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ORDINANCE NO. 05- O 1'7
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING CHAPTER 2 ENTITLED
"ZONING," SECTION 6.H ENTITLED "SMU-
SUBURBAN MIXED USE ZONING DISTRICT" OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF BOYNTON BEACH, FLORIDA, PERMITTING
LIVE/WORK UNITS, ESTABLISHING REGULATIONS
GOVERNING LIVE/WORK UNITS, AND PROVIDING
FOR PERMITTED USES IN THE SMU DISTRICT;
PROVIDING FOR CONFLICTS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the proposed revisions to the Suburban Mixed Use zoning district to Part
III of the City of Boynton Beach Code of Ordinances is an amendment to the Land
Development Regulations requested by Town & Country Homes Florida; and
WHEREAS, the City Commission deems the adoption of this Ordinance to be in the
best interests of the citizens and residents of the City of Boynton Beach, Florida;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. That Chapter 2 entitled "Zoning," Section 6.H entitled "SMU- Suburban
Mixed Use Zoning District" is hereby amended as follows:
H. SMU- SUBURBAN MIXED USE ZONING DISTRICT
3. Permitted uses. The following table identifies the permitted, restricted,
and prohibited uses within the Suburban Mixed Use Zoning District. Uses are classified
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as permitted "P", Conditional "C", or Not Permitted "N". 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. 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.
TABLE 6H-1
SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORYa AND CONDITIONAL
USES
USE GROUP/USE SMU
ZONE
Residential or Lodging Use Group
Bed and Breakfast C
Hotel C
Home Occupation P
Mobile Home N
Motel N
Residential, Single Family Detached P
Residential, Single Family Attached P
Residential, Multi-Family P
Temporary Sales Office P
Temporary Model Residences P
Live/Work Units p~
Boarding and Rooming House (except where provided by state law) N
Accessory Unit P
Community Facilities Use Group
Government Office/Civic Center/Library P
Recreation (outdoor) C
Museum P
House of Worship p1
Police or Fire-Rescue Station P
Postal Center (retail sales only) p2
Post Office P
Public Park P
Public Parking Lot or Garage P
[REMAINDER OF TABLE UNCHANGED]
Restriction Notes:
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Subject to compliance with supplemental regulations in Section 5(b).
5. Mixed Uses.
a_. Buildings containing residential and ~-rq~id~atial
nonresidential uses are encouraged within the SMU zoning district and
subject to the same development standards as "all other uses."
Residential uses within mixed-use structures, with the exception of
designated live/work units, are encouraged not to be located on the
ground floor, which shall be reserved for nonresidential uses.
b. Nonresidential uses
residential/nonresidential structures
within mixed
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 reasonable factors as determined
appropriate given the type of use.
c. Live/Work Units. This subsection provides for the use of
residential structures to accommodate live/work opportunities.
Live/work units shall be specifically designated on the site plan, and
comply with the following standards and requirements. These provisions
are not applicable to dwellings or occupations that meet the definition of
Home Occupation in section 11 .D of this chapter.
(1) Unit Requirements.
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(a) No more than thirty (30%) percent or four hundred
(400) square feet, whichever is greater, of the live/work unit shall
be utilized for working space. Working space shall be located on
the ground level and shall not utilize garage or living spaces.
(b) Each live/work unit shall be a separate unit from
other uses in the building. The ground floor of all live/work units
shall meet the Florida Building Code requirements for mixed
occupancy buildings. Each unit, including the garage, shall be
separated by walls from other live/work units or other uses in the
building.
(c) Buildings designated as live/work shall provide
universal accessibility to the front and to the interior space of the
nonresidential area of the live-work unit from the public sidewalk
adjacent to the street.
(d) To minimize impacts to the greater neighborhood,
units planned for live/work uses shall be located at the perimeter
and/or where
way.
(2)
live/work
of the residential project or along the project's principal roadway,
possible, adjacent to perimeter/external rights-of-.
Permitted Uses. Nonresidential uses that are permitted in
units are generally limited to professional service, business
service, or tutoring services. A listing of common uses permissible in
live/work units, subiect to issuance of occupational license are located in
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subsection 16, below. No work activity shall be permitted that by virtue
of intensity or number of employees has the potential to create impacts
by reason of traffic, parking issues, hazardous materials, or excess waste.
(3)
employees,
undertake business activities from said unit.
Occupancy and Employees.
in addition to the resident(s)
No more than two (2) on-site
of the live/work unit, may
At least one resident of an
individual live/work unit shall maintain a current occupational license for
a business located in that unit. Acknowledgement, in the form of an
affidavit, of the employee limitation shall be made by the unit resident, at
the time of application for an occupational license. The work area shall
not be rented separately from the living space.
(4) Parking. The City encourages that one (1) parking space
per two (2) live/work units be provided to meet business activity needs.
Parking provided to meet this requirement shall be located on the lot,
built into or under the structure, or within 300 feet of the unit in which
the use is located. Parking provided to accommodate said space,
including driveways of adequate depth in front of the unit's garage, shall
not serve as meeting required parking for the unit's residential use.
(5) Signage. One wall plaque shall be permitted per live/work
unit, not to exceed two (2) square feet in sign copy area, in
accordance with the applicable sign program.
(6) Site Plan Requirement. All respective plan pages shall
identify all proposed live/work units and buildings. Live/work units shall
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be tallied in the site plan tabular data.
15. Live/Work Unit Permissible Uses. The following list identifies
the permitted uses within designated live/work units, subject to occupational
license requirements:
BUSINESS SERVICE
Business service - Addressing service/mailing list compiler
Business service - Arbitrator, mediator service
Business service - Cleaning services, maid, housekeeping, janitorial
Business servlce - Commercial artist/design studio
Business service - Commercial photography
Business service - Computer programming service
Business service - Computer software development
Business service - Data processing
Business service - Direct mail advertising services
Business service - Editing, proofreading, typing service
Business service - Paralegal
Business service - Party supplies, rental/leasing (office only, no storage on
site)
Business service - Private investigator
Business service - Recording service
Business service - Secretarial service
Business service - Boat broker (office only)
PERSONAL SERVICE
Personal service - Alteration, dressmaking shop, tailor
PROFESSIONAL SERVICE
Professional service - Abstract and/or title company
Professional service - Accountant/income tax services
Professional service - Adjusters, insurance
Professional
Professional
service
service
Professional servme
Professional service
Professional
Professional
Professional
Professional
Professional
Professional
Professional
service
service
service
service
service
service
service
Professional service
Professional service
Professional service
- Advertising office
- Appraiser
- Architect
-Attomey
- Auctioneer (office only)
- Author
- Broker
- Business analyst
- Calculating and statistical service
- Court reporting/stenographers
- Credit reporting
- Engineer's office
- Importer/exporter (office only)
- Insurance agency/bond office
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Professional service - Interior decorating
Professional service - Loan company office
Professional service - Market research office
Professional service - Model agency
Professional service - Notary_ Public office
Professional service - Public relations office
Professional service - Real estate sales/management office
Professional service - Travel agency
OTHER USES
Tutoring or instruction (Academic, music, art)
Art studio with ancillary sales
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. This Ordinance shall become effective immediately.
FIRST READING THIS { day of ~~ ,2005.
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SECOND, FINAL READING AND PASSAGE this t~' day of
2005.
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CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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~(~.............~ice Mayor
?~Ulpmmisgi~.~~~~~
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