05-034
I I
1 ORDINANCE NO. 05- 0:34
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING THE LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 1, "GENERAL
6 PROVISIONS", BY CREATING A NEW ARTICLE X,
7 "ADMINISTRATIVE ADJUSTMENT TO MINIMUM
8 YARD SETBACKS"; AMENDING LAND
9 DEVELOPMENT REGULATIONS, CHAPTER 2
10 "ZONING", SECTION 4., "GENERAL PROVISIONS,";
11 AMENDING SECTION 5., "RESIDENTIAL DISTRICT
12 REGULATIONS AND USE PROVISIONS, " TO
13 ADDRESS CONCERNS REGARDING SETBACKS,
14 ACCESSORY STRUCTURES AND FENCES, WALLS
15 AND HEDGES; PROVIDING FOR CONFLICTS,
16 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
17 DATE.
18
19 WHEREAS, the City Commission, upon recommendation of the Community
20 Redevelopment Agency and the Planning and Development Board, deems it appropriate and
21 in the best interests of the citizens and residents of the City of Boynton Beach, to amend the
22 Land Development Regulations of the City of Boynton Beach to address concerns regarding
23 setbacks, provide more flexibility in acquiring and siting storage structures, and better regulate
24 the placement of fences and walls while preserving the integrity of the zoning regulation and
25 neighborhood quality.
26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section I. The foregoing whereas clause is true and correct and is now ratified and
29 confinned by the City Commission.
30 Section 2. Chapter I, "General Provisions" of the Land Development Regulations
31 of the City of Boynton Beach Code of Ordinances is hereby amended to create a new Article
32 X as follows:
33 ARTICLE X. ADMINISTRATIVE ADJUSTMENT TO
34 MINIMUM YARD SETBACKS
35
36 Sec. 1. Intent. The intent of these provisions is to provide minor reductions to
37 the minimum yard setbacks in order to better facilitate renovation/redevelopment efforts on
38 individual lots in single-family zoning districts. In staff consideration of requests for
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1 administrative adiustment to minimum yard setbacks, various criteria will be utilized to
2 detennine compatibility with and impact on the surrounding neighborhood. Staff will review
3 the site constraints, building orientation and floor plan functionality issues that iustify the
4 request. Additionally, staff will take into consideration compatibility with the established
5 character of the neighborhood, the massing of the building or addition(s) and reasonableness
6 of the request.
7
8 Sec. 2. Submittal Requirements.
9
10 A. Proof of property ownership by petitioner(s), such as deed or purchase
11 contract agreement.
12 B. Justification statement detailing the need for the setback adiustment,
13 including site constraints, building orientation, floor plan functionality
14 and other restrictions.
15 c. Provision of the following:
16
17 1. Two sealed surveys by a registered surveyor in the State of
18 Florida, not over six (6) months old, including:
19
20 a. All property lines
21 b. North arrow
22 c. Existing structures and paving
23 d. Existing elevations
24 e. Rights-of-way, with elevations
25 f. Easements on or adiacent to the site
26 g. Utilities on or adiacent to the site
27 h. Legal description
28 1. Number of acres to the nearest one-hundredth (1/100)
29 of an acre
30 ]. Location sketch of property
31
32 2. Two site plans properly dimensioned and to scale depicting the
33 following:
34 a. Location of all existing structures on the property
35 b. Location and dimension of any new construction
36 c. Setback dimensions to all property lines
37 d. Location of, and dimension to, streets, alleys and
38 easements on or adi acent to the property
39 e. Floor plans of proposed addition(s) and of adiacent
40 habitable space in the existing structure
41 f. Location, number and size of existing and proposed
42 parking spaces on the property
43
44 3. Photographs depicting the existing conditions on the property,
45 area of the proposed additions(s), and views facing adiacent properties.
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1 4. Address labels for the purpose of mailing notice to the owners
2 of the properties that are immediately abutting the property that is the
3 subiect of the application for the administrative adiustment. The
4 address labels shall contain the name and address of the property
5 owners for property immediately abutting the applicant's property as
6 listed by the Palm Beach County Property Appraiser's Office.
7
8 Section 3. Chapter 2, "Zoning", Section 4, "General Provisions," of the Land
9 Development Regulations of the City of Boynton Beach Code of Ordinances, shall be
10 amended to read as follows:
11
12 Sec. 4. General provisions.
13 A. ONE PRINCIPAL BUILDING PER LOT. Within single-family residential
14 districts only one (1) principal building and its accessory building shall occupy or be
15 constructed upon any lot or lots or portions of lots that may be combined to meet the size
16 required for each district.
17
18 B. ACCESSORY BUILDINGS. Accessory buildings in residential districts shall
19 be constructed to confonn with the minimum building and site regulations that are generally
20 applicable in the district where the building is to be located, provided, however:
21
22 1. All accessory buildings shall be located only in the side or rear yard; at I
23 least hvelve (12) feet from the principal building; and
24
25 2. Detached storage structures of any type construction not exceeding one
26 hundred (100) square feet in floor area and seven (7) eight (8) feet in height for I
27 a flat roof or nine (9) feet in height at peak for a sloped roof, may be erected to
28 a point at least three (3) feet from the side property line and/or at least three (3)
29 feet from the rear property line providing no easement rights are abridged.
30 Where the detached storage structure is visible from an adiacent right-of-way
31 or abutting property, it shall be effectively screened with appropriate
32 landscaping, a wall and/or a fence.
33
34 C. BUILDING FRONT AGE. Every principal building shall be located on a lot or
35 a publicly dedicated, accepted and maintained street or private street which confonns to
36 accepted street standards of this city.
37
38 D. THROUGH LOTS (DOUBLE FRONT.A..GE). On through lots, the required
39 front yard shall be provided on each street. DUAL FRONT AGE LOTS, ALSO REFERRED
40 TO AS "THROUGH LOTS". The predominant building orientation on the block where the
41 dual frontage lot is located shall detennine front and rear setbacks. No accessory structures
42 may be forward of the front building line, as detennined above (example: pools, sheds, swing
43 set, etc.). Additionally, fences, walls, and hedges may be placed at the regulated height for
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1 rear yards, as detennined above, provided there is a provision made for a hedge along the
2 street-side of the wall or fence. Said wall or fence must be setback a minimum of 18 inches
3 from the property line and planted with a continuous hedge at a minimum of one-half the
4 height of the wall or fence. Said landscape material shall be appropriately irrigated.
5
6 E. VISUAL OBSTRUCTIONS. No fence, sign, planting, hedge, shrubbery, wall or
7 other visual obstruction shall be created or maintained with a height greater than two feet six
8 inches above the street level, within twenty-five (25) feet of the intersection of the right-of-
9 way lines of two (2) streets, in any zone, except that open chain-link type fences may be a
10 maximum of four (4) feet and kept visually clear.
11
12 F. HEIGHT LIMIT A TIONS AND EXCEPTIONS
13
14 1. No portion of any structure intended to be utilized for residential,
15 commercial or industrial purposes within the municipal limits of the City of
16 Boynton Beach, Florida, shall exceed the height of forty-five (45) feet above
17 minimum finished floor as required by the building code, except as noted
18 below.
19
20 2. Water, cooling and fire towers, radio and television towers of
21 commercial nature, church spires, places of assembly, domes, cupolas,
22 flagpoles, electrical and mechanical support systems, parapets, and similar
23 structures, and their necessary mechanical appurtenances may be erected
24 within a structure or on top of the structure, above the district height
25 limitations provided herein, after obtaining approval of the City Commission
26 based on their consideration of the standards for evaluating exceptions to
27 district height regulations set forth in paragraph 3 below.
28
29 3. In considering an application for exception to the district height
30 regulation, the City Commission shall make findings indicating the proposed
31 exception has been studied and considered in relation to the following
32 standards, where applicable:
33
34 a. Whether the height exception will have an adverse effect on the
35 existing and proposed land uses.
36 b. Whether the height exception is necessary.
37 c. Whether the height exception will severely reduce light and air
38 in adjacent areas.
39 d. Whether the height exception will be a deterrent to the
40 improvement or development of adjacent property in accord with
41 existing regulations.
42 e. Whether the height exception will adversely affect property
43 values in adjacent areas.
44 f. Whether the height exception will adversely influence living
45 conditions in the neighborhood.
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1 g. Whether the height exception will constitute a grant of a special
2 privilege to an individual owner as contrasted with the public
3 welfare.
4 h. Whether sufficient evidence has been presented to justify the
5 need for a height exception.
6 l. The City Commission may, in connection with processing of
7 application for exception hereunder, refer same to the planning
8 and development board for recommendation.
9
10 4. In residential zones, freestanding television and citizens' band
11 broadcasting antennae may not exceed twenty-five (25) feet in height, and no
12 freestanding antenna may be constructed within the building setback lines.
13 Roof-mounted or wall-supported antennae may exceed the maximum district
14 height regulation by ten (10) feet; but in no instance, may an antennae exceed
15 the roof line height by more than fifteen (15) feet.
16
17 a. With respect to private community antenna systems as defined in
18 this code, the aforesaid twenty-five (25) feet height regulation shall
19 not apply. In the instance of private community antenna systems,
20 the receiving antenna may not exceed forty-five (45) feet in height
21 unless an exception is granted by the City Commission, and no part
22 of any receiving antenna may encroach in any setback.
23
24
25 5. In residential zones, freestanding transmitting antennae are subject to the
26 following limitations:
27
28 a. No freestanding base tower and antenna shall exceed forty-five
29 (45) feet in height.
30 b. No freestanding base tower with or without an antenna shall be
31 constructed within the building setback lines.
32 c. No freestanding base tower shall be constructed without having
33 first secured a pennit from the city development director.
34 d. Roof-mounted transmitting antennae shall not exceed the roof I
35 line height by more than twenty (20) feet.
36
37 6. An application fee shall be payable to the city as adopted by resolution
38 of the City Commission.
39
40 7. Notwithstanding any other provision of the Land Development
41 Regulations, including the prOVISIOns of this section,
42 telecommunication towers shall only be pennitted as a conditional use
43 in the PU Public Usage District and REC Recreation District.
44
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1 G. CUL-DE-SAC. The allowed frontage of a lot when shaped by a cul-de-sac or
2 the frontage of any other irregular shaped lot, shall be measured at the setback or
3 building line, and shall be not less than seventy-five percent (75%) of the
4 required lot frontage in the applicable zoning district.
5
6 H. TEMPORARY BUILDINGS. Temporary buildings such as models, offices and
7 tool sheds used in conjunction with construction work only, may be pennitted in
8 any district after approval of the building inspection department and the removal
9 of which is accomplished within thirty (30) days after construction ceases or is
10 completed.
11
12 I. PUBLIC BUILDINGS. All buildings and properties city owned and operated
13 and engaged in the perfonnance of a public function may be pennitted in any
14 district as defined herein.
15
16 J. OTHER STRUCTURES. To further clarify the definition of structure as
17 applied to all districts and boundaries, the following shall apply except that
18 corner lots shall be regulated by other parts of this ordinance. The following
19 structures shall be pennitted in front, rear or side setbacks as provided in this
20 ordinance, in any zone, except where so noted; taking into consideration existing
21 easements:
22
23 1. Fences, hedges and walls shall not exceed six (6) ~
24 (IDfeet in height, above finished grade, in residential zones, except that
25 in front setbacks, from the building line forward to the property line, the
26 maximum height shall be four (4) feet. On corner lots, both road
27 frontages are subiect to the four (4) foot height limitation. in accordance
28 with Chapter 2, Section 4.E., "Visual Obstructions" . from the building
29 line to the front line the maximum height shall be rour (1) feet. In
30 Multi-family zones, the maximum height within the front yard setback
31 shall be six (6) feet (chain link fences shall be used only in combination
32 with hedge that shall be maintained at height of fence). Hedges situated
33 adjacent to golf courses, golf driving ranges, interstate highways or
34 parcels supporting railroad tracks shall not exceed ten (10) feet in height,
35 above finished grade. When walls or fences are constructed as a part of
36 a subdivision or site plan approval adjacent to a public right-of-way,
37 consistent with this section, a setback of a minimum of eighteen (18)
38 inches must be maintained for landscaping purposes.
39
40 Section 4. Chapter 2, "Zoning", Section 5, "Residential district regulations and use
41 provisions," of the Land Development Regulations of the City of Boynton Beach Code of
42 Ordinances, shall be amended as follows:
43
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1 Sec. 5. Residential district regulations and use provisions.
2 I
3 A. R-1-AAA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district
4 regulations will create the lowest population density of not more than 3.48 dwelling units per
5 acre.
6
7 1. Uses pennitted. Within any R-1-AAA single-family residential district,
8 no building, structure, land or water shall be used except for one ofthe following uses:
9
10 a. Single- family dwellings including the garages and other customary
11 accessory buildings. Carports are not allowed. Disaster shelters are pennitted.
12 The shelters are to be used only for the designated purpose in times of danger.
13 b. Churches* and other places of worship* with their attendant
14 accessory uses, including daycare and pre-school facilities*, confonning with
15 Section 11.C hereinafter.
16 c. City-owned and -operated facilities.
17 d. Private golf courses and associated clubhouse facilities
18 including private bath, swim, tennis or country clubs and community or city
19 owned and -operated recreation clubs and associations, specifically excluding
20 driving ranges or tees, miniature courses and similar uses operated as separate
21 ventures from the primary use or uses.
22 e. Primary and secondary schools, semmanes, colleges and
23 universities, confonning with Section 11.C hereinafter. *
24 f. Home occupations confonning with Section 11.D hereinafter.
25 g. Community residential homes with six or fewer residents as
26 defined in Florida Statutes Chapter 419.
27 h. Nursery schools, day care centers and other preschool
28 facilities. *
29
30 lA. Conditional uses allowed. Those uses specified above which are
31 followed by an asterisk (*) shall be deemed to be conditional uses, which may be
32 considered and granted in accordance with the procedures set forth in Section 11.2
33 hereinafter.
34
35 2. Building and site regulations:
36
37 a. The following lot and building setback requirements shall be
38 observed:
39
40 Minimum lot area 12,500 square feet
41 Minimum lot frontage 100 feet
42 Minimum front yard 30 feet
43 Minimum rear yard 35 feet
44 Minimum side yard 30 feet each side
45 Minimum living area 2,200 square feet
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1 Maximum lot coverage 35 percent
2 Maximum structure height 25 feet
3
4 b. On corner lots adjacent to the street, the side yard setback shall
5 be not less than one-half (112) the front yard requirement, except where
6 the comer lot faces a different street than the remaining lots in the
7 block, then the front setback shall be maintained on both streets.
8 c. Community residential homes shall not be located within a
9 radius of 1,000 feet of another existing similar facility.
10
11 3. Off-street parking. As provided in Section 11-H hereinafter.
12
13 B. R-1-AAB SINGLE-FAMILY RESIDENTIAL DISTRICT. These district
14 regulations will create a maximum density of 4.84 dwelling units per acre.
15
16 1. Uses pennitted. Within an R-1-AAB single-family residential district,
17 no building, structure, land or water shall be used except for one of the
18 following uses:
19
20 a. Any use pennitted in the R-1-AAA district.
21
22 2. Building and site regulations:
23
24 a. The following lot and building setback requirements shall be
25 observed:
26
27 Minimum lot area 9,000 square feet
28 Minimum lot frontage 90 feet
29 Minimum front yard 25 feet
30 Minimum rear yard 20:2á-feet I
31 Minimum side yards 10 feet each side
32 Minimum living area 1,800 square feet
33 Maximum lot coverage 45 J.$-percent I
34 Maximum structure height 30 feet
35
36 b. On corner lots, the side yard setback adjacent to the street shall be
37 not less than one-half (1/2) the front yard setback. except .."here the
38 corner lot faces a different street than the remaining lots in the block,
39 the front setback shall then be maintained on both streets However,
40 where orientation of adiacent lots on both street frontages provide
41 typical front yard setbacks, the corner lot shall provide for front yard
42 setbacks along both streets. When two (2) front yard setbacks are
43 provided for on a corner lot, no rear yard setback shall be required, only
44- side yard setbacks shall be imposed.
45
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1 c. For lots platted prior to June 13, 1975, the following
2 administrative adiustments to the minimum yard setbacks may be
3 allowed, subiect to provision ofiustification by applicant:
4
5 Front and side yard 80% of required
6 Rear yard 75% of required
7
8 d. Special rear yard setback reductions for single story additions
9 may be applied in the following situations, provided it is not utilized in
10 coni unction with any other rear yard reductions provision:
11
12 Rear Yards abutting:
13
14 1-95 or railroad tracks: 50% reduction
15 Intracoastal: 50% reduction
16 Lakes: 50% reduction
17 Golf Course: 50% reduction
18 Canals with R-O-W > 150 feet 50% reduction-
19 Canals with R-O-W < 150 feet 33% reduction-
20 Perimeter walls of Community that
21 abut other than residential 50% reduction
22 Commercial/Industrial 50% reduction
23 PubliclPrivate Park: 50% reduction
24
25 e. The setback reduction provisions contained in c. and d. above
26 are not applicable to residential lots within Planned Unit Developments
27 (PUD's) without fonnal action of the Home Owner Association (HOA)
28 in writing, and an approved modification of the PUD Master Plan.
29
30 f. The setback reduction provisions contained in c. and d. above
31 shall not supercede any setbacks that are recorded on a plat.
32
33 g. An administrative variance may be granted if any first floor
34 addition follows the building line of a legally non-confonning single-
35 family structure, or a building line previously approved by a variance.
36
37 3. Off-street parking. As provided in Section 11-H hereinafter.
38
39 C. R-1-AA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district
40 regulations will create a maximum density of 5.4 dwelling units per acre.
41
42 1. Use pennitted. Within any R-l-AA single-family residential district, no
43 building, structure, land or water shall be used except for one of the following uses:
44
45 a. Any use pennitted in the R-1-AAA or R-1-AAB districts.
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1
2 2. Building and site regulations:
3
4 a. The following lot and building requirements shall be observed: I
5
6 Minimum lot area 8,000 square feet*
7 Minimum lot frontage 75 feet
8 Minimum front yard 25 feet
9 Minimum rear yard 20 ~feet
10 Minimum side yard 10 feet each side~
11 Minimum living area 1 ,600~square feet
12 Maximum lot coverage 45-J.S-percent
13 Maximum structure height 30 feet
14
15 *In areas developed and/or platted prior to June 13, 1975, the minimum
16 lot area shall be seven thousand five hundred (7,500) square feet.:. æd I
17 the minimum side yard shall be se'¡cn and one half (7 1/2) feet.
18
19 b. On corner lots, the side setback adjacent to the street shall be
20 not less than one-half (112) the front yard setback~ except '.vhere the
21 comer lot faces a differcnt street than the remaining lots in the block,
22 the front setback shall then be maintained on both streets. However,
23 where orientation of adiacent lots on both street frontages provide
24 tyPical front yard setbacks, the corner lot shall provide for front yard
25 setbacks along both streets. When two (2) front yard 'setbacks are
26 provided for on a corner lot, no rear yard setback shall be required, only
27 side yard setbacks shall be imposed.
28
29
30 c. For lots platted prior to June 13, 1975, the following
31 administrative adiustments to the minimum yard setbacks may be
32 allowed, subiect to provision of iustification by applicant:
33
34 Front and side yard 80% of required
35 Rear yard 75% of required
36
37 d. Special rear yard setback reductions for single story additions
38 may be applied in the following situations, provided it is not utilized in
39 coni unction with any other rear yard reductions provision:
40
41 Rear Yards abutting:
42
43 1-95 or railroad tracks: 50% reduction
44 Intracoastal: 50% reduction
45 Lakes: 50% reduction
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1 Golf Course: 50% reduction
2 Canals with R-O-W > 150 feet 50% reduction
3 Canals with R -0- W < 150 feet 33% reduction
4 Perimeter walls of Community that
5 abut other than residential 50% reduction
6 Commercial/Industrial 50% reduction
7 PublicIPrivate Park: 50% reduction
8
9 e. The setback reduction provisions contained in c. and d. above
10 are not applicable to residential lots within Planned Unit Developments
11 (PUD's) without fonnal action of the Home Owner Association (HOA)
12 in writing, and an approved modification of the PUD Master Plan.
13
14 f. The setback reduction provisions contained in c. and d. above
15 shall not supercede any setbacks that may be recorded on a plat.
16
17 g. An administrative variance may be granted if any first floor
18 addition follows the building line of a legally non-confonning single-
19 family structure, or a building line previously approved by a variance.
20
21 3. Off street parking. As provided in Section 11- H hereinafter.
22
23 D. R-1-A SINGLE-FAMIL Y RESIDENTIAL DISTRICT. These district
24 regulations will create a maximum density of 5.8 dwelling units per acre.
25
26
27 1. Uses pennitted. Within any R-1-A single-family residential district, no
28 building, structure, land or water shall be used except for one of the following
29 uses:
30
31 a. Any use pennitted in the R-1-AAA, R-1-AAB, R-l-AA districts.
32
33 2. Building and site regulations:
34
35 a. The following lot and building requirements shall be observed.
36
37 Minimum lot area 7,500 square feet
38 Minimum lot frontage 60 feet
39 Minimum front yard 25 feet
40 Minimum rear yard 204S-feet I
41 Minimum side yard 7 1/2 feet each side
42 Minimum living area 1 ,400~ square feet I
43 Maximum lot coverage 45 4G percent
44 Maximum structure height 30 feet
45
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1 b. On corner lots the side yard setback adjacent to the street shall be
2 not less than one-half (1/2) the front yard setback. However, where
3 orientation of adiacent lots on both street frontages provide tyPical front
4 yard setbacks, the corner lot shall provide for front yard setbacks along
5 both streets. When two (2) front yard setbacks are provided for on a
6 corner lot, no rear yard setback shall be required, only side yard
7 setbacks shall be imposed. except where the comer lot faces a different
8 street than the remaining lots in the block, the front setback shall then
9 be maintained on both streets.
10
11 c. For lots platted prior to June 13, 1975, the following
12 administrative adiustments to the minimum yard setbacks may be
13 allowed, subject to provision of iustification by applicant:
14
15 Front and side yard 80% of required
16 Rear yard 75% of required
17
18 d. Special rear yard setback reductions for single story additions
19 may be applied in the following situations, provided it is not utilized in
20 coni unction with any other rear yard reductions provision:
21 Rear Yards abutting:
22
23 1-95 or railroad tracks: 50% reduction
24 Intracoastal: 50% reduction
25 Lakes: 50% reduction
26 Golf Course: 50% reduction
27 Canals with R-O-W > 150 feet 50% reduction
28 Canals with R-O-W < 150 feet 33% reduction
29 Perimeter walls of Community that
30 abut other than residential 50% reduction
31 Commercial/Industrial 50% reduction
32 PubliclPrivate Park: 50% reduction
33
34 e. The setback reduction provisions contained in c. and d. above
35 are not applicable to residential lots within Planned Unit Developments
36 (PUD's) without fonnal action of the Home Owner Association (HOA)
37 in writing, and an approved modification of the PUD Master Plan.
38
39 f. The setback reduction provisions contained in c. and d. above
40 shall not supercede any setbacks that may be recorded on a plat.
41
42 g. An administrative variance may be granted if any first floor
43 addition follows the building line of a legally non-confonning single-
44 family structure, or a building line previously approved by a variance.
45
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1 3. Off-street parking. As provided in Section 11-H hereinafter.
2
3 E. R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations
4 will create a maximum of 7.26 dwelling units per acre.
5
6 1. Uses pennitted. Within any R-1 single-family residential district, no
7 building, structure, land or water shall be used except for one of the following
8 uses:
9
10 a. Any use pennitted in the R-l-AAA, R-1-AAB, R-l-AA or R-l-
11 A district.
12
13 2. Building and site regulations.
14
15 a. The following lot and building requirements shall be observed.
16
17 Minimum lot area 6,000 square feet
18 Minimum lot frontage 60 feet
19 Minimum front yard 25 feet
20 Minimum rear yard 20 ~ feet I
21 Minimum side yards 7 1/2 feet
22 Minimum living area I ,200 ~square feet I
23 Maximum lot coverage 50 40 percent
24 Maximum structure height 30 feet
25
26 b. On corner lots, the side yard setback adjacent to the street shall
27 be not less than one-half (1/2) the front yard setback. However, where
28 orientation of adiacent lots on both street frontages provide tyPical front
29 yard setbacks, the comer lot shall provide for front yard setbacks along
30 both streets. When two (2) front yard setbacks are provided for on a
31 corner lot, no rear yard setback shall be required, only side yard
32 setbacks shall be imposed. Where the corncr lot faces a different street
33 than the remaining lots in the block, then the front setback shall be
34 maintained on both streets.
35
36 c. For lots platted prior to June 13, 1975, the following
37 administrative adiustments to the minimum yard setbacks may be
38 allowed, subiect to provision of iustification by applicant:
39
40 Front and side yard 80% of required
41 Rear yard 75% of required
42
43 d. Special rear yard setback reductions for single story additions
44 may be applied in the following situations, provided it is not utilized in
45 coni unction with any other rear yard reductions provision:
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1
2 Rear Yards abutting:
3
4 1-95 or railroad tracks: 50% reduction
5 Intracoastal: 50% reduction
6 Lakes: 50% reduction
7 Golf Course: 50% reduction
8 Canals with R-O-W > 150 feet 50% reduction
9 Canals with R-O-W < 150 feet 33% reduction
10 Perimeter walls of Community that
11 abut other than residential 50% reduction
12 CommerciaVIndustrial 50% reduction
13 Public/Private Park: 50% reduction
14
15 e. The setback reduction provisions contained in c. and d. above
16 are not applicable to residential lots within Planned Unit Developments
17 (PUD's) without fonnal action of the Home Owner Association (HOA)
18 in writing, and an approved modification of the PUD Master Plan.
19
20 f. The setback reduction provisions contained in c. and d. above
21 shall not supercede any setbacks that may be recorded on a plat.
22
23 g. An administrative variance may be granted if any first floor
24 addition follows the building line of a legally non-confonning single-
25 family structure, or a building line previously approved by a variance.
26
27
28 3. Off-street parking. As provided in Section 11-H hereinafter.
29
30 F. R-2 SINGLE- and TWO-F AMIL Y DWELLING DISTRICT. These district
31 regulations will create a maximum density of 9.68 dwelling units per acre. It is the intent to
32 accommodate a compatible development of higher density buildings with commonly called
33 duplexes together with single-family dwellings but at no lower standards of quality.
34
35 1. Uses pennitted. Within any R-2 single-or two-family dwelling district,
36 no building, structure, land or water shall be used except for one of the
37 following uses:
38
39 a. Any use pennitted in the R-1-AAA, R-1-AAB, R-1-AA, R-1-A
40 and R -I districts.
41
42 b. Two-family dwellings.
43
44 c. Nursery schools, day care centers and other preschool facilities*
45 (see Section ll-C)
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2 1A. Conditional uses allowed. Those uses specified in subsection 5.F.1.
3 above which are followed by an asterisk (*) shall be deemed to be conditional
4 uses, which may be considered and granted in accordance with procedures set
5 forth in Section 11.2 hereinafter.
6
7 2. Building and site regulations:
8
9 a. The following lot and building requirements shall be observed:
10 Minimum lot area 4,500 square feet per dwelling unit.:!!. I
11 Minimum lot frontage 7 5 feet~
12 Minimum front yard 25 feet
13 Minimum rear yard 25 feet
14 Minimum side yards 10 feet each side
15 Minimum living area 750 square feet per unit:E I
16 Maximum lot coverage 40 percent
17 Maximum structure height 25 feet, not to exceed 2 stories
18
19 b.:E_ For single family, use R-1 requirement.regulations.
20 **The maximum height for single family structures is 30 feet.
21 c.-&:- On corner lots, the side yard setback adjacent to the street shall
22 be not less than the remaining lots in the block, then the front setback
23 shall be maintained on both streets. On corner lots, the side yard
24 setback adiacent to the street shall be not less than one-half (1/2) the
25 front yard setback. However, where orientation of adiacent lots on both
26 street frontages provide tyPical front yard setbacks, the corner lot shall
27 provide for front yard setbacks along both streets. When two (2) front
28 yard setbacks are provided for on a corner lot, no rear yard setback shall
29 be required, only side yard setbacks shall be imposed,
30
31 3. Off-street parking. As provided in Section 11-H hereinafter.
32
33 G. R-3 MUL TIPLE-F AMIL Y DWELLING DISTRICT. These district regulations
34 will create a maximum density of 10.8 dwelling units per acre. It is the intent of this district
35 to provide a higher residential density which encourages vertical structures and flexibility in
36 multiple-family living and that a certain amount of multiple-family dwelling is necessary and
37 desirable and can complement certain areas if located appropriately and if properly designed.
38 Therefore, factors to be considered are:
39
40 The location and nature of the area.
41
42 An area of substantial size to provide a buffering or graduation of uses to be considerate
43 or to complement adjacent uses or districts.
44
45 The proximity to large concentrations of activities such as business, employment, and
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1 other facilities and services. Sufficient and definitive traffic arteries to adequately service the
2 area.
3
4
5 Designs that provide light, are passage, water drainage, ingress and egress, parking and
6 traffic circulation, open space and on-site recreation, maintenance areas and community
7 meeting provisions for the inhabitants.
8
9 1. Uses pennitted. Within any R-3 multiple-family dwelling district, no
10 building, structure, land or water shall be used except for one of the following uses:
11
12 a. Any use pennitted in the R-1-AAA, R-1-AAB, R-1-AA, R-1-A, R-1 or
13 R-2 districts.
14
15 b. Multiple- family residential structures, including apartments,
16 cooperatives, condominiums, town houses, and their attendant recreational
17 facilities and having no commercial business connected therewith but can be
18 equipped to serve meals to their occupants.
19
20 c. Private clubs, lodges and fraternal organizations. *
21
22 d. Golf courses, swimming and tennis clubs, and similar recreational
23 facilities. *
24
25 e. Rooming and boarding houses. *
26
27 f. Community residential homes with up to 14 residents as defined in
28 Florida Statutes Chapter 419. *
29
30 1A. Conditional uses allowed. Those uses specified above which were followed by
31 an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted
32 in accordance with the procedures set forth in Section 11.2 hereinafter.
33
34 2. Building and site regulations:
35
36 a. For multiple-family dwellings, rooming and boarding houses; and
37 community residential homes:
38
39 Minimum lot area 4,000 square feet
40 Minimum lot frontage 100 feet
41 Minimum front yard 40 feet
42 Minimum rear yard 40 feet
43 Minimum side yards 20 feet each side
44 Minimum living area 750 square feet per unit
45 Maximum lot coverage 40 percent
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1 Maximum structure height 45 feet, not to exceed 4
2 stories
3 Minimum spacing between 1,200 feet (radius)
4 community residential homes
5
6 b. Single-family dwellings shall confonn with R-1 requirements
7 (see Section 5, paragraph E-2). Duplex dwellings shall confonn to R-2
8 requirements (see Section 5, paragraph F-2).
9
10 c. All other pennitted uses:
11
12 Minimum lot area 20,000 square feet
13 Minimum lot frontage 100 feet
14 Minimum front yard 40 feet
15 Minimum rear yard 40 feet
16 Minimum side yards 20 feet each side
17 Minimum living area As governed by applicable
18 regulatory agency
19 Maximum lot coverage 40 percent
20 Maximum structure height 4 stories, not to exceed 45
21 feet in height
22
23 3. Off-street parking. As provided in Section 11-H hereinafter.
24
25 Section 5. Each and every other provision of the Land Development Regulations
26 not herein specifically amended, shall remain in full force and effect as originally adopted.
27 Section 6. All laws and ordinances applying to the City of Boynton Beach in
28 conflict with any provisions of this ordinance are hereby repealed.
29 Section 7. Should any section or provision of this Ordinance or any portion
30 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
31 affect the remainder of this Ordinance.
32 Section 8. Authority is hereby given to codify this Ordinance.
33 Section 9. This Ordinance shall become effective immediately upon passage.
34 FIRST READING this _ day of ,2005.
35
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2 SECOND, FINAL READING AND PASSAGE this ~ day of Jt.lly ,2005.
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7
8
9
10
11 -----.~
12
13
14 -
15 ~ncr '~~
16 'e
17 ' ~
¡.
18 Commissioner
19 ATTEST:
20 tn. ~
21
22
23
24
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