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ORDINANCE NO. O4- 032
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, CHAPTER 2 "ZONING", SECTION 6.F.
MIXED USE ZONING DISTRICTS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the regulations for the Mixed Use-High Intensity (MU-H) and Mixed
Use-Low Intensity (MU-L) zoning categories were adopted on June 18, 2002. After eighteen
months of working with these regulations, staff has determined that minor amendments are
warranted to bring the regulations into closer conformance with the intent of the Federal
Highway Corridor Community Redevelopment Plan and to aid in their administration; and
WHEREAS, the City Commission, upon recommendation of staff, the Community
Redevelopment Agency, and the Inlet Cove Association (INCA), does deem it appropriate
and in the best interests of the residents of the City of Boynton Beach, to amend the Land
Development Regulations of the City of Boynton Beach to provide minor amendments
regarding the Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L)
zoning categories.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clause is true and correct and is now ratified and
confirmed by the City Commission.
Section2. Chapter 2. "Zoning", Section 6.F. of the Land Development
Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding
the words and figures in underlined type, and by deleting the words and figures in struck-
through type, in the attached Exhibit "A".
Section 3. Each and every other provision of the Land Development Regulations
not herein specifically amended, shall remain in full force and effect as originally adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
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CHAPTER 2 ZONING Exhibit A
Sec.6. Commercial district regulations and use provisions
F. Mixed Use Zoning Districts
1. Intent and Purpose. The Mixed Usc zoning Districts allow for a diversity of land
uses and accommodate and encourage a mixture of residential, office, retail, recreational, and
other miscellaneous uses on assembled parcels ~'^~'- a,,~ r-,,~...,~ ~;~, ...... r~,..4,~.. ~,;th;,, the
Community Redevelopment Area. All development and redevelopment shall be g,,fideg4E,,-an
appmvod-require a site plan approval to be processed concurrently with the application for
The objectives of the Mixed Use zoning districts are as follows:
a. Support and enhance revitalization efforts in the City's traditional
commercial core area;
b. Create major new residential and mixed use areas in planned locations
with appropriate densities, heights, and mixtures of uses;
c. Create optimal pedestrian environments though appropriate separation
from, and design of vehicular circulation areas;
d. Allow flexibility in architectural design and building bulk; while
maximizing compatibility and harmony with adjoining development within the redevelopment
area;
e.
downtown;
f.
and visitors.
Create surrounding areas that complement rather than compete with the
Create higher quality environments for residents, businesses, employees,
2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected
geographic areas east of 1-95, identified on the City's Future Land Use Map, where a mixture of
uses and building densities is intended to carry out elements of the city's redevelopment plans,
including goals in employment, population, transportation, housing, public facilities, and
environmental quality. Regulations for the planning areas are implemented through two zoning
districts: Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L). Permitted
uses and associated standards for development vary between the zoning districts, each reflecting
the importance of the district's location and its relationship to the downtown. Heights, densities
and intensities of development are regulated according to the classification of the roadway along
the frontage of the property.
A Mixed Use zoning district may be located only on lands designated Mixed Use (MX) or Mixed
Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map.
3. Subdistricts established.
a. MU-H (Mixed-Use-High Intensity) Zoning District.
(1) Upon adoption of the Mixed Use-Core (MX-C) land use
classification, this zoning district shall only be applied to lands classified as Mixed Use-Core
(MX-C) on the Future Land Use Map.
(2) The MU-H district is appropriate for developments that provide for
high density residential in addition to retail commercial and office uses.
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(3) The district allows a maximum height of one hundred-fifty (150)
feet and a residential density of 80 dwelling units per acre, provided that all new developments
within this district that front on streets designated as "arterial" or "collector" roads~ways on the
"Functional Classification of Roadways Map" contain a mixture of retail, office and/o__rr
residential uses arranged either vertically or horizontally.
b. MU-L (Mixed-Use-Low Intensity) Zoning District.
(1) In order to complement the revitalization efforts in the City's
commercial core, the MU-L zoning district shall only be applied to lands peripheral to the
downtown and classified as Mixed Use (MX) on the Future Land Use Map.
(2)The MU-L district is appropriate for low- to mid-rise developments that
provide for medium density residential uses.
(3) The district allows a maximum height of seventy-five (75) feet and
a residential density of 40 dwelling units per acre for mixed use projects.
(4) Building heights between seventy-five (75) feet and one hundred
(100) feet may be permitted if reviewed as a conditional use.
(5) The review of these applications will emphasize aesthetics and
design quality, and physical compatibility with adjacent land uses.
(6) All new mi-x-ed-use developments within this district that contain a
mix of uses shall front on streets designated as "arterial", "collector", or "local collector"
roads~ways'' on the "Functional Classification of Roadways Map" and shall contain a mixture
of retail commercial, office and/o__r.r residential uses, which may be arranged either vertically or
horizontally.
(7) Height restrictions and densities may be further limited in certain
geographic areas to further applicable redevelopment plans.
4. ~Uses.
a. The following table identifies the permitted, restricted and prohibited uses
within the Mixed Use Zoning Districts.
b. Uses are classified as Permitted "P", Conditional "C" or Not Permitted
"N"o
c. Uses permitted with restrictions are followed by a numeral that
corresponds to a footnote below the table. Each footnote explains restrictions associated with the
use.
d. The Planning and Zoning Director or designee shall have the discretion to
approve uses that are not specifically listed but are similar to uses that are expressly permitted
provided, however, such uses are not expressly identified as conditionally permitted or not
permitted in any zoning district within the City.
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TABLE 6F-1
ISCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES
USE GROUP/USE MU-L ZONE MU-H ZONE
Residential or Lodging Use Group
Bed and Breakfast C N
Boutique Hotel N C_~
Hotel C P
Home Occupation P P
Mobile Home N N
Motel N N
Residential, Single Family Detached P N
Residential, Single Family Attached P laC
Residential, Multi-Family P p2/C2
Boarding and Rooming House N N
(except where provided by state law)
Accessory Unit P N
Live/work Unit P
Communit~ Facilities Use Group MU-L ZONE MU-It ZONE
Government Office/Civic Center/Library GP NP_
Recreation (outdoor) P N
Museum P P
House of Worship p~ N_.pX
Police or Fire-Rescue Station p4 p
Postal Center (retail sales only) C 5,o C ~_,_o
Post Office p
Public Park P P
Public Parking Lot or Garage P P
Office Use Group* MU-L ZONE MU-H ZONE
* Not encouraged as a first floor use in the MU-H Zone
Bank/Financial Institution CP 9 CP 9
Medical or Dental Office or Clinic P-~
Physical Therapy Clinic P-~ P-~
Professional Business Office p__O p_6
Veterinary Office or Clinic p6 N
Sales and General Commercial Use MU-L ZONE MU-H ZONE
Group*
* Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways.
Alcoholic Beverage Package Store p6 pO
Ammunition or Firearm Sale or Rental N N
Animal Boarding or Kennel C--P_~~ N
Animal Grooming
Animal Sales N N
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USE GROUP/USE MU-L ZONE MU-H ZONE
Sales and General Commercial Use MU-L ZONE MU-H ZONE
Group*
Antique Store/Fine Arts Antique Auction pa pa
Antique Mall/Flea Market N N
Arts, Crafts, Hobby and Framing pO pO
Auction House N N
Automotive Parts Sales N N
Automobile Sales with Display p~2 p~2
Bakery, Retail pO pO
Boat/Marine Sales/Rental N p~3
Boat/Marine Accessories pO pO
Bookstore pO pO
Building Supplies or Materials N N
Bus Terminal N NC
New Clothing, Shoes or Accessories p6 pO
Boutique
Contractor's Office/Equipment Storage N N
Coffee Shop pO pO
Convenience Store pO pO
Custom Home Furnishings p6 pO
Cyber-caf6 p6 pO
Delicatessen p6 pO
Dive Shop and Instruction as Accessory Use p6 p
Drug Store or Pharmacy p~ p3
Gasoline Sales with/without Vehicle Service Cl° N
Grocery Store, Supermarket p7 p7
Florist p6 pa
Hardware Store p6 p6
Health Food Store pO pO
Home Improvement Centers N N
Lumber Yard N N
Marina C _.C
Newsstand p6 pO
Outdoor Storage or Display N N
Parking Lot for Commercial Vehicles N N
Parking Lot or Garage, Private Ownership C C
Personal Watercraft Sales, Rental, Service, p~2 pO
Parts or Repair
Photographic Studio and Photographic G P o GP o
Supplies
Restaurant, w/Drive Thru N N
Restaurant, Sit-Down Gp__~ p6
Specialty Foods and Confections p{, pO
Sporting Goods pO pO
Tobacco and Accessories p~, pO
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USE GROUP/USE MU-L ZONE MU-H ZONE
Sales and General Commercial, cont'd MU-L ZONE MU-H ZONE
Vehicle or Marine Customizing, Detailing, N N
Service, Parts or Repair
Vehicle or Marine Trailer Sales, Rentals, N N
Service, Repairs and Storage
Video Rental
Wholesale/Warehouse/Distribution N N
Service Use Group* MU-L ZONE MU-H ZONE
* Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways.
Barbershop/Beauty Salon/Day Spa pa pO
Dance Studio pa p6
Dressmaker or Tailor p6
Drycleaner pa,S pO,S
Fitness/Health Club GpO p6
Funeral Home N N
Hospital N N
Labor Pool Establishments N N
Laundromat p6 N
Medical Outpatient Facility GP~ GP6
Nursery, Preschool or Child Daycare pO N
Nursing or Convalescent Home N N
Photocopy Center pO p6
Self-Storage or Mini Warehouse NC~4 N
Shoe Repair p6 pa
Soup Kitchens;/Substance abuse Centers/ N N
Shelters/Half-way Houses
Tattoo Parlor/Body Piercin~ N N
Entertainment Use Group* MU-L ZONE MU-H ZONE
* Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways.
Adult Entertainment N N
Bar, Cocktail Lounge C~_ p6_
Billiard Club/Bowling Alley/Indoor C_~ p6
Recreation Facility
Bingo Hall N N
Fortune Teller N N
Movie Theater N C3
Night Club N C
Performing Arts Theater NC P
Private Clubs, Lodges and Fraternal C-~ C-b
Organizations
Accessory Use MU-L ZONE MU-H ZONE
Drive-Thru Facility (other than accessory C9 N
use to financial institutions and restaurants)
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Restriction Notes:
Must be an integral part of a mixed-use development comprising a maximum of 30
percent of the gross floor area of the entire development.
2 For those with frontage on an arterial road, allowed as a permitted use if the ground level
floor fronting the arterial is devoted to office or retail uses. Otherwise, use is a
conditional use.
3 Use shall be subject to the following distance separation requirements from similar uses,
measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet.
For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500
feet.
Subject to setback and buffering requirements as recommended by the Technical Review
Committee.
Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage
of postal vehicles prohibited.
6 Must be integrated into a commercial or mixed use development and not exceed 30
percent of the gross floor area of the entire development, constructed within the same
structure as the remaining commercial or mixed use development.
? Gross floor area of grocery store must be a minimum of 15,000 square feet and a
maximum of 30,000 square feet.
s On-site drop-off and pick-up only.
9 Drive-thru facility, including stacking lanes, must be screened from public right-of-way
and requires conditional use approval. Ingress/egress shall not be from/to an arterial
roadway.
Shall comply with provisions of Chapter 2, Sec. 11.L., pertaining to retail sale of gasoline
or gasoline products.
Not permitted on property with Federal Highway Frontage in the MU-L Zone unless
consistent with restriction note number six (6).
Indoor storage/display shall not exceed 10,000 square feet.
13 In conjunction with a permitted marina use. Storage/display allowed only in wet docks or
indoor not to exceed lO,O00 square feet.
See Section 14 for regulations.
See Section 15 for regulations.
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5. Buildin~ and site rel~ulations.
Minimum Parcel Size' ' MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
Hotel --- g 1 acre*
*or is part ora mixed use development of at least 3 1 acres.
Residential, Single Family Detached 5,000 sq. ft. ---
Residential, Single Family Detached w/Accessory Unit 7,500 sq. ft. ---
Residential, Single Family Attached (Duplex) 7,500 sq. ft. ---
Residential, Single Family Attached (Townhome) 2,500 sq.fi./unit 65,000 sq. ft.
Residential, Multi-Family 15,000 sq. fi. 20,000 sq. fi.
Community Facility Use Group
Public Park no minimum no minimum
All other Uses 10,000 sq. ft 10,000 sq.
Minimum Living Area MU-L ZONE MU-H ZONE
Single Family Detached 1,000 sq. ft. ---
All other Residential 750 sq. ft. 650* sq. ft.
Accessory Apartment 750 sq. ft. ---
* Size of all units must average !,000 850 sq. ft.
Minimum Lot Frontage MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
Residential, Single Family Detached 50 ft. ---
Residential, Single Family Attached (Duplex) 75 ft ---
Residential, Single Family Attached (Townhome) 25 t2/unit ---
Residential, Multiple-Family 100 ft. 100 ft.
All Other Uses 100 fl. 100 ft.
Maximum Height MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
Residential, Single Family Detached 35 ft. ---
Residential, Single Family Attached (Duplex) 35 ft ---
All Other Uses
Locational Requirements for Height~ Densi~ and Floor Area Ratio Apply
Type Of Zoning Districts
Roadway MU-L ZONE MU-H ZONE
Frontage Hei~,ht~ Densi .ty FAR2 Height~ DensiW, FAR2
Arterial 753-1003,4 ft 40 du/ac 1.5-2.0 150 ft?' 80 du/ac 4.0
Collector 45-75~ ft 20-40 du/ac 1-1.5 150 ft.! 80 du/ac 4.0
Local Collector 45 ft 20 du/ac 1.0 NO NO NO
Local NO NO NO NO NO NO
~' Minimum Height on any street frontage is 35 feet.
2. Includes all habitable space, including residential units, (excluding parking structures)
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3. Maximum height of front 'facade is 45 ft. above which building must step back a minimum 10 ft. of
stepba~ for c~ve,ey each additional 50 ft. of height.
4. May increase to the maximum:, subject to confiitie, ns to minimize above 75 ff. and up to 100 ft.,
subject to conditional use approval to ensure design and land use hacompatibilities.
Multiple story buildings are encouraged within the Federal Highway Corridor District,
particularly along arterial roadways. The intent of this provision is to create the appearance of,
or simulate the intensity of, a minimum two (2)-story building.
MINIMUM PERVIOUS AREA MU-L ZONE MU-H ZONE
Community Facility Use Group
Public Parking Lot or Garal~e --- 15%
Residential Or Lodging Use Group
Residential, Single Family Detached 40% ---
Residential, Single Family Attached 30% 30%
All Other Uses 20% 15%
FRONT YARD SETBACK MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
Residential, Single Family Detached build to line 10 fi.~ ___
Residential, Single Family Attached build to line 10 fi.~ ___
Residential, Multi-Family build to line 10 fi. 2 0-15 fi.
All Other Uses including mixed use with a single-family 0 fl or 10 fl3 0 flov 4015 ftn
attached component--build-to line
Porches may be placed forward of the build to line and shall maintain a minimum 2 foot
setback from any public sidewalk. Porches shall be placed outside of clear sight triangle.
Minimum setback for a garage facing or accessing the street is 20 feet.
Projecting feature(s) such as awnings, balconies, porches and/or stoops sP. all max/be
placed forward of the build-to line and shall maintain a minimum 2-foot setback from any
public sidewalk.
One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or
stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance
from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a
minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance.
Where intent is to widen pedestrian walkway in compliance with Section 9.(d) Landscaping
(below).
SIDE YARD MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
Residential, Single Family Detached, Interior 6 ft. ---
Comer 15 ft -o-
End 10 ft. ---
Residential, Single Family Attached (Duplex) Comer 15 ft. ---
Residential, single Family Attached (Townhomes) End 10 ft ---
Comer 15 ft.
Residential, Multi-Family 20 ft! 0 ft~
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All Other Uses
Adjacent to Residential Single Family Attached or 25 fi. ~ 0 ft.
Detached in the MU-L Zone
Adjacent to Other Uses 0 fi. ~ 0 ft.
plus one additional foot for each foot of height over 45 ft. where adjacent to an existing
single-family detached dwelling, less width of right-of-way.
REAR YARD MU-L ZONE MU-H ZONE
Residential Or Lodging Use Group
All Residential, Where Yard is Adjacent to
Intracoastal Waterway 25 ft. 25 ft.
Residential, Single Family Detached 7.5 ft. ---
Residential, Single Family Attached 7.5 ft. ---
Residential, Multi-Family 25 ft. 2 0 ft. ~
All Other Uses
Where Yard is Adjacent to Intracoastal Waterway 25 ft. 0 ft.~
Where Yard is Adjacent to Residential Single Family 25 ft. 2 25 ft. ~
Attached or Detached
Where yard is Adjacent to All Other Uses 0 ft. z 0 ft. ~
subject to requirements of any permitting agency having jurisdiction over construction
abutting the Intracoastal Waterway.
plus one additional foot for each foot of height over 45 ft. where within or abutting the
MU-L Zone
Fifteen (15) feet abutting a street, 10 feet abutting an alley.
6_ Rezoning of Single-family Residential Zoning Districts to Mixed Use Zoning
Districts. All requests for rezoning from any single-family residential district to a mixed use
zoning district shall be subiect to the following additional requirements:
· Height, density and intensity of development based on the roadway frontage;
· Ratio of lot frontage to depth that is no more than 1 foot (frontage) to 1.25 foot
(depth):
· Vehicular access to the property located to minimize impacts on adjacent single-
family developments and meet safety standards; and,
· Landscape barriers provided, in accordance with the landscape regulations of this
code, where the rezoned property abuts single-family residential zoning.
67. Mixed Uses.
a. Buildings containing residential and non-residential uses are required
within the MU-H zoning district for all properties fronting on arterial roadways, and permitted
and encouraged, within the MU-L zoning district._ a~ Mixed use structures are subject to the
same development standards as "all other uses."
b. Residential uses within mixed-use structures shall not be located on the
ground floor, which shall be reserved for nonresidential uses.
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c. Nonresidential uses within mixed residential/nonresidential structures
shall be evaluated for their compatibility with residential uses located on upper floors, and shall
demonstrate compatibility based upon use-type, construction materials, floor plan and site layout,
and other factors as determined appropriate given the type of use.
;t8. Building Placement, Massing & Orientation. Structures fronting on arterial
roadways within the MU-H and MU-L Zones shall occupy the entire width of the parcel they are
located upon, notwithstanding comer side setbacks and clearance needed for a drive that may be
required to access the rear of the property.
9. Access. Within the MU-H and MU-L Zones, vehicular access to parking shall not
be directly from an arterial roadway, if an alternative is available.
$10. Landscaping
a. MU-H District.
(1) Trees. All new construction in the MU-H District shall provide
shade trees in the streetscape.
· The trees selected shall be consistent with the established theme of
the street, where appropriate. The City Forester will provide
consultation on appropriate species.
· Trunks shall be a minimum four (4) inch caliper and provide seven
(7) feet of vertical clearance for visibility.
· In instances where canopies of overhangs make it infeasible to
plant trees, alternative means of providing landscaping for the
sidewalk shall be utilized.
· Upon inspection by the City Forester, any trees found to be in
declining condition shall be replaced within thirty (30) days.
(2)
Tree Spacing
· Trees shall be regularly spaced. The spacing of the trees shall be
20-25 feet on center.
· Spacing may be modified by factors such as the placement of
utilities, by property access points, sight lines at comers or by comer
conditions.
· Tree placement shall match the existing pattern, where appropriate.
· Tree guards, fabricated to City specifications, shall be placed
adjacent to the curb, where feasible.
(3)
Tree Irrigation
· Irrigation systems shall be installed to service all trees and other
landscape materials.
· Irrigation systems shall be in operable condition at all times.
(4)
Sidewalks
· All new construction in the MU-H District shall provide new
sidewalks.
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· Sidewalks constructed along arterial roadways shall be a minimum
of ten (10) feet wide, measured from the rear of curb.
· Sidewalks shall, where practical, be Holland-Stonepavers,
red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S
herringbone pattern to continue the design elements in place along
Federal Highway.
(5)
Flower Containers
· To add color and soften sidewalk paving with plants, flower
containers containing blooming annuals or perennials m,~qm~mg~
t~ shall, where practical, be planted and maintained along facades of
new building fronting on arterial roadways in the MU-H District.
911. Parking Requirements. Parking requirements for both the MU-H and MU-L
zoning districts shall be as set forth by Chapter 2, Section 1 IH, of the Boynton Beach Land
Development Code. Chapter 2, Section 11.I shall apply only to the MU-H zoning district.
a. On-site parking facilities shall be located to the rear or side of the structure
they are intended to serve and screened from view from public streets, notwithstanding other
provisions of these regulations that require a specific residential automobile garage setback, and
paragraphs 8d. and 8e. below, permitting understory parking and regulating parking garages.
The intent of this provision is that parking facilities not be prominent as viewed from the street(s)
that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings
and pedestrian features and de-emphasize parking facilities. In order to best achieve this
objective, rear parking is preferable to side yard parking. Access to parking shall be from side
streets not serving as the principal structure's main frontage when possible in order to minimize
vehicle/pedestrian conflicts along sidewalks resulting from driveway crossings.
b. Mixed-use developments may utilize the following parking requirements
based upon shared parking with different hours of use. The total requirement for off-street
parking spaces shall be the highest of the requirement of the various uses computed for the
following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime,
evening) and nighttime. For the purpose of calculating the requirement of the various uses for
the various separate time periods, the percent of parking required shall be:
Weekday Weekend
Daytime Evening Daytime Evening Nighttime
(6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight-
5 p.m.) midnight) 5 p.m.) midnight) 6 a.m.)
(Percent) (Percent) (Percent) (Percent) (Percent)
Office 100 10 10 5 5
Retail 75 75 100 70 5
Lodging 75 100 75 100 75
Restaurant 50 100 100 100 10
Entertainment 40 100 90 100 10
Residential 60 100 100 100 100
(Source: Urban Land Institute "Shared Parkin,,", 1983)
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c. Freestanding parking garages as part of a mixed use development are
permitted within the MU-H Zone only. Within the MU-H Zone, freestanding single-use parking
garages shall not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach
Boulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said
streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor.
The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to
a minimum depth of twenty (20) feet, so as to disguise the garage and create continuity in street-
level activity by maintaining interest for pedestrians and passing automobile traffic. Principal
structures that include parking garages shall be designed to blend the architecture of the garage
with the remainder of the structure to create the illusion that the garage is habitable floor space.
d. Parking garages that are incorporated into the same structure as a principal
building, including structures providing parking on lower floors and habitable space on upper
floors, are permitted within the MU-H and MU-L Zones. Understory parking (on the first floor
of a structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings.
Such first floor parking areas, abutting on arterial roadways, are required to be developed for
commercial uses to a minimum depth of twenty (20) feet. All other visible sides of the parking
structure shall be screened from view by a living trellis (utilizing climbing vines) and/or
architecturally articulated faqade designed to screen the parking area.
e. In order to increase the efficiency of parking provision and vehicle
circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall,
wherever feasible, be designed for future connection to an adjoining parcel where an existing
connection cannot be established.
11.__~. Dumpster Location. Dumpsters shall be adequately screened from view in a
manner compatible with the surrounding environment.
124--1-. Circulation. Development sites with frontage on Federal Highway, Ocean
Avenue and Boynton Beach Boulevard shall be designed to discourage mid-block street
crossings on these streets.
13__~. Signage. Chapter 21 shall govern signage within the Federal Highway Corridor
District, Signs, of the Boynton Beach Land Development Code.
~" '" Self-
storage Design Requirements.
a. Location ofsel_f-storage use. Self-storage uses shall only be allowed above
the first floor in a mixed-use structure.
Ground-floor retail uses required. Street frontages of the ground floor area
shall be devoted to one or more principal retail and office uses, not related to
the self-storage use, to a depth of at least twenty (20) feet.
Access to self-storage facilities. Access to self-storage use portion of the
structure shall not be from/to an arterial roadway and must be screened from
public right-of-way.
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Design of buildings. Buildings shall be designed to have the appearance of a
multi-story retail, office and/or residential structure through the use of
windows, shutters, and appropriate building elements on the upper floors.
Live/Work Unit Requirements.
a. Minimum Floor Area. The minimum floor area of a live/work unit shall be
one thousand (1,000) square feet.
bo
Permitted floor Area. No more than 30% or four hundred (400) square feet,
whichever is greater, of the live work unit shall be reserved for living space,
including kitchen, bathroom, sleeping and storage areas. The rest of the gross
floor area of each unit shall be reserved and regularly used for working space.
Separation Required. Each live/work unit shall be a separate unit from other
uses in the building. Access to each live/work unit shall be provided from
common access areas, common halls or corridors, or directly from the exterior
of the building.
d. Parking. Each live/work unit shall be provided at least two and one half (2 ½)
parking spaces.
Permitted Work Activity. The work activity in a building where live/work
units are allowed shall be any use permitted by right in the zoning district,
except that in order to protect the health and safety of persons who reside in a
live/work unit, no work activity shall be permitted that by virtue of size,
intensity, number of employees or the nature of the operation, has the
potential to create significant impacts by reason of dust, glare, heat, noise,
noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be
hazardous by way of materials, process, product or wastes.
Occupational License Required. At least one,,,,,,,,v,~.,* resident of an
individual live/work unit shall maintain a current occupational license for a
business located in that unit.
No Separate Sale or Rental of Portions of Unit. No portion of a live/work trait
may be separately rented or sold as a commercial space for a person or
persons not living in the premises or as a residential space for a person not
working in the same unit.
No Conversion of Units. No live/work unit shall singly be changed to
exclusively commercial or exclusively residential use. No conversion of all
live/work units in a single structure to exclusively residential use shall be,
where the work portion of the units is the only commercial use in a project,
nor shall conversion to exclusively commercial use be permitted where the
live portion of the units is the only residential use in a project.
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-1416. Definitions. The following are supplement definitions applicable only to the
Mixed Use Zoning Districts, and therefore take precedence over definitions in other portions of
the Code in case of conflict.
Accessory apartment: a habitable living unit added to or created within a single-family
dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation.
Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor
area of the single-family dwelling and shall in no case be more than 750 square feet.
Antique shops, or Auction house: any premises used for the retail sale,_o~ trading or auction of
articles of which eighty percent (80%) are over fifty (50) years old or have collectible value.
Antique shop or auction house does not include "secondhand store or auction of used
merchandise".
Child Care: an establishment that provides care, protection and supervision for children on a regular
basis away from their primary residence for less than 24 hours per day. The term does not include
facilities operated in conjunction with an employment use or other principal activity, where children are
cared for while parents or custodians are occupied on the premises or in the immediate vicinity.
Coffee house: an informal caf6 or restaurant primarily offering coffee, tea, and other non-
alcoholic beverages, and where light refreshments and limited menu meals may also be sold.
Convenience Store: a small store near a residential area that stocks food and general goods and
is open all or most of the day and night.
Custom furnishings: home furniture and decorative objects built to a buyer's specifications.
Cyber caf& a coffee house that provides patrons with computer terminals for browsing the
Internet for a fee.
Day Spa: Spa facilities that have no overnight accommodations, but offer (an array of spa
treatments administered by licensed and certified spa technicians) beauty, wellness and
relaxation programs that may last from a few minutes up to a full day.
Fitness/Health Club: A commercial recreation and entertainment facility or private club which has as
a PRINCIPAL USE a gymnasium, swimming pool or other sports facility and which may offer massages,
whirlpool baths, steam rooms, saunas or medical facilities as ACCESSORY USES to the PRINCIPAL
USE.
Fortune-teller/Psychic: somobody Person who makes predictions about the future through
methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or
examining tea leaves.
Half-way House: A residential facility used to house individuals being transitioned from penal
or other institutional custody back into the larger society.
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Hotel: A building or portion thereof containing twenty (20) or more guest rooms, efficiency
units or suites designed for the temporal_ lodging of transient guests rented on a daily basis and
occupied for less than thirty (30) days. Ancillary_ facilities may include conference facilities,
restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to
the guest quarters shall be through an inside lobby and corridors or from an exterior court which
is within a secured area.
Hotel, Boutique: A small luxury hotel containing ten (10) to ~ twenty (20) guest
rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or
lunch service and room service may also be provided.
Hotel, Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more
than 5% of its rooms are occupied for at least thirty (30) days and no more than one hundred and
eighty (180) days.
Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and
landscaped with vegetative material and ground covers pursuant to the Boynton Beach
Landscape Code.
Live/Work Unit: A commercial unit with incidental residential accommodations occupying one
(1) or more rooms or floors in a building primarily designed and used for commercial occupancy
and providing, 1. adequate working spaced reserved for commercial use and regularly used for
such purpose by one (1) or more persons residing in the unit; and, 2. living space containing, but
not limited to, a sleeping area, food preparation area with reasonable work space and a full
bathroom.
Medical outpatient facility: an establishment where patients who are not lodged overnight are
admitted for examination and treatment by a group of physicians, dentists, or other health care
professionals.
Mixed Use Development: a combination of two or more uses on a single parcel, tract or
development pod. In the Mixed Use-High zoning district this shall consist of a structure or series
of structures containing gro',md floor retail c-ommom~ with office us~s and/or housing above
residential uses arranged vertically. In the Mixed Use-Low Intensity and Suburban Mixed Use
zoning districts, mixed-use can refer not only to uses within single buildings, but to different
uses mixed in close proximity in a single development.
Motel: A building or group of buildings designed to provide sleeping accommodations for
transient or overnight guests. Each building shall contain a minimum of ten (10) residential units
or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc.
Newsstand: a stall, booth or store where newspapers and magazines are sold.
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Package liquor store: an establishment where alcoholic beverages are dispensed or sold in
sealed containers for consumption off the premises.
Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to
the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating
rinks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, court sports
and swimming pools.
Residential, Multi-Family: A building containing three (3) or more dwelling units that cannot
be classified as single-family attached.
Residential, Single Family Attached: Two (2) or more one-family dwellings attached by
common vertical firewalls, whereby each unit has its own front and rear access to the outside,
and no unit is located over another unit. Examples of single-family attached dwellings include
duplexes and townhomes.
Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low-
cost short-term lodging for individuals who would otherwise be homeless.
Soup Kitchen: A facility providing free or very low-cost meals or distributing free or very low-
cost pre-packaged foodstuffs to the public as part of a charitable activity, program or
organization.
Substance Abuse Center: A facility used primarily for the treatment of individuals for alcohol
or drug abuse.
Theater: A building or outdoor structure expressly designed for the presentation of plays,
operas, music concerts, motion pictures, etc.
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FIRST READING this t4 day of May, 2004.
SECOND, FINAL READING AND PASSAGE this
May, 2004.
ATTEST:
[8 dayof
CITY OF BOYNTON BEACH, FLORIDA
V~ice M c9/
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