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CHAPTER.23Chapter 23 PARKING LOTS Art. i. In General Art. ii. Required Improvements Art. iii. Prohibited Activities 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; site; 4. To provide for storm water retention on 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 lot design and construction consistent with the public health, safety and welfare. (Ord. No. 96-63, § 1, 1-21-97) Sec. 2. Scope. Except within the Community Redevelopment Area boundaries, 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. (Ord. No. 01-47, § 2, 8-7-01) 2001 S-16 2 Boynton Beach Code Sec. 3. Exemptions. A. Exemptions. These regulations shall not be applicable under the following conditions: 1. When temporary office trailers are proposed where the public is not invited; or 2. When temporary construction or storage trailers are proposed where the public is not invited; or 3. When the parking of equipment or work vehicles or the storage of materials is proposed; or 4. When the number of parking stalls in an existing parking lot is expanded by less than twenty- five (25) per cent beyond what was originally approved and no building(s) is proposed to be enlarged or constructed, the existing portion of the parking lot need not comply with the requirements of this chapter. However, any newly constructed areas must comply with the requirements of this chapter; or 5. When a multi-family residential project is proposed and is designed to include units containing garages served by driveways, then these units shall be exempt from the requirements of this chapter. This exemption shall not apply to multi-family units that do not contain garages; or 6. When proposed modifications or renovations would not increase the number of dwelling units in an existing residential project; or 7. When the proposed improvements are of a maintenance nature such as repairs to existing lot(s), re-striping, overlays, drainage improvements, etc.; or 8. When the proposed improvements are upgrades to existing lot(s) such as lighting, curbs, landscaping, irrigation, sidewalks, and drainage. 9. When an improvement or property in the Central Business District or which fronts on that segment of Ocean Avenue extending west from the Central Business District to Seacrest Boulevard involves either a change in use and/or a minor improvement. For the purpose of this subsection, minor improvement means minor building expansions which would otherwise generate the need for two or less parking spaces or improvements which would generate more than two additional parking spaces, but which are less than five (5%) percent of the total area of existing improvements. (Ord. No. 96-63, § 2, 1-21-97; Ord. No. 00-64, § 3, 12-5-00; Ord. No. 01-33, § 2, 7-17-01) Sec. 4. Minimum standards. 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 in accordance with city standards. (Ord. No. 96-63, § 3, 1-21-97; Ord. No. 02-033, § 4, 8-20-02) Sec. 5. Permitting. A. When required. A permit shall be secured from the director of development, following consultation with the city engineer, 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 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 2002 S-18 Parking Lots 3 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 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; 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. 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; 12. Outline of all buildings on site to be served by the parking lot and existing and/or proposed use of same; 13. Paving and drainage plans with elevations, including calculations and details of the drainage system; 14. Parking lots serving uses which generate three thousand (3,000) vehicles, single- directional trips per day or two hundred fifty (250) vehicle, single-directional trips in a one-hour period shall submit a traffic impact analysis. 15. Any other engineering or technical data necessary to determine compliance with the provisions of this chapter and the standards referred to herein. The above-mentioned information shall be included in subdivision construction plans when applicable, and with plans submitted for site plan approval or building permit. (Ord. No. 02-033, §§ 3, 4, 8-20-02) Sec. 6. Non-compliance. A. Stoppage of work. Failure to comply with the plans of record or other city ordinances shall result in an order to stop work from the development director or his or her designee. Damage to public property resulting from work performed may result in a stop work order if a threat exists to the health and safety of the public. B. Fines and penalties. In addition to the remedies afforded in Section 6 above, 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 violations of this chapter as such. 2002 S-18 4 Boynton Beach Code 2. The city may seek a mandatory injunction with the circuit court of the Fifteenth Judicial Circuit in and for Palm Beach County to enjoin violations of this chapter. Any violation of this chapter shall result in the authority 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 violation, or as close thereto as reasonably possible. Further, any party creating a violation of this chapter or nuisance resulting from a violation of this chapter shall be responsible for all of the city's costs, including attorney's fees, for bringing any injunctive action pursuant to this section. 3. The city may prosecute violations of this chapter through the city's code compliance board. 4. None of the above-listed remedies shall be considered to be mutually exclusive, and the city may pursue any or all of the above-listed remedies in conjunction with each other. (Am. Ord. No. 97-51, § 2, 11-18-97; Ord. No. 02-033, § 4, 8-20-02) Sec. 7. Administration. For the purpose of coordinating, enforcing and administering this chapter, the director of development shall be the administrative officer. (Ord. No. 96-63, § 3, 1-21-97) ARTICLE II. REQUIRED IMPROVEMENTS. Each parking lot constructed or reconstructed shall include improvements as follows: A. Illumination 1. General a. Lighting design. A minimum average light level of one (1) foot candle shall be provided, with no more than ten (10) per cent of the spot readings below one (1) foot candle and none below one-half (½) foot candle. Fixtures shall be an energy efficient type automatically controlled by photoelectric switch or other device acceptable to the director of development and are to remain on from dusk to one (1) hour after closing or 2 A.M., whichever is later. Submit documents showing, at a minimum, pole locations and details; fixture types and sizes; light contours depicting anticipated levels of illumination (in foot candles) at roadway surface; certification of compliance with the latest edition of the Florida Building Code and capacity to withstand a 140 mph 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 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 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. 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. 2002 S-18 Parking Lots 5 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 lll, Landscape Code. D. Irrigation. All landscaped areas within parking lots shall have an automatic irrigation system, approved and permitted through the development department. E. Curbs and car stops. No more than two (2) aisles may be traversed without interruption, which shall be accomplished by the installation of wheel stops or a raised, continuous curb. 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 a minimum of twenty-five hundred (2500) psi concrete. F. Drainage. Stormwater shall be contained on site. Containment capacity shall be designed for a minimum of two and one-half (2.5) inches of rain-fall in one (1) hour. Drainage structures and exfiltration trenches 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 city engineer. Where appropriate, all drainage structures shall have sediment-settling basins that can be cleaned regularly of deposits by typical means. 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 city engineer. G. Reserved. H. Driveway. 1. Width. Parking lot driveways shall be a minimum width of twelve (12) feet for one-way drives and twenty-five (25) 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-six (36) feet, unless otherwise approved by the city engineer. 2. Drive radii. Each parking lot driveway shall have a radius at the intersection of the vehicular traffic lanes of twenty-five (25) feet or as otherwise approved by the city engineer. 3. Distance from streets. Parking lot driveways shall be constructed at least thirty (30) feet from the intersection of the right-of-way lines along local streets, fifty (50) feet along collector streets, and one hundred twenty (120) feet along streets of a higher classification. 4. Clearance at parking stalls. Provide a safe and unobstructed space of eighteen (18) feet in length between the side of a parking stall and each of the following: a. A public or private right-of-way b. An access aisle c. An interior driveway This requirement does not apply at the egress end of an access aisle or at a driveway, access aisle or right-of-way where ninety (90) degree parking is provided. 5. Clearance at major driveways. The minimum distance from the street right-of-way line at any major ingress or egress driveway to any parking stall or to any interior access aisle having direct access to such driveway shall be one hundred (100) feet. 2003 S-20 6 Boynton Beach Code 6. Intersections with county and state roads. Driveways which intersect streets owned and maintained by a governing body other than Boynton Beach must be permitted by the proper governing agency, prior to issuance of a building permit. 7. Number of driveways. Except along the west side of NE 6th Street, north of Ocean Avenue, no more than two (2) driveways shall be permitted from any property. Where properties abut more than one (1) public or private right-of-way, additional driveways may be permitted depending upon traffic volumes, but in no instance shall the number of driveways exceed two (2) on each street. I. Parking lot layout. 1. Dimensions. Parking lots shall be designed to meet or exceed the dimensional requirements for stalls, driveways and access aisles as provided for in city standards. Separate city standards shall apply in the Community Re-development Area boundaries and said Standards shall be in a separate document and shall be known as "City Parking Lot Standards for the Community Redevelopment Area" as shown in Attachment "A" of Ordinance No. 01-47. 2. Access. Each parking lot or parking stall shall have sufficient access from a street, alley or other public or private way. Maneuvering and access areas shall be of sufficient size to permit vehicles to enter and exit the parking lot and parking stalls in a safe and efficient manner. In no instance shall parking lots be designed to allow vehicles to back out into any public alley or road rights-of-way, or segments of private streets which function as local or collector streets. All angle parking shall have a minimum back- up distance of twenty (20) feet between the parking stall and the abutting aisleway in accordance with current city standards. J. Parking garages. Public or private parking garages shall comply with this chapter, with the Standard Building Code and with county-wide amendments thereto. Where appropriate, security systems may be required. K. Handicap requirements. All parking lots shall meet or exceed State Handicap Code requirements, and comply with the Standard Building Code and the county-wide amendments thereto. L. Parking lot striping. Parking stalls shall be delineated by double-line, painted stripes where parking stalls abut each other, which shall comply with city standards. M. Fire lanes. All shopping centers, retail office complexes and retail establishments, including commercial establishments and industrial areas, in which the gross floor area of all buildings if fifteen thousand (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 Article II, Section B.2., of this chapter. N. Parcel pickup or customer dropoff lanes. Parcel pickup or customer 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 hazard to the public, including portions of driveways which lie in the right-of-way. P. Sidewalks. Sidewalks shall be six (6) inches thick through all driveways and shall meet handicap code requirements where applicable. Q. Parking lot pavement. Refer to city stan- dards for specific requirements. 2002 S-18 Parking Lots 7 Other types of construction that may be utilized are portland cement concrete, paving blocks, and stabilized sod, subject to the approval of the city engineer. 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 (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. S. Loading zone. All parking lots subject to the requirements of Chapter 2, Section 11 .J, shall provide a marked, twelve (12) foot by thirty-five (35) foot loading space for the receipt and/or distribution of materials. (Ord. No. 96-63, §8 4, 5, 6, 7, 1-21-97; Ord. No. 97- 28, 88 1, 2, 7-1-97; Ord. No. 01-47, 8 2, 8-7-01; Ord. No. 02-033, 88 3, 4, 8-20-02; Ord. No. 03-018, 88 1-3, 6-3-03) ARTICLE iii. PROHIBITED ACTIVITY Sec. 1. Prohibited activity. Major and minor motor vehicle or boat repair, including oil changes, adding of oil or lubricants, and installation of new tires, is prohibited in public parking lots or spaces, and commercial parking or loading areas and is declared to be a public nuisance. Commercial property owners engaged in the sale of motor vehicle or boat parts, oils, or lubricants, shall post notices within their premises in close proximity to check out counters or exit doors notifying customers of this prohibition. Violations of this provision of the code is subject to enforcement through code enforcement action, nuisance abatement action, municipal ordinance violation, or action for injunctive relief. Law enforcement officers are authorized to issue notice to appear for violation of this section. (Ord. No. 99-01, 8 1, 1-5-99) 2003 S-20 8 Boynton Beach Code