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Minutes 12-05-94 #INUTES OF THE CITY CONI4ISSION WORKSHOP NEETING HELD IN COI4NNISSION CHANBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON #ONDAY, DECENBER 5, 1994, AT 6:30 PRESENT Edward Harmening, Mayor Matthew Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Commissioner Planning & Development Board Gary Lehnertz, Chairman Stanley DubS, Vice Chairman Bradley Weigle Carrie Parker, City Manager Sue Kruse, City Clerk Tambri Heyden, Planning and Zoning Director The workshop meeting began at 6:30 p.m. I. COI4t4UNITY DESIGN PLAN A. Introduction Approximately two years ago, the Planning and Zoning Department began rewriting the Community Design Plan. There were two reasons for taking on this task. The first reason involved the fact that the Planning and Zoning Department had the goal of writing a unified land development code. Secondly, Commissioners had voiced their dissatisfaction with the overall philosophy, structure and perfor- mance of the Community Design Plan. The current Community Design Plan establishes three different types of architec- tural theme districts within the City. They are Modern, Spanish/Mediterranean, and Coastal Village. Each district has its own list of roof, wall, window, wall accessory, amenities, color and landscape species which must be incorporated into the on-site landscaping and exterior design of buildings. Since the inception of the Community Design Plan in 1990, there have been forty (40) development applications (new construction and major modifications) which have had to comply with the design requirements. Sixteen (16) of those appli- cants (approximately 40%) have requested an appeal. Those sixteen (16) appeals were pretty evenly split throughout the three (3) districts. Mayor Harmening questioned the "real" reason behind the appeals. Ms. Heyden feels that because many of the applications were commercial in nature, they have a corporate image which they try to keep. Ms. Heyden displayed a map of the City which depicted the boundaries of each of the districts. The Coastal Village District encompasses Federal Highway, a por- tion of Boynton Beach Boulevard and North Congress Avenue. The Spanish/Mediter- ranean District is a limited area on Boynton Beach Boulevard, east and west of Congress Avenue, and a small portion of the northern part of the City which encompasses Boynton Lakes Plaza and Meadows Square. The Modern District is pri- marily Congress Avenue and Woolbright Road. ~ - 1 - NINUTES - CITY COI4NISSION WORKSHOP HEETING BOYNTON BEACH, FLORIDA DECEHBER 5, 1994 In response to Mayor Harmening's question, Ms. Heyden explained that the bound- aries of these districts were drawn in-house after a great deal of field work. It was a joint effort on the part of the City Manager's Office, the Building Department, the Planning and Zoning Department and the City Forester. The districts were set up to establish a pattern for the City. The intent was to set forth specific guidelines which could easily be enforced by staff. That would also eliminate the subjective process which was involved in designing buildings. Ms. Heyden requested to know the Commission's desire with regard to their role in architectural review, what the scope of that review should be, and when that review should take place. B. Overall Strengths and geaknesses of Current Plan Commissioner Aguila advised that he has always felt that the Community Design Plan is the silliest thing he has ever heard.of. If this was instituted to make enforcement easier for staff, then it was implemented for the wrong reason. The Commission is continually granting relief from this plan to applicants. He feels this Community Design Plan is very taxing on design professionals. It is Commissioner Aguila's opinion that most of the work which comes to the City is done by responsible design professionals, and it is done well. Commissioner Aguila does not feel it is necessary to have a Community Design Plan which is so specific with regard to colors, treatments and amenities. C. General Strengths and Neaknesses of New Plan drafted In 1993 In discussions with former City Planner Chris Cutro, Commissioner Aguila advised that he was looking for a plan which was more subjective and more in the guise of directing staff and the Commission to look at projects in terms of overall impact on wherever that project was being planned. Reviewers should be able to look at the complete package, including signage, and make a determination regarding whether or not this project will be an asset to the community. He feels defined districts must be eliminated. In Commissioner Aguila's opinion, the problem with the 1993 draft was that there was too much "pie in the sky". He is very pleased with the Planning and Zoning Department staff recommendations with regard to the 1993 draft because it is a more workable plan. Things which do not belong in that plan have been deleted. Instead of defining districts, the 1993 draft, with refinements, will allow the overall picture to be looked out, and good architecture will be obvious. The Community Design Plan should be eliminated so that we can allow responsible design professionals to practice their trade and do whatever they feel is the right thing. If necessary, they will be nudged at staff level, the Board level, and the Commission level. The Community Design Plan has never worked, it is confusing, and no one understands it. Whatever is put in place must be encouraging to design professionals. Commissioner Katz questioned the reasons why Commissioner Aguila is opposed to areas of the City having a specific design theme. -2- MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1994 Commissioner Aguila feels there is not enough vacant property remaining in any of the design districts to help the districts become more defined. Further, if architecture is done well, a Modern building can be very effective next to a Mediterranean building or Coastal building. The quality of work is dependent on the design professional. It is the City's responsibility to ensure that the design professional provides quality architecture. It is presumptuous of the City Commission to tell the design professionals how the job should be done. However, he is willing to ask those design professionals to do whatever is necessary to provide a positive impact on anyone passing that project. Commissioner Katz said a lot of cities make demands, and they get what they demand. Commissioner Aguila does not feel the City has the right to tell prop- erty owners that the property cannot be developed, the way they want because that design does not meet a Community Design Plan. However, the City should hold that developer to the task of doing a good design and providing the proper parking, lighting and landscaping. Commissioner Katz' main objection to the 1993 draft was that it gave the Planning Director the "ultimate say so". Commissioner Aguila agreed that the Planning Director should not have that kind of power. He feels Ms. Heyden has provided good recommendations on how to bring that 1993 draft back into reality. Commissioner Aguila feels the numbering system is very confusing, but realizes it can be rewritten much more clearly. Gary Lehnertz explained that, as a Planning and Development Board member, he feels it is his responsibility to ensure pleasant aesthetics and harmony in areas traversed by large groups of people. The Community Design Plan was put in place for that purpose. Broader guidelines could accomplish the same thing. However, if the City only requires that a developer provide a "nice looking building", the end result will be a mix of styles which will break up the har- mony of the area. Commissioner Aguila feels that all developers should consider the existing buildings and neighborhood when designing a project. The new project should be harmonious with those existing buildings. However, he does not feel a project should be designed to meet a specific theme just because of its location. The districts must be eliminated. Mayor Pro Tem Bradley feels there is a need for consistency and harmony. He feels that the draft plan and staff's recommendations address these needs. Mr. Lehnertz feels staff has provided some very good recommendations. D. Staff recommendations for 1993 draft plan Commissioner Aguila recommended that this Community Design Plan be rewritten in a better, more organized manner. Section 0,5 - Paragraph 3 Commissioner Aguila requested clarification of this paragraph. -3- MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA DECEHBER 5, 1994 Ms. Heyden advised that the main shopping centers~ at Boynton Lakes Plaza and Catalina Center were approved prior to the inception of the Community Design Plan. Those centers included outparcels which were either Constructed prior to the Community Design Plan, or there were footprints for those outparcels. It was understood that when those outparcels were developed, they would have to go through site plan approval. Staff experienced problems in forcing a change to the building occupancy. It is arduous, impractical and costly. She recommends removing this from the Code. In such cases, Commissioner Aguila feels the outparcel should be compatible to the building of which it is an outparcel. Ms. Heyden requested clarification from the Commission on a situation when the districts are eliminated. If there is a site plan approval which was approved during the time when the Community Design Plan was in effect, should the out- parcel comply with the overriding theme of the main shopping center? Commissioner Aguila said he would encourage them to comply with that style. Section 8,5,1,3 Ms. Heyden asked for clarification on when this section needs to apply to existing structures. She reported that when someone comes in for an addition, regardless of its size, there is a requirement for parking lot compliance. She feels it is necessary to determine when this is required for an existing struc- ture. In response to Commissioner Aguila's question, Ms. Heyden said that when the dense growth is not being considered, these other triggers would not be as onerous as they are now. She pointed out that she is not in favor of removing existing landscaping because it is not a native species. Ms. Heyden will work out something which will be reasonable. Commissioner Aguila recommended that the addition not increase the area by 50% or a certain percentage of the property's valuation before the applicant must comply with all requirements. Mr. Weigle said it is usually either 50% or a monetary percent of the value. warned that you must be specific on whether or not it is 50% of the square footage, or 50% of the remodeling. He Commissioner Aguila recommended investigating what others are doing in this regard. Section 8,5,2, Ms. Heyden questioned whether or not this is an exterior architecture Ordinance, or something much broader to address not only architecture, but all kinds of amenities. Mayor Harmening does not feel the City should be involved in design guidelines. Commissioner Aguila agreed. Our job should be to ensure that the professionals design properly. -4- #ZNUTES - CITY COI4i4ISSION WORKSHOP #EETING BOYNTON BEACH, FLORIDA DECE#BER 5, 1994 Mr. Dub~ pointed out that there are three large vacant parcels between Woolbright Road and Golf Road on Congress Avenue. The only other commercial building in that area is the Woolbright Center. If the design districts are eliminated, it is possible that three different types of buildings could result. Commissioner Aguila explained that what goes into~ these areas can be controlled through the process by requiring professional work. He also pointed out that because of the size of those parcels, the developer or entity coming in will most likely have corporate responsibility. Mayor Harmening said the one concept he does not agree with is that the design professional will come in and do a superlative job. The job he does will be exactly what can be done based on what the client wants and is willing to pay for. Mr. Lehnertz expressed concern with the City giving only general guidelines and not having something specific. He is worried that general guidelines may not be enough. Mr. Lehnertz feels the Community Design Plan needs to be modified, but he also feels there.needs to :be a middle ground. City Manager Parker pointed out that Mr. Lehnertz' concerns have been the gist of the debate on this Community Design Plan. Commissioner Aguila said he agrees with all comments about moving sections to the Landscape Ordinance and the Parking Lot Ordinance. Section 8,5,2,5, A lengthy discussion ensued following Commissioner Aguila's recommendation to remove the word "dense" from this section since that word is not defined. Ms. Heyden said she intends to make this section very specific so that it will state how many shrubs must be planted on center, and what the height must be. Sections 8,5,2,9 and 8,5,2,10 These sections deal with trash receptacles. There is no indication that the dumpster enclosures must have gates. Commissioner Aguila would like that requirement included. Also, commercial lots have been using recycling containers for at least two years; however, our dumpster enclosure requirement has not changed to accom- modate the additional container. He requested that this requirement be added where appropriate. Section 8,5,3,5, Commissioner Aguila said all four (4) sides of the building should be treated as elevations. Section 8,5,3,8, Commissioner Aguila recommends deleting this. -5- MINUTES - CITY COMMISSION WORKSHOP MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, I994 Sectton 8.5.3.12 Commissioner Aguila recommended deleting this section. However, after discus- sion, a decision was made to leave this section as written. Sectlons 8,5,4,5.1 and 8.5,4,5,2, Commissioner Aguila recommended qualifying the "large" versus "not so large" trees. He realizes that Mr. Cutro's idea was that when a large project was being built, there should be a certain percentage of larger than the minimum "required at planting" trees so that the project was in different stages of growth. Commissioner Aguila recommended defining the Landscaping Ordinance to require bigger trees and better foundation planting. He does not feel the percentage of bigger versus the percentage of smaller needs to be addressed. Section Ms. Heyden corrected the typographical error to read "security" ordinance rather than securing ordinance. Commissioner Aguila does not believe that the City is enforcing this section regularly. He pointed out that one can travel for miles without seeing a prop- erty address. In his opinion, the Certificate of Occupancy should not be issued until the address is visible. Commissioner Aguila recommended looking at this when the overall project is reviewed. The applicant must be asked where he/she intends to locate the street address. Ms. Heyden suggested changing the Sign Code to require a freestanding sign to display the address. Commissioner Aguila did not have a problem with that suggestion· Commissioner Aguila felt staff's comments were very good. He feels this Plan can be reworked to make sense of it. He agrees that land-scaping and parking should be separated. II. SET DATE FOR ~ANUARY CODE WORKSHOP (Possible Toplcs -- Treasure Coast Regional Plannlng Count11 presenta- tion of recon~ended Code changes to downtown area, draft comnunlty design ordinance, rec~endatlons for Landscape Code) City Manager Parker advised that Treasure Coast Regional Planning Council will be ready by next month's meeting. A decision was made to hold this meeting on Monday, January 9, 1995, at 6:30 p.m. Treasure Coast will bring the draft Codes and overlays for the downtown area. We will advertise that workshop meeting so that all interested parties will be aware of it. -6- HIHUTE$ - CITY COMHI$$IOH WORKSHOP #EETIHG BOYHTOH BEACH, FLORIDA DECEHBER 5, 1994 Mr. Dub~ pointed out that the downtown area comes under the responsibilities of the Community Redevelopment Advisory Board rather than the Planning and Develop- ment Board. However, Planning and Development will become involved because of the Community Design Ordinance. City Manager Parker said this will be an intermingling, and there will be discussions abOut all of the elements of the downtown area including design. Ms. Heyden advised that she will bring back the changes discussed this eveni~ng in an Ordinance for first reading at an upcoming City Commission meeting. ADOOURNMENT There being no further business to come before the City Commission, the workshop meeting properly adjourned at 7:50 p.m. 'THE CITY OF BOYNTON BEACH 7~ Mayor Vi ce Mayor ATTEST: Ci t~/Cl erk r g Secretary (Two Tapes) ~Commissioner -7- · General Provi.~ions 3 Sec. 7. Cost assessed for law enforcement education. A. The court trying city ordinance violations shall assess two dollars ($2.00) as additional court costs against every person convicted for violation of a municipal ordinance as authorized by Section 943.25 of the Florida Statutes. All such sums shall be turned over to the finance directOr to be deposited in a fund as established in B to be known as the law enforcement education fund. B. There is hereby established a fund to be known as the law enforcement education fund. All funds received by the city from the assessment of court costs established irt' this section shall be segregated from all other funds of the city and set apart by the finance director in a separate fund to be known and designated as the law enforcement education fund. Such funds may, from time to time, in the discretion of the City Commission, be invested. The interest received .upon such funds and the principal thei'~of may, upon the request of the chief of police, be used for law enforcement education expenditures for the benefit of members of the city police department. Expenditures shall be permitted by the city manager, upon approval of the City Conunission, when authorized in accordance with law. Sec. 8. Certain ordinances nOt affected by Regulation. Nothing in this Regulation or the ordinance adopting this Regulation shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Regulation: A. Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of. the city or any evidence of the city's indebtedness; B. Any appropriation ordinance or ordinance providing for the levy of taxes or for a budget; C. Any ordinance annexing territory to the city or excluding territory as a part of the city; D. Any ordinance granting any franchise, permit or other right; E. Any ordinance approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument; F. Any administrative ordinance not inconsistent with this Regulation; G. Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating or repairing any street or public way or lawfully established bulkheads or bulkhead lines; FI. Any ordinance regulating, restricting or prohibiting traffic on particular streets or in particular localities; I. Any ordinance prescribing the street grades of any street in the city; J. Any ordinance providing for local improvements or malting assessmems therefor; K. Any ordinance dedicating or accepting any plat or subdivision in the city; L. Any ordinance zoning or rezoning specific property; M. Any ordinance providing for the compensation of officers and employees; N. Any temporary or special ordinance; and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein. Sec. 9. Ordinances; city laws and codification. Ordinances of the City Commission adopted in a manner provided by law shall constitute the laws of the city and shall be in full force and effect until repealed. The City CommiSsion shall have the power to have the city ordinances Codified, and published in book form. 4 Boynton Beach Code In the construction of this Regulation, all provisions which establish a distance requirement between types or kinds of businesses or structures shall be construed in a manner which makes that distance requirement reciprocal. Sec. 11. Reserved. ACCESSORY USE - A use that is customarily incidental to the principal use and so necessary or commonly to be expected that it cannot be supposed that these regulations intended to prevent it. Accessory uses, unless otherwise provided, shall be located on the same premises as the principal use. '~tDEQUATE PUBLIC FACILITIES - Public facilities available to serve a development project so as to meet the levels of service and the conditions set forth in Chapter 1.5. Sec. 12. Reserved. Sec. 13. Reserved. ADEQUATE SCREENING - To conceal from public view materials on private property with a structure made of metal, wood or masonry. Said structure shall meet the requirements of the Standard Building Code. ARTICLE II. DEFINITIONS The words, terms and phrases herein shall be defined as follows unless otherwise specified in this ordinance. The word "shall'' is mandatory, the Word "should" is preferred and the word "may" is permissive. The singular shall include the plural and the present tense shall include the future tense and vice versa. ABANDONED SIGN Sign which no longer identifies or advertises a bona fide activity, where the activity has been abandoned or does not possess a current occupational license. ABUTTING PROPERTY - See "Contiguous Lands." ACCESS - The principal means of ingress and egress to a lot from a publicly or privately dedicated right- of-way. ACCESS WATERWAYS - A waterway Which is developed or constructed for the purpose of providing access by water to lots within a subdivision. ACCESSORY BUILDING OR STRUCTURE - A detached, subordinate building~ the use of which is clearly incidental and related to tha~ of the principal building or use of the land, and which is located on the same lot as that of the principal building or use. ADULT ENTERTAINMENT ESTABLIStIMENT - A.commercial enterprise which predominately limits admission to "adults only" owing to the sexual nature of its merchandise or entertainment. Such establishments may include, but not be limited to, adult bookstores, adult theatres, adult lounges, adult health studios, adult motels or hotels with nude, bottomless or topless entertainment or employees. ADVERTISING STRUCTURE (SIGNS) - A sign structure erected or intended for advertising purposes, with or without advertisement display thereon, situated upon or attached to real property. AISLE - The hard-surfaced lanes in a parking lot which connect the parking stalls with a public or private street, alley or interior driveway. ALLEY - A right-of-way affording secondary access to property. It is not intended or used for general traffic circulation. ALTERATIONS, BUILDING - Any change in the structure which will increase the number of useable units, the floor area or height of the structure. ANIMATED OR FLUTTERING SIGN - A sign which uses devices to generate movemem by either mechanical, electrical or natural methods. ANTIQUE STORE or AUCTION HOUSE - The use of a building for the retail:sale or auction of objects of value such as quality antiques, art objects, 1997 S-5 General Provisions jewelry and the like, but not used merchandise generally. No outside storage or display shall be permitted in connection with such uses. APARTMENT A room or a suite of rooms occupied, or which is intended or designed to be occupied, as the home or residence of one (1) individual, family or household, for housekeeping purposes. APARTMENT, EFFICIENCY - A dwelling unit consisting of one (1) room, other than a bathroom, and providing cooking facilities. APPLICANT - See "Developer." ARCADE - A permanent, roof-like structure open to the weaaher on one (1) or more sides, constructed of rigid materials, which is cantilevered from the building wall, attached to and supported by the exterior building wall or supported by freestanding columns or pillars. ARTERIAL ROAD OR STREET - A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is an arterial road, and every street shown or described as arterial according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended, is an arterial. AUTO PARTS SALES (RETAIL) - Sale of auto parts from a commercial establishment for installation and use off-premises. AUTOMOBILE - An automobile or motorcycle, as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles. is so erected as to permit its being raised to a position flat against the building when not in use. BALLOON - A container made of non-rigid material filled with air or gas and designed to be tethered. BANNER - A sign having the characters, letters, illustrations or ornamentations applied to cloth, paper, film or fabric of any kind, with only such materials for a backing. Banner shall not include, national, state, municipal, civic or church flags, awnings or canopies. BAR OR COCKTAIL LOUNGE - An establishment which serves or includes the serving of beer, wine or liquor to patrons other than in conjunction with the serving of meals. BICYCLE PATH - Any road, path or way that is open to bicycle travel, which road, path or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way. BILLBOARD A sign normally mounted on a building wall or freestanding structure with advertising copy which refers to something other than the name and primary character of the business on the premises or is located on a remote site from service or site referred to by the sign copy. BLOCK - A parcel of land surrounded by streets, waterways, railroad rights-of-way, parks or other public space. BOARDING AND ROOMING HOUSE A building other than hotel or motel providing lodging and where meals are or are not served for compensation. BOATEL - Yachtel. AUTOMOTIVE SERVICE STATION - The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels. AWNING - A structure made of cloth or metal with a metal frame attached to a building, when the same BRIDGE - A structure, including supports, erected over a depression or an obstruction, such as water or a highway or railway, and having a track or passage- way for carrying traffic as defined in chapter 316 or other moving loads. 1997 S-5 6 Boynton Beach Code BUFFER WALL - A stuccoed and painted masonry wall or an engineered pre-cast concrete wall used to physically separate or scre..e.n one use or property from another so as to visually shield or block noise, lights or other nuisances. Finish on both sides of wall must be approved by the Director of Planning and Zoning. BUILDING - All construction built for the support, enclosure, shelter or protection of chattels, persons, animals or the like. The word "building" shall include the word "structure" and anything constructed or erected which requires permanent location on the ground or anything attached to such a building or structure. A building or structure shall include, but not be limited to, all construction specified in Chapter 2 of the City's Land Development Regulations. BUILDING AREA - The portion of a lot remaining after the required setbacks have been provided. Buildings may be placed in any part of the building area, but limitations on the percentage of the lot which may be covered by buildings may require' open space within the building area. BUILDING FACADE - That portion of the exterior elevations of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevations. BUILDING SETBACK LINE - A line delineating the minimum allowable distance between the property line and the building. BUILDING SITE - A portion or Parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same. BULK STORAGE, SALE, OR DISTRIBUTION - The receiving, transfer or storage of unpackaged goods or materials at a premises, or the subsequent sale or transfer of such goods or materials from the premises in a packaged or unpackaged form. Also, the storage, receiving or transfer of goods, commodities or materials in units which are larger than the units which are typically distributed or sold from the premises. Where bulk storage is not permitted, all goods, commodities or materials shall be pre-packaged when received at the premises and shall be stored, sold and distributed in the same form, quantity and units as when received at the premises. BUS BENCH SIGN - A bench or seat with graphics, symbols and/or copy affixed against any surface. BUS SHELTER SIGN - Graphics, symbols and/or copy affixed to any surface of a public transit shelter. BUILDING FRONTAGE - The main entrance side of a building or bay. BUILDING HEIGHT - The vertical distance between a point on the minimum finished floor as required by the building code, or that prevailing minimum elevation established by FEMA and other agencies, such as the South Florida Water Management District, and the apex of the highest roof. BUILDING OFFICIAL - The official in charge of the Building Division or his authorized representative. BUSINESS OFFICE Any commercial activity primarily conducted in an office, not involving the sale of goods or commodities available in an office and not dispensing personal services, and including such businesses as real estate brokers, insurance offices, accountants, credit reporting agencies, telephone answering services or any similar uses. CANOPY - A structure, other than an awning, made of cloth or metal with metal frames attached to a building, and carried by a frame supported by the ground, sidewalk or building. BUILDING, PRINCIPAL - A building in which is conducted the main or principal use of the lot on which said building is situated. 1999 S-Il General Provisions 7 CAPITAL IMPROVEMENTS ELEMENT OR CIE - The capital improvements element of the comprehensive plan of the city. CAR WASH (AUTOMATIC OR SELF SERVICE) - A building or area which provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower or other mechanical devices, and which may employ some hand labor. CARPORT - A roofed area open on one (1), two (2) or three (3) sides and attached to the main building, for the storage of one (1) or more vehicles. CHANGEABLE COPY SIGN - A sign of permanent character, but with removable letters, words or numerals, indicating the names or persons associated with, or events conducted upon, the premises upon which a sign is erected. This sign may be erected as a part of a freestanding sign. CHILD - An unmarried person under the age of eighteen (18) years. CITY - The City of Boynton Beach, Florida. CITY ENGINEER - A Florida registered engineer in charge of the Boynton Beach Engineering Division. CENTERLINE - A line midway between the right- of-way lines or the surveyed and prescribed centertine established by the director of development which may or may not be the line midway between the existing or proposed right-of-way lines. CERTIFICATE OF OCCUPANCY - A statement signed by the city development director setting forth that a building or structure legally comPlies with the City of Boynton Beach Building and Zoning Codes and that the same may be used for the purposes stated therein. CERTIFICATION OF CONCURRENCY - Shall constitute proof that public facilities are or will be available, consistent with the adopted levels of service and the conditions set forth in Chapter 1.5, and shall specify the public facilities which are to be constructed, timing of construction and responsibility for construction. Certification of concurrency shall reserve capacity in the public facilities which are available, until the certification of concurrency expires. CERTIFIED DOCUMENTS - Drawings, estimates, warranties, etc. certified by a Florida registered architect, engineer and/or land surveyor guaranteeing that the documents are true, accurate and in compliance with all applicable laws, rules and regulations. CITY STANDARDS Standards adopted by resolution by the City of Boynton Beach. CITY STREET SYSTEM - The city street system of each municipality consists of all local roads within that municipality, and all collector roads inside that municipality, which are not in the county road system. CLINIC - An establishment where patients, who are not lodged overnight except for Observation or emergency treatment, are admitted for examination and treatment by one (1) person or 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, veterinarians or any such profession, the practice of which is lawful in the State of Florida. CLUB - Buildings and facilities owned and operated by a corporation or association of persons for social or recreational purposes but not operated primarily for a profit or to render a service which ~s customarily carried on as a business. COLLECTOR ROAD OR STREET A route providing service which is of relatively moderate average traffic volume, moderately average trip length and moderately average operating speed. Such a route also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs. A street 1999 S-11 8 Boynton Beach Code shown or described as a .collector according to the current or most recent functional classification comained in the City... of Boynton Beach Comprehensive Plan, as adopted and amended, is a collector street. COMBUSTIBLE SIGN - Any sign or sign structure which will ignite or support flames and which has a low flame point. Prime examples of combustible signs would be wood, non-U.L, approved plastics, cloths, etc. COMMERCIAL TRUCK - A truck defined as such by the rules of the Florida Department of Highway Safety and Motor Vehicles. COMMERCIAL ZONING DISTRICT - All C-I, C-2, C-3, C-4 and PCD zoning districts. COMMISSION - The City Commission of the City of Boymon Beach, Florida. COMPLETELY ENCLOSED - A building separated on all sides from the adjacent open area, or from other buildings or other structures, by a permanem roof and by exterior walls or party walls, pierced only by windows or entrances or exit doors normally provided for the accommodation of persons, goods or vehicles. COMPREHENSIVE PLAN - The Comprehensive Plan of the City of Boynton Beach as adopted and amended and required by F.S. 163. CONCEPTUAL FEEDBACK - General reaction to a thought or idea with the clear understanding that further development of the thought or idea will be considered only when it is in conformance with all codes, ordinances, rules and regulations. Conceptual feedback neither provides nor implies either presem or future waivers, variances, exceptions or exemptions from any codes, ordinances, rules and/or regulations. CONCURRENCY The requirement that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. CONDITIONAL CERTIFICATION OF CONCURRENCY - Shall mean that there is reasonable likelihood that the necessary public facilities would be provided by the developer, a governmental agency, or by other developers, but that the conditions set forth herein cannot be met. The conditional certification of concurrency shall specify the public facilities which are to be constructed, timing of construction and responsibility for construction. A conditional certification of concurrency shall reserve capacity in the public facilities which specified as such, until the conditional certification of concurrency expires. CONDITIONAL USE - A use that would not be appropriate generally, or without restriction, throughout a zoning classification or district. Such uses however, if controlled as to area, location, number or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity and safety of the city. Such uses may be allowed in a zoning classification or district as a conditional use if specific provision for such a conditional use is made in these zoning regulations. CONDOMINIUM - See "Property Owners Association." CONSTRUCTION PLANS - Certified documents from which a complete review and analysis can be made of all required improvements without research and/or additional data. CONTIGUOUS LANDS - Lands that abut each other or are separated only by streets, ways, easements, pipelines, powerlines, conduits or rights-of-way under ownership of the petitioner, a governmental agency, a subdivision or a public or private utility.. CONVENIENCE STORE - Place of business that is engaged in the retail sale of groceries, including the sale of prepared foods, and gasoline and services. The term "convenience store" does not include a store which is solely or primarily a restaurant. CONVENTIONAL ZONING DISTRICT All zoning districts which are not planned zoning districts. 1999 S-11 General PrOvisi°ns CORNER - See "Lot. COST ESTIMATE - A certified estimate of the cost of surveying, testing,..all required improvements, supervision, profit and overhead. COUNTY - The words "the county" or "this county" shall mean the county of Palm Beach. COUNTY ROAD SYSTEM The county road system of each county consists of all collector roads in_the unipcorporated areas and all extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System. COVERED WALKWAY AND ARCADE SIGN - A sign which is perpendicular to the building face and is suspended from, attached to, supported from or forms part of, a covered walkway and is rigid. CROSSWALK - That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. CUL-DE-SAC - A cimular turnaround on a local street with only one outlet. CURRENT STANDARDS - Documents, drawings, specifications, details, laws, rules, regulations, ordinances and the like in effect on the date an application or amended application, whichever is later, is presented for consideration. CUSTOMARY PLAQUE - A sign identifying the address, operator's name or activity taking place within the facility, not to exceed two (2) square feet in area. dBA - The total sound level of all noise as measured with a sound level using A-weighting network. The unit is decibel based on a reference sound pressure of .0002 microbars. DEAD END STREET - A street with only one outlet. DEMOLITION Any dismantling, intentional destruction or remOval of structures, utilities, public or private right-of-way surfaces or similar property. DENSITY - An existing or projected relationship between numbers of dwelling units and land area. DEPARTMENT OF TRANSPORTATION STATE STANDARDS - The most recent edition of all state standards and specifications. DEPARTMENT STORE - A retail establishment offering a wide variety of merchandise, and organized into departments, according to the type of merchandise sold. DEVELOPER - Any individual, firm, association, syndicate, coparmership, corporation, trust or any other legal entity commencing proceedings under this ordinance. The term "developer" includes the term "subdivider". DEVELOPER'S ENGINEER A professional engineer, registered in Florida, engaged by the developer. DEVELOPMENT - Shall have the meaning given it in Section 380.04, Florida Statutes, pursuant to a development order or permit. DEVELOPMENT AGREEMENT - An agreement entered into between a local government and a person in connection with the approval of a development order or permit including, but not limited to, a development agreement pursuant to Section 163.3220, Florida Statutes, or an agreement on a development order issued pursuant to Section 380.01 et seq., Florida Statutes. DEVELOPMENT ORDER - Any order granting, denying, or granting with conditions an application for a development permit. A development order becomes effective upon approval by the City Commission and issuance, in writing, by the city attorney. 1999 S-11 10 . Boynton Beach Code DEVELOPMENT PERMIT - Any permit for required improvements, building(s), zoning, rezoning, plat approval, .ce.r. tification, variance, or other action having the effect of permitting commencement of development as defined in Florida Statutes, Section 380.04, or any other official action or types of action by the city which, in the judgement of the city manager, would permit the use or development of land similar to any of the listed actions. DIRECTIONAL SIGNS - (1) On-premises, incidental signs designed to guide or direct pedestrians or vehicular traffiC. (2) Signs erected or permitted by the city, Palm Beach County, State of Florida or the United States Government or agency thereof, for the direction or safety of the public. (3) A sign, notice or symbol as to the time and place of regular civic meetings and religious services. DIRECTORY SIGN - A freestanding or flat sign listing only the name and/or use or location of more than one (1) business, activity or profession conducted within a building, group of buildings or commercial center. DISTRICT (ZONING) - Any certain described area of the City of Boynton Beach to which these regulations apply and within which the zoning regulations are uniform. DOUBLE FACED SIGN - A sign with two (2) faces which are back to back with no more than a forty- five (45) degree angle between the faces. DRIVE-IN RESTAURANT - A restaurant which includes facilities to serve food and beverage to patrons for consumption by patrons in automobiles on the premises. DRIVE-TltRU RESTAURANT - A restaurant which include.- :acilities to serve food and beverages to patrons wh,~ are in their automobiles with the imention of driving away from the property and consuming their food and beverage elsewhere. DRIVEWAY - The paved area between a public street and private property intended to provide ingress and egress for vehicular traffic from the public street or thoroughfare to a definite area of private property, or which connects parking aisles or provides access to parking aisles. DWELLING UNIT - A house, apartment, building or any part thereof used primarily for human habitation and shall include bath and culinary accommodations. 1. Single-family dwelling: A building containing only one (1) single-family dwelling unit. 2. Multiple-family dwelling: A building containing two (2) or more dwelling units. EASEMENT - An interest in land granted for limited use purpose, but which does not convey title to real property. ELECTRICAL SIGN - A sign or sign structure in which integral electric wiring, connections and/or fixtures are used and connected to an electric source and meeting the requirements of the National Electrical Code. ELEVATED BUILDING Building without a basement in which the lowest floor is elevated above the ground. ENGINEER, REGISTERED A professional engineer registered by the State of Florida and trained in the field of engineering. ENLARGEMENT OR TO ENLARGE An enlargement is an addition to the floor area of an existing building, an increase in the size of any structure, or an increase in that portion of a tract of land occupied by an existing use. To enlarge is to make an enlargement. ERECT (SIGNS) -To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs. EXCAVATION OR EXCAVATING - The removal of materials from either above or below the water table and/or the grading, mixing or spreading of materials. 1999 S-II General Provisions 11 EXEMPTION DETERMINATION A written certification by the planning director that a development order or permit is exempt with respect to meeting the concurrency requirements for a particular public facility. EXPRESSWAY - A street shown or described as such according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended. EXTERIOR DISPLAY - Display of merchandise, as an accessory use in a lawful principal use, outside of the walls of the building or within any area which is not fully enclosed by building walls, in such a manner so as to allow for viewing or inspection of merchandise by customers. EXTERIOR STORAGE - The keeping of merchandise, materials, equipment or supplies, and the like, outside of the walls of a building or within any area which is not fully enclosed by building walls, which is generally not for the purpose of allowing inspection or viewing by customers. FABRICATION - The assembly or forming of goods using finished or semifinished materials, as opposed to the manufacture of primary materialS. FACING OR SURFACE - Shall mean the surface of the sign upon, against or through which the message is displayed or illustrated on the sign. FAMILY - One (1) or more persons occupying a single housekeeping unit and using common cooking facilities, provided that all such persons shall be related by blood, marriage or adoption, except that not more than one (1) person who is not related as such shall also be permitted to reside in the same unit. Families who provide care in their own home as duly state licensed foster family homes, in which dependent children have been duly placed by the State of Florida, and which include not more than five (5) children (both natural and foster) in the household, are expressly included within this term. FAMILY DAY CARE - A residence providing day care services for a number of children which is limited in accordance with Florida law, and which shall be construed to be an accessory use to any dwelling unit located in a residential or PU district, or in any commercial zoning district, excluding C-4 district. FESTOONS - Strings of ribbons, lights, tinsel, small flags, discs, spinners, pinwheels or any device propelled by natural forces used for the purpose of attracting attention. FILL OR FILLING - Placing material removed from another area on and/or off site. FIXED PROJECTION SIGN - A sign, other than a flat sign, which extends outward for more than eighteen (18) inches from the facade of any building and is rigidly affixed thereto. FLAG - A piece of cloth used as the national, state, municipal, civic or church symbol, registered corporate logo, or internationally recognized symbol. properly displayed in accordance with published federal, state, municipal, civic or church adopted guidelines and displayed on a designated pole located in a proper holder or in other ways approved by an appropriate national, state, municipal, civic or church agency. The maximum allowed is two (2) different flags per pole and only one (1) pole per lot or bay frontage. FLASHING SIGN - A sign, either fixed or portable, which uses or contains intermittent or a sequential flashing light source with the exception of a time or temperature sign or Dow Jones average sign which is part of a permitted commercial sign. FLAT SIGN A sign erected parallel to, and extending not more than eighteen (18) inches from, the facade of any building to which it ks attached and supported throughout its entire length by the facade of the building and not extending above or beyond the building. FLOOR AREA, MINIMUM - The area of the floor or floors measured from the centerline of the exterior walls to the centerline of dividing walls. The area for 1999 S-11 12 Boynton Beach Code garages, roofed-over screened porches and utility rooms shall be credited for fifty (50) percent of floor area. Open porches and carports shall be credited with twenty-five (25) percent of floor area. Accessory buildings shall not count as floor area if not accessible from the interior of the building~ Not more than ten (10) percent of any minimum floor area shall be credited to screened-in porches or breezeways. FOSTER CHILD - A child in foster care who has been placed in a foster home by the State of Florida. FOSTER HOME OR FOSTER CARE, FOR CHILDREN - A family foster home as defined by Section 409.175, Florida Statutes, and which conforms to the definition of "family." FREESTANDING SIGN - A pylon or ground- mounted sign which is supported by one (1) or more columns, uprights or braces in or upon the ground and identifying the use of the property upon which it is placed. FRONTAGE STREET Street." See "Marginal Access FUNCTIONAL CLASSIFICATION The assignment of roads into systems according to the character of service they provide in relation to the total road network. Basic functional categories include arterial roads, collector roads and local roads which may be subdivided into principal, major or minor levels. Those levels may be additionally divided into rural and urban categories. FURNITURE MANUFACTURING - Manufacturing of furniture, cabinets, wooden vanities, household goods and ornaments from wood; also, furniture repair, refinishing and reupholstering. GARAGE, PUBLIC PARKING- A building or other structure which provides parking or storage for motor vehicles. GASOLINE DISPENSING ESTABLISHMENTS - Commercial enterprise, including automotive service stations and convenience stores, which engage in the sale or other motor fuels to the public. GENERAL DEVELOPMENT PLAN - The official public document adopted by the City of Boynton Beach as a policy guide to present and future land use decisions. GOVERNMENT - Any direct agency of any federal, state, county or city government, including schools and the U.S. Postal Service. GOVERNMENT SIGN Any temporary or permanent sign erected and maintained by the city, county, state or federal government or any of their legal entities. GRADE, FINISHED - The average level of the finished surface of the ground adjacent to the exterior walls of the structure. GRADE SEPARATED INTERSECTIONS - Use of the term grade separated intersections shall mean any intersection wherein one road passes over another road by means of a bridge or an overpass. GROSS FLOOR AREA - The total floor area of a building or a use occupying part of a building, measured from centerlines of partitions and exterior of outside walls. Gross floor area shall include all floor area occupied by the main or principal use, plus any floor area occupied by accessory uses such as storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines and hallways. GROUND SIGN - Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other s[ruclllre. GROUNDWATER - Water occurring beneath the surface of the ground, whether or not flowing through known or definite channels. HAZARDOUS MATERIAL Any substance or material which has been determined by the secretary of the United States Department of Transportation to be capable of imposing an unreasonable risk to health, safety and property. This term includes hazardous waste as defined in s. 403.703(21). 1999 S-II General Provisions 12A HEIGHT (SIGN) - The vertical dimension measured from the highest point of the sign to the mean surface grade surrounding the bottom of the sign. 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 than 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. HOTEL Any building containing principally sleeping rooms in which transient guests are lodged 1999 S-11 12B Boynton Beach Code General Provisions 13 with or without meals, with no provision made for cooking in any individual room or suite and having or not having one (1) or more dining rooms, restaurants or cafes as accessory uses. Such building would structurally and for purposes of safety be obliged to conform to the laws of the hotel and restaurant commission (Division of Hotels and Restaurants of the Departrnem of Business Regulation). HOTEL APARTMENT Any hotel building containing a mixture of sleeping rooms and apartment suites for tramient guests only, and which shall not serve as the primary or permanent residence of the occupants. Buildings designed as hotel aparunents shall have not more than one-third of the total units devoted to apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Hotel apartment suites shall have a minimum gross floor area of five hundred (500) square feet. HOUSE EAVES-- a nonstructural portion of any building or structure extending beyond the vertical plane of the foundation. HOUSE TRAILER - (a) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways, Co) or a trailer or semitrailer the chassis and exterior shell of which is designed and constructed for use as a house trailer, as defined in paragraph (a), but which is used instead, permanently or temporarily, for the advertising, sales, display or promotion of merchandise or services or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. HOUSEHOLD - all persons who occupy a dwelling unit. A person living alone or any group of persons sharing a dwelling unit is a household. IDENTIFICATION SIGN - A non-illuminated sign affixed to the rear of a building bearing the business name and/or address of the occupant, with an area not exceeding three (3) square feet. ILLUMINATED SIGN Any sign which has characters, letters, figures, designs or outiine illuminated by electric lights or luminous tubes a,,, a part of the sign proper. IMPACT FEE - A land development regulatory fee charged to new developmem which creates a need. for capital improvement& INCOMBUSTIBLE MATERIAL - Any material which will not ignite at or below a temperature of one thousand two hundred (1,200) degrees Fahrenheit and will not continue to burn or glow at that temperature. INSPECTOR - A city employee working as an inspector under the authority and direction of the director of development or his designee. INTER/M SERVICES FEE - User charge applicable to structures certified for occupancy by the city development department but not appearing on the Palm Beach County tax rolls as an improvement to real property. INTERSECTION - See F.S. 316.003. INUNDATION - Moving, standing or ponded water which is a nuisance, hazard or health problem. JUNKYARD - An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed or disassembled, including, but not limited to, scrap iron and other metals and' waste materials. A junkyard includes an automobile wrecking yard and secondhand automotive parts yard. LAND DEVELOPMENT PERMIT - A permit issued by the Director of Development prior to commencement of construction of required improvements after final plat approval by the City. LAUNDRY AND DRY CLEANING, SELF- SERVICE - A business that provides home-type washing, drying, dry cleaning and/or ironing machines for hire, to be used by customers on the premises. LEGAL ACCESS - A dedicated and recorded right- of-way, or easement, excluding utility or drainage 1997 S-5 14 Boyfl~on Beach Code easements, affording;perpetual, ingress and egress from a subject property to a public thorougttfare. LEVEL OF SERVICE - The extent or degree of service provided by or proposed to be provided by a public facility, based on and related to the operational characteristics of the public facility. LIMITED ACCESS - A highway or freeway which does not permit access except at authorized and controlled points. The acquisition of right-of-way for such highways or freeways usually includes the acquisition of access rights thereto. Access may also be limited through methods other than acquisition of access rights. LIMITED ACCESS EASEMENT - A strip of land which does not permit access except at authorized and controlled points. LOADING SPACE - Accommodations off the street for loading onto and unloading from trucks, in the form of one (1) or more truck berths located either within a building or in an open area on the same lot. LOCAL STREET - A street shown or described as such according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended. LOGO - A symbol of a company or business. LOT - Is either: 1. A lot of record as part of a land subdiVision, recorded in the office of the clerk of the circuit court of Palm Beach County, and existing on the effective date of these regulations, or any applicable subsequent amendment thereto, or 2. A tract of land under a unity of title document or a tract of land, either un.subdivided or consisting of abutting lots of record which on the effective date of these regulations or any applicable Subsequent amendment thereto, was in one ownership, or 3. A tract of land, which at the time of filing for a building permit is designated by its owner or developer as a tract all of which is to be used, developed or built upon as a unit under one ownership. LOT AREA - The total area included within lot lines. LOT, CORNER - Either a lot bounded entirely by streets or a lot which adjoins the point of intersection of two (2) or more streets. LOT COVERAGE - That portion of the area of a lot, expressed as a percentage, occupied by all buildings or structures which are roofed or otherwise covered and that extend more than three (3) feet above the surface ground level. LOT DEPTH - The length of a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line of the lot. LOT FRONTAGE - The property line adjacent to a public or private street; it is also the front property line. LOT INTERIOR - Any lot that is neither a comer lot nor a through lot. LOT, THROUGH (DOUBLE FRONTAGE)- Any lot, not a comer lot, having both the front and rear property lines adjacent to a public street. LOT, WIDTH - The distance between the side lot lines measured at right angles to the lot depth at a point between the front and rear property lines. LUMBER STORES, BUILDING MATERIALS STORES, AND LUMBER YARDS - Sale of lumber and other building materials, including cutting of finished lumber products to length or size for sale on premises. MAJOR DRIVEWAY - A main ingress or egress to a public street from the site of any development generating more than 1,000 vehicular trips per 24 hour day or more than 250 trips in any single hour including, but not limited to, a shopping center, multiple-family development, industrial park, hospital or any other use. MAJOR REPAIRS - They shall include complete engine overhaul and/or replacement of internal pans of engines. Also included is repair of any portion of 1997 S-5 15 the drive mechanism, body'and fender work, painting and customizing. MAJOR THOROUGHFARES - A main traffic artery connecting two (2) or more municipalities. MALL - A single building, enclosing a number ~f tenants and occupancies wherein two (2) or more tenants have an entrance into an enclosed, roofed over area designed as a pedestrian public way. MARINA - A facility designed to provide a variety of accommodations and services for local or transiem boaters, such as fueling, dockage, retail sales of marine supplies, equipment, boats, motors and trailers, wet or dry storage, hauling, making minor repairs or alterations; the latter while in wet or dry storage. Where possible, all repairs, especially major repairs, will be accomplished within an enclosed or three-quarter enclosed building. MASTER PLAN - A drawing which shows the intended division of and improvements on real property. MASTER STORM WATER MANAGEMENT PLAN - Documents outlining proposed primary and secondary drainage and storm water treatment facilities. MATERIAL (FILL) Sand, clay, rock, muck, gravel, loam or like materials existing or hauled to the site. MILLWORK - Manufacturing of lumber and wood patterns, stock and workings, including, but not limited to, manufacturing of wooden flooring, shingles, doors, windows, frames, trusses, stairs and other fabricated structures; veneer, plywood and railings, wood pallets and containers, wood buildings and turned or shaped wood products. MINING - Removal of materials from a site in quantities exceeding what is physically necessary to develop the site. Mining is prohibited in the City of Boynton Beach. MINOR REPAIRS - They shall include engine tune=up, carburetor repairs, wheel=balancing and 1997 S-5 replacement and/or repair of external pans of engines. MOBII.R HOME A manufactured detached, transportable, single family dwelling unit designed for long term occupancy and arriving at the site where it is to be occupied'as a complete dwelling unit, containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems. To retain mobility, undercarriage and axles must remain attached to the unit. MOBILE HOME SUBDMSION (PARK) A subdivision of land for the sale of mobile home lots. MOTEL - A building or group of buildings which contains sleeping accommodations for transient occupancy, and has individual entrances to serve such sleeping units. No provisions shall be made for cooking in any individual room. Motels may have one or more dining rooms, restaurants or !ounges as accessory uses. MOT]gL APAR~ - Any motel building containing a mixture of sleeping rooms and apartment suites for transient guests only, and which shall not serve as the primary or permanent residence of the occupants. Buildings designed as motel apartments shall have not more than one-third of the total units devoted to apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Motel apartment suites shall have a minimum gross floor area of five hundred (:500) square feet. MULTIFAMILY DWELLING - A building or other shelter that has been divided into separate units to house more than one (1) family. NURSERY SCHOOL AND/OR PRESCHOOL FACILITIF..q - A supervised training and/or socializing center for children. NURSING HOME OR CONVALESCENT HOME - A residential facility which is included under the definition of 'nursing home facility", "facility', or 'related health care facility home' as set forth in Chapter 400, Pan I, Florida Statutes, except that this definition shall apply to facilities of any capacity. 16 Boynton Beach Code OCCUPATIONAL LICENSE.. A license to operate a business, profession, occupation or other operation within the city limits, which is issued in accordance with Chapter 13 of the City of Boynton Beach Code of Ordinances. OFF-PREb~SES SIGN - A sign advertising an establishment, merchandise, service or entertainment, which is sold, produced, manufactured and/or furnished, at a place other than the property on which said sign is located. OFF-PREMISES STORAGE - Storage which is not located on the same parcel as the principal use to which such storage is an accessory use. ON-PREMISES - At the place of business of a particular use, including the entire lot or parcel and any structure thereon, as opposed to on the customer's preafises. ON-PREMISES SIGN - A sign or sign device, indicating the business transacted, services rendered, goods sold or produced on the premises, including the name of the business, person, firm or corporation occupying the premises. Such sign shall be located where the use, for which the sign is identifyin~ or advertising, is located. OPEN SPACE - A required exterior open area clear from the ground to the sky devoid of residential and commercial buildings, and accessory structures. OUTFALL A pipe which discharges treated stormwater into waterways. OWNER - That person or legal entity reflected on the public records of Palm Beach County as the owner of real property upon which a structure has been completed. PAINTED WALL SIGN - A sign painted on any exterior surface of the building or structure, including the roof. PARAPET - A false front and/or wall extension above the roof line. PARAPET SIGN - A sign placed completely on the face of the parapet. PARK - A park, reservation, playground, beach, recreation, center or any other area in the city, owned, or used by the city, and devoted to active or passive recreation. PAdlKING LOT - Any outdoor or partially enclosed or enclosed space, plot, yard or any portion, thereof, which is utilized for the parking or storage of vehicles, upon which two (2) or more parking stalls are constructed. (Parking facilities designed for detached single-family homes or duplex units with a maximum of four parldng stalls are exempted from this del'tuition.) PARKING SPACE - A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street or' alley and permitting ingress and egress of an~ automobile. PARKING STALL - A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile with a minimum width of nine (9) feet and a minimum length of eighteen (18) feet. PAWN SHOP - A shop where money is lent in exchange for personal property left as security. PEAK SEASON POPULATION - The year-round population of the city, Palm Beach County, the- development project, or other portion of the city or county, as the context may require, using the methodology set forth in the comprehensive plan support documents. PERIMETER - The entire outer boundary of the sign, not including the supporting structural members. PERSON - Any natural person, firm, coparmership, association or corporation. PLANNED COMMERC~ DEVELOPMENT - Land under unified control, planned and developed as a whole in a single development operation or a progranuned series of development operations for commercial buildings and related uses and facilities; 1998 S-8 ~eneFa] l~Ovisiom 17 provides for a commercial district of efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas and developments; is developed according to comprehemive a.nd detailed plans for streets, utilities, lots, building sites, etc., and site plans, floor plans and elevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans for other uses and improvements on the land related to the buildings; and includes a program, for full provision, maintenance and operation of such areas, improvements, facilities and services for common use by the occupants of the planned commercial development. plans and elevations for all buildings except for single family homes intended to be located, constructed, used and related to one another, and detailed plans for other uses and improvements on the land related to the buildings; includes a program for full provision, maintenance and operation of such areas, improvements, facilities and unit development, but will not be provided, operated or maintained at public expense. PLANNED ZONING DISTRICT - A zoning district in which the zoning of the properly to same is accompanied by and conditioned upon an approved master plan for the use and/or development of the property. PLANNED INDUSTRIAL DEVELOPMENT Land under unified control, planned and developed as a whole in a single development operation or an approved programmed series of development operations for industrial buildings and related uses and facilities; provides for an industrial district of efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas and developments; is developed according to comprehensive and detailed plans for streets, utilities, lots, building sites, etc. and site plans, floor plans and elevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans for other uses and improvements on the land related to the buildings; and includes a program for full provision, maintenance and operation of such areas, improvements, facilities and services for common use by the occupants of the PID, but will not be provided, operated or maintained at public expense. PLANNED UNIT DEVELOPbtT~NT - Land under unified control, planned and developed as a whole in a single development operation or an approved programmed series of development operations for dwelling units and related uses and facilities; includes principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of which it is a part; is developed according to comprehensive and detailed plans which include streets, utilities, lots, building sites and the like and site plans, floor PLAT - A map depicting the division or subdivision of land into lots, blocks, parcels, tracts or other portions in accordance with Chapter 177, Florida Statutes, as amended. PLAT, FINAL - A finished map of a subdivision accurately showing all legal requirements of Chapter 177 F.S. and the requirements of this ordinance. PLAT OF RECORD - A recorded final plat. PLUMBING - Includes all of the following supplied facilities and equipment: Gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines. POLITICAL SIGN - A sign erected by a political candidate, group or agent thereof, for political purposes. PRF, MISF~ - A parcel of land comprised of one (1) or more 10ts for which a site plan has been approved, if required, by the appropriate governmental body. If site plan approval is not required, the word "premises," for the purpose of these regulations, shall mean a parcel of land, with its appurtenances and buildings, comprised of one (1) or more lots having unity of use. 1998 S-8 18 Boynton Beach Code P~VATION - The perpetual maintemn~ of areas in their original state. PRIVATE COMMUNITY ANTENNA SYSTEM - A system of equipment designed to receive and distribute television and radio signals serving a minimum of ten (10) residential units in a condominium or nonprofit homeowners' association. PROPERTY OWNERS' ASSOCIATION - An organization operated under recorded maintenance and ownership agreements made up of every owner of a portion of a subdivision. Each owner is automatically a voting member and subject to a prorated share of the common 'property maintenance costs. A property owners' association, as used in this ordinance, is synonymous with homeowners' association and/or condominium association as defined in Chapter 711, Florida Statutes, 1971, as amended. PUBLIC FACILITIF~__ - Capital facilities for water, sewer, drainage, solid waste, parks, recreation and wads, for which levels of service have been established in the comprehensive plan. PUBLIC RIGHT-OF-WAY - The land which is 'dedicated for pedestrian or automotive traffic or which is dedicated for access to utilities and is, or is intended to be, permanently open for these uses. PUBLIC UTILITY - Every person, corporation, partnership or association or other legal entity, their lessees, trustees or receivers now or hereafter, either owning, operating, managing or controlling a system or proposing construction of a system that is providing or proposes to provide water or sewer service, electricity, natural or manufactured gas, or any similar gaseous substance, telephone, telegraph or cable TV service to the public for compensation. PYLON SIGN - A sign that is mounted on a freestanding pole(s) or other freestanding support so that the bottom edge of the sign face is six feet or more above grade. READER BOARD SIGN - See "Changeable Copy Sign.' REAL ESTATE SXGN - Any sign erected by an owner, or his agent, advertising the real property upon which the sign is located as for rent or sale. Such sign shall not include rooming house signs. REAL PROPERTY - The portion of the land or buildings contained in a legal description setting forth the boundaries of such property and legally acknowledged under the laws of the State of Florida and Palm Beach County. RECLAMATION - The filling, backfilling, restructuring, reshaping and/or revegetation within and around a land excavation or filling area to a safe and aesthetic condition. RECREATION VEHICLE - A travel trailer, camp trailer, chassis mount caner or motor home, as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles. RECREATIONAL FACILrrY - Any building or structure designated for recreational purposes such as games, sports, etc. and including adjacent property included for such use. RESIDENT POPULATION - The year-round populatiOn of the city, Palm Beach County, the development project, or other portion of the city or county, as the context may require, using the methodolo/y set forth in the comprehensive plan support documents. RESIDENTIAL ZON/NG DISTRICT - All R-lA,AA, R-lA,AB, R-1AA, R-lA, R-l, R-2 and R-3 zoning districts, and those planned unit developments where the predominant land use on the approved master plan is residential. RESTAURANT - A commercial use containing all necessary equipment and supplies for serving full course meals on a regular basis; however, any restaurant granted an alcoholic beverage license must receive at least one-half (1/2) of its gross proceeds from the sale of food and not alcoholic beverages. Additionally, no restaurant shall be permitted to sell alcoholic beverages for off-premises consumption or to operate a package store at the same location. 1998 S-8 ~eFal lh'ovi~ions 19 RETAIL - The sale of goods only to household consumers, or office or professional equipment and supplies, for use in offices or any other sale in the form of personal properD'. REZON'ING - The legal process by which changes are made to the boundary or boundaries of a zoning district(s) or where a new boundary or boundaries are established for a zoning district(s). This process is known herein as a district boundary change. RIGHT-OF-WAY - A strip of land dedicated or deeded in perpetuity to the public or a property owners association. ROADWAY - That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein refers to any such roadway separately, but not to all such roadways collectively. - - ROOF SIGN - A sign erected upon or above a roof of a building, or above or partially above a parapet of a building. RUNOFF - Precipitation discharge into waterways. The water that flows off the surface of the land without sinking into the soil is called surface runoff. Water that enters the soil before reaching waterways is called groundwater runoff or seepage flow from groundwater. SAFETY SIGN/WARNING SIGN - A D.O.T. approved sign erected to identify a special safety or warning message relating to that particular location or SALE OF GOODS - Sale, rental or leasing of goods. SELF SERVICE STORAGE FACILITY (MINI- WAREHOUSES) - An enclosed swrage facility of a commercial nature containing independent, fully enclosed bays which are leased to persons exclusively for dead storage of their household goods, personal property, or records for commercial businesses. Except as otherwise allowed by Section 11.0 Self Service Storage Facilities (Mini-warehouses) of the Zoning Code, storage bays shall not be used to manufacture, fabricate or process 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 on the site. SETBACK - A line running a certain distance back from and parallel to the base, front, side or rear property line which provided the separation wherein no building, structure or portion thereof shall be permitted, erected, constructed or placed unless specifically permitted by the Code. SEWERAGE SYSTEM, CENTRAL - A system of pipes, pumps, tanks, etc. for the collection and disposal of sewage, in accordance with the requirements of requisite government agencies. SEWERAGE SYSTEM, INDIVIDUAL Pipes, tanks and subsurface absorption field, or other approved treatment device, for handling and disposing of sewage wastes for a single user. SHOPPING CENTER - A group of retail commercial and/or service establishments planned, developed, managed and operated as a unit. SIDEWALK OR SANDWICH SIGN - A moveable sign not secured or attached to the ground. SIGHT DISTANCE - The minimum extent of unobstructed vision in a horizontal and vertical plane. SIGN - Every billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning and canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the business or other interests of any person or entity when placed out of doors in view of the general public. SIGN, AREA OF - The area enclosed by the perimeter of the signincluding all background material, panel, trim and color that differentiates the sign from the building, structure or object to which the sign is attached. If the sign is composed of 1998 S-9 Boynton Beach Code individual letters or symbols USing the wall as the background with no added decoration, the area is the sum of the areas of the snullest contiguous rectangles containing a letter, symbol or continuous line or lines of advertising matter. Note: Double faced signs are calculated as single faced until there is more than a forty-five (45) degree angle between faces. SIGN CONTRACTOR, ELECTRICAL - A person licensed to install, repair, alter, add to or change, any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and is qualified to erect signs and connect to an existing sign circuit. SIGN CONTRACTOR, NON-ELECTRICAL - A person licensed by the city to install, repair, add to, paint or change non-electrical signs. SIGN FACE - The part of the sign that is or can be used for advertising purposes. SITE PLAN FOR BUILDING PERMITTING - Drawings showing the location of the proposed building or structure and of every existing building or structure on the site or lot and other documents required by the director of development. SITE PIAN FOR DEVELOPMENT OR REDEVELOPMENT - The development plan for one or more lots submitted in compliance with Chapter 4 including, but not limited to, requirements of Section 7 therein. SNIPE SIGN - A sign of a temporary nature which is mounted to stakes or other objects, which is utilized to advertise or display matter. SPECIAL EVENT SIGN - A sign which carries a message regarding a special event or fimction which is of general interest to the community and sponsored by a not-for-profit civic, religious, school or governmental organization. SPECIAL MOBXLE EQUIPMENT - Vehicles defined as such by Section 316.003, Florida Statutes. START OF CONSTRUCTION (for other than new construction or substantial improvements under the CoasUd Barrier Resources Ac~ (P.L. 97.~,8), - The date a building permit is issued, 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 properv] of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main siructure. STATE ROAD - Any highway designated ~ a state- maintained road by the Department of Transportation. STATE STANDARDS - See 'Deparunent. of Transportation State Standards." STORAGE OF HOUSEHOLD GOODS - The storage of goods by individual households of their household possessions, and excluding storage of inflammable, explosive, toxic or hazardous materials. STORAGE, OPEN - The safekeeping of any goods' or products in an unoccupied space open to the sky for eventual removal not expected within seventy-two (72) hours or for continuous replacement by same or similar goods or products. STORM DRAINAGE - A system sufficient to prevent inundation resulting from a three-year storm which conveys storm waters to publicly dedicated and maintained drainage canals or natural waterways acceptable to the agency having jurisdiction or an. alternate proposal approved by the director of development. STORMWATER - The flow of water which results from a rainfall event. 1998 S-8 General Provisions 21 STR~T - A public or private strip of land which affords a principal means of access to abutting property. The word street is synonymous with road, avenue, boulevard, lane, place. STREET, ARTERIAL - A route providing seryjce which is relatively continuous and of relatively high traffic volume, long average trip length, generally higher operating speed, and high mobility importance. In addition, all United States numbered highways shall be arterial roads. STRUCTUR~ - Any building or improvement, for' which a certificate of occupancy is required, constructed upon real property located within the municipal limits of the city. SUBDMSION - The division of a parcel of land into two (2) or more lots or parcels, either by plat into lots and blocks or by metes and bounds description, for the purpose of transfer of ownership or development or, if a new street is involved, by division of a parcel of land. STREET, COLLECTOR A route providing service which is of relatively moderate average traffic volume, moderately average trip length, and moderately average operating speed. These routes also collect and distribute traffic between local roads or arterial roads and serve as a linkage between land access and mobility needs.' STREET FRONTAGE - The property line adjacent to a public or private street. STREET, LOCAL - A route providing service which is of relatively low average traffic volume, short average trip length or minimal through=traffic movements, and high land access for abutting property. SUBSTANTIAL IM~PRO~NT - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) per cent 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. Substantial improvement occurs 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 include any project for improvement of a structure to comply with existing state or local health, sanitary or safety codes, or alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. STREET, MARGINAL ACCESS - A street parallel and adjacent to an expressway, arterial street or limited access street or in the immediate vicinity of such streets utilized primarily for relieving such streets from local service of abutting property by providing protection from conflicts with through traffic. Also called a frontage street. SURETY - An irrevocable surety guaranteeing that all required surveying and construction improvements will be completed in full accord with approved documents and all conditions attached thereto. SURFACE WATERS - All waterways and associated wetlands that hold or transport water on the ground. STREET, MINOR - See "Local Street. SURVEYOR - A surveyor registered in Florida. STREET, PRIVATI~ - Any street not dedicated to the public. STREET, PUBLIC - Any street dedicated to the public and accepted for ownership and maintenance by the City Commission. STRUCTURAL TRIM - Shall mean the molding, battens, cappings, nailing strips, latticing and platforms which are attached to the sign structure. SWIMi~ING POOL - Any confined body of water, located either above or below the existing finished level of the site, exceeding two (2) feet in depth, designed, used or intended to be used for swimming or recreational purposes. TECItNICAL REVIEW COMMITTEE (TRC) - A committee consisting of the director of development, the fire chief, the police chief, the director of utilities, 1998 S-8 22 Boynton Beach ~ode the director of public Works, the-recreation and parks director and the director of planning, or their duly authorized representatives. TEMPORARY BUSINESS IDENTIFICATION SIGN A non-permanent, on-premise sign identifying a business location. TEMPORARY CONSTRUCTION SIGN - A sign identifying the owners, contractors, receivers, lenders and suppliers on the property where the sign is located during the construction period. Such sign may not be permitted prior to the issuance of a valid building permit for the specific site and must be removed within ten (10) days.after the building THOROUGHFARE PLAN - The plan of present and future streets adopted by the City of Boymon Beach. ~ SHARING HOTEL - The term shall include, but shall not be limited to, any building or pan thereof in which the right of use or occupancy of any unit circulates among various occupants for specific periods of time less than a full year during any given year but not necessarily for consecutive years in accordance with a fixed time schedule on a periodically recurring basis extending for more than one year. The determination that a building, or pan thereof, is a time sharing hotel shall be made without regard to the form of ownership of the property or of the units therein and shall be immaterial whether the right of use or occupancy is derived from a leasehold of fee interest. TRAFFIC - Pedestrians, ridden or herded animals, and vehicles, streetcars and other conveyances either single or together while using any street or highway for purposes of travel. TRAFFIC CONTROL DEVICES - Any mechanism used to regulate traffic, such u pavement striping, signs, etc. as specified in the D.O.T. Manual on Uniform Traffic Control Devices (M.U.T.C.D.), excluding any mechanical or electrical device such as traffic lights. TRAFFIC CONTROL SIGNAL - Any device, whether manually, electrically or mechanically operated by which traffic is alternately directed to stop and permitted to proceed. TRAFFIC IMPACT ANALYSIS - A traffic statement prepared by a professional engineer competent in traffic engineering registered in the State of Florida. Such analysis should address at a minimum, daily and peak hour movements, turn lanes requited, signalization, capacity of the street system and interior driveway lengttm. TRA.U.,ER - Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle. TRUCKING, TRANSFER, OR MOVING OPERATION - A use where trucking, transfer of goods or the moving of goods or property is the principal use, and where the use involves the use of such vehicles as are referred to in Section 14-3(a) of the City of Boynton Beach Ordinances. TRUCKS, BUSES, FARM EQUIPMENT, OR FARM MACHINERY - STORAGE, PARKING, SALE, RENTAL OR LEASING- The keeping of any trucks, buses, farm equipment, construction machinery or other vehicles referred to in Section 14- 3(a) of the City of Boynton Beach Code of Ordinances on a premises for any length of time, for purposes other than the ongoing service or repair of- the vehicle, ongoing deliveries requiring the vehicle, ongoing maintenance et construction projects, et where the operator of the vehicle is registered at a licensed hotel or motel and the vehicle is parked on the site of a hotel or motel. Ongoing service, repairs or deliveries shall be construed to be the keeping of such vehicles on the premises only for the amount of time that the vehicle is being serviced et repaired, or is making deliveries. Ongoing maintenance or construction projects shall include overnight parking on the premises for the duration of such a project on the pternises, during which the vehicle is actually used. This definition shall: not be construed to prohibit the parking of such vehicles as a customary accessory use to a lawful principal use where thc 1998 S-8 General Provisions 23 vehicle is owned or operated by the owner of the principal use, where the vehicle is necessary for the operation of the principal use, and where the parking of such vehicles is not-'prohibited elsewhere in the City of Boynton Beach Codes and Regulations. URBAN LAND USE - The use of land for other than agricultural, open space, conservation or preservation uses, including uses which are clearly -accessory and subordinate to these uses. USE - Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land. USE, PRINCIPAL - The primary purpose for which land or building is used as permitted by the applicable zoning district. USED MERCHANDISE - Merchandise which has been previously owned by another consumer or other end-user prior to being stocked or sold on the premises. UTILITY TRAILER - A trailer or commercial truck which is rented, leased or sold' primarily for use by household users for moving household goods, and specifically excluding truck-tractors or semi-trailers. VARIANCE - A procedure by which an applicant may request modification of the requirements set forth herein under specific conditions which do not nullify the intent and purposes of this ordinance. VEHICULAR SIGN - A sign or sign structure attached or affixed in any manner in or to any wheeled vehicle for the purpose of advertising that business to which the sign refers, excluding such signs attached or affixed to public transportation vehicles for business advertising purposes when such vehicles belong to a fully licensed public transportation company. A vehicle shall not be used to circumvent this sign code. Vehicles with vehicular signs shall be parked in the rear of commercial or industrial establishments. WALL SIGN - A sign containing copy, graphics, symbols and/or letters placed on the wall surface itself. WATER SYSTEM, CENTRAL - A supply of water to serve more than one user including the water source, pipes, pumps, tanks, treatment plants and all other appurtenances. WATER SYSTEM, INDIVIDUAL - A water source and other appurtenances supplying water to only one user. WATERWAY - Any body containing water such as a canal, channel, ditch, drainage way, lake, stream, watercourse, etc. WETLANDS Open bodies of water and those portions of a water body inundated at regular and periodic intervals, or ahose areas where vegetation is dominated by submerged and transitional species listed in Florida Administrative Code Rule 17-3.022. WHOLESALE - Sale of goods to consumers other than household consumers or to business and professional offices for use in such offices. For the purposes of these regulations, a wholesale establishment shall be defined as an establishment where more than fifty (50) per cent of the value of goods sold on or from the premises are sold at wholesale prices to customers or users other than household consumers. WINDOW/DOOR SIGN - Any sign which is painted on, applied to, attached to, hanging in or projected upon or within, the exterior or interior of a building glass area, including doors. For clarification purposes, signs in this definition include, but are not limited to, any identification, message, symbol, insignia, visual representation, logo type or any other form of communication. WORK - All construction for all facilities and features. WRECKED MOTOR VEHICLE - A motor vehicle defined as such by Section 10-50 of the City of Boynton Beach Code of Ordinances. 1998 S-8 24 Boynton Beach Code XERISCAPE A landscaped treatment that substantially reduces irrigation demands by appropriate plant selection. YACHTEL - A marina or dockage offering onshore overnight accommodations. spaces for recreation; insure that citizens of Boynton Beach will not bear the costs of haphazard land development; provide the authority to direct the construction of improvements; insure the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed. YARD - An open space on the same lot with a building unoccupied and unobstructed from ground upward, except by trees or shrubbery or as otherwise provided herein. YARD SIGN - A temporary sign, not to exceed four (4) square feet, which identifies a safety feature related to the particular lot. ZONING CODE - Chapters 2 and 2.5 of the Land Development Regulations as adopted by the City Commission. (Ord. No. 95-24, § 1, 8-15-95; Ord. No. 96-28, § 1, 4-16-96; Ord. No. 9649, § 4, 1-21-97; Ord. No. 97-04, § 1, 2-18-97; Ord. No. 98-04, § 1, 1-20-98; Ord. No. 98-31, § 1, 8-4-98; Ord. No. 99-24, § 1, 9-7-99) ARTICLE III. JURISDICTION ARTICLE V. IMPACT FEES AND DEDICATIONS Sec. 1. In general. Impact fees are regulatory fees due for land developmem activity causing a need for capital improvements. Sec. 2. Palm Beach County Fees/dedications. Palm Beach County ordinances require that certain impact fees be paid concurrent with developmem activities, collectible prior to issuance of certain permitting fees. Developers in Boynton Beach shall pay such fees in accordance with Palm Beach County ordinances. Regulations set forth herein are applicable to all land in the City of Boynton Beach, Florida. (Ord. No. 96-49, § 5, 1-21-97) Sec. 3. A. Boynton Beach fees/dedications. Parks and recreational areas. ARTICLE IV. PURPOSE The purpose of this chapter is to establish procedures and standards for the development and subdivision of real estate within the City of Boynton Beach, Florida, in an effort to, among other things, insure proper legal description, identification, monumentation and recording of real estate boundaries; aid in the coordination of land development in the City in accordance with orderly physical patterns; prevent haphazard, premature, uneconomic or scattered land development; insure safe and convenient traffic control; encourage development of an economically stable and healthful community; insure adequate utilities; prevent periodic and seasonal flooding by providing protective flood control and drainage facilities; provide public open 1. REGIONAL OR METROPOLITAN PARKS AND PRESERVATION/CONSERVATION AREAS. Where a planned regional or metropolitan park or preservation/conservation area is shown on the city's or county's comprehensive land use plan or other official map or plan of said planned area, the developer shall reserve such area for a period not to exceed two (2) years during which time the city or county shall either acquire the property or release the reservation. Such time period shall commence with an official inquiry to the City Commission by a developer or property owner proposing development of such area. 2. RECREATIONAL AREAS. 1999 S-11 General Provision~ 25 a. PURPOSE. This subsection is enacted to insure that future land development within the city provides land for park or recreational purposes in accordance with the open space and recreation element of the comprehensive plan adopted by the City of Boynton Beach. In order to provide water-based recreation in accordance with the city's comprehensive plan, waterfront park sites acceptable to the city shall be provided. b. REQUIREMENTS. As a condition of issuance of a land development order, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes and according to the standards and formula in this ordinance. c. GENERAL STANDARD. It is. hereby found and determined that the public interest, convenience, health, welfare and safety require that six (6) acres of property for each one thousand (1,000) persons be devoted for neighborhood park and recreational purposes. d.' FORMULA FOR DEDICATION OF LAND. Park and recreational land dedications for residential subdivisions shall be based on the general standard outlined in paragraph c. herein before and calculated as follows: Average number of persons/dwelling unit 1.000 vooulation park acreage standard Example for single-family dwelling Unit: 3 + I000 = 0.018 acre/unit 6 The following table is to be followed: Park Land Dedication Table Dwelling Type Average House- Average Acreage hoM size/D. U. Requirement/D. U. Single-family Duplex Multi family 3.0 0.0180 3.0 0.0180 2.5 0.0150 1998 S-8 For land zoned multifamily, the park land dedication formula shall be applied as related to the maximum number of dwelling units permitted by the zoning classification of the property. (1) Natural resource credit. On any site subject to development which contains natural resource areas of native plant vegetation such as Pine Flatwoods, Sand Pine Scrub, Xeric Oak Forest or Hardwood Hammock where such natural resource area exceeds 10 acres, twenty-five (25) percent of the natural resource area shall be preserved and may be credited a maximum of twenty-five (25) percent towards the parks and recreation dedication requirement. Such credit shall require the approval of the City Commission after review and recommendation of the TRC and the planning and development board. The requirements of this subsection shall be in addition to any other revisions adopted by the city which encourage the preservation of natural vegetation. In determining the amount of credit, the TRC shall make a recommendation to the commission which shall take into account the following factors: (a) Public access. (b) Management and maimenance plan. (c) Existing condition of the natural habitat. (d) Proposed restoration (e) The proportionate size of the habitat to the emire development. (0 The existence of protected species within the habitat. eo dedication. Formula for fees in lieu of land (1) GENERAL FORMULA. If no park or recreation facilities are proposed within the subdivision, the subdivider shall pay a fee equal 26 Boynton Bench Code to the value of the land. The fee will be used to acquire and/or develop park and recreational land to serve residents of the subdivision. (2) USE OF MONEY. The money collected hereunder shall be paid to the City of Boynton Beach and placed in a trust fund to be known as the reserve for parks and recreational facilities. This account shall be used solely for the acquisition, improvement, expansion or implementation of parks and recreational facilities in the City of Boynton Beach. Funds shall be used first for the purpose of providing park or recreational facilities reasonably related to serving said subdivision by way of the purchase of land, or, for improving said land for park and recreational purposes. If both adequate land and improvements exist in the area, funds may be spent to acquire or improve park and recreational facilities elsewhere in the city. (3) CRITERIA FOR REQUIRING BOTH DEDICATION AND FEE. The subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula: (a) When only a portion of the land calculated by the formula for park and recreational use is to be dedicated, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions set out above shall be paid for any additional land that would have been required to be dedicated pursuant to the said above provisions. (b) When sufficientpark and recreational land in the vicinity has already been acquired by the city arid only a small portion of land is needed from the subdivision to complete the site, such remaining portion shah be dedicated and a fee computed pursuant to the formula provided above shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to said above provision. (4) AMOUNT OF FEE IN LIEU OF LAND DEDICATION. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to the formula prescribed in Article V, Section 3, paragraph A.2.d above. The fee shall be paid pursuant to the provisions contained in this ordinance. At the time of filing of the plat for approval, the Deparunent of Development shall, in those eases where a fee in lieu of dedication is required either in whole or in pan, determine the fair market value of the land in the proposed subdivision, and this determination Shall be used in calculating the fee to be paid. If a subdivider objects to the fair market value determination, he may at his own expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the city, which appraisal of fair market value may be accepted by the City Commission, if found reasonable. Alternatively, the city and the subdivider may agree as to the fair market value. (5) DETERMINATION OF LAND OR FEE. The City Commission shall determine whether it accepts land dedication or elects to require payment of a fee in lieu thereof by consideration of the following: (a) Topography, geology, access and location of land in the subdivision available for dedication. In order to provide water- based recreation in accordance with the city's comprehensive plan, waterfront park sites acceptable to the city shall be provided. (b) Size and shape of the subdivision and land available for dedication. dedication. (c) The feasibility of (d) Availability of previously acquired park property. (e) In conformity with the recreation land use plan. (6) CREDIT FOR PRIVATE OPEN SPACE. Where open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned 1998 S-8 General l~o~hions 26A and maintained by the future residents of the subdivision, partial credit, not to exceed fifxy per cent (50%) may be given against the requirement of land dedication or payment of fees in lieu thereof if the City Commission finds it is in the public interest to do so and that all of the following standards are met: (a) The yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and (b) That the private ownership and maintenance of the open space is 1998 S-8 26B Boynton Beach Code · ' General Provisions 27 adequately provjded~ for by recorded written agreement, conveyance, or restrictions; and (c) That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successor; and (d) That the proposed private open space is reasonably adaptable for use for park and recreational purposes; taking into consideration such factors as size, shape, topography, geology, access, and location; and (e) That the open space for which credit is given provides a minimum of five (5) of the local park basic requirements listed below, or a combination of such and other recreational improvements that will meet recreation park needs of future residents of the area: Minimum Acreage Children's play apparatus area .25 Landscape park-like and quiet areas .50 Family picnic areas .25 Game court area .25 Turf playfield 1.00 Swimming pool (20'x 50' With adjacent deck) & lawn areas .25 Recreation center building 1500 s.f. Before credit is given, the City Commission shall make written findings that the above standards are met. f. PROCEDURE. The City Commission shall determine pursuant to subsection B.5.e hereof the land to be dedicated and/or fees to be paid by the subdivider. At the time of the filing of the subdivision final plat for approval, the subdivider shall dedicate the land, pay the fees as previously determined by the City Commission, or furnish surety in the amount of one hundred ten per cent (110 %) of the fees which shall become a lien upon the property and shall be paid prior to issuance of the first certificate of occupancy or the transfer of title to any parcel or unit of the land or imprOvement~ thereto. g. COMMENCEMENT OF DEVELOPMENT. At the time of proposal of the final subdivision plat, the City Commission shall specify when development of the park or recreational facilities shall be commenced. h. NONRESIDENTIAL SUBDIVISIONS. The provisions of this section shall not apply to nonresidential subdivisions. B. Adequacy of sites for utilities and public facilities. . As part of the review and approval of development projects, the city shall evaluate the need for sites for major utility and public facilities and require dedication of same, without penalty for the density or intensity of use, where doing so would be reasonably possible; otherwise consider the purchase of property, if dedication of land is not feasible. C. Utility fees. Capital facility charges, connection charges, reservation fees and/or other additional charges associated with water, sewers and city utilities are outlined in Chapter 26, Part II (Code of Ordinances). (Ord. No. 96-49, § 6, 1-21-97) ARTICLE VI. LAND DEVELOPMENT FEES Fees shall be charged for land development activities described herein as established by the City Commission from time to time by resolution. Current and applicable fee schedules and/or resolutions can be obtained at the office of the city clerk or department of development. 1997 S-5 28 Boynton Beach Code Sec. 1. Appeals from decisions of an administrative official. A. ELIGIBILITY. Appeals of decisions of an administrative official may be taken by any person aggrieved or by any. officer, board, or bureau of the governing body affected by any decision of an administrative official under any ordinance enacted pursuant to the Land Development Regulations of the City of Boymon Beach. B. FILING. Appeals shall be filed within fifteen (15) calendar days after rendition of the order, requirement, decision, or determination with the official from whom the appeal is taken specifying the grounds for the appeal. A current certified survey and a fee as adopted by resolution of the City Commission, plans, drawings, documents and/or other material constituting the record upon which the action was taken shall be collected by the administrative official and, together with the completed appeal, forwarded to the appropriate appeal board for placement on the board's next available agenda. C. STAY OF WORK. Upon posting of acceptable surety (see Chapter 7) by the appellant in an amount equal io 110% of the potential costs of delays and damages as certified by a design professional, all work on the premises and all proceedings in furtherance of the action appealed from will be stayed, unless the official from whom the appeal was taken certifies that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. D. ASSIGNMENT OF APPEALS. The City of Boynton Beach has several boards/commissions which deal with a variety of appeals, variances, exemptions, exceptions, etc., as follows: I. The building board of adjustment and appeals will hear and decide appeals of administrative decisions or determinations made in the enforcement or administration of LDR Chapter 20, Building, Housing and Construction Regulations and the various building codes and ordinances adopted by the City. See LDR Chapter 20, Article VII, Section 2D for detailed information, 2. The City Commission will hear and decide appeals of administrative decisions or determinations in the enforcement or administration of environmental review permits; excavation, dredging and/or fill permits; major/minor site plan or master plan modifications and height exceptions. 3. The concurrency review board will hear and decide app~s of administrative decisions denying a certification of concurrency and/or a conditional certification of concurrency. 4. The board of zoning appeals will hear and decide appeals of administrative decisions or determinations made in the enforcement or administration of all portions of the Land Development Regulations not specifically enumerated within the jurisdiction of the City Commission and/or the building board of adjustment and appeals and/or the concurrency review board. See LDR Chapter 2, Section 10 for detailed information. E. HEARING OF APPEALS. Each board or commission shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the panics in interest. Upon the hearing, any party may appear in person, by agent or by attorney. F. REVIEW OF ADMINISTRATIVE ORDERS. In exercising its powers, each board or commission may, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or ' determination made by an administrative official and may make any necessary order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of the members present shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the 1997 So5 · General Provisions 29 applicant on any matter upon which the board or commission is rdquired to pass. G. INDEMNIFICATION. In the event a claim or lawsuit is brought against the City, its officers, employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold harmless the City, its officers, employees, servants or agents ahd to defend said persons from .any such claims, liabilities, causes of action, and judgements of any type whatsoever arising out of or relating to the appeals from decisions of an administrative official whether the appellant is the applicant or any other party. The appellant agrees to pay all costs, attorney's fees, and expenses incurred by the City, its officers, employees, servants or agents in connection with such claims, liabilities or suits. Nothing contained herein, however, shall act as a waiver of any of the City's immunities provided for in Florida Statutes, Section 768.28..(Ord. No. 96-49, § 7, 1- 21-97) Sec. 2. Appeals from decisions of the concurrency review board. A. ELIGIBILITY. Appeals of decisions of the concurrency review board may be taken by any aggrieved party affected by a board decision. B. FILING. Appeals shall be filed within fifteen (15) calendar days after rendition of the order, requirement, decision or determination with the planning and zoning director specifying the grounds for the appeal. A fee as adopted by resolution of the City Commission together with other documents and materials constituting the record upon which the action was taken shall be collected by the planning and zoning director and, together with the completed appeal, forwarded to the planning and development board for placement on the board's next available agenda. C. HEARING OF APPEALS. The planning and development board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest. Upon the hearing, any party may appear in person, by agent or by attorney. D. REVIEWING APPEALS. In exercising its powers, the planning and development board may reverse or affirm wholly or partly, or may modify the decision or determination made by the concurrency review board and may make any necessary order, requirement, decision or determination, and to that end shall have all the powers of the concurrency review board and the planning and zoning director. The concurring vote of a majority of the members present shall be necessary to reverse any order, requirement, decision, or determination of the concurrency review board or to decide in favor of the applicant on any matter upon which the board is required to pass. (Ord. No. 96-49, § 7, 1-21-97) Appeals from decisions of the board of zonin~o appeals, and the building bOard of adjustment and appeals. A. ELIGIBILITY. Appeals of decisions of the board of zoning appeals and the building board of adjustment and appeals may be taken by any aggrieved party affected by a board decision. B. FILING. Appeals for judicial relief shall be filed with the circuit court within thirty (30) calendar days after rendition of a board decision. (Ord. No. 96-49, § 7, 1-21-97) Sec. 4. Appeals from decisions of the City Commlnsion. A. ELIGIBILITY. Appeals of decisions by the City Commission may be taken by any aggrieved party affected by a commission decision. B. FILING. Appeals for judicial relief shall be filed with the circuit court within thirty (30) calendar . days after rendition of a commission decision. (Ord. No. 96-49, § 7, 1-21-97) Sec. ~. Withdrawal or denial of appeal. A. REFILING AFTER DENIAL. Upon denial of an application for relief hereunder, in whole or in part, a period of one (1) year must run prior to the 1997 S-5 3O Boynton Beach Code filing of a subsequent application affecting the same property or any portion thereof. B. REFILING AFTER WITHDRAWAL WITH PREIUDICE. Upon the withdrawal of an application, in whole or in part, a period of six (6) momhs must run prior to the filing of a subsequent application affecting the same property or any portion thereof, unless, however, the decision of the board is without prejudice; and provided that the period of limitation shall be increased to a two-year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn. C. REFILING AFTER~ WITHDRAWAL WITHOUT PREJUDICE. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing and executed in a manner and on a form prescribed by the board and filed with the board at least one (1) week prior to any hearing scheduled concerning the application; ether'wise, all such requests for withdrawal shall be with prejudice. No application may be withdrawn after final action has been taken. When an application is withdrawn without prejudice, the time limitations for re- application provided herein shall not apply. (Ord. No. 96-49, § 7, 1-21-97) ARTICLE VIH. DEVELOPMENT REVIEWS Sec. 1. Technical reviews. A. SCOPE. Any person wishing to develop property within the city shall submit a master plan and/or site plan review application, an application fee and supporting documents as required by the planning and zoning department. The purpose of this submission shall be for review of the basic design quality of the proposed development and to ensure compliance with applicable city codes. B. ADMINISTRATION. The Planning and zoning department shall be responsible for the overall coordination and administration of the plan review process. C. DETERMINATION OF COMPLETENESS. Within two (2) business days (not including the date of filing) of receiving application and documentation for master plan and/or site plan review, the planning and zoning department shall inform the applicant of the completeness of the application and either accept the application or reject the application. Rejected plans and applications will be returned to the applicant with a list of deficiencies in writing from the planning and zoning department. D. DISTRIBUTION FOR REVIEW. Documents will be distributed within three (3) working days of acceptance to the City's technical review committee for review and written comments within fifteen (15) days unless otherwise requested by the planning and zoning director. E. TECHNICAL REVIEW COMMITTEE (TRC) CONSIDERATION. A technical review committee (TRC) chaired by the planning and zoning director or his/her designee and consisting of representatives of the parks and recreation, fire, police, utilities, public works, planning and zoning, and development departments shall meet to review documents in order to coordinate the technical expertise of TRC members. TRC~comments will be forwarded in writing to the plmming and zoning department within three (3) days of the meeting. F. APPLICANT NOTIFICATION. The planning and zoning department shall forward TRC comments to the applicant within seven (7) working days of the TRC meeting. G. DOCUMENT AMENDMENTS. The applicant shall amend the documents to reflect comments made by the various depaxh,ents or provide written explanations.. Staff comments unresolved at the time of development order preparation will be noted on the proposed . development order as conditions of development approval. H. SUBMISSION OF AMENDED DOCUMENTS/WRITTEN EXPLANATIONS. The applicant shall submit amended documents/written explanations to the Planning and Zoning Department within ninety (90) days of receipt of comments or the 1997 S-5 General Provisions 31 application shall become null 'and void. Reconsideration will then require a new application and a new fee. I. REDISTRIBUTION FOR REVIEW. The planning and zoning department shah distribute the amended documents to TRC members within three (3) working days of acceptance from applicant. TRC members shall respond to the planning and zoning department with either a recommendation to approve or reject the plan within ten (10) working days. The planning and zoning department shall notify the applicant of the responses from TRC members. (Ord. No. 96-49, § 8, 1-21-97) Sec. 2. Plavnlng and development board review. Sec. 3. City Commiasion reviews. A. SCOPE. When the planning and development board completes its review and formulates its recommendations, the planning and zoning director will transmit the documents together with TRC comments and recommendations as well as planning and development board action to the City Commission at their next available meeting. B. APPLICANT NOTLFICATION. The planning and zoning department will notify the applicant in writing of the date, time and location of the City Commission meeting when the application will be reviewed, The applicant may, at his/her option, request in writing a postponement of Eity Commission deliberations. A. SCOPE. When the TRC finds that the documents meet the provisions of these Land Development Regulations, the planning and zoning director will trafismit the documents with TRC comments and recommendations to the planning and development board for review at their next available meeting. B. APPLICANT NOTIFICATION. The planning and zoning department will notify the applicant in writing of the date, time and location of the planning and development board meeting when the application will be reviewed.' The applicant may, at his/her option, request in writing a postponement of planning and development board consideration. C. PLANNING AND DEVELOPMENT BOARD DELIBERATION. The planning and development board will review submitted documents as well as all TRC comments and recommendations, and has all of the authority, functions, powers and duties vested in it by Chapter 1.5, Article I, Section 4 of this Land Development Regulation. D. ACTION. The planning and development board shall recommend to the City Commission that they approve the plan unconditionally, approve the plan with conditions and/or recommendations, or deny the plan. (Ord. No. 96-49, § 8, 1-21-97) C. CITY COMMISSION DELIBERATION. The City Commission shall consider the comments and recommendations of reviewing departments and the recommendation of the planning and development board and shall approve the plan, approve the plan with conditions, deny the plan or defer action on the plan. (Ord. No. 96-49, § 8, 1-21-97) ARTICLE IX. DEVELOPMENT ORDERS Sec. I. Challenges to staff comments generated through the development review process. A. ELIGIBILITY. An applicant may challenge any written comment or recommendation made by a staff member during the development review process. B. INFORMAL PROCEDURE. An applicant may challenge orally or in writing any staff comment or recommendation by contacting the issuing department and presenting specific grounds for the challenge. The issuing department may reverse or affirm the comment or recommendation, wholly or partly, or may modify the comment or recommendation, but all such action shall be based on provisions of appropriate codes, ordinances, rules or regulations. Any staff comment not based on a specific code, ordinance, rule or regulation becomes a recommendation. 1997 32 Boytiton Beach Code C. FORMAL -_PROCEDURE. Comments and/or recommendations surviving the informal procedure described hereinbefore will be forwarded to the planning and development board and/or City Commission for review in the form of a proposed development order. The board will review proposed development orders which come before it and may recommend acceptance, rejection, and/or modifications to staff comments and recommendations, and forward a record of their recommended action to the City Commission. The City Commission may accept, reject, or modify each comment or recommendation presented to them from staff and, if available, from the planning and development board, during their development order deliberations. D. FINALIZING DEVELOPMENT ORDERS. The city attorney, or his designee will record specific action by the Commission on each staff comment or recommendation during deliberations. He shall also record specific action by the Commission on each planning and development board comment or recommendation as well as each Commission comment or recommendation. The city attorney will sign, and the city clerk will witness, the completed record of the p~oceedings w~'~i,:h then becomes the official development order. E. DISTRIBUTION OF DEVELOPMENT ORDERS. Within three (3) working days the city attorney and city clerk will sign the development order and forward signed copies to the applicant, the department of development, and the planning and zoning department. (Ord. No. 96-49, § 9, 1-21-97) ARTICLE X. VARIANCES AND EXCEPTIONS Sec. 1. Variances. When literal or strict enforcement of the provisions of these Land Development Regulations would cause unusual, exceptional or unnecessary difficulties or undue hardship or injustice because of the size of the tract to be subdivided, its topography, the condition or nature of adjoining areas or the existence of other unusual physical conditions, the commission may vary or modify the requirements set forth herein after receiving and reviewing the report of the technical review committee. No variance shall be granted if it has the effect of nullifying the intent and purposes of the LDR. In granting variances, the commission may require such conditions as will .- secure the objectives of the LDR. A. Variances will not be processed unless a written application and a fee have been submitted to the director of development demonstrating: 1. That special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands, and 2. That a literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties, and 3. That the special conditions and circumstances do not result from the action of the applicant, and 4. That the granting of the variances requested will not confer on the applicant any special privilege that is denied to other lands. No pre-existing conditions or neighboring lands which are contrary to the LDR shall be considered grounds for the issuance of a variance. B. Documents will be submitted to the technical review committee as outlined in this chapter, Article VIII, Section 1. To consider the recommendations of the technical review committee, the commission shall set a public hearing on the proposed variance. To approve a variance the commission shall find: 1. That the requirements of this section have been met, and 2. That the reasons set forth in the application justify the granting of the variance, and 1997 S-5 General Provisions 33 3. Tliat the variance is the minimum variance that would make possible the reasonable use of the land, and 4. That the granting of the variance would be in harmony with the general purpose and intent of the LDR, would not be injurious to the surrounding territory, and would not impair desirable general development of the neighborhood or the community, as proposed in the comprehensive plan, or otherwise be detrimental to the public welfare. C. In granting any variance the commission may prescribe conditions and safeguards in conformance with the LDR. Any variance granted by the commission shall be noted in its official minutes along with the reasons which justify the granting thereof and required conditions and safeguards. (Ord. No. 9649, § 10, 1-21-97) Sec. 2. Exceptions. The requirements outlined in the LDR may be modified by the commission in the case of a plan and program for a complete community, which in the judgment of the commission provides adequate public space and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated,~ and which also provides such covenants or other legal provisions as will assure conformity to and implementation of the plan. In granting such modifications, the commission shall require such reasonable conditions and safeguards as will secure substantially the objectives and standards of the LDR. Upon compliance with the foregoing, a public hearing shall be held by the commission. (Ord. No. 964.9, § 10, 1-21-97) Sec. 3. Appeals. See Chapter 1, Article VII, Section 4. (Ord. No. 96-49, § 10, 1-21-97) 1997 S-5 Boston Beach Code Chapter 1.5 PLANNING AND DEVELOPMENT GENERALLY An. I. In General An. Il. Reserved An. III. Reserved An. IV. Reserved Art. V. Reserved Art. VI. Concurrency Requirements ARTICLE I. IN GENERAL Sec. 1. Planning and da~elopment board--Establishment and composition. A. A City of Boynton Beach Planning and Development Board is hereby created and established, consisting of seven (7) regular members and two (2) alternate members appointed by the City Commission of the City of Boynton Beach, 'Florida. B. The mayor and City Commission shall appoim the members of the planning and development board in accordance with the appointment procedures followed by the commission. The nomination shall be subject to the confirmation of a majority vote of the City Commission. C. Al1 members of the planning and develop- ment board must be residents of the City of Boynton Beach, Florida. D. The commission in appointing members to the planning and development board shall give preference, when possible, to design professionals licensed in the disciplines of architecture, landscape architecture, landscape design and planning. Sec. 2. Terms of offices; removal; vacandes. A. On first appointment to the board, three (3) members and two (2) alternate members shall each have an initial term of one (1) year. On first appointment to the board, four (4) members shall have two-year terms. Thereafter, the term of office for each member of the planning and development board shall be two (2) years. Subsequent alternate members shall be appointed for one-year terms. B. The members of the planning and development board shall hold office until the first Tuesday in April of the year such members' terms expire. Each member shall hold office until his successor is duly appointed and qualified. Any member appointed to serve in lieu of any member on account of death, resignation, removal or disability of such member, shall serve only for the unexpired term of such original member. C. Should a member of the planning and development board move outside of the jurisdictional boundaries of the city, the member shall become disqualified, and a new member shall be appointed by the City. Commission. D. Any vacancy occurring shall be filled by the City Commission. E. The City Commission shall appoint two (2) alternates to serve when members of the planning and development board are absent. The alternates shall reside within the jurisdictional boundaries of the city and all other restriction set forth in Sections i through 6 as to members of the planning and development board shall apply to the alternates. Alternate members shall have preference in appointment to vacancies created by death, resignation, removal or end of term of regular members. F. A member of the board is permitted to have six (6) absences during any one year period. The seventh absence shall result in removal from the board. (Ord. No. 97-44, § 1, 9-2-97) Sec. 3. Selection of chair and vice chair: rules of procedure. A. At the first regular meeting of the planning and development board in April of each year, the 1998 S-7 Repl. 1 2 Bo~nton Beach Code Board shall elect a chairman and vice chairman from among its members. B..The planning and development board shall meet at regular intervals to be determined by the City Commission and at such other times as the chairman may determine. The board shall operate in accordance with Robert's Rules of Procedure as amended and clarified from time to time. All meetings of the board shall be open to the public, and a record of all meetings shall be kept and maintained in accordance'with Florida Public Records Laws. C. The chairperson, or in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. The board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent ot abstaining, indicating such fact. No member shall abstain from voting unless he or she has a conflict of interest pursuant to the provisions contained herein or in accordance with Chapter 112, Florida Statutes. The records of the board shall be filed in the office of the city clerk and shall be public records. Sec. 4. Advisory authority, functions, powers, and duties. A. The planning and development board shall have the authority and duty to consider and recommend upon applications, as hereinafter set forth, after first considering the recommendations thereon of the city planning and zoning department, and after a determination of fact that application will not generate excessive noise or traffic; tend to create a fire, disease or other equally or dangerous hazards; provoke excessive overcrowding or concentration of people or population; be in harmony and compatible with the present and future developments of the area concerned; conserve the value of buildings and encourage the most appropriate use of land and water; provide adequate light and air; promote such distribution of population and such classification of land uses, development and utilization as will tend to facilitate and provide adequate provisions for public requirements, including, but not limited to, transportation, water flowage, water supply, drainage sanitation educational opportunities, recreation, soil fertility, environmental protection, and food supplies; prohibit wasteful and excessive scattering of population of settlements; conform to the character of the district and its particular suitability for particular uses; be consistent with the needs of the city for land areas for Specific purposes to serve population economic activities; protect the tax base; facilitate and carry forward the intent and purpose of the city's comprehensive plan; would not be disruptive to the character of the neighborhood or adverse to play grounds, parks, schools and recreation areas; would not be adverse to the promotion of public health, safety, comfort, convenience, order, appearance, prosperity or general welfare. B. The planning and development board shall have all powers heretofore vested in the planning and zoning board and the community appearance board. C. The planning and development board shall be responsible for all duties heretofore carried out by .the planning and zoning board and the community appearance board. D. All references in the Land Development Regulations of the City of Boynton Beach to the planning and zoning board or to the community appearance board shall hereinafter be construed to mean the Planning and Development Board. E. Provide recommendations to the community redevelopment agency for matters related to the central business district. 1. The board shall have the power to issue nonbinding recommendations to the community redevelopment agency on matters specifically referred to it by the community redevelopment agency. 2. The board shall have no other powers with respect to the central business district and the community redevelopment agency unless specifically granted or assigned by the City Commission. 3. All administrative staff and any other staff support for the duties of the board as set forth in this subsection shall exclusively be. provided by the City of Boynton Beach Department of Community Improvement under the direction and supervision of the city manager. (Ord. No. 97-15, § 1, 5-20-97) 1998 S-7 Repl. Flann~g and D~velopment G~erally Sec. 4.1 Quasi-Judicial Authority, functiom, powers, and duties. A. The Planning and Development Board shall have the authority and duty to hear and decide, in a quasi-judicial capacity administrative appeals, specPal exceptions and variances. B. Administrative Appeals. The board has the authority to hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to the section. C. Special Exceptions: The board has the authority and duty to hear and decide requests for special exceptions. To decide such questions as are involved in the determination of when such special' exceptions should be granted. To grant special exceptions with appropriate conditions and safeguards or to deny such special exceptions when not in harmony with the purpose and intent of this section. The following standards apply to the board power to grant special exceptions: 1. The board shall find that in granting the special exception, the public interest will not be adversely affected. 2. The board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made pan of the terms under which the special exception is granted, shall comtitute grounds for the revocation of the special exception and the certificate of occupancy or occupational license associated therewith. a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship. 1. In order to authorize any variance from the terms of an ordinance, the board must find that: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district. b. That special conditions and circumstances do not result from the actions of the applicant for the variance. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwhe detrimental to the public welfare. 3. The board may prescribe a reasonable time limit within which the action for which the special exception is required shall begin or be completed, or both. D. Variances. The board has the authority and duty to authorize upon appeal such variance from the terms of a city ordinance as will not be contrary to the public interest when, owing to special conditions, g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The applicant for such variances shall provide an affidavit with the application for variance stating that the above- mentioned conditions exist with respect to the acquisition of additional property. 1997 S-6 4 2. In gnnting-a variance: a. The board may prescribe appropriate conditions and safeguards in conformity with this section. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section. b. The board may prescribe a reasonable time limit wjthi~ which the action for which the variance is required shall begin, be completed, or both. c. Where variances of lot area and maximum densities are requested, and such variance, if granted, would cause the density to exceed the density shown on the furore land use map of the city's comprehensive plan, the density created shall be construed to be in conformance with the comprehensive plan, if the board finds d~at the variance meets the conditions set forth in this section for granting the same, and the variance would only allow for the conshmction of a single-family detsched dwelling. E. Procedures for Variances, Special Exceptions and Appeals of Administrative Actions. I. Exceptions. Under no circumstances except as permitted above shall the board grant a variance to permit a use not generally or by special exception permitted in the zoning distric~ involved or any use expressly oi by implication prohibited in the applicable zoning district. No nonconforming use of neighboring lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance. 2. Review of Adm~istrative Orders. In exercising its powers, the board may, upon appeal and in conformity with the provisions of this section, reverse or afl'n-m, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this section, and may make any necessary order, requirement, decision or determination, and to that end shall have the powers of tim officer fi.om whom the appeal is taken. A majority vote shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this section. 3. Appeals from decision of Administrative Official. Appeals to the board may be taken by any person aggrieved or affected by any decision of an adminis~ative official interpreting any zoning ordinance. Such appeal shall be taken witch thirty (30) days after rendition of the order, requirement, decision, or determination appealed from by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the board. 4. Stay of Work and Proceeding on Appeals. An appeal to the board stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken shall cenify to the board that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board, or by a court of record on the application, on notice to the officer fi.om whom the appeal is taken and on due cause shown. $. Hearing of Appeals. The board shall · t a reasonable time for the hearing of the appeal~ give the public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any person may appear in person, by agent or auomey. Applicanus shall be required to file a proper form (supplied by the Planning Depamnent), a current certified survey accompanied by a fee as adopted by resolution of the City Commission. For proce,!ural purposes, an application for a special exception shall be handled by the board as for appeals. 6. Review of Decisions of the Board. Any person may appeal variance, special exception, or appeal of administrative order to the City Commission of the City of Boynton Beach within twenty (20) days after rendition of the decision by the Planning and Development Board. The decision of the 1997 S-6 and Development Generally City CommissiOn shall be'deemed final subject only to review by writ of certiorari to the Palm Beach County Circuit Court. 7. Withdrawal or Denial of Application. a. Upon the denial of an application for relief hereunder, in whole or. in part, a period of one (1) year must elapse prior to the filing of a subsequent application affecting the same property or any portion thereof. b. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must nm prior to the filing of a subsequem application affecting the same property or any portion thereof, unless the decision of the board is without prejudice; and provided that the period of limitation shall be increased to a two. (2) year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn. c. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing and executed in a manner and on a form prescribed by the board and filed with the board at least one (1) week prior to any scheduled hearing scheduled before the board concerning the application; otherwise, ail such requests for withdrawal shall be with prejudice. No application may be withdrawn after action has been taken by the board. When an application is withdrawn without prejudice, the time limitations for reapplication provided herein shall not apply. F. Advertising Requkements. Required advertisements for the applicant's request must appear in a newspaper of general circulation in the City of Boynton Beach, at least fifteen (15) days prior to the scheduled Planning and Development Board Meeting. All required notices to surrounding property owners must be postmarked no later than fifteen (15) days prior to that scheduled public hem'ing. (Ord. No. 97-15, § 1, 5-20-97) Sec. 4.2. Additional authority, ftmctiom, powers, and duties, as assigned by the City Commission. The Planning and Development Board shall have` such additional authority, functions, powers and duties, as assigned' to the board by ordinance. (Ord. No. 97-15, § l, 5-20-97) Sec. 4.3 Authority Granted by the City Commission. A. The following applications/types of requests shall preliminarily be reviewed by the Planning and Development Board prior to approval by the City Commission: 1. Annexation. 2. Code review. Comprehensive plan text amendment. 4. Consistency review. 5. Development of regional impact amendment. 6. Height exception. 7. Land use plan amendmentffrezoning. 9. Telecommunication towers (waiver or reduction of separation requirements and/or special exception regarding application rejection). 10. Conditional Use Approval. B. The following applications/types of requests that are processed and reviewed by the Planning and Zoning Depa~i~uent shall be approved by the planning and development board: 1. Abandonment. 2. Administrative appeal. 3. Community Design Plan appeal. 1998 So7 4. Concurrency appeal. Boytlton Beach Code Concurrency time extension. Master plan modification. 8. Master plan time extension. 9. Major site plan modification. 10. New site plan. 11. Parking lot variance. 12. Sign code variance. 13. Site Plan time extension. 14. Subdivision- master plan. 1:5. Use approval. 16. Zoning code appeal. 17. Zoning code variance. 18. Conditional use approval time extension. C. No action of the Planning and Development Board shall be considered a final action of the City until ratified by the City Commission. The procedure for ratification shall be as follows: 1. All matters which have been reviewed and acted on by the Planning and Development Board shall be reduced to writing as a proposed Develop- ment Order. The form of the proposed I~velopment Order shall be approved by the City Attorney. 2. All proposed Development Orders shall be submitted to the City Commission on the consent agenda at the next regular City Commission meeting following action by the Plannin~ and Development Board. 3. Prior to approval of the Commission consent agenda, a member of the Commission may request the removal of any proposed Development Order from the consent agenda for further discussion, consideration, or public hearing prior to ratification. 4. The City Commission may table a proposed Development Order which has been removed from the consent agenda to a future meeting date to insure that proper notice and opportunity to be heard is provided to the applicant, the public, and any other interested patties. 5. Following ratification of a proposed Development Order by the City Commission, the City Clerk shall date and sign the Development Order and issue it as a final order. (Ord. No. 97-22, § 1, 6-17-97; Ord. No. 97-41, §§ 1, 2, 8-19-97) Sec. 5. Commission designated statutory The City Commission is hereby designated as the city's local planning agency to act on behalf of the city under the terms and provisions of the local government Comprehensive Planning Act, having the general responsibility for the conduct of a com.. prehensive planning program and the preparation, supervision and amendment of the comprehensive plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as provided in said act. Sec. 6, Review of board decisions. Ail decisions of the planning and development board shall be advisory to the City Commission, unless otherwise stated in this Article or by ordinance. Disposition of an application or request made through the planning and development board shall not be deemed final until acted on by the City Commission, unless otherwise stated in this Article or by ordinance. Once final, a decision may be reviewed by the ftlin~ of a Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, and in accordanc~ with the procedure and within tbe tim~ provided by court rule and such time shall commence to mn from the date of the decision sought to be reviewed. Any determination decisions of the Planning and Development Board must first be appealed to the City Commission within twenty (20) days after rendition of the decision by the Planning and Development Board, 1998 5-7 Ptmming and Develol~nent Generally 6A prior to any appeal to a court of competent jurisdiction. The decision of the City Commission shall be deemed final subject only to review by writ of certiorari to the Palm Beach County Circuit Court. (Ord. No. 97-15, § 1, $-20-97) Sec. 7. Comprehemive plan adopted; authority, purpose, preemption. A. Authority. Ordinance No. 89-38 is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulation Act. Section 163.3184, et. seq., Florida Statutes, and Chapter 9J-5, Florida Administrative Code. B. Purpose end intent. 1. It is hereby declared that the purpose of such ordinance is to preserve and enhance the existing quality of life; encourage the most appropriate use of land, water and resources consistent with the public interest; address current problems which have occurred because of the use and development of land; and deal effectively with future problems which may occur as a result of the use and development of land. Through the implementation of the 1989 Comprehensive Plan and those elements adopted herein by Ordinance No. 89-38, it is the intent of the City Commission of the City of Boynton Beach, Florida, to preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; to prevent the overcrowding of land and to avoid undue concentration of populations; to minimize urban sprawl; to encourage the development and redevelopment of the coastal community; to ensure that the existing rights of property owners be preserved in accord with the Constitutions of the State of Florida and of the United States; to plan for and guide growth and development within the city by providing greater specificity and certainty in the land planning process, by preparing a financially feasible plan, by establishing a concurrency management system, by providing for appropriate minimum levels of service for the necessary public facilities to accommodate existing populations and future growth, by coordinating local decisions relating to growth and development, and by ensuring consistency with the state, regional and county comprehensive plans. 2. The provisions of the elements adopted by Ordinance No. 89-38 are declared to be the minimum requirements n~sary to accomplish the aforesaid stated intent, purpose and objectives of the ordinance; and they are declared to be the minimum requirements to maintain, through orderly 8rowth and development, the character and stability of present and future lam use am development in this city. Nothing in this plan is to be construed to limit the powers and authority of the City Commission of the City of Boynton Beach to enact ordinances, rules or regulations that are more restrictive than the provisions of this plan. 3. Nothing in this comprehensive plan, or in the lam development regulations adopted consistent with its requirements shall be construed or applied to as to result in an unconstitutional temporary or permanent taking' of private property or the abrogation of validly existing vested rights. C. Adoption; elements. Pursuant to the Local Government Comprehensive Planning and Land Development Regulations Act, Section 163.3184, et.seq., Florida Statutes, the City of Boynton Beach hereby adopts the 1989 Comprehensive Plan of this city, consisting of the following elements; Future Land Use, Housing, Utilities (which includes the sub- elements of Sanitary Sewer, Potable Water, Solid Waste, Drainage am Natural Groundwater Aquifer Recharge), Conservation, Recreation and Open Space, Traffic Circulation, Coastal Management, Inter- governmental Coordination am Capital Improvement. D. Preemption. In the event that the 1989 Comprehensive Plan is more restrictive than existing development regulations, the provisions of the 1989 comprehensive Plan shall prevail. Sec. 8. Position of director of planning created; appointment, tenure. Pursuant to the charter of the city, there is hereby created the classified position of director of 1997 S-6 6B Boj, nton Beach Code planning, said position to be filled by appointment by the city manager, said officer to serve at the pleasure of the city manager. Sec, 9. Duties, respomibiliries of director of The duties and responsibilities of the director of planning shall be: A. To formulate and carry out technical'details and phases of the general plan for the future comprehensive development of the city. This shall include supervising and directly, participating in the performance of the specialized p'tanning activities and research essential to the preparation of the general plan. Incumbent shall be responsible for the coordination and successful execution of studies and programs. Work shall be performed under general direction of the city manager. B. To coordin/~e the above' plans with the planning _and development board as appropriate. C. To serve as principal agent of the city in all contracted planning activities. This shall include preparation of the scope of work of each contract, as well as supervision of progress once contract is D. To act as technical advisor to depa~huent heads and similar officials on all planning matters. 'E. To perform related work as required or directed by city manager. ARTICLE H. ~RVED ARTICLE IV. RF~ERVED ARTICLE V. RESERVED ARTICLE VI. CONCURRENCY REQUIREbIENTS Sec. 1. Short rifle, authority, intent and purpose. A. Short title. This article shall be known and cited as the "Boynton Beach Concurrency Management Ordinance." B. Authority. This article is adopted pursuant to the authority granted to municipalities under Article VIH, Section 2, Florida Constitution, Chapter 163, Florida Statutes, Rule 9J-5 and Rule 9J-5.0055, Florida Administrative Code, and the City of Boynton Beach Charter, which establish the right and power of municipal corporations to provide for the health, welfare, economic order, aesthetics, interest, safety and convenience of existing and future residents, employees, visitors, property owners and businesses within the city by enacting and enforcing, among other things;'a comprehensive plan, zoning and subdivision regulations, and other land development regulations. C. Intent and purpose. This article is intended to implement and be consistent with the City of Boynton Beach Comprehensive Plan, Chapter 163 Florida Statutes, and Rule 9J-5 and Rule 9J-5.0055, Florida Administrative code, in order to ensure that public facilities are available to serve development projects, as well as ail other persons and land uses within the city, consistent with the levels of service which are adopted in the city's comprehensive plan. Sec. 2. Applicabmty. A. Generally. Unless otherwise provided for in this article, the requirements of this article shall apply to all development orders or permits submitted after the effective date, within the city, with respect to maintaining the adopted level of service for potable water, sanitary sewer, drainage, solid waste, recreation, parks and road facilities. B. Palm Beach County Traffic Performance Standards Ordinance. The Palm Beach County Traffic Performance Standards Ordinance shall supersede this article in the case of all conflicts of 1997 5-6 Planninf and Development such ordinance with this micle, including conflicts where the Palm Beech County Traffic Performance Standards Ordinance would be less res~ctive than th]s article. C. Mainmin~g levels of service in portions of water or sewer s~vice are~ outside of city. For the purpose of mainlining the ~opted levels of service in those portions of the water or sewer service areas for which the city provides such facilities, this article shall apply, as appropriate, if a determination of concurrency or similar action with respect to potable water or sanitary sewer facilities is either required by or requested from another local government. The city may enter into an agreement with any such' local government with respect to the administration or enforcement of concurrency requirements fOr potable water or sanitary sewer facilities, provided that such agreement is consistent with Florida law. D. Other laws of United States, the State of Florida, and Palin Beach County. Nothing in this article si,ail be construed to supersede any federal or state laws, laws of Palm Beach County which apply within the city, or any provisions of the City of Boynton Beach Codes or Regulations which are not specifically in conflict with this article, including any such laws which concern the design, construction, provision, operation, or utilization of, or connection to public facilities. E. Development orders, permits, or projects approved by Palm Beach County, for land annexed into city. If land is annexed into the city and, prior to annexation, was subject to development orders, permits or development projects approved by Palm Beach County, then the development order, permit or project shall continue to comply with the Palm Beach County Adequate Public Facilities Ordinance with respect to potable water, sanitary sewer, drainage, solid waste, roads, parks and recreation facilities, as said Ordinance applies to the last development order or permit which was issued by Palm Beach County, and any subsequent development orders or permits which are issued by the city. However, the developer, property owner or their agents may request of the City Commission, that, upon annexation, the property be subject only to the requirements °f this article. For any land which is subject to this paragraph, any land development orders or permits which are issued by the city after five (5) years of the date of annexation shall be subject to the provisions of this article, unless an appeal is granted in accordance with Section 13 or Section 14. Sec. 3. Reserved. Sec. 4. Categories of development orders and permits. A. General. 1. The time limits specified in fl'~is section for the expiration of development orders and permits shall supersede any time limits set forth elsewhere in these Land Development Regulations. Expiration of a planned zoning district master plan, as set forth in this article, however, shall cause the development order for same to expire only with respect to exemption determinations, certifications of concurrency and conditional certifications of concurrency, and shall not, by itself, cause the zoning for the planned zoning district to expire. 2. All references to the "effective date" in this section shall apply only with respect to exemptions which are allowed in accordance with Sections 10 or 14. 3. A "lot" shall be construed to be a parcel which contains at least one whole lot which is shown on a recorded plat or is part of an unrecorded subdivision of land which has occurred. B. All references to categories of development orders or permits in this article shall mean development orders or permits in accordance with the following classification system: 1. 'A' Category developmem orders and permits shall consist of development orders or permits for the following types of development projects: 1997 5-6 6D Boynton Beach Code Al. Any construction of public facilities, either prior to or after the effective date, that are identified in the City of Boynton Beach or Palm Beach County Comprehensive Plans. A2. Any development project, either prior to or after the effective date, which, in and by itself, does not create demand for any public facility. A3. The replacement of an existing structure, either prior to or after the effective date, where no additional demand for any public facility would be created for non-residential uses, or no additional dwelling units would be constructed for residential uses, provided that an application for a building permit for such replacement is submitted within two (2) years of the date of the completion of the demolition or removal of the previous structure. A4. Any construction of public schools by the school board of Palm Beach County, either prior to or after the effective date. AS. Any construction of a Single- family detached or duplex dwelling on a lot lying within a subdivision which was platted prior to January 13, 1978, or on a lot lying within any other subdivision which occurred, prior to the effective date, where the current zoning is generally limited to single-family or duplex dwellings. A6. Any construction of a single- family detached or duplex dwellings, either prior to or after the effective date, where the subdivision and subsequent development of the property would not involve the creation of more than three (3) parcels either at a single point in time or cumulatively since January 13, 1978, for property lyin~ within the city as of the effective date, or as of the date of the application for annexation, for property annexed into the city, for property annexed after tim effe~ive date. AT. Any construction of additions or improvements to existing dwelling units, either prior to or after the effective date, provided that the number of dwelling units is not increased. A8. Any construction of structures for, or establishment of, a nonresidential use, either prior 1997 S-6 to or after the effective date, which would generate not more than five hundred (500) net vehicle trips per day on a one-time or cumulative basis, within any five-year period. A9. Any platting, construction, or conversion of residential uses, either prior to or after the effective date, which would generate not more than two hundred (200) net vehicle trips per day on a one-time or cumulative basis, within any five-year period. Al0. Any additions to existing nonresidential structures or uses, including recreational and community facilities which are accessory uses to residential uses, which would generate not more than five hundred (500) vehicle trips per day on a one-time or cumulative basis, .within any five-year period. All. The use of any structure or site which was in existence, prior to the effective date, regulations, including expansion of such use into portions of the structure or site which are mardfestly intended for such use, provided-that all such. uses would be lawful under the city's zoning regulations. Al2. Any subdivision platted after January 13, 19/8, but prior to the effective date, which has been bonded nnd the required improvements have been constructed and accepted, prior to the effective date, and at least one subdivided parcel has been sold off to a different owner. Al3. Any subdivision platted after January 13, 19/8, but prior to the effective date, improvements have been constructed and accepted, prior to the effective date, but all, lots and parcels are still under single ownership. Al4. Any subdivision platted after January 13, 1978, but prior to the effective date, which has been bonded, and the twenty-one-month limit for completion of bonded improvements has not expired. AlS. Any subdivision platted after January 13, 1978, but prior to the effective date, which has been bonded and the required improvements are under construction, and the twenty- Plam~n~ and Developmem Generally 7 one-month time limit for the completion of bonded improvements has expired, but construction is still proceeding in good faith, in the judgement of the city engineer. Al6. Any preliminary plat which has been approved, prior to the effective date, and application for permit from the Palm Beach County Health Deparunent for the construction of utilities has been approved, prior to the effective date, provided that the final plat is submitted within one year of the approval of the preliminary plat, and is recorded within eighteen (18) months of the approval of the preliminary plat. Al7. Completion of any undeveloped portion of a site plan or conditional use, a portion of which had been built or was under construction, prior to the effective date, or for which a building permit was applied for or issued, and the building permit has not expired according to the adopted building code. Al8: Any devel6pment of regional impact (DM), or a substantial deviation from a DRI, which was submitted or approved prior to the effective 'date, or development project within such DRI. except that the provision of public facilities to serve the project and the issuance of development orders or permits may be limited in accordance with the development schedule contained in the DRI development order, application for a development approval, or support documents for the application for development approval or development order. Al9. Any site plan or conditional use approved, prior to the effective date, or any development order which has been reviewed by the community redevelopment agency and has 'received final approval, prior to the effective date, provided that a building permit is applied for within one year of the date of approval of the site plan or other development order listed in this paragraph. A20. Any building permit issued, prior to the effective date, provided that the permit has not expired according to the adopted building code. A21. Any revision to a previously approved development order or permit, either prior to or after the effective date, where such addition or revision does not create additional demand for any public facility. A22. Any development order or permit which was the subject of a court order regarding the land use, zoning, planning, use, or development of a parcel, and litigation was initiated prior to adoption of the comprehensive plan. Development orders or permits which are the subject of such court orders, or subsequent development orders or permits which are consistent with such court orders shall be exempt for as long as the court order remains in effect. 2. "B" Category development orders and permits shall consist of development orders or permits for the following types of development project~: BI. Any unplatted portion of subdivision master plan approved, prior to the effective date, and which is served by master sized utilities, drainage facilities, or roads constructed as part of a portion which was platted, or for which a preliminary plat and Palm Beach County Health Department permits were approved, prior to the effective date. The rules set forth in this paragraph shall also apply where the unplatted portion is included in a boundary plat, and would be served by master-sized utilities or roads, and replatting at a later date is either intended or required. B2. Any preliminary plat which is approved, prior to the effective date, and which does not have an approved permit from the Palm Beach County Health Department for the construction of utilities, as of the effective date, provided that a final plat and Palm Beach County Health Department permits are submitted within one year of the approval of the preliminary plat, and if the plat is recorded within eighteen (18) months of the approval of the preliminary plat. 3. "C" Category development orders and permits shall consist of development orders or permits for the following types of development projects: Cl. A subdivision platted after January 13, 1978, but prior to the effective date, has been bonded and has been partially constructed, but has not been accepted by the city, the twenty-one-month time' limit for construction of bonded improvements has 8 Boyiiton Beach Code expired, and construction is not proceeding in good faith, in the judgement of the city engineer. C2. An unplatted portion of a subdivision master plan which has been approved, prior to the effective date, which would not be served by master-sized utilities, drainage .facilities, or roads constructed as part of a portion which was platted, or for which a preliminary plat and Palm Beach County Health Department permits were approved, prior to the effective date. The rules set forth in this paragraph shall also apply where the unplatted portion is included in a boundary plat, but would not be served by master-sized utilities or roads, and replatting at a later date is either intended or required. ' C3. A subdivision master plan or planned zoning district master plan which has been approved, prior to the effective date, provided that the preliminary plat for the project or the first phase thereof is submitted within eighteen (18) months of the date of the master plan approval.. permits permits projects: 4. "D" Category development orders and shah consist of development orders or for the following types of development D1. Any project for which the development order or permit is issued either prior to or after the effective date, and which is not exempt with respect to all public facilities according to the criteria set forth in the "A", "B", or "C" categories and Section 10, unless an appeal has been granted in accordance with Section 14. D2. A preliminary boundary plat, final boundary plat, or recorded boundary plat, submitted or approved either prior to or after the effective date, which does not show all necessary easements and dedications or is not connected to a definite plan for the development of the property within the boundary plat. permits permits projects: 5. "E" Category development orders and shall consist of development orders or for the following types of development El. Any project for which the development order or permit has expired, according to the criteria set forth for "A", "B',, "C", and "D" Category projects, and applicable provisions of Sections 9, 10, 12, 13 and 14. E2. Any subdivision preapplication. With respect to this article, approval of a subdivision preapplication shall be construed only to be a finding that property is suitable for platting and development for the use which is proposed, and shall not be construed to be a development order or permit for which exemption may be determined or for which concurrency may be certified. E3. Any land use amendment or rezoning petition, and any land use category or zoning district, except for planned zoning district and development of regional impact applications. E4. Any project for which the development order or permit, which, in and by itself, would not establish a specific intensity or density of Sec. 5. Minimum leve~ of service adopted for public facilities. The following levels of service are hereby adopted and shall be utilized in the administration and enforcement of this article. W~ere a conflict occurs between the levels of service set forth in this article and those which are set forth in the city's comprehensive plan, the levels of service in the comprehensive plan shall supersede those which are set forth in this article. The method for calculating the capacity of public facilities, populations, levels of service, and all other · numbers or ratios related to levels of service shall be that which is utilized in the comprehensive plan support documents, except where these methods have been refined in this section and in accordance with Section 7 of this article, or an appeal is granted in accordance with Chapter I, Article VII, Section 2. A. Potable water level of service shall mean the capacity of potable water facilities to produce and deliver not less than two hundred (200) gallons of 1997 S-$ Planning and Development Generally potable water pel; capita, which shall be calculated by dividing the maximum production capacity of the city's water treatment facilities, on a maximum daily flow basis, by the peak population which corresponds to the number of dwelling units, lodging units and beds in group quarters which are connected to the city's water system. B. Sanitary sewer level of service shall mean the capacity of sanitary sewer facilities to treat and dispose of not less than ninety (90) gallons of sewage per capita, which shall be calculated by dividing the maximum treatment capacity of the city's proportionate share of wastewater treatment facilities, on a maximum month average daily flow basis, by the peak population which corresponds to the number of dwelling units, lodging units and beds in group quarters which are connected to the city's portion of the sanitary sewer system. C. Solid waste level of service shall mean the capacity of solid waste transfer and disposal facilities to process not less than seven and two-tenths (7.2) pounds of solid waster per capita, which shall be calculated by dividing the capacity of Solid waste facilities, as defined by the Palm Beach County Solid Waste Authority, by the resident population of the county or portions of the county served by such facilities. Until such time as all exemptions to concurrency requirements are approved by the appropriate local governments in Palm Beach County, or the solid waste authority can verify that solid waste facility capacity is available to serve any particular development project, solid waste facilities shall be construed to be available until the point in time at which the Palm Beach County Solid' Waste Authority reasonably projects that the capacity of such facilities will be used up. D. Drainage level of service shall mean that drainage facilities for developmem projects shall be designed for a three-year design storm for a duration of the time of concentration for the watershed, for development projects which are subject to South Florida Water Management District design and/or permitting requirements, and shall mean that drainage facilities for all other development projects shall be designed to accommodate the first hour of a three- year storm on site. E. Roadway levels of service shall mean the average annual daily traffic levels for roadway linkz and peak hour traffic levels for intersections, as set forth in the Palm Beach County Traffic Performance Standards Ordinance, except that, if said ordinance is repealed or if exemptions or exceptions to said ordinance are granted, the following levels of service shall apply to the following roadway links: 1. Level of service "C" or bener under daily and peak hour conditions on all unspecified city local and collector highway facilities; 2. Level of service "C" for average daily and level of service "D" for daily peak season and year-round peak hour conditions on all nonspecified arterial facilities; 3. Level of service "D' for year-round daily and peak hour conditions on Seacrest Boulevard south of S.E. 23rd Avenue; U.S. 1 between Boynton Beach Boulevard and Woolbright Road; 1-95 through the city; Boynton Beach Boulevard from Old Boynton Road to 1-95; N.W. 22nd Avenue between Congress Avenue and 1-95; Congress Avenue between Boynton Beach Boulevard and N.W. 22nd Avenue; and for Boymon Beach Boulevard east of 1-95; 4. Level of service "Maintain" for all facilities where level of service standards have been exceeded. F. Recreation facilities levels of service shall mean not less than the ratio of the number and/or size of the particular type of recreation facility available to the residents of the city, as defined by the recreation and open space element support documents, to the peak population which corresponds to the number of dwelling units, lodging units and beds in group quarters within the corporate limits of the city, as set forth in Attachmem "A" to Ordinance No. 90-18. Private recreation facilities which are provided as pan of a development project may be used to satisfy the requirements for maintaining the levels of service for these facilities, if these facilities would meet the adopted levels of service, as set forth in this paragraph. For development projects which are exempt, no existing private recreation facilities shall be reduced in size and/or number, so as to cause the level of service to be lower than those which are set 10 Boyhton Beach Code forth in this paragrap~h, unless an appeal is granted in accordance with Section 13 or 14. G. District parks level of service shall mean not less than the ratio of developed district park acreage available to the residents of the city, as defined by the recreation and open space element support documents, to the peak population which corresponds to the number of dwelling units, lodging units and beds in group quarters within the corporate limits of the city. H. Neighborhood parks levels of service shall mean not 'less than the ratio of developed neighborhood park acreage available to the number of peak season residents of the neighborhood or development project, as follows: 1. For all residential development projects that consist of more than one hundred (100) dwelling units, that public or private parks or recreation areas are available to residents, such that the ratio of any such private parks or recreation areas to the number of the peak season residents to is not less than two and one-half (2.5) acres per thousand residents, or the ratio of public park acreage to the number of peak season residents within a walking distance of one-half (0.5) mile or within the neighborhood, as defined in the recreation element support documents, is not less than two and one-half (2.5) acres per thousand residents; and further provided that all dwellings within the development project are not more than one-half (0.5) mile walking distance from a public or private park or recreation facility which is available to the residents of the dwelling. 2. For all property which is annexed after the effective date, and which was platted or developed in the unincorporated area of Palm Beach County, or that have received approval of development orders or permits from Palm Beach County, the level of service shall bo that which is created by existing or approved public or private park or recreation facilities which serve the property or project exclusively, provided that no such level of service shall be more stringent than that which is set forth in subsection I above. 3. For all development projects which are not subject to the requirements set forth in subsection 1997 1 or 2 above, the levels of service set forth in subsection I above, or not less than the levels of service for the neighborhood planning area as set forth in Chapter 2, which shall be calculated as the ratio of developed neighborhood park acreage to the peak season population which corresponds to the number of dwelling units, lodging units and beds in group quarters within the neighborhood. For development projects which are exempt, no existing private recreation areas shall be reduced in area, so as to cause the levels of service to be less than those which are set forth in subsection 1 above, except if an appeal is granted in accordance with Section 13 or 14. I. The levels of service for potable water, sanitary sewer, solid waste, and parks and recreation facilities shall not be applied to development orders or permits for non-residential uses, including hospitals, since these levels of service are expressed in terms of facility capacity, per capita. These levels of service shall be applied, however, to development orders or permits for lodging facilities and group quarters,' and shall be applied to all new Developments of Regional Impact and Substantial Deviations thereto, which are approved after the effective date, where the land use for such DRIs would be different than that which was shown on the Future Land Use Map of the City or Palm Beach County, as of the effective date. (Ord. No. 96-50, § 1, 1-21-97) Public facilities shaft be available for development projects consistent with adopted levels of service. Except as provided elsewhere in this article, no development order or permit which is submitted after the effective date shall be approved, unless public facilities are or will be available to serve the · development project, such that the minimum levels of se~wice se~ forth in Section 5 are maintained, concurrent with the impacts of the development project. For public facilities to be determined to be available as such, the following conditions shall be met, given the proposed timing, and phasing of the development project: A. For potable water, sanitary sewer, and solid waste facilities, and primary drainage facilities or any secondary drainage facilities which are required Planning and Development Generally 11 improvements according to the subdivision and platting regulations: 1. The necessary public facilities are or will be in place at the time that any development permits are issued; or 2. Any development permits which are or will be issued will be subject to the condition that the necessary public facilities will be in place when the impacts of the development occur, meaning that, at the time of issuance, such public facilities either exist, a binding contract for the construction of same has been executed, performance security for same has been posted, or construction of same is scheduled in the capital improvements program of any governmental agency so as to be available when the impact of development occurs and construction of such facilities is financially feasible, based on currently available revenue sources adequate to complete such construction; or B. The-necessary public facilities are or will be under construction at the time that any development permits are issued, and that, at the time of issuance, such public facilities either exist, a- binding contract for the construction of same has been executed, surety for same has been posted, or construction of same is scheduled in the capital improvements program of any governmental agency so as to be under construction when the development permits are issued and construction of such facilities is financially feasible, based on currently available revenue sources adequate to complete such construction; or 4. The necessary public facilities are guaranteed in an enforceable development agreement that is consistent with any of the provisions set forth in subsection 1 through 3 above. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. The agreement shall guarantee that the necessary public facilities will be in place when the impacts of the development occur. B. For parks and recreation facilities, concurrency requirements may be satisfied by complying with the standards set forth in subsection A.1 through 4 above, or by complying with the following standards: 1. At the time a development permit is issued, the necessary public facilities are the subject of a binding executed contract which provides for commencement of the actual construction of the required public facilities within one year of the issuance of the .development permit; or 2. The necessary public facilities are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the public facilities within one year of the issuance of the applicable development permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. C. For roads, the requirements set forth in subsection (a) above shall be Satisfied if the development order or permit complies with the Palm Beach County Traffic Performances Standards Ordinance. In the event that the Palm Beach County Traffic Performance Standards Ordinance is repealed, the conditions which apply shall be those which were set forth in the most recent Palm Beach County Traffic Performance Standards Ordinance which was in effect in the City, except that any levels of service for particular roadway links which are adopted in the city's comprehensive plan shall apply to those links. D. In determining whether public facilities are available consistent with the requirements of this s~ction and Section ~, the demand for such public facilities which would be created by other development orders and permits which are exempt, or · for which certification of concurrency or conditional certification of concurrency has been issued shall be taken into account. Adoption of methodology for determinin~ whether concurrency requirements are met. The City Commission may adopt, by resolution, 12 Boy~iton Beach Code a methodology for determining whether the adopted levels of service would be maintained upon approval of development orders or permits, and how the approval of such orders or permits shall be conditioned so as to maintain the adopted levels of service. This methodology may refine but shall not be inconsistent with the provisions of Sections 5 and 6, or the levels of service as defined in the comprehensive plan. This methodology shall be considered to be an amendment to the comprehensive plan support documents. Upon adoption, this methodology shall be altered or amended only by resolution. .findings and necessary conditions of approval to the planning director. E. The Palm Beach County Traffic Engineer shall review each application for area development orders and permit which are subject to such review according to the Palm Beach County Traffic Performance Standards Ordinance, and the review and approval of such development orders and permits shall be in accordance with said ordinances. In addition, the city may review each traffic impact study in accordance with said ordinance. (Ord. No. 96-S0, § 2, 1-21-97) Sec. 8. Admires' tration of article. A. The planning director or his duly authorized representative is hereby authorized to administer the provisions of this ankle, except that the city manager may designate other departments, officials, or employees of the city to administer this article or any portion thereof. B. The planning director shall review all applications for residential, development orders and permits described in Section 9.D.1 for compliance with the requirements of Sections 5 and 6, for the purpose of determining whether the adopted levels of service for solid waste, parks, and recreation facilities would be maintained. C. The city's development department shall review all applications for development orders and permits described in Section 9.D.1 for compliance with the requirements of Sections 5 and 6, for the purpose of determining whether the adopted levels of service for drainage facilities would be maintained. The development department shall transmit its findings and necessary conditions of approval to the planning director. D. The city's utilities department shall review all applications for residential development orders and permits described in Section 9.D.I for compliance with the requirements of Sections $ and 6, for the purpose of determining whether the adopted levels of service for potable water and sanitary sewer would be maintained. The utilities department shall transmit its Sec. 9. Procedures for certification or conditional certification of concurrency, A. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, parks, recreation and road facilities are available concurrent with the impacts of deveIopment on each facility, the following procedures are hereby established to ensure that no development order or permit is issued unless there are adequate public facilities available to serve the propos~ed development project, or that the development order or permit is conditioned on the availability of public facilities concurrent with the impacts of development. B. Exemptions, nonapplicability. The requirements of this section shall not apply to development orders and permits which are not defined as such in Section 3, and shall not apply to development orders or permits which are fully exempt in accordance with Section 10 or 14. C. Review to determine adequacy of public facilities. 1. General. No development order or permit as set forth in Section 9.D. l,a through c which is submitted after the effective date or u'~s article shall be approved without the simultaneous issuance of a concurrency exemption determination, certification of concurrency, or conditional certification of concurrency for each public facility. In no case shall land development be permitted to proceed unless a development permit has been issued for which certification of concurrency has issued. 1997 S-5 Planning and Development Generally 13 2. Rules of general applicability. a. Timing. A land development order or permit may be submitted for concurrency review at any time during the year. For development orders and permits which are required to be submitted to the planning director according to Section 9.D.I, the deadline for submittal of applications to the planning director shall be thirty (30) days prior to the regularly scheduled technical review committee meeting which is prior to the regularly scheduled planning and development board meeting; except that where the development order or permit is subject to the Palm Beach County Traffic Performance Standards Ordinance, this deadline shall be sixty (60) days. All deadlines and procedures which are set forth elsewhere in this article shall be construed to be amended as necessary, in order to ensure compliance with the Palm Beach Countywide Traffic Performance Standards Ordinance. b. Assignability and transferability. An exemption determination, certification of concurrency, or conditional certification of concurrency shall be assignable within a development project, but shall not be assignable or transferable to any other development project. c. Phasing. In determining whether a certification of concurrency or conditional certification of concurrency would comply with the requirements of Sections 5 and 6, the planning director may consider the phasing of development and its coordination with public facility capital improvements for a period of up to five (5) years, or for a longer period of time if approved as a part of a development agreement. Any such phasing plan shall be a condition' of the approval of the development order or permit. d. Categories of development orders and permits for which concurrency may be certified or conditionally certified. (I) Potable water. Certification of concurrency or conditional certification of concurrency for potable water facilities shall be issued only for "A" category development orders and permits, as defined in Section 4. (2) Sanitary sewer. Certification of concurrency or conditional certification of concurrency for sanitary sewer facilities shall be issued only for 'A" category development orders and permits, as defined in Section 4. (3) Drainage. Certification of concurrency or conditional certification of concurrency for potable water facilities shall be made only for "A", "B", 'C" and ~D" category development orders and permits, as defined in Section 4. (4) Solid waste. Certification of concurrency or conditional certification of concurrency for solid waste facilities shall be issued only for "A" category development orders and permits, as defined in Section 4. (5) Neighborhood parks. Certification of concurrency or conditional certification of concurrency for neighborhood park facilities shall be issued oniy for "A", ~B", ~C~ and "D" category development orders and permits, as defined in Section 4. (6) District parks. Certification of concurrency or conditional certification of concurrency for district park facilities shall be issued only for "A" category development orders and permits, as defined in Section 4. (7) Recreation facilities. Certification of concurrency or conditional certification of concurrency for recreation facilities shall be issued only for ~A" category development orders and permits, as defined in Section 4. Id. 1.] Expiration and effect. concurrency concurrency. Expiration of certification of and conditional certification of Certification of concurrency shall be valid for the life of the development order or permit as defined in Section 4, and shall be valid for the life of all subsequent development orders and permits, provided that neither the original or subsequent development orders or permits have been 14 Boynton Beach Code allowed by the applicant to expire. Expiration of development orders and permits shall be der'reed by the time limitations set forth in Section 4. If the development order or permit is in a category for which concurrency cannot be certified for all public facilities, the applicant shall submit, prior to the expiration date of the development order, an application for a development order Or permit for which the remaining public facilities for which a certification of concurrency or conditional certification of concurrency can be issued; otherwise, all certifications of concurrency and conditional certifications of concurrency shall expire. Time extension for certifications in such cases may be granted only in accordance witlrSection 12. If a project has received certification of concurrency for some public facilities, and has received conditional certification of concurrency for other public facilities, any of which are to be constructed by a goverr~.ent~ agency or pursuant to a valid-~tevelopment order or permit issued to others, then all such certifications shall be valid until such time as the public facilities which are to be constructed by others or by government agencies are available, such that a certification of concurrency for said public facilities can be made. In such cases, the applicant shall file a written request to renew the certification of concurrency or conditional certification of concurrency, prior to the expiration date of the development order or permit, and thereafter on a yearly basis, prior to the anniversary of the expiration date of the development order or permit. If a project has received concurrency certification for some public facilities, and conditional for other public facilities all of which are to be constructed by the developer, then all such certifications shall be valid only until the expiration date of the development order or permit. Time extensions beyond any such expiration date for any certifications of concurrency or conditional certifications of concurrency may be approved only in accordance with Section 12. After the point in time at which certification of concurrency is issued for all public facilities, the life of the development order or permit shall be that which is specified in Section 4, and time extensions for such certification, beyond the expiration date of the development order or permit, may be approved only in accordance with Section 12. Any certification of concurrency or · conditional certification of concurrency for potable water or sanitary sewer facilities shall be contingent upon the developer paying a reservation fee for same, in accordance with Chapter 26 of the City's Code of Ordinances, within thirty (30) days of the approval of the development order or permit. If the reservation fee is not paid within this time, then certification of concurrency or conditional certification of concurrency shall expire, unless a time extension is granted in accordance with Section 12. e, Effect. (1) Certification of concurrency. Receipt of certification of concurrency shall constitute proof that public facilities are or will be available, consistent with the adopted levels of service set forth in Section 5, and the conditions set forth in Section 6, and shall specify the public facilities which are to be cOnstructed, timing of construction, and responsibility for construction. Certification of concurrency shall reserve capacity in the public facilities which are available, until the certification of concurrency expires. (2) Conditional certification of concurrency. If a certification of concurrency cannot. be issued for any particular public facility then the development order or permit may be issued a certification of conditional concurrency, if there is reasonable, likelihood that the necessary public facilities would be provided by the developer, a governmental agency, or by other developers. The conditional certification of concurrency shall specify the public facilities which are to be constructed, timing of construction, and responsibility for construction. A conditional certification of concurrency shall reserve capacity in the public facilities which shall be specified as such, until the conditional certification of concurrency expires. L Amendment of certification. An amendment to a certification of concurrency or conditional certification of concurrency shall be required in order to amend any development order or planning and Development Generally permit for whic~such certification has been made, if the amendment would increase or decrease the demand for any public facility. The amendment of the certification shall require evaluation and reservation of capacity only for any additional demand for public facilities which would be created by the amendment to the development order or permit. Furthermore, the amendment of the certification shall be approved if the amendment to the development order or perrmt is exempt from concurrency requirements in accordance with Sections 14 and 10. g. Effect of development agreement in conjunction with certification of concurrency or conditional certification of concurrency. A developer may enter into a development agreement with the City of Boynton Beach, in conjunction with the approval of the development order or permit and issuance of certification of concurrency or conditional certification of concurrency, in order to meet the conditions for the issuance of development permits which are set forth in Section 6. The effect of the development agreement shall be to bind the city and the developer pursuant to the terms of the development agreement for the duration of the agreement. Any public facility which is included in the five-year schedule of capital improvements in the city's CIE and which is included in the development agreement shall not be delayed, deferred, or removed from the five-year schedule of capital improvements set forth in the CIE, provided, however, that the development agreement may state that the capital improvement may be deferred for up to one year. The city may delay, defer or remove a capital improvement from the five-year schedule in such ~ases only if the level of service in the comprehensive plan is amended accordingly, and all development agreements shall include a provision for D. Procedure for review of land development orders and permits for compliance with this article. I. Submission of development order or permit to planning director. For each of the following development orders and permits listed below for which an application is submitted to the city after the effective date, either a copy of the application shall be submitted to the planning director, or the planning director shall be notified by the appropriate city department that the application has been received: a. All development orders; and b. All subdivision final plats; and c. All development permits which are not fully exempt, in accordance with Section 10 or Section 14, or for which certification of concurrency has not been issued for all public facilities. 2. Application requirements. Before processing, all such development order or permit applications shall be substantially complete and shall include the following: a. For nonresidential uses, the gross square footage and type of uses that would occupy such floor area. b. For nonresidentialusesl the square footage and type of use, for any exterior uses which, in and by themselves, would create demand for public facilities. c. For residential uses and lodging facilities, the number and type of dwelling units or lodging facilities; and, in the case of group qua~ers, the number of beds. d. For applications for which the development project would generate more than five hundred (500) net vehicle trips per day, a traffic impact study shall be submitted which shall comply with the requirements of the Palm Beach County Traffic Performance Standards Ordinance, unless the development project qualifies as a 'previous approval" under the terms of said ordinances. All applications which generate five hundred (500) or more gross vehicle trips per day shall include a calculation of the number of net vehicle trips. e. The proposed timing of the project, and ph~ing plan for the project, if any. 3. Determination of completeness. The planning director shall initiate review of the application upon receipt of same, and shall determine 16 Boynton Beach Code whether the applicatibn is complete with respect to this article, and. includes data necessary to evaluate the application, within ten (10) days of receipt. If it is determined that the application is not complete, the applicant shall be notified of the deficiencies. The planning director shall take no further action on the application unless the deficiencies are remedied. For applications which were submitted to other city depa~t~uents or other governmental agencies, the planning director shall notify the city department or other governmental agency which had sent the application or notice of same to the planp3ng director. For applications which were submitted directly to the planning department, the planning director shall notify the applicant directly. 4. Review and recommendation of city departments and service providers. Within two (2) days of the day on which the planning director determines that the application is complete, the application shall be fonvarded to the utilities department for all residential development orders and permits, the engineering department for all development orders and permits, and the Palm Beach County Engineer for development orders and permits which are subject to the Palm Beach County Traffic Performance Standards Ordinance; however, if the application originated'from either the utilities or engineering department, the planrd'ng director shall only notify that department that the review of the application for compliance with this article shall 5. Decision. by planrting director. a. Determinationofnonapplicability. The planning director may determine that the application is not a development order or permit, as defined in Section 3. In such cues, no' further action by the planning director or by the city shall be required. b. Exemption determination. The planning director may determine that the application is for a development order which is exempt, in accordance with Section 10, for any public facility. In such cues, the planning director shall issue an exemption determination for such public facilities and shall proceed in accordance with subsection c below with respect to any public facilities for which the development order or permit is not exempt. c. Certification of concurrency. Within fifteen (15) days receipt of a statement from the utilities department, engineering department, and Palm Beach County Engineer, as required, the planning director shall review that statements and the application, and determine whether the application complies with the requirements of Sections 5 and 6. For development orders, certification of concurrency shall be issued only if the development order is conditioned upon development permits not being issued unless the conditions set forth in Section 6 are met. If the application complies with the above requirements for all public facilities, the planning director shall issue a certification of concurrency. The certification of concurrency shall specify the public facilities which are to be constructed, timing of construction, and responsibility for construction. If de planning director determines that the application fails to meet the requirements of this subsection, the applicant shall be notified of such deficiency, and the planning director shall determine whether a conditional certification of concurrency may be issued. d. Conditional certification of concurrency. If a certification of concurrency carmot be issued for any particular public facility then the development order or permit may be issued a certification of conditional concurrency, if there is reasonable likelihood that the necessary public facilities would be provided by the developer, a government agency or by others. The conditional certification of concurrency shall specify the public facilities which would be necessary to serve development project, in order to maintain the adopted levels of service. The conditional certification of concurrency shall also specify timing of construction, and responsibility for construction for these public facilities. Sec, 10. Exemptions. A. General rules concerning exemptions: 1. "Exemption" or "Exempt" shall mean that neither the city nor the applicant shall be required to demonstrate that the particular development order Planaiag aud Devdopment Generally 17 or permit complies with the concurrency requirements set forth in Sections :5 and 6 would be met, that certification of concurrency or conditional certification pursuant to Section 9 shall not be required as a condition of the approval or continued validity of the development order or permit, and that concurrency certification shall not be required in order for the development project to proceed, provided that the conditions set forth in subsection 2 below are met. development order or permit, including expiration dates. 7. The expiration of exemPtions shall be timed from the date of the most recent approval, time extension, revision, modification, or amendment of the particular development order or permit which was granted prior to the effective date, or which was submitted prior to the effective date and subsequently approved. 2. A development order or permit shall continue to be exempt and may proceed to the next stage of the development approval and permitting procedure for as long as de~,elopment proceeds or is completed in good faith as defined by the expiration criteria set forth in Section 4. 8. An exemption shall not be construed to relieve any other lawful requirements related to provision of public facilities, or to nullify conditions of approval of the development order or permit which are related to the provision of public facilities or other improvements. 3. "Effective date" with respect to exemptions shall mean February 1, 1990, with respect to concun'_ency requirements for roads, and shall mean .lune 1, 1990, with respect to concurrency requirements for all other public facilities. 4. Substantially complete applications for developmem orders or permits which were submitted to the city prior to the effective date shall have the same exemption status as development orders or permits which were approved prior to the effective date. The determination of whether an application is substantially complete shall be solely within the judgement of the appropriate city department, agency, official, or employee to which the application is submitted, except that the city manager may review any such determination and substitute his own determination. :5. Development orders or permits, other than those which are listed in Section 10.B, and which create demand for public facilities, may be determined to be exemPt if an appeal is fried and granted in accordance with Section 14. The development order or permit in question shall be similar in nature to one of the categories of development orders or permits which is exempt. 6. Development orders or permits which are accessory to an exempt development order or permit set forth shall be construed to be exempt in accordance with the rules that apply to the principal B. Exempt development orders and permits: '1. All development orders and permits and only those which are listed as "A" category development orders or permits in Section 4 shall be exempt from concurrency requirements set forth in Sections :5 and 6, with respect to maintaining adopted levels of service for potable water, sanitary sewer, solid waste, recreation and district parks facilities. 2. All development orders and permits and only those which are listed as "A", "B" or category development orders or permits in Section shall be. exempt from the concurrency requirements set forth in Sections :5 and 6, with respect to maintaining adopted levels of service for drainage, road and neighborhood parks facilities. C. Exemption rules which are specific to particular types of public facilities: The following rules shall apply to exempt development orders and permits, with respect to particular types of public facilities: 1. Potable water facilities. The exemption rules set forth in this section shall also apply where a determination of exemption is required of or requested from the city for development projects located outside the corporate limits of the City of Boynton Beach but are located within the city's water service area. The type of development order or permit issued by the City of Boynton Beach which is 18 Boynton Beach Code most similar to the type of development order or permit issued by the other local government shall be used in such cases to determine the exemption category and status. 2. Sanitary sewer facilities. The exemption rules set forth in this section shall also apply where a determination of exemption is required of or requested from the city for projects located outside the corporate limits of the City of Boynton Beach, but are located within the city's sewer service area. The type of' development order or permit issued by the City of Boynton Beach which is most similar to the type of development order or permit issued by the other local government shall be used in such cases to determine the exemption category and stares. 3. Drainage facilities. Exemption of a development order or permit from the concurrency requirements set forth in this article shall not relieve the obligation of applicant for development order or permit to obtain necessary permits or other approyals from Lake Worth Drainage District, South Florida Water Management District or the city, and to comply with applicable laws, policies and permit conditions which are administered by these agencies. Furthermore, all exempt development orders or permits shall be subject to any permits or approvals, and conditions attached thereto, which were issued for the particular development order or permit'by the South Florida Water Management District, Lake Worth Drainage District ot city. 4. Solid waste facilities. Reserved.. 5. ' Recreation facilities. For development projects which are ex~npt, no existing private recreation facilities shall be reduced in size or number below the levels of service which are set forth in Section 5, exc~t in accordance with Sections 14 or 15. 6. District park facilities. Reserved. 7. Neighborhood park facilities. a. For exempt development projects. For development projects which are exempt, no existing private recreation or park areas shall be reduced in size such that the level of service would be reduced below that which is set forth in Section 5, except by an appeal granted in accordance with Sections 14 or 15. · - b. For annexed development projects, For development projects which were approved in Palm Beach County and subsequently annexed, and which are exempt, no existing private recreation or park areas shall be reduced in size such that the level of service would be reduced below that which is set forth in Section 5, except by an appeal granted in accordance with Sections 14 or 15. 8. Roads. a. All "A", "B" and "C" category projects shall be exempt, and shall be construed to be projects with "previous approval" in accordance with the Palm Beach .County Wide Traffic Performance Standards Ordinance. . b. All exempt development orders and permits shall be required to provide traffic improvements in accordance with the conditions of the approval of the development order or permit. c. All complete applications for development orders or permits which were received after November 7, 1989 and before February l, I990, and which included an application for rezonin8 shall be required to comply with the provisions of Chapter 2, Section 9.C.4.h.(5) of the City of Boynton Beach Land Development Regulations, except that the levels of service for roadway links shall be those which were set forth in the city's comprehensive plan during this time period. Sec. 11. Concurrency reyiew board. A. Reserved. B. Reserved. C. Concurrency review board. A concurrency review board is hereby established, which shall consist of the utilities director, the recreation and parks director, the public works director, the planning director and the director of development; or their duly Plazmi~ and Development Generally 19 authorized repreSentatives. The city manager may include himself and/or the city attorney on this board, at the discretion of the city manager, either permanently or for the purpose of reviewing particular applications. A quorum of this board shall consist of three (3) members, and all actions by the board shall be by simple majority vote, unless.the votes are evenly split, in which case, the vote of the board shall simply be transmitted to the planning and development board. The concurrency review board or its members may consult with the city attorney, city manager and any other government officer or agency involved with the provision or regulation of public facilities, as well as the state land planning agency and the regional planning council, with respect to any matter which is to be considered by the board. D. Ail actions by the concurrency review board, city manager, planning and development board. and City Commission with respect to an appeal shall be based upon applicable provisions of Florida law, the city's comprehensive plan, other applicable provisions of the city's Land Development Regulations, the provisions of this article, the plans, programs, and regulations of those agencies which provide or regulate public facilities, accepted engineering principals, and applicable criteria set forth in Sections 13 or 14. E. Reserved. F. The concurrency review board shall review each appeal with respect to the criteria set forth in Section 11 .D, and shall forward its recommendation as well as the vote of each of its members to the planning and development board, and shall notify city manager of its recommendations. Any action by the concurrency review board may be appealed as outlined in Chapter 1, Article VII, Section 2. G. Duties. 1. Hear and decide appeals of administrative decisions or determinations denying certificate of concurrency and/or a conditional certificate of concurrency. 2. Hear and decide appeals for time extensions to a certificate of concurrency or conditional certificate of concurrency. 3. Hear and decide appeals when a determination is made that a particular development order or permit is not exempt from concurrency requirements. (Ord. No. 96-50, § 3, 1-21-97) Sec. 12. Reserved. Sec. 13. Reserved. Sec. 14. Certification of concurrency or exemption upon request. Any property owner, contract purchaser, developer or prospective developer, or their agent, may, with the written consent of the property owner, request the planning department to certify that the development order or permit for the property is exempt from the concurrency requirements', or is not exempt but otherwise complies with such requirements, with the following exceptions: A. Any development order or permit has been issued or is contemplated for a single-family or duplex lot located within a subdivision plat which was recorded prior to January 13, 1978; and B. Any development order or permit which has been issued or which is contemplated on property lying within any recorded subdivision plat for which the on-site water, sewer, paving and drainage improvements have been accepted by the city, or the twenty-one-month time limit for the completion of ' such improvements has not expired; and C. Any structure which has received a certificate of occupancy or is otherwise lawfully occupied; and D. Any site plan or conditional use for which less than one year has passed since the approval date of same; and 1997 S-5 20 Boynton Beach Code E. Any property, use of property, or structure for which a development order or permit has not been issued or applied for. For the development orders and permits listed under subsections A through E above the plan.~ng department shall not be required to provide a written .- exemption determination, or is not exempt but otherwise complies with the city's concurrency requirements. Sec. 15. Reserved. 1997 S-5 Chapter 2 ZONING Sec. 1. Definitions of terms. Sec. 2. Scope and authority of the zoning regulations, Sec. 3. Regulations and map. Sec. 4. General provisions. Sec. 5. Residential district regulations and use provisions. Sec. 6. Commercial district regulations and use provisions. Sec. 7. Planned industrial development district. Sec. 8. M-1 industrial district regulations and use provisions. Sec. 9. Administration and enforcement. Sec. 10. Reserved Sec. 11. Supplemental regulations, Sec. 11.1.Nonconforming uses and structures. Sec. 11.2.Conditional uses. Sec. 11.3.Environmental review permits. Sec. 12. Interpretation and purpose. Sec. 13. Existing bulkhead line ratified and confirmed. Sec. 14. Bulkhead line; permit required for land filling. Sec. 15. Conflict of interest. Sec. 16. Bed and breakfast Sec. 1. Def'mitions of terms. GENERAL DEFINITIONS. All words used in the present tense shall include the future tense; All words in the singular number shall include the plural number; and all words in the plural number shall include the singular number urdess the natural construction indicates otherwise; the words "used for" shall include the meaning "designed for," the word structure shall include the word "building," the word "lot" shall include the words "plot and tract," and the word "shall" is mandatory. Sec. 2. Scope and authority of the zoning regulations A. SCOPE. This zoning regulation is a comprehensive zoning regulation for the City of Boynton Beach, Florida; dividing the city into districts and establishing the boundaries thereof; regulating and restricting the erection, construction, reconstruction, alteration, repair, or use of buildings, structures or land or water; regulating and restricting the height, number of stories, and size of buildings and other structures; regulating and restricting the percentage of lots that may be occupied; regulating and restricting the size of yards, courts, and other open spaces; regulating and restricting the density of population; regulating and restricting the location or use of buildings, structures, and land and water for trade, industry, residence, agriculture, and other purposes; defining certain terms herein used; providing for the administration, enforcement and amendment of this regulation; establishing and defining the powers and duties of the planning and development board; establishing and defining the powers and du. ties of the board of adjustment; setting penalties for violation of this zoning regulation and authorizing resort to other remedies to prevent or abate violation; p~:oviding that this zoning regulation shall supersede any previous zoning ordinance or resolution; and for other purposes. B. AUTHORITY. Pursuant to the provision of the charier of the City of Boynton Beach, Florida, the City Commission of the City of Boynton Beach, Florida, has adopted and hereby declares the intent to utilize the "Official Zoning Regulations" (together with the official zoning map) for the betterment of the city as so entrusted to them. Sec. 3. Regulations and map. This set of regulations together with the official zoning map with explanatory matter thereon, shall be known, used and may be cited as the "Official Zoning Regulations of the City of Boynton Beach, Florida, Palm Beach County." A. OFFICIAL ZONING MAP. 1. Adoption. The district boundaries hereinafter set forth and delineated on the official zoning map, including all explanatory matter thereon, 1999 S-10 1 2 Boynton Beach Code is hereby adopted. The official' zoning map shall be identified by the signature of the mayor, attested by the city clerk, dated, and bearing the seal of the city, certifying it as part of the official zoning regulations. 2. Replacement. If the official zoning map needs to be replaced, the City Commission may by ordinance adopt a new official zoning map which supersedes the prior official zoning map. 3. 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-l-AAA R-1-AAB R-I-AA R-i-A R-1 R-2 R-3 C-1 C-2 C-3 C-4 CBD PUD PCD PID M-1 PU REC AG Single-family residential district Single-family residential district Single-family residential district Single-family residential district Single-family residential district Single- and two-family residential district Multiple-family residential district Office and professional district Neighborhood commercial district Community commercial district General commercial district Central business district Planned unit development district Planned commercial development district Planned industrial development district Industrial district Public usage district Recreation Agriculture 4. Changes in district boundaries. In accordance with the provisions of these official zoning regulations, applicable provisions of the charter of the City of Boynton Beach, and applicable provisions of Chapter 163 of Florida Statutes, changes may be made in district boundaries or other matter portrayed on the official zoning map by action of the City Commission of Boynton Beach. Within thirty (30) days after the passage and the receipt of a 1998 S-7 Repl. properly attested copy of a change or an amendment by ordinance, the planning director or development director shall make the proper change on the official zoning map and shall keep on file the copy of the change and make same available for reference for the general public. 5. Rules for interpretation of district' boundaries. a. Extent of district boundaries: The zoning within any district ex/ends throughout the entire area of the district unless otherwise specifically provided. b. Boundary locations: District boundaries follow lot lines, centerlines of right-of- ways of streets, alleys, railroads, canals, lakes, the corporate limits as they exist at the time of this document, or other geographical or topographical features. ~' In unsubdivided property, unless dimensioned, lines shall be .determined by the use of the scale on the map. c. Boundaries following waterway shorelines. District boundaries will follow changes ir/ shorelines, except where such interpretation would change the zoning classification of a lot or parcel, and in each case, the interpretation shall avoid changing the zoning of any lot or parcel. Submerged lands shall assume the regulations of the district adjacent as the district shall be construed to extend into the water area in a straight projection until met centerwise by other districts. d. Boundaries concerning abandon- ment. If the boundaries are not changed, the zoning of the property abutting shall extend into and to the centerline or to such ownership line as can:be deter- mined of the property abandoned. e. Boundaries and zoning. Boundaries and zoning of all lands annexed into the city shall be determined at the time of annexation. f. Boundary variations. Where there are variations or where the actual location on the ground differs from the mapped location, the Zoning 3 interpretation shall be to avoid changing the stares of any lot or parcel, or the interpretation shall be made by the planning director and/or the planning and development board and'City Commission as to the intent and purpose of these official zoning regulations. e. Public street frontage. Each shall be erected on a lot which abuts or has access to a public or private street, road or easement for ingress or egress. Such access shall be of adequate width to suite the use of the property and shall meet the requirements of the city. g. Division of a lot of record. If a division of a lot of record makes impractical the reasonable use of land, the extension of either portion may be permitted as an exception beyond a district line to a determined extent or into the remaining portion of a lot upon approval by the planning and development board and the City Commission. 6. Application of district regulations. The regulations set by the zoning regulations within each district shall be minimum or maximum limitations, as appropriate to the case, and shall apply uniformly to each class or kind of structure, use, or land or water except as hereinafter provided: a. Use. No building or structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered except in conformity with the regulations herein specified for the district in which it is located. b. Height and density. No building shall hereafter be erected, constructed, reconstructed or altered to exceed the requirements of the defined zones. c. Yards and other spaces. No part of a yard or other space or the off-street parking or loading space required about any building for the purpose of complying with the provisions of this ordinance shall be included as part of the yard or off- street parking or loading space required for another building. d. Limitation on number of principal buildings on lots in residential areas. Except as hereinafter provided, only one (1) principal residential building, and its customary accessory buildings, except for multi-family buildings and cluster development, may hereafter be erected on any lot. 7. Application of zoning regulations and adopted plans or design guidelines. Where the adopted comprehensive plan for the city, adopted plans for the development or redevelopment of particular areas of the city or adopted design guidelines include policies which impose limitations or requirements on the use or development of property generally or for specific properties, which are more restrictive than those set forth in these zoning regulations, including district regulations and use provisions, including policies which limit the type or intensity of use of property, residential densities, or the height, setbacks, bulk, or design of structures, or site design, the more restrictive limitations or requirements set forth in such adopted guidelines or plans shall supersede the provisions of these zoning regulations. 8. Application of zoning regulations and other regulations. Where other use or development regulations are more restrictive than those set forth in these zoning regulations, or in the case of conflict between specific provisions contained in these zoning regulations, including regulations which limit the type or intensity of use of property, residential densities, the height, setbacks, bulk, or that regulate site design, the more restrictive regulations shall apply. Sec. 4. General provisions, A. ONE PRINCIPAL BUILDING PER LOT. Within single-family residential districts only one (1) principal building and its accessory building shall occupy or be constructed upon any lot or lots or portions of lots that may be combined to meet the size required for each district. B. ACCESSORY BUILDINGS. Accessory buildings in residential districts shall be constructed to conform with the minimum building and site regulations that are generally applicable in the district 4 Boynton Beach Code where the building is to be located, provided, however: 1. All acceSSory b'aildings shall be located only in the side or rear yard at least twelve (12) feet from the principal building; and 2. Detached storage structures of any type construction not exceeding one hundred (100) square feet in floor area and seven (7) feet in height may be erected to a point at least three (3) feet from the side property line and/or at least three (3) feet from the rear property line providing no easement rights are abridged. and their necessary mechanical appurtenances may be erected within a structure or on top of the structure, above the district height limitations provided herein, after obtaining approval of the City Commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below. 3. In considering an application for exception to the district height regulation, .the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to the following standards, where applicable: C. BUILDING FRONTAGE. Every principal building shall be located on a lot or a publicly dedicated, accepted and maintained street or private street which conforms to accepted street standards of this city. D. THROUGH LOTS (DOUBLE FRONTAGE). On through lots, the required from yard shall be provided on each street. a. Whether the height exception will have an adverse effect on the existing and proposed land uses. necessary. b. Whether the height exception is c. Whether the height exception will severely reduce light and air in adjacent areas. E. VISUAL OBSTRUCTIONS. No fence, sign, planting, hedge, shrubbery, wall or other visual obstruction shall be created or maintained with a height greater than two feet six inches above the street level, within twenty-five (25) feet of the intersection of the right-of-way lines of two (2) streets, in any zone, except that open chain-link type fences may be a maximum of four (4) feet and kept visually clear. F. HEIGHT LIMITATIONS AND EXCEPTIONS I. No portion of any structure intended to be utilized for residential, commercial or industrial purposes within the municipal limits of the City of Boynton Beach, Florida, shall exceed the height of forty-five (45) feet above the minimum finished floor as required by the building code, except as noted below. 2. Water, cooling and fire towers, radio and television towers of commercial nature, church spires, domes, cupolas,' flagpoles, electrical and mechanical support systems, and similar structures, d. Whether the height exception will be a deterrent to the improvement or development of adjacent property in accord with existing regulations. e. Whether the height exception will adversely affect property values in adjacent areas. f. Whether the height exception will adversely influence living conditions in the neighborhood. g. Whether the height exception will constitute a grant of a special privilege to an individual owner as contrasted with the public welfare. ho been presented exception. Whether sufficient evidence has to justify the need for a height i. The City Commission may, in connection with processing of application for exception hereunder, refer same to the planning and development board for recommendation. 1999 S-11 Zoning 5 4. In residential zones, freestanding television and citizens' band broadcasting antennae may not exceed twenty-five (25) feet in height, and no freestanding anterm:~' may be constructed within the building setback lines. Roof-mounted or wall- supported antennae may exceed the maximum district height regulation by ten (10) feet; but in no instance, may an antennae exceed the roof line height by more than fifteen (15) feet. a. With respect to private community antenna systems as defined in this code, the aforesaid twenty-five (25) feet height regulation shall not apply. In the instance of private community amenna systems, a receiving antenna may not exceed forty- five (45)feet in height unless an exception is granted by the City Commission, and no part of any receiving antenna may encroach in any setback. 5. In residential zones, freestanding transmitting antennae are subject to the following limitations: a. No freestanding base tower and antenna shall exceed forty-five (45) feet in height. b. No freestanding base tower with or without an antenna shall be constructed within the building setback lines. c. No freestanding base tower shall be constructed without having first secured a permit from the city development director. Roof-mounted transmitting antennae shall not exceed the roof line heiglit by more than twenty (20) feet. 6. An application fee shall be payable to the city as adopted by resolution of the City Commission. 7. Notwithstanding any other provision of the Land Development Regulations, including the provisions of this section, telecommunication towers shall only be permitted as a conditional use in the PU Public Usage District and REC Recreation District. G. CUL-DE-SAC. The allowed frontage of a lot when shaped by a cul-de-sac or the frontage of any other irregular shaped lot, shall be measured at the setback or building line, and shall be not less than seventy-five percent (75%) of the required lot fromage in the applicable zoning district. H. TEMPORARY BUILDINGS. Temporary buildings such as models, offices and tool sheds used in conjunction with construction work only, may be permitted in any district after approval of the buildinginspection department and the removal of which is accomplished within thirty (30) days after construction ceases or is completed. I. PUBLIC BUILDINGS. All buildings and properties city owned and operated and engaged in the performance of a public function may be permitted in any district as defined herein. J. OTHER STRUCTURES. To further clarify the definition of structure as applied to all-districts and boundaries, the following shall apply except that corner lots shall be regulated by other parts of this ordinance. The following structures shall be permitted in front, rear or side setbacks as provided in this ordinance, in any zone, except where so noted; taking into consideration existing easements: 1~. Fences, hedges and walls shall not exceed six (6) feet in height, above finished grade, in residential zones, except that from the building line to the front line the maximum height shall be four (4) feet. Hedges situated adjacent to golf courses, golf driving ranges, 'interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in height, above finished grade. When walls or fences are constructed as a part of a subdivision or site plan approval adjacent to a public right-of-way, consistent with this section, a setback of a minimum of eighteen (18) inches must be maintained for landscaping purposes. 2. Fences, hedges and walls in other zones shall not exceed six (6) feet in height, above finished grade except in PID and M-1 zones, chain link fences shall be allowed to eight feet height and may be top- ped by not more than three strands of barbed wire. Hedges situated adjacent to golf courses, golf driving 1999 S-II 6 Boynton Beach Code ranges, interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in height, above finished grade. 3. Eaves, cornices, gutters, facia boards, copings, soffits, downspouts, belt courses, window sills, window and/or door trim, applied finish materials, roof and/or equipment vents, sillcocks, fire hose connections, meters, sand boxes, light fixtures, hardware, shutters, bay windows, dripcaps, telephone and cable boxes, electrical risers and outlets, window boxes, thermometers, handrails, condensate drains, shower heads and ornamental architectural features shall not overhang or exceed the setback lines for more than three (3) feet. 4. Rock gardens. 5. Fish or lily ponds, eighteen-inch maximum depth. 6. Private pump housing, and pool/spa equipmem, not to exceed three (3) feet in height and not installed in front yards. 7. Arbors and trellises, provided that there shall be maintained a minimum three (3) foot setback from property line. In addition, there shall be a maximum height of ten (10) feet. A greater height will be allowed if the trellis is an extension of an eave/facia. 8. Permanent or retractable awnings, canopies, storm shutters, marquees or covered walkways projecting from a building wall over a required yard setback not more than two and one-half (2'/2) feet, and having no supports other than provided by the wall or its integral part. 9. Chimneys projecting not more than three (3) feet into the required yard setback. 10. Fire escapes or unenclosed staircases, the riser of which shall be at least fifty (50) percent open, provided that the vertical projection downward onto a required yard setback shall not project more than five (5) feei' into, and shall not exceed ten (10) percent of, the area of the required yard setback. 11. Flagpoles having only one structural ground member. Flags projecting off of a structure shall not extend beyond the setback line for more than three feet and in no case shall extend beyond the property line. 12. Fountains; provided that nonportable fountains shall not exceed nine (9) feet in height, shall be setback three (3) feet from side and rear property lines and shall occupy no more than 100 squar~ feet. 13. Heating, ventilation and air conditioning units (including compressors and condensers) for single-family or duplex dwellings, provided the exhaust air from such units is directed vertically or away from the adjacent property line. Heating, ventilation and air conditioning units and intake and exhaust fans for nonresidential uses shall be set back a minimum of five (5) feet from property line. 14. Mailboxes and newspaper boxes. 15. Open terraces, including walkways, unenclosed decks and slabs, natural plant landscaping and docks, with or without canopy. Docks projecting into waterway owned by a different property owner than the owner of the dock shall require prior approval at time of permitting from the owner of the waterway. In addition, the dock shall not extend further into the waterway than 1/3 of the width of the waterway. 16. Open, uncovered stoops, steps and platforms for the principal building', but not to exceed three (3) feet in height. 17. Recreational equipment (of the type not requiring a permit) in the rear yard setback in residential districts. 18. Sculpture or other similar objects of art, provided they meet the same requirements above for fountains. 19. Signs, subject to the provisions of the sign code. 20. Trees, shrubbery or other ob.iects of natural growth. 1999 S-il 21. Wells. 22. Utility, cable and telephone transmission lines and associated structures, such as poles. 23. Basketball goals, provided there is a minimum three (3) foot setback from the rear and side interior property lines and a minimum fifteen (15) foot setback from front and side street property lines. 24. Light poles having only one (1) structural ground member and portable landscape lighting. 25. Barbecue pits not to exceed six (6) feet by six (6) feet and provided they are set back three (3) feet from side and rear property lines. 26. Raised planters, provided they are set back three (3) feet from side and rear property lines and shall have a maximum height of six (6) feet. All other structures similar to the above shall require applications to the development director. (Ord. No. 96-01, § 1, 1-16-96; Ord. No. 96-29, § 1, 5-7-96; Ord. No. 96-32, § I, 8-8-96) K. REQUIRED SQUARE FOOTAGE. Residential square footage shall be computed as follows: Screen rooms .................... 10% Attached carports, roofed over open porches ..................... 25% Attached garages, roofed over screened porches and utility rooms .......... 50% All other area under roof ............ 100% Accessory building shall' not be counted as required living area. L. BUFFER WALLS. For new construction or major modification to existing developments, where a commercial and/or industrial district abuts a Zoning 6A residential district, a solid, stucco masonry wall painted on both sides at least six (6) feet in height shall be located within the required side and/or rear yards except with respect to comer lots, said buffer walls shall be required only on interior lot lines. Said buffer walls shall not abridge any easement rights or be constructed over any existing utilities in any easement area and shall be setback two (2) feet from adjoining property lines. With respect to the C-1 (Office and Commercial Professional District), the solid masonry wall may be replaced with a dense vegetative buffer of at least two (2) feet in height at the time of planting. Said vegetative buffer to be maintained by the project developer. Construction of said decorative masonry wall or planting of said vegetative buffer shall be completed prior to issuance of the Certificate of occupancy for the building or buildings sought to be built in connection therewith. M. SATELLITE DISH ANTENNAE. For the purpose of clarifying regulations, satellite, dish antennae are hereby classified into two groups. Group A antennae are those that will fit within a one meter cube. Group B antennae are those that will not fit within a one meter cube. All antennae in both groups are allowed in all zoning districts, subject to the following criteria: a. General provisions: (1) No satellite dish antenna shall be installed or modified without first obtaining a permi. 't from the development department. (2) All applications for the installation of Group B satellite dish antennae shall be accompanied by proper certification that the installation will withstand a Category 2 hurricane and is adequately grounded for protection from a direct lightning strike. (3) Satellite dish antennae shall not be located forward of the front of any building, in any required side yard, or within eight (8) feet of the rear property line. 1999 S-! 1 6B Boynton Beach Code (4) All Group B satellite dish antennae shall be screened on three (3) sides with landscape materials or walls with landscaping which are of a height equivalent- t~' the total height of the mounted satellite dish. (5) For all Group B antennas lot size must comply with zoning regulations. (6) Portable Group B satellite dish antennae are not allowed. (7) No exterior satellite dish antenna may be used for display or advertising purposes, and none shall have writing thereon which is visible from a public right-of-way or residential district. (8) Satellite dish antennae shall conform with provisions of Chapter 20, Buildings, Housing and Construction Regulations, of the Boynton Beach Land Development Regulations, the Standard Building Code and the amendments thereto as adopted by the city provided such provisions do not conflict with any standards set forth in this section, in which case this section shall control. b. Special provision: (1) Satellite dish antennae installed to serve single-family or duplex homes must also comply with the following requirements: (a) Only one (1) non- commercial satellite dish antenna will be permitted for each residential dwelling unit. 1999 S-1 l Zonin~ 7 (b) Gropu B satellite dish antennae shall be freestanding, ground mounted, and self supporting without structural connections to any other structure or building. (c) No part of any satellite dish antenna installation may extend beyond the height of the horizontal cave line of the uppermost floor of any single-family or duplex home. (2) Satellite dish antennae installed to serve any use other than single-family or duplex homes must also comply with the following requirements: a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or rights-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, glare, heat or humidity; radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried out so as to create any nuisance or hazard which is violation of any applicable federal, state, county, or city law or permit, and all such laws and permits are hereby adopted as performance standards in these zoning regulations. (a) Chapter 4 of the Land Development Regulations. (b) Only one (1) Group B satellite dish antenna may be located in a multifamily complex and it may not be located on a roof. Nothing in this provision shall be construed to alter or impair any rights, authority, or restrictions imposed by deed or under the rightful authority of any homeowners' association. (c) A Group B satellite dish antenna installed in commercial and industrial zoning districts may not be located on a roof so that the dish is visible from a public right-of-way or residential district, except as stipulated in 1.a.(4) hereinbefore. (d) Group B satellite dish antennae which are mounted on a tower and used for communication in connection with the operation of a business shall provide reasonable screening and shall be subject to conditional use approval. (3) Satellite dish antennae properly permitted prior to April 4, 1995 may remain in place notwithstanding provisions stipulated herein but they may not be replaced, reconstructed or modified without bringing the entire installation into full compliance with this section. N. PERFORMANCE STANDARDS. All uses located within the city shall conform to the performance standards set forth below, and shall be constructed, maintained and operated so as not to be 1. Noise. No use shall be carried out in any zoning district so as to'create sound which is in violation of Section 15=8 of the City of Boynton Beach Code of Ordinances. 2. Vibrations. No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. 3. Smoke, dust, dirt, or other particulate matter. No use shall be carried out within any zoning district so as to allow the emission of smoke, dust, dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use is located. Furthermore, no use shall be carried out so as to allow the emission of any substances in violation of any federal, state, county or city laWs or permits governing the emission of such substances. 4. Odors and fumes. No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any poim at or beyond the boundary of industrial districts. For all nonindustrial districts, the standards contained in this paragraph shall apply where the 1997 S-5 8 Boynton Beach Code district abuts any residential district. 5. Toxic or noxiom matter. No use~shall be carried out in any zoning district so as to allow the discharge of any toxic or-noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. 6. Fire and explosion hazards. No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any persons or property thereon. Furthermore, the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. 7. Heat, humidity, or glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily perceptible at any poim at or beyond the property line of the property on which the use is located. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according to these zoning regulations, so as not to create a nuisance to such residential uses. 8. Liquid waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, state or county laws or permits, 9. Solid waste. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinance, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. 10. Electromagnetic interference. No use shall be carried out in any zoning district so as to create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. 11. HaTardous materials and b~7~rdous waste. a. Prior to th~ issuance of an occupational license in the city, the operator of any use that uses, handles, stores or displays b,~ardous materials or that generates hazardous waste, as defined in 40 Code of Federal Regulations, Pan 261, and requires a permit for same from a state or federal agency, or requires periodic reporting to a state-or federal agency, shall be required to obtain a permit in accordance with Section 11.3, Environmental Review Permits. b. The operator of any such use shall be required to design and construct, prior to occupancy, an appropriate separate spill containment system to hold spilled hazardous materials for cleanup, independent from the storm water drainage system, along with an appropriate early warning. monitoring program. The containment system and monitoring program shall be a type which is generally acceptable to the Florida Department of Environmental Regulation and the South Florida Water Management District, and shall serve all structures or areas where hazardous materials are used, handled, stored or displayed, or where . hazardous wastes are generated. c. Depressed truck wells which are utilized by users of hazardous materials and generators of hazardous waste shall provide a drainage system which shall be designed and maintained to include oil and grease receptors, and open bottom sedimentation pumps as pollutant retardant structures. Such systems shall be designed so as to prevent pollutants from entering surface Zoning 9 waters and groundwater. Parking areas and driveways adjacent to truck wells shall be designed to divert runoff to storage and exfiltrations systems on- site, prior to discharge-imo surface waters or storm sewers. part of the information required for permitting by or reporting to governmental agencies responsible for regulating hazardous materials or hazardous wastes, this information shall be considered sufficient for the purpose of this section. d. Users of hazardous materials and generators of hazardous waste shall develop hazardous materials response plans prior to the operation of such uses, which shall require the approval of the environmental review committee. This plan shall identify appropriate measures for contamination response including, but not limited to,: (1) Provision of equipment and trained personnel on-site or a contract with a contamination response firm meeting Florida Department of Environmental Regulation standards, where appropriate; (2) Specification Of follow-up water quality monitoring programs to be implemented in the event of contamination; (3) Specification of design and operational measures to contain and direct contaminated surface runoff away from lakes, ponds, canals, drainage structures and/or other connections to the surficial aquifer; (4) Specifications for the development and implementation of an early warning monitoring program; (5) Proof of financial responsibility which will assure that cleanup costs can be provided; (6) A copy of the permit issued by or application for permit to the governmental agency or agencies responsible for permitting the handling, storage, display, or generation of the particular hazardous materials or hazardous wastes. Where only periodic reports are required to be supplied to such agencies, copies of these reports shall be provided to the environmental review committee; (7) Where the information required under (1) through (6) above is required as 1998 S-9 O. ELECTRIC SUBSTATIONS, SWITCHING STATIONS AND UTILITY FACILITIES. Electric substations, switching stations and utility facilities are allowable in all land use categories and zoning districts subject to full site plan review as described in Chapter 4 and subject to screening on all sides with walls or acceptable landscaping as described in Chapter 9, Section 10, paragraph C4. (Ord. No. 96-51, § 1, 1-21-97; Ord. No. 96-66, § l, I-7-97; Ord. No. 99-24, § 2, 9-7-99) Sec. 5. Residential district regulations and use provisions. A. R-l-AAA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create the lowest population density of not more than 3.48 dwelling units per acre. 1. Uses permitted. Within any R-l-AAA single-family residential district, no building, structure, land or water shall be used except for one of the following uses: a. Single-family dwellings including the garages and other customary accessory buildings. Carports are not allowed. Disaster shelters are permitted. The shelters are to be used only for the designated purpose in times of danger. b. Churches and other places of worship with their attendant accessory uses, including daycare and pre-school facilities*, providing for a minimum site of one acre with a minimum of one hundred fifty (150) foot frontage. Nursery schools, primary and secondary schools and colleges and universities are not to be construed to be an accessory use to a place of worship by these regulations. c. City-owned and -operated facilities. d. Private golf courses and associated clubhouse facilities including private bath, 10 Boynton Beach Code swim, tennis or country clubs and community or city owned and operated recreation clubs and associations, specifically excluding driving ranges or tees, miniature courses and similar uses operated as separate ventures from the primary use or uses. e. Primary and secondary schools, seminaries, colleges and universities.* Section 1-21-97) 3. Off-street parking. As provided in l l-H hereinafter. (Ord. No. 96-51, § 2, B. R-1-AAB SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create a maximum density of 4.84 dwelling units per acre. f. Home occupations conforming with Section 11.D hereinafter. g. Community residential homes with six or fewer residents as defined in Florida Statutes Chapter 419. h. Nursery schools, day care centers and other preschool facilities. 1. Uses permitted. Within an R-1-AAB single-family residential district, no building, structure, land or water shall be used except for one of the following uses: district. a. Any use permitted in the R-l-AAA 2. Building and site regulations: lA. Conditional uses allowed. Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section 11.2 hereinafter. 2. Building and site regulations: a. The following lot and building setback requirements shall be observed: Minimum lot area 12,500 square feet Minimum lot frontage 100 feet Minimum front yard 30 feet Minimum rear yard 35 feet Minimum side yards 30 feet each side Minimum living area 2,200 square feet Maximum lot coverage 35 percent Maximum structure height 30 feet b. On comer lots adjacent to the street, the side yard setback shall be not less than one-half (1/2) the front yard requirement, except where the comer lot faces a different street than the remaining lots in the block, then the front setback shall be maintained on both streets. c. Community residential home~ shall not be located within a radius of 1,000 feet of another existing similar facility. a. The folloWing lot and building setback requirements shall be observed: Minimum lot area 9,000 square feet Minimum lot frontage 90 feet Minimum front yard 25 feet Minimum rear yard 25 feet Minimum side yards 10 feet each side Minimum living area 1,800 square feet Maximum lot coverage 35 percent Maximum structure height 30 feet b. On comer lots, the side yard setback adjacent to the street shall be not less than one-half (1/2) the front yard setback except where the comer lot faces a different street than the remaining lots in the block, the front setback shall then be maintained on both streets. 3. Off-street parking. As provided in Section 11-H hereinafter. C. R- 1 -AA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create a maximum density of 5.4 dwelling units per acre. 1. Use permitted. Within any R-I-AA single-family residential district, no building, structure, land or water shall be used except for one of the following uses: 1999 S-11 Zoning 11 a. Any use permitted in the R-l-AAA or R-1-AAB districts. 2. Building"~md site regulations: a. The following lot and building requirements shall be observed: Minimum lot area Mimmum lot frontage Minimum front yard Minimum rear yard Minimum side yard Minimum living area Maximum lot coverage Maximum structure height '8,000 square feet* 75 feet 25 feet 25 feet 10 feet each side* 1,500 square feet 35 percent 30 feet 'q~ffareas developed and/or platted prior to June 13, 1975, 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. b. On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback except where the corner 10t faces a different street than the remaining lots in the block, the front setback shall then be maintained on both streets. 3. Off street parking. As provided in Section 11-H hereinafter. D. R-1-A SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create a maximum density of 5.8 dwelling units per acre. 1. Uses permitted. Within any R-1-A single-family residential district, no building, structure, land or water shall be used except for one of the following uses: a. Any use permitted in the R-l-AAA, R-1-AAB, R-l-AA districts. 2. Building and site regulations: a. The following lot and building requirements shall be observed. Minimum lot area 7,500 square feet Minimum lot frontage 60 feet Minimum front yard 25 feet Minimum rear yard 25 feet Minimum side yard 7 1/2 feet each side Minimum living area 1,250 .square feet Maximum lot coverage 40 percent Maximum structure height 30 feet b. On comer lots the side yard setback adjacent to the street shall be not less than one-half (1/2) the front yard setback except where the corner lot faces a different street than the remaining lots in the block, the front setback shall then be maintained on both streets. 3. Off-street parking. As provided in Section 11-H hereinafter. E. R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create a maximum of 7.26 dwelling units per acre. 1. Uses permitted. Within any R-1 single- family residential district, no building, structure, land or water shall be used except for one of the following USES: a. Any use permitted in the R-I-AAA, R-1-AAB, R-l-AA or R-1-A district. 2. Building and site regulations. a. The following lot and building requirements shall be observed. Minimum lot area 6,000 square feet Minimum lot frontage 60 feet Minimum front yard 25 feet Minimum rear yard 25 feet Minimum side yards 7 1/2 feet Minimum living area 1,000 square feet Maximum lot coverage 40 percent Maximum structure height 30 feet 1999 S-11 12 Boynton Beach Code b. On comer lots, the side yard setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. Where the comer lot faces a different street than the remaining lots in the block, then the front setback shall be maintained on both streets. 3. Off-street parking. As provided in Section 11-H hereinafter. F. R-2 SINGLE- and TWO-FAMILY DWELLING DISTRICT. These district regulations will create a maximum density of 9.68 dwelling units per acre. It is the intent to accommodate a compatible development of higher density buildings with commonly called duplexes together with single- family dwellings but at no lower standards of quality. 1. Uses permitted. Within any R-2 single-or two-family dwelling district, no building, structure, land or water shall be used except for one of the following uses: R-l-AAA, districts. a. Any use permitted in 'the R-1-AAB, R-l-AA, R-1-A and R-1 b. Two-.family dwellings. c. Nursery schools, day care cemers and other preschool facilities* (see Section 1 i-C) lA. Conditional uses allowed. Those uses specified in subsection 5.F.1. above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with procedures set forth in Section 11.2 hereinafter. 2. Building and site regulations: a. The following lot and building requirements shall be observed: Minimum lot area Minimum lot frontage Minimum front yard 4,500 square feet per dwelling unit* 75 feet* 25 feet Minimum rear yard Minimum side yards Minimum living area Maximum lot coverage Maximum structure height 25 feet I0 feet each side 750 square feet per unit* 40 percent 25 feet, not to exceed 2 stories** *For single family, use R-I requirement. **The maximum height for single family structures is 30 feet b. On comer lots, the side yard setback adjacent to the street shall be not less than the remaining lots in the block, then the front setback shall be maintained on both streets. 3. Off-street parking. As provided in Section 11-H hereinafter. G. R-3 MULTIPLE-FAMILY DWELLING DISTRICT. These district regulations will create a maximum density of 10.8 dwelling units per acre. It is the intent of this district to provide a higher residential density which encourages vertical structures and flexibility in multiple-family living and that a certain amount of multiple-family dwelling is necessary and desirable and can complement certain areas if located appropriately and if properly designed. Therefore, factors to be considered are: The location and nature of the area. An area of substantial size to provide a buffering or graduation of uses to be considerate or to complement adjacent uses or districts. The proximity to large concentrations of activities such as business, employment, and other facilities and services. Sufficient and definitive traffic arteries to adequately service the area. Designs that provide light, are passage, water drainage, ingress and egress, parking and traffic circulation, open Space and on-site recreation, maintenance areas and community meeting provisions for the inhabitants. 1999 S-11 Zoning 13 1. Uses permitted. Within any R-3 multiple-family dwelling district, no building, structure, land or water shall be used except for one of the following uses: '-' a. Any use permitted in the R-l-AAA, R-1-AAB, R-l-AA, R-l-A, R-1 or R-2 districts. b. Multiple-family residential structures, including apartments, cooperatives· condominiums, town houses, and their attend_a~nt recreational facilities and having no commercial business connected therewith but can be equipped to serve meals to their occupants. organizations. * Private clubs, lodges and fraternal d. Golf courses, swimming and tennis clubs, and similar recreational facilities.* e. Rooming and boarding houses.* f. Community residential homes with up to 14 residents as defined in Florida Statutes Chapter 419.* lA. Conditional uses allowed. Those uses specified above which were followed by an asterisk (*) shall be deemed to be conditional uses, which may be. considered and granted in accordance with the procedures set forth in Section 11.2 hereinafter. 2. Building and site regulations: a. For multiple-family dwellings, rooming and boarding houses; and community residential homes: Maximum lot coverage Maximum structure height Minimum spacing between community residential homes 40 percent 45 feet, not to exceed 4 stories 1,200 feet (radius) b. Single-family dwellings shall conform with R-1 requirements (see Section 5, paragraph E-2). Duplex dwellings shall conform to R-2 requirements (see Section 5, paragraph F-2). c. All other permitted uses: Minimum lot area Minimum lot frontage Minimum front yard Minimum rear yard Minimum side yards Minimum living area Maximum lot coverage Maximum structure height 20,000 square feet 100 feet 40 feet 40 feet 20 feet each side As governed by applicable regulatory agency 40 percent 4 stories, not to exceed 45 feet in height 3. Off-street parking. As provided in Section 11-H hereinafter. H. AG AGRICULTURAL DISTRICT. These district regulations are intended to apply to those areas of Boynton Beach, the present use of which is primarily agricultural or the future use of which is uncertain. 1. Uses permitted. Within any AG, Agriculture District, no building, structure, land or water shall be used except for one or more of the following uses: Minimum lot area feet Minimum lot frontage Minimum front yard Minimum rear yard Minimum side yards Minimum living area 4,000 square 100 feet 40 feet 40 feet 20 feet each side 750 square feet per unit a. Agricultural uses which include, by way of illustration but not by way of limitation, the following: nurseries, greenhouses, orchards, raising of field crops, tree crops, vegetables or flowers on a commercial scale; b. Wholesale and retail facilities when clearly incidental to a permitted agricultural use; 1999 S-11 14 Boynton Beach Code c. Buildings such as attendant residency, equipment shelters and the like whose use is clearly incidental to an approved agricultural use; d. Preservation or conservation uses intended to maintain the general openness or vegetation of the land for environmental, 'educational, archaeological or open space reasons; e. Single-family homes on 2.5 acre lots including private stable facilities provided that animals are kept for recreational uses only and not kept for sale or resale. lA. Uses requiring environmental review permit. Any use listed under 5.H.1. above which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall require an environmental review permit in accordance with Section 11.3. 2. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and building comply with the following regulations: Minimum lot frontage Minimum lot area Minimum front yard Minimum side yard Minimum rear yard Maximum structure height 200 feet One (1) acre 50 feet 50 feet, each side 50 feet 45 feet, not to exceed four (4) stories 3. Off-street parking. As provided in Section 11-H hereinafter. I. REC RECREATION DISTRICT. These district regulations are intended to apply to those existing and proposed recreational areas not located in planned unit developments. Included in these areas are both public and private recreational tracts and the waters of Lake Worth and the Intracoastal Waterway. It is the specific intent of these regulations to preserve recreational areas for current use and for the future, consistent with the comprehensive plan and with the subdivision regulations. 1. Uses permitted. Within any REC, Recreation District, no building, structure, land or water shall be used except for one or more of the following uses: a. All pUblic, private and semi- private recreation areas, including parks, playgrounds, clubs and golf courses; b. All non-profit entertainment or athletic facilities, including beaches, marinas, campgrounds, stadia and playing fields, swimming pools and community centers; c. All water-based activities incidental to the use of the Intracoastal Waterway and the waters and shores of Lake Worth; 'd. Preservation or conservation uses intended to maintain the general openness or vegetation of the land for environmental, educational, archaeological or open-space reasons. lA. Conditional'uses allowed. All profit or non-profit uses or enterprises considered ancillary to any of the above permitted uses. lB. Uses requiring environmental review permit. Any use listed under 5.I.1. which uses, handles, stores or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall require an environmental review permit in accordance with Section 11.3. 2. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and building comply with the following regulations: Minimum lot frontage Minimum lot area Minimum front yard 100 feet one (1) acre 25 feet 1999 S-11 Zoning 15 Minimum side yard Minimum rear yard Maximum structure height 25 feet, each side 25 feet 45 feet, not to exceed four (4) stories 3. Off-street parking. As provided in Section 11-H hereinafter. Minimum lot frontage Minimum lot area Minimum front yard Minimum side yard Minimum rear yard Maximum structural height 75 feet 8000 square feet 25 feet 15 feet, each side* 25 feet* 45 feet, not to exceed four (4) stories J. PU PUBLIC USAGE DISTRICT. These district regulations are intended to apply to those areas Within the city whose ownership and/or operation is public or whose use is largely publicly or institutionally oriented, exclusive of those areas whose use is primarily recreational. 1. Uses permitted. Within any PU, Public Usage District, no building, structure, land or water shall be used except for one or more of the following uses: a. Public buildings and facilities such as city hall, police and fire stations, libraries, public schools, public utilities and cemeteries; b. Privateor semi-private institutions (excluding churches and schools) such as hospitals, utilities, and other non-profit facilities; *When abutting residential districts, side and/or rear yard shall be thirty (30) feet. 3. Off-street parking: As provided in Section 11-H hereinafter. K. PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of the Land Development Regulations is hereby incorporated by reference into these zoning regulations, and all plarmed unit developments shall be considered zoning districts on the official zoning map. Chapter 2.5, and all planned unit developments approved in accordance with Chapter 2.5, shall be subject to all applicable provisions of these zoning regulations, except as otherwise provided for in Chapter 2.5. (Ord. No. 96-32, § I, 8-8-96; Ord. No. 96-51, § 2, 1-21-97; Ord. No. 98-36, § 1, 9-15-98; Ord. No. 99-23, § 1, 9-7-99; Ord. No. 99-24, § 1, 9-7-99) c. Other governmental agencies such as those providing postal, administrative or regulatory services; Commercial district regulations and use provisions. d. Telecommunication towers. lA. Uses requiring environmental review permit. Any use listed under 5.J.1. above which uses, handles, stores or displays hazardous materials or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall require an environmental review permit in accordance with Section 11.3. 2. Building and site regulations. No building or portion thereof shall be erected, constructed converted, established, altered, enlarged or used unless the premises and building comply with the following regulations: A. C-1 OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These district regulations will provide appropriate space for office and professional uses, located to provide ready access to such services for all. 1. Uses permitted. Within any C-I office and professional zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered or used, in whole or in part, except for one (1) or more of the following specified uses (single-family occupancy when incidental and necessary to main use is permitted). Those uses, however, which are listed in lA. below shall require 1999 S-11 16 Boynton Beach Code conditional use approval, and those uses which are indicated under lB. below shall require an environmental review permit, prior to the establishment of these uses:'" a. Churches and other places of worship and attendant accessory uses. Day care centers, primary and secondary schools, seminaries, and colleges and universities shall not be construed to be an accessory use to a place of worship, however. b. Financial institutions, including drive-through facilities. c. Funeral homes. d. Funeralhome withCrematorium.* e. Government facilities, including public community centers, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal use. f. Hospitals. g. Medical and dental offices and clinics. h. Nursing and convalescent homes. i. Pharmacies, medical and surgical supplies; orthopedic, invalid and convalescent supplies; eyeglasses and hearing aids. j. Professional and business offices. k. Veterinary offices and clinics, excluding outdoor kennels, or keeping of animals for purposes other than treatment, and excluding on-site disposal of animals. 1. Reserved. m. Nursery schools, day care centers, and other preschool facilities* (See Section 11.C.). n. Instruction or tutoring, with a gross floor area of less than two thousand (2,000) square feet, limited to instruction for office occupations, or academic tutoring, and specifically excluding art, recreational, trade, or industrial instruction. o. Instruction or tutoring, with a gross floor area of two thousand (2,000) square feet or more, limited to instruction for office occupations, or academic tutoring, and specifically excluding art, recreational, trade or industrial instruction.* p. Academic schools, regardless of floor area, including primary and secondary schools, seminaries, colleges, and universities. q. Copying service. Print shops shall be allowed subject to obtaining an environmental .review permit in accordance with Section 11.3. r. Restaurants,* subject to the following conditions: (1) No restaurant is to be allowed in an office building or complex of less than twenty- five thousand (25,000) square feet. (2) No restaurant shall occupy more than five (5) per cent of the total square footage of the office building or structure. (3) No signage for the restaurant shall be placed on any freestanding sign for the office building or complex. (4) Hours of operation shall be limited from 6:00 a.m. to 5:30 p.m. (5) Seating shall be limited to forty (40) seats or less. s. Barber shops, beauty salons, manicurists, tailors and dressmakers.* t. Dental laboratories.* u. Limited access mini-warehouse.* 1999 S-11 Zoning 16A IA. Conditional uses allowed. These uses specified above in subsection 6.A.1. which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section 11.2. lB. Environmental review permit required. Any use listed under 6.A. 1. or 6.A. IA. above which uses, handles stores or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall require an environmental review permit in accordance with Section 11.3. 2. Uses prohibited. Any outdoor display of merchandise. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. These district regulations will provide a limited number of small commercial facilities of a retail convenience nature, intended to service individual residential neighborhoods. Generally, the desired locations for these facilities are near and about the geocenter or other planned nucleus of the neighborhood, conforming to the general development plan. 1. Uses permitted. Within any C-2 neighborhood commemial zoning district, no building, structure, land or water, or any part thereof, shall be erected altered, or used, in whole or in part, except for one (1) or more of the following specified uses. Those uses, however, which are indicated in iA. below shall require conditional use approval, and those uses which are listed under lB. below shall Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage (building) Minimum front yard Minimum rear yard Minimum side yards Maximum structure height 75 feet 120 feet 9,000 square feet 40 percent 30 feet 20 feet 10 feet* 25 feet, not to exceed 2 stories** *When abutting residential district, side and/or rear yards shall be thirty (30) feet. **Exceptions: 1. Maximum height for hospital shall be forty-five (45) feet not to exceed four (4) stories. 2. Building designed for under building parking shall be (30) feet maximum. 4. Off-street parking. As set forth in Section 11 .H hereinafter. 1999 S-11 Boynton Beach Code Zonin~ 17 require an environmental review permit, prior to the establhhment of these uses: All stores and shops in the C-2 district shall be limited to retail sales. a. Any use permitted in C-1 distrfdt. b. Any use which is a conditional use in the C-1 zoning district.* The following uses, provided that the gross floor area of such use does not exceed five thousand (5,000) square feet: c. Automobile parts and marine hardware stores, excluding any installation on premises, and excluding machine shop service. d. Camera and audio-visual equipment and supply stores. e. Furniture stores and home furnishings; antique stores, excluding auction houses, shall be a permitted use if limited to selling only objects of value such as quality antiques, art objects, jewelry and the like, but not used merchandise generally. f. Flower shops and sale of house plants. g. Bicycle shops. h. Luggage stores. i. Music stores. j. An and ceramic stores. k. Sewelry and cosmetic stores. 1. Locksmith shops. m. Sporting goods, excluding sale of ammunition or firearms; game, and toy stores; bait and tackle shops. n. Paint, wallpaper, tile, carpet, draperies, blinds and shades, and interior decorator shops. o. Office supplies, equipment, and p. An, craft, trophy, hobby, and costume shops, and sewing supplies; an galleries and artists' studios. q. Book stores, religious goods, card shops, tobacco shops, and news stores. -r. Pet shops, excluding kennels or boarding of animals or keeping animals in outdoor kennels. s. Repair or service shops, excluding rebuilding or refinishing for retail goods that are typically sold in the stores which are permitted uses in the C-2 district. All outdoor display or storage in conjunction with such uses shall be prohibited, however. t. Televisions; radio, video, and stereo equipment and supplies. u. Household appliances and part~ for same. v. Curio, souvenir, and gift shops, excluding sale of used merchandise. w. Beer and wine sales, limited 'to consumption off premises. x. The following personal and household services: Barber shops, beauty salons, manicurists, tanning salons, pet grooming, off-premises carpet and upholstery cleaning, maid service, tailors and dressmakers. y. Laundromau and retail laundering services, provided that the floor area for such uses is entirely enclosed. z. Retail photographic studios and photofinishing service. aa. Fabrication and installation of 18 Bo~/nton Bench Code furninire slipcovers. bb. Taxicab offices and-parking, excluding service or repairs on the premises. cc. Automotive service statiom, without major repairs (see definitions: "major repairs'), and including car washes as an acc~sory use, provided that at least one (l) frontage lies along a four-lane collector or arterial road, and the site is developed in accordance with Section ll.L. In the C-2 district, repair and service of vehicles, other than refueling, 'shall be limited to automobiles, motorcycles, and pick-up truck with a rated capacity of not more than one (l) ton. All repair and service of vehicles shall be done within an enclosed building." dd. Print shops. ea. Drycleaning service, limited to handling goods that are brought to the premises by retail customers. ff. Private clubs, lodges, and fraternal organizations.* gg. Drive-up, drive-through, or drive-in service for any of the retail uses or personal se.trices listed under 1.c. through 1.ff. above.* Drive-up and drive-through facilities for financial institutions shall be a permitted use, however. hh. Art or recreational instruction. The following uses, provided that the gross floor area of such use does not exceed ten thousand (10,000) square feet: ii. Grocery, food, ice cream, confectionery, and health food stores; delicatessens, butcher shops and seafood stores, vegetable and fruit stores, convenience food stores, and bakeries; catering service. jj. General hardware stores. k.k. Restaurants, including serving of alcoholic beverages only in connection with the serving of meals. 11. Drive-through, drive-up, or drive-in restaurants.* mm. Sundries, notions, and variety stores. rm. Drug stores. oo. Clothing, clothing accessory, and shoe stores. pp. Lawn and garden supply stores. qq.. Drive..up, drive-through or drive-in service for any of the retail uses or pc. rsonai services listed under 1.ii. through l.pp. above.* Drive-up and drive-through facilities for financial institutions shall be a permitted use, however. rt. A single-family residence, incidental to a permitted, commercial use, located on the same lot as the commercial use. Such residence shall have a minimum living area of seven hundred fifty (750) square feet and shall be limited to occupancy by the property owner or business owner/operator. All uses listed under l.c. through 1.qq. above shall specify the gross floor area on the application for an occupational license. Each retail store and adjacent stores or bays under the same ownership or control that are of a similar or related use shall be considered to be a single store for the purpose of computing floor area. IA. Conditional uses allowed: Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section 11.2. lB. Uses requiring an environmental review permit: Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section 11.3: oo a. :Automotive service station,s, subject to the provision of l.cc. above. b. Print shops. c. Drycleaning on premises, limited to handling goods that are brought to the premises by retail customers. d. Any use listed under 6.B.1 or 6.B.1A, which uses, handles, stores, or displays hazardous materials, or Which generates hazardous waste as defined by 40 Code of Federal Regulations, Pan 261. 2. Prohibited-uses. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or used, in whole or in pan, for any of the following uses: a. Any use not specifically allowed in accordance wi-th the list of uses under 1., IA., and lB., above. b. Any use which is either specifically allowed or prohibited in another zoning district, which is not specifically allowed in accordance with the list of uses under l., lA., and lB., above. c. Outdoor storage or display of any d. Sale of firearms or ammunition. e. Sale of fireworks. f. Temporary employment centers, operated on a walk-in basis. g. Any wholesale establishments, storage as a principal use, or off-premises storage, or distribution. h. Sale of alcoholic beverages, other than beer or wine. i. Serving of alcoholic beverages, except for consumption on premises within a duly licensed restaurant and in conjunction with the serving of regular meals. j. .Lumber yards or building materials stores. k. Sales b=~'~rs, farmer's markets, flea or thieves' markets, swap shops and trading posts. ~;. Building and site regulations. No building or portion thereof shall be erected, constructed, convened, established, altered, enlarged or used unless the premises and buildings shall comply with the following regular!ohs: Minimum lot frontage 50 feet Minimum lot depth 100 feet Minimum lot area 5,000 square feet Maximum lot coverage 40 percent Minimum front yard 30 feet Minimum side yard (interior lots) 15 feet* Minimum side yard (corner lots) 20 feet on side street Minimum rear yard 20 feet* Maximum structure height 25 feet, not to exceed 2 stories *When abutting residential districts, side and/or rear yards shall be thirty (30) feet. 4. Repair and service of merchandise: The repair and service of merchandise for household customers Shall be permitted as either an accessory or principal use, for any merchandise which is typically sold in the C-2 district, excluding rebuilding or refinishing of any type. 5. Exterior storage or display: Exterior storage or display of merchandise or materials shall be prohibited, with the exception of growing plants which are stored or displayed as an accessory use to a lawful principal use. 6. Sale of used merchandise: The sale of used merchandise shall be permitted as an accessory use to the sale of new merchandise, meaning that used merchandise shall be of the same type as the new merchandise sold on the premises, and shall be 2O Boynton Be~ch Code permitted as an accessory use to a repair shop which is permitted in the district, provided that, in ail cases, the floor area occupied by used merchandise shall not exceed twenty-five (25) percent of the gross floor area. Stores which deal primarily in used merchandise, shall be limited to retail merchandise of the type that is permitted in the list of permitted uses above. Pawnshops and auction houses shall be prohibited, however, in the C-2 district. Used merchandise stores shall be located not less than twenty-four hundred (2,400) feet apart, as measured by direct distance between property lines, and shall have a gross floor area of not mor~ than five thousand (5,000) square feet. Where these stores are currently located at less than this minimum distance, such stores shall not be ~'xpanded. All new applications for occupational licenses m operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be complied with. Exterior storage and display in connection with such_uses shall be prohibited. 7. Off-street parking as set forth in Section I I.H hereinafter. C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located-centrally' and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare.. 1. Uses permitted. Within any community commercial district, no building, structure, land or water shall be used except for one (I) or more of the following uses: a. Any use permitted in C-I or C-2 districts, without specific limitation on floor area. b. Any conditional use in the C-2 district, except as provided for otherwise under the C-3 district regulations, without specific limitation on floor area.* c. Antique stores and auctions houses, selling only objects of value such as quality antiques, art objects, jewelry and the like, but not used n~rchandise generally. d. Bars, cocktail lounges, subject to the provision of Chapter 3 of the City of Boynton Beach Code of Ordinances. Such uses shall be a conditional use (*) if located within six hundred (600) fe~ of property lying within a residential zoning district u measured by direct dismuce between property lines. e. Liquor stores, subject to the provisions of Chapter 3 of the City of Boynton Beach Code of Ordinances. f. Greenhouses, nurseries, and other horticultural uses. g. Depa~t~lc'nt stores. h.' Hotel, motels, apartment hotels, and apartment motels, including timesharing units, provided that sleeping rooms and apa~.l,ent suites therein, and exterior portions of the site shall not be used for the display, lease, or sale of merchandise. i. Lumber yards and building materials stores, including sale to contractors.* j. Multifamily and duplex residential dwellings, including timesharing apartments, which shall comply with the R-3 district regulations for such USes. k. Rooming and boarding houses.* organizations. Private clubs, lodges, and fraternal m. Recreational facilities, including bowling lanes, billiard halls, health clubs, gymnasiums, tennis clubs, golf courses, miniature golf courses, shooting ranges (indoor only), skating rinks, and amusement halls. Recreation facilities other than those which are listed above shall be conditional uses(*). Racetracks, go-can tracks, and water slides shall be prohibited. n. Sale of ammunition and firearms. ~opin~ 21 o. Theaters and auditoriums, excluding drive-in theaters. p. Automotive service stations, without major repairs (see def'mitions "major repairs"), and including car washes as an accessory use, provided that the site is developed in accordance with Section 11.L. The repair and service of vehicles in the C-3 district shall include all motor vehicles, in addition to those types of motor vehicles for which repair and service is allowed in the C-2 district, but shall exclude farm tractors and implements, cement mixers, shovels or cranes, and special mobile equipment as defined bY Section 316.003, Florida Statutes. All repair and service of vehicles shall be done within an enclosed building. q. Bus terminals. r. Ambulance service. s. New boat sales, excluding repair or service on premises.* t. Marinas and yacht clubs, which may include the following as accessory uses, if approved as such: Any accessory uses to marinas which are allowed in the CBD district, as well as -boat dealers, service, repair, installation, rebuilding, or customizing of boats, engines, or marine of boats, engines, or marine equipment.* u. Dry storage of boats at marinas.* v. Yachtels, boatels, and other use of boats at marinas for residences.* w. Small equipment and tool rental, for homeowners use, excluding exterior display or storage. x. Governmental, utilities, and communications facilities, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal use. Utilities shall be adequately screened from exterior view. y. Trade and business labor pools; such uses shall be a conditional use (*) if operated on a walk-in basis. z, Automobile wash establishments. aa. Wholesaling of goods listed under Section 8.A.l.c.(2), 8.A. 1.c.(3), 8.A.I.c.(4), 8.A.l.c.(6), 8.A.1.c.(7), 8.A.1.c.(14), and 8.A.l.c.(16) of these zoning regulations, and storage of goods for households, but excluding any exterior storage or display, where all portions of the property lie within three hundred (300) feet of a railroad right-of-way, and direct access to the property from a collector or arterial road is not available at the effective date of this ordinance.* The conditional use application shall list the specific types of goods which are to be sold, stored, or distributed from the premises, and uses of the property shall be limited to those specified on this list, as approved by the City Commission. bb. Adult entertainment establishments. cc. Repair of motor vehicles or tire sales and service, limited to minor repairs (see definitions "minor repairs"), and including car washes as an accessory use, are as follows: (1) This use is not permitted on sites less than five (5) acres in size. (2) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in a shopPing center and within the principal building of the shopping center; (3) 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. 22 Bsynton Beach Code dd. Upholstery and carpet steam cleanins businesses. ce. Marine canvas retail sales and fabrication (no on premises imtallation). IA. Conditional uses allowed. Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set .forth in Section 11.2. lB. Uses r~luiring environmental review permit. Within any C-3 community commercial zoning district, no building, structure, land, or water, or any. pan thereof, shall be erected, altered, or used~ in whole or in pan, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section 11.3: a. Any use which would require an enviwnmental review permit in the C-2 district. b. Sign painting and lettering shops. c. 'Automobile wash establishments. d. Repair of motor vehicles or tire sales and service, limited to minor repairs (see definitions "minor repairs"), and including car washes as an accessory use, provided that all such uses shall be located in a shopping center and shall be located within the principal building of the shopping center, and provided that the site occupied by the shopping center has an area of not less than five (5) acres. 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 occasio~ off-road operation). All repair and service of vehicles shall be done within an enclosed building. e. Any use listed under 6.C.I. or 6.C. 1A. which uses, handless, stores, or displays bn,~rdous materials, or which generates ~n~rdous waste, as defined by 40 Code of Federal Regulations, Pan 261. 2. Prohibited uses. Within any C-3 community commercial zoning district, no building, structure, land or water, or any pan thereof, shall be erected, altered, or used, in whole or in pan, for any of the following uses: a~ Any use not specifically allowed in accordance with the list of uses under 1., IA., and, lB., above. b. Any use which is either specifically allowed or prohibited in another zoning district, which is not specifically allowed'in accordance with the list of uses under 1., lA., and IB. above. c. Any. wholesale establishments, storage as a principal use, off-premises storage, or distribution, except in accordance with 1.aa. and lA. above. d. Single-family detached dwellings, except where used as a group home. e. Sales bazaars, farmer's markets, flea or thieveS' markets, swap shops, and trading posts. f. Bingo halls. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot area Maximum lot coverage (building) Minimum front yard Minimum side yard (interior lots) 75 feet 15,000 feet 40 percent 20 feet None (see Notes a and b) Zonin_~ 23 Minimum side y~d (comer lots) Minimum rear yard Maximum structure height 1:5 feet street side (see Note b) 20 feet (see Notes b and c) 4:5 feet, not to exc_e~__ 4 stories a. Where rear acc~s is not available from a public street or alley, a side yard of not less than fffieen (15) feet shall be provided on one side. side and/or rninirmim. b. When abutting a residential zone, rear yards shall be thirty (30) feet c. Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half the width of such street ot alley, but in no case shall a tear yard be less than ten (10) feet. 4. Off-street parking as set forth in Section 11 .H hereinafter. one (1) calendar year. Permission from the development director or his authorized representative shall .be required for any use of parking areas for display of merchandise. The exterior display or storage of growing plains shall be permitted in connection with a lawful principal use, without limitation on length of time 7. Sidewalk sales. Sidewalk sales in rights-of-way shall require approval, by the city manager or such person as may be designated by the city manager. 8. Sale of used merchandise: The sale of used merchandise shall be permitted as an ac-cessory use to the sale of new merchandise, meaning that used merchandise shall be of the same type as the new merchandise sold on the premises, and shall be permitted as an accessory use to a repair shop which is permitted in the district, provided that in all cases, the floor area occupied by used merchandise shall not exceed twenty-five (25) percent of the gross floor 5. Repair and service of merchandise: The repair and service of merchandise for household customers shall be permitted as either an accessory or principal use, for any merchandise which is typically sold in the C-3 district, excluding rebuilding or refinishing of any type. 6. Exterior display and storage of merchandise. Exterior display of retail merchandise shall be permitted, provided that such merchandise is owned by the operator of the business occupying the building, and is the same type of merchandise that is typically sold within the building. Exterior storage of merchandise shall be for a length of time which, on a daily basis, shall not exceed eighteen 08) hours. Exterior storage or display of motor vehicles and boats, excluding wrecked motor vehicles, shall also be permitted to the extent that same is integral to the operation of a conforming use or a legal nonconforming use, and without limitation on length of time. Exterior display of merchandise shall be completely contained within property lines, and shall not completely block walk-ways or otherwise create a b,7~rd to the public. Parking areas shall not be used for such displays except for a period or periods of time which shall not exceed seven (7) days within any Stores (including pawnshops) which deal primarily in used merchandise, other than antique shops ot auction houses (see 1.c. above), shall be limited to sale of retail merchandise of the type that is allowed in accordance with the list of uses under 6.C.1. and 6.C. IA. above. Such stores shall not exceed five thousand (5,000) square feet in gross floor-area and shall be located not less than twenty-four hundred (2,400) feet apart, as measured by direct distance between property lines. Where these stores are currently located at less than this mimmum distance, such stores shall not be expanded. All new applications for occupational licenses to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be complied with. Exterior storage or display in connection with such uses shall be prohibited. D. C-4 GENERAL COMMERCIAL DISTRICT. These district regulations will be effective in projecting desirable uses and patterns along the development corridors that will be located at points along major trafficways. The ultimate desired results are to group highway uses, keep Boron Beach (;ode accesses to a minimum, and combine accesses, so as to limit the drive out interruptions. In addition, these regulations can help expedite, facilitate and ease traffic on and off the major trafficways and allow sufficient frontage for safe ingress and egress and yet again, not erode the design capacities for our highways. 1. Uses permitted. Within any C-4 general commercial district, no building, structure, land or water, shall be used, except for one (I) more of the following uses: a. Any use which is a permitted use in the C-l, C-2, or Co3 zoning district. b. Any use which is a conditional use'in the C-3 zoning district, except as provided for otherwise in the C-4 district regulations.* c. Adult entertainment establishments, in accordance with Section 11.M.* d. Sale or rental of new or used automobiles, boats, recreation vehicles, utility trailers, and commercial trucks.* e. Automobile wash establishments. f. Wholesale or retail sale of goods listed under Sections 8.A.I.c.(2), 8.A.1.c.(3), 8.A.l.c.(4), 8.A.l.c.(6), 8.A. 1.c.(7), 8.A.l.c.(9), 8.A.l.c.(10), 8.A.1.c.(11), 8.A.1.c.(14), and 8.A. 1.c.(16) of these zoning regulations. g. Electrical, plumbing, heating, painting, roofing, and upholstery supplies.h. Fabrication and assembly of custom cabinets and furniture, sign painting and lettering shops, or furniture refinishing, within a fully enclosed bulldinL with a gross floor area of less than two thousand (2,000) square feet. i. The wholesale sales and distribution of prepackaged meats and poultry. Sales shall be restricted to sales to the trades and not to the general public. j. Self service storage facilities, in accordance with Section I 1 .O* lA. Conditional uses allowed. The uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the- procedures set forth in Section 11.2. lB. Uses requiri~ an environmental review permit. Any use which would ~equire an a. environmental.permit in the C-3 district. b. Service or repair of automobiles, recreation vehicles, utility trailers, boats, and commercial trucks~ and motor vehicles for which' service and repair is permitted in the C-3 district as either a principal or an accessory use, and major repairs, customizing, paint and body shops, and battery and tire sales and service, and sailmaking. Service and repair work shall take .place entirely within all enclosed building. c. Fabrication and assembly of custom cabinets and furniture, sign painting and lettering shops, or furniture refinishing, within a fully enclosed building, with gross floor area of two thousand (2,000) square feet or more but not to exceed six thousand (6,000) square feet. d. Machine shops, and rebuilding of equipment or parts that are typically sold in the C.4 district, limited to service for individual customers, and excluding industrial remanufacture of equipment or parts. e. Any use listed under 6.D.1. or 6.D.1A. which uses, handles, stores, or displays bn?ardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261. 2. Uses prohibited. Within any general conunercial zoning district, no building, structure, land, or water, or any pan thereof, shall be erected, altered, or used, in whole or in pan, for any of the following uses: a. Any use not specifically allowed in accordance with the list of uses under 1., IA., and lB. above. 1996 S-1 ~onin~ b. Any use which is either specifically allowed or prohibited in another zoning district, which is not specifically allowed in accordance with the list of uses under 1., lA., and lB. above. c. Any residential use, including group homes and residential institutions. Hotels and motels, and apartment hotels and motels shall be a permitted use, however. d. Exterior storage, unless ade- quately screened. 25 Where rear property line abuts a public street or alley, rear yard setback may be reduced to ten (10) feet and no side yard shall be required except on comer lots. 4. Off-street parking: As set forth in Section 11.H hereinafter. 5. Repair and service 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 district. flea or thieves' posts. Sales bazaars, farmer's markets, markets, swap shops, and trading f. Warehouses or storage buildings, except self service storage facilities (mini- warehouses), except when utilized as an accessory to a principal use which is allowed in accordance with 6.D.1., 6.D.1A., or 6.D.1B., above, and located on the same parcel as the principal use. g. Contractors' storage and shops. 6. Exterior display or storage. Exterior display of merchandise shall comply with all provi- sions that apply to the exterior display of merchandise in the C-3 district. Exterior storage of merchandise, materials, or equipment shall be allowed only as an accessory use to a lawful principal use which occupies a building, and shall be adequately screened. Exterior storage or display of motor vehicles and boats, shall also be permitted to the extent that same is integral to the operation of a conforming use or a legal noncon- forming use, and without limitation on length of time, and without the requirement for screening. 3. Building and site regulations. No building or portions hereof shall be erected, con- stmcted, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage Minimum front yard Minimum side yard (interior lots) Minimum side yard (comer lots) Minimum rear yard Maximum structure height 50 feet 100 feet 5,000 square feet 40 percent 25 feet 15 feet one side* 15 feet on street side* 20 feet* 45 feet not to exceed 4 stories *When abutting residential districts, side and/or rear yards shall be thirty (30) feet. 1996 S-1 7. Sale of used merchandise. Sale of used merchandise shall comply with all provisions that apply to the sale of used merchandise in the C-3 district. Distance separation requirements as set forth in Section 6.C.8. of appendix A shall have no application to not-for-profit organizations. E. CBD CENTRAL BUSINESS DISTRICT. The intent of this district is to provide a highly visible community focal point integrating business, retail, recreational, and residential activities. The uses allowed in the central business district are intended to serve the entire community, create a high volume of pedestrian activity, provide business, recreation, and residential opportunities, and maximize the potential of the waterfront. 1. Permitted and conditional uses. Within the central business district, no building, structure, land, or water, or portion thereof, shall be used except for one or more of the following uses listed below. Uses specified below which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance 26 Boynton Beach Code with Section 11.2 of these zoning regulations. All conditional use applications within the CBD and the CRA district shall be considered and reviewed by the planning and development board in all proceedings, until the CRA becomes a seven member body or a separate entity from the City Commission. Furthermore, no part of the CBD shall be developed until a complete, detailed development proposal has been submitted to the city and approved in accordance with the standards and procedures set forth in Part RI, Chapter 4, Land Development Regulations. Such proposals shall generally follow the design guidelines established by-the city for the CBD, and shall include water, sewer, storm drainage,. traffic flow, parking, landscaping, lighting, and other data as required by Part RI, Chapter 4, Land Development Regulations. Eating and Drinking: a. Restaurant~ al. *Restaurants with drive-in or drive-through facilities when not in conflict with the public/private pedestrian system of the adopted redevelopment plan. b. Bars and cocktail lounges, ex- cluding adult entertainment establishments. Entertainment and Recreation: sides, and shall be designed so as to be compatible with the intent of the CRA plan, CBD zoning and landscaping regulations, and CBD design guidelines. The hours of operation of a dry storage facility shall be no earlier than sunrise and no later than sunset. In addition, other uses may be allowed at marinas, in accordance with the list of permitted and conditional uses for the CBD (central business distric0. f. *Private recreation and amusement facilities, including bowling alleys, gymnasiums, and health centers. Hotels, Motels and Residential: g. Hotels and motels. h. *Multiple-family residential, time- sharing apartments, motel apartments, and hotel apartments. Offices and Financial Institutions': i. Medical and dental offices and laboratories. j. Professional and business offices, excluding offices or clinics for drug or alcohol treatment or counseling, psychiatric treatment or counseling, or any other type of personal rehabili- tation. c. Public parks and recreation facilities. d. Theaters and auditoriums, ex- eluding drive-in theaters. k. Veterinary offices and clinics, excluding outdoor kennels, or keeping of animals for purposes other than treatment, and excluding on-site disposal of animals. e. Marinas, 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 tac3::e shops. Dry storage of private pleasure craft sh~.ii be permitted as a conditional use. Service and repair of private pleasure craft shall be permitted as an accessory use to dry storage. Buildings used for dry storage of boats shall not exceed forty-five (45) feet in height, shall be enclosed on at least three (3) 1. Financial institutions, without drive-up tellers. up tellers. *Financial institutions, with drive- Public and Quasi-Public: n. Government facilities, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal use. 2000 S-12 27 o. Churches and other places of worship, including rectories and convents as an accessory use. p. *Clubs, lodges, and fraternal organizations. q. *Public utilities communications facilities. and r. *Nursery, day care centers, and pre-school facilities. s. *Primary and secondary schools, excluding trade or industrial schools. t. *Colleges, seminaries, and universities, excluding trade or industrial schools. u. Non-degree imtmction or tutoring, under 2,000 square feet of gross floor area, excluding trade or industrial instruction. dd. Furniture, home furnishings and accessories, appliances, and interior decorator shops. ee. Hardware, marine hardware, drapery, carpet, tile, paint and wallpaper stores, but excluding lumber or building materials dealers, lawn and garden shops, glass, electrical, plumbing, heating supplies, and the like. ff. Clothing and clothing accessories stores, excluding sale of used merchandise. gg. Sundries, notions, and variety stores. hh. Art, craft, hobby, and sewing supplies. ii. Florist shops, including sale of house plants. jj. Bicycle shops. v. *Non-degree instruction or tutoring, over 2,000 square feet of gross floor area, excluding trade or industrial instruction. w. *Public assembly halls, auditoriums, and community centers. Retail: x. Department stores. kk. Pet shops, excluding kennels or boarding of animals. 11. Office supplies and equipment. mm. Book stores, news dealers, and tobacco shops. rm. Sporting goods, game and toy stores. y. Beer, liquor, and wine sales, excluding drive-through facilities. z. Antique stores and auction houses, selling only objects of value such as quality restored antiques, art objects, jewelry, and the like, but not used merchandise generally. aa. Art and ceramic stores. bb. Curio and gift shops, excluding sale of used merchandise. oo. Luggage stores. pp. Jewelry and cosmetics stores. qq. Optical goods and hearing aids stores. rr. Pharmacies and drugstores. ss. Food and grocery stores, retail confectioneries and bakeries, ice cream parlors, and delicatessens, excluding drive-through facilities. cc. Music and camera shops. tt. *Outdoor display or sales of merchandise, subject to the conditions set forth in Section 6.C.6. of these zoning regulations. 2000 S-12 28 Boynton Beach Code uu. Sidewalk sales, subject to approval by the community redevelopment agency. uua. New auto parts and accessories. Services: vv. Personal service establishments. ww. Printing, engraving, f'me art studios, photofinishing service, photographic studios and laboratories; film and recording studios. xx. *Funeral homes, excluding crematoriums. yy. Business machine service offices. a. Dry cleaning on premises, limited to handling goods that are brought to the premises by retail customers. b. Any use listed under Section 6.E.1. which use handles, stores, or displays hazardous materials, or which generates hazardous waste, as de£med by 40 Code of Federal Regulations, Part 261. 2. Uses prohibited. Within the central business district, no building, structure, land, or water, or any portion thereof, shall be used for any of the following uses: a. Any use not specifically allowed in accordance with Section 6.E. 1. above. zz. Coin-operated laundromats, dry cleaning service, limited to handling goods that are brought to the premises by retail customers, tailors and dressmakers, alteration and repair of clothing or clothing accessories. Transportation: Public parking lots and garages. b. Any use specifically prohibited in Section 6.E. 1. above. c. Adult entertainment establishments. d. Massage parlors. e. Laundry or dry cleaning plants; carpet or upholstery cleaning plant or service. bbb. *Bus terminals and taxi stands. ccc. *Railroad passenger stations. ddd. *Automobile rental, limited to rental of new cars. eec. *Helistops. fff. *Private parking lots and garages, where operated as a principal use. lA. Uses requiring environmental review permits. Within the CBD, Central Business District, no building or structure, on land or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section 11.3 of these zoning regulations: 2000 S-12 L Outdoor storage of any type, other than rental cars in accordance with Section 6.E. 1. g. Sale of used merchandise, except for art objects, jewelry, coins, quality restored antiques, and the like, which shall be subject to the provisions of Section 6.E. 1. h. Pawnshops. i. Personal rehabilitation or clinics or offices, including counseling services for same, residential or nonresidential; any residential use which requires professional supervision, counseling, medical or nursing care on the premises, or access to same. j. Reserved. k. Wholesale establishments or distribution. 1. Storage as a principal use, or any off-premises storage. Zonin~ 29 m. Service, repair, sales or storage of vehicles. n. Repair shops, other than repair of clothing and clothing accessories, except that service and repair services shall be allowed as an accessory use to retail sales, provided that the floor area devoted to repair services shall not exceed 25% of the gross floor area. o. Temporary employment centers, operated on a walk-in basis. p. Rooming or boarding houses, adult congregate living facilities, nursing homes, or any other group housing. q. Dry storage of boats; boat dealers; service, repair, installation, building, rebuilding, or customizing of boats, engines, or marine equipment. r. Loading or unloading of railroad freight. s. Commercial parking facilities. (Ord. No. 99-07, § 1, 3-16-99) 3. Building and site regulations. No building, structure, land, or water shall be erected, altered, enlarged, or used unless in conformance with the following regulations: Minimum lot frontage Minimum lot depth Minimum lot area Minimum front yard Minimum rear yard Minimum side yard Minimum waterfront yard 75 feet 100 feet 15,000 square feet None, at ali floors. 20 feet abutting adjacent properties at first floor level. 8 feet abutting street or alley at first floor level. None, at all other floors. None, for interior lot lines. 8 feet abutting street or alley at first floor level. None, at all other floors. Regardless of the orientation of the lot or parcel, an 8-foot setback Maximum lot coverage Maximum structure height Living area minimum per multiple-family dwelling unit Canopies and awnings Movable awnings over right-of-way shall be maintained from a building or structure and any navigable water. Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subject property line, and measured from the mean high water line if the body of water is under the same owner- ship as the subject- property. 75 per cent. 85 per cent for parkin~ garages. 45 feet, not to exceed 4 stories. Multiple-family dwelling unit density maximum 10.8 dwelling units per acre. Applica- tion of residential density to a parcel shall not preclude or limit the development of the par- cel for other uses which are lawful under the central business district regulations, provided such developments otherwise comply with these zoning regulations. 750 square feet. Canopies or awnings for pedestrian entrance ways, with at least 9 feet clear, may project to the property line in any required yard. Movable awnings may extend not more than 8 feet over a sidewalk in an adjacent right-of- way, provided such 2000 S-12 :30 Boynton Beach Code Permanent structural projections from buildings Regulatory guidelines Utility lines, mechanical equipment awning or any part thereof shall maintain a clear height of 9 feet above the sidewalk. Such awnings extending over rights-of-way shall be moved or removed at the request of the city. Eaves, sills, belt course, cornices, pilasters, and other architectural features; gutters, chim- neys, and mechanical equipment, may project not more than 3 feet into any required yard, provided that such structures are located within the property lines and conform to esta- blished central business district design guide- lines. Construction and de/elopment shall .ssentially conform to he Community · 'edevelopr' -nt Plan, and D,- elopment Regulations and District Design Guidelines. Utility lines shall be installed underground, and any service equipment required above ground shall be effectively screened. 4. Off-street parking and loading space. a. Parking and loading space requirements. Parking and loading space requirements and standards shall be as set forth in Sections 11.H., 11.1., and ll.J., of these zoning regulations, as modified by the provisions below. b. parking space calculations: (1) Parking space requirements shall be calculated in accordanc~ with Section 11.H.16. of these zoning regulations, except that in the CBD, the following shall apply: (a) The number of required parking spaces shall be reduced by fifty (50) per cent; and Co) If the property owner or business is uv, able to provide on-site one-hundred (100) percem of the parking spaces required pursuant to Section 11.H.16. of these zoning regulations, all spaces provided by the property owner or business, on- or off-site, shall be maintained as unreserved, unrestricted parking available to the public, except designated handicap spaces required by law. (2) Shared parking : Whentwo (2) or more adjacent properties combine their on-site parking and construct a shared parking facility with common access drives, the number of required parking spaces shall be reduced by an additional ten (10) per cent. c. Location of parking spaces: (1) No surface parking shall be permitted in the from yard of any building along a major public pedestrian streetscape system as designated in the community redevelopment plan. (2) Notwithstanding ptovisiom of Section 11.I., in the CBD required parking spaces shall be owned or leased within one thousand (1,000) feet of the building to be served. The distance requirement shall be a straight line measurement from a point on the boundary line of the property, which is the subject of the application, to the closest boundary line of the property on which the leased parking is located. The property, which is the subject of the application, shall be posted with signage indicating to patrons the location of the leased parking. (3) Lease arrangements to provide required parking spaces shall be subject to approval by the community redevelopment agency, after review and recommendation by the technical review board. 2000 S-12 30A d. Special parking and loading space requirements. The community redevelopment agency or City Commission, consistent with the approval procedures set forth in Pan IH, Chapter 4, Land Development Regulations, shall modify requirements for parking and loading spaces, and: (1) Require addition~ spaces if the requirements are found to be insufficient. (2) Require fewer spaces if quantitative evidence is provided substantiating that the requirements are excessive. The community rede- velopment agency of City Commission shall take into account existing parking facilities in the vicinity of the proposed development. 1998 S-'/Repl. 30B Boynton Beach Code 1998 5-7 Repl. 31 5. Landscaping. Landscaping shall be provided as set forth in Chapter 7.5 of the City of Boynton Beach Land Development Regulations. 6. Sign. Signs shall conform to the applicable provisions set forth in Chapter 21 of the City of Boynton Beach Land Development Regulations. 7, Nonconforming structures. a.. Purpose. It is the purpose and intent of this section to allow the limited expansion of a nonconforming structure which is used for a conforming use and which is located within the central business district (CBD). b. Procedure. (1) No nonconforming structure located in the central business district may be changed, enlarged, expanded, or restored without the property owner first submitting an application for approval of the proposed change to the city and receiving approval as hereinafter provided. (2) Applications shall be submitted to the planning and zoning department on forms prescribed by the planning and zoning departmem. (3) Approval will to the maximum extent possible bring the building and the site upon which it is located into compliance with city regulations and will improve the physical appearance of the structure. (4) That the expansion will be in harmony with the general intent and purpose of the central business district. d. Conditions. (1) T h · community redevelopment advisory board shall recommend and the City Commission sitting as. the communi~ redevelopment agency may prescribe appropriate conditions and safeguards necessary and reasonable to ensure that the expansion of a nonconforming structure will be in harmony with the general intent and purpose of the central business district. (2) In no event shall an application be granted which would permit the interior gross floor area of a nonconforming structure to be enlarged by more than twenty-five (25) percent in size. e. Development standards. (3) Applications shall be processed according to the procedures for a site plan review in the central business district and shall be reviewed by the community redevelopment advisory board and approved by the community redevelopment agency. c. Review criteria. Prior to granting an approval for the expansion of a nonconforming structure, the following findings shall be made: (1) That granting the application will not adversely affect the public interest. (2) Expansion will not be detrimental to the health, safety, and general welfare of persons working or residing within the central business district. (1) In the event an application for expansion of a nonconforming structure is granted, additional parking spaces shall only be required for the expanded area of the nonconforming structure. Chapter 23, Parking Lots, shall not apply to expansions of nonconforming structures approved pursuant to this section. (2) All sites will be brought into compliance with the zoning and development regulations of the city to the maximum extent - possible. The community redevelopment agency may grant relief from provisions of requirements of the zoning and development regulations of the city provided that they make specific findings of fact that the waiver will not be detrimental to the health, safety, and general welfare of persons working or residing within the central business district and that the waiver will result in additional business activity that is harmonious with the general intent and purpose of the central business district. 1997 Boston Beach Code f. Compliance with other codes. Nothing in this section shall diminish the responsibility of an owner to maintain his use or structure in full compliance with all other city, county, state, or federal regulations, or licensing procedures. g. Payment in lieu of parking. (1) When the community redevelopment agency finds that the pwperty owner seeking an expansion cannot effectively, efficiently, or economically provide for the additional on-site parking required for the expansion, the community redevelopment agency may accept a payment in lieu of parking. The payment shall be based on a formula established by the city administration and adopted by resolution of the City Commission. In the event the City Commission fails to adopt a resolution establishing a formula for calculating the payment in lieu of parking, then in that event, no payment in lieu of parking may be made and the number of on-site parking spaces required or an equivalent number of off-site parking spaces obtained pursuant to a binding long-term off-site parking agreement shall be provided as a condition of approval. (2) T h · community redevelopment agency shall make the following findings prior to authorizing a payment in lieu of parking: (a) The number of off-street parking spaces required to be provided for a development by the Land Development Regulations. (b) Tbe maximum number of spaces which can be provided by the development in a manner which effectively serves the development, is cost-efficient, and is consistent with the intent of the CBD zoning district. (c) The number of parking spaces that the community redevelopment agency determines can reasonably be accommodated in municipal parking facilities, either existing or planned to be constructed within five (5) years after authorization of the payment in lieu of parking. (d) The current capital cost of providing required parking spaces to serve the use contemplated by the payment in lieu of parking. (3) Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: (a) Any off-street parking arrangement satisfied in this manner shall run with the land, and ~uy subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. Co) No refund, of payment shall be made when there is a change to a use requiring less parking. (c) The payment in lieu of parking shall be made to the city in one lump sum prior to issuance of a building permit. (d) Funds derived from a payment in lieu of parking shall be deposited by the city into a parking trust fund, and unless the applicant consents otherwise, shall be used and expended exclusively for the purpose of planning, designing, or developing public parking facilities located within one thousand (1,000) feet of the development for which the payment in lieu of parking was made. The distance requirement referenced herein shall be a straight line measurement from a point on the boundary line of the property, which is the subject of' the application to the closest boundary line of the property on which the public parking facility is located. 8. Structures in excess of forty-five (45) feet in height. Notwithstanding the height limitations referenced in Section 4F of Chapter 2 of the Land Development Code of the City of Boynton Beach, Florida, all uses enumerated and permitted in the Central Business District, according to the Code of Ordinances Which shall include but not be limited to hotels, motels, condominiums, apartments, offices, financial institutions, eating and drinking establishments, entenaiument and recreational uses, retail use and transportation use or any structure containing a mixed use thereof, shall be permitted to 1997 S-5 33 be constructed in excess of forty-five (45) feet in height, but not to exceed 100 feet, provided such use is evaluated and approved as a conditional use. Mechanical equipment which exclusively serves the structure shall not be included in the calculations of height. '- F. PLANNED COMMERCIAL DEVELOPMENT DISTRICT. 1. Intent and purpose. A planned commercial district (PCD) is established. The purpose of this district is to provide a zoning classification for commercial developments that will better satisfy current demands for commercially . zoned lands by encouraging development which will reflect changes in the concepts and the technology of land development and relate the development of land to the specific site, to conserve natural amenities and to allow for the mitigation of negative impacts which result from land development. Regulations for the PCD are.intended to accomplish a more;desirable environment for commercial development in relation to existing and/or future city development, permit economies in providing public services, and to promote the public health, safety, convenience, welfare and good :government of the City of Boynton Beach. 2. Definition. A "planned commercial development": a. Is land under unified control, planned and developed as a whole in a single development operation or a programmed series of development operations for commercial buildings and related uses and facilities; b. Provides for a commercial district of efficient and harmonious design so arranged as to create an attractive projea readily ir~egrated with and having no adverse effect on adjoining or surrounding areas and developments; c. Is developed according m comprehensive and detailed plans for streets, utilities, lots, building sites, etc., and site plans, floor plans and elevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans for other uses and im?rovements on the land related to the buildings; and d. Includes a program for full provision, maintenance, and operation of such areas, improvements, facilities and services for common use by the occupants of the planned commercial development. 3. Unified control. All lands included in a planned commercial development shall be under the control of the applicant or his assigns (an individual, partnership, or coq)oration or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PCD. The applicant shall agree to: a. Proceed with the proposed development according to the provisions of these zoning regulations and conditions attached to the zoning of the land to PCD; b. Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PCD and for continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and c. Bind their successors in tide to any commitments made under subsections 3a and b above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to the PCD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. 4. Standards for planned commercial developments. In formulating recommendations and reaching decisions as to the zoning of land to the planned commercial development zoning classification, the planning and development board and City Commission shall apply the following locational, utility and environmental standards consistent with the comprehensive plan in addition to 1997 S-$ Boynton Beach Code the s~dards established in Section 9.C of these zoning regulations applicable to rezonin~ of land generally. a. Relation to major wans~rmion hcilities. A PCD shall be so located with respect m major roadways or other transportation facilities es to provide direct access to major tranapor~ion facilities without creating or generating- an unacceptable level of traffic along streets in residential areas or districts outside it. b. Extensiom of publicly owned and maintained utilities and storm sewers, etc. shall be constructed by the applicant at no expeme to the city and said utilities, etc. shall be deeded to the city clear of any encumbrances. Construction standards employed in the installation of publicly maintained utilities and storm sewers shall be those promulgated by the engineering and utility depazt:uents as amended periodically. Concerning streets, consistent with the intent of these regulations, any required roadway improvements shall be constructed at the applicant's expense including the dedication of additional rights-of-way as noted in the traffic and circulation element of the comprehensive plan and the replacement of roadway capacity when applicable. c. Physical character of the site. The 'site shall be suitable for development in the manner proposed without hazards= to persom or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition oft he soil, groundwater level, drainage and topography shall aH be appropriate to both kind and pattern of use intended. 5. Uses permitted, conditional uses, uses requiring environmental review permit. a. All uses listed in Section 6.C. 1 of these zoning regulations provided however, that uses listed as conditional will not be required to secure conditional use approval if shown on the master plan required as a part of this submission, and uses will not be subject to the minimum acreage requirements of Section 6.C.1. if the site meets the minimum acreage requirement-for rezoning to PCD and all portions of any building dedicated to such use are 1997 S-6 separated from residentially zoned property by a distance of 200 feet; Uses which would require an environmental review permit in the C-3 district shall also require such a permit in accordance with Section 11.3, prior to being established in a 1CD' district. Furthermore, the planning and development board may require that any other use obtain an environmental review permit, prior to being established in a particular lCD. Any use which uses, handles, stores, or displays bnv*rdous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall require an environmental review permit in accordance with Section 11.3. b. Uses ancillary to permitted uses; c. Commercial uses not listed in Section 6.C.1, but approved by the planning and development board. 6. Uses prohibited. a. AH uses listed in Section 6.C.2 of these zoning regulations. 7. Design criteria for planned conunercial developments. In addition to the design and construction criteria established in other chapters or sections of the Boynton Beach Land Development Regulations, the following design criteria shall be applicable to the zoning, design and construction of planned commercial developments: a. Minimum land area. The minimum land area for a planned commercial development shall be three (3) contiguous acres. b. Off-street loading. Every hospital, institution, hotel or commercial building or similar use requiring the receipt or distribution by vehicle of materials or merchandise shall have one (1) off-street loading bay for each twenty-five thousand (25,000) square feet of gross floor area or fraction thereof. Off-street loading areas shall be designed in such a manner as to screen from view at ground level, parked vehicles, a materials handling facilities including compactors or dumpsters. For the purposes of this section, screening is defined as a solid stucco masonry wall painted on both sides. o° 35 c. Lot coverage. The total ground floor area of all buildings and accessory structures shall not exceed forty (40) percent of the plot on which they are comtructed. d. Open lot areas. All open portions of any lot shall have adequate grnding and drainage arid shall be continuously maintained in a dust-free condition by suitable landscaping with trees. shrubs or planted ground cover. The design of such landscaping ~! the measures taken to ensure its maintenance shall be subject to the approval of the district setbacks: Planned commercial development Front yard 40 feet Side yard .30 feet Rear yard 40 feet f. Peripheral greenbelt. The project area shall be enclosed on all sides with the exception of accessways for traffic and freight by a landscaped greenbelt area with a minimum width of ten (10) feet except when such property abuts a residential district such greenbelt shall have a minimum width of twenty-five (25) feet. 8. Procedures for zoning land to planned commercial development. The procedure for zoning land to the planned commercial development classification shall be the same as for zoning lands generally; however, because of the differences between planned development districts and conventional district boundary regulation changes, the procedures and requirements which follow shall apply to all applications for zoning to PCD in addition to the general requirements. a; Applications; materials to be submitted. In addition m information required for application for zoning generally, the applicant shall submit the following materials or data: (1) Legal documents assuring unified control of the proposed PCD and the agreements required under subsection 3 above. (2) A master plan containing: (a) The title of the project and the names of the professional project planner, engineer, surveyor and developer; (b) Scale, date, north arrow, and general location map; (c) Boundaries of the property 'involved, all existing streets, buildings, water courses, easements, section lines and other existing important physical features m and adjoining the project; (d) Site plan of locations of land uses including but not limited m commercial areas, greenbelts and proposed right-of-ways; (e) Master plan showing access and traffic flow; and (f) Tabulations oftotalgross acreage in the development and percentages thereof to be devoted m the various land uses. (3) Subdivision master plan requirements not listed above. (4) A market study indicating the market area and demand for the facilities proposed. 9. Planning and development board findings. After conducting a public hearing(s), the planning and development board shall recommend to the City Commission that the PCD zoning request be approved, approved with modifications ot denied. In making its recommendation to the City Commission, the board shall make findings that the applicant bas met the following requirements: a. The requirements of Section 9C of these regulations related m zoning generally; b. The requirements for unified control listed in Section 61=3 above; 6F4 above; The standards listed in Section 1997 S=6 36 o° d. The deSign criteria listed in Section 61'/above; and e. Consiste~.'y with tbe adopted comprebensive plan for Boynton Beach. 10. Conditions and stipulations. In recommending zoning of land to the PCD classification, the pla=~ming and development board may recommend and the City Connnission may attach suitable conditions, safeguards, and stipulations, in accord with standards set out in these zoning regulations and in this section. The conditions, safeguards and stipulations so made at the time of zoning to PCD shall be binding upon the applicant or his successors in interest. Deviations from the approved master plan except in the manner herein set out or failure to comply with any requirement, condition, or safeguard, shall constitute a violation of these zoning regulations. It is intended that no conditions, safeguards or stipulations be required which are not within-the standards set out in these zoning regulations and in this' Section and that conditions, safeguards, and stipulations be clearly related to the ends and objectives of these zoning regulations and this section. 11. Time limit. The approval of the zoning to PCD by the City Commission shall be in effect for eighteen (18) months from the effective date of the approval of the ordinance to rezone. Failure to record a plat of record for the first phase of the development or for the total development as the case may be within the aforementioned eighteen (18) months shall result in the approval of rezoning being subject to review by the City Commission. The City Commission shall direct staff to submit to the City Commission an application which will down zone the property to the original or appropriate zoning district. Following such direction by the City Commission, no new development permits affecting the property shall be issued by the city until a final determination is made by the City Commission following notice and public hearing. Upon written request by the applicant prior to the expiration of the PCD classification the City Commission may extend for one (1) additional year, the period for commencing platting procedures. In granting such extensions, the City Commission may impose additional conditions to insure completion of the platting process and conform the project to current development standards, and to protect the health, safety and welfare of adjacent developments. 12. Platting, site development plans and building permits. a. Platting. All planned commercial developments are subject to and shall be developed consistent with the requirements of Chapters 5 and 6 of the Boynton Beach Land Development Regulations. b. ' Site development plans. A.ll plans · forlots or parcels proposed to be developed with~ planned commercial developments are subject to and shall be developed consistent with the requirements of Chapter 4, Site Plan Review, Land Development Regulations. c. Permits. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 5 of the Land Development Regulations are comp!.?.,.ed in every respect. 13. Changes in plans. a. Modifications to approved plans which result in an increase of ten (10) per cent or more in measurable impacts such as traffic created, water used or sewage or storm water generated or some other comparable measure shall be processed as for a new application for zoning to PCD. b. Modifications to approved plans which result in an increase of less than ten (10) per cent in measurable impacts as determined by including any changes in traffic generated, water consumed or sewage to be collected will require review and recommendation by the planning and development board and f'mal approval by the City Commission. The City Commission decision to approve, approve with modifications or deny, shall be predicated upon a finding of consistency with the comprehensive plan and a finding that any such increase will not result in a negative impact on infrastructure delivery systems or the surrounding area in general. It is the .intent of this section that all additional impacts be mitigated. Modifications which 1997 S-6 ~onin~ result in an increase of less than ten (10) percent in measurable impacts shall not extend the expiration date of the eighteen month approval of a PCD classification. (Ord. No. 95-05, 9 1, 3-21-95; Ord. No. 95-24, 99 1, 2, 3, 8-15-95; Ord. No. 95-27, 9 1, 7-18-95; Ord. No. 95-45, 9 1, 12-19-95; Ord. No. 96-51, 9 3, 1-21-97; Ord. No. 97-24, 99 1, 2, 3, 7-1-97; Ord. No. 97-29, § 1, 6-I7-97; Ord. ~No. 98-31, 9 2, 8-4-98; Ord. No. 99-38, 9 1, 1-4-00) 36A and elevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans for other uses and improvements on the land related to the buildings; and Sec. 7. Planned industrial development district. A. INTENT AND PURPOSE. A planned industrial development district (PID) is established. The purpose of this district is to provide a zoning classification for light industrial development that will better satisfy current demands for light industrial zoned lands by encouraging development which will reflect changes in the technology of land development and relate the development of land to the specific site and to conserve natural amenities. Regulations for the PID are intended to accomplish a more desirable environment for industrial development in relation to existing and/or future city development, permit economies in providing public services, allow for economies of scale in industrial development, and to promote the public health, safety, convenience, welfare and good government of the City of Boynton Beach. B. DEFINITION. A 'planned industrial development": 1. Is land under unified control, planned and developed as a whole in a single development operation or an approved programmed series of development operations for industrial buildings and related uses and facilities; 2. Provides for an industrial district of efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas and developmentS; 3. Is developed according to comprehensive and detailed plans for streets, utilities, lots, building sites, etc., and site plans, floor plans 2000 S- 12 Boynton Beach Code Zoning 37 4. Includes a program for full provision, maintenance, and operation of such areas, improvements, facilities and services for common use by the occupants of the PID, but will not be provided, operated or maintained at public expense. C. MINIMUM LAND AREA FOR PID. The minimum land area for a planned industrial development shall be twenty-five (25) contiguous acres. D. UNIFIED CONTROL. All land included for purpose of development within district shall be under the control of the applicant (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PID. The applicant shall agree tO: classification, multi-family residential, and mixed use residential/commercial uses in PID's totaling a minimum of 500 acres or industrial use provided that such use or uses is/are approved by the planning and development board. In approving uses in the PID, the planning and development board shall make findings that the nsc or uses proposed will not be in conflict with the performance standards listed in Section 4.N. of these zoning regulations, and that the use or uses proposed is/are consistent with the intent and purpose of this section. For the purpose of this section, educational institution shall mean a public, quasi-public or private facility that offers instruction to students for one (1) or more of the following needs: preschool programming; tutoring; kindergarten, elementary and secondary grades schooling; higher learning for the purpose of granting degrees in a particular field and occupational or industrial, technical training. In addition, uses permitted are subject to limitations as follows: 1. Proceed with theproposed development according to the provisions of these zoning regulations and conditions attached to the zoning of the land to PID; 2. Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PID and for continuing operations and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and 3. Bind their successors in title to any commitments made under subsection D.I and 2 above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to PID classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. E. USES PERMITTED. In the PID, a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale or retail), educational institution, adult entertainment in accordance wlth Section 11.M., recreational and attractions as defined for the industrial land use 1. Outdoor storage of materials may be permitted based on a f'mding of the planning and development board that such storage does not exceed fifteen (15) per cent of the total square footage of the building site and that such storage is screened and fenced to preclude exposure to the public; and 2. All uses proposed which are listed in Section 8.A.3 shall require the issuance of an environmental review permit as set forth in Section 11.3 of these zoning regulations. Furthermore, the planning and development board may require that any other use obtain an environmental review permit, prior to being established in a particular PID. Any use approved by the planning and development board for a particular PID which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261, shall also require an environmental review permit in accordance with Section 11.3 of these zoning regulations. F. USES PROHIBITED. 1. Residential uses with the exception of accessory hotels or motels. Multi-family and mixed use residential/commercial uses are allowed in PID's with gross acreage totaling at least 500 acres. 2000 S-12 38 Boynton Beach Code 3. processing. 4. Acid manufacture. Cement and/or lime manufacture or Lumber yards. 1. Relation to major transportation facilities. A PID shall be so located with respect to major roadways or other transportation facilities as to provide direct access to it without creating or generating traffic along streets in residential areas or districts outside it. 5. Asphalt and tar plants. 6. Manufacture or storage of explosives. ?. Packing plants, canning plants or slaughter yards. 8. Petroleum storage, refining or transfer. 9. Stockyards. 10. Rendering plants or glue works. 11. Pulp or paper mills. 2. Extensions of city-maintained waterlines, sewer lines, pumping stations, streets and storm sewers, etc., shall be constructed at no.expense to the city and all such construction shall be in accordance with city ordinances and specifications. 3. Physical character of the site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended. 12. Parking of house trailers and use of such trailers as living quarters. 13. Chemical plants. 14. Fertilizer manufacturing and/or distribution. 15. Crematoriums. 16. Dyeing plants. 17. Junk and salvage yards. 18. Sanitary landfill operations. 19. Smelting and casting operations (except investment type casting). 20. Concrete mixing plants. G. LOCATIONAL STANDARDS FOR PID'S. In reaching recommendations and decisions as to zoning, land to PID the planning and development board and the governing body shall apply the following locational standards, in addition to the standard's applicable to the rezoning of land generally: H. DESIGN CRITERIA. 1. Paving. All interior paving shall comply with specifications and standards set forth and subject to the approval of the development director. 2. Off-street parking. One and one-half (1-1/2) parking spaces shall be provided for each two (2) employees on a maximum shift. In addition, visitor parking shall be provided which is deemed adequate to serve the needs of the particular use by the planning and development board. 3. Driveways. In the interest of public safety, no more than two (2) driveways shall be permitted on to any single perimeter public right-of-way, and interior driveways shall be limited to no more than two (2) per developable parcel and interior driveways shall be located no closer than one hundred and fifty (150) feet from center line to center line. 2000 S-12 39 4. Hoiel and motel density. Permitted density for hotel and mOtel development shall not exceed twenty (20) uP. its per acre. 5. Utility transmission lines, etc. All utility transmission lines, conduits, conveyances or other devices or apparatus for the transmission of utility services and products, including all franchised utilities, shall be constructed and installed beneath the surface of the ground with the exception of main overhead feeder lines.Appurtenances to these systerns which require aboveground installation shall be effectively screened, and, thereby, may be excepted from this requirement. 6. Solid waste and refuse disposal. Plans for solid waste and refuse disposal shall conform to and be approved by the city and county health departments. 7. Sanitary sewage system. Sewage system will be furnished and installed in accordance with city. standards and other pertinent city ordinances. 8. Public water system for both domestic. use and fire protection. Water systerns must be installed in accordance with city standards and other pertinent city ordinances. 9. Storm water system. When approved positive drainage is not available, on-site containment of storm water run-off shall be provided by the developer. Details of the on-site system shall be approved by the devel-opment director. 10. Access to perform necessary public services. The developer and/or owner shall dedicate to city any easement that city deems necessary for public services and said dedication shall provide that developer and/or owner shall hold city harmless for any of its acts performed within or abutting said easements if any loss or damage is caused to abutting property. 11. Off-street loading. In no instance shall off-street loading facilities front on a public right-of-way and in no event shall these facilities be located within eyesight of residential district. 12. Plot coverage. The gross floor area of the building and its accessory structures shall not exceed sixty per cent (60%) of the plot on which it is constructed. 13. Open space. Each plot to be developed shall contain a minimum of twenty per cent (20%) unobstructed, nonvehicular open space. Ail open portions of any lot shall have adequate grading and drainage, and shall be continuously maintained in a dust-free condition by suitable landscaping with trees, shrubs or planted ground cover. The design of such landscaping and the measures taken to insure its maintenance shall be subject to the approval of the planning and development board. 14. Maximum building height. No building or appurtenances thereof shall exceed forty-five (45) feet in height. 15. Distance between buildings. No building stiall be constructed closer than twenty-five (25) feet to another principal building on the same lot or parcel of land. 16. District setback. Front, thirty (30) feet; side, twenty (20) feet; rear, thirty (30) feet. 17. Peripheral greenbelt. The project area shall be enclosed on all sides with the exception of accessways for traffic and freight by a landscaped area with a minimum width of twenty-five (25) feet except when such property abuts a residential district such greenbelt shall have a minimum width of forty (40) feet. It shall be the responsibility of the owner or developer to carry out this requirement, and to provide such maintenance or guarantee of maintenance, subject to planning and development · board. I. PROCEDURES FOR ZONING LAND TO PID. The procedure for zoning land to the PID classification shall be the same as for zoning land generally. Because of the differences in PID developments and the concept of unified control in development, the following procedures and requirements shall apply to applications for zoning to 1997 S-5 40 Boy, ton Beach Code the PID classific~ion in addition ~o the general requirements. 1. Applications;materials to be submitted. In addition to information required for application for zoning generally, the applicant shall submit the following materials or data: a. Legal documents assuring unified contwl of 'the proposed PID and the agreements required under subsection D. comaining: A master site developmen~ plan (1) The title of the project and the names of the professional project planner and the developer; (2) Scale, date, north arrow, and general location map; (3) Boundaries 'of the property involved, all existing streets, buildings, watercourses, easements, section lines and other existing imp0nant physical features in and adjoining'the project; (4) Site plan of locations of land uses including bm not limited to industrial areas, gre. enbelts and proposed rights-of-way; (5) Master plan showing access and traffic flow; and (6) Tabulations of total gross acreage in the development and the percentages thereof to be devoted to the various land uses. Repealed by Ord. No. 78-3'/, § I. PLANNING AND DEVELOPMENT BOARD FINDINGS. After public hearing, the planning and.development board may recommend to the governing body that the PID zoning be granted, subject to stated stipulations and conditions, or disapproved. In making its recommendations, the planning and development board shall f'md that the plans, maps, and documents submitted by the applicant and presented at the public hearing do or do not establish that the applicant has met the requirements of subsection I of these regulations applicable to zoning generally, and in addition: 1. The requirements of unified control and agreements se~ out in subseaion D; 2. The locational standards se~ out in subsection G; 3. The inIernal PID standards' se~ out in subsection H; 4. The tract for the proposed PID is suitable in terms of its relationships to the city comprehensive plan and that the area surrounding the' proposed PID can continue to be 'developed in coordination and substantial compatibility with the PID proposed. K. CONDITIONS AND STIPULATIONS. In recommending zoning of land to PID classification, the planning and development board may recommend and the governing body may attach suitable conditions, safeguards, and stipulations, in accord with standards set out in these zoning regulations and in this section. The conditions, safeguards and stipulations so made at the time of zoning to PID shall be binding upon the applicant or his successors in interest. Deviations from approved plans except in the manner herein set out or failure to comply with any requirement, condition, or safeguard, shall constitute a violation of these zoning regulations. It is intended that no conditions, safeguards or stipulations be required which are not within the standards set out in these zoning, regulations and in this section and that conditions, safeguards, and stipulations be clearly related to the ends and objectives of these zoning regulations and this section. L. TIME LIMITATION FOR COMMENCING · PLATTING. a. Following City Commission approval of an application for the zoning of lands to P.I.D., the property owner shall commence platting of the property within eighteen (18) months of the date of commission approval. For the purposes of this section, the commencement of platting shall mean the filing of a plat by the developer with the city. Zonin~ 41 b. If platting procedures are not commenced within the eighteen-month time period provided for herein, then the approval of rezoning shall be subject to review by the City Commission. The commission shall direct staff to submit to the City Commission an application which will down zone the property to the original or appropriate zoning district. Following such direction by the City Commission, no new development permits affecting the property shall be issued by the city until a final determination is made by the City Commission following-notice and public hearing. c. Upon written request by the applicant prior to the expiration of the eighteen-month time period provided for herein, the City Commission makes the time period for commencement of platting procedures by a maximum of twelve (12) additional months. In granting such extension, the City Commission may impose additional conditions as it deems necessary to ensure completion of the platting process and to conform the project to current development standards or, which are necessary to preserve the health, safety, and welfare of adjacent communities or developments. d. Nonsubstantial changes in plans as determined by the City Commission shall not extend the time periods provided for herein. M. PLATTING, SITE DEVELOPMENT PLANS AND BUILDING PERMITS. 1. Platting. Following the zoning of land to PID, plans and engineering drawings shall be submitted to the city in accordance with procedures established in city ordinances. The proposed plat shall be in substantial compliance with the approved master development plan submitted as part of the application for zoning to PID. Phasing of the development of the PID shall be permitted if the proposed plats(s) provide for reasonable continued development in accordance with the approved master plan. 2. Site development plans. Site development plans shall be submitted in seven (7) copies along with an application provided by the city planner and a fee as adopted by resolution of the City Commission. These site development plans shall include but not be limited to the data and materials required in Chapter 4 of the Land Development Regulations. Furthermore, these site development plans shall reflect the design criteria cited in subsection H above. 3. Permits. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 5 of the Land Development Regulations are completed in every respect. N. PLAN MODIFICATION. Master plans approved during the process of rezoning to PID may be considered for modification upon application to the director of planning and zoning, submission of acceptable documemation, and payment of the master plan modification fee. The modification will be first reviewed by the planning and zoning department to determine whether the modification is consistent with not only all current regulations but also the intent and purpose of the comprehensive plan; and to determine whether the change is substantial. Upon completion of the administrative review, findings will be forwarded to the planning and development board which will review all submitted documents as well as staff comments with all the authority, functions, powers and duties vested in it by Chapter 1.5, Article I, Section 4 of the Land Development Regulations. The planning and development board shall recommend to the City Commission that they approve the modification unconditionally, approve the modification with conditions and/or recommendations, or deny the modification. The board shall also recommend to the City Commission that the modification be considered either major or minor. Upon completion of the planning and development board review, findings will be forwarded to the City Commission. The City Commission will first determine whether the modification is major or minor. If the Commission finds the modification to be major, the request will be returned to the applicant for processing as a new zoning application. The determination of what constitutes a substantial change shall be at the sole discretion of the Commission. If the Commission determines that the modification is minor, it will review all submitted documents as well 1997 S-5 42 Boynton Beach Code as staff comments and planning and development board recommendations. The City Commission may then approve the minor modification unconditionally, approve the minor modification with conditions, or deny the minor modification. Non-substantial (minor) modifications will not extend time limitations for development of property as sti :ted in LDR Chapter 2, Section 9, paragraph C13. O. ZONINO ADMINISTRATOR. Building permits~ No building permit or certificate of occupancy or zoning compliance shall be issued in or for development in a PID district except in conformity with all provisions of the zoning to PID classifications and plans submitted under subsection M of these zoning regulations. (Ord. No. 96-51, § 4, 1-21-97; Ord. No. 00-03, §§ 1, 2, 3-2I-O0) (3) Textile products, apparel, and clothing accessories, manufactured from purchased fabric and materials, excluding spinning, weaving, knitting, dyeing, or treating of textile mill products. including premises. (4) Sailmaking and canvas goods, retail sale of goods manufactured on (5) Leather cutting and stamping; fabricated leather products. (6) Furniture, cabinets, and wood fixtures, with gross floor area of shop not greater than two thousand (2,000) square feet. (7) Blind, shutter, shade, and awning fabrication from wood, plastic, fabric, canvas, or finished metal pieces. M-I industrial district regulations and use provisions. A. M-1 INDUSTRIAL DISTRICT. (8) Converted paper .and paperboard products, limited to cutting, stamping, folding, laminating, lining, coating, and treating of purchased paper, paperboard, foil, sheet, or film materials. 1. Permitted uses, no distance requirement. Within any M-I industrial district, no building, structure, land or water, or any part thereof shall be erected, altered or used, in whole or in part, for other than one or more of the following specified uses; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require an environmental review permit under Section 8.A.3., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. No distance requirement other than district setback regulations shall apply for the following uses: a. Manufacturing, fabrication, and processing as follows: (1) Bakery products. (2) Ice and dry ice. (9) Stone cutting and finishing. goods. (10) Statuary, ornaments, and art (11) Glass and glass products. (12) Ceramic, pottery, and pomelain products, using only previously pulverized clay, and using kilns fired only by electricity or gas. (13) Investment casting. (14) Machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and materials. (15) Electrical and electronic goods, limited to assembly of parts and materials. (16) Plastics, rubber, or fiberglass products, limited to cutting and assembly of parts and materials. 2000 S-12 .' Zoning 42A =- (17) Precision instruments, optical equipment, photographic equipment, and clockwork devices. equipment. (18) Medical and dental (19) Household goods and other small items such as jewelry, lapidary goods, personal articles, toys, amusement devices, sporting goods, musical instruments; stationary, office, and art supplies; advertising specialties, novelties, ornaments, notions, cookware, and flatware. (20) Fruit packing and shipping. (21) Artist and craftsman shops, excluding retail display or sales on premises. b. Commercial services as follows: (1) Industrial,commercial, office and professional equipment; service, repair, and rebuilding, excluding uses specifically prohibited in Section 8.A.5. (2) Household goods; service, repair, and rebuilding, excluding display or sale of any new, used, or rebuilt merchandise at retail on . premises, unless specifically allowed in accordance · with Sections 8.A.l., 8.A.2., 8.A.3., or 8.A.4. (3) Furniture and antique upholstery, covering, and repairing. services. (4) Steam and pressure cleaning 1997 S-5 42B Boynton Be~ch Code 43 (5) Septic tank, sewer, and drain cleaning and repair services, excluding storage, treatment, transfer, dumping, or disposal of waste on premises, provided that trucks used for the transport of waste shall be parked and stored in conformance with the minimum distance requirement specified in Section 8.A.2. (6) Packaging and labeling services, excluding handling of materials prohibited in Section 8.A.5. (?) Lawn, garden, and tree maintenance services; landscaping contractors. (8) Rec~Srding and motion picture studios. (9) Catering and food services. (2) Industrial, commercial, office, professional, and business machinery, equipment, fixtures, tools, and supplies, excluding uses specifically prohibited in Section 8.A.5. (3) Household goods; storage, wholesale and distribution only; retail display or sales shall be prohibited unless specifically allowed in accordance with Sections 8.A.1., 8.A.2., 8.A.3., or 8.A.4. (4) Building materials, home improvement stores, lumber, door and window hardware, shades, shutters, blinds, and awnings; fencing, roof'mg, flooring, caxpeting, tile, hardware, tools, paint, wallpaper, shelving, cabinets, furniture, partitions, kitchen and bathroom fixtures, pools and spas, glass and mirrors, plumbing and electrical supplies, and the like, including retail sales. laboratories. (10) Data processing services. (11) Research and development (5) Finished concrete, brick, clay, and stone building and paving materials; sewer and water pipe, and culvert; storage, distribution, wholesale or retail sales. laboratories. (12) Commercial testing laboratories. (13) Medical and dental (14) Upholstery and carpet steam cleaning businesses. (6) Pumps, generators, motors, fire protection equipment, and irrigation equipment, including retail sales. (7) Heating, cooling, ventilating, refrigeration, solar energy, water conditioning and heating systems and equipment, and major appliances, including retail sales. exterior storage. (15) Towing companies with retail sale. (8) Pre-fabricated sheds, including conditional use to recycling facility. (16) Vegetation recycling as a a solid waste operating and (9) Nurseries, greenhouses, lawn and garden equipment, tools, and supplies, including retail sale. c. Storage, distribution, and wholesale uses; retail display and sales shall be prohibited unless specifically allowed in Sections 8.A.l., 8.A.2., or 8.A.3. (1) Warehouses, self service storage facilities (mini-warehouses) in accordance with Section 11.O storagelockers, and cold storage, excluding uses specifically prohibited in Section 8.A.5. (10) Monuments and gravestones, including retail sales. (I1) Feed and farm supplies, excluding uses specifically prohibited in Section 8.A.5. (12) Trucks, buses, farm equipment, construction machinery, and utility 1996 S-I 44 Bo~to~ Beach ~ode trailers, including retail renting and sales. (13) Passenger vehicles, boats and pickup trucks, excluding any retail sales or display, and excluding the keeping of vehicles in violation of Chapter 10, Article HI of the City of Boynton Beach Code of Ordinances. (14) Automobile, vehicle, and boat pans, accessories, furnishings, and supplies; retail sales or display shall be prohibited as a principal use and shall be permitted only as an ac- cessory use to repair, service, rebuilding, or instal- lation services, where such services lawfully exist. (15) Mobile~ homes, limited to areas west of Interstate 95. retail sales. (16) Ice and dry ice, including (17) Live fish. d. T_ransportation,. communication, utilities, and miscellaneous uses as follows: (1) Utilities, communications facilities, government, and public utilities shops and storage areas, police and fire stations, excluding uses specifically prohibited in Section 8.A.5. (2) Package express and messenger service. (3) Railroad switching yards, freight stations and terminals, storage facilities, and shops. (4) Recycling pick-up facilities for paper, glass, and cans from households. (5) Trade and industrial schools. (6) Radio or microwave receivers or transmitting towers, as an accessory use to a lawful principal use. (7) Ambulance dispatch service. (8) Community centers, operated by non-profit organizations, provided that no more than 40 % of the floor space is devoted to office use. (Ord. No. 96-03, § 1, 3-19-96) 1996 5-2 2. Permitted uses subject to distance requirement. Within any M-I industrial district, no building, structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part for any of the following uses, unless a minimum distance of three hundred (300) feet is maintained between the use and residential-zoned property. Said distance shall be measured along a straight airline route from the property line of residential-zoned property to the building or portion of the lot where the specified use is located, except that those portions of the lot or structure which are located within the minimum distance may be used for lawful uses other than the uses listed below, subject to district building and site regulations. Any use or process that would require an environmental review permit under Section 8.A.3., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. a. Manufacturing, fabrication, and processing as follows: (1) Plastic products, limited to forming of plastics materials, including compounding of resins. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (2) Rubber products, limited to forming of rubber materials; excluding tire and innermbe manufacturing and rubber reclaiming. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (3) Machine shops, welding and metalworking shops, tinsmiths, sheet metal fabrication, blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. b. Other uses as follows: (1) Asphalt paving, patching, roofing, and sealcoating, excluding asphalt and tar plants. Zoning 4~ (2) Building cleaning and janitorial services; swimming pool maintenance services. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (3) Sandblasting on premises..- (4) Bulk storage, distribution, wholesale or retail sale of topsoil, lime, gravel, limerock, shellrock, coal, minerals, crushed rock, sand, cinders, fertilizer, and the like, limited to an accessory use to a building materials store, garden shop, nursery, contractor, or other lawful principal use. (1) Dairy products. (2) Canned, frozen, or preserved (3) Beverages and bottling. (4) Confections. (5) Prepared meat, seafood, and poultry products. (6) All other food products, not specifically permitted in Section 8.A.I. or prohibited in Section 8.A.5. (5) Trucking and transfer, and moving operations. (6) Contractors, operative' builders, and trade contractors shops and storage areas. Establishment of such uses within the minimum distance requirement specified above shall require an environmental review permit. (7) Parking or storage of trucks used for the transport of septic tank waste or other liquid wastes. (8) Adult entertainment establishments, in accordance with Section 11.M. 3. Uses requiring environmental review permit. Within an M-I industrial district, no building, structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part, for any of the following specified uses, unless an environmental review permit is secured in accordance with the standards and procedures set forth in Section I 1.3; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.~. shall fully comply with the provisions of those sections, where applicable. a. Manufacturing, fabrication, and processing as follows: (7) Furniture, cabinets, and wood fixtures, with gross floor area of shop of greater than two thousand (2,000) square feet. (8) Printing, publishing, bookbinding, engraving, and allied industries. products. (9) Pharmaceuticals and biological (10) Cosmetics. (11) Plastics products, limited to forming of plastics materials, including compounding of resins, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. (12) Rubber products, limited to forming of rubber materials, and excluding tire and innertube manufacturing and rubber reclaiming, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. repair, repair. (13) Fiberglass fabrication and including fiberglass boat fabrication and (14) Machine shops, welding and metalworking shops, tinsmith, sheet metal fabrication, and blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use, where Boynton Beach Code such uses would be established within the minimum distance requirement specified in Section 8.A.2. (15) Electrical and electronic goods involving processes other than assembly of parts or materials. equipment, and machinery. (16) Vehicles, tranaponation boats; farm and construction (17) Mobile homes, provided that such uses shall be located west of Interstate 95. (18) Plated ware manufacture; industrial electroplating and anodizing as either a principal or accessory use; replating shops. (7) Print shops, photographic laboratories, commercial photography~ commercial an, silkscreening, lithography, typesetting, and blueprinting services. (8) Uniform, towel, and linen supply services; industrial launderers; laundry and dry,clesning plants, excluding retail pickup and drop-off on premises; carpet and rug cleaning plants. (9) Tire recapping. (10) Building cleaning and janiwfial services and swimming pool maintenance services, where such uses would be located within the minimum distance requirement specified in Section 8.A.2. (19) Chemical cleaning and etching of metals, limited to an accessory use to a lawful principal use only. b. Commercial services and contractors, as follows: (1) Concrete contractors and pumping service, excluding concrete plants. (2) Contractors, operative builders, and trade contractors shops and storage areas, where such uses would be established within the minimum distance requirement specified in Section 8.A.2. (3) Automobiles, buses, trucks, and other motor vehicles; construction and farm equipment; service, repair, rebuilding, and storage, exclud'mg the keeping of vehicles in violation of Chapter 9, Article IH, of the City of Boynton Beach Code of Ordinances, and excluding automobile service stations selling motor fuels at re~il. (4) Boat storage, service, repair, rebuilding, and customizing. and refinishing. (5) Furniture cleaning, stripping, (6) Exterminating, fumigating, and disinfecting services. c. Storage, distribution, wholesale, and other uses, retail display and sales shall be prohibited unless specifically permitted below or elsewhere in this section. (1) Petroleum and petroleum products, including solvents and liquified petroleum gas; bulk or nonbulk storage, sales, or distribution. (2) Chemicals, pesticides, and herbicides, excluding bulk storage, bulk sales, or bulk distribution. (3) Bulk or nonbulk wholesale or retail sale of solvents and cleaning preparations, including formulating of cleaning preparations for sale on premises. (4) Industrial and medical gases; bottled or bulk storage, sales or distribution, excluding chlorine, fluorine, ammonia, hydrogen sulphide, sulphur dioxide, or toxic gases. (5) Tempora~ amusement parks and rides, fairs, carnivals, circuses, and revivals, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road and the major access thereto, and that the duration of any such use shall not exceed fourteen 04) consecutive days within any one-year period. d. Miscellaneous uses, as follows: (1) Any use which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261. 4. Conditional uses. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered, or used, in whole or part, for one or more of the following uses, unless a conditional use approval is secured according to the standards and procedures set forth in. Section 11.2 of these zoning regulations; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require an environmental review permit under Section 8.A.3., or would be prohibited under Section 8.A.5., shall fully comply with the provisions of those sections, where applicable. a. Manufacturing, fabrication, processing, and extraction as follows: (1) Grain and feed products; crop processing. (2) Vegetable fats and oils. (3) Distilling and brewing. (4) Seafood processing. (5) Slaughtering and revxlering of meat and poultry processing, and dressing, from carcasses. (6) Stockyards and feeding pens; keeping, raising, or slaughter of livestock, horses, or poultry. a. Millwork and truss plants, provided that such uses conform to the minimum distance requirement specified in Section 8.A.2. b. Commercial television, radio and microwave broadcasting or relay towers. c. Arenas, stadiums, frontons, convention and exhibition halls, and racetracks, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road, and shall have the major access thereto. d. Helistops, limited to an accessory use to a lawful principal use. e. Cutting of sub-primal portions of meat and pre-cut poultry into serving portions including packaging and shipping where pre-cut portions (entering the facility) will not exceed 10 pounds and waste generated will not exceed 1% of pre-cut product. 5. Prohibited uses. Within any M-1 industrial district, no building structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part, for any use not specifically allowed in accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or 8.A.4. of these zoning regulations, or for any of the following expressly prohibited uses: (7) Rendering of animal or marine fats, oils, and other products; use of unprocessed bones, fat, hooves, horns, or other unprocessed animal products for the production of glue, soap, lard, oils, or fertilizer. (8) Sugar processing and refining. (9) Commercial production of field or tree crops. (10) Leather tanning, curing, finishing, and coloring; storage of raw hides or skins. (11) Tobacco processing and tobacco products manufacturing. (12) Weaving, spinning, knitting, dyeing, or treating of textile mill products. (13) Pulp mills; paper and paperboard mills; converted paper and paperboard products not specifically permitted in Section 8.A. 1.a.(8) of these zoning regulations. (14) Chemicals and allied products not specifically allowed elsewhere in this section. (15) Wood preserving, pressure treating, and drying. 2000 S-12 48 Boynton Beach Cod~ (I6) Fertilizer, herbicides, and agricultural chemicals. pesticides, (31) Coal or coke fired kilns and furnaces; coke ovens. (17) Explosives, ammunition, matches, and fireworks. (18) Petroleum refining. (32) Mining or quarrying, including removal of rock, sand, muck, marl, soil, gravel, or shellrock, except as incidental or necessary for construction on the premises. coal products. (19) Petroleum, asphalt, tar, and (20) Plastics, manufacturing of resins, primary plastics materials, synthetic rubber, cellulose, and synthetic fibers. (21) Rubber, manufacture of primary rubwr materials, tires and irmertubes, and rubber reclaiming. (33) Aerosol filling and packaging. (34) Liquid, oil, or chemical electric tramformers, manufacture or rebuilding. b. Storage, distribution, wholesale, retail, and services, as follows: (1) Any retail display or sale, not specifically allowed elsewhere in this section. (22) Soaps, detergents, and cleaning preparations, other than mixing or blending. (23) Paints, varnishes, lacquers, enamels, and allied products, other than mixing or blending. (24) Cement, concrete, gypsum, lime, and plaster manufacture, and products made therefrom, other than those uses specifically permitted in Section 8.A. 1.a. (25) Brick, firebrick, terra cotta, clay pipe, structural clay tile, and refractories. (26) Asbestos products. (27) Processing of rock, sand, gravel, sbellrock, limerock, mineral earths, and the like~ (28) Primary metals manufacturing; smelting, refining, mills, furnaces, and foundries, except as specifically allowed in accordance with Sections 8.A. 1., 8.A.2., or 8.A.3. (2) Farmers' markets. (3) Flea markets, sales-bs?aars, swap shops, trading posts, and the like; sale or display of used retail merchandise, other than completely rebuilt or refinished merchandise where such uses woUld be allowed in accordance with Section 8.A. 1. (4) Crematoriums and the like. (5) Explosives, ammunition, matches, and fireworks. (6) Bulk storage, bulk distribution, or bulk sale of chemicals and allied products. (7) Compressed chlorine, fluorine, ammonia, hydrogen sulphide, sulfur dioxide, or toxic gases. (8) Bulk storage, bulk sale, or bulk distribution of pesticides, herbicides, or agricultural chemicals. (29) Drop forging. (30) Chemical cleaning or etching of metals as a principal use, or any chemical descaling of metals. 2000 S-12 (9) Offices or restaurants, except as an accessory use to a lawful principal use. chemical pest, services. (10) Agricultural fertilizing, and disease, weed, or soil treatment (11) Truck stops or automobile service stations. (12) Boarding kennels; guard dog kennels and training services. (13) Any open storage or display, unless adequately screened, except that growing plants which are stored or displayed shall not require screening. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use allowed elsewhere in this section, and shall be adequately screened. Furthermore, the open storage of farm tractors and implements, shovels or cranes, and special mobile equipment as defined by Section 316.003, Florida Statutes shall be. adequately screened. c. Transportation, communication, utilities, and miscellaneous uses as follo, ws: (1) Chemical and toxic waste storage or disposal; tank truck cleaning. (2) Land fill operations. (3) Airports, airfields, and landing strips. (4) Heliports. (5) Residences and trailer parks; use of vehicles or house trailers as living quarters. (6) Storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials, except as specifically allowed elsewhere in this section. (7) Recycling sorting or processing facilities. (8) Animal disposal facilkies. (9) Incinerators of any type. 6. Building and site regulations: Minimum lot area Minimum lot frontage 10,000 square feet None 2000 S=12 Minimum front yard 15 feet* Minimum side yard (interior) 15 feet one side Minimum side yard (comer) 15 feet street side Minimum rear yard 20 feet** Maximum lot coverage 60 percent Maximum height 45 feet, not to exceed 4 stories *Except where rear of the lot abuts a paved alley or street, then no side setback shall be required. **Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (10) feet. Note: Where lots abut a residential area, the corresponding side and/or rear setback shall be a minimum of thirty (30) feet. All necessary roof-mounted mechanical equipment shall be sound baffled. 7. Off-street parking. As provided in Section 11.H. hereinafter. (Ord. No. 95-23, § 1, 8-15-95; Ord. NO. 95-24, § 4, 8-15-95; Ord. No. 0004, §§ I, 2, 44-00) Sec. 9. A~tration and enforcement. A. BUILDING PERMITS REQUIRED. No structure or building shall hereinafter be erected or structurally altered until a building permit has been issued by the development director. All buildings, structures, and uses of land shall comply with the regulations of this ordinance and with all applicable building and health laws and ordinances. Each application for a building permit shall be accompanied by a survey in duplicate, drawn to scale, showing the actual dimensions of the lot or lots to be built upon, the size' of the building or structure to be erected or structurally altered, its location on the lot or lots, and such other information as may be required as to provide for the enforcement of these regulations. B. CERTIFICATE OF OCCUPANCY. No building or structure hereafter erected or structurally altered shall be issued a certificate of occupancy until the development director makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this ordinance, and of all other applicable ordinances. 5O Boynton Beach Code C. COMPREHENSIVE PLAN AMENDMENTS: REZONINGS. 1. Intent. These zoning regulations may from time to time be amended, supplemented, or repealed. It is the intent of this subsection that the planning and development board serve as an advisory body to the City Commission with respect to such amendments, in the manner herein set forth. All proposed amendments shall be evaluated by the planning department, planning and development board, and City Commission for consistency with the comprehensive plan and shall not be approved unless found to be consistent with. ;~e, comprehensive plan. It is also the intent of this subsection that all rezoning shall be in accordance with and serve to implement the Local Government Comprehensive Planning and Land Development Regulation Act. It is intended that the applicant for a rezoning provide information which is sufficient to determine whether the proposed rezoning is consistent with the comprehensive plan. It is further the intent of this subsection that, pursuant to Sections 163.3194, 163.3197, 163.3201, 163.3202, Florida Statutes, the materials submitted by the applicant may be imposed by the City Commission as requirements or limitations with regard to subsequent development of the property, and that the City Commission may impose any other requirements or limitations, in order to ensure that development of the property is consistent with the comprehensive plan, and ensure that impacts created by the development are mitigated. This subsection shall apply to all rezoning applications, and all revised master plans in the case of planned zoning districts, which are submitted after the effective date of the ordinance containing this subsection. 2. General procedures. a. Applications for amendments to the official zoning map shall follow the procedure set forth in paragraph 3 through 15 below, with the following exceptions: (1) Where an ordinance to rezone is initiated by the city pursuant to adoption of the comprehensive plan in its entirety, an entire plan element, or an evaluation and appraisal report the following exceptions shall apply: (a) Where the ordi~nce to rezone would cover a total area exceeding five (5) percent of the area of the city, only the requirements set forth in paragraphs 3., 4.a.(4), 4.a.(5), 4.a.(6), 6., 8.a., 9., 10., 12., 14., and 15. shall apply; however where the ordinance to rezone should cover a total area exceeding five (5) percent of the area of the city and is accomplished through the adoption of a new official zoning map, the requirements of paragraphs 4.a.(4), 4.a.(5) and 4.a.(6) shall not apply. (b) Where the ordinance to rezone would cover a total area which is equal to or less than five (5) percent of the area of the city, only the requirements set forth in paragraphs 3, 4.a~(4), 4.a.($), 4.a.(6). 4.e., 4.f., 6., 8., 9., 10., 12., I4., and 15. (2) The requirements contained in paragraph 7. below shall not apply for rezonlngs which do not require an amendment to the future land use map and where the subject parcel is unplatted, and shall not apply where rezonlng is requested in conjunction with an application for annexation, and the rezoning would be consistent with the Palm Beach County Comprehensive Plan, or where the proposed zoning would be consistent with zoning or land use recommendations contained in the City of Boynton Beach Comprehensive Plan for the subject parcel. All annexation applications shall, however, be reviewed by the planning department with respect to the annexation policies contained in the comprehensive plan. Where a rezoning application would occur pursuant to an amendment to the future land use map, the two (2) applications shall be processed simultaneously a~ a single application, except where provided for otherwise by Chapter 1.5, Section 7.C of the City of Boynton Beach Land Development Regulations. The procedures set forth in this paragraph shall also apply for applications to amend the future land use plan, except where such amendments would be included as part of the adoption of the comprehensive plan on a plan in its entirety, or the adoption of an evaluation and appraisal report. Therefore, "rezoning' shall be construed to include "future land use map amendment" in this subsection, unless a specific Zoning 51 distinction is mi[de between the two terms. b. For amendments which would change the type of uses allowed within particular 'zoning districts or land use categories, or would otherwise change the permitted uses of land, where such amendments would occur pursuant to an amendmem to the comprehensive plan, the two amendments shall occur simultaneously, except where provided for otherwise by Chapter 1.5, Section 7.D of the City of Boynton Beach Land Development Regulations. c. The procedure fOr amending all other provisions contained in the zoning regulations shall be the same as the procedure for ordinance adoption generally, as set forth in Florida Statutes and the City of Boynton Beach Codes and Regulations. 3. Initiation of amendments. Amendments to the zoning regulations and the future land use plan shall be initiated only by the City Commission, the planning and development board, or by the petition of the owners of not less than fifty-one (51) percent of the area involved in the amendment. For amendments which are initiated by the City Commission or planning and development board, the documents, letters of consent, and information specified in paragraphs 4.b., 4.c., 4.d., 4.h.(2), and 4.h.(3) below shall not be required. For amendments which are initiated by less than one hundred (100) percent of the property owners of the area involved in the amendment, such documents and letters of consent shall be required only for property owners who have signed the petition for the amendment. 4. Materials to be submitted with applications. The following materials shall be submitted, in the number of copies specified by the planning director: a. An application, on the forms provided by the planning department. Such application shall include, at a minimum, the following information: (1) The name, address, and phone number of all owners, applicants, and agents. (2) A statement of the applicant's interest in the development of the property. (3) Intended use of the site. (4) Existing zoning district and proposed zoning district. (5) Existing category shown on the future land use map, and proposed category. (6) Legal description of property which is the subject of the application. (7) Street address or location of the subject parcel. (8) Area of the subject parcel, to the nearest hundredth (1/100) of an acre. b. A copy of the last recorded warranty deed. c. The following documents and letters of consent: (1) If the property is under joint or several ownership: A written consent to the application by all owners of record; and (2) If the applicant is a contract purchaser: A copy of the purchase contract and written consent of the owner and seller; and (3) If the applicant is represented by an authorized agent: A copy of the agency agreement, or written consent of the applicant; and (4) If the applicant is a lessee: A copy of the lease agreement, and the written consent of the owner; and (5) If the applicant is a corporation or other business entity: The name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. d. A sealed boundary survey of the Boyfiton Beach Code subject parcel by a surveyo~ registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the planning department, and containing the following information: (1) An accurate legal description of the subject parcel. (2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. (3) A tree survey, which conforms to the requirements of the City of Boymon Beach Tree Preservation Ordinance. This requirement may be waived by the planning director where found to be unrelated to the land use or zoning issues involved with the application. e. A complete certified list of all property, owners, mailing addresses, and legal descriptions for 'all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county court house shall be furnished by the applicant. Mailing labels or addressed envelopes, and postage shall also be provided. Said list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said list is complete and accurate. f. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. g. A statement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. h. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created under existing zoning. The maximum number of dwellings, square footage, or intensity allowed by the proposed zoning district shall be used to estimate impacts, unless specific limitations on the number of dwellings, density, or intensity are proposed by the 1997 S-5 applicant. This comparison shall include the following: (1) A comparison of the potential square footage or number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. (2) A statement of the uses that would be allowed in the proposed zordng or development, and any particular uses that would be excluded. (3) Proposed timing and phasing of the development. (4) Applications for rezoning to commercial or industrial zoning districts which exceed one (1) acre in area shall provide projections for the number of employees. An estimate of the number of employees shall not be required, however, for applications which are initiated by the city. (5) A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvement that would be necessary to accommodate such traffic movements. For proposed developments which would generate over three thousand (3,000) vehicle trips, per day; or over two hundred fifty (250) single-directional vehicle trips within a one-hour period; or developments in the hurricane evacuation zone of the city containing over 100 dwelling units, a traffic impact analysis shall be required. Said traffic impact analysis shall include projected trip generation for the development, for all major roadways and intersections within one and · one-half (1.5) miles of the subject parcel, as well as traffic that would utilize local streets through residential zoning districts. Said traffic impact analysis shall compare traffic levels between the existing zoning and the proposed zoning or development of the subject parcel, and shall take into consideration all development that would be possible under the current zoning within the city, adjacent cities, and within the unincorporated area of Palm Beach County within a radius of five (5) miles. For those parcels lying in the unincorporated area of Palm 53 Beach County, ~Which .are not currently zoned for urban land uses, the potential land uses according to the Palm Beach County Comprehensive Plan shall be used. Where said parcels are shown on the Palm Beach County Comprehensive Plan under residential land use categories, the midpoint of the density range shown on County Comprehensive Plan .shall be used. Where a county-wide study of traffic generation at build-out has been adopted or is utilized by Palm Beach County, the levels of traffic that are projected by said study shall in all cases be used to project background traffic in the traffic impact analysis submitted by the applicant. The format and standards used in the traffic impact analysis shall be the same as those which are required by Palm Beach County, with the exception of the r~quirements listed above. Such traffic impact analysis shall include recommendations for the mitigation of traffic impacts, consistent with the standards which have been adopted by or are utilized by Palm Beach County. Traffic Impact Analyses required for developments within the hurricane evacuation zone must also include an evaluation of the effect of the development on hurricane evacuation times. (6) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless different standards are justified by a registered engineer. Commitment to the provision of improvements to the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. (?) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the'proposed zoning or development with that which would be generated under the existing zoning. Sewage flows shall be estimated using'the standards adopted by the Palm Beach County Health Depa[hnent for estimating such flows, unless different standards are justified by.a registered engineer. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would 1997 S-5 be inadequate to serve development under the proposed zoning. (8) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected population under the existing zoning. Population projections according to age groups for the proposed development shall be required, where more than fifty (50) dwellings or fifty (50) sleeping rooms in the case of group housing, would be allowed under the proposed zoning. (9) At the request of the planning department, planning and development board, or City Commission, the applicant shall also submit proposals for minimizing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and b~,~rds associated with development under the proposed zoning, as well as proposals for mitigation of nuisances and Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the performance standards contained in the city's zoning regulations and the standards contained in the city's noise control ordinance. Also, statements concerning the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the plarming and development board or City Commission, the applicant shall also state the type of construction and architectural styles that will be employed in the proposed, development. (10) At the request of the planning department, planning and development board, or City Commission, the applicant shall also submit the following information: (a) OfficialsoiIconservation service classification by soil associations and all areas subject to inundation and high ground water levels. grade elevations. (b) Existing and proposed 54 Boynton Beach Code water bodies. (c) ExiSting or proposed (d) Form of ownership and form of organization to maintain common spaces and recreational facilities. (e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas, school sites, and other public improvements or dedications as may be required. (11) For rezoning to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted. __ 5. Fees. Fees shall be paid at the time that the application is submitted, according to the fee schedule adopted by the City Commission by resolution or ordinance. 6. Processing by planning department. The planning department shall receive all applications, review such applications for completeness, and transmit copies of such applications to the city clerk for public notice and/or notification of surrounding property owners. The planning department shall set a public hearing date before the planning and development board, in accordance with the schedule adopted by the City Commission. The planning department or City Commission may specify certain periods of time during which applications must be submitted. 7. Report and recommendations by the planning department. The planning department shall evaluate applications with respect to the following' criteria: a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including, but not limited to, a prohibition against any increase in'dwelling unit density exceeding 50 ir., .'~e hurricane evacuation zone without written approval of the Palm Beach County Emergency Management Division and the city's risk manager. The planning department shall also recommend limitations or requirements which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. c. Whether changed or changing conditions make the proposed rezoning desirable. d. Whether the proposed rezonmg would be compatible with utility systems, roadways, and other public facilities, e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent and nearby properties. and economically zoning. Whether the property is physically developable under the existing g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The planning department shall transmit its findings and recommendatiOns, together with the application and materials submitted by the applicant · in paragraph 4.g. and h.(1) through h.(10) above to the planning and development board. The planning director may also solicit the comments of the technical review committee members, with respect to consistency of the~ proposed zoning with comprehensive plan policies and with respect to other 1997 $-5 Zoning 55 city policies and code-reqUirements, and transmit same to the planning and development board. 8. Public notice and notice to surrounding property.owners. a. Applications for rezoning and(or land use amendments shall be advertised consistent with applicable requirements of Florida Statutes. b. Where required in Section 9.C.2.a. above, owners of properties within four hundred (400) feet of the subject parcel shall be notified as to the nature of the application, and the address or location of the property, and the time, date, and place of the" initial planning and development board and City Commission hearings. Said notification shall be by regular mail and shall be postmarked not less than thirty (30) days prior to the hearing before the planning and development board. 9. Action by planning and development board. The plar~ning and development board shall conduct a public hearing, consistent with.applicable requirements of Florida Statutes. After conducting the public hearing, the board shall recommend to the City Commission either that the application be approved, approved subject to modifications, or denied. The planning and development board shall base its recommendation upon findings, which may be based on the report by the planning department, or may be based on the materials submitted by the applicant. If the planning and development board votes to recommend approval of the rezoning, such findings shall include a statement that the proposed rezoning is consistent with the comprehensive plan. Where the board recommends limitations or requirements as conditions of rezoning, for other than planned zoning districts, the board shall also include a finding that such limitations and requirements are necessary for consistency with the comprehensive plan. 10. Action by City Commission. The City Commission shall conduct a public hearing, consistent with applicable requirements of Florida Statutes. After conducting the public hearing, the City Commission shall either vote to approve the application, 'approve the application subject to modifications, or deny the application. The City Commission may not approve any rezonmg which increases residential density when the projected water and sewer demand exceeds the estimates assumed in the comprehensive plan of the city, Goal 3C Potable Water. The City Commission shall base its action on findings, which may be based on the recommendations of the planning and development board, the report by the planning department, or the materials submitted by the applicant. If the City Commission votes to approve the rezoning, such findings shall include a statement that the proposed rezoning is consistent with the comprehensive plan. The City Commission may approve any zoning district, land use category, or type and intensity of use which is the same as or less intensive than that which was requested in the application, or which covers the same area or a lesser area than was requested in the application, provided that such area does not extend beyond the property described in the application. The City Commission shall adopt an ordinance to amend the official zoning map and future land use map, in accordance with applicable requirements of the City of Boynton Beach Land Development Regulations and Florida Statutes. Where an amendment to the comprehensive plan is proposed in conjunction with an amendment to the zoning regulations, the procedure set forth in Section 163.3184, Florida Statutes, for review of such proposed amendments by the state shall also be complied with. Where the City Commission votes to impose limitations or requirements as conditions of rezoning, for other than planned zoning districts, the City Commission shall also include finding that such limitations and requirements are necessary for consistency with the comprehensive plan. I1. Limitation on further consideration. Within one (1) year after the date of final action by the City Commission or withdrawal of the application by the applicant, no application for like or similar zoning may be submitted, with the exception of applications which are initiated by the City Commission. 12. Limitations on changes to application, after application has been submitted. After notice of the public hearing has been published or notification has been mailed to surrounding property owners, the application may not be modified before final adoption of the ordinance to rezone, so as to include any areas 1997 S-5 $6 Boynton Beach Code outside of the parcel described on the original application, increase the number or intensity of uses, request a more intensive zoning, increase the number or intensity of uses, request a more intensive zoning, increase the height of proposed structures, increase traffic levels on local streets through residential neighborhoods, increase the floor area or number of dwellings, or substantially increase the level of any measurable impact, nuisance, or hazard, compared to that which was shown in the original application. All such changes shall require a new application. Changes which decrease any of the impacts listed above may be requested by the applicant, recommended by the planning department or planning and development board, or required by the City Commission or State of Florida, without requiring a new application. 13. Time limitation for development of property. In the event that no site plan is submitted and site plan approval only is required, or the first plat is not recorded where platting is required, or a conforming use is not established where platting or site plan approval is not required, within eighteen (18) months, after final approval of the rezoning by the City Commission, the City Commission shall review the zoning of the property and take action as specified in paragraphs a. or b. below. The requirements of paragraph a. and b. below shall also apply where site plan approval only is required and site plan approval lapses: a. The City Commission may extend the zoning of the property for a period of one (1) year or more, or may extend the zoning of the property indefinitely. If development of the property in manner specified above does not occur by the end of said time extension, the City Commission may grant additional time extensions or may take action in accordance with paragraph b. below: b. The City Commission may instruct the city manager to file an application to a more restrictive zoning district and/or furore land use map category. The zoning of the property shall be considered to be extended until final adoption of the more restrictive zoning district and/or furore land map use category. 14. Modifications to master plans of planned zoning districts and modifications to conditions of zoning for conventional zoning districts. a. Planned zoning districts. Where such modifications are proposed for a planned zoning district, including any modifications to an approved master plan, the procedure to be followed shall be that which is specified in those respective sections of the City of Boymon Beach Land Development Regulations. b. Modifications to requirements or limitations imposed at time of rezoning, for conventional zoning districts. Where changes are proposed to the requirements and limitations which were imposed at the time of rezoning in a conventional zoning district, such changes shall require review and recommendation by the planning department and planning and development board, and approval by the City Commission, Approval of such changes shall be accompanied by a finding that such changes are in accord with all regulations and comprehensive plan policies in effect at the time of the proposed change, and that such changes are not sufficiently substantial so as to warrant a new rezoning application. The determination of what constitutes a substantial change shall be within the discretion of the City Commission, however, any proposed change that would increase the number of stories, or that would increase the amount of water consumed, the amount of sewage collected, or the amount of traffic generated by more than ten (10) percent, or that would create commercial or industrial uses where not established by previously approved zoning, or that would increase the area of property zoned, shall in all cases require a new zoning application. 15. Record of requirements and limitations imposed at time of zoning or rezoning. The planning department shall keep records of all requirements and limitations imposed at the time of rezoning and shall transmit a copy of same to the applicant, and make same available for inspection by the public. D. CIVIL ~DIES FOR ENFORCEMENT. In case any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained, or any building, structure, land, or water 1997 S-5 Zoning 57 is used in violation of this ordinance or any ordinance or other regulation made under authority conferred hereby, the proper local authorities, in addition to other remedies, may institute any appropriate action or proceedings in a civil action in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use and to restrain, correct, or abate such violation to prevent the occupancy of said building, structure, land or water, and to prevent any illegal act, conduct of business, or use in or about such premises. (Ord. No. 96-151, § 15, 1-21-97; Ord. No. 96-15 I, § 15, 1-21-97) on public rights-of-way located within the Central Business District and Community Redevelopment Area of the city so as to: a. Provide for pedestrian and driving safety and convenience; b. Restrict unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles;- Sec. 10. Reserved. c. Provide for public and property safety during severe weather conditions; Sec. 11. Supplemental regulations. A. NEWSRACK REGULATION WITHIN THE CENTRAL BUSINESS DISTRICT AND THE COMMUNITY REDEVELOPMENT AREA . 1. Definitions. For the purpose of this subsection, the folloWing definitions shall apply: a. Newsracks. Any type of unmanned device located on public property utilized for the vending of free distribution of newspapers or news periodicals. b. Public right-of-way. Any public street, highway, sidewalk, parkway or alley. c. Distributor. Any individual or business entity engaged in the dissemination of any publication utilizing a newsrack located in the City of Boynton Beach. d. Palm. Beach County Traffic Engineering Standards. Those specific standards developed by Palm Beach County, and as amended from time to time. 2. Purpose and criteria. The purpose of this chapter is to promote the public health, safety and welfare through the regulation of placement, type, appearance, servicing and insuring of newsracks d. Provide reasonable access for the use and maintenance of poles, posts, traffic signals, hydrants, mailboxes and access to locations used for public transportation purposes; e. Relocate and/or replace newsracks which result in a visual blight and/or excessive space allocation on the public rights-of-way, or which unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements, as well as to have abandoned newsracks removed; f. Maintain and protect the values of surrounding properties and prevent damage to grass right of way areas; g. Reduce unnecessary exposure of the public to personal injury or property damage. h. Treat all newspapers equally, regardless of their size, content, circulation or frequency of publication; i. Maintain and preserve freedom of the press; j. Cooperate with newspaper distributors. 3. Newsrack permit. No person shall place, affix, erect, construct or maintain a newsrack 2000 S-12 58 Boynton Beach Code on or within the public right-of-way without first obtaining a on~-tirne only certificate of compliance for each newsrack in accordance with the provisions of this subsection. The newsrack shall be of a modular style that meets the criteria set forth in this section and provide for installation that meets wind load standards as provided for in this section. 4. Application and issuance of newsrack ordinance. a. Issuing authority. The issuing authority and coordinator shall be the City Manager or his/her designee. The City Manager of his/her designee shall oversee the various depaxh~ents responsible for fairly coordinating and admires' tering the physical placement of newsracks of the type and location herein specified, and upon compliance with the criteria set forth herein, the City Manager or his/ber designee shall be responsible for the issuance of the certificates of compliance. b. Applications. The applicant shall file with the City Manager or his/her designee, a written application for the installation of a newsrack(s), which shall contain the following information: 1. The name, address and telephone number of the applicant, who is the owner and/or principal in responsible charge of the newsrack(s). 2. The name, address and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsracks. 3. The applicant shall identify the location and/or address where thc newsrack will be located. Such information should be in sufficient details so as to allow the city to precisely locate the newsrack so as to ensure that its intended location satisfies their criteria and safety standards set forth in this chapter. 4. Names of newspapers or periodicals to be distributed by the applicant at that location. 5. Type or brand of newsrack, including an illustration and description of the newsrack and mount if other than a single pedestal. 2000 S-12 c. Issuance of certificates of compliance. Upon a finding by the City Manager or his/her designee that the applicant is in compliance with the provisions of this chapter, a certificate of compliance shall be issued for installation, by the newspaper distributor in accordance with the application and the provisions of this chapter. The certificate of compliance may be subject to conditions relative to location and duration of time that the newsrack may be permitted. d. Denialofcertificateofcompliance. If a certificate of compliance for a newsrack location(s) applied for shall be denied, the applicant will be notified of the specific cause of such denial. The notice of denial will suggest alternative location(s). The applicant may reapply for substitute alternative location(s) at no additional certificate of compliance fee. For purposes of this section, a denial shall be based upon a determination by the City Manager or his/her designee, that the application has failed to comply with either the standards, criteria and/or requirements of this chapter. e. Additional newsrack certificate(s) of compliance. If at any time after initial application for a certificate of compliance, a distributor wishes to install additional~ newsracks, then the above application paragraph is to be repeated in accordance with the provisions of this section. Additional certificate(s) of compliance fee(s) shall be in accordance with this section, except that the $50.00 distributor's fee is waived if previously paid. 5. Insurance. a. Prior to the issuance of a certificate of compliance by the City Manager or his/her designee, the applicant shall furnish to the city a certificate of insurance. The certificate of insurance shall state that the City of Boynton Beach is an additional insured. b. Reasonable evidence of equivalent self-insurance coverage may be substituted by the applicant for the above certificate of insurance, Zoning 58A subject to the approval of the Risk Management Division of the City of Boynton Beach. Insurance under this section shall run continuously with the presence of the applicant's newsrack(s) in city rights- of-way, and any termination or lapse of such insurance shall be violation of this chapter, subject to appropriate remedy by the Code Enforcement Division under the applicable sections of the Code of the City of Boynton Beach. 6. Fees. There shall be a one-time only application fee in the amount of $50.00 for each applicant plus $10.00 per newsrack location selected by each applicant. Failed inspections are subject to a re-inspection fee of $5.00. All of the above fees will be used to defray administrative expenses related to this subsection. 7. Appeals. An applicant who is denied issuance, re-issuance or transfer or a certificate of compliance or whose certificate has been revoked may, within five (5) business days of the denial or revocation, appeal the denial or revocation to the City Manager in writing. Within seven (7) business days of receipt of the appeal, the City Manager or his/her designee shall review the application, the denial or revocation, and any information the applicant discloses in its written appeal and either sustain or reverse the city's denial or revocation. The decision of the City Manager or his/her designee on appeal is subject to judicial review as provided by the Florida Statutes. 8. Installation and maintenance. color of all newsracks being installed pursuant to this chapter shall be teal. c. Newsracks shall carry no advertising except the name of the publication being distributed and cardholders kept in neat and untorn conditior/describing the publication being distributed. d. Newsracks for free newspapers may omit the coin box and may have the puli bar welded to the door to produce an "Honor Rack." e. Newsracks shall be maintained in good working order at all times, freshly painted with unbroken hoods. f. The name, address and telephone number of a responsible person who may be contacted at any time concerning the newsrack shall be displayed on the hood of the newsrack in such a manner as to be readily visible and' readable to a prospective customer thereof. g. Newsracks may have a color band to be approved by the City Manager or his/her designee, which shall have a width of 2 ~/~". Distributors may place lettering within the color band not to exceed 2 ~,6" in height on the front, side and back of each newsrack provided such lettering is either in black or white. 9. Newsrack mounting standards. The following standards shall be applicable to the mounting of newsracks in the City of Boynton Beach: a. The exterior dimensions are for newspaper racks up to six (6) publications as follows: each rack shall utilize a 19" rectangular pedestal with dimensions of 8" x 6 ~" with a height of 19". The newsrack(s) shall have dimensions which shall have a height of 55' with a depth (measured from front to back) of 16" and a width across the front of the newsrack of 24 1/8". The newsrack shall be of a "K" style, "TK" style, or free style. b. Newsracks shall have gloss pedestals, gloss sides and door and gloss coin box coated per standard specifications. The height of the cabinet top of all newsracks shall not exceed thirty- nine (39) inches above the finished grade level. The 2000 S-12 a. Newsracks may be mounted to an existing concrete sidewalk subject to requirements of Section 11 A. 10. b. The newsrack foundation(s) manufactured as a prefabricated reinforced concrete slab shall have a minimum three and one-half (3 inch thickness, a minimum twenty-eight (28) day compressive strength of 2500 pounds per square inch (p.s.i.) and meet the wind load requirements of the Palm Beach County Edition of the South Florida Building Code. c. The newsrack foundation(s) cast- in-place concrete slab shall have a minimum four (4) inch thickness, a minimum twenty-eight (28) day $8B Boynton Beach Code compressive strength of 3000 pounds per square inch (p.s.i.) and meet the wind load requirements of the Palm Beach County Edition of the South Florida Building Code. (8) Within five (5) feet ahead of and fifteen (15) feet to the rear of any sign marking a designated bus stop, measured along the edge of the pavement. d. Minimum three eighths (3/8) inch diameter bolts through the four (4) comers of the newsrack pedestal base with a minimum embedment into the concrete foundation of three (3) inches. e. Two (2) inch minimum concrete edge distance for bolts. L concrete edges. One half (1/2) inch chamfer on all (9) Within two (2) feet of any bus bench or shelter. (10) At any location Whereby the clear space for the passageway of pedestrians is reduced to no less than thirty-six (36") inches. (11) Facing another newsrack, divided by the width of a pedestrian walk (sidewalk or bikepath). I0. Criteria and safety standard. All mounting and placement of newsracks shall comply with the adopted Palm Beach County Traffic Engineering Standards. a. Placement in public rights-of-way located within the CBD and CRA. No newsrack shall be placed, installed or maintained: (1) Within the thirty (30) foot site visibility triangle of a public or private roadway as measured from the intersection from a public or private roadway. (2) Within thirty (30) feet from the intersection of public or private streets. (3) Within twenty (20) feet from any marked crosswalk not in an intersection. (4) Within the twenty (20) feet site visibility triangle of a private driveway, as measured from the intersection of a public roadway and the edge of the private driveway. (5) Within fifteen (15) feet of any fire hydrant or other emergency facility. (6) On or within two (2) feet of traffic related signs, street lights or utility poles. (7) Within a median, which is defined as a landscaped or paved island in the center of the public right-of-way. (12) With three (3) feet of any display window of any building abutting the sidewalk or in such a manner as it impedes or interferes with reasonable use of such window display or access to and from a building entrance. b. General. The general prohibitions common to all business as specified in the Code of Ordinances shall be applicable. 11. Enforcement procedures - non- conforming newsracks. a. Inthe event any newsrack installed pursuant to this chapter is not maintained in conformity with this section, it shall be subject to appropriate action under the applicable chapters of the Code of Ordinances and referred to the Code Compliance Board for enforcement purposes. The Code Compliance Board is hereby empowered to levy a fine if it is not properly maintained as required by this section. b. In the event a distributor desires to voluntarily abandon a newsrack location, said distributor shall notify the City Manager or his designee, completely remove the newsrack and mount, and restore thepublic right-of-way to a safe condition as determined by the city, leaving no holes or projections on the mounting surface. c. Newsracks not in compliance with this subsection shall be subject to removal as ordered by the Code Compliance Board. 2000 S-12 Zoning 59 B. CLUSTER DEVELOPMENTS. A cluster of groups of two (2) or more single-family structures may be permitted in all residential districts with the following requirements: All cluster housing development plans shall be submitted to the planning and' development board as a planned unit development. C. NURSERY AND/OR OTHER PRE- SCHOOL FACILITIES: 1. Day care and other preschool facilities shall comply with the state health department and all other regulatory agency requirements. play areas and adjacent single family homes shall be maximized. D. HOME OCCUPATIONS. 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: 2. The building height, setbacks, parking and total floor area shall be governed by the applicable zoning district. 3. The following applies to facilities to be located within zoning districts limited to single family homes: a. Building design shall be consistent with surrounding residential styles; b. Located along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: state arterials, county arterials, and county collectors; c. Minimum site size of one-half (0.5) acre; d. Minimum separation requirement between commercial daycare business shall be 2,000 feet (this distance separation requirement should not apply to daycare 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); and e: Similar buffer (wall) regulations for commercial uses that abut residential zoning districts should apply, and distances between outdoor 1. 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. A home occupation shall' only be conducted within twenty (20) percent 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. 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 of piano teacher, shall be deemed a home occupation). 4. 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 2000 S-12 60 Boynton Beach Code 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. 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 23, Parking Lots. 6. 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 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. No sign or display shall be visible other than a nonilluminated 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. A panel, pick-up truck, van, or similar type of truck, not over one ton chassis configuration may be parked in a residential zoning district. Such vehicle, however, must be used by a resident of the premises, and no more than one (1) such truck shall be located on each plot. 9. A home occupation shall be subject to all occupational license provisions defined in chapter 13 of the Boynton Beach Code of Ordinances. E. SWIMMING POOLS. Swimming pools shall be located, designed, operated and maintained in accordance with the city swimming pool ordinance and shall be subject to the approval of the development department. No swimming pool shall be constructed closer than eight (8) feet from any property line and no swimming pool shall be built in front of the building line. On comer lots, pools will comply with the comer lot setback requirements of the applicable zoning district. Location of above ground pools shall comply with building setback requirements. 1999 S-11 F. SCREEN ENCLOSURES. All screen enclosures (screen walls and screen roof) shall comply with building side yard setback. No screen enclosure shall be constructed closer than eight (8) feet from rear property line and no screen enclosure shall be constructed in front of the building line. On corner lots, proper~ bordering both streets shall be considered as front yards. G. TOWN HOUSE. All town house developments shall conform to the district zoning and shall meet the following minimum requirements: I. Each town house shall have its own lot area, each yard private and reasonably secluded from view of streets or neighboring property. 2. Each town house shall have a direct automotive access from the off-street parking space to a public street. 3. All outdoor, rear yard areas used for drying of clothes shall be screened from view from the street and from adjoining yards and lots. 4. Parking space shall be provided for as by Section 11-H. H. PROVISION OF OFF-STREET PARKING SPACES. 1. All off-street parking areas shall conform to the design and layout requirements of Chapter 23 of the City of Boynton Beach Land Development Regulations, and shall be approved according to the procedures contained therein. 2. For all required residential district parking spaces not within an enclosed garage, the first parking space shall be a minimum of twelve (12) feet wide and eighteen (18) feet long exclusive of public or private right-of-way. All other spaces where multiple vehicle parking is required shall be a minimum of nine (9) feet wide and eighteen (18) feet long exclusive of public or private right-of-way. All spaces, regardless of size, must comply with all provisions of the Land Development Regulations, and shall be maintained and drained so as to prevent nuisance or danger to the public and/or adjacent property owners. 1997 S-5 3. A certificate of occupancy for a structure or premises shall not be issued until the required parking area has been impected and approved by the development director or his designee. 4. Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multifamily dwelling units containing garages, provided such driveways are of sufficient size to meet the parking space requirements of this subsection. 5. No fewer than four (4) parking spaces shall be provided for any nonresidential use. 6. Stabilized sod may be substituted for up to fifty (50) per cent of the required parking spaces, where eighty (80) per cent or more of the parking demand falls within a twenty-four-hour period each week. Sod may be substituted only for the area of parking stalls. All driveways, aisles, and maneuvering areas shall be hard-surfaced and shall conform to the design requirements contained'in Chapter 23 of the City of Boynton Beach Land Development Regulations. SOd parking stalls shall have a base consisting of not less than eight (8) inches of stabilized shell rock, lime rock, or sand, or an equivalent material as approved by the development director. Sod parking areas shall have dimensions equivalent to the dimensions of paved parking areas with ninety (90) degree parking stalls and two-way traffic in aisles, as specified in Chapter 23 of the City of Boynton Beach Land Development Regulations. 7. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in paragraph 16 of this subsection. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use, plus the floor area occupied by all accessory 62 Bo)~ton B~ch Code uses, including storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. 8. Where several principal uses exist in one structure or on one lot, parking space requirements shall be computed separately for each principal use, unless stated otherwise in paragraph 16 of this subsection. Where parking spaces are required in paragraph 16 for each of several principal uses that commonly occur together, this is done for the purpose of clarification on~y, and shall not limit the application of the requirement contained in this paragraph. 9. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. 10. Where a use is located in a shopping center, office building, or office-retail complex, the parking space requirement for the shopping center, office building, or office-retail complex in which it is located shall apply; except that where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or gross floor area of the theater. 11. Where several principal uses exist in one building or part of a building, and the floor area of each principal use cannot be clearly delineated, the parking space requirement for the use requiring the greatest number of parking spaces shall apply. 12. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and reconuriendation by: the planning and development board. 13. Parking spaces required in this ordinance for one use or structure may be allocated in part or in whole for the required parking spaces of another use or structure if quantitative evidence is provided showing that parking demand for the different uses or structures would occur on different days of the week or at different hours. Quantitative evidence shall include estimates for peak hour/peak season parking demand based on statistical data furnished by the Urban Land In.stitut~ or an equivalent traffic engineering or land planning and design organization. Quantitative evidence may also include, where appropriate, field studies and traffic counts prepared by a traffic consultant experienced in · fhe preparation of parking studies. In addition, a minimum buffer of ten (10) percent shall be provided to ensure that a sufficient number of parking spaces are available at the peak hour/peak season of parking demand. Calculation of said buffer shall be based on the total number of parking spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required parking space-shall be submitted to the technical review board,-and approval of joint allocation of required parking spaces shall be made by the City Commission, after review and recommendations by the planning and development board. 14. Where the number of required parking spaces as computed includes a fraction, the number of required parking spaces shall be the computed number rounded to the next highest whole number. 15. There shall be provided off-street handicapped parking spaces consistent with-Chapter 23, Article II.K of the Boynton Beach Land Development Regulations at the time of the erection of any structure or the enlargement of any structure. 16. There shall be provided, at the time of the erection of any structure or establisbanent of any. use, a number of off-street parking spaces in accordance with the following minimum requirements, and subject to paragraphs 1 through 15 of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or · which requires additional parking spaces, the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. a. Dwellings, lodging and other buildings for habitation: (1) Single-family and duplex dwellings: Two (2) parking spaces per dwelling unit. Z°~ 63 (2) Two or more bedroom apartments: Two (2) parking spaces per dwelling unit. (3) One-bedroom and efficiency apartments: Two (2) parking spaces per dwelling unit for the first ten (10) efficiency and one-bedroom apartments in a single structure; one and one half (1.5) parking spaces per dwelling unit for each efficiency and/or one-bedroom aparunent over ten (~0) units. c. Government, institutional, and educational uses: (1) Government and government.owned or -operated uses: Parking requirements for like or similar uses in the private sector shall apply. · (2) Community centers: One (I) parking space per one hundred (100) square feet of gross floor area. (4) Dormitories: One (1) parking space per rooming unit. (5) Ro~oming and boarding 'houses: One (1) parking space per rooming unit. (6) Hotels, apartment hotels, motels, apartment motels, and time-sharing hotels and motels: One and one-quarter (1.25) parking spaces per bedroom. - - (3) Libraries and museums: One (I) parking space per three hundred (300) square feet of gross floor area. (4) Day care centers and nursery schools: One (I) parking space per three hundred (300) square feet of gross floor area, plus adequate provision for a convenient drop-off area adjacent to the building providing unobstructed ingress and egress. (7) Hospitals: Two and one-half (2.5) parking spaces per bed. (8) Nursing homes, convalescent homes, and sanitariums: One (1) parking space per three (3) beds. b. Assembly: (1) Churches, temples, and other places of worship: One (1) parking space per four (4) seats in the auditorium, but not less than one (1) parking space per one hundred (100) square feet of gross floor area for the auditorium, plus required parking spaces for any other principal uses, including offices, classrooms, meeting rooms, recreation facilities and dwellings. (2) Theaters, auditoriums, meeting rooms, and other places of assembly: One (1) parking space per four (4) seats, but not less than one (1) parking space per one hundred (100) square feet of gross floor area. (3) Clubs, lodges and fraternal organizations: One (1) parking space per one hundred (100) square feet of gross floor area. (5) Elementary and junior high schools: One (1) parking space per five hundred (500) square feet of 'classroom floor area, including floor area of shops. (6) Secondary schools and high schools: One (1) parking space per one hundred (100) square feet of classroom floor area, plus one (1) parking space per two hundred (2O0) square feet of floor area occupied by shops. (7) Colleges, universities, seminaries, and technical or vocational schools: One (1) parking space per fifty (50) square feet of classroom area, plus one (1) parking space per two hundred (2O0) square feet of floor area occupied by laboratories or shops, plus required space for any other principal uses, including offices, libraries, auditoriums, and recreation facilities. (8) Specialized instruction, including dance, art, and self-defense instruction: One (1) parking space per two hundred (2O0) square feet of gross floor area. offices: d. Retail services, restaurants, and Boynton Beach Code (1) Restaurants, bars, cocktsil lounges, dance halls, and all other eating or drinking establishments: One (1) parking space per two and one-half (2.5) seats, but not less than one (1) parking space per one hundred (liD) square feet of gross floor area. (2) Shopping centers: One (1) parking space per two hundred (200) square feet of gross leasable floor area. (3) Office-retail complexes: One (1) parking space per two hundred (200) square feet of gross leasable floor area. (4) Retail gasoline sales, retail automotive pans and/or accessories sales, and automotive repairs, including major repairs, but excluding automotive paint and body shops: One (1) parking space per two hundred fifty (250) square feet of gross floor area. (5) Bakeries: One (1) parking space per two hundred (200) square feet of gross floor area. '(6) Florists and retail sales floor area of greenhouses: One (1) parking space per two hundred (200) square feet of gross floor area. (7) Grocery stores and food stores: One (1) parking space per two hundred (200) square feet of gross floor area. of paved or unpaved outdoor area used for the storage or display of goods for sale or for rent. (11) Boat sales or rental: One (1) parking space per five hundred (500) square feet of gross floor area, plus one (1) parking space per ten thousand (10,0iD) square feet of paved or unpaved outdoor area used for the storage or display of boats for sale or for rent. (12) Retail establishments notlisted elsewhere: One. (1) parking space per two hundred (200) square feet of gross floor area. (13) Personal, professional, and business services not listed elsewhere, including testing, repairing, and servicing: One (1) parking space per three hundred (300) square feet of gross floor area. (14) Laundromats or dry-cleaning pick-up stations, and laundry or dry-cleaning plants located in commercial zones: One (1) parking space per two hundred fifty (250) square feet of gross floor area (for laundry or dry-cleaning plants located in industrial or PID zones, see (f)(3)). (15) Printing, engraving, or publishing located in commercial zones: One (1) parking space per three hundred (BID) square feet of gross floor area (for printing, engraving, or publishing located in industrial or PID zones, see (0(4)). (8) Automobile, truck, motorcycle, trailer, and recreation vehicle sales or rental: One (l) parking space per five hundred (500) square feet of gross floor area, plus required parking spaces for outdoor storage or display of goods for sale or for rent. (9) Small equipment and tool rental establishments: One (1) parking space per two hundred fifty (250) square feet of gross floor area, plus required parking spaces for outdoor storage or display of goods for sale or for rent. (16) Funeral homes: One (1) parking space per two hundred (200) square feet of gross floor area. (17) Kennels and animal hospitals: One (1) parking space per three hundred (300) square feet of gross floor area, including area of outdoor kennels. (18) Financial institutions and services: One (1) parking space per two hundred fifty (250) square feet of gross floor area. (10) Outdoor storage or display of goods for sale or for rent, except boats: One (1) parking space per five thousand (5,000) square feet (19) Medical and dental clinics, offices, and office buildings: One (1) parking space per two hundred (200) square feet of gross floor area. Zoning 65 (20) Offices and office buildings not listed elsewhere: One (1) parking space per three hundred (300) square feet of gross floor area. (21) Art, craft, graphics, and photographic studios: One (1) parking space per three hundred (300) square feet of gross floor area. '- of lot area occupied by the playing area. (7) Bowling alleys: One (1) parking space per two hundred fifty (250) square feet of gross floor area, including floor area of all adjoining uses, including restaurants, bars, pool roon~, alld alTlusements, (22) Beauty and barber services: One (1) parking space per one hundred (100) square feet of gross floor area. (23) Furniture stores: One (1) parking space per five hundred (500) square feet of gross floor area. (8) G~iums and health centers: One (1) parking space per three hundred (300) square feet of gross floor area. Parking space requirements may be computed separately for floor area occupied by athletic courts, swimming pools, or other principal uses for which parking space requirements are listed in this ordinance. (24) Automotive paint and body shops: One (1) parking space for every three hundred (300) square feet of gross floor area. In addition, each overhead door and interior spray booth may b~ counted toward a parking space, provided there is a minimum area, the size of a standard parking space, between an overhead door and an interior spray booth. However, in no case shall less than four (4) outside parking spaces be provided. e. Recreation and amusement: (9) Arcades, pool halls, and other indoor amusement places not listed elsewhere: One (1) parking space per one hundred (100) square feet of gross floor area. (10) Marinas: One (1) parking space per boat slip, plus required parking spaces for any other principal uses, including hotels and motels, restaurants, retail floor area, charier boats, sightseeing boats, drift fishing boats, and outdoor lots occupied by boats for sale or for rent. (1) Swimming pools: One (1) parking space per thirty (30) square feet of water (2) Ice skating and roller skating rinks: One (1) parking space per one hundred (100) square feet of rink area. (11) Charter, drift fishing, and sightseeing boats: One (1) parking space per three (3) seats on each boat, but no fewer than two (2) parking spaces per boat. (12) Condominium and housing development recreation buildings: (3) Indoor athletic courts: One (1) parking space per one thousand eight hundred (1,800) square feet of gross floor area. (a) No parking spaces required for all dwelling units within a five hundred-foot radius. (4) Outdoor athletic courts: One (1) parking space per one thousand five hundred (1,500) square feet of court area and adjoining paved (5) Golf courses: Eight (8) parking spaces per hole. Co) One (1) parking space required for every four (4) dwelling units within a five hundred- to eight hundred-foot radius. (c) One (1) parking space for every two (2) dwelling units outside of the eight hundred-foot radius. (6) Miniature golf courses: One (1) parking space per five hundred (500) square feet (d) Total required parking space to be no more than one (1) space per one 1996 S-1 66 Boston Beach Gode hundred (100) square~t'ee~ Of gross floor area. (e) All other recreation facilities including athletic courts and swimming pools shall provide one-quarter of the parking spaces that would be required by this ordinance, in addition to required parking spaces for recreational buildings. f. Industrial, research and development, trades, wholesale, and warehouses: (1) Manufacturing and industrial uses not listed elsewhere: One ( I ) parking space per two (2) employees, but not less than one (1) parking space per five hundred (500) square feet of gross floor area; plus required parking spaces for any other principal uses, including office or retail floor area. (2) Utilityplants: One (l)parking space per two (2) employees, but not less than one (1) parking space per five hundred (500) square feet of gross floor area; plus required parking spaces for any other principal uses, including office floor area. (3) Laundry or dry-cleaning plants located in industrial or PID zones: One (1) parking space per five hundred (500) square feet of gross floor area (for laundrornats, laundry or drycleaning pick-up stations, and laundry or drycleaning plants located in commercial zones, see (d) (14)). (4) Printing, engraving, or publishing located in industrial or PID zones: One (1) parking space per two (2) employees, but not less than one (1) parking space per five hundred (500) square feet of gross floor area (for printing, engraving or publishing located in commercial zones, see (d) (15)). (5) Warehouses and other indoor storage facilities, warehouse*industrial complexes: One (1) parking space per eight hundred (800) square feet of gross floor area, but not less than two (2) parking spaces per rental unit of five hundred (500) square feet of gross floor area or greater; plus required parking spaces for any other principal uses, including retail and office floor area. Parking for multi-access facilities shall be provided at a rate of 1 space per 200 storage bays plUS 1 space per 300 feet of office space and 2 security spaces. Parking for limited access facilities shall be provided at a rate of 1 space per 75 storage units, plus I space per 300 feet of office space and 2 security spaces. (6) Wholesale establishments and distributing: One (1) parking space per eight hundred (800) square feet of gross floor area. (7) Moving and storage operations: One (1) parking space per eight hundred (800) square feet of gross floor area. (8) Track terminals and transfer stations: One (1) parking space per eight hundred (800) square feet of gross floor area. (9) Laboratories and research and d.e.velopment: One (1) parking space per three hundred (300) square feet of gross floor area. g. Miscellaneous uses: (1) Taxi offices and bus stations: One (1) parking space per One hundred (l/X)) square feet of gross floor area. (2) Communications facilities, including broadcasting facilities and telephone exchanges: One (1) parking space per one thousand two hundred 0,200) square feet of gross floor area, plUS required parking spaces for any floor area occupied by offices. (3) Greenhouses: One(l) parking space per two thousand (2,000) square feet of gross floor area, plUS required parking spaces for any retail floor area. I. LOCATION OF OFF-STREET PARKING SPACES. 1. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. 2. Required parking spaces for all other uses shall be owned by the owner of the building or 1998 S-9 Zonh~ 67 lot to be served, and shall be located on the same lot, or not more than three hundred (300) feet distant, as measured along the nearest pedestrian walkway. 3. Parking space requirements of two (2) or more uses of the same or different types may be satisfied by the allocation of the required number 'c~f spaces for each use in a ~mmon parking facility. Joint allocation among several uses of a lesser number of parking spaces may be permitted in accordance with paragraph 13 of this subsection. J. OFF-STREET LOADING: 1. For the purpose of this ordinance, the term "off-street loading or unloading space" shall mean a vehicular loading space constructed of a hard surface and shall consist of a space with dimensions not less than twelve (12) feet in width, thirty-five (35) feet in length and fourteen (14) feet in height, exclusive of access aisles, maneuvering space or alley right-of-way. 2. The following spaces shall be' provided for the uses indicated: a. Every hospital, institution, hotel, commercial or industrial building, or similar use, requiring the receipt or distribution by vehicle of materials or merchandise, shall have sufficient permanently maintained off-street loading space so as not to hinder the free movement of vehicles and pedestrians over a street or sidewalk. b. All structures requiring the pickup of large quantities of garbage or trash shall provide an easily accessible area for the pickup and delivery of a dumpster ot other trash receptacle; all such areas shall be so designed that ga~oage and trash pickup can be accomplished without excessive maneuvering such as turning around and backing up. K. PERMANENT RESERVATION OF SPACES. Area 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 equivalent off-street parking or loading is provided in accordance with this section. L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOLINE OR GASOLINE PRODUCTS. 1. Purpose. The purpose of these regulations is to establish development standards for commercial establishments which engage in the sale of gasoline, or other motor fuels. These regulations are intended to cover businesses of any type, including convenience stores and automotive service stations. The development standards established by this section would overlay the development criteria stated in the zoning district in which these uses are allowed. Businesses, which engage in the sale of gasoline or other motor fuels, shall require conditional use approval. 2. Definitions. For the purpose of this ordinance, the following definitions shall apply: Automotive service station. The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels. Convenience store. Any place of business that is engaged in the retail sale of groceries, including the sale of prepared foods, and gasoline and services. The term "convenience store" does not include a store which is solely or primarily a restaurant. Gasoline dispensing establishments. Any commercial enterprise, including automotive service stations and convenience stores, which engage in the sale of gasoline or other motor fuels to the public. Grade separated intersections. Use of the term grade separated intersections shall mean any intersection wherein one road passes over another road by means of a bridge or an overpass. 3. Development standards. a. Location. (1) All gasoline dispensing establishments shall be located only at the intersection 1998 S-9 68 Boynton Beach Code of any combination of the following roads as designated in the Boynton Beach Comprehensive Plan: County arterial, State arterial, Local collector, or County collector. (2) Gasoline dispensing establishment shall only be located at any intersections consisting of roads of four (4) lanes or wider. (3) The maximum number of gasoline dispensing establishments located at any intersection shall be two (2). Gasoline dispensing establishments shall only be located at diagonal corners of permissible intersections. b. Minimum plot size: thirty thousand (30,000) square feet. c. Minimum street frontage: one hundred seventy-five (175) feet on 'each frontage measured from the intersecting right-of-way lines of the public streets. d. Driveways (1) No driveway shall be located less than one hundred ten (110) feet from the intersecting right-of-way lines of public streets. (2) Driveways shall be a minimum of thi~y (30) feet and a maximum of forty~five (45) feet in width. (3) Driveways shall not be located less than thirty (30) feet from any interior properS, line. (4) Driveways will be limited to one (1) per street frontage. e. Setbacks. Setback requirements 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. (1) Front - 35 feet. (2) Side - 20 feet. (3) Rear - 20 feet. (4) Other: (a) No canopy shall be located less than twenty (20) feet from any property line. (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (c) The entrance to a buildin8 wherein motor vehicles are washed by mechanical means shall be located a minimum distance of seventy-five (75) feet from the street lines to provide an off-street area of waiting vehicles. Car washes shall be a permitted accessory use at gasoline dispensing establishments. Cat washes shall: 1. be fully automatic; 2. recycle all water used in the car washing process. f. Buffers. (1) A ten-foot wide landscape buffer shall be located along the street frontage. This buffer shall contain one (1) tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover. (2) Interior property lines. (a) A ten-foot wide landscaped buffer shall be located on all interior property line~. When the buffer separates the property from a residentially zoned property, the buffer shall contain a six-foot concrete wall landscaped on the exterior side by a cominuous hedge no less than thirty-six (36) inches high and planted twenty-four (24) inches on center at time of planting; trees ten (10) to fifteen (15) feet in height with three-inch caliper every forty (40) feet; and groundcover. When the buffer separates the property 1998 S-9 69 from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. 1. The wall shall be kept in good repair and appearance at all times. 2. Openings with gates may be allOwed where deemed appropriate by the City Commission. g. Design criteria. All gasoline dispensing establishments 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. Gasoline dispensing establishments shall conform to the community design plan. h. Conditional use. Gasoline dispensing establishments are hereby designated as a conditional use as that term is defined in Section 11.2. i. Distance separation requirements. No gasoline dispensing establishmem shall be located within two hundred (200) lineal feet from a residential structure. Distances for the purpose of this subsection shall be measured from the boundary line of the parcel on which the gasoline dispensing establishment is located to the closest boundary wall of the residential structure. M. ADULT ENTERTAINMENT ESTABLISHMENTS; SPECIAL RESTRICTIONS. 1. No adult entertainment establishment shall be located closer than one thousand (1,000) feet from any other adult entertainment establishment measured from lot boundary to lot boundary along a straight airline route. 2. No adult entertainment establishment shall be located closer than one thousand (1,000) feet from any house of worship, residential zoning district, public usage district, recreation district, or school, measured from. any lot boundary to lot boundary along a straight airline route. N. OUTDOOR RETAIL SALES BY NOT-FOR-PROFIT ORGANIZATIONS. Special outdoor retail sales shall be permitted in any nonresidential zoning district, subject to the following regulations: 1. The event is sponsored by a not-for-profit civic, religious, school or governmental organization. 2. The sponsors secure an occupational license for the duration of the event, and comply with all other applicable codes and ordinances. 3. Written approval must be secured from the owner of the property. 4. Liability insurance which is sufficient to cover the liability for the event shall be the responsibility of the property owner and event sponsor. 5. Adequate parking is provided for the event. 6. Such event or combination of events shall not exceed a maximum duration of four (4) weeks per calendar on any one parcel of land. However, a two-week extension may be provided, if conditions warrant. 7. Permits for all temporary structures, lighting and signs must be secured. 8. If a tent is used for the event, the tern shall be constructed of fire-retardant treated material and shall comply with the latest edition of the Southern Standard Building Code, as adopted by the city. 9. Farmers' markets, flea markets, sales bazaars, swap shops, trading posts and the sale or display of used retail merchandise shall be prohibited. 10. It is the responsibility of the sponsor, within three (3) days of the expiration of the event, to have the property cleared and brought to its original condition. 1998 S-9 O. SELF SERVICE STORAGE FACILITIES (MINI-WAREHOUSES). 1. General. All self-storage uses shall comply with the following-: a. Rental facility office. The rental facility office shall be located facing a collector street. A maximum of 1000 square feet of the rental office may be devoted to the rental and sale of retail items used for moving and storage and including, but not limited to carton, tape and packing materials. The propet/y manager shall be permitted to conduct auctions for the sole purpose of selling abandoned items left in bays, provided an appropriate license is obtained from Occupational Licenses. The rental of trucks and trailers used for moving and the installation of hitch and towing packages shall be allowed, subject to all approvals required for the zoning district in which the self service storage facility' is located. b. Security quarters. A single residential quarters for security purposes may be established on the site of a self service storage facility and shall be considered a limited exception to the general prohibition of residential uses in commercial and 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 his family. Such person shall be actively engaged in provided security, custodial or managerial services upon the premises. A security quarters shall not be rented to any person other than such persons. c. 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, fabricat~ 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 an occupational license or other governmental permit or license to do business. Further: (1) The maximum size of a .storage bay shall be limited to four hundred fif~ (450) square feet. (2) Storage bay doors shall not face any abutting property which is residentially zoned, nor any public or private street. d. Outside Storage. In connection with a self service storage facility, open storage of recreational vehicles and of pleasure boats of the type customarily maintained by private individuals for their personal use and commercial vehicles shall be permitted provided the following: (1) The storage area shall, not exceed 20 percent of the area of the site. (2) The storage area shall be entirely screened from view from public and private roads and abutting non-industrial zoned property by a building on site or by installation of a six (6) foot high solid wood or masonry fence or a building code allowed wall supplemented with a minimum of twelve (12) foot tall trees spaced nor more than twenty-five (25) feet on center m~d vines a minimum of two (2) feet in height and spaced a minimum of five (5) feet on center located on the outside of the wall. However, open storage of commercial vehicles in connection with a self service storage facility located in the C-4 district shah be screened from view by a building on site. (3) Vehicles shall not be stored within the area set aside for minimum, building setbacks or in areas designated for landscape buffering purposes. No vehicles may be stored onsite within the C-1 zoning district. (4) No vehicle or boat maintenance, or repair shall be permitted on site. Washing shall be conducted only within a designated wash area that drains to a storm drain equipped with 1996 S-I Zonin~ a pollution control device acceptable to the City Engineer. Pleasure boats stored on site shall be placed and maintained upon wheeled trailers. No dry storage or dry stacking shall be permitted onsite. (5) The outside storage area shall be constructed with a dust-free surface. 70A district, shall not exceed thirty (30) feet. Limited access facilities (within the M-1 Zoning District) shall conform to the maximum height for that district. The maximum height for multi-access storage facility shall not exceed twenty-five (25) feet. These heights will include any screening required to conceal air- conditioning or any other mechanical equipment. e. Separation between storage buildings. If separate buildings are constructed, there shall be a minimum ten foot separation between individual buildings within the facility. f. Outdoor lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty feet in height and shall be shielded away from residential property. g. Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on site. h. A self-service storage facility shall not be located within two thousand five hundred (2,500) feet of another self-service storage facility within the C-1 district. i. Architecture. The exterior colors, facades, windows, roof and building materials of all structures located onsite shall be compatible with the character of the neighborhood. Self-service storage that will be located within the C-1 district shall incorporate design elements associated with adjacent office structures. Architectural elevations demonstrating similar architectural character and treatment, including but not limited to color, materials, fenestration, wall articulations, window treatments and roof treatments for all exterior sides of all self-service storage facilities shall be submitted and approved by the City Commission as part of site plan approval. j. Dumpsters and trash receptacles shall be screened from View of adjacent lotS and streets. k. Height. The maximum height for limited access storage facilities within the C-1 zoning 1. C-1 Zoning District. Only limited access self service storage facilities will be allowed within the C-1 zoning district. m. Buffers. All perimeter buffers shall be subject to the provisions of Chapter 7.5, Article II, Section 5 concerning buffer requirementS. In addition, any perimeter adjacent to a residential district shall include a continuous hedge or wall in addition to trees planted no further than 40 feet on center. 2. Supplemental standards for multi-access self-storage facilities. In addition to the general standards above, multi-access self-service storage facilities shall comply with the following regulations: a. Minimum lot size. The minimum lot size for a multi-access facility shall be two (2) acres. b. Circulation. The following on-site circulation standards shall apply: (1) Interior. Interior loading areas shall be provided in the form of aisle ways adjacent to the storage bays. These aisle ways shall be used both for circulation and temporary customer parking while using storage units. The minimum width of these aisle ways 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 of width between storage aisles will be required when a portion of this aisle space is utilized for outdoor storage. (2) Flow. The one or two-way traffic flow patterns in aisle ways shall be clearly marked. Markings shall consist of standard directional signage and painted lane markings with arrows. 1998 S-9 70B Boynton Beach Code (3) Access. Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal mining of aisle ways. c. Parking. Parking shall be provided at a rate of 1 space per 200 storage bays, plus 1 space per 300 feet of office space and 2 security spaces. d. Signage. Self-service storage facilities in the M-1 district shall be subject to the provisions of Chapter 21, Article 4. Free-standing signs for self-service storage facilities in the C-1 district shall be limited to the monument type. 3. Supplemental standards for limited access self-storage facilities. In addition to the general standards above, limited-access self-storage facilities shall comply with the following regulatiOns: a. Minimum lot size. The minimum lot size for a limited access facility shall be one (1) acre. b. Architectural compatibility. The exterior colors, facades, windows, roof, and building materials of all structures located onsite shall be compatible with the character of the neighborhood. Self-service storage that will be located within the C-1 district shall incorporate design elements associated with adjacent office structures. Architectural elevations demonstrating similar architectural character and treatment, including but not limited to color, materials, fenestration, wall articulations, window treatments, and roof treatments for all exterior sides of all self-service storage facilities shall be submitted and approved by the City Commission as part of site plan approval. c. Loading. Each entry point used to access hallways leading to the storage bays shall accommodate a minimum of two leading berths and related maneuvering area. The loading areas shall not interfere with the primary circulation system on site. If a minimum 20 feet access way 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. d. Parking. Parking shall be provided at a rate of 1 space per 75 storage bays, plus 1 space per 300 feet of office space and 2 security spaces. e. Signage. Self-service storage facilities in the M-1 district shall be subject to the provisions of Chapter 21, Article IV. Free-standing signs for self-service storage facilities in the C-I district shall be limited to the monument type. f. Vehicular access. Vehicular access shall be provided only from a major arterial or collector as identified in the Comprehensive Plan. g. Use limitations. Retail sales shall be prohibited on site except those permitted by Section O. 1 .a. h. Hours of operation. The hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. seven days a week. i. Outdoor lighting. Outd0or lighting shall be designed to prevent light spillage onto residentially zoned property. 4. Multi-access and limited-access combinations: A combination of multi-access and limited-access storage facilities may be permitted within the same site plan within the C-1 and M-1 zoning districts, pursuant to the supplemental standards shown above for each of the uses. P. MARINAS. Facilities must be provided at every marina to accommodate proper sanitary sewer and water connections as well as to maximize flushing of the impacted marine basin. (Ord. No. 95-24, § 5, 8-15-95; Ord. No. 96-51, 8 7, 1-21-97; Ord. No. 98-31, 88 2, 3, 8-4-98; Ord. No. 99-23, 8 2, ?-7-99; Oral. No. 99-34, 8 2, 12-21-99) 2000 S-12 Zoning 70C Sec. 11.1. Nonconforming uses and structures. A. EXISTING USES. Any lawful use of land or structures existing--on the effective date of the adoption or amendment of these zoning regulations, but which would become a nonconforming use under the terms of these regulations or future amendments hereto, shall be permitted to continue, subject to the provisions of this section pertaining to its extension, alteration, reconstruction, continuance, discontinuance or change. B. NONCONFORMING USES OF LAND. c. Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. 1. No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of the adoption or amendment of these regulations, unless such use is subsequently changed to a use permitted in the district in which such use is located. 2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of the adoption or amendment to these regulations, nor shall such nonconforming use be moved to any other parcel or located in any district within which said use is not permitted. 3. No additional structures or buildings shall be erected in connection with such nonconforming use of land. C. NONCONFORMING LOTS. 1. A detached single-family dwelling may be constructed on any parcel located in an R-I, R-IA, R-2 or R-3 district, provided that it meets all of the following requirements: a. The parcel comains at least one (1) whole platted lot; Not more than one (1) parcel or lot, or combination of lots under the same ownership, that is nonconforming but which meets the requirements under b. above may be developed for a single-family house. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraisei"s Office as of the effective date of this ordinance. 2. Within R-2 districts, in subdivisions platted prior to the effective date of this ordinance, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50) feet, the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel, provided that it meets all of the following requirements: (1) The parcel contains at least one (1) whole platted lot. (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. b. The parcel has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand (5,000) square feet; b. A duplex dwelling may be constructed on any parcel, provided that it meets the following requirements: (1) The parcel contains at least two (2) whole platted lots; 1999 S-11 70D Bovaton Beach Code (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120) feet, and the total area is greater than twelve thousand (12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. 1999 S- 11 Z°nlnS 71 d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of this ordinance. 3. A detached single-family dwelling .may be constructed on any parcel located in an R-1AA district, without requiring a variance, provided that it meets the following requirements: a. The parcel contains at least one (1) whole platted lot. structures thereon to become nonconforming or more nonconforming. Not more than one (1) lot parcel or lot, or combination of lots under the same ownership, that is nonconforming but which meets the requirements of this paragraph may be developed for a single-family house. 5. In the R-IAAA zoning district, all nonconforming lots shall require variance in order to be developed. b. The parcel has a frontage of not less than sixty (60) feet, and a lot area of not less than six thousand seven hundred fifty (6,750) square feet in area. 6. The densities created by the rules set forth above shall be construed to be in conformance with the densities shown on the future land use map contained in the city's comprehensive plan. c. It would not be possible to. acquire property from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R-1AA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1) parcel or lot, or combination of lots under the same ownership, that is nonconforming but which meets the requirements under b. above may be developed for a single-family house. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of this ordinance. 4. In the R-1AAB district, any parcel which includes, at a minimum, one (1) whole platted lot may be developed without requiring a variance, if it would not be possible to acquire property from adjacent parcels so as to make the 'subject parcel conforming, without causing the adjacent parcels or 7. Nonconforming lots which may be developed without requiring a variance, and which lie in residemial districts, shall meet the minimum property development regulations that are generally applicable in the district; except, however, that the minimum setbacks shall be as follows: Minimum yard setback requiremems: From yard Side yard (comer) Side yard (imerior) Rear yard 25% of depth 20% of depth 15% of width 25% of depth provided, however, that the setbacks specified above shall, in no instance, be construed to be greater than the setbacks that are generally applicable in the district in which the lot is located. The minimum living area on such lots shall be permitted to be reduced below the minimum living area required by the district building and site regulations, to the extent that this reduction is necessary in order to maintain the abovementioned setbacks. Furthermore, the maximum lot coverage on such lots shall be permitted to be increased above the maximum lot area allowed by the district building and site regulations, to the extent that this increase is necessary to obtain the minimum living area required by the district building and site regulations. 72 Boynton Beach Code districts. 8. Nonconforming lots in nonresidential the effective date of the adoption or amendment of these regulations. a. In nonresidential zoning districts, if the value of buildings on the lot or parcel as shown on the latest Palm Beach County tax rolls is not less than sixty thousand dollars ($60,000.00), and both the lot area and lot frontage are not less than eighty-five (85) percent of that required for the particular district, then structures and floor area may be added and the use may be changed from a residential to a nonresidential use on a nonconforming lot, without requiring a variance for the lot area or lot. frontage. If the value of improvements on the lot or parcel is less than sixty thousand dollars ($60,000.00), or if either the lot area or lot frontage is less than eighty-five (85) percent of that required for the particular district, then a variance shall be required in order to add structures or add floor area to existing buildings or change the use from a residential to a nonresidential use. Improvements which do not add structures or floor area or change the use of the property shall be permitted, regardless of the value of structures on the property, or the lot size or frontage. For nonconforming lots which are vacant or are proposed to be cleared and' redeveloped, a variance shall be required prior to the construction of any structures or establishment of any use on the lOt or parcel. b. The value of buildings shall be determined from the latest tax rolls on file at the Palm Beach County Property Appraiser's Office. D. NONCONFORMING USES OF STRUCTURES. 1. The nonconforming use of a building or other structure may be extended throughout any pan of the building or structure which was clearly designed and intended for such use at the date of the effective adoption or amendment of these regulations. Any nonconforming use which occupies a portion of a building or other structure not originally designed or intended for such use shall not be extended to any other pan of the building or structure. No nonconforming use may be extended to occupy any land outside the building or structure, nor any additional building or structure on the same plat, which was not used for such nonconforming use at 2. No structure used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with tbe provisions of this chapter [ordinance]. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of nonbearing walls, fixtures or other interior alterations, shall be permitted each year in an amount not to exceed twenty-five (25) percent of the assessed value of the building or structure for that year as determined by the Palm Beach County Property Appraiser, subject to the provisions of the preceding paragraph and provided such work does not increase the cubic volume of the structure, the floor area devoted to the nonconforming use or the number o.f. dwelling units. Nothing in these regulations shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by nonconforming use. E. NONCONFORMING STRUCTURES. The lawful existence of a structure or building at the effective date of the adoption or amendment to these regulations, although such structure or building does not conform to the building and site regulations of these regulations for minimum lot area and dimensions, minimum yard setback requirements, maximum building height, total floor area requirements, or other characteristics of the structure, or its location on the lot, may be continued so long as it remains otherwise lawful. A nonconforming structure or building (as opposed to a structure or building used for a nonconforming use) may be maintained and repaired, but it shall not be added to or altered in a fashion so as to increase the extent to which the structure or building is in violation of applicable regulations. A nonconforming structure or building may be added or altered if such alteration or addition does not in itself constitute a further violation of existing regulations. F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an extent that the cost of rebuilding, repair and reconstruction will exceed seventy (70) percent of its current assessed valuation as determined by the Palm Beach County 1997 S-5 Zon~n~ ?~ Property Appraiser, or for any reason is moved any distance, it shall not again be used or reconstructed except in conformity with the provisions of these Land Development Regulations. G. CONTINUANCE, DISCONTINUANCi~ OR CHANGE OF NONCONFORMING USE. 1. A nonconforming use of land or structure shall not be changed to any other use except one which would be permitted as a conforming use in the district in which the land or building is located. However, no change shall be required in the plans, construction, or designed use of any structure for which a building permit was lawfully issued pursuant to Chapter 20 of the Land Development Regulations, and upon which construction has actually begun prior to the effective date of the adoption or amendment of these regulations. 2, Any pan of a structure or land occupied by a nonconforming use which is. changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming- use. 3. If for any reason a nonconforming use of land, structure or any pan thereof ceases or is discontinued for a period of more than six (6) consecutive months, except when government action impedes access thereto, the land shall not thereafter be used for a nonconforming use. H. STATUS OF EXISTING USES REQUIRING CONDITIONAL USE APPROVAL. Any use or structure in lawful existence at the time of adoption or amendment of these zoning regulations which would thereafter require a conditional use approval under its provisions shall be construed to be a nonconforming use. Such uses or structures may become conforming upon application, review, and approval as a conditional use according to the procedures and standards set forth in these zoning regulations for conditional use approvals. However, if approval of a conditional use is not granted for such use or structure, then it shall continue to be construed as nonconforming. Any enlargement, increase, extension, or intensification of a use or structure which would require such approval a~ if it 1997 S-5 were a new use or structure. Any alteration or movement of such use which the development director finds does not enlarge, increase, extend, or intensify the use, shall not require conditional use approval, but shall conform to all other applicable provisions contained in the Boynton Beach Land Development Regulations. I. STATUS OF EXISTING USES REQUIRING ENVIRONMENTAL REVIEW PERMITS. Any use or structure in lawful existence at the time of adoption or amendment of these zoning regulations which would thereafter require an environmental review permit approval under its provisions shall be construed to be a nonconforming use. Such uses or structures may become conforming upon application, review, and approval of an environmental review permit, according to the standards and procedures set forth in these zoning regulations for environmental review permits. However, if approval of an environmental review permit is not granted for such use or structure, then it shall continue to be construed as nonconforming. Any enlargement, increase, extension, or intensification of a use or structure which would require an environmental review permit shall require such approval as if it were a new use or structure. Any alteration or movement of such use which the development director finds does not enlarge, increase, extend, or intensi~ the use shall not require an environmental review permit, but shall conform to all other applicable provisions of the City of Boynton Beach Land Development Regulations. (Ord. No. 96-51, § 8, 1-21-97) Sec. 11.2. Conditional uses. A. SCOPE. Where zoning district regulations indicate that a use is allowed as a conditional use, the procedures, requirements, and standards set out in this section shall apply. B. DEFINITION. A conditional use is a use that would not be appropriate generally, or without restriction, throughout a zoning classification or district. Such uses however, if controlled as to area, location, number, or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity, and safety of the city. Such uses 74 Boynton Beach Code may be allowed in a zoning classification or district as a conditional use if specific provision for such a conditional use is made in these zoning regulations. C; PROCEDURES. Any person, firm or corporation owning property within the City of Boynton Beach, desiring to obtain a conditional use, shall proceed in the following manner: 1. The owner shall submit an application to the planning director, on forms prescribed by the director. Designation of a person other than the owner to sign the application shall be in writing and attached to the application. Each application shall be accompanied by a fee as adopted by resolution of the City Commission payable to the City of Boynton Beach, Florida. 2. The planning director shall then refer the application to the planning and development board for a public hearing in accordance with the following: a. The owners of all property located four hundred (400) feet surrounding the subject parcel shall be notified. b. The ownership of all the surrounding properties as submitted by the applicant, shall be reviewed by the city clerk, who shall notify the owners by regular mail of the date and purpose of the public hearing. Mailing shall be at least ten (10) days in advance of the public hearing so that owners may be represented in person, or by proxy. For notification purposes, the owners of property shall be those recorded on the latest official county tax rolls. c. Notice of the public hearing shall also be advertised in a newspaper published in this city at least ten (10) days in advance of the hearing. 3. After holding a public hearing and reviewing the application, the planning and development board, subject to the standards of subsection D below, may approve (with or without conditions' and safeguards) specifying a time limit within which the conditional use must be developed, or it may deny the conditional use. A written report of the board's findings shall be forwarded to the City Commission. 4. Upon receipt of any rq~on and recommendation, the City Commission at a regular meeting shall review the application, and subject to the standards of subsection D below, may approve (with or without conditions and safeguards) specifying a time limit within which the conditional use must be developed, or it may deny the conditional use. 5. After receiving approval from City Commission, the applicant may proceed to furnish the necessary information to the development department for obtaining building permits. The development department shall not issue a building permit unless such permit conforms in every respect to the conditional use as approved by City Commission. D. STANDARDS FOR EVALUATING CONDITIONAL USES. The planning and development board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, c~ board and commission shall consider the effect of c. proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provision has been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection D. 1. above, and the economic, glare, noise, and: odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. ~Zonln~ 3. Refuse-and service areas, with particular reference to the items in subsection D. 1. and D.2. above. 4. Utilities, with reference to locations, availability, and compatibility. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. developing a conditi°nal use have been construCted on the property. 2. The City Commission may extend a conditional use approval in accordance with the standards set forth herein. If the City Commission does grant approval for an extension of a conditional use, it shall also set a time period for such extension, and in the event that development has not progressed to the extent specified in subsection E.I. above at the expiration of the time period, then the extension shall be deemed to have expired. However, an applicant may apply for more than one (1) extension of a conditional use. 7. Required setbacks and other open spaces. 8. General Compatibility with adjacent properties, and other property in the zoning district. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. 10. Economic effects on adjacent and nearby properties, and the city as a whole. il. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards, Section 4.N of Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances. E. TIME LIMITATION; EXTENSION OF CONDITIONAL USES. 1. When the City Commission approves a conditional use, it shall establish a time limit within which a conditional use may be developed. In the event that the conditional use is not developed within said time limitation, it shall expire unless improvements representing twenty-five (25) percent of the total cost of all improvements to be used in a. An application for an extension of a conditional use shall be submitted to the planning director on forms prescribed by the director not less than forty-five (45) days prior to its expiration. Each application for extension shall be accompanied by a fee as adopted by resolution of the City Commission, payable to the City of Boynton Beach, Florida. The planning director, upon receipt of a properly completed application, shall forward the same to the planning and development board Which shall make a recommendation to the City Commission to either approve or deny the extension request. If the recommendation of the planning and development board is for approval, it shall also recommend a time period for the extension. b. In evaluating applications for extensions, the City Commission and planning and development board shall use the following standards: (1) Where there are substantial physical improvements on the land. Developmem approval for any extension is granted by the city only to enable an applicant to complete development and construction of a project as opposed to permitting a land speculator to retain an approval to more readily sell the land. Thus, consideration shall be given to applicant's genuine desire to physically develop the land involved as evidenced by his diligence and good faith efforts to actually commence and complete construction of the project for which original approval was granted. In determining good faith, some factors to be considered are: The extent to which construction has commenced, when construction has occurred (construction which is commenced immediately 76 Boynton Beach Code preceding expiration generally indicating a lack of good faith), and the extent to which there has been a bona fide continuous effort to develop but because of circumstances beyond the control of the applicant, it was not possible to meet the time limitation referred to in subsection E. 1. above. (2) When the land has not been substantially physically improved or the applicant has not met the standards of E.2.b.(1) above. The application shall be evaluated in accordance with the criteria set 'forth in Section 11.2D. which relates to an original application to be considered under this subsection, the planning director may require the submission of such additional and current information as he may deem appropriate to evaluate the application. The additional and current information requested shall be of the same type as is required under Section 11.2F. for an original conditional use application. (3) When a. conditional use expires and no extension has been approved. Any building permits outstanding with reference to such conditional use shall also expire, unless as to a particular permit, construction has commenced as defined in Chapter 5 of this Code. F. CONTENTS OF THE CONDITIONAL USE APPLICATION. Applications for conditional use shall contain the following items, where applicable: 1. Statement of the applicant's interest in the property to be developed, including a copy of the last recorded warranty deed, and a certificate from an attorney-at-law or a title insurance company certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein, and a. If joint and several ownership, a written consent to the development proposal by all owners of record, or b. If a comract purchase, a copy of the purchase contract and written consem of the seller/owner, or c. If an authorized agent, a copy of the agency agreement and written consent of the principal/owner, or d. If a lessee, a copy of the lease agreement and written consent of the owner, or e. If a corporation or other business entity, the name of the officer or person responsible for the application, and written proof that said representatives have the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. 2. Legal survey, prepared by a surveyor registered in the State of Florida, showing an accurate legal description of the subject property, and the total acreage computed to the nearest one-tenth (1/10) of an acre. 3. Vicinity map showing the location of the subject property in relation to the surrounding street system. 4. Drawing showing the location of all property lying four hundred (400) feet surrounding the subject parcel, and a complete list of the property owners' names, mailing addregses and legal descriptions. The owners of property shall be those recorded on the latest official county tax rolls. Such list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge, said list is complete and accurate. :5. Site plan drawn to an appropriate scale, showing the following: a. Name of the project. b. Name, address, and telephone number of the owner and applicant. c. North arrow, date, and scale. d. Legal description. e. Location of all proposed buildings and structures, indicating their setback distances from the property lines and roadways. f. Intended ~e of all buildings g. Existing and proposed means of vehicular ingress and egress to the subject property. Indicate traffic flow and show how vehicular traffic will be separated from pedestrian and other types of traffic. h. Location of off-street parking and loading areas, showing the number of parking spaces, and the dimensions of parking aisles and driveways. i. Location of all utility lines including gas, power, sewer, water, etc. j. Location of all buffers, fences, screens and walls, showing height and type of materials used. k. Location of ali signs indicating height, lighting, and type of materials used. 1. Location of outdoor lighting showing direction, height, and type. m. Locationofsolid waste containers, refuse, and service areas, indicating dimensions, type of materials used, and type of screening. n. Site development date,' including: (1) Zoning district (2) Area of subject property sq. ft. __ acres. (3) Type of development (4) Parking spaces required (5) Parking spaces provided (6) Ground floor building area sq. ft. % of site. (7) Total floor area % of site. sq. ft. sq. ft. (8) Lar~cape area ' % of site. (9) Parking and street area sq. ft. % of site. (10) Building heights, ft. ~. stories If the proposed project is a residential development, the following additional data shall be shown: (11) Number of dwelling units _ (12) Gross density (13) Number and type of dwelling (a) Efficiency Co) One bedroom __ (c) Two bedroom __ (d) Three bedroom (e) Four bedroom __ (f) Total number of units _ dwelling unit: sq. ft. sq. ft. sq. ft. sq. ft. (14) Floor area of each type of (a) Efficiency (b) One bedroom (c) Two bedroom (d) Three bedroom 78 Boynton Beach Code sq. ft. (e) Four bedroom __ following: (15) Indicate the total area of the (a) Principal buildings __ sq. ft. % of site. (b) Accessory buildings__ sq. ft. % of site. (c) Recreation areas sq. ft. % o_f site. (d) Water bodies sq. ft. % of site. (e) Golf course sq. ft. % of site. o. Any other information necessary to establish compliance with the section. Furthermore, any information required for site plans in accordance with Chapter 4 of the City of Boynton Beach Land Development Regulations shall also be required. safety, or general welfare of the city or the public. Such uses may be allowed upon the submission, review, and approval of an application for an environmental review permit according to the standards, requirements, and procedures set forth in this section, C. PROCEDURES. Any person, firm, or corporation owning property within the City of Boynton Beach, or intending to operate a use thereupon, and desiring to obtain an environmental review permit for the use of such property, shall proceed in the following manner: 1. The owner shall submit an application to the city planner, on the forms prescribed by the city planner. Data and plans contained in or accompanying the application may be for the maximmn anticipated extent of the project or any characteristic thereof, and approval of an environmental' review permit shall be for any extent of the project, up to and including the maximum approved. A single application and application fee may include one or more uses requiring an environmental review permit, provided that all such uses are located on the same premises or property. All applications shall contain at a minimum, the following information: Sec. 11.3. Environmental review permits. a. Name of the project. A. SCOPE. Where zoning district regulations indicate that a use may be allowed subject to obtaining an environmental review permit, the procedures, requirements, and standards s~t forth in this section shall apply. B. INTENT AND PURPOSE. Those uses which require an enviwnmentai review permit in a zoning district are uses which would bo appropriate in the particular zoning district only upon findings by the environmental review committee to the effect that the establishment of the use in a particular manner on a specific site would not violate the provisions of Section .4.N, Chapter 2, would not impair the functioning of any infrastructure or public services, would not impair the use, enjoyment, value, or development of adjacent or nearby property, and would not impair the general appearance, comfort, convenience, good order, health, morals, prosperity, b. Name, address, and telephone number of the owner, applicant, and agent. c. Authorization, by the owner, of any person other than the owner to sign the application, to be provided in writing and attached to or contained in the application. d. Statemem of the applicant's interest in the property. site. e. Street address or location of the f. Legal description of the site. g. Intended use(s) of the site. h. Names of all persons who prepared 79 the documents and plans accompanying the application, including the archit~t, landscape architect, site planner, engineer, surveyor, and traffic engineer. i. Zoning district. j. Area of the site, in acres and square feet. h. Use of each structure, indicated on the site plan. i. Indication of the height and number of stories of each structure. j. General floor plans for all structures, including indication of all window and door openings and their sizes. k. Total floor area, and floor area to be devoted to each use. k. Uses within each structure, indicated on floor plans. 1. Maximum height of structures on site, in feet and stories. - - 1. Uses outside of structures, and approximate extent, indicated on the site plan. 2. The following information and showings shall be contained on the plans or documents, provided in six (6) copies, accompanying the environmental review permit application. The applicant shall have the option Of stating that any of the information Or showing~ listed below is not provided, if the environmental review committee finds that such information or showings are nonessential. parcel. a. Boundaries and dimensions of the b. Numerical scale, graphic scale, north arrow, and date. m. Location of walls, fences, and hedges, including their height and materials. n. Information regarding form of ownership (condominium, fee simple, lease, etc.) o. Location of existing utility lines on or adjacent to the property indicated On the site plan. Also, location of existing fire hydrants on or within three hundred (300) feet of the site. p. Location of additional fire hydrants, to meet standards set forth in Article X, Section 16, of the subdivision and platting regulations. districts. c. Adjacent land uses and zoning site. d. Zoning district setback lines on the e. Pavement edge and/or right-of-way lines for all streets, alleys, sidewalks, turn lanes, driveways, and unimproved rights-of-way, within one hundred (100) feet of the site; also, names of adjacent streets and rights-of-way. q. Fire flow calculations justifying line size for both on and off-site water lines, if new water lines or fire hydrants are required. r. Schematic engineering drawings for proposed utilities as per city specifications. s. General location of off-street parking and loading facilities and number of parking and loading spaces; also, location of entrance driveways and interior driveways. f. Location of all proposed structures, and any existing structures that are to remain on site. g. Setback of .all structures from property lines. t. Description of machinery, tools and processes to be used on the premises. u. Description of any potentially flammable, explosive, toxic, noxious, or otherwise hazardous or offensive materials to be transported to 80 Boynton Beach Code and from the site, including methods of transport and transfer, and maximum quantities. Also, description of any such materials to be stored, used, and produced on site, including maximum quantities. v. General description of solid waste that would be produced; specific description of any flammable, explosive, toxic, noxious, or otherwise hazardous or offensive solid waste, including maximum quantities and methods of disposal. w. Description of potential nuisances and hazards, including odors, heat, glare, radiation, noise, vibration, smoke, dust, dirt, toxic or noxious matter, fire and explosion hazards, and electromagnetic interference, an~t plans for prevention or abatement of such nuisances and hazards. x. Description 'of quantity of flow and rates of discharge, and analysis of liquid waste consistent with Section 26-81 of the City of Boynton Beach Code of Ordinances, and any plans for pretreatment, control over quantities and rates of discharge, or payment to cover the added cost of handling and treating the wastes. y. Plans for emergencies including fire, explosion, and escape of toxic, flammable, radioactive, or otherwise hazardous materials, where such hazards would exist on the premises. z. Any other engineering and/or technical data, as may be required by the environmental review committee to determine compliance with the provisions of the City of Boynton Beach Code of Ordinances and Land Development Regulations, and the intent and standards set forth in this section. 3. Application fee. No application for an environmental re-view permit shall be accepted or processed unless a fee as adopted by resolution of the City Commission is paid to the city at the time the application is submitted. Said fee shall be paid in addition to any other fees which may be required for approval of the project. 4. Environmental review committee, establishment and composition. An environmental review committee for the review and approval of applications for environmental review permits is hereby established, which shall consist of the development director, the utilities director, the public wori~ director, the fire chief, and the city planner, or their duly authorized rePresentatives, and any other persons that the city manager may designate as members of the environmental review committee, either permanently or with respect to a particular application. 5. Duties of environmental review committee. The environmental review committee shall review every application for an environmental review permit, in order to coordinate the technical advice and expertise of the members of the committee, to ensure compliance with the standards, requirements, and procedures of this section, and to ensure compliance with all applicable provisions of the City of Boynton Beach Land Development Regulations. 6. ' Environmental review permits and other use or development permits. No building permit or occupational license shall be issued, and no site plan as set forth in Chapter 4 shall be approved, or any other use or development permit or approval shall be granted, for a use requiring an environmental review permit, until an environmental review permit has been granted. Site plan review may proceed simultaneously with review of an environmental review permit application, and plans and documents submitted for review of an environmental review permit may also be used for site plan review; provided, however, that in all cases approval of the environmental review permit shall precede approval of the site plan. 7. Environmental review permits and state pollution control regulations and permits. In the event that state regulations or permits would apply to emission of pollutants from a use, such regulations and permits shall govern in all cases provided that an environmental review permit is granted for the use. Where the level of pollution discharge which would be lawful under state regulations and permits would not meet the standards set forth in Section 11.3.D., such use shall not be granted an environmental review permit. In no case shall the. issuance of an environmental review permit be construed to relieve the applicant from complying with or obtaining applicable federal, state, or county regulations or permits of any type. 8. Review procedure. In the review of applications for environmental review permits, members of environmental review committee shall make written comments as to the desirability of'~he use described in the application locating on the site proposed, and modifications that are recommended to the proposed use and development of the property in order to meet the standards set forth in Section 11.3.D. No application shall be considered to be approved until all members of the environmental review committee have approved the application. The environmental review committee may impose any conditions and safeguards necessary to ensure compliance with the standards set forth in Section 11.3.D. and shall not approve any application for an environmental review permit that does not comply with such standards. The environmental review committee may disapprove any application in whole or in part, or any characteristic of the use described therein, which does not comply with such standards, The committee shall designate a secretary who shall be responsible for recording the findings of the committee with respect to the conformance of the application with the standards set forth in Section l l.3.D., insofar as such findings are grounds for disapproving or requiring modifications to the application, and any specific modifications which are to be imposed on the application. The secretary shall notify the applicant in writing of such findings, and any conditions, safeguards, limitations, or modifications which are required. Such notification, if the application is approved, shall constitute the environmental review permit. 9. Actions by the environmental review committee. The environmental review committee, after review of the application, shall take one of the following actions: a. Approve the application as submitted; b. Request additional information and/or modifications to the application before further action on the application is taken; or c. Disapprove the application. · 81 No application for an environmental review permit shall be approved until it has been approved in its final form by the environmental review committee without requiring further information or modifications. 10. Presence of applicant at review. The applicant or his agent may be present at the review of the application or any subsequent review of the permit by the environmental review committee. The committee or any member thereof may require the attendance of the applicant or his agent for the review of the application or permit. Failure of the applicant to attend when requested to do so shall negate the provisions of Section 11.3.C. 11. 11. In the event that the environmental review committee fails to review the application and act on the application as set forth in 11.3.C.9. within thirty (30) days after the application is received and accepted by the city planner, the application for environmental review permit shall be deemed to be approved as submitted. Upon written request by the applicant, and with the approval of the environmental review committee, the time limitation specified above may be extended for a specified period of time. Where time limitations would be in effect both for action by the environmental review committee and for other use or development permits or approvals, only the time limitations for action by the environmental review committee 'shall be in effect until the committee takes f'mal action on the application. 12. Permit conditions. The application form and all accompanying plans, papers, and documents shall be considered to be the application for the purposes of this section. The application as approved in its final form by the environmental review committee shall be considered to be the conditions of the environmental review permit which is subsequently granted. No building permit, occupational license, site plan approval, or other use or development permit or approval shall be issued that does not fully comply with all permit conditions. No changes in permit conditions shall be made except in accordance with Sections 11.3.C. 15. or 11.3.C. 16. 13. Expiration of environmental review permits; time extensions. 82 Boynton Beach Code a. In the event that an application for a building permit has not been received and accepted by the development department within one year, or in such cases that a building permit is not required, an occupational license has not been issued within one year from the date of final approval of the environmental review permit application, the permit-- shall become null and void. ~In cases where subsequent approval of a site plan under Chapter 4 is required, the time limitation specified in this paragraph shall be measured from the date of final approval of the site plan. One or more time extensions for a period not to exceed one year each may be granted by the envirortmentni review committee. Such time extensions shall be accompanied by findings by the committee that good cause, as defined in Section 11.3.C.16., does not exist for disapproval of the time extension or modification of the permit conditions. Where such time extension has been granted, the committee may except the environmental review: permit from any amendments to the City of Boynton Beach Land Development Regulations which had been adopted since the date of final approval of the permit., .for a single period not to exceed one year. Where such exception has not been granted, a time extension shall not be considered until a revised application, showing conformance to the panicular section(s)of the Regulations, has been submitted:to and approved by the committee. No application fee shall be required for an application for time extension; however, if such time extension is denied, then any new application shall require a fee, av_d shall be processed as if it were a new application. b. A permit shall also expire if surrendered by the permit holder or if the use which is permitted ceases for any reason, except when government action impedes access to the premises, for a period longer than three hundred and sixty-five (365) consecutive days, or the same number of days in any three-year period. 14. Suspension or revocation of environmental review permits. a. Environmental review permits shall be effective until suspended, revoked, surrendered, or expired. b. An environmental review permit shall not become a vested property right in the permit holder or the premises on which the use is located. The environmental review committee may suspend or revoke any such permit if it finds that the permit holder or his agent: (1) Has violated any applicable law regarding the permit, any of the standards set forth in Section l l.3.D., or any of .the permit conditions. (2) Has submitted false or inaccurate information in or accompanying the application for an environmental review permit. (3) Has refused lawful inspection under Section 11.3.C. I9. ~ ' c. No suspension or revocation of a permit shall become effective until written notice has been provided to the permit holder, specifying the law, standard, and/or permit condition alleged to have been violated, and the facts alleged to constitute a violation thereof. The permit holder shall be allowed not less than thirty (30) days between the date of notification and the date of review of the suspension or revocation of the permit by the environmental review committee. This paragraph shall not restrict the development director from lawful action under Section 11.3.C. 19, 1:5. Modifications to environmental review permits. The following requirements, standards, and procedures shall apply to any proposed modifications to an environmental review permit or any permit conditions. a. Types of modifications requiring notice to the city planner. The following types of modifications to a previously approved environmental review permit shall require that the applicant submit to the city planner six (6) copies of a written and/or graphic description of the proposed modification: (1) Any change in quantities or types of potentially hazardous, flammable, toxic, noxious, or otherwise hazardous or offensive materials that are to'be transported to or from the premises, or stored, used, or produced on the premises, from the maximum quantities or types specified in the approved permit application. Also, any changes in the methods of transport, storage, processing, use, production, or disposal of such materials from that specified on the approved permit application. (2) Any change that could potentially cause the use to not be in compliance with the standards set forth in Section 11.3.D. another permit. (3) Any addition of or change to use requiring an environmental review (4) Any modification to a condition of approval, specifically imposed by the environmental review committee, with respect to the abatement or prevention of a nuisance or hazard, or with respect to any of the standards set forth in Section 11.3.D. (5) Where application for site plan approval or modification is made, and'a member of the environmental review committee requests notification to the city planner consistent with 11.3.C.15.a. above. Review of modifications to an environmental review permit may proceed simultaneously with review of a site plan, and plans and documents submitted for review of a site plan may also be used for an application to modify an environmental review permit; provided, however, that in all cases, approval of such modification shall precede the approval of the site plan. b. Upon receipt and acceptance of an application for modification to an environmental review permit, the city planner shall transmit a copy of same to all members of the environmental review committee. Each member of the committee shall notify the city planner in writing either that he has no objections to the proposed modification, requests additional information from the applicant, or requests that the committee review the proposed modification. Where no objections are stated by any member of the environmental review committee, the proposed modification shall, without further action, be considered to be approved. If any member of the committee states an objection to the proposed modification, requests that certain limitations or conditions be placed on the proposed modification, or requests that the committee review the proposed modification, then the environmental review committee shall meet and review the proposed modification. Where review by the committee is required, then an application shall be submitted and an application fee shall be paid, and the proposed modification shall be reviewed according to the standards and procedures for an original application, except that the plans and documents accompanying the application may be limited to those materials which would be relevant to the proposed modification. 16. Modifications to permits initiated by the environmental review committee. The environmental review committee may require the holder of a permit from time to time, and for good cause, to conform to new or additional conditions, specify a time limit for compliance with same, and grant time extensions. The city planner shall provide written notice to the holder of the permit that a modification to the permit conditions is to be considered by the environmental review committee, and may request that plans, documents, or other information relevant to the proposed modification be submitted to the city planner. No application fee shall be required from the permit holder in such cases, and the permit holder shall be allowed not less than thirty (30) days between the date of notification and the date of review by the environmental review committee. For the purpose of this section; good cause shall include but shall not be limited to, the following: a. A showing that any of the standards set forth in Section 11.3.D. which were in effect at the time the pen'nit was issued are not being complied with. b. A showing that an improvement in the abatement or prevention of nuisances or hazards can be accomplished because of technological advances, without imposing unreasonable hardship. c. A showing that new scientific knowledge exists which indicates that the hazards associated with the use are significantly greater than previous knowledge had indicated. Boynton Beach Code 17. Transfer of permits. An environmental review permit shall be issued in the name of a person, firm, or corporation and shall be Valid for only the person, finn, or corporation named on the permit. Upon sale or transfer of the use or premises, the new owner or operator shall apply in writing to the city planner for a transfer of permit within thirty (30) days of the date of transfer or sale. Unless the transferor notifies the city planner in writing of the transfer and to whom the permit is transferred, the transferor shall remain liable for performance in compliance with the permit until the permit is ,.ransferred. 18. Operational problems. In the event that the permit holder is temporarily unable to comply with the permit conditions, due to the breakdown or damage to equipment or structures, or for other reasons, the permit holder shall immediately notif, y the development director. Such notification shall include information as to the case, and what measures are being taken to correct the problem and prevent its recurrence. if action consistent with Sections 11.3.C. 16. should be taken. 20. Appeals from decisions of the environmental review committee. All appeals from decisions of the environmental review committee shall be considered decisions of an administrative official. D. FACTORS AND STANDARDS TO BE CONSIDERED BY THE ENVIRONMENTAL REVIEW COMMITTEE IN THE REVIEW OF PERMIT APPLICATIONS, No application for an environmental review permit shall be approved by the environmental review committee unless the committee has made findings to the effect that the proposed use and development of the property conforms to standards set forth below. Approval of an environmental review permit by the committee shall constitute a finding that the following standards have been met by application. 1. The proposed use is allowed in the zoning district in which it would be located, subject to approval of an environmental review permit. 19. Enforcement', Enforcement of this section and any permit conditions shall be in accordance with Chapter 1, Article I, Section 6 of the Boynton Beach Land Development Regulations. Violation of any provision of this section or of any permit condition shall be considered a violation of these zoning regulations. The development director or his duly authorized representative may enter any building, structure, or premises to enforce any provision of this section, to ensure compliance with any permit condition, or to perform any other duty imposed upon him by this section. Where any use requiring an environmental review permit is constructed, operated, or maintained in violation of any permit condition, or any of the standards set forth in Section ll.3.D., or presents a clear and present danger to the persons or property, the development director or his duly authorized representative may immediately require operation of the use to be stopped, or require any nuisances or hazards to be abated or removed. Such notice shall be in writing and shall be given to the owner or operator of the property or use, or his agent. The environmental review committee may review any such order of the development director to determine 2. The proposed use conforms to the intent and purpose of this section. 3. The proposed use meets the performance standards for nuisances and hazards set forth in Section 4.N. of these zoning regulations. 4. The proposed use conforms to accepted industry and insurance standards and good. engineering principles and standards for the transport, storage, and use of materials, design of structures, the design and operation of machinery, and the abatement or prevention of nuisances arid b-7~rds. 5. The proposed use would be compatible with the character of the surrounding area and the city as a whole, including both present and future development. 6. The proposed use would conform to the city's comprehensive plan and any detailed plans adopted pursuant to the comprehensive plan, including, but not limited to, requirements of the Treasure Coast Regional Planning Council. 1997 S-5 Zoning 85 7. The proposed use and development of the premises would conform to all applicable provisions of the City of Boynton Beach Land Development Regulations. 8. The proposed use would not have a significant adverse economic impact or blighting influence on adjacent or nearby property or the city as a whole, and would not significantly reduce property values or impair the developability of adjacent or nearby properties. 9. The height, bulk, and location of proposed structures would be compatible with adjacent and nearby property, and the city as a whole. 10. Proposed screening and buffering measures would be adequate for reducing nuisances, hazards, and visual impacts. 11. The proposed use would not constitute a serious hazard in case of floodiog,.~ storms, tornadoes, or hurricanes. 12. The proposed use would be compatible with surrounding streets and roadways, would have adequate ingress, egress, and traffic control, would not significantly impair the safety or convenience of vehicular or pedestrian traffic, and would Provide necessary improvements on both private property and on rights-of-way, in order to mitigate negative impacts. Also, the proposed use would not cause damage or excessive wear to streets and roadways. 13. The proposed use would have adequate access for police and fire protection, and emergency ambulance or rescue service. 14. The proposed use would have adequate plans for emergencies, including fire and explosion, and the escape of flammable, explosive, toxic, or noxious materials. 15. The proposed use would have adequate space for off-street parking and loading. 16. The proposed use would have adequate provision for solid waste collection. 17. The proposed use would have adequate provision for the construction and maintenance of utilities and other public services. 18. The proposed use would have appropriate hook-up locations for utilities, and utility lines in the area are available for and are compatible with the proposed use. 19. Adequate water supply and water lines exist for the fire flow that would be required for the proposed use, and the fire protection required for the proposed use would be compatible with available fire protection equipment. Also, fire hydrants would be located with sufficient proximity to the proposed use. 20. Adequate water supply exists for the water that would be consumed by the proposed use. 21. Waste water discharges from the proposed use would be compatible with the capacity of wastewater treatment facilities and would not impair the operation of wastewater treatment facilities, 22. The proposed use would be staffed by qualified personnel so as to ensure the operation and maintenance of the use in conformance with the standards set forth in this section. (Ord. No. 96-51, § 9, 1-21-97) Sec. 12. Interpretation and purpose. In interpretation and application of this ordinance, the provisions herein 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 intended 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 1997 S-5 86 Boynton Beach Code 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-1-A single-family, unless changed by amendment to this ordinance. is in conflict with the proper discharge of his duties in the public interest. Sec. 16. Bed and breakfast. Sec. 13. Existing bulkhead line ratified and confirmed, The bulkhead line heretofore established with the city limits by Ordinance No. 289 of the city, in accordance with Map No. R-56--006 entitled "Bulkhead Line of the City of Boynton Beach, Florida" dated .September, 1956, is hereby ratified and confirmed and said map is hereby adopted by reference and made part hereof. There shall be no bulkhead, seawall, or other structure for land .filling into the water of Lake Worth, which shall extend eastward from the existing shoreline other than as shown on the map referred to above. Sec. 14. Bulkhead line; permit required for land filling. It shall be required, prior to commencing any operation for land filling within the area as shown on the map described in Section 13, a permit for land filling, all of which shall be in accord with the directions and approval by the City Commission. The improvement, or fill, shall have a minimum elevation of not less than six (6) feet above mean sea level according to the current U.S. Government Geodetic St~rvey. Any such applicant shall also 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 regulating land filling operations of the above nature. A. PURPOSE. It is the purpose of this section to provide a minimum set of standards to allow bed and breakfast establishments within certain zoning districts of the city, while setting forth criteria to differentiate them from boarding or rooming houses. Bed and breakfast establishments shall be approved through the Department of Development and City Commission by special land use and building permit procedures. B. REGULATIONS AND STANDARDS: 1. "Bed and breakfast establishment" shall be defined as follows: A private owner occupied residence having more than three and less than ten guest bedroom units. The'bed and breakfast establishment is subordinate and incidental to the' main residential use of the building. 2. In addition to the requirements of the underlying zoning district, all other applicable general regulations, parking regulations, special conditions imposed through the conditional use process, and local, state and federal building codes, the following requirements shall apply to bed and breakfast establishments: a. Each application to the Department of Development shall be accompanied by: (1) A detailed site plan illustrating the location of all structures and improvements, parking, buffering, landscaping the location of guest rooms/units and guest parking spaces and signs shall be submitted for conditional usg approval by the city. Sec. 15. Conflict of interest. No member of these boards shall have any interest, financial or otherwise, direct or indirect, or engage in any business transaction or professional activities or incur any obligation of any nature which (2) Floor plans drawn to scale of the dwelling unit showing each of the bed and breakfast units to be designated and the access to, and egress from, each such unit. All walls separating bed and breakfast units in a structure shall be fireguarded to the two hour time limit. 1999 S-10 Zoning (3) Where exterior changes are proposed, an elevation, or other visual representation, of the facade to be changed sufficient to show the architectural character of the dwelling is maintained as a single family structure. Efforts should be made to ensure the structure is consistent with the integrity of the neighborhood in which it is located. b. Zoning restrictions: Such facilities shall be allowed only upon land that is zoned for residential structures. c. Licenses and permits: The establishment shall obtain all required business licenses and health permits and shall otherwise comply with all building, sign, sanitary and fire codes. Prior to obtaining an occupational license, which shall be renewed annually, the City Building Official shall conduct an inspection of the property to determine compliance With the current requirements of the City's Land Development Regulations and State Building Codes. d. Parking: Required parking'spaces shall be calculated on the basis of one space per each employee, manager or owner and one Parking space for each guest room/unit. Newly created parking may be located only in the rear and side yard. e. Common Area: Within each bed and breakfast establishment, a common area must be provided for a central dining area and for at least one sitting/reading/discussion room. owner and shall be the only meal provided for paying guests who are using the facility overnight and their guests, The breakfast meal shall not be served after 11:00 a.m. (2) The maximum stay for each individual who is using the facility shall be 14 consecutive days and not more than 14 days during any 90 day period. The owner and/or manager shall maintain a guest book, which accurately identifies all customers for each night's lodging. This register of guests shall be available to City Inspectors during reasonable business hours. Check-in and check-out shall take place between 8:00 a.m. and 8:00 p.m. only. (3) The owner of the bed and breakfast establishment must reside in the inn or elsewhere on the premises. h. Signage: All signs shall conform to the regulations of the underlying zoning district. i. Items for sale: Commercial social events and sale and/or display of merchandise is prohibited in the' bed and breakfast establishment. j. One room cottages with existing kitchenettes would be considered within the scope of this section and will not be required to remove the kitchenettes. (Ord. No. 98-42, § 1-2, 12-1-98) f. Number of units: The number of bedrooms and bathrooms provided should be as existed when the structure was originally constructed, including additions, unless modifications are necessary to comply with Building, Fire and/or Health Codes. g. Restrictions onuse and employees: (1) There shall be no cooking facilities or food storage in any .rental room/unit. Meals shall be served by the Manager and/or owner only to the Manager and/or owner, and nonpaying bonafide guests of the manager and/or owner. Breakfast shall'be served by the Manager and/or 1999 S-10 88 Boynton Beach Code 1999 S-10 Chapter 2.5 PLANNED UNIT DEVELOPMENTS Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Sec. 10. Sec. 11. Sec. 12. Sec. 13. Intent and purpose Definition Nomenclature Relation of land use intensity (LUI) ratings to regulations Minimum land areas for PUD Unified control Uses permitted Locational standards for PUD's Internal PUD standards Procedures for zoning of land to PUD Preliminary and final development plans Plan modification Zoning administrator Sec. 1. Intent and purpose. A Planned Unit Development District (PUD) is established. It is intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the city, and the protection of adjacent and existing and future city development. The district is suitable for development, .redevelopment and conservation of land, water and other resources of the city. Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable city regulations to the same degree that they are intended to control development on a lot-by-lot basis. In view of the substantial public advantages of planned unit development, it is the intent of PUD regulations to promote and encourage development in this form where tracts suitable in size, location and character for the uses and structures proposed are to be planned and developed as unified and coordinated units. Sec. 2. Deirmition. A "planned unit development": A. Is land under unified control, planned and developed as a whole in a single development operation of an approved programmed series 'of development operations for dwelling units and related uses and facilities; B. Includes principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of which it is a part;' ¢. Is developed according to comprehensive and detailed plans which include streets, utilities, lots, building sites and the like and site plans, floor plans and elevations for all buildings except for single family homes intended to be located, constructed, used and related to one another, and detailed pla0s, for other uses and improvements on the land related to the buildings~ D. Includes a program for full provision, maintenance and operation of such areas, improvements, facilities and unit development, but wil[not be provided, operated or maintained at public expense. Sec. 3. Nomendature. The boundaries of land zoned to PUD classification shall be indicated on the official zoning map with the symbol "PUD" together with the land use intensity (LUI) rating assigned at the time of zoning, which shall be used for such lands. Sec. 4. Relation of land use intensity (LUI) ratings to regulations. The land use intensity (LUI) rating assigned at the time of zoning land to PUD correlates for the project the required land area, floor area, open space, living space, recreation space, off-street parking and other matters. The various ratios, based on LUI ratings, shall be as shown on Table 1. 1997 S-5 2 Boynton Beach Code TABLE1 LUI RATINGS WITH STANDARD RATIOS LUI LUI LUI LUI LUI $.00 4.00 5.00 6.00 7.00 Minimum lot area (in acres)-Residential uses only: 25 20 15 10 Minimum lot area (in acres)-With commercial uses: 100 80 60 40 20 Maximum percent of total land area which may be used for commercial purposes: 5 5 6 8 10 Floor area ratio (FAR)i* 0.10 0.20 0.40 0.80 1.60 Open space ratio (eSR): 8.00 3.80 1.80 0.80 0.43 Living space ratio (LSR): 6.20 2.60 1.10 0.50 0.27 Recreation space ratio (RSR): 0.25 0.18 *As indicated and referenced by HUD Publication #7. 0.12 0.09 0.07 Minimum standards for multi-family housing shall be those minimum standards as set forth in the Standard Buiiding Code. Application of above ratios: FAR x lot area = Maximum permitted floor area. Actual floor area x eSR = Minimum required open space. Actual floor area x LSR = Minimum required living space (not for automobiles), pan of required open space. Actual floor area x RSR --- Minimum countable recreation space, pan of required living space. Floor area as computed from FAR, shall include the floor area of all permitted principal or accessory uses except areas for parking, storage, elevator hoist equipment or machinery, heating or air conditioning equipment, and the like; and requirements deriving from floor areas shall include such floor area. Planned Unit Developments 3 Sec. S. Minimum land areas for PUD. A tract of land proposed for zoning to PUD at a request LUI rating shall contain minimum acreage in accordance with Table I above. Lesser areas than those set out in Table 1 may be approved for PUD in a specific case upon findings by the planning and development board and the governing body that particular circumstances justify such reduction, that the requirements for PUD and the benefits to be derived from PUD can be met in such lesser area, and that permitting such lesser area for PUD is in conformity with the comprehensive plan. Sec. 6. Unified control. All land included for purpose of development within PUD district shall be under the control of the applicant (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PUD. The applicant shall agree to: A. Proceed with the proposed development according to the provisions of those zoning regulations and conditions attached to the zoning of '-the land to PUD; B. Provide agreements, contracts, deed restrictions and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PUD and for continuing operations and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at public expense; and C. Bind their successors in tide to any commitments made under A and B above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to PUD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. In a PUD District, buildings or structures, or land, or water shall be used only for the following purposes: A. Single-family dwellings; B. Two-family dwellings or duplexes; C. Multiple-family dwellings, townhouses, garden apartments and cluster housing; D. Private, nonpwfit clubs, community centers, civic and social organization facilities; E. Private parks, tennis courts, playgrounds, putting greens, golf courses, driving ranges and other recreation facilities; F. Public utility buildings, structures, and facilities necessary to service the surrounding neighborhood; G. Houses of worship, schools, nursing homes, nursery schools, kindergartens and hospitals; H. "Neighborhood* commercial uses which are determined at the time of zoning to PUD, to be compatible with the existing and future development of adjacent and nearby lands outside the PUD; I. Other uses of a nature similar to those listed, after determination and recommendation by the planning and development board, a determination by the governing body at the time of zoning that the use or uses are appropriate to the PUD development. J. Permitted uses for a PUD District shall be specified in the application for zoning of land to PUD classification. K. Prohibited use. Any structure more than forty-five (45) feet in height and more than four (4) stories. L. Home occupations consistent with Chapter 2, Section 11.D. are permitted without the necessity of being specified at the time of zoning to PUD. 4 Bo~nton B~_~h Ce~ Sec. 8. Locational standaFds for PUD's. In reaching recommendations and decisions as m zoning land to PUD classification and the LUI rating of such classification, the planning and development board and the governing body shall apply the following locational standards, in addition to the standards applicable to the rezoning of land generally: A. RELATION TO MAJOR TRANSPORTATION FACILITIES. A PUD shall be so located as to major roadways or other transportation facilities as to provide direct access to it without creating or generating traffic along streets in residential areas or districts outside it. B. RELATION TO UTILITIES, PUBLIC FACILITIES AND SERVICES. A PUD shall be located in relation to sanitary s~wers, water lines, storm and surface drainage systems, and other utilities systems and installations so that neither extension nor enlargement of such systems will-'be required in manner, form, character, location, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development in forms permitted under existing zoning Such PUD's shall be so located with respect to hecessary public facilities (e.g., schools, parks, playgrounds) as to have access to those facilities in the same degree as under existing zoning, and shall be so located, designed and scaled so that access for public services is equivalent to, and net cost for the services under existing zoning. C. PHYSICAL CHARACTER OF THE SITE. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended. In addition to the standards set in Section 4, Table 1, of these zoning regulations, the following standards apply within a PUD District. A. ACCESS. Every dwelling unit, or other use permitted in the PUD, shall have access to a public street either directly or via an approved private road, pedestrian way, court, or other area dedicated to public or private use, or common element guaranteeing access. Permitted uses shall not be required to front on a dedicated public road. B. INTERNAL LOTS AND 'FRONTAGE. Within the boundaries of the PUD, no minimum lot size or minimum yards shall be required; provided, however, that PUD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone. C. OFF-STREET PARKING AND REQUIREMENTS. Off-street parking requirements shall in no event be less than two (2) spaces per dwelling unit. Other off-street parking and loading requirements shall be governed by the zoning ordinance~ D. COMMERCIAL STANDARDS. Commercial uses located in a PUD are intended to serve the m~is of the PUD and not the general needs of a surrounding area. The maximum area within a PUD-which may be devoted to neighborhood commercial uses, including required off-street parking requirements, is governed by Table l, Section 4 and Section 9C. Areas designated for commercial activities shall not generally front on exterior or perimeter streets, and shall be preferably centrally located within the project. E. UNDERGROUND UTILITIES. Direct residential and/or consumer service should be by underground installation to the maximum extent practicable. However, primary service to a general geographic area may be overhead. Appurtenances to Planned Unit DeVelopments 5 these systems which require aboveground installation shall be effectively screened, and, thereby, may be excepted from this requirement. Primary facilities providing service to-the site of the PUD may be excepted. F. RIGHT-OF-WAYS. The minimum width of a right-of-way in a PUD is forty (40) feet. In the event of a conflict with this section and any other provision of the City's Land Development Regulations regulating the width of right-of-ways, this section shall prevail. (Ord. No. 99-17, § 1, 6-15-99) b. Scale, date, north arrow and general location map; c. Boundaries of the property involved, all existing streets, buildings, water courses, easements, section lines and other existing important physical features in and adjoining the project; d. Master plan locations of the different uses proposed by dwelling types, open spaces designations, recreational facilities, commercial uses, other permitted uses, and off-street parking and off-street loading locations; Sec. 10. Procedures for zoning of land to PUD. The procedures for zoning of land to PUD classification with a specific LUI rating shall be the same as for zoning land generally. Because of the differences between PUD developments and the concept of unified control in development, however, the following procedures and requirements shall apply to applications for zoning to PUD classification, in addition to the general requirements: A. APPLICATIONS; MATERIALS TO BE SUBMITTED. In addition to information required for application for zoning generally, the applicant shall submit the following materials or data: 1. Legal documents assuring unified control of the proposed PUD and the agreements required under Section 6. 2. A statement as to the LUI rating sought for the PUD and such supporting evidence or documentation as the applicant may feel is pertinent to enable the planning and development board and the governing body to determine whether or not the LUI rating requested is reasonable and proper. 3. A site development plan containing: a. The title of the project and the names of the professional project planner and the developer; e. Master plan showing access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic; f. Tabulations of total gross acreage in the development and the percentages thereof proposed to be devoted to the several dwelling types, other permitted uses, recreational facilities, streets, parks, schools and other reservations; g. Tabulations demonstrating the relationship of the development to proposed LUI rating as shown in Table 1, Section 4, and proposed numbers and types of dwelling units; and h. Where required by the area planning board, an environmental impact study 'shall be supplied. 4. A statement showing modifications of zoning or other applicable city regulations where it is intended by the applicant that such modification serves the public interest to an equivalent degree. B. PROCEDURES. On application for zoning of land to PUD classification, the planning and development board and governing body shall proceed in general as for other applications for zoning of land giving special consideration, however, to the following matters and requirements, and allowing changes in the zoning application prior to the required planning and development board public hearing, as follows: 1999 S- 1 ! 6 Boynton Beach Code 1. Pre-hearing conference with applicants. On request by the applicant, the city planning consultant and representati.v, es of such other city departmems as may be pertinent, shall meet with the applicant or his agent to review the original application, including all plans, maps and documents submitted by the applicant. The purpose of such pre- hearing conferences shall be to assist in bringing the overall petition as nearly as possible into conformity with these or other regulations applying generally to the property involved and/or to define specifically those variations from application of general regulations which appear justified in view of equivalent service of the public purposes of such regulations. In the course of such pre-hearing conferences, any recommendations for changes shall be recorded in writing and shall become part of the record in the case. All such recommendations shall be supported by stated reasons for the proposal for change. The applicam shall state in writing his agreement to such recommendations, or his disagreement, and if there is disagreement, shall in writing indicate his reasons therefor, and such responses by applicant shall be included in the record. At such time as further conferences appear unnecessary or at any time on the request of applicant, public notice shall be given and the hearing before the planning and development board held as for other applications for zoning, but the notice and hearing shall be on the petition as it may have been amended following the pre-hearing conferences rather than as originally submitted. 2. Planning and development board findings and recommendations. After public hearing, the planning and development board may recommend to the governing body that the PUD zoning be granted, subject to stated stipulations and condition, or disapproved. In making its recommendations, the planning and development board shall find that the plans, maps and documents submitted by the applicant and presented at the public hearing do or do not establish that the applicant has met the requirements of Section 4 of these regulations applicable to zoning generally, and in addition: a. The requirements of unified control and agreement set out in Section 6; in Section 8; The locational standards set out out in Section 9; The internal PUD standards set d. The tract for the proposed PUD is suitable in terms of its relationships to the city comprehensive plan and that the area surrounding the proposed PUD can continue to be developed in coordination and substantial compatibility with the PUD proposed, including overall dwelling unit density and Peripheral transitions in such density; e. That the desirable modifications of general zoning or PUD regulations as applied to the particular case, justify such modification of regulations and meet to at least an equivalent degree the regulations modified, based on the design and amenities incorporated in the site development plan; f. That increased open space is provided for the occupants of the proposed PUD and the general public, and desirable natural features indigenous to the site are preserved in the development plan presented. C. CONDITIONS AND STIPULATIONS. In recommending zoning of land to PUD classification, the planning and development board may recommend and the governing body may attach suitable conditions, safeguards and stipulations, in accord with standards set out in these zoning regulations and in this section. If the preliminary development plan and final development plan as set out in Section 11 below has not been commenced within eighteen (18) months of the date of zoning of land to PUD, then the approval of rezoning shall be subject to review by the City Commission. The City Commission shall direct staff to submit to the City Commission an application which will down zone the property to the original or appropriate zoning district. Following such direction by the City Commission, no new development permits affecting the property shall be issued by the city until a final determination is made by the City 1999 S-11 Planned Unit DeveloPments 7 CommissiOn following notice and public hearing. Upon written request of the applicant prior to the expiration of the PUD classification, the City Commission may extend-for one (1) additional year the period for commencing platting procedures. In granting such extension the City Commission may impose additional conditions to ensure completion of the platting process and conform the project to current development standards, and to protect the health, safety and welfare of adjacent developments. D. TABULATIONS analyzing the number of total gross acres in the project and the percentages thereof proposed to be devoted to the several dwelling types, other nonresidential uses, off-street parking and off-street loading, streets, recreation areas, parks, schools and other-reservations. Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units. These tabulations shall demonstrate relationship to the LUI rating, Table 1, Section 4 of these zoning regulations. If the preliminary development plan and final development plan as set out in Section 11 below has not been commenced within eighteen (18) months of the date of zoning of land to PUD, then the PUD classification and LUI rating shall revert to original or highest zoning. A new plan approval shall be required with procedures as for a new application for zoning (including payment of fees) and no such new application shall have the effect of increasing the LUI rating as previously applied. Sec. 11. Preliminary and f'mal development plans. Plans for development of land zoned to PUD shall be processed in accordance with procedures established in the city Land Development Regulations. The same information and date shall be in substantial compliance with the site development plan submitted as a part of the application for zoning to PUD. In addition to the requirements of the Land Development regulations determined to be applicable, the following information shall be provided: A. BUILDING LOCATIONS AND ARCHITECTURAL DEFINITIONS of all structures proposed except for single family homes which are a part of the project shall be depicted on the preliminary plan or plat and the supplementary materials required. B. MASTER LANDSCAPE plan depicting existing and proposed vegetation and locations thereon on the site. C. FENCE, WELL AND PLANTING SCREEN locations, heights and materials. Once preliminary development plan and plat approval has been obtained the applicant shall proceed in accordance with the requirements of the subdivision regulations, determined to be applicable. In addition to the plat certificates specified in the city subdivision regulations and prior to recording a final plat, the developer shall file, as specified at the time of zoning, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities; including streets, drives, parking areas and open space and. recreation facilities; or he shall file such documents as are necessary to show how the said common areas are to be improved, operated or maintained. Such documents shall be subject to the approval of the city attorney. (Ord. No. 96-52, § 1,.1-21-97) Sec. 12. Plan modification. Master plans approved during the process of rezoning to PUD may be considered for modification upon application to the director of planning and zoning, submission of acceptable documentation, and payment of the master plan modification fee. The modification will be first reviewed by the planning and zoning department to determine whether the modification is consistent with not only all current regulations but also the intent and purpose of the comprehensive plan; and to determine whether the change is substantial. Upon completion of the administrative review. findings will be forwarded to the planning and development board which will review all submitted documents as well as staff comments with all the authority, functions, powers and duties vested in it by 1999 S-11 8 Boynton Beach Code Chapter 1.5, Article I, Section 4 of the Land Development Regulations. The planning and development board shall recommend to the City Commission that they approve the modification unconditionally, approve the modification with conditions and/or recommendations, or deny the modification. The board shall also recommend to the City Commission that the modification be considered either major or minor. Upon completion of the planning and development board review, findings will be forwarded to the City Commission. The City Commission will first determine whether the modification is major or minor. If the Commission finds the ~'idification to be major, the request will be returned to the applicant for processing as a new zoning application. The determination of what constitutes a substantial change shall be at the sole discretion of the Commission. If the Commission determines that the modification is minor, it will review all submitted documents as well as staff commems and planning and development board recommendations. The City Commission may then approve the minor modification unconditionally, approve the minor modification with conditions, or deny the minor modification. Non-substantial (minor) modifications will not extend time limitations for developmem of property as stipulated in LDR Chapter 2, Section 9, paragraph C13. (Ord. No. 96-52, § 2, 1-21-97) Sec. 13. Zoning administrator~ Building permits. No building permit or certificate of occupancy or Zoning compliance shall be issued in or for developmem in a PUD district except in conformity with all provisions of the zoning or PUD classifications and plans submitted under Section 11 of these zoning regulations. 1999 S- 11 Chapter 3 MASTER PLAN REVIEW Art. I. Art. II. Art. III. Art. IV. In General Applicability Preapplication Conference Master Plan Preparation and Submission ARTICLE I. IN GENERAL Sec. 1. Pm'pose. The purpose of this chapter is to provide a procedure to review new developments, redevelopmems and modifications to existing developments that require compliance with the development regulations of the City of Boynton Beach and promote development that is desirable, innovative, imaginative and compatible with existing development in the city. Sec. 2. Prerequisites to master plan. A. Zoning. Prior to consideration of any proposed ~ubdivision under the terms of this ordinance, the area to be subdivided must have the appropriate zoning for the intended use. B. Suitability of land. Unless adequate methods of correction are formulated and approved in accordance with the provisions of this chapter, land which is determined to be unsuitable for subdivision due to poor soil quality, flooding or other features likely to be harmful to the health, safety and general welfare of future residents, shall not be subdivided. Sec. 3. Administ~tion. For the purpose of coordinating, enforcing and administering this chapter, the director of 1997 S-5 development shall be the administrative officer, except that the director of planning shall be responsible for the review and administration of the pre-application process. Sec. 4. Appeals. When 'an aggrieved party wishes to appeal an administrative, board or commission decision, it must be filed as outlined in Chapter 1, Article VII, Appeals. (Ord. No. 96-53, § 1, 1-21-97) Sec. 5. Approval. Upon receiving the approval as prescribed for the master plan from the director of development, the developer shall coordinate the preparaiion of construction plans, the plat and the construction of required improvements directly with the office of the director of development as hereinafter prescribed. ARTICLE II. APPLICABILITY Sec. 1. Master planning required. The following work shall be required to undergo master plan review: A. All new developments. B. All modifications to existing development that expand floor area, require increased parking, intensify the use of a structure or change the occupancy of a building. C. Exterior remodeling, alterations, modifications. D. Master plans for all planned developments shall comply with this chapter except that lot sizes, Boyn~on Beach Code setbacks and other features preserving open spaces of scenic and useful value for common enjoyment established in Chapters 2 and 2.5 shall take precedence over this chapter in cases of specific conflict. Sec. 2. Exemption to master planning. ARTICLE III. PREAPPLICATION CONFERENCE. The purpose of the pre-application procedure is to allow the developer and the directors of development and planning the opportunity to consult informally priorto the preparation of the master plan and formal application. The following work shall not be required to undergo master plan review: A. The construction of a single-family home or a duplex. B. ' Installation of fire sprinklers. C. Replacement of existing electrical components. D. ~ Installation of fire alarms. E. Voluntary life safety responsive projects when endorsed by the fire marshal, development director and planning director. Sec. :3. Waiver of master planning. 'Master plan review may be waived by the planning and zoning director or designee based, upon submission of written application; payment of fee; and all of the following: A. If the remodeling, alteration, modification, development or redevelopment does not change the preexisting configuration of buildings or site or reduce emergency vehicle access; and B. If there is no change of use which increases the required number of off-street parking spaces; and C. If there is compliance with the land development regulations of the City of Boymon Beach. In the event a property owner or his agent disputes the planning and zoning director's determination regarding compliance, the work shall be subject to review. (Ord. No. 96-53, § 2, 1-21-97) Sec. 1. Written preappiicafion. A written pre-application shall be submitted w the director of planning. The written application shall contain the following: A. Ten (10) copies of a written statement generally describing the condition of the site and the proposed development of the entire subdivision. This statement shall include but is not limited to data on existing covenants, location of utility facilities, soil characteristics and information describing the subdivision proposal including number of units, typical lot size; public areas, anticipated utility source and other information considered pertinent. B. Ten (10) copies, of a sketch plan including the following on a twenty-four by thirty-six (24 x 36) inch sheet: A vicinity sketch showing the location of the land to be subdivided; approximate acreage; natural features such as low or swampy areas, streams, lakes or canals; identification of adjacent lands; a brief description of the land to be subdivided; name, telephone number and address of the developer; date; north arrow; streets; general lot and block layout; layout of all adjoining streets; zoning classification of the tract and adjacent properties; location of existing improvements and any other significant features. C. A fee as adopted by resolution of the City Commission is required with the pre-application, to help defray the cost of processing the pre-application. D. Ten (10) copies each of an existing tree survey and a tree management plan. 1997 S-5 Master Plan Review C. North arrow, graphic sc. al~, scale and date. Upon ~receipt of the statement, plan and fee, the director of planning shall disperse copies to the city manager, TRC members, the city clerk and, if required, the city's consulting engineers. The director of planning will then advise the developer of the time and place of the planning and development board meeting. After consultation with the director of development and planning and development board, the developer may proceed with an application for approval of the master plan as required by this ordinance. ARTICLE IV. MASTER PLAN PREPARATION AND SUBMISSION Sec. 1, Preparation. D. Name, address and telephone number of the developer, the developer's agent, the engineer and the surveyor. E. The location, names and elevations of adjacent subdivisions, if any. F. The tract boundary. O. Topographical conditions on the tract including existing watercourses, drainage ditches and bodies of water, marshes and other significant features. H. Existing streets, alleys and easements on or adjacent to the tract including name, fight-of-way width and street or pavement width. Existing ~treets shall be dimensioned to the tract boundary. The developer's Florida registered engineer, landscape architect, architect or surveyor shall prepare a master plan of the subdivision. The master plan shall be coordinated with the major utility suppliers providing services. Sec. 2. Submission. I. Existing property lines, easements and rights of way, their purpose, and their effect on the proposed subdivision. J. The incorporation and compatible development of present and future streets as shown on the official city map when such present or future streets are affected by the proposed subdivision. Ten (10) copies of the master plan of the proposed subdivision must be submitted to the director of planning for placement on the technical review committee agenda. Sec. 3. Master plan content. When submitted, the master plan shall contain the following: A. Name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in incorporated or unincorporated areas of Palm Beach County. B. A vicinity sketch showing the location of the tract in reference to other areas of the city or county. K. Access points to collector and arterial streets showing their compliance to the access requirements established by this ordinance. L. All existing drainage district facilities and their ultimate right-of-way requirements as they affect the proposed subdivision. M. Generalized statement of subsurface conditions on the property, plus location and results of tests made to ascertain subsurface soil conditions and groundwater depth. N. Zoning classification of the tract. O. Utilities such as telephone, electricity, water, sewer, gas, cable, etc., on or adjacent to the tract including existing or proposed water treatment plants and sewerage treatment plants. 4 Boyaton Beach Code P. A statement _that all utilities are available and will b~ provided b-y appropriate agencies. Q. Sites proposed for parks, recreational areas, and schools. R. The locations of all temporary structures or permanent structures having a temporary use. Master plans shall contain a statement outlining the temporary use and when they will be removed. S. A subdivision that generates three thousand (3,000) vehicle single-directional trips per day or two hundred fifty (250) vehicle single-directional trips in any one hour period must submit a traffic impact analysis not more than six (6) months old, prepared by a professional engineer competent in traffic engineering for use in determining the number of lanes and capacity of the street system proposed or affected by the development, and the phasing of improvements. T. A master storm water managemem plan outlining the primary and secondary drainage and storm water treatment facilities needed for the proper development of the subdivision shall be submitted along with the master plan. The master storm water management plan shall consist of an engineering drawing; a written report indicating the method of drainage; existing water elevations', recurring high water elevations; the proposed design water elevations; one hundred-year storm elevation; drainage structures; canals; ditches; storm water treatment methods; necessary percolation; detention and management areas; and any other information pertaining to the control and management of storm and ground water. In cases where modification or improvements are neither planned nor required for primary and secondary drainage facilities, this requirement may be met on the master plan. U. Upon filing the master plan with the director of planning, the developer shall pay a fee as adopted by resolution of the City Commission to help defray the cost of administering and processing the master plan and this fee is not refundable. If more than one resubmittal of the corrected or revised master plan is required by the TRC, an additional fee shall be charged for each resubmittal. V. Tree survey as described in Chapter 7.5, Article I, Section 7, Site Plan Information, paragraph D as well as a written tree management plan describing how the applicant intends to comply with Chapter 7.5 Environmental Regulation. (Ord. No. 96..53, § 3, 1-21-97) Sec. 4. Technical review. When Master Plan review is required by the provisions of,this Chapter, the Review will be conducted as outlined in Chapter l, Article VIII, Development Reviews. (Ord. No. 96-53, §.4, 1-21-97) 1997 S-5 Chapter 4 SITE PLAN REVIEW Sec. 1. Sec. 2. Sec. Sec. 4, Sec. 5. Sec. 6. Sec. ?. Sec. 8. Sec. 9. Sec. 10. · Sec. 11. Sec. 12. Purpose Applicability Preapplication conference Technical review Expiration of site plan Notification Submission requirements Review standards Modification of approved site plan Review of site plans in the CBD central business district, zoning district or the community redevelopment agency area Maintenance Appeals Sec. 1. Pm'pose. The purpose of this chapter is to provide a procedure to review new developments, redevelopments and modifications to existing developments that require compliance with the development regulations of the City of Boynton Beach and promote development that is desirable, innovative, imaginative and compatible with existing '.development in the city. Sec. 2. Applicability. A. The following work shall be required to undergo site plan review as required by this chapter: 1. All new developments. 2. All modifications to existing development that expand floor area, require increased parking, intensify the use of a structure, or change the occupancy of a building. 3. Exterior remodeling, alterations, modifications. B. The following work shall not be required to undergo site plan review as required by this chapter: 1997 S-5 1. The construction of a single-family home or a duplex. 2. Interior renovations except projects as specified in Section 2.A. 3. Installation of fu'e sprinklers. 4. Replacement of existing electrical components. 5. Installation of fire alarms. 6. Voluntary life safety responsive projects when endorsed by the fire marshal, development director and planning director. C. Site plan review may be waived by the planning and zoning direcwr or his designee based upon all of the following: 1. If the remodeling, alteration, modification, development or redevelopment does not change the preexisting configuration of buildings or site or reduce emergency vehicle access; and 2. If there is no change of use which increases the required number of off-street parking spaces; and 3. There is compliance with the developmen~ regulations of the City of Boynton Beach. In the event a property owner or his agent disputes the planning and zoning director's determination regarding compliance, the work shall be subject to site plan review. 4. Waivers shall be requested by completion of an application prepared by the planning and zoning department and payment of a fee established and adjusted by the City Commission from time to time. 5. The planning director shall file a quarterly report on waivers with the City Commission. Boynton Beach Code Sec. $. Preapplication conference. A preapplication conference with the planning and zoning department is encouraged prior to the preparation and submission of any site plan required pursuant to this chapter. The purpose of this conference shall be for the staff and applicant to discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan .review procedures. Opinions expressed at the preapplication conference are not binding for formal review purposes. Sec. 4. Technical review. · When site plan review is required by the provisions of this chapter, the review will be conducted as outlined in Chapter l, Article VIII, Development Reviews. (Ord. No. 96-54, § 1, 1-21-97) Sec. $. Expiration of site plan. Upon approval of a site plan by the City Commission, the applicant shall have (I) year to secure a building permit from the development department. If an applicant fails to secure a building perrfiit in that time, all previous approvals shall become null and void, and the applicant will be required to submit a new site plan and application; provided, however, a clearing permit shall not constitute a building permit plan for site plan review purposes. At its discretion, the City Commission may extend the approval of a site plan for a one-year period, provided a request for extension is filed prior to the expiration of the one-year period. In granting such extensions the City Commission may impose additional conditions to conform the site plan to current development standards. Sec. 6. Notification. When a site plan has been scheduled for review by the planning and development board, the planning and zoning department shall supply the applicant with a sign or signs to be posted on the subject property on which the site plan will be effective with the following information: A. Description of proposed use. B. Availability of plans for review of interested citizens within the planning and zoning department. C. Dates and times of the planning and development board and City Commission meetings to review the proposed plan. Sec. 7. Submission requirements. Each applicant shall submit to the planning and zoning department the following plans and exhibits in the number of copies specified by the planning and zoning department, together with a site plan review application and a fee adopted by resolution by the City Commission. A. Existing site characteristics map: A sealed survey not older than six months showing all adjacent streets, alleys and driveways, and also illustrating: 1. Existing natural features, including but not limited to lakes, trees and other vegetation and soils and topography. 2. Existing buildings, building elevations, other structures, including use, height, dimensions and setbacks. 3. Existing utility lines and all easements. 4. Existing elevations (corder, street and finished floor) B. Site development plan: 1. A scaled drawing clearly illustrating proposed buildings and other structures, and any existing buildings and structures which are to be retained, including use, height, dimensions and setbacks. 2. Proposed off-street parking spaces, driveways and sidewalks, including location, 1997 S-5 Site Plan Review dimensions and setbacks, traffic control marking and signage. 3. Proposed fences and walls, including location, dimensions, setbacks, height and material. 4. Square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use area.s, other paved areas, and building coverage and total coverage. 4. Proposed location of lighting on site. 5. Proposed dumpster location. 5. Number and ratio of required and provided off-street parking spaces and number of loading spaces. C. Landscape plan: 6: Water bodies in acres and square feet. 1. A separate scaled drawing (at the same scale as the site development plan.) prepared as required by state law clearly illustrating proposed trees, shrubs, grass and other vegetation, including location, height, size and type of plant by common and botanical' name. 2. Proposed berms, watercourses and other topographic features. 3. A notation on method of irrigation. D. Architectural plan: 1. A scaled drawing clearly illustrating proposed building floor plan and elevations, including height, exterior dimensions, exterior color and materials. 2. A colored elevation drawing showing all elevations of the building, (This submittal can be waived by the planning and zoning director when not applicable.) E. Tabular summary comaming: 1. Total gross project area by acreage and square footage and net buildable land area in acres and square feet. 2. Total number of proposed residemial units, including characteristics by number of bedrooms and bathrooms and gross square footage of each typical unit. ?. Height of buildings. F. Drainage plan: 1. A separate scaled drawing (at the same scale as the site developmem plan) showing elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc. 2. An engineer's certification in writing that drainage will conform with all rules, regulations, codes, etc. including, but not limited to, Chapter 6, Article IV, Section 5 of these Land Development Regulations. G. Rider to site plan application. All applications for site plan approval shall be accompanied by a rider to site plan application in the following form: RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. 3. Proposed nonresidential floor area by type of use and total gross square footage. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other 1997 S-5 Boynton Beach Code data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and-all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due i'o their enforcement of .the same. READ, ACKNOWLEDGED AND AGREED TO this day of ., 19m. Witness Applicant Witness (Ord. No. 96-54, § 2, 1-21-97) Sec.:8. Review standards, The following standards shall be utilized by the planning and zoning department and all other applicable departments for review and evaluation of all required plans and exhibits. A. Natural environment: All proposed developments shall be designed to preserve, perpetuate and improve the existing natural character of the site. Existing native trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state; and additional landscape features shall be provided to enhance architectural features, to relate structural design to the site, and to conceal unattractive uses. In all instances the city's landscaping and all other applicable regulations shall be fully complied with as minimum standards. B. Open space: Adequate landscaped open space shall be provided which meets the particular needs and demands of the proposed development. The type and distribution of all open space shall be determined'by the character, intensity and anticipated residential or user composition of the proposed development. C. Circulation and parking: Ail circulation systems and parking facilities within a proposed development shall be designed and located in such a manner as to comply with the following: 1. A clearly defined vehicular circulation system shall be provided which allows free movement within the proposed development while discouraging excessive speeds. Vehicular circulation systems shall be separated as much as practicable from pedestrian circulation systems. 2. Access points to peripheral streets shall be provided Which adequately serve the proposed development and which are compatible and functional with circulation systems outside the development. 3. Whenever possible in proposed residem.~i developments, living units should be located on residential streets or courts which are designed to discourage non-local through traffic. 4. Off-street parking areas shall be provided which adequately accommodate ma.ximum vehicle storage demands for the proposed development and are located and designed in such a manner so as to serve the uses in the proposed development and not create incompatible visual relationships. 5. Safe and efficient access to all areas of the proposed development shall be provided for emergency and service vehicles. 6. Sidewalks shall be provided as required by the city regulations. 7. Conformance with the city and county thoroughfare plans is required. 1997 S-5 Site Plan Review 8. Compliance with the Palm Beach Traffic Performance Ordinance is required. solid waste, drainage, potable water, and parks and recreation. D. Community services: All proposed developments shall be designed and located in such a manner as to ensure the adequate provision of the following community services: Compliance with levels of service as stated in the Boynton Beach. Comprehensive Plan is required. 1. Fire protection; Sec. 9. Modification of approved si'te plan. 2. Police protection. E. Buildings and other structures: All buildings and structures proposed to be located within a development shall be oriented and designed in such a manner as to enhance, rather than detract from, the overall quality of the site and its immediate environment. The following guidelines shall be followed in the review and evaluation of ail buildings and structures: 1.' Proposed buildirrgs and structures shall be related harmoniously to the terrain, other buildings and the surrounding neighborhood, and shall not create through their location, style, color or texture incompatible physical or visual relationships. 2. All buildings and structures sh~ll be · designed and oriented in a manner ensuring 'maximum privacy of residential uses and related activities both on the site being developed and adjacent property. 3. All permanent outdoor identification features which are intended to call attention to a proposed development and/or structures shall be designed and located in such a manner as to be an integral part of the development. 4. All buildings and structures shall comply with the community design plan. F. Concurrency and level of service standards: For the purpose of the issuance of development orders and permits, the City of Boynton Beach has adopted level of service standards for public facilities and services which include roads, sanitary sewer, A. Minor: A non-impacting modification which will have no adverse effect on the approved site and development plan and no impact upon adjacent and 'nearby properties, and no adverse aesthetic impact when viewed from a public right-of- way as determined by the planning and zoning director. B. Major: A modification which presents a significant change in intensity of use which, in turn, may have a significant impact upon facilities, concurrency; upon nearby and adjacent properties, or upon findings made at the time of approval of the site and development plan as determined by the planning and zoning director. C. In making a minor/major modification determination, the planning director shall consider the following: 1. Does the modification increase the buildable square footage of the development by more than. five (5) percent. 2. Does the modification reduce the provided number of parking space below the required number of parking spaces. 3. Does the modification cause the development to be below the development standards for the zoning district in which it is located or other applicable standards in the Land Development Regulations. 4. Does the modification have an adverse effect on adjacent or nearby property or reduce required physical buffers, such as fences, trees, or hedges. 1997 S-5 6 Boynton Beach Code 5. Does the modificatiOn adversely affect the elevation design of the structure or reduce the overall design of the structure below the standards stated in the community design plan. 6. Does the modified development meet the concurrency requirements of the Boynton Beach Comprehensive Plan. 7. Does the modification alter the site layout so that the modified site plan does not resemble the approved site plan. D. When any determination of major/minor modification made by the planning and zoning director is challenged or contested by the applicant, an appeal may be taken as outlined in Chapter l, ArtiCle VII, Section 1. E. Procedure: A site plan modification shall be processed as follows, pursuant to its categorization: 1. Minor: Administrative review and aaion by the appropriate city departments. 2. Major: Processing is the same as for the original site plan. F. Required information: The following infon'nation must be presented with a request for a site plan modification: 1. Minor: A letter which sets forth the requested changes along with an exhibit showing that portion of the site plan which is to be changed in its present condition and an exhibit depicting the requested change. 2. Major: A major modification shall contain the same information as required for a new site plan submittal. G. Upon approval of a major site plan modification by the City Commission, the applicant shall have one (1) year to secure a building permit from the development department. If an applicant fails to secure a building permit in that time, all previous approvals shall become null and void and the applicant will be required to resubmit the plan for site plan review. At its discretion, the City Commission may extend the approval of a major site plan modification for a one-year period. Minor modifications shall not extend the time limits of an approved site plan. H. The planning director shall file a quarterly report on minor site plan modifications with the City Commission. (Ord. No. 96-54, § 3, 1-21-97) Sec. 10. Review of site p]~n~ in the CBD central business district, zoning district or the communitY redevelopment agency area. For areas zoned CBD central business district or within the community redevelopment agency area of jurisdiction, all the sections of this chapter shall apply except that the functions of the planning and development board shall be performed by the community redevelopment advisory board (CRAB) and the functions of the City Commission shall 'be performed by the community redevelopment agency (CRA). Sec. 11. Maintenance. Upon the issuance of a certificate of occupancy an improved site must be maintained in compliance with the approved site plan. Sec. 12. AppeaLs. When an aggrieved party wishes to appeal an administrative, board or commission decision, it must be filed as outlined in Chapter 1, Article VII, Appeals. (Ord. No. 96..54, § 4, 1-21-97) 1997 S-5 Chapter 5 PLATTING Art. I. Art. II. Art. III. Art. IV. Art. V. An. VI. Art. VII. An. VIII. In General Waivers and Substitutions Administration Prerequisites to Platting Plat Preparation and Approval Previously Planed Subdivisions Land DeVelopment Permit Sale or Transfer of Property ARTICLE I. · IN GENERAL The purpose of this ~hapter is to provide a .procedure for preparing plat documents consistem with development regulations of the City of Boynton Beach and to create documentation of physical characteristics of land proposed for development within the city. No person, film, pannershi~, corporation or any other association shall subdivide a tract of land anywhere in the incorporated area of the City of Boynton Beach except in conformity with this chapter. No subdivision shall be platted or recorded nor shall any building permit be issued unless such subdivision or development meets all the provisions of this chapter and those of any applicable Laws of the State of Florida, and has been approved in accordance with the requirements as herein set forth, unless a waiver or substitution has been granted according to Ankle II of this chapter. (Ord. No. 96-55, § I, 1-21-97) Editor's note--Ord. No. 96.55, Section 2, adopted January 21, 1997, repealed Article II. Exemption to Platting, Sections 1, 2, 3 and 4, and is hereby reserving said sections. ARTICLE II. WAIVERS AND SUBSTITUTIONS Sec. 1. Waivers. A. Eligibility. A waiver of the platting requirement may be considered when the land is to be divided into no more than two (2) contiguous lots and no more than three (3) regularly shaped areas are to be dedicated to the City of Boynton Beach (easements, tracts, parks, fights-of-way, etc.) and because: 1. Unusual conditions are created by ownership or development of adjacem lands, or 2. The land concerned is isolated or remote in its relationship to other platted or improv, ed lands, or 3. The improvements and dedications existing on the land are substantially in accordance with the requirements of this chapter and if the waiving of the requirements for platting would not conflict with the purpose and intent of this chapter. B. Waiver application. Pursuant to Section 1 above, the developer shall submit an application for waiver of plat to the director oF development who shall review the application and determine if one of the foregoing conditions exists and, upon affirmative determination, shall delete the requirement for platting. C. Appeal of waiver denial decisions. When the director of development determines that an applicant is not eligible for a waiver to platting, the decision may be appealed to the board of zoning appeals as outlined in Chapter 1, Article VII. D. Requirements in lieu of platting. If platting is deleted, a certified survey shall be submitted to the director of development who may require deeded rights-of-way and easements, reservations or improvements required in connection with platting under this ordinance, including the posting of surety to carry out the intent and purpose of this ordinance. (Ord. No. 96-55, § 3, 1-21-97) Sec. 2. Substitutions, A. Eligibility. A boundary plat may be submitted when the subdivision or resubdivision of land is of such simplicity or is surrounded by such 1997 S-5 I 2 Boynton Beach Code development as to justify'the waiving of the requirements for preparing a full replat. For the sole purpose of determining application fees, a boundary plat submittal shall be considered a pre-application submittal. B. Master plan waiver. The submission of a master plan for a boundary plat may be waived at the sole option of the director of development. C. Specific boundary plat requirements. All provisions of NS 177 and this Land Development Regulation shall fully apply to every boundary plat including, but not limited to, those tangible improvements required in Chapter 6 not already in place. (Ord. No. 96-55, § 3, 1-21-97) ARTICLE IH. ADMINISTRATION For the purpose of coordinating, enforcing and administering this chapter, the director of development shall be deemed administrative officer. Information, advice or recommendations shall be rendered only by the director of development or his authorized representative. prior to the preparation of the plat and formal application. A. A written pre-application shall be submitted to the director of development. The written application shall contain the following: 1. Six (6) copies of the written statement previously submitted with the master plan. 2. Six (6) copies of the preliminary plat. 3. A fee as adopted by the City Commission to help defray the cost of processing the preliminary plat. B. Upon receipt of the statement and fee, the director of development shall disperse copies to TRC members. The director of development will then advise the developer of the time and place of the TRC meeting. The developer may then proceed with an application for approval of the final plat as required by this chapter. ARTICLE V. PLAT PREPARATION AND APPROVAL ARTICLE IV. PREREQUISITES TO PLATTING Sec. 1.' Approved master plan. Prior to consideration of any proposed platting or replatting under this chapter, master plan approval as outlined in Chapter 3 of Pan IH, Land Development Regulations of the City of Boynton Beach, Florida must be obtained. For individual minor properties the master plan may be waived at the sole option of the director of development. Sec. 2. Pre.application (preliminary plat). The purpose of the optional pre-application procedure is to allow the developer and the director of development the opportunity to consult informally Sec. 1. Preparation of f'mal plat. As a final step in the review procedures to obtain approval for a subdivision in the City of Boynton Beach, the developer shall submit a final plat to the director of development and shall post surety as outlined in Section 2, paragraph A2 made payable to the City of Boynton Beach together with restoration surety as outlined in Section 2, paragraph A3 prior to placing final plat approval on a City Commission agenda. No improvements, including streets, drainage and the like shall be accepted and maintained by the city unless and until the final plat has been approved by the director of development and the City Commission; duly recorded; and all required improvements are completed, both public and private. A. Upon filing application for final plat approval, the developer shall pay a fee as adopted by resolution of the City Commission to help defray the cost of processing the final plat. In addition to the 1997 S-5 l'lauins processing fee, the developer shall pay a fee equal to a percentage of the estimated cost of construction of improvements to defray the cost of administration of the subdivision. Said fee shall be as adopted by resolution of the City Commission, and shah be paid in full prior to placing final plat approval on a City Commission agenda. B, Within six (6) months from'the date of the written technical compliance of the construction plans, the final plat shall be prepared and submitted to the office of the director of development. Failure. to submit the f'mal plat within six (6) months shall require reapplication under Section 6, paragraph D of this article. C. The final plat shall conform to the approved master plan or site plan. D. The final plat shall be drawn or printed on twenty-four by thirty-six (24 x 36) inch linen, chronoflex, mylar or other approved time stable material. The final plat shall be prepared by a surveyor currently registered in the State of Florida and is to be clearly and legibly drawn with black permanent drawing ink or veritype process to a scale of not smaller than one (1) inch equals one hundred (100) feet, or as otherwise determined by the director of development. The final plat shall be prepared in . accordance with the provisions of Chapter 177, 'Florida Statutes, as amended, and shall conform to the following additional requirements: 1. INDEX. When more than a single sheet must be used to accurately portray the lands subdivided, the first sheet shall contain an index plus a map showing the entire subdivision delineating the number of the sheet where each portion is shown. Each sheet must show the particular number of that sheet, the total number of sheets included and clearly labeled match_lines to show where other sheets match or adjoin. 2. NAME OF SUBDIVISION. The plat shall have a title or name acceptable w the city. When the plat is a new subdivision, the name of the subdivision shall not duplicate nor be phonetically similar to the name of any existing subdivision. When the plat is an addition to a recorded subdivision, it shall carry the same name as the existing subdivision. 3. PRIVATE STREETS AND RELATED FACILITIES. All streets and their related facilities designed to serve more than one property owner shall be dedicated to public use; however, private streets shall be permitted within property .under single ownership such as a property owners' association, .and shall be constructed in accordance with design requirements of public streets. Where private streets are permitted, ownership and maintenance association documents shall be submitted with the final plat and the dedication' contained on the plat shall clearly dedicate the roads and maintenance responsibility to the association without recourse to the city or any other public agency. The fights-of-way and related facilities shall be identified as tracts for road purposes under specific ownership. 4. TITLE. The plat shall have a title printed in bold legible letters containing the name of the subdivision; the name of the city, county and sta. te; the section, township and range as applicable and if the plat is a replat, amendment or addition to an existing subdivision, it shall include the words "section, unit, replat, amendment, etc." :5. DESCRIPTION. Each plat shall show a full and detailed boundary description of the land embraced in the plat. The plat must be so complete that the starting point can be determined and the boundaries run without reference to the map. 6. DEDICATIONS, CERTIFICATIONS AND APPROVALS. The plat shall contain on the face or first page the following certifications and approvals, acknowledged as required by law, all being in the form set forth herein. a. Dedications. The purpose of all reserved areas shown on the plat shall be defined in the dedication on the plat. All areas reserved for use by the residents of the subdivision shall be so dedicated. All areas reserved for public use, such as parks, rights, of-way for roads, streets or alleys, shall be so dedicated; easements for utilities, rights-of-way and easements for drainage purposes and any other 1997 5-5 4 Boynton Beach Code area, however designated, shall be dedicated by the owner of the land at the time the plat is recorded. b. Mongagee's consent and approval. All mortgages along with the mortgagee's consent and approval of the dedication are required on all plats where mortgages encumber the land to be platted. The signature(s) of the mortgagee(s) must be witnessed and. the execution must be acknowledged in the same manner as mortgages are required to be witnessed and acknowledged. In case a mortgagee is a corporation, the consent and approval sh~" signed on behalf of the corporation by the pre-, or vice-president and the secretary ot an secretary, respectively, by and w_ith the authority of the board of directors. c. Certification of surveyor. The plat shall contain the signature, registration number and official seal of the ~urveyor certifying that the plat complies with Chapter 177, Florida Statutes, as amended, and this .o_rdinance. When plats are recorded and improvements are to be accomplished under surety posted as provided for by this ordinance, the required improvements and .surety shall include P.C.P.'s. d. City approval. The plat shall contain the approval and signature block and date for the .mayor and the director of development and the acknowledgement and signature block of the city clerk. e. County approval. The plat, when required by the City Commission, shall also contain the date of approval of the board of county commissioners; the signature block of the chairman of the board; the signature block of the county engineer; and the acknowledgement and signature block of the clerk of the circuit court. f. Certification of title. A title certificate shall be contained on the face of the first page of the plat. The title certificate shall state: (1) That the lands as described and shown on the plat are-in the name, and that apparent record title is held by the person, persons or organizations, executing the dedication; (2) That all taxes have been paid on said lands as required by Section 197.051, Florida Statutes, as amended; and, (3) All mortgages on the land and indicate their official record book and page number. The title certification must, be an opinion of an attorney-at-law licensed in Florida, or the certification of an abstractor or a title insurance company licensed in Florida. 7. SURVEY DATA. The t'mal plat shall show the length of ali arcs together with central angles, radii, and points of curvature including, but not limited to, block comer radii. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, fight-of-way, easement and all other areas shown on the plat and' all areas shall be within the boundary of the plat as shown in the description. The survey data contained on the plat shall also include: a. The point of beginning shall be boldly shown together with the letters P.O.B. in bold letters. b. Reserve on each sheet of the plat a three by five (3 x 5) inch space in the upper right-hand comer to be used by the clerk of the circuit court for recording information. c. The map shall mathematically close within one hundredth (.01) feet and shall be accurately tied to all township, range and section lines occurring within the subdivision by distance and bearing. In addition, the initial point in the description shall be accurately tied to the nearest quarter section comer, section' comer or government comer. d. The cover sheet or first page of the plat shall show a vicinity sketch, showing the subdivision's location in reference to other areas of the city. 8. STREET NAMES. The plat shall contain the name of each street shown on the plat. Proposed streets which are in alignment with other 1997 S-5 Platting existing and named :streets shall bear the same name of the existing street. In no case, except as indicated in the preceding sentence, shall the name of the proposed street, excluding a numerical system, duplicate or be phonetically similar to existing street names, regardless of the use of the modifier "street," "avenue," 'boulevard," "drive," 'place," 'court," etc. -9. EXCLUDED PARCELS. Where an excluded parcel is completely surrounded by areas included within the plat, sufficient easements or right- of-way to provide necessary access, utilities, and drainage to the excluded parcel shall be provided. No strip or parcel of land shall be reserved by the owner unless the same is suf0cient in size and area to be of some particular use or service. The intended · use of all reserved areas shall be shown on the plat in note form on the cover sheet. 10. EASEMENTS. The plat shall contain a statement that no buildings or structures shall be placed within easements. 11. RESERVATIONS AND RESTRICTIVE COVENANTS. Restrictions pertaining to the type and use of water supply; type and use of sanitary facilities; use and benefits of water areas, canals and other open spaces; odd- shaped and substandard parcels; restrictions 'controlling building lines; establishment and maintenance of buffer strips, and walls; and restrictions of similar nature shall require the establishment of restrictive covenants and such covenants shall be noted on the plat. Documents pertaining to restrictive covenants shall be submitted with the final plat. 12. WATERWAYS. Land which includes any existing or proposed private waterways shall be included on the original plat together with formal acceptance of maintenance by the subdivider, his grantees and assigns, for said waterways including vegetated littoral zones, and, further the duty, at their expense, of keeping same free of weeds, hyacinths, cloggage or other debris or noxious material. 13. PLANNED UNIT DEVELOPMENTS. All plats for planned unit developments shall contain 'PUD" within the title. 14. MOBILE HOME PARK SUBDIVISIONS. Mobile horn~ subdivisions shall be in the proper zone for such development and prior to the submittal of the f-mai plat and supporting data shall have the approval of the final zoning authority and shall meet all of the requirements of the zoning code. The dedication on the plat of a mobile home subdivision shall include the following additional provisions or wording equal hereto: 'Said owner(s) hereby dedicate(s) the lots shown on the plat exclusively for mobile home or trailer parking and use incidental thereto, except as to the lots indicated for other purposes on the plat. Mobile home or trailer parking is prohibited everywhere except on the indicated lots.. Areas indicated as parks or playgrounds are dedicated for the use of the owners of the lots shown on this plat." Mobile home subdivision plats shall conform to all the requirements of this ordinance and the requirements of Chapter 177, Florida Statutes, as amended. (Ord. No.. 96-$~, § 4, 1-21-97) Sec. 2. Subrni*sion of f'mal plat. A. Upon completion of the foregoing requirements, six sets of the final plat shall be submitted to the office of the director of development and be accompanied by the following: 1. Eight (8) sets of the construction plans approved for technical compliance and approved health deparunent permits for sewer and water; and 2. Surety guaranteeing that all work required that will not be constructed, owned and maintained in perpetuity by the developer and his successor and/or assigns will be completed in full accordance with the plat; with all conditions attached thereto; and with Boynton Beach Land Development Regulations, provided that no surety is required for sewage collection and transmission systems, water distribution systems and transmissions systems which will be conveyed to the City upon completion of their construction. No certificates of occupancy shall be issued within the development until the sewage and water systems are completed, have been certified as completed, have been inspected, conveyed to the City, and the conveyance accepted by Resolution of 1997 S-5 6 Boynton Beach Code the City Commission. Surety shall be in an amount equal to one hundred ten per cent (110%) of-the total cost of surveying and construction for the installation and completion of all required improvements which will not be privately owned and maintained including, but not limited to, sidewalks, sewage collection and transmission systems, water distribution and transmission systems, streets, et al. Periodically, during the process of construction and upon request by the developer, the director of development may recommend that the City Commission reduce the dollar amount of the surety on the basis of work completed; provided, however, sufficient funds shall remain to complete the required improvements. In the event of default by the developer or failure of the developer to complete such improvements which will not-be privatelY owned and maintained within the time required by this chapter, the city, after thirty (30) days written notice to the developer, shall cash the surety to insure satisfactory completion of the required improvements. The City Commission by resolution may accept other surety it deems appropriate. Surety shall be in substantially the form delineated in Chapter 7; and 3. Restoration surety in compliance with Chapter 7 in the amount of one hundred ten per cent (110%) of the engineer's certified cost for restoring the site to its original condition including, but not limited to, repair of access/haul routes; seed; sod; landscaping; drainage and utilities; and 4. A check payable to the City of Boynton Beach representing the fee described in Ankle V, Section 1 .A hereinbefore; and 5. A copy of the property owners association documents. These documents shall indicate the maintenance responsibility for street lighting and shall provide for the formation of a special taxing district to assume maintenance responsibility for the street lighting system in the event of the dissolution of the property owners association; and 6. Supplementary material as required by the office of the director of development, i.e. deeds, easements, etc., when access, drainage, or utility services cannot be accomplished through platted rights-of-way deeds or easements to accomplish access, drainage or utility service; and 7. A check payable to Palm Beach County in the amount of the plat recording fees. B. The director of development shall examine the final plat as to its compliance with the constitution and statutes of the State of Florida and the ordinances of the City of Boynton Beach and shall in writing, within thirty'(30) days, report his finding, recommendations or approval to the developer in writing. Reference shall be made to the specific article, section and-paragraph with which the f'mal plat does not comply. If deficiencies exist, they shall be corrected by the developer. If the final plat meets the provisions of this ordinance, and complies with the statutes of the State of Florida and the ordinances of the City of Boynton Beach, the director of development shall submit the final plat to the city manager for placement on the City Commission agenda for review and approval. The City Commission may after its approval also require county approval prior to recording. (Ord. No. 96-55, § 4, 1-21-97) Sec. 3. Final plat recordin~ requirements. The final plat, signed'by the mayor, the director of development and acknowledged by the city clerk, shall be presented to the Palm Beach County Clerk (or county engineer if county approval is required) to complete the formal recording process. ARTICLE VI. PREVIOUSLY PLATTED SUBDIVISIONS Sec. 1. Active subdivision development. A plat and/or improvement plans for a subdivision that has been approved under the subdivision regulations adopted by the City Commission on March 25, 1959, and amendments thereto, may be completed as approved under those regulations with respect to the approved plans and/or plat. Additions thereto which have not been approved 1997 S-5 Platting 7 shall be subject to the requirements of these land development regulations. Sec. 2. Reversion of subdivided land to acreage. The official records of Palm Beach County comain plats recorded prior to the adoption of these land development regulations governing development in the City of Boynton Beach. Such plats show areas within the City of Boynton Beach which have been platted as subdivisions, but which have either been partially improved or developed or remain unimproved or undeveloped. These areas, if fully or partially developed as platted, would not conform to the current needs of urbanization in the City of Boynton Beach as established herein. A. The Boynton Beach, Florida, City Commission shall have the power, on its own motion, to order the vacation and reversion to acreage of all or any part of such subdivision within the incorporated areas of the City of Boynton Beach, including the vacation of streets or other parcels of land dedicated for public purposes or any portion of such streets or other parcels. B, Such order of vacation and reversion of subdivision plats may only. be made by the City ,Commission under the following conditions: of subdivided land must be shown to conform to the comprehensive plan of the area and that the public health, safety, economy, comfort, order, and welfare will be promoted thereby. No owner of any parcel of land in a subdivision so vacated shall be deprived of reasonable access to or from such parcel to which such parcel has theretofore had access. Access after such vacation and reversion need not be the same as theretofore existing, but shall be' reasonably equivalent thereto. D. The owner or owners of a subdivision subject to vacation and reversion to acreage may at their option vacate or abandon the subdivision ar portion thereof, or may improve undeveloped rights- of-way or rights-of-way which have been partially improved at their cost and expense, provided such improvements comply with the provisions of this ordinance and are acceptable to the City Commission for maintenance. Improvement of existing partially developed subdivisions not subject to vacation and reversion to acreage. The improvement of existing partially developed subdivisions not subject to vacation and reversion to acreage shall comply with the requirements of this ordinance and the following: 1. A plat of the subdivision was recorded as provided by law not less than five (5) years before the date of proposed reversion to acreage; and 2. In the subdivision or pan thereof proposed to be reverted to acreage, not more than thirty-five per cent (35 %) of the unimproved portion of the subdivision area has been sold as lots with sixty-five per cent (65 %) left under one ownership. A. ROAD AND STREET RIGHTS-OF- WAY. The existing fight-of-way for local streets shall be considered sufficient, provided it is at least fifty (50) feet wide and the improvements comply with the fifty-foot typical section for road construction contained in city standards. If the existing fight-of- way is less than fifty (50) feet wide, additional right- of-way shall be provided to make a total of not less than fifty (50) feet. C. Prior to ordering such a vacation and reversion to acreage the City Commission shall hold a public hearing relative to the proposed vacation and reversion to acreage, with prior notice thereof being given by publishing in a newspaper of local circulation the date of and the subject matter of the hearing at least once within the two-week period preceding the date of such public hearing. At such public hearing, the vacation and reversion to acreage B. EASEMENTS. Easements for proper drainage shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum width of twelve (12) feet shall be provided for underground storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to accommodate drainage facilities plus twenty (20) feet on one side to permit equipment to enter for maintenance purposes. 1997 S-5 8 Boy'ton Beach Code C. PLATTING. Compliance with platting sections of this ordinance are not required where the improvements are contained in existing platted rights- of-way and no additional right-of-way dedication is needed. Drainage rights-of-way and easements where a plat is not required shall be accomplished by separate instrument dedicating the easement and/or rights-of-way for such purposes. Sec. 4. Waiver. In portions of a subdivision which are not under the control or ownership of the developer, the director of development may waive the additional right-of-way requirement set forth in paragraphs A through C of Section 3 hereinbefore, when it is shown to be impossible for the developer to acquire the required additional right-of-way. The City Commission may bring injunctive action to enjoin such transfer, sale or agreement. Failure to comply with the provisions of this section shall not impair the title of land so transferred or affective validity of the title conveyed. However, a purchaser of land sold in violation of this section shall, within one year from the date of purchase thereof, be entitled to bring an appropriate action to void such sale or to bring action against the seller for any damage which he suffers as a result of the seller's unlawful act, or both. ARTICLE VII. LAND DEVELOPMENT PERMIT A land development permit shall be required prior-to commencement of construction of required improvements. The land development permit shall be issued by the director of development in conjunction with approval of and agreement for construction of required improvements, and after formal approval of the final plat by the City Commission. ARTICLE VIII. SALE OR TRANSFER OF PROPERTY It shall be uraawful for anyone who is the owner of any land to transfer, sell, agree to sell, or negotiate to sell such land by reference to, exhibition of or other use of a plat of a subdivision to such land without having submitted a plan and plat of such subdivision for approval as required by this ordinance and without having recorded the approved subdivision plat as required. If such unlawful use be made of a plat before it is properly approved and recorded, the owner or agent of the owner of such land shall be guilty of a misdemeanor of the first degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. 1997 S-5 Chapter 6 REQUIRED IMPROVEM~ENTS Art. I. Art. II. Art. III. Art. IV. Art. V. Art. VI. Art. VII. In General Applicability Identification of Required Improvements Design Requirements for Required'- Improvements Construction of Required Improvements Acceptance and Maintenance of Required Improvements Subdivisions Containing/Adjoining Waterfrom Property ARTICLE I. IN GENERAL Sec. I. Purpose. The purpose-for construction of these required improvements is as stated in Chapter 1, Article IV of these Land Development Regulations of the City of .Boynton Beach. Sec. 2. Commencement. Construction of required improvemems shall not commence umil a land development permit has been issued. Sec. 3. Administration. For the purpose of coordinating, enforcing and administering this chapter the director of developmem shall be the administering officer. ARTICLE H. APPLICABILITY Tangible improvemems are required as described in this chapter in conjunction with the developmem of every subdivision within the incorporated area of the City of Boynton Beach whether the subdivision is platted or unplatted. ARTICLE HI. IDENTIFICATION OF REQUIRED IMPROVEMENTS Sec. 1. Alleys. Alleys are required along rear lot lines of commercial subdivisions and are permitted in industrial subdivisions. Sec. 2. Bridges and culverts. Bridges or culverts shall be provided as necessary to facilitate the proposed street system whenever a subdivision is traversed by or contains canals, watercourses, lakes, streams, waterways or channels. Bridges or culverts are subject to approval by agencies having jurisdiction. Sec. 3. Buffer areas (screening). Subdivisions shall be buffered to separate residemial developments from commercial and industrial developmems with a five-foot high masonry wall or landscaped chain link fence, or some other equivalem buffer which shall also be at least five (5) feet in height, except where such developments are separated by a golf course or other equivalent barrier. Residential developments shall also be buffered and protected from adjacent expressways, arterials and railroad rights-of-way with a five-foot limited access easement, which shall be shown and designated on the plat, except where access is provided by means of a marginal access road or where such expressway, arterial or railroad right-of-way abuts a golf course. As an alternative, a five-foot high decorative masonry wall or landscaped chain link fence or other equivalent buffer, which shall be at least five (5) feet high, may be provided in a limited access easement up to five (5) feet wide. 2 Boynton Beach Code Sec. 4. C earing. aracUn , trainS. Grade, excavate and/or fill to comply with this chapter, taking into consideration the existing and future grade of adjacent properties and fights-of-way. Prior to commencement of any construction activity on the site a reclamation plan in compliance with Chapter 8, Article III, Section A, paragraph la shall be approved by the director of development. Clear all rights-of-way and make all grades for streets, alleys, lots, water tracts and other areas compatible for drainage as prescribed in the drainage design. Type of fill within dedicated rights-of-way and other dedicated land shall be satisfactory to the director of development, based on soil tests provided and paid for by the developer who shall certify as to the type of. material and method of placement. In the interest of the preservation of existing trees and other natural beauty, the director of development may vary the requirements of this section where aesthetic and enviwrunental conditions will be enhanced but will not affect proper drainage of the area. Blowing sand, dust and other airborne part. iculate matter shall be controlled in compliance with Chapter ?.5, Article I, Section 19C. Remove all Melaleuca, Brazilian Pepper and Australian Pine. (Ord. No. 96-5/5, § l, 1-21-97) Sec. 6. Fire hydrants. Fire hydrants shall be provided in all residential, commercial and industrial subdivisions in the manner prescribed in this ordinance. When annual fire hydrant fees are to be levied according to ordinances, a special association for payment of said fees will be required. Sec. 7. Reserved. Sec. 8. Reserved. Sec. 9. Reserved. Sec. 10. Sanitary sewage. A complete sewage collection system shall be provided for all subdivisions in accordance with requisite government regulations. Sewage transmission facilities shall be provided by the developer to an approved operating city collection or transmission system. The city utility director shall approve ail connections to existing city collection and transmission systems. Sec. 5-1. Drainage. An adequate storm, surface and ground water drainage system, including necessary ditches, canals, swales, percolation areas, detention ponds, storm sewers, exfiltration trenches, drain inlets, manholes, headwalls, endwalls, culverts, bridges and other appurtenances shall be required in all subdivisions. Sec. 5-2. Storm water treatment. Storm water shall be treated in the subdivision by providing on-site percolation and/or detention or any appropriate treatment technique acceptable to the South Florida Water Management District. Sec. 11. Sidewalks. Sidewalks shall be constructed on both sides of all local and collector streets, and on one side of marginal access streets in all areas. They shall be constructed concurrent with building construction. A. Waiver. A required sidewalk may be waived by the technical-review committee in planed or unplatted subdivisions when it determines that adequate pedestrian circulation is provided by bicycle/pedestrian paths. The control, jurisdiction and maintenance obligation of bicycle/pedestrian patl~ not located within a public right, of-way shall be placed in a property owner's association or an improvement district. Bicycle/pedestrian paths shall be constructed concurrently with other required improvements. 1997 S-5 Chapter 7 SURETY An. I. In General ARTICLE I. IN GENERAL This policy delineates specific criteria and prerequisites for accepting surety by the city in conjunction with developer agreements, contracts, development related improvements and any other contractual obligations. - Sec. 2. Applicability. A. When Required. Wherever surety is required within the Boynton Beach Code of Ordinances and/or Land Development Regulations it shall be provided in the form and manner prescribed in Section 3 hereinafter. The type of surety shall be determined by the administrator of the code section involved, and shall be acceptable to the Boynton Beach city attorney and City Commission. B. Amount. The amount of surety shall be equal to or greater than 110% of the total obligation whether it be for restoration, abatement, maintenance, guarantee, fees in lieu of land dedication, required improvements or any other purpose. C. Periodic reduction of surety. Fwm time to time during progress of the work the developer may request that the director of development recommend that the City Commission reduce the dollar amount of the surety on the basis of work completed, but in every case the remaining funds shall be sufficient to complete the obligation. In the case of surety for required improvements associated with subdivision development, five (5) per cent of the engineer's certified cost of required improvements shall be retained for one (1) year after acceptance of such improvements by the City Commission as a guarantee against defects in workmanship and material. D. Default. In the event of default by the developer or failure of the developer to complete the obligations within prescribed time limits, the ci .ty, after thirty (30) days written notice to the developer/shall cash ,the surety to insure satisfactory completion of the obligations. 3. Typ of sumy. A. LETTERS OF CREDIT 1. The face of the letter of credit must indicate the following: a. The letter of credit is "clean". b. The letter of credit is irrevocable and shall remain enforceable until released by a resolution adopted by the City Commission, or until the letter of credit expires. If the letter of credit provides for an expiration date, said letter of credit shall be automatically renewed for successive periods of one (1) year each unless the issuer of the letter of credit provides the City written notice of its intent to cancel the letter of credit. Said notice must be provided at least ninety (90) days prior to the expiration of the date of the original term or any renewed one (1) year term. Notice to the City that the letter of. credit will expire prior to the performance of the obligations guaranteed by the letter of credit shall be deemed a default and shall entire City to collect on the letter of credit. c. The purpose or project for which the letter of credit is issued. d. The specific amount of the letter of credit, in U.S. Dollars. e. The method of disbursement of draws against the letter of credit. 1998 S-8 2 Boston Be~ch Code f. The street address where draws against the letter of credit shall be made. g. The letter of credit is enforceable in a coun of competent jurisdiction in Palm Beach County, Florida, and is to be interpreted by Florida Law. h. The name and street address of a designated agent within the State of Florida for acceptance of process. 2. At the time of issuance of the letter of credit, and at all times subsequent thereto and so long as the letter of credit is enforceable, the issuing financial institution must hav~-a rnin~um 'peer group" rating of fifty (50~ in the latest Sheshunoff Quarterly Listing or a minimum rating of one hundred twenty-five (125) in the latest IDC Bank Financial Qu~'terly Listing. The city finance department shail periodically verify this information. 3. At any time during the 'life of the letter of credit, should the rating of the issuing financial institution fall below both of the minimum ratings indicated in Section 2 above, or should the financial institution merge with another financial institution or have a conservator or receiver appointed to supervise or control the operation of its business or become insolvent, the contractor/developer must, within sixty (60)' calendar days after notification by the city: a. Replace the existing letter of credit with a replacement letter of credit from a fmanciai institution with either of the minimum ratings as specified in Item 2 above; or b. At the city's option, the letter of credit may be replaced by other surety acceptable to the city in accordance with the city's existing surety policies. 4. Failure to comply with this provision may result in any or all of the following actions by the city: suspension of the contractor/developer's right to pull building permits and schedule inspections; issuance of a stop work order; and/or revocation of the land development permit. These actions shall be in effect until a satisfactory replacement surety is accepted by the city. 5. No letter of credit shall be deemed accepted by the city until accepted by motion or resolution of the City Commission following review by the city attorney's office for legal sufficiency. 6. Original letters of credit shall be maintained by the city clerk and shall be clearly identified as to the project or contract for which it is issued. 7. Letters of credit accepted prior to approval of this article shall continue through the current expiration date of the letter of credit provided however, renewal of these existing letters of credit shall be in accordance with this policy.for accepting letters of credit. 8. The financial institution issu~g any letter of credit must be authorized to do business 'in the State of Florida and shall show proof of same upon request of city staff. B. CASH, CERTIFIED CHECK,. CASHIER'S CHECK (Am. Ord. 98-08, § 1, 2-2-98) 1998 S-8 Required Improvements 3 B. Alternatives. A dual system consisting of sidewalks within public right;of-way and bicycle/pedestrian paths outside of the public right-of- way may be required to provide adequate pedestrian circulation. Paths shall be constructed concurrently with other required improvements and shall be included in the surety described in Article XVIII. (Ord. No. 96-56, § 2, 1-21-97) Sec. 1~. Central water system. A complete water distribution system shall be provided for all subdivisions. Water transmission mains shall be provided by the developer to an approved operating city water system. The city utility director shall approve all new connections to the existing city water system. Sec. 12. Streets. All streets and related facilities required to serve the proposed subdivision shall be constructed by the developer. The co~truction shall consist of, but not be limited to, street grading, base preparation and surface course along with drainage, and shall be in accordance with City regulations. Before any plat or deed or instrument conveying or dedicating any street right-of-way to the city shall be accepted by the city, all roads shall be paved so as to meet the minimum requirements set forth in this chapter. (Ord. No. 96-56, § 3, 1-21-97) Sec. 13. Street markers. Street markers shall be provided at each intersection in the type, size and location required by current city standards. Street name signs shall carry the street name on the approved subdivision documents. Sec. 14. Street ligbtln.o, Street lighting is required on all public street rights-of-way. Applicant is responsible for supplying and in.stalling a system acceptable to Florida Power and Light Company and the director of development. Upon completion and demonstration, the city will extend its current agreement with F.P.L. and absorb the energy cost of street lighting on city streets. Street lighting is optional on private streets and the cost of supplying, installing and providing energy and life long maintenance is the sole responsibility of the applicant and its successors or assigns. Sec. 16. 'Traffic control devices. The developer shall install traffic control devices on roads within and interfacing with the subdivision. A traffic impact analysis meeting the approval of the director of development shall determine the traffic light requirements. ARTICLE IV. DESIGN REQUIREMENTS FOR REQUIRED IMPROVEMENTS The design of required subdivision improvements shall be in accordance with acceptable engineering principles. Design data, (calculations, analyses, etc.) shall be submitted along with the development plans covering important features affecting design and construction. Such data shall include, but not be limited to, high water, drainage facilities of all kinds, subsurface soil data, alternate pavement and subgrade types, and radii at intersections when minimum standards of the American Association of State Highway and Transportation Officials are inadequate. Required improvements shall be equal to or exceed current city standards and the following: A. Points of access. Points of access to lots shall be at least thirty (30) feet from intersecting right-of-way lines on local streets and one hundred eighty (180) feet from intersecting right-of-way lines on all other streets. However, access to townhousc clusters may be via parking lots and/or driveways designated on the plat as access or parking tracts providing the length of access does not exceed six hundred (600) feet. Subdivisions shall be designed to provide access to all lots by the use of local streets. 1997 S-5 4 Boy6ton Beech Code Points of access w-marginal' access roads from collector streets or streets of higher classification must be at least 660 feet apart, with the initial access point at least 330 feet from intersecting right-of-way lines of such streets unless otherwise approved by the director of development. B. DRIVEWAY SPACING. Minimum spacing between driveway centerlines on all streets except local streets is one hundred thirty feet or in compliance with Palm Beach County standards for county roads or FDOT standards for state roads, whichever is greater. C. STREET CONNECTIONS. 1. Local streets to collectors. Local street connections to collector streets shall be a minimum of six hundred sixty (660) feet apart. 2. CollectOr streets to arterials. Collector street connections to arterial streets shall be a minimum of one thousand three hundred twenty (1,320) feet apart. D. DOUBLE FRONTAGE LOTS. Double frontage lots adjacent to a collector or arterial street shall front on a local street. The rear of the lot shall abut the collector or arterial streetand be buffered as required bY these Land Development Regulations. (Ord. No. 96-56, § 4, 1-21-97) Sec. 2. Alleys. Alleys shall be paved eighteen (18) feet wide in a minimum twenty-foot right-of-way for commercial and industrial use and shall have appropriate radii for the use intended. Alleys shall have inverted ~rowns with three-eighths (3/8) inch per foot traversed slope. The alley grade shall not exceed five per cent (5%) or be less than thirty-hundredths per cent (.30%) unless otherwise approved by the director of development. Alley intersections and sharp changes in alignment shall be avoided and dead end alleys are prohibited~ Sec. 3, Blocks. The length, width and shape of blocks shall be determined with due regard to: A. Provision of adequat~ building sites suitable to the special needs of the type of use contemplated. B. Zoning requirements as to lot size and dimensions. C. Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic. D. Limitati6ns andopportunitiesoftopography.' I. Block lengths shall not exceed one thousand three hundred twenty (1,320) feet between intersecting streets except where special topographical conditions exist. Greater lengths may be approved by the director of development. 2. In blocks nine hundred (900) feet in length or over, crosswalks not less than eight (8) feet wide may be required between streets where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. Sec. 4. Bridges. Bridges shall be designed in general accord with current Department of Transportation practices and shall include planning for utility installation. They shall be reinforced concrete or, upon request and approval, other low maintenance materials. Bridges shall have a clear roadway width between curbs two (2) feet in excess of the pavement width in each direction and shall provide four-foot wide sidewalks on each side. All bridge structures shall be designed for H-20-S16-44 loading, incorporating adequate erosion protection. Sec. $. Drainage and storm water treatment. A. DRAINAGE. Provide comprehensive storm drainage facilities. Submit construction plans and 1997 S-5 Required Improvements 5 certified drainage design data which includes, but is not limited to, method of control of storm water and groundwater; drainage plan; existing water elevations; recurring high water elevations; proposed design water elevations; drainage structures; canals; ditches; and any other pertinent information pertaining to the system. Provide for drainage of lots, streets, roads and other public areas including surface waters ~which drain into or through the property. The drainage design must provide adequate surface water drainage of naturally occurring or existing adjacent contributory areas. I. Design Criteria. a. Design using acceptable engineering principles. b. Protect ail future buildings from a one in one hundred (I00) year storm. c. Provide South Florida Water Management District (SFWMD) approval. d. Provide for maintenance of groundwater levels to prevent over drainage for the intended land use. e. Design for rainstorms of maximum intensity predicted for the Palm Beach County area at three-year intervals according to current SFWMD charts and data. f. Design for long life, low maintenance cost and ease of maintenance. g. Design so that the hydraulic gradient is not higher than grate elevations of any inlet in the system. h. Slope pipe and channel structures to minimize sediment. i. Use runoff coefficients applicable after complete development has occurred. 2. Components. a. Minimum pipe size is fifteen (15) inches in diameter. b. Distance between termL, mting or intermediate structures shall not exceed those required by state standards for the construction of rnamtenance inlets or manholes. c. Pipe shall meet ASTM, AASHTO and current Department of Transportation specifications. Concrete pipe shall have gasketed joints, meeting the requirements of AASHTO. d. Metal pipe used beneath pavement or parallel within the right-of-way shall provide a joint-free installation. Where joint-free installations are not feasible pipe shall be jointed with a twelve-inch wide band having a mastic or neoprene gasket providing a watertight joint. Other jointing techniques meeting or exceeding these requirements may be used if approved by the director of development. e. Pipe shall be fitted with headwalls, endwalls, inlets and other appropriate structures. f. Catchbasin and manhole covers shall be bicycle proof. 3. Dedications. Where additional ditches and canals are required to accommodate contributory surface waters, right-of-way shall be dedicated for future needs. Exception: developer may excavate or open sufficient capacity to provide for existing drainage needs whenever the developed or undeveloped status of adjacent areas so warrants, subject to approval by the director of development. B. STORM WATER TREATMENT. Rai~all runoff, surface wa~ers and groundwaters shall be managed in subdivisions to optimize water quality and maximize percolation and detention to promote the re- use of this resource. The treatment shall be acceptable to the SNWM D. Storm Water Management shall be governed by the appropriate drainage district. 1. Design Criteria. a. Size to accommodate at lea.st a one hour, three-year storm or to retain the first inch of runoff, whichever is greater. 1997 S-5 oo Boynton Beach Code b. Provide detention for at least the first inch of rainfall in swales, retention areas or other approved facilities, c. Pervious areas shall be sodded and irrigated unless other landscaping is approved by the director of development. d.' Route runoff from roads, parking lots, roofs, and other impervious surfaces over areas where percolation is accomplished prior to introduction, into any receiving facility. Runoff carried directly into the closed storm sewer system must be discharged to percolation areas prior to conveyance to off-site receiving waters. 2. Components. a. Maximum runoffdistance over impervious surfaces before diversion to percolation areas is fifty (50) feet excluding roofs, sports fields, roadway gutters and storm sewers. b. Temporary ponding shall not last more than eight (8) hours. c. Swales may be substituted for storm sewers to convey and collect surface waters. Minimum swale grade shall be three feet per 1,000 -linear feet. Maximum swale grade is limited to that grade which will produce water velocities below the threshold of erosion. Maximum swale side slope in shall not exceed four to one (4:1). d. Water management tracts shall include a twenty-foot maintenance easement with a maximum side slope of eight to one (8:1) to elevation. Maximum slope from edge of maintenance easement to a point two feet below control elevation is four to one (4:1). 3. Dedications. Major treatment facilities such as swales, lakes, canals, and other areas used for storm water management prior to discharge from development shall be placed in water management tracts shown on the plat and dedicated to the entity responsible for their maintenance. 4. Alternate treatments. Alternate treatment methods or facilities which in the opinion of the director of development are equal or superior to the above requirements may be approved. Application for such approvals shall be accompanied by written data, calculations and analyses which show, by accepted engineering principles, that the alternate proposal is equal or superior to that required. All major treatment facilities such as swales, lakes, canals, and other detention areas used for Storm water management prior to discharge from development shall be placed in water management tracts shown on the plat and dedicated to the entity responsible for their maintenance, All water, management tracts shall include where necessary, a twenty-foot maintenance berm, 'with a side slope not steeper than eight to one (8:1) to control and four to one (4:1) two (2) feet below control. Alternate treatment methods or facilities which in the opinion of the director of development are equal or superior to the above requirements may be approved. (Ord. No. 96-56, § 5, 1-21-97) A. UTILITY EASEMENTS. Easements twelve (12) feet wide shall be provided to accommodate all required utilities across lots and where possible shall be centered on lot lines with convenient access for maintenance. Easements ten (10) feet wide shall be provided for underground utilities across that portion of a lot adjacent to a street. Additional utility easements may be required by the city when, in the opinion of thc director of development, such easements are necessary for continuity of utility service between developments and where necessary for maintenance and service. Utility easements and drainage easements shall be separate unless otherwise approved by the director of utilities and the director of development. Where crossings occur, drainage easements shall take precedent~ B. DRAINAGE EASEMENTS. Drainage easements shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum of twelve (12) feet shall be provided for underground storm drainage installations. Where canals or ditches are permitted, 1997 S-5 Requirai Improvements 7 the width shall be adequate to accommodate drainage plus twenty (20) feet on one side for maintenance purposes. Where the width of canals or ditches exceeds sixty (60) feet, they shall be acceptable to and placed under the control of the drainage agency having jurisdiction. Drainage easements shall be provided to facilitate removal of surface waters from contributory areas. When a subdivision is traversed by or develops .canals, watercourses, lakes, streams, drainage ways or channels, a drainage easement or right-of-way shall be provided conforming substan- tially with the lines of such waterway and of such width and/or construction as will be adequate for the purpose. All lots shall have frontage on a street or have permanent private access to a street which has a minimum fight-of-waY of fifty (50) feet. All lots shall have the area, frontage, width and depth required by the prevailing or approved use zone wherein said lots are located. When a subdivision is proposed under land with existing structures that are proposed to be retained, lots are to be designed so as not to cause existing structures to become noncon- forming with respect to building area or lot size. :When lots are platted abutting a collector or arterial street, access shah be limited to local streets or marginal acc~s roads. No access from individual lots shall be permitted directly to collector or arterial streets. Double frontage lots or through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography or orientation. Where double frontage lots are developed they shall be buffered as required by this ordinance. Comer lot lines at intersecting rights-of-way shall be the long chord of a twenty-five-foot radius or of a greater radius where deemed necessary. Comer lots shall be designed to provide a safe intersection with respect to sight distance. A restriction shall be defined on the plat prohibiting construction or plantings over 2 foot six inches high on comer lots within a safe sight distance based on the crown elevation of the street. (Ord. No. 96-56, § 6, 1-21-97) Sec. 8. Seawalls, bulkheads, piers and docks. Seawalls, bulkheads, piers and docks installed along access waterways shall be installed under permit issued by the Boynton Beach Development Deparunent. Seawalls and bulkheads shall be constructed with the water side face .being on the property line. Test borings of subsurface condition of the tract are required. When nonpervious soils or unstable soils (peat, muck, etc.) are encountered, the developer shall provide such additional design and construction as are necessary to assure proper drainage and development. Test locations and results shall be recorded on the construction plans. Street layout shall be coordinated with the street .system of the surrounding area. Consideration shall be given to existing and planned streets, topographical conditions, public convenience, safety and relation- ship to tl~ proposed use of the land to be servel. The arrangement of stre~'.s in new subdivisions shall provide for the continuation of existing streets in adjoining me. as not subdivided, and shall provide for the proper projection of streets. When a subdivision adjoins unsubdivided land, then the new strut, where necessary, shall be carried to the boundary of the tract propo~ to be subdivided to promote reasonable development of adjacem lands, and provide continuity of street systems. The new subdivision shall provide for the incorporation and compatible development of present and future streets shown on the thoroughfare n',ap adopted by the City Commission. A. TRAFFIC ANALYSIS. A subdivision that will generate three thousand (3,000) one-directional vehicle trips per day or two hundred fifty (250) one- directional vehicle trips in any one-hour period must submit a traffic impact analysis along with the master plan. The analysis shall be prepared by a professional engineer and shall be used to determine the number of 19~8 S-7 8 Boymon Beach Code lanes, c_~oacity of street systems proposed or affected by the development, and the phasing of improvements. When a subdivision will not generate sufficient one- directional vehicle trips to wan'ant a traffic impact analysis, an intersection analysis must be submitted along with the master plan. B. STREET RIGHT-OF-WAY WIDTH. Minimum street right-of-way width shall be as ~ollows: Right-of-Way Width Street ~P~pe (in feet) Expressway ...................... 300 Major arterial .................... 200 120 Arterial ........................ *Collector ........................ 80 *Local with mountable curb ............ 50 *Local with swales .................. 60 Marginal access .................... 40 *The right-of-way width may be reduced by eight (8) feet if the provisions of Chapter 6, Art. IH, Sec. 11 are met. C. STREET PAVEMENT WIDTHS. Street pavement widths shall be as follows: Street Type Paving Width (in feet) Expressway ............. 4 or more 12-foot lanes with median Major aflerial ........... 4 or more 12-foot lanes with mining lanes and median Arterial ................ 4---12-foot lanes with tuml-~ lanes and, when required, median *Collector .............. 2 or more 12-foot lanes with turning lanes, median optional *Local ................. 2--11 foot lanes * Measured from center of valley curb or edge of pavement D. DEAD-END STREETS. Dead-end street shall be prohibited except when designed as a cul-de- sac. Such street shall not exceed one thousand three hundred twenty (1,320) feet in length except where natural geographic barriers exist and shall be provided at the dosed end with a circular dedicated or private fight-of-way with a radius of no less than forty-five (45) feet in the Central Business District and no less than fifty (50) feet in all other zoning districts. If a dead-end street is of a temporary nature, an adequate turnaround within the proposed right-of-way may be required. E. CONSTRUCTION IN MUCK OR CLAY AREA~. When streets or &Heys are to be comtructed in muck area,' the muck or peat shall be corttpletely removed from the centerline (10) feet beyond the edge of pavement on each side. When gumbo or other plastic clays are' encountered, they shall be- removed within the roadway area one foot below the subgrade extending horizontally to the outside edge of the shoulder area. The design of streets proposed in excessive muck areas shall be considered on an individual basis. F. MATERIALS. Streets shall inclUde a subgrade, base and wearing surface in accordance with current-city standards. Local streets shall be paved with one and one-half (1-1/2) inches of Type S- II or s-rtl asphaltic concrete surface course placed in two lifts on an acceptable base with a stabilized subgrade producing a fifty (50) p.s.i. Florida bearing value. All other streets of higher classification shall be paved with one and three-quarters (1 3/4) inches of Type S-II or S-HI asphaltic concrete surface course placed in two lifts on an acceptable base with a stabilized subgrade producing a seventy-five (75) p.s.i. Florida bearing value. Accep_ table base material shall bo limerock or approved local shell having a twelve-inch compacted thickness or the equivalent of sand asphalt plant mix meeting state standards. An alternate of Type I asphaltic concrete one and one-half (1-1/2) inches thick may b~ used on all streets of higher classification. O. ALTERNATE TYPES OF PAVEMENT, BASE AND SUBGRADE. Alternate types of pavement, base and subgrade which, in the opinion of the director of development, are equal or superior to those specified may be approved. AppliCation for such approval shall be accompanied by written data, calculations and analyses which show, by accepted engineering principles, that the 'alternate types are equal or superior to those specified. 1998 S-7 H. STABILIZED SHOULDERS. Stabilized shoulders eight (8) feet wide shall be provided for distress lanes unless paved lanes are provided. The shoulder shall consist of a six-inch layer of soil h~ving a minimum of fifty (50) p.s.i. Florida bearing value for local streets and seventy-five (75) p.s.i, for streets of higher classific~ion. Where sod is desired, it shall be ins~led prior to acceptance of the subdivision. As an alternative, six (6) inches of stabilization ma), be lef~ four (4) inches below finished grade. No time extensions will be granted on the basis of incomple~ stabilized shoulders. I. STREET GRADES. Street grades shall be determined in relation to the drainage installations for the subdivision. Street grades shall not exceed two and one-half per cent (2-1/2~) unless adequate protection for erosion is provided. Swale section grades shall not be less than thirty hundredths per cent (0.3 %) and guttered section grades shall not be less than twenty hundredths per cent (0.2~) unless otherwise approved by the director of development. Road drainage shall be shown on development plans by direction, per cent of fall and with a centerline distance between control points. $. SWALE AND SWALE GRADES. Swale grades within the right-of-way shall comply with current city standards including, but not limited to, 'the recreation and parks depa~u,ent policy and procedure manual. Runoff may be accumulated and carried in swales or guttered sections in the right-of- way along streets in accordance with the maximum flood lines shown in the current city standards, Water in excess of these quantities shah not be camed in the street swale or gutter but shall be diverted into storm facilities. K. STREET JOGS PROHIBITED. Local street jogs with centerline offsets of less than one' hundred twenty-five (125) feet are prohibited. M. LOCAL STREETS. Local streets shall be laid out so ~s to discourage through traffic. N. RAILROADS ON OR ABUTTING SUBDI- VISIONS. When a subdivision borders on or con- rains a railroad fight-of-way, a street approximately parallel to and on each side of such right-of-way may be required so as to permit appropriate use of the intervening land for park purposes in residential · districts or for commercial or for industrial purposes in appropriate districts. O. HALF STREETS. Half or partial streets are prohibited except where essential to the reasonable subdivision of a tract in conformance with the thoroughfare plan and these regulations. In addition, satisfactory assurance for dedication of the remaining part of the street must be provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street may be required to be dedicated and constructed within such tract. A proposed subdivision that adjoins or includes an existing street which does not conform to the rnini- mum right-of-way requirements of these regulations shall dedicate right-of-way along either one or both sides of said street so that the minimum right-of-way requirements of these regulations can be met. P. THOROUGHFARE INTERSECTIONS. Minimize the number of driveways and access roads which intersect thoroughfares and design these driveways and access roads to allow for signalization. Q. STREET NAMES. Proposed streets which are in alignment with other existing and named streets shall beta' the same name as the existing street. All other street names shall include a modifier such as street, lane, avenue, boulevard, drive, place, court, etc. and shall not duplicate or be phonetically similar to existing street names regardless of the use of the modifier. L. MARGINAL ACCESS STREETS. Where a subdivision abuts an arterial or higher classification street and adjoining property owners desire access other than at street connections, a marginal access street shall be required from an intersection to the edge of the subdivi.~ion. R. ALIGNMENT, TANGENT, DEFLECTION, RADII. Streets shall be laid out to intersect as nearly as possible at right angles. Multiple intersections involving the junction of more than two (2) streets are prohibited. The point of curvature of any local street shall not be closer than one hundred (100) feet to any intersection. All intersections shall 1997 S-$ 10 Boy'ton Beach Code be designed to provide adequate stopping and sight distance in accordance with the current edition of A.A.S.H.T.O. standards. When the centerline of a local street deflects by more than ten degrees (10°), it shail be curved with a radius adequate to assure safe sight distance and driver comfort. Property lines ~t street intersections shah be a minimum of thirty- five (35) feet long and street pavement radii shall be a minimum of thirty (30) feet. S. STREET MARKERS. One street marker as prescribed by current city standards shall be provided at each intersection eight (8) feet from the edge of pavement on a radial line that bisects the intersection radius curve. T. SIDEWALKS. Sidewalks shall be four (4) feet wide within local street rights-of-way and five (5) feet wide within ail other street fights-of, way and shall be constructed of 2500 p.s.i, concrete. Drive- ways and commercial areas shall be.. six (6) inches thick reinforced with' iix inch by six inch (6' x ten-gauge wire mesh. In other areas, thickness may be four (4) inches. The cross slope shall be one- quarter (1/4) inch per foot. Sidewalks shall be placed within the right-of-way one foot from the fight-of- way line unless otherwise approved by the director of development. 'U. COLLECTOR ROAD DEDICATION. Collector roads within subdivisions shall be dedicated as public streets. V. LOT ACCESS. Individual lots shall have access to an internal street SYstem. Limited collector LIMITED ACCESS EASEMENTS. access easements shall be provided along and arterial roads. X. CROSS ACCESS ROAD. Provide cross access roads between commercial sites wherever practical to minimize trips on nearby thoroughfares. Y. ALTERATIONS TO MEDIAN STRIPS. 1. Whenever alterations of median strips are deemed n~sary by the City Commission for the promotion and protection of the health, safety and general welfare of the community, the costs for such alterations shall 'be borne by the developers or property owners of such land development projects. 2. No building permit shall be issued for the comtruction of any building, structure or other development of property until the plans and specifications for required median strip alterations has been appwved by the Florida State Department of Transportation and by the city's police chief, fire chief and director of development, and until the developers/property owners have submitted surety for one hundred ten per cent (110%) of the cost of. alterations as described in Chapter 7 .of the Land Development Regulations. (Ord. No. 96-56, § 7, 1-21-97; Ord. No. 97-25, § l, ?-1-97) Sec. 11. Street llglmng. Where street lighting is installed, it shall be installed on all local and collector streets, at each intersection, at the end of cul-de-sacs, and wherever, in the opinion of the director of development, a dan- serous condition is created. Between intersection,s, streetlights may be engineered for security purposes only. Streetlights shall be wired for underground service except where aerial service is permitted by Section 13 of this article. Bicycle/pedestrian paths shall be eight (8) feet wide. In driveway and commercial areas, the surface, base and subgrade requirements of Article IV, Section 10, subsection F shall be met. In other areas, one inch Type H asphaltic concrete on a four-inch thick compacted base of locally approved lira, rock or shell shall be used. When bicycle/pedestrian paths are not located within road rights-of-way, the base shal! extend six (6) inches from each side of the surface and muck shall be completely removed below the base. Three-quarter (3/4) inch thick Type I asphaltic concrete may also be used. The cross slope shall be one-quarter (1/4) inch per foot. (Revised 4..26-95) 1998 S-7 Required Improvemen~ I1 13. Utilities. Sec. 14. Utility inst~ation. Utilities, including power and light, telephone, telegraph, water, sewer, cable television, wiring to streetlights and gas shall be installed underground. This section shall apply to all cables, conduits._or wires forming parts of an electrical distributions system including service lines to individual properties and main distribution feeder lines delivering power to local distribution systems, except that it shall not apply to wires, conduits or associated apparatus and supporting structures whose exclusive function is transmission or distribution of electrical energy between subdivisions, generating stations, substatiOns and transmission lines of ~ther utility systems, or perimeter lines located adjacent to the subdivision. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type. telephone terminals or other similar ~on the grOUnd" facilities normal!y_ used with and as a part of the underground distributions system may be placed above ground, but shall be located so .as not to constitute a traffic hazard. Easements shall be coordinated with requisite utility authorities and shall be provided as prescribed by this ordinance for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules and regulations. Underground utilities are not required in subdivisions of less than twenty-one (21)lots. The director of development may waive the requirement for underground installation if the service to the adjacent area is overhead and if it does not appear that further development in adjacent areas with underground utilities is possible. Any new service which is allowed by the waiver herein to be supplied by overhead utilities shall be connected to a service panel that is convertible for underground utility service at a future date. The developer shall make necessary cost and other arrangements for such underground installations with each of the persons, firms or corporations furnishing utility service involved. Utilities shall be constructed in easements as prescribed by this ordinance. After the subgrade for a street has been completed, the remainder of the street right-of-way has been graded and before any material is applied, all underground work for the water mains, sanitary sewers, storm sewers, cable television, gas mains, telephone, electrical power conduits and appurtenances and any other utility shall be installed -completely through the width of the street to the sidewalk area or provisions made so that the roadway or right-of-way will not be disturbed for utility installation. All underground improvements installed for the purpose of future service connections shall be properly capped and backfilled. Sec. 15. Median strip~ and entranceways. A. MEDIAN STRIPS. Median strips which are part of a dedicated or deeded right-of-way may not be utilized for any purpose other than by the city or a public utility. If a developer desires to beautify a median strip in a subdivision he may do so by placing grass and shrubs of small root structure Within the median strip under permit issued by the director of development after submission and approval of landscaping plans. In addition, adequate irrigation systems shall be provided by the developer. B. SUBDIVISION ENTRANCEWAYS. Subdivision entranceways consisting of walls, fences, gates, rock piles or the like are not permitted within the median strip or other areas in a dedicated or deeded right-of-way. Decorative entranceways must be constructed upon plots of land adjacent to a right- of-way in compliance with the zoning, building and sign codes and must not constitute a traffic hazard. A guardhouse located so as not to create a traffic hazard may be constructed at the entrance to a development having private streets. Sec. 16. Fire hydrants. Fire hydrants shall be no more than three hundred (300) feet apart and the remotest part of any structure shall be no more than two hundred (200) 1997 5-5 12 Boynton Be~ch Code feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at residual pressures of not less than twenty (20) pounds per square inch, fire flow of at least one thousand five hundred (1,500) gallons per minute shall be provided as a minimum standard. Sec. 20. Nuisance abatement. Appli ~cant shall describe in writing how blowing sand, dust and other airborne matter will be controlled during clearing, grading and filling and until such time as permanent ground cover is '- installed. Exceptions: In one and two (2) story residential subdivisions with not more than ten (10) dwelling units per acre, fire hydrants may be spaced up to five hundred (500) feet apart but not more than three hundred (300) feet from the center of any lot in the subdivision. The system shall-provide flow capacity of at least five hundred (500) gallons per minute in addition to maximum day domestic requirements at specified residual pressures. Sec. 17. Traffic control devices. The design of traffic control devices shall be in accordance with the manual for uniform traffic control devices. Sec. 18. Monuments. . The design of permanent reference monuments, "P.R.M.'S" and permanent control points, "P.C.P.'5" shall be as prescribed by Chapter 177, Florida Statutes, as amended. Where such monuments occur within street pavement areas, they shall be installed in a typical water valve cover, as prescribed in the current city standards. Sec. 19. Comm~.ial and industrial subdivisions. Commercial and industrial subdivisions shall comply with all of the requirements of this ordinance, except that all local streets shall be designed and constructed according to the collector street typical section contained in the current city standards. ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS Sec. 1. Construction methods. Construction methods shall be those prescribed in the current 'Department of Transportation Standard Specifications for Road and Bridge Construction.' Sec. 2. Admlni~ration of construction. After issuance of a development order by the directo~ of development, a developer may construct the required improvements subject to obtaining all required permits. The director of development shall be notified in advance of the date of commencement of such construction. Construction shall be performed under the surveillance of, and shall at all times be subject to review by, the director of development or his designee; however, this in no way shall relieve the developer and his Florida registered engineer of the responsibility for administration, coordination and final compliance with the approved plans, specifications and all applicable rules, ordinances, resolutions, laws, etc. The director of development or his designee shall have the right to enter the property during the progress of construction. The developer's engineer shall submit construction progress repons at points of progress prescribed by the director of development as well as final certification of completion of required improvements. The developer's engineer shall coordinate joint reviews of construction with the director of development. The director of development or his designee shall have the authority to stop work upon failure of the developer or his engineer to administer and/or coordinate the construction of the required improvements as prescribed by this ordinance. 1997 S-5 Required Improvements i3 Sec. 3. Measurements and tests. The director of development may require, at his discretion, tests and measurements which he deems necessary. Sec. 4.. Construction documents. A. PREPARATION & SUBMITTAL OF CONSTRUCTION DOCUMENTS. Upon approval of the master plan by the TRC, the developer shall submit to the director of development's office within six (6) months eight (8) sets of signed and sealed construction plans and six (6) sets of the plat along with a nonreimbursable fee as adopted by resolution of the City Commission payable to the City of Boynton Beach. The subdivision of a large tract may be developed in two (2) or more increments and the developer may submit construction plans and a plat for approval to develop the subdivision in increments. The construction plans and. plat shall coincide with the master plan or site plan as approved, and major deviation desired by the developer must be approved by the TRC by application from the developer and resubmittal. B. CONSTRUCTION PLANS. 1. Construction plans shall be submitted for all the improvements required by this ordinance. The plans shall be under separate cover for each of the following when required: a. Paving, grading and drainage b. Bridges c. Water and sewerage systems d. Street lighting, landscaping within public rights-of-way, park.s, recreational areas and parking areas. Plans for street lights shall have the approval of the requisite utility authorities involved. 2. The plans shall be so complete that from them a complete review and analysis can be made without research of any outside data. The plans shall consist of and contain, but shall not be limited to: a. A cover sheet, including a vicinity sketch. b. Plan showing complete details including water, sewer and storm drainage systems, c. In addition to a master storm water managemem plan, complete calculations used to design the storm water system. of quantities. Typical sections and summary e. Construction details showing compliance with city standards, or alternate design as approved by the director of development. f. Special profile sheets, if necessary, showing special or unique situations. g. Bench mark, based on N.A.V.D. datum./ h. Soil analysis, showing the locations and results of test borings of the subsurface condition of the tract to be developed. Where impervious soils are encountered, the plans shall reflect a satisfactory design to cope with such conditions. The director of development may require additional design and construction as necessary to assure proper drainage and development of the area. i. The plans shall contain the special conditions and specifications pertaining to the subdivision in note form on the plans, such as: (1) Required compliance with this ordinance. (2) Where applicable, required compliance with state standards as currently adopted and in use. (3) Minimum standards for materials. 1997 S-5 14 oo Boynton Beach Code (4) Test requirements for stabilization, base and backfill. sewer service. (5) Source of water and (6) Installationofsubsurface construction such as waterlines, sewer lines, public utilities and storm drainage prior to compaction of subgrade and roadway construction. (7) Plans and statements which show and describe how blowing sand, dust and other airborne particulates will be minimized. 3. Projects engineered by more than one firm shall be coordinated by a single engineering firm. 3. When the director of development rules that the construction plans are not acceptable, the developer and/or the developer's engineer will consult. with the director of development to determine what changes are required. When the director of development approves the construction plans, he shall so advise the developer's engineer and furnish a written statement of technical compliance and surety establishment. Upon receipt of technical compliance, the developer's engineer shall submit six (6) sets of construction lflans, includin/ copies of the health department's final water and sewer permits, at the time of submission of the final plat. 4. Technical compliance of the construction plans shall not constitute acceptance of the final plat; rather it shall be deemed a guide to the preparation of the final plat. 4. A certified cost estimate shall be prepared by the developer's engineer and shall include the costof surveying, testing and all required improvements. C. APPROVAL OF CONSTRUCTION PLANS. The director of development's office and the TRC shall review the construction plans as to their conformity with this ordinance and within twenty (20) working days from the date of the submittal of the plans, the director of development's office shall inform the developer's engineer 'that the plans as submitted do or do not meet the provisions of this ordinance. 5. Technical compliance of the construction plans and optional preliminary plat shall not be construed as authority for filing the plat' with the clerk of. the circuit court of Palm Beach County, nor as authority for the sale of lots in reference thereto. 6. Building permits shall not be issued for any permanent structure on a lot wherein the final plat has not been recorded in the manner prescribed, unless the recording of the plat is not required by Chapter 5 of these Land Development Regulations. (Ord. No. 96-56, § 8, 1-21-97) 1. When the director of development's office finds that the construction plans as submitted do not meet the provisions of this ordinance, the director of development shall advise the developer's engineer in writing and reference shall be made to the specific article, section and paragraph with which the plans and plat do not comply. Upon such findings, the devcloper's engineer shall make the corrections or revisions as defined in the wriuen statement and shall resubmit the construction plans. 2. When the director of development's office and the TRC determine that the construction plans meet the provisions of this ordinance, the director of development will so advise the developer. Sec. S, Certificate of completion. In order to obtain final approval of required improvements from the director of development, the developer shall submit the following documents: A. ENGINEERS CERTIFICATION. The developer's engineer shall certify in writing that the required improvements were installed under his responsible direction; that improvements conform with approved construction plans and all laws, regulations, codes, etc. including, but not limited to, this chapter; and that the required improvements have been completed. 1997 S-5 Required Improvements lls B. AS-BUILT DRAWINGS. One complete set of construction plans on a high quality time stable reproducible material showing the original design as compared to the actual finished work. C. TESTS AND REPORTS. One complete set of all measurements, tests and reports n~te concerning work and materials during construction of the required improvements. Sec. 6. Time extensions. All required improvements shall be completed within twenty, one (21) months of the date of issuance of the land development order. Time extensions may be considered by the City Commission upon recommendation by the director of development after the developer presents a written request for extension to the office of the director of development. No time extension shall exceed one year. Sec. 7. Obtaining Certificates of Occupancy. No Certiftcates of Occupancy will be issued for buildings in the platted subdivision until all required improvements are completed and accepted by the City, except that a developer may, at his option, post additional 110% surety in compliance with Chapter 7 for work which may be more prudently put in place subsequent to building construction such as sidewalks and landscaping. Certificates of Occupancy will not be issued for the final ten (10) percent of the buildings until such work is accepted by the city as completed. (Ord. No. 96-56, § 9, 1-21-97) ARTICLE VI. ACCEPTANCE AND MAINTENANCE OF REQUIRED IMPROVEMENTS Sec. 1. Workmanship and material agreement. The developer shall execute and deliver to the city a cash bond or other acceptable surety in an amount determined by the director of development guaranteeing the required improvements against defect in workmanship and material for one (1) year after acceptance of such improvements by the City Commission. Surety shall be as specified in Chapter 7 and shall be delivered to the city contemporaneously with delivery of the certificate of completion. Sec. 2. Acceptance of dedication and maintenance of improvements. The dedication of public space, parks, rights, of- way, easements or the like on the plat shall not constitute an acceptance of the dedication by the city. The acceptance of the dedication shall be indicated by a resolution of the City Commission adopted when all improvements meet or exceed the standards set forth by this ordinance. The director of development, upon satisfactory completion of all improvements, shall notify the City Commission that the developer has complied with all of the provisions of this ordinance and shall recommend acceptance of the dedications and, when applicable, the maintenance of the required improvements. Upon such recommendations the City Commission, by resolution, shall approve the subdivision, the dedications on the plat and the maintenance responsibilities of the required improvements. Sec. 3. City completion of required improvements. When a plat has been recorded and the developer fails to complete the improvements required by this ordinance, the City Commission may, at it's option, complete the publicly owned and maintained improvements or restore the site to its original condition under the guarantees provided by the developer. In such case, the City Commission shall direct the director of development to call upon the guarantees as outlined in Chapter 7, Article I, Section 2, paragraph D. (Ord. No. 96-56, § 10, 1-21-97) 1997 S-5 16 Boynton Beach Code ARTICLE VH. SUBDMSIONS CONTAINING/ADJOINING WATERFRONT PROPERTY Sec. 1. General design. When a developer designs a subdivision containing/adjoining waterfront' property either existing or proposed such as canals, water courses, lakes, streams, drainage ways or channels, such subdivision shall comply and conform to the requirements of this article and this chapter. Sec. 2. Easements or rights-of-way. Provide storm water easement or a drainage right-of-way conforming substantially with the lines of watercourse and of such further width or construction or both as will be adequate for the purpose.. Additional right-of-way may be required where necessary for maintenance, safety and convenience. Sec. 3. Design. Where canals, watercourses, lakes, strearo, s, drainage ways or channels are adjacent to or exist upon the property to be subdivided, they shall retain natural characteristics or design and protect waterways so as to not present a hazard to life and safety. Access waterways proposed in conjunction with a subdivision shall have a minimum water depth of six (6) feet for a continuous bottom width of twenty (20) feet. Where seawalls, bulkheads or retaining walls are not required, the design shall incorporate a minimum of a four to one (4: l) slope from existing ground to a depth of six (6) feet. Sec. 4. Construction and l~rmitting. A. PLANS. No person, firm, corporation, or any other association shall alter, reroute, deepen, widen, change, or construct any waterway without first submitting construction plans and an application for such work to the director of development for a dredge, fill or excavation permit. Prior to the issuance of such a permit, the plans shall be approved by the director of the department of development. B. AGENCY APPROVALS. Where the dredge, fill, or excavation affects public property or sovereign land, the construction plans shall, prior to issuance of permit, be approved by the governing agencies having control over public property or sovereign lands such as the South Florida Water Management District, Trustees of Internal Improvement .Fund, Corps of Engineers, Department of Environmental Protection, Lake Worth Drainage District, or any other public agency having jurisdiction in such matters. C. DEDICATION OF RIGHTS-OF-WAY. Prior to the construction or alteration of watercourses as prescribed in paragraphs A and B of this section, right-of-way required for such work must be appropriately dedicated. Where such construction or alteration affects a governmental agency, the dedication, deed or easement shall be to such agency. Sec. S. Seawalls, bulkheads, docks and piers. Prior to construction of any seawall, bulkhead, dock or pier a construction permit shall be obtained from the City of Boynton Beach Development Department. Sec. 6. Dedication. A. DRAINAGE EASEMENTS. Where, in the opinion of the director of development, public fights for drainage purposes are necessary, an easement shall be dedicated to the city. B. WATERWAYS. Waterways except for public drainage easements shall be dedicated to a property owners' association or reserved for the use of the residents of a subdivision when the subdivision is developed as a condominium or cooperative development as defined by Florida Law. In lieu of the foregoing, waterways may be dedicated to a legally constituted drainage district. 1997 S-5 Requir~t Improvements C. MAINTENANCE. Perpetual maintenance of rights-of-way or easements for canals, watercourses, lakes, streams, channels or other water management areas shall be dedicated to a property owners' association unless the right-of-way or easement is public. In those cases maintenance may be dedicated to the city for the limited purpose of providing minimum drainage as determined by the director of development. 17 Sec. 7. Exceptions. This article shall not apply either t~o drainage easements containing subsurface' drainage systems or to the operation or activities of a governmental water control district. 1997 S-5 Boynton Beach Code Chapter 7.5 i~IVI'RO~AL REGULATION Art. I. Tree Preservation Art. II. Landscape Code Art. m. Central Business District Landscape Code · - Art. IV. Environmentally Sensitive Lands ARTICt.~. I. TREE PRESERVATION Sec. 1. Short rifle. This article shall be known and may be cited as the "City Tree Preservation Ordinance." The purposes of this article are to establish rules and regulations governing the protection of trees and vegetative cover within the limits of the City of Boynton Beach, to encourage the proliferation of trees and vegetation within the city as well as their replacement, in recognition of their importance and their meaningful contribution to energy conservation .and management, to a healthy, beautiful and safer 'community attributable to their carbon dioxide absorption, oxygen production, dust filtration, wind and noise reduction, soil erosion prevention, beach erosion protection, surfac~ drainage improvemem, beautification and aesthetic enhancement of improved and vacant lands, and the general promotion of the health, safety, welfare and well being of the community. Sec. 3. De£mitiom. A. Buildable area: "Buildable area" shall be defined to mean that portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected. B. City inspector: The city forester or any person designated by the city manager to enforce the provisions of this article. C. Drip line: A vertical line running through the outermost port of the crown of a tree and extending to the ground, provided, however, that the same shall not be less than a ten-foot diameter circle which is drawn from the center line of the trunk of a tree. D. Mangrove trees: A "mangrove tree" is any plant belonging to any of the following species of mangroves: Rhizophora mangle, the red mangrove; Laguncularia raeemosa, the white mangrove, and Avicennia nitida, the black mangrOVe. E. Removal: ,Removal of trees" also includes any intentional or negligent act which will cause a tree to decline and die within a period of three (3) years including, but not limited to, such damage inflicted upon the root system of a' tree by the operation of heavy machinery; the change of the natural grade above 'the root system of a tree or around the trunk of a tree; and damage from injury or from fire inflicted on trees which results in or permits infections or pest infestations. F. Shrub: "Shrub" shall mean a bushy, woody plant, usually with several permanent stems, and usually not over ten (10) feet high at its maturity. G. Specimen tree: A "specimen tree" shall mean a tree which has been determined by the judgment of the city inspector to be of high value because of its type, size, age or other professional criteria, and has been so designated and that designation has been officially made and promulgated as pan of the official records of the City of Boynton Beach. H. Tree: Any self-supporting woody perennial plant which has a trunk diameter of two (2) inches or more when measured at a point four and one-half (4 1/2) feet above ground level and which normally attains an overall height of at least ten (10) feet at maturity usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oak. All mangrove Boynton Beach Code trees shall be included hereunder, which are four (4) feet or more in height. I. Yard area: "Yard area' shall mean the front, side and rear yard areas as established and required under the comprehensive zoning code and the zoning district requirements as applicable thereto. Sec. 4. Application of artide provisions. The terms and provisions of this article shall apply to real property as follows: A. All real property upon which specimen trees are located which trees have been designated as such under the provisions of this article. B. All vacant and undeveloped property. C. All property in all zoning classifications that is intended to be redeveloped. D. The yard areas of all developed property except that property which is developed with single- family or two-family dwelling units, provided the trees designated as specimen trees are not involved. 'Developed" as used in this section shall mean those parcels of land within approved subdivisions which contain roads and utilities. Sec. S. Permit required. A. Tree permits. No person, organization, society, association or corporation, or any agent or representative thereof, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any tree as del'reed by this article, situated on a property described above without first obtaining a tree permit. B. Land-cleating, removing or filling permits. No person, organization, society, association or corporation, or any agent or representative thereof, directly or indirectly, shall engage in land-clearing, land-removing or land-filling activities in the City of Boynton Beach, or use, operate, propel or maintain in use any bulldozer, pay loader, front end loader, back hoe, drag line, power shovel, road grader, dump track, dredge, sand pumping machine, pump line, fill spreader or other heavy duty land-clearing, land-removing or land-filling equipment without first obtaining a permit. Sec. 6. Application for permit. All permits required under Section 5' shall be obtained by making application for the permit to the development dePartment. The application shall be accompanied by a written statement specifying the location of the property and the expected land use and indicating the reasons for removal, relocation or replacement of trees thereon. Said application shall be accompanied by four (4) copies of a legible site plan drawn to a minimum scale of one inch equals twenty (20) feet unless, in the discretion of the city inspector, it has been determined that a lesser detailed scale site plan of the area involved, either in whole or in part, will be sufficient for the purposes of this article in which case an appropriate substitution shall be acceptable. Aerial photographs having a minimum scale of one inch equals fi~ (50) feet may also be submitted for consideration of the city inspector as such an acceptable substitute for a site plan. Sec. 7. Site plan information. Site plans submitted in connection with applications for permits for the removal, relocation or. replacement of trees shall include the following information and details which, shall be summarized in license form on the plan: A. Location of all existing or proposed structures, improvements and site uses, property dimensioned and referenced property lines, setback and yard requirements and spatial relationships. B. Existing and proposed site elevatiOns, grades and major contours. C. Location of existing or proposed utility services. D. The common and botanical names, sizes and location of ail trees or shrubs on the site, designating the trees, shrubs or natural vegetative cover which are Environmental Regulation respectively to be retained, removed, relocated or replaced. Groups of trees in close proximity may be designated as "clumps" of trees with the predominate type; estimated number and average diameter noted. Sec. 8. Alternate site plan information. In- the event that there are no trees, shrubs or vegetative cover located on the site to be developed which are required to be protected under the provisions of this article, the applicant shall so state in his application for permit hereunder. If such statement is substantiated by a field inspection of. the site by the' city inspector, the applicant shall be relieved of the necessity of supplying unnecessary or unimportant information. Sec. 9. Pre-application inspection service. In connection with the applications under the alternate site plan procedure and in connection with applications involving large tracts of property, the city inspector shall make his services available for pre-application inspections of the sites involved. Sec. 10. Application processing and review. Sec. 12. Special conditions for issuance of permits for removal. No permit shall be issued for the removal of trees, shrubs or vegetative cover unless one of the following conditions exists: A. The tree is located in the buildable area of yard area where a structure or improvements may be placed and it unreasonably restricts the permitted use of the property and such tree cannot reasonably be relocated elsewhere on the property. B. The-tree cannot be relocated on or off. the site because of the age, type or size of the tree. C. The tree is diseased, injured, in danger of falling, too close to existing or proposed structures, interferes with 'existing utility service, creates unsafe vision clearance, or conflicts with other ordinances or 'regulations. D. Where tree removal is consistent with an approved subdivision plat or site plan. E. It is in the welfare of the general public that the tree be removed for a reason other than set forth above. Upon receipt of a proper application pursuant to this article together with payment of a fee required thereon, the development department shall promptly review the same and shall forward said application to the appropriate city departments for their detailed examination review and report. Sec. II. lss-n~ce of permits. If the building inspector, based upon the recommendations and findings of the city depa~tf,~ents, is satisfied that the work of removing, relocating or replacing trees, shrubs or natural vegetative cover, described in the application for permit and the drawings filed therewith conform to the requirements of this article and the other laws and ordinances applicable, he shall issue a permit therefor to the applicant. Sec. 13. Special conditions for iss,,~,,,ce of permits for relocation or replacement. Pursuant to an application for a ~permit to relocate trees which interfere with the buitdable area of the site to an alternate location on the property or as a condition to the granting of a removal permit hereunder, the applicant may be permitted, where practical, to relocate the tree being removed to an appropriate new location on the site. Similarly, an applicant may be permitted to replace a tree being removed with another tree to be located elsewhere on the site. All replacement trees shall be of a type that will attain an overall height at maturity of at Ieast fifteen (15) feet and a trunk diameter at maturity of at least three (3) inches, measured four and one-half (4 1/2 feet above grade, and shall be a minimum of ten (10) feet in overall height when planted. 4 Boynton Beach Code Sec. 14. Tree removal or relOCation permit fee. Permits for removal, relocation or replacement of trees pursuant to the regulations and controls provided under the city tree preservation ordinance are hereby established in accordance with the followin~ schedule: A. Three dollars ($3.00) per lot for each lot contained in the legal description of the property, or five dollars ($5.00) per acre, whichever is larger. B. Minimum fee to be ten dollars ($10;00) per application. Sec. IS. Tree protection. procedures (reference "Tree Protection Manual for Builders and Developers,' issued by the State of Florida, Division of Forestry, on file with the city clerk), and all such plantings shall b~ reasonably maintained and attended to promote successful establishment thereof. Sec. ISA. Hazardous trees exempt from written In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and requires immediate removal without delay, verbal authorization may be given by the development department and the trees removed without obtaining a written permit as herein required. A. During the land clearing and construction stage of development, the developer shall erect and maintain protective barriers (to city inspector's specifications consistent with good management practices) around all trees or groups of trees to be protected. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the protective barrier. B. During the construction stage of development, the developer shall not allow the cleaning of equipment or material within the drip line of any tree or groups of trees to be protected. Neither shall the developer allow the disposal of waste materials such as paint, oil solvents, asphalt, concrete, mortar and so on within the drip line of any tree or groups of trees. C. No attachments or wires other than those of a protective nature shall be attached to any tree; D. During the land clearing and construction stage of development, the director of the development deparunent or his assigned officer, shall periodically inspect the site to insure compliance with the provisions of this article. E. Tree location and replacement activity permitted or required under this article shall be done in accordance with standard forestry practices and Sec. 16. Exceptions due to emergencies. During the period of an emergency such as a hurricane, tropical storm, flood or any other Act of God, th~ requirements of this article may be waived by the development deparunent. Sec. 17. Exemptions to nurseries, tree farms. All licensed plant or tree nurseries or tree farms shall be exempt from the terms and provisions of this article only in relation to those trees planted and growing on the premises of said licensee, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business. Sec. 18. Exemptions for betterment Applicants for permits shall be entitled to demonstrate by means of a proper landscape plan that an improvement or betterment of the environment can be accomplished over the existing site conditions, if such landscape plan is carried out to its fullest. If such a detailed landscape plan is so offered and is accepted by the city, the applicant shall/um'antee by adequate bond or other city-approved surety the F~vironmental Re~htion faithful adherence and cOmpletion of such landscape plan. The surety shall: A. Run to the City Commission. B. Be in a form satisfactory and acceptable to the city manager. C. Specify the time for completion of the requirements as determined by the city manager. Sec. 18.1. Exemptions for public utilities. All public utilities may,remove without permit, trees which endanger public safety and welfare, or which interfere with utility services which are located within utility easements and public fights-of-ways. Sec. 19. Removal of certain trees; conditions; restoration of area; penalty for violation. two (2) acres in size a permit is required to remove the exotic species listed in subsection (A). Applications for permit shall be made to the development department. The permit information required of the applicant shall be of such form and design as set forth by the city forester/ environmentalist. The permit application fee shall be thirty-five dollars ($35.00). The city forester/environmentalist shall review such permit applications and inspect the site to determine the location of exotics on the site and that the extent and removal method proposed is appropriate. C. Seeding and mulching. If no other building construction is to occur on the site, after the removal of the exotic species as approved, if the area cleared is not adequately covered with grasses within thirty (30) days, the disturbed areas shall be seeded and mulched. The seed and mulch shall be inspected by the city forester to ensure adequate ground coverage and repeated applications may be required until satisfactorY coverage is obtained. A. Removal. The following trees may be removed subject to the conditions hereinafter set forth: 1. Schinus herebenthin folus (Brazilian Pepper/Florida Holly Tree); D. Penalty for violation. Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of this section shall be guilty of a misdemeanor of the second degree, punishable by a fine and/or incarceration as provided by law. 2. Melaleuca leucadendron (Melaleuca); 3. Casuarina Spec (Australian Pine); 4. Acacia auriculiformis (EarleafAcacia); 5. Palm Beach County's "prohibited plant species" list and "invasive non-native plant" listings. B. Conditions for removal: 1. If the parcel of property is under two (2) acres in size, no permit or review by the city is required to remove the exotic tree species listed in subsection (A). A courtesy inspection and identification of exotic species may be performed by staff, at no cost to the property owner, upon request of the property owner. 2. If the parcel of property is in excess of Sec. 20. Disposal of diseased trees. Trees which are found to be diseased by the city inspector, and to be in danger of contaminating other trees or of spreading such tree infection or disease, shall be removed and disposed of, if necessary, without undue delay and on an emergency basis, as the circumstances may require. The lethal yellowing of coconut disease shall be considered such an emergency type of tree infection or disease. Sec. 21. Designation of specimen trees. The city forester may by written request to the city manager recommend from time to time the establishment of official designation certain trees located within the City of Boynton Beach as specimen trees. Upon receipt of such a written 6 Boymon Beach Code recommendation, the city manager shall review same and add thereto his own comments and recommendations. If the city manager approves such recommendation, the matter shall be presented to the City Commission for their determination. The City Commission shall notify by certified mail the affected property owner of the proposed hearing and conduct a public hearing to consider the report of the city forester and the recommendation of the city manager and shall either accept, modify or deny same and shall designate by resolution those trees it deems appropriate as specimen trees. Sec. 22. Natural growth to be preserved. Every effort shall be put forth on all undeveloped property to retain particular area of natural vegetative cover that is determined by the city inspector to be a fragile ecosystem, unique, valuable or nearly extinct in our area, 'unless it would unduly restrict the use of surrounding property or create a condition of undue hardship on said owner. development and construction thereon, should be consistent with maximum possible conservation of mangrove wetlands. Sec. 24. Procedures of cry Inspector to be followed. · All necessary procedures outlined by the city inspector shall be followed in instances where the grade site is to be raised or lowered around an existing plant, where ditching for utilities, foundations, swimming pools, driveways or the like will severely cut root systems, or where large paved' areas will delete the water supply' and aeration necessary for the life of the tree or shrub, or where a change in the grade or drainage of development will seriously harm natural areas to be retained. In making this determination of the necessary procedure, the city inspector shall use the 'Tree Protection Manual for Builders and Developers" to determine what is reasonable under the circumstances. Sec; 23. Natural vegetative cover on beach dunes. The natural vegetative cover on beach dunes shill be preserved in an undisturbed state of grouah as a fragile ecosystem. Such beach dune vegetation, grass, sea grape and tree development shall be altered, removed or changed only in accordance with the requirements of this article except as to nature trails, walks or pathways which may cross over Same. Sec. 2~. Public lands, No tree shall be removed from any city lands, public park or any areas of the Public fight-of-way except in accordance with the provisions of this article. Sec. 26. Reserved. Sec. 26.1. Reserved. Sec. 23.1. Preservation of mangrove areas. Well-documented scientific research has established that mangrove areas are the ecological base of the biological food chain for many important species, including some species of fish which are important for sport and commercial fishing. Mangrove trees also provide a habitat and shelter for birds and other organisms and are possessed of considerable aesthetic value as well as providing for a storm surge barrier. For these reasons, land Sec. 27. Penalty. A. Any person or organization, society, association or corporation, or any agent or representative thereof, violating the provisions of any section of this article shall, upon conviction, receive a fine of up to five hundred dollars ($500.00) and/or sixty (60) days in the county jail. The removal of each tree shall constitute a separate offense under this article. 1997 S-5 Environm~n~ Regulation B. Any person who violates the provisions of this article shall be deemed guilty of a misdemeanor and the conviction thereof shall be grounds for the revocation or suspension of any permit granted for the construction or remodeling of any building or structure on the site so involved. C. No building perrmt or certificate of occupancy shall be issued for any improvements upon a property where the provisions of this article have not been complied with. 7 Sec. 3. Constructfon of language and del'tuitions, A. Rules for construction of language. The following rules of construction shall apply to the text of this article. 1. The paflicular shall control the general. 2. In case of any differences of meaning or implication between the text of this code and any caption, 'illustration, summary table or illustrative table, the text shall control. Secs. 28--30. Reserved. 3. 'The word "shall" is always mandatory and not discretionary. The'word "may" is permissive. ARTICLE II. LANDSCAPE CODE Sec. 1. Short title. This article shall be known and may be cited as the "Boynton Beach Landscape Code." 4. Words used in the presem tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. 5. A "building" or "structure" includes any part thereof. Sec. 2. Declaration of purpose and intent. It is the purpose and intent of this article to · improve the appearance of certain setback and yard areas including off-street vehicular parking and open- lot sales and service areas in Boynton Beach; to protect and preserve the appearance, character and value of the surrounding neighborhoods and to preserve energy and thereby promote the general welfare by providing for installation and maintenance of landscaping for screening and elimination of visual pollution, and where possible that the landscaping to be provided as a result of this article be constructed in a manner which will reduce the demand for energy currently and in the future, since the City Commission finds that the peculiar characteristics and qualities of Boynton Beach justify regulations to perpetuate the appeal of its natural visual pollution free environment. 6. The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for." 7. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. 8. Unless the comext clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and", "or," or "either...or," the conjunction shall be interpreted as follows: a. "And" indicates that all the connected items, conditions, provisions or events shall apply, b. "Or" indicates that the connected items, conditions, provisions or events shall apply. 1997 5-5 Boynton Bea~ Code c. "£ither...or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination. 9. The word "includes" shall not limit the term to the specified examples, but is intended to extend its meaning to all other inst~ces or circumstances of like kind or character. B. Defirfitions.. For purposes of this code, in addition to the following terms or words, the definitions provided for in the zoning code of the City of Boynton Beach, Florida shall applY. 1. "Board": Board shall mean the planning and development board of the City of Boynton Beach. 2. "Landscaping": Any of the following or combination thereof: Materials such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and other material such as rocks, pebbles, sand, walls or fences, and decorative paving materials approved by the development department and the planning and development board. 3. "Landscape screen or barrier": Such screen shall be planted and maintained to form a continuous screen of plant material within a ma~.imum of three (3) years after time of planting. The screen or barrier may be either sheared or natural, symmetrical or asymmetrical arid shall be at least four (4) feet in height but not higher than six (6) feet. Walls or fences, used as landscape screens or barriers shall be constructed in accordance with the requirements of the Boynton Beach Building Code and landscaped in accordance with the requirements set forth herein. 4. "Encroachment": Encroachment is any protrusion of a vehicle outside of a parking space, display area or accessway into the landscaped area. There shall be no encroachment over or into any landscaped area. Wheel stops and/or cuts shall be placed at least two (2) feet from the edge of such landscaped area as well as two (2) feet from any preserved or planted tree. Where a wheel stop or curb is utilized, the paved area between the curb and the end of the parking space may be omitted, providing it is landscaped in addition to the required landscaping as provided herein. $. "Trees": Any self-supporting woody perennial plant which has a trunk diameter of two (2) inches or more when measured at a point four and one-half (4 I/2) feet above ground level and which normally attains an overall height of a lea~t ten (10) feet at maturity usuafly with one main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oak. Ali mangrove trees shall be included hereunder, which are four (4) feet or'more in height. 6. "Shrubs": Shrub shall mean a bushy, woody plant, usually with several permanent stems, and usually not over ten (10) feet high at its maturity. 7. "Vines": Plants which normally require support to reach mature form. Landscaping requirements for certain yard areas and off. street parking and other vehicular use areas. All areas used for a display or parking of any and all types of vehicles, boats or construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use, hereinafter referred to an "other vehicular uses," including but not limited to activities of a drive-in nature such as filling stations, grocery and dairy stores, bartks, restaurants, new and used car lots, multifamily and cluster housing, and the like, shall conform to the minimum landscaping requirements provided herein, except areas used for parking or other vehicular uses Under, on, or within buildings, and parking areas serving single-family dwellings since such residential areas are normally voluntarily landscaped. Sec. 5. Particular requirements. A. Installation. All landscaping shall be installed in a sound workmanlike manner and according to accepted good planting procedures with 1997 S-5 Environmental Regulation the quality of plant materialsas hereinafter described. (All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements). Landscaped areas shall require protection from vehicular encroachment. An inspector from the city development dcpamnent shall inspect all landscaping and no certificates of occupancy and use or similar authorization will be issued unless the landscaping meets the requirements provided herein. B. Maintenance. The owner, or his agent, shall be responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. All landscaped areas shall be provided with an automatic irrigation water supply system. Exception: Irrigation is not required for areas fully xeriscaped and approved by the City urban forester. C. Plant material. 1. Quality. Plant materials used in conformance with provisions of this ankle shall conform to the Standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants" Pan I, 1963 and Pan II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and reasonably free · of weeds and noxious pests or diseases. Grass seed shall be delivered to the job site in bags with Florida Department of Agriculture tags attached indicating the seed growers compliance with the agricultural department's qualit~ control program. 2, Trees: general requirements. Trees shall be species having an average mature spread of crown in Boynton Beach of greater than fifteen (15) feet and having trunk(s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees having an average'mature spread of crown less than fifteen 05) feet may be substituted by grouping the same so as to create the equivalent of a fifteen- foot crown spread. Palms shall be considered trees and exempt from the fifteen-foot crown spread criterion. Tree species shall be a minimum of eight (8) feet overall height immediately after planting. Trees (see list below) with roots known to cause damage to public roadways or other public work~ shall not be planted closer than twelve (12) feet to such public improvements, unless the tree root system is completely contained within a barrier for which the minimum interior dimensions shall be five (5) feet square or an equivalent and five (5) feet deep, and for which the construction requirements shall be four (4) inch thick concrete reinforced with No. 6 road mesh (6x6×6) or an equivalent approved by the development department. Nuisance trees (Root system problems): Fichus Altissima - Lofty Fig; Fichus Aurea - Florida Strangler Fig; Fichus Benjamina - Benjamin Fig; Fichus Nitida - Indialaurel Fig; Fichus Elastica - Indiarubber Fig. Further, the following exotic (normative) tree species shall not be planted as pan of any proposed landscape plan. Deemed as "invader species" in South Florida and the reasons to prohibit them include: Shallow roots which make .them susceptible to wind damage (hurricanes); that' they grow in dense stands crowding out native vegetation; they create monoculture-(single tree species) that exclude most wildlife; they have poor quality wood of no commercial value; can cause serious health problems to allergic individuals, and they are prolific propagators that encroach into native vegetative areas. Those trees declared to be exotic and normative are: All of the Casuarina Species; Brazilian Pepper (Florida Holly); Schenius lerebinthifolius Melaleuca (Punk Tree); Melaleuca quinquenervia. 3. Shrubs and hedges. Shrubs and hedges shall be a minimum of eighteen (18) inches in height and two (2) feet on the center when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one year after time of planting. 4. Vines. Vines shall be a minimum of two (2) feet in height immediately after planting and 1997 S-5 l0 Boynton Beach Code may be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified and be a minimum of five (5) feet on the center. 5; Ground cover. Ground covers, either vegetative or nonliving, used in whole or part shall present a finished appearance and reasonably complete coverage within three (3) months after planting. However, when slow maturing ground covers are used, they shall be mulched. 6. Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in Boynton Beach. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod or other acceptable erosion control measures shall be used in swales or other areas subject to erosion. In areas where other than solid sod or grass seed in used between the months of October and March, nursegrass seed shall be sown for'immediate effect and protection until coverage is otherwise achieved. .D. Required landscaping adjacent to public rights-of-way. On the side of a building or open lot use providing an off-street parking area or other vehicular use area, where such area will not be ant!rely screened visually by an intervening building or'structure from any abutting right-of-way, excluding dedicated alleys to the rear of building, there shall be provided landscaping between such area and such right, of-way as follows: 1. A strip of land at least five (5) feet in width located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped, such landscaping is to include a minimum of one tree for each forty (40) lineal feet or fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking area or other vehicular use area and shall be planted in a planting area of at least twenty-five (25) square feet with a dimension of at least five (5) feet. In addition, a hedge, wall, or other durable landscape barrier of at least three (3) feet in height shall be placed along only the interior perimeter of such landscaped strip. If such durable barrier is of nonliving material, for each ten (10) feet thereof, one shrub or vine shall be planted abutting such barrier along the street side of such barrier. The remainder of the required landscaped areas shall be landscaped with grass ground cover or other landscape treatment. E. Perimeter landscaping relating to abutting properties. On the site of a building or structure or open lot use providing an off-street parking area or other vehicular use area, such area shall be provided with a landscaped barrier, preferably a hedge not less than four (4)' feet nor greater than six (6) feet in height to form a continuous screen between the off- street parking area or other vehicular use area and such abutting property. Such landscape barrier shall be located between the common lot line and the off- street parking area or other vehicular use area in a planting striP of not less than two and one-half (2 1/2) feet in width. The provisions of this subsection shall not be applicable in the following situations: alley. 1. When a property line abuts a dedicated 2. Where a proposed parking area or other vehicular use area abuts an existing hedge, said existing hedge may be used to satisfy the landscape requirements of this subsection provided that said existing hedge meets all applicable standards of this article. F. Accessways. The maximum width of an accessway (whether one- or two-way traffic) through the required perimeter landscape strip to an off-street parking or other vehicular use area shall be thirty-two (32) feet. The balance of such street frontage not involved with accessways shall be landscaped in accordance with the provisions of this section. G. Parking area interior landscaping. Off-street parking areas shall have at least twenty (20) square feet of interior landscaping for each parking space excluding those spaces abutting a perimeter for which landscaping is required by other sections hereof and excluding all parking spaces which are directly served by an aisle abutting and running parallel to such a perimeter. Each separate landscaped area shall contain a minimum of twenty-five (25) square feet and shall have a minimum dimension of at least five (5) feet and shall include at least one tree having a clear trunk of at least five (5) feet, with the remaining 1997 S-5 Buildings, Houaln~ ~nd Construction Regulations 13 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. 2. Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. 3. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 4. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. 5. 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. 6. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. 7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systema and discharges from the systems into flood watera. 8. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 9. Any alteration, repair, reconstruction or improvements to a structure which are in compliance with the provision of this article, shall meet the requirements of "new construction' as contained in this article. B. Standards for areas of special flood b~7=rd. In all areas of special flood hazard where base flood elevation data has been provided as set forth in Article VII the following provisions are required: 1. Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of article VII, Section 2. Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure Shall have the lowest floor, including basement, elevated to the level of the base flood elevation. Structures located in all A-zones may be floodproofed 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 Article VII, Section 2.C.3. 3. Elevated buildings. New construction or substantial improvements of 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 14 Boy,ton Beach Code with screens, louverr; valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. Co) Electrical, plumbing and other utility connections are prohibited below the base flood elevation; (c) 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 premises (standard exterior door) or entry to the living area (stairway or elevator); and (d) The interior-portion of such enclosed area shall not be partitioned or f'mished into separate rooms. 4. Floodways. The following provisions shall apply to floodways within areas of special flood hazard established hereinbefore: (a) 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. Co) If Paragraph B.4.a is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 3. (c) 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. 5. Coastal high h_~_--,'d area (V zones). Located within the areas of special flood b*vmrd established herein are areas designated as coastal high hazard areas. These areas have special flood b,v~rds associated with wave wash; therefore, the following provisions shall apply: (a) All buildings or structures shall be located landward of the reach of the mean high tide. (b) 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. (c) All buildings or .structures shall be securely anchored on pilings or columns. (d) 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 hundred- year mean recurrence interval (one { 1 } percent annual chance flood). (e) A Florida registered engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in paragraph B.5.b, c and d. (f) No fill shall be used as structural support. Non-compacted fiH 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 development department 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: (1) Particle composition of fill material does not have a tendency for excessive natural compaction; and Buildings, Homing and Construction R~gulations 15 (2) Volume and distribution of fill will not cause wave deflection to adjacent properties; and (3) Slope of fill will not cause wave nm-up or ramping. (g) There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. (h) Lattice work or decorative screening shall be allowed below the base flood elevation provided they are. not pan 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: (1) No solid walls shall be allowed; and (2) Material shallconsist of wood or mesh screening only. (i) If aesthetic lattice works or screening are utilized, such enclosed space shall not be used for human habitation. (j) Prior to construction, plans for any structure that will have lattice work or decorative screening must be submitted to the development department for review. (k) 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. (1) 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, az provided for in paragraph' B.6.h and i. C. Standards for areas of shallow flooding (AO zones). Located within the areas of special flood b~7~_,.d established in Section 1.F are areas designated as shallow flooding. These areas have special flood b~7~rds 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) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade. (2) All new construction and substantial improvements of non-residential structures shall: (a) Have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade, or (b) Be completely floodproofed 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 floodproofed. D. Standards for subdivision proposals. 1. All subdivision prOpOsals shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. 16 Boynton Beach Code 4. 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 ($) acres. E. Standards for 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. No encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to five (~) 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. New construction or substantial improvements of structures shall be elevated or floodproofed in accordance with elevations established in accordance with Section 2.B. 1 I. ARTICLE VIII. HOUSING Sec. 1. Generally. A. Terms. Words or phrases used in this article shall have the meaning they have in common usage and to give this article its most reasonable application. Extermination - the comwl and elimination of insects, rodents or other pests by eliminating their harborage places by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination method. Garbage - animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. Infestation - the presence of insects, rodents or other pests. Occupant- Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit. Parties in interest - all individuals, associations, parmerships, corporations and others who 'have interest in a dwelling or who are in possession or control thereof, as agent of the owner, as executor, executrix, administrator, adrnims' tratrix, trustee or guardian of the estate of the owner. Premises - a platted or unplatted lot or parcel of land either occupied or unoccupied by any structure. Public hall - any hall, corridor or passageway not within the exclusive control of One family. Rubbish - all combustible and noncombustible waste except garbage. guppliedfadlities - facilities paid for, furnished or provided by, or under the comrol of, the owner or operator. Temporary housing - any trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utility system for more than thirty ($0) days. Any trailer or other structure occupied for more than thirty (30) days shall meet all requirements of this article. Workmanlike state of maintenance and repair '-: in compliance with all codes and ordinances pertaining to construction of buildings and installation of utilities. B. Reserved. C. Purpose. The purpose of this article is to protect the public health, safety, morals and welfare of the people of the city by establishing minimum standards governing the conditions, occupancy and maintenance of dwellings, dwelling units and premises; establishing minimum standards governing utilities, supplied facilities and other physical components and conditions essential to make dwellings, dwelling units and premises safe, sanitary and fit for human habitation; f'uting certain responsibilities and duties of owners, operators, Building, Housin~ and Construction Ret~lations agents and occupants of dwellings, dwelling units and premises; and authorizing and establishing procedures for the inspection of dwelling units and premises and the condemnation and vacation of those dwellings, dwelling units and premises unfit for human habitation. D. Scope; applicability. Every portion of a building or premises used or intended to be used for any dwelling purpose, except temporary housing, shall comply with the provisions of this article, irrespective of when such building shall have been constructed, altered or repaired; and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of building, or for the installation or repair of equipment or facilities prior to September 15, 1965. This article establishes minimum standards but does not replace, repeal or modify standards otherwise established for construction, replacement or repair of buildings or structures except such as are contrary to the provisions of this article, in which event the higher standard required shall prevail. E. Conflict with other ordinances. Where a provision of this article is found to be in conflict with a provision of any zoning, building, electrical, plumbing, fire, safety or health ordinance or any code or other regulation of the city, the provision which establishes the highest standard shall prevail. F. Conflict of permits and licenses. All departments, officials and employees of the city who have the duty or the authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy of dwellings and dwelling units shall conform to the provisions of this article. No permit or license shall be issued if such would be in conflict with this article except as provided in article VIII, Section I.E. G. Unfit dwelling units. 1. Eligibility. Any dwelling or dwelling unit having the following defects, may be designated by the development department as unfit for human habitation: 17 (a) The structure lacks illumination, ventilation, sanitation, heat, inadequate or unsafe wiring or other facilities adequate to protect the health and safety of the occupants or the public. (b) The struCtUre is damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested in such manner as to create a serious hazard to the health and safety of the occupants or the public. (c) The structure, because of the location, general condition, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public. (d) The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this article, is unfit for human habitation. 2. Corrective action. The owner, agent or operator of any dwelling which has been designated as unfit for human habitation and vacated, shall make such dwelling safe and secure in whatever manner the development department shall deem necessary in order to meet the standards set forth herein. Any vacant building open at the doors and windows, if _unguarded, shall be deemed dangerous to human life and a nuisance within the meaning of this provision. H. Occupant responsibilities. The responsibilities of the occupants of all dwelling units are as follows: 1. To keep dwelling and premises he controls and occupies in a clean and sanitary condition. 2. To dispose of rubbish and garbage in a clean and sanitary manner as prescribed by city ordinances or regulations. 3. To hang and remove screens provided by the owner except where owner has agreed to supply such services. 4. To keep plumbing fixtures therein in a clean and sanitary condition and to exercise 18 Boynton Beach Code reasonable care in the proper use and operation thereof, 5. To exterminate in the following cases: (a) Occupant of a single dwelling is responsible for extermination of any insects, rodents or other pests therein or on premises. ' (b) Occupant of a dwelling unit in a multiple unit structure is responsible for extermination of any insects, rodents or other pests, if his unit is the only unit infested. (c) Notwithstanding the foregoing provisions of this section, whenever infestation is caused by the failure of the owner to maintain the dwelling in a ratproof or reasonably insect proof condition, the occupant is not responsible for extermination of any insects, rodents or other pests therein. I. Owner responsibilities. The responsibilities of the owners of all dwelling units are as follows: 1. To rent or lease no dwelling to anyone for occupancy unless it meets minimum standards set forth herein. 2. To have dwelling in clean, sanitary, habitable condition; to free from infestation before renting; to paint walls and ceilings; and to clean, repair and exterminate if needed to meet aforesaid requirements before offering for rent. 3. To provide screens to be hung. 4. To exterminate in the following cases: (a) When infestation exists in two (2) or more units or multiple unit structures. Co) When infestation exists in shared or public areas of multiple unit structure. (c) When infestation exists in single unit of multiple unit structure or in single unit structure when infestation is due to failure of the owner to maintain the dwelling in a ratproof and reasonably insect proof condition. Sec, 2. Minimum St~dards, A. General condition of structures. 1. Ail dwelling structures shall be - watertight, weatherproof, rodent and insect proof and in good repair. 2. Every foundation, exterior wall and roof shall be reasonably watertight, weathenight and rodent proof, shall adequately support the building at all times and shall be in a workmanlike state of maintenance and repair. 3. Every interior pa~ition, wall, floor and ceiling shall be reasonably tight; capable of affording privacy; maintained in a workmanlike state of repair; and in a clean and sanitary condition. 4. Every roof shall be so drained and every lot shall be graded and drained so as to prevent dampness in the walls, ceiling, floors or basement of every dwelling. 5. Every window, exterior door and basement hatchway shall be reasonably weathenight, watertight and rodent proof; and shall be maintained in a sound condition and repair. 6. Every inside and outside stairway, every porch and every appurtenance thereto shall be safe to use; capable of supporting the load that normal' use may cause; and maintained in sound condition and repair. 7. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in a sanitary working COndition, free from defect, leaks and obs~ruaion. 8. Every toilet, bathroom and kitchen floor shall be constructed and maintained so as to be reasonably impervious to water and shall be kept in a clean and sanitary condition. 9. Every facility, piece of equipment and/or utility shall be constructed and installed so that it will function safely and effectively, and shall be maintained in good working condition. Buildings, Homing and Construction Regulations 19 B. Lighting. 1. Electric outlets. Every habitable room shall have adequate electric outlets and/or fixtures properly connected to an adequate source of electric power. .- 2. Light fixtures. Every bathroom, shower room, toilet room, laundry room, furnace room and public hall located in a structure used for human habitation shall have permanent electric fixtures, installed in accordance with the requirements of the electrical code of the city. appwved by the PaLm Beach County Health Department. 2. Plumbing fixtures. In every habitable dwelling unit ail plumbing fixtures shall be properly installed; properly connected in accordance with the city plumbing code to the water supply and sewer system; properly maintained; and in good working order. 3. Supplied facilities. Every habitable dwelling unit shall contain a sink, tub or shower, lavatory and toilet. 3. Natural light in habitable rooms. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area for every habitable room shall not be less than ten percent 00%) of the floor area of such room. If the only window is the skylight type, the minimum total window area shall not be less than fifteen percent 05%) of the total floor area of such room except where other means of artificial lighting are approved. 4. Light in non-habitable space. Every public stair, hall, cellar and basement, located in a structure used for human habitation, shall have either adequate natural or artificial lighting available at all times. The natural or artificial lighting available shall not be less than three (3) foot candles measured in the darkest portions of normally traveled passageways and stairs at the floor. C. Ventilation. Every bathroom, shower room or toilet room shall be adequately ventilated either by openable windows, the total of which shall not be less than one and one-half (I-1/2) square feet facing open space or by other methods giving equivalent ventilation. D. Weatherproofing, heating. Every habitable dwelling unit shall be weatherproof and in a condition to be adequately heated. E. Basic equipment and facilities. 1. Potable water supply. Every habitable dwelling unit shall be supplied with potable water F.. Space requirements. 1. Sleeping rooms. Every sleeping room for one occupant shall have seventy (70) square feet of floor space or fifty (50) square feet of floor space per occupant, whichever is greater. 2. Size of dwelling unit. The total of all habitable rooms in a dwelling unit shall be such as to provide at lease one hundred and fifty (150) square feet of floor space for the first occupant and one hundred (100) square feet of floor space per additional occupant, except every dwelling unit shall contain a greater area if required by the city builcLing or zoning code. 3. Minimum height of habitable rooms. Every habitable room shall be not less than seven (7) feet in height from the floor to the ceiling throughout one-half of the area of such room. Any portion of room having a ceiling height of less than five (5) feet shall not be considered in computing the total floor area for such room. ' G. Egress. Every habitable dwelling unit shall be provided with safe and unobstructed exits to reduce danger in case of emergency. H. Infestation. I. Every door, window or other device opening directly from a dwelling unit to outdoor space shall be equipped with screens. 2. Every basemem or cellar window or other opening to a basement shall be permanently 20 Boston Belch COd~ equipped with screens or Such other device as will effectively prevent the entrance of rodent~, 3. There shall be no standing pools of water which might provide a breeding place for mosquitoes. 4. Dwellings should be free from rodents and other vermin at all times. so as to optimize the role of community-based organizations in the production of affordable housing; $. To promote innovative design of eligible housing, and its supporting infrastructure, to provide for cost savings in the provision of such housing; and 6. To promote expedited permit processing systems for affordable housing.. Sec. 3. Local Housing Assistance Program. A. The "WHEREAS" clauses of Ordinance No. 097-11 are hereby ratified and confirmed as being true and correct and are hereby made a special part of this section. B. Definitions. For the purposes of this section, the definitions contained in the State Housing Initiatives Partnership Act hereinafter "the Act," Sections 420.907 et seq., Florida Statutes, and Chapter 91-37 of the Florida Administrative Code, as amended from time to time, are adopted herein by reference. C. Legislative intent. The purpose of this chapter is to implement the Act; including, without the limitation, thc following: 1. To increase the availability of affordable housing by combining local resources and cost saving measures, as applicable, and by using private and public resources to reduce the cost of housing; 2. To promote more compact urban development, and to assist in aching the growth management goals contained in the adopted local comprehensive plan by allowing more efficient use of land so as to provide housing units that are more affordable; 3. To establish a strong sense of community through increased social and economic integration; 4. To build the organizational and technical capacity ofcommunity-based organizations D. Establishment of Local Housing Assts~nce Program. 1. There is hereby created and established a local housing assistance program ("Program") by the City of Boynton Beach, to be implemented 'and administered by the City. 2. The City shall implement the Program, within the City, consistently with the requirements of the Act. 3. The City's Community Redevelopment Department shall be responsible for administration of the local assistance program. E. Special provisions. The City hereby indicates that five (5%) percent of the funding to be used for administration of the program ts insufficient, and therefore elects to utilize ten (10%) percent of the funding for administration purposes. . F. Establishment of Affordable Housing Assistance Trust Fund. 1. Purs~ to the requirements of the Act, the City agrees to establish an affordable housing trust fund ('Fund") within the official and fiscal accounting records of the City. All monies deposited in the fund shall 'be subject to the requirements of the Act and this section. 2. The City shall caus~ the Fund to be audited, and shall report the results of such audit as required by the Act. G. Creation of Citizens Advisory Committee. This section shall cause the creation of a Citizens Advisory Committee to act in the role of the 1997 S-6 Buildings, Homtna md Constn~on Regnlattom 21 Affordable Housing Advisory Committee, as required by the Act. The composition and function of the Committee shall be in accordance with the requirements of the Act. H. Adoption of the Affordable Housing Incentive Plan. The City will, within one (1) year of adoption of Ordinance No. 97-11, adopt a Housing Incentive Plan as required by Florida Statutes. (Ord. No. 97-11, §§ 1-8, 5-6-97; Ord. No. 97-21, § 1, 6-17-97) ARTICLE IX. SWIMMING POOLS AND SPAS The swimming pool and spa code establishing basic criteria for the design and construction of swimming pools and spas within the city was adopted and established as the swimming pool and spa regulations of the city. on September 4, 1996, and is on file as Ordinance No. 96-39 in the office of the city clerk and the office' of the director of development. (Ord. No. 96-39, § l, 9-4-96; Ord. No. 96-60, § 3, 1-21-97) Preservation of such buildings will be required unless it can be established by the applicant that preservation significantly interferes with the reasonable use of the property. (Ord. No. 96-60, § 4, 1-21-97) Sec. 2. Waiver of teehnlcal requi_rements. The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as Historic Buildings when such buildings or structures are judged by the director of development to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts. (Ord. No. 96-60, § 2, 1-21-97) S~. 3. Design conformance. ARTICLE X. RESERVED ARTICLE XI. RF~ERVED Additions and/or modifications to historical buildings shall conform to the architectural style of the original building. (Ord. No. 96-60, § 2, 1-21-97) ARTICLE XII. RESER~ ARTICLE XIII. HISTORIC PRESERVATION It is the intent of the city to encourage the preservation of historically significant buildings within its corporate limits. All historic buildings other than single family and duplex dwellings shall be reviewed for historical significance in all development and construction proposals presented to the city. 1997 S-6 Boynton Beach Code Chapter 21 SIGNS Art. I. In General Art. II. Variances/Exemptions and Prohibitions Art. ITl. Special Conditions Art. IV. Signs Allowed ARTICLE I. IN GENERAL Sec. 1. Short rifle. This chapter shall hereafter be known and cited as "The Boynton Beach Sign Ordinance." Sec. 2, Purpose. The purpose of this article is to create the framework for a comprehensive and balanced system of sign control. It recognizes the need for a well maintained and attractive appearance in a community and the need for adequate business identification, advertising and communication. It is the intent of this chapter to promote the health, safety, convenience, aesthetics and general welfare by controlling signs which are intended to communicate to the public and to authorize the use of signs which are: A. Compatible with their surroundings. B. Designed, constructed, imtalled and maintained in such a manner that they do not endanger public safety nor contribute to vehicular visual distraction. C. Efficient in transfer of information. Sec. 3. Penalties; enforcement. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not exceeding five hundred ($500) dollars. Each day such Violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Enforcement of this chapter may also be secured through the Code Enforcement hearing process under Chapter 2, Article V of the Boynton Beach Code of Ordinances. Except as provided in Article H, Section 2 it shall be unlawful for any person to erect, repair,. alter, or relocate within the city any sign or other advertising structure as defined in this chapter, without first obtaining a permit from the Boynton Beach Development Department and making payment of the fee required. All illuminated signs shall, in addition, be subject to the provisions of the National Electrical Code. Signs or sign structures previously erected without a valid permit shall be in violation of this chapter and shall be deemed illegal signs. It shall be mandatory to obtain a permit for an illegal sign, or to immediately remove such sign or sign structure upon notice that the sign or sign 'structure is illegal. The notice shall contain a time period for removal. See. $. Application. Application for permits shall be made upon blanks provided by the development department and shall contain or have attached thereto the following information: A. Name, address and telephone number of the applicant; B. Location of building, structure or lot to which, or upon which, the sign or other advertising structure is to be attached or erected; C. Position of the sign or other advertising 2 Boynton Beach Code structure in relation to nearby building, structures and property lines; D. Two (2) copies of the plans and specifications and method of construction and attachment to the building or in the ground. Plans must include all proposed sign colors. structure is in compliance with all the requirements of this chapter and all other laws and ordinances of the city, the department shall issue a sign permit. All permits are subject to the requirements contained in the latest adopted Countywide Administrative section of the Standard Building Code. E. Documents showing that the structure is designed for dead load and wind load in any direction in an amount consistent with the requirements contained in the Standard Building Code and as required by this and all other laws and ordinances of the city. The seal of a Florida registered engineer or architect shall be affixed to dralvings of signs or sign structures which have an area exceeding thirty-two (32) square feet and/or exceeding ten (10) feet in height, certifying that such signs are designed to meet the required loading. In cases when required by the director of development, signs shall show calculations for wind loading. F. Name of person, firm, corporation or association erecting the sign structure; G. Written consent of the owner of the building, structure or land to which or on which the structure is to be erected; Sec. 7. Permit fee. Every applicant, before being granted a permit hereunder, shall pay a fee to the development department prior to permit review or issuance. Any sign erected or in the process of being erected without a permit is subject to a total permit fee of four (4) times the normal permit fee. S~c. 8. .~nnual inspection. The city may inspect at any time each sign or other advertising structure regulated by this chapter for the purpose of ascertaining whether the same is unsafe, in need of repair or maintenance, not in conformance with the permit application or otherwise in violation of the provisions of this chapter. H. The type of sign or sign structure as defined by this chapter; I. The estimated value of the sign and/or sign structure; $. All electrical details required to determine code compliance for the sign; and Sec. 9. Revocation of permit. The development depa~hhent is authorized and empowered to revoke any permit issued if there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application and specified in the latest adopted Counvywide Administrative Section of the Standard Building Code. K. All such other information as the development depa~huent shall require to demonstrate compliance with this and all other laws and ordinances of the city. Sec. 6, Permit iss~qce. The development department shall examine plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if it appears that the Sec. 10. Unsafe and unlawful signs. If it is determined that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this ordinance, he shall give written notice to the owner thereof. If the owner fails to remove or alter the structure so as to comply with the standards herein set forth within the time prescribed in the notice, such sign or other Signs 3 advertising structUre may be removed or altered to comply by the city at the expense of the permittee or owner of the property upon which it is located. The development department shall not issue a permit to any permittee or owner who refuses to pay costs so assessed. The director of development may cause any sign or other advertising structure which presents. an immediate peril to persons .or property to be removed without notice. Sec. 11. Permit number posting. Every sign or other advertising structure hereafter erected shall have placed in a conspicuous place thereon, the permit number of the sign. Sec. 12. Maintenance. The owner of any sign as defined and regulated by this chapter shall be required to properly maintain said sign. For a sign to be properly maintained, the sign, together with its framework, braces, angles or other supports shall be in a safe condition, properly secured, supported and braced and shall be able to. withstand weather conditions and loads as required by the regulatory codes in effect within the municipal limits. Maintenance shall include painting and parts replacement. Sec. 13. Licensing, competency of contractors. A person shall not engage in the business of erecting, painting, wiring or maintaining signs within the city without first having procured an occupational license' for such business from both the city and the county. The following qualifications shall govern the categories of sign work: A. Sign contractor, electrical. Those who are qualified and licensed to install, repair, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and who are also qualified to erect signs. Such contractor may connect to any existing sign circuit and may contract and secure permits for the erection of electrical signs or sign structures. B. Sign contractor, non-electrical. Those who are qualified and licensed to install, repair, add to, paint or change non-electrical signs, according to the Standard Building Code and who may secure permits for the erection of electrical signs or sign structUres (but must sublet the electrical work unless an electrical contractor is associated with the firm). C. Owners, lessees. Notwithstanding either of the above classifications, nothing herein contained in this section shall be construed to prevent an owner or lessee of property from constructing and erecting a non-illuminating sign or sign structure, not exceeding thirty-two (32) square feet in area and/or six (6) feet in height, on said property. Such work shall be erected in a professional manner and shall comply with all other sections of this chapter. Sec. 14. Wind pressure and dead load requirements. All signs and other advertising structures shall be designed and constructed to withstand wind and dead loads as required by the Standard Building Code or other ordinances of the city. Sec. 1S. Removal of abandoned signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having-the beneficial use of the building or structUre upon which such sign may be found, within ten (10) days after the business use ceases. ARTICLE II. VARIANCES/E~ONS AND PROHIBITIONS After denial of a sign permit by the development department, a request for variance may be filed with the board of zoning appeals. The board of zoning appeals may grant a variance if it finds that the unusual shape or topography of the property in 1997 S-5 4 Boynton Beach Code question prevents signage 'allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property. The board of zoning appeals may only grant a variance to: A. Allow a setback less than that required-- under the chapter; B. Allow the area and/or height of a sign to be increased by up to twenty-five (25) percent of the maximum allowable height or area; or C. Allow the number of signs to be increased over the maximum allowed by this code. No variances may be granted to signs expressly prohibited by this chapter. (Ord. No. 96-61, § 1, 1-21-97) Sec. 2. Exemptions. The permit requirements of this chapter shall not apply to the following signs, provided however, that said signs shall be subject to other provisions of this code: A. Real estate signs not exceeding five (5) square feet in area which advertise the sale, rental or lease of the premises upon which such signs are located. These signs must be set back ten (10) feet from the property line~ meet the structural requirements and must not exceed four (4) feet in height. Only one (1) such sign is allowed per street frontage. B. A single residential yard sign, not exceeding three (3) square feet in area (Beware of Dog, Watch your Step, Name and Address, etc.). C. Window/door signs using less than twenty (20) percent of the total glass area facing in any one direction. This area is not included in the total sign area allowed under this chapter. These signs are not permitted in residential zoning districts. D. Political signs. These signs must comply with Article III, Section '6.D of this Chapter. E. Flags. F. Bulletin boards not over eight (8) square feet in area for public, charitable or religious h'astitutions when the same are located on the premises of such institutions, G. Occupational signs denoting only the name and profession of an occupant in a commercial building, public institutional building or dwelling house and not exceeding two (2) square feet in area. H. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials. I. Traffic or other governmental signs, legal notices, railroad crossing signs, danger signs and such 'temporary, emergency or non-advertising signs as may be approved by the city. $. Signs indicating the address and/or name of the residential occupants of the premises, not exceeding two (2) square feet in area. K. Vehicular signs. L. Bus shelter signs. Sec. 3. Prohibitions. The following signs and related equipment are prohibited in all districts: A. Any sign and/or sign structure which does not meet all the criteria set forth in this chapter. B.- Animated/fluttering signs C. Balloons D. Banners (not including special civic event, recreational, expositional or temporary business identification signs) E. Bus bench signs F. Festoons 1997 S-5 Signs O. Flashing signs H. Roof signs I. Rotating signs $. Signs that swing K. Sidewalk signs (sandwich/"A" frame) I. Portable signs M. Signs that obstruct free ingress to or egress from a door, window, rite escape or other required exit ot entrance. N. Signs which use the words DANGER, STOP or LOOK or any other words, phrases, graphics or characters in a manner as to interfere with, confuse or mislead traffic. O. Snipe signs or signs attached to or painted on fire escapes, television antennas, satellite dishes, utility poles or any other associated structure. P. Signs which emit odors, sounds, smoke, vapor or other visible matter. Q. signs or sign structures supported by visible guy wires, cables or where there is visible electrical conduit. R. Unauthorized signs on property owned by or under control of the City of Boynton Beach. S. Banners over any street, sidewalk, within a city park or playground without a permit being issued. T. Off premises signs, except those permitted under Article IH, Section 6 or Chapter 22, Article H, Section 7, Paragraph O. U. Electrical signs of a commercial nature in residential zoning districts, except that in a development where'models are being demomtrated, an illuminated sign, meeting the other requirements of this chapter, may be used provided no illumination is shown between the hours of 9:00 p.m. and 7:00 a.m. the following day. V. Commercial advertising matter, including but not limited to, circulars, throwaways, handbills; provided however, this prohibition shall not be construed to prevent the use, distribution or dissemination of such matter on a regular weekly, bi- weekly ot monthly basis by a person or business duly licensed ot registered with the city. This prohibition shall not be construed to include business cards. W. Billboards. X. Non-geometric signs shaped to depict figures or demonstrative shapes used to attract attention to the business activity with which the sign is associated. Y. Painted Wall Signs. (Ord. No. 96-61, § 2, 1-21-97; Am. Ord. 98-01, § 3, 1-20-98) ARTICLE IH, SPECIAL CONDITIONS Sec. 1. Traffic bn~ls. No sign or other advertising structure regulated by this chapter shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. Sec. 2. Obscene matter/mi,leaalng advertising. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter. It shall be unlawful for a person to display false or misleading statements upon signs, calculated to mislead the public as to anything sold, any services to be performed or information disseminated. The fact that any sign or display shall contain words or language sufficient to mislead a reasonable and prudent person in reading same, shall be prima facie evidence of a violation of this section by the person displaying the sign or permitting same to be displayed. 1998 5-8 6 Boynton Beach Code Sec. 3. Aesthetics. The aesthetic quality of a building or an entire neighborhood is materially affected by achieving visual harmony of the signs on or about a structure as it relates to the architecture of the building or the adjacent surroundings. In addition to the mechanical limitations on signs imposed by this section, there are certain aesthetic considerations which must be met and are therefore subject to review by the Planning and Development Board When required. A, The scale of the sign must be consistent with the scale of the building on which it is to be placed or painted and the neighborhood in which it is located. However, in no case shall it exceed the size provided for in other sections of this chapter. When an accessway intersects a public right-of- way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all signage within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and six (6) feet. The triangular areas above referred to are: A. The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being ten (10) feet in length (or more when determined to be necessary by the development department), from the point of intersection and the third side being a line connecting the end of the other two (2) sides, B. The overall effect of the configuration or coloring of the sign shall be consistent with the Community Design Guidelines. The configuration and colors shall be complementary with other signs already on the building and on adjacent properties. All freestanding signs shah be landscaped in an attractive manner, appropriate to the specific location, with a minimum dimension of the landscaped area not less than two (2) feet. Landscaping shall be protected from vehicular encroachment. B. The area of property located at a comer formed by the intersection of two (2) or more public or private rights-of-way, with two (2) sides of the triangular area being thirty-five (35) feet in length along the abutting public right-of-way lines, measured from their point of intersection and the third side being a line connecting the ends of the other two (2) lines. Sec. 6. Special signs. Sec. 4. Interpretation. Where a question arises regarding the interpretation of this chapter, the most restrictive interpretation shall prevail. Interpretations of this chapter shall be made by the director of development or designee. See. 5. Setbacks. Ail signs must meet a minimum ten (10) foot setback measured from the property line to the closest surface of the sign. Where a building is closer than ten (10) feet from a property line, a freestanding sign can have its leading edge one half way between the property line and the building. Wall signs can be on the building surface. A. Temporary project development signs. Large areas under development shall be permitted two (2) signs not to exceed a combined aggregate area of two hundred f'n~y (2:50) square feet. Said signs shall be located in accordance with the requirements contained in this chapter relating to the specific zoned area. Permits for said signs shall be limited to the time the development is completed, terminated or abandoned, The permits for such signs will not be issued prior to the date upon which an application for a permit for the related building construction or site development is filed. These signs must be removed within sixty (60) days after the permit is issued, if construction bas not commenced, or if such construction is substantially abandoned for ninety (90) days, as evidenced by a lack of inspections and/or other pertinent conditions. Signs must be removed when the final building inspection is called for. B. Temporary construction signs. One (1) non- illuminated sign may be permitted to be erected on Signs the premises or attached to a tool house on the premises subject to the followini conditions: travelin~ public. The signs shall be removed within five (5) days of the completion of the event. 1. Such sign shall not exceed thirty-two (32) square feet in area. 2. Such sign shall not be erected prior 'to the issuance of a building permit and must be removed when the building or project is completed; provided, however, if such sign is erected as per- mined hereunder and construction is not commenced within one hundred eighty (180) days after permit is issued, or if such construction is substantially abandoned for one hundred eight (180) days as evidenced by a lack of successful inspections and/or other pertinent conditions, such sign shall be immediately removed by the owner or lessee of the premises. 3. Such sign shall be located on the premises being developed in accordance with the requirements of this Code relating to the specific C. Directional. signs. (1) General directional signs limited to six (6) per civic organization, church, recreational facility and limited to one hundred fot~y-four (144) square inches per sign and located at street intersec- tions or other locations for the convenience of the traveling public, may be permitted in city right-of- way when approved by the director of development. The owner shall have the signs made at the owner's expense, but according to the specifications of the city. Said signs shall be placed by tim responsible governmental body at the expense of the owner and when the sign is in the public right-of-way, it shall be placed on opposite comers from street signs. A limit of six (6) signs on one (1) pole may be permitted at each street intersection. 2. Special civic event, recreational-or expositional signs of a temporary nature, not to exceed seventy-five (75) square feet in area, which are of general benefit to the community and which are individually approved by the director of develop- ment, may be permitted. Such signs shall be located at specified 'points for the convenience of the 3. Street signs. A subdivision name sign may be placed on a city street post by city personnel, provided it is requested through the Public Work~ Dep~,tment and paid for by the party requesting said sign. This sign shall be identical to the street sign as to color, size and shape. 4. Temporary directional signs may be erected to guide traffic to building models at inter- sections in the city rights-of-way. Such signs shall not exc_,~,t__ three (3) square feet in area, nor be more than three (3) feet in height above the grade of the right-of-way. Said signs shall be approved by the development depa~ttuent. Not more than six (6) such signs will be allowed for any one (1) development. These signs shall be placed at the development depart- ment's discretion and in all cases shall be placed as close as possible to the development from the main thoroughfare. 5. A reSidential subdivision, residential development or neighborhood association of twenty- five (25) units or more, may be allowed one (1) identification sign at each major intersection which serves the residential subdivision, residential develop- ment or neighborhood association, not to exceed two such locations. Each sign may have no more than two (2) faces not exceeding sixteen (16) square feet each face, and may be located in the public right-of- way when traffic visibility is unobstructed and the location is approved by the director of development. Upon approval, the city and the representatives of the residential subdivision or residential development or neighborhood association shall enter into a license agreement, setting forth the terms and conditions upon which approval to place the sign on the public right-of-way is granted. Approval does not preclude the necessity to secure approvals from other govern- D. Temporary political signs may be posted on private property within the city during the sixty (60) day period precedin~ any local, state, or national election, with the consent of the property owner. Candidates or parties desiring to post such signs shall file with the city Clerk a notice of intention, to post 1998 S-7 8 Boynton Beach same prior to the posting of any such sign and shall agree to remove any such signs so posted within ten (10) days after the date of the election. No fee shall be required in connection with the posting of tempo- rary political signs. Political circulars and handbills may be distributed within the city during the above sixty (60) day period. All political simms must comply with the structural and setback requirements of this Code. E. Bus shelter signs. Signs on city transit stop shelters may be permitted when authorized by written agreement approved by action of the City Commis- sion pursuant to the provisions of Section 33'/.40?(2), F.S. When so authorized, the following standards shall apply: 1. Signs on city transit stop shelters and associated structures and equipment, including but not limited m benches, bicycle racks, and trash recap= tacles, shall be permitted only at city transit stops designated by the city, or other areas approved by the City. Plac,..uent of bus shelters shall be subject to city review so that no shelter shall be permitted to obstruct a public sidewalk' or create a hazard or to otherwise be detrimental to the public safety. A permit for each bus shelter, shall be required, but no permit fee shall be charged. 2. Bus shelters and associated structures or equipment shall be designed to meet city building code requirements, if any. 3. Any bus shelter or associated structure or equipment located on a sidewalk within a public fight-of-way, shall bo so located so as to leave at least thirty-six (36) inches clearance for pedestrians and persons in wheelchairs. Such clearance shall be measured in a direction perpendicular to the centerline of the road. In addition, shelters and pads shall comply with the Americans with Disabilities Act Implementation Manual, Accessibility Guidelines for Transportation Facilities; Part IV of the Federal Register, Transportation for Individuals with Dis- abilities; Florida Statutes, Section 33?; the Florida Administrative Code Rule Chapter 14-20 and any city standards or guidelines for placement and design. 4. Not more than one bus shelter or associated structure or equipment displaying signage or intended for the display of signage shall be permitted at a city transit stop. 5. Display space on bus shelters shall be limited in location and size to the side or rear wind screen panels. If any bus shelter or associated structure or equipment signage is deemed objection- able in the judgment of the city, it shall be. removed by the sponsoring org~i,~tion. 6. Should any bus shelter, associated structure or equipment or sign on an associated structure or equipment, or bus shelter sign fail to conform to the above standards; or should a resi- dential property owner object to the presence of a bus shelter abutting his property, then the city may order the sponsoring organization to remove such bus shelter and, that failing, may remove same at the expense of the sponsoring organization. F. Temporary banners may be posted on private commercial or industrially zoned property within the city for one period of time not to exceed two weeks within a one year period. No temporary banner sign may be displayed without written approval in advance by the director of development or his/her designee. Temporary banner signs shall be limited to announcing the opening or closing of a commercial or industrial business and shall not be used to announce any sale or special business event. Temporary banners may not exceed an area of twenty (20) square feet each, may not bo Placed in setbacks, and may not create any obstruction to motOrist visibility. Applicant shall agree to remove banners within twelve hours upon posting of a tropical storm or hurricane watch. This subsection shall not be applicable to the City of Boynton Beach, nor shall it prevent the City fi.om using banner signs to announce municipal activities, events or programs. (Ord. No. 96-61, § 3, 1-21-97; Ord. No. 97-42, § l, S-19-97) 1998 S=7 Sec. 7. Nonconforn~ing signs. A sign or advertising structure in an area annexed into the city after the adoption of Ordinance No. 91-1 ($anuary 1:5, 1991) shall be brought ir~o compliance with all provisions of the Sign Code within six (6) monr~s following the daue of annexa- tion. No amortization period provided herein shall apply to signs within such annexation areas. A billboard sign in an area of palm Beach County which is annexed into the City of Boynton Beach iffier the date of adoption of Ordinance No. 94-18 (June 21, 1994) shall be brought inlo compli- ance with all provisions of the Sign code within five (:5) years following the dat~ of annexation, provided thai any billboard on undeveloped land shall be brought 1998 S-7 8B Boymon Beach Code 1998 S-7 Signs into compliance as a condition precedent to the issuance of any development order sought prior to the five-year amortization period. An existing billboard sign which was annexed into the City of Boynton Beach after January 155, 1991 shall be brought into compliance within five (55) years from the date of adoption of Ordinance No. 94-18 ($une 21, 1994). The provisions of this section which define and delineate a nonconforming sign shall apply to all billboards annexed into the city. Any existing sign which does not conform to the requirements of this chapter, shall hereafter be deemed nonconforming. All signs must be maintained to original standards and conditions and upon modification must comply with all sections of this chapter. Relettering or change of copy, provided there is no alteration or repair made .to the sign structure, shall not constitute a modification. Nonconforming signs shall be removed, changed or altered to conform to the provisions of this chapter by December 31, 1999. A sign shall not be deemed nonconforming if any one of the following conditions apply: A. The sign is a freestanding sign which does not exceed 24 feet in height but is otherwise in conformance with all provisions of this chapter; or B. The sign is a wall sign or freestanding sign which does not exceed the sign limitations set forth in this Sign Code by more than 20 percent and is otherwise in conformance with all provisions of this chapter; or repairs shall be made so that such sign shall meet all the requirements of this chapter. (Ord. No. 96-61, § 4, 1-21-97) Sec. 8. Overhead clearance. A sign projecting over areas where vehicular traffic may be required to pass shall be erected to maintain a minimum clearance of sixteen (16) feet for the free passage of such vehicles. ARTICLE IV. SIGNS ALLOWED Sec. 1. Signs allowed in residential zonino_ districts. The following signs are allowed and regulated in residential zoning districts: A. One (1) plaque not exceeding two (2) square feet in area. B. On plots containing penuitted nonresidential structures or uses, a flat or freestanding sign, not exceeding thirty-two (32) square feet in area will be permitted for the limited purpose of advertising only the main use of the premises. A flat wall sign on a building must not be higher than ten (10) feet, and a freestanding sign must not be higher than six (6) feet. Signs on entry walls may not extend above the top of the wall. C. Temporary real estate signs C. The sign is a freestanding sign which does not meet the setback requirements of this chapter, but does not otherwise violate the setback requirements set forth in Article lIl, Section :5 or any other provisions of this chapter. If any nonconforming sign is damaged by any cause or is otherwise in need of repair, to such an extent that the cost of repairing the sign equals fifty (50) per cent or more of the original cost of the sign, then its classification as a 'nonconforming" sign under this section shall be automatically revoked and 1. Single Family: One (1) real estate sign not exceeding five (55) square feet in area and no taller than four (4) feet is allowed per street frontage. 2. Multi-family or commercial: One (1) real estate sign not exceeding thirty-two (32) square feet in area and no taller than six (6) feet is allowed per street frontage. D. A condominium, residentialdevelopment, or incorporated residential neighborhood association may erect single faced name signs on each side of all 1997 S-5 10 Boynton Beach Code entrances on site walls or one (1) freestanding monument sign for each entrance. These signs are not to exceed thirty-two (32) square feet in area, nor be more than six (6) feet in height. E. Directional signs for multi-family or permitted nonresidential structures, not exceeding four (4) square feet in area nor five (5) feet in heightmay be allowed at points of ingress and egress. (Ord. No. 96-61, § $, 1-21-97) feet. Such signs will allow for instructions on use of pick-up window service and list the menu and price of items to be served, with the top of the sign not to exceed five (5) feet above ground level at the base of the sign. E. Non-illuminated identification signs shall be permitted on the rear door of all business establishments provided such signs are limited to three (3) square feet in area. Signs allowed in commercial nonresidential districts not otherwise excluded, - - F. Directional. signs, not exceeding four (4) square feet in area, nor five (5) feet in height with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. The following signs are permitted and regulated in all commercial nonresidential districts not specifically set forth elsewhere in this chapter: A. One (1) real estate sign advertising "For Sale/Rent/Lease", may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such sign is permitted for each street frontage. G. Temporary business identification signs shall be permitted instead of other wall signs permitted in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued, pending the approval of a sign application, if at the time of the Certificate of Occupancy an application for a sign permit~ has been submitted to the development department. B. One (1) double faced freestanding sign advertising the use of the premises. The maximum area for this sign shall be one (1) square foot of area for each linear foot of street frontage; no 'such sign shall exceed sixty-four (64) square feet in area. No sign shall be taller than twenty (20) feet. Sec. 3. Signs allowed in shopping centers and public use districts. The following signs are permitted and regulated for shopping centers: C. One (1) or more fixed projecting or flat wall sign(s) which advertises the use of the premises, provided that for the projecting sign, the sign and its supports shall not extend more than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the building or beyond the building comers. The maximum area for this signage shall be one and one half (1-1/2) square feet of area for each one (1) foot of linear building frontage. D. In addition to the other signs in this section, one (I) on-premises sign, described as follows, shall be permitted in those commercial districts of the city where drive through restaurants are permitted. Said sign shall be an exterior single-face menu sign with illustrated face not to exceed twenty-five (25) square A. One (1) real estate sign advertising "For Sale/Rent/Lease", may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such sign is permitted for each street frontage. B. One (1) freestanding sign advertising the use of the premises. The maximum area for this sign shall be one (1) square foot of sign area for each linear foot of street frontage of the lot provided such sign does not exceed one hundred sixty (160) square feet in area or a maximum height of twenty (20) feet. Lots which front on more than one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, not to exceed one hundred sixty (160)square feet in area with a 1997 S-5 Il maximum height of twenty (20) feet, to be located on the additional wadway. C. One (1) or more fiat wall sign(s) which advertises the use of the premises. The maximum area for this signage shall be one and one half (l-l/2) square feet of area for each one (I) foot of linear building frontage. D. Where a covered walkway is present, each store shall be permitted one (1) under canopy sign not to exceed three (3) square feet in area. This sign shall be placed in front of each occupancy perpendicular to the building face under the covered walkway and shall not be le~s than ninety (90) inches from the walkway, with a rigid mounting. E. A directory sign, not exceeding eighteen (18) square feet in area, is permitted. This directory sign can not exceed a height of six (6) feet and must be placed within the building setback area. F. Non-illuminated identification signs shall be permitted on the rear door. of any business establishment, provided they are limited to three (3)' square feet in area. G. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height with a limit of four (4) signs per lot, .located at points of parking lot ingress and egress. other center section stores with exterior customer entrances. These signs must not exceed ten (10) percent of the exterior wall face upon which they are attached. Each entrance from the public right-of-way into the mall will be allowed a three-sided freestanding sign not to exceed thirty-two (32) square feet in area per sign face. A freestanding sign, in compliance with Article IV, Section 3.B will be permitted in lieu of the above referenced entrance signs. B. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. C. A directory sign, not exceeding eighteen (18) square feet in area, is permitted. This directory sign can not exceed a height of six (6) feet and must be placed within the building setback area. D. Non-illuminated identification signs shall be permitted on the rear door of business establishments, provided they are limited to three (3) square feet in area. E. One (I) real estate sign advertising ``For Sale~Rem~Lease", may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such sign is permitted for each street frontage. H. Temporary business identification signs shall be permitted instead of other wall signs allowed in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued pending the approval of a sign application if at the time of the Certificate of Occupancy, an application for a sign permit has been submitted to the development department. Sec. 4. Signs allowed in malls, The following signs are permitted and regulated in malls: A. Exterior building wall signs, one per exterior wall face of each major department store and See, 5. Signs allowed in industrial zonin~ districts. The following signs are permitted and regulated in industrial zoning districts: A. One (1) real estate sign advertising "For Sale/Rent/Lease', may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such sign is permitted for each street frontage. B. One (1) freestanding sign, not exceeding sixty-four (64) square feet in area, advertising the use of the premises. This sign shall be predicated on the basis of one half(l/2) square foot of sign area for 1997 S-5 12 Boy,ton Beach Code each one (1) linear foot Of street frontage, with a maximum height of twenty (20) feet° C. One (1) or more fixed projecting or fiat wall sign(s) which advertises the use of the premises, provided that for the projecting sign, the sign and its supports shall not extend more than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the building or beyond the building comer. The maximum area for this signage shall be one (1) square foot of area for each one (1) foot of linear building frontage. D. Non-illuminated identification signs shall be permitted on the rear door of business establishments, provided they are limited to three (3) square feet in area. E. A directory sign, not exceeding eighteen (18) square feet in area, is permitted. This directory sign can not exceed a height of six (6) feet and must be placed within the building setback area. F. Lots which have uses which front on 1-95 may be permitted additional fiat sign(s) subject'to the limitations imposed in Article IV, Section 5.C' if the building is designed to front on 1-95. For purposes of clarification, fronting in this section means that the building entrance faces 1-95 and no garage doors are visible from the Interstate. Additionally, the area between the use and the Interstate must be landscaped as if it were fronting on a street. G. Directional signs, not exceeding four (4) square feet in area, nor five (15) feet in height, with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. H. Temporary business identification signs shall be permitted instead of other wall sigr~ permitted in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued pending the approval of a sign application, if at the time of the Certificate of Occupancy, an application for a sign permit has been submitted to the development department. Sec. 6. Signs in the central business district. The following signs are permitted and regulated in the central business district (CBD): A. One (1) real estate sign advertising 'For Sale/Rent/Lease", may be placed on the premises and shall not exceed sixteen (16) square feet in area, nor six (6) feet in height. B. One (1) freestanding sign, not to exceed eighty (80) square feet in area, advertising the use of the premises. The maximum area for this sign shall be one (1) square foot of sign area for each one and one half (1-112) linear feet of street frontage, with a maximum height of twenty (20)feet. C. One (1) or more fixed projecting or flat wall sign(s) which advertises the use of the premises, grovided that for the projecting sign, the sign and its supports shall not extend more than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the building or beyond the building comer. The maximum area for this signage shall be one (1) square foot of area for each one (1) foot of linear building frontage~ D. Directional signs, not eXCeeding four (4) square feet in area, nor five ($) feet in height, with a limit of four (4) signs per lot, 'located at points of parking lot ingress and egress. E. Where a covered walkway is present, each store shall be permitted one (1) under canopy sign not to exceed three (3) square feet in area, This sign shall be placed in front of each occupancy under the covered walkway and shall not be less than ninety (90) inches from the walkway, with a rigid mounting. F. Identification signs shall be permitted on the' rear door of business establishments, provided they are limited to three (3) squat9 feet in area. G. Temporary business identification signs shall be permitted instead of other wall signs allowed in this section. One (1) temporary sign for a maximum of thir~ (30) days, can be permitted when a Certificate of Occupancy has been issued pending the approval of a sign application, if at the time of the 1997 S-5 Signs Certificate of Occupancy, an application for a sign permit has been submitted to the development deparunent. Sec. 7. Signs permitted in planned districts. The following are the general requirements for signs in planned districts (PUD, PCD and PID); for specific allowable signage, see the regulations for each regular zoning district. A. Purpose and intent. The purpose of this section is .to encourage continuity for signage in the planned districts, while allowing for flexibility with respect to type, color, number, location (exclusive of setbacks) and design of signs. The general requirements for each planned district can be found in. the corresponding regular zoning district in this sign chapter. The approval of signs in planned districts require the submission of a sign program for the entire project as part of the site plan approval process. B. Sign program. All requests for approval of a sign program shall be filed as pan of the original site plan approval process or as a modification to the approved site plan. All applications shall be filed by the sign owner or his agent, with the appropriate fee and shall describe and set forth the following: 1. The type and number of signs or sign structures. 2. The area per sign and dimensions of structures. 3. Thre~ (3) certified copies of the site plan showing sign location, sign elevations and construction details, such as materials, colors, wind resistance requirements and structural details. 4. In addition to the above, one (1) set of colored sign elevations with all copy shown in the type style to be used. 1997 13 Boynton Beach Code Chapter 22 STg~.~TS AND SIDEWALKS Art. I. Art. II. An. HI. In General Construction, Repair or Alteration Street and Easement Abandonment ,,KRTICLE I. IN' GENERAL Sec. 1. Street designation system. All streets, avenues or other thoroughfares for vehicular traffic shall be designated on a numerical quadrant basis. Such designation shall be vested in the director of development who may also allocate secondary street designations at his discretion. Sec. 2. Minimum right-of-way width. The City Commission shall not accept any street right-of-way dedication by plat or by deed or other instrument unless the right-of-way width and paving comply with the Land Development Regulations. occupancy/completion for any improvement exc_,~ ing 70% of its current assessed property valuation, the owners of all undeveloped lots, platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewaik thereon in co~ormance with Chapter 6, Article IV, Section 10. T of the Land Development Regulations. This requirement shall also apply when a change in occupancy as defined in the Standard Building Code occurs andior when any building is reconstructed in an amount which exceeds seventy (70) per cent of its current assessed valuation. A. Waiver. Upon the recommendation of the director of development, sidewalk requirements may be waived for an individual lot when adequate pedestrian circulation is provided by bicycle or pedestrian paths, or where the sidewalk requirement would not be compatible or in harmony with adjacent/ nearby properties previously developed without side- walks. An application fee as adopted by resolution of the City Commission shall accompany applications for waiver of this section. (Ord. No. 96-62, § 1, 1-21-97) Se(:. 3. ~Ainimul~ width of new or rebuilt streets. The minimum width of paving of all new or rebuilt streets shall be in accordance with Land Development Regulations. Sec. 4. Obstructing streets, prohibited. It shall be unlawful for any person or the agent or agents of any person to blockade or obstruct any street or public way within the city, so as to impede traffic or pedestrians thereon, or cause any interference or dangerous obstacles to be placed on or across any of the streets or public ways within the city, except that in the Central Business District, loading zones, dumpsters and compactors and their enclosures may be situated in the public right-of-way. (Ord. No. 97-27, § 1, 7-1-97) Se~. 5. Sidewalks, when r~quirmL Prior to the issuance of any certificate of ARTICLE H. CONSTRUCTION, REPAIR OR ALTERATION See. 1. Standards. All work performed in public or private rights- of-way shall cortform with the current State Depart- ment of Transportation Standard Specifications for Road and Bridge Construction. Sec. 2. Application required; contents. An applicant for the permit required by Section 7 hereunder shall file with the director of develop- ment an application showing: A. Name and address of the owner, or agent in charge, of the property abutting the proposed work B. Name and address of the party doing the work; 1998 S-7 1 2 Boynton Beach Code C. Location of the work area; D. Attached plans, or sketch, showing details of the proposed work; E. Estimated cost of the work; F. Such other information as the director of development shall find reasonably necessary to determine if a permit should be issued hereunder. Sec. 3. Permit fees. Fees for work within rights-of-way shall be as established by the City Commission from time to time by resolution. A separate fee is payable for each curb, sidewalk, curb-cut, driveway or street to be altered. Sec. 4. Permit issuance. The director of development shall issue a permit hereunder when. it is found: A. That the plans for the proposed operation have been approved by the City Commission or that they have been approved in accordance with Land Development Regulations. B. That the work will be done according to the standard specifications of the city for public work of like character. C. That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties. D. That the health, welfare and safety of the public will not be unreasonably impaired. Sec. $. Inspection, approval. A. A person doing work under this article, or his agent, shall call for inspection in writing prior to starting work. The director of development shall designate the day and hour that the inspection is to be performed, and an inspector shall be present at the commencement of the operation so as to review work in progress. Upon completion of streets, sidewalks or other public ways, approval shall be required prior to release of bond. B. In the event it should be necessary to have the services of a registered engineer for any inspec- tion, or technical approvals are deemed necessary by the director of development, such expenses shall be borne by the applicant. C. Inspection and approval of improvements in new subdivisions shall be in accordance with the provisions of the Land Development Regulations. The director of development shall have the authority to require an applicant to provide adequate surety to protect and save harmless the city from all claims for damages or injury to other persons .by reason of work under his permit. Such surety shall be equal to one hundred ten per cent (ll0%) of the estimated value of the project. Sec. 7. Work within rights-of-way. A. Permit required; scope. No person shall begin to construct, reconstruct, repair, alter or grade in or upon any area of public or private rights-of-way in the city without first obtaining a permit as provided in this section. The permit shall entitle the applicant to work in a maximum of one thousand six hundred (1,600) linear feet of right-of-way. A separate permit must be obtained for each additional one thousand six hundred (1,600) linear feet of work. Where work is continuous, restoration must be completed on the first permit before a third permit may be issued. At no time shall more than two (2) permits be issued for one location. The permit shall be in the custody of the foreman ot his designated representative at the work site. B. Permit application. An applicant for the permit required under this section hereunder shall file with the director of development an application showing the following: 1997 S-$ Streets and Sidewalks 3 1. Name and address of the contractor performing the work. 2. Name and address of the person or company for whom the work is being performed. 3. Location of the work area. C. Permit fees. Fees shall be as established by resolution of the City of Boynton Beach and shall accompany each application for a permit required under this section. D. Permit issuance. The director of development shall issue a p_errnit hereunder when he finds that the work complies with the provisions of this Code of Ordinances and Land Development Regulations. E. Sign required. A sign shall be displayed at the work site indicating the name and telephone number of the contractor and the name of the applicant requesting the work. F. Safety precautions. Devices used to safeguard job site and all traffic control techniques shall conform to the standards set forth in the Department of Transportation's current manual Traffic Controls and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations. G. Backfilling. When it is necessary to cut pavement, the trench must be filled with suitable material in 12-inch lifts, each lift being compacted to ninety-five per cent (95 %) of maximum density. The last 12-inch lift shall consist of two (2) 6-inch layers of compacted limerock or shell rock. H. Opening to traffic. At the end of each work day completed backfill must be covered with asphalt and opened to traffic. In thc event the final wearing surface cannot be scheduled, a temporary cold mix asphalt surface may be used. Temporary asphalt patches must be replaced with the final pavement within twenty (20) calendar days. Before final asphalt is placed, pavement edges shall be cut out with a saw along smooth, straight, uniform-lines to provide a proper connection between old pavement and new pavement. I. Guarantee of pavement. All pavement replacement work within rights-of-way shall be guaranteed by the contractor for one year, and any failure or problems developing due to the construction or reconstruction of the pavement will be the responsibility of the contractor, to be repaired by him as directed by the director of development at no cost to the city. $. Work in improved parkways. When working in improved parkways, the applicant shall furnish written notification of the proposed construction to adjacent property owners prior to construction. The restoration of the parkway areas shall be at least equal to the condition of the parkway prior to the construction. The restoration shall be completed within five (5) working days from the time the area has been backfilled. K. Replacement of sidewalks, curbs and driveways. Sidewalks, curbs and driveways, if removed' for construction, shall be replaced in accordance with city standards, and no pavement shall be placed without prior inspection of forms and excavation by the director of development. L. Compacting surrounding area. All backfilled areas within six (6) feet of pavement shall be compacted/stabilized to meet a minimum Florida Soil Bearing Value of 30 P.S.I. M. Cleanup. Firml restoration shall include removal of all construction rubble and din mounds from the area and removal of all dirt and dust caused by the construction from pavement. N. Planting in swales and rights-of-way. Limited non, invasive planting may be allowed in swales and/or rights-of-way subject to the following conditions: 1. Planting cannot significantly interfere with maintenance of existing utilities, and; 2. Layout with respect to plant material, location and size at maturity must be acceptable to both the city forester and the director of development, and; 1997 5-5 4 Bo~nton Beach Code 3. Planting must be consistent with Florida Department of Transportation, Palm Beach County and City of Boynton Beach regulations. If planting is allowed and installed within swales and/or rights-of-way, the adjacent property owner assumes total responsibility for repairing/ restoring the swale/right-of-way to mits original condition if the swale/right-of-way is disturbed for installation and/or repair of utilities either already in place or constructed in the future. The property owner also assumes the maintenance responsibility for the swale/right-of-way as stipulated in the LandScape Code (Chapter ?.5, Article-II, Section 5, Paragraph - O. Neighborhood Identification Signs. Identification signs for residential neighborhoods may be allowed in city-owned right-of-way subject to the following conditions: 1. Sign --does not 'interfere with maintenance of existing utilities, and; 2. Sign does not interfere with vehicular visibility standards, and; 3. Sign is in conformance with this Chapter, Article IV, Section 1, Paragraph B, and; 4. Application is submitted by an incorporated association which represents the neighborhood and which completes an agreement to remove the sign upon demand by the City, and; 5. All appropriate provisions of this Chapter, Article II, Section 7 entitled, Work within rights-of-way, as well as Chapter 21, Signs, and Chapter 2, Zoning. (Ord. No. 96-62, § 2, 1-21-97) the vacation and abandonment of city streets, alleys, special purpose easements and other nonfee interests of the city; to designate those individuals who shall have the responsibility for the processing of such applications; and to provide the methods and procedures for processing said applications. Sec. 2. Application/submission. All requests for vacation and/or abandonment of city streets, alleys, special purpose easements and other nonfee interests which the city may have in real property shall be in writing and executed in triplicate by thc party or parties requesting the same. The application shall be filed with the city clerk and shall include, but not be limited to, the following: A. The name and address of the applicant or applicants. B.' A complete and accurate legal description of the street, alley, special purpose easement or other nonfee interest of the city or any portion thereof sought to be abandoned or vacated. Where possible, the legal description shall be accompanied by a plat, map or drawing showing the general area involved and the location of the specific property interest to be abandoned or vacated. C. Whether title or interest of the city and the public in ~ to the property sought to be abandoned or vacated was acquired by deed, dedication or prescription, and if recorded in the public records, the book and page number thereof. D. The reason for the request of the abandonment or vacation. E. The names and addresses of the owners and occupants of abutting real property. ARTICLE hi. STREET AND EASElV[ENT ABANDONM rr The purposes of this article are to establish uniform procedures for the application to the city for F. Certification that the property was not acquired or dedicated for state or federal highway purposes and will not adversely affect other property owners or unreasonably limit access to their property, G. Verification from each affected or potentially affected utility company that they have no interest in the vacation/abandonment, or, if they have 1997 S-5 Psrking ~ 5 illumination (in foot candles) at roadway surface;- certification of compliance with the Standard Building Code and capacity to withstand a 1 I0 m.p.h, wind load; and proposed conduit routing. b. Pedestrian lighting. Walkways connecting parking lots ~o buildings or walkwi~,s between buildings shall be lit in such a manner as to provide a safe environment. c. Glare. Lighting shall be designed and in.stalled in compliance with LDR Chapter 2, Section 4, Paragraph NT. B. Traffic control - 1. Plan. Each parking lot traffic plan shall provide for stop signs at exits, directional arrows, internal traffic signs and information signs where appropriate. It is intended by these regulations that the applicant retains the responsibility for the proper and efficient movement Of traffic onto and/or through the site and that additional signing may be required to accomplish the safe movement'of traffic. The location and type of traffic control devices shall comply with city standards. 2. Signing and marking. All traffic signing and pavement marking shall comply with the U.S. Depa~i~,ent of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices. Particular attention is directed toward Section 2A, which contaim sign design, shape, color, mounting height and other conditions. Fire lane signs shall be maximum fifty ($0) feet apart; fire lane curbing shall be painted reflective yellow; tim words Fire Lane shall be painted in three (3) foot high letters {four (4) inch brush stroke} every fifty (50) feet using white traffic pnint; and No Stopping or Standing signs shall be posted. D. Irrigation. Each parking lot shall be irrigated consistent with Chapter 7.5, Article H, Landscape Code, or in the instance of the central business district, Chapter 7.5, Article lIl, Landscape Code. E. Curbs and car stops. Landscaped areas in parking lots shall be protected from the encroachment of vehicles by a continuous, raised curb, or in the instance of a parking stall, by a wheel stop or a raised continuous curb. Areas to be protected include all landscaped islands, landscaping adjacent to parking stalls and landscaping adjacent to curvilinear drive- ways where encroachment is likely to occur. Curb shall extend six (6) inches above pavement and shall comply with city standards utilizing twenty-five hundred (2500) psi concrete. F. Drainage. Storm water shall be contained on site. Containment capacity shall be designated for a minimum of two and one-half (2.5) inches of rain- fall in one (1) hour. Drainage structures and french drains shall comply with minimum city standards or standards of the South Florida Water Management District. Catch basins shall be located in grassy areas unless otherwise approved by the director of develop- ment. For impervious areas exceeding twenty-five thousand (25,000) square feet, the parking lot and facilities shall be designed and certified by a Florida registered engineer. Maximum storage capacity of soil shall be considered at the rate of one (1) inch of water for each six (6) inches of soil above the water table. Drainage calculations are required in all instances. The hydraulic conductivity of soil shall be determined with tests made at the site using test procedures recommended by the South Florida Water Management District or other procedures which have been approved by the director of development. C. Landscaping. Each parking lot shall be landscaped consistent with Chapter 7.5, Article fl, Landscape Code, or in the instance of the central business district, chapter 7.5, Article IH, Landscape Code. H. Driveway. 1. Width. Parking lot driveways shall be a minimum width of twelve (12) feet for one-way drives and twenty (20) feet for two-way drives, at the 1998 S-7 Co~ I~dex 35 POLICE DEPARTMENT-.Cont'd Pensions for police officers Accounting, 18-171 Application, 18-164 Average final compensation defined, 18-168 Compensation, limitation on, 18-174 Contributions, 18-170 Direct transfers of eligible rollover distributions, 18-172 Disability retirement benefits, 18-167 Eligibility for general employees' pension plan, 18-172 Investment advisors, 18-166.$ Investments, 18-166 Monthly retirement income, 18-165 Normal retirement date, 18-169 Social s~curity for policemen, 18-19 et seq. Social security. See also that title Solicitors and canvassers; duty of police to enforce, 17-20 POLLING PLACES Designation of, 2-44 POLLUTION Parks and recr~tion; pollution of water, 16-26 Stormwater system, 26-300 et seq. Water and sewers. See that title. POOLS. Swimming pools and spas, Pt. IH, Ch. 20, Art. IX POULTRY Generally, 4--19 Animals and fowl. See also that title. PROPERTY Abandoned property, 10-50 et seq. Abandoned property. See that title Animals and fowl; nuisance by property, 4-13 Certain ordinances not affected by code, 1-8 Dogs; damaging property of another, 4-33 Garbage and trash. See also that title Inspection of land to determine violation, 10-4 et seq. Graffiti, 15-18 Landscape code. See that title. Minimum standards for appearance ~ maintenance, 15-120 Personal property, defined, 1-2 Private property Newsracks located on; written permission, 15-86 Taxation; excise tax on property insurers, 23-3 Trailers; parking on private property, 25-6 1998 S-7 Parians t ts 7 (15,000) square feet or greater shall have fire lanes along the front of all buildings which shall allow efficient access to the fronts of buildings by fire protection vehicles. Fire lanes shall have a minimum pavement width of twenty-two (22) feet. Fire lanes shall not be encumbered by parked vehicles, including commercial vehicles, and shall not be used for the loading or unloading of commercial vehicles. Additionally, fire lanes shall be clearly marked with signs and striping or a combination of both, which shall comply with thin chapter. R. Stacic~ng space at drive-up openings. Drive- up openings through which food is passed shall be served by a drive-through lane which provides a minimum of seventy (?0) feet of vehicular stacking space which does not obstruct or restrict in any way the free movement of emergency vehicles, service vehicles or any other type of vehicles. See also Chapter 9, Section 1 l, paragraph H. (Ord. No. 9663, §§ 4, 5, 6, 7, 1-21-97; Ord. No. 9%28, §§ 1, 2, 7-1-97) N. Parcel pickup or customer dropoff lanes. Parcel pickup or customer dropofflanes are permitted outside of the fire lane, if these lanes comply with city standards. O. Parking lot maintenance. Parking lots in the city shall be maintained so as to not be a nuisance or hazard to the public, including portions of driveways which lie in the fight-of-way. P. Sidewalks. Street sidewalks adjacent to parking lots shall be continuous through all drive- ways; shall be six (6) inches thick within driveway and shall meet handicap code requirements. Q. Parking lot pavement. Six (6) inches of Palm Beach County approved shell or lime rock on a twelve (12) inch sub-grade compacted to 98% of maximum dry density u determined by AASHO T-180. Shell rock shall have a retention of 501~ over a number four sieve and shall have a minimum calcium carbonate content of 40~ and a minimum modified proctor of 120 lbs. If lime rock is used, it shah meet the requirements of the current D.O.T. specifications for road and bridge construction. The compacted bue shall be primed and paved with one inch of compacted Type S-H or S-III asphalt in compliance with F.D.O.T. standards. Other types of construction that may be sub- mitted for approval are portland cement concrete, paving blocks, and stabilized sod. 1998 S-7 Code 33 PERMITS. See: Licenses and Permits PERSON Defined, 1-2 PERSONNEL Personnel and equipment organizational chart adopted, 2-1 Personnel policy manual adopted by reference, 2-151 PICNICS City parks and beaches; places for picnics, 16-54 et seq. Parks and recreation. See also that title. PLANNED UNIT DEVELOPMENTS (Pt. HI, Ch.~ 2.$) Definition, 2 Intent and purpose, 1 Internal PUD standards, 9 Locational standards for PUD's, 8 Minimum land areas for PUD, 5 Nomenclature, 3 Plan modification, 12 Preliminary and f'mal development plans, 11 Procedures for zoning of land to PUD, 10 Relation of land use intensity (LUI) ratings to regulations, 4 Unified control, 6 Uses permitted, ? Zoning administrator, 13 PLANNING AND DEVELOPMENT Additional authority, functions, powers, and duties, as assigned by the City Commission, Pt. HI, Ch. 1.5, An. I, § 4.2 Advisory authority, functions, powers and duties, Pt. HI, Ch. 1.5, Art. I, § 4 Authority granted by the City Commission, Pt. HI, Ch. 1.5, Art. I, § 4.3 Commission designated statutory planning agency, Pt. HI, Ch. 1.5, Art. I, § 5 Commtmity. design plan. See: Community Design Plan Comprehensive plan adopted; authority, purpose, preemption, Pt. HI, Ch. 1.5, Art. I, § ? Concurrency requirements (pt. HI, Ch. 1.5, An. VI) Administration of article, § 8 Adoption of methodology for determining whether concurrency requirements are met, § ? Applicability, § 2 Categories of development orders and permits, § 4 Certification of concurrency or exemption upon request, § 14 Concurrency review board, § 11 Exemptions, § 10 Minimum levels of service adopted for public facilities, § 5 Procedures for certification or conditional certification of concurrency, § 9 Public facilities shall be available for development projects consistent with adopted levels of service, § 6 Short title, authority, intent and purpose, § I 1998 S-8 Chapter 23 PARKING LOTS Art. I. In General Art. II. Required Improvements ARTICLE I. IN GENERAL Sec. 1. Purpose and objectives. A. Purpose. The purpose of this chapter is to provide a set of regulations to govern the design construction and maintenance of parking lots within the City of Boynton Beach. It is intended that these regulations provide a minimum set of standards to be followed when parking lots are constructed in order to protect the health, safety and welfare of the public. Furthermore, the City of Boynton Beach recognizes the relationship of these regulations to the goals and objectives of the comprehensive plan. B. Objectives. The objectives of these regulations include, but are not limited to, the following: 1. To provide a maximum degree of safety and protection for the public through the orderly design of parking lots; 2. To provide for a standard for construction which results in a relatively durable and nuisance free parking lot; 3. To reduce the negative environmental impacts which may result from parking lot construction; 4. To provide for storm water retention on site; 5. To provide for parking lots which are constructed in such a manner that the physically handicapped are not discriminated against; and 6. To permit the land owner to benefit from his ownership by providing for orderly parking 1997 S-5 lot design and construction consistent with the public health, safety and welfare. (Ord. No. 96-63, § 1, 1-21-97) Sec. 2. Scope. These regulations shall be applicable to all permanent parking lots constructed or reconstructed in the city. In order to clarify the applicability of these regulations, compliance is required under any of the following conditions: A. When a parking lot serves an existing building(s) where said building(s) is proposed to be enlarged or when an additional building(s) is proposed to be constructed; B. When a change in building occupancy occurs as defined in the Standard Building Code; C. When a change in use occurs which results in additional parking being required as noted in Chapter 2, Section 11.H.16 of these Land Development Regulations; D. When compliance with the landscaping code is required; E. Reserved; F. When an existing parking lot is expanded by twenty-five (25) per cent or more in parking stalls beyond what was originally approved; and G. When any new parking stalls, driveways, access aisles or parking lots are proposed, these newly constructed areas must comply with the requirements of this chapter. Sec. 3. Exemptiom and variances. A. Exemptions. These regulations shall not be applicable under the following conditions: Code Inde~ 31 PARKS AND RECREATION--Cont'd Dots Prohibited in city owned park or recreation area, 4-33 Recreation and parks director Hours of operation at parks and beaches established by, 16-19 Regulations enforced by, 16-22 Recreational and park fund established Expenditures, 16-6 PARTNERSHIPS Persons defined to include, 1-2 PEDDLERS AND SOLICITORS Canvassers. See within this title: Solicitors and Canvassers Charitable solicitations Amendments to application Additional solicitation, 17-43 Applicability, 17-34 Behavior, restrictiom on, 17-44 Definitions, 17-36 Fees, 17-39 Penalty, 17-45 Permit Application, 17-38 Contents, 17-42 Expiration, 17-42 Granting, 17-40 Nontransferable, 17-42 Refusal to grant permit Appeal, 17-41 Required, exceptions, 17-37 Terms, 17-42 Purpose, 1%35 City parks and beaches; soliciting prohibited, 16-42 Fingerprints required, 17-1 Identification card required Re,registration; fee, 17-2 Noise control, 15-8 et seq. Noise. See that title Photo required, 17-1 Registration, photo and fingerprints required, 17-I Solicitors and canvassers DeEmed, 17-13 Duty of police to enforce, 17-20 Liceme required, 17-14 Permit required, 17-14 Action on application, 17-17 Appeals, 17-23 Application, 17-15 Application fee, 17-16 1998 5-7 and purpose of this chapter, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare; and agent, shall submit an application which shall include, but not be limited to, information and materials as follows: d. That a recommendation has been reviewed by the technical review committee of the City of Boynton Beach, and that the recommendation has been made a part of the public record. 4. Conditions. In granting a variance, the city Commission may prescribe appropriate conditions and safeguards in order to conform with the intent of this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall cause the variance to become null and void. (Ord. No. 9663, § 2, 1-21-97) S~. 4. ~[|n|mllm standards. 1. Permit fee; 2. A sealed survey, not older than six (6) months which shows existing elevations and/or contours; existing easements or other encumbrances; existing structures and trees; and other topographical features. In addition, the survey must show elevations of adjacent properties and rights-of-way; right-of-way widths of adjacent roadways; paving; sidewalks; elevations; utility lines; and other features; 3. Location of parking and loading facilities including calculations for the number of parking stalls required and the number of parking stalls provided, and the location of handicap parking stalls, signs and access ramps; All areas proposed for parking or storage including those instances exempted in Section :3 hereinbefore shall be improved to provide a hard, dust-free surface acceptable tO the director of development. (Ord. No. 96-63, § 3, 1-21-97) 4. A cross-section of the materials to be used in the construction of the parking lot; 5. A parking lot layout including striping; 6. Proposed site plan; Sec. $. Permitting. A. When required. A permit shall be secured from the director of development prior to the construction of any parking lot. The issuance of a permit shall not relieve any party from obtaining the necessary permits which may be required by the various state, federal or local governmem agencies which have jurisdiction over the proposed construction, including, but not limited to, permits for paving and drainage, lighting and irrigation. Final inspections of the parking lot for compliance with this chapter and other city code requirements and standards are required prior to the issuance of a certificate of occupancy. B. Permit application. In connection with a request for a permit to construct a parking lot, the owner, or his authorized 7. Parking lot lighting plan, including the location of lighting standards, pole types, luminaire types, illumination levels, direction of lighting and type of activating mechanism; 8. Certified statement of conformance with Chapter 22, Streets and Sidewalks, of the City of Boynton Beach Land Development Regulations; 9. Location of existing and proposed streets to include ultimate rights-of-way. Dedication or right-of-way is required in conformance with the city and county comprehensive plans;' 10. On-site traffic plan including arrows and traffic signs; 11. Landscaping plan and tree preservation plan consistent with current city codes; 1997 Code Index 29 PARKS AND RECREATION--Cont'd Board created--Cont'd Officers, 16-3 Powers, 16-5 Qualifications, 16-1 Terms, 16-1 Vacancies, 16-2 Boats and boating Boat club park, establishing hours of use at, 16-60 C-16 Canal (Pioneer Park) speed restriction on, 16.93.1 Enforcement, 16-95 'Fueling or refueling of watercraft prohibited, 16-94.5 Intracoastal waterway Wooden overlook at terminus of Casa Loma Boulevard Mooring or docking at, 16.94.5 Mufflers required, 16-94 Overnight boat docking prohibited, 16-59 Recreational vehicles, boats and boat trailers, 20-1 et seq. Recreational vehicles, boats and boat trailers. See also that title Speed causing.harmful wake, 16-93 Boynton Canal and abutting property Use prohibited, 16-7 City parks and beaches Conduct regulated Alcoholic beverages permitted only at designated places Sale; drunkenness, 16-38 Animals prohibited, 16-39 Boat club park, establishing hours of use at, 16-60 Boat docking overnight prohibited, 16-59 Camping, 16.57 Closed areas; entering, using, 16-45 Disorderly conduct, 16-46 Dogs prohibited in city owned park or recreation area, 4-39 Dressing and undressing, 16-52 Explosives, 16-40 Fireplaces and picnic areas, use of, 16-55 Fires permitted only in designated areas Dropping inflammable material, 16-43 Fireworks, 16-40 Fixtures; standing or sitting on, 16-48 Gambling, 1~ 4~. Games allowed only in designated areas, 16-58 Hunting, 16-53 Lounging, 1646 Picnic area Regulation authorized, 16-54 Refuse, 16-49 Rest rooms, cooperation in keeping clean, 16-47 Sleeping, 16-46 Soliciting prohibited, 16-42 Parl~ng Lot~ 5 illumination (in foot candles) at roadway surface; certification of compliance with the Standard Building Code and capacity to withstand a 110 m.p.h, wind load; and proposed conduit routing. b. Pedestrian lighting. Walkways connecting parking lots to buildings or walkways between buildings shall be lit in such a manner as to provide a safe environment. c. Glare. Lighting shall be designed and installed in compliance with LDR Chapter' 2, Section 4, Paragraph NT. Traffic control 1. Plan. Each parking lot traffic plan shall provide for stop signs at exits, directional arrows, internal traffic signs and information signs where appropriate. It is intended by these regulations that the applicant retains the responsibility for the proper and efficient movement of traffic onto and/or through the site-~d that additional signing may be required to accomplish the safe movement of traffic. The location and type of traffic control devices shall comply with city standards. 2. Signing and marking. All traffic signing and pavement marking shall comply with the U.S. Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices. Particular attention is directed toward Section 2A, which contains sign design, shape, color, mounting height and other conditions. Fire lane signs shall be maximum fifty (50) feet apart; fire lane curbing shall be painted reflective yellow; the words Fire Lane shall be painted in three (3) foot high letters {four (4) inch brush stroke} every fifty (50) feet using white traffic paint; and No Stopping or Standing signs shall be posted. C. Landscaping. Each parking lot shall be landscaped consistent with Chapter 7.5, Article II, Landscape Code, or in the instance of the central business district, chapter 7.5, Article IH, Landscape Code. D. Irrigation. Each parking lot shall be irrigated consistent with Chapter 7.:5, Article II, Landscape Code, or in the instance of the central business district, Chapter 7.5, Article III, Landscape Code. E. Curbs and car stops. Landscaped areas in parking lots shall be protected from the encroachment of vehicles by a continuous, raised curb, or in the instance of a parking stall, by a wheel stop or a raised continuous curb. Areas to be protected include all landscaped islands, landscaping adjacent to parking stalls and landscaping adjacent to curvilinear driveways where encroachment is likely to occur. Curb shall extend six (6) inches above pavement and shall comply with city standards utilizing twenty-five hundred (2500) psi concrete. F. Drainage. Storm water shall be contained on site. Containment capacity shall be designated for a minimum of two and one-half (2.5) inches of rainfall in one (1) hour. Drainage structures and french drains shall comply with minimum city standards. Catch basins shall be located in grassy areas unless otherwise approved by the director of development. For impervious areas exceeding twenty-five thousand (25,000) square feet, the parking lot and facilities shall be designed and certified by a Florida registered engineer. Maximum storage capacity of soil shall be considered at the rate of one (1) inch of water for each six (6) inches of soil above the water table. Drainage calculations are required in all instances. The hydraulic conductivity of soil shall be determined with tests made at the site using test procedures recommended by the South Florida Water Management District or other procedures which have been approved by the director of development. G. Reserved. H. Driveway. 1. Width. Parking lot driveways shall be a minimum width of twelve (12) feet. for one-way drives and twenty (20) feet for two-way drives, at the right-of-way line. Maximum width of any drive at the right-of-way line shall be thirty-two (32) feet, unless otherwise approved by the director of development. 2. Drive radii. Each parking lot driveway shall have a radius at the intersection of the vehicular 1997 S-5 Code Index 2'/ NOISE--Cont'd Penalty for violations, 15-8.7 Prohibited acts, 15-8.5 PurpOse and scope, 15-8.1 Short title, 15-8 Sound levels by receiving land use category, 15-8.8 Standards, 15-8.2 '- Terminology, 15-8.2 NON-SMOKING POLICY Non-smoking areas, 15-19 NUISANCES Garbage, nuisance abatement provisions re, 10-4 et seq. Garbage and trash. See that title Nuisance abatement Board Conduct of hearing, 15-115 Created; organization, 15-113 Fines for noncompliance with orders, 1~-115.5 Duration of lien, 15-115.5 ProceSsing of complaints, 15-114 Definitions, 15-112 Judicial review, 15-116 Rights preserved, 15-117 Title, 15-111 NUMBER Def'med, 1-2 0 OATH Defined, 1-2 OBSCENITY. See: Indecency and Obscenity ODOR Animals and fowl; nuisance by odor, 4-13 OFFENSES Failure to respond to lawful process, 15-4 Obstruction of passageways, 15-9 State misdemeanors, adoption, 15-1 OFFENSIVE CONDITIONS Garbage and trash, 10-1 et seq. Garbage and trash. See also that title 1998 S-9 O. Parking lot maintenance. Parking lots in the city shall be maintained [so as to not be a nuisance or hazard to the publici including portions of driveways which lie in the right-of-way. P. Sidewalks. Street sidewalks adjacent.lo parking lots shall be continuous through all driveways; shall be six (6) inches thick within driveway and shall meet handicap code requirements. Q. Parking lot pavement. Six (6) inches of Palm Beach County approved shell or lime rock on a twelve (12) inch sub-grade compacted to 98% of maximum dry density as determined by AASHO T- i80. Shell rock shall have a retention of 50% over a number four sieve and shall have a minimum calcium carbonate content of 40% and a minimum modified proctor of 120 lbs. If lime rock is used, it shall meet the requirements of the current D.O.T.. specifications for road and bridge construction. The compacted base shall be primed and paved with one inch of compacted Type S-II or S-III asphalt in compliance with F.D.O.T. standards. Other types of construction that may be submitted for approval are portland cement concrete, paving blocks, and stabilized sod. R. Stacking space at drive-up openings. Drive- up openings thru which food is passed shall be served by a drive-thru lane which provides a n~inimum of seventy (70) feet of vehicular stacking space which does not obstruct or restrict in any way the free movement of emergency vehicles, service vehicles or any other type of vehicles. See also Chapter 9, Section 11, paragraph H. (Ord. No. 96-63, §§ 4, 5, 6, 7, 1-21-9'/) 7 1997 S-5 Code Index 25 LOCAL IMPROVEMENTS Certain ordinances not affected by Code, 1-8 LOUDSPEAKERS Noise comroI, 15-8 et seq. Noise. See that title. M MANAGER. See: City Manager MAPS Numbers Mandatory street numbers of all buildings; establishment, 15-16(0 MASTER PLAN REVIEW (Pt. III, Ch. 3) Administration, Art. I, § 3 Appeals, Art. I, § 4 Applicability, Art. II Exemption to master planning, 2 Master planning required, 1 Waiver of master planning, Art. II, § 3 Approval, Art. I, § 5 Master plan preparation and submission, Art. IV Master plan content, 3 Preparation, 1 Submission, 2 Technical review, 4 Preapplication conference, Art. III Procedure, 2 Written preapplication, 1 Prerequisites to master plan, Art. I, § 2 Purpose, Art. I, § 1 MAYOR Offices and titles of mayor and vice mayor retained, 2-1.1 Vice-mayor; duties and official designation, 2-9 MEDICINES. See: Drags and Medicines MINORS Children and youth advisory board Created, 2-116 Duties, 2-117 Meetings, 2-120 Organization, 2-119 Powers, 2-122 Recommendations, 2-118 1998 S-9 CHARTER INDKX A ABANDONED VEHICLES Impounding, sale, redemption Disposition of proceeds, 7.1 ADMINISTRATIVE OFFICERS Administrative officers, departments and agencies, 49(a) Penalty for violation, 49(d) ! AGENCIES. See: Departments and Other Agencies of City AGREEMENTS. See: Contracts and Agreements AIRPORTS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) ALCOHOLIC BEVERAGES General powers of the city enumerated, 7(17) ALLEYS General powers of the city enumerated; improvements of streets, bridges, etc., 7(8) AMUSEMENTS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) ANIMALS AND FOWL Carcasses of dead animals --General powers of the city enumerated; sewage and garbage disposal, 7(12) General powers of the city enumerated, 7(13) ANNEXATION General powers of the city enumerated, 7(32) Contiguous municipality, 7(33) ARTESIAN WELLS General powers of the city enumerated; maintenance of public utilities, 7(8) ASHES General powers of the city enumerated, 7(1) General powers of the city enumerated; sewage and garbage disposal, 7(12) Special assessments General powers of the city enumerated, 7(4) ASSESSMENTS Public improvements and assessments. See that title ATTORNEY. See: City Attorney Code l~dex 24A LITTER Defined, 1:5-26 Gutters, sweeping or depositing into, 15-28 Private property, 1:5-31 Prohibited generally, 1:5-27 Public places, sweeping or depositing into, 1:5-28 Scattering of loads, prevention of, 1:5-33 Vacant property, 1:5-32 Vehi¢Ies, throwing from, 1:5-29 Water, throwing or depositing in bodies of, 15-30 LIVESTOCK Generally, 4-19 Animals and fowl. See also that title. LOADING AND UNLOADING Noise control, 15-8 et seq. Noise. See that title. LOCAL HOUSING ASSISTANCE PROGRAM, Part IH, Ch. 20, Art. VHI, § 3 1998 S-9 Cluu'ter lnde~ 3 BONDS General powers of the city enumerated; revenue bonds, 7(24) et seq. Police chief; bond, 70 Revenue and taxation, 73 et seq. Revenue and taxation. See also that title Revenue bonds (general powers of the city enumerated) As special city obligation, 7(26) Fiscal agent, 7(28) Full authority, 7(29) Installment sales, 7(25) Lien, 7(26) Outstanding bonds, computation of, 7(80) Payment, 7(24) Prohibitions repealed, 7(3 I) Purposes, 7(24) _ Recourse against general fund, payment, 7(27) Security, 7(26) BOULEVARDS General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) BOUNDARIES _ Generally, 6 Greater Boynton Beach Area BoUndaries and territory of, 6A BREAKWATERS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) BRIDGES General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) BUILDINGS Building condemnation General powers of the city enumerated, 7(20) BULKHEADS General powers of the city enumerated; docks, wha.r~es, sidewalks, etc.; buildings condemnation, 7(20) BUTCHER PENS General powers of the city enumerated; nuisances, trash, weeds, sanitation, etc., 7(13) CANALS General powers of the city enumerated, 7(10) General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) CARRIAGES General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) M General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) 1~)8 S-8 Code Index 23 LANDSCAPE CODE--Cont'd Central business district landscape code--Cont'd Performance surety, 6 Purposes, 2 Short title, 1 Construction of language and definitions, Art. II, § 3 Declaration of purpose and intent, Art. H, § 2 Enforcement of code regulations and provisions; violations, penalties and other remedies, Art. II, § 10 Landscape plan approval, An. II, § 6 Landscaping requirements for certain yard areas and off-street parking and other vehicular use areas, Art. H, § 4 Particular requirements, An. II, § S Performance surety, An. II, § 7 Short title, Art. II, § 1 LIBRARIES Acts prohibited; penalty, 12-? Board created, 12-1 By-laws, 12-3 Compensation, 12-2 Duties, 12-4 Meetings, 12-5 Membership, 12-1 Organization, 12-2 Powers, 12-4 Qualifications, 12-2 Quorum, 12-3 Regulations, 12-3 Removal of members, 12-6 Rules, 12-3 Terms, 12-1 Vacancies, 12-1 LICENSES AND PERMITS Alarm system operating permit, 2.$-3 et seq. Alarm systems. See that title. Application for license, 13-/ Certain ordinances not affected by Code, 1-8 Charitable solicitation; permit, 17-37 et seq. Peddlers and solicitors. See that title. City parks and beaches; permits re, 16-20 et seq. Parks and recreation. See that title. Classification and fee schedule, 13-4 Administrative remedy to challenge, 13-6 Code enforcement, 13-17 Coin-operated vending machines, 13-24 Community antennae system~; installation and maintenance, '/-42 Conflict with statue, 13-3 Contractors, registration and regulation of, 13-21 1998 S-7 Charter Index 5 CITY COMMISSION--Cont'd City manager, supervision by, 49Co) Penalty for violation, 49(d) Codification of ordinances Authority, publication, 33 Commission/manager integration, 49(c) .- Commission members, when to assume office, 15 Committee designation, 19 Compensation, 55 Contracting, authority ExecutiOn, attestation and seal, 21 Election of councilman Support by person connected with city government prohibited, 140 Expulsion of members, 18 Filling vacancy on, 5-t Fines, 18 Fire limits, erection and repair of buildings within, 35 General ordinance enactment power Enforcement, penalties, 27 Insurance plan, 20 Judges of own qualifications, rules of procedure, 18 Meetings -- Date of regular meetings, 22 Frequency, 22 Merit system for personnel; classified and unclassified service, 72.1 Money, borrowing Maximum issuance of notes, 37 Offices Authority to create and abolish, 23 Penalties, 18 Pension plan, 20 Qualifications of members Forfeiture of office, 16 Quorum, 18 Revenue and taxation; report of taxes collected by collector Final report to council, 129 Salaries to be fixed by resolution, 20 Special and regular meetings Rules of procedure; minutes, inspection of, 56 Utility franchises authorized Effective annexation on franchise, 31 Rights in city when franchises granted, 32 CITY MANAGER Absence, 72.13 Administrative officers, departments and agencies, 49(a) Penalty for violation, 49(d) City manager, supervision by, 49(b) Penalty for violation, 49(d) 1998 S-8 INDECENCY AND OBSCENITY Animals and fowl; indecent exhibitions, 4-9 INDUSTRY Industrial sewage, 26-59 et seq. Water and sewers. See that title. INOPERABLE MOTOR VEHICLES. See: Abandoned Property INSURANCE Casualty insurers, excise tax on, 23-3 Community antenna television services Franchises; insurance policy, 7-30 Fire insurers, excise tax on, 23-3 Newsrack liability requirements, 15-85 Signs; liability insurance required, 21-12 Taxicabs; liability insurance required, 24-8 Tornado insurers, excise tax on, 23-3 J JUNK AND JUNKYARDS Automobile graveyards, requirements for, 11-2 Definition, 11-1 Existing junkyards, requirements for, 11-2 Screening Specifications for, approval of, 11-3 JUNK DEALERS Dealing with minors, 15-7 JUNKED VEHICLES. See: Abandoned Property K KNIVES Switchblade knives, 15-12 L LAND (General regulations) Environmentally sensitive lands, Pt. HI, Ch. 7.5, An. IV Environmental regulation. See that title. Garbage and trash. See that title. Inspection of lands to detenni~ violation, 10-4 et seq. LAND DEVELOPMENT REGULATIONS (Note-Sections contained within this title refer to sections found within Part III) Buildings, housing and construction regulations. See: Buildings, Housing and Construction Regulations 1998 S-7 Charter Index 7 D DAIRmS General powers of the city enumerated; nuisances, trash, weeds, sanitation, etc, 7(13) DAY LABORERS Merit system for personnel; classified and unclassified service, 72.1 DEMOLITION General powers of the city enumerated; docks, wharves, sidewnlks, etc.; buildings condemnation, 7(20) DEPARTMENTS AND OTHER AGENCIES OF CITY Administrative officers, departments and agencies, 49(a) Penalty for violation, 49(d) City commission. See that title City manager, supervision by, 49(b) Penalty for violation, 49(d) General powers of the city enumerated; revenue bonds, 7(24) et seq. Interference with administration, 49(c) Penalty for violation, 49(d) Police deparanent. See that title DILAPIDATED DWELLINGS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) DOCKS General powers of the city enumerated, 7(10), 7(20) General powers of the city enumerated; acquisition of property for utilities, 7(2) General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)' DRAINS General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) DRAYS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) EASEMENTS General powers of the city enumerated, 7(6) ELECTIONS Arrangements by council Inspectors and clerks, appointment, 143 Call by mayor, 138 1998 S-8 Code ln4~ 19 GARAGE SALES--c°nt'd Permit Conducting garage sales without, or making false statements in order to obtain Unlawful; penalties; prima facie evidence re, 13-58 Fee, 13-56 Limitation on number of permits issued, 13-57 Required, 13-54 '- Written statement prerequisite to issuance, 13-55 GARBAGE AND TRASH Abandoned property, 10-50 et seq. Abandoned property. See that title. City parks and beaches; refuse and trash, 16-49 Garbage. See within this title: Refuse, Garbage and Trash Hurricane h~='~,,'ds Lands to be kept free from matter occasioning, 10-3 Inspection of lands to determine violation. See within this title: Violation; Penalty Lands to be kept free from trash or filth, 10-2 Inspection of lands to determine violation. See within this title: Violation; Penalty Nuisance provisions. See within this title: Violation; Penalty Refuse, garbage and trash Burying prohibited, 10-26(d) City to collect and dispose of garbage Supervision, regulatory authority, 10-22 Construction, industrial or garage wastes, disposal of, 10-30 Containerized collection Commercial and multifamily residential, 10-25 Definitions, 10-23 Deposits, unlawful, 10-26(e) Frequency of collection, 10-26Co) Mulch or compost piles, 10-26(0 Noncontainerized collection Residential, 10-24 Rates and charge: Purpose, 10-28 Service provided by city, 10-29 Refuse storage sites Predetermination required, 10-26(a) Users of city system Recording and billing duties of sanitation supendsor, 10-26(c) Violations and unlawful acts, 10-31 Who may collect nnd convey, 10-26(g) Trash. See within this title: Refuse, Garbage and Trash Violation; penalty Abatement bid procedure, 10-9 Abatement by city, 10-8 Bidding and contracting provisions preemptive, 10-10 Content and form of notice, 10-6 Hearing, 10-7 Inspection of lands to determine violations, 104 1998 S-7 EMI~LOYEES. See: Officers and Employees ENTERPRISES General powers of the city enumerated; revenue bonds, 7(24) et seq. EXCISE TAXES General powers of the city enumerated; revenue bonds, 7(24) et seq. F FINANCE Bonds. See that title City commission; borrowing money Maximum issuance of notes, 37 General powers of the city enumerated, 7(5) General powers of the city enumerated; revenue bonds, 7(24) et seq. Public improvements and assessments. See that title Revenue and taxation, 73 et seq. Revenue and taxation. See also that title FIRE LIMITS City 'commission; fire limits, erection and repair of buildings within, 35. FOWL. See: Animals and Fowl FRANCHISES General powers of the city enumerated, 7(I1) FREEHOLDERS General powers of the city enumerated; revenue bonds, 7(24) et seq. G GARBAGE General powers of the city enumerated, 7(12) General powers of the city enumerated; acquisition of propet~y for utilities, 7(2) General powers of the city enumerated; sewage and garbage disposal, 7(12) GAS General powers of the city enumerated; acquisition of property for utilities, 7(2) General powers of the city enumerated; n~intenance of public utilities, 7(8) General powers of the city enumerated; revenue bonds, 7(24) et seq. GOLF LINKS General powers of the city enumerated; acquisition of property for utilities, 7(2) 1998 S-8 Code Index 17 FIRE DEPARTMENT Pensions for fir¢fighters Accounting, 18-187 Application, 18-179 Average final compensation defined, 18-183 Compensation, limitation on, 18-190 Disability retirement benefits, 18-182 Early retirement, computation -of monthly income, 18-180.1 Ex officio membership of the fire chief on the board of trustees, 18-184 Investments, 18-181 Monthly retirement income, 18-180 Normal retirement date, 18-185 Payroll deductions, 18-186 Required distributions, 18-187 Repeal or termination of fund, 18-188 Social security. See that title FIRE PREVENTION AND PROTECTION Amendments to codes, 9-6 Control of automatic elevators, 9-65 Cost recovery for special operations and clean-up of hazardous materials, 9-61 Emergency fire watch standby coverage Emergency fire watch; disabled-system, 9-56 Standby fire and emergency medical coverage, 9-57 Enforcement authority, 9-2 Examination of building permits, 9-4 Fire codes adopted; standards, 9-3 Fire codes and fees Open burning, 9-13 Supplementary lighting system in places of assembly, 9-14 Key boxes/entry systems, 9-t5 Bulk storage of inflammable liquids in outside aboveground tanks, 9-16 Penetration of firewalls and fire breakS,,9-17 Fireworks, 9-18 Fire inspection fees, 9-19 Extension cords, control panels, and appliances, 9-20 Fire lanes on private property; blocked roadways, 9-21 Use of charcoal stoves; other d~vices lacking proper ventilation, 9-22 Fire hydrants and Fire Department connections, 9-23 Fire protection outside city, 9-51 Penalty, 9-1 Report of fire, 9-5 1999 S-10 Clmrter [adex 11 LANES General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) LIBRARY General powers of the city enumerated, 7(5) LICENSES AND PERMITS Beverage license General powers of the city enumerated, 7(17) General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) LIQUOR Beverage license General powers of the city enumerated, 7(17) M MACADAMIZING General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) MANAGER. See: City Manager MARKET HOUSES General powers of the city enumerated; acquisition of property for utilities, 7(2) MAYOR Administrative officers, departments and agencies, 49(a) Penalty for violation, 49(d) Compensation, 55 Duties, powers, privileges, 54 Election, 53 Call by mayor, 138 Merit system for personnel; classified and unclassified service, 72.1 Procedure, 53 When mayor to assume office, MERIT SYSTEM FOR PERSONNEL Classified service, 72.1 Established, 72 PersOnnel officer, 72.3 Scope of provisions, 72 Status of present employees, 72.2 Unclassified service, 72.1 1998 S-8 (~ode Index 16A FINANCES (Cont'd) Stonnwater utility fees, 26-400 et seq. Water and sewers. See that title FINGERPPANTS Peddlers and solicitors; fingerprints required, 17-1 FIRE CODES Fire breaks, penetration of, 9-17 Fire safety inspections for commercial activities, annual fees for, 9-19 Fire walls, penetration of, 9-17 Inflammable liquids in outside aboveground tanks Where bulk storage is prohibited, 9-16 National codes adopted, 9-15 1997 S-6 Clutrter Index 13 OFFAL - General powers of the city enumerated; sewage and garbage disposal, 7(12) OFFICERS AND EMPLOYEES Administrative officers, depa~tment~ and agencies, 49(a) Penalty for violation, 49(d) City attorney. See that title City auditor. See that title City clerk and tax collector. See that title City manager, supervision by, 49Co) Penalty for violation, 49(d) Elective officers QuaJifications generally Duties, oath of office, $2 Terms, $0 General powers of the-city enumerated; revenue bonds, 7(24) et seq. Interference with administration, 49(c) Penalty for violation, 49(d) Merit system for personnel, 72 et seq. Merit system for personnel. See also that title Officers hold until successors qualify Existing laws continued, 4 Police chief: See that title' Tax collector. See: City Clerk and Tax Collector OMNIBUSES General powers of the city enumerated; hawkers, peddlers, public carries, 7(18) et seq. P PARKS AND RECREATION General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) et seq. PART-TIME EMPLOYEES Merit system for personnel; classified and unclassified service, 72.1 PEDDLERS General powers of the city enumerated, 7(18) General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) et seq. PENSIONS AND RETIREMENT City commission; pemion and retirement systems, 20.1 PERMITS. See: Licemes and Permits PERSONNEL City manager, absence of, 72.13 Dismissal, causes for, 72.11 1998 S-8 Code Index 15 EMPLOYEES' PENSION PLAN--Cont'd Membership and service Creditable service, 18-77 Leaves of absence, 18-80 Membership, termination of, 18-79 Military and related service, 18-81 New members, 18-75 Original members, 18-74 Policemen, 18-76 Reemployment, 18-82 Service before effective date of plan, 18-78 Power to amend or terminate, 18-58 Qualified pension fund, 18-154 Retirement and retirement benefits Adjustments, 18-122 Beneficiary designations, 18-120 Benefits unassignable and not subject to process, 18-121 Corrections, 18-122 Death after retirement date, 18-116 Death before retirement date, 18-115 Delayed retirement, 18-113 Disability retirement benefits, 18-126 Eligibility for retirement Termination of services prior to, 18-117 Errors, 18-122 Member records, 18-120 Minimum benefit, 18-112 No interest in the fund, 18-123 Normal retirement, 18-111 Payments in case of legal or other disability, 18-124 Re-employment of members receiving benefits, 18-125 Retirement annuity option, 18-118 Retirement prior to normal retirement date, 18-114 Social security option, 18-I 19 Status statements, 18-120 Service. See within this title: Membership and Service Temporary limitations, 18-63 Termination of plan, 18-60 EMPLOYEES. See: Officers and Employees ENCLOSURES. See: Fences, Walls, Hedges and Other Enclosures ENGINEERING DEPARTMENT Administrator, 2-4 Established, 2-4 ENVIRONMENTAL REGULATION (Pt. III, Ch. 7.5) Central business district landscape code. See: Landscape Code 1999 S-11 Chart~ Index 15 PUBLIC UTILITY SYSTEM General powers of the city enumerated; maintenance of public utilities, 7(8) PUBLICATIONS Election.s; publication of proclamation, 138 RAILROADS AND TRAINS General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) et seq. RECREATION. See: Parks and Recreation RENTAL INCOME General powers of th~city enumerated; revenue bonds, 7(24) et seq. RETIREMENT. See: Pensions and Retirement REVENUE AND TAXATION Authority to levy, purposes Sinking fund for bonds, 75 Bonds. See that title Excise taxes, authority, 76 Fiscal year, def'mition, 73 General powers of the city enumerated; revenue bonds, 7(24) et seq. License taxes, authority, 76 Necessary revenue, determination of Certification of levy, 84 Property subject to taxation, 74 Publicity and advertising purposes Authority to levy special tax, 77 Report of taxes collected by collector Final report to council, 129 Revenue and taxation; report of taxes collected by collector Final report to council, 129 REVENUE BONDS General powers of the city enumerated; revenue bonds, 7(24) et seq. ROADS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) 1998 5-8 Code Index 13 DROUGHT Water' shortage plans, 26-38 et seq. Water and sewers. See that title DRUGS AND MEDICINES Nuisance abatement, 15-113 et seq. Nuisances. See that title Officers and employees; drug free workplace, 2-19 E ECONOMIC DEVELOPMENT Economic development generally, 8-1 ECOnomic development in Planned Industrial Development District, 8-2 EDUCATION ADVISORY BOARD. See: SCHOOLS ELDERLY PERSONS Senior advisory board, 2-141 et seq. Senior advisory board. See that title ELECTIONS Absentee voting permitted, 2-43 False statements or affidavits, 2-45 Filing fees, 2-42 Official ballot, 2-42 Polling places, designation of, 2-44 Vacancy in candidacy, 2-46 Voting districts, 2-41 ELECTRICITY Electricity and gas service tax, 23-14 et seq. Taxation. See that title EMERGENCIES Civil emergencies, 15-44 et seq. Civil emergencies. See also that title Water shortage emergencies, 26-38 et seq. Water shortage plan. See: Water and Sewers EMPLOYEES' PENSION PLAN Administration of the plan Actuarial review and services, 18-147 Administrative regulations authorized Distribution, 18-138 Adoption of tables, 18-148 Agents, 18-140 Annual reports by trustee or insurance company, 18-146 Application for benefits; procedures, 18-141 1997 S-6 Charter Index 17 TRAFFIC General powers of the city enumerated, 7(3) et seq. TRAILER PARKS AND CAMPS General powers of the city enumerated, 7(22) TRAINS. See: Railroads and Trains TREASURER Bond, 70 TRUCKS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) TUNNELS General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) U UTILITIES Property for utilities General powers of the city enumerated, 7(2) et seq. Public utility systems. See that title V VEGETATION General powers of the city enumerated; nuisances, trash, weeds, sanitation, etc., 7(13) VIADUCTS General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) VICE MAYOR Election, 53 Procedure, 53 W WAGONS General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) et seq. WAREHOUSES General powers of the city enumerated; acquisition of property for utilities, 7(2) WATER General powers of the city enumerated; acquisition of property for utilities, 7(2) et seq, WATERWORKS General powers of the city enumerated; acquisition of property for utilities, 7(2) 1~8 S-8 Code Index CONTRACTS AND AGREEMENTS Certain ordinances not affected by code, I-8 CONVENIENCE STORF.~ Security regulations re, 15-69 et seq. Stores. See that title. CO-PARTNERSHIPS Persons defined to include, 1-2 CORPORATIONS Persons def'med to include, 1-2 COUNTY Del'meal, 1-2 D DATA PROCESSING DEPARTMENT Established, 2-4.1 Functions, 2-4.1 DEPARTMENTS AND OTHER AGENCIES OF CITY Agencies, defined, 1-2 Boards, commissions, etc., generally Appointment of alternate members, 2-17 Minimum qualifications for membership, 2-16 Cemeteries; board of governors, 6-4 et seq. Cemeteries. See that title. Children and youth advisory board, 2-116 et seq. Minors. See that title. City commission. See that title. Code compliance board, 2-72 et seq. Code compliance board. See that title. Community redevelopment asency, 2-13.1 et seq. Community redevelopment asency. See that title. Community relations board, 2-101 et seq. Community relations board. See that title. Consultants; commissions, boards, etc. Independent of city council to follow article, 2-61 Education advisory board, 2-126 et seq. Schools. See that title. Employees' pension plan; administration of the plan Board, 18-136 et seq. Employees' pension plan. See that title. Engineerin8 department, 2-4 Fire department. See that title Fire prevention bureau, 9-29 et seq. Fire prevention bureau. See that title. 11 1998 S-8 CODE INDEX A ABANDONED PROPERTY Definitions, 10-50 Newsracks empty thirty continuous days, 15-87 Nuisance Abandoned or lost property on public property, procedure, 10-51 Abatement Bid procedure, 10-53 Costs, assessment of, 10-54 Storing, parking or leaving on private property declared, 10-52 ABANDONING OF DOMESTIC ANIMALS Generally, 4-2 ADVERTISING Advertising matter Unauthorized posting, 15-2 Circulars, throwaways and handbills Distribution, 15-3 Taxicabs; advertising in or on Vehicles, 24-33 AGENCIES. See: Departments and Other Agencies of City AGREEMENTS. See: Contracts and Agreemems AIRPORTS AND AIRCRAFT Aircraft and helicopter landings, 15-70 Spot landing approvals; regulations, 15-71 ALARM SYSTEMS Alarm business responsibility, 2.5-20 Audible alarms, 2.5-15 Business (alarm); central office required, 2.5-14 Idemification required, 2.5-14 Damage to property, 2.5-21 Decal required, 2.5-7 Definitions, 2.5-2 Duties of person notified, 2.5-9 Enforcement through codes enforcement board, 2.5-16 Failure to notify, 2.5-19 False alarms Departmental review of contested fees, 2.5-18 Excessive false alarms declared a public nuisance, 2.5-12 Prohibited; exceptions, 2.5-11 Response service fees; collection, 2.5-13 Fines; failure to pay, 2.5-17 Interference with city telephone trunk lines prohibited, 2.5-14 1999 S-10 1 Code Iudex IOA COMMUNITY RELATIONs BOARD Appoinunent, 2-103 Created, 2-101 Duties, 2-106 Filling vacancy, 2-105 Membership, 2-102 Terms, 2-104 CONSTRUCTION. See also: Buildings, Housing and Construction Regulations Exemption for trailers, 25-7 Noise control, 15-8 et seq. Noise. See ~at title CONSULTANTS. See: Purchasing and Consultants CONTRACTORS Licensing provisions, 13-19 1997 S-5 Code Index 3 ANIMALS AND FOWL--Cont'd Impounding fees, 4-22 Indecent exhibitions, 4-9 Keeping livestock, poultry, exotic and wild animals in city, 4-18 Kennel, stable, grooming parlors and pet shops, 4-29 Leash law and presumptions, 4-32 Livestock, poultry, exotic and wild animals running at large prohibited, 4-19 Maintaining place for fighting, 4-8 Manner of keeping and treating animals generally, 4-.4 Molesting, shooting, and catching birds unlawful, 4-6 Notice of impounding of licensed dogs and cats, 4-21 Notice to appear, 4-38 Nuisance, 4-13 Poisoning, 4-3 Presence in city owned park or recreation areas prohibited, 4-33 Procedure when dog bites a person, 4-16 Rabies vaccinations, 4-37 Records, 4-26 Release or interference with impounded animals, 4-24 Restraint of guard dogs, 4-35 Running at large prohibited, 4-31 Teasing and molesting animals, 4-5 Unlawful to keep stray animal, 4-7 Vicious animals, 4-15 Violations, 4-38 ANTENNA Community antenna television systems, 7-1 et seq. Community antenna television system. See also that title. APPEALS (Pt. III, Ch. 1) Administrative official, Art. I, § 1 Building board of adjustment and appeals, Art. I, § 3 City Commission, Art. I, § 4 Concurrency review board, Art. I, 9-2 Withdrawal or denial of appeal, Art. I, § 5 APPROPRIATIONS Certain ordinances not affected by code, 1-8 ASSOCIATIONS Person defined to include, 1-2 ATTORNEY. See: City Attorney AUTOMOBILES. See: Motor Vehicles AVIATION. See: Airports and Aircraft 1999 S-10 Code Index 9 CODE OF ORDINANCES (Cont'd) Designated, 1-1 ~ral p~nalfies Continuing violations; adjudging fu~s and imprisonments, 1-6 Reciprocity implied, 1-10 Repeal of ordinances, effect of, 1-4 Rules of construction, 1-2 ' Severability of pans of Code, 1-5 *Note-The adoption, amendment, repeal, omissions, effective date, txplanation of numbering system and dther matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. COIN-OPERATED MACHINES OR DEVICES Licensing provisiom, 13-21 COMMERCIAL ESTABLISHMENTS After-hours operation, 15-17 COMMISSION. See: Ci~ Commission COMMISSIONS. Sce: Departments and Other Agencies of City COMMUNITY ANTENNA TELEVISION SYSTEMS City manager Filings to b~ with, 7-5 Commission to perform duties in absenc~ of city manager, 7-9 Del'tuitions, 7-1 Duty to provide service, 7-8 Franchise required Unlawful acts and practices, 7-3 Franchises Acceptance, 7-22 Application; commission action Condition included in franchi~, 7-28 Commission may grant, 7-21 Compensation during 'hold over', 7-24 Effective date, 7-22 Faithful performance bond, 7-29 Fcc, 7-24 Franchise limitations, 7-26 Franchise renewal, 7-31 Inspection of records, 7-24 lnsuranco policies required for indemnification of city, 7-30 Payment by grantee, 7-24 Reports, 7-24 Rights granted under fr~hise, 7-25 Rights reserved to the city, 7-27 Term Grounds for termination prior to expiration of term, 7-23 1997 S-5 Code~d~ BUILDINGS--Cont'd Construction Noise control, 15-8 et seq. Noise. See that title Electricity. See that title Environmentally sensitive lands, Pt. ITl, Chi'7.5, An. IV Environmental regulation. See that title Excavafiom. See that title Flood damage prevention. See Buildings, Housing and Construction Regulations Gas. See that title Housing. See that title Land development regulations. See: Land Development Regula/ions (Pt. lid Landscape code. See that title Numbers Mandatory street numbers on ail buildings, 15-16 Parking lots. See that title Tree preservation, Pt. HI, Ch. 7.5, An. I Tree preservation. See aiso Trees BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS (Pt. HI, Ch. 20) Accessibility by handicapped, An. I, § 5 Building security code, An. I, § 8 Certificate of treatment for termites, 'An. I, § 2 Coastal building zone and code, An. I, § 6 Electrical code, An. II Energy efficiency code, An. V Fees, An. I, § 4 Flood damage prevention, An. VII Admires' tration, 2 Generally, 1 Provisiom for flood bn?nnl reduction, 3 Historic preservation, An. XIII Design conformance, 3 Generaily, 1 Waiver of technical requirements, 2 Housing, Art. VIil Generally, 1 Minimum standards, :2 Local housing assistance program, An. VIII, § 3 Minimum building and construction standards, Art. I, § 3 Penalties, Art. I,'§ l Swimming Pools and 'Spas, An. IX BURGLAR ALARM SYSTEbiS Alarm systems generaily, 2.5-1 et seq. C CAMPING City parks and beache~; camping, 16=57 1997 S-6 Code Index 7 CERTIFICATE OF PUBLIC CONVENrlENCE AND NECESSITY Taxicabs, 24-3 et s~q. Taxicabs. S~ also that title CHARITABLE SOLICITATIONS Generally, 17-34 et seq. .~ Peddlers and solicitors. See also that title CHECKS Overdraft service fee, 2-18 CHILDREN AND YOUTH ADVISORY BOARD. See: Minors CHURCHES Charitable solicitations; churches exempted, 17-36 Public service tax; exemption for churches, 23-17 CITY Defined, 1-2 CITY COMMISSION City council renamed city commission, 2-1.1 City manager, attendance at meetings, 2-29 Community antenna television systems; franchises Commission may grant, 7-21 Def'med, 1-2 Mayor. See that title Meetings Maintaining order, decorum thereat, 2-11 Minimum qualifications for appointment, membership, 2-16 Quasi-judicial proceedings before commissioner board; procedure for reconsideration, 2-20 CITY ENGINEER Engineering department. See also that title Administrator, 2-4 CITY MANAGER Appointment, 2-25 Bond, 2-27 - Commission meetings, attendance at, 2-29 Community antenna television systems; installation and maintenance City manager's action upon grantee's failure to perform street work, 7-47 Compensation, 2-26 Disability, 2-31 Powers and duties, 2-30 Qualifications, 2-25 Removal, 2-28 Temporary absence, 2-31 1997 S-5 Cod~ Index 7 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Taxicabs, 24-3 ~t s~q. Taxicabs. S~ also that title CHARITABLE SOLICITATIONS Generally, 17-34 et S~l. Peddlers and solicitors. See also that title CHECKS Overdraft service fee, 2-18 CHILDREN AND YOUTH ADVISORY BOARD. See: Minors CHURCHES Charitable solicitations; churches exempted, 17,36 Public service tax; exemption for churches, 23-17 CITY Defined, I-2 CITY COMMISSION City council renamed city commission, 2-1.1 City manager, attendance at meetings, 2-29 Community antenna television systems; franchises Commission may grant, 7-21 Del'reed, 1-2 Mayor. See that title Meetings Maintaining order, decorum thereat, 2-11 Minimum qualifications for appointment, membership, 2-16 Quasi-judicial proceedings before commissioner board; procedure for reconsideration, 2-20 CITY ENGINEER Engineering department. See also that title Administrator, 2-4 CITY MANAGER Appointment, 2-25 Bond, 2-27 _ Commission meetings, attendance at, 2-29 Community antenna television systems; installation and maintenanc~ City manager's action upon grantee's failure to perform street work, 7-47 Compensation, 2-26 Disability, 2-31 Powers and dutiea, 2-30 Qualifications, 2-2~ Removal, 2-28 Temporary absence, 2-31 1997 S-$ Cod~ Index BUILDINGS--Cont'd Consu~ction Noise conu'ol, 15-8 et seq. Noise. See that titie Electricity. See ~ title Environmentally sensitive lands, Pt. III, Chi 7.5, Art. IV Environmental regulation. See that title Excavations. See that titie Flood damage prevention. See Buildings, Housing and Construction Regulations Gas. See that title Housing. See that title Land development regulations. See: Land Development Regulations (Pt. m) Landscape code. See that title Numbers Mandatory street numbers on all buildings, 15-16 Parking lots. See that title Tree preservation, Pt. ITl, Ch. ?.5, Art. I Tree preservation. See also Trees BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS (Pt. IH, Ch. 20) Accessibility by handicapped, Art. I, § 5 Building security code, Art. I, § 8 Certificate of treaunent for termites, .Art. I, § 2 Coastal building zone and code, Art. I, § 6 Electrical code, Art. II Energy efficiency code, Art. V Fees, Art. I, § 4 Flood damage prevention, Art. VII Administration, 2 Generally, 1 Provisions for flood bn?~'d reduction, 3 Historic preservation, A~. XIH Design conformance, 3 Generally, 1 Waiver of technical requirements, 2 Housing, ArC VIII Generally, 1 Minhnum stm~lards, :2 Local housing assistanae progr~n, Ar~. VIII, § 3 Minimum building taxi consu-uction s~andards, A~. I, § 3 Penalties, AfL I, § l Swimming Pools and 'Spas, Art. IX BURGLAR ALARM SYSTEMS Alarm systems generally, 2.5-1 et seq. C CAMPING City parks and beaches; camp~, 16=57 1997 S-6 Code Index 9 CODE OF ORDINANCES (C~ont'd) D~ignat~d, 1-1 ~neral penalti~ Continuing violations; ad~udgin8 fin~ ~i imprisonmem$, 1-6 R~iprocity implied, 1-10 Repeal of ordinances, effect of, 1-4 Rules of construction, 1-2 Severability of parts of Code, *Note-l'he adoption, amendment, repeal, omissiom, effective date, explanation of numbering ~ystem and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of thi~ volume. COIN-OPERATED MACHINES OR DEVICES Licensing provisions, 13-21 COMMERCIAL ESTABLISHMENTS After-hours operation, 15-17 COMMISSION. See: City Commission COMMISSIONS. See: Degamnents and Other Agencies of City COMMUNITY ANTENNA TELEVISION SYSTEMS City manager Filings to be with, 7-5 Commission to perform duties in absence of city manager, 7-9 Definitions, 7-1 Duty to provide service, 7-8 Franchise required Unlawful acts and practices, 7,-3 Franchises Acceptance, 7-22 Application; conunission action Condition included in franchise, 7-28 Commission may grant, 7-21 Compensation durin~ "hold over", 7-24 Effective date, 7-22 Faithful performance bond, 7-29 Fee, 7-24 Franchise limitations, 7-26 Franchise renewal, 7-31 Inspection of records, 7-24 Insurance policies required for indemnification of city, 7-30 Payment by grantee, 7-24 Repons, 7-24 Rights granted under franchise, 7-25 Rights reserved to the city, 7-27 Term Grounds for termination prior to expiration of term, 7-23 1997 Code Index 3 ANIMALS AND FOWL--Cont'd Impounding fees, 4-22 Indecent exhibitions, 4-9 Keeping livestock, poultry, exotic and wild animals in city, 4-18 Kennel, stable, grooming parlors and pet shops, 4-29 Leash law and presumptions, 4-32 Livestock, poultry, exotic and wild animals running at large prohibited, 4-19 Maintaining place for fighting, 4-8 Manner of keeping and treating animals generally, 4-4 MoleSting, shooting, and catching birds unlawful, 4-6 NotiCe of impounding of licensed dogs and cats, 4-21 Notice to appear, 4-38 Nuisance, 4-13 Poisoning, 4-3 Presence in city owned park or recreation areas prohibited, 4-33 Procedure when dog bites a person, 4-16 Rabies vaccinations, 4-37 Records, 4-26 Release or interference with impounded animals, 4-24 Restraint of guard dogs, 4-35 Running at large prohibited, 4-31 Teasing and molesting animals, 4-5 Unlawful to keep stray animal, 4-7 Vicious animals, 4-15 Violations, 4.38 ANTENNA Community amenna television systems, 7-1 et seq. Community antenna television system. See also that title. APPEALS (Pt. III, Ch. 1) Administrative official, Art. I, § 1 Building board of adjustment and appeals, Art. I, § 3 City Commission, Art. I, § 4 Concurrency review board, Art. I, 9-2 Withdrawal or denial of appeal, Art. I, § 5 APPROPRIATIONS Certain ordinances not affected by code, 1-8 ASSOCIATIONS Person defined to include, 1-2 ATTORNEY. See: City Attorney AUTOMOBILES. See: Motor Vehicles AVIATION: See: Airports and Aircraft 1999 S-10 Code Index COMMUNITY RELATIONS BOARD Appointment, 2-103 Created, 2-101 Duties, 2-106 Filling vacancy, 2-105 Membership, 2-102 Terms, 2-104 CONSTRUCTION. See also: Buildings, Housing and Construction Regulations Exemption for trailers, 25-7 Noise control, 15-8 et seq, Noise. See that title CONSULTANTS. See..' Purchasing and Consultants CONTRACTORS Licensing provisions, 13-19 10A 1997 S-5 CODE INDEX A ABANDONED PROPERTY Definitions, 10-50 Newsracks empty thirty continuous days, 15-87 Nuisance Abandoned or lost property on public property, procedure, 10-51 Abatement Bid procedure, 10-53 Costs, assessment of, 10-54 Storing, parking or leaving on private property declared, 10-52 ABANDONING OF DOMESTIC ANIMALS Generally, 4-2 ADVERTISING Advertising matter Unauthorized posting, 15-2 CircUlars, throwaways and handbills Distribution, 15-3 Taxicabs; advertising in or on vehicles, 24-33 AGENCIES. See: Departments and Other Agencies of City AGREEMENTS. See: Contracts and Agreements AIRPORTS AND AIRCRAFT Aircraft and helicopter landings, 15-70 Spot landing approvals; regulations, 15-71 ALARM SYSTEMS Alarm business responsibility, 2.5-20 Audible alarms, 2.5-15 Business (alarm); central office required, 2.5-14 Identification required, 2.5-14 Damage to property, 2.5-21 Decal required, 2.5-7 Definitions, 2.5-2 Duties of person notified, 2.5-9 Enforcement through codes enforcement board, 2.5-16 Failure to notify, 2.5-19 False alarms Departmental review of comested fees, 2.5-18 Excessive false alarms declared a public nuisance, 2.5-12 Prohibited; exceptions, 2.5-11 Response service fees; collection, 2.5-13 Fines; failure to pay, 2.5-17 Interference with city telephone trunk lines prohibited, 2.5-14 1999 S-10 I Code Index CONTRACTS AND AGREEMENTS Certain ordinances not affected by code, 1-8 CONVENIENCE STORES Security regulations re, 15-69 et seq. ' Stores. See that title. CO-PARTNERSHTPS Persons defined to include, 1-2 CORPORATIONS Persons del'reed to include, 1-2 COUNTY Defined, 1-2 D DATA PROCESSING DEPARTMENT Established, 2-4.1 Functions, 2-4.1 DEPART?v~ENTS AND OTHER AGENCIES OF CITY Agencies, defined, 1-2 Boards, commissiom, etc., generally Appointment of alternate members, 2-17 Minimum qualifications for membership, 2-16 Cemeteries; board of governors, 6=4 et seq. Cemeteries. See t~t title. Children and youth advisory board, 2-116 et seq. Minors. See that tide. City commission. See that tide. Code compliance board, 2-72 et seq. Code compliance board. See that title. Community redevelopment agency, 2-13.1 et seq. Community redevelopment agency. See that tide. Community relations boa~, 2-101 et seq. Community relations board. See that title. Consultants; commissions, boards, etc. Independent of city council to follow article, 2-61 Education advisory board, 2-126 et seq. Schools. See ~ tide. £mploy~s' pension plan; admJnisLration of ~he plan Board, 18-136 et seq. £mployees' l~nsion plan. See tha~ tide. Engineering department, 2-4 Fire department. See that tide Fire prevention bureau, 9-29 et seq. Fire prevention bureau. See that tide. 1! 1998 S-8 Charter Indez TRAPI~C G~neral powers of ~e city ~n~t~, 7(3) et s~. T~ER P~S ~ C~S ~ner~ ~w~rs of ~ ci~ ~n~rat~, 7(22) T~NS. S~: ~lro~ ~d Tr~ ~AS~R Bond, 70 17 TRUCKS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) TUNNELS General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) U UTILITIES Property for utilities General powers of the city enumerated, 7(2) et seq. Public utility systems. See that title V VEGETATION General powers of the city enumerated; nuisances, trash, weeds, sanitation, etc, 7(13) VIADUCTS General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) VICE MAYOR Election, 53 Procedure, 53 W WAGONS General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) et seq. WAREHOUSES General powers of the city enumerated; acquisition of property for utilities, 7(2) WATER General powers of the city enumerated; acquisition of property for utilities, 7(2) et seq. WATERWORKS General powers of the city enumerated; acquisition of property for utilities, 7(2) 1998 S-8 Code Index 13 DROUGHT Water shortage plans, 26-38 et seq. Water and sewers. See that title DRUGS AND MEDICINES Nuisance abatement, 15-113 et seq, Nuisances. See that title Officers and employees; drug free workplace, 2-19 E ECONOMIC DEVELOPMENT Economic development generally, 8-1 Economic development in Planned Industrial Development District, 8-2 EDUCATION ADVISORY BOARD. See: SCHOOLS ELDERLY PERSONS Senior advisory board, 2-141 et seq. Senior advisory board. See that title ELECTIONS Absentee voting permitted, 2-43 False statements or affidavits, 2-45 Filing fees, 2-42 Official ballot, 2-42 Polling places, designation of, 2-44 Vacancy in candidacy, 2-46 Voting districts, 2-41 ELECTRICITY Electricity and gas service tax, 23-14 et seq. Taxation. See that title EMERGENCIES Civil emergencies, 15-44 et seq. Civil emergencies. See also that title Water shortage emergencies, 26-38 et seq. Water shortage plan. See: Water and Sewers EMPLOYEES' PENSION PLAN Administration of the plan Actuarial review and services, 18-147 Administrative regulations authorized Distribution, 18-138 Adoption of tables, 18-148 Agents, 18-140 Annual reports by trustee or insurance company, 18-146 Application for benefits; procedures, 18-141 1997 S-6 PUBLIC UTILITY SYSTEM General powers of the city enumerated; maintenance of public utilities, 7(8) PUBLICATIONS Eleaions; publication of proclamation, 138 '- R RAILROADS AND TRAINS General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) et seq. RECREATION. See: Parks and Recreation RENTAL INCOME General powers of the_city enumerated; revenue bonds, 7(24) et seq. RETIREMENT. See: Pensions and Retirement REVENUE AND TAXATION Authority to levy, purposes Sinking fund for bonds, 75 Bonds. See that title Excise taxes, authority, 76 Fiscal year, definition, 73 General powers of the city enumerated; revenue bonds, 7(24) et seq. License taxes, authority, 76 Necessary revenue, determination of Certification of levy, 84 Property subject to taxation, 74 Publicity and advertising purposes Authority to levy special tax, 77 Report of taxes collected by collector Final report to council, 129 Revenue and taxation; report of taxes collected by collector Final report to council, 129 REVENUE BONDS General powers of the city enumerated; revenue bonds, 7(24) et seq. ROADS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) 1998 S-8 Code Index 15 EMPLOYEES' PENSION PLAN--Cont'd Membership and service Creditable service, 18-77 Leaves of absence, 18-80 Membership, termination of, 18-79 Military and related service, 18-81 New members, 18-75 Original members, 18-74 Policemen, 18-76 Reemployment, 18-82 Service before effective date of plan, 18-78 Power to amend or terminate, 18-58 Qualified pension fund, 18-154 Retirement and retirement benefits Adjustments, 18-122 Beneficiary designations, 18-120 Benefits unassignable and not subject to process, 18-121 Corrections, 18-122 Death after retirement date, 18-116 Death before retirement date, 18-115 Delayed retirement, 18-113 Disability retirement benefits, 18-126 Eligibility for retirement Termination of services prior to, 18-117 Errors, 18-122 Member records, 18-120 Minimum benefit, 18-112 No interest in the fund, 18-123 Normal retirement, 18-111 Payments in case of legal or other disability, 18-124 Re-employment of members receiving benefits, 18-125 Retirement annuity option, 18-118 Retirement prior to normal retirement date, 18-114 Social security option, 18-119 Status statements, 18-120 Service. See within this title: Membership and Service Temporary limitations, 18-63 Termination of plan, 18-60 EMPLOYEES. See: Officers and Employees ENCLOSURES. See: Fences, Walls, Hedges and Other Enclosures ENGINEERING DEPARTMENT Administrator, 2-4 Established, 2-4 ENVIRONMENTAL REGULATION (Pt. III, Ch. 7.5) Central business district landscape code. See: Landscape Code 1999 S-Ii Charter Index 13 OFFAL ~' C-ener~t powers of the city enumerated; sewage and garbage disposal, 7(12) OFFICERS AND EMPLOYEES Administrative officers, departments and agencies, 49(a) Penalty for violation, 49(d) City attorney. See that title City auditor. See that title City clerk and tax collector. See that title City manager, supervision by, 49(b) Penalty for violation, 49(d) Elective officers Quzlifications generally Duties, oath of office, 52 Terms, 50 General powers of the-city enumerated; revenue bonds, 7(24) et seq. Interference with administration, 49(c) Penalty for violation, 49(d) Merit system for personnel, 72 et seq. Merit system for personnel. See also that title Officers hold until successors qualify Existing laws continued, 4 Police chief: See that title' Tax collector. See: City Clerk and Tax Collector OMNIBUSES General powers of the city enumerated; hawkers, peddlers, public carries, 7(18) et seq. P PARKS AND RECREATION General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) et seq. PART-~ EMPLOYEES Merit system for personnel; classified ~ unclassified service, 72.1 PEDDLERS General powers of the city enumerated, 7(18) General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) et seq. PENSIONS AND RETIREMENT City commission; pension and retirement systems, 20.1 PERMITS. See: Licenses and Permits PERSONNEL City manager, absence of, 72.13 Dismissal, causes for, 72.11 1998 S-8 Cod~ ~ 16A FII~ANCES (Cont'd) Stormwater utility fees, 26-400 et seq. Water and sewers. See that tide FINGERPRINTS Peddlers and solicitors; fingerprints required, 17-1 FIRE CODES Fire breaks, penetration of, 9-17 Fire safety inspections for commercial activities, annual fees for, 9-19 Fire walls, penetration of, 9-17 Inflammable liquids in outside aboveground tanks Where bulk storage is prohibited, 9-16 National codes adopted, 9-15 1997 S-6 Chnrter Index 11 LANES General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) LIBRARY General powers of the city enumerated, 7(5) LICENSES AND PERMITS Beverage license General powers of the city enumerated, 7(17) General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) LIQUOR Beverage license General powers of the city enumerated, 7(17) M MACADAMIZING General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) MANAGER. See: City Manager MARKET HOUSES General powers of the city enumerated; acquisition of property for utilities, 7(2) MAYOR Administrative officers, depaxtments and agencies, 49(a) Penalty for violation, 49(d) Compensation, 55 Duties, powers, privileges, 54 Election, 53 Call by mayor, 138 Merit system for personnel; classified and unclassified service, 72.1 Procedure, 53 When mayor io assume office, 15 MERIT SYSTEM FOR PERSONNEL Classified set, ice, 72.1 Established, 72 Personnel officer, 72.3 Scope of provisions, 72 Status of present employees, 72.2 Unclassified service, 72.1 1998 S-8 Code Index 17 FIRE DEPARTMENT Pensions for firefighters Accounting, 18-187 Application, 18-179 Average final compensation defined, 18-183 Compensation, limitation on, 18-190 Disability retirement benefits, 18-182 Early retirement, computation of monthly income, 18-180.1 Ex officio membership of the fire chief on the board of trustees, 18-184 Investments, 18-181 Monthly retirement income, 18-180 Normal retirement date, 18-185 Payroll deductions, 18-186 Required distributions, 18-187 Repeal or termination of fund, 18-188 Social security. See that title FIRE PREVENTION AND PROTECTION Amendments to codes, 9-6 Control of automatic elevators, 9-65 Cost recovery for special operations and clean-up of hazardous materials, 9-61 Emergency fire watch standby coverage Emergency fire watch; disabled~system, 9-56 Standby fire and emergency medical coverage, 9-57 Enforcement authority, 9-2 Examination of building permits, 9-4 Fire codes adopted; standards, 9-3 Fire codes and fees Open burning, 9-13 Supplementary lighting system in places of assembly, 9-14 Key boxes/entry systems, 9-15 Bulk storage of inflammable liquids in outside aboveground tanks, 9-16 Penetration of firewalls and fire breaks, 9-17 Fireworks, 9-18 Fire inspection fees, 9-19 Extension cords, control panels, and appliances, 9-20 Fire lanes on private property; blocked roadways, 9-21 Use of charcoal stoves; other devices lacking proper ventilation, 9-22 Fire hydrants and Fire Department cormeetions, 9-23 Fire protection outside city, 9-51 Penalty, 9-1 Report of fire, 9-5 1999 S-10 Charter Index ElVlPLOYEES. See: Officers and Employees ENTERPRISES General powers of the city enumerated; revenue bonds, 7(24) et seq. EXCISE TAXES General powers of the city enumerated; revenue bonds, 7(24) et seq. F FINANCE Bonds. See that title City commission; borrowing money Maximum issuance of notes, 37 General powers of the city enumerated, 7(5) General powers of the city enumerated; revenue bonds, 7(24) et seq. Public improvements and assessments. See that title Revenue and taxation, 73 et seq. Revenue and taxation. See also that title FIRE LIMITS City-commission; fire limits, erection and repair of buildings within, 35. FOWL. See: Animals and Fowl FRANCHISES General powers of the city enumerated, 7(I1) FREEHOLDERS General powers of the city enumerated; revenue bonds, 7(24) et seq. G GARBAGE General powers of the city enumerated, 7(12) General powers of the city enumerated; acquisition of property for utilities, 7(2) General powers of the city enumerated; sewage and garbage disposal, 7(12) GAS General powers of the city enumerated; acquisition of property for utilities, 7(2) General powers of the city enumerated; maintenance of public utilities, 7(8) General powers of the city enumerated; revenue bonds, 7(24) et seq. C.~LF LINKS General powers of the city enumerated; acquisition of property for utilities, 7(2) 1998 S-8 Code Index 19 GARAGE SALES--Cont'd Permit Conducting garage sales without, or making false statements in order to obtain Unlawful; penalties; prima facie evidence re, 13-58 Fee, 13-56 Limitation on number of permits issued, 13-57 Required, 13-54 -- Written statement prerequisite to issuance, 13-55 GARBAGE AND TRASH Abandoned property, 10-50 et seq. Abandoned property. See that title. City parks and beaches; refuse and trash, 1649 Garbage. See within this title: Refuse, Garbage and Trash Hurricane b~?~rds Lands to be kept free from matter occasioning, 10-3 Inspection of lands to determine violation. See within this title: Violation; Penalty Lands to be kept free from trash or filth, 10-2 Inspection of lands to determine violation. See within this title: Violation; Penalty Nuisance provisions. See within this title: Violation; Penalty Refuse, garbage and trash Burying prohibited, 10-26(d) City to collect and dispose of garbage Supervision, regulatory authority, 10-22 Construction, industrial or garage wastes, disposal of, 10-30 Containerized collection Commercial and multifamily residential, 10-25 Definitions, 10-23 Deposits, unlawful, 10-26(e) Frequency of collection, 10-26C0) Mulch or compost piles, 10-26(0 Noncontainerized collection Residential, 10-24 Rates and charge: Purpose, 10-28 Service provided by city, 10-29 Refuse storage sites Predeterminntion required, 10-26(a) Users of city system Recording and billing duties of sanitation supervisor, 10-26(c) Violatiom and unlawful acts, 10-31 Who may collect and convey, 10-26(g) Trash. See within this title: Refuse, Garbage and Trash Violation; penalty Abatement bid procedure, 10-9 Abatement 'by city, 10-8 Bidding and contracting provisions preemptive,' 10-10 Content and form of notice, 10-6 Hearing, 10-7 Inspection of lands to determine violations, 10-4 1998 So7 Charter ~ndex 7 D DAIRIES General powers of the city enumerated; nuisances, trash, weeds, sanitation, etc, 7(13) DAY LABORERS Merit system for personnel; classified and unclassified service, 72.1 DEMOLITION General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) DEPARTMENTS AND OTHER AGENCIES OF CITY Administrative officers, departments and agencies, 49(a) Penalty for violation, 49(d) City commission. See that title City manager, supervision by, 49Co) Penalty for violation, 49(d) General powers of the city enumerated; revenue bonds, 7(24) et seq. Interference with administration, 49(c) Penalty for violation, 49(d) Police department. See that title DILAPIDATED DWELLINGS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) DOCKS General powers of the city enumerated, 7(10), 7(20) General powers of the city enumerated; acquisition of property for utilities, 7(2) General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) . General powers of the city enumerated; improvements of streets, bridges, etc., 7(3)' DRAINS General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) DRAYS General powers Of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) EASEMENTS General powers of the city enumerated, 7(6) ELECTIONS Arrangements by council Inspectors and clerks, appointment, 143 Call by mayor, 138 1998 S-8 Code Index 21 INDECENCY AND OBSCENITY Animals and fowl; indecent exhibitions, 4-9 INDUSTRY Industrial sewage, 26-59 et seq. Water and sewers. See that title. INOPERABLE MOTOR VEHICLES. See: Abandoned Property INSURANCE Casualty insurers, excise tax on, 23-3 Community antenna television services Franchises; insurance policy, 7-30 Fire insurers, excise tax on, 23-3 Newsrack liability requirements, 15-85 Signs; liability insurance required, 21-12 Taxicabs; liability insurance required, 24-8 Tornado insurers, excise tax on, 23-3 J JUNK AND JUNKYARDS Automobile graveyards,, requirements for, 11-2 Definition, 11-1 Existing junkyards, requirements for, 11-2 Screening Specifications for, approval of, 11-3 JUNK DEALERS Dealing with minors, 15-7 JUNKED VEHICLES. See: Abandoned Property K KNIVES Switchblade knives, 15-12 L LAND (General regulations) Environmentally sensitive lands, Pt. rtl, Ch. ?.5, Art. IV Environmental regulation. See tha~ title. Garbage and trash. See that title. Inspection of lands to determine violation, 104 et seq. LAND DEVELOPMENT REGULATIONS OVote-Secn'ons contained within this title refer to sections found within Part III) Buildings, housing and comtruction regulations. See: Buildings, HoUsing and Construction Regulations 1998 S-? Clmrter Index CITY COMMISSION--Cont'd City manager, supervision by, 49Co) Penalty for violation, 49(d) Codification of ordinances Authority, publication, 33 Commission/manager integration, 49(c) .- Commission members, when to assume office, 15 Committee designation, 19 Compensation, 55 Contracting, authority Execution, attestation and seal, 21 Election of councilman Support by person connected with city government prohibited, 140 Expulsion of members, 18 Filling vacancy on, 5-1 Fines, 18 Fire limits, erection and repair of buildings within, 35 General ordinance enacunent power Enforcement, penalties, 27 Insurance plan, 20 ~udges of own qualifications, rules of procedure, 18 Meetings -- Date of regular meetings, 22 Frequency, 22 Merit system for personnel; classified and unclassified service, 72.1 Money, borrowing Maximum issuance of notes, 3? Offices Authority to create and abolish, 23 Penalties, 18 Pension plan, 20 Qualifications of members Forfeiture of office, 16 Quorum, 18 Revenue ami taxation; report of taxes collected by collector Final report to council, 129 Salaries to be fixed by resolution, 20 Special and regular meetings Rules of procedure; minutes, inspection of, 56 Utility franchises authorized Effective annexation on franchise, 31 Rights in city when franchises granled, 32 CITY MANAGER Absence, 72.13 Administrative officers, departments and agencies, 49(a) Penalty for violation, 49(d) City manager, supervision by, 49(b) Penalty for violation, 49(d) 1998 S-8 Code Index 23 LANDSCAPE CODE--Cont'd Central business district l~dscape code---Cont'd Performance surety, 6 Purposes, 2 Short title, 1 Construction of language and definitions, Art. H, § 3 Declaration of purpose and intent, Art. ri, § 2 Enforcement of code regulations and provisions; violations, penalties and other remedies, An. H, § 10 Landscape plan approval, Art. H, § 6 Landscaping requirements for certain yard areas and off-street parking and other vehicular use areas, Art. ri, § 4 Particular requirements, Art. ri, § 5 Performance surety, Art. ri, § 7 Short tide, Art. II, § 1 LIBRARIES Acts prohibited; penalty, 12-7 Board created, 12-1 By-laws, 12-3 Compensation, 12-2 Duties, 12-4 Meetings, 12-5 Membership, 12-1 Organization, 12-2 Powers, 12-4 Qualifications, 12-2 Quorum, 12-3 Regulations, 12-3 Removal of members, 12-6 Rules, 12-3 Terms, 12-1 Vacancies, 12-1 LICENSES AND PERMITS Alarm system operating permit, 2.5-3 et seq. Alarm systems. See that title. Application for license, 13-7 Certain ordinances not affected by Code, 1-8 Charitable solicitation; permit, 17-37 et seq. Peddlers and solicitors. See that title. City parks and beaches; permits re, 16-20 et seq. Parks and recreation. See that tide. Classification and fee schedule, 13-4 Administrative remedy to challenge, 13-6 Code enforcement, 13-17 Coin-operated vending machines, 13-24 Community antennae systems; installation and maintenance, 7-42 Conflict with statue, 13-3 Contractors, registration and regulation of, 13-21 1998 8-7 Clm.,'ter ~ndex 3 BONDS General powers of the city enumerated; revenue bonds, 7(24) et seq. Police chief; bond, 70 Revenue and taxation, 73 et seq. Revenue and taxation. See also that title Revenue bonds (general powers of the city enumerated) As special city obligation, 7(26) Fiscal agent, 7(28) Full authority, 7(29) Installment sales, 7(25) Lien, 7(26) Outstanding bonds, computation of, 7(80) Payment, 7(24) Prohibitions repealed, 7(31) Purposes, 7(24) _ Recourse against general fund, payment, 7(27) Security, 7(26) BOULEVARDS General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) BOUNDARIES . Generally, 6 Greater Boynton Beach Area BoUndaries and territory of, 6A BREAKWATERS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) BRIDGES General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) BUILDINGS Building condemnation General powers of the city enumerated, 7(20) BULKHEADS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) BUTCHER PENS General powers of the city enumerated; nuisances, trash, weeds, sanitation, etc., 7(13) CANALS General powers of the city enumerated, 7(10) General powers of the city enumerated; improvements of streets, bridges, etc., 7(3) CARRIAGES General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) General powers of the city enumerated; hawkers, peddlers, public carriers, 7(18) 1998 S-8 Code ~adex 24A LITTER Defined, 15-26 Gutters, sweeping or depositing into, 15-28 Private property, 15-31 Prohibited generally, 15-27 Public places, sweeping or depositing into, 15-28 Scattering of loads, prevention of, 15-33 Vacant property, 15-32 Vehicles, throwing from, 15-29 Water, throwing or depositing in bodies of, 15-30 LIVESTOCK Generally, 4-19 Animals and fowl. See also that title. LOADING AND UNLOADING Noise control, 15-8 et seq. Noise. See that title. LOCAL HOUSING ASSISTANCE PROGRAM, Part IH, Ch. 20, Art. VIII, § 3 1998 S-9 A ABANDONED VEHICLES Impounding, sale, redemption Disposition of proceeds, 7.1 ADMINISTRATIVE OFFICERS Administrative officers, departments and agencies, 49(a) Penalty for violation, 49(d) AGENCIES. See: Departments and Other Agencies of City AGREEMENTS. See: Contracts and Agreements AIRPORTS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings condemnation, 7(20) ALCOHOLIC BEVERAGES General powers of the city enumerated, 7(17) ALLEYS General powers of the city enumerated; improvements of streets, bridges, etc., 7(8) AMUSEMENTS General powers of the city enumerated; docks, wharves, sidewalks, etc.; buildings conderrmation, 7(20) ANIMALS AND FOWL Carcasses of dead animals -General powers of the city enumerated; sewage and garbage disposal, 7(12) General powers of the city enumerated, 7(13) ANNEXATION General powers of the city enumerated, 7(32) Contiguous municipality, 7(33) ARTESIAN WELLS General powers of the city enumerated; maintenance of public utilities, 7(8) ASHES General powers of the city enumerated, 7(1) General powers of the city enumerated; sewage and garbage disposal, 7(12) Special assessments General powers of the city enumerated, 7(4) ASSESSMENTS Public improvements and assessments. See that title ATTORNEY. See: City Attorney Code Index 25 LOCAL IMPROVEMENTS Certain ordinances not affected by Code, 1-8 LOUDSPEAKERS Noise control, 15-8 et seq. Noise. See that title.' M MANAGER. See: City Manager MAPS Numbers Mandatory street numbers of all buildings; establishmem, 15-16(0 MASTER PLAN REVIEW (Pt. III, Ch. 3) Administration, Art. I, § 3 Appeals, Art. I, § 4 Applicability, Art. II Exemption to master planning, 2 Master planning required, 1 Waiver of master planning, Art. II, § 3 Approval, Art. I, § 5 Master plan preparation and submission, Art. IV Master plan content, 3 Preparation, 1 Submission, 2 Technical review, 4 Preapplication conference, Art. III Procedure, 2 Written preapplication, 1 Prerequisites to master plan, Art. I, § 2 Purpose, Art. I, § 1 MAYOR Offices and titles of mayor and vice mayor retained, 2-1.1 Vice-mayor; duties and official designation, 2-9 MEDICINES. See: Drags and Medicines MINORS Children and youth advisory board Created, 2-116 Duties, 2-117 Meetings, 2-120 Organization, 2-119 Powers, 2-122 Recommendations, 2-118 1998 S-9 O. Parking lot maimenance. Parking lots in the city shall be maintained so as to not be a nuisance or hazard to the public, including portions of driveways which lie in the right-of-way. P. Sidewalks. Street sidewalks adjacem-~o parking lots shall be continuous through all driveways; shall be six (6) inches thick within driveway and shall meet handicap code requirement. Q. Parking lot pavement. Six (6) inches of Palm Beach County approved shell or lime rock on a twelve (12) inch sub-grade compacted to 98% of maximum dry density as determined by AASHO T- I80. Shell rock shall have a retention of 50 % over a number four sieve and shall have a minimum calcium carbonate content of 40% and a minimum modified proctor of 120 lbs. If lime rock is used, it shall meet the requirements of the current D.O.T. specifications for road and bridge construction. The compacted base shall be primed and paved with one inch of compacted Type S-II or S-III asphalt in compliance with F.D.O.T. standards. Other types of construction that may be submitted for approval are portland cement concrete, paving blocks, and stabilized sod. R. Stacking space at drive-up openings. Drive- up openings thru which food is passed shall be served by a drive-thru lane which provides a minimum of seventy (70) feet of vehicular stacking space which does not obstruct or restrict in any way the free movement of emergency vehicles, service vehicles or any other type of vehicle. Se~ also Chapter 9, Section 11, paragraph H. (Ord. No. 96-63, §§ 4, 5, 6, 7, 1-21-97) 7 1997 S-5 Code Index 27 NOISE--Cont'd Penalty for violations, 15-8.7 Prohibited acts, 15-8.5 Purpose and scope, 15-8.1 Short title, 15-8 Sound levels by receiving land use category, 15-8.8 Standards, 15-8.2 '- Terminology, 15-8.2 NON-SMOKING POLICY Non-smoking areas, 15-19 NUISANCES Garbage, nuisanc~ abatement provisions re, 10-4 et seq. Garbage and trash. See that title Nuisance abatement Board Conduct of hearing, 15-115 Created; organization, 15-113 Fines for noncompliance with orders, 15-115.5 Duration of lien, 15-115.5 Processing of complaints, 15-114 Definitions, 15-112 Judicial review, 15-116 Rights preserved, 15-117 Title, 15-111 NUMBER Defined, 1-2 O OATH Defined, 1-2 OBSCENITY. See: Indecency and Obscenity ODOR Animals and fowl; nuisance by odor, 4-13 OFFENSES Failure to respond to lawful process, 15-4 Obstruction of passageways, 15-9 State misdemeanors, adoption, 15-1 OFFENSIVE CONDITIONS Garbage and trash, 10-1 et seq. Garbage and trash. See also that title 1998 S-9 illumination (in foot candles) at roadway surface; certification of compliance with the Standard Building Code and capacity to withstand a 110 m.p.h, wind load; and proposed conduit routing. b. Pedestrian lighting. Walkways connecting parking lots to buildings or walkways between buildings shall be lit in such a manner a.s to provide a safe environment. c. Glare. Lighting shall be designed and installed in compliance with LDR Chapter 2, Section 4, Paragraph N7. B. Traffic control 1. Plan. Each parking lot traffic plan shall provide for stop signs at exits, directional arrows, internal traffic signs and information signs where appropriate. It is intended by these regulations that the applicant retains the responsibility for the proper and efficient movement of traffic onto and/or through the site "~r~d that additional signing may be required to accomplish the safe movement of traffic. The location and type of traffic control devices shall comply with city standards. 2. Signing and marking. All traffic signing and pavement marking shall comply with the U.S. Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices. Particular attention is directed toward Section 2A, which contains sign design, shape, color, mounting height and other conditions. Fire lane signs shall be maximum fifty (50) feet apart; fire lane curbing shall be painted reflective yellow; the words Fire Lane shall be painted in three (3) foot high letters {four (4) inch brush stroke} every fifty (50) feet using white traffic paint; and No Stopping or Standing signs shall be posted. C. Landscaping. 'Each parking lot shall be landscaped consistent with Chapter 7.5, Article H, Landscape Code, or in the instance of the central business district, chapter 7.$, Ankle IH, Landscape Code. D. Irrigation. Each parking lot shall be irrigated consistent with Chapter 7.5, Article II, Landscape Code, or in the instance of the central business district, Chapter 7.5, Article IH, Landscape Code. E. Curbs and car stops. Landscaped areas in parking lots shall be protected from the encroachment of vehicles by a continuous, raised curb, or in the instance of a parking stall, by a wheel stop or a raised continuous curb. Areas to be protected include all landscaped islands, landscaping adjacent to parking stalls and landscaping adjacent to curviIinear driveways where encroachment is likely to occur. Curb shall extend six (6) inches above pavement and shall comply with city standards utilizing twenty-five hundred (2500) psi concrete. F. Drainage. Storm water shall be contained on site. Containment capacity shall be designated for a minimum of two and one-half (2.5) inches of rainfall in one (I) hour. Drainage structures and french drains shall comply with minimum city standards. Catch basins shall be located in grassy areas unless otherwise approved by the director of development. For impervious areas exceeding twenty-five thousand (25,000) square feet, the parking lot and facilities shall be designed and certified by a Florida registered engineer. Maximum storage capacity of soil shall be considered at the rate of one (1) inch of water for each six (6) inches of soil above the water table. Drainage calculations are required in all instances. The hydraulic conductivity of soil shall be determined with tests made at the site using test procedures recommended by the South Florida Water Management District or other procedures which have been approved by the director of development. G. Reserved. H. Driveway. 1. Width. Parking lot driveways shall be a minimum width of twelve (12) feet. for one-way drives and twenty (20) feet for two-way drives, at the right-of-way line. Maximum width of any drive at the fight-of-way line shall be thirty-two (32) feet, unless otherwise approved by the director of development. 2. Drive radii. Each parking lot driveway shall have a radius at the intersection of the vehicular 1997 S-5 Code Index 29 PARKS AND RECREATION--Cont'd Board created--Cont'd Officers, 16-3 Powers, 16-5 Qualifications, 16-1 Terms, 16-1 Vacancies, 16-2 Boats and boating Boat club park, establishing hours of use at, 16-60 C-16 Canal (Pioneer Park) speed restriction on, 16-93.1 Enforcement, 16-95 Fueling or refueling of watercraft prohibited, 16-94.:5 Intracoastal waterway Wooden overlook at terminus of Casa Loma Boulevard Mooring or docking at, 16-94.:5 Mufflers required, 16-94 Overnight boat docking prohibited, 16-:59 Recreational vehicles, boats and boat trailers, 20-1 et seq. Recreational vehicles, boats and boat trailers. See also that title Speed causing harmful wake, 16-93 Boynton Canal and abutting property Use prohibited, 16-7 City parks and beaches Conduct regulated Alcoholic beverages permitted only at designated places Sale; drunkenness, 16-38 Animals prohibited, 16.39 Boat club park, establishing hours of use at, 1660 Boat docking overnight prohibited, 16-59 Camping, 16-57 Closed areas; entering, using, 16-4:5 Disorderly conduct, 16-46 Dogs prohibited in city owned park or recreation area, 4-39 Dressing and undressing, 16-52 Explosives, 16-40 Fireplaces and picnic areas, use of, 16-:55 Fires permitted only in designated areas Dropping inflammable material, 16-43 Fireworks, 1640 Fixtures; standing or sitting on, 1648 Gambling, 16-44 Games allowed only in designated areas, 16-:58 Hunting, 16-53 Lounging, 16.46 Picnic area Regulation authorized, 16-:54 Refuse, 16-49 Rest rooms, cooperation in keeping clean, 1647 Sleeping, 16-46 Soliciting prohibited, 1642 and purpose of this chapter, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare; and d. That a recommendation has been reviewed by the technical review committee of the City of Boynton Beach, and that the recommendation has been made a part of the public record. 4. Conditions. In granting a variance, the city Commission may prescribe appropriate conditions and safeguards in order to conform with the intent of this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall cause the variance to become null and void. (Ord. No. 96-63, § 2, 1-21-97) SeC. 4. Minlrmzm staQdards. All areas proposed for parking or storage including those instances exempted in Section 3 hereinbefore shall be improved to provide a hard, dust-free surface acceptable to the director of development. (Ord. No. 96-63, § 3, 1-21-97) ,~C. 5. PerlGittin~. A. When required. A permit shall be secured from the director of development prior to the construction of any parking lot. The issuance of a permit shall not relieve any party from obtaining the necessary permits which may be required by the various state, federal or local government agencies which have jurisdiction over the proposed construction, including, but not limited to, permits for paving and drairmge, lighting and irrigation. Final inspections of the parking lot for compliance with this chapter and other city code requirements and standards are required prior to the issuance of a certificate of occupancy. B. Permit application. In connection with a request for a permit to construct a parking lot, the owner, or his authorized agent, shall submit an application which shall include, but not be limited to, information and materials as follows: 1. Permit fee; 2. A sealed survey, not older than six (6) months which shows existing elevations and/or contours; existing easements or other encumbrances; existing structures and trees; and other topographical features. In addition, the survey must show elevations of adjacent properties and fights-of-way; right-of-way widths of. adjacent roadways; paving; sidewalks; elevations; utility lines; and other features; 3. Location of parking and loading facilities including calculations for the number of parking stalls required and the number of parking stalls provided, and the location of handicap parking stalls, signs and access ram~s; 4. A cross-section of the materials to be used in the construction of the parking lot; 5. A parking lot layout including striping; 6. Proposed site plan; 7. Parking lot lighting plan, including the location of lighting standards, pole types, luminaire types, illumination levels, direction of lighting and type of activating mechanism; 8. Cenifiedstatememofconformancewith Chapter 22, Streets and Sidewalks, of the City of Boynton Beach Land Development Regulations; 9. Location of existing and proposed streets to include ultimate rights-of-way. Dedication or fight-of-way is required in conformance with the city and county comprehensive planS; 10. On-site traffic plan including arrows and traffic signs; 11. Landscaping plan and tree preservation plan consistent with current city codes; 1997 S-5 12 Boynton Beach Code locations, not subject to flooding or erosion damage, for the proposed use. proposed use development. (7) The compatibility of the with existing and anticipated (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) 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. (11) 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. b. Upon consideration of the factors listed above and the purposes of this article, the building board of adjustment and appeals may attach such conditions to the granting of variances aa it deems necessary to further the purposes of this article. c. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 2. The buiMing board of adjustments and appeals shall hear and decide requests for variances from the requirements of this article. a. Conditions for variances: (1) Variances shall only beissued upon a determination that the variance is the mimmum necessary, considering the flood b~-~rd, to afford relief, and in the instance of a historical building, a determination that the variance is the mirth'hum necessary so as not to destroy the historic character and design of the building. b. Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victiroiz~tion of the public, or conflict with existing local laws or ordinances. c. Any applicant to whom a variance is 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. 3. Any person aggrieved by the decision of the building board of adjustment and appeals or any taxpayer may appeal such decision to the circuit court as provided in Florida law. 4. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set for'th in the remainder of this section. 5. The director of development shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. Sec. 3. Provisions for Flood H~-~rd Reduction. A. In General. In all areas of special flood bn,~rd the following provisions are required: Buildings, H~using and Construction Regulations l 1 l.F, 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 Section 3. 12. All records pertaining to the provisions of this article shall be maintained in the department of development and shall be open for public inspection. C. Permitting. Application for a permit shall be made to the development depa,i~ent prior to any development activities. Application shall include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question to be developed; existing or proposed structures; fill; storage of materials; drainage facilities/location. Specifically, the following information is required: 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 floodproofed. 3. Certification by a Florida registered engineer or architect that the structure meets the floodproofing criteria in article VII, Section 3.B.2. 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 floodproofing certification after the lowest floor 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. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or floodproofing 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, floodproofed 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 floodproofing 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-day calendar period and prior to submission of the certification shall 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. D. Variance procedures/appeals. 1. The building board of adjustment and appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the director of development in the enforcement or administration of this article. a. In passing upon such appeals, the building board of adjustment and appeals shall consider ali teclmical evaluations, all relevant factors, all standards specified in other sections of this article, and: (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facility to the community. (5) The necessity to the facility of a waterfront location, where applicable. (6) The availability of alternative 10 Boynton Beach Code scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses pem,,itted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of Boynton Beach, Florida, or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. L. Penalties for violation. Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Boynton Beach from taking such other lawful action as is necessary to prevent or remedy any violation. Sec, 2. Administration. A. Administrator. The directorofdevelopment is hereby appointed to administer and implement the provisions of this article. B. Duties and responsibilities of the administrator. Duties of the administrator or his designee shall include, but not be limited to: 1. Review all development permits to assure that the permit requirements of this article have been satisfied. 2. Advise permit'tee 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. 3. Notify adjacent communities and the state 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. within the watercourse diminished. Assure that maintenance is provided altered or relocated portion of said so that the flood-carrying capacity is not 5. 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 paragraph C. 6. Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with paragraph C. 7. 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. 8. In coastal high hazard areas, the administrator shall obtain certification for the adequacy of breakaway walls in accordance with article VH, Section 3.B.5.h. 9. When floodproofing is utilized for a particular structure, the administrator shall obtain certification from a registered professional engineer or architect. 10. Where interpretation is needed as to the exact location of the boundaries of the areas-of special flood ba~rd (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 this article. 11. When base flood elevation data has not been provided in accordance with article VH, Section Building, Hbusi~ and Construction Reaulations 9 Flood or 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. 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 b~,~rd have been defined. 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. 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. 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. Mangrove stand - an assemblage of trees which contain one or more of the following species: black mangrove, red mangrove, white mangrove and buttonwood. Mean sea level - the average elevation of the-sea for all stages of the tide. The term is synonymous with national geodetic vertical datum (NGVD). National geodetic vertical datum (NGVD) - a vertical control used for establishing varying elevations within the floodplain. New construction- structures for which the 'start of construction" commenced on or after the effective date of this article. Sand dunes - naturally occurring accumulations of sand in ridges or mOunds landward of the beach. F. Application. This article applies to all areas of special flood hazard within the jurisdiction of Boynton Beach, Florida. Those areas are identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM) 120196 0001- 0005, dated September 30, 1982, and any revisions thereto are adopted by reference and declared to be a part of this article. O. Development permit. Required prior to the commencement of any development activities. H. 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. I. Abrogation and greater restrictions. This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. $. Interpretation. In the interpretation and application of this article all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. K. Warning and disclaimer. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on Bo~nton Beach Code Buildings, Ho~ing and Construction Regulatiom 8A Base flood - a flood having a one (1) per cent chance of being equalled or exceeded in any given year. 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. Coastal high hazard area - the area subject to high velocity waters caused by, but not limited to, hurricane wave wash or tsunamis. The area is designated in a FIRM as zone V1-30, VE or V. 1996 8 Boynton Beach Code Statutes delegated the reSPonsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Commission of Boynton Beach, Florida, does ordain as set out herein. B. Finding of fact. 1. The flood hazard areas of Boynton Beach, Florida, are subject to periodic inundation which results in loss of life and property; health and safety hazards; disruption of commerce and governmental services; extraordinary public expenditures for flood protection and relief; and impairment of the tax base; all of which adversely affect the public health, safety and general welfare. 2. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise unprotected from flood damages. C. Purpose. It is the purpose of this ankle to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. 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; 2. Require that uses vulnerable to floods, including facilities which serve such uses, b~ protected against flood damage at the time of initial construction; 3. Comrol the-alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters; 4. Control filling, grading, dredging and other developmem which may increase erosion or flood damage; and, 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. D. Objectives. The objectives of this ankle 1. To protect human life and health; 2. To minimize expenditure of public money for costly flood-control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; 5. TO minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. To help maintain a sable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood-blight areas; and, 7. To insure that potential homebuyers are notified that property is in a flood area. E. Terms. Words or phrases used in this article shall have the meaning they have in common usage and to give this article its most reasonable application. 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. Area of spedal flood hazard - land in the floodplain subject to a one (1) per cern or greater chance of flooding in any given year. 1996 5-4 Building, Homing and Construction Regulatiom 7 forty-two (42) inches of the door's locking device, be of burglar resistant material, having security screening, or other auxiliary security devices. 13. Exterioridentification/nurnbering. All active entry and rear entry doors shall be identified with six-inch lettering, numerals or combination, in a conspicuous manner and of diverse coloration. 14. Parking identification. Assigned parking spaces shall not be identified to coincide with room number, name or unit address. G. Construction sites. The provisions of this subsection shall apply to any sites proposed for construction that are required to obtain commission approval. 1. Security measures at a construction site are determined after a security survey is conducted using the following procedures: a. One (i) staging area, to store equipment and park'machinery, must be fenced. ARTICLE H. ELEC~CAL CODE A. The National Electrical Code, 1996 Edition, including future editions or revisions, is hereby adopted as the uniform electrical code of the city. Electrical permit fees shall be as provided in article I, Section 4 of this chapter. B. The amendments to the National Electrical Code, 1996 Edition, said amendments being attached to Ordinance No. 96-40, are hereby adopted and incorporated herein, and replaces Section 90-10, in the National Electrical Code, 1996 Edition. C. All construction regulation fees as referenced or described in this code are subject to amendment by resolution by the City Commission. Current fee schedules shall be maintained on file in the Office of the City Clerk and shall be available, without charge, to the public. (Ord. No. 96-40, §§ 1, 2, 4, 5, 9-4'96) ARTICLE HI. RESERVED b. The staging area must be visible from an accessible roadway to allow effective police patrol. ARTICLE IV. RESERVED c. Lighting must be provided to allow complete visibility to the area. d. Padlock all storage trailers and park within staging area. 2. Items that must be discussed during a ~.~curity survey with the crime prevention bureau: ARTICLE V. ENERGY EFFICIENCY CODE The most current edition of the Florida Energy Efficiency Code for Building Construction is hereby established as part of the building code of the city, subject to such amendments, correction and additions as shall appear or are adopted pursuant to Section 553.901, Florida Statutes. a. The establishment and progressive evaluation of a security budget. ARTICLE VI. RESERVED b. The proper posting of the property. c. The proper storage and marking of machinery and tools. d. The methods of employee identification and active site security methods. 1996 S-4 ARTICLE VII. FLOOD DAMAGE PREVENTION Sec. 1. Generally. A. Statutory authorization. The Legislature of the State of Florida has in Chapter 166 of Florida 6 Boynton Beach Code F. Commercial structures. The provisions of this subsection shall apply to openings into commercial structures. hinge pins or a mechanical interlock to prevent removal of the door from the exterior by removing the hinge pins. 1. Exceptions: a. Openings where the smallest dimension is six (6) inches or less, provided that the closest edge of such opening is at least forty-two (42) inches from the locking device of the door or window assembly or is arranged to prevent reaching in and defeating the security device. b. Openings protected by required fire door assemblies having a fire endurance rating of not less than forty-five (45) minutes. c. An opening in an exterior wall when all portions of such openings are more than twelve (12) feet vertically or six (6) feet horizontally from an accessible surface of any adjoining yard, court, passageway, public way, walk, breezeway, patiO, planter, porch or similar area. d. Toilet rooms. 2. Obstructing exits, general. Security methods shall not create a hazard to life by obstructing any means of egress or any opening which is classified as emergency exiting facility. Security provisions shall not supersede the safety requirements relative to latching or locking devices on exit doors which would be contrary to the provisions of the Standard Building Code and the Life Safety Code, N.F.P.A. 101. 3. Entry vision. All entry doors shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door. Such view may be provided by a door viewer having a field of view not less than one hundred eighty (180) degrees. 4. Doors; swinging doors. Ail swinging doors shall be equipped with a single-keyed dead bolt with a one-inch minimum throw; see N.F.P.A. 101 for exceptions. 5. Hinges. Hinges which are exposed to the exterior shall be equipped with non-removable 6. Strike plate installation. Door jambs shall be solidly shimmed, extending not less than six (6) inches above and below the strike plate(s). Door jambs and frames shall be installed in accordance with manufacturing specifications. Strike plates shall be attached to wood with not less than two (2) No. 8, two-inch screws. Strike plates, when attached to metal, shall be attached with not less than two (2) No. 8 machine screws. Ail strike plates of doors in pairs shall be installed as tested. 7. Swinging double doors. The active leaf in pairs of swinging doors shall have locks as required for single swinging doors or be provided with multiple-point locks which contain inserts, each with one-inch minimum throw bolts and a cylinder lock. The inactive leaf in pairs of swinging doors shall be provided with threshold and header bolts that penetrate a strike with a minimum of five-eights-inch throw and half-inch minimum engagement. 8. Sliding doors. Sliding doors shall be equipped with a secondary locking device operable from the inside without the use of separate tools or key. 9. Salousie/louvered doors. Doors with jalousie or louvered panels shall have those panels protected by approved metal bars, security screens or grills. 10. Garage doors. Garage doors shall be equipped with a key operated exterior locking device or other device that, when activated, will resist unlawful entry. 11. Windows. Jalousie or louvered windows shall be protected by approved metal bars, security screens or grills. Sliding windows shall be equipped with a secondary locking device operable from the inside without the use of separate tools or key. 12. Fixed glazing/glazing set into doors. It is recommended that fluted glazing, larger than six (6) inches in any direction, located in a door, or within Buildings, gousin~ and Construction Regulations 5 requirements relative to latching or locking devices on exit doors which would be contrary to the provisions of the Standard Building Code and the Life Safety Code, N.F.P.A. 101. 4. Emergency escape or rescue windows. Bars, grills, grates or similar devices may be install&i in, on or over emergency escape or rescue windows or doors as required by the Standard Building Code provided: a. Such devices are equipped with approved release mechanisms which are openable without the use of special tools, keys, special knowledge or effort; and b. The building is equipped with smoke detectors installed in accordance with applicable fire and building codes. 5. Entry vision. All main or front entry doors to dwelling units shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door. Such View may be provided by a door viewer having a field of view not less than one hundred eighty (180) degrees. 6. Doors; swinging doors. All exterior swinging doors shall be equipped with a single-keyed dead bolt with a one-inch minimum throw. leaf in pairs of swinging doors shall have locks as required for single swinging doors or be provided with multi-point locks which contain inserts, each with one-inch minimum throw bolts and a cylinder lock. The inactive leaf in pairs of swinging doors shall be provided with threshold and header bolts that penetrate a strike plate with a minimum five-eights- inch throw and half-inch minimurn engagement. 10. Sliding doors. Sliding doors shall be equipped with a secondary locking device operable from the inside without the use of separate tools or key. 11. Jalousie louvered doors. Doors with jalousie or louvered panels shall have those panels protected by approved metal bars, security screens or grills. 12. Garage doors. Garage doors shall be equipped with a key operated exterior locking device. 13. Windows. Jalousie or louvered windows shall be protected by approved metal bars, security screens or grills. 14. Sliding windows. Sliding windows shall be equipped with a secondary locking device operable from the inside without the use of separate tools or key. 7. Hinges. Hinges which are exposed to the exterior shall be equipped with nonremovable hinge pins or a mechanical interlock to prevent removal of the door from the exterior by removing the hinge pins. 8. Strike plate installation. In wood frame construction any open space between trimmers and wood door jambs shall be solidly shimmed by a single piece extending not less than six (6) inches above and below the strike plate. Strike plates shall be attached to wood with not less than two (2) No. 8, two-inch screws. Strike plates, when attached to metal, shall be attached with not less than two (2) No. 8 machine screws. All strike plates or doors in pairs shall be installed in accordance with manufacturers specifications. 9. Swinging double doors. The active 15. Fixed glazing/glazing set into doors. It is recommended that fixed glazing larger than six (6) inches in any direction located in a door, or within forty-two (42) inches of the door's locking device, be of burglar resistant material, having security screening, or other auxiliary security device. 16. Exterior identification/numbering. Single-family units shall have their address numerals displayed in a conspicuous manner, four-inch minimum size and of diverse color. Multi-family units shall be identified with four-inch minimum address numerals of diverse color at front and rear entrances. 17. Parking identification. Assigned parking spaces shall not be identified to coincide with room number, name or unit address. 4 Boynton Beach Code :5. Maintenance. All buildings or structures, both existing and new, and all parts thereof shall be maintained in a safe and securable condition. All devices or safeguards, which are required by this code in buildings erected, altered or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings and structures. 6. Enforcing authority. It is hereby established that the City of Boynton Beach Department of Development, hereinafter known as 'department, ~ is charged with_the enforcement of this code. The rights and limitations of the department are those stated in the currently adopted building code where not in conflict with the scope of this code. Any appeal from the provisions of this section shah be to the building board of appeals. D. Terms. The following-words, terms and phrases shall have the meaning ascribed thereto: 1. Approved means approved by the development director or other authority having jurisdiction. 2. Bolt throw is the distance from the lock front surface to the farthest projected point on the bolt or latch at the center line when subjected to end pressure. 3. Burglar-resistant material means framed glass or glass-like materials that can withstand the impact of a five-pound steel ball dropped from a 'height of forty (40) feet and five ($) impacts from a height of ten (10) feet concentrated within a five-inch diameter area of the surface without release from frame. Tested in accordance with UL 72-1972. 4. Double-keyed dead bolt is a dead bolt lock actuated by a key from the inside and outside. 5. Louvers means a series of removable, fixed-slanted or movable slats. (Glass-louvered is descriptive of jalousies. Glass, wood or metal jalousies are considered to be louvers. Awning-type windows having sections more than twelve {12} inches in depth are not considered to be louvers). 6. Multiple-point lock is a system of lever- operated bolts that engage a door opening, at least at the head and sill, operated by a single knob or handle from the inside and, optionally, by a cylinder-locked handle from the outside. 7. Opening is a section of wall into which a door or an operable window is installed. 8. Single-keyed dead bolt is a lock bolt which does not have a spring action. This bolt must be actuated by a key from the exterior and a knob or thumb turn from the interior and when projected becomes locked against return by end pressure. 9. gtHkeplate is a metal plate designed to receive and hold a projected bolt. E. Residential structures. 1. Scope. This section applies to openings in dwelling units and to openings between attached garages and dwelling units. 2. Exceptions: a. Openings where the smallest dimension is six (6) inches or less, provided that the closest edge of such opening is at least forty-two (42) inches from the locking device of the door or window assembly or is arranged to prevent reaching in and defeating the security device. This subsection should be read in conjunction with subsection 15 herein. b. Openings protected by required fire door assemblies having a fire endurance rating of not less than forty-five (45) minutes. c. An opening in an exterior wall when all portion~ of such openings are' more than twelve (12) feet vertically or six (6) feet horizontally from an accessible surface of any adjoining yard, court, passageway, public way, walk, breezeway, patio, planter, porch or similar area. 3. Obstructing exits, general. Security methods shall not create a hazard to life by obstructing any means of egress or any opening which is classified as an emergency exiting facility. Security provisions shall not supersede the safety Buildings, Housing and Construction Regulations 3 certified, signed and sealed by a Florida registered engineer, and shall be submitted with the building permit application. (Ord. No. 96-60, § 2, 1-21-97) Sec. 8. BUilding security code. A. Title. This section may be known and cited as "The City of Boynton Beach Building Security Code" hereinafter referred to as the security code. B~ Rules of construction. For the purposes of administration and enforcement of this section, unless otherwise stated in this sect_ion, the following rules of construction shall apply to the text: 1. In case of any difference of meaning or implication between the text of this section and any caption, illustration, summary table or illustrative table, the text shall control. 2. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. 3. Words used in the present tense shall include the fUture and words used in the singular number shall include the plural, and the plural singular, unless the context clearly indicates the contrary. 4. The phrase "used for" includes "arranged for", "designed for", "maintained for" or "occupied for.'' 5. The word "person" includes an individual, a corporation, a pannership, an incorporated association or any other similar legal entity. 6. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and", or "either.. .or," the conjunction shall be interpreted as follows: a. "And" indicates that ali the connected terms, conditions, provisions or events may apply singly or in any combination. b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. c. "Either... or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination. 7. The word "includes" shall limit a term to the specified example, but is imended to extend its meaning to ail other instances or circurnstances of like kind or character. C. Administration: 1. General. This code is remedial, and shall be construed to secure the beneficial interests and purposes thereof which are health, safety and general welfare through minimum building security standards established to make buildings less susceptible to unlawfUl entry and more secure for those persons using said buildings. Strict compliance does not guarantee immunity from criminal activity, and the city assumes no responsibility nor liability for any loss or damage relating to security. 2. Applicability. This code applies to the construction, alteration, repair, change of occupancy classification or relocation of every building or structure or any appurtenances connected or attached to such buildings or structures occupied for commercial or residential purposes. 3. Existing buildings. Provisions set forth herein for building security are recommended for all existing buildings but shall not be mandatory except as set forth in subsection C.2. 4. Federal and state authority. This code shall not be held to deprive any federal or state agency, or any applicable governing body having jurisdiction, of any power or authority which it held on the effective date of the adoption of this code, or any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law. 1997 S-$ 2B Boynton Beach Code Buildings, Homing and Construction Regulations landward from the coastal construction control line as established pursuant to Section 161.053, Florida Statutes. Development projects within this zone must utilize best management construction techniques for natural resource protection and must conform to the goals, objectives and policies of the comprehensi.v_e plan of the city, Chapter BT, Coastal Management. 2A B. The coastal construction code was adopted on August 19, 1986 and applies to all construction within the coastal building zone. It is not set out at length herein, but is on file and available for inspection in the offices of the city clerk and the director of development. (Ord. No. 96-60, § 1, 1-21-97) Sec. 7. Soil tests. Where the bearing capacity of soil is not definitely known, the director of development may require test or other adequate proof to establish permissible safe bearing capacity. Tests shall be 1997 S-5 2B Boynton Beach Code Buildings, Housing and Construction Regulations ~A Sec. 6. Coastal building zone and code. A. The coastal building zone for the city is the land area from the seasonal high-water line landward to a line one th3usand five hundred (1,500) feet landward from the coastal construction control line as established pursuant to Section 161.053, Florida Statutes. Development projects within this zone must utilize best management construction techniques for natural resource protection and must conform to the goals, objectives and policies of the comprehensive plan of the city, Chapter B7, Coastal Management. B. The coastal construction code was adopted on August 19, 1986 and applies to all construction within the coastal building zone. It is not set out at length=_herein, but is on file and available for inspection in the offices of the city clerk and the director of development. (Ord. No. 96-60, § I, 1-21-97) Sec. 7. Soil tests. Where the bearing capacity of soil is not definitely known, the director of development may require test or other adequate proof to establish permissible safe bearing capacity. Tests shall be 1999 S-11 2 Boynton Beach Code 1. Reserved. 2. Levied. Eve.ry_.s.tructure located within the city and not yet appearing on the county tax roll, shall be subject to an interim services fee. This interim services fee shall be in effect from the date of the issuance of a certificate of occupancy or certificate of completion to January 1 of the year following the issuance of the certificate. Said fee shall be charged in accordance with the fee schedule which is attached to Ordinance No. 91-17 as Exhibit "B" and the computation hereinafter set forth. a. Dwelling unit computation. For the purposes of this subsection and Exhibit "B", dwelling unit computation shall be made as follows: (1) Each single-family unit, including condominium, apartment and hotel unit, shall count as one. (2) For commercial and/or industrial structures, divide the total building square footage for each such industrial and/or commercial structure by one thousand (1,000) square feet rounded to the nearest tenth (0.1). b. Fee determination; proration. The dwelling unit computation shall be utilized in conjunction with the fee schedule set forth in Exhibit "B' in computing the interim services fee. The following example illustrates how the interim services fee is arrived at: Example: A 22,565 square foot office building is issued a certificate of occupancy in December of any given year: 22,565 + 1,000 = 22.565 22.6 X $10.23 = $231.20 Interim services fee for this structure would be $231.20. 3. Procedure. The director of development shall collect the interim services fee prior to the issuance of a certificate of occupancy or certificate of completion by the development department. 4. Distribution. On a daily basis, the development department shall promptly remit monies collected pursuant to this section to the city finance director. 5. Eligibility for municipal services. No improvement shall be eligible for municipal services unless an interim services fee has been paid. 6. Creation of trust fund. The finance director shall deposit all funds collected into a nonlapsing trust fund established and maintained by the city. The use of such funds will be restricted and limited to expenditures for public safety, physical environment (public works administration-costs), maintenance and services for roads and streets, health (animal control), library and parks and recreation, which are associated with the properties from which the funds were collected. The city manager shall provide the City Commission with recommendations for expenditures of these funds during the annual budget process or from time to time as needed. Such expenditures of funds shall be limited to a percentile of total fees collected for each of the services as identified herein. The City Commission by resolution must approve all expenditures from said trust fund upon determination that said expenditures are appropriate. Sec. 5. Accessibility by handicapped. All construction must conform with federal, state and county accessibility rules and regulations including, but not limited to, the Florida Accessibility Code, January 1994 Edition. In addition, all interior doors in all dwelling units, hotel rooms and motel rooms on first floor only or floors serviced by elevators shall have a minimum of twenty-nine (29) inches clear opening, (door of at least thirty-two (32) inches in width) with the exception of storage rooms and closets. 1999 S-11 Chapter 20 BuILDINGS, HOUSING AND CONSTRUCTION REGULATIONS Art. I. Art. II. Art. III. Art. IV. Art. V. Art. VI. Art. VII. Art. VIII. Art. IX. Art. X. Art. Xt. Art. XII. Art. XIII. In General Electrical Code Reserved Reserved Energy Efficiency Code Reserved Flood Damage Prevention Housing Swimming Pools and Spas Reserved Reserved Reserved Historic Preservation ARTICLE I. IN GENERAL Sec. 1. Penalties. Any person convicted of the violation of any of the terms or provisions of this chapter or any code or .standards adopted hereby shall be punished as provided by Section 1-6 of the Code of Ordinances, If any person commences any work on a building, structure, plumbing, mechanical or gas system before obtaining the necessary permit, he shall be subject to a penalty of four (4) times the established permit fee. The director of development may allow a waiver of the penalty fee, in whole or in part, when such waiver does not violate the best interests of the city. Sec. 2. Certificate of treatment for termites. Before any slab inspection is performed by the development department for the continued construction of any improvements on any property in the city, the owner of said property or his contractor shall furnish a certificate from a city licensed exterminator that the soil has been treated for termites. Sec. 3. Minimnm building and construction standards. A. The Standard Building, Gas and Mechanical Codes, 1997 Edition, including future editions or revisions as adopted by the city, are hereby adopted as the minimum Building Code for the City of Boynton Beach. B. Chapter 1, Administration, as described in Exhibit A attached to Ordinance No. 99-16 is incorporated as if herein and replaced Chapter 1, Administration, in the Standard Building, Gas and Mechanical Codes, 1997 Edition, and the Standard Plumbing Code, 1994 Edition. C. All construction regulation fees as referenced or described in the above codes are subject to amendment by resolution by the City Commission. Current fee schedules shall be maintained on file in the Office of the City Clerk and shall be available, without charge, to the public. (Ord. No. 96-40, §§ 1 - 3, 5, 94-96i Ord. No. 99-16, § 1 -4, 6-15-99) Sec, 4. Fees. A. Permit fees. A permit shall not be issued until the minimum fee of thirty-five dollars ($35.00) or 1.6% of the total valuatiofi, whichever is greater, has been paid. The permit fee shall be based on the value of the proposed construction of all items specified and detailed on the plans and/or listed on the permit application. An amendment to a perrmt shall not be issued until the additional fee, if any, due to an increase in estimated cost of the building, electrical, plumbing, gas, mechanical, landscaping or site development, has been paid. B. Interim services fee. The City Commission hereby establishes an "interim services fee" which is an annual user charge applicable to structures certified for occupancy by the city development department but not appearing on the Palm Beach County tax rolls as an improvement to real property. 1999 S-II 10 i~ymoa Bes~h Code TelecommunicatiOn Towers and Amennas 9 3. Tower replacement; and 4. Rooftop or building antennas. The coordinator shall begin the review outlined in this Chapter, and schedule meetings with the Siting Review Committee and/or applicant as necessary.._ The reasons for rejecting any application filed under these provisions shall be explained, set forth in writing and be based on substantial evidence. The rejection of an application under this chapter does not prevent a person from filing an application for a special exception in accordance with applicable law. B. The issuance of a permit, however, is not a lease and no municipally-owned property may be used without a lease agreement with the City. The City may, as appropriate, to protect its property and the public interest, establish additional requirements. beyond the minimum requirements of a permit for municipally-owned property. This provision further does not preclude the city from issuing a letter of interest for the purposes of leasing sites on designated city property for the construction and installation of personal wireless service facilities. For designated neighborhood parks, the city will encourage the installation of facilities which have a minimal impact on the surrounding areas and are consistent with the development of the park. (Ord. No. 97-I0, § 2, 4-.15-97) 199'/S-6 8 Boynton Beach Code 4. The requirements of subsection 2. of this division will be deemed, to-have been met when an affidavit attesting to the execution, by the tower owner/operator, of an agreement authorizing the collocation of antenna or other similar tele- communications device. In other cases, the tower owner/operator must enter into an agreement with the city, acceptable to the city, to offer space on fair, re~onable, nondiscriminatory terms, at a fair market value, and to negotiate leases promptly and without undue delay. A condition of any permit for a Qualified Shared Facility shall be that the permit shall be terminated, and the facility removed or turned over to the city, if the city finds that the facility owner is not complying with its obligations under this Chapter and associated agreements with the city. The tower owner/operator shall hav~ sixty (60) days from the date the city provides notice to remedy the deficiency. 5. Collocationofcommunication antennas by more than one provider on existing or new tele- communication tower_s shall take pr~edence over the construction of new single-use' telecommunication towers. Accordingly, each application for a telecommunication tower shall include the following: a. A written evaluation of the feasibility of sharing a telecommunication tower, if an appropriate telecommunication tower or towers is/are available. The evaluation shall analyze one or more of the following factors: (1) Structural capacity of the tower or towers; (2) Radio frequency interference; requirements; (3) Geographical service area (4) Mechanical or electrical incompatibility; (5) Inability or ability to locate equipmem on the tower or towers; collocation; (6) Availability of towers for (7) Any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower. (8) Additional information requested by the city. b. The city may consider the ability of a provider to collocate on an existing structure in reviewing an application for a telecommunications tower. F. A telecommunication tower that is determined to be inappropriate for sharing shall be assumed to be inappropriate for sharing the same types of facilities in the future. Such towers will not need to be evaluated in the future regarding sharing with the same type of facility for which it has been determined to be inappropriate. The development department shall retain a list of such towers, and will provide a copy of the list to all potential applicants. The city may require additional sharing feasibility evaluations if warranted by changes in technology. (3. For any telecommunications tower approved for shared use, the owner of the tower shall provide notice of the location of the telecommunication tower and the tower's load capacity to all other providers. H. Public land or ri/bt-of-way lea~e agreements with respect to collocation of antennas will be established by separate instrument. (Ord. No. 97-10, § 2, 4-15-97) See. 7. Applications, A. The City shall act promptly on any application submitted in accordance with the provisions of this chapter. All applications shall be submitted to the Siting Review Committee Coordinator, as designated by the City Manager. The Siting Review Committee shall consist of staff members appointed by the City Manager, and shall place the application into one of the following categories: 1. Tower siting; 2. Collocation; 1997 S-6 Telecommzmie__~Hon Towers and Antennas 7 Antennas may e-xceed twenty (20) feet above the roofline in the REC and PU zoning districts if municipal purposes warrant additional height. B. Minimum standards. Building or rooftop antennas shall be subject to the following minimum standards: 1. Building rooftop stealth antennas shall only be permitted on buildings which are at least forty-five (45) feet tall, and must be stealth or architecturally screened; 2. No commercial advertising shall be allowed on an antenna; 3. No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal Communications Commission or the Federal Aviation Administration; 4. Any related unmanned equipment building shall comply with the Standard Building Code, as amended from time to time, and shall not contain more than 750 square feet of gross floor area or be more than twelve (12) feet in height; and 5, If the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than twenty five percent (25%) of the roof area. 6. Each application shall contain a rendering or photograph of the antenna including, but not limited to, colors and screening devices. This shall be subject to administrative approval by the Director of Development for consistency with the definition of stealth facility. C. Antenna Dimensions. Antenna dimensions shall be approved by the director of development as required by existing technology. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the State of Florida, to certify the need for the required dimensions. D. Aircraft hazard. Prior to the issuance of a building permit by the building division, department of development, the applicant shall provide evidence that the telecommunication towers or antennas are in compliance with Federal Aviation Administration (FAA) regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required. E. Fees. 1. Permit and zoning application fees for telecommunications towers or antennas shall be paid by applicant. 2. Public building lease agreements will be established by separate instrument. (Ord. No. 97-10, § 2, 4-15-97) Sec. 6. Shared Use of Communication Towers. A. Notwithstanding any other provision of this chapter, to minimize adverse visual impacts associated with the proliferation and clustering of tele- communication towers, collocation of facilities on existing or new towers shall be encouraged by: 1. Issuing permits to Qualified Shared Facilities at locations existing or new towers have sufficient loading capacity, as certified by an engineer licensed to practice in the State of Florida; and 2. Giving preference to Qualified Shared Facilities over other facilities in authorizing use at particular locations. B, For a facility to become a 'Qualified Shared Facility," the facility owner must show that: 1. The facility is appropriately designed for sharing; and 2. The facility owner is prepared to offer adequate space on the facility to others on fair and reasonable, nondiscriminatot7 terms. 3. To satisfy the requirements of subsection 1. of this division, the facility owner must submit a written evaluation of the structural capacity of the tower. 6 Boynton ~Code including but not limited to, 'LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals purposes, unless the city fire marshal determines that the proximity of a tele- communications tower does not pose any danger or risk of explosion or fire or unless used for backup power purposes. 3. The tower may be required to be relocated on the site to lessen the impact on adjacent parcels; and 4. The replacement tower shall be subject to administrative review by the Planning and Zoning and Development Dep~tments. 7. Fees and charges. Public land or right- of-way lease agreements shall be established by separate instrument. 8. Additional uses permitted on lot. Communication towers may be located on lots containing another principal use. Separation between communication towers and other uses on the lot may be required to ensure compatibility. Towers may occupy a leased parcel on a lot that meets the minimum lot size requirement of the zoning district in which it is located. For lease parcels not meeting the minimum lot size requirement, the city shall require the execution of a unity of title, unity of control, or other documentation as determined appropriate by the City Attorney. (Ord. No. 97-10, § 2, 4-15-97; Ord. No. 98-32, § 1, 9-3-98) B. Nonconforming towers. An existing nonconforming tower may be replaced subject to the criteria below. If the criteria is not met, the replacement shall cOmply with the siting requirements of this section. 1. The replacement tower shall accommodate a minimum of two providers; 2. The replacement tower shall be a stealth or monopole tower; 3. The tower may be required to be relocated on the site to lessen the impact on adjacent parcels; and 4. The replacement tower shall be subject to administrative review by the Planning and Zoning and Development. Sec. 4. Tower Replacement. Notwithstanding the above provisions of this section, towers in existence as of January 1, 1997, may be replaced with a tower of equal or less visual impact after approval by the city manager or her/his designee. However, if the proposed new tower would not be consistent with the minimum standards under Section 3 of this chapter, replacement must be approved by the city commission. 5. The tower shall be reconstructed to its original height or 150 feet, whichever is less. C. Accessory Structures. The size of an accessory structure or structures may be increased, subject to the Code of Ordinances, to accommodate collocation. The expansion shall be subject to administrative approval by the Planning and Zoning Department and the Department of Development. (Ord. No. 97-10, § 2, 4-15-9'/) A. Conforming towers. An existing conforming tower may be replaced subject to the criteria set forth herein. If the criteria are not met, the replacement tower shall comply with the siting requirements of this section. 1. The replacement tower shall accommodate a minimum of two providers; 2. The replacement tower shall be a stealth or monopole tower; Sec. 5. Antennas Not Located on Telecommunications Towers. A. Stealth rooftop or building mounted antennas not exceeding twenty (20) feet above the roofline and not exceeding ten (10) feet above the maximum height of the applicable zoning district may be~ permitted as an accessory use in all zoning districts except R-l-AAA, R-1-AAB, R-I-AA, R-l-A, R-I and R-2. 1998 5-9 Telecommtmic~tiOn Towers and Antennne 5 permit shall be required for all towers, support and accessory structures, antennas, and antenna attachments, except as otherwise provided by state or local law. 17. Removal of abandoned or unused facilities. A provider who has determined t6 discontinue its operations or part of its operations in the city must within ninety (90) days of discontinuance of use either: a. Remove its own equipment, including but not limited to the tower, antennas, generators, and service.facilities or cabinets, within ninety (90) days of the cessation of use; or b. Provide information satisfactory to the City Manager or designee that the provider's obligations for its equipment in the right-of-way or public easement or private property under this division have been lawfully assumed by another provider; or c. Submit to the City Manager or designee a proposal and instruments for transferring ownership of its equipment to the city. If a provider proceeds under this clause, the city may, at its option: (1) Assume ownership of the equipment for a ten ($10.00) dollar nominal consideration to provider; or (2) Require the provider, at provider's expense, to remove it; or (3) Require the provider to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment. Equipment of a provider who fails to comply with the preceding sentence and which, for six (6) months, remains unused, shall be deemed abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any remedies ~ fights has at law or in equity, including but not limited to, (1) abating the nuisance, (2) taking possession of the equipment and restoring it to working condition, or (3) requiring removal of the equipment by the provider or by the provider's surety under any maintenance bond required by the Code of Ordinances~ Telecommunications towers being used for other purposes, including but not limited to, light standards and power poles, may be exempt from this provision, subject to the requirement that all equipment except the tower structure itself be removed or abandoned as set forth above. 5. Inspections. a. Telecommunication tower owners' shall submit a report to the city building division, department' of development, certifying structural and electrical integrity on the following schedule: (1) Monopole towers- once every five (5) years; (2) Self-support/lattice towers - once every two (2) years; and (3) Guyed towers - once every two (2) years. b. Inspections shall be conducted by a registered engineer. The results of such inspections shall be provided to the building division, department of development. Based upon the results of an inspection, the Building Official may require repair or removal of a telecommunication tower. c. Should the building division, department development, have reason to believe a telecommunications tower site is not in compliance with applicable building and electrical codes, the city may conduct periodic inspections of the site to ensure structural and electrical integrity. The owner of the telecommunications tower may be required by city to have more frequent inspections should there be re, on to believe that the structural and electrical integrity of the tower is jeopardized. The city reserves the right to require additional inspections if there is evidence that the tower has a safety problem or is exposed to extraordinary conditions. 6. Telecommunications towers are prohibited when a proposed or existing principal use or uses within two hundred (200) feet of a proposed tower includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous wastes, 1997 S-6 4 b. Landscaping, consistent with the requirements of the Land Development Regulations, shall be installed and maintained around the entire perimeter of any fence or wall. Additional landscaping may be required around the perimeter of a fence or wall and around any or all anchors or supports if deemed necessary to buffer adjacent residential and non-residential properties. The city may require landscaping in excess of the requirements of the city code in order to enhance compatibility with adjacent residential and non-. residential land uses. Landscaping shall be installed on the outside of the perimeter fence or wall. c. Landscaping consistent with perimeter and on-site requirements of the Land Development Regulations shall be installed and maintained around any accessory buildings or structures. 8. High Voltage and "No Trespassing'' warning signs. a. If high voltage is necessary fo~ the operation of the telecommunications tower or any accessory structures, "HIGH VOLTAGE - DANGER" warnings signs shall be permanently attached to the fence or wall and shall be spaced no more than forty (40) feet apart. 'High Voltage" shall be del'reed according to OSHA standards. b. "NO TRESPASSING" warning signs shall be permanently attached to the-fence or wall and shall be spaced no more than forty (40) feet apart. c. The letters for the "HIGH VOLTAGE - DANGER" and "NO TRESPASSING" warning signs shall be at least six (6) inches in height. The two (2) warning signs may be combined into one (1) sign. The warning signs shall be installed at least five (5) feet above the finished grade of the fence. d. The warning signs may be attached to free standing poles if the content of the signs may be obstructed by landscaping. 1997 S-6 9. Equipment storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the telecommunication tower, unless repairs to the tower are being made. 10. Signs and advertising. The use of any portion of a wwer for signs or advertising purposes, including company name, banners, streamers, and the like, shall be strictly prohibited. 11. Accessory buildings or structures. All accessory buildings or structures shall meet all building design standards as listed in this Code, and in accordance with the provisions of the Standard Building Code, latest edition. All accessory buildings or structures shall require a building permit issued by the building division, department of development. 12. Colors. Except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommumcations towers, telecommunications towers shall be painted or constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting gray. 13. Non-interference. Each application to allow construction of a telecommunication tower shall include a statement that the construction ~ placement of the tower, will not unnecessarily interfere with public safety communications and the usual and customary transmission or reception of radio and television service enjoyed by adjacent residential and non-residential properties. 14. Parking. Communication towers shall be exempt from the parking requirements of the Land Development Regulations, unless otherwise required by the Planning and Zoning Director. 15. Generators. All generators or alternators used on site shall use propane fuel. Subject to the approval by the Director of Utilities and the Director of Development, the use of diesel powered emergency generators may be permitted where more than three (3) providers have collocated on a tower. 16. Building permits. In addition to the review processes required in this section, a building Telecommunication Towers and Antennas street. Lighting and Lightning rods up to eight (8) feet in length shall not be considered in measuring the height of the tower. distance from residential uses, existence of permanent screening and buffering, and location within a large area of commercial or industrial use; b. Telecommunication towers shall conform with the setbacks established for the underlying zoning district. c. Monopole, lattice or guyed tele- communication towers shall not be permitted within two hundred and fifty (250) feet of any residential district or residential portion of a PUD. d. Monopole, lattice or guyed tele- communication towers shall not be lOCated within seven hundred and fifty (750) feet of any existing monopole, lattice or guyed telecommunication tower. e. All buildings and other structur~ to be located on the same property as a tele- communication tower shall conform with the setbacks established for the underlying zoning district. f. Waiver or reduction of separation requirements. (1) Waivers or reductions of separation distances between wwers may be approved by the city commission subject to the criteria contained herein. (2) Requests for waivers or reductions of separation distances between towers shall be based upon the inability to collocate on existing towers or structures, the need to have more than one (1) tower, or the efficient use of available land within permitted zoning districts. The decision shall be based upon a finding of compatibility and competent and substantial evidence that the waiver request meets one or more of the following criteria: (a) Locationsl requirements/ limitations as established by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) or the Public Service Commission (PSC), if any; Co) Identification of a more appropriate site that does not meet the separation requirements above, by analysis of factors such as (c) To avoid the location of a tower on environmentally sensitive land, a wilderness area, a historical site, or other sensitive area; or (d) To reduce'the impact on adjacent residential uses. 4. Aircraft bnT~rd. Prior to the issuance of a building permit by the building division, department of development, the applicant shall provide evidence that the telecommunication towers or antennas are in compliance with Federal Aviation Administration (FAA) regulations. Where an antenna will not exceed the highest point of the existing structure upon which it is to be mounted, such evidence shall not be required. The 'least intensive nighttime method of illumination acceptable to the FAA shall be utilized. 5. Approval required from other governmental agencies. Each application for a telecommunication tower may be required to include written approval or a statement of no objection from other federal or state agencies that may regulate telecommunication tower siting, design, and construction. 6. FCC emissions standards. All proposed telecommunication towers and appurtenances and accessory equipment thereto shall comply with current Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation (NIER) and radio frequency emissions. 7. Buffering. a. An eight (8) foot fence or wall constructed in accordance with the Land Development Regulations, as measured from the finished grade of the site, shall be required around the base of each communication tower, tower service facilities, and each guy anchor. Access to the communication tower and its facilities shall be through a lOCked gate. 1997 2B Bo~nton Beach Code Telecommunication Towers and Antennas 2A towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two (2) users and at a minimum, self-support/lattice or guyed towers shall be able to accommodate at least three (3) users~ 3. Height/setbacks and related location requirements. a. The height of a tele- commtmications tower shall not exceed one hundred and fifty (150) feet. Tower height shall be measured from the crown of the road of the nearest public 1998 S-9 Boynton Beach Code antennas, antennas integrated into architectural elements, and telecommunication and/or personal wireless services towers designed to look like light poles, power poles, clock towers, or trees. Telecommunication tower - A guyed, monopole or self-support/lattice tower, constructed as a free- standing structure, containing one or more antennas used in the provision of personal wireless services, excluding radar towers, amateur radio support structures licensed by the FCC, private home use of satellite dishes and television antennas and satellite earth stationS installed in accordance with applicable codes. Whip antenna - A cylindrical antenna that transmits signals in 360 degrees. (Ord. No. 97-I0, § 2, 4-15-97) See. 3. Telecommnnicatiort~ Towers. A. Freestanding telecommunication towers may be permitted as a conditional use in accordance with the Land Development Regulations in the following zoning districts: 1. (REC) Recreation district greater than five (5) acres. On property owned by the city, the city shall authorize the application and use of city property after the applicant executes a lease agreement acceptable to the city. The city shall have no.obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. 2. (PU) Public Usage. On property owned by the city, the city shall authorize the application and use of city property after the applicant executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. 3. Industrial (M-l) zoning district provided the towers are an accessory use and are reviewed and approved in accordance with the Land Development Regulations of the city. A monopole type stealth facility must be utilized on vacant propet~y in M-1 'zoning districts. 4. Property owned by the city within a Planned Industrial Development (PID) district which is designated for recreation use. The city shall authorize the application and use of city property after the applicant executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. Tower locations shall be consistent with approved, proposed or anticipated plans for park development. Towers shall be designed for collocation and consistent with rules and regulations internal to a P.I.D. B. Stealth towers shall be architecturally compatible with existing buildings/structures on site; consistent with the character of existing uses on site; contain communications equipment or devices that it is not readily identifiable; and shall not exceed 150 feet in height. C. Minimum standards. Every tele- communications tower must meet the following minimum standards: 1. Prior to the issuance of a building permit by the building division, depa~m~ent of development, a site development plan shall be presented for approval to the planning and zoning department and the department of development. Each application for a proposed telecommunication tower shall include all requirements for site development plan approval as required by the Land Development Regulations. Each application shall contain a rendering or photograph of the tower, including but not limited to, colors and screening devices. 2. A statement shall be submitted, prepared by a professional registered engineer licensed to practice in the state, which through rational engineering analysis certifies the tower's compliance with applicable standards as set-forth in the Standard Building Code, latest edition, and the Code of Ordinances; and describes the tower's capacity, including an example of the number and type of antennas it can accommodate. No rower shall be pen'nitted to exceed its loading capacity. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the tower. All 1998 S-9 Chapter 10 -TELECOMMUNICATION TOWERS AND ANTENNAS Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Intent Del'tuitions Telecommunications Towers Tower Replacement Antennas Not Located on Telecommunications Towers Shared Use of Communication Towers Applications Sec. 1. Intent. The regulations and requirements of this chapter are intended to: A. Promote the health, safety and general welfare of the citizens by regulating the siting of' telecommunications towers; B. Provide for the appropriate location and development of telecommunication towers and antennas within the city; C. Minimize adverse visual effects of telecommunication towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; D. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; E. Protect residential areas and land uses from potential adverse impacts of telecommunication towers and antennas by maximizing use of any new or existing telecommunication towers through shared use, for exarnple, co-location, to reduce the number of towers needed. (Ord. No. 97-10, § 2, 4-15-97) See. 2. Deflnittom. The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: 1997 S-6 Accessory use - A use incidental to, subordinate to, and subservient to the main use of the property. As defined in this section, an accessory use is a secondar'y use. Antenna - A transmitting and/or receiving device and/Or relays used for personal wireless services that radiates or captures electromagnetic waves, including directional antenaas, such as panel and microWave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations. Extraordinary conditions- Subsequent to a hurricane, flood or other natural disaster. Guyed tower - A telecommunication tower that is supported, in whole or in part, by guy wires and ground anchors. Microwave dish antenna - A dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data. Monopole wwer A telecommunication tower consisting of a single pole or spire self-supported by a permanent foundation, constructed without guy wires and ground anchors. Panel antenna - an array of antennas designed to concentrate a radio signal in a particular area. Roofline - The overall ridge line of the structure which does not include cupolas, elevator towers, clock towers or other features that are permitted to exceed the maximum height of the building. Self. support~lattice tower- A telecommunication tower that is constructed without guy wires and ground anchors. Stealth facility - Any telecommunications facility which is designed to blend into the surrounding environment and which is incorporated into and is compatible with uses otherwise permissible on site. Examples of stealth facilities include, but are not limited to, architecturally screened roof-mounted 6 Boynton Beach Code 1. Overhead ~ioors shall not be located on a building facade(s) that faces any of the above public or private street. 2. Industrial buildings located on any of the above streets shall be designed in such a manner so as to disguise their typical warehouse appearance. L. See also "Signs', Section 10.I. above. (Ord. No. 95-04, § 1, 3-21-95; Ord. No. 95-37, § 1, 10-17-95; Ord. No. 96-31, § 1, 5-21-96) 1996 5-3 4. A minimum ten (10) foot wide buffer strip shall be imtalled between the street right-of-way and the drive-through lane, along the entire leng~ of the drive-through lane facing the street, and sl~ll be provided in lieu of any landscaping required by the landscape code for vehicular use areas adjacent to a public right-of-way. The width of the buffer strip shall exclude utility easements. 5. The landscape buffer strip referenced above shall contain a minimum two (2) foot tall earth berm along the entire length of the drive-through lane facing the stree~ and shall have a slope not to exceed a ratio of three-to-one (3:1). 6. The landscape buffer strip referenced above shall be planted with a minimum of one (1) tree, a minimum of twelve (12) feet ~ll, for each thirty (30) linear feei, or fraction thereof, of drive- through laneage facing the street. In addition, there shall be planted within this buffer strip a continuous solid visual screen at least three (3) feet in height within one year of installation. This screen shall be comprised of at least two different species of shrubs planted in groupings or undulating rows. The shrubs shall be a minimum of three (3) gallons in size with an 18-24 inch spread, full to base, at time of planting. Ground cover shall be planted within 25 % of the required area of the landscape buffer strip. ?. The landscape buffer strip referenced above shall use plant materials that meet the quality requirements of the city's landscape code. I. All building facades of a building that face or are visible from public or private streets shall be designed to be as auractive in appearance as the from of the building. I. Due to the high degree of visibility of buildings located on Hypoluxo Road, Miner Road, Congress Avenue, Lawrence Road, Gateway Boulevard, Quantum Lakes Drive, Old Boynton Road, Knuth Road, Woolbright Road, Boynton Beach Boulevard, Winchester Boulevard, High Ridge Road, Seacrest Boulevard, Golf Road, Ocean Avenue, Federal Highway, Old Dixie Highway, N.E. 10th Avenue and $.E. 36th Avenue; most of which are considered entrances to the City, the following additional exterior design requirements apply: 1996 S-3 4 Boynton Beach Code limitations shall not apply to non-word depictiom on signs. 5. Freestanding directory signs, internally located within the site are encouraged rather than multiple tenant listings on freestanding identification signs. 6..Sign lettering shall be easy to read and in scale with the building or tenant space on which it is located. 7. Small lettering on freestanding identification signs located close to entrances shall not be allowed. Lettering size shall take into consideration the traveling speed of the adjacent street. 8. The number of different lettering styles on tenant signage on multiple tenant buildings and their outbuildings and outparcels shall be limited to one in addition to the lettering styles of the nationally registered copy of all tenants located within the building and its outbuildings and outparcels. (Ord. No. 95-04, § 1, 3-21-95; Ord. No. 96-59, § 2, 1-21-97) Sec. 11. Exterior Buildin~ Design. A. Building design approval shall be based on the use of the structure, its relationship to the site, and its compatibility with the surrounding natural and built environment. B. When a distinct development or architectural pattern exists within a surrounding two block area, consistency with that pattern shall be required, unless the pattern of development is in a dilapidated condition. This provision shall not require buildings to be exact copies of each other. C. Buildings or structures which are perceived as pan of a present or future group of buildings shall exhibit similar, unifying design elements. D. When the area involved forms an integral part of, or is immediately adjacent to, or otherwise clearly affects the future of any established section of the city, the design, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of that section of the city. E. Rooftops will be treated as part of the building elevation. All rooftop equipment must be completely screened from view at a minimum distance of 600 feet. F. All building designs shall achieve a sense of human scale through use of insets, balconies, window projections and other building elements in the design of a structure. G. Buildings, which are of symbolic design for reasons of advertising, unless otherwise consistent with the criteria herein, shall not be allowed. Symbols attached to buildings shall not be allowed, unless they are secondary in appearance to the building and landscape and are an aesthetic asset to the building. H. Drive-up or walk-up windows for commercial uses shall not be located on a building facade that faces a public or private street, unless the following requirements are met: 1. The building facade shall have windows that occupy no less than 25 % of the facade and that are located at the pedestrian level. A maximum of 10% of this 25% may be simulated windows. 2: The building facade shall be modulated and divided into smaller identifiable pieces to articulate the plane of the facade. 3. The building facade shall have at least one offset having a pitched roof. 1997 S-5 o · CornrrlUll~iy Design Plan B. Vehicular and Pedestrian Circulation. 1. Separate vehicular and pedestrian circulation systems on a site are encouraged. 2. Vehicular and pedestrian circulati.on systems on adjacent properties shall be linked to encourage cross-access. 3. Parking lots and other vehicular use areas shall be integrated with surrounding structures and with the building, or group of buildings, that they serve. 4. Design emphasis shall be given to the entrances and exits to parking areas, through use of landscaping. C. Service Areas. 1. Lighting fLxture height, style, design and illumination level shall be compatible with the building design and height and shall consider safety, function and aesthetic value. 2. Lighting Shall not be of an intensity that produces glare on adjacent properties. 3. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged. 4. Lighting may be used to illuminate a building and its grounds for safety purposes and to enhance its beauty. However, the visual effect shall be subtle. 5. Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day. 1. Unloading and loading areas shall be screened from streets and public view by a buffer wall or continuous vegetative buffer. Vegetative buffers shall be comprised of shrub and tree species having dense foliage and of a size and spacing to form a continuous screen of plant material as required by the Landscape Code. 2. All dumpsters and recycling receptacles shall be located on site so that they are easily accessible for pickup. No trash receptacles shall be located in a parking space. 3. All dumpsters, recycling receptacles and lift stations shall be screened from public view with a six foot high, concrete block stuccoed wall. Such enclosure openings shall have gates. 4. Exterior utility boxes, meters, transformers, etc. shall be screened from public view by a buffer wall or continuous vegetative buffer as required by the Landscape Code. E. Wails, fences, enclosures, and similar incidental site structures shall resemble, with respect to color and materials, the design of the principal buildings and shall be integrated with other site elements. F. Exterior Lighting. 6. Lighting attached to the form of the exterior of the building or part of the building exterior or visible from the exterior of the building shall not be .permitted if it is contrary to the architectural style of the building. H. Sculptures, fountains, gardens, pools, trellises and benches shall be encouraged within the site design. I. Signs. 1. Signs shall be designed and treated as pan of the architecture of a building and shall be reviewed at time of site plan review. 2. A single sign style (such as cabinet, channel, reverse channel) shall be used for wall signage on all buildings on a site. 3. Sign colors shall be comPlementary to the colors of the structure on which it is located. The number of colors used for tenant signage for multiple tenant buildings and their outbuildings and out'parcels shall be limited to two, in addition to white and black. Colors of nationally registered copy of tenants within the building shall be included in this limitation. 4. Non-word depictions on signs shall be limited to 20% of the area of the sign erected. Color 1997 S-5 2 Boynton Beach Code Chapter 4, all projeds subject to compliance with the community design plan shall submit elevation drawings of all sides of each building proposed to be developed on the site. Colored elevations will only be required for the front elevation of a structure when all sides of a building are consistent in color and materials. Each colored elevation drawing shall identify the type of each exterior finish material and state the color by name, manufacturer and model or style number. A color sample shall be submitted as an example along with the color or product identified on the plans. The sample will be used for the final site inspection to ensure that the product and color represented at time of site plan approval. For projects which require site plan approval, all colored elevation drawings and/or samples shall be submitted to the Planning and Zoning Department by the site plan approval deadline date. (Ord. No. 95-04, § 1, 3-21-95) Sec. 6. Exemptions. Single-family and duplex dwelling units on individually platted lots shall be exempt from this chapter. (Ord. No. 95-04, § 1, 3-21-95) Sec. 7. Adwini~tration and interpretation of regulations and provisions. A. The interpretation and application of this chapter by the Planning and Zoning Department shall be reasonable and uniformly applied to all property, except those exempt in Section 6 above, within the City of Boynton Beach. B. The regulations and provisions of this chapter shall be held to the minimum requirements adopted for the protection and promotion of the public health, safety, comfort, convenience, order, appearance, prosperity or general welfare. C. Whenever the regulations and requirements of this chapter are at variance with the requiremems of any other lawfully enacted and adopted rules, regulations, ordinances or laws, the most restrictive shall apply. (Ord. No. 95-04, § 1, 3-21-95) Sec. $. Reserved. Sec. 9. General Intent. A. Buildings, structures and site elements are '- not required to match surrounding existing developments, but shall be in visual harmony with surrounding developments. B. Buildings or structures located on separate parcels and buildings or structures part of a present or future multi-building complex, shall achieve visual unity of character and design concepts through the relationship of building style, texture, color, materials, form, scale, proportion and location. (Ord. No. 95-04, § 1, 3-21-95) Sec. 10. Site Criteria. A. Building Location. 1. Outbuildings, either located on the same parcel or an adjacent parcel as the principal building, shall not be located so as to totally block from the street, the visibility of any tenant space within the principal building on the site. Blocking shall be considered to occur if at the street frontage, the head-on view of a tenant space within the principal building is not partially visible. 2~ Buildings shall be designed and sited to fully utilize the site and avoid unusable or inaccessible open space or parking spaces. 3. Siting and orientation of buildings must respond to the pedestrian and/or vehicular nature of the street on which it is located. 1997 S-5 " Chapter 9 COMMUNITY DESIGN PLAN Sec. 1. Title Sec. 2. Purpose Sec. 3. Definitions Sec. 4. Applicability Sec. 5. Community Design Review and Approval Sec. 6. Exemptions Sec. 7. Administration and Interpretation of Regulations and Provisions Sec. 8. Reserved Sec. 9. Generallntent Sec. 10. Site Criteria Sec. 11. Exterior Building Design the cost of which equals or exceeds fifty (50) per cent of the value of the structure as established by the most recent Palm Beach County ad valorem tax bill, either (1) before the improvement or repair is started, or (2) 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. (Ord. No. 95-04, § 1, 3-21-95) Sec. 1. Title. This chapter shall be known and may be cited as the "Boynton Beach Community Design Plan". (Ord. No. 95-04, § 1, 3-21-95) Sec, 2. Purpose. The purpose of this chapter is to promote harmony with nature and a pleasant and comprehensible cohesiveness among development within the City of Boynton Beach. Through enforcement of this Community Design Plan, the local elected officials shall determine the basic aesthetic character to be achieved in the development of the community. (Ord. No. 95-04, § 1, 3-21-95) Sec. 3. Def'mitiom. As used in this chapter, the following words and terms shall have the meaning ascribed thereto: Addition - An expansion, extension, or increase in the usable space within a building or facility. Alteration Any change or modification in construction. Substantial, Substantial Improvement - Any repair, reconstruction, or improvement of a structure or site, 1997 S-5 Sec, 4, Applicability, A. New Construction. This chapter shall apply concurrently and in direct relation with the requirements of Chapter 4, Site Plan Review of these regulations. B. Existing Construction. This chapter shall be applicable under any of the following conditions: 1. When an existing building is proposed to be enlarged. 2. When exterior alteration or reconstruction of an existing building is changed and/or alters the effect of the architectural design of the building. 3. When an existing building and/or site is substantially improved. 4. When the occupancy classification of the building changes as defined by the Standard Building Code. (Ord. No. 95-04, § 1, 3-21-95) Sec. $. Community deSign review and approval. Community design review and approval shall be regulated by Chapter 4, Site Plan Review, Part HI, Land Development Regulations. However, in addition to the submittal requirements set forth in 4 Boynton Beach Code Judicial Circuit in and for-Palm Beach County to enjoin violations of this chapter. Upon any violation of this chapter, the court shall have the power to enjoin said nuisance by injunction and may require that the land upon which the violation has been committed be returned to its condition prior to the illegal excavation or as close thereto as reasonably possible. Further, any party creating the nuisance pursuant to this chapter shall be responsible for all city's costs including attorney's fees for bringing the injunction action pursuant to this section. E. Mitigation. If building construction on the site is to be delayed more than thirty days after the site is cleared or partially cleared, all disturbed portions of the site shall be seeded and mulched as described in Chapter 7.5, Article I, Section 19.C. The intention of this paragraph is to provide adequate ground cover to all portions of a disturbed site until permanent ground cover is installed. F. Discovery of archeological artifacts. Construction must immediately cease upon discovery of archeological artifacts, and certified notification must be forwarded within 24 hours to the Division of Archives, History and Records Management, Florida Department of State. Artifacts must be protected by the developer to the satisfaction of the division prior to recommencement of construction in the immediate area of the discovery. (Ord. No. 96=58, § 5, 1-21-97) ARTICLE V. NUISAi~CE ABATEMENT The applicant shall control blowing sand, dust and other airborne particulate matter during clearing, grubbing, excavation and filling and until such time as permanent ground cover is installed. All Melaleuca, Brazilian Pepper and Australian Pine which occurs on the site shall be removed. ARTICLE Vl. RESTORATION SURETY Applicant must submit surety as outlined in Chapter'7 in the mount of one hundred ten (110) per cent of the engineer's certified cost for restoring the site to its original condition including, but not limited to, repair of access/haul routes; seed; sod; trees and utilities. 1997 S-5 Excavation and FiLl Regulations c. Survey. A signed and sealed survey not more than six (6) months out-of-date to include, but not be limited to, topography. d. Surety. Suitable surety posted to insure strict compliance with the objectives of this chapter. See Chapter 7. 2. Reviews. a. Commission review. (1) When required. The applicant must secure approval of the City Commission for all work which includes the moving of more than 1,000 cubic yards of materials beyond the project property lines. Exception: work associated with plat. approval does not require second Commission approval. (2) Review procedure. The City Commission in their deliberations shall relate the issuance of ~ permit to the Objectives of this chapter. The application must be .denied if they find issuance would be inconsistent with the purposes of this chapter. 3. Permit issuance. An excavating, filling and/or dredging permit or a land development permit must be issued by the director of development prior to any work being performed. B. Permit fees. Fees for excavating, filling and/or dredging will be as established by the City Commission from time to time, and will be the same as fees for excavating, filling and/or dredging under a land development permit. C. Waivers. The issuance of a permit to excavate materials does not waive zoning or other applicable city regulations. (Ord. No. 96-58, § 4, 1-21-97) ARTICLE IV. CONSTRUCTION A. Creation of water bodies. In instances involving the creation of water bodies as a result of excavating materials, work shall comply with the requirements of the water management district except the city may impose more stringent requirements when judged to be in the public interest. Those requirements include, but are not limited to, the planting of fifty (50) per cent of the lake perimeter with approved littoral and upland plantings. The ownership and maintenance responsibility for drainage facilities, including lakes, shall be clearly stated in documents recorded in the county clerk's records. Official copies of the recorded documents will be given to the city prior to issuance of a certificate of completion. B. Inspections and repons. I. Inspections by city. In connection with the administration of this chapter, inspections shall be requested by the developer as prescribed by the director of development, and will become a part of the final record. 2. Required repons. A certified report shall be submitted each month by the applicant's Florida registered engineer. Each report shall certify that the work is (or is not) conforming with the requirements of the permit. If the work is not in conformance, then the report must list each item of work not consistent with the stipulations of the permit and the remedial action that the engineer has taken concerning each item. C. Stoppage of work. Failure to comply with the plans of record shall result in an order to stop work from the director of development or his designee. D. Violations. In addition to the remedy afforded in Article IV. C, the city may enforce the provisions of this chapter as follows: 1. ~Violation of the provisions of this chapter shall be a misdemeanor of the Second degree punishable by up to sixty (60) days in jail and/or a five hundred dollar ($500.00) fine and the city may prosecute violation of this chapter as such. 2. The city may seek a mandatory injunction with the circuit court of the Fifteenth 1997 S-5 2 Boynton Beach Code B. Category :2--Activity involving the excavation and/or filling of materials not more than two (2) feet below existing grade with excavated materials moved beyond the project property lines. C. Category 3--Activity involving the excavation and filling of materials more than two (2) feet below existing grade or excavation below the water table with no materials moved beyond the project property lines. D. Category 4--Activity involving the excavation of materials more than two (2) feet below existing grade or excavation beyond the water table with materials being moved beyond the project property lines. E. Category 5--Activity involving less than one hundred cubic yards of dredged material with no materials moved beyond the project property lines. F. Category 6-Activity involving either one hundred cubic yards of dredged material or movement of any quantity or dredged material beyond project property lines. .. (Ord. No. 96-58, § 3, 1-21-97) ARTICLE III. PERbflTTING A. Permit application and review. Landowner or his agent shall secure a permit for work described in this chapter from the director of development as follows: 1. Submissions. a. Reclamation Plan. Submit a reclamation plan signed and sealed by a Florida registered engineer which includes at a minimum the following: (1) Materials depicting existing grade and vegetation; (2) A phasing plan, where applicable; (3) Soil borings indicating the depth of the various materials to be dredged or excavated; (4) A map indicating the location of soil borings; (5) with finished land elevations shown; Finished cross sections (6) A description method(s) involved in the excavation; of the (7) A listing of the person or persons responsible for the work proposed; (8) Tabulationofthe amount of material to be moved; (9) Plans for the abatement crt' nuisances such as the flowing of dust and sand; (10) The steps to be taken to protect the water resources, if applicable; (11) The height and location of proposed stockpiles; stockpiling; (12) The duration of (13) The duration of the work; (14) Traffic plans to include the treatment of internal roads, private or public street crossings; egress to the site; (15) Points of ingress and appropriate; (16) Location of mm lanes, if (17) Methods to insure public safety during and after the work to be performed. b. Pen'nits. Permits from other local governments, if appropriate. 1997 S-5 Chapter EXCAVATION AND FILL REGULATIONS Art. I. In General Art. II. Classifications Art. III. Permitting Art. IV. Construction Art. V. Nuisance Abatement Art. VI. Restoration Surety ARTICLE I. IN GENERAL Sec. 1. Short title. This chapter may be referred to as the "Boynton Beach Excavation and Fill Regulations." Sec. 2. Purpose and intent. The purpose of this chapter is to provide a set of regulations which govern the excavating, filling and/or dredging of materials within the City of Boynton Beach. It is intended that these regulations provide a minimum set of standards to be followed when excavating, filling and/or dredging of materials is proposed within the city in order to protect the health, safety and welfare of current and future residents. The issuance of a permit by the city pursuant to this chapter shall not relieve any party from obtaining the necessary excavation, dredge and fill permits from other state, federal or local governmental agencies which have jurisdiction over the proposed fill, dredge or excavation, and it shall not permit the destruction of ocean front dunes which is strictly prohibited. See also LDR Chapter 7.5, Article I, Section 5B; Code of Ordinances Chapter 10, Sections 10-23; 10-26(d) and 10-30; and LDR Chapter 2, Section 4, paragraph Ng. It is intended that requirements contained in Chapter 8 apply to all excavating, filling and dredging activities whether they are performed as part of the improvements required in the platting process; when associated with simultaneous building construction; or when performed as a separate operation. (Ord. No. 96-58, § 1, 1-21-97) 1997 5-5 Sec. 3. Scope. These regulations shall be applicable to all lands within the corporate limits of the city of Boynton Beach. Section 4. Objectives. The objectives of these regulations include, but are not limited to, the following: A. To provide a maximum degree of safety and protection for the public through the orderly control' of excavation operations; B. To mitigate nuisances and reduce the negative impact of excavation operation on the residents of Boynton Beach and the environment; C. To provide a living environment for future residents of Boymon Beach which is relatively free from hazards which could result from misdirected excavation operations; and D. To provide for the orderly excavation of land consistent with the public-health, safety and welfare. E. To prohibit land clearing practices that destroy native Florida ecosystems in whole or in pan. (Ord. No. 96-58, § 2, 1-21-97) ARTICLE H. CLASSIFICATIONS Classification of activities. For the purpose of this 'chapter, excavating, filling and dredging activities are further classified as follows: A. Category 1--Activity involving the excavation and filling of materials not more than two (2) feet below existing grade with no materials moved beyond the project property lines. 2O .. Boynton Beach Code complete its evaluation of environmental impacts. The TRC will then have thirty (30) days to make its determination concerning conditions of approval for the development to the planning and development board. The planning and development board shall review the determination of the TRC at its next regularly scheduled meeting. The planning and development board shall accept or amend, as necessary, the determination of the TRC. Sec. S. Appeals. Any aggrieved person may appeal as outlined in Chapter I, Article VII. The following standards shall be addressed by the appellant in his written request: A. Whether the subject property is an environmentally sensitive land or contains endangered, threatened and rare species and/or species of special concern in accordance with the definitions set forth in-Sections 2.C 'and D; and B. Whether the conditions placed on the development application are reasonable and represent sound environmental practices necessary to mitigate possible harmful impacts upon the subject property and are necessary in order to protect the health, safety and welfare of the citizens of the City of Boy'nton Beach. (Ord. No. 96-$?, § 5, 1-21-97) C. If the property proposed for development is greater than ten (10) acres in size and has been designated as a "B" or "C" rated site, the developer shall be required to preserve a minimum of twenty- five (25 %) of all native plant communities on the site. The preserve areas may be separated into micro preserves. Habitat shall be preserved with intact canopy, under story and ground cover. . D. The specific location of the preservation area shall be determined following site survey and shall be identified in the site development order or permit. In determining the most appropriate location for the preserve area within the site, the city shall consider, in addition to Other factors, the proximity of the preserve area to developed and undeveloped property surrounding the site, the ability to maintain the preserve area based upon surrounding development, and the recommendations of the city's professional staff and outside consultants. E. Natural resource sites identified in table 2 of the conservation element of the city's comprehensive plan and which exceed ten (10) acres in size shall be subject to the twenty-five (25 %) percent preserve area set aside notwithstanding subdivision into smaller parcels. In the event of subdivision or partial development, the first parcel seeking development shall be required to satisfy the twenty-five (25%) percent reserve area set aside. (Ord. No. 96-30, § l, 5-21-96) Sec. 6. PFeservation of natural resource sites. A. Prior to the development of any land which has been designated as either an "A", "B" or "C' rated site in the conservation element of the city's comprehensive plan, the proposed developer shall submit a detailed flora and fauna survey to the city. Review shall be as provided in Sections 3, 4 and ~ above. B. If the property proposed for development is greater-than ten (10) acres in size and has been designated as an "A" rated site, the developer shall be required to preserve a minimum of twenty-five (25 %) percent of all native plant communities on the site. Habitat shall be preserved with intact canopy, under story and ground cover. Secs. 7 - 11. Reserved. 1997 S-5 Environmental Regulation 19 Sec. 3. Review procedures for proposed land alterations. All applications for site plan or subdivision approval where proposed alterations of environmentally sensitive lands occur shall be reviewed by the technical review committee (TRC) for evaluation. The evaluation by the TRC of any proposed alteration of lands found to be environmentally sensitive shall be based on an environmental study completed by the property owner or his or her designee. This study shall include, but not be limited to, the following information. A. Site conditions: - 1. Site location map - with the specific property clearly indicated. 2. Aerial photograph - with the specific property clearly indicated (scale: one { 1 } inch equals six hundred' {600} feet or lessI. 3. Detailed map of existing terrestrial and aquatic vegetation, including exotic species within the jurisdictional limits of wetland jurisdiction of the U.S. Army Corps of Engineers and the Florida Department of Environmental Regulation. Soil types and conditions. 5. List of endangered, threatened and rare species and species of special concern found on the site. 6. Colonial bird nesting or roosting areas or areas in which migratory species are known to concentrate. 7; Archaeologically and/or historically significant features. B. Project designs: I. Conceptual footprint of site development, including buildings, roadways, parking areas, utilities, water features, flood control structures, stormwater systems, wellfield locations, landscaped areas, buffer areas, preserve areas, and other open space areas, as an OVerlay to vegetation mapping detailed in Section 3.A.3 above. 2. Existing zoning. 3. Status of development approvals, including permit applications. · C. Project operation: 1. Description of proposed Operations to be performed on the site including use, storage, handling or production of substances known to be harmful .to humans, plants and/or animals. 2. Identification of any pollutants expected to be emitted during project operation. 3. Identification of timing and source of noise and/or vibration impacts on resident and adjacent human and animal life. D. Project alternatives: I. Discussion of project alternatives should be prOvided, including options considered and rejected and the rationale for rejection of each option considered. 2. Mitigation considerations should be discussed in detail as they relate to possible loss of habitat or impact on endangered, threatened or rare animal and plant species, or species of special concern. 8. Geologically significant features. 9. Areas of previous disturbance or degradation, including present and past human uses of site. 10. Surrounding land uses. Sec. 4. Review schedule. Any additional information determined to be required by the TRC must be requested by the TRC within thirty (30) days of receipt of the above information. Upon receipt of the above information, the TRC shall have thirty (30) days in which to 18 Boy'ton Beach Code 7. Additional Plantings. After the mini- mum requirements have been met using the required species, other species may be planted as additional 8. Prohibited species. species shall not be planted: The following Australian Pine - Casaurina equisetifolia Brazilian Pepper - Schinus terebinthifolius Cajeput Melaleuca - Melaleuca leucadendm Fichus - Fichus species 9, Native vegetation. At least ninety (90) per cent of shade and small tree species installed shall be native vegetation. I0. Mulch and ground cover other than living plantings. Planting beds and trees shall be mulched to a depth of at least two (2) inches. (Ord. No. 97-26, § 1, 7-1-97) See. 9. Reserved. ARTICLE IV. ENVIRO~~Y SENSITIVE LANDS Sec'; 1. Permitting requirements, environmental protection. The purpose of this section is to preserve and protect the values and functiom of environmentally sensitive lands from alterations that would result in the loss of these lands or significant degradation of their values 'and functiom. An environmental impact statement shall be submitted with all applicatiom for site plan or subdivision approval and such statement shall address and identify any and all endangered, 'threatened and rare species and species of special concern as defined in Section 2.C herein below as well as areas of concern set forth in the Palm Beach County Wellfield Protection Ordinance. If none exist, the applicant must so state and provide support documentation to the planning deparunent. Sec. 2. Definitions. As used in this article, the following words and terms shall have the meaning ascribed thereto: A. Alteration: Any activity which results in the modification, variation or tra~formation of environ.. mentally sensitive lands, including but not limited to placement of vehicles, structures, debris, or any other material objects thereon, introduction or injection of water or other substance, and removal, displacement or disturbance of plant or animal species, soil, rock, mir~ or wator. B. Ecosystem: An assemblage of living' organisms (plants, animals, microorganisms, etc.) that functions as a dynamic whole through organized energy floWS.. C. Endangered, threatened and rare species and species of special concern: Species listed as endangered, threatened, rare or of special concern by one (1) or more of the following agencies: 1. U.S. Fish and Wildlife Service. 2. Nlorida Game and Fresh water Fish Commission. 3. Florida Committee on Rare and Endangered Plants and Animals. 4. Florida Department of Agriculture. $. Treasure Coast Regional Planning Council. D. Environmentally sensitivelands: Ecological sites (ecosites) representing high quality native E. Native Florida Ecosystems: A self-organized ecosystem of a type existing in Florida prior to European colonization and containing predominantly native species. 1998 S-7 Environmental Regulation I? 12. Visibility. When a driveway intersects a public right-of-way, or when the property abuts the intersection of two (2) public rights-of-way, landscaping within the areas described in a. and b. below shall allow cross vis~ility between three (3) feet and six (6) feet above grade level. Trees may be permitted provided they do not create a traffic b,"",'d and are trimmed to allow the required visibility. a. The rectangular areas of property on both sides of a driveway formed by its intersection with the public right=of-way for fifteen (lb') feet in length along the right=of-way and five (5) feet in width. b. The triangular area of property abutting the intersection of two (2) public rights=of- way, with the two (2) sides abutting the rights=of-way each being twenty (.20) feet. ~ c. Shrubs and ground cover in land- scaped parking areas shall be maintained so as to be no higher than three (3) feet within five (5) feet of a driveway. B. Planting specifications. Plant materials shall be Florida No. 1 or better as specified in the current "Grades & Standards for Nursery Plants," State of Florida, Department of Agriculture, and shall meet 'the following minimum requirements when installed: 1. Shade trees: a. Shade trees shall be at least twelve (12) feet high, with a seven-foot spread, a three-inch caliper trunk diameter measured six (6) inches above grade, and have six (6) feet of clear wood. b. Shade trees to meet the minimum requirements for parking areas shall be selected from the approved specie~ list in the central business district design guidelines. c. Shade trees shall be installed to meet the following minimum requirements: (1) Shall be planted in area with at least a three-foot wide minimum dimension. (2) Shah be protected by an upright curb or wheel stop if within three (3) feet of a vehicular surface. (3) Center of tree mink shall be in line with the center of line denoting edge of parking space if within three (3) feet of a parking space. 2. Small trees. Small trees, to meet the minimum requirements for F.E.C. Railroad buffer, shall be at least eight (8) feet high, with a five-foot spread, multi-trunk, and shall consist of the following species: Wax Myrtle - Myrica cerifera Sea Grape - Coccoloba uvifera Bottle Brush - C. allistemon rigidus 3. Shrubs: (a) Shrubs shall be at least three (3) gallon container, twenty-four (24) inches high, with an eighteen (18) inch spread, planted eighteen (18) inches on center. (b) Shrubs to meet the minimum requirements for screen hedges and F.E.C. Railroad buffer shall be at least twenty-four (24) inches high, planted not more than eighteen (18) inches on center, and be selected from the following species: Japanese Privet - Ligustrum japonicum Sandankwa Viburnum- Viburnum suspensum Coco Plum- Cluysobalanus species 4. Vines. Vines shall be at least two (2) feet high, and shall be planted not more than five (5) feet on centers. 5. Ground cover. Ground-cover shall be at least one-gallon container, with a twelve-inch spread, and shall be planted not more than twelve (12) inches on center. 6. Lawn grass. Lawn grass shall be St. Augustine turf grass, and only sod shall be planted. 1998 S-? 16 vehicular use areas shall be protected by upright curbs or wheel stops. 3. Railroad buffer strip landscaping. Properties adjacent to the F.E.C. Railroad right-of- way are required to have a landscape buffer strip along the right-of-way. The landscape buffer strip shall meet the following minimum requirements: a. Landscaped buffer strips shall be at least five (5) feet wide. b. Living plant materials shall cover at least seventy (70) per cent of the required landscaped area, and shall include trees, shrubs and ground cover, but not lawn grass. c. Small trees shall be planted no greater than fifteen (15) feet on center along the buffer strip. d. Shrubs shall be planted to form a continuous dense screen hedge. The shrubs shall be maintained' to grow to their full ilatural height. concrete pad, of at least one hundred (100) square feet. b. Service areas and dumpsters shall be screened from view by walls at least six (6) feet high, landscaped with shrubs and/or vines. 7. Parking area lighting. Parking area lighting units shall be installed and shall be: a. Designed to provide at least an average of one (1) footcandle at ground level. b. Located to not reflect directly onto adjacent property. c. Indicated on the landscape plan, and specified on the drawings. d. Energy efficient, high pressure sodium. 8. Pedestrianlighting. Pedestrian lighting units shall be installed and shall be: a. Designed to provide at least an average of three-quarters footcandle at ground level. e. Shade trees shall be planted no closer than twenty (20) feet to the railroad right-of- way. 4. Entrance treatments. Parking area entrances and pedestrian building entrances shall be given special treatment consideration in accordance with the intent of central business district design guidelines. 5. Screen walls: a. Wall construction shah be surface textured concrete or masonry. b. Screen walls adjacent to streets and alleys shall not exceed three (3) feet in height, unless they are screening service and dumpster areas. 6. Service areas and dumpsters: a. Dumpsters shall be placed_ on a 1998 S-7 b. Located to not reflect directly onto adjacent property. c. Indicated on the landscape plan, and specified on the drawings. d. Energy efficient, metal halide. 9. Pedestrianwalkways. Pedestrian walk- ways shall be installed, and shall be in accordance with the intent of the central business district design guidelines. 10. Exterior furnishings. Exterior fur- nishings to be installed, including seating, fountains, garbage receptacles, sculpture, bollards, drainage gratings and related items shall be indicated on the landscape plan and be specified on drawings. 11. Curbs, wheel stops and stall marking. Curbs, wheel stops and stall marking shall be indicated on the landscape plan and be specified on drawings. Enviro-~entai Regulation 15 Sec. 7. Maintenance and irrigation. A. The owner shall be responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. B. All planted areas and trees shall be irrigated by an automatic irrigation water supply system, which shall be maintained in good working condition. Sec, 8. Central business district landscape requirements. Development in the central business district shall conform to these minimum landscape requirements, and where possible shall conform with recommenda- tions of the central business district design guidelines. 1. Perimeter strip_ landscaping. Except along the east side of NE 6th Street north of Ocean Avenue and the south side of Casa Loma Boulevard, landscape strips with landscaping material are required to be located within the property line along :the entire perimeter of parking and vehicular use areas, and shall meet the following minimum require- merits: a. Landscape perimeter strips shallbe at least three (3) feet wide. b. Living plant materials shall cover at least seventy (70) per c~m of the required landscaped area, and shall include trees, shrubs, and ground cover, but not lawn grass. c. Trees are required at the rate of one (1) per thirty (30) linear feet of perimeter strip, and may be either grouped or uniformly spaced. Trees required may be planted a maximum of twelve (12) feet from the property line. d. Shrubs shall be planted eighteen (18) inches on center in perimeter strips to form continuous screen hedges. Hedges shall be allowed to grow and shall be maintained at a height of two and one-half (2 1/2) to three and one-half (3 1/2) feet. Screen walls may be installed in lieu of hedges. e. Landscaped area edges adjacent to vehicular use areas shall be protected by upright curbs or wheel stops. f. Trees and shrubs shall not be installed to conflict with utility easements. g. Landscape strip requirements may be waived along a common property line where an approved landscape strip exists, on the adjacent property, in which case additional plantings or amenities shall be required to be installed in other suitable locations on the site. h. Perimeter screen hedge require- ments may be waived along the common property line where abutting property owners provide, shared parking spaces, shared public access or other shared public amenities. 2. Interior parking landscaping. Land- scaping is required to be located within the interior or parking areas, and shall meet the following minimum requirements: a. Interior landscaped areas shall calculate to at least twenty (20) square feet of landscaping for each parking space not abutting the perimeter landscape strip, excluding spaces in parking .garages. Required square footage of interior landscaping may be reduced to ten (I0) square feet for each parking space, provided that at least one (1) shade tree is installed per four (4) interior parking spaces, in accordance with the requirements of sub- section B.l.a. of this section. b. At least one (1) tree shall be installed for each one hundred (100) square feet of required interior landscaped area. c. Grass may be in.stalled as ground cover where the individual landscaped area is at least two hundred (200) square feet. 1998 S-7 14 Boy'ton Be~ Code The purposes of this article are to provide uniform landscape design and planting standards for development in the central business district (CBD), and include provisions for pedestrian walk'ways, screening of service areas, and lighting installations. Sec. 3. Deflnitiom. Definitions under Article I, Section 3 and Article II, Section 3 shall apply to terms as used in this article and the following del'tuitions shall also apply: Tree protection. Treatment-of all existing trees shall comply with Article I, Sections 1 through 30. attendant costs incidental to the installation of the required landscaping based upon an estimate provided by a registered landscape architect. The surety shall: A. Run to the City Commission; B. Be in a form satisfactory and acceptable to the city manager. C. Specify the tin~ for completion of the landscaping requirements of this article as determined by the city manager. Sec. 4. Applicability of the centrnl business district landscape code. This article-shall apply cOncurrently and in direct relation to the requirements of the central business district regulations of the zoning ordinance. Central business district landscape plan to be submitted, review and approval required. Any person owning property within the' central business district desiring to obtain a building permit for construction of any building shall submit a landscape plan to the planning director. Sec. 6. Performance surety. In the event that the landscaping requirements of this article have not been met at the time that a certificate of occupancy could otherwise have been granted, and said certificates requested by the developer, the city shall enter into an agreement with the owner that the provisions and requirements of this article will be complied with. In that ca~e, the owner shall post a performance bond or other city-approved surety in an amount equal to one hundred ten (110) per cent of the costs of materials, labor and other 1997 S-5 Et~vironmental Regulation any other lawfUlly enacted and adopted rules, regulations, ordinances or laws, the most restrictive shall apply. B. Violation and penalties. For any and every violation of the provisions of this code, and for each and every day that such violation continues, said violation(s) shall be punishable as a misdemeanor with a fine not to exceed five hundred dollars ($500.00), or by imprisonment for not more than sixty (/50) days, or by both such fine and imprisonment. Persons charged with such violation(s) may include: I. The owner, agent, lessee, tenant, contractor or any other person using the land, building or premises where such violation has been committed or shall exist, or 2. Any person Who knowingly commits, takes part or assists in such violation, or 3'. Any person who maintains any land, building or premises in which such violation shall exist. C. Other legal remedies. In addition to the criminal penalties and enforcement procedures provided, the City Commission may institute any . lawful civil action or proceeding to prevent, restrain · or abate: 1. The unlawful construction, erection, reconstruction, alteration, rehabilitation, expansion, maintenance or use of any building, structure or parking area, or 2. The occupancy and/or use of such building, structure or parking area, or 3. The illegal act, conduct, business of use of, in or about such premises. D. Other administrative remedies; building permits and certificates of occupancy and use. 1. Issuance. No building permit or certificate of occupancy and use shall be issued by the development department for any purpose except in compliance with the provisions of this code and other applicable ordinances and laws, a decision of the planning and development board or court decision. 2. Revocation. The development department may revoke a building permit or certificate of occupancy in those cases where an administrative determination has been duly made that false statements or misrepresentations existed as to material fact(s) in the application or plan~ upon which the permit or approval was based. 3. Suspension. The development department may suspend a building permit or certificate of occupancy and use where an administrative determination has been duly made that an error or omission on either the pan of the permit applicant or government agency existed in the issuance of the permit or certificate approval. A valid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission. 4. Notice and appeal. All development department decisions concerning the issuance, revocation or suspension of building permits and certificates of occupancy shall be stated in official written notice to the permit applicant. Any decision of an administrative official may be appealed to planning and development board within thirty (30) days of the action that the aggrieved party wishes to appeal. SeCs. 11--19. Reserved. ARTICLE IH. CENTRAL BUSINESS DISTRICT LANDSCAPE CODE Sec. 1, Short title. This article shall be known and may be cited as the Boynton Beach Central Business District Landscape Code. 1997 S-5 12 Boynton Beach Code drive-ways, sprinklers or water outlet locations, and the location, size and description of all other landscape materials, the location and size of building if any to be served, and shall designate by name and locating the plant material to be installed or, if existing, to be used in accordance with the requirements hereof. There shall be an application fee as adopted by resolution of the City Commission for landscape plan approval. No building permit or certificate of occupancy shall be issued for such building or paving unless such landscape plot plan complies with the provisions herein. All inspections to determine compliance with the approved site plan shall be conducted by the development department. ~c. 7. Performance surety. In the event that the landscaping requirements of this article have not been met at the time that certificate of occupancy could otherwise have been granted, and said permit or certificate is requested by the developer, the city may enter, into an agreement approved by the city attorney with the owner .or his agent that the provisions and requirements of this article will be complied with. In that case the owner or his agent shall post a performance bond or other city-approved surety in an amount equal to one hundred and ten (Il0) per cent of the costs of materials, labor and other attendant costs incidental to the installation of the required landscaping, based upon an estimate provided by a qualified landscaping contractor. The surety shall: this article shall apply to new or redeveloper off- street parking areas, multifarnily and cluster housing development, and/or modifications which result in an increase of interior square footage or substantial changes in exterior design except for detached single- family homes or duplexes. Sec. 9. A&mini~tion and interpretation of code regulations and provisions. A. The interpretation and application of the regulations and. provisions of this code by the development department shall be reasonable and uniformly applied to all property, within the jurisdiction of Boynton Beach. B. The regulations and provisions of this code shall be held to be the minimum requirements adopted for the protection and promotion of the public health, safety, comfort,-convenience, order, appearance, prosperity or general welfare. C. Whenever the regulations and requirements of this code are at variance with the requiremems of any other lawfully enacted and adopted rules, regulations, ordinances or laws, the most restrictive shall apply. Enforcement of code regulations and provisions; violations, penalties and other A. Run to the City Commission. B. Be in a form satisfactory and acceptable to the city manager. C. Specify the time for the completion of the landscaping requirements of this article as determined by the city manager. Sec. 8. Applicability of landscape ordinance and other regulations. This article shall apply concurrently and in direct relation to the requirements and regulations of the zoning code of Boynton Beach. The provisions of A. Enforcement responsibility. No building permit, certificate of occupancy and use or certificate of occupancy shall be granted by the development department, except in compliance with the provisions of this code or court decision. The regulations and provisions of this code shall be held to be the minimum requirements adopted for the protection and promotion of the public health, safety, comfort, convenience, order, appearance, prosperity or general welfare. Whenever the regulations and requirements of this code are at variance with the requirements of 1997 S-$ E~viro-meutal Regulation 11 area adequately landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three (3) feet in height, The total number of trees shall not be less than one for each five hundred (500) square feet or fraction thereof of required interior landscaped area. Such landscaped areas shall be located in such a manner as to divide and breakup the expense of paving. H. Point of access. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and six (6) feet above pavement, provided, however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed, provided they are located so as not to create' a traffic hazard. Landscaping,- except required grass or ground cover, shall not be located closer that three (3) feet from the edge of any accessway pavement. The triangular areas above referred to are: 1. The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being ten (10) feet '. in length, (or.more when determined to be necessary by the development director) from the point of intersection and the third side being a line connecting the end of the other two (2) sides. 2. The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area being thirty-five (35) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. I. Existing plant material. In instances where healthy plant material exists on a site prior to its development, in pan or in whole, for purposes of off- street parking or other vehicular use areas, the department may adjust the application of the above- mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of this article. I. Landscaping and dumpsters. All dumpsters should be placed on a concrete pad ten (10) feet wide with an appropriate depth and be screened on three (3) sides as described in Chapter 9, Section 10, Paragraph C.3. Provide accent shrubs along the screen wall. K. General landscaping for cluster and muhifarnily housing developments; In addition to the landscaping required by other sections of this code, the following number of trees are. required for open common areas. 1. A minimum of one tree for each one thousand five hundred (I,500) square feet (or fraction thereof) of developed area. Trees that are preserved on site in open common arca shall receive credit against the landscape area requirements. It is the intent of this section to create a park-like environment. This section is included in order to create privacy, shaded areas and an aesthetically pleasing environment, and in determining the validity of any site plan in accordance with Section 6, the planning and development board shall take these factors into consideration. L. Foundation landscaping. Foundation landscaping shall be required in the front and side of each multifamily or cluster dwelling in order to enhance the visual appearance of the building and to promote privacy. (Ord. No. 96-57, § 2, 1-21-97) Sec, 6. Landscape plan approval. Except for single-family dwellings, prior to the issuance of any building permit or certificate of occupancy, under the provisions of this ankle and the Boynton Beach Building Code, a landscape plan shall be submitted to and apprOved by the planning and development board. The landscape plan shall be drawn to scale, including dimensions and distances, and delineate the existing and proposed parking spaces or other vehicular use areas, access, aisles, 1997 S-5 Parki tots (15,000) square feet or greater shall have ~ lanes along the front of all buildings which shall allow efficient access to the fronts of buildings by fire protection vehicles. Fire lanes shall have a minimum pavement width of twenty-two (22) feet. Fire lanes shall not be encumbered by parked vehicles, including commercial vehicles, and shall not be used for the loading or unlOading of commercial vehicles. Additionally, fire lanes shall be clearly marked with signs and striping or a combination of both, which shall comply with this chapter. R. Stacking space at drive-up openings. Drive- up openings through which food is passed shall be served by a drive-through lane which provides a minimum of seventy ('/0) feet of vehicular stacking space which does not obstruct ot restrict in any way the free movement of emergency vehicles, service vehicles ot any other type of vehicles. See also Chapter 9, Section 11, paragraph H. (Ord. No. 96-63, §§ 4, 5, 6, ?, 1-21-9'/; Ord. No. 97-28, §§ 1, 2, 7-1-97) N. Parcel pickup or customer dropoff lanes. Parcel pickup or cuswmer dropoff lanes are permitted outside of the fire lane, if these lanes comply with city standards. O. Parking lot maintenance. Parking lots in the city shall be maintained so as to not be a nuisance or b~,~rd to the public, including portions of driveways which lie in the fight-of-way. P. Sidewalks. Street sidewalks adjacent to parking lots shall be continuous through all drive- ways; shall be six (6) inches thick within driveway and shall meet handicap code requirements. Q. Parking lot pavement. Six (6) inches of Palm Beach County approved shell or lime rock on a twelve (12) inch sub-grade compacted, to 98% of maximum dry density as determined by AASHO T-180. Shell rock shall have a retention of 50% over a number four sieve and shall have a minimum calcium carbonate content of 40% and a minimum modified proctor of 120 lbs. If lime rock is used, it shall meet the requirements of the current D.O.T. specifications for road and bridge construction. The compacted base shall be primed and paved with one inch of compacted Type S-H or S-HI asphalt in compliance with F.D.O.T. standards, Other types of construction that may be sub- mitted for approval are portland cement concrete, paving blocks, and stabilized sod. 1998 S-? Code Index PERMITS. S~: Lic, ea~es and Permits PERSON Del'reed, 1-2 PERSONNEL Personnel and equipment organizational chart adopted, 2-1 Personnel policy manual adopted by reference, 2-151 PICNICS City parks and beaches; places for picnics, 16-.54 et seq. Parks and recreation. Se~ also that title. PLANNED UNIT DEVELOPMENTS (Pt. ffl, Ch. 2.5) Definition, 2 Intent and purpose, I Internal PUD standards, 9 Locational standards for PUD's, 8 Minimum land areas for PUD, 5 Nomenclature, 3 Plan modification, 12 Prelingnary and final development plans, 11 Procedures for zoning Of land to PUD, 10 Relation of land use intensity (LUI) ratings to regulations, 4 Unified control, 6 Uses permitted, 7 Zoning administrator, 13 PLANNING AND DEVELOPMENT Additional authority, functions, powers, and duties, as assigned b~ Art. I, § 4.2 " Advisory authority, functions, powers and duties, Pt. III, Ch. 1.5, A Authority granted by the City Commission, Pt. III, Ch. 1.5, Art. I, Commission designated statutory planning agency, Pt. III, Ch. 1.$,. Community. design plan. S~: Community Design Plan Comprehensive plan adopted; authority, purpose, preemption, Pt. Concurrency requir~rr~nts (Pt. Ill, Ch. 1.5, An. VI) Administration of article, § 8 Adoption of methodology for determining whether concurrer Applicability, § 2 Categories of development orders and permits, § 4 Certification of concurrency or exemption upon request, § 1, Concurrency r~view board, § 11 Exemptions, § 10 Minimum levels of service adopted for public facilities, § 5 Procedures for certification or conditional certification of co~ Public facilities shall be available for development projects c service, § 6 Short title, authority, intent and purpose, § 1 1998 S-8 Chapter 23 PARKING LOTS Art. I. In General Art. II. Required Improvements ARTICLE I. IN GENERAL Sec. 1. Purpose and objectives. A. Purpose, The purpose of this chapter is to provide a set of regulations to govern the design construction and maintenance of parking lots within the City of Boynton Beach. It is intended that these regulations provide a minimum set of standards to be followed when parking lots are constructed in order to protect the health, safety and welfare of the public. Furthermore, the City of Boynton Beach recognizes the relationship of these regulations to the goals and objectives of the comprehensive plan. B. Objectives. The objectives of these regulations include, but are not limited to; the following: 1. To provide a maximum degree of safety and protection for the public through the orderly design of parking lots; 2. To provide for a standard for construction which results in a relatively durable and nuisance free parking lot; 3. To reduce the negative environmental impacts which may result from parking lot construction; 4. To provide for storm water retention on site; 5. To provide for parking lots which are constructed in such a manner that the physically handicapped are not discriminated against; and 6. To permit the land owner to benefit from his ownership by providing for orderly parking 1997 S-5 lot design and construction consistent with the public health, safety and welfare. (Ord. No. 96-63, § 1, 1-21-97) Sec. 2. Scope. These regulations shall be applicable to all permanent parking lots constructed or reconstructed in the city. In order to clarify the applicability of these regulations, compliance is required under any of the following conditions: A. When a parking lot serves an existing building(s) where said building(s) is proposed to be enlarged or when an additional building(s) is proposed to be constructed; B. When a change in building occupancy occurs as defined in the Standard Building Code; C. When a change in use occurs which results in additional parking being required as noted in Chapter 2, Section l l.H.16 of these Land Development Regulations; D. When compliance with the landscaping code is required; E. Reserved; F. When an existing parking lot is expanded by twenty-five (25) per cent or more in parking stalls beyond what was originally approved; and G. When any new parking stalls, driveways, access aisles or parking lots are proposed, these newly constructed areas must comply with the requirements of this chapter. Sec. 3. Exemptions and variances. A. Exemptions. These regulations shall not be applicable under the following conditions: Code Ind~ ~ 1 PARKS AND RECREATION--Cont'd Dogs Prohibited in city owned park or recreation area, 4.-33 Recreation and parks director Hours of operation at parks and beaches established by, 16-19 Regulations enforced by, 1622 Recreational and park fund established Expenditures, 166 PARTNERSHIPS Persons defined to include, 1-2 PEDDLERS AND SOLICITORS Canvassers. See within this title: Solicitors and Canvassers Charitable solicitations Amendments to application Additional solicitation, 17-43 Applicability, 17-34 Behavior, restrictions on, 17.44 Definitions, 1%36 Fees, 1%39 Penalty, 17-45 Permit Application, 17-38 Contents, 17-42 Expiration, 17-42 Granting, 17-40 Nontransferable, 17-42 Refusal to grant permit Appeal, 17-41 Required, exceptions, 1%37 Tem'~, 17-42 Purpose, 1%35 City parks and beaches; soliciting prohibited, 16-42 Fingerprints required, 17-1 Identification card required Re-registration; fee, 17-2 Noise control, 15-8 et seq. Noise. See that title Photo required, 17-1 Registration, photo and fingerprints r~, 17-1 Solicitors and canvassers Defined, 17-13 Duty of police to enforce, 17-20 License required, 17-14 Permit required, 17-14 Action on application, 17-17 Appeals, 17-23 Application, 17-15 Application fee, 17-16 1998 S-7