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 <
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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
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