O87-28ORDINANCE NO. 87-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 5, BUILDINGS, HOUSING
AND CONSTRUCTION REGULATIONS, ARTICLE X
PARKING LOTS OF THE CODE OF ORDINANCES,
CITY OF BOYNTON BEACH, FLORIDA, TO
REPEAL IN THEIR ENTIRETY SECTIONS 5-136,
5-137, 5-138, 5-139, 5-140, 5-141,
5-142, 5-143, 5-144, 5-145 AND 5-146; BY
ADOPTING IN PLACE THEREOF NEW SECTIONS
5-136 THROUGH SECTION 5-147, INCLUSIVE
TO PROVIDE A COMPREHENSIVE PARKING LOT
ORDINANCE; BY PROVIDING A SHORT TITLE, A
PURPOSE AND INTENT THEREOF, SCOPE,
EXEMPTIONS, OBJECTIVES, DEFINITIONS OF
TERMS; BY REQUIRING CERTAIN
IMPROVEMENTS; BY REQUIRING A PERMIT FOR
THE CONSTRUCTION OF ANY PARKING LOT; BY
PROVIDING PERMIT APPLICATION PROCEDURES;
BY AUTHORIZING VARIANCES, ESTABLISHING
PROCEDURES, REQUIREMENTS AND CONDITIONS;
BY PROVIDING FOR THE STOPPAGE OF WORK
FOR FAILURE TO COMPLY WITH PLANS OF
RECORD OR ANY CITY ORDINANCE; BY
DELINEATING THE CITY'S REMEDIES FOR
VIOLATION OF THIS ARTICLE; PROVIDING
AUTHORITY TO CODIFY; PROVIDING A
CONFLICTS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
NOW, TBR. RRFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: Chapter 5 Buildings, Housing and
Construction Regulations, Article X Parking Lots, Sections
5-136 through 5-146, inclusive of the Code of Ordinances,
City of Boynton Beach, Florida, are hereby repealed in their
entirety.
Section 2: Chapter 5 Buildings, Housing and
Construction Regulations, Article X Parking Lots-of the Code
of Ordinances, City of Boynton Beach, Florida is hereby
amended by creating new sections 5-136 through 5-147, as set
forth in attached Exhibit "A".
Section 3:
ordinance.
Authority is hereby granted to codify said
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in conflict herewith be and the same are hereby repealed.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: This
immediately upon passage.
FIRST READING this
1987.
ordinance shall become effective
/~day of
SECOND, FINAL READING and PASSAGE this
/~day of
CITY OF BOYNTON BEACH, FLORIDA
~ayor /~
ATTEST:
( Corporate Seal
Commissioner
EXHIBIT "A"
August 21, 1987
ARTICLE X. PARKING LOTS
Sec. 5-136. Short Title.
This Article may be referred to as the "Boynton Beach Parking Lot
Regulations".
Sec. 5-137. Purpose and intent.
The purpose of this Article is to provide a set of regulations to
govern the design and construction of parking lots within the
City of Boynton Beach. It is intended that these regulations
provide a minimum set of standards to be followed when parking
lots are constructed in order to protect the health, safety and
welfare of the public. Furthermore, the City of Boynton Beach
recognizes the relationship of these regulations to the goals and
objectives of the Comprehensive Plan.
Sec. 5-138. Scope.
These regulations shall be applicable to all parking lots
constructed or reconstructed in the City of Boynton Beach. In
order to clarify the applicability of these r~3~tions.,
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;
(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 the Landscaping Code is required;
(e) When temporary sales trailers are proposed;
(f) When an existing parking lot is expanded by 25% or more in
parking stalls beyond 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.
Sec. 5-139. Exemption to these regulations.
1
These regulations shall not be applicable under the following
conditions-
(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 25% in
parking stalls beyond what was originally approved, the
existing portion of the parking lot need not comply with the
requirements of this Article. However, any newly
constructed areas must comply with the requirements of this
Article.
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.
Sec. 5-140. Objectives.
The objectives of these regulations include but are not limited
to the following:
(a) To provide a maximum degree of safety and protection for the
public through the orderly design of parking lots;
(b)
(c)
To provide for a standard for construction which results in
a relatively durable and nuisance free parking lot;
To reduce the negative environmental impacts which may
result from parking lot construction;
(d) To provide for storm water retention on-site;
(e)
To provide for parking lots which are constructed in suCh a
manner that the physically handicapped are not discriminated
against; and,
(f)
To permit the land owner to benefit from his ownership by
providing for orderly parking lot design and construction
consistent with the public health, safety and welfare.
Sec. 5-141. Definitions of terms.
For the purpose of this article, the following definitions shall
apply:
(a)
Aisle: The hard-surfaced lanes in a parking lot which
connect the parking stalls with a driveway.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Building Official: The administrative head of the Building
Department or his/her designated representative.
City Engineer: The administrative head of the Engineering
Department or his/her designated representative.
Driveway: The paved area between a public street and
private property intended to provide ingress and egress for
vehicular traffic from the public street or thoroughfare to
a definite area of private property, or which connects
parking aisles or provides access to parking aisles.
Gross Floor Area: The total floor area of a building or a
use occupying part of a building, measured from center lines
of partitions and exteriors of outside walls. Gross floor
area shall include all floor area occupied by the main or
principal use, plus any floor area occupied by accessory
uses such as storage, equipment and mechanical rooms,
offices, lounges, restrooms, lobbies, basements, mezzanines,
malls and hallways.
Major Driveway: A major driveway is defined as a main
ingress, or egress to a public street or highway from a site
of a major development such as a large shopping center,
multiple-family development, industrial park, hospital, or
similar use.
Maintenance: Maintenance of parking lo ~such work
as repaving pot holes, resurfacing, sealcoating, restriping,
repairing or replacing broken curbs or car stops, repairing
broken walkways, repairing approveddrainage, excavation and
restoration resulting from repair or maintenance, repairing
lighting standards and replacing signs. Permits with
appropriate documentation are required to perform work for
all maintenance except for repair of pot holes or
repairing or replacing broken curbs or car stops.
Motor Vehicle: Any automobile, truck, motor scooter,
trailer, motorcycle or other self-propelled or towed
vehicle.
Parking Lot: Any outdoor, partially enclosed or enclosed
space, plot, yard or any portion thereof upon which two (2)
or more parking stalls are constructed. Parking facilities
designed for detached single-family homes, or duplex units
with a maximum of four (4) parking stalls are exempted from
this definition.
Parking Stall: A surfaced area, enclosed or unenclosed
sufficient in size to store one automobile with a minimum
width of nine (9) feet and a minimum length of eighteen (18)
feet.
(k) Reconstruction. Any parking lot construction above and
beyond that which is defined as maintenance.
(1)
Retail Establishment: Any building or part thereof which is
wholly or partly devoted to the sale of commodities to
consumers.
(m) Shopping Center: Any building or group of buildings
containing retail stores, or a mixture of retail stores,
services and offices. This definition shall include all
office-retail complexes.
(n) Standards: Minimum requirements adopted by resolution of
the City~ Commission for the design and construction of
improvements required by this Article as may be amended from
time ~o time.
(o) Traffic Impact Analysis: A traffic statement prepared by a
professional engineer competent in traffic engineering
registered in the State of Florida. Said analysis should
address at a minimum, daily and peak hour movements, turn
lanes required, signalization, capacity of the street system
and interior driveway lengths.
(p)
Variance: A variance is hereby defined as a relaxation of
the terms of this article where such variance will not be
contrary to the public interest and where, owing to the
conditions peculiar to the property and not a result of the
actions of the applicant, or his prede ~'~er'al
enforcement of this article would result in an unnecessary
and undue hardship.
Sec. 5-142. Required improvements.
Each parking lot constructed or reconstructed shall include
improvements as follows:
(a)
Lighting. Each parking lot shall be lit'in such a manner as
to provide a safe environment. Levels of illumination and
luminaire types shall comply with City standards.
(b)
Pedestrian Lighting. Walkways connecting parking lots to
buildings or walkways between buildings shall be lit in such
a manner as to provide a safe environment.
(c)
Traffic Control. Each parking lot traffic plan shall
provide for stop signs at exits, directional arrows,
internal traffic signs and information signs where
appropriate. It is intended by these regulations that the
applicant retains the responsibility for the proper and
efficient movement of traffic onto and/or through the site
and that additional or optional signing may be required, to
accomplish the safe movement of traffic. The location and
type of traffic control devices shall comply with City
standards.
(d)
(e)
(f)
Landscaping. Each parking lot shall be landscaped
consistent with Chapter 7.5, Article II, Landscape Code, or
in the instance of the Central Business District, Chapter
7.5, Article III, Boynton Beach Code of Ordinances.
Curbs and Car Stops. No more than two access aisles may be
traversed without interruption which shall be accomplished
by the placement of wheel stops or the installation of a
raised, continuous curb. Landscaped areas in parking lots
shall be protected from the encroachment of vehicles by a
continuous, raised curb, or in the instance of a parking
stall, by a wheel stop or a raised continuous curb. Areas
to be protected include all landscaped islands, landscaping
adjacent to parking stalls, and landscaping adjacent to
curvilinear driveways where encroachment is likely to occur.
Curb design shall comply with City standards.
Drainage. Storm water shall be contained on site.
Containment capacity shall be designed for a minimum of two
and one-half (2.5) inches of rainfall in one hour. Drainage
structures and french drains shall comply with minimum City
standards established by the City Engineer. For impervious
areas exceeding twenty-five thousand (25,000) square feet,
the design of the parking lot and facilities shall be done
by an engineer registered in the State of Florida, and the
plans submitted shall be sealed. Maximum storage capacity
of soil shall be considered at the rate of one inch of water
for each six (6) inches of soil above t~
Drainage calculations are required in all instances. The
hydraulic conductivity of soil shall be determined with
tests made at the site using test procedures recommended by
the South Florida Water Management District or other
procedures which have been approved by the City Engineer.
(g) Parking lot construction.
Each parking lot shall be constructed consistent with City
standards. Materials and design shall meet or exceed City
standards.
(h) Driveway.
Parking lot driveways shall be designed to provide a
minimum width of twelve (12) feet for one-way drives
and twenty (20) feet for two-way drives, at the
right-of-way line. The maximum width of any drive at
the right-of-way line shall be thirty-two (32) feet,
unless otherwise approved by the City Engineer.
(2)
Each parking lot driveway shall be constructed with a
radius at the intersection of the vehicular traffic
lane of twenty-five (25) feet or as otherwise approved
by the City Engineer.
(3)
(4)
No parking lot driveway may be constructed closer than
thirty (30) feet from the intersection of the
right-of-way lines along local streets and one hundred
eighty (180) feet along streets of a higher
classification as shown on the City or County
Thoroughfare plans.
There shall be provided a safe and unobstructed
distance of eighteen (18) feet in length between the
side of a parking stall and each of the following:
a. A public or private right-of-way;
b. An access aisle; and
c. An interior driveway.
This requirement does not apply in the instances that
follow:
(5)
a. At the egress end of an access aisle;
At a driveway where ninety-degree parking is
provided;
c. At an access aisle where ninety-degree parking is
provided; or,
d. At a right-of-way where ninety-degree parking is
provided.
(6)
The minimum distance from the street right-of-way line
at any major ingress or egress driveway to any parking
stall or to any interior access aisle having direct
access to such driveway shall be one hundred (100)
feet.
(7)
Driveways which intersect streets which are owned and
maintained by a governing body other than Boynton Beach
must be permitted by the proper governing agency, prior
to submission ~of plans for a building permit.
No more than two (2) driveways shall be permitted from
any property. Where properties abut more than one
public or private right-of-way, additional driveways
may be permitted depending upon traffic volumes, but in
no instance shall the number of driveways exceed two
(2) on each street.
(i) Parking lot layout.
Parking lots shall be designed to meet or exceed the
dimensional requirements for stalls, driveways, and
access aisles as provided for in City standards.
(j)
(k)
(1)
(m)
(n)
(o)
(2)
Each parking lot or parking stall shall have sufficient
access from a street, alley, or other public or private
way. Maneuvering and access areas shall be of
sufficient size to permit vehicles to enter and exit
the parking lot and parking stalls in a safe and
efficient manner. In no instance shall parking lots be
designed to allow vehicles to back out into any public
alley or road rights-of-way, or segments of private
streets which function as local or collector streets.
(3)
Within parking lots, a minimum design radius of ten
(10) feet shall be provided. If truck traffic is
anticipated, this minimum design radius shall be
increased accordingly.
Parking Garages. Parking garages, whether public or
private, shall comply with this Article where applicable,
and with the Standard Building Code and the County-wide
Amendments thereto. Where appropriate, security systems may
be required.
Handicap Requirements. Ail parking lots shall provide
parking stalls with proper signage consistent with the State
Handicap Code requirements, and with the Standard Building
Code and the County-wide Amendments thereto.
Parking Lot Striping. Parking stalls shall be delineated by
double-line, painted stripes where park~!~s~t~lls~ab~-each
other, which shall comply with City standardS.
Fire Lanes. Ail shopping centers, retail-office complexes,
and retail establishments in which the gr.oss floor area of
all buildings is fifteen thousand (15,000) square feet or
greater shall have fire lanes along the front of all
buildings which shall allow efficient access to the fronts
of buildings by fire protection vehicles. Fire lanes shall
have a minimum pavement width of twenty-two (22) feet. Fire
lanes shall not be encumbered by parked vehicles, including
commercial vehicles, and shall not be used for the loading
or unloading of commercial vehicles. Additionally, fire
lanes shall be clearly marked with signs and striping or a
combination of both, which shall comply with City standards.
Parcel Pickup or Customer Dropoff Lanes. Parcel pickup or
customer dropoff lanes are permitted outside of the fire
lane, if these lanes comply with City standards.
Parking Lot Maintenance. The maintenance of all parking
lots in the City, including portions of driveways which lie
in the right-of-way, is a requirement, regardl.ess
of the applicability of this Article. Parking lots shall be
maintained so as to not be a nuisance or hazard to the
public.
Sec. 5-143. Permit required.
Prior to the construction of any parking lot, the owner, or his
authorized agent, shall secure a permit from the Building
Official. The issuance of a construction permit by the City,
pursuant to this Article, shall not relieve any party from
obtaining the necessary permits which may be required by the
various state, federal, or local government agencies which have
jurisdiction over the proposed construction. Final inspections
of the parking lot for compliance with this Article and other
City Code requirements, and standards are required prior to the
issuance of a Certificate of Occupancy. Inspections shall comply
with City standards.
Sec. 5-144. Permit application.
In connection with a request for a permit to construct a parking
lot, the owner, or his authorized agent, shall submit an
application which shall include, but not be limited to,
information and materials as follows:
(a)
(b)
Dimensions and orientation of the parcel, and identification
and orientation of adjacent parcels;
(c)
A sealed survey, not older than six months. The survey must
show existing elevations and/or contours, existing easements
or other encumbrances, existing structures and trees, and
other topographical features. In additi~ ~'~mus:t
show elevations of adjacent properties and rights-of-way,
right-of-way widths of adjacent roadways, along with paving,
sidewalks, elevations, utility lines,~andother features;
(d)
Location of parking and loading facilities which shall
include calculations for the number of parking stalls
required and the number of parking stalls provided, and the
location of handicap parking stalls, signs, and access
ramps;
A cross-section of the materials to be used in the
construction of the parking lot;
(e) A parking lot layout plan including striping;
(f) Property site plan;
(g)
( h )
Parking lot lighting plan, which shall include the location
of lighting standards, fixture types, luminaire types and
sizes, illumination levels, direction of lighting, and type
of activating mechanism;
Conformance with Chapter 22 Street and Sidewalks of the
City of Boynton Beach Code of Ordinances;
(i) Location of existing and proposed streets to include
ultimate rights-of-way. Dedication of right-of-way is
required in conformance with the City and County
Comprehensive Plans;
(j) On-site traffic plan including arrows and traffic signs;
(k)
Landscaping plan and tree preservation plan consistent with
current City Codes;
(1)
Outline of all buildings on-site to be served by the parking
lot and existing and/or proposed use of same;
(m)
Paving and drainage plans with elevations, including
calculations and details of the drainage system;
(n)
Parking lots serving uses which generate three-thousand
(3,000) vehicle, single-directional, trips per day or two
hundred and fifty (250) vehicle, single-directional trips in
a one-hour period shall submit a traffic impact analysis.
(o)
Any other engineering or technical data, as may be required
by the Technical Review Board to determine compliance with
the provisions of this Article and the standards referred to
herein.
The above-mentioned information shall be included in subdivision
construction plans when applicable, and with plans submitted for
site plan approval or building permit. %~.~;~i
Sec. 5-145. Variances to this article.
(a)
Variances Authorized. The Planning and Zoning Board of the
-City of Boynton Beach is hereby authorized to grant
variances to any section of this Article or any design
standards referenced hereinafter by conducting a public
hearing at which any party may appear in person, or through
his duly authorized agent, to give testimony. Where property
lies within the Central Business District (CBD) as set forth
in the zoning regulations, the Downtown Review Board shall
take the place of the Planning and Zoning Board in all
proceedings with regard to applications for such variances.
(1)
/ ..... (2)
Variances may be granted only when the granting of same
will not be contrary to the public interest, and where,
owing to special conditions, a literal enforcement of
the provisions of this Article would result in an
unnecessary hardship, not created by the applicant or
his Predecessor in title, use, or possession.
Variances which are approved by less than a unanimous
.~vote of the entire membership of either Board shall
require City Commission approval prior to being granted
by the City.
9
(b)
(c)
(d)
Variance Procedure. A variance as herein authorized shall
not be granted unless and until a written application, and
an application fee, as set by the City Commission by
Resolution, is submitted to the Planning Director,
demonstrating the following:
(1)
That special conditions and circumstances exist which
are peculiar to the physical or topographical features
of the land or structures, which are not applicable to
other lands or structures within the City;
(2)
That literal enforcement of the provisions of this
Article would deprive the applicant of rights, commonly
enjoyed by other properties in the vicinity under the
terms of this article;
(3)
That the special conditions and circumstances referred
to in (1) above do not result from the action of the
applicant or his predecessors;
(4)
That granting the variance requested will not confer on
the applicant any special privilege that is denied by
this Article to other lands or structures in the City;
Granting Variances - Requirements. Before granting a
variance, as authorized by this Article, the Planning and
Zoning Board shall make findings as follows:
(1)
That the requirements for a public hearing have been
met;
(2)
That the reasons set forth in the application justify
the granting of the variance, and that the variance is
the minimum variance that will make possible the
reasonable use of land or structure;
(3)
That the granting of the variance will be in harmony
with the general intent and purpose of this Article,
will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare; and,
(4)
That a recommendation has been forwarded from the
Technical Review Board as constituted in Appendix C,
Article V, Definitions, of the Code of Ordinances of
the City of Boynton Beach, and that the recommendation
has been made a part of the publi~ record.
Conditions. In granting a variance, the Planning and Zoning
Board may prescribe appropriate conditions and safeguards in
order to conform with the intent of this Article. Violation
of such conditions and safeguards, when made a part of the
terms under which the variance is granted, shall cause the
variance to become null and void.
10
Sec. 5-146. Stoppage of work.
Failure to comply with the plans of record or other City
Ordinances shall result in an order to stop work from the
Building Official. Damage to public property resulting from work
performed may result in a stop work order if a threat exists to
the health and safety of the public.
Sec. 5-147. City's remedies for violation of this Article.
In addition to the remedies afforded in Section 5-146 above, the
City may enforce the provisions of this Article as follows:
(a)
Violation of the provisions of this article shall be a
misdemeanor of the second degree, punishable by up to sixty
(60) days in jail and/or a five hundred dollar ($500.00)
fine, and the City may prosecute violation of this Article
as such.
(b)
The City may Seek a mandatory injunction with the Circuit
Court of the Fifteenth Judicial Circuit in and for Palm
Beach County to enjoin violations of this Article. Any
violation of this Article shall result in the authority to
enjoin said nuisance by injunction, and may require that the
land upon which the violation has been committed be returned
to its condition, prior to the violation, or as close
thereto as reasonably possible. Further~any party creating
a violation of this Article, or nuisance~e~.lting from a
violation of this Article shall be responsible for all of
the City's costs, including attorney's fees, for bringing
an injunctive action, pursuant to this Section.
(c)
The City may prosecute violations of this Article through
the City's Code Enforcement Board.
(d)
None of the above-listed remedies shall be considered to be
mutually exclusive, and the City may pursue any or all of
the above-listed remedies in conjunction with each other.
11