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CORRESPONDENCE CORRESPONDENCE/ (LETTERS) From the office of Planning & ZonIng CITY OF BOYNTO,\J BE/\CH FACSI~/lILE Or'/ ~a!l If', eSL Wing ~ CO ~ Bc'/rtcr. Beach Blve PO 3ox310 C3cynton Beach C cnda 33425 (361) 742-6260 (561) 7 ~2-6259 Fa < TO -::DE/VIVI<;' ~EHLEK:. fll(/~~' SlPI- t'P0''I-13lD LUYA 6A~~ f~NW~ ~A~~ /01 ~ I'/^L NUi'lfBER OF PAGES (Indue ig v cO'ler FAX ~ I) 08i- 9'510 FROM DATE s- RE Cl S- ~ A-f' (tC-cJ!IA: L- QOA,vlu..vt I A-1e.1C. If you receive this fax in error, or expenence trouble with transmission, please notify our office Immediately at (561) 742-6260 Thank you {!h J Se<- 1-!; fJD 4 Includes a program for full provisIOn, maintenance, and operation of such areas, improvements, facilities and services for common use by the occupants of the PID, but will not be prOVIded, operated or maintained at public expense C MINIMUM LAND AREA FOR PID The minImum land area for a planned industrial development shall be twenty-five (25) contiguous acres D UNIFIED CONTROL All land included for purpose of development within district shall be under the control of the applicant (an indivIdual, partnership, or corporation or group of individuals, partnershIps, or corporations) The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area withIn the proposed PID The applIcant shall agree to 1 Proceed with the proposed development accordIng to the provisions of these zomng regulations and conditions attached to the zoning of the land to PID, 2 Provide agreements, contracts, deed restnctlons, and suretIes acceptable to the city for completlon of the development according to the plans approved at the time of zoning to PID and for continuing operations and maintenance of such areas, functIOns, and facilities as are not to be prOVIded, operated, or maintained at public expense, and 3 Bind their successors in title to any commitments made under subsection D 1 and 2 above All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to PID classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulatIons ~ E USES PERMITTED In the PID a bUilding and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale or retail), ~u~~tional institution, adult entertairunent in accordance with Section 11 M recreational and attractions as defined for the Industrial land use 2000 S-12 Zoning 37 claSSIficatIon, multI-family resldentlal, and mixed use residential/commercial uses in PID's totaling a minImum of 500 acres or industrial use provided that such use or uses is/are approved by the planning and development board In approving uses in the PID, the planning and development board shall make findIngs that the use or uses proposed will not be in conflict with the performance standards listed in Section 4 N of these zoning regulations, and that the use or uses proposed is/are consistent with the intent and purpose of this section. For the purpose of this sectlon, educational institution shall mean a public, quasi-public or private facility that offers instruction to students for one (1) or more of the following needs preschool programming tutoring, kIndergarten, elementary and secondary grades schooling higher learning for the purpose of grantIng degrees in a partIcular field and occupatIOnal or industrial, technical training In addition, uses permitted are subject to limitatIOns as follows 1 Outdoor storage of materials may be permitted based on a finding of the planmng and development board that such storage does not exceed fifteen (15) per cent of the total square footage of the building site and that such storage is screened and fenced to preclude exposure to the public, and 2 All uses proposed which are listed in Section 8 A.3 shall require the issuance of an envirorunental review permit as set forth in Section 11 3 of these zomng regulations Furthermore the planning and development board may require that any other use obtain an envirorunental review permit, pnor to being established in a partIcular PID Any use approved by the plannIng and development board for a particular PID whIch uses, handles, stores, or displays hazardous materials, or which generates hazardous waste as defined by 40 Code of Federal Regulations Part 261 shall also require an envirorunental reVIew permit in accordance with Section 11 3 of these zOnIng regulations F USES PROHIBITED 1 Residential uses WIth the exception of accessory hotels or motels Multi-family and mixed use residential/commercIal uses are allowed in PID's with gross acreage totaling at least 500 acres (b) Gropu B satellite dish antennae shall be freestanding, ground mounted, and self supporting without structural connections to any other structure or building (c) No part of any satellite dish antenna installation may extend beyond the height of the horizontal eave line of the uppennost floor of any single-family or duplex home (2) Satellite dish antennae installed to serve any use other than single-family or duplex homes must also comply with the following requirements (a) Chapter 4 of the Land Development Regulations (b) Only one (1) Group B satellite dish antenna may be located in a multifamily complex and it may not be located on a roof Nothing in this provision shall be construed to alter or impair any rights, authority, or restrictions imposed by deed or under the rightful authority of any homeowners' association (c) A Group B satellite dish antenna installed in commercial and industrial zoning districts may not be located on a roof so that the dish is visible from a public right-of-way or residential district, except as stipulated in 1 a.(4) hereinbefore (d) Group B satellite dish antennae which are mounted on a tower and used for communication in connection with the operation of a business shall provide reasonable screening and shall be subject to conditional use approval (3) Satellite dish antennae properly permitted prior to April 4, 1995 may remain in place notwithstanding provisions stipulated herein but they may not be replaced, reconstructed or modified without bringing the entire installation into full compliance with this section. J;:;-~ N PERFORMANCE STANDARDS All uses located within the city shall confonn to the perfonnance standards set forth below, and shall be constructed, maintained and operated so as not to be 1997 S-5 Zoning 7 a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or rights-of-way, or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, glare, heat or humidity, radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or solid waste accumulation. Furthennore, no use shall be carried out so as to create any nuisance or hazard which is violation of any applicable federal, state, county, or city law or permit, and all such laws and permits are hereby adopted as perfonnance standards in these zoning regulations 1 Noise. No use shall be carried out in any zoning district so as to create sound which is in violation of Section 15-8 of the City of Boynton Beach Code of Ordinances 2 Vibrations No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. 3 Smoke, dust, dirt, or other particulate matter No use shall be carried out within any zoning district so as to allow the emission of smoke, dust, dirt or other particular matter which may cause damage to property or vegetation, discomfort or hann to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use is located Furthennore, no use shall be carried out so as to allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances 4 Odors and fumes No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts For all nonindustrial districts, the standards contained in this paragraph shall apply where the 8 Boynton Beach Code district abuts any residential district 5 Toxic or noxious matter No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or hann to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located, or to contaminate any public waters or any groundwater 6 Fire and explosion hazards No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any persons or property thereon. Furthennore, the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the CIty of Boynton Beach Code of Ordinances 7 Heat, humidity, or glare No use shall be carried out in any zoning dIstrict so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property on WhICh the use is located Artificial lighting which IS used to illuminate any property or use shall be directed away from any residential use which is a confonning use according to these zoning regulations, so as not to create a nuisance to such residential uses 8 Liquid waste No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the City of Boynton Beach Code of OrdInances, or any applicable federal, state or county laws or permits 9 Solid waste No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinance, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way 10 Electromagnetic interference No use shall be carried out in any zoning district so as to create electromagnetic radiation which causes abnonnal degradation of performance of any electromagnetic receptor of quality and proper design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthennore, no use shall be carried out in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. :1"''-- 4/f 11 Hazardous materials and hazardous waste a. Prior to the issuance of an occupational license in the city, the operator of any use that uses, handles, stores or displays hazardous materials or that generates hazardous waste, as defined in 40 Code of Federal Regulations, Part 261, and requires a permit for same from a state or federal agency, or requires periodic reporting to a state or federal agency, shall be required to obtain a permit in accordance with Section 11 3, Envirorunental Review Pennits i b The operator of any such use shall be required to design and construct, prior to occupancy, an appropriate separate spill contairunent system to hold spilled hazardous materials for cleanup, independent from the stonn water drainage system, along with an appropriate early warning monitoring program. The contairunent system and monitoring program shall be a type which is generally acceptable to the Florida Department of Envirorunental Regulation and the South Florida Water Management District, and shall serve all structures or areas where hazardous materials are used, handled, stored or displayed, or where hazardous wastes are generated c. Depressed truck wells which are utilized by users of hazardous materials and generators of hazardous waste shall provide a drainage system which shall be designed and maintained to include oil and grease receptors, and open bottom sedimentation pumps as pollutant retardant structures Such systems shall be designed so as to prevent pollutants from entering surface t . .......~ waters and groundwater ParkIng areas and dnveways adjacent to truck wells shall be designed to divert runoff to storage and exfiltratIons systems on- site prior to discharge into surface waters or storm sewers d Users of hazardous materials and generators of hazardous waste shall develop hazardous matenals response plans prior to the operatIon of such uses which shall require the approval of the environmental reVIew committee This plan shall IdentIfy appropriate measures for contamInation response includmg but not lImIted to ( 1) PrOVlSlon of equipment and trained personnel on-site or a contract with a contaminatIon response firm meetIng Flonda Department of Environmental RegulatIOn standards where appropnate, (2) Specification of follow-up water qualIty momtonng programs to be implemented In the event of contamInation, (3) Specification of deSIgn and operational measures to contain and direct contamInated surface runoff away from lakes, ponds, canals, drainage structures and/or other connections to the surficial aqUifer, (4) SpeCIfications for the development and Implementation of an early warning monitoring program, (5) Proof of fInancIal responsibility which will assure that cleanup costs can be prOVIded, (6) A copy of the permit Issued by or application for permit to the governmental agency or agencies responsible for permItting the handling storage dIsplay or generatIon of the partIcular hazardous matenals or hazardous wastes Where only periodIC reports are required to be supplIed to such agenCIes copIes of these reports shall be provided to the envIronmental reVIew commIttee (7) Where the informatIon requIred under (I) through (6) above IS reqUired as 2002 S-I 7 Zoning 9 part of the information requIred for permIttIng by or reporting to governmental agencies responsible for regulatIng hazardous matenals or hazardous wastes this mformation shall be considered sufficient for the purpose of this section o ELECTRIC SUBSTATIONS, SWITCHING STATIONS AND UTILITY FACILITIES Electric substations, SWItchIng stations and utility facilities are allowable in all land use categones and zoning dIstncts subject to full site plan review as described In Chapter 4 and subject to screening on all sides WIth walls or acceptable landscapIng as described m Chapter 9 Section 10, paragraph C4 (Ord No 96-51 ~ 1 1-21-97, Ord No 96-66 ~ I, 1-7-97, Ord No 99-24, ~ 2, 9-7-99, Ord No 01-52, ~ 3 10-4-01) Sec. 5 Residential district regulations and use provisions A R-I-AAA SINGLE-FAMILY RESIDENTIAL DISTRICT These district regulations WIll create the lowest population density of not more than 3 48 dwelling umts per acre 1 Uses permitted Within any R-I-AAA smgle-family reSIdential dIstnct, no buIlding structure, land or water shall be used except for one of the following uses a SIngle-family dwellings Including the garages and other customary accessory buildmgs Carports are not allowed Disaster shelters are permitted The shelters are to be used only for the designated purpose in times of danger b Churches and other places of worship With their attendant accessory uses Including daycare and pre-school facilities*, providIng for a mimmum site of one acre with a mInImUm of one hundred fifty (150) foot frontage Nursery schools pnmary and secondary schools and colleges and umverSItles are not to be construed to be an accessory use to a place of worship by these regulatIons c CIty-owned and -operated facilities d Private golf courses and assOCIated clubhouse faCIlities Including pnvate bath, TRANSMISSION VERIFICATION REPORT TIME 10/31/2002 15 57 NAME FAX TEL SER # BROE2J409484 DATE, TIME FAX NO /NAME DURATION PAGE(S) RESULT MODE 10/31 15 55 96849370 00 02 05 05 OK STANDARD ECM