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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Lots, Sections 5-136 through 5-146, inclusive of the Code of Ordinances, City of Boynton Beach, Florida, are hereby repealed in their entirety.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to codify said Section 4: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.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