LEGAL APPROVAL
The City of Boynr..on Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
April 21, 2005
www.boynton-beach.org
Ms. Kim Glas-Castro
Ruden McClosky
222 Lakeview Avenue - Ste. 800
West Palm Beach FL 33401
RE:
For:
File No.:
Location:
Dear Ms. Castro:
Renaissance Commons
Amendment to Land Development Regulations - Live/Work in SMU
(CDRV 05-002)
Renaissance Commons
Enclosed is the City of Boynton Beach Ordinance No. 05-017 for Code Review file
(CDRV 05-017), which represents approval of request for an amendment to the Land
Development Regulations, Chapter 2, Zoning, Section 6.H Suburban Mixed Use (SMU) zoning
district to allow Live/Work units as a permissible use. This amendment request was approved by
the City Commission on March 15, 2005.
Should you have any questions regarding this matter, please contact this office at
(561) 742-6260.
Sincerely,
;l~
Michael W. Rumpf
Director of Planning & Zoning
MWR;jdc
Ene. Ordinance No 05-017.
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ORDINANCE NO. 05- 0 tl
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING CHAPTER 2 ENTITLED
"ZONING," SECTION 6.H ENTITLED "SMU-
SUBURBAN MIXED USE ZONING DISTRICT" OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF BOYNTON BEACH, FLORIDA, PERMITTING
LIVEIWORK UNITS, ESTABLISHING REGULATIONS
GOVERNING LIVEIWORK UNITS, AND PROVIDING
FOR PERMITTED USES IN THE SMU DISTRICT;
PROVIDING FOR CONFLICTS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the proposed revisions to the Suburban Mixed Use zoning district to Part
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III of the City of Boynton Beach Code of Ordinances is an amendment to the Land i
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Development Regulations requested by Town & Country Homes Florida; and
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WHEREAS, the City Commission deems the adoption of this Ordinance to be in the
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best interests of the citizens and residents of the City of Boynton Beach, Florida;
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing whereas clauses are true and correct and are now ratified and
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confirmed by the City Commission.
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Section 2. That Chapter 2 entitled "Zoning," Section 6.H entitled "SMU - Suburban
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Mixed Use Zoning District" is hereby amended as follows:
H.
SMU- SUBURBAN MIXED USE ZONING DISTRICT
3.
Permitted uses. The following table identifies the permitted, restricted..
31 and prohibited uses within the Suburban Mixed Use Zoning District. Uses are classified
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I ;: as permitted "P", Conditional "C", or Not Permitted "N". Uses permitted with
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2 ! restrictions are followed by a numeral that corresponds to a footnote below the table.
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31 Each footnote explains restrictions associated with the use. The Planning and Zoning
4 Director or designee shall have the discretion to approve uses that are not specifically
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6 TABLE 6H-l
7 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY1AND CONDITIONAL
8 USES
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USE GROUP/USE SMU
ZONE
Residential or Lodf!:in)! Use Group
Bed and Breakfast C
Hotel C
Home Occupation P
Mobile Home N
Motel N
Residential, Single Family Detached p
Residential, Single Family Attached p
Residential, Multi-Family P
Temporary Sales Office P
Temporary Model Residences P
LivelW ork Units pI!
Boarding and Rooming House (except where provided by state law) N
Accessorv Unit P
Communitv Facilities Use Group
Government Office/Civic Center/Library P
Recreation (outdoof) C
Museum P
House of Worship pl
Police or Fire-Rescue Station p
Postal Center (retail sales only) p7
Post Office P
Public Park P
Public Parking Lot or Garage P
[REMAINDER OF TABLE UNCHANGED}
Restriction Notes:
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Sublect to comoliance with supplemental regulations in Section 5(b).
5. Mixed Uses.
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Buildings containing residential and non residential
a.
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nonresidential uses are encouraged within the SMU zoning district and
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subject to the same development standards as "all other uses."
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Residential uses within mixed-use structures, with the exception of
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designated live/work units, are encouraged not to be located on the
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ground floor, which shall be reserved for nonresidential uses.
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b.
Nonresidential
within
mixed
uses
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residentiaVnonresidential structures shall be evaluated for their
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compatibility with residential uses located on upper floors, and shall
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demonstrate compatibility based upon use-type, construction materials,
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floor plan and site layout, and other reasonable factors as determined
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appropriate given the type of use.
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c.
Live/Work Units. This subsection provides for the use of
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residential structures to accommodate live/work opportunities.
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Live/work units shall be specifically designated on the site plan. and
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comply with the following standards and requirements. These provisions
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are not applicable to dwellings or occupations that meet the definition of
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Home Occupation in section 11.D of this chapter.
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(1)
Unit Requirements.
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(a)
No more than thirty (30%) percent or four hundred
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(400) square feet. whichever is greater, of the live/work unit shall
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be utilized for working space. Working space shall be located on
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the ground level and shall not utilize garage or living spaces.
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(b)
Each live/work unit shall be a separate unit from
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other uses in the building, The ground floor of all live/work units
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shall meet the Florida Building Code reauirements for mixed
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occupancy buildings. Each unit. including the garage. shall be
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separated by walls from other live/work units or other uses in the
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building.
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(c)
Buildings designated as live/work shall provide
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universal accessibility to the front and to the interior space of the
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nonresidential area of the live-work unit from the public sidewalk
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adj acent to the street.
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(d)
To minimize impacts to the greater neighborhood.
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units planned for live/work uses shall be located at the perimeter
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of the residential proiect or along the project's principal roadway.
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and/or where possible. adiacent to perimeter/external rights-of-
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way.
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(2)
Permitted Uses. Nonresidential uses that are permitted in
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live/work units are generally limited to professional service. business
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service, or tutoring services. A listing of common uses permissible in
live/work units. subject to issuance of occupational license are located in
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subsection 16. below. No work activity shall be permitted that by virtue
of intensity or number of employees has the potential to create impacts
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by reason of traffic. parking issues. hazardous materials. or excess waste.
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(3)
Occupancy and Employees. No more than two (2) on-site
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employees. in addition to the resident{s) of the live/work unit. may
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undertake business activities from said unit. At least one resident of an
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individual live/work unit shall maintain a current occupational license for
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a business located in that unit. Acknowledgement. in the form of an
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affidavit. of the employee limitation shall be made by the unit resident. at
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the time of application for an occupational license. The work area shall
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not be rented separately from the living space.
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(4)
Parking. The City encourages that one (1) parking space
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per two (2) live/work units be provided to meet business activity needs.
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Parking provided to meet this requirement shall be located on the lot.
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built into or under the structure. or within 300 feet of the unit in which
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the use is located. Parking provided to accommodate said space.
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including driveways of adequate depth in front of the unit's garage. shall
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not serve as meeting required parking for the unit's residential use.
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(5)
Signage. One wall plaque shall be permitted per live/work
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unit. not to exceed two (2)
square feet in sign COpy area. 10
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accordance with the applicable sign program.
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(6)
Site Plan Requirement. All respective plan pages shall
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identify all proposed live/work units and buildings. Live/work units shall
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be tallied in the site plan tabular data.
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15.
LivelWork Unit Permissible Uses. The following list identifies
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the permitted uses within designated live/work units. subject to occupational
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license requirements:
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BUSINESS SERVICE
Business service - Addressing service/mailin2: list compiler
Business service - Arbitrator. mediator service
Business service - Cleanine: services. maid. housekeeoing:. ianitorial
Business service - Commercial artistldesim studio
Business service - Commercial photogranhy
Business service - Computer Drolmlmming service
Business service - Computer software development
Business service - Data processing
Business service - Direct mail advertising services
Business service - Editin2:. proofreadinl!. typing service
Business service - Paralei!:al
Business service - Pam supplies. rental/leasing (office only. no stora2:e on
site)
Business service - Private investig:ator
Business service - Recording service
Business service - Secretarial service
Business service - Boat broker (office only)
PERSONAL SERVICE
Personal service - Alteration. dressmaking shop. tailor
PROFESSIONAL SERVICE
Professional service - Abstract and/or title company
Professional service - Accountant/income tax services
Professional service - Adiusters. insurance
Professional service - Advertising office
Professional service - Appraiser
Professional service - Architect
Professional service - Attorney
Professional service - Auctioneer (office only)
Professional service - Author
Professional service - Broker
Professional service - Business analyst
Professional service - Calculating and statistical service
Professional service - Court reporting/stenographers
Professional service - Credit reporting
Professional service - Eni!:ineer's office
Professional service - Importer/exoorter (office only)
Professional service - Insurance al!encvlbond office
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Professional service - Interior decorating
Professional service - Loan company office
Professional service - Market research office
Professional service - Model alZency
Professional service - Notary Public office
Professional service - Public relations office
Professional service - Real estate sales/management office
Professional service - Travel agency
OTHER USES
Tutoring or instruction (Academic. music. art)
Art studio with ancillary sales
Section 3.
Each and every other provision of the Land Development
Regulations not herein specifically amended, shall remain in full force and effect
as originally adopted.
Section 4.
All laws and ordinances applying to the City of Boynton
Beach in conflict with any provisions of this ordinance are hereby repealed.
Section 5.
Should any section or provision of this Ordinance or any
portion thereof be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the remainder of this Ordinance.
Section 6.
This Ordinance shall become effective immediately.
FIRST READING THIS ~ day of Yn~
,2005.
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SECOND, FINAL READING AND PASSAGE this ,5" day of
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23 ATTEST:
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S:fcalOrdlLDR Changes/Live-Work Units in SMU.doc
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,2005.
CITY OF BOYNTON BEACH, FLORIDA
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