08-22-17 PacketCITY O F BOYNTON BEACH
PLANNING AND DEVELOPMENT BOARD
MEETING AGENDA
DAT E: Tuesday, August 22, 2017 TIME: 6:30 PM
PLACE:City Hall Chambers
1.Pledge of Allegiance
2.Roll Call
3.Agenda Approval
4.Approval of Minutes from Planning and Development Board Meeting meeting
4.A.Approve minutes of 07-25-17
5.Communications and Announcements: Report from Staff
6.Old Business
7.New Business
7.A.Approve Flood Prevention Requirements (CDRV 17-005) - Amending the LAND
DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Article VIII Section 1.D,
Appeals, Chapter 2, Article IV, Sections 2 and 4, and Chapter 4, Article X, to update definitions,
Building Division Processes, Standards, and adopt Flood Insurance Rate Maps and Flood
Insurance Study in accordance with the NFIP requirements. City initiated.
7.B.Approve LDR Amendments Group 3/CRA Plan Implementation (CDRV 17-007) – Amending the
LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to continue implementing
Community Redevelopment Plan recommendations with changes in the future land use
classification scheme, and establishment of the new R-4, Multi-family Residential Zoning District
including amendments and additions to definitions, and use and lot standards. City initiated.
7.C.(1) Approve The Villages at East Ocean Avenue - North Future Land Use Map Amendment (LUAR
17-002) from Local Retail Commercial (LRC) to Mixed Use High (MXH). Applicant: Arthur B.
D’Almeida
(2) Approve The Villages at East Ocean Avenue - North Rezoning (LUAR 17-002) from C-2
Neighborhood Commercial and C-3 Community Commercial to MU-C, Mixed Use Core District
with a proposed site plan for 336 multi-family units and 12,257 square feet of commercial space.
Applicant: Arthur B. D’Almeida
7.D.Approve request for abandonment of a portion of rights-of-way (ABAN 17-002 through ABAN 17-
006) consisting mostly of unimproved streets and alleys between NE/SE 3rd Street and the FEC
Railroad, from Boynton Beach Boulevard south to SE 1st Avenue, in conjunction with request for
major site plan modification approval of the Villages at East Ocean mixed use project. Applicant:
Arthur B. D’Almeida.
7.E.Approve The Villages at East Ocean Avenue - North Major Site Plan Modification (MSPM 17-
003) request for a mixed-use development consisting of an eight (8)-story building with 336
dwelling units, commercial space, and associated recreational amenities and parking on a 3.379
acre site. Applicant: Arthur D'Almeida
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7.F.(1) Approve The Villages at East Ocean - South Future Land Use Map Amendment (LUAR 17-
003) from Local Retail Commercial (LRC) to Mixed Use Medium (MXM). Applicant: Arthur B.
D'Almeida
(2) Approve The Villages at East Ocean - South Rezoning (LUAR 17-003) from C-2
Neighborhood Commercial to MU-2, Mixed Use 2 District with a proposed site plan for 35 multi-
family units and 3,500 square feet of commercial space. Applicant: Arthur B. D'Almeida
7.G.Approve The Village at East Ocean Avenue - South Major Site Plan Modification (MSPM 17-004)
for a mixed-use development consisting of 35 dwelling units, commercial space, and associated
recreational amenities and parking on a 1.764 acre site. Applicant: Aurther D'Almeida
8.Other
9.Comments by members
10.Adjournment
T he Board may only conduct public business after a quorum has been established. If
no quorum is established within twenty minutes of the noticed start time of the meeting
the City Clerk of her designee will so note the failure to establish a quorum and the
meeting shall be concluded. Board members may not participate further even when
purportedly acting in an informal capacity.
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF T HE PLANNING AND
DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING WILL NEED A RECORD OF T HE PROCEEDINGS AND FOR SUCH
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF T HE
PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S. 286.0105) T HE CITY
SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE
NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL
OPPORTUNITY TO PARTICIPATE IN AND ENJOY T HE BENEFITS OF A SERVICE,
PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT T HE
CITY CLERK'S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO
T HE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY
ACCOMMODATE YOUR REQUEST.
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4.A.
Approval of Minutes
8/22/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve minutes of 07-25-17
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION:
CLIMATE ACTION DISCUSSION:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
Minutes 7-25-17 Minutes
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7.A.
New Business
8/22/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD:
Approve Flood Prevention Requirements (CDRV 17-005) - Amending the LAND DEVELOPMENT
REGULATIONS, Chapter 1, Article II, Definitions and Article VIII Section 1.D, Appeals, Chapter 2, Article
IV, Sections 2 and 4, and Chapter 4, Article X, to update definitions, Building Division Processes, Standards,
and adopt Flood Insurance Rate Maps and Flood Insurance Study in accordance with the NFIP
requirements. City initiated.
EXPLANATION OF REQUEST:
In 1982, the Federal Emergency Management Agency (FEMA) issued Flood Insurance Rate Maps (FIRM)
and a Flood Insurance Study (FIS) report that identified special flood hazard areas in the City. Recently,
FEMA completed a re-evaluation of flood hazards in Palm Beach County.
FEMA provided the City with preliminary and revised preliminary copies of the FIRM and FIS report on May
31, 2013 and August 18, 2014, respectively, that identified existing flood hazards in the City.
As part of this process, FEMA conducted a series of four (4) public workshops in Palm Beach County; of
which one (1) was hosted at the Boynton Beach Library program room. The workshops were intended to
provide the public an opportunity to view maps, obtain technical assistance, and ask questions of FEMA
consultants, County, and City staff.
Notice was subsequently published in the Palm Beach Post, the Sun Sentinel, the Town Crier, El Latino, and
the Palm Beach Daily News on or about December 26, 2014 and January 2, 2015. An additional publication
was completed in the Federal Register on November 10, 2014.
The 90-day appeal period, which began upon the publishing of the second notice, has ended and FEMA did
not receive any appeals during this time. Hence, the Flood Hazard Determination is considered final and the
Flood Insurance Study and Flood Insurance Rate Maps will become effective on October 5, 2017.
On April 5, 2017, the City received notice from FEMA of the final Flood Hazard Determination and update of
the Flood Insurance Study, Flood Insurance Rate Maps (FIRM), and the requirement to adopt
aforementioned items by reference within six (6) months.
In addition the City is required, prior to October 5, 2017, as a condition of continued eligibility in the National
Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management
regulations that meet the standards of Paragraph 60.3(e) of the NFIP regulations (44 CFR 59, etc.) by the
effective date of the FIRM.
The proposed amendments to Chapter 1, 2, and 4 of the LDR is provided in their entirety in Exhibit “A, B, and
C” respectively, along with a list of FIRM Maps and the FIS Report in Exhibit "D". The most notable
amendments are summarized below:
Reorganization and update of flood related definitions for clarity and compliance with NFIP.
Reorganization and update of flood related requirements/standards for clarity and compliance with
NFIP.
Striking of redundant provisions that are now included in the Florida Building and Residential Code.
Insertion of flood specific requirements for variances according to NFIP.
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Clarification of designated Flood Plain Administrator and duties.
Listing of specific federal and state permits that may be required.
Requirement for issuance of development permits or approvals other than buildings and structures that
are exempt from the Florida Building Code.
Adoption by reference of the October 5, 2017 FIRM Maps and FIS report.
All FIRM Maps and FIS Report are available online for viewing at http://msc.fema.gov/portal/advanceSearch
Staff is recommending approval of the proposed code amendments as required by the NFIP and to update
reference to the newly finalized Palm Beach County Flood Insurance Study and Flood Insurance Rate Maps.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
City currently participates and manages the National Flood Insurance Program and does not anticipate any
changes to programs or services.
FISCAL IMPACT: Budgeted
Continued participation through the National Flood Insurance Program affords all City residents in a special
flood hazard area a discount of 15% on flood insurance premiums.
ALTERNATIVES:
None recommended
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: NA
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION: NA
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
Staff Report Staff Report
Letter FEMA Letter of Final Determination
Exhibit Exhibit "A" - Chapter 1_Article II_Definitions and
Article VIII_Section 1.D_Apppeals
Exhibit Exhibit "B" - Chapter 2_Article IV_Section 2 and
4_Building Permit and Variances
Exhibit Exhibit "C" - Chapter 4_Article X_Flood
Prevention Requirements
Exhibit Exhibit "D" - List of FIRM Maps and FIS Report
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REVIEWERS:
Department Reviewer Action Date
Planning and Zoning Rumpf, Michael Approved 8/15/2017 - 4:24 PM
Planning and Zoning Mack, Andrew Approved 8/15/2017 - 4:52 PM
Planning and Zoning Groff, Colin Approved 8/17/2017 - 4:20 PM
Assistant City Manager Groff, Colin Approved 8/17/2017 - 4:21 PM
City Manager Pyle, Judith Approved 8/17/2017 - 4:30 PM
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 17-029
TO: Chair and Members
Planning & Development Board
FROM: Andrew P. Mack, P.E., Director of Development
DATE: August 2, 2017
RE: Approve amendments to the LAND DEVELOPMENT
REGULATIONS, Chapter 1, Article II, Definitions and Article VIII,
Section 1.D, Appeals, to update definitions and administrative official
that regulate Flood Prevention in accordance with National Flood
Insurance Program requirements.
Approve amendments to the LAND DEVELOPMENT
REGULATIONS, Chapter 2, Article IV, Sections 2 and 4, to update
Building Division processes that regulate Flood Prevention in
accordance with National Flood Insurance Program requirements.
Approve amendments to the LAND DEVELOPMENT
REGULATIONS, Chapter 4, Article X, to update standards, adopt
Flood Insurance Rate Maps, and Flood Insurance Study that regulate
Flood Prevention in accordance with National Flood Insurance
Program requirements.
OVERVIEW
The rewrite of the City’s Land Development Regulations (LDR) in late 2010 allowed staff to perform a
complete review and analysis of each standard, regulation, and process. As part of the post-adoption
process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and
amendments to the LDR for one or more of the following reasons:
1. Furthering business and economic development initiatives;
2. Advancing sustainability initiatives;
3. Maintaining internal consistency;
4. Achieving regulatory compliance; and
5. Incorporating implementation feedback to meet original objectives or new vision.
The proposed amendment would support item #4.
BACKGROUND
In 1982, the Federal Emergency Management Agency (FEMA) issued Flood Insurance Rate Maps
(FIRM) and a Flood Insurance Study (FIS) report that identified special flood hazard areas in the City.
Recently, FEMA completed a re-evaluation of flood hazards in Palm Beach County.
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On May 31, 2013 and August 18, 2014 respectively, FEMA provided the City with preliminary and
revised preliminary copies of the FIRM and FIS report that identified existing flood hazards in the City.
Notice was subsequently published in the Palm Beach Post, the Sun Sentinel, the Town Crier, El Latino,
and the Palm Beach Daily News on or about December 26, 2014 and January 2, 2015. An additional
publication was completed in the Federal Register on November 10, 2014.
The 90-day appeal period, which began upon the publishing of the second notice, has ended and FEMA
did not receive any appeals during this time. Hence, the Flood Hazard Determination is considered final
and the Flood Insurance Study and Flood Insurance Rate Maps will become effective on October 5, 2017.
On April 5, 2017, the City received notice from FEMA of the final Flood Hazard Determination and
update of the Flood Insurance Study, Flood Insurance Rate Maps (FIRM), and the requirement to adopt
aforementioned items by reference within six (6) months.
In addition the City is required, prior to October 5, 2017, as a condition of continued eligibility in the
National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain
management regulations that meet the standards of Paragraph 60.3(e) of the NFIP regulations (44 CFR
59, etc.) by the effective date of the FIRM.
PROPOSED DEVELOPMENT STANDARDS
The proposed amendments to Chapter 1, 2, and 4 of the LDR is provided in their entirety in Exhibit “A,
B, and C” respectively, along with a list of FIRM Maps and the FIS Report in Exhibit "D". The most
notable amendments are summarized below:
Reorganization and update of flood related definitions for clarity and compliance with NFIP.
Reorganization and update of flood related requirements/standards for clarity and compliance with
NFIP.
Striking of redundant provisions that are now included in the Florida Building and Residential
Code.
Insertion of flood specific requirements for variances according to NFIP.
Clarification of designated Flood Plain Administrator and duties.
Listing of specific federal and state permits that may be required.
Requirement for issuance of development permits or approvals other than buildings and structures
that are exempt from Florida Building Code.
Adoption by reference the October 5, 2017 FIRM Maps and FIS report.
All FIRM Maps and FIS Report are available online for viewing at
http://msc.fema.gov/portal/advanceSearch.
CONCLUSION/RECOMENDATION
Staff is recommending approval of the proposed code amendments as required by the NFIP and to update
reference for the newly finalized Palm Beach County Flood Insurance Study and Flood Insurance Rate
Maps.
Attachment
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-005 Flood Ordinance\Staff Report - Flood Ordinance.docx
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EXHIBIT “A”
Chapter 1, Article II, Definitions and Article VIII, Section 1.D Appeals.
AREA OF SHALLOW FLOODING - See "Flood, Area of Shallow Flooding."
AREA OF SPECIAL FLOOD HAZARD - See "Flood, Special Flood Hazard Area."
BASE FLOOD - See "Flood, Base Flood."
BREAKAWAY WALL - A wall that is not part of the structural support of the building and is intended to
collapse without causing damage to the elevated portion of the building or the foundation system.
BUILDING/STRUCTURE HEIGHT - The vertical distance in feet measured from the lowest point at the
property line of an adjacent property or from the minimum base flood elevation as established by FEMA,
whichever is highest, to the highest point of the roof for flat roofs, to the deck line for parapet roofs with
parapets less than five (5) feet in height. Gable, mansard, and hip roof heights shall be measured to the
midpoint between the eaves and the ridge. Rooftop penthouses, stairwells, mechanical and electrical
equipment shall be concealed by or constructed of exterior architectural materials or features of the same
type or quality used on the exterior walls of the main building and may only exceed the maximum building
height pursuant to the provisions of the Land Development Regulations. Walls or retaining walls shall also
be measured from the lowest adjacent property line to the top of the structure excluding column caps, column
capitals and other similar architectural items.
COASTAL HIGH HAZARD AREA - The area below the elevation of the category 1 storm surge line as
established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge
model.
CROWN OF ROAD - The elevation of the highest surface of street pavement within the right-of-way
abutting the property or otherwise approved by the City Engineer.
DEVELOPMENT - A single use or combination of uses, proposed or approved, that may include but not be
limited to a single-family subdivision, townhomes, rental apartments, condominiums, public facilities,
commercial buildings, shopping centers, or industrial projects, possibly of similar design, constructed as a
unified community. Development shall also include the meaning given it in F.S. § 380.04, pursuant to a
development order or permit. With respect to workforce housing, it shall mean a proposed development at
one (1) location which includes at least ten (10) residential units for which site plan approval is
required. With respect to flood prevention requirements, see “Flood, Development.” it shall mean any man-
made change to improved or unimproved real estate, including but not limited to, buildings or other
structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining,
dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.
ELEVATED BUILDING - Building without a basement in which the lowest floor is elevated above the
ground.
FLOOD (FLOODING) - A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of
surface waters from any source. For purposes of Chapter 4, Article X, Flood Prevention Requirements:
1. ALTERATION OF A WATERCOURSE - A dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity,
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or any other form of modification which may alter, impede, retard or change the direction and/or velocity of
the riverine flow of water during conditions of the base flood.
2. AREA OF SHALLOW FLOODING - A designated AO or VO zone on a community's flood
insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity
flow may be evident.
2. 3. ASCE 24 - A standard titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers,
Reston, VA.
3. 4. BASE FLOOD - A flood having a one percent (1%) chance of being equaled or exceeded in any
given year. The base flood is commonly referred to as the "one hundred (100) year flood" or the "one
percent (1%) annual chance flood."
4. 5. BASE FLOOD ELEVATION - The elevation of the base flood, including wave height, relative to
the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum
specified on the Flood Insurance Rate Map (FIRM).
5. 6. BASEMENT - The portion of a building having its floor subgrade (below ground level) on all
sides.
6. BREAKAWAY WALL - A wall that is not part of the structural support of the building and is
intended to collapse without causing damage to the elevated portion of the building or the foundation system.
7. COASTAL CONSTRUCTION CONTROL LINE - The line established by the State of Florida
pursuant to F.S. § 161.053, and recorded in the official records of the community, which defines that portion
of the beach-dune system subject to severe fluctuations based on a one hundred (100)-year storm surge,
storm waves or other predictable weather conditions.
8. COASTAL HIGH HAZARD AREA - A special flood hazard area extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave
action from storms or seismic sources. Coastal high hazard areas are also referred to as “high hazard areas
subject to high velocity wave action” or “V Zones” and are designated on Flood Insurance Rate Maps
(FIRM) as Zone V1-V30, VE, or V. The area below the elevation of the category 1 storm surge line as
established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge
model.
9. DESIGN FLOOD - The flood associated with the greater of the following two (2) areas: 1) area with
a floodplain subject to a one percent (1%) or greater chance of flooding in any year; or 2) area designated as
a flood hazard area on the community's flood hazard map, or otherwise legally designated.
10. DESIGN FLOOD ELEVATION - The elevation of the "design flood," including wave height,
relative to the datum specified on the community's legally designated flood hazard map. In areas designated
as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's
perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO
where the depth number is not specified on the map, the depth number shall be taken as being equal to two
(2) feet.
11. DEVELOPMENT – Any man-made change to improved or unimproved real estate, including but
not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of
equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any
other land disturbing activities.
12. 11. ENCROACHMENT - The placement of fill, excavation, buildings, permanent structures or
other development into a flood hazard area which may impede or alter the flow capacity of riverine flood
hazard areas.
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13. EXISTING BUILDING and EXISTING STRUCTURE - Any buildings and structures for which
the “start of construction” commenced before January 3, 1979.
14. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before January 3, 1979.
15. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OF SUBDIVISON - The
preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
16. 12. FLOOD DAMAGE-RESISTANT MATERIALS - Any construction material capable of
withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires
more than cosmetic repair.
17. 13. FLOOD HAZARD AREA - The greater of the following two (2) areas: 1) the area within a
floodplain subject to a one percent (1%) or greater chance of flooding in any year; and/or 2) the area
designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.
14. FLOOD HAZARD BOUNDARY MAP (FHBM) - An official map of a community issued by the
Federal Emergency Management Agency where the boundaries of the areas of special flood hazard have
been defined.
18. 15. FLOOD INSURANCE RATE MAP (FIRM) - An official map of a community on which the
Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
19. 16. FLOOD INSURANCE STUDY - The official report provided by the Federal Emergency
Management Agency which contains flood profiles, flood boundary-floodway map and water surface
elevation of the base flood.
20. FLOODPLAIN ADMINISTRATOR - The office or position designated and charged with the
administration and enforcement of this chapter (may be referred to as the Floodplain Manager).
21. FLOODWAY - The channel of a watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface elevation more than one
(1) foot.
22. 17. FLOODWAY ENCROACHMENT ANALYSIS - An engineering analysis of the impact that
a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard
engineering methods and models.
23. 18. FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair
facilities; the term does not include long term storage or related manufacturing facilities.
24. 19. HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
25. HISTORIC STRUCTURE - Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings.
26. 20. LETTER OF MAP CHANGE (LOMC) - An official determination issued by FEMA that
amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change
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include:
a. LETTER OF MAP AMENDMENT (LOMA) - An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the
current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or
structure is not located in a special flood hazard area.
b. LETTER OF MAP REVISION (LOMR) - A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and
other planimetric features.
c. LETTER OF MAP REVISION BASED ON FILL (LOMR-F) - A determination that a structure
or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located
within the special flood hazard area. In order to qualify for this determination, the fill must have been
permitted and placed in accordance with the community's floodplain management regulations.
d. CONDITIONAL LETTER OF MAP REVISION (CLOMR) - A formal review and comment as
to whether a proposed flood protection project or other project complies with the minimum NFIP
requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not
revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of
certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective
FIRM.
27. 21. LOWEST FLOOR - The lowest floor of the lowest enclosed area of a building or structure,
including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable
solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to
render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24.
28. MARKET VALUE - The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of
relevant facts. As used in Chapter 4, Article X, the term refers to the market value of buildings and
structures, excluding the land and other improvements on the parcel. Market value may be established by a
qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of
construction), or the ad valorem tax assessment value adjusted to approximate market value by a factor
provided by the Property Appraiser.
29. NEW CONSTRUCTION - For the purposes of administration of Chapter 4, Article X, and the
flood resistant construction requirements of the Florida Building Code, structures for which the “start of
construction” commenced on or after January 3, 1979 and includes any subsequent improvements to such
structures.
30. NEW MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on or after January 3, 1979.
31. 22. SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
32. 23. SPECIAL FLOOD HAZARD AREA - Land in the floodplain subject to a one percent (1%) or
greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A,
AO, A1, A30, AE, A99, AH, V1, V30, VE or V.
33. SUBSTANTIAL DAMAGE - Damage of any origin sustained by a building or structure whereby
the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50
percent of the market value of the building or structure before the damage occurred.
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34. SUBSTANTIAL, IMPROVEMENT - Any repair, reconstruction, alteration, addition, or other
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of
the structure before the improvement or repair is started, or if the structure has been damaged and is being
restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the structure. The term does not,
however, include (1) Any project for improvement of a building required to correct existing health, sanitary,
or safety code violations identified by the building official and that are the minimum necessary to assure safe
living conditions, or (2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
35. WATERCOURSE - For the purposes of Chapter 4, Article X, a river, creek, stream, channel or
other topographic feature in, on, through, or over which water flows at least periodically.
FLOODWAY - The channel of a watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
FUNCTIONALLY DEPENDENT FACILITY - A facility which cannot be used for its intended purpose
unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for
the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing. The term
does not include long-term storage, manufacture, sales or service facilities.
MANUFACTURED HOME - A structure, transportable in one or more sections, which is eight (8) feet or
more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral
chassis and is designed for use with or without a permanent foundation when attached to the required
utilities. Also known as a mobile home, is a detached, single dwelling unit, manufactured upon a non-
removable chassis or undercarriage without independent motive power in accordance with the Manufactured
Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development
(HUD), and capable of being relocated from one (1) site to another. The structure is designed for long term
occupancy as a complete dwelling unit and containing all conveniences and facilities, with plumbing and
electrical connections provided for attachment to approved utility systems. All wheels shall be removed
prior to the issuance of a certificate of occupancy.
MANUFACTURED HOME PARK - Premises typically referred to as a mobile home or trailer park, where
manufactured homes are installed parked for non-transient living or sleeping purposes.
NEW CONSTRUCTION - Structures for which the "start of construction" commenced on or after the
effective date of this article.
START OF CONSTRUCTION (for other than new construction or substantial improvements under
the Coastal Barrier Resources Act (P.L. 97-348), - The date a building permit is issued for new
construction and substantial improvements, provided the actual start of construction, repair, reconstruction or
improvement is within one hundred eighty (180) days of the permit date. The actual start means the first
placement of permanent construction (including a manufactured home) on a site, such as the pouring of slabs
or footings, installation of piles, construction of columns or any work beyond excavation or placement of a
manufactured home on a foundation. Permanent construction excludes land preparation such as clearing,
grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or
foundations or the erection of temporary forms; installation on the property of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other
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structural part of a building, whether or not that alteration affects the external dimensions of the building.
SUBSTANTIAL, IMPROVEMENT - Any repair, reconstruction, or improvement of a structure or site, the
cost of which equals or exceeds fifty percent (50%) of the value of the structure as established by the most
recent Palm Beach County ad valorem tax bill, either before the improvement or repair is started, or if the
structure has been damaged and is being restored, before the damage occurred. For the purposes of this
definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether or not that alteration affects the external
dimensions of the structure.
Chapter 1, Article VIII, Section 1.D Appeals.
Sec. 1. Administrative Official.
D. Assignment of Appeals. The City Commission or the Building Board of Adjustment and Appeals shall
review all appeals. The assignment of each is as follows:
1. City Commission. The City Commission shall hear and decide all appeals regarding the
administration, interpretation, or enforcement of any standard, provision, or regulation contained in the land
development regulations, except for that which is identified in subparagraph b. below.
2. Building Board of Adjustment and Appeals. The owner of a building, structure, or service system, or
duly authorized agent may appeal a decision of the Building Official or the Floodplain Administrator, as
applicable, in his/her enforcement or administration of Chapter 4, Article IX, Building, Construction and
Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever any
one (1) of the following conditions are claimed to exist:
a. The Building Official or the Floodplain Administrator, as applicable, rejected or refused to approve
the mode or manner of construction proposed to be followed or materials to be used in the installation or
alteration of a building, structure, or service system;
b. The provisions of the city's current edition of the Administrative Amendments to the Florida
Building Code do not apply to this specific case;
c. That an equally good or more desirable form of installation can be employed in a specific case; or
d. The true intent and meaning of the city's current edition of the Administrative Amendments to the
Florida Building Code have been misconstrued or incorrectly interpreted.
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EXHIBIT “B”
Chapter 2, Article IV, Section 2 and 4, Building Permit and Variances.
Sec. 2. Building Permit.
A. General.
1. Purpose and Intent. The purpose and intent of this section is to set forth a well-defined application
process, review criteria, and uniform procedure for the processing of permit applications, to ensure that
certain buildings, structures, and systems comply with the respective requirements and standards described in
the Florida Building Code, including the City Administrative Amendments thereof, and these Land
Development Regulations.
2. Applicability. A building or other structure shall not be erected, moved, added to, or structurally
altered (including substantial improvements as defined by Chapter I, Article II), unless a building permit is
issued by the city. A building permit shall not be issued by the Building Official or designee unless the
application complies with the requirements of this article and the Florida Building Code, including the city's
Administrative Amendments. All permit applications for new buildings, building expansions, major
modifications or certain other improvements, must be consistent with any applicable and corresponding site
plan, master plan or record plat.
3. Scope. The Florida Building Code is based on national model building codes and national consensus
standards which are amended where necessary for Florida's specific needs. The code incorporates all
building construction-related regulations for public and private buildings in the State of Florida other than
those specifically exempted by F.S. § 553.73. It has been harmonized with the Florida Fire Prevention Code,
which is developed and maintained by the Department of Financial Services, Office of the State Fire
Marshal, to establish unified and consistent standards.
B. Submittal Requirements. Application forms for building permits shall be provided by the Building
Division. Unless the Building Official or designee determines otherwise, the applicant shall submit
completed forms, provide all documentation, including plans and exhibits required by such applications, and
pay all applicable fees as adopted by resolution by the City Commission.
In addition to the information required on the applications, the permittee for any permit for construction in
special flood hazard areas, which upon its completion would result in the issuance of a certificate of
occupancy or certificate of completion, shall, include the following information prior to the issuance of such
certificate of occupancy/completion: submit a
1. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all
structures.
2. Elevation in relation to mean sea level to which any non-residential structure will be flood proofed.
3. Certification by a Florida registered engineer or architect that the structure meets the flood proofing
criteria of Chapter 4, Article X.
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed
development.
5. A flood elevation or flood proofing certification after placement of the lowest floor and prior to
further vertical construction is completed, or in instances where the structure is subject to the regulations
applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest
floor and prior to further vertical construction. Within twenty-one (21) calendar days of establishment of the
lowest floor elevation, or flood proofing by whatever construction means, or upon placement of the
horizontal structural members of the lowest floor, whichever is applicable, the permit holder shall submit to
the Development Department a certification of the elevation of the lowest floor, flood proofing elevation, or
the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is
applicable, in relation to mean sea level. Said certification shall be prepared by or under the direct
supervision of a registered land surveyor or professional engineer. When flood proofing is utilized,
certification shall be prepared by or under the direct supervision of a professional engineer or architect. Any
work done within the twenty-one (21)-day calendar period and prior to submission of the certification shall
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be at the permit holder's risk. The Development Department shall review the flood elevation survey data
submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and
prior to continuation of the work. Failure to submit the survey or failure to make said corrections shall cause
issuance of a stop-work order for the project.
6. A survey of mangrove trees on-site.
Sec. 4. Variances.
A. General.
1. Purpose and Intent. The purpose of this section is to provide an efficient relief process to allow for
deviations from certain requirements and standards of the Florida Building Code, including the city's
Administrative Amendments thereof, and the applicable regulations in the city's Land Development
Regulations, in circumstances when the applicant is able to demonstrate a hardship. The intent of this
application is not to provide a means for circumventing any such requirement or standard, but to allow for a
departure from the code upon demonstration that the subject request satisfactorily addresses the review
criteria contained herein, and without the necessity of amending the regulation to accommodate the requested
relief.
2. Applicability.
a. The owner of a building, structure, or service system, or duly authorized agent may appeal a
decision from the Building Official whenever any one (1) of the following conditions is claimed to exist:
(1) The Building Official rejected or refused to approve the mode or manner of construction
proposed to be followed or materials to be used in the installation or alteration of a building, structure, or
service system;
(2) The provision of the Florida Building Code, including the city's Administrative Amendments
thereto does not apply to this specific case;
(3) That an equally good or more desirable form of installation can be employed in a specific case;
or
(4) The true intent and meaning of the Florida Building Code, including the city's Administrative
Amendments thereto have been misconstrued or incorrectly interpreted; or
b. The owner of a building, structure, or service system, or duly authorized agent may request relief to
any of the following:
(1) The Florida Building Code, including the city's Administrative Amendments and Technical
Amendments;
(2) Chapter 4, Article IX, Building, Construction, and Historic Preservation Requirements of the
City's Code of Ordinances; or
(3) Chapter 4, Article X, Flood Prevention Requirements of the City's Code of Ordinances; or
c. Notice of appeal shall be filed within thirty (30) calendar days after the Building Official renders the
refuted decision.
B. Submittal Requirements. The application form shall be approved by the Building Official and
maintained by the Building Division. In order for an application to be considered, it shall be accompanied
by all documentation required by the application checklist.
C. Review Criteria. The Building Board of Adjustment and Appeals, when so petitioned, and after a
hearing, may vary the application of any provision of this Code to any particular case when, in its opinion,
the enforcement thereof would do manifest injustice and would be contrary to the purpose and intent of this
or the technical codes or public interest, and also finds all of the following general criteria in subsection 1.
below:
1. General Criteria for All Variance Requests.
a. That special circumstances exist that are peculiar to the building, structure, or service system
involved, and which are not applicable to others;
b. That the special conditions and circumstances do not result form the action or inaction of the
applicant;
c. That granting the variance requested will not confer on the applicant any special privilege that is
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denied by this Code to other buildings, structures, or service systems;
d. That the variance granted is the minimum variance that will make possible the reasonable use of the
building, structure, or service system; and
e. That the granting of the variance will be in harmony with the general intent and purpose of this
Code and will not be detrimental to the public health, safety, and general welfare.
2. Special Criteria for Variance Applications Involving Deviations from Flood Prevention Regulations
or the Flood Resistant Design Requirements of the Florida Building Code. An applicant for a variance shall
submit a showing of good and sufficient cause and that failure to grant the variance would result in
exceptional hardship due to the physical characteristics of the land (increased costs to satisfy the
requirements or inconvenience do not constitute hardship). Variances shall only be issued upon a
determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and
in the instance of a historical building, a determination that the variance is the minimum necessary so as not
to destroy the historic character and design of the building. Variances shall not be issued within any
designated floodway if any increase in flood levels during the base flood discharge would result. In passing
upon such variance requests appeals, the Board shall determine that the granting of the variance will not
result in increased flood heights; additional threats to public safety; extraordinary public expense; create
nuisance; cause fraud on or victimization of the public; or conflict with existing local laws or
ordinances. The Board shall consider all technical evaluations, all relevant factors, all standards specified in
other sections of these Land Development Regulations, and:
a. The danger that materials may be swept onto other lands to the injury of others.
b. The danger to life and property due to flooding or erosion damage.
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner.
d. The importance of the services provided by the proposed facility to the community.
e. The necessity to the facility of a waterfront location, where applicable.
f. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed
use.
g. The compatibility of the proposed use with existing and anticipated development.
h. The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area.
i. The safety of access to the property in times of flood for ordinary and emergency vehicles.
j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and
the effects of wave action, if applicable, expected at the site.
k. The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and
streets and bridges.
3. Additional Requirements for Flood Prevention Variances.
a. Written Notice. Any applicant to whom a variance from the flood prevention requirements has been
granted to allow construction of a lowest floor below the required elevation shall be given written notice
specifying the difference between the base flood elevation and the elevation to which the structure is to be
built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from
the reduced lowest floor elevation (up to amounts as high as $25 for $100 of insurance coverage) and stating
that construction below the base flood elevation increases risks to life and property.
b. Historic Buildings and Structures. The repair, improvement, reconstruction, rehabilitation, or
restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic
Places, or the Boynton Beach Register of Historic Places, are eligible for variances from the flood prevention
requirements of the LDR without regard to the procedures set forth in this section upon evidence by the
applicant that such actions would not adversely impact the historic designation of the structure. The Director
of Development or designee shall maintain the records of granted variances.
c. Functionally Dependent Uses. A variance is authorized to be issued for the construction or
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substantial improvement necessary for the conduct of a functionally dependent use, as defined in Chapter 1,
Article II, provided the variance is the minimum necessary considering the flood hazard, and all due
consideration has been given to use of methods and materials that minimize flood damage during occurrence
of the base flood.
D. Approval Process. An application for variance approval requires review by staff to ensure it is eligible
to be considered by the Building Board of Adjustment and Appeals. Once determined to be eligible for
consideration, staff shall forward the variance application to the Building Board of Adjustment and Appeals,
and such Board will review the request based on the review criteria listed above, and render its decision. See
Section 112 of the City's Administrative Amendments to the Florida Building Code for the rules and
regulations regarding the operating procedures of the Board.
E. Expiration. See Section 112 of the city's Administrative Amendments to the FBC for the rules and
regulations regarding the expiration of a variance granted by the Building Board of Adjustment and Appeals.
F. Miscellaneous.
1. Conditions of Approval. The Building Board of Adjustment and Appeals may prescribe appropriate
conditions and safeguards on the approval of any variance in accordance with Section 112 of the city's
Administrative Amendments to the FBC.
2. Flood Prevention Variances. Any applicant to whom a variance from the flood prevention
requirements has been granted shall be given written notice specifying the difference between the base flood
elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance
will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
a. Historic Buildings and Structures. The repair, improvement, reconstruction, rehabilitation, or
restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic
Places, or the Boynton Beach Register of Historic Places, are eligible for variances from the flood prevention
requirements of the LDR without regard to the procedures set forth in this section upon evidence by the
applicant that such actions would adversely impact the historic designation of the structure. The Director of
Development or designee shall maintain the records of all appeal actions and report any variances to the
Federal Emergency Management Agency upon request.
b. Functionally Dependent Uses. A variance is authorized to be issued for the construction or
substantial improvement necessary for the conduct of a functionally dependent use, as defined in this
ordinance, provided the variance meets the requirements of subsection "a" above, is the minimum necessary
considering the flood hazard, and all due consideration has been given to use of methods and materials that
minimize flood damage during occurrence of the base flood.
(Ord. 10-025, passed 12-7-10; Am. Ord. 13-020, passed 7-2-13)
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EXHIBIT “C”
Chapter 4, Article X, Flood Prevention Requirements.
Sec. 1. General.
A. Short Title. This article shall hereafter be known and cited as the "City Flood Prevention
Code."
B. Purpose and Intent. The purpose of this article and the flood load and flood resistant
construction requirements of the Florida Building Code (FBC) are to establish minimum
requirements to safeguard the public health, safety, and general welfare and to minimize public
and private losses due to flooding through regulation of development in flood hazard areas to:
1. a. Minimize unnecessary disruption of commerce, access, and public service during
times of flooding;
b. Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
c. Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase flood damage or
erosion potential;
d. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize
the impact of development on the natural and beneficial functions of the floodplain;
e. Minimize damage to public and private facilities and utilities;
f. Help maintain a stable tax base by providing for the sound use and development of
flood hazard areas;
g. Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events;
h. Meet the requirements of the National Flood Insurance Program (NFIP) for community
participation as set forth in the Title 44 Code of Federal Regulations (44 CFR); and
i. To insure that potential homebuyers are notified that property is in a flood area.
2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article
includes methods and provisions that are designed to:
a. Restrict or prohibit uses which are dangerous to health, safety and property due to water
or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
b. Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
c. Control the alteration of natural floodplains, stream channels and natural protective
barriers which are involved in the accommodation of flood waters;
d. Control filling, grading, dredging and other development which may increase erosion or
flood damage; and
e. Prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
3. This article is intended to be administered and enforced in conjunction with the Florida
Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced in
the Florida Building Code.
C. Administration.
1. Administrator. The Building Official is designated the Floodplain Administrator. The
Floodplain Administrator shall have the authority to interpret and administer this article and may
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delegate performance of certain duties to other employees. The Floodplain Administrator shall
have the authority to render interpretations of this article consistent with the intent and purpose
of this article and may establish policies and procedures in order to clarify the application of its
provisions. Such interpretations, policies, and procedures shall not have the effect of waiving
requirements specifically provided in this article without the granting of a variance issued in
accordance with Chapter 2, Article IV, Section 4.
2. Duties. Duties of the administrator or his designee shall include, but not be limited to:
a. Review all development permits to determine whether proposed new development will
be located in flood hazard areas to assure that the permit requirements of this article have been
satisfied. This includes reviewing applications for modifications of any existing development in
flood hazard areas.
b. Advise permittee that additional federal or state permits may be required, and if specific
federal or state permits are known, require that copies of such permits be provided and
maintained on file with the development permit. Such permits include but are not limited to:
i. The South Florida Water Management District; section 373.036, F.S.
ii. Florida Department of Health for onsite sewage treatment and disposal systems;
section 381.0065, F.S. and Chapter 64E-6, F.A.C.
iii. Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of the
coastal construction control line; section 161.141, F.S.
iv. Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit; section 161.055, F.S.
v. Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
404 of the Clean Water Act.
vi. Federal permits and approvals.
c. Notify adjacent communities and the state division of emergency management
department of community affairs prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
d. Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is not diminished.
e. Verify and record the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures, in accordance with Chapter
2, Article IV, Section 2.
f. Verify and record the actual elevation (in relation to mean sea level) to which the new
or substantially improved structures have been flood proofed, in accordance with Chapter 2,
Article IV, Section 2.
g. In coastal high hazard areas, certification shall be obtained from a registered
professional engineer or architect that the structure is securely anchored to adequately anchored
pilings or columns in order to withstand velocity waters and hurricane wave wash.
h. In coastal high hazard areas, the administrator shall obtain certification for the
adequacy of breakaway walls in accordance with Section 3.C.8. below.
i. When flood proofing is utilized for a particular structure, the administrator shall obtain
certification from a registered professional engineer or architect.
e. j. Where interpretation is needed as to the exact location of the boundaries of the areas
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of special flood hazard (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions), the administrator shall make the necessary
interpretation. The person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Chapter 1, Article VIII, Section 1.D.2.
k. When base flood elevation data has not been provided in accordance with Section 1.D.
below, the administrator shall obtain, review, and reasonably utilize any base flood elevation
data available from a federal, state, or other source, in order to administer the provisions of this
article Sections 3 and 4 below.
l. All records pertaining to the provisions of this article shall be maintained in the
Department of Development and shall be open for public inspection.
f. m. Determine whether additional flood hazard data shall be obtained from other sources
or shall be developed by an applicant.
g. n. Review applications to determine whether proposed development will be reasonably
safe from flooding.
h. Issue development permits or approvals for development other than buildings and
structures that are subject to the FBC, including buildings, structures and facilities exempt from
the FBC, when compliance with this article is demonstrated, or disapprove the same in the event
of noncompliance.
i. Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard areas
comply with the applicable provisions of this article.
3. Substantial Improvement and Substantial Damage Determinations. For applications for
building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations,
substantial improvements, repairs of substantial damage, and any other improvement of or work
on such buildings and structures, the Floodplain Administrator, in coordination with the Building
Official, shall:
a. Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before the start
of construction of the proposed work; in the case of repair, the market value of the building or
structure shall be the market value before the damage occurred and before any repairs are made;
b. Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to
the market value of the building or structure;
c. Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
d. Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood resistant
construction requirements of the FBC and this article is required.
4. Modifications of the strict application of the requirements of the Florida Building Code.
The Floodplain Administrator shall review requests submitted to the Building Official that seek
approval to modify the strict application of the flood load and flood resistant construction
requirements of the Florida Building Code to determine whether such requests require the
granting of a variance pursuant to Chapter 2, Article IV, Section 4.
5. 4. Notice and Orders. The Building Official Floodplain Administrator shall
coordinate with appropriate local agencies for the issuance of all necessary notices or orders to
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ensure compliance with this article.
6. Inspections. The Floodplain Administrator shall make the required inspections for
development that is not subject to the Florida Building Code, including buildings, structures and
facilities exempt from the Florida Building Code and manufactured homes. The Floodplain
Administrator shall inspect flood hazard areas to determine if development is undertaken without
issuance of a permit.
7. 5. Other Duties. The Building Official Floodplain Administrator shall have other duties,
including but not limited to:
a. Establish, in coordination with the Building Official, procedures for administering and
documenting determinations of substantial improvement and substantial damage;
b. Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State Floodplain
Management Office, and submit copies of such notifications to the Federal Emergency
Management Agency (FEMA);
c. Require applicants who submit hydrologic and hydraulic engineering analyses to
support permit applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps (FIRM) if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be made within
six (6) months of such data becoming available;
d. Review required design certifications and documentation of elevations specified by this
ordinance article and the FBC and this article to determine that such certifications and
documentations are complete;
e. Notify FEMA when the corporate boundaries of the city are modified; and
f. Advise applicants for new buildings and structures, including substantial improvements,
that are located in any unit of the Coastal Barrier Resources System established by the Coastal
Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub.
L. 101-590 that federal flood insurance is not available on such construction; areas subject to this
limitation are identified on the FIRM as "Coastal Barrier Resource System Areas" and
"Otherwise Protected Areas."
g. Floodplain Management Records. Regardless of any limitation on the period required
for retention of public records, the Building Official Floodplain Administrator shall maintain and
permanently keep and make available for public inspection all records that are necessary for the
administration of this ordinance article and the flood resistant construction requirements of the
FBC, including FIRM; Letters of Map Change; records of issuance of permits and denial of
permits; determinations of whether proposed work constitutes substantial improvement or repair
of substantial damage; required design certifications and documentation of elevations specified
by the FBC and this article ordinance: notifications to adjacent communities, FEMA, and the
state related to alterations of watercourses; assurances that the flood carrying capacity of altered
watercourses will be maintained; documentation related to appeals and variances, including
justification for issuance or denial; and records of enforcement actions taken pursuant to this
ordinance article and the flood resistant construction requirements of the FBC. These records
shall be available for public inspection at the Development Department.
D. Applicability.
1. Scope. This article applies to all development of real property located within the city,
including areas of special flood hazard. Development shall include but not be limited to the
subdivision of land; filling, grading, and other site improvements and utility installations;
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construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation
or demolition of buildings, structures, and facilities that are exempt from the Florida Building
Code; placement, installation, or replacement of manufactured homes and manufactured
buildings; installation or replacement of tanks; placement of recreational vehicles; installation of
swimming pools; and any other development.
2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS) for Palm
Beach County, Florida and Incorporated Areas dated October 5, 2017 the City of Boynton Beach
dated March 31, 1982, and all subsequent amendments and revisions, and the accompanying
FIRMs 120196 0001-0005, dated September 30, 1982, and all subsequent amendments and
revisions to such maps, are adopted by reference as a part of this article and shall serve as the
minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard
areas are on file in the Development Department at the city.
3. Additional Data to Establish Flood Hazard Area. To establish flood hazard areas and
base flood elevations pursuant to this article the Building Official Floodplain Administrator may
require submission of additional data. Where field surveyed topography prepared by a Florida
licensed professional surveyor or digital topography accepted by the community indicates that
ground elevations:
a. Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIRM, the area shall be considered as flood hazard area and
subject to the requirements of this ordinance article and, as applicable, the requirements of the
FBC.
b. Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change (LOMC) that
removes the area from the special flood hazard area.
E. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions
which pertain to the regulations and standards contained herein.
F. Rules.
1. Compliance. No structure or land shall hereafter be located, extended, converted, or
structurally altered without full compliance with the terms of this article and other applicable
regulations.
2. Abrogation. This article supersedes any ordinance in effect for management of
development in flood hazard areas. However, it is not intended to repeal or abrogate any
existing ordinances including but not limited to land development regulations, zoning
ordinances, stormwater management regulations, or the FBC. In the event of a conflict between
this ordinance article and any other ordinance, the more restrictive shall govern. This article
shall not impair any deed restriction, covenant or easement, but any land that is subject to such
interests shall also be governed by this article.
3. Interpretation. In the interpretation and application of this article all provisions shall be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the governing body; and
c. Deemed neither to limit nor repeal any other powers granted under state statutes.
G. Conflict. Whenever the regulations and requirements of this article Code conflict with any
other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive
shall apply, unless otherwise stated herein. The provisions of this article shall not be deemed to
nullify any provisions of local, state, or federal law.
H. Relief from Requirements. Unless described otherwise, any deviation from the flood
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prevention regulations contained herein shall require approval of variance application, which is
subject to review and approval by the Building Board of Adjustment and Appeals. A request for
a variance shall be reviewed in accordance with Chapter 2, Article IV, Section 4.
I. Warning and Disclaimer. The degree of flood protection required by this article and the
FBC, as amended by this community, is considered the minimum reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur. Flood heights may be increased by man made or natural causes. This ordinance article
does not imply that land outside of mapped special flood hazard areas, or that uses permitted
within such flood hazard areas, will be free from flooding or flood damage. The flood hazard
areas and base flood elevations contained in the FIS and shown on FIRM and the requirements of
44 CFR may be revised by the FEMA, requiring this community to revise these regulations to
remain eligible for participation in the NFIP. No guaranty of vested use, existing use, or future
use is implied or expressed by compliance with this ordinance article. This article shall not
create liability on the part of the city or by any officer or employee thereof for any flood damage
that results from reliance on this ordinance article or any administrative decision lawfully made
thereunder.
Sec. 2. City Approval Required.
Any owner or owner's authorized agent who intends to undertake any development activity
within the scope of this article, which is wholly within or partially within any flood hazard area
shall first make application to the Building Official Floodplain Administrator or designee and
shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued
until compliance with the requirements of this article and all other applicable codes and
regulations has been satisfied. Flood zone elevation certification shall be required for
improvements in applicable flood zones, and reviewed in accordance with the procedures set
forth in Chapter 2, Article IV, Section 2 for any type of building permit application that upon its
completion, would result in the issuance of a certificate of occupancy. With respect to building
and land development permits, the site plan or construction documents for any development
subject to the requirements of this article shall be drawn to scale and shall include, as applicable
to the proposed development:
A. Development in Flood Hazard Areas.
1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s), and ground elevations if necessary for review of the proposed development.
2. Where base flood elevations, or floodway data are not included on the FIRM or in the
FIS, they shall be established in accordance with Section 2.B. or and Section 2.C. below.
3. Where the parcel on which the proposed development will take place will have more than
fifty (50) lots or is larger than five (5) acres and the base flood elevations are not included on the
FIRM or in the FIS, such elevations shall be established in accordance with Section 2.B. below.
4. Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be located landward of
the reach of mean high tide.
5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
6. Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and evidence
that the proposed fill areas are the minimum necessary to achieve the intended purpose.
7. Delineation of the Coastal Construction Control Line (CCCL) or notation that the site is
seaward of the coastal construction control line, if applicable.
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8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such
alteration is approved by the Florida Department of Environmental Protection.
9. Existing and proposed alignment of any proposed alteration of a watercourse.
The Building Official Floodplain Administrator is authorized to waive the submission of site
plans, construction documents, and other data that are required by this article, but that are not
required to be prepared by a registered design professional if it is found that the nature of the
proposed development is such that the review of such submissions is not necessary to ascertain
compliance with this ordinance article.
B. Information in Flood Hazard Areas without Base Flood Elevations (Approximate Zone
A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not
been provided, the Building Official Floodplain Administrator shall:
1. Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices.
2. Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to obtain and use
base flood elevation and floodway data available from a federal or state agency or other source.
3. Where base flood elevation and floodway data are not available from another source,
where the available data are deemed by the Building Official Floodplain Administrator to not
reasonably reflect flooding conditions, or where the available data are known to be scientifically
or technically incorrect or otherwise inadequate:
a. Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices; or
b. Specify that the base flood elevation is two (2) feet above the highest adjacent grade at
the location of the development, provided there is no evidence indicating flood depths have been
or may be greater than two (2) feet.
4. Where the base flood elevation data are to be used to support a LOMC from FEMA,
advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format
required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal
requirements and pay the processing fees.
C. Additional Analyses and Certifications. As applicable to the location and nature of the
proposed development activity, and in addition to the requirements of this section, the applicant
shall have the following analyses signed and sealed by a Florida licensed engineer for
submission with the site plan and construction documents:
1. For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed development
will not cause any increase in base flood elevations; where the applicant proposes to undertake
development activities that do increase base flood elevations, the applicant shall submit such
analysis to FEMA as specified in Section 2.C.6. 2.C.5. below and shall submit the Conditional
Letter of Map Revision (CLOMR), if issued by FEMA, with the site plan and construction
documents.
2. For development activities proposed to be located in a riverine flood hazard area for
which base flood elevations are included in the FIS or on the FIRM and floodways have not been
designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the
proposed development, when combined with all other existing and anticipated flood hazard area
encroachments, will not increase the base flood elevation more than one (1) foot at any point
within the community. This requirement does not apply in isolated flood hazard areas not
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connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone
AH.
3. Where small streams exist, but where no base flood data has been provided or where no
floodways have been provided, no encroachments, including fill material or structures, shall be
located within a distance of the stream bank equal to five (5) times the width of the stream at the
top of bank or twenty (20) feet on each side from top of bank, whichever is greater, unless
certification by a Florida registered engineer is provided demonstrating that such encroachments
will not result in any increase in flood levels during the occurrence of the base flood discharge.
4. For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood-carrying capacity of the altered
or relocated portion of the watercourse will not be decreased, and certification that the altered
watercourse shall be maintained in a manner which preserves the channel's flood-carrying
capacity; the applicant shall submit the analysis to FEMA as specified in Section 2.C.6. 2.C.5.
below.
5. 4. For activities that propose to alter sand dunes or mangrove stands in coastal high
hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration
will not increase the potential for flood damage.
6. 5. When additional hydrologic, hydraulic or other engineering data, studies, and
additional analyses are submitted to support an application, the applicant has the right to seek a
Letter of Map Change from FEMA to change the base flood elevations, change floodway
boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such
data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer
in a format required by FEMA. Submittal requirements and processing fees shall be the
responsibility of the applicant.
Sec. 3. Minimum Finished Floor Elevation (Non-Flood Hazard Area).
The finished floor elevation of all habitable space of new construction not located in a flood
hazard area zone shall be elevated a minimum of twelve (12) inches above the average crown
height of the adjacent roadway. The finished floor elevation of all habitable space of building
additions and/or substantial improvements not located in a flood hazard area zone shall be no
lower than the existing finished floor elevation.
Sec. 4. Minimum Lowest Floor in Areas of Indeterminate Drainage (Zone
AO).Minimum Requirements and Higher Regulatory Standards for Flood
Hazard Areas.
In areas of indeterminate drainage subject to sheet flow (Zone AO), lowest floors shall be at or
above the elevation specified in the Florida Building Code or at least 2 feet above the average
crown of road, whichever is higher.
In all areas of special flood hazard the following provisions are required:
A. General Standards.
1. Anchors.
a. All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure.
b. See Section 5.C. below for anchoring standards for manufactured homes.
2. Materials. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
3. Design.
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a. All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage.
b. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service
facilities shall be designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
c. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
d. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems into
floodwaters.
4. On-Site Waste Disposal Systems. On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
5. Miscellaneous. Any alteration, repair, reconstruction or improvements to a structure
which are in compliance with the provisions of this article, shall meet the requirements of "new
construction" as contained in this article.
B. Special Flood Hazard Areas (with Base Flood Elevation Data). In all areas of special
flood hazard area where the BFE data have been provided, the following provisions are required:
1. General. New construction of any residential or non-residential structure located in all
special flood hazard areas shall have the lowest floor, including basement, elevated to twelve
(12) inches above the base flood elevation (BFE). However, any proposed building addition
and/or substantial improvement to an existing structure shall only be required to have the lowest
floor, including basement, elevated to the BFE in accordance with 44 CFR. Should solid
foundation perimeter walls be used to elevate a residential structure, openings sufficient to
facilitate the unimpeded movements of floodwaters shall be provided in accordance with
standards of Section 4.B.2. below.
Non-residential structures located in all A-zones may be flood proofed in lieu of being
elevated provided that all areas of the structure below the required elevation are watertight and
with walls substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A registered professional engineer or architect shall certify that the standards of this
subsection are satisfied. Such certification shall be provided as set forth in Chapter 2, Article
IV, Section 2.B.
2. Elevated Buildings. New construction or substantial improvements of existing elevated
buildings that include fully enclosed areas formed by foundation and other exterior walls below
the base flood elevation shall be designed to preclude finished living space and designed to allow
for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on
exterior walls.
a. Designs for complying with this requirement must either be certified by a professional
engineer or architect or meet the following minimum criteria:
(1) Provide a minimum of two (2) openings having a total net area of not less than one
(1) square inch for every square foot of enclosed area subject to flooding;
(2) The bottom of all openings shall be no higher than one (1) foot above grade; and
(3) Openings may be equipped with screens, louvers, valves or other coverings or
devices provided they permit the automatic flow of floodwaters in both directions.
b. Access to the enclosed area shall be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment used in connection with the
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premises (standard exterior door) or entry to the living area (stairway or elevator); and
c. The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms.
d. Electrical, plumbing and other utility connections are prohibited below the base flood
elevation.
C. Floodways. The following provisions shall apply to floodways within areas of special
flood hazard established hereinbefore:
1. Prohibit encroachments including fill, new construction, substantial improvements, and
other development unless certification (with supporting technical data) by a Florida registered
engineer is provided demonstrating that encroachments shall not result in any increase in flood
levels during occurrence of the base flood discharge.
2. If Section 4.C.1. above is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of this article.
3. Prohibit the placement of any manufactured homes (mobile homes) except in an existing
manufactured home (mobile home) park or subdivision. A replacement manufactured home
may be placed on a lot in an existing manufactured home park or subdivision provided the
anchoring standards and elevation standards outlined hereinbefore are met.
D. Coastal High Hazard Area (V Zones). Located within the areas of special flood hazard
established herein are areas designated as coastal high hazard areas. These areas have special
flood hazards associated with wave wash; therefore, the following provisions shall apply:
1. All buildings or structures shall be located landward of the reach of the mean high tide
and the coastal construction control line.
2. All buildings or structures shall be elevated so that the lowest supporting member
(excluding pilings or columns) is located no lower than the base flood elevation level, with all
space below the lowest supporting member open so as not to impede the flow of water. Open
lattice work or decorative screening may be permitted for aesthetic purposes only and must be
designed to wash away in the event of abnormal wave action.
3. All buildings or structures shall be securely anchored on pilings or columns.
4. All pilings and columns and the attached structures shall be anchored to resist flotation,
collapse, and lateral movement due to the effect of wind and water loads acting simultaneously
on all building components. The anchoring and support system shall be designed with wind and
water loading values which equal or exceed the one hundred (100)-year mean recurrence interval
(one percent (1%) annual chance flood).
5. A Florida registered engineer or architect shall certify that the design, specifications and
plans for construction are in compliance with the provisions contained in Sections 4.D.2. through
4.D.4. above.
6. No fill shall be used as structural support. Non-compacted fill may be used around the
perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from
storm surge, (thereby rendering the building free of obstruction) prior to generating excessive
loading forces, ramping effects or wave deflection. The Department of Development shall
review design plans for landscaping/aesthetic fill only after the applicant has provided an
analysis by an engineer, architect and/or soil scientist, which demonstrates that the following
factors have been fully considered:
a. Particle composition of fill material does not have a tendency for excessive natural
compaction; and
b. Volume and distribution of fill will not cause wave deflection to adjacent properties;
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and
c. Slope of fill will not cause wave run-up or ramping.
7. In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be
permitted only if such alteration is approved by the Florida Department of Environmental
Protection and only if the engineering analysis required by Section 2.C. above demonstrates that
the proposed alteration will not increase the potential for flood damage. Construction or
restoration of dunes under or around elevated buildings and structures shall comply with the
regulations contained herein. There shall be no alteration of sand dunes or mangrove stands
which would increase potential flood damage.
8. Lattice work or decorative screening shall be allowed below the base flood elevation
provided they are not part of the structural support of the building and are designed so as to
breakaway, under abnormally high tides or wave action, without damage to the structural
integrity of the building on which they are to be used and provided the following design
specifications are met:
a. No solid walls shall be allowed; and
b. Material shall consist of wood or mesh screening only.
9. If aesthetic lattice works or screening are utilized, such enclosed space shall not be used
for human habitation.
10. Prior to construction, plans for any structure that will have lattice work or decorative
screening must be submitted to the Development Department for review.
11. Prohibit the placement of manufactured homes (mobile homes), except in an existing
manufactured home (mobile home) park or subdivision. A replacement manufactured home
may be placed on a lot in an existing manufactured home park or subdivision provided the
anchoring and elevation standards of this chapter are met.
12. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the
space below the lowest floor except for lattice work or decorative screening, as provided for in
Sections 4.D.8. and 4.D.9. above.
E. Areas of Shallow Flooding (AO Zones). Located within the areas of special flood hazard
established in Section 1.F. are areas designated as shallow flooding. These areas have special
flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly
defined channel does not exist and where the path of flooding is unpredictable and indeterminate;
therefore, the following provisions apply:
1. Residential Structures. All new construction and substantial improvements of residential
structures and service systems shall have the lowest floor, including basement, elevated to the
depth number specified on the FIRM, in feet, above the highest adjacent grade. If no depth
number is specified, the lowest floor, including basement, of new construction shall be elevated
at least two (2) feet above the highest adjacent grade or average crown of road, whichever is
higher. For additions and/or substantial improvements, the lowest floor, including basement
shall be no lower than the existing finished floor elevation.
2. Non-residential Structures. All new construction and substantial improvements of non-
residential structures shall:
a. Have the lowest floor, including basement and service systems, elevated to the depth
number specified on the FIRM, in feet, above the highest adjacent grade. If no depth number is
specified, the lowest floor, including basement, of new construction shall be elevated at least two
(2) feet above the highest adjacent grade or average crown of road, whichever is higher. For
additions and/or substantial improvements, the lowest floor, including basement, shall be no
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lower than the existing finished floor elevation.
b. Be completely flood proofed to or above that level so that any space below that level
has watertight walls substantially impermeable to the passage of water; structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
and utility and sanitary facilities completely flood proofed.
F. Small Streams. Where small streams exist, but where no base flood data has been
provided or where no floodways have been provided, the following provisions apply:
1. Encroachments. No encroachments, including fill material or structures, shall be located
within a distance of the stream bank equal to five (5) times the width of the stream at the top of
bank or twenty (20) feet on each side from top of bank, whichever is greater, unless certification
by a Florida registered engineer is provided demonstrating that such encroachments shall not
result in any increase in flood levels during the occurrence of the base flood discharge.
2. Construction and Improvements. New construction or substantial improvements of
structures shall be elevated or flood proofed in accordance with elevations established in
accordance with Section 1.C.2.k. above.
G. Seaward of the Coastal Construction Control Line. If extending, in whole or in part,
seaward of the coastal construction control line and also located, in whole or in part, in a flood
hazard area, buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the FBC. Minor structures and non-habitable major
structures as defined in Florida Statutes shall be designed and constructed to comply with the
intent and applicable provisions of this article and ASCE 24.
Sec. 5. Specific Requirements by Type of Improvement or Development.
A. Site Improvements, Utilities and Limitations.
1. General. All proposed new development shall be reviewed to determine that:
a. Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
b. All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
c. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures.
2. Sanitary Sewage Facilities. All new and replacement sanitary sewage facilities, private
sewage treatment plants (including all pumping stations and collector systems), and on-site waste
disposal systems shall be designed in accordance with the standards for onsite sewage treatment
and disposal systems in FAC Chapter 64E-6 and ASCE 24, Chapter 7 to minimize or eliminate
infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters,
and impairment of the facilities and systems.
3. Water Supply Facilities. All new and replacement water supply facilities shall be
designed in accordance with the water well construction standards in FAC Chapter 62-532.500
and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
4. Limitations on Placement of Fill. Subject to the limitations of this ordinance article, fill
shall be designed to be stable under conditions of flooding including rapid rise and rapid
drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and
scour. In addition to these requirements, if intended to support buildings and structures (Zone A
only), fill shall comply with the requirements of the FBC.
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5. Limitations on Sites in Regulatory Floodways. No development, including but not limited
to site improvements, and land disturbing activity involving fill or regrading, shall be authorized
in the regulatory floodway unless the floodway encroachment analysis required in Section 2.C.1
of this article demonstrates that the proposed development or land disturbing activity will not
result in any increase in the base flood elevation.
B. Subdivision Standards.
1. General. The following provisions shall apply for all subdivision proposals:
a. All subdivision proposals shall be consistent with the need to minimize flood damage.
b. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood hazards.
d. Base flood elevation data shall be provided for subdivision proposals and other
proposed development which contains more than fifty (50) lots or is larger than five (5) acres.
e. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away from
proposed structures.
2. Subdivision Plats. Where any portion of proposed subdivisions, including manufactured
home parks and subdivisions, lies within a flood hazard area, the following shall be required:
a. Delineation of flood hazard areas, floodway boundaries and flood zones, and design
flood elevations, as appropriate, shall be shown on preliminary plats and final plats;
b. Where the subdivision has more than fifty (50) lots or is larger than five (5) acres and
base flood elevations are not included on the FIRM, the base flood elevations determined in
accordance with the requirements contained herein; and
c. Compliance with the site improvement and utilities requirements contained herein of
this ordinance article
C. Manufactured Homes.
1. General. All manufactured homes installed in flood hazard areas shall be installed by an
installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of
FAC Chapter 15C-1 and the requirements of this article. If located seaward of the CCCL, all
manufactured homes shall comply with the more restrictive of the applicable requirements.
2. Foundations. All new manufactured homes and replacement manufactured homes
installed in flood hazard areas shall be installed on permanent, reinforced foundations that:
a. In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in
accordance with the foundation requirements of the FBC, Residential Section R322.2 and this
article. Foundations for manufactured homes subject to Section 5.C.6 below are permitted to be
reinforced piers or other foundation elements of at least equivalent strength.
b. In coastal high hazard areas (Zone V), are designed in accordance with the foundation
requirements of the FBC, Residential Section R322.3 and this article.
3. Anchoring. All new manufactured homes and replacement manufactured homes shall be
installed using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This anchoring requirement is in addition to applicable state and local
anchoring requirements for wind resistance.
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4. Elevation. Manufactured homes that are placed, replaced, or substantially improved
shall comply with Section 5.C.5. or and Section 5.C.6. below, as applicable.
5. General Elevation Requirement. Unless subject to the requirements of Section 5.C.6.
below, all manufactured homes that are placed, replaced, or substantially improved on sites
located: 1) outside of a manufactured home park or subdivision; 2) in a new manufactured home
park or subdivision; 3) in an expansion to an existing manufactured home park or subdivision; or
4) in an existing manufactured home park or subdivision upon which a manufactured home has
incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of
the frame is at or above the elevation required, as applicable to the flood hazard area, in the FBC,
Residential Section R322.2 (Zone A) or Section R322.3 (Zone V).
6. Elevation Requirement for Certain Existing Manufactured Home Parks and
Subdivisions. Manufactured homes that are not subject to Section 5.C.5. of this article,
including manufactured homes that are placed, replaced, or substantially improved on sites
located in an existing manufactured home park or subdivision, unless on a site where substantial
damage as result of flooding has occurred, shall be elevated such that either the:
a. Bottom of the frame of the manufactured home is at or above the elevation required, as
applicable to the flood hazard area, in the FBC, Residential Section R322.2 (Zone A) or Section
R322.3 (Zone V); or
b. Bottom of the frame is supported by reinforced piers or other foundation elements of at
least equivalent strength that are not less than thirty-six (36) inches in height above grade.
7. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
requirements of the FBC, Residential Section R322 for such enclosed areas, as applicable to the
flood hazard area.
8. Utility Equipment. Utility equipment that serves manufactured homes, including
electric, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities, shall comply with the requirements of the FBC, Residential Section R322, as
applicable to the flood hazard area.
D. Tanks.
1. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming the tank
is empty.
2. Above-Ground Tanks, Not Elevated. Above-ground tanks that do not meet the elevation
requirements of Section 5.D.3. below shall:
a. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas,
provided the tanks are anchored or otherwise designed and constructed to prevent flotation,
collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during
conditions of the design flood, including the effects of buoyancy assuming the tank is empty and
the effects of flood-borne debris.
b. Not be permitted in coastal high hazard areas (Zone V).
3. Above-Ground Tanks, Elevated. Above-ground tanks in flood hazard areas shall be
attached to and elevated to or above the design flood elevation on a supporting structure that is
designed to prevent flotation, collapse or lateral movement during conditions of the design
flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood
hazard area.
4. Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be:
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a. At or above the design flood elevation or fitted with covers designed to prevent the
inflow of floodwater or outflow of the contents of the tanks during conditions of the design
flood; and
b. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
E. Buildings and Structures.
1. Buildings, structures, and facilities that are exempt from the Florida Building Code.
Buildings, structures, and facilities that are exempt from the Florida Building Code, including
substantial improvement or repair of substantial damage of such buildings, structures and facilities,
shall be designed and constructed in accordance with the flood load and flood resistant construction
requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and
roofed buildings shall comply with the requirements of Section 5.F below.
2. Buildings and structures seaward of the coastal construction control line. If
extending, in whole or in part, seaward of the coastal construction control line and also located,
in whole or in part, in a flood hazard area:
a. Buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Building Section 3109 and
Section 1612 or Florida Building Code, Residential Section R322.
b, Minor structures and non-habitable major structures as defined in section 161.54, F.S.,
shall be designed and constructed to comply with the intent and applicable provisions of this
ordinance and ASCE 24.
F. Other Development.
1. General Requirements for Other Development. All development, including man-made
changes to improved or unimproved real estate for which specific provisions are not specified in
this article or the Florida Building Code, shall:
a. Be located and constructed to minimize flood damage;
b. Meet the limitations of Section 5.A.5 of this article if located in a regulated floodway;
c. Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;
d. Be constructed of flood damage-resistant materials; and
e. Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to address life
safety and electric code requirements is permitted below the design flood elevation provided it
conforms to the provisions of the electrical part of building code for wet locations.
2. Fences in Regulated Floodways. Fences in regulated floodways that have the
potential to block the passage of floodwaters, such as stockade fences and wire mesh fences,
shall meet the limitations of Section 5.A.5 of this article.
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3. Retaining Walls, Sidewalks and Driveways in Regulated Floodways. Retaining walls
and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet
the limitations of Section 5.A.5 of this article.
4. Roads and Watercourse Crossings in Regulated Floodways. Roads and watercourse
crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles
or pedestrians to travel from one side of a watercourse to the other side, that encroach into
regulated floodways shall meet the limitations of Section 5.A.5 of this article. Alteration of a
watercourse that is part of a road or watercourse crossing shall meet the requirements of Section
2.C.1 of this article.
5. Concrete Slabs Used as Parking Pads, Enclosure Floors, Landings, Decks, Walkways,
Patios and Similar Nonstructural Uses in Coastal High Hazard Areas (Zone V). In coastal high
hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways,
patios and similar nonstructural uses are permitted beneath or adjacent to buildings and
structures provided the concrete slabs are designed and constructed to be:
a. Structurally independent of the foundation system of the building or structure;
b. Frangible and not reinforced, so as to minimize debris during flooding that is capable
of causing significant damage to any structure; and
c. Have a maximum slab thickness of not more than four (4) inches.
6. Decks and Patios in Coastal High Hazard Areas (Zone V). In addition to the
requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be
located, designed, and constructed in compliance with the following:
a. A deck that is structurally attached to a building or structure shall have the bottom of
the lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed to
accommodate any increased loads resulting from the attached deck.
b. A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be designed and
constructed either to remain intact and in place during design flood conditions or to break apart
into small pieces to minimize debris during flooding that is capable of causing structural damage
to the building or structure or to adjacent buildings and structures.
c. A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall not be
approved unless an analysis prepared by a qualified registered design professional demonstrates
no harmful diversion of floodwaters or wave runup and wave reflection that would increase
damage to the building or structure or to adjacent buildings and structures.
d. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local soils
Page 46 of 206
17
and is the minimum amount necessary for site drainage may be approved without requiring
analysis of the impact on diversion of floodwaters or wave runup and wave reflection.
7. Other Development in Coastal High Hazard Areas (Zone V). In coastal high hazard
areas, development activities other than buildings and structures shall be permitted only if also
authorized by the appropriate federal, state or local authority; if located outside the footprint of,
and not structurally attached to, buildings and structures; and if analyses prepared by qualified
registered design professionals demonstrate no harmful diversion of floodwaters or wave runup
and wave reflection that would increase damage to adjacent buildings and structures. Such
other development activities include but are not limited to:
a. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control
structures;
b, Solid fences and privacy walls, and fences prone to trapping debris, unless designed
and constructed to fail under flood conditions less than the design flood or otherwise function to
avoid obstruction of floodwaters; and
c. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
8. Nonstructural Fill in Coastal High Hazard Areas (Zone V). In coastal high hazard
areas:
a. Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
b. Nonstructural fill with finished slopes that are steeper than one unit vertical to five
units horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent buildings and structures.
c. Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around elevated
buildings are permitted without additional engineering analysis or certification of the diversion
of floodwater or wave runup and wave reflection if the scale and location of the dune work is
consistent with local beach-dune morphology and the vertical clearance is maintained between
the top of the sand dune and the lowest horizontal structural member of the building.
Sec. 6. Appeals.
The Building Board of Adjustment and Appeals shall hear and decide on requests for appeals
from the strict application of this article and of the flood resistant construction requirements of
the FBC, excluding Section 3109 or latest supplement thereof.
Sec. 7. Penalties.
The city or any other legal authority shall enforce any violation of this article pursuant to the
penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development
Regulations.
Page 47 of 206
EXHIBIT “D”
Description Number Date
1. Flood Insurance Study (FIS) 12099CV000A October 5, 2017
Description Map Number Date
1. Flood Insurance Rate Map (FIRM) Index 12099CIND1A October 5, 2017
2. Flood Insurance Rate Map (FIRM) Index 12099CIND2A October 5, 2017
3. Flood Insurance Rate Map (FIRM) 12099C0778F October 5, 2017
4. Flood Insurance Rate Map (FIRM) 12099C0779F October 5, 2017
5. Flood Insurance Rate Map (FIRM) 12099C0783F October 5, 2017
6. Flood Insurance Rate Map (FIRM) 12099C0786F October 5, 2017
7. Flood Insurance Rate Map (FIRM) 12099C0787F October 5, 2017
8. Flood Insurance Rate Map (FIRM) 12099C0788F October 5, 2017
9. Flood Insurance Rate Map (FIRM) 12099C0789F October 5, 2017
10. Flood Insurance Rate Map (FIRM) 12099C0791F October 5, 2017
11. Flood Insurance Rate Map (FIRM) 12099C0793F October 5, 2017
12. Flood Insurance Rate Map (FIRM) 12099C0976F October 5, 2017
13. Flood Insurance Rate Map (FIRM) 12099C0977F October 5, 2017
14. Flood Insurance Rate Map (FIRM) 12099C0981F October 5, 2017
All FIRM Maps and FIS Report are available online for
viewing at http://msc.fema.gov/portal/advanceSearch
Page 48 of 206
7.B.
New Business
8/22/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD:
Approve LDR Amendments Group 3/CRA Plan Implementation (CDRV 17-007) – Amending the LAND
DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to continue implementing Community
Redevelopment Plan recommendations with changes in the future land use classification scheme, and
establishment of the new R-4, Multi-family Residential Zoning District including amendments and additions to
definitions, and use and lot standards. City initiated.
EXPLANATION OF REQUEST:
The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016 and is now
being implemented through incremental amendments to the Comprehensive Plan and Land Development
Regulations, and will soon undergo a more comprehensive implementation through, in part, an LDR audit to be
completed later this year.
These proposed amendments primarily involve the future land use (FLU) and zoning district schemes
including the merging of certain future land use classifications and zoning districts, establishment of a new
future land use classification and zoning district, and minor changes to the titles of the mixed use future land
use classifications and corresponding zoning districts. These recommendations are detailed in Tables #1 and
#2 of Section “C” of the CRA Plan, and are listed below.
The elimination of the Moderate Density Residential (MoDR) future land use classification and
placement of the corresponding zoning districts under the Low Density Residential (LDR) classification;
The establishment of a new “High Density Residential” (HDR) future land use classification with a
maximum density of 15 dwelling units per acre, along with establishment of a new corresponding zoning
district, R-4, Multi-family Residential, to bridge the density gap between the Medium Density Residential
(11 dus/acre) and Special High Density Residential (20 dus/acre) future land use classifications;
The conversion of the four (4) urban and suburban land use classifications into a single, 3-classification
system which simply entails elimination of the “Mixed Use Suburban” classification and renaming the
remaining mixed use classifications MX-L, MX-M, and MX-H;
The insertion of references to the Workforce Housing Program to coincide with the recent amendments
to, and status of this City program; and
General edits or “clean-up” amendments to provide proper reference to or description of the new CRA
Redevelopment Plan, improve clarity, and eliminate redundancy.
Staff proposes these LDR amendments to continue implementing the CRAs new Community Redevelopment
Plan and to support continued quality development and redevelopment of the downtown and remaining CRA
area.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NA
FISCAL IMPACT:
Proposed amendments will increase development opportunities and at greater development densities thereby
contributing to increased application and processing revenues and ultimately, increased land values.
Page 49 of 206
ALTERNATIVES: None recommended
STRATEGIC PLAN: Energetic Downtown: Focal Point for Boynton Beach
STRATEGIC PLAN APPLICATION: Completion of the CRA Plan has been in the City's Strategic Plan
since 2015. This item furthers the Plan with timely implementation.
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION: NA
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
Staff Report Staff Report
Amendment Exhibit "A" - Proposed Amendments
REVIEWERS:
Department Reviewer Action Date
Planning and Zoning Rumpf, Michael Approved 8/16/2017 - 12:17 PM
Planning and Zoning Mack, Andrew Approved 8/17/2017 - 8:32 AM
Planning and Zoning Groff, Colin Approved 8/17/2017 - 4:22 PM
Assistant City Manager Groff, Colin Approved 8/17/2017 - 4:23 PM
City Manager Pyle, Judith Approved 8/17/2017 - 4:30 PM
Page 50 of 206
- 1 -
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 17-046
TO:
Chair and Members
Planning & Development Board
FROM:
Michael Rumpf
Planning and Zoning Director
DATE: August 16, 2017
RE: LDR Amendments Group 3/CRA Plan Implementation (CDRV 17-
007) – Amending the LAND DEVELOPMENT REGULATIONS,
Chapters 1, 3, and 4 to continue implementing Community
Redevelopment Plan recommendations with changes in the future land
use classification scheme, and establishment of the new R-4, Multi-
family Residential Zoning District including amendments and
additions to definitions, and use and lot standards.
OVERVIEW
The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016.
Comprehensive implementation of the Plan will require a full “audit” and subsequent revisions
of existing zoning and other land development regulations, to be completed by the end of 2017.
However, some recommendations have immediate application to pending development projects
and will therefore be implemented incrementally as needed. Prior amendments processed or in
progress include establishing the MU-4 Mixed Use-4 Zoning District (adopted in January, 2017),
and the pending establishment of the Cultural District and Boynton Beach Boulevard District
Overlays (temporarily on-hold in the public hearing stage).
These recommendations are primarily amendments to the future land use (FLU) and zoning
district schemes including the merging of certain future land use classifications and zoning
districts, establishment of a new Future Land Use classification and zoning district, and minor
changes to the titles of the mixed use future land use classifications and corresponding zoning
districts. These recommendations are detailed in Tables #1 and #2 of Section “C” of the CRA
Plan, and are described in further detail below.
Page 51 of 206
- 2 -
EXPLANATION
Changes in FLU and zoning district titles, or the establishment of a new classification or zoning
district affects nearly all chapters of the City’s Land Development Regulations (LDR).
Regardless how minor or simple such changes may be, many chapters, sections and tables within
the LDR are affected and must be updated simultaneously to maintain a cohesive document.
Although each specific section and page is not described in this report (see attached Exhibit “A”
for each amendment), the different types of amendments proposed are each summarized as
follows:
• The elimination of the Moderate Density Residential (MoDR) Future Land Use Map
classification and placement of the corresponding zoning districts under the Low Density
Residential (LDR) Classification and using the maximum density threshold from the
MoDR classification of 7.5 units per acre;
• The establishment of a new “High Density Residential” (HDR) Land Use Classification
with a maximum density of 15 dwelling units per acre, along with the establishment of a
new corresponding zoning district, R-4, Multi-family Residential, to bridge the density
gap between the Medium Density Residential (11 dus/acre) and Special High Density
Residential (20 dus/acre) future Land Use Map classifications. Building and site
development standards must also be established for the new zoning district which mostly
match the standards of the R-3 Zoning District, except that a slightly lower minimum unit
size is proposed to, in part, support current market trends. A slightly higher maximum lot
coverage standard (50%) is proposed to correspond with denser development
characteristics and land values in the targeted environments. Zoning uses proposed to be
assigned to the new R-4 District also generally reflect the R-3 District uses except for the
exclusion of commercial uses. Commercial uses are shown assigned to the R-3 District as
part of the original Ocean Avenue Overlay District. The new R-4 District is not proposed
as part of the new overlay area and therefore is not intended to for commercial or mixed
use development.
• The conversion of the four (4) urban and suburban land use classifications into a single,
3-classification system which simple entails elimination of the “Mixed Use Suburban”
classification, and renaming Mixed Use Core (MX-C) Mixed Use High (MXH). The
resulting system includes MX-L, MX-M, and MX-H.
• The insertion of references to the Workforce Housing Program to coincide with the
recent amendments to, and status of this City program.
• General edits or “clean-up” amendments to provide proper reference to or description of
the new CRA Redevelopment Plan, improve clarity, and eliminate redundancy.
CONCLUSION/RECOMMENDATION
Staff proposes these code amendments to continue implementing the CRAs new Community
Redevelopment Plan and to support continued quality development and redevelopment of the
downtown and remaining CRA area.
Attachments
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\LDR Amendments Group 3\Staff Report.doc
Page 52 of 206
EXHIBIT “A”
LDR AMENDMENTS GROUP 3 / CRA PLAN IMPLEMENTATION
Code of Ordinances, Part III. LDR, Ch 1, Art. II. Definitions
MIXED USE ZONING DISTRICT - Whenever the words "mixed use district" or "mixed use zoning district" are used, they
are construed to include any or all of the following zoning districts: SMU suburban mixed use; MU-L1 Mmixed Uuse -–
low intensity 1; MU-L2 Mmixed uUse -– low intensity 2; MU-L3 Mmixed Uuse – -low intensity 3; MU-4 Mixed Use – 4
and MU-HC Mmixed Uuse-high intensityCore.
PLANNED ZONING DISTRICT - A zoning district in which the zoning of the is accompanied by and conditioned upon an
approved master plan for the use and/or development of the property. Whenever the words "planned district" or
"planned zoning district" are used, they are construed to include any or all of the following zoning districts: IPUD infill
planned unit development; PUD planned unit development; MHPD mobile home planned development; PCD planned
commercial development; SMU suburban mixed use; MU-L1 Mmixed Uuse - -low intensity 1; MU-L2 Mmixed Uuse - -
low intensity 2; MU-L3 Mmixed Uuse - -low intensity 3; MU-4 Mixed Use – 4; MU-HC Mmixed Uuse-high intensityCore;
and PID planned industrial development.
RESIDENTIAL ZONING DISTRICT - Whenever the words "residential district" or "residential zoning district" are used,
they are construed to include any or all of the following zoning districts: R-1-AAB single-family residential; R-1-AA
single-family residential; R-1-A single-family residential; R-1 single-family residential; R-2 single and two-family
residential; R-3 multi-family residential; R-4 multi-family residential; IPUD infill planned unit development; PUD
planned unit development; or MHPD mobile home planned development.
Page 53 of 206
Code of Ordinances, Part III. LDR, Ch 1, Art. III. Relationship to Comprehensive Plan
Sec. 5. Future Land Use Map (FLUM).
B. FLUM Classifications and Corresponding Zoning Districts (Table 1-1). The following table shows the
future land use map classifications and their corresponding zoning districts:
Zoning
Districts
Future Land Use Map (FLUM) Classification
(including maximum dwelling units per acre)
LDR
(5)
(7.5)
MoDR
(7.5)
MeDR
(10)
(11)
HDR
(11)
(15)
SHDR
(20) OC LRC GC
MXS
MXL
(20)
MX
MXM
(4050)
MX-C
MXH
(80)
I R PPGI DRI
R-1-AAB •
5
R-1-AA •
5.5
•
≤5.5
R-1-A •
6
•
≤6
R-1 •
7.5
•
≤7.5
R-2
• ≤10
R-3 • •
R-4 •
IPUD • • •
PUD • • • • •
MHPD • •
C-1 •
C-2 •
C-3 • •
C-4 •
CBD • •
PCD • • •
SMU • •
MU-L1
• •
≤20
MU-L2 •
MU-L3 •
MU-4 •
MU-HC •
M-1 •
PID • •
REC •
PU •
Page 54 of 206
Future Land Use Map Classifications:
LDR: Low Density Residential MXS: Mixed Use Suburban MXL: Mixed Use Low
MoDR: Moderate Density Residential MX: Mixed Use MXM: Mixed Use Medium
MeDR: Medium Density Residential MX-CH: Mixed Use CoreHigh
HDR: High Density Residential I: Industrial
SHDR: Special High Density Residential R: Recreation
OC: Office Commercial PPGI: Public & Private Government/Institutional
LRC: Local Retail Commercial DRI: Development of Regional Impact
GC: General Commercial
Page 55 of 206
Code of Ordinances, Part III. LDR, Ch. 3, Art. I. Overview
Sec. 4. Official Zoning Map
…
C. Establishment of Zoning Districts. The City of Boynton Beach is hereby divided into zoning districts as
follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is
hereby declared a part of the official zoning regulations:
R-1-AAB Single-family residential district
R-1-AA Single-family residential district
R-1-A Single-family residential district
R-1 Single-family residential district
R-2 Single- and two-family residential district
R-3 Multi-family residential district
R-4 Multi-family residential district
IPUD Infill planned unit development district
PUD Planned unit development district
MHPD Mobile home planned development district
C-1 Office and professional commercial district
C-2 Neighborhood commercial district
C-3 Community commercial district
C-4 General commercial district
CBD Central business district
PCD Planned commercial development district
SMU Suburban mixed use district
MU-L1 Mixed use-low intensity 1 district
MU-L2 Mixed use-low intensity 2 district
MU-L3 Mixed use-low intensity 3 district
MU-4 Mixed use 4
MU-HC Mixed use-high intensity Core district
M-1 Industrial district
PID Planned industrial development district
PU Public usage district
REC Recreation district
Page 56 of 206
Code of Ordinances, Part III. LDR, Ch 3, Art. III. Zoning Districts & Overlays
Sec. 1.B. Residential Building and Site Regulations (Table 3-1)
RESIDENTIAL R-1
AAB
R-1
AA
R-1
A R-1 R-2
Duplex
R-3
Multi
R-4
Multi IPUD PUD MHPD
Density (dwelling units per acre): 5 5.5 6 7.5 10 Flexible1311
15 Flexible1310 Flexible1310 Flexible1310
Project Area, Minimum (acres) N/A N/A N/A N/A N/A N/A N/A N/A 5+ 10+
Lot Area per unit, Minimum (square
feet): 9,000 8,00011
8 7,500 6,000 4,500 4,0001512 4,0001512 Flexible10 Flexible10 4,200
Lot Frontage, Minimum (feet): 90 75 60 60 75 100 100 Flexible10 Flexible10 N/A
Living Area, Minimum A/C (square
feet): 1,800 1,600 1,400 1,200 750 750 650 750
Flexible
750
Flexible N/A
Lot Coverage, Maximum: 45% 45% 45% 50% 40% 40% 50% 50% N/A N/A
Floor-Area-Ratio (FAR) for Non-
Residential, Maximum: N/A N/A N/A N/A 0.106 N/A N/A 0.206
N/A N/A N/A
Structure Height, Maximum (feet): 30 30 30 30 257 4586 45 4597 4586 30
Building Setbacks, Minimum (feet):
Front: 25 25 25 25 25 40 20 Flexible5 Flexible5 20
Interior side: 10 10118 7.5 7.5 10 20 20 Flexible5 Flexible5 5
Corner side: 254 254 254 254 254 40 20 Flexible5 Flexible5 101411
Rear: 204 204 204 204 254 40 40 Flexible5 Flexible5 101411
Special rear yard setback reductions for
1-story building additions abutting:
Maximum Percentage of Reduction:
I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A
Intracoastal Waterway (ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A
Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A
Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A
Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A
Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A
Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A
Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A
Perimeter wall abutting non-50% 50% 50% 50% N/A N/A N/A N/A N/A N/A
Page 57 of 206
residential:
Administrative Adjustment: Maximum Percentage of Reduction (to standard yard setback):
Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A N/A
Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A N/A
Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A N/A
General Notes: 1, 2 1, 2 1, 2 1, 2 3 3 1, 3 129
1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions
allowed by administrative adjustments.
2. An administrative adjustment to reduce a setback may be granted if any first floor addition follows the building line of a legally non-conforming single-family
structure, or a building line previously approved by a variance.
3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements.
4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot shall provide for front yard setbacks along both
streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard back setback shall be required, only side yard setbacks shall be imposed.
5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-
family zoning, required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said
development. Also, perimeter buildings shall have an increased setback of one (1) additional foot for every foot of building height in excess of thirty (30)
feet. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable recommendation from the respective
development plan.
6. A floor area ratio (FAR) may be considered for non-residential uses allowed within this zoning district (see "Use Matrix" – Chapter 3, Article IV,
Section 3.), and pursuant to the applicable future land use classification of the Comprehensive Plan.
7. Not to exceed two (2) stories.
86. Not to exceed four (4) stories. See Note #5 for additional setback requirements relative to building height.
97. A lesser building height may be required for compatibility with adjacent development properties. See Note #5 for more additional setback requirements
relative to building height.
10. Individual lots within an IPUD or PUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit.
118. The minimum lot area shall be seven thousand, five hundred (7,500) square feet and the minimum side yard shall be seven and one-half (7-1/2) feet for
properties developed and/or platted prior to June 13, 1975.
129. A tTotal usable open space shall be calculated at of two hundred (200) square feet of usable open space shall be required for each per dwelling unit (also
see Chapter 4, Article III, Section 8.).
1310. The maximum allowable density is determined by the applicable future land use classification of the Comprehensive Plan.
1411. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent zoning district(s), but with a minimum of the
setback required for a single-family residence.
1512. Multi-family dwellings and group homes require four thousand (4,000) square feet. All other uses allowed in R-3 and R-4 require twenty thousand
(20,000) square feet.
Page 58 of 206
Code of Ordinances, Part III. LDR, Ch. 3, Art. III. Sect. 1. Overview
E. Mixed-Use Urban Building and Site Regulations (Table 3-4)
MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-4 MU-HC
Lot Area, Minimum (acres):
Public park N/A N/A N/A N/A N/A
All other uses 0.50 0.75 1 1 1
Lot Frontage, Minimum (ft.)1 100 100 1502 200 200
Structure Ht., Minimum (ft.) 30 30 30 45 45
Maximum Height (ft.)53 45 65 75 100 150/12564
Maximum Density (DUs/Acre)1410, 1612 20 3040 4050 60 80
Maximum F.A.R.1511 1.0 2.0 3.0 4.0 4.0
Build-to-line (ft.)118:
All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement107
Abutting a Local street 0107 0107 0107 0107 0107
Interior side 0107 0107 0107 0107 0107
Building Setbacks, Minimum (ft.)118:
Rear abutting:
Residential single-family 2575/075,86 2575 2575 2575 2575
Intracoastal waterway 2575 2575 2575 2575 2575
Side abutting
Residential single-family 2575/075,86 2575 2575 2575 2575
Usable Open Space, Minimum (sq. ft.)139 N/A N/A N/A 1% 2%
1. May be reduced if frontage extends from right-of-way to right-of-way.
2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway.
53. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction
where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations.
64. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any other MU-L or residential zoning district not
separated by a right-of-way.
75. Plus one (1) additional foot for each foot of height over thirty-five (35) feet.
86. Where there is an intervening right-of-way of at least forty (40) feet.
9. Subject to permitting agency approval.
107. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at
intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required “Pedestrian Zone (PZ). Building placement is
a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is
18’, the minimum PZ in all other districts is 16 ft. See Section 5.C.2. below for additional relief provisions from build-to line requirements.
118. Listed eligible historic structures are not required to meet these standards. 139. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding
private recreation. See Chapter 4, Article III, Section 8 for additional regulations.
1410. Projects within the transit core shall have minimum densities as follows: MU-L1 - eleven (11), MU-L2 - twenty (20), MU-L3 - thirty (30), MU-4 - thirty-five
(35) and MU-HC - forty (40) dwellings per acre (except that minimum density for the MU- HC district applies to projects located within the entire station area).
1511. Projects within the transit core shall have a minimum FAR as follows: MU-L3 - one and three-quarters (1.75), MU-4 (2.0) and MU- HC - two (2.0) (except
that minimum FAR for the MU- HC district applies to projects to be located within the entire station area).
1612. The maximum density for projects within the Downtown Transit-Oriented Development District Overlay Zone (the Station Area) may be increased up to
twenty-five percent (25%) over the maximum density allowed in the underlying zoning district through participation in the City’s Workforce Housing Program.
Page 59 of 206
Code of Ordinances, Part III. LDR, Ch 3, Art. III. Zoning Districts & Overlays
Sect. 2 Residential Districts
G. R-4 Multi-family Residential District.
1. General. The purpose of the R-4 zoning district is to implement the High Density Residential (HDR)
future land use map classification of the Comprehensive Plan. The intent of this conventional district is to
provide for higher residential densities that support infill development opportunities. At the allowed
maximum density, intended development can provide a graduated transition to densities and intensities of
mixed use redevelopment projects in a compact form. Although this district is not a planned zoning
district, development attributes should similarly emphasize design that is sensitive to its context within
the urban redevelopment area, including interconnectivity and pedestrian accommodations, sustainable
and/or smart growth building and landscaping design, building placement and orientation of project to the
local street network and on-street parking.
2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D.
3. Building and Site Regulations (Table 3-10).
a. Existing and/or future single-family dwellings shall conform to the building and site regulations of
the R-1 district (see Table 3-8 in Section 2.D.3. above).
b. Duplex dwellings shall conform to the building and site regulations of the R-2 district (see Table 3-9
in Section 2.E.3. above).
c. Multiple-family and group homes shall conform to the lot and building requirements of that portion
of Table 3-10 below pertaining to "residential uses".
d. All uses, excluding single-family, duplex, multi-family, and group homes, shall conform to the lot
and building requirements of that portion of Table 3-10 below pertaining to "non-residential uses".
BUILDING/SITE REGULATIONS
R-4 District
(Residential Uses)
Minimum lot area (per unit): 4,000 s.f.
Minimum lot frontage: 100 feet
Minimum yard setbacks:
Front: 40 feet
Rear: 40 feet
Interior side: 20 feet
Corner side: 40 feet
Minimum living area: 650 s.f.
Maximum lot coverage: 50%
Maximum structure height: 45 feet
(Non-Residential Uses)
Minimum lot area: 20,000 s.f.
Minimum lot frontage: 100 feet
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Minimum yard setbacks:
Front: 40 feet
Rear: 40 feet
Interior side: 20 feet
Corner side: 40 feet
Minimum living area: N/A
Maximum lot coverage: 40%
Maximum Floor Area Ratio (FAR) N/A
Maximum structure height: 45 feet
4. Accessory Structures. Walls, fences, pools, sheds, screen-roof enclosures, and other structures are
regulated in accordance with Chapter 3, Article V, Supplemental Regulations.
5. Review and Approval Process.
a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to
and approval by the Building Official for structures that require a building permit pursuant to Chapter 2,
Article IV, Section 2.
b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project
signage may be subject to site plan review. In these instances, site plan approval shall be required prior to
application for building permit.
c. Multiple-family dwellings and non-residential uses shall require site plan approval in accordance
with Chapter 2, Article II, Section 2.F. prior to application for building permit.
6. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum
Off-Street Parking Requirements.
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Code of Ordinances, Part III. LDR Chapter 3, Art. III. Sec. 5. Mixed-Use (Urban) Districts.
A. General.
1. Purpose and Intent. The mixed-use (urban) zoning districts are mostly intended to implement the CRA Community
Redevelopment Plans, in part, by providing for a mixture of land uses, accommodating varying densities and intensities appropriate
for each planning areaCRA district, and by establishing quality streetscapes and pedestrian environments as part of a compact urban
setting. These mixed use districts also support transit ridership, and in particular, through higher density and intensity the
development of transit-oriented developments near planned passenger train stations along the FEC Railroad corridor, such as the
designated location along Northeast 4th Street, between Boynton Beach Boulevard and Ocean Avenuewithin the designated
Downtown Transit-Oriented Development District (DTODD). Additional standards and requirements of this section are based on
the proximity to the planned train station, and location within the transit core, which is defined as the area extending one-quarter
(1/4) mile from the train station (see map # to be determined). To ensure compliance with these Regulations, an application for site
plan approval shall be required and reviewed concurrently with any request to rezone lands to a mixed-use (urban) district, except as
provided in Section 2.D.1.e. Also see Chapter 4, Article III, Section 6.H. for design and compatibility standards. , as well as the
urban design guidelines for development within the Boynton Beach Community Redevelopment Area (urban design
guidelines). The objectives of the mixed-use (urban) districts are as follows:
a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact,
transit-supportive, high density and intensity development;
b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate
densities, heights, and mixtures of uses;
c. Create optimal pedestrian environments and spaces through well located public plazas, expanded public sidewalks,
maximized internal and external interconnectivity and design of pedestrian-friendly vehicular circulation areas;
d. Allow flexibility in architectural design and building bulk while maximizing compatibility and harmony with adjoining
development;
e. Create surrounding areas that complement rather than compete with the downtown; and
f. Create higher quality environments for residents, businesses, employees, and visitors as determined by how well the urban
centers function seamlessly with respect to interconnectivity between the principal uses, activity centers, and transportations
systems, forming a cohesive and desirable sense of place.
2. Description of Districts.
a. Mixed Use-Low Intensity 1 (MU-L1). The MU-L1 district implements the mMixed uUse Low (MXL) future land use map
(FLUM) classification of the Comprehensive Plan and has a maximum residential density of twenty (20) dwelling units per acre,
except within the Downtown Transit-Oriented Development District (DTODD) Overlay Zone (the Station Area), where the
maximum density is may be twenty-five (25) dwelling units per acre through participation in the City’s Workforce Housing
Program. In addition, projects located within the transit core of the Station Area shall have a minimum density of eleven (11)
dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is
partially or entirely located within the transit core.
b. Mixed Use-Low Intensity 2 (MU-L2). The MU-L2 district implements the mMixed uUse Medium (MXM) future land use
map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of thirty (30) dwelling units per acre,
except within the Downtown Transit-Oriented Development District (DTODD) Overlay Zone (the Station Area), where the
maximum density is may be thirty-seven and one-half (37.5) dwelling units per acre through participation in the City’s Workforce
Housing Program. In addition, projects located within the transit core of the Station Area shall have a minimum density of twenty
(20) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site
is partially or entirely located within the transit core.
c. Mixed Use-Low Intensity 3 (MU-L3). The MU-L3 district implements the mMixed uUse Medium (MXM) future land use
map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of forty (40) dwelling units per acre,
except within the Downtown Transit-Oriented Development District (DTODD) Overlay Zone (the Station Area), where the
maximum density is may be fifty (50) dwelling units per acre through participation in the City’s Workforce Housing Program. In
addition, projects located within the transit core of the Station Area shall have a minimum density of thirty (30) dwelling units per
acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely
located within the transit core.
d. Mixed Use-4 (MU-4). The MU-4 district implements the mMixed uUse core High (MX-CH) future land use map (FLUM)
classification of the Comprehensive Plan and has a maximum residential density of sixty (60) dwelling units per acre, except within
the Downtown Transit-Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is
may be seventy five (75) dwelling units per acre through participation in the City’s Workforce Housing Program. In addition,
projects located within the transit core of the Station Area shall have a minimum density of thirty five (35) dwelling units per acre.
This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely
located within the transit core. The intent of this new district is to facilitate the establishment of high density and intensity
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development nodes at strategic locations that support downtown redevelopment, while in certain location also providing a proper
continuum of, or transition in scale between the Mixed Use HighCore (MU-HC) and Mixed Use-Low 3 (MU-L3) Districts.
e. Mixed Use-High IntensityCore (MU-HC). The MU-HC district implements the mMixed uUse cCore (MX-C) future land
use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of eighty (80) dwelling units per
acre, except within the Downtown Transit-Oriented Development District (DTODD) Overlay Zone (the Station Area), where the
maximum density is may be one hundred (100) dwelling units per acre through participation in the City’s Workforce Housing
Program. In addition, projects located within the Station Area shall have a minimum density of thirty (30) dwelling units per acre.
This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely
located within the transit core. The intent of this district is to supplant the cCentral bBusiness dDistrict (CBD) in the historic
downtown and marina district.
3. Location and General Use Requirements.
a. General. The mixed use (urban) districts are intended for projects that promote sustainable design with respect to land use,
energy conservation, resource management, and social equity. Rezoning to any of these districts is encouraged for proposed
development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation
routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination.
The mixed use (urban) zoning districts shall be applied to selected geographic areas east of I-95, where a mixture of uses and
building intensities is intended to implement the city's Comprehensive Plan, CRA Community Redevelopment Plans, and urban
design guidelines including goals involving compact design, transit-oriented development, employment, population, transportation,
housing, public facilities, and environmental quality. Permitted uses and associated standards for development vary between the
zoning districts each reflecting the importance of the district's location and relationship to the downtown. Maximum heights,
densities, and intensities of development are regulated to achieve, in part, the intended vision as established within the
Redevelopment Plan for each of the six planning districts, while ensuring land use compatibility. A master plan as a whole,
comprised of individual buildings and parcels, would be reviewed for compliance with the requirements below pertaining to a
residential component to the project, and commercial use on the first floor of a project. Projects not meeting the requirement for a
residential component shall be reviewed for contribution to employment targets in accordance with FDOT standards for a
community center TOD.
b. All Mixed Use-Low Intensity Districts. Mixed uUse-low intensity 1 (MU-L1), mMixed use-low intensity 2 (MU-L2), and
mMixed uUse-low intensity 3 (MU-L3).
(1) In order to complement the revitalization efforts in the downtown area, the MU-L zoning districts shall be applied to
lands consistent with the Comprehensive Plan Future Land Use Map and respective CRA Community rRedevelopment
pPlans. Such areas are generally described as Woolbright Road between I-95 and the FLC Railroad, Boynton Beach Boulevard
between I-95 and Northwest 1st Street, Martin Luther King Jr. Boulevard, Southeast 4th Street south to Southeast 5th Avenue, and
Ocean Avenue between Southeast 4th Street and Southeast 1st Street. See the respective rCommunity Redevelopment pPlan for
specific recommendations on locations and boundaries.
(2) These MU-L districts are appropriate for low- to mid-rise developments that provide for medium density residential and
low to medium intensity commercial and office uses.
(3) The review of these applications will emphasize compactness, aesthetics and design quality, and physical compatibility
with adjacent land uses.
(4) Except where limited by Table 3-21 in Chapter 3, Article III, Section 5.C., all new developments within the MU-L1 and
MU-L2 districts that contain a non-residential use shall front on streets designated as "arterial", or "collector", roadways on the
Functional Classification of Roadways Map. All projects within the MU-L3 district and proposed within the transit core must
contain a residential component, and all projects proposed within these mMixed uUse-low intensity districts that front on an arterial
road must have space on the first floor devoted to commercial use.
(5) Maximum height may be further limited in certain geographic areas to further applicable redevelopment plans and
maintain compatibility with an abutting single-family district.
c. Mixed Use- 4 (MU-4).
(1) The mMixed uUse-high intensity4 (MU-4) district shall only be applied to lands classified as mixed use-core (MX-C)
on the future land use map as recommended by the Community Redevelopment Plan.
(2) The MU-4 district is appropriate for high density/intensity development intended for designated nodes such as properties
at the intersection of US-1 and Woolbright Road, and the downtown area, which is generally located east of the FEC Railroad,
including the marina district, and which extends out from the planned train station by approximately three (3) to four (4)
blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the
Downtown Transit-Oriented Development District Overlay Zone (the Station Area) must contain a residential component and have
space on the first floor which shall be devoted to commercial uses for those portions of the project having frontage along Ocean
Avenue or an arterial road.
(3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional
Classification of Roadways Map.
d. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed use zoning
district shall be subject to the following additional requirements:
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(1) Height, density and intensity of development shall be consistent with the redevelopment plan for the redevelopment
district;
(2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and one-quarter (1.25) foot (depth);
(3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety
standards; and
(4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property
abuts single-family residential zoning
cd. Mixed Use-High IntensityCore (MU-HC).
(1) The mMixed uUse-high intensityC (MU-HC) district shall only be applied to lands classified as mixed use-core high
(MX-CH) on the future land use map.
(2) The MU-HC district is appropriate for high density/intensity development intended for the downtown area, which is
generally located east of the FEC Railroad, including the marina district, and which extends out from the planned train station by
approximately three (3) to four (4) blocks. Such developments shall include a mix of uses designed in a compact vertical
style. Developments proposed within the Downtown Transit-Oriented Development District Overlay Zone (the Station Area) must
contain a residential component and have space on the first floor which shall be devoted to commercial uses for those portions of the
project having frontage along Ocean Avenue or an arterial road.
(3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional
Classification of Roadways Map.
de. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed use zoning
district shall be subject to the following additional requirements:
(1) Height, density and intensity of development based on the roadway frontage the standards indicated in Table 3-21;
(2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and one-quarter (1.25) foot (depth);
(3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety
standards; and
(4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property
abuts single-family residential zoning.
B. Use(s) Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D.
C. Building and Site Regulations.
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Sect. 5.C.1. Building and Site Regulations (Table 3-21).
MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-4 MU-HC
Lot Area, Minimum (acres):
Public park N/A N/A N/A N/A N/A
All other uses 0.50 0.75 1 1 1
Lot Frontage, Minimum (ft.)1 100 100 1502 200 200
Structure Ht., Minimum (ft.) 30 30 30 45 45
Maximum Height (ft.)53 45 65 75 100 150/12564
Maximum Density (DUs/Acre)1410, 1612 20 3040 4050 60 80
Maximum F.A.R.1511 1.0 2.0 3.0 4.0 4.0
Build-to-line (ft.)118:
All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement107
Abutting a Local street 0107 0107 0107 0107 0107
Interior side 0107 0107 0107 0107 0107
Building Setbacks, Minimum (ft.)118:
Rear abutting:
Residential single-family 2575/075,86 2575 2575 2575 2575
Intracoastal waterway 2575 2575 2575 2575 2575
Side abutting
Residential single-family 2575/075,86 2575 2575 2575 2575
Usable Open Space, Minimum (sq. ft.)139 N/A N/A N/A 1% 2%
1. May be reduced if frontage extends from right-of-way to right-of-way.
2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway.
53. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction
where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations.
64. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any other MU-L or residential zoning district not
separated by a right-of-way.
75. Plus one (1) additional foot for each foot of height over thirty-five (35) feet.
86. Where there is an intervening right-of-way of at least forty (40) feet.
9. Subject to permitting agency approval.
107. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at
intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required “Pedestrian Zone (PZ). Building placement is
a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is
18’, the minimum PZ in all other districts is 16 ft. See Section 5.C.2. below for additional relief provisions from build-to line requirements.
118. Listed eligible historic structures are not required to meet these standards.
139. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding
private recreation. See Chapter 4, Article III, Section 8 for additional regulations.
1410. Projects within the transit core shall have minimum densities as follows: MU-L1 - eleven (11), MU-L2 - twenty (20), MU-L3 - thirty (30), MU-4 - thirty-five
(35) and MU-HC - forty (40) dwellings per acre (except that minimum density for the MU- HC district applies to projects located within the entire station area).
1511. Projects within the transit core shall have a minimum FAR as follows: MU-L3 - one and three-quarters (1.75), MU-4 (2.0) and MU- HC - two (2.0) (except
that minimum FAR for the MU- HC district applies to projects to be located within the entire station area).
1612. The maximum density for projects within the Downtown Transit-Oriented Development District Overlay Zone (the Station Area) may be increased up to
twenty-five percent (25%) over the maximum density allowed in the underlying zoning district through participation in the City’s Workforce Housing Program.
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Code of Ordinances, Part III. LDR Ch. 3, Art. III. Sect. 8. Overlay Zones
B. Martin Luther King Jr. Boulevard Overlay Zone.
1. Intent. This overlay zone has been established to implement recommendations from the Vision 20/20
Redevelopment Plan, which identified a segment of the Martin Luther King Jr. Boulevard as an opportunity
for redevelopment and revitalization. The ultimate design and site standards of this section are intended to
create a traditional street corridor with pedestrian improvements, storefronts along the sidewalk, and a mixture
of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance, potted
landscaping, store windows and public open spaces. This overlay zone is also appropriate for development of
small properties to allow for consistency with the vision represented by the respective mixed use zoning
district, and/or as an interim redevelopment mechanism until greater redevelopment occurs using the
respective mixed use zoning district. All development within the Martin Luther King Jr. Boulevard corridor
shall occur according to the provisions of the adopted plan as stated below.
2. Defined. The Martin Luther King Jr. Boulevard Overlay Zone (MLKBOZ) is hereby established as the
area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and
west of Federal Highway right-of-way, along with those parcels adjacent to the north and south of these
parcels that front on the Boulevard if assembled and development as a unified project.
3. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3.D.).
4. Building and Site Regulations. Development within this Overlay Zone shall be in accordance with
building and site regulations applicable to the underlying zoning district except as follows:
a. Parcels that have frontage along Martin Luther King Jr. Boulevard shall have the same front setback
in accordance with the mMixed uUse-low intensity 1 zoning district (see Section 5.C. above).
b. Minimum interior and corner side setbacks shall be in accordance with the mMixed uUse-low
intensity 1 zoning district (see Section 5.C. above).
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Code of Ordinances, Part III. LDR Ch. 3, Art. V. Supplemental Regulations,
Sec. 10. Mobile Vendor Regulations.
A. Purpose and Intent. The purpose of this section is to provide for the regulation of mobile vending
activities, including assembly on public and private property, in certain commercial and mixed use zoning
districts of the city, in order to promote the public interest by contributing to an active and attractive
pedestrian environment. In recognition thereof, reasonable regulation of mobile vending is necessary to
protect the public health, safety, and welfare and the interests of the city in the primary use of public streets,
sidewalks, and parking areas, for use by vehicular and pedestrian traffic.
B. Definitions. See Chapter 1, Article II for specific definitions applicable to mobile vending units (MVU).
C. Approval Required. It shall be unlawful for any establishment or organization to engage in or carry on
the business of vending food, goods, or services, upon public or private property in the city without first
having secured a permit or permits as required by this section. See Chapter 2, Article II, Section 7.C. for the
process and procedure to obtain approval for an MVU.
It is not the intent of these Regulations to be applied to mobile vendors temporarily approved in conjunction
with a special sales event or Special Event Permit. See Section 6 above for additional regulations regarding
special sales events.
D. Districts. The operating area of an MVU shall be entirely located in the following zoning districts: C-
1, C-2, C-3, C-4, CBD, PCD, SMU, MU-L1, MU-L2, MU-L3, MU-4, MU-HC, M-1, PU, REC, PUD, and
PID.
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e. Zoning Districts and Affiliated Process (Table 3-29).
Zoning
District
Concealed
Attached
WCF 1
Non-
concealed
Attached
WCF 2
Concealed
Freestanding
WCF 4
Non-
concealed
Freestanding
WCF 4
Mitigation of
Existing WCF
7
Antenna
Element
Replacement
Co-location 8
R-1 CC 3 AD AD AD
R-2 AD CC 3 AD AD AD
R-3 AD AD CC 3 AD AD AD
R-4 AD AD CC3 AD AD AD
PUD AD AD CC 3 AD AD AD
IPUD AD AD CC 3 AD AD AD
MHPD CC 3 AD AD AD
C-1 AD CC AD AD AD
C-2 AD CC AD AD AD
C-3 AD AD CC AD AD AD
C-4 AD AD CC AD AD AD
CBD AD AD CC AD AD AD
PCD AD AD CC AD AD AD
REC AD AD CC CC 5,6 AD AD AD
PU AD AD CC CC 5,6 AD AD AD
SMU AD AD CC AD AD AD
MU-L-1 AD AD CC AD AD AD
MU-L-2 AD AD CC AD AD AD
MU-L-3 AD AD CC AD AD AD
MU-4 AD AD CC AD AD AD
MU-HC AD AD CC AD AD AD
PID AD AD CC CC AD AD AD
M-1 AD AD CC CC AD AD AD
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Legend:
AD - Administrative (Staff) Approval CC - City Commission (Public Hearing) Approval Blank - Not Allowed
Footnotes:
1 Concealed attached WCF shall only be allowed on building features that are a minimum of forty (40) feet in height, not to
exceed fifteen (15) feet above the roofline.
2 Non-concealed attached WCF are allowed on utility poles and freestanding lights within a public right-of-way, subject to
agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company.
3 Concealed freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-
residential use (school, church).
4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. Requires conditional use
approval. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the
maximum height shall be limited to one hundred (100) feet if located less than one thousand (1,000) feet from a residential use, and
one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use.
5 Only when located on city-owned property of two (2) acres or more.
6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required
from the property line of an adjacent residential use.
7 Replacement WCF with increased height requires public hearing approval.
8 Administrative approval unless on city-owned site and the lease requires each tenant to have a separate lease with city (each
lease requires City Commission approval as a lease amendment), or the lease requires written consent letter (City Commission
consent agenda).
Zoning Districts:
R-1 Single-Family Residential C-2 Neighborhood Commercial SMU Suburban Mixed Use
R-2 Duplex Residential C-3 Community Commercial MU-L-1 Mixed Use Low Intensity 1
R-3 Multi-Family Residential C-4 General Commercial MU-L-2 Mixed Use Low Intensity 2
R-4 Multi-Family Residential CBD Central Business District MU-L-3 Mixed Use Low Intensity 3
PUD Planned Unit Development PCD Planned Commercial
Development MU-4 Mixed Use 4
IPUD Infill Planned Unit Development REC Recreation MU-HC Mixed Use High Core
MHPD Mobile Home Planned
Development PU Public Usage PID Planned Industrial
Development
C-1 Office Professional M-1 Light Industrial
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f. Maximum Heights of WCF (Table 3-30).
Zoning
District
Concealed
Attached
WCF
Non-
concealed
Attached
WCF
Concealed
Freestanding
WCF
Non-
concealed
Freestanding
WCF
Mitigation
of
Existing
WCF
Antenna
Element
Replacement
Co-
location
R-1 55’ 3,4 7 7 7
R-2 2 55’ 3,4 7 7 7
R-3 1 2 55’ 3,4 7 7 7
R-4 1 2 55’ 3,4 7 7 7
PUD 1 2 75’ 3,4 7 7 7
IPUD 1 2 75’ 3,4 7 7 7
MHPD 55’ 3,4 7 7 7
C-1 2 55’ 4 7 7 7
C-2 2 55’ 4 7 7 7
C-3 1 2 75’ 4 7 7 7
C-4 1 2 75’ 4 7 7 7
CBD 1 2 130’ 4 7 7 7
PCD 1 2 75’ 4 7 7 7
REC 1 2 100’ 4 100’ 4,5,6 7 7 7
PU 1 2 100’ 4 100’ 4,5,6 7 7 7
SMU 1 2 70’ or less 4 7 7 7
MU-L-1 1 2 70’ or less 4 7 7 7
MU-L-2 1 2 70’ or less 4 7 7 7
MU-L-3 1 2 70’ or less 4 7 7 7
MU-4 1 2 70’ or less 4 7 7 7
MU-HC 1 2 70’ or less 4 7 7 7
PID 1 2 100-150’ 4 100-150’ 4 7 7 7
M-1 1 2 100-150’ 4 100-150’ 4 7 7 7
Footnotes:
1 Concealed attached WCF shall only be allowed on buildings that are a minimum of 40 feet in height, not to exceed 15 feet above the roofline.
2 Non-concealed attached WCF are allowed only on utility poles and freestanding lights that are more than 40 feet in height, and located within
a public right-of-way (subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company)
or on existing ball park light poles that are more than 50 feet in height. The total length of any antenna shall not exceed 15 percent of the
height of the existing utility or light pole.
3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a nonresidential use (school, church,
etc.). Maximum height is limited to 25 feet above the maximum building height of the zoning district.
4 A minimum separation of 750 feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed-use pod
with a residential component within a PID, the maximum height shall be limited to 100 feet if located less than 1,000 feet from a residential
use, and 150 feet if located in excess of 1,000 feet from a residential use. In all mixed-use districts height is limited to approved building
height or 70 feet whichever is less.
5 Only when located on City-owned property of two (2) acres or more.
6 Restricted to a maximum height of 60 100 feet. A setback of three (3) times the height of WCF structure required from the property line of
an adjacent residential use.
7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing
approval.
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g. Setbacks and Separation Between WCF (Table 3-31).
Zoning
District
Concealed
Attached
WCF
Non-
concealed
Attached
WCF
Concealed
Freestanding
WCF
Non-
concealed
Freestanding
WCF
Mitigation of
Existing
WCF
Antenna
Element
Replacement
Co-location
R-1
3,4
6
7
R-2
2 3,4
6
7
R-3 1 2 3,4
6
7
R-4 1 2 3,4 6 7
PUD 1 2 3,4
6
7
IPUD 1 2 3,4
6
7
MHPD
3,4
6
7
C-1
2 3,4
6
7
C-2
2 3,4
6
7
C-3 1 2 3,4
6
7
C-4 1 2 3,4
6
7
CBD 1 2 3,4
6
7
PCD 1 2 3,4
6
7
REC 1 2 3,4 4,5 6
7
PU 1 2 3,4 4,5 6
7
SMU 1 2 3,4
6
7
MU-L-1 1 2 3,4
6
7
MU-L-2 1 2 3,4
6
7
MU-L-3 1 2 3,4
6
7
MU-4 1 2 3,4
6
7
MU-HC 1 2 3,4
6
7
Page 71 of 206
PID 1 2 3,4 4,5 6
7
M-1 1 2 3,4 4,5 6
7
Footnotes:
1 Concealed attached WCF shall only be allowed on buildings that are a minimum of forty (40) feet in height, not to exceed fifteen
(15) feet above the roofline.
2 Non-concealed attached WCF are allowed only on utility poles and freestanding lights that are more than forty (40) feet in height,
and located within a public right-of-way (subject to agreement with the agency representative with jurisdiction over the right-of-way
and/or the utility company) or on existing ball park light poles that are more than fifty (50) feet in height. The total length of any
antenna shall not exceed fifteen percent (15%) of the height of the existing utility or light pole.
3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use
(school, church, etc.). Maximum height is limited to twenty-five (25) feet above the maximum building height of the zoning district.
4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. In industrial districts, except
where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred
(100) feet if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of
one thousand (1,000) feet from a residential use. In all mixed use districts height is limited to approved building height or seventy
(70) feet whichever is less.
5 Only when located on city-owned property of two (2) acres or more.
6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required
from the property line of an adjacent residential use.
7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public
hearing approval.
Page 72 of 206
Code of Ordinances, Part III. LDR Ch. 4, Art. III. Exterior Building and Site Design Standards
Sect. 5. Design Standards for Specific Uses in the Use Matrix
The following uses, which correspond with the Notes and Restrictions of Chapter 3, Article IV, Section 3.D,
contain special standards related to exterior building and site design:
A. Group Home Type 1and Type 2. For new construction, the facility shall have building elevations that
are residential in character and similar in appearance to the surrounding neighborhood. They shall not be
institutional in appearance.
B. Auto Dealer, New. Within the MU-L3 and MU-HC districts, the following shall apply: Overhead doors
shall not be visible from any major roadway frontage.
C. Auto Dealer, Used. Within the MU-L3 and MU-HC districts, the following shall apply: Overhead doors
shall not be visible from any major roadway frontage.
D. Gasoline Stations. All Gasoline Stations located on designated out-parcels to shopping centers, business
centers, or other planned commercial developments shall conform in design to the approved design plan of the
principal center.
E. Automobile Rental. Within the MU-L3 and MU-HC districts, the following shall apply: Overhead doors
shall not be visible from any major roadway frontage. See Section 3.G above for additional regulations
regarding overhead doors.
…..
H. Storage, Self-Service. For all Self-Service Storage facilities adjacent to or visible from any arterial right-
of-way roadway, the following shall apply:
1. The exterior colors, facades, windows, roof, and building materials shall be compatible with the
character of, or vision for the surrounding. Self-service Storage facilities shall incorporate design elements to
achieve the effect of office structures.
2. All facades visible from arterial roadways shall provide variety and interest in the facade(s). These
facades shall not exceed 50 feet in length without visual relief by means of a vertical reveal at least one (1)
foot in depth and 10 feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall
include, roof slope and materials, windows, awnings, fencing and other aesthetic elements.
3. Within the SMU, MU-L1, MU-L2, and MU-L3 districts, the following shall apply: Buildings shall be
designed to have the appearance of a multi-story retail, office, and/or residential structure through the use of
similar windows, shutters, and appropriate building elements on the upper floors.
…..
Sec. 6. Design Standards for Development in Urban Areas.
A. General.
1. Purpose and Intent. The location of buildings/structures and off-street parking areas proposed for a
development can directly impact the aesthetic fabric and quality of life for surrounding properties and the
community as a whole. It is the purpose of this section to provide design standards that are tailored to distinct
geographic areas of the City to ensure that the location and appearance of buildings/structures and off-street
parking areas are appropriate with the type, intensity, scale, and location of redevelopment and new
development. The intent of this section is to promote standards that are functional, practical, equitable, and
creative.
2. Applicability. Unless otherwise specified, these standards shall apply to new projects and major
modifications to existing developments located in the following:
a. All properties currently zoned:
(1) Central Business District (CBD); or
Page 73 of 206
(2) Any "Mixed-Use (Urban)" district. For the purpose of this section, Mixed-Use (Urban) districts
shall include the Mixed Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), Mixed Use-
Low Intensity 3 (MU-L3), Mixed Use-4 (MU-4), and Mixed Use-High IntensityCore (MU-HC) district.
b. Any commercially zoned property located:
(1) Along Boynton Beach Boulevard, east of Interstate 95 and west of the Florida East Coast (FEC)
Railroad right-of-way;
(2) Within the Urban Commercial District Overlay Zone (UCDOZ); and
(3) Within the Martin Luther King Junior Boulevard Overlay Zone (MLKBOZ).
…..
G. Sidewalks. The following regulations shall apply to sidewalks:
1. "Urban Mixed Use" Districts. The following regulations shall apply to sidewalks in all Urban Mixed
Use zoning districts as described in Section 6.A.2.a.(2) above:
a. Materials. Sidewalks shall, where practical, be Holland-Stone pavers, red/charcoal color mix 2 by
Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the consistent with the current
design elements in place along Federal Highway.
b. Design. Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular
ways and parking spaces.
In all cases, pedestrian access shall be provided to public walkways.
2. Mixed Use-High IntensityCore (MU-HC) District. Sidewalks constructed along arterial roadways
shall be a minimum of ten (10) feet wide, measured from the back of the curb.
3. Mixed Use Developments. Sidewalk accents via pavers or stamped colored concrete shall be utilized
in all central pedestrian ways of mixed-use development areas.
…..
Sec. 8. Open Space and Plaza Requirements.
A. General.
1. Purpose and Intent. Open air and semi-enclosed public gathering spaces can act as central organizing
elements in a large development. They can also contribute to the relationship between different land uses and
provide focal points and anchors for pedestrian activity.
2. Conflict. Whenever the regulations and requirements of this code are at conflict with any other
lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply.
Additionally, specific design provisions within the zoning district regulations of this subsection shall take
precedence over the General Design Standards of Section 7.B. below.
3. Applicability (by Zoning District).
a. Mixed Use-4 (MU-4) and Mixed Use-High IntensityCore (MU-HC) Districts. Pursuant to Chapter 3,
Article III, Section 5.C.1, usable open space shall be required for all developments two (2) acres in size or
larger. A minimum of two percent (2%) of the site Such space shall be devoted to usable open space,
consisting of plazas or public open space, excluding private recreation areas.
Page 74 of 206
Code of Ordinances, Part III. LDR Ch. 4, Art. V. Min. Off-Street Parking Requirements
Sect. 2. Standards
B. Table 4-17. Residential and Lodging Uses.
Residential and Lodging Uses Standard Number of Required Parking Spaces
Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise.
Single-family, duplex dwelling, or mobile home: x1, 2
Efficiency or one (1)-bedroom apartment: 1.51,2, 3
Within mMixed uUse highCore district: 1.333
Two (2) or more bedroom apartment: 21,2, 3
Within mMixed uUse highCore: 1.662,3
Dormitories: 1 per unit
Hotel & motel suite: 1.25 per unit6
Within mMixed uUse highCore: 1 per unit
Group home (types 1, and 2): 21, 2
Group home (type 3) 1 per 3 beds
Bed & breakfast: 12, 4
Live/work unit: 1 per 2 units5
1. A minimum of two (2) spaces are required per unit, or 1 space per bedroom, whichever is greatest.
Except that dwellings with 5 or more bedrooms are required 1.5 spaces per bedroom. This requirement
shall apply to new construction, reconstruction, expansion of existing homes that increase the number
of bedrooms, or when the home is the subject of an application for a business tax receipt or
certification of use.
2. Residential driveways can be used to satisfy, or partially satisfy the parking space requirements for
single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages,
provided such driveways are of sufficient size to meet the parking space requirements of this
subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a
certificate of occupancy. If garages are used towards meeting minimum parking requirements, said
garages shall remain open and available for vehicle parking consistent with the design represented at
time of approval. For all required parking spaces not located within an enclosed garage, the first
parking space shall be the minimum size required for a handicap space, exclusive of public or private
rights-of-way, and all other required spaces must be dimensioned in accordance with current city
standards. All driveways shall be setback at least two (2) feet from interior side and corner side
property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the
public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning
permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter
2, Article II, Section 5.B.; however, any driveway expansion (or similar impervious surface) that is
equal to or greater than eight hundred (800) square feet shall require the approval of a land
development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a
driveway, proposed within the swale (right-of-way) shall require a permit from the Engineering
Division in accordance with the procedures specified in Chapter 2, Article III, Section 4.
Page 75 of 206
3. Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments
consisting of three (3) or more dwelling units.
4 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or
owner and one (1) parking space for each guest unit. Newly created parking may be located only in
the rear and side yard.
5 In addition to the required parking for the residential unit, the city requires that one (1) parking space
per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this
requirement shall be located on the lot, built into or under the structure, or within three hundred (300)
feet of the unit in which the use is located. The distance shall be a straight line measurement from a
point on the boundary line of the property of the subject unit to the closest boundary line of the
property on which the parking is located. Parking provided to accommodate said space, including
driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking
for the unit's residential use.
6 Hotel/motel uses open to the general public, such as a restaurant or lounge, shall provide parking at a
rate of fifty percent (50%) of the requirement of a standalone operation.
Page 76 of 206
Code of Ordinances, Part III. LDR Ch. 3, Art. IV. Sect. 3.D Zoning Matrix
Use Matrix (Table 3-28).
P = Permitted
C = Conditional
A = Accessory
Residential Commercial Mixed-Use Industrial Misc.
R-1-
AAB
R-1-
AA R-1-A R-1 R-2 R-3 R-4 IPUD
√ PUD MHP C-1 C-2 C-3 C-4 CBD PCD SMU MU-
L1
MU-
L2
MU-
L3 MU-4 MU-
H
M-1 PID PU REC
RESIDENTIAL & LODGING
Accessory Dwelling Unit P
36
P
36 P 36 P 36 P 36 P 36 P 20
36
P 20
36
Bed & Breakfast C 37 C 37 C 37 C 37 C
37
C 37 C 37
Dwelling, Single- family
(detached) P 34 P 34 P
34 P 34 P 34
P
19
34
P P 34 P 34 P 18
19 34 P 34
A 20
34
A 20
34
Dwelling, Two-family
(duplex) P 34 P 19
34
P P 34 P 34 P 18
19 34
P 34
38 C 34 P 34
38 P 34 P 34 P
34 P 34
C
34 A 20
34
A 20
34
Dwelling, Multi-family P 19
34
P P 34 P 34 P 18
19 34
P 34
39 C 34 P 34
39 P 34 P 34 P
34 P 34
P
6
34
P
6
34
P 27
34
A 20
34
A 20
34
Dwelling Units in Mixed
Use Buildings P 18
19 34
P 18
19 34 P 34 P 34 P 34 P
34 P 34
P
6
34
P
6
34
P 27
34
A 20
34
A 20
34
Group Home Type 1 (2 per
room up to 10 residents,
limited service)
P 40 P 40 P
40 P 40 P 40 P 40
Group Home Type 2 (2 per
room up to 14 residents,
limited service)
P
14
40
C
40
C
40 C
40
Group Home Type 3
(comprehensive service)
C
14
40
C
14
40
C
40 C 40 C 40 P 40 P 40 C
40
C
40
C
40
C
40
Hotel & Motel P 41 P 41 P 41 P 41 C 41 C 41 C
41 C 41 P 41 P
41 P 41
Page 77 of 206
Live-Work Units P 42 P 42 P
42
P
42
P
42
P
42 P 27
Manufactured Home P
34
Townhouse P 19
34
P P 34 P 34 P 18
19 34 P 34 C 34 P 34 P 34 P 34 P
34 P 34 P 34
P
34
P 27
34
A 20
34
A 20
34
COMMERCIAL
Retail Sales
Art, Book, Craft, Hobby,
Music, Sporting Goods, &
Toys
P 18
P 1 P P P 43 P P 10
17 P 17 P
17 P 17 P 17
P
17
P 28
43 A 20 A 20
Auto Dealer, New
P 14
16 44
P
14
16
44
P 44
Auto Dealer, Used
P 14
16 44
P
14
16
44
P 44
Automotive Parts Store
P P P P P 17 P 17 P
17 P 17
P
17 P 23 P 27
Beer, Wine, & Liquor
Store
P 35 P 35 P 35 P 17
35
P 17
35
P
17 35
P 17
35
P 17
35
P
17
35
P 15
27 35
Boat Dealer/Rental
C 45 A 16
45
A
16
45
Cleaning Supply Store
(Swimming Pool,
Janitorial)
P 1 P P P P P 17 P 17 P
17 P 17
P
17 P 22 P 28
Clothing & Accessories P 18 P 1 P P P P P 10
17 P 17 P
17 P 17 P 17 P
17 P 28
30
Convenience Store
P 2 3
8 35
P
2
3 35
P
3 35
P
3 35
P
7 35 P 35 P 17
35
P 17
35
P
17 35
P 17
35
P
1
11
P
17
35
P 22
35
P 15
27 35
Cosmetics, Beauty supply, P 18 P 1 P P P P P 10 P P P P P P 28
Page 78 of 206
& Perfume 17 30
Electronics & Appliance
Store P 1 P P P P P 10 P 14 P
14 P 14 P
17 P P 22 P 28
30
Florist P 18
P
1
8
P
1 P P P P P 17 P 17 P
17 P 17 P 17 P
17 P 22 P 27
Furniture & Home
furnishing P 18 P
1 P P P P P 10
17 P 17 P
17 P 17 P 17 P
17 P 22 P 2 28
30
Gasoline Station
C 46 C 46 C 46 C 46 C 16
46
C
16
46
Grocery Store
P P P P 10
17
C 17
47
P
17 47
P 17
47 P 17
P
17
47
P 27
Hardware Store
P 2 P P P 48 P P 17 P 17
48
P
17 48
P 17
48
P 17
48
P
17
48
P 22 P 27
48
Health & Personal Care
(Eyeglass, Medical
Supplies, Hearing-Aids)
P 18
68
P P P P P P P 17 P 17 P
17 P 17 P 17 P
17 P 22 P 27
Home Improvement
Center P P P 10
16 P 16
27 49
Jewelry, Luggage, &
Leather Goods P 18 P
1 P P P P P 17 P 17 P
17 P 17 P 17 P
17 P 28
Marine Accessories
P
1 50 P P P P P 17 P 17
50
P
17 50
P 17
50
P 17
50
P
17
50
P 22 P 28
Merchandise, New
(Supercenter, Discount,
Department, Club)
P P P 10
16
P 16
27 51
Merchandise, Used
(Antique Shop) P 18
52
P 1 52 P 52 P 52 P 52 P 25 P 17
52
P 17
52
P 17
52
P 17
52
P 17
52
P
17
52
P 27
52
Merchandise, Used
(Other) P 53 P 53 P 53 P 15
27 53
Mobile Vending Unit
(MVU) P 54 P 54 P 54 P 54 P 54 P 54 P 54 P 54 P 54 P 54 P
54 P 54
Multiple-Vendor Market P 55 P 55 P 55 P 15
Page 79 of 206
27 55
Novelty, Gift, Souvenir, &
Miscellaneous P 18
P
1 P P P P P 17 P 17 P
17 P 17
P
1
11
P
17 P 27 A 20 A 20
21
Nursery, Garden Ctr. &
Farm Supply
P
2 3 56
P
3 56
P
3 56 P
3 56
P
3 22
56
Office Supplies &
Stationery P
1 P P P P P 17 P 17 P
17 P 17 P 17 P
17 P 28
Pet Store & Supplies P 18 P
1 P P P P P 17 P 17 P
17 P 17 P 17 P
17 P 28
Pharmacy & Drug Store
P
1 57
P
2 57 P 57 P 57 P 57 P 57 P 17
57
P 17
57
P
17 57
P 17
57
P 17
57
P
17
57
P 15
27 57
Restaurant P 18
58
A 58 P
2 58 P 58 P 58 P 58 P 58 P 17
58
P 17
58
P
17 58
P 17
58
P 17
58
P
17
58
P 58 P 27
58
A 20
58
A 20
21 58
Restaurant, Take-out P 18
P
2
8
P
2 P P P P P 17 P 17 P
17 P 17 P 17 P
17 P 59 P 28 A 20 A 20
21
Showroom warehouse
(single-product line) P 100 P 100 P 100 P 100
Specialty Food Store P 18
P
2 P P P P P P P P
P
2
11
P P 27
Tile and Carpet P P P P 10
17 P 17 P
17 P 17
P
17 P 22 P 24
28
COMMERCIAL
Services
Auto Broker P P P P P P P P
Auto/Car Wash
(Polishing, Waxing,
Detailing)
A 60 C 60 C 60 C 60
A 60
Auto/Car Wash, Self-
serve Bay C C C
Automobile Rental A 61 P C 61 P 16 P
Page 80 of 206
3 61 61 16
61
Automotive, Minor Repair A 62 C 62 P
3 62 C 62 P
3 62 A 62
Automotive, Major Repair P 3 13
63
Automotive Window
Tinting/Stereo
Installation/Alarms
A 64 P 64 P 64 C 64
P 64 P 26
Bar & Nightclub C C C C C 16 C
14 16
C 14
16 C 16 C
16 C 27
Caterer P P P P P P 22 C
Check Cashing P 65 P 65 P 65 P 27
Coin-operated Laundry P
1 8 P
1 P P P P P 17 P 17 P 17 P 17 P 27
Day & Trade Labor Pool
(Temporary Help) C P 13
Dry Cleaner
P
2
8 66
P
2 66 P 66 P 66 P 66 P 66 P 66 P 66 P
66 P 66 P 66 P
66
P 22
66
P 27
66
Fortune Teller, Palm
Reader, or Psychic P 22
Funeral Home C C P
3
P
3 P
3 C 16 C
16 C 16 A
3 67
Interior Decorator Studio P 18 P P P P P P 11 P 11 P
11 P 11 P 11 P
11 P 22 P
Landscaping Debris
Stockpiling C 103
Locksmith P
1 P P P P P 22 P
Mobile Vending Unit
(MVU) P 54 P 54 P 54 P 54 P 54 P 54 P 54 P 54 P 54 P
54 P 54 P 54 P
54 P 54 P 54 P 54 P 54
Personal Care (Beauty,
Hair, Nails) P 18
68
P
8 68 P
1 68 P 68 P 68 P 68 P 68 P 17
68
P 17
68
P
17 68
P 17
68
P 17
68
P
17
68
P 22
68
P 27
68
Pet Care (Boarding and A 69 C 69 C 69 C 69 C 69 C 16 C 16 C P C 27
Page 81 of 206
Daycare) 69 69 16 69 3 22
69
69
Pet Care (Grooming) P P P P P P 17 P 17 P
17 P 17 P 17 P
17 P 22 P 27
Pet Care (Veterinary
Services) P P P P P P P 16 P 16 P
16 P 16 P 16 P
16 P 22 P 27
Photography Studio P 18 P P 18 P P P P P 17 P 17 P
17 P 17 P 17 P
17 P 22 P 27 A 20 A 20
Postal/Mail Center
A 70 P
1 70 P 70 P 70 P 70 P 70 P 16
70
P 16
70
P
16 70
P 16
70
P 16
70
P
16
70
P 22
70
P 28
70
Repair/Maintenance,
Personal and Household
Goods
P
1
8
P
1 P P P P P 17 P 17 P
17 P 17 P
17 P 22 P
Repair, Rental, & Maint
of Home/Garden Tools P 71 P P 71 P 12
Repair, Rental, & Maint
of Office, Home Equip P P P P P P 10
17 P 17 P
17 P 17 P
17 P P
Travel Agency P 18
19
P
1
P
1 19 P P P P P 17 P 17 P
17 P 17 P 17 P
17 P 22 P 27
Tuxedo, Formal Wear,
Costume Rental P
1 P P P P P 17 P 17 P
17 P 17 P 17 P
17 P 27
Videos, Games & DVD
Rental P
1 P P P P P P 14 P
14 P 14 P P P 27
OFFICE & HEALTH CARE
Bank and Financial Office P P
1 P P P P P 16 P 16 P
16 P 16 P 16 P
16 P 27
31
Business or Professional
Office P 18
19
P
8 P P 18
19 P P P P P 73 P 73 P
73 P 73 P 73 P
73 P 22 P 28
31
Call Center P P P P P
5 P P
5
P
5
P
5
P
5
P
5
P
5 P 13 C 29
Copying, Printing, and
Sign Design P P
2 P P P P P 17 P 17 P
17 P 17 P 17 P
17 P 22 P
Counseling P P
1 P P P P P 16 P 16 P
16 P 16 P 16 P
16 P 22 P 27
31
Diet/Nutrition Center P P P P P P 17 P 17 P P 17 P 17 P P 22 P 27
Page 82 of 206
1 17 17 31
Hospital P 72
Information and Data
Processing P P
1 P P P P P P 29
Investigative Service P 8 P P
1 P P P P P 16 P 16 P 16 P 16 P 16 P
16 P 22 P 27
31
Manufacturer
Representative P
1
P
1 P P P P P P P 24
28 31
Medical Care or Testing
(In-patient)
P 14
101
102
P 14
101
102
P 14
101
102
P 14
101
102
Medical or Dental
Imaging/Testing/ Support
Services
P P
1 P P P P P 16 P 16 P
16 P 16 P 16 P
16 P 22 P 24
27 31
Medical or Dental
Laboratory P P 13 P 29
Medical or Dental Office
(Out-patient) P P
1 P P P P P 16 P 16 P
16 P 16 P 16 P
16 P 22 P 27
31
Real Estate Business P 18
19
P P 18
19 P P P P P 16 P 16 P
16 P 16 P 16 P
16 P 27
31
Social Service Agency C 74 C 74 P P
Temporary Employment
Agency P P P P P P P 16 P 16 P
16 P 16 P 16 P
16 P 27
31
ARTS, ENTERTAINMENT & RECREATIONAL
Adult Entertainment C 75 C 75 C 75 P 13
75 P 75
Artist Studio P 18 P 18 P 76 P 76 P 76 P 76 P 76 P 76 P
76 P 76 P 76 P
76 P P A 20 A 20
Arts Campus P 18 P 18 P 18
Entertainment, Indoor P
1 77 P P P P P 11 P 11
14
P
11 14
P 11
14 P 11 P
11
P 22
77 P 27 A 21
Entertainment, Outdoor C 78 C 78
Gym, Fitness & Health
Club P 18
19
P P P P P 10
11
P 11
14
P
11 14
P 11
14 P 11 P
11 P 27
Indoor Athletic P 18 P P P P P P P 14 P P 14 P P P P
Page 83 of 206
Instruction/Training 19 1 1 14 1 1
Marina, (including Yacht
Club)
P 79 P 79 P 11
79
P 11
79
P 11
79
P 11
79
P
11
79
Museum P 18 P 18 P
P P 18
Rentals, Recreational
(bicycles, canoes, personal
watercraft)
P P P P P 11 P 11
14 80
P
11 14
80
P 11
14 80 P 11 P
11 A 21
Shooting Range, Indoor P P P P
4 29
Sightseeing & Scenic
Tours
P 81 P 81 P 81 P 81 P 81 P 81 P 11
81
P 11
81
P 11
81
P 11
81
P 11
81
P
11
81
Theater P 18
82
P 18
82 P 82 P 82 P 82 P 82 P 11
82
P 11
14 82
P
11 14
82
P 11
14 82
P 11
82
P
11
82
P 20
82
P 18
82
PUBLIC & CIVIC USES
Cemetery
A
3
83
A
3
83
A
3
83
A
3
83
A
3 83
A
3
83
A
3
83
A
3
83
P
Church C 33
84
C 33
84
C
33 84
C 33
84 C 84 C 84 P P P P
15
P
15
P
15
P
15
Civic & Fraternal Club/
Organization P
3
P
3 C 15 C 14
15
C
14 15
C 14
15
Government, Municipal
Office/ Emergency/ Civic
Facilities
P 85 P 85 P
85 P 85 P 85 P 85
P
85 P 85 P 85 P 85 P 85 P 85 P 85 P 85 P 85 P 85 P
85 P 85 P 85 P
85 P 85 P 25 P P
Government, Municipal
Utility/ Support Facilities P
Government, Non-
Municipal Office
Facilities
P
1
P
1
P
1
5
P
1
P
1
5
P
1
5
P
5
86
P
86
P
86
P
5
86
P
5
86
P
5
86
P
86
P 24
25 28
31 86 P
Government, Non-
Municipal Utility/ Support
Facilities
P
Government, Post Office C C C C C C C P
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EDUCATIONAL
College, Seminary,
University P P C C P 15 P
15 P 15 P
Day Care C 33
87
C 33
87
C
33 87
C 33
87 C 87 C 87 P
8 87 C C C C C C 87 P 11 P 11
14
P
11 14
P 11
14
P
11
P
11 P 22
School, Industrial & Trade C P 22 P 26
School, Primary and
Secondary C 33 C 33 C
33 C 33 C C P P 25 P
School, Professional &
Technical P 18 P P 18 P P P P P 15 P 15 P
15 P 15 P
15 P 24
27 31
Tutoring and Testing
Centers P P P P C P P 11 P 11 P
11 P 11 C
11
C
11 P 22 P 24
27 31
INDUSTRIAL
Manufacturing, Fabrication & Processing
Bakery, Commercial C
9 P
9 P 26
Beverage Mfg C
9 P
9 P 26
Converted Paper Product
Processing P 13 P 26
Dairy Products Mfg C
9 P
9 P 26
Electrical Equipment,
Appliance & Component
Assembly
P 13 P 26
Food Processing C
9 P
9 P 26
Footwear & Other Leather
Products P 23 P 26
Frozen Food C
9 P
9 P 26
Furniture Products P 23 P 26
Glass Products P 23 P 26
Ice Cream & Frozen
Dessert C
9 P 9 P 26
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Jewelry Mfg P 23 P 26
Medical Equipment &
Supplies P 23 P 26
Metal, Fabricated
Products P 23 P 26
Motor Vehicle Seating &
Interior Trim P 23 P 26
Ornamental, China, Fine
Earthenware, & Pottery P 23 P 26
Paint, Coating &
Adhesive P 23 P 26
Pharmaceutical &
Medicine P 23 P 26
Plastic Products P 23 P 26
Rubber Products P 23 P 26
Soap & Toiletry P 23 P 26
Sporting Goods and Toys P 23 P 26
Stone cutting & finishing P 23
88
P 26
88
Textile Products P 23 P 26
Wood Products P 23 P 26
INDUSTRIAL
Storage, Distribution & Wholesale Trade
Packing & Shipping,
Trucking, and Moving P 13 P 29
Storage, Boats/
Motor/Recreational
Vehicles
A 89 A
89 A 89 A
89
P 13
89
Storage, Self-Service
C
5 11
90
C
5 11
90
C
5
11 90
C
5 11
90
P 90
Warehouse, Internet Sales P P P 26
Warehousing C 12 P 23 P 26
Wholesale Trade C 12 P 23 P 26
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INDUSTRIAL
Services
Boat Repair P 13
91
Carpet and Upholstery
Cleaning Services P 92 P 22 P 26
Contractor P 93 P 23
93
C 29
93
Dry Cleaning Plant P 13 P 26
Exterminating and Pest
Control P 3 13 P 26
Glass and Mirror P P 23 P 26
Janitorial and General
Cleaning P P 13 P 26
Lawn Maintenance &
Landscaping Service P 94 P 13
94
Publishing & Commercial
Printing P 23 P 26
Radio & TV Broadcasting P 95 P 95 P 95 P 95 P 95 P 95 P 95 P 29
95
Recording Studio P P P P P P 29
Rental/Leasing, Industrial
& Commercial Equipment P 13
32
Repair/Maint enance,
Industrial & Commercial
Equipment
P 13
32
Research & Development,
Scientific/ Technological P 96 P 29
96
Security Services P P P P 13 P 29
Sewer/Septic & Waste
Mgmt Cleaning
P
3 13
97
C
4 26
97
Taxi, Limo, Charter Bus
P
1 98 P 98 P 98 C 98 P 98
P
3 13
98
Testing Laboratory P 13 C 26
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Towing, Motor Vehicle P 3 13
AGRICULTURAL
Community Garden P
99 P 99 P
99 P 99 P 99 P 99 P
99 P 99 P
99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P
99
P
99
P
99
P
99
1. General Note. Gross floor area shall not exceed five thousand (5,000) square feet.
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Code of Ordinances, Part III. LDR Ch. 3, Art. IV. Sect. 3.D Zoning Matrix Notes
1. General Note. Gross floor area shall not exceed five thousand (5,000) square feet.
2. General Note. The gross floor area shall not exceed ten thousand (10,000) square feet.
3. General Note. Conditional use approval shall be required if located within one hundred (100) feet from a
residential zoning district or mixed use zoning district.
4. General Note. As a principal or accessory use, it is allowed if there is a minimum separation of three
hundred (300) feet between such use and a residential zoning district. The distance shall be measured in a
straight line from the property line of the subject use to the property line of the residential zoning district.
5. General Note. This use shall be prohibited on the first floor.
6. General Note. For those projects with frontage on an arterial road, this use is allowed as a permitted use if
the ground floor fronting the arterial is devoted to office or retail use; otherwise, conditional use approval shall
be required.
7. General Note. Shall exclude drive-through facilities.
8. General Note. Non-residential uses located in a PUD must serve the needs of the PUD and not the general
needs of a surrounding area. Areas designated for commercial activities shall not generally front on exterior or
perimeter streets, and shall be located centrally within the project. The only exception to these rules is when a
residential mixed-use project would promote new urbanism design standards and helps to further sustainable
initiatives. Such developments shall also be designed to further any applicable recommendations within the
corresponding redevelopment plan.
9. General Note.
a. All districts. The maximum size of a tasting room shall be less than 50% of the gross floor area for
that establishment. No use shall be carried out 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 the zoning
district. See Chapter 4, Article V, Section 2.E for additional regulations pertaining to off-street parking
requirements for tasting rooms.
b. C-4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall
be required to have an accessory commercial component (i.e., tasting room or retail showroom) to the operation.
The size of the tasting room/retail showroom shall be at least ten percent (10%) of the gross floor area or one
thousand (1,000) square feet, whichever is greater. This minimum size requirement is not applicable to those
establishments which do not front on an arterial or collector roadway. See subparagraph d. below for additional
provisions pertaining to beverage manufacturing establishments.
c. M-1 District.
(1) An accessory commercial component (i.e., tasting room or retail showroom) shall be required for
any establishment located on an arterial roadway. In all other instances, an accessory commercial component is
optional.
(2) No drive-up, drive-through, or drive-in facilities shall be allowed.
(3) See subparagraph d. below for additional provisions pertaining to beverage manufacturing
establishments.
d. Beverage Manufacturing.
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(1) A tasting room, retail showroom, and/or facility tours shall not be open to the public after 10:00
p.m., except Fridays and Saturdays, whereby it may remain open until 11:00 p.m.
(2) This type of establishment may be eligible for a live entertainment permit; however, no amplified
music shall be allowed.
(3) No permanent food preparation is allowed on premises.
10. General Note. Buildings greater than eighty thousand (80,000) square feet shall require conditional use
approval. Maximum footprint is one hundred twenty-four thousand (124,000) square feet. Building elevations
shall be enhanced with appropriate design elements to break up wall expanses (i.e. articulation, windows,
columns, varied rooflines, etc.).
11. General Note. This use shall be integrated into a mixed use building or development.
12. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial roadway.
13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial or
collector roadway.
14. General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as
defined in Part III, Chapter 1, Article II of the LDR under definitions for "Street-Arterial" and "Street-
Collector". Except for uses providing Medical Care or Testing (In-patient) shall be limited to lots that front on
an arterial roadway.
15. General Note. This use shall be integrated into a mixed-use building or development. It must not 1)
occupy more than fifty percent (50%) of the gross floor area of any given building; and 2) exceed twenty
percent (20%) of the gross floor area of the mixed use development.
16. General Note. This use shall be integrated into a mixed-use building or development. It must not 1)
occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty percent
(30%) of the gross floor area of the mixed use development.
17. General Note.
a. All Mixed-Use Districts. This use shall be integrated into a mixed-use building or development. It must
not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty
percent (30%) of the gross floor area of the mixed use development.
b. MU-L1 district, MU-L2 district, and MU-L3 and MU-4 district. The subject use is only allowed on lots
fronting on arterial or collector roadways.
18. Ocean Avenue Overlay Zone.
a. This use is allowed in this zoning district only when proposed on a lot located within the Ocean Avenue
Overlay Zone (OAOZ).
b. Any proposed non-residential use that would abut a side property line of a residential use located on
Northeast 1st Avenue or Southeast 1st Avenue requires conditional use approval.
c. Any allowable use is considered permitted by right, provided that it is proposed on property with
frontage on Ocean Avenue; otherwise conditional use approval shall be required. Additionally, no existing uses
shall be deemed non-conforming.
d. Professional and technical schools allowed in the OAOZ are limited to those that teach the culinary and
visual arts.
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19. General Note. This use shall be prohibited on the ground level of buildings located on lots that front on
Ocean Avenue located within the Ocean Avenue Overlay Zone.
20. General Note. This use is allowed as an accessory use to any lawful Arts Campus located within the
Ocean Avenue Overlay Zone.
21. General Note. This use is allowed as an accessory use to any city-owned and operated park facility.
22. General Note. This non-industrial use is allowed within the M-1 district, provided that it 1) is located
within a multiple-tenant development on a lot that fronts on an arterial roadway; 2) does not exceed five
thousand (5,000) square feet; 3) excludes a drive-up, drive-through, or drive-in facility; and 4) complies with all
off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only
allowed as accessory to the sale of new merchandise.
23. General Note. This use is allowed on an arterial or collector roadway within the M-1 district provided
that it has accessory commercial component to the operation. This establishment will be required to meet the
following criteria:
a. Location. The accessory commercial component shall be located within a building situated on a lot that
fronts on an arterial or collector roadway; and
b. Interior. An indoor showroom of at least two hundred fifty (250) square feet for retail sales shall be
required for establishments twenty-five thousand (25,000) square feet or less. An indoor showroom area of at
least one percent (1%) of the gross floor area shall be required for establishments greater than twenty-five
thousand (25,000) square feet.
24. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that
has a Commercial (C) land use option.
25. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that
has a Governmental & Institutional (G&I) land use option.
26. General Note. This use is allowed within the PID, except that if proposed in Quantum Park, it shall be
restricted to a lot that has an Industrial (I) land use option.
27. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that
has a Mixed Use (MU) land use option fronting on an arterial roadway or on a MU lot with a development order
that is not solely for residential development.
28. General Note. This non-industrial use is allowed within the PID district provided it is located 1) on Lot
3B of the Boynton Commerce Center PID; or 2) on a lot with a Mixed Use (MU) land use option fronting on an
arterial roadway or on a MU lot with a development order that is not solely for residential development.
29. General Note. This use is allowed within the PID, except on lots that have either a Governmental &
Institutional (G&I) or Mixed Use (MU) land use option.
30. General Note. If proposed on Lot 3B of the Boynton Commerce Center PID, it shall be required to have
an on-site manufacturing component to the operation.
31. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that
has an Office (O) land use option. No drive-through facility shall be allowed in connection with this use.
32. General Note.
a. Landscaping. All exterior (temporary) storage of equipment shall be adequately screened. Additional
buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility.
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b. M-1 district. Outdoor storage of equipment shall require conditional use approval if located within two
hundred (200) feet of a residential zoning district. No exterior storage of equipment in a wrecked condition
shall be permitted.
33. Non-Residential Uses in Single-Family Residential Districts. The following applies to facilities to be
located within zoning districts limited to single-family homes (R-1-AAB district, R-1-AA district, R-1-A
district, and R-1 district):
a. Location. Along the following roadway types as designated in the City of Boynton Beach
Comprehensive Plan: arterials and collectors.
b. Minimum Lot size. One (1) acre for all non-residential uses, except for day care establishments, which
shall be regulated in accordance with Section 3.D.87 below.
c. Frontage. Except for day care establishments, a minimum frontage of one hundred fifty (150) feet for all
non-residential uses.
d. Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all
parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts.
e. Design. Building design shall be consistent with surrounding residential styles.
f. Separation. Distances between residential properties and outdoor play areas shall be maximized.
34. Home Occupation.
a. Home occupations shall be permitted subject to these specific regulations designed for the protection of
residential neighborhoods, where all of the activity takes place within a structure, and where the principal use is
for residential purposes. In order for any home occupation to be permitted or continue to be permitted, the
following performance standards shall be agreed to in writing by the applicant and be maintained for the
duration of the occupational license:
(1) Compatibility. The residential character and integrity of the neighborhood must not be disturbed and
the occupational activity at the home shall not be noticeable from off the premises.
(2) Size. A home occupation shall only be conducted within twenty percent (20%) of the living area of
the dwelling including interior halls, closets and storage areas, but excluding garages, screened porches,
accessory buildings or any similar space not suited or intended as living quarters.
(3) On-site Restrictions. The home occupation shall be conducted at the licensed address only by
residents of that dwelling unit and shall only be the type of occupation which does not involve client business
visits to the home, and is typified by business transactions conducted by telephone, mail, or off premises of the
licensed address. (The giving of individual instruction to one (1) person at a time, such as an art or piano
teacher, shall be deemed a home occupation).
(4) Performance Standards. No equipment or process shall be used in a home occupation which creates
fumes, glare, noise, odors, vibration, or electrical interference detectable to the normal senses off the lot, if the
occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a
single-family residence. In the case of electrical interference, no equipment or process shall be used which
creates visual or audible interference in any radio or television receivers off the premises.
(5) Traffic. No traffic shall be generated by a home occupation in greater volumes than would normally
be expected in a residential neighborhood, and any need for parking generated by the conduct of a home
occupation shall be met by off-street parking which complies with Chapter 4, Article VI.
(6) Storage. All storage of materials or supplies used in the home occupation shall be done within the
living area of the dwelling unit, within the space limitations specified in subsection 2 above and shall not be
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visible from adjacent residential units. Contractors, tradespersons and the like shall not use their home garage or
yard areas for storage of materials and supplies used in business activities.
(7) Signage. No sign or display shall be visible other than a non-illuminated sign, not exceeding two (2)
square feet in area, placed on the exterior wall of the residence as close as practical to the front entrance.
(8) Parking. A panel, pick-up truck, van, or similar type of truck, not to exceed a one (1) ton chassis
configuration, may be parked in a residential zoning district. However, such vehicle must be used by a resident
of the premises, and no more than one (1) such truck shall be located on each plot.
(9) Miscellaneous. A home occupation shall be subject to all business tax provisions defined in Part II of
the City Code of Ordinances.
35. Alcoholic Beverages. Subject to the provisions of City Code of Ordinances, Part II, Chapter 3, Alcoholic
Beverages.
36. Accessory Dwelling Unit.
a. All districts. An accessory dwelling unit is allowed as an accessory use to any lawful non-residential
principal use within a non-residential building. Such unit shall have a minimum living area of seven hundred
fifty (750) square feet and limited to occupancy by the property owner or business owner/operator.
b. M-1 district. This use is allowed as an accessory to any lawful self-service storage facility and which
meets the prerequisites contained therein.
37. Bed & Breakfast.
a. Generally. A bed & breakfast is a private owner occupied residence having more than three (3) and less
than ten (10) guest units, which are subordinate and incidental to the main residential use of the building. Prior
to the establishment and operation of a bed & breakfast, all required business licenses and health permits shall
be obtained in compliance with all building, sign, sanitary and fire codes. Prior to the issuance of a business tax
certificate, which shall be renewed annually, the city shall conduct an inspection of the property to determine
compliance with the current requirements of the city's regulations, state building codes, and conditions of
approval.
b. Interior.
(1) Common Area. Within each bed & breakfast establishment, a common area must be provided for a
central dining area and for at least one (1) sitting/reading/discussion room.
(2) Number of Rooms. The number of bedrooms and bathrooms are to remain unchanged unless
modifications are necessary to comply with building, fire, and/or health codes.
c. Miscellaneous.
(1) Cooking. Except as hereinafter provided, there shall be no cooking facilities or food storage in any
guest unit. Breakfast shall be the only meal provided for paying overnight guests. The breakfast meal shall not
be served after 11:00 a.m.
(2) Maximum Stay. The maximum stay for each guest shall be fourteen (14) consecutive days and not
more than fourteen (14) days during any forty-five (45) day period. The owner and/or manager shall maintain a
guest book, which accurately identifies all guests for each night's lodging. This register of guests shall be
available for city inspection during reasonable business hours. Check-in and check-out shall take place between
8:00 a.m. and 8:00 p.m. only.
(3) Owner. The owner of the bed & breakfast establishment must reside on the premises.
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(4) Commercial. Commercial social activities and events and the sale of merchandise to non-guests are
prohibited in the bed & breakfast establishment.
(5) Kitchenettes. Existing kitchenettes within one (1) or more guest units are considered within the scope
of this section and will not have to be removed.
38. Dwelling, Two-Family (Duplex).
a. C-3 district and PCD district. A two-family dwelling (duplex) shall comply with the R-2 district
regulations. See Chapter 3, Article III, Section 2.E.
39. Dwelling, Multi-Family.
a. C-3 district and PCD district. A multi-family dwelling shall comply with the R-3 district regulations.
See Chapter 3, Article III, Section 2.F.
40. Group Home
a. Group Home Type 1
Maximum persons per unit. Two (2) persons per bedroom, not to exceed ten (10) persons including a
resident caretaker or overseer.
b. Group Home Type 1 and 2
(1) Common Area. At least ten percent (10%) of the total floor area shall be devoted to a common area,
exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety or recreational or therapeutic activities
may occur.
(2) Rooms. Residents' rooms or suites shall, in no case, have kitchen facilities available for the
preparation of food.
(3) Design. Pursuant to Chapter 4, Article III, Section 3.G.1, the appearance of the group home shall be
residential in character and similar in appearance to the surrounding neighborhood.
(4) Parking. See the Chapter 4, Article V for applicable parking requirements.
c. Group Home Types 2.
(1) Two (2) persons per bedroom, not to exceed 14 persons including a resident caretaker
or overseer.
(2) Conditional use approval is not required within a Planning Unit Development (PUD) if approved on the
master plan or modified master plan.
d. Group Home Types 3.
(1) PUD or Mixed Use Zoning District. Conditional use approval is not required within a planned
development zoning district (i.e. PUD or MU Zoning District) if approved on the master plan or modified
master plan.
(2) MU-1, MU-2, and MU-3 and MU-4. Projects require a minimum of 60% of the dwelling units to be for
independent living with full kitchen and bath facilities, and not require licensing by the State of Florida
Department of Health.
41. Hotel & Motel (includes Boutique, Extended-stay, Apartment, Timeshare Apartment).
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a. C-3 District. Timeshare hotel shall comply with R-3 district regulations. Boutique hotels are not listed
as permitted uses.
b. C-4 District. Boutique hotels and timeshare hotels are not listed as permitted uses.
c. CBD District. Apartment hotels require conditional use approval.
d. PCD District. Timeshare apartments shall comply with R-3 district regulations. Boutique hotels are not
listed as permitted uses.
e. SMU District. Hotels require conditional use approval. Apartment hotels, boutique hotels, and
timeshare apartments are not listed as permitted uses. Motels are prohibited uses.
f. MU-L1 District, MU-L2 District, and MU-L3 District and MU-4 District. Timeshare hotels are not
listed as permitted uses. Boutique hotels and motels are prohibited uses.
g. MU-4 District and MU-HC District. Boutique hotels require conditional use approval and must be
integrated into a commercial or mixed use development and not exceed thirty percent (30%) of the gross floor
area of the entire development. Apartment hotels and timeshare apartments are not listed as permitted
uses. Motels are prohibited uses.
h. PID district. This non-industrial use is allowed within the PID district provided it is located on a lot that
has a Hotel (H) land use option.
42. Live-Work Units.
a. SMU District. This subsection provides for the use of residential structures to accommodate live/work
opportunities. Live-work units shall be specifically designated on the site plan, and comply with the following
standards and requirements. These provisions are not applicable to dwellings or occupations that meet the
definition of home occupation. All respective site plan pages shall identify all proposed live-work units and
buildings. Live-work units shall be tallied in the site plan tabular data.
(1) Location. To minimize impacts to the greater neighborhood, units planned for live-work units shall
be located at the perimeter of the residential project or along the project's principal roadway, and/or where
possible, adjacent to perimeter/external rights-of-way.
(2) Use(s): Non-residential uses that are permitted in live-work units are generally limited to
professional service, business service, or tutoring services. A listing of common uses permissible in live-work
units, subject to issuance of occupational license are located in subsection (16) below. No work activity shall be
permitted that by virtue of intensity or number of employees has the potential to create impacts by reason of
traffic, parking issues, hazardous materials, or excess waste. The following list identifies the permitted uses
within designated live-work units, subject to processing through the city’s business tax office:
Addressing service/mailing list compiler
Arbitrator, mediator services
Cleaning services, maid, housekeeping, janitorial
Commercial artist/design studio
Commercial photography
Computer programming service
Computer software development
Data processing
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Direct mail advertising services
Editing, proofreading, typing service
Paralegal
Party supplies, rental/leasing (office only, no storage on-site)
Private investigator
Recording service
Secretarial service
Boat broker (office only)
Alteration, dressmaking shop, tailor
Abstract and/or title company
Accountant/income tax services
Adjusters, insurance
Advertising office
Appraiser
Architect
Attorney
Auctioneer (office only)
Author
Broker
Business analyst
Calculating and statistical service
Court reporting/stenographers
Credit reporting
Engineer’s office
Importer/exporter (office only)
Insurance agency/bond office
Interior decorating
Loan company office
Market research office
Model agency
Notary public office
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Public relations office
Real estate sales/management office
Travel agency
Tutoring or instruction (academics, music, art)
Art studio with ancillary sales
(3) Floor Area. The minimum floor area of a live-work unit shall be one thousand (1,000) square
feet. No more than seven hundred fifty (750) square feet of the live-work unit shall be reserved for living space,
including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be
reserved and regularly used for sleeping space.
(4) Construction. Each live-work unit shall be a separate unit from other uses in the building. The
ground floor of all live-work units shall meet the Florida Building Code requirements for mixed occupancy
buildings. Each unit, including the garage, shall be separated by walls from other live-work units or other uses
in the building.
(5) Accessibility. Buildings designated as live-work units shall provide universal accessibility to the
front and to the interior space of the non-residential area of the live-work unit from the public sidewalk adjacent
to the street.
(6) Miscellaneous. No more than two (2) on-site employees, in addition to the resident(s) of the live-
work unit, may undertake business activities from said unit. At least one (1) resident of an individual live-work
unit shall maintain a current occupational license for a business located in that unit. Acknowledgment, in the
form of an affidavit, of the employee limitation shall be made by the unit resident, at the time of application for
an occupational license. The work area shall not be rented separately from the living space.
b. MU-L1 District, MU-L2 District, MU-L3 District, MU-4 District and MU-HC District. The following
restrictions apply to projects within zoning districts that contain master plans approved for live-work units:
(1) Floor Area. The minimum floor area of a live-work unit shall be one thousand (1,000) square
feet. No more than seven hundred fifty (750) square feet of the live-work unit shall be reserved for living space,
including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be
reserved and regularly used for sleeping space.
(2) Use(s). The work activity in a building where live-work units are allowed shall be any use permitted
by right in the zoning district, except that in order to protect the health and safety of persons who reside in a
live-work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the
nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise,
noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials,
process, product or wastes.
(3) Construction. Each live-work unit shall be a separate unit from other uses in the building.
(4) Accessibility. Access to each live-work unit shall be provided from common access areas, common
halls or corridors, or directly from the exterior of the building.
(5) Separation. Each live-work unit shall be a separate unit from other uses in the building. Access to
each live-work unit shall be provided from common access areas, common halls, or corridors, or directly from
the exterior of the building.
(6) Miscellaneous. At least one (1) resident of an individual live-work unit shall maintain a current
business tax receipt for a business located in that unit. No portion of a live-work unit may be separately rented
or sold as a commercial space for a person or persons not living in the premises or as a residential space for a
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person not working in the same unit. No live-work unit shall singly be changed to exclusively commercial or
exclusively residential use. No conversion of all live-work units in a single structure to exclusively residential
use shall be permitted where the work portion of the units is the only commercial use in a project, nor shall
conversion to exclusively commercial use be permitted where the live portion of the units is the only residential
use in a project.
43. Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store.
a. CBD District. Bait and tackle shops are permitted as an accessory use to marinas, including yacht clubs.
b. PID district. This use is also allowed as an accessory use to an artist studio.
44. Auto Dealer, (New & Used).
a. C-4 district. Allowed only as a conditional use accessory to the repair of motor vehicles. No outdoor
storage of vehicles, for sale shall be permitted.
b. MU-L3 district and MU-HC district.
(1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. This
use excludes automotive, minor repair, and auto car/wash. Conditional use approval shall be required if all or a
portion of the inventory is located within a parking garage/structure.
(2) Access. Shall not be directly from any major roadway.
(3) Storage. No outside storage of materials, parts, and vehicles.
(4) Design. Pursuant to Chapter 4, Article III, Section 3.A.7, overhead doors shall not be visible from
any major roadway frontage.
(5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site.
c. M-1 district. Allowed only as a conditional use accessory to the repair of motor vehicles. No outdoor
storage of vehicles for sale shall be permitted.
d. PID district. This non-industrial use is allowed within the PID district as a conditional use. Also, within
the Quantum Park PID such uses are limited to lots with an Industrial (I) use option or Industrial/R (with retail
sales) option. Vehicle inventories must be stored/displayed indoors. A pre- existing business located on
Quantum Park lots 77 through 80 is exempt from the requirements relative to conditional use approval, outdoor
storage or display of vehicle inventories, and locating on lots with the “I” and “I/Retail” use options.
45. Boat Dealer/Rental.
a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the
premises. No outdoor storage of boats shall be permitted.
b. C-4 District. Conditional use approval shall be required if merchandise is to be stored outdoors.
Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way, with the
exception that a single merchandise item may be visible from abutting rights-of-way. The display must be in
combination with project signage, and the setback, landscaping and design of this site feature shall minimize the
visual impact on the adjacent roadway. If any vehicle use areas are not separated by an intervening building and
visible from an arterial roadway, right-of- way landscaping shall be in accordance with the City’s Urban
Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and enhanced with
additional plants selected and maintenance to facilitate, varying growth heights to provide some screening of the
space between the hedge material and tree canopies. The landscaping required to represent “adequate”
screening, as well as the appropriate design of the merchandise display feature and right-of-way landscaping
shall be determined as part of the conditional use review process.
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c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the
premises. No outdoor storage of boats shall be permitted. Inventories must be stored/displayed indoors.
d. MU-4 District and MU-HC District. Boat dealer/rental is allowed as an accessory use to a marina but
conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on-
site. Storage/display allowed only in wet docks or indoor not to exceed ten thousand (10,000) square feet. The
sales, rental, service, repairs, and storage of marine trailers are prohibited.
e. M-1 District. Allowed only as a conditional use accessory to the repair of boats. Outdoor storage areas
shall be adequately screened from abutting properties and rights-of-way.
f. PID District. Required conditional use approval. Also, within the Quantum Park PID such uses are
limited to lots with an Industrial (I) use option or Industrial /R (with retail sales) option. Inventories must be
stored/displayed indoors.
46. Gasoline Station.
a. All Districts.
(1) Location. Gasoline stations, except where otherwise allowed by these regulations, are only allowed
on properties located at three-way or four-way intersections involving arterial and collector road of rights-of-
way as designated by the Comprehensive Plan, excluding local streets and alleys. Interchanges with I-95 are
included as eligible intersections. Eligible properties at an intersection with I-95 include the first parcel directly
west or east of the toe embankment of the I-95 interchange. This may also be defined as the first parcel with
frontage on and access from the arterial road that intersects with the I-95 right-of-way. A maximum of two (2)
gasoline stations shall be allowed at each intersection. A convenience store with retail gasoline sales is
considered to be a gasoline station and is therefore, restricted to these location requirements.
(2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet.
(3) Frontage. Minimum street frontage: two hundred twenty-five (225) feet on each frontage measured
from the intersecting right-of-way lines of the public streets.
(4) Access.
(a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be
located a minimum of fifty (50) feet from the intersection unless county or state standards require a greater
distance;
(b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in width;
and
(c) Driveways shall not be located less than thirty (30) feet from any interior property line.
(5) Setbacks.
(a) No canopy shall be located less than twenty (20) feet from any property line; and
(b) No gasoline pump island shall be located less than thirty (30) feet from any property line.
(6) Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside.
(7) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations located on designated
out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in
design to the approved design plan of the principal center.
(8) Landscaping. See landscaping standards in Chapter 4.
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(9) Lighting. See lighting standards in Chapter 4.
(10) Except for where otherwise approved on a master sign program, gasoline stations shall only be
permitted to advertise on signage located within the property boundaries.
(11) Gasoline stations shall be permitted uses if located greater than 200 feet from a boundary of a
residential zoning district. Distances for the purpose of this subsection shall be measured from the closest
gasoline pump island or canopy of the gasoline station to the closest boundary of the residential or mixed-use
zoning district.
(12) A station existing prior to amendment of these regulations that is located on a lot that does not
conform to the property development regulations of the zoning district, as defined in Section 11 of this chapter,
may be enlarged, expanded, reconstructed or restored without limitation based on percent of property value, as
long as the magnitude of the non-conformity is not worsened by the improvement.
b. C-2 District, C-3 District, and C-4 District.
(1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive
window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations.
(2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the
following building setbacks shall apply to all structures on the property including the primary structure, or any
accessory structures such as car washes or above-ground storage facilities.
(a) Building front (and side corner) - 35 feet;
(b) Building side - 20 feet;
(c) Building rear - 20 feet;
(d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-
five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory
auto/car wash shall be fully automatic and recycle all water used in the car washing process.
(3) Exceptions to requirement for location at intersections as stated above under section a.(1). When a
gas station is accessory to a principal retail use and when all requirements applicable to the PCD District are
satisfied.
c. PCD District.
(1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive
window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations.
(2) Setbacks. The following building setbacks shall apply to all structures on the property including the
primary structure, or any accessory structures such as car washes or above-ground storage facilities.
(a) Building front (and side corner) - 35 feet;
(b) Building side - 20 feet;
(c) Building rear - 20 feet;
(d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-
five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory
auto/car wash shall be fully automatic and recycle all water used in the car washing process.
(3) Separation. No gasoline pump island shall be located less than two hundred (200) feet from any
public right-of-way.
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(4) Exceptions to requirement for location at intersections as stated above under section a.(1). Uses
within the PCD District shall not be required to comply with the location standard described above in
subsection a.(1).
(5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of these regulations
shall not be deemed non-conforming to the corresponding site standards if located in compliance with the
location (intersection) standard stated above in section a.
(6) Relief from Standards. Waivers from the following standards may be granted in accordance with
Chapter 2, Article II by the City Commission for existing projects annexed into the city, when the regulation
cannot be fully complied with, but where the intent of the LDR is met:
(a) Section 3.D.46.a.(5)(a) above;
(b) Section 3.D.46.a.(5)(b) above;
(c) Section 3.D.46.c.(3)(a) above; or
(d) Section 3.D.46.c.(3)(b) above.
The applicant shall provide justification of the waiver and submit a mitigation plan off-setting the impact.
d. MU-L3 District and MU-HC District.
(1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station.
(2) Setbacks.
(a) Building setbacks shall meet those required by the applicable zoning district.
(b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated
principal building.
e. PID District. This non-industrial use shall be allowed within the PID district provided it is located on a
lot with a Mixed Use (MU) land use option and at an intersection that would satisfy the location requirements of
this note.
(1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and automotive
window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations.
(2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the
following building setbacks shall apply to all structures on the property including the primary structure, or any
accessory structures such as car washes or above-ground storage facilities.
(a) Building front (and side corner) - 35 feet;
(b) Building side - 20 feet;
(c) Building rear - 20 feet;
(d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-
five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory
auto/car wash shall be fully automatic and recycle all water used in the car washing process.
47. Grocery Store.
a. MU-L1 District, MU-L2 District, MU-L3 District, MU-4 District and MU-HC District. Gross floor area
of grocery store must be a minimum of fifteen thousand (15,000) square feet and a maximum of eighty
thousand (80,000) square feet.
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48. Hardware Store.
a. CBD District. Excluding lumber or building materials dealers, lawn & garden shops, glass, electrical,
plumbing, heating supplies, and the like.
b. MU-L1 District, MU-L2 District, MU-L3 District, MU-4 District, MU-HC District, and PID
District. Indoor storage/ display only and shall not exceed ten thousand (10,000) square feet.
c. PID District. This use excludes an on-site lumber yard and any other exterior (outside) activity or
storage.
49. Home Improvement Center. This use excludes an on-site lumber yard and any other exterior (outside)
activity or storage.
50. Marine Accessories.
a. C-2 District. Excluding any installation on premises, and excluding machine shop service.
b. MU-L1 District, MU-L2 District, MU-L3 District, MU-4 District and MU-HC District. Indoor
storage/display only and shall not exceed ten thousand (10,000) square feet. The sales, rental, service, repairs,
and storage of marine trailers are prohibited. Marine customizing, detailing, service, parts, or repair is also
prohibited.
51. Merchandise New. This use excludes an on-site lumber yard and any other exterior (outside) activity or
storage.
52. Merchandise, Used (Antique & Consignment Shops and Bookstores). Gross floor area shall not exceed
twenty five thousand (25,000) square feet, except if proposed within the Community Redevelopment Area, the
maximum size is twenty five hundred (2,500) square feet. The maximum size may be increased up to ten
thousand (10,000) square feet if approved as a conditional use. This size restriction shall prevail if it conflicts
with the size limit set by another applicable note. An auction house is allowed but only as an accessory use
qualifying under this paragraph.
53. Merchandise, Used (Other). This establishment shall be limited to a maximum of five thousand (5,000)
square feet of gross floor area except if proposed within the Community Redevelopment Area, the maximum
size is twenty five hundred (2,500) square feet, and must be located a minimum distance of two thousand, four
hundred (2,400) feet from another merchandise, used (other) or multiple-vendor market establishment, as
measured by direct distance between property lines. The floor area of an existing merchandise, used (other)
establishment shall not be expanded in instances where located less than the minimum separation
requirement. All new applications to operate such uses or applications for building permits to expand such uses
shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in
connection with such uses shall be prohibited.
54. Mobile Vending Unit (MVU). See Chapter 3, Article V, Section 10 for additional regulations regarding
an MVU.
55. Multiple-Vendor Market. A multiple-vendor market shall be limited to five thousand (5,000) square feet
of gross floor area and must be located a minimum distance of two thousand, four hundred (2,400) feet from
another multiple-vendor market or merchandise used (other) establishment, as measured by direct distance
between property lines. The floor area of an existing multiple-vendor market establishment shall not be
expanded in instances where located less than the minimum separation requirement. All new applications to
operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit
certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be
prohibited.
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56. Nursery, Garden Center, & Farm Supply. The exterior display of live plants is exempt from the three
hundred (300)-foot distance requirement of Chapter 3, Article V, Section 5.D. and such plants may remain
outdoors after normal business hours provided that their placement complies with the location criteria of
Chapter 3, Article V, Section 5.C.
57. Pharmacy & Drug Store.
a. All Districts. No more than fifteen percent (15%) of the total number of prescriptions sold within a
thirty (30) day period can be derived from the sale of Schedule II controlled substances as listed in F.S. §
893.03. All pharmacies and drug stores shall be staffed by a state licensed pharmacist who shall be present
during all hours the pharmacy, or pharmacy function of the drug store, is open for business. This restriction on
prescription sales shall not apply to a pharmacy operating accessory to a facility licensed pursuant to F.S.
Chapter 395 (e.g., hospital).
b. MU-4 and MU-HC District. Use shall be subject to the following distance separation requirements from
similar uses, measured in a straight line, using the shortest distance between property lines shall be the
following:
(1) Seven hundred fifty (750) feet: For uses with less than five thousand (5,000) square feet of gross
floor area;
(2) One thousand, five hundred (1,500) feet: For uses with a gross floor area equal to or greater than five
thousand (5,000) gross square feet.
58. Restaurant.
a. All Districts. See Chapter 3, Article V, Supplemental Regulations regarding the sidewalk café permit.
b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a
medical or dental office but subject to the following conditions:
(1) Signage. No external signage for the restaurant use shall be allowed;
(2) Hours of operation shall be limited to coincide with the hours of operation of the principal use.
c. M-1 district. This non-industrial use is allowed within the M-1 district, provided that it 1) is located
within a multiple-tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed
two thousand, five hundred (2,500) square feet; 3) excludes a drive-up, drive-through, or drive-in facility; and
4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used
merchandise is only allowed as accessory to the sale of new merchandise.
59. Restaurant (Take-Out).
a. M-1 district. This non-industrial use is allowed within the M-1 district, provided that it 1) is located
within a multiple-tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed
two thousand, five hundred (2,500) square feet; 3) excludes a drive-up, drive-through, or drive-in facility; and
4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used
merchandise is only allowed as accessory to the sale of new merchandise.
60. Auto/Car Washes (Polishing, Waxing, Detailing).
a. C-2 District, C-3 District, C-4 District, and PCD District. Only a fully automated-style auto/car wash
facility is allowed as an accessory use to a gasoline station. However, conditional use approval is required for
this component of the establishment.
b. PID District. Only allowed as an accessory use to an auto dealer, new or used.
61. Automobile Rental.
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a. C-3 District. Allowed as an accessory use to automotive, minor repair. Conditional use approval is
required. In addition, the following criteria must be met:
(1) Location. On sites greater than seventy-five (75) acres and only within a separate building in a
shopping center, automobile rental is allowed subject to the following additional conditions:
(a) The customer service area shall be located within the building being used for an automotive, minor
repair;
(b) No more than twelve (12) automobiles shall be stored on-site for the purpose of rental, and such
automobiles shall be stored in marked stalls;
(c) No fueling or refueling of automobiles shall be permitted on-site.
b. C-4 District. Automotive, minor repair is allowed as an accessory use to automobile rental, provided
that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the
public.
c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following
conditions are met:
(1) If shown on the originally approved master plan;
(2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site
meets the minimum acreage requirement for rezoning to PCD; and
(3) All portions of any building dedicated to such use are separated from residentially zoned property by
a distance of two hundred (200) feet.
d. MU-L3 District and MU-HC District. The indoor storage/display of fleet vehicles are permitted but
shall not exceed ten thousand (10,000) square feet. Conditional use approval shall be required if all or a portion
of the inventory is located within a parking garage/structure.
(1) Access. Shall not be directly from any major roadway.
(2) Storage. No outside storage of materials, parts, and vehicles.
(3) Design. Pursuant to Chapter 4, Article III, Section 3.A.7., overhead doors shall not be visible from
any major roadway frontage.
62. Automotive, Minor Repair.
a. C-2 District. Automotive, minor repair is allowed as an accessory use to a gasoline station. Conditional
use approval is required for this component of the establishment.
b. C-3 District.
(1) As an Accessory Use. Automotive, minor repair is allowed as an accessory use to a gas station and
also to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the
rental operation and not open to the public.
(2) As a Principal Use. Automotive, minor repair is allowed as a principal use, provided that it is located
on a lot that is at least five (5) acres. The following restrictions shall also apply, where applicable:
(a) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be
located in either a principal building of a shopping center or in a subordinate, stand-alone building and/or
outparcel within a commercial master plan, provided that the subordinate stand-alone building and/or outparcel
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within a commercial master plan is not located between the principal building and an adjoining right-of-way or
between the principal building and abutting residentially zoned property.
(b) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a
separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only
motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger
vehicle or motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles
(motor vehicle with motive power designed to carry ten (10) persons or less which is constructed either on a
truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall
be done within an enclosed building.
c. C-4 District. This use is allowed within the C-4 district but it shall not be located on a lot that borders an
arterial roadway. All repair functions must occur within enclosed buildings and exterior storage of vehicles in a
damaged or disassembled condition must be adequately screened from rights-of- way and adjacent properties.
d. PCD District. Automotive, minor repair is allowed as an accessory use to automobile rental, provided
that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the
public. Automotive, minor repair is allowed as a principal use but conditional use approval is required. Uses
listed as conditional uses would be considered permitted uses if the following conditions are met:
(1) If shown on the originally approved master plan;
(2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site
meets the minimum acreage requirement for rezoning to PCD; and
(3) All portions of any building dedicated to such use are separated from residentially zoned property by
a distance of two hundred (200) feet.
e. M-1 District. Excluding the keeping of vehicles in violation of City of Boynton Beach Code of
Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles
or boats in a wrecked condition shall be permitted only in connection with a lawful principal use, and shall be
adequately screened.
f. PID District. Only allowed as an accessory use to a retail auto dealer, new or used.
63. Automotive, Major Repair. Excluding the keeping of vehicles in violation of the City of Boynton Beach
Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor
vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use and
shall be adequately screened.
64. Automotive Window Tinting/Stereo Installation/Alarms.
a. C-2 District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to a
gasoline station; merchandise, new (supercenter, discount, department, club); or an electronics & appliance
store. Conditional use approval is required for this component of the establishment.
b. C-3 district.
(1) As an Accessory Use. Automotive window tinting/stereo installation/alarms is allowed as an
accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated
to the rental operation and not open to the public.
(2) As a Principal Use. Automotive window tinting/stereo installation/alarms is allowed as a principal
use, provided that it is located on a lot that is at least five (5) acres. The following restrictions shall also apply,
where applicable:
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(a) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be
located in either a principal building of a shopping center or in a subordinate, stand-alone building and/or
outparcel within a commercial master plan, provided that the subordinate stand-alone building and/or outparcel
within a commercial master plan is not located between the principal building and an adjoining right-of-way or
between the principal building and abutting residentially zoned property.
(b) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a
separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only
motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger
vehicle or motorcycle, designed for
carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power
designed to carry ten (10) persons or less which is constructed either on a truck chassis or with special features
for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building.
c. C-4 District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to
automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental
operation and not open to the public.
d. PCD District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to
automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental
operation and not open to the public. Automotive window tinting/stereo installation/alarms is allowed as a
principal use but conditional use approval is required. Uses listed as conditional uses would be considered
permitted uses if the following conditions are met:
(1) If shown on the originally approved master plan;
(2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site
meets the minimum acreage requirement for rezoning to PCD; and
(3) All portions of any building dedicated to such use are separated from residentially zoned property by
a distance of two hundred (200) feet.
e. M-1 District. Excluding the keeping of vehicles in violation of the City of Boynton Beach Code of
Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles
or boats in a wrecked condition shall be permitted only in connection with a lawful principal use and shall be
adequately screened.
65. Check Cashing.
a. C-3 District, C-4 District, and PCD District. Check cashing shall be limited to five thousand (5,000)
square feet of gross floor area and must be located a minimum distance of two thousand, four hundred (2,400)
feet from another such establishment, as measured by direct distance between property lines. The floor area of
an existing check cashing establishment shall not be expanded in instances where located less than the
minimum separation requirement. All new applications to operate such uses or applications for building
permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction.
66. Dry Cleaner.
a. All Districts. Cleaning services are limited to retail customers and includes the alteration and/or repair
of clothing.
b. SMU District, MU-L1 District, MU-L2 District, MU-L3 District, MU-4 District and MU-HC
District. On-site drop-off and pick-up is allowed as a permitted use; however, any cleaning or laundering
activities conducted on the premises requires conditional use approval, and the floor area of such establishment
cannot exceed two thousand (2,000) square feet.
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67. Funeral Home. A funeral home is allowed as an accessory use to a cemetery.
68. Personal Care (Beauty, Hair, Nails).
a. R-3 District, PUD District, C-2 District, C-3 District, C-4 District, CBD District, PCD District, all
“Mixed Use” Districts and PID District. In these districts, body piercing and tattooing are allowed, but only as
accessory to a lawful principal use. In the M-1 district however, such businesses are allowed as a principal use,
but only in accordance with Section 3.D.4. above.
69. Pet Care (Boarding and Daycare).
a. All Districts. Conditional use applications must include provisions for proper care and mitigation of
potential impacts on adjacent properties. Pet care (boarding and daycare) is allowed as an accessory use to
either a pet care (grooming) or pet care (veterinary services) establishment, but it requires conditional use
approval if it exceeds twenty-five percent (25%) of the floor area or two thousand, five hundred (2,500) square
feet, whichever is less.
b. C-2 District, C-3 District, C-4 District, CBD District, SMU District, MU-L1 District, MU-L2 District,
and PID District. No external kenneling is allowed in these districts, either as a principal or accessory use.
c. PCD District. No external kenneling is allowed, either as a principal or accessory use. Uses listed as
conditional uses would be considered permitted uses if the following conditions are met:
(1) If shown on the originally approved master plan;
(2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site
meets the minimum acreage requirement for rezoning to PCD; and
(3) All portions of any building dedicated to such use are separated from residentially zoned property by
a distance of six hundred (600) feet.
d. M-1 District. External kenneling shall only be allowed for those establishments located in excess of six
hundred (600) feet from residentially zoned property. Such uses shall also comply with the requirements of
City Code of Ordinances Part II, Chapter 4, Section 4-4, except that the maximum enclosure size and area
standards within 4-4(b)2.a. shall not apply.
70. Postal/Mail Center.
a. All Districts. Storage of delivery trucks is prohibited.
b. C-1 District. Allowed as an accessory use to a business or professional office or a medical or dental
office. Gross floor area shall not exceed two thousand, five hundred (2,500) square feet.
c. MU-4 District and MU-HC District. This use shall be limited to a maximum gross floor area of two
thousand, five hundred (2,500) square feet.
71. Repair, Rental, & Maintenance of Home/Garden Tools.
a. C-3 District. Excluding exterior display or storage of merchandise.
b. PCD District. Excluding exterior display or storage of merchandise. The repair and service of
merchandise shall be permitted as either an accessory or principal use, for any merchandise, which is typically
sold in the PCD district.
72. Hospital. A helipad (also known as a helistop) may be allowed as an accessory use to a hospital
establishment, but it shall require conditional use approval.
73. Business or Professional Office.
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a. “Mixed Use” Districts. This use shall be integrated into a mixed use building or development. It must
not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty
percent (30%) of the gross floor area of the mixed use development. However, this requirement does not
include those developments that contain such uses in excess of one hundred thousand (100,000) square feet.
74. Social Service Agency.
a. R-2 District and R-3 District.
(1) Location. Along the following roadway types as designated in the City of Boynton Beach
Comprehensive Plan: Arterials and collectors.
(2) Size. The maximum building size shall be limited to two thousand (2,000) square feet (per lot);
however, for properties located within the boundaries of the Federal Highway Corridor Redevelopment Plan,
the maximum building size may be larger, but not to exceed five thousand (5,000) square feet.
(3) Design. Building design shall be consistent with surrounding residential styles.
(4) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for
all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning
districts.
75. Adult Entertainment.
a. Finding of Fact. The city acknowledges that nude and exotic dancing and entertainment is an expression
protected under the First Amendment of the Constitution of the United States. Such expression communicates a
message to the intended audience but shall not be obscene, as defined by the courts, nor involve children. The
Supreme Court has upheld local regulations that are not intended to preclude such protected expression, but
rather to prevent the harmful side effects known as “secondary effects.” Based on various reports, studies, and
judicial opinions generated throughout the country, including within the State of Florida, the City of Boynton
Beach finds it in the interest of health, safety, peace, property values, and general welfare of the people and
businesses of the City of Boynton Beach to regulate said businesses to control the secondary effects associated
with them. Secondary effects have been proven to include, in part, increased criminal activities, moral
degradation, depreciation of property value, and harm to the economic welfare of the community as a whole.
By limiting the location and concentration of such uses, by limiting the proximity of such uses to places of
residence and public gathering, and by restricting the sale of alcohol within or nearby said establishments, the
secondary effects referenced above will be avoided or minimized. Also contributing to the control of secondary
effects are restrictions on operational characteristics, including the interaction between nude or partially nude
entertainers, and patrons, customers, other employees and entertainers, given the threat they represent to the
health of others through the spread of communicable and social disease. Requirements regarding buffers and
stage designs are intended to protect public health while preserving the forms of expression intended by the
protected nude and exotic entertainment.
b. Terms and Definitions. See Chapter 1, Article II for all terms and definitions (e.g., alcoholic beverage
establishment; nudity; partial nudity) pertaining to adult entertainment establishments.
c. All Districts. In addition to the requirements of the underlying zoning district, other applicable general
regulations, county licensing requirements, and City Code of Ordinances Part II, Section 3-6, the following
requirements shall apply to adult entertainment establishments:
(1) No adult entertainment establishment shall be located closer than seven hundred fifty (750) feet from
any other adult entertainment establishment measured from lot boundary to lot boundary along a straight airline
route, except when the property containing the adult entertainment establishment is separated from the above
use by the I-95 right-of-way and CSX rights-of-way, or the Boynton (C-16) Canal right-of-way.
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(2) No adult entertainment establishment shall be located closer than seven hundred fifty (750) feet from
any church use (house of worship); residential zoning district (including a mixed use district containing a
residential component or a mixed use pod of a planned industrial development); public usage (PU) district;
recreation district except where the subject property is a preserved natural area not accessible to the general
public; or schools measured from lot boundary to lot boundary along a straight airline route, except when the
property containing the adult entertainment establishment is separated from the above uses by the I-95 and CSX
Railroad rights-of-way, or the Boynton (C-16) Canal right-of-way.
76. Artist Studio.
a. C-3 District, C-4 District, CBD District, PCD District, and all “Mixed Use” Districts. The fabrication,
bending, welding, assembly, or processing of any heavy metal, wood, plastic, or similar products shall only be
allowed for establishments located within the M-1 district.
77. Entertainment, Indoor.
a. C-2 District. Limited to amusement arcades and shall be only allowed in a shopping center located on
an arterial roadway.
b. M-1 District. Limited to indoor playground/play centers and amusement arcades only.
78. Entertainment, Outdoor.
a. C-3 District and PCD District. Must be at least one thousand (1,000) feet from a residential use.
79. Marina, Including Yacht Club.
a. All Districts. Marinas, including yacht clubs, are limited to the following uses: mooring and docking of
private pleasure craft; sale of fuels and lubricants; occupancy of private craft as living quarters provided that
such craft are connected to public sewer facilities; operation of drift and charter fishing boats and sightseeing
boats; bait and tackle shops.
b. IPUD District. Private marinas, as a principal use, requires the following:
(1) Minimum lot area: Four (4) acres.
(2) Minimum lot frontage: One hundred fifty (150) feet and minimum average width of two hundred
(200) feet.
(3) Maximum height: Forty-five (45) feet.
(4) Principal land uses may include boat and yacht clubs, and private or public marinas (see Chapter 1,
Article II, Definitions) contingent upon being located within an area identified with the “Preferred” siting
designation by the 2007 Palm Beach County Manatee Protection Plan. However, major repairs and boatels, or
residing on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or
components thereof, shall only occur within a fully enclosed structure except as otherwise allowed by paragraph
(6) below. The above noted principal uses, when combined with residential uses, in which the residential
component occupies twenty-five percent (25%) or more of the total land area, shall be considered permitted
uses, otherwise such marine uses shall require conditional use approval.
(5) Boatels and the residing on boats shall be prohibited within the IPUD district, except that temporary
stays shall be allowed for a maximum of three (3) nights within a twelve (12)-month period.
(6) The following uses shall be allowed as accessory to one (1) of the principal marine uses described
above: boat brokerages, ship's stores, tackle shops, maritime museums or other related educational uses,
restaurants, boat ramps, and other launching facilities.
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(7) Marine-oriented and water dependent uses shall meet all the requirements of Section 3.C.5. above,
except for subparagraph (a) in that a marina may be the sole principal use of a project and is not required as a
component of a mixed use development containing dwelling units.
(8) No outdoor dry storing or stacking of boats or other related items shall be allowed, except that
outdoor displays are allowed for sales purposes as long as the boats are restricted to ground level display, are
not visible from abutting rights-of-way or residential properties, and are not placed within landscape areas or
required parking spaces.
(9) Wash down and other post-use servicing shall be done within the dry storage building or within an
enclosed structure (e.g., three-sided and roofed) designed and oriented to minimize external impacts.
(10) Water used for flushing and other cleaning activities shall be properly pretreated prior to discharge
into the stormwater system, and conservation measures shall be considered to facilitate reclamation/recycling.
(11) No outdoor speakers shall be allowed other than for low volume music that is not audible off-site.
(12) In addition to adhering to the city's sound regulations, no equipment, machines, or tools shall be
used between the hours of 8:00 a.m. and 6:00 p.m. that generates noise unique to a residential neighborhood.
(13) See Chapter 4, Article III, Section 3.G.6. for additional design regulations for commercial buildings
and boat storage facilities.
(14) Landscaping above and beyond the regulations cited elsewhere in this Code shall be required for all
non-residential buildings in excess of forty thousand (40,000) square feet, in order to reduce the perceived scale
and massing of such buildings.
(15) The width of the foundation planting areas visible from streets or residential properties shall be fifty
percent (50%) of the façade height. The applicant may submit an alternate planting plan that depicts the
required screening/softening of the large building façades, however in no instance shall the planting area be less
than twelve (12) feet in width.
(16) The height of the plant material shall be in relation to the height of the adjacent façade or
wall. Further, the height of fifty percent (50%) of the required trees or palms shall be a minimum of two-thirds
(2/3) of the height of the building. One (1) canopy tree or a cluster of three (3) palm trees shall be installed
within the foundation planting area every twenty (20) feet on center along each façade visible from streets or
residential properties. Canopy and palm trees shall be distributed along the entire façade where foundation
landscaping areas are required, with understory plant material arranged in the areas between the low growing
shrubs and tree or palm canopies. The applicant may submit an alternate planting plan that depicts the
rearrangement of plant material in order not to interfere with required building enhances discussed herein.
(17) A perimeter landscape barrier shall be required between incompatible uses and/or zoning districts;
or where there are differences in density, intensity, or building heights or mass; or for those certain uses
requiring additional screening in order to shield outdoor storage or operations. The barrier shall consist of a
decorative buffer wall of at least six (6) feet in height, in addition to a variety of densely planted trees, hedges
and shrubs. In areas where sufficient width is provided or staff determines additional buffering is warranted, a
berm may be required in addition to the above regulations.
(18) The applicant shall demonstrate through site design and buffering how sound associated with the
non-residential components of the project will be mitigated.
80. Rentals, Recreational (Bicycles, Canoes, Personal Watercraft).
a. MU-L1 District, MU-L2 District, and MU-L3 District. Indoor storage/display only and shall not exceed
ten thousand (10,000) square feet.
81. Sightseeing & Scenic Tours.
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a. All Districts. Vehicles used in support of the operation that are of a size in excess of a standard parking
stall shall be stored in a zoning district where outdoor storage of vehicles is allowed.
b. CBD District, MU-L1 District, MU-L2 District, MU-L3 District, MU-4 District and MU-HC
District. Sightseeing boats are allowed in conjunction with a marina, including yacht club.
82. Theater. All outdoor style theaters (i.e. band shell, amphitheater) require conditional use approval.
83. Cemetery.
a. C-1 District, C-2 District, C-3 District, C-4 District, PCD District, MU-L1 District, MU-L2 District, and
MU-L3 District. On parcels ten (10) acres or greater, a cemetery may be allowed as an accessory use to a
funeral home establishment.
84. Church.
a. R-1-AAB District, R-1-AA District, R-1-A District, and R-1 District. Expansions and improvements to,
and redevelopment of pre-existing places of worship that do not meet the minimum lot standards of the zoning
district, or the other requirements of Section 3.D.33 above shall be allowed in accordance with the following
requirements:
(1) Improvements shall only be allowed if the subject property was under proper ownership prior to the
adoption of these regulations. Ownership shall be based on the records of the County Property Appraiser's
Office.
(2) Rights-of-way for primary access shall be adequate and improved in accordance with (Engineering
Design Handbook and Construction Standards);
(3) The size of building improvements shall be allowed up to a maximum of 100% of the pre- existing
area.
(4) Expansions that would increase operational space or capacity, shall require that all existing parking
areas and related landscaping meet the requirements of the city's land development regulations.
(5) Parking. Projects eligible for parking space reductions of the MLK Overlay District, shall be required
to meet a minimum of seventy-five percent (75%) of the spaces required under Chapter 4, Article V, Section
3.D.
(6) Non-conforming and blighted conditions. Expansions that increase operational space or capacity shall
require improvements to all existing facilities to raise them to a similar appearance level as the proposed
improvement and additions. Sidewalks shall be added where partially or totally absent along the boundary of
the subject use. This requirement shall apply to all parcels used to support the principal use, including those
lots that abut the principal lot or that are separated from the principal lot by other properties or rights-of-way.
(7) Design. Additions or new facilities shall be designed to be compatible with its surroundings and/or
adopted community redevelopment plan to further the historic and architectural character of the neighborhood.
(8) No newly proposed physical improvements other than a wall/fence or landscaping shall be placed
closer than thirty (30) feet from a parcel containing or zoned for a single-family residence.
(9) Any outdoor play areas shall be located a minimum of thirty (30) feet from a parcel containing or
zoned for single-family residence.
(10) The foregoing conditions shall also apply to any repairs or reconstruction required due to damage
from fire, a major storm event, or other natural occurrence.
b. R-2 District and R-3 District.
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(1) Separation. Distances between residential properties and outdoor play areas shall be maximized.
(2) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for
all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning
districts.
85. Government, Municipal Office/Emergency/Civic Facilities.
a. All Districts. Conditional use approval shall be required for gross floor area in excess of five thousand
(5,000) square feet.
86. Government, Non-Municipal Office Facilities.
a. All "Mixed Use," M-1 District, and PID District. This use shall be integrated into a multiple-tenant
building. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; or
2) exceed thirty percent (30%) of the gross floor area of the mixed use development, where applicable.
b. M-1 District. This non-industrial use is allowed within the M-1 district, provided that it 1) excludes a
drive-up, drive-through, or drive-in facility; and 2) complies with all off-street parking requirements of Chapter
4, Article V.
87. Day Care.
a. R-1-AAB District, R-1-AA District, R-1-A District, R-1 District, and PUD District. The following
applies to facilities to be located within zoning districts limited to single-family homes:
(1) Design. Building design shall be consistent with surrounding residential styles in accordance with
Chapter 4, Article III, Section 5.G.
(2) Lot Size. A minimum of one-half (0.5) acre.
(3) Separation. Minimum separation requirement between day cares shall be two thousand, four hundred
(2,400) feet (this distance separation requirement should not apply to day care uses limited to specific groups
such as church members, and should not be intended to place restrictive limits on the expansion/improvement of
those uses existing prior to codification.
b. R-2 District and R-3 District.
(1) Location. Along the following roadway types as designated in the City of Boynton Beach
Comprehensive Plan: arterials and collectors;
(a) Lot size. A minimum of one-half (0.5) acre;
(b) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required
for all parking and vehicle use areas, and outdoor recreation areas that abut residential zoning
districts. Distances between outdoor play areas shall be maximized;
(c) Design. Building design shall be consistent with surrounding residential styles in accordance with
Chapter 4, Article III, Section 5.G.
c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following
conditions are met:
(1) If shown on the originally approved master plan;
(2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site
meets the minimum acreage requirement for rezoning to PCD; and
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(3) All portions of any building dedicated to such use are separated from residentially zoned property by
a distance of two hundred (200) feet.
88. Stone Cutting & Finishing. Conditional use approval shall be required if located within two hundred
(200) feet of a residential zoning district or a Mixed Use Pod of a PID.
89. Storage, Boats/Motor/Recreational Vehicles.
a. CBD District, MU-L2 District, MU-L3 District, and MU-HC District. The wet storage of boats is
allowed as an accessory use to a marina, including yacht club. The dry storage of boats shall be prohibited.
b. M-1 District. No exterior storage of boats, motor, or recreational vehicles in a wrecked condition shall
be permitted.
(1) Landscaping. All exterior (temporary) storage of fleet vehicles shall be adequately
screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to
ensure compatibility.
(2) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty
(20) feet in height and shall be shielded away from residential property.
90. Storage, Self-Service.
a. All Districts. All self-storage facility uses shall comply with the following:
(1) Rental Facility Office. A maximum of one thousand (1,000) square feet of the rental office may be
devoted to the rental and/or sale of retail items used for moving and storage and including, but not limited to
carton, tape and packing materials.
(2) Security Quarters. A single residential unit for security purposes, not to exceed one thousand, two
hundred (1,200) square feet may be established on the site of a self-service storage facility provided that said
facilities are at least thirty thousand (30,000) square feet. This dwelling unit shall be considered a limited
exception to the general prohibition of residential uses in industrial zones. The security quarters may continue
only so long as the self-service storage facility remains active. The security quarters shall be for the exclusive
use of, and shall be occupied only by a guard, custodian, caretaker, owner, manager, or employee of the owner
of the facility, and respective family.
(3) Use of Bays. The use of storage bays shall be limited to dead storage of household goods, personal
property, or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or
process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar
repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial
activity. Individual storage bays or private postal boxes within a self-service storage facility shall not be
considered a premises for the purpose of assigning a legal address in order to obtain approval or other
governmental permit or license to conduct business. Other prohibited uses include storage, sale, salvage,
transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials. Further:
(a) The maximum size of a storage bay shall be limited to four hundred fifty (450) square feet.
(b) Storage bay doors shall not face any abutting property that is residentially zoned or any public or
private right-of-way.
(c) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than
twenty (20) feet in height and shall be shielded away from residential property.
(d) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- site.
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(e) Design. For all self-service storage facilities adjacent to or visible from any right-of-way, the
following shall apply:
(i) The exterior colors, façades, windows, roof and building materials of all structures located on-site
shall be compatible with the character of or vision for the surrounding area. Self-service storage facilities shall
incorporate design elements to achieve the effect of office structures.
(ii) All façades viewable from rights-of-way shall provide variety and interest. These façades shall not
exceed fifty (50) feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth
and ten (10) feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include,
roof slope and materials, windows, awnings, fencing and other aesthetic elements.
(f) Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets.
(g) Exterior storage.
(i) Vehicles shall not be stored within the area set aside for minimum building setbacks or in areas
designated for landscaping buffering purposes.
(ii) Pleasure boats stored on-site shall be placed and maintained upon wheeled trailers. No dry stacking
shall be permitted on-site.
(iii) The outside storage area shall be constructed with a dust-free surface.
b. Multi-Access Self-Storage Facilities. In addition to the general standards above, multi-access self-
service storage facilities shall comply with the following regulations:
(1) Lot Size. The minimum lot size for a multi-access self-storage facility shall be two (2) acres.
(2) Circulation. The following on-site circulation standards shall apply:
(a) Interior: Interior loading areas shall be provided in the form of aisleways adjacent to the storage
bays. These aisleways shall be used both for circulation and temporary customer parking while using storage
units. The minimum width of these aisleways shall be twenty-five (25) feet if only one-way traffic is permitted,
and thirty (30) feet if two-way traffic is permitted. A minimum width of twelve (12) feet between aisleways
will be required when utilized for outdoor storage.
(b) Flow: The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Markings
shall consist of standard directional signage and painted lane markings with arrows.
(c) Access: Appropriate access and circulation by vehicles and emergency equipment shall be ensured
through the design of internal turning of aisleways.
(3) Height. Limited access and combination multi-access and limited-access self-service storage
facilities shall conform to the maximum height for that district. The maximum height for multi-access self-
service storage facilities shall not exceed twenty-five (25) feet. These heights will include any screening
required to conceal air-conditioning or any other mechanical equipment.
c. Limited Access Self-Storage Facilities. In addition to the general standards above, limited-access self-
storage facilities shall comply with the following regulations:
(1) Lot Size. The minimum lot size for a limited access self-storage facility shall be one (1) acre.
(2) Loading.
(a) Each entry point used to access hallways leading to the storage bays shall accommodate a minimum
of two (2) loading berths and related maneuvering area.
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(b) The loading areas shall not interfere with the primary circulation system on-site.
(3) Circulation. The following on-site circulation standard shall apply:
(a) Interior. If a minimum twenty (20) feet accessway is provided adjacent to the building and serves
no other use except the self-service storage facility, then the loading area may be established parallel and
adjacent to the building. It will be required to satisfy current regulations for driveway accessibility dependent
on one-way or two-way traffic.
(i) One-way: 25 feet; and
(ii) Two-way: 30 feet.
d. SMU District, MU-L1 District, MU-L2 District, and MU-L3 District. Only limited-access self-service
storage facilities are allowed within mixed use districts. Multi-access self-service storage facilities are
prohibited.
(1) Location. Permitted only on lots fronting on major arterial roadways. Retail uses unrelated to the
storage business are relegated to the ground-floor. Street frontages of the ground floor area shall be devoted to
one (1) or more principal retail and office uses, not related to the self-storage use, to a depth of at least twenty
(20) feet.
(2) Driveways. Access to the self-service storage use portion of the structure shall not be from/to an
arterial roadway and must be screened from public rights-of-way.
(3) Design. Buildings shall be designed to have the appearance of a multi-story retail, office, and/or
residential structure through the use of windows, shutters, and appropriate building elements on the upper
floors.
e. M-1 District.
(1) Buffers. All perimeter buffers adjacent to residentially-zoned property shall contain a continuous
wall or hedge and trees, installed no less than twenty-five (25) feet on-center.
(2) Exterior Storage. In connection with a self-service storage facility, open storage of boats, motor, or
recreational vehicles of the type customarily maintained by private individuals for their personal use and
commercial vehicles shall be permitted provided the following:
(a) The outdoor storage area shall not exceed forty percent (40%) of the area of the site.
(b) Outdoor storage areas shall be entirely screened from public and private rights-of-way and non-
industrial properties. Screening materials shall be comprised of a buffer wall, eight (8) feet in height, or by the
project's principal and/or accessory building(s) or a combination thereof. Trees, installed no less than twenty-
five (25) feet on-center, in conjunction with shrubs and/or other foundation plantings, shall be placed on the
outside of the buffer wall, within a landscaping strip of at least five (5) feet in width. The shrubs and
foundation plantings shall be at least four (4) feet in height at the time of installation. However, their inclusion
may be waived by the Director of Planning and Zoning if determined to be unnecessary.
91. Boat Repair.
a. Landscaping. All exterior (temporary) storage shall be adequately screened. Additional buffering may
be required as recommended by the Director of Planning and Zoning to ensure compatibility.
b. C-4 District. Shall not be located on a lot that borders an arterial roadway unless accessory to a Boat
Dealer. No repair shall be allowed outside an enclosed structure, and exterior storage of boats and equipment
must be adequately screened from adjacent rights-of-way and properties.
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c. M-1 District. The exterior storage of boats or equipment must be adequately screened from adjacent
rights-of-way and properties. The dry stacking of any boats shall be prohibited.
d. PID District. Only allowed as an accessory use to a retail boat dealer.
92. Carpet and Upholstery Cleaning Services. Permitted off-site only.
93. Contractor.
a. Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets.
b. C-4 District.
(1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on
an arterial roadway.
(2) Use(s) Allowed.
(a) Office and showroom only as a permitted use.
(b) Contractors' outdoor storage and workshop shall require conditional use approval if located within
two hundred (200) feet of a residential zoning district.
c. M-1 District. Contractors' outdoor storage and workshop shall require conditional use approval if
located within two hundred (200) feet of a residential zoning district.
94. Lawn Maintenance & Landscaping Service.
a. Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets.
b. C-4 District.
(1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on
an arterial roadway.
(2) Use(s) Allowed.
(a) Office and showroom only as a permitted use.
(b) Outdoor storage and workshop shall require conditional use approval if located within two hundred
(200) feet of a residential zoning district.
95. Radio & TV Broadcasting. Refer to the wireless communication facilities section in Chapter 3, Article V
(Supplemental Regulations) of the Land Development Regulations.
96. Research & Development, Scientific/Technological. Excluding treatment, storage, or processing of
human or animal bodies or body parts. Medical or scientific research which involves the use, treatment,
storage, or processing of human or animal bodies or body parts would require conditional use approval.
97. Sewer/Septic & Waste Mgmt. Cleaning. This use excludes the storage, treatment, transfer, dumping, or
disposal of waste on-premises.
98. Taxi, Limo, Charter Bus.
a. C-2 District, C-3 District, C-4 District, CBD District, and PCD District. Office only; fleet vehicles shall
be stored in a zoning district where storage, boats/motor/recreational vehicles is allowed.
b. M-1 district. No exterior (temporary) storage of fleet vehicles in a wrecked condition shall be permitted.
In addition, the following shall apply:
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(1) Landscaping. All exterior (temporary) storage of fleet vehicles shall be adequately
screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to
ensure compatibility.
(2) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty
(20) feet in height and shall be shielded away from residential property.
(3) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site.
99. Community Garden.
a. All Districts.
(1) Setbacks. The cultivation area shall be setback or designed (planted) a minimum distance so as to not
violate any cross-visibility requirements and safe-sight standards required near vehicular use areas.
(2) Design. Walkways shall be unpaved except as necessary to meet the needs of individuals with
disabilities.
(3) Parking. Community gardens shall be exempt from the off-street parking requirements of Chapter 4,
Article V, Minimum Off-Street Parking Requirements. No vehicles, including harvesting machinery shall be
stored on the subject property or within the abutting right-of-way, except that such vehicles may be on the
property as necessary for completion of grading performed in accordance with a land development permit. See
Chapter 2, Article III, Section 3 for the regulations pertaining to the land development permit.
(4) Hours of Operation. No activity shall be conducted on-site between the hours of 9:00 p.m. and 7:00
a.m.
(5) Exterior Lighting. No temporary or permanent exterior lighting shall be used beyond the lawful
hours of operation.
(6) Walls and Fences. Walls and fences shall be allowed and regulated in accordance with Chapter 3,
Article V, Section 2.
(7) Open Burning. The open burning of neighborhood gardens shall be prohibited. See City Code of
Ordinances Part II, Chapter 9, Article II, Section 9-18 for the restrictions on open burning.
(8) Signage. Pursuant to Chapter 4, Article IV, Section 1.E., a non-illuminated sign with non-
commercial copy is allowed, provided that it does not exceed three (3) square feet in area. If proposed as a
freestanding structure, the sign shall not be greater than four (4) feet in height and must be located at least ten
(10) feet from any property line.
(9) Grading and Ground Elevation. The subject site shall not be excavated, graded, dredged, or filled to
the extent that it would change existing drainage patterns or cause rainwater to outfall onto abutting properties
or rights-of-way.
b. Residential Districts.
(1) IPUD District, PUD District, and MHP District. A community garden shall only be allowed on lands
considered common area by the homeowners or property owners' association or upon lots that are owned by
such association.
(2) Lot Size. The maximum lot size shall not exceed one-half (0.5) acre.
(3) Freestanding Structures and Site Amenities. No freestanding structures or site amenities allowed
under Chapter 3, Article V, Section 3 (e.g., sheds and storage containers, generators and fuel tanks, compost
bins and tumblers, agricultural structures) shall be allowed.
Page 117 of 206
(4) Seed and Fertilizer. No seed or fertilizer shall be stored on-site.
(5) Approval Process. A community garden shall require the approval of a zoning permit in accordance
with Chapter 2, Article II, Section 5.B.
c. All Commercial and Mixed Use Districts.
(1) Lot Size. The maximum lot size shall not exceed one (1) acre.
(2) Separation. A community garden shall be separated from another community garden by a minimum
of one thousand (1,000) feet.
(3) Freestanding Structures and Site Amenities. Freestanding structures and site amenities, including but
not limited to sheds and storage containers, generators and fuel tanks, compost bins and tumblers, or
agricultural structures are allowed, provided that they are installed, placed, erected, or constructed in accordance
with the respective provisions of Chapter 3, Article V, Section 3.
(4) Lot Coverage. The ground area of all freestanding structures and site amenities allowed under
Chapter 3, Article V, Section 3 that are installed, placed, erected, or constructed shall count towards lot
coverage; and all of these, including principal structures, shall not exceed the maximum allowed by the
respective zoning district.
(5) Approval Process. A community garden shall require the approval of a zoning permit in accordance
with Chapter 2, Article II, Section 5.B. However, those containing storage and/or agricultural structures greater
than one hundred (100) square feet as provided for in the Supplemental Regulations (Chapter 3, Article V,
Section 3) shall require approval of conditional use and site plan applications in accordance with Chapter 2,
Article II, Section 2.
(6) Retail Sales. The on-site sale of fruits, vegetables, nuts, or herbs harvested on-site is allowed, but
only in connection with the approval of a special event permit. Any temporary farm stand used during the
special event period shall be no larger than seventy-two (72) square feet and seven (7) feet in height. No fruits,
vegetables, nuts, or herbs harvested off-site or any products produced off-site shall be brought to the subject
property and sold on-site.
100. Warehouse, showroom (single product line).
a. All Districts (for recreational vehicles only).
(1) Minimum property size for the particular use shall be ten (10) acres.
(2) Must be located in a multi-tenant building.
(3) Interior display of recreational vehicles is required. Ancillary display outside an enclosed building
shall not exceed one and one-half (1-1/2)times the number of units displayed indoors.
(4) If ancillary outdoor display is proposed, the property shall not be located on an arterial or collector
roadway.
(5) Only one row of recreational vehicles may be displayed between the building and any road right-of-
way. No recreational vehicle may be displayed within ninety (90) feet of any road right-of-way.
(6) No ancillary outdoor display shall occur within required parking spaces.
(7) Location of ancillary outdoor display shall not obstruct or impede vehicular movements or
pedestrian access.
(8) Landscaping shall be in conformance with either “perimeter landscape buffer” or “landscape strip
abutting right-of-way” requirements, whichever is applicable.
Page 118 of 206
(9) No maintenance shall occur on site.
101. Medical Care or Testing (In-patient). Other requirements and site standards:
a. Conditional use approval shall be required if there exists less than a fifty (50) foot setback between the
subject use and an abutting residential or mixed use zoning district. This separation is intended to enable proper
site design regarding secured access, private outdoor patron amenities, buffering, and the like.
b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access
points, and operational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility
and/or property. This subsection may be proven unnecessary based on the use or operation, surrounding land
uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when
applying for Certificate of Use approval.
c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape
buffering intended to support the objective to control access and increase privacy of areas intended for client or
patient use. This subsection may be proven unnecessary based on the use or operation, surrounding land uses
and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying
for Certificate of Use approval.
d. In addition to the locational restriction of footnote No. 14 (arterial roadway frontage), allowed locations
within the CRA shall exclude Planning Areas #2, #3, and #4 as defined within the Federal Highway Corridor
Community Redevelopment Plan Update adopted in 2006, and the Boynton Beach Boulevard corridor. The
intent of this standard is to reserve certain areas within the CRA to those uses that contribute to, and enhance,
the entries into the downtown, the fabric of the streetscape, harmonious land use relationships, downtown retail
and commerce, and other urban development efforts that establish a sense of place along the key routes leading
to, and within, the downtown pursuant to an adopted redevelopment plan.
102. Pre-existing. Such pre-existing uses which are no longer allowed uses pursuant to amendments to the
Zoning Matrix shall not be construed as non-conforming uses. However, major modifications to such uses shall
be in accordance with the conditional use approval process if required pursuant to the Zoning Matrix, and
adhere to the site design and operational restrictions of the applicable footnotes.
103. Landscape Debris Stockpiling.
a. The commercial stockpiling of landscaping debris is allowed as a conditional use in the M-1 zoning
district subject to the following conditions:
1) Prior to commencing the operation of a landscaping debris storage site, a property owner must first
obtain a Business Tax Receipt and Certificate of Use from the city.
2) A site plan notated to show operational components of the storage facility (i.e. access, storage area,
setback, etc).
3) No stockpiling of landscaping debris shall be permitted on properties of less than 0.5 acres.
4) A minimum 20-foot wide stabilized all weather access road around the perimeter of the stockpile.
5) All stored landscaping debris shall be setback at least 30 feet from any residential property line and 25
feet from all other property lines.
6) All storm water drainage shall be maintained on the site by appropriate infrastructure and
improvements as approved by the City Engineer or his or her designees.
7) No chipping of stockpiled debris is permitted on the site.
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8) The perimeter of a storage site shall be screened with a wall or fence that obstructs the view of the
storage area from adjacent properties, except where such use abuts a residential zoning district screening shall
also include landscape elements that meet the intent of the Landscape Barrier as defined in Chapter 4, Article II
of the Land Development Regulations.
9) The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. Monday through Friday and Saturday
from 8:00 a.m. to 2:00 p.m. or as established during the conditional use approval process.
10) Access to operations shall be only from a public right-of-way. In no case, shall a delivery or removal
of the stored landscaping debris utilize a private road or alley serving residential uses for access.
11) The delivery, removal and storage shall utilize dust control measures.
12) Debris piles shall nol be placed on surfaces intended or designed for open space, or for parking or
vehicle circulation.
13) Storage areas shall include fire protection monitoring, alert and suppression systems as approved by
the City Fire Marshal. The following are minimum requirements which must be demonstrated to obtain Fire
Marshal approval:
a) No pile shall be higher than 10 feet. During any declared drought the height shall be limited to six
feet.
b) All piles shall be covered with a “breathable blanket” or site provided with a sprinkler system
approved by the City Fire Marshal.
c) All piles shall be secured behind a fence or other approved barrier that will be locked at all times
when not in use.
d) Because of the health hazards from the rotting vegetation and the vermin that may live there and the
fire hazard these piles shall be a minimum of 25 feet from any commercial building and 40 feet from any
residence.
e) A working garden hose shall be at the ready at all times to put out small spot fires.
f) Each pile shall be churned at least once per week and so noted on a roster to be maintained onsite
and made available to a Fire Department representative on request.
b. These provisions shall be in effect until August 22, 2018 as a pilot program and shall sunset unless
extended or made a permanent part of these regulations by a subsequent ordinance of the city.
(Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 11-018, passed 7-5-11; Am. Ord. 11-
023, passed 10-4-11; Am. Ord. 11-028, passed 10-18-11; Am. Ord. 12-006, passed 4-17-12; Am. Ord. 12-010,
passed 6-19-12; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 13-025, passed 10-1-13; Am. Ord. 13-029, passed
11-19-13; Am. Ord. 15-002, passed 3-17-15; Am. Ord. 15-003, passed 3-17-15; Am. Ord. 15-019, passed 8-18-
15; Am. Ord. 15-030, passed 11-3-15; Am. Ord. 16-010, passed 7-5-16; Am. Ord. 16-011, passed 7-5-16; Am.
Ord. 16-023, passed 1-3-17; Am. Ord. 17-005, passed 2-21-17)
Page 120 of 206
7.C.
New Business
8/22/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD:
(1) Approve The Villages at East Ocean Avenue - North Future Land Use Map Amendment (LUAR 17-
002) from Local Retail Commercial (LRC) to Mixed Use High (MXH). Applicant: Arthur B. D’Almeida
(2) Approve The Villages at East Ocean Avenue - North Rezoning (LUAR 17-002) from C-2 Neighborhood
Commercial and C-3 Community Commercial to MU-C, Mixed Use Core District with a proposed site plan for
336 multi-family units and 12,257 square feet of commercial space. Applicant: Arthur B. D’Almeida
EXPLANATION OF REQUEST:
The proposed Villages at East Ocean Avenue is a mixed use development on 5.14 acres which extend
between the FEC Railroad to the east and 3rd Street on the west, with Ocean Avenue beeing a dividing line
between the project’s North and South components. The North component covers the area north of Ocean
Avenue to Boynton Beach Boulevard, while the South part of the development extends from Ocean Avenue to
the alley south of SE 1st Avenue. The land use amendments, rezonings and site plans for the North and South
sections are processed concurrently (see the respective staff reports).
The subject request pertains to the North section of the Villages project. The project area consists of 11
parcels, 6 of which are currently vacant This section is proposed to be redeveloped under the highest density
Future Land Use (FLU) category of Mixed Use High, with Mixed Use Core zoning. The project will also avail
itself of the 25% Downtown Transit-Oriented Development District’s density bonus, bringing its maximum
density to 100 dwelling units per acre.
The request, if approved, would implement the CRA Plan's future land use (FLU) recommendation for the
area. The Villages’ North area is split between the Cultural and Boynton Beach Boulevard districts; each
district’s section carries the same FLU recommendation of Mixed Use High (MXH).
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will not require capacity
adjustment to the City services.
FISCAL IMPACT: The project, if approved and constructed, would ultimately lead to an increase in the
City's tax base.
ALTERNATIVES: Staff does not recommend any alternatives.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: NA
CLIMATE ACTION: No
Page 121 of 206
CLIMATE ACTION DISCUSSION: NA
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
Staff Report Staff Report
Location Map Exhibit A. Location Map
Exhibit Exhibit B. Villages proposed FLU
Exhibit Exhibit C. Villages proposed zoning
Exhibit Exhibit D. CRA FLU recommendation
REVIEWERS:
Department Reviewer Action Date
Planning and Zoning Rumpf, Michael Approved 8/17/2017 - 12:17 PM
Planning and Zoning Mack, Andrew Approved 8/17/2017 - 12:18 PM
Planning and Zoning Groff, Colin Approved 8/17/2017 - 4:23 PM
Assistant City Manager Groff, Colin Approved 8/17/2017 - 4:23 PM
City Manager Pyle, Judith Approved 8/17/2017 - 4:32 PM
Page 122 of 206
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FEC RAILWAYNE 3rd StNORTHPARCEL
SOUTHPARCEL
E Ocean Ave
E Boynton Beach Blvd
SE 2nd Ave SE 2nd Ave
SE 1st Pl
NE 1st Ave
SE 3rd StNE 4th StSE 1st Ave SE 1st Ave
LOCATION MAP
0 50 100 150 20025Feet
1
2
¯
EXHIBIT A
Page 131 of 206
FEC RAILWAYNE 3rd StE Ocean Ave
E Boynton Beach Blvd
NE 1st Ave
SE 3rd StNE 4th StSE 1st Ave
0 40 80 120 16020Feet
¯
NORTH PARCEL
MXH(proposed)
MXM
(proposed)
SOUTH PARCEL
VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): FLU
Legend
LOW DENSITY RESIDENTIAL (LDR), 7.5 D.U./Acre
MEDIUM DENSITY RESIDENTIAL (MEDR), 11 D.U./Acre
HIGH DENSITY RESIDENTIAL (HDR),15 D.U./Acre
MIXED USE MEDIUM (MXM), 50 D.U./Acre
MIXED USE HIGH (MXH), 80 D.U./ Acre
LOCAL RETAIL COMMERCIAL (LRC)
EXHIBIT B
Page 132 of 206
FEC RAILWAYNE 3rd StE Ocean Ave
E Boynton Beach Blvd
NE 1st Ave
SE 3rd StNE 4th StSE 1st Ave
0 40 80 120 16020Feet
¯
NORTHPARCEL
MU-C(proposed)
MU-2
(proposed)
SOUTH PARCEL
VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): ZONING
Legend: Zoning Districts
EXHIBIT C
R1A Single Family
R3 Multi Family
C2 Neighborhood Commercial
C3 Community Commercial
CBD Central Business District
MU-2 Mixed Use 2
MU-C Mixed Use Core Page 133 of 206
E Ocean AveNE 2nd StHorizons WSE 3rd Ave
SE 4th Ave
NE 1st Ave
E Boynton Beach Blvd
SE 2nd Ave
NE 2nd Ave
SE 1st Ave
NE 3rd Ave
SE 2nd Ave
SE 1st Ave NE 3rd StSE 3rd StNE 4th StNE 3rd Ave
NE 4th StSE 4th Ave
NE 1st Ave NE 6th Ct¯
0 50 100 150 20025Feet
Figure 12
CRA PLAN'S FLU RECOMMENDATIONS Exhibit D
LEGENDBoundaries of Villages Project, North and South
Mixed Use Medium (MXM) Future Land UseMixed Use High (MXH) Future Land Use
Boundary of Cultural DistrictBoundary of Boynton Beach Boulevard District
NORTHPARCEL
SOUTHPARCEL
FEC RAILWAYMXH
MXM
MXHMXM
Page 134 of 206
7.D.
New Business
8/22/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve request for
abandonment of a portion of rights-of-way (ABAN 17-002 through ABAN 17-006) consisting mostly of
unimproved streets and alleys between NE/SE 3rd Street and the FEC Railroad, from Boynton Beach
Boulevard south to SE 1st Avenue, in conjunction with request for major site plan modification approval of the
Villages at East Ocean mixed use project. Applicant: Arthur B. D’Almeida.
EXPLANATION OF REQUEST:
Bradley Miller, agent for Arthur B. D’Almeida, is requesting to abandon the following segments:
· Parcel No.1: The 20 foot wide alley immediately south of Boynton Beach Boulevard, easterly
from NE 3rd Street and terminating at the FEC Railroad right-of-way;
· Parcel No. 2: The 40 foot wide unimproved right-of-way of NE 1st Avenue, easterly from NE
3rd Street terminating at the FEC Railroad right-of-way;
· Parcel No. 3: The 20 foot wide alley immediately north of Ocean Avenue, beginning at the west
property line of Lot 8 of Block 5, Plat of Boynton, easterly and terminating at the FEC Railroad right-
of-way. This request exempts out that portion of the alley immediately north of Lot 7 of Block 5,
containing an existing condominium building and access to the parking adjacent thereto, which are
not part of the Villages at East Ocean proposed development project;
· Parcel No. 4: The 20 foot wide alley immediately south of Ocean Avenue, easterly from SE 3rd
Street and terminating at the FEC Railroad right-of-way;
· Parcel No. 5: The 40 foot wide improved right-of-way of SE 1st Avenue, easterly from SE 3rd
Street terminating at the FEC Railroad right-of-way;
All of the rights-of-way to be abandoned would all be completely surrounded within, and redeveloped as part of
the 5.14-acre Villages at East Ocean mixed use project. Existing utilities within these rights-of-way will be
relocated at the developer’s expense.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: N/A
ALTERNATIVES: None recommended.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: NA
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION: NA
Page 135 of 206
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
Staff Report Staff Report
Location Map Location Map
Drawings Legal Descriptions & Sketches
Letter Applicant's Justification
Memo Utilities Report Memo
Conditions of Approval Conditions of Approval
Development Order Development Order
REVIEWERS:
Department Reviewer Action Date
Planning and Zoning Rumpf, Michael Approved 8/15/2017 - 4:51 PM
Planning and Zoning Mack, Andrew Approved 8/15/2017 - 4:58 PM
Planning and Zoning Groff, Colin Approved 8/17/2017 - 4:22 PM
Assistant City Manager Groff, Colin Approved 8/17/2017 - 4:22 PM
City Manager Pyle, Judith Approved 8/17/2017 - 4:32 PM
Page 136 of 206
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 17-035
TO: Chair and Members
Planning & Development Board
THRU: Michael W. Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DATE: August 8, 2017
SUBJECT: Request for abandonment of a portion of rights-of-way (ABAN 17-002
through ABAN 17-006) consisting mostly of unimproved streets and alleys
between NE/SE 3rd Street and the FEC Railroad, from Boynton Beach
Boulevard south to SE 1st Avenue, in conjunction with request for major site
plan modification approval of the Villages at East Ocean mixed use project.
NATURE OF REQUEST
Bradley Miller, agent for Arthur B. D’Almeida, is requesting to abandon portions of rights-of-way
consisting mostly of unimproved streets and alleys between NE/SE 3rd Street and the FEC Railroad,
from Boynton Beach Boulevard south to SE 1st Avenue, in conjunction with request for major site
plan modification approval of the Villages at East Ocean mixed use project (see Exhibit “A” –
Location Map).
More specifically, the applicant is requesting to abandon the following segments:
• Parcel No.1: The 20 foot wide alley immediately south of Boynton Beach Boulevard,
easterly from NE 3rd Street and terminating at the FEC Railroad right-of-way;
• Parcel No. 2: The 40 foot wide unimproved right-of-way of NE 1st Avenue, easterly from NE
3rd Street and terminating at the FEC Railroad right-of-way;
• Parcel No. 3: The 20 foot wide alley immediately north of Ocean Avenue, beginning at the
west property line of Lot 8 of Block 5, Plat of Boynton, easterly and terminating at the FEC
Railroad right-of-way. This request exempts out that portion of the alley immediately north of
Lot 7 of Block 5, containing an existing condominium building and access to the parking
adjacent thereto, which are not part of the Villages at East Ocean proposed development
project;
• Parcel No. 4: The 20 foot wide alley immediately south of Ocean Avenue, easterly from SE
3rd Street and terminating at the FEC Railroad right-of-way;
• Parcel No. 5: The 40 foot wide improved right-of-way of SE 1st Avenue, easterly from SE 3rd
Street and terminating at the FEC Railroad right-of-way;
The rights-of-way to be abandoned would all be completely surrounded within, and redeveloped as
part of, the 5.14-acre mixed use project. Each individual abandonment request has been depicted
and described in Exhibit “B” – Legal Descriptions & Sketches.
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Page 2
Memorandum No. PZ 17-035
ABAN 17-002 through 17-006
BACKGROUND
The applicant is requesting to abandon portions of rights-of-way currently surrounded by properties
under the developer’s control. In order to develop a unified mixed use project extending 3.5 City
blocks, from Boynton Beach Boulevard south to SE 1st Avenue, certain rights-of-way require
abandoning. This same process was followed during the development of the 500 Ocean mixed use
project, which encompassed 2 full City blocks. As noted above, each of the right-of-way segments
requested to be abandoned terminate at the FEC Railroad and essentially serve only the traffic
needs of the parcels abutting them, which are all under the control of the developer. Existing utilities
within these rights-of-way will be relocated at the developer’s expense.
The applicant has submitted a justification statement for the requests (see Exhibit “C” – Applicant’s
Justification), which indicates that the rights-of-way are no longer needed for access purposes, as all
parcels abutting the segments to be abandoned are under the applicant’s control. The justification
statement further notes that any utilities and drainage existing in any of the segments are planned to
be relocated as part of the redevelopment plan for the site.
ANALYSIS
Owners of properties within 400 feet of the subject site were mailed a notice of these requests and
respective hearing dates. The applicant has certified that they posted signage and mailed notices in
accordance with Ordinance No. 04-007. A summary of the responses follows:
CITY DEPARTMENTS/DIVISIONS
Engineering - No objection w/ provision of necessary easements.
Public Works/Utilities - No objection, subject to compliance with all of the
conditions of approval noted in the August 7,
2017 memo from Milot Emile, Associate
Engineer in Utilities (see Exhibit D).
Planning and Zoning - No objection.
PUBLIC UTILITY COMPANIES
Florida Power and Light - No objection w/ provision of necessary easements
and relocation of utilities at developer’s cost, if
necessary.
AT & T - No objection w/ provision of necessary easements
and relocation of utilities at developer’s cost, if
necessary.
Florida Public Utilities - No objection w/ provision of necessary easements
and relocation of utilities at developer’s cost, if
necessary.
Comcast - No objection w/ provision of necessary easements
and relocation of utilities at developer’s cost, if
necessary.
Page 138 of 206
Page 3
Memorandum No. PZ 17-035
ABAN 17-002 through 17-006
RECOMMENDATION
Staff has determined that the subject portions of the rights-of-way requested to be abandoned do
not adversely impact traffic, do not adversely affect other adjacent property owners, and therefore no
longer serve a public purpose, subject to the conditions of approval for the necessary utility
relocations/improvements noted by staff during their review. Based on the above analysis, staff
recommends APPROVAL of the applicant’s request to abandon these portions of the rights-of-way,
subject to the attached conditions. Any conditions requested by the Planning and Development
Board or required by the Commission will be placed in Exhibit “E” - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Villages at E. Ocean\ABAN 17-002 through 17-006\Staff Report.doc
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FEC RAILWAYNE 3rd StE Ocean Ave
E Boynton Beach Blvd
SE 2nd Ave SE 2nd Ave
SE 1st Pl
NE 1st Ave
SE 3rd StNE 4th StSE 1st Ave SE 1st Ave
LOCATION MAP
0 50 100 150 20025Feet
1
2
¯
EXHIBIT A
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EXHIBIT “E”
CONDITIONS OF APPROVAL
Project Name: Villages at East Ocean
File number: ABAN 17-002 through 17-006
Reference: 4th review plans identified as a Major Site Plan Modification with a July 14, 2017
Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE
REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. Relocation of utilities, utility improvements and dedication of new
utility easements as specified in the City’s Utility Department’s
memo of August 7, 2017 (Exhibit “D”) shall be performed at the
developer’s expense prior to the issuance of a building permit.
FIRE
Comments: None.
POLICE
Comments: None.
BUILDING DIVISION
Comments: None.
PARKS AND RECREATION
Comments: None.
PLANNING AND ZONING
Comments:
2. Any conditions of approval from the various utility companies
requiring new or revised easements and developer relocation of
their facilities will be required to be addressed prior to issuance
of a building permit.
3. Approval is subject to approval of the concurrent applications for
Rezoning, Major Site Plan Modification and Community Design
Appeals.
Page 149 of 206
Ocean One (ABAN 17-001)
Conditions of Approval
Page 2 of 2
DEPARTMENTS
INCLUDE
REJECT
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Villages at E. Ocean\Abandonments\ABAN 17-002 through 17-006\COA.doc
Page 150 of 206
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Villages at East Ocean (ABAN 17-002 through 17-006)
APPLICANT: Bradley Miller, Miller Land Planning, Inc.
APPLICANT’S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017
APPROVAL SOUGHT: Request for abandonment of a portions of rights-of-way (ABAN 17-002
through ABAN 17-006) consisting mostly of unimproved streets and alleys
between NE/SE 3rd Street and the FEC Railroad, from Boynton Beach
Boulevard south to SE 1st Avenue, in conjunction with request for major site
plan modification approval of the Villages at East Ocean mixed use project.
LOCATION OF PROPERTY: 405 E. Ocean Avenue
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit “C”
with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
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7.E.
New Business
8/22/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve The Villages at East
Ocean Avenue - North Major Site Plan Modification (MSPM 17-003) request for a mixed-use development
consisting of an eight (8)-story building with 336 dwelling units, commercial space, and associated
recreational amenities and parking on a 3.379 acre site. Applicant: Arthur D'Almeida
EXPLANATION OF REQUEST:
The Villages at East Ocean Avenue is a proposed mixed use development on 5.14 acres split into two different
master plans with Ocean Avenue being the dividing line —the south portion extends from Ocean Avenue to the
alley south of SE 1st Avenue, while the north part covers the area from Ocean Avenue to Boynton Beach
Boulevard.
Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the
development of The Villages at East Ocean Avenue project. (See the respective staff reports). The requests
includes two (2) Future Land Use Map Amendments and Rezonings, two (2) Major Site Plan Modifications,
and a series of Right-Of-Way Abandonments. This request is for a Major Site Plan Modification for the north
parcel for approval to construct an 8-story, mixed-use development consisting of 336 multi-family residential
units, 12,257 square feet of commercial space and a supporting parking garage with 644 parking spaces.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: Non-budgeted
If approved and developed, the project would increase application and processing revenues and ultimately, the
City's tax base.
ALTERNATIVES: None recommended
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: N/A
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION: N/A
Is this a grant? No
Grant Amount:
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ATTACHMENTS:
Type Description
Staff Report Staff Report
Location Map Exhibit A - Location Map
Drawings Exhibit B - Project Plans
Conditions of Approval Exhibit C - Conditions of Approval
Development Order Development Order
REVIEWERS:
Department Reviewer Action Date
Planning and Zoning Rumpf, Michael Approved 8/17/2017 - 12:18 PM
Planning and Zoning Mack, Andrew Approved 8/17/2017 - 12:22 PM
Planning and Zoning Groff, Colin Approved 8/17/2017 - 4:24 PM
Assistant City Manager Groff, Colin Approved 8/17/2017 - 4:24 PM
City Manager Pyle, Judith Approved 8/17/2017 - 4:31 PM
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The Villages at East Ocean Avuene Staff Report (MSPM 17-003)
Memorandum No PZ 17-043
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2
Adjacent Uses:
North:
Right-of-way for Boynton Beach Boulevard and farther north is
developed commerical properties with a Land Use designation of Local
Retial Commercial (LRC) and zoning designation of Community
Commercial (C-3);
South:
Right-of-way for East Ocean Avenue and farther south is the planned
site of the southern portion of the subject project, Villages at East Ocean
– South, with a propsed Land Use classification of Mixed Use Medium
(MXM) and a zoning designation of MU-2 (Mixed Use 2);
East:
Right-of-way for the Florida East Coast (FEC) Railroad and NE 4th Street
and father east are developed commerical properties with a Land Use
classification of Mixed Use (pending reclassfication to MXH) and zoning
designation of CBD (Central Business District); and
West:
Right-of-way for NE 3rd Street and farther west are developed
commerical and multi-family properties with a Land Use classification of
High Density Residential (HDR) and a zoning designation of C-3
(Community Commerial) and R-3 (Multi-Family)
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject request were mailed a
notice of this request and its respective hearing dates. The applicant
certifies that they posted signage and mailed notices in accordance with
Ordinance No. 04-007.
BACKGROUND
Proposal: The Villages of East Ocean Avenue is a proposed mixed use development
on 5.14 acres split into two different master plans with Ocean Avenue being
the dividing line —the south portion extends from the Ocean Avenue to the
alley south of SE 1st Avenue, while the north part covers the area from
Ocean Avenue to Boynton Beach Boulevard.
Mr. Bradley Miller, agent for the owner, is requesting approval of several
concurrent applications for the development of The Villages at East Ocean
Avenue project. (See the respective staff reports). The requests include two
(2) Future Land Use Amendments and Rezonings, two (2) Major Site Plan
Modifications, and a series of Right-Of-Way Abandonments. This request is
for a Major Site Plan Modification for the north parcel for approval to
construct an 8-story, mixed-use development consisiting of 336 multi-family
residential units, 12,257 square feet of commercial space and a supporting
parking garage with 644 parking spaces.
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The Villages at East Ocean Avuene Staff Report (MSPM 17-003)
Memorandum No PZ 17-043
Page 5
5
lighting, accent plantings). The landscape design proposed by the applicant
depicts the use of street trees and covered arcades to create the
streetscape theme, with the lower landscape material placed at points along
the building foundation and between the street and sidewalk, in an effort to
provide maximum clear pedestrian pathways.
Building and Site: The proposed site area totals 3.377 acres. The dwelling units are located
above the retail spaces fronting Boynton Beach Boulavard and Ocean
Avenue, wrapping the ground floor amenity deck, and wrapping a parking
garage. The retail portion of the project totals 12,537 square feet and fronts
the main roadways and the public plaza. As noted previously, the parking
garage has seven (7) levels of parking, with dedicated resident parking.
Of the 336 residential units, three are loft, seven are studio, 135 are one (1)
bedroom, 181 are two (2) bedroom, and 10 are (3) bedroom units. The units
range in size from 693 square feet to 1,530 square feet. Each unit also has a
balcony or terrace that either faces out towards the street or in towards the
courtyard.
Relative to the floor area ratio (FAR) regulations within the code, the Mixed
Use Core (MU-C) zoning district has a maximum FAR of 4.0. The project is
also located within the “Transit Core” (1/4 mile radius of the planned station),
which requires that new development have a minimum density of 40 dwelling
units per acre (99.5 du/ac proposed) and a minumum FAR of 2.0 (2.92
proposed).
Building Height: Overall, the building design has the most intensity along the frontage of
Boynton Beach Boulevard, decreasing in intensity as the project approaches
Ocean Avenue. The maximum building height allowed in the MUC (Mixed
Use Core) zoning district is 150 feet. The proposed building elevations
depict the typical roof deck height of the mixed-use building at ninty (90)
feet, with an overal height of approximitly ninety-five (95). Along Ocean
Avenue, the building height is reduced in height to approxmitly thirty-five feet
(35’), per the CRA plan.
Setbacks: The MU-C zoning district requires no building setbacks, but rather a zero (0)
build-to line. However, the CRA plan recommends the building be setback
to allow for an enhanced public realm that includes street trees, sidewalks,
plazas, and active areas such as outdoor seating and retail uses. The
building setback is measured from the property line to the exterior surface of
the building or supporting columns. Along Boynton Beach Boulevard, the
proposed building setback along the length of the building is between eight
feet and twenty-seven feet. Along NE 3rd Street, the building setback is
approximately 16 feet except for the areas of the plaza / building entry,
which is setback to approximately 57 feet. The building along Ocean
Avenue has a setback of approximately 15 feet and includes a courtyard
area where the setback is 31 feet from the property line. The eastern
property line abuts the FEC Railroad right-of-way where the setback varies
between 13 feet and 18 feet.
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The Villages at East Ocean Avuene Staff Report (MSPM 17-003)
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6
Amenities: As noted above, there are three (3) separate plazas proposed to encourage
pedestrian interaction, with the first located at the center of the Ocean
Avenue frontage. A second plaza is proposed on NE 3rd Street at the main
entrance of the residential building and the third on Boynton Beach
Boulavard at the entry of the amenities area. The plazas are connected with
pedestrian zones that front along the rights-or-way. The pedestrian zones
include a street tree area, sidewalks, active areas and covered walkways.
The project also proposes a publicly accessible greenway along the eastern
property line.
The project has been designed with a large interior courtyard for resident
use, containing the community pool, spa, outdoor dining areas, and lush
tropical landscaping. The amenities located within the building include a
clubhouse, fitness center, and secured bike storage. The developer will also
be working with Palm Tran of Palm Beach County to relocate and create a
new transit shelter, designed utilizing some of the architectural
characteristics of the mixed use project.
Design: The intended architectural style for the project is “Coastal Village”, which is a
variation of Florida Vernacular Architecture. This architectural style fosters a
sense of place and identity for the district. The Coastal Village architectural
style blends tropical motifs such as climate-sensitive roof forms with
contemporary design elements such as vertical orientation, sparsely used
ornamentation, vertically-oriented windows, and materials such as concrete
and steel structural frames, standing seam metal roofs and use of colors.
The project materials and finishes are consistent with this architectural style.
The mixed-use projects are designed to create a pedestrian-friendly
environment by placing the buildings along pedestrian zones and articulating
the building mass avoiding a repetitive, continuous, monotonous building
block. The building mass fronting SE 3rd Street on both the north and south
parcels is articulated and scaled down as one moves from north to south.
This approach maintains the highest building mass and density closer to
Boynton beach Boulevard and a lower scale on both sides of Ocean
Avenue, terminating with a small townhouse building at the south end. The
buildings facing Boynton Beach Boulevard are stepped back ten feet at a
height of 45 feet in order to move the mass of the building farther from the
pedestrian environment.
Lighting: The photometric plans (Sheets PH-1 & PH-2) include 32 freestanding pole
light fixtures, with pole height ranging from 12 feet to a maximim of 15 feet.
The poles are designed to match the poles and light fixture already approved
along the Casa Costa, 500 Ocean and Boynton Promenade projects. The
poles and fixtures would be constructed of cast aluminum, black in color and
the light fixtures would have a flat lens to ensure the on-site illumination
would not “spill over” onto adjacent properties and rights-of-way as required
by code. There are no spot readings in excess of the maximum 5.9 foot-
candles allowed. Also proposed are a series of pedestian-scale, lit bollards.
Signage: Locations have been identified to ensure proper wayfinding for public
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The Villages at East Ocean Avuene Staff Report (MSPM 17-003)
Memorandum No PZ 17-043
Page 7
7
parking. Site and building signage have not been finalized and a Sign
Program must be approved prior to requesting any sign permits for the site
(see Exhibit “C” – Conditions of Approval).
Public Art: The project is subject to the Art in Public Places requirement, and the
applicant has been in discussions with the Public Arts Administrator
regarding the art and its placement. The project proposes Public Art
throughout the site including utilizing the building walls, site fountains, public
courtyards and walkways.
RECOMMENDATION
Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL,
subject to approval of the accompanying applications and satisfying all comments indicated in
Exhibit “C” – Conditions of Approval. Any additional conditions recommended by the Board or
required by the City Commission shall be documented accordingly in the Conditions of Approval.
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FEC RAILWAYNE 3rd StNORTHPARCEL
SOUTHPARCEL
E Ocean Ave
E Boynton Beach Blvd
SE 2nd Ave SE 2nd Ave
SE 1st Pl
NE 1st Ave
SE 3rd StNE 4th StSE 1st Ave SE 1st Ave
LOCATION MAP
0 50 100 150 20025Feet
1
2
¯
EXHIBIT A
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14 SE 4th Street, Boca Raton, FL 33432Tel 561 393 6555 Fax 561 395 0007Web www.rlcarchitects.com14 SE 4th Street, Boca Raton, FL 33432Tel 561 393 6555 Fax 561 395 0007Web www.rlcarchitects.com14 SE 4th Street, Boca Raton, FL 33432Tel 561 393 6555 Fax 561 395 0007Web www.rlcarchitects.com14 SE 4th Street, Boca Raton, FL 33432Tel 561 393 6555 Fax 561 395 0007Web www.rlcarchitects.comJuan CaycedoDigitally signed by Juan Caycedo Date: 2017.06.21 09:02:07 -04'00'Page 162 of 206
14 SE 4th Street, Boca Raton, FL 33432Tel 561 393 6555 Fax 561 395 0007Web www.rlcarchitects.com
14 SE 4th Street, Boca Raton, FL 33432Tel 561 393 6555 Fax 561 395 0007Web www.rlcarchitects.com
14 SE 4th Street, Boca Raton, FL 33432Tel 561 393 6555 Fax 561 395 0007Web www.rlcarchitects.com
14 SE 4th Street, Boca Raton, FL 33432Tel 561 393 6555 Fax 561 395 0007Web www.rlcarchitects.comPage 163 of 206
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1
EXHIBIT “C”
Conditions of Approval
Project Name: Villages at East Ocean (North)
File number: MSPM 17-003
Reference: 4th review of plans identified as a Major Site Plan Modification with a July 14, 2017
Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE
REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. Civil plans, including drainage calculations, in accordance with the
2010 LDR, Chapter 4, Article VIII, Section 3.G. will be required at
the time of permitting.
2. Coordinate with Stormwater Utilities to ensure that the consultant
models the stormwater discharge to the ultimate outfall.
3. Prior to permit application, please contact the Public Works
Department (561-742-6200) regarding the removal of refuse
during the construction phase per the CODE, Section 10-26 (a).
4. Section 26-34(A) of the code mandates the payment of water
and/or sewer capital facilities charges when a project is to receive
services from the city’s systems, and as an option, a capacity
reservation fee may be obtained at an additional cost and will only
be valid for a period of one (1) year after the fee has been paid.
Capacity reservation fees shall be paid upon the request for the
Utilities Department’s signature on the Health Department
application forms or within seven (7) days of site plan approval,
whichever occurs first. All fees will be determined based on the
final meter size(s), or expected demand.
5. The existing drainage infrastructure to remain within the project
limits and along the project frontage shall be Tele-inspected
before and after construction. Prior to the post construction tele-
inspection, the same lines shall be cleaned.
6. Please provide an Addressing Plan, prior to permit issuance.
7. Provide irrigation plans with the landscape plan, prior to permit
issuance.
8. Applicant shall work with the Utilities Department to determine the
project wastewater flow discharge, which will be entered into the
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Villages at East Ocean (North) MSPM 17-003
4th Review Comments
Page 2 of 5
2
DEPARTMENTS
INCLUDE
REJECT
City’s hydraulic model to determine if a lift station is required.
9. Please address storm water treatment for first inch of rainfall, as
well as conception detail and conveyance. Please note SFWMD
requirements may be more restrictive. Calculations for exfiltration
shall be submitted at time of permitting.
10. The attendance at a mandatory Pre-Construction Conference is
required prior to the start of any utilities work on site.
FIRE
Comments: None. All previous comments addressed at DART Meeting.
POLICE
Comments: None. All previous comments addressed at DART Meeting.
BUILDING DIVISION
Comments: Building comments will be addressed at time of permitting.
PARKS AND RECREATION
Comments:
11. Per City Ordinance, the Park Impact Fee for the North Parcel is
$199,920 (336 apartments X $595.00).
PLANNING AND ZONING
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Villages at East Ocean (North) MSPM 17-003
4th Review Comments
Page 3 of 5
3
DEPARTMENTS
INCLUDE
REJECT
Comments:
12. Sheet AS100 has the incorrect boundary for the project area
proposed to be rezoned. Please revise boundary to exclude
properties not owned by the applicant.
13. Sheet AS1.10 data Sheet AS1.10 data is incomplete. Please add
FAR calculations and revise parking calculations to accurately
reflect the plan.
14. In order to promote interconnectivity, as required per code, to
support the 5% parking reduction for the non-residential uses, the
applicant shall remove any fencing and gates at the north and
south termination of the pedestrian path adjacent to the railroad,
in order to allow free public access from Ocean Ave to Boynton
Beach Blvd along the east side of the project and to the public
space noted on the plans.
15. Please provide a detail drawing of the design of the bus shelter,
matching the architectural design, materials and colors of the
building.
16. Please depict the access points from the garage to the retail
spaces. Enhance public access points so they are clearly
discernable for the public.
17. Revise elevations to consistently match the submitted color chip,
“Adventure Orange”.
18. Please provide calculations and dimensions of ground floor
building facades which indicate that 50% (all mixed use buildings)
and 30% (for all residential buildings) of the area is occupied by
transparent windows or door openings. Note that the maximum sill
height of 2’ and minimum head height of 6’8” is required.
19. Please provide details of any proposed building signs. A Sign
Program will be required for the project. No sign permits will be
issued until the program is approved.
20. All applicable drawings should depict the improvements within the
right-of-way along the west side of the abutting condominium
building, including roadway, sidewalk, light poles, landscaping,
etc., in order to continue the proposed streetscape design from
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4th Review Comments
Page 4 of 5
4
DEPARTMENTS
INCLUDE
REJECT
Boynton Beach Boulevard south to Ocean Avenue.
21. Any approvals are subject to the approval of the associated right-
of-way abandonment applications.
HISTORIC PRESERVATION
Comments: Comments have been acknowledged and will be addressed
during site construction.
COMMUNITY REDEVELOPMENT AGENCY
Comments:
22. Clearly identify the location of the required parking spaces
associated with the proposed retail/restaurant and guests. Sheets
AS 1.10 parking table, AS 1.11 and A1.01.
23. As part of the applicant’s design and construction of the NE 3rd
Street r-o-w improvements, continue the pedestrian improvements
all the way to the corner of NE 3rd Street and E. Ocean Avenue.
Sheets AS1.11 and A1.01.
24. Overhead utilities must be undergrounded. An easement may
need to be retained in order to continue the undergrounding of
utilities along 3rd Street to continue south of Ocean Ave.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Villages at East Ocean- North (MSPM17-003)
APPLICANT: Arthur B. D’Almeida
APPLICANT’S ADDRESS: 105 East Palmetto Park Road, Boca Raton, FL, 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017
APPROVAL SOUGHT: Request for a Major Site Plan Modification approval for a mixed-use
development consisting of 336 dwelling units, commercial space, and
associated recreational amenities and parking on a 3.379 acre site.
LOCATION OF PROPERTY: South side of Boynton Beach Boulevard to Ocean Avenue between the F.E.C.
Railroad and NE 3rd Street
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit “C”
with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
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7.F.
New Business
8/22/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD:
(1) Approve The Villages at East Ocean - South Future Land Use Map Amendment (LUAR 17-003) from
Local Retail Commercial (LRC) to Mixed Use Medium (MXM). Applicant: Arthur B. D'Almeida
(2) Approve The Villages at East Ocean - South Rezoning (LUAR 17-003) from C-2 Neighborhood
Commercial to MU-2, Mixed Use 2 District with a proposed site plan for 35 multi-family units and 3,500
square feet of commercial space. Applicant: Arthur B. D'Almeida
EXPLANATION OF REQUEST:
The proposed Villages at East Ocean Avenue is a mixed use development on 5.14 acres which extend
between the FEC Railroad to the east and 3rd Street on the west, with Ocean Avenue beeing a dividing line
between the project’s North and South components. The North component covers the area north of Ocean
Avenue to Boynton Beach Boulevard, while the South part of the development extends from Ocean Avenue to
the alley south of SE 1st Avenue. The Future Land Use Map amendments, rezonings and site plans for the
North and South sections are processed concurrently (see the respective staff reports).
The subject request pertains to the South section of the Villages project. The property consist of 7 parcels,
currently developed with commercial and single-family uses. This section is proposed to be redeveloped under
the Mixed Use Medium (MXM) future land use category and Mixed Use 2 zoning.
The request, if approved, would implement the CRA Plan's future land use recommendation for the area.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will not require capacity
adjustment to the City services.
FISCAL IMPACT: If approved and developed, the project would encourage development and at higher
densities which would increase application and processing revenues and ultimately, the City's tax base.
ALTERNATIVES: Staff does not recommend any alternatives.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: NA
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION: NA
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Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
Staff Report Staff Report
Location Map Exhibit A. Location Map
Exhibit Exhibit B. Villages proposed FLU
Exhibit Exhibit C. Villages proposed zining
Exhibit Exhibit D. CRA FLU recommendations
REVIEWERS:
Department Reviewer Action Date
Planning and Zoning Rumpf, Michael Approved 8/16/2017 - 5:40 PM
Planning and Zoning Mack, Andrew Approved 8/17/2017 - 9:01 AM
Planning and Zoning Groff, Colin Approved 8/17/2017 - 4:24 PM
Assistant City Manager Groff, Colin Approved 8/17/2017 - 4:24 PM
City Manager Pyle, Judith Approved 8/17/2017 - 4:32 PM
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FEC RAILWAYNE 3rd StNORTHPARCEL
SOUTHPARCEL
E Ocean Ave
E Boynton Beach Blvd
SE 2nd Ave SE 2nd Ave
SE 1st Pl
NE 1st Ave
SE 3rd StNE 4th StSE 1st Ave SE 1st Ave
LOCATION MAP
0 50 100 150 20025Feet
1
2
¯
EXHIBIT A
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FEC RAILWAYNE 3rd StE Ocean Ave
E Boynton Beach Blvd
NE 1st Ave
SE 3rd StNE 4th StSE 1st Ave
0 40 80 120 16020Feet
¯
NORTH PARCEL
MXH(proposed)
MXM
(proposed)
SOUTH PARCEL
VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): FLU
Legend
LOW DENSITY RESIDENTIAL (LDR), 7.5 D.U./Acre
MEDIUM DENSITY RESIDENTIAL (MEDR), 11 D.U./Acre
HIGH DENSITY RESIDENTIAL (HDR),15 D.U./Acre
MIXED USE MEDIUM (MXM), 50 D.U./Acre
MIXED USE HIGH (MXH), 80 D.U./ Acre
LOCAL RETAIL COMMERCIAL (LRC)
EXHIBIT B
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FEC RAILWAYNE 3rd StE Ocean Ave
E Boynton Beach Blvd
NE 1st Ave
SE 3rd StNE 4th StSE 1st Ave
0 40 80 120 16020Feet
¯
NORTHPARCEL
MU-C(proposed)
MU-2
(proposed)
SOUTH PARCEL
VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): ZONING
Legend: Zoning Districts
EXHIBIT C
R1A Single Family
R3 Multi Family
C2 Neighborhood Commercial
C3 Community Commercial
CBD Central Business District
MU-2 Mixed Use 2
MU-C Mixed Use Core Page 185 of 206
E Ocean AveNE 2nd StHorizons WSE 3rd Ave
SE 4th Ave
NE 1st Ave
E Boynton Beach Blvd
SE 2nd Ave
NE 2nd Ave
SE 1st Ave
NE 3rd Ave
SE 2nd Ave
SE 1st Ave NE 3rd StSE 3rd StNE 4th StNE 3rd Ave
NE 4th StSE 4th Ave
NE 1st Ave NE 6th Ct¯
0 50 100 150 20025Feet
Figure 12
CRA PLAN'S FLU RECOMMENDATIONS Exhibit D
LEGENDBoundaries of Villages Project, North and South
Mixed Use Medium (MXM) Future Land UseMixed Use High (MXH) Future Land Use
Boundary of Cultural DistrictBoundary of Boynton Beach Boulevard District
NORTHPARCEL
SOUTHPARCEL
FEC RAILWAYMXH
MXM
MXHMXM
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7.G.
New Business
8/22/2017
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PLANNING AND DEVELOPMENT MEETING DATE: 8/22/2017
REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve The Village at East
Ocean Avenue - South Major Site Plan Modification (MSPM 17-004) for a mixed-use development consisting
of 35 dwelling units, commercial space, and associated recreational amenities and parking on a 1.764 acre
site. Applicant: Aurther D'Almeida
EXPLANATION OF REQUEST: The Villages at East Ocean Avenue is a proposed mixed use development
on 5.14 acres split into two different master plans with Ocean Avenue being the dividing line —the south
portion extends from the Ocean Avenue to the alley south of SE 1st Avenue, while the north part covers the
area from Ocean Avenue to Boynton Beach Boulevard.
Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the
development of The Villages at East Ocean Avenue project. (See the respective staff reports). The requests
include two (2) Future Land Use Map Amendments and Rezonings, two (2) Major Site Plan Modifications, and
a series of Right-Of-Way Abandonments. This request is for a Major Site Plan Modification for the south
parcel for approval to construct a mixed-use development consisting of 35 multi-family residential units, 3,500
square feet of commercial space and corresponding parking.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A
FISCAL IMPACT: Non-budgeted If approved and developed, the project would increase application and
processing revenues and ultimately, the City's tax base.
ALTERNATIVES: N/A
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: N/A
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION: N/A
Is this a grant? No
Grant Amount:
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ATTACHMENTS:
Type Description
Staff Report Staff Report
Location Map Exhibit A - Location Map
Drawings Exhibit B - Project Plans
Conditions of Approval Exhibit C - Conditions of Approval
Development Order Development Order
REVIEWERS:
Department Reviewer Action Date
Planning and Zoning Rumpf, Michael Approved 8/16/2017 - 5:21 PM
Planning and Zoning Mack, Andrew Rejected 8/17/2017 - 9:57 AM
Planning and Zoning Bassielya, Amanda Approved 8/17/2017 - 10:36 AM
Planning and Zoning Rumpf, Michael Approved 8/17/2017 - 10:58 AM
Planning and Zoning Mack, Andrew Approved 8/17/2017 - 12:08 PM
Planning and Zoning Groff, Colin Approved 8/17/2017 - 4:25 PM
Assistant City Manager Groff, Colin Approved 8/17/2017 - 4:25 PM
City Manager Pyle, Judith Approved 8/17/2017 - 4:31 PM
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FEC RAILWAYNE 3rd StNORTHPARCEL
SOUTHPARCEL
E Ocean Ave
E Boynton Beach Blvd
SE 2nd Ave SE 2nd Ave
SE 1st Pl
NE 1st Ave
SE 3rd StNE 4th StSE 1st Ave SE 1st Ave
LOCATION MAP
0 50 100 150 20025Feet
1
2
¯
EXHIBIT A
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14 SE 4th Street, Boca Raton, FL 33432Tel 561 393 6555 Fax 561 395 0007Web www.rlcarchitects.com14 SE 4th Street, Boca Raton, FL 33432Tel 561 393 6555 Fax 561 395 0007Web www.rlcarchitects.com14 SE 4th Street, Boca Raton, FL 33432Tel 561 393 6555 Fax 561 395 0007Web www.rlcarchitects.com14 SE 4th Street, Boca Raton, FL 33432Tel 561 393 6555 Fax 561 395 0007Web www.rlcarchitects.comJuan CaycedoDigitally signed by Juan Caycedo Date: 2017.06.20 19:40:00 -04'00'Page 196 of 206
14 SE 4th Street, Boca Raton, FL 33432
Tel 561 393 6555 Fax 561 395 0007
Web www.rlcarchitects.com
14 SE 4th Street, Boca Raton, FL 33432
Tel 561 393 6555 Fax 561 395 0007
Web www.rlcarchitects.com
14 SE 4th Street, Boca Raton, FL 33432
Tel 561 393 6555 Fax 561 395 0007
Web www.rlcarchitects.com
14 SE 4th Street, Boca Raton, FL 33432
Tel 561 393 6555 Fax 561 395 0007
Web www.rlcarchitects.comPage 197 of 206
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1
EXHIBIT “C”
Conditions of Approval
Project Name: Villages at East Ocean (South)
File number: MSPM 17-004
Reference: 4th review of plans identified as a Major Site Plan Modification with a July 14, 2017
Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE
REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. Full drainage plans, including drainage calculations, in accordance
with the 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be
required at the time of permitting.
2. Please coordinate with Stormwater Utilities to ensure modeling of
the stormwater discharge to the ultimate outfall.
3. Prior to permit application, please contact the Public Works
Department (561-742-6200) regarding the removal of refuse
during the construction phase per the CODE, Section 10-26 (a).
4. The CODE, Section 26-34(A) mandates the payment of water
and/or sewer capital facilities charges when a project is to receive
services from the city’s systems, and as an option, a capacity
reservation fee may be obtained at an additional cost and will only
be valid for a period of one (1) year after the fee has been paid.
Capacity reservation fees shall be paid upon the request for the
Utilities Department’s signature on the Health Department
application forms or within seven (7) days of site plan approval,
whichever occurs first. All fees will be determined based on the
final meter size(s), or expected demand.
5. The existing drainage to remain within the project limits and along
the project frontage shall be Tele-inspected before and after
construction. Prior to the post construction tele-inspection, the
same lines shall be cleaned.
6. Profile sections shall be required along each property line. This
comment can be addressed in the Land Development submittal.
7. Provide an Addressing Plan, prior to permit issuance.
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Villages at East Ocean (South) MSPM 17-004
3rd Review Comments
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2
DEPARTMENTS
INCLUDE
REJECT
8. Provide irrigation plans with the landscape plan, prior to permit
issuance.
9. Applicant shall work with the Utility Department to determine the
project wastewater flow discharge, which will be entered into the
City’s hydraulic model to determine if a lift station is required.
10. Please address storm water treatment for first inch of rainfall, as
well as conception detail and conveyance. Please note SFWMD
requirements may be more restrictive. Calculations for exfiltration
shall be submitted at time of permitting.
11. The attendance at a mandatory Pre-Construction Conference is
required prior to the start of any utilities work on site.
FIRE
Comments: None. All previous comments addressed at DART Meeting.
POLICE
Comments: None. All previous comments addressed at DART Meeting.
BUILDING DIVISION
Comments: Building comments will be addressed at time of permitting.
PARKS AND RECREATION
Comments:
12. Per City Ordinance, the Park Impact Fee for the South Parcel is
$22,225 (30 apartments X $595 + 5 townhomes X $875).
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Villages at East Ocean (South) MSPM 17-004
3rd Review Comments
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3
DEPARTMENTS
INCLUDE
REJECT
PLANNING AND ZONING
Comments:
13. Sheet AS1.10 data is incomplete. Please add FAR calculations
and revise parking calculations to accurately reflect the plan.
14. Please provide calculations and dimensions of ground floor
building facades which indicate that 50% (all mixed use buildings)
and 30% (for all residential buildings) of the area is occupied by
transparent windows or door openings.
15. Please provide details of any proposed building signs. A Sign
Program will be required for the project. No sign permits will be
issued until the program is approved.
16. Any approvals are subject to the approval of the associated right-
of-way abandonment applications.
17. Revise elevations to consistently match the submitted color chip,
“Adventure Orange”.
18. Existing historic structure on the property does not seem to have
an assigned use or associated parking. Please mark the plans
and include the tabular date to ensure parking is provided.
19. Provide square footages by use on the plan to ensure parking
tabular data is accounting for all proposed areas.
HISTORIC PRESERVATION
Comments: None.
COMMUNITY REDEVELOPMENT AGENCY
Comments:
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3rd Review Comments
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4
DEPARTMENTS
INCLUDE
REJECT
20. Clearly identify the location of the required parking spaces
associated with the proposed retail/restaurant and guests. Sheets
AS 1.10 parking table, AS 1.11 and A1.01.
21. Overhead utilities must be undergrounded. An easement may
need to be retained in order to continue the undergrounding of
utilities along 3rd Street to continue south of Ocean Ave.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages South (MSPM 17-004)\StaffReport\ExhibitC COA.doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Villages at East Ocean- South (MSPM17-004)
APPLICANT: Arthur B. D’Almeida
APPLICANT’S ADDRESS: 105 East Palmetto Park Road, Boca Raton, FL, 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017
APPROVAL SOUGHT: Major Site Plan Modification approval for a mixed-use development consisting
of 35 dwelling units, commercial space, and associated recreational amenities
and parking on a 1.764 acre site.
LOCATION OF PROPERTY: South side of Ocean Avenue to the alley south of SE 1st Avenue between the
F.E.C. Railroad and SE 3rd Street
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit “C”
with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________ _____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
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