21-022 1
2 ORDINANCE NO. 21-022
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
6 FLORIDA AMENDING THE LAND DEVELOPMENT
7 REGULATIONS CHAPTER 3, ARTICLE IV, ZONING,
8 SECTION 3.D. TABLE 3-28, FOOT NOTE #103 REGARDING
9 LANDSCAPE DEBRIS STOCKPILING USE, TO ADD A
10 MINIMUM DISTANCE SEPARATION STANDARD AND
11 AMEND CERTAIN EXISTING OPERATIONAL
12 REQUIREMENTS AND STANDARDS TO AVOID HAZARDS,
13 NUISANCES, AND OTHER IMPACTS ON RESIDENTIAL
14 LAND USES;PROVIDING FOR CONFLICTS,SEVERABILITY,
15 CODIFICATION AND AN EFFECTIVE DATE.
16
17
18 WHEREAS, the City's Zoning Regulations were amended in August of 2015 to
19 incorporate a new use at that time along with corresponding provisions and operational
20 standards which was prompted by a local landscape contractor and justified by environmental
21 benefits including, in part, the energy-conserving reuse of landscaping debris and reduction
22 in material potentially destined for a landfill; and
23 WHEREAS, the proposed regulations are intended to minimize land use
24 incompatibilities and include a tailored revocation provision that would shorten the time
25 period that a non-compliant business may operate,and reduce the impact on city services;and
26 WHEREAS,the City Commission of the City of Boynton Beach has considered the
27 recommendations and has determined that it is in the best interest of the citizens and residents
28 of the City of Boynton Beach, Florida to approve the amendments to the Land Development
29 Regulations as contained herein.
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
32 Section 1. The foregoing whereas clauses are true and correct and are now ratified
33 and confirmed by the City Commission.
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Landscape Debris Stockpiling) -Ordinance.Docx
34 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3,
35 "Zoning",Article IV, Section 3.D. Table 3-28/Footnote#103 is hereby amended as follows:
36 Land Development Regulations Ch.3,Art. IV, Sect 3.D Table 3-28/Footnote#103
37
38 103.Landscape Debris Stockpiling. The commercial stockpiling of landscaping debris is
39 allowed as aconditional use in the M-1 zoning district on properties that are located a minimum
40 of 200 feet from a Residential,Commercial or Mixed Use Zoning District as defined within
41 Chapter 1,Article II of the LandDevelopment Regulations,and subject to the following
42 additional requirementsconditio s:
43 a. Prior to commencing the operation of a landscaping debris storage site,a property
44 owner mustfirst obtain a Business Tax Receipt and Certificate of Use from the city.
45 b. A site plan notated to show operational components of the storage facility(i.e.access,
46 storage area,setback,etc)and represent compliance with the requirements herein,shall be
47 submitted as part ofthe conditional use review.
48 c. No stockpiling of landscaping debris shall be permitted on properties of less than 0.5 acres.
49 d. Provide Aa minimum 295-foot wide stabilized all weather access road around the
50 perimeter of thestockpile.
51 e. All stored landscaping debris shall be setback at least 40 feet fom any residential
52 prepefty-liffreend-25 feet from all property lines, or a greater distance as determined necessary
53 during the review forconditional use approval.
54 f. Any related site preparation or actual storage of debris shall not cause an increase in off-
55 site A411 storm water drainage . .- • . •• • • . . .. .. •. _ •- .,, . - ..•.
56 asconfirmed appreved-by the City Engineer or his or her designees during the
57 review for conditional use approval,or as necessary from time-to-time following
58 commencement of the storage activity.
59 g. No chipping of stockpiled debris is permitted on the site.
60 h. The perimeter of a storage site shall be screened with a wall or fence that obstructs the
61 view of the storage area from adjacent properties, : _-. •- - .- . • . .. . _- .
62 diet - - •: : _ .. .. . _..- - - - __ •- •• - • . -• _. . ...
63 . . _ , - _ _.. _ _ _ .. _• • _ . .The amount of
64 landscaping required in combination with the wall or fence shall be determined during the review
65 for conditional use approval. Thescreening material used shall be constructed and/or maintained at
66 a minimum of 6 feet.
67 i. The hours of operation shall be limited to 8:00 a.m.to 6:00 p.m.,Monday through
68 Friday,and Saturday,from 8:00 a.m.to 2:00 p.m.,or as established during the conditional use
69 approval process.
70 j. Access to operations shall be only from a public right-of-way. In no case, shall a delivery
71 or removal of the stored landscaping debris utilize a private road or alley serving residential uses
72 for access.
73 k. The delivery,removal and storage shall utilize dust control measures.
74 1. Debris piles shall nolt be placed on surfaces intended or designed for open space,or for
75 parking orvehicle circulation.
2
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Landscape Debris Stockpiling) -Ordinance.Docx
76 m.Because of the possible attraction of vermin to stored and decomposing material,operator
77 shall have an extermination plan overseen by a commercial exterminator.Measures used to
78 prevent such presence of vermin shall be documented and such documentation shall be made
79 available to city staffupon request.
80 m.n Storage areas shall include fire protection monitoring,alert and suppression
81 systems asapproved by the City Fire Marshal. The following are minimum requirements
82 whishthat must be demonstrated to obtain Fire Marshal approval:
83 1) No pile shall be higher than 10 feet,with height being determined/maintained with the
84 placement of four(4), 10 foot tall,4 x 4 posts evenly spaced around the pile for use as reference
85 points.During any declared drought the height shall be limited to six feet.
86 2) All piles shall be covered with a"breathable blanket"or site provided with a
87 sprinkler systemapproved by the City Fire Marshal.
88 3) All piles shall be secured behind a fence or other approved barrier that will be locked at
89 all timeswhen not in use.
90 4) -: • - • - -• - .•- - • :-• - t::. : •: :
91 live-there :.-: • - •:._: : .. . .• . ., . ..•-•.
92 .• .•- - .
93 54) A working garden hose shall be at the ready at all times to put out small spot fires.
94 65)Each pile shall be turned/churned n a daily basis,a minimum of
95 onceper day. A log shall be maintained and made available to the Fire Marshall or his/her
96 designee upon request that records dates and frequency of pile maintenance actions required by
97 this standard. -se . - . • - - - . .•- -, -_ - ' - -. _ ' -_. . .' . . _ . . -
98 request.
99 o. .Review for revocation of Business Tax Certificate. Repeat violations in accordance with this
100 section shall result in a review by the City Commission for revocation of business approval.
101 If 3 or more violations of any of the requirements of this footnote occur during 2 consecutive
102 months, staff shall notify the business operator and property owner that a 30-day
103 probationary period has commenced,including an explanation of the probationary period. If
104 any violations of these requirements occur during the probationary period,then staff will
105 forward a report to the City Commission summarizing the violations.The City Commission
106 shall have the options of ending the probationary time-period,extending the 30-day
107 probationary period,or directing staff to revoke the business approval simultaneously
108 establishing the time allowed for the operator to decease business operations on thesubject
109 property.If the probationary period is ended,then staff will continue monitoring and
110 reportingrepeat violations to the Commission in accordance with this section. If the
111 Probationary period is extended,staff will monitor the operation for continued violations
112 during the extended period and report the violations to the City Commission at the next
113 available Commission meeting.The propertyowner shall be directly notified each time that
114 staff forwards the item to the Commission.
115
116 Section 3. Each and every other provision of the Land Development Regulations
117 not herein specifically amended, shall remain in full force and effect as originally adopted.
118 Section 4. All laws and ordinances applying to the City of Boynton Beach in
119 conflict with any provisions of this ordinance are hereby repealed.
3
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Landscape Debris Stockpiling) -Ordinance Dock
120 Section 5. Should any section or provision of this Ordinance or any portion
121 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
122 affect the remainder of this Ordinance.
123 Section 6. Authority is hereby given to codify this Ordinance.
124 Section 7. This Ordinance shall become effective immediately.
125 FIRST READING this 15th day of June,2021.
126 SECOND, FINAL READING AND PASSAGE this OIL day of ,2021.
127 CITY OF BOYNTON BEACH, FLORIDA
128 YES NO
129
130 Mayor—Steven B. Grant
131
132 Vice Mayor—Woodrow L. Hay
133
134 Commissioner—Justin Katz ✓
135
136 Commissioner—Christina L. Romelus 4.7
137
138 Commissioner—Ty Penserga
139
140 VOTE S7-0
141
142 ATTEST:
143
144 t_
145
146 C stal Gibson, MMC
147 City Clerk
148
149
150 (Corporate Seal)
4
S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Landscape Debris Stockpiling) -Ordinance.Docx