04-027ORDINANCE NO. 0 04-O4"7
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 1, "GENERAL PROVISIONS," ARTICLE VII,
"APPEALS," SECTION 1.D OF THE LAND
DEVELOPMENT REGULATIONS, REMOVING
ENVIRONMENTAL REVIEW PERMITS FROM THE CITY
COMMISSION APPEAL PROCESS; AMENDING
CHAPTER 2, "ZONING," SECTIONS 4.N, 5, 6, 7, AND 8 OF
THE LAND DEVELOPMENT REGULATIONS,
PROVIDING FOR FIRE DEPARTMENT HAZARDOUS
MATERIAL DISCLOSURE TOXIC SUBSTANCE PERMITS
IN ACCORDANCE WITH PART II, SECTION 9-71 OF
THIS CODE WITH RESPECT TO VARIOUS USES
WITHIN EACH ZONING DISTRICT; DELETING
SECTION ll.l.I; DELETING SECTION 11.3, REMOVING
THE USE OF THE ENVIRONMENTAL REVIEW
COMMITTEE FROM THE ENVIRONMENTAL REVIEW
PERMIT APPROVAL PROCESS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the Environmental Review Committee ("Committee") is a committee
created by ordinance and composed of various staff members for the purpose of coordinating, in
a committee environment, technical advice and expertise to assure compliance with the City of
Boynton Beach Code of Ordinances and Land Development Regulations; and
WHEREAS, it has been determined that the function and purpose of this Committee are
best served through a staff review process, rather than a review-by-committee process; and
WHEREAS, to implement the staff review, additional procedural direction and
clarification to the environmental review process is required; and
WHEREAS. amending the City's Land Development Regulations in this manner will
serve to clarify and simplify the environmental review process, reducing the impact and cost on
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the business community while at the same time assuring that environmental concerns are
addressed in an efficient and thorough manner through the Hazardous Material/Toxic Substance
Disclosure process; and
WHEREAS, at its meeting of March 23, 2004, the City of Boynton Beach Planning and
Development Board approved the abolition of the Environmental Review Committee in favor of
a City staff-level review of the various disciplines and approved the concepts provided for in this
Ordinance; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida upon
recommendation of staff and the Planning and Development Board, has determined that it is in
the best interests of the citizens and residents of the City to amend the Code to remove the
Environmental Review Committee from the development approval process without
compromising the necessity or the requirement of City staff review.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 1, "General Provisions," Article VH, "Appeals," Section 1,
"Appeals from decisions of an administrative official," subsection D, "Assignment of Appeals,"
of the Land Development Regulations of the City of Boynton Beach is hereby amended to state
as follows:
Sec. 1. Appeals from decisions of an administrative official.
D. ASSIGNMENT OF APPEALS. The City of Boynton Beach has several
boards/commissions which deal with a variety of appeals, variance, exemptions,
exceptions, etc., as follows:
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The building board of adjustment and appeals will hear and decide appeals of
administrative decisions or determinations made in the enforcement and
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 VI/, Section 2D for detailed information.
The City Commission will hear and decide appeals of administrative decisions or
determinations in the enforcement or administration of envirc, nmental review pe~wr'~2ts;
excavation, dredging and/or fill permits; major/minor site plan or master plan
modifications and height exceptions.
o
The concurrency review board will hear and decide appeals of administrative
decisions denying a certification of concurrency and/or conditional certification of
concurrency.
Section 2. That Chapter 2, "Zoning," Section 4.N, "Performance Standards" of the
Land Development Regulations of the City of Boynton Beach is hereby amended to state as
follows:
Sec. 4. General provisions.
N. PERFORMANCE STANDARDS.
11. Hazardous materials~ and hazardous waste, and toxic substances.
Prior to the issuance or renewal of an occupational license in the city, the
operator of any use that uses, handles, stores~ o~ displays, or generates
hazardous materials. ^~ ,.n, ...... *~ hazardous waste~ or a toxic substance,
as the same are defined in 40 Code of Federal Regulations, Part 261~. or the
Florida Substance List as set forth in Rule 4Ao62.004, Florida Administrative
Code, 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 file
~ ~ ...... ~ ....... ~u e~,;~ ~, ~ r~.,; ...... ~"~ Pe-"n'dts Fire
Department H~dous Material Disclosure Fo~ in accordance with P~ H,
Section 9-71 of this code.
Page 3 of 16
do
Those using, storing, displaying, or generating I:I-ser-s-of hazardous materials~
and geu~ral~u:s--of hazardous waste, or toxic substances shall develop
hazardous materials response plans prior to the operation of such uses, which
shall require the approval of the .... ~ ........ ~ .... ~ ........ ~"~ Fire
Marshal. This plan shall identify appropriate measures for contamination
response including, but not limited to:
(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~ o~
hazardous wastes, or toxic substances. Where only periodic reports are
required to be supplied to such agencies, copies of these reports shall be
provided to the .... ~ ...... *~ ~;'~.~;; ..... :"~ Fire Marshal.
Section 3. That Chapter 2, "Zoning," Section 5, "Residential district regulations and
use provisions" of the Land Development Regulations of the City of Boynton Beach is hereby
amended to state as follows:
Sec. 5. Residential district regulations and use provisions.
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.
Uses requi~ng .... ~ ...... *~ .... ~ ....... ~* Any use listed under 5.H. 1.
above which uses, handles, stores, ov displays, or generates hazardous
materials, or whic~ generates hazardous waste, or a toxic substance, as the
same are defined by 40 Code of Federal Regulations, Part 261; or the Florida
Substance List as set forth in Rule 4A-62.004, Florida Ad~nis~ative Code,
shall require a~ en"; ...... ~ ....; .......~*
...................... ~ ..... h~dous matefi~ review in
accordance with ~ the Fire Dep~ment Haz~dous Matedal
Disclosure requirements of P~ H, Section 9-71 of this code.
Page 4 of 16
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, consisten with
the comprehensive plan and with the subdivision regulations.
Tr ........ :.4 ...... ; ...... ,n~ ~vi~;; .... :* Any use listed under 5.1.1.
which uses, handles, stores, o~ displays, or generates hazardous materials, o~
,.h:o~, ...... *~o hazardous waste, or a toxic substance, as the same are
defined by 40 Code of Federal Regulations, Part 261; or the Florida
Substance List as set forth in Rule 4A-62.004, Florida Administrative Code,
shall require an .... : ...... *"~ .... ; ....... ;* hazardous material review in
accordance with ~ Fire Department Hazardous Material
Disclosure requirements of Part II, Section 9-71 of this code.
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.
.... ' "' Any use listed under 5 J 1
lA. iT ....... ;.4 .....; ......,,~1 ....... .-
above which uses, handles, stores, o~ displays, or generates hazardous
materials, ^ .... ~,:~u ...... *~ hazardous waste, or toxic substance, as such
may be defined by 40 Code of Federal Regulations, Part 261,. or the Florida
Substance List as set forth in Rule 4A-62.004, Florida Administrative Code,
.... ; ...... "n~ ~ ": ...... ;* hazardous material review in
shall require an ......... '~ ~' v ......
accordance with ~ the Fire Department Hazardous Material
Disclosure requirements of Part 1I, Section 9-71 of this code.
Section 4. That Chapter 2, "Zoning," Section 6, "Commercial district regulations and
Page 5 of 16
use provisions" of the Land Development Regulations of the City of Boynton Beach is hereby
amended to state as follows:
Sec. 6. Commercial district regulations and use provisions.
A. C-I 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-1 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 conditional use approval, and th~se 'a~e~ which are
prior to the establishment of these uses:
Copying service. Print shops shall be allowed subject to obtaining an
.... : ...... ,n~ .... ~ ....... "hazardous material or toxic substance
review in accordance with ~ Part 11, Section 9-71 of this
code.
lB.~..,..~-':~c,n~e~-~. -- ---~- -,~,~,~-,; ....... t,,;---~;* Fire Department Hazardous Material Disclosure
required. Any use listed under 6.A.1. or 6.A.1A. above which uses, handles:
stores: ~ displays, or generates hazardous materials, ~ .... ~';-~ ...... *~
hazardous waste, or a toxic substance as the same are defined by 40 Code of
Federal Regulations, Part 261;. or the Florida Substance List as set forth in
Rule 4A-62.004, Florida Administrative Code, shall require an
.... : ...... ~-~ .... ; ....... :* Fire Department Hazardous Material
Disclosure in accordance with ~ Part ]I, Section 9-71 of this
code.
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 sevice individual residential neighborhodds. Generally,
the desired locations for these facilities are near or about the geocenter or other planned
nucleus of the neighborhood, conforming to the general development plan.
1. Uses permitted. Within any C-2 neighborhood commercial zoning district, no
building, structure, land or water, or any part thereof, shall be erected altered,
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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 lA. below shall
require conditionaluse approval, .......... --~ *;' ........,. o ~.:~. n~ n~.~.~ ....~ ~
~ ~ orto eesta s ment
of these uses:
All stores and shops in the C-2 district shall be limited to retial sales.
a. Any use permitted in C-1 district.
qq. Drive-up, dive-through or drive-in service for any of the ratail uses of
personal services listed under 1.ii through 1.pp above. * Drive-up and
drive-through facilities for financial institutions shall be a permitted use,
however.
rr. Automotive service stations, subject to the provisions of 1.cc. above.
ss. Print shops.
tt. Drycleaning on premises, limited to handling goods that are brought to the
premises by retail customers.
uu. 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 -h~ 1.tt 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.
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.
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d~-. Any use listed under 6.B.1 or 6.B.1A, which uses, handles, stores, o~
displays, or generates hazardous materials,,~,- .... ,.._~_~-;~' ~..,~.,,,~*~ hazardous
waste, or a toxic substance, as the same are defined by 40 Code of Federal
Regulations, Part 261;. or the Florida Substance List as set forth in Rule
4A-62.004, Florida Administrative Code, shall require Fire Department
Hazardous Material Disclosure in accordance with Part II, Section 9-71 of
this code.
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 part, for any of the following uses:
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.
a. Any use which ':;ou!d reqmre
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all ' * *aafa~
e-.Any use listed under 6.C.1 or 6.C.1A, which uses, hamtte~ handles,
stores, m: displays, or generates hazardous materials, -r --'~';~' .........
hazardous waste, or a toxic substance, as the same are defined by 40 Code
of Federal Regulations, Part 261; or the Florida Substance List as set forth
in Rule 4A-62.004, Florida Administrative Code, shall require Fire
Department Hazardous Material Disclosure in accordance with Part 1I,
Section 9-71 of this code.
Prohibited uses. Within any C-3 community commercial zoning district, no
building, structure, land or water, or any part thereof, shall be erected, altered,
or uses, in whole or in part, for any of the following uses:
D. C-4 GENERAL COMMERCIAL DISTRICT. These district regulations
will be effective in projecting desirable uses and pattens along the development corridors
that will be located at points along major trafficways. The ultimate desired results are to
group highway uses, keep 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.
Page 9 of 16
e-.Any use listed under 6.D.1 or 6.D.1A, which uses, handles, stores,
displays, or generates hazardous materials,,,.~ .... ,,._~.~';~u e,--.~----~-,*~° hazardous
waste, or a toxic substance, as the same may be defined by 40 Code of
Federal Regulations, Part 261; or the Florida Substance List as set forth in
Rule 4A-62.004, Florida Administrative Code, shall require Fire
Department Hazardous Material Disclosure in accordance with Part 1I,
Section 9-71 of this code.
E. CBD CENTRAL BUSINESS DISTRICT. The intent of this district is to
provide a highly visible community focal point integrating business, retail, and
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.
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~:-. Any use listed under 6.E.1, which uses, handles, stores, o~ displays, or
generates hazardous materials,...~ .... -.·~;cu- - e,,-,-~-,-~-~*~° hazardous waste, or a
toxic substance, as the same may be defined by 40 Code of Federal
Regulations, Part 261,. or the Florida Substance List as set forth in Rule
4A-62.004, Florida Administrative Code, shall require Fire Department
Hazardous Material Disclosure in accordance with Part Il, Section 9-71 of
this code.
wee
Uses prohibited. Within the central business district, no building, structure,
land, or water, or portion thereof, shall be used for any of the following uses:
PLANNED COMMERCIAL DEVELOPMENT DISTRICT.
Uses permitted, conditional uses, uses requiring ......................... r ......
Fire Department Hazardous Material Disclosure in accordance with Part 11,
Section 9-71 of this code.
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 separated from residentially zoned property by a
distance of 200 feet;
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b. Uses ancillary to permitted uses; and
c. Commercial uses not listed in Section 6.C. 1, but approved by the planning
and development board.
d. Any use listed under 6.E.1, which uses, handles, stores, displays, or
generates hazardous materials, hazardous waste, or a toxic substance, as
the same may be defined by 40 Code of Federal Regulations, Part 261~ o.~r
the Florida Substance List as set forth in Rule 4A-62.004, Florida
Administrative Code, shall require Fire Department Hazardous Material
Disclosure in accordance with Part 1I, Section 9-71 of this code.
Section 5. That Chapter 2, "Zoning," Section 7, "Planned industrial development
district" of the Land Development Regulations of the City of Boynton Beach is hereby amended
to state as follows:
Sec. 7. Planned industrial development district.
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 and retail), educational institution, adult entertainment in accordance
with section 11.M, recreational and attractions as defined for the industrial land use
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 ....
Any use approved by the planning and development board for a particular PII)
which uses, handles, stores, o~ displays, or generates hazardous materials, ~
-.~':~' ...... *~ hazardous waste, or a toxic substances, as the same may be
defined by 40 Code of Federal Regulations, Part 261, or the Florida Substance
Page 12 of 16
List as set forth in Rule 4A-62.004, Florida Administrative Code, shall also
require a,a environmental .....~. ~·~.. vv-.~.~ Fire Department Hazardous Material
Disclosure in accordance with Part 1I, Section 9-71 of this code ~
Section 6. That Chapter 2, "Zoning," Section 8, "M-1 industrial district regulations
and use provisions" of the Land Development Regulations of the City of Boynton Beach is
hereby amended to state as follows:
A. M- 1 INDUSTRIAL DISTRICT.
Permitted uses, no distance requirement. 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 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., wc.u!d
..... ; ........ ,,·.~,,; ...... .. ,,.~-'· r~vi~,;. .... ;~ ,..a~.~., . e~;~.v . ~ ^ ~ 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:
o
Permitted uses subject to distance requirement. 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 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 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:
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(1) Plastic products, limited to forming of plastics materials, including
compounding of resins ~;o~.~. ^~ .... ~ ........ .;~;~.. ,~,
mm:mum
(2) Rubber products, limited to fomng of robber matehals; excluding tire
and inne~ube manuhctufing and robber reclai~ng. Est-~lishment of
(3) Machine shops, welding and metalworking shops, tins~ths, sheet
metal hbfication, blacksmith shops; machining, stmping, cutting,
joining, forging, drawing, bending, or other fomng of metals as either
y,~ .y ,~Hnci-a~ or accesso~ use. ~otqkllob~--* *f .... h ........ ;th;~ th~
a
b. Other uses as follows:
(1) Asphalt paving, patching, roofing, and sealcoating, excluding asphalt
and tar plants.
(2) Building cleaning and janitorial services; swimming pool maintenance
services =o,~l;~., ~ .... ~ ........ ;th;. ,~~;.', .... ~;~ ....
(6) Contractors, operative builders, and trade contractors shops and storage
.... r ............................ . ....... vr ........ Any use which uses,
handles, stores, displays, or generates haz~dous materials, h~dous waste,
or a toxic substance, as the sine ~e defined by 40 Code of Federal
Regulations, P~ 261 or the Florida Substance List as set fo~h in Rule 4A-
62.004, Flohda Ad~nistrative Code, shall require Fire Depmment
Page 14 of 16
Hazardous Material Disclosure in accordance with Part II, Section 9-71 of this
code.
a. Manufacturing, fabrication, and processing, as follows:
(1) Dairy products.
D~.~- Q~ 1
Section 7.
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.;
......... F,.' ..... , .............. , or wou
be prohibited under Section 8.A.5., shall fully comply with the provisions of
those sections, where applicable.
That Subsection I, "Status of Existing Uses Requiring Environmental
Review Permits," of Section 11.1, "Nonconforming uses and structures," Chapter 2, "Zoning," of
the Land Development Regulations of the City of Boynton Beach is hereby deleted in its entirety.
Section 8. That Chapter 2, "Zoning," Section 11.3, "Environmental review permits"
of the Land Development Regulations of the City of Boynton Beach is hereby deleted in its
entirety.
Section 9. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance.
Section 10. Authority is hereby granted to codify said ordinance.
Page 15 of 16
Section 11. This ordinance shall become effective immediately upon passage.
2004.
FIRST READING this ~ day of ~ ,2004.
I
SECOND, FINAL READING AND PASSAGE this oqo day of
ATTEST:
(CORPORATE SEAL)
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CITY OF BOYNTON BEACH, FLORIDA
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