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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 Page 1 of 16 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: Page 2 of 16 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, Page 6 of 16 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. Page 7 of 16 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 Page 8 of 16 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. Page 10 of 16 ~:-. 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; Page 11 of 16 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: Page 13 of 16 (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) s:ca\OrdinancesXERC Ord -LDR.doc H:\1090\9001~c CITY OF BOYNTON BEACH, FLORIDA ~/~.../~yor / ~ . Vice~~ Commissi~ · ;. Page 16 of 16