party green certification process. -:• ': . . . .. - . .. .
meets the intent of the city's green building initiatives.
(2) The modification reduces the provided number of parking spaces below the required number of
parking spaces.
(23) The modification causes the development to be below the development standard for the zoning district in
which it is located or any other applicable standard in the Land Development Regulations.
( 4) The modification has an adverse effect on adjacent or nearby property or reduces required physical buffers,
such as fences,trees,or hedges.
(45) The modification adversely affects the elevation design of the structure or reduces the overall design of the
structure below the standards stated in the community design plan.
(556) The modified development does not meets the concurrency requirements of the Boynton Beach
Comprehensive Plan.
(t.-7) The modification alters the project so that the modified site plan does not reasonably resemble the
approved site plan.
(7g) The modification affects or does not comply with a condition of approval of the development order.
(P) The modification is-proposes to a city-owned or operated facility and-causes a significant de minimus
impact to abutting and adjacent properties,
6
b. Major Modification.
(1) Submittal Requirements. See Section 1.D.above for the submittal requirements of this application.
(2) Review Criteria. The proposed major site plan modification shall comply with the requirements of the
respective zoning district regulations of Chapter 3,Article III and site development standards described in Chapter 4.
(3) Approval Process. An application for major site plan modification requires review by the City Commission
and shall be processed in accordance with Chapter 2,Article I, Section 3.
(4) Expiration. Upon approval of a major site plan modification by the City Commission,the applicant shall
have eighteen(18)months to secure a building permit from the Development Department. All previous approvals shall be
null and void if applicant is unable to secure a building permit within the above timeframe.
For the purposes of this section,minor permits issued by the Departments of Development or Public Works(e.g.
clearing and grubbing;walls and fences; docks,land development;utilities;etc.)shall not constitute the type of permit
necessary to extend the life of a development order for a major site plan modification.
(5) Extension. An applicant may request to extend the approval of a major site plan modification for a time
period not to exceed eighteen(18)months,provided that such request for extension is filed prior to the date of the
expiration of the original eighteen(18)-month period. The request shall be processed in accordance with Section 2.F.6.
above.
(6) Miscellaneous. At the time the City Commission approves a request for a major site plan modification,any
previously approved site plan,including any conditions for approval,shall be null and void. All future development shall
be consistent with the master site plan,as modified and approved by the City Commission,including all corresponding
conditions of approval.
c. Minor Modification.
(1) Submittal Requirements. The applicant shall submit a letter explaining the modification(s)along with the
affected plans and exhibits(in the number of copies specified by the Division). The applicant shall also provide consent
from the property owner to file an application for the minor site plan modification.
(2) Review Criteria. The proposed minor site plan modification shall comply with the requirements of the
respective zoning district regulations of Chapter 3,Article III and site development standards described in Chapter 4.
(3) Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate
administrative official. Upon approval of a minor site plan modification,all future development shall be consistent with
the site plan,as modified,including all previously approved conditions of approval associated with the site plan.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-007 Site Plan Process\SitePlanMods.docx
7