O89-02ORDINANCE NO. 89-4
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 5, ARTICLE X, SECTIONS
5-138 AND 5-139 OF THE CODE OF
ORDINANCES TO CLARIFY THE SCOPE AND
APPLICATION OF THE PARKING ORDINANCE AND
EXEMPTIONS THERETO; PROVIDING THAT EACH
AND EVERY OTHER PROVISION OF CHAPTER 5,
ARTICLE X NOT SPECIFICALLY AMENDED
HEREIN SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ENACTED; PROVIDING
A CONFLICTS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 5, Article X, Section 5-138
is hereby amended by adding the words and figures in
underlined type and by deleting the words and figures in
struck-through type as follows:
Sec. 5-138. Scope.
These regulations shall be
applicable to all 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
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 Section 11 H
16 of Appendix A, Code of
Ordinances;
(d)
When compliance with
landscaping code is required;
the
(e)
When temporary sales trailers are
proposed;
(f)
when an existing parking lot is
e~panded by twenty-five (25) per
c~nt or more in parking stalls
b~yond 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
article.
Section 2.
That Chapter 5, Article X, Section 5-139
is hereby amended by adding the words and figures in
underlined type and by deleting the words and figures in
struck-through type as follows:
Sec. 5-139.
Exemption to these regulations.
These
applicable
conditions:
regulations shall not be
under the following
(a)
When temporary office trailers are
proposed where the public is not
invited;
(b)
When temporary construction or
storage trailers are proposed where
the public is not invited;
(c) When the parking of equipment or
work vehicles or the storage of
materials is proposed; and
(d) When an existing parking lot is
expanded by less than twenty-five
(25) per cent in parking stalls
beyond what was originally
approved7 and no buildinq(s) is
DroDosed to be enlarged or
constructed, the existing portion
of the parking lot need not comply
with the requirements of this
article. However, any newly
constructed areas must compl~y with
the requirements of this article.
(e) When a multi-family residential
project is proposed and is designed
in such a manner so as to include
units containing garages served by
driveways, then these units shall
be exempt from the requirements of
this article. This exemption shall
not be construed to apply to
multi-family units that do not
contain garages.
In all instances, where exemptions
listed above apply, the area proposed
for parking or storage shall be improved
to provide a hard, dust-free surface,
which shall comply with city standards.
Section 3.
That each and every other provision of
Chapter 5, Article X not specifically amended herein shall
remain in full force and effect as previously enacted.
Section 4. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 5. 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 6.
ordinance.
Section 7.
immediately upon passage.
FIRST READING this
1989.
Authority is hereby granted to codify said
This ordinance shall become effective
day of ~x~/~z~ ~' ,
SECOND, FINAL READING and PASSAGE this ~/~ day of
1989.
ATTEST:
City/~erk
Mayor ~
Vic~ Mayor
Commissioner
ommlssloner
Cdn{missioner '
(Corporate Seal)