22-022 1
2 ORDINANCE NO. 22-022
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
6 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 2 LAND
7 DEVELOPMENT PROCESS, ARTICLE II PLANNING AND ZONING
8 DIVISION SERVICES, SECTION 1.F TO ALLOW FOR AN EXPIRATION OF
9 ABANDONED APPLICATIONS AND SECTION 7.G TO ESTABLISH A
10 PROCESS FOR ZONING INTERPRETATIONS AND; CHAPTER 3. ZONING,
11 ARTICLE II GENERAL PROVISIONS SECTION 11 TO CREATE AN
12 EXEMPTION FOR CITY-OWNED TELECOMMUNICATION TOWERS USED
13 FOR ESSENTIAL SERVICES AND; ARTICLE III. ZONING DISTRICTS AND
14 OVERLAY ZONES, SECTION 2.B REVISING THE PARAMETERS FOR
15 PERMITTED ADMINISTRATIVE ADJUSTMENTS; ARTICLE IV. USE
16 REGULATIONS, SECTION D, FOOTNOTE 23 TO REVISE THE
17 REGULATIONS FOR INDUSTRIAL USES ON ARTERIAL AND COLLECTOR
18 ROADWAYS; CHAPTER 4. SITE DEVELOPMENT STANDARDS, ARTICLE V.
19 MINIMUM OFF-STREET PARKING REQUIREMENTS, SECTION 3.G TO
20 INCLUDE A SUSTAINABLE PARKING RATIO FOR SELECT INDUSTRIAL
21 USES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
22 AN EFFECTIVE DATE.
23
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25 WHEREAS, Staff is proposing a series of various modifications to the City's Land
26 Development Regulations. The amendments largely focus on clarifying the intent of the
27 existing regulations; and
28 WHEREAS, the City Commission of the City of Boynton Beach has considered the
29 recommendations and has determined that it is in the best interest of the citizens and
30 residents of the City of Boynton Beach, Florida to approve the amendments to the Land
31 Development Regulations as contained herein.
32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
33 OF BOYNTON BEACH, FLORIDA, THAT:
34 Section 1. The foregoing whereas clauses are true and correct and are now ratified
35 and confirmed by the City Commission.
36 Section 2. City of Boynton Beach Land Development Regulations,Chapter 2, Land
37 Development Process, Article II Planning and Zoning Division Services, Section 1.F to allow
38 for an expiration of abandoned applications and Section 7.G to establish a process for Zoning
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39 Interpretations are hereby amended as follows:
40 CHAPTER 2. LAND DEVELOPMENT PROCESS
41 ...
42 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
43 ...
44 Sec. 1. General.
45 ...
46 E. Completeness. If the application is not complete, it shall not be subject to further review
47 until all identified deficiencies have been remedied. The Director of Planning and Zoning or
48 designee may rule that certain items are not required for the review to commence. A
49 determination of completeness shall not constitute a determination of compliance with the
50 substantive requirements of the Comprehensive Plan, the Land Development Regulations,
51 or any other applicable codes.
52 F. Abandonment. Applications which have no activity for a time greater than six months
53 will be considered abandoned and the application will be closed.
54 G-P. Fees. Fees shall be paid at the time each type of land development application is
55 submitted, according to the fee schedule approved by the City Commission.
56 ...
57 Sec. 7. Other Applications.
58 ...
59 G. Zoning Verification.
60 1. General. The purpose and intent of this subsection is to set forth a uniform
61 procedure for the processing of formal requests from the public for written information from
62 the city on zoning and land development regulations (i.e. zoning verification) or other data
63 associated with real property or the applicable process for development or redevelopment
64 thereof.
65 2. Submittal Requirements. The request shall be represented by a letter describing the
66 desired information and must include any applicable details on the subject property, such
67 as a legal description, site address, property owner, and the like.
68 3. Issuance of Zoning Verification Letter. Staff shall review each request and provide a
69 written response.
70 H. Interpretation by Planning & Zoning Director.
71 1. General. The purpose and intent of this subsection is to set forth a uniform
72 procedure for the processing of formal requests for Land Development Regulation
73 interpretations.
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74 2. Submittal Requirements. The request shall be represented by a letter describing the
75 desired information, the code section for which interpretation is requested, and must include
76 any applicable details.
77 3. Issuance of Interpretation by Planning &Zoning Director. Staff shall review each
78 request and provide a written response.
79 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3.
80 Zoning, Article II General Provisions Section 11 to create an exemption for City-owned
81 telecommunication towers used for essential services is hereby amended as follows:
82 CHAPTER 3. ZONING
83 ...
84 ARTICLE II. GENERAL PROVISIONS
85 ...
86 Sec. 11. Municipal Operations and Emergency Facilities, Essential Services and Support
87 Infrastructure.
88 Municipal projects, including emergency facilities, essential services, and related
89 infrastructure, shall be exempt from certain development and site standards, which are
90 limited to minimum lot area, minimum lot frontage, maximum lot coverage, maximum floor-
91 area-ratio (FAR) and building setbacks. City-owned telecommunication towers used for
92 essential services are exempt from the maximum height regulations, but may only be
93 constructed to a height required to achieve the necessary services. The purpose of this
94 exemption is to provide for the necessary flexibility in siting, replacing and maintaining
95 essential public services and infrastructure, and to ensure an expeditious process when
96 necessary. Exempt projects shall be reviewed through the site plan review process for
97 compliance with all other development standards, including the intent of the Land
98 Development Regulations. The review of all municipal projects should ensure that such
99 improvements farther the city's vision and initiatives with respect to sustainability, capital
100 improvements planning, comprehensive planning and redevelopment planning. Eligibility
101 also 1 requires the subject project to be the principal use, and on city-owned property.
102 Municipal facilities, essential services and infrastructure are defined within the Land
103 Development Regulations, Chapter 1, Article II, Definitions.
104 Section 4. City of Boynton Beach Land Development Regulations, Chapter 3.
105 Zoning, Article III.Zoning Districts and Overlay Zones, Section 2.B revising the parameters for
106 permitted Administrative Adjustments is hereby amended as follows:
107 CHAPTER 3. ZONING
108 ...
109 ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES
110 ...
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111 Sec. 2. Residential Districts.
112 ...
113 B. R-1-AA Single-family Residential District.
114
115 4. Administrative Adjustments.
116 a. For lots platted prior to August 19, 2008, the following administrative adjustments
117 to the minimum yard setbacks for first floor addition to existing residential structures may be
118 allowed:
119 Front and side yard: 20% reduction*
120 * - - - e -e-- - - e• e •e.e e e e - e e• - . • - . .•- , • - . e
121 prior to August 19, 2008.
122 Rear yard: 25% reduction
123 These setback reduction provisions shall not supersede any setbacks that are recorded
124 on a plat.
125 b. An administrative adjustment may be granted if any first floor addition follows the
126 building line of a legally nonconforming single-family structure, or a building line previously
127 approved by a variance.
128 c. See Chapter 2, Article II, Section 4.A. for the administrative adjustment process.
129 5. Accessory Structures. Walls, fences, pools, sheds, screen-roof enclosures, and
130 other structures are regulated in accordance with Chapter 3, Article V, Supplemental
131 Regulations.
132
133
134 Section 5. City of Boynton Beach Land Development Regulations, Chapter 3.
135 Zoning, Article IV, Use Regulations, Section D, Footnote 23 to revise the regulations for
136 industrial uses on arterial and collector roadways is hereby amended as follows:
137 CHAPTER 3. ZONING
138 ...
139 ARTICLE IV. USE REGULATIONS
140 ...
141 Sec. 3. Use Regulations.
142 ...
143 D. Use Matrix (Table 3-28).
144 ...
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145 22. General Note. This non-industrial use is allowed within the M-1 district, provided that it
146 1) is located within a multiple-tenant development on a lot that fronts on an arterial
147 roadway; 2) does not exceed five thousand (5,000) square feet; 3) excludes a drive-up,
148 drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of
149 Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory
150 to the sale of new merchandise.
151 23. General Note. This use is only allowed on an arterial or collector roadway within
152 the M-1 district provided that the building containing the use does not have frontage on or is
153 in view of Congress Avenue or if the use contains anthat it has accessory commercial
,154 component to the operation which . This establishment will be required to meets the
155 following criteria:
156 a. Location. The accessory commercial component shall be located within a building
157 situated on a lot that fronts on an arterial or collector roadway; and
158 b. Interior. An indoor showroom of at least two hundred fifty (250) square feet for
159 retail sales shall be required for establishments twenty-five thousand (25,000) square feet
160 or less. An indoor showroom area of at least one percent (1%) of the gross floor area shall
161 be required for establishments greater than twenty-five thousand (25,000) square feet.
162 24. General Note. This non-industrial use is allowed within the PID district provided it
163 is located on a lot that has a Commercial (C) land use option.
164
165
166 Section 6. City of Boynton Beach Land Development Regulations, Chapter 4. Site
167 Development Standards, Article V. Minimum Off-Street Parking Requirements, Section 3.G to
168 include a sustainable parking ratio for select industrial uses is hereby amended as follows:
169 CHAPTER 4. SITE DEVELOPMENT STANDARDS
170 ...
171 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS
172 ...
173 Sec. 3. Special Reductions in Required Off-Street Parking
174 ...
175 G. Parking Reductions for Sustainability. To promote or recognize sustainable design or
176 operation, including increased pervious area, reduced parking fields, promotion of mass
177 transit and uses of renewable energy sources, lower parking requirements will be granted
178 to eligible developments as follows:
Use Minimum Number of Required Parking Spaces '
Building area is based on gross floor area unless specifically expressed otherwise.
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Efficiency or one (1)-bedroom apartment 1.33
Two (2) or more bedroom apartment 1.66
Shopping center 1 per 250
Office- Retail complex 1 per 250
Grocery store 1 per 250
Industrial Uses: (Reserved) 1 per 1000(Reserved}
- Packing & shipping, trucking, and
moving
-Warehouse, Wholesale, Distribution
(Single-tenant building)
-Warehouse, Internet sales
179 ' Only represents the base minimum parking rations. Other requirements may also apply
180 including parking for guests and recreation area as describe in other sections of the Land
181 Development Regulations.
182
183
184 Section 7. Each and every other provision of the Land Development Regulations
185 not herein specifically amended, shall remain in full force and effect as originally adopted.
186 Section 8. All laws and ordinances applying to the City of Boynton Beach in
187 conflict with any provisions of this ordinance are hereby repealed.
188 Section 9. Should any section or provision of this Ordinance or any portion
189 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
190 affect the remainder of this Ordinance.
191 Section 10. Authority is hereby given to codify this Ordinance.
192 Section 11. This Ordinance shall become effective immediately.
193 FIRST READING this 18th day of October, 2022.
194
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195 SECOND, FINAL READING AND PASSAGE this day of November, 2022.
196 CITY OF BOYNTON BEACH, FLORIDA
197
198 YES NO
199
200 Mayor-Ty Penserga -f' /ti'
201 V
202 Vice Mayor-Angela Cruz
203
kV-
204
204 Commissioner-Woodrow L. Hay
205
206 Commissioner-Thomas Turkin
207
208 Commissioner-Aimee Kelley
209 Lt-0//��1
210 VOTE /-V
211
212
213
214 ATTE:T:
215
216 A L l! �°
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217 Mayle: De sus, MPA MC Ty Penserga
218 City Clerk „` Mayor
219 --0,-04 WON `,
220 %tt ••QORAT• `!', APP' i ! A O F 6'"M:
221 (Corporate Seal) f ti ;�'�'� /
222 i : ►7 i
223 if,
�, .tiC192o 1 Michael D. Cirullo,Jr.
224 , % City Attorney
225 FLORCII "
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