O96-31 ORDINANCE NO. O96- 2~ I
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 9, OF THE LAND DEVELOPMENT
REGULATIONS, SECTION 11. EXTERIOR BUILDING
DESIGN, PROVIDING FOR
AMENDMENT/CLARIFICATION OF "DRIVE-UP OR
WALK-UP" WINDOWS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, it has come to the attention of the City Commission of the City
of Boynton Beach that a clarification is required regarding "drive-up or walk-up
windows" which are permitted; and
WHEREAS, upon recommendation of staff, the City Commission of the City
of Boynton Beach has deemed it to be in the best interests of the citizens and
residents of the City of Boynton Beach to clarify this issue.which is routinely
encountered by both the Planning Department;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Chapter 9 of the Land Development Regulations, Section 11.
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. 11 Exterior Building Design.
A. Building design approval shall be based ...
H. Drive-up or walk-up windows for commercial uses shall not
be located on a building facade that faces a public or private
street, unless the following requirements are met:
1. The building facade shall have
windows that occupy no less than 25% of
the facade and that are located at the
pedestrian level. A maximum of 10% of
this 25% may be simulated windows.
2_. The building facade shall be
modulated and divided into smaller
identifiable pieces to articulate the plane
of the facade,
3_,. The building facade shall have at
least one offset having a pitched roof.
NOT
4_. A minimum ten (10) foot wide
buffer strip shall be installed between the
street right-of-way and the drive-through
lane, along the entire length of the drive-
through lane facing the street, and shall
be provided in lieu of any landscaping
required by the landscape code for
vehicular use areas adjacent to a public
right-of-way. The width of the buffer strip
shall exclude utility easements.
5--1 The landscape buffer strip
referenced above shall contain a
minimum two (2) foot tall earth berm
along the entire length of the drive-
through lane facing the street and shall
have a slope not to exceed a ratio of
three-to-one (3:1 ).
6-1 The landscape buffer strip
referenced above shall be planted With a
minimum of one (1) tree, a minimum of
twelve (12) feet tall, for each thirty (30)
linear feet, or fraction thereof, of drive-
through laneage facing the street. In
addition, there shall be planted within this
buffer strip a continuous solid visual
screen at least three (3) feet in height
within One year of installation. This
screen shall be comprised of at least two
different species of shrubs planted in
groupings or undulating rows. The
shrubs shall be a minimum of three (3)
gallons in size with an 18-24 inch spread,
,V~INIX)W PATIO
-MINIMUM 26%
· MINIMUM ONE
OFFSET WITH
PITCHED ROOF
full to base, at time of planting. Ground
cover shall be planted within 25% of the
required area of the landscape buffer
strip.
7_.. The landscape buffer strip
referenced above shall use plant
materials that meet the quality
requirements of the City's landscape
code.
T. All building facades of a building...
Section 2. Each and every other provision of Chapter 9 not herein
specifically amended shall remain in full force and effect as previously enacted.
Section 3. All laws and ordinances applying to the City of Boynton Beach
in conflict with any provisions of this ordinance are hereby repealed.
Section 4. 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 5. Authority is hereby given to codify this Ordinance,
This Ordinance shall become effective immediately.
Section 6
FIRST READING this "1 day of Ma~ Iq~I(,,-
SECOND, FINAL READING AND PASSAGE this
ATTEST:
LDR,Chpt. 9
Drive-up ~ 5/1/96
day of May, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice
;ommissioner
Com, m1'ssioner