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O62-09ORDINANCE NO. 62-9 ~d/ ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ~NDING OPJ)INANCE NO. 61-43 OF SAID CITY, ESTABLISHING CO}~R~L~ENSIVE ZONING REGULATIONS FOR SAID CITY AND ADOPTING A R~WISED ZONING }JLAP AND PROVIDING FOR THE ADMINISTRATION AND ~NFORCE- },~T THEP~OF; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. BE IT ORDAI~D by the City Council of the City of Boynton Beach, Florida, that Ordinance No. 61-43 of said City is hereby amended to read: SECTION1. Pb~POSE: In order to lessen congestion inthe streets; to secure safety from fire, psnic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the over crowding of land; to avoid undue concentration of population; to facilitate adequate provisions of transportation, water, sewerage, schools, parks and other public require- ments; to conserve the value of buildings and encourage the most appropriate use of land through the corporate area, the comprehensive plan and revised zoning map dated June 4, 1962, now on file in the office of the City Director of Planning and Inspection in the Boynton Beach City Hall is hereby adopted by reference, incorporated herein and established as the official comprehensive plan and zoning map of the City of Boynton Beach, Florida. SECTION 2. DEFINITIqN~: All words used in the present tense include the future; all words in the singular number include the plural and the plural the singular; the word "building" includes the word "structure"; the word "~hall" is mandatory and not directory; and the word "person" includes firm, corporation or municipal corporation as well as a natural person. The word '~nap" shall mean the "Zoning Map of the City of Boynton Beach". The term "City Council" shall mean the City Council of the City of Boynton Beach, and the word "City" shall mean the City of Boynton Beach, a corporation of the State of Florida. The word "used" shall be deemed to include the words "arranged, designed or intended to be occupied". ACCESSORY USE OR BUILDING. A subordinate use or building custom- arily incident to and located upon the same lot occupied by the main use or building~ ALLEY. A roadway dedicated to public use which affords only a secondary means of access to abutting property and not intended for general traffic circulation. APARTMENT HOUSE. See Multiple Family Dwelling. BOARDING (LODGING) HOUSE. A building other than a hotel, where lodging or meals or both are served for compensation. BUILDING. A structure having a roof supported by columns or walls. BUILDING, HEIGHT OF. ~e vertical distance from the mean finished grade to the hi~hest point of themaln-building. The ~eight of a wall is~the vertical distance from the grade to the mean level of the top of the wall, including any dormers or gables on the wall. CLINIC. A clinic is an establishment where patients, who are not lodged over night, are admitted for examination and treatment by one person or a group of persons practicing any form of healing or health building services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any such profession the practice of which is lawful in the State of Florida. ? -1- CLUB. Buildings and facilities owned and operated by a corpo- ration or association of persons for social or recreational purposes but not operated primarily for profit or to render~ service which is customarily carried on as a business. D'~LINGo A building or portion thereof designed exclusively for residential occupancy, including one, two and multiple family dwellings, but not including hotels, boarding, lodging houses or house trailers whether such trailers are mobile or located in a stationary fashion as when on blocks or other foundation. Dk~LLING, ONE FAMILY. A building designed for or occupied exclusively by one family. DTJ~LLING, ~0 F~d~IILY. A building designed for or occupied exclusively by two families. DWELLING, I.~[OLTIPLE. A building designed for or occupied exclusively by three or more families. FAMILY. Any number of related individuals living together as a single housekeeping unit. FILLING (SERVICE) STATION. Any building, structure or laud used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories and in connection with which is perf=med general automotive servicing as distinguished from automotive repairs. GARAGE APAR~T. An accessory building with storage capa city for not less than one automobile, the seCOnd floor of which is designed as a dwelling place for not more than one family and shall have a floor area of not less than three hundred sixty (360) square feet. GUEST HOUSE (TOURIST HO}~). Any dwelling in which rooms are rented for guests or for lodging of transients and travelers for compensa- tion and so advertised to the public. HOME OCCUPATION. Any occupation in connection with which there is kept no stock in trade nor commodity sold upon the premises, no person employed other th~n a member of the immediate family residing upon the premises and no mechanical equipment used except such as is permissible for purely domestic or household purposes; and in connection with which there is used no sign other than ~u unlighted name plate not more than two square feet in area, nor display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. HOTEL. A building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transients or permanent guests or tenants, in which ten or more rooms are furnished for the accommodation of such guests; end having or not having one or more dining rooms, restaurants or cafes, where meals are served; such sleeping accommodations and dining rooms~ restaurants or cafes, if existing being conducted in the same building or accessory buildings in connection therewith~ JUNK YARD. An open area where waste, used or second hand materials are bought~ sold, exchanged, stored, baled, packed, disassembled, or handled, includLng but not limited to scrap iron and other metals, cloths, paper, rags, plumbing fixtures, rubber tires and bottles. A junk yard includes an~ automobile wrecking yard.. K~DEHGARTEN, OR NURSERY SCHOOL. A training and socializing center for children usually under five years of age. LAEIDRY, SELF-SERVICE (LAUNDROMAT). A business rendering a retail service by renting to the individual customer equipment for the washing, drying and otherwise processing laundry, with such equipment to -2- be serviced and its use and operation supervised by t he management. LOT. A parcel of land occupied or to be occupied by one main building and its accessory buildings with such open and parking spaces as are required by the provisions of this ordinance and having its principal frontage upon a street. LOT, CORNER. A lot abutting upon two or more streets at their intersection. LOT OF RECORD. A lot which is a part of a subdivision, the map of which has been recorded in the office of the Clerk of the Circuit Court of Psis Beach County, Florida. LOT DEP~. The depth of a lot is the distance measured Lu a mean direction of the side lines of the lot from the midpoint of tho front line to the midpoint of the opposite rear line of the lot. LOT WIDTH. The mean horizontal distance between the side lot lines, measured at right angles to the depth. MOTEL, TOURIST COURT, MOTOR LODGE. A group of attached or detached buildings containing individual sleeping units, with automobile storage or parking space provided in connection therewith. NON-CONFOPJ~ING USE. A building or land occupied by a use that does not conform with the regulations of the district in which it is located. NURSING (CONVALESCENT) HOME. A home for the aged, eh~onically or incurable persons in which three or more persons not of the immediate family are received.~ kept or provided with food and shelter or cs~re for compensation; but not including hospitals, clinics or similar instibutions devoted primarily to the diagnosis and treatment of the sick or injurod. PARKING LOT. An area or plot of land used for the storage or parking of vehicles. SIGN, AD%~RTISING. Any structure or part thereof on~hich lettered or pictorial matter is displayed for advertising or notice purposes~ STPhW. F.T. A public thoroughfare which affords principal means of access to abutting property. STRUT LINE. The line between the street and abutting property. STRUCgJEE. Anything constructed or erected, the use of which requires permanent location on the land and shall include swimming pools, tents, lunch wagons, diners, camp cars or trailers,on wheels or other supports, intended for business use or as living quarters, STP~CTJRAL ALTERATIONS. Any change, except for repair or replacement, in the supporting members of a building, such as bearing wall~ columns, beams or girders, floor joists or roof joists. SUBDiVISION~ The division of aparcel of land into two (2) or morel ots or parcels, either by plat into lots andblocks or by metes and bounds description, for the purpose of transfer ofownership or develop~ ment, or, if a new street is involved, any division of a parcel of land~ TRAI~5~R ORMOB!LEHO~.. Any unit used for business purposes or as an office or for living and sleeping purposes and which is equipped with wheels or similar devices used.for the purpose of transporting said unit from place to place, whether bymotive power or other means. TRAILER PARK. A duly licensed camp, park or other area established to carry on the business of parking or otherwise servicing trailers. The site plan and all sanitary.facilities of a trailer park must conform to the requirements of the State and County health atrbhoritles. TRAILER SAL~S.1 A lot or group of lots used only for display and sales of Mobile Homes or Trailers. USED CAR LOT. A lot or group of contiguous lots, used only for the storage, display, purchase and sale of use6 automobiles. Vt~_RIANCE. A special exception to existing zoning regulations Lu a specific instance permitting a non conforming use to alleviate hardship. YARD. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein. Y~RD, FRONT. A yard across the full width of the lot, from the front line of the building to the front line of the lot, st eps. extending excluding YARD, REAR. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building. YARD, SIDE. An open unoccupied space on the same lot wlth the main building situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. SECTION 9. DISTRICTS k~D BOUNDARIES 1. In order to classify and regulate the uses of land and buildings, the height and bulk of buildings, the area and other open spaces about buildings and the intensity of land use, the City of Boynton Beach, is divided into eight (~) Districts to be known as follows: R-1AA - Single Family D~elling District R-lA R-1 R-2 C-1 C-2 M-! - Single Family Dwelling District -Single Family Dwelling District - Multiple Family Dwelling and Institutional Building District - Multiple Family Dwelling, Office, and Motel District - Limited Commercial District - Genera. Commercial District - Industrial District 2. The boundaries of such districts are hereby established as shown on the mad acco~osnying this ordinance and made a part thereof; and designated the "Official 2~nLug Map of the City of Boynton Beach, Florida". Said map and all the notations, references and other information shown thereon are as much a p~vt of this ordinance as if the information set forth thereon were all fully described and set out herein. 3. In the creation, by this ordinance, of the respective districts~ the City Council has given due and careful consideration to the peculiar suitability of each and every district for the particular regulations applied thereto ~.d the necessary, proper and comprehensive groupiugs and arrangements of the various uses and densities of population Lu accordance with a well considered plan for the development of the city. 4. The boundaries of the districts shown upon the map adopted by this ordinance or amendments thereto, are hereby adopted and approved aod the regulations of this ordinance governing the use of land and buildings~ the height of buildi~_gs, building site area, the sizes of 5~rds about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon said map. 5. Where uncertainly exists as to boundaries of any district sho~ on said map, the following rules shall apply: (a) Where such district boUndaries are indicated as approximately following section or quarter section lines, street lines, alley linen or lot lines, such lines shall be construed to be such boundaries. (b) In unsubdi~rlded property or where a district boundary dividss a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map~ (c) ~ere a district boundary divides the area of a lot unequally~ the district classification and regulations of the larger portion sha]_~ apply to the remaining smaller portion of the lot. (d) Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.. (e) In case any further uncertainty exists, the City Council shall interpret the intent of the map as to location of such boundaries. SECTION g., ,PROHIBIT,ED .USES,, EXCEPT AS HER.E. INAFTER PROVIDED 1. No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all ~'~e district regulations established by this ordinance for the district in which the building or land is located. 2. No building shall be erected, reconstructed or structurally altered tc exceed the height or bulk limits herein established for the district in which such building is located. 3. The minimum yards and other open spaces, including the intensity of use provisions contained in this ordinance for each and every building existing at the time of the passage of this ordinance or for any building hereafter erected or structurally altered, shall not be encroached upon or considered as yard or open space requirements or intensity of use requirements for any other building. ~. Every building hereafter erected shall be located on a lot, or parcel of land, as defined in Section 2 hereof, and in no case shall there ~ more than one main building and the customary accessory buildings on one lot, or parcel and in no case shall the main building plus accessory building occupy an area greater than the coverage prescribed herein. 5. The uses of all buildings and property publicly o%~ed and engaged in the performance of a public function may be permitted in any distri~b provided however, that such use is not obnoxious or detrimental to the health or welfare of the city, and specifically excluded as provided in the follow~g sections. SECTI~O.N 5.;~ R-1AA~, .R-lA AND R-.l.S..I. NGLE FAMILY D~LLING DISTRICT Within any R-1AA, R-lA and R-1 Single Family Dwelling District, no building, structure, land or water~all be used except for one or more of the following uses: 1. Single Fanily Dwellings and their customary accessory uses, when located on the same lot as the principal use. 2. Parks and playgrounds, when owned or operated by the City, County, or State. B. CONDITIONAL 1. ~'~nen, after review of an application and plans appurtenant thereto and -5- hearing thereon, the Planning Board finds as a fact that the proposed use or uses are consistent with the City's Comprehensive Development Plen, meet the~specific requirements enumerated in sub-sections C, D, and E below, and are in the public interest; the following uses may be recommended to the City Council for approval: (a) City owned or operated recreation and community buildings and Id.braries. (b) Churches and their accessory educational and recreational buildings and playgrounds. (c) Elementary, junior and senior high schools. (d) Nursery schools permitted in the R-1 and R-lA districts; however they shall comply with requirements and/or codes of the State Board of Education. 2. M~y review of an application or plan shall consider the character of the neighborhood in which the proposed use is to be located, with reference to the effect of the proposed development on surrounding properties and 'the public benefit and need for such use in the neighborhood, and further, a consideration of site area, open spaces, buffer strips, and off-street parking facilities, as defined in the minimum requirements in the following sections: C. BUILDinG HEIGHT REGULATIONS No dwelling shall ~xceed twenty-five (25) feet (2½ stories) in height, measured from the crown of the road, street or avenue upon which the building faces. Churches, libraries, community center buildings, educational and recreational buildings, and utility structures may not exceed thirty-five (35) feet in height, except by increasing the minim~m side yards one foot for each additional foot of height in excess o£ thirty-five (35) feet. BUILDING SI~ APJEA RE. GULAT~, ONS_ Each single family dwelling shall be located on a lot or parcel of land having an area of not less than 7500 square feet and mfinimum width of 70 feet in R-1AA districts; 6000 square feet area with minLmumwidth of 60 feet in R-lA districts and 5000 square feet with minimumwidth of 60 feet in R-1 districts, all measured at the building line. e Educational and recreational buildings, churches and their accessory uses, and community buildings shall have a minimum site of one acre and said lot shall have a minimumwidth of one hundred fifty (150) feet. Nursery schools and kindergartens shall have minimum lot areas sufficient to provide one hundred square feet of play area per child in a fenced area, based upon anticipated enrollment for ~ich facilities will be provided, but such lots shall not be less than %500 square feet, All other conditional uses, such as utility structures, shall provide minimo~ areas as determined by the Planning Board to provide for the use with adequate set back of structures from abutting residential lots. E. FRONT _RE~.AND SIDE_.YARD REQ.U~TS~ 1. FRONT YARD: ~here shall be a front yard of not less than twenty- f-~v~-feet in the R-1AA, R-lA, and R-1 Districts. YARD: There Shall be a rear yard of not less than twenty-five ~ in each district. SIDE YARD: There shall be a side yard of not less than 7½ feet Lu the R-1AA and R-lA Districts, and of not less than six (6) feet in the R-1 District, except churches, libraries, educational and recreational buildings, and community buildings, ~ich shall main- tain a minimum side yard of twenty-five (25) feet. Side yards of utility structures shall be determined by the Planning Board upon review of the application but there may not be less than the minimum prescribed above. ~0~_~ER LO~TS: On corner lots the side yard adjacent to the street shall not be less than one-half the front yard requirements, except where the corner lot faces a different street than the remaining lots in the block, the twenty-five (25) foot set back s hall be maintained on both streets. ?~... ,LOT COVERAGE me Forty per cent of the lot area is the maximum that may be covered by principal and accessory buildings located thereon. Swinmming pools are excepted from this provision. G. ~GEN,ERAL, PROVISIONS AND. EXCEPt. IOnS See Section 12. H. OFF-STREET PARKING AND LOADING ~R~.UL.ATIONS: See Section ]3- I? MINI~M FLOOR AREA: See Section ll. SECTION 6. R-2 MULTIPLE F~IILY .AND. INSTITUTIONAL BUILDING DISTRICT A. USES PEP&{ITTED Within any R-2 ~ltiple Family and Institutional Building District no building structure, land or water may be used except for one or more of the follo~ing uses: Any use permitted in the R-1AA, R-lA, and R-1 Single Fam~ilyDwelling District. ~o Family ~vellings, Multiple Fsmily Dwellings, Garage Apartments as an accessory use located on the rear of a lot having a principal structure located on the front half. Two Family and Multiple Family Dwellings in R-2 zone shall not exceed 25 feet in height (2 ½ stories) ~th a maximum of eight famili~s..per principal .... ~ ~mit and there shall be a minimum of twelve f~et b~tween Drin~.Da1 units. 3. Home occupations as defined in Section 2. Private clubs and lodges not of a commercial nature. Studios for music and art teachers. 5. Nursing and convalescent homes. 6. Churches and their accessory educational and recreational buildings and playgrounds. City o~aed or operated recreation and community buildings and libraries. Utility structures and substations including telephone exchanges. E® Elementary, junior and senior high schools. Nursery schools and kindergartens.. 9. Accessory buildings and uses customarily incident to the above uses when located on the same lot and not involving the conduct of a business. Non-illuminated signs of not more than two (2) square feet, used for identifying the structure or use and without ad- vertising information, may be attached to the principal structLu~. Bo CONDITIONAL USES ~en, after review of an application and plans appurtenant thereto and hea~ing thereon, the Planning Board finds as a fact that the proposed use or uses are consistent with the City's Comprehensive Development Plan and are in the public interest; the following uses may be recommended to the City Council for approval: (a) Non-illuminated signs identifying clinics, clubs and lodges, hospitals, churches, schools, and public buildings may be increased not to exceed 8 square feet. Any review of an application shall consider the character of the neighborhood in which the proposed use is to b e located, with reference to the effect of the proposed development on surrounding properties and the public benefit and need for such use in the neighborhood, and, further, a consideration of site area, open spaces, buffer strips, and off-street parking facilities, as defined in t he minimum requirements of the following sub-sections: C. BUILOING HEIGHT REG~LATION~ No building shall exceed thirty-five (35) feet in height. Churches, educational and recreational buildings, and utility structures may be increased in height by increasing the minimum side yards one foot for each additional foot of height in excess of thirty-five (3~)'feet. D. DUILDING SITE AREA REGULATIONS The site requirements in the R-2 District are: For one family dwellings, five thousand (5,000) square feet and said lots shall have minimumwidths of fifty (50) feet. For two family dwellings, seven thousand five hundred (7,500) square feet and said lots shall have minimum widths of seventy-five (75) feet. For multiple family dwellings, for each dwelling unit on the first floor there shall be a minimum of two thousand five hundred square feet (2,500) of lot area; for each dwelling unit added above the first floor there shall be an additional lot area of one thousand five hundred (1,500) square feet. Minimum lots for multiple family use shall not be less than seven thousand five hundred (7,500) square feet with a minimum lot width of not less than seventy-five (75) feet. For other uses, there shall be a minimum lot area of five thousand (5,000) square feet and said lots shall have a minimumwidth of fifty (50) feet, except each use must have sufficient lot area to conform to off-street parking and open space requirements of this district. FRONT,~REAR AND SIDE YARD REGULATIONS 1. FRONT YARD: There shall be a front yard of not less than twenty- five '(2--~ feet in depth. SIDE Y~: There shall be a side yard on each side of the princi- pal structure of not less than six feet (6). 3.~ ~ YA~: There shall be a rear yard of not less than twenty (20) feet. CORNER LOTS; On corner lots the side yard adjacent to the street shall not be less than one-half the front yard requirements except where the corner lot faces a different street than the remaining lots in the block, the twenty five (25) foot set back shall be maintained on both streets. F. LOT COVERAGE Fifty (50) per cent of the lot area is the maximumthat may be cove~- ed by the principal and accessory buildings or structures located thereon, swinmming pools excepted from this provision. G. GENERAL PROVISIONS AN.D E~.CEPTION~S See Section 12. H. OFF-STREET PARKING See Section 13. i. INn m F OOR See Section 11. SECT.ION~. 7. R.-3 MULTIPLE F..AMILY, OFFICE AND MOTEL DiST~.ICT. Within any R-3 Multiple Family Dwelling, Office, and Motel District no building, structure, land or wa~er may be used except for one or more of the following uses: A. US$..S. ~MERMITTED 1. Any use permitted in the R-2 District. The follo~*ing professional offices: physician, surgeon, dentist, chiropractor, naturopath, and others of the medical profession registered by the State of Florida; lawyers, engineers, architects. 3. Hospitals, medical and dental clinics but no animal hospitals. Prescription pharmacywke~part of a clinic. &. ~tels and hotels. 5. Restaurants when a part of the principal motel, hotel, apartment, or office structure. 6. Ferneries, plant nurseries and commercial green houses, and other agriculttu, al and horticultural uses. 7. General business offices. CONDITIONAL USES ~en, after review of an application and plans appurtena~h hereto and hearing thereon, the Planning Board finds as a fact that the proposed use or uses are consistent withthe City's Comprehensive Development Plan and are in the public interest, the following uses may be recommended to the City Council for approval: (a) Yachtel or Marina. -9- 2~ Any review of an application for the above contemplated uses; shall consider the character of the neighborhood in which the proposed use is to be located, with reference to the effect of the proposed development on surrounding properties and the public benefit and need for such use in the neighborhood, and further, a consideration of site area, open spaces, buffer strips, and off-street parking, as defined in the following sections. C. BUiLDIN~G HEIGHT REGULATIONS No structure shall exceed forty-five (~5) feet in height, except by increasing the minimum front and side yards one foot for each addi- tional foot in height in excess of forty-five (45) feet. 1. For one and two family dwellings, same as for the R-2 District. For Multiple Family Dwellings there shall be a minimum lot area of two thousand (2,000) square feet for each dwelling built on the first floor; for each dwelling unit above the first floor there shall be an additional lot area of one thousand (4000) square feet. 3~ For other uses, lot areas will be determined by requirements for off street parking and yard requirements, except no lot may be less than five thousand (5,000) square feet. E. FRONT.. REAR~.,... AND STyE YARD REGULATIONS For all uses the minimum side yard, front yard, rear yard, and corner lot requirements shall be the same as in the R-2 Multiple Family District. F~, LOT C0VERA..GE Fifty (50) percent of the lot area is the maximum that may be covered by the principal and accessory buildings or structures located thereon, swimming pools excepted from this provision. G. GENERAL PROVISIO!~S AND EXCEPTIONS See Section 12. H. 0FF-S~REET PA~NING See Section l3. ,SECTION 8. C-1 LI~LTTED COMM~RCI ,AL DISTRXCT Within any C-1 Limited Commercial District no building, structure, land or water shall be used except for one or more of the following uses: A. USES BERMITTED 1. Any use permitted in the R-3 District except dwellings. 2. Apartment hotels, hotels, motels, guest cottages. 3. Apparel "stores. Apothecary shops. 5. Art, antique, and gift shops. 6. Beauty salons and barber shops. 7. Beer, wine and liquor sales for consumption on or off premises. -lO-- Boarding and rooming houses. 9. Book and stationery stores; news stands. 10. Churches snd accessory uses. Schools for primary and secondary education; kindergartens and nursery schools. ll. Drug Stores. 12~ Finance, investment and insurance offices and banks. 13. Florists. Furniture, interior decorating and home furnishing stores. 15. Gasoline filling stations without major repair services, trailer rentals, and other activities not necessary to automobile servicing. 16.. Grocery stores and delicatessen. 17. Hardware and garden supply stores. 1S. Hospitals, clinics, nursing and convalescent homes, but no animal hospitals. 19. Laundry and dry cleaning pick-up stations where no work is done on the premises, self-service laundromats. 20. Mortuary. 21. Music and dancing schools; art studios. 22. Offices for businesses and professions, but not including fortune tellers or psychics. 23. Photographic supplies and studios. 24. Private clubs and lodges. 25. Recreational facilities and parks under the operation or ownership of the city. 26. Restaurants with service within the structure, excluding drive-in restaurant s o 27. Shoe stores. 28. Shoe repair and hat cleaning; dressmaking and tailor shops. 29. Utility structures and sub-stations including telephone exchanges, 30. All sales, services, and commercial activities must be conducted within a structure, and no outdoor display of merchandise or products will be permitted in connection with any of the fore- going uses. Uses similar to the foregoing, although not specifically enumerated may be reviewed by the Planning Board upon application, providing these are not enumerated in the C-2 district that follows, and after finding as a fact that said uses are consistent with the zoning plan and in the public interest may be recommended to the City Council for approval. BUILDING HEIGHT REGULATIONS_ No building or structure shall exceed seventy-five (75) feet in height. None D. REGULAT!ONS 1. FRONT YARD: There shall be a front yard having a depth of not less than twenty-five (25) feet. SIDE YARDS: None are required except where rear access is not available from a public street or alley; a side yard of not less than ten (10) feet shall be provided on one side. ~R~YARDS: There shall be a rear yardhaving a depth of not less than twenty (20) feet, except where the rear of the property is bounded by a public alley or street the rear ya~may be decreased by one-half the width of such alley or street up to ten (10) feet, but in such event there shall be proVided a rear yard of not less than ten (10) feet exclusive of the alley. E, GENERALp~ROVI$IONS AND EXCEPTIONS See Section 12. F. OFF-STREET.P~RKI~G.AN$ .L~..ADING REGULATIONS See Section 13. SECT ION _ C.a COE ERCIAL D ST2ICT Within any C-2 General Commercial District, no building, structure, land or water shall be used .except for one or more of the following uses: A. USES PERMITTED 1. Any use permitted in the C-1 LLmited Commercial District. 2. Animal hospitals when all activities are conducted within the build~ Lng. Automotive agencies with repair garages as an accessory use. Bakery. 5. Bus terminals and taxi cab stations; car rentals. Commercial amusements, including theatres (but no drive-in theatres), ball rooms, skating rinks, billiard parlors, bowling alleys; amuse- ment parks, minature golf courses, and others of a similar nature. 7. Drive-in restaurants. 8. Gasoline service stations and automobile repair garages. 9. Radio and television stations with towers and studios. 10. Shops for painters, plumbers, paper-hangers, electricians, upholster- ers and others of a similar nature. Outdoor storage yards are pe~?- mitred when accessory to the above uses, provided all equipment and merchandise are enclosed behind a screen consisting of plantings or a closed or semi-closed type fence not less than five feet in height~ ll. Shops for business services, such as addressing and mailing, adver- tising and distributir~, multigraphing, blue printing, printing and photography. 12. Trailer Sales. 13. Used car lots. 14. Vocational and private schools operated as Commercial enterprises. T~ansp0rta~n ter~nals and loading yards. 15. Warehouses, wholesale commercial establishments. 16. All other trade service and retail sales establishments not included in the. C-1 Limited Commercial District. 17. Advertising signs related to the use of the land or of a business conducted thereon. 18. Accessory uses necessary to the foregoing 'when located on the same lot as the principal uses. 19. No residential structures will be permitted,/ B. BUILD~D~.G HE~GHT~REC~L~T~,O, NS t~or~e, BUILDING SITE AREA REGULATIQN~ ~one. D. ~, YARD REGULATIONS FRONT YARD: There shall be a front yard having a depth of not less than ten feet, except the prevailing building line shall be followed in a block within which one-half of the properties are developed. e SIDE YARD~S~: None are required, except where rear access is not available from a public street or alley, a side yard of not less than ten (10) feet will be provided on one side. ~AR YARD: There shall be a rear yard having a depth of not less than twenty (~O) feet, except where the rear of the property is bounded by a public alley or street the rear yard may be decreased by one-half the width of such alley or street up to ten (10) feet, but in such event, there shall be provided a rear yard of not less than ten feet. E. GENERAL PROVISIONS AN~ EXCEPTIONS See Section 12. F. OFF-S....TREET PARKING AN.D. LOADING REGUL~...TIONS See Section 13. _S$CTION.IO. M-1 INDUSTRIAL DISTRICT A. USES PERMITTED 1. Any use permitted in the C-2 General Commercial District. Any other use of a wholesale or retail commercial, warehousing, or manufacturing nature, including storage yards~ truck terminals, pro- vid~.ug that no use is obnoxious because of the emission of excessive amounts of dust, dirt, gas odors, smoke, fumes, noises or vibrations, nor possesses an abnormal explosion hazard. Junk yards, providing the operation is conducted within a closed building or within an enclosed area having walls six (6) feet in height and subject to approval of the City Council. 4. No residences or trailer parks are permitted. -13- B._%~. BUILDINQ HEIGHT AND SITE AREA WREGULATIONS None. None, except when the side of a lot abutts a residential district, there shall be a side yard of not less thanthirty' (30) feet on that side. ~D. ~ OF.F-STREET PARKING REGULATIONS~ See Section 13. The minimum required floor area of dwellings, exclusive of terraces and unroofed areas but including fifty (50) per cent of attached garages and screened porches and twenty-five (25) per cent of carports shall be as follows: FLOOR ~gEAS PER DW~JJNG UNIT 1500 1250 1000 750 750 ~~,,FLOOR. AREAS...MULTIPLE DW~.L,T.!NGS For duplex structures the aggregate floor area shall not be less th&n 1250 square feet and the smallest unit shall not be less than 500 square feet. 2. For dwellings of more than 2 dwelling units, no unit shall have a floor area less than 500 square feet. Studio and garage apartments shall have a minimum floor area of 360 square feet pe~unitand there shall not be more than one studio apartment for each larger apartment. The Board of Adjustment may vary minimum floor area requirements within each use district, providing these do not fall below the minimum floor area requirements of the next lower use district nor exceed those of the next higher use district, except no dwelling may be required to provide more than 15OO square feet nor be permitted less than 750 square feet. When a strict enforcement of the above requirements result in hard- ship upon anyindividual, where it can be shown theminimumfloor area requirement of the district would be substantially in excess of his needs or where by reason of a sub-standard lot the requirements could not be met within reason. When, at the time a subdivision is platted for development~ a develop.- ment plan is submitted for an area of not less than forty (acres) for ~ich minimum floor areas are established by deed restrictions, and where it is shown there is due regard for the arrangement of houses with less minimum floor areas in relation to houses of abutting pro- perties that meet the recommended n~nimum floor area requirements. In approving development plans requesting such variances from the minimum floor area requirements, theBoard of Adjustment will con- sider evidence submitted on current demand for houses of various sizes and the effect of the proposed development upon abutting residential properties. SECTION 12. ,GENERAL PROVISIONS ~ E~CEPTIONS The foregoing regulations shall be subject to the following provisions and. exceptions. A. F~wFECT OF E~TABLISHED SE~ BACK .LINES,~ ,FO.R ~,TRE~E? WID~ING Where set back lines have been established for future widening of streets, roads or highways, the front yard and side yard of corner lots shall be measured from said proposed future street lines. B.-.. SUBS. TANDA~D LOTS OF RECORp When a lot or parcel of land has an area or frontage which does not conform with the requirements of the district in which it is located, but was a lot of record in a recorded subdivision of Palm Beach County~ Florida, at the effective date of this ordinance, such lot or parcel of land may be used for a single family dwelling in any residential district, providing the set-back, minimum yard require- ments, and percentage coverage are maintained or established by the Board of Adjustment after notice and hearing in each individual cass. When a subdivision of land or portion thereof contains lots or parcels of land that do not conform to the lot area or lot frontage provisions has remained unimproved or undeveloped for a period of three years from the effective date of this ordinance it shall be encumbent upon the owner of said tract to replat same to conform to the minimum area and frontage provisions of this ordinance for the district in which the lands are located. C. LOOATiO~ OF ,BU~IN~C~, AND ,STRUC,TURF~q, IN. IqF~SIDE~T ~,,I~, AREAS 1.~ No detached accessory building shall be located on the front half of a lot. When an accessory building is attached to a principal structure by a breezeway, roofed passage or otherwise, it shall comply with the dimensional requirements of the principal building. ¸$ The location of a detached accessory building or garage apartment shall comply with the set back requirements for primary buildings in the zoning district in which such accessory building is located. An accessory building shall not exceed twelve feet in height and no accessory building shall encroach upon the required rear, side or front yard requirements. In any residential district, no fence or structure shall be main- tained within twenty-five (25) feet of any corner street intersection nor beyond the front building line, and no fence, wall or hedge more than four feet high will be permitted along side and rear property lines. Within twenty-five (25) feet of any corner street intersection in a residential district, no hedge, wall, fence or similar plantings which obstruct the view shall be permitted to a height in excess of three (3) feet from the average ground elevation. No dwelling shall be erected on a lot or portion of a lot which does not abutt upon a public street, with a minimum frontage of at least twen%y-five (25) feet. D. YARD AND I~4..SU.RE~T OF SET BACKS Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features, chimneys, and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than twenty-four (24) inches. 2. On double frontage lots, the required front yard shall be provided on each street. -15- Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a minimum yard or court not more than three and one-half (3½) feet and the ordinary projection of chimneys and flues are permitted. Where set back lines are established on streets, roads or highways, the front yard of all lots and the side yard of corner lots shall be measured from said set back lines. E. T~MPORARY BUILDINGS No temporary buildings will be permitted in any district except temporary buildings used in conjunction with construction work only may be permitted in any district. No such temporary building shall be permitted for longer than 6 months from initial installation without specific authority from the City Council. F. AUTOMOBILE SERVICE STATION REQU .I~.~S All pumps shall be set back at least 15 feet from the right-of~ay line, or where a future widening set back line has been established, this set back shall b e measured from such line. The number of curb breaks for an establishment shall not exceed two for each 100 feet of street frontage, each having a width of not more than 30 feet or less than 25 feet and located not closer than 15 feet to a street intersection. Two or more curb breaks on the same street shall be separated by an area of not less than lO feet. When the station abutts a residential district, it shall be separated therefrom by a solid wall or equivalent planting screen at least six feet high.. SWIMMING POOL REOULA._TIONS No swimming pool or family pool shall be so located, designed, operated~ or maintained as to interfere with the rights of the adjoining properties. 1. LIGHTS: Lights used to illuminate any swimming pool shall be so arrmnged and shaded as to reflect light away from adjoining premises. 2. SETBACKS: The following setbacks shall be maintained: (a) Minimum front setback. Same as requirements for a residence located on a parcel where the pool is to be constructed, provided, however, that in no case is the pool to be located closer to a front line than the main or principal building is located. (b) Minimum side setbacks. Not less than eight feet from the side lot line. (c) Minimum rear setback. Not less than eight feet from the rear lot line. (d) If the swimming pool is not part of the main structure, it shall be located not less than ten feet from the main structure. ~ ~DI0 ~ ?ELEVISION AE~I~!S Radio and television aerials in R-1AA, R-lA, R-i~ R-2 and R~3 districts shall not exceed &0 feet in height, measured from the top of the building foundation. All aerials in other zones shall require approval of the City Council. SECTION 13. OFF-STREET PPAP~[ING AND LOADING REGULATIONS A.. ,D,,EFINITION$ For the purpose of this ordinance the term "off-street parking space" shall apply to ~space constructed of a hard surface and shall consist of a minimum net area of two hundred (200) square feet of appropriate dimensions, and not less than nine (9) feet in width, for parking an automobile, exclusive of access drives or aisles thereto or any street or alley right of way. For the purpose of this ordinance the term "Off-Street loading or unloading space" shall apply to a space constructed of a hard surface and shall consist of a space with di~mensions not less than twelve (12) feet in width, thirty-five (35) feet in length, and fourteen feet in height, exclusive of access aisles, maneuvering space, or alley right of way. B. OFF-STREET..PARKING REGULATIONS At the time of the erection of any principal building or structure, or at the time any principal building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, floor space, or seats; there shall be provided minimum off-street parking space with adequate means for ingress and egress from a public street or alley by an automo- bile of standard size, in accordance with the following requirements: Number Sp~g.~s Pe~ (1) Dwellings: (a) Single Family and duplex (b) Apartments and Apt. hotel (c) Rooming and Boarding houses 2 Dwelling unit 2 ~ Dwelling unit 2 3 guest rooms (2) Hotels, exclusive of requirements for restaurants and assembly rooms (3) Motels and tourist homes, exclusive of requirements for restaurants and assembly rooms 2 sleeping units 1 Sleeping unit (&) Hospital and sanitariums 2 3 beds (5) Nursing or convalescent home 2 5 beds (6) Theatre or auditorium, including school auditoriums i & seats (7) Church, mortuary (8) Restaurants, bars, and night clubs i 4 seats in main assembly hall 1 J seats (9) Stores (except grocery stores and meat markets) offices, and personal service establishments (lO) Grocery stores (ll) Public office bldg. and library (12) Medical and dental clinic (13) Manufacturing, industrial and warehouse uses I 200 sq. ft. floor area 1 100 sq. ft. floor area exclusive of storage area 1 1 200 sq. ft. iloor area exclusive of storage area Doctor or dentist, but not less than I space per. 200 sq. ft. of gross floor area 3 employees on largest Work shift but not figured ies's than i space per 200 sq. ft. of floor area exclusive of storage areas. (1~) Bowling Alleys 3 For each bowling lane (15) Private Clubs or Lodges 2 seats in lodge or club assembly room. C. LOCATION 0,F, OF,F-ST~,EET P~LRKING SPACES Parking spaces for all dwellings shall be located on the same parcel with the main building to be erected. Parking spaces for other uses shall be provided on the same lot or not more than three hundred (300) feet distant, as measured along the nearest pedestrian walkway. Parking requirements for two or more uses, of the same or different types, may be satisfied by the allocation of the required number of spaces of each use in a common parking facility, provided that total number of spaces is not less than the sum of the individual requirements and that the requirements of location are complied with. D...., OFF-STREET LOA~, IN,G ,AND ,.UN,LOADING REGULATIONS At the time of construction of one of the following categories of buildings, or at the time of structural alteration for an increase in size or capacity, there shall be provided minimum off-street loading or unloading space with adequate means of ingress and egress from a public street or alley in accordance with the following requirements: Every hospital, institution, hotel, commercial,~arehouse, or industrial building of similar use having a floor area in excess of 20,000 square feet requiring the reception, distribution by vehicle of materials and merchandise shall have at least one permanently maintained off- street loading space for each lO,O00 square feet of gross floor area or fraction thereof. E. PERMANENT RESERVATIONS Areas reserved for off-street parking or loading in accordance with the requirements of this section shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified or unless equivalent parking or loading is provided on another approved site or parking structure to the satisfaction of the Board of Adjustment. SECTION lA. NON-CONFORMING USES The lawful use of any building, structure or land existing at the time of the adoption of this ordinance may be continued although such use does not conform to the provisions thereof, provided however the following conditions are met. 1. Unsafe Structures or Buildings. Any structure or building or portion thereof declared unsafe may be restored to a safe condition. Construction Approved Prior to Ordinance. Nothing herein shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently carried on within six months of the date of such permit. Alteration. A non-conforming building may be maintained and repairs and alterations may be made, except that in a building which is non-conforming as to use regulations, no structural alterations shall be made except those required by law including eminent domain proceedings. Repairs as plumbing or changing of partitions or other interior alterations are permitted. Extensions. Buildings or structures or uses of tandwhich are non- conforming shall not be extended or enlarged. -18- Non-conforming Use of Land. ¥~en a non-conforming use of laud has been discontinued for a period of 90 days its future use shall revert to the uses permitted in t he district in which said land is located. Change to another Use. A non-conforming use now existing may be changed to another non-conforming use of equal or improved character when approved by the Board of Adjustment. Abandonment. A non-conforming use of land or of a building which has been vacated or abandoned for ninety (90) days shall not thereafter be occupied by any non-conforming use. Destruction by Fire or Other Act. Nothing in this ordinance shall be taken to prevent the restoration of a building destroyed to the extent of not more than fifty (50) per cent of its assessed value by fire, ex~plosion or other casualty, or Act of God, or the public enemy nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. Restoration must be started within ninety (90) days. SECTION 15. . BOARD OF ADJUSTMENT A Board of Adjustment is hereby established which shall consist of five (5) members. The terms of 2 of the members appointed to the initial Board shall be for 2 years each and the terms of the remain- lng 3 members shall be for 3 years each. Thereafter all full terms of Board membership shall be for 3 years each. The organization and procedures under which the Board operates, its arrangement of meetings, and adoption of rules including the removal or replacement of Board members shall be in conformity with the provisions of Chapter 176, Florida Statutes of 19&l and any amend- ments thereto. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, appeals to the Board may be taken by any person aggrieved or by any officer or bureau of the governing body of the city, affected by any decision of s~u administrative official. (a) Board of Adjustment shall have the following duties and powers: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance. (b) To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforce- ment of the p~ovision.~ of the ordinance will result in unneces- sary hardship and 'so that the spirit of the ordinance shall be observed and substantial justice done. (c) To authorize s~ch exceptions or other matters as are specifically assigned to the Board for its review under the terms of this ordinance or at the special instance of the City Council. Xn exercising the above mentioned powers, the Board by the concurring vote of four members may reverse or affirm, wholly or partly, or may z~odify the order, requirement~ decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end- shall have all the powers of the official from whom the appeal is taken. The concurring vote of four members of the Board shall also be necessary to effect any variation .~ t his ordinance. ~n considering all proposed variations to this ordinance the Board shall, before making any finding in a specific case, first determine that the proposed variation will not contitute any change in the Districts shown on the Zoning Map and will not impair an adequate supply of light and air to 'adjacent p~operty, or materially in- crease the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals and general welfare of the city. 7. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department or Board of the City, or the City Council may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court with- in thirty (30) days after the filing of the decision in the office of the Board, otherwise the decision of the Board will be final. 8. The Board of Adjustment shall fix a reasonable time for the hearing of appeals or other matters referred to it and give public notice thereof and decide the same within a reasonable time. At the hear- lng any party may appear in person or be represented by agent or attorney. A fee of twenty five (25) dollars shall be paid to the City Clerk at the time the notice of appeal or application for hearing is filed, which fee shall be used to defray the cost of advertising the hear- lng and other administrative costs incurred by the city in connection therewith. Each application for a building permit shall be accompanied by a plot plan, in duplicate, drawn to scale, showing the actual d~mensions of the lot to be built upon, the size, shape and location of the building to be erected, and such other information as may be necessary t o provide for the enforcement of this ordinance. A record of such applications shall he kept in the office of the Building Official. SECTION 17. ~INTERPRETATION~ PURPOSE AND CONFLICT In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not in- tended by this ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements the provisions of this ordinance shall control; and provided further that this ordinance shall not be construed as superseding any Special Act of the Legislature relative to the subject matter of this ordinance. If, because of error or omission in the Zoning Map, any property in the City is not shown as being in a zoning district, the classification of such property shall be R-lA Single Family, unless changed by amendment to the Zoning Ordinance.. SECTION 18. EXISTING BULKHEAD LINE RATIFIED AND CONFIRMED The bulMhead line heretofore established within the City limits by Ordinance No. 289 of the City, in accordance with Map No. R-56-006 entitled "Bulkhead Line of City of Boynton Beach, Florida" dated SeptemJ~er 1956, is hereby ratified and confirmed and said map is hereby adopted by reference and made a part hereof. There shall be no bulkhead, seawall, or other structure for land filling into the waters of Lake Worth which shall extend eastward from the existing shoreline other than as shown on the map relented to above. -20- _SECTION 19.. BULKHEAD LINE _ .pEPI~IT REQUIRED FOR, ,LAND FY~LLI~G It shall be required, prior to commencing any operation for land filling within the area as shown on the map described in Section 18~ a permit for land filling, all of which shall be in accord with the directions and approval by the City Council. The improvement, or fill, shall have a minimum elevation of not less than six feet above mean sea level according to the current U. S. Government Geodetic Survey. Any such applicant shall a~n be required to comply with all rules, regulations or other requirements of the Trustees of the Internal Improvement Fund of the State of Florida, U. S. Army Engineers or other Governmental body regulat- ing land fill operations of the above nature. SECTION 20.. ENFORCEmenT OF VIOLATION AND PENALTIW, S The Building Official is hereby designated and authorized to enforce this ordinance. Any person who violates any of the provisions of this Ordinance sh~all, upon conviction thereof in the Municipal Court of the City, be penalized by fine not to exceed $100.00 or by imprisonment for not more than sixty days, or both, in the discretion of the municipal judge. Each day a violation occurs or is permitted to exist shall constitute a separate offence. ~ECTION 21. VALIDI.TY Should any section, sub-section, clause, phrase, or provision of this Ordinance be declared by any court of competent Jurisdiction, to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. SECTION 22., AUTHORITY TO CODIFY Specific authority is hereby granted to codify this ordinance. ECrZON m EAL Na OVIS ON Ordinance No. 6!-&3 of the City of Boynton Beach, Florida, constituting the existing zoning code of said City, as herein amended, is hereby re- enacted, ratified and confirmed, and all ordinances or parts of ordiaances in conflict herewith are hereby repealed. SECTiON 2&. EFFECTIVE DATE, This ordinance shall take effect at ~he time and in the manner provided by the Charter and Ordinances of the City of Boynton Beach, Florida. First reading this &th day of June, A. D. 1962. Second, final reading and passage this 1 ~%4.. day of_~ , A. D. 1962. (CO C AT SEA ) ATTEST~ City Clerk CITY OF BOYNTON BEACH, FLORIDA -21-- ~ouncilman