O96-29ORDINANCE NO. O96-.~?
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 2, ZONING, SECTION 4.J. OF THE LAND
DEVELOPMENT REGULATIONS, PROVIDING FOR
OTHER "MISCELLANEOUS" STRUCTURES;
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 "structures" which are
permitted in front, rear or side setbacks; 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 include other miscellaneous structures
which are routinely encountered by both the Planning and Building Departments;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Chapter 2 - Zoning, Section 4. J." Other Structures" of the Land
Develepment Regulations 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. 4. General provisions.
J. OTHER STRUCTURES. To further clarify the definition of
structures as applied to all districts and boundaries, the following shall apply except
that corner lots shall be regulated by other parts of this ordinance. The following
structures shall be permitted in front, rear or side setbacks as provided in this
ordinance, in any zone, except where so noted, taking into consideration existing
easements:
1. Fences, hedges ...
than ~c ~_) ..... Eaves, cornices, ~utters, facia boards, copings, soffits,
downspouts, belt courses, window sills, window and/or door trim, applied finish
materials, roof and/or equipment vents, sillcocks, fire hose conne~ions, meters,
sand boxes, light fixtures, hardware, shutters, bay windows~ dripcaps, telephone
and cable boxes, electrical risers and outlets, window boxes, thermometers,
handrails~ ~ndensate drains, shower heads and ornamental architectural features
shall not overhan~ or exceed the setback lines for more than three (3) feet.
6. Private pump housing, and pool/spa equipment,
feet in height and not installed in front yards.
not to exceed three (3)
7...~ Arbors, and trellises provided that there shall be maintained a
minimum three (3) foot setback from property line. In addition there shall be a
maximum height of 10 feet. A greater height will be allowed if the trellis is an
extension of an eave/facia
8_. Permanent or retractable awnings, canopies, storm shutters,
marquees or covered walkways proiectin,q from a building wall over a required yard
setback not more than two and one-half (2 1/2) feet, and having no supports other
than provided by the wall or its integral part.
9~ Chimneys proiecting not more than three (3) feet into the required
yard setback.
10. Fire escapes or unenclosed staircases, the riser of which shall be at
least fifty (50) percent open, provided that the vertical proiection downward onto a
required yard setback shall not proiect more than five (5) feet into, and shall not
exceed ten (10) percent of, the area of the required yard setback.
11. Flagpoles having only one structural ground member. Flags proiecting
off of a structure shall not extend beyond the setback line for more than three feet
and in no case shall extend beyond the property line.
12. Fountains; provided that non-portable fountains shall not exceed nine
(9) feet in height, shall be setback three (3) feet from side and rear property lines
and shall occupy no more than 100 square feet.
13. Heating, ventilation and air conditioning units (including compressors
and condensers) for single-family or duplex dwellings, provided the exhaust air from
such units is directed vertically or away from the adjacent property line. Heating,
ventilation and air conditioning units and intake and exhaust fans for non-residential
uses shall be setback a minimum of five (5) feet from property line.
14. Mailboxes and newspaper boxes.
15. Open terraces, including walkways, unenclosed decks and slabs,
natural plant landscaping and docks, with or without canopy. Docks projecting into
waterway owned by a different property owner than the owner of the dock shall
require prior approval at time of permitting from the owner of the waterway. In
addition, the dock shall not extend further into the waterway that 1/3 of the width of
the waterway.
16. Open, uncovered stoops, steps and platforms for the principal
building, but not to exceed three (3) feet in height.
17. Recreational equipment (of the type not requiring a permit) in the rear
yard setback in residential districts.
18. Sculpture or other similar objects of art, provided they meet the same
requirements above for fountains.
19. Signs, subject to the provisions of the sign code.
20. Trees, shrubbery or other obiects of natural grOwth.
21. Wells.
22. Utility, cable and telephone transmission lines and associated
structures, such as poles.
23. Basketball goals, provided there is a minimum three (3) feet setback
from the rear and side interior property lines and a minimum fifteen (15) feet
setback from front and side street property lines.
24. Light poles having only one (1) structural ground member and
portable landscape lighting.
25. Barbecue pits not to exceed six (6) feet by six (6) feet and provided
they are set back three (3) feet from side and rear property lines.
26. Raised planters, provided they are set back three (3) feet from side
and rear property lines and shall have a maximum height of six (6) feet.
All other structures similar to the above shall require applications to the
development director.
Section 2. Each and every other provision of Chapter 2 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 [his 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.
Section 6 This Ordinance shall become effective immediately.
FIRST READING this //~ day of April, 1996.
SECOND, FINAL READING AND PASSAGE this .~' day of May, 1996.
ATTEST:
Cit~Clerk
Mayor
~ommlssio~or
Commissioner
C~issioner