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Agenda 05-01-07 The City of Boynton Bach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission REVISED AGENDA MAY 1, 2007 Jerry Taylor Mayor - At Large Ron Weiland Commissioner - District I DISTRI T I Jose Rodriguez Vice Mayor Mack McCray Commissioner - District II Carl McKoy Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium City of Boynton Beach REGULAR CITY COMMISSION MEEnNG REVISED AGENDA May 1, 2007 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. 1st Annual Blanche Hearst-Girtman Scholarship Luncheon to be held on May 12, 2007 at 11 a.m. in the R.M. Lee Fellowship Hall, 900 NE Seacrest Blvd. The donation amount is $30.00. All proceeds will be issued to High School Seniors entering college. B. Community and Special Events: None C. Presentations: 1. Proclamations a. National Public Works Weeks - May 20-26, 2007 b. Nurses Week - May 6 - 12, 2007 c. National Day of Prayer - May 3, 2007 2. Presentation of the 9-30-2006 City of Boynton Beach Annual Financial Report as presented by Ed Holt and Ron Bennett from Nowlen, Holt & Miner. 1 Agenda Regular City Commission Boynton Beach, FL May 1, 2007 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Expiration Date I Weiland Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled(3) II McCray Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled(3) IV McKoy Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled(3) Mayor Taylor Cemetery Board Alt 9 mo term to 12/07 Tabled(3) I Weiland Code Compliance Board Alt 9 mo term to 12/07 Tabled(3) II McCray Code Compliance Board Reg 33 mo term to 12/08 III Rodriguez Community Relations Board Alt 9 mo term to 12/07 II McCray Community Relations Board Alt 9 mo term to 12/07 Tabled(3) I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled(3) II McCray Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled(3) III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled(3) IV McKoy Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled(3) IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled(3) Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled(3) III Rodriguez Golf Course Advisory Committee Alt 5 yr term to 6/11 II McCray Library Board Alt 9 mo term to 12/07 Tabled(3) Mayor Taylor Library Board Alt 9 mo term to 12/07 II McCray Recreation & Parks Board Reg 3 yr term to 4/08 Tabled(3) IV McKoy Recreation & Parks Board Alt 9 mo term to 12/07 Tabled(3) Mayor Taylor Senior Advisory Board Alt 9 mo term to 12/07 Tabled(3) I Weiland Senior Advisory Board Alt 9 mo term to 12/07 IV McKoy Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled(3) Mayor Taylor Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled(3) I Weiland Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled(3) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 2 Agenda Regular City Commission Boynton Beach, FL May 1, 2007 A. Minutes 1. Agenda Preview Conference - April 13, 2007 2. Regular City Commission - April 17, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. None C. Resolutions 1. Proposed Resolution No. R07-049 RE: Approving and authorizing a change to the Hurricane Housing Recovery Program's Hurricane Housing Assistance Plan (HHAP) to add GAP Financing strategy in an effort to further assist eligible very low, low, and moderate income applicants to purchase homes within the City of Boynton Beach. 2. (Intentionally left blank - Item moved to VLH.) D. Approve the "CORTINA PUD REPLAT", a PUD Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). E. Approve the reduction of a cash surety for Boynton Town Center Project from $108,109.54 by 90% to $10,810.95. F. Authorize the use of $2,000 for the PAL Organization from Commissioner Weiland's Community Investment Funds G. Authorize the use of $1,000 for the PAL Organization and $1,000 to Delray Boynton Academy from Commissioner McKoy's Community Investment Funds. H. Authorize appropriation of $27,900 from unobligated General Fund Reserves to help offset cost of petition gathering process for proposed referendum on home rule per Resolution 07-013. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 3 Agenda Regular City Commission Boynton Beach, FL May 1, 2007 A. Project: Description: Rewrite of Land Development Regulations Progress report, proposed definitions and proposed work schedule. IX. CITY MANAGER'S REPORT: A. Capital Improvement Plan status report B. Direct City staff to initiate text amendment to Land Development Regulations that will allow schools to be a conditional use in Industrial Use Districts X. FUTURE AGENDA ITEMS: A. Water, Sewer and Stormwater Rate Study Report (May 15, 2007) B. Revision of Fire Codes (May 15, 2007) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-010 RE: Amending Section 18-181 of the Boynton Beach Code of Ordinances to expand the Firefighter Pension Board's investment authority by permitting investment in all authorized investments as permitted by Florida law. (Request tabling to May 15, 2007 to comply with Notice Requirements) C. Ordinances - 1st Reading None D. Resolutions: 1. Proposed Resolution No. R07-046 RE: Approving the revision of the procedures governing expenditures of Community Investment Funds; rescinding conflicting provision of previous resolutions and policies governing the procedure for expenditures of Community Investment Funds. (Tabled on April 17, 2007) 4 Agenda Regular City Commission Boynton Beach, FL May 1, 2007 E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. REVISED AGENDA 04/30/07 S:\CC\WP\CCAGENDA\AGENDAS\Year 2007\050107 - Revised.doc 5 ~'....::...~'" r' // ,"",\ ; '\ t-Q \, )1 :: Q~>-~,/;'~ "V <~...., r_'-'~:"t. V 10 ..... III.-ANNOUNCEMENTS &: PRESENTATIONS Item A.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19, 2007 June 4, 2007 (Noon) ~ May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) ~ Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Make announcement. EXPLANATION: The 151 Annual Blanche Hearst-Girtman Scholarship Luncheon will be held on Saturday, May 12,2007 at 11 :00 a.m. at the R.M. Lee Fellowship Hall located at 900 NE Seacrest Blvd in Boynton Beach. The donation amount is $30.00 per person and all proceeds from the Scholarship Luncheon will be issued to High School Seniors entering college. PROGRAM IMPACT: None. This is not a City sponsored event. FISCAL IMPACT: N/A ALTERNATIVES: Not to make the announcement Department Head's Signature City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Blanche Hearst-Girtman Scholarship Luncheon "Celebrating and COl1tinuing Academic Excellence Through God's Blessings." .. . 1st Annual Blanche Hea.rst-Girtman SchoL"lrShip Luncheon IFben; Salurdil.'., lIJaT 12, 2007 Place: R.lII. Lee Fcllon'"$hip I-faO 900 N.E. SC8<:rt.'81" Blvd. Boynton Bch, FL 3343/; Time; 11:00 <I.m. '\t" ,;1'0-.' l',~ ., \ "', '-. '" ,'<~,,~~~,,~}, ~\ ,<, .... All procee~s from the . " '" \!~.},. .""". ?chOlarshlp' Luncheon will ~e "-I:'if' '~~..' ~'l,':F".'. .... ~'. ':'., .,.....,.. ..... '~.' '.1 Issue~ to HIgh School Sentors . ~-' ',' '\-- '. "J'" . ': entenng college. \; ''''-,:', :J>J""~ \ -'Ji'....' ;''''c'i'M'. ~ . ~. ~ l ,. , \,.J . i i~.. j '%' ",d Donation: $30.Of.1 .,). ,,:.. . For more information please contact: Greater Sf. Paul A.M.E. Church 315 Martin Luther King Blvd. P.O. Box 1419 Boynton Beach, Florida 33435 (561)734-5723 April 25, 2007 Just a Note, Dear Mr. Bresner, I wanted to tell you about this at the Board Dinner, The Blanche Hearst-Girtman Scholarship Fund of S1. Paul A.M.E. Church, Boynton Beach, FL My Pastor, Rev. Anton G. Elwood thought this would be a good way to generate Scholarship Funds for graduating seniors. He has also established the Blanche Hearst- Girtman Scholarship Fund as an Annual Occasion in the A.M.E. Church world wide. Would it be possible to get a proclamation from the city for this occasion? Sincerely,. I (4 . -/-: . /5'/;... . {Q- n ,1/.t.1. /h~( (I.H/ r7? li 1 L (4"D. Blanche H. Girtman W ork-561-73 7 -6067 Home-561-732-9390 RECEIVED APR 2 6 2007 CITY ~,v\rV'~r,FR'l\ OFFICE t,____--.:._ ,-" ..,," '-,r . ~\-{Y 0 , " J::.. . , r " \ \ll \ ' : 0\ /:r J- '., .t I.J ""'" / ~~N';.' III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates D April 17, 2007 April 2, 2007 (Noon.) D June 19, 2007 [8J May 1, 2007 April 16, 2007 (Noon) D July 3, 2007 D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 Date Final Fonn Must be Turned in to City Clerk's Office June 4, 2007 (Noon) :-') June 18,2007 (Noon) r::::l '.1 3: ~-s :::0 ~-< C) -., July 2, 2007 (Noon) -<,-.... n" 'co "'0 ;:0.../ U1 July 16,2007 (Noon) --:1 "'- [8J AnnouncementslPresentations D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D .t:" -~~ I~~ j~'~?; RECOMMENDATION: Motion to approve Proclamation for National Public Works Week - May 20-26,2007. EXPLANATION: National Public Works Week is scheduled to occur during the week of May 20-26, 2007. This year's theme is "Public Works: Moving Life Forward" to show the essential role of Public Works in our quality of life. PROGRAM IMP ACT: Opportunity to promote the diversity of Public Works and the positive impact of Public Works employees and services to the community. FISCAL IMP ACT: N/A AL TERNA TIVES: Not to approve the Proclamation. Cl~~ Department Head's Signature ~ City Manager's Signature Assistant to City Manager (/rwG Public Works Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~rotlamation WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as public buildings, streets, solid waste collection, forestry & grounds, fleet maintenance, water and sewers and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works and Utilities officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works and utilities departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. WHEREAS, this year's theme "Public Works: Moving Life Forward'; centers on the pervasiveness of public works; and Now, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the week of May 20 - 26, 2007 as "NATIONAL PUBLIC WORKS WEEK" and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and utilities and to recognize the contributions which public works and utilities officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 1st day of May, Two Thousand Seven. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.b CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) !Xl May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15, 2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 7007 July 16,2007 (Noon) .D(l Announcements/Presentations D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Permit presentation EXPLANA TION: Each year Bethesda Hospital celebrates its nurses during Nurses Week for their outstanding care and compassion. The hospital employs over 650 nurses, and last year the City made a donation of$2,500 to the hospital's nursing scholarship fund. National Nurses Week will be celebrated at Bethesda May 6-12, 2007. PROGRAM IMPACT: Presentation of this Proclamation will help underscore the importance of the hospital's retaining its caring and experienced nursing staff during a period of critical state and national nursing shortage. FISCAL IMPACT: AL TERNA TIVES: None W~4J~_ ~ ~/2f DepartmHea Ignature Public Affairs City Manager's Signature ') Assistant to City Manager (Ift(~ Department Name City Attorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Nearly 2.7 million registered nurses in the United States comprise our nation's largest health care profession. These dedicated women and men meet the different and emerging health care needs of the American population in a wide range of settings. Professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients. In Boynton Beach, the nurses of Bethesda Memorial Hospital are committed to the promotion of health, the prevention of disease and the delivery of quality nursing care. While a renewed emphasis on primary and preventive health care has required the better utilization of all of our nation's registered nursing resources, Bethesda women and men in nursing have been expanding their professional health care roles by continually striving to upgrade standards of care and improve services through practice, education and research. The demand for registered nursing services is greater than ever because of the aging of the American population, the continuing expansion of life-sustaining technology and the explosive growth of home health care services. This means that more qualified registered nurses are needed to meet the increasingly complex needs of health care consumers in this community. Boynton Beach is indeed fortunate to have dedicated nurses utilizing their knowledge, skills, energy and compassion to improve the quality and accessibility of health care services for our residents. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 6-12, 2007, as: Nurses' Week In recognition of the contributions of the nurses at Bethesda Memorial Hospital to the health care of our residents. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 1st day of May, Two Thousand and Seven. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.c CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) ~ May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18, 2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) 21 Announcements/Presentati ons D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Present Proclamation EXPLANATION: There have been several national days of prayer in the U.S. before the day was made official in 1952. On April 17, 1952, President Truman signed a bill proclaiming the National Day of Prayer into law. It was in 1972 that the National Prayer Committee was formed. It went on to create the National Day of Prayer Task Force, with the intended purpose of coordinating events for the National Day of Prayer. In 1988, President Reagan signed a bill into law decreeing that the National Day of Prayer should be held on the first Thursday of May. The intention of the National Day of Prayer was always that it would be a day when members of all faiths could pray together in their own way. PROGRAM IMPACT: Presentation of this Proclamation would help raise public awareness of the National Day of Prayer. FISCAL IMPACT: None AL TERNA TIVES: Not present Proclamation ~/~/l6 '~~~ epartment ad's nature Public Affairs City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC PROCLAMATION Whereas, the religious freedom guaranteed us by the First Amendment to the United States Constitution and the diversity of faiths practiced in America have made our land a beacon for people who seek freedom to worship according to their conscience; and Whereas, Americans of every race, background and creed come together in churches, synagogues, temples, mosques and their own homes to pray or meditate for guidance, wisdom and courage; and Whereas, the citizens of Boynton Beach are a diverse people, with a remarkable variety of cultures and religious traditions - "many lands, many people, may faiths" - that blend into one City; and Whereas, just as we rely on prayer or reflection for courage, hope and renewal in our private lives, so too do we turn to prayer or reflection at times of joy, crisis and tragedy in our public life as a Nation; and Whereas, Congress, by Public Law 100-307, has called on our citizens to reaffirm the role of prayer and reflection in our society and to honor the religious diversity our freedom permits by recognizing annually a "National Day of Prayer;" and Whereas, we are especially mindful of the heroic men and women serving in our Armed Forces, especially those serving abroad; Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 3, 2007, as: National Day of Prayer or Reflection in Boynton Beach and urge all citizens to pray or reflect on their own and give thanks for the rich blessings of our City, State and Nation. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the I st day of May, two thousand and seven. Jerry Taylor, Mayor City of Boynton Beach ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) ~-r ':_0 Jt;. /~ ( ~ '.. ~ "." ". ".~ p.',.,,-'~-..._- '" ..,.." " " "0,.. . v '" )'0 \:.':;5 rn.-ANNOUNCEMENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4,2007 (Noon) [8J May I, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15, 2007 April 30,2007 (Noon) 0 July 17, 2007 July 2,2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) [8J AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Accept the 9-30-2006 City of Boynton Beach Annual Financial Report as presented by Ed Holt and Ron Bennett from Nowlen, Holt & Miner. EXPLANATION: Florida State Statutes require that all governmental agencies have an annual audit completed by an independent audit firm. This year the annual audit was performed by Nowlen, Holt & Miner whose offices are located in West Palm Beach and Belle Glades. The audit has been completed and is now being presented to the City Commission for acceptance. The City has submitted the report to the Government Finance Officers Association's Certificate of Achievement program. The Finance staff is to be commended for having received GFOA's Certificate of Excellence in Financial Reporting award for the past 28 consecutive years. PROGRAM IMP ACT: The City remains in stable financial condition. FISCAL IMP ACT: Annual fee for audit services was $86,000. ALTERNATIVES: None {Jp~1~4 Department ea's Sig ature Financial Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC V. ADMINISTRATIVE ITEM A. REVISED APPLICANT ELIGIBLE FOR APPOINTMENT 5/1 NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION SUBMITTED Aikens Willie L. Community Redev. 6/20/06 Agencv Board Agee Beverly Planning & 3/20/07 Development Board Barnes Matthew Planning & Community Arts Commission 03/05/07 Development Board Redevelopment Aqencv Buchanan James (Buck) Community Redev. 7/10/06 Aoencv Board Cwynar William Planning & 02/28/07 Development Board Godfrey Kurt Recreation & Parks 04/27/07 Boa rd Mendelsohn Sanford Arts Commission Library Board Community 03/08/07 Relations Board O'Connell Virginia Senior Advisory Bd. 4/25/07 Scicchitano Frank Golf Course Adv. Bd. 04/11/07 Wilkinson Loretta Education & Youth 4/27/07 Adv. Bd. 1 VI.-CONSENT AGENDA ITEM C.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Requested City Date Final Form Must be Meetinq Dates Turned in to City Clerk's Commission Turnect:!!J to -) --1 Office Meetinq Dates City Clerk""s-OffiGe:-'< ~ v -.') D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Nddn) - - W ~ May 1, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18, 2007 (Noon) --i :lC:'~ ,~ _-.-cot> --'- .", -.."," D May 15,2007 April 30, 2007 (Noon) D July 17, 2007 July 2,2007 (NooAf 1'1 ~1cD -~fT' 0 ::?,:t> D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16, 2007 (NdoTl) .' 'n D Annou ncemen tslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal D Settlements Unfinished Business D Public Hearing D RECOMMENDATION: Staff recommends Commission approval by Resolution R07-_ the following change to the Hurricane Housing Recovery Program's Hurricane Housing Assistance Plan (HHAP): · Add GAP Financing strategy in an effort to further assist eligible very low, low, and moderate income applicants to purchase homes within the City Of Boynton Beach. EXPLANATION: As a result of the City's 2006/07 SHIP allocation having been expended and otherwise encumbered, staff has found it necessary to resort to funding from the Hurricane Housing Recovery Program, another source of SHIP funds that was allocated in 2005. This funding in the amount of $1,000,000 was originally designated to be used for Owner Occupied Rehabilitation, Rental Acquisition & Rehabilitation, Land Acquisition, Disaster Prevention and Disaster Relief. Staff has found it necessary to add GAP financing as a strategy in an effort to assist more first time homebuyers as no other SHIP funds will be available until July. PROGRAM IMPACT: SHIP funding for fiscal year 2006/07 has been exhausted. Additional funds are not expected until July 2007, at which time we anticipate receiving $605,770. FISCAL IMPACT: The availability of additional funds in the amount of approximately $600,000 to further the provision of Affordable Housing. None. anager's Signature Community Improvement Division Department Name City Attorney Finance S:\Community Improvement\Agenda Requests\2007\CC 5-1 HHAP Revision.doc 1 RESOLUTION R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE CHANGES 5 TO THE CITY OF BOYNTON BEACH'S 6 HURRICANE HOUSING RECOVERY PROGRAM'S 7 HURRICANE HOUSING ASSIST ANCE PLAN 8 (HHAP) TO ADD GAP FINANCING STRATEGY; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, as a result of the City's 2006/07 SHIP allocation having been 13 expended and otherwise encumbered, staff has found it necessary to resort to funding from 14 the Hurricane Housing Recovery Program which is another source of SHIP funds that was 15 allocated in 2005; and 16 WHEREAS, Staff has found it necessary to add GAP financing as a strategy in an 17 effort to assist more first time homebuyers as no other SHIP funds will be available until 18 July; and 19 WHEREAS, upon the recommendation of staff, the City Commission deems it to 20 be in the best interests, safety and welfare of the citizens and residents of the City of 21 Boynton Beach to approve the changes to the City of Boynton Beach's Hurricane Housing 22 Recovery Program's Hurricane Housing Assistance Plan (HHAP). 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are true and correct and are 26 hereby ratified and confirmed by the City Commission. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, 28 hereby approve the changes to the City of Boynton Beach's Hurricane Housing Recovery S:\CA\RESO.Hurricane Housing Assistance Plan ( GAP),doc Program's Hurricane Housing Assistance Plan (HHAP), namely adding GAP financing 2 strategy in an effort to further assist eligible very low, low and moderate income 3 applicants to purchase homes within the City of Boynton Beach. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of May, 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet Prainito, City Clerk (Corporate Seal) S:\CA\RESO\Hurricane Housing Assistance Plan (GAP).doc further damage, tree and debris removal required to make the housing unit habitable, and post disaster assistance with non-insured repairs. 2. Fiscal Years Covered: State Fiscal Years 2005/2006; 2006/2007; and 2007/2008. 3. Income Categories to be served: Very low, low, and moderate income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed b the Florida Housing Finance Corporation for use in the HHR Program. 4. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award for this strategy is $8,000 per unit. 5. Terms. Recapture and Default: Individual households will not be required to repay funds used for disaster assistance as they will be in the form of a grant. In the event the City of Boynton Beach receives reimbursement from federal or state sources, such repair funds will be utilized in accordance with the approved Hurricane Housing Assistance Plan in effect at the time the funds are disbursed. 6. Recipient Selection Criteria: In addition to being income eligible as described above, applicants will be served on a first-come, first-serve basis, pending fund availability. Residence must be located within the municipal boundaries of Boynton Beach. 7. Sponsor Selection Criteria: N/ A 8. Additional Information: This strategy will be implemented only in the event of a natural disaster, using any HHRP funds that have not been encumbered. F. GaD Financina Purchase Assistance Loan Proaram 1. Summary of the Strategy: This strategy assists very low. low. and moderate- income homebuyers with the purchase of a home. This loan will provide "GAP" financing in the form of a zero percent interest (0%) deferred loan for first mortgage assistance to insure affordable monthly payments. Eligible costs under this strategy may include but are not limited to down payment and closing costs on first mortgage and repairs needed to make the unit habitable. Eligible properties include newly constructed homes (built within 12 months of closing). or existing homes. which mayor may not need rehabilitation. Rehabilitation is defined as the repairs or improvements needed for safe and sanitary habilitation. correction of substantial code violations or the creation of living space due to overcrowding. 7 2. Fiscal Years: This strategy will be utilized during the remaining fiscal years 2006/2007. and 2007/2008. 3. Income Categories: Housing income must not exceed 1200/0 of the median income figure. adjusted for family size. as provided by HUD and distributed by Florida Housing Finance Corporation. The maximum amount of SHIP funds awarded for this strategy depends on the family's income as follows: Income Category Very Low Low Moderate Maximum Award/*with repairs $75.000/$85,000 $75.000/$85.000 $50.000/$60.000 *An additional $10.000 may be available above purchase assistance for necessary code-related repairs when applicable. Each applicant will be responsible for a minimum of 3% towards down payment/closing costs. and/or processing of their mortgage loan. The applicants' income must be verified in order to certify as being eligible. 4. Recapture Provisions: The program will provide a deferred payment loan covering the full amount of assistance with a percentage of the equity earned to be shared at the time of transfer or closing to qualified, eligible homebuyers. The deferred payment loan is forgivable at the original term of the mortgage. providing the home remains owner occupied and honors all requirements of the deferred payment loan. A second (subsequent) mortgage will be placed on the home. If the home is sold. transferred or refinanced prior to the original term period. the deferred payment loan and the shared equity is recaptured at time of closing. and the funds are to be returned to the City of Boynton Beach SHIP Program. In case of death of the homeowner, the deferred payment loan would continue as long as the new owner is income eligible under the SHIP guidelines. and resides in the dwelling. If the new owner is not eligible. the house is sold. transferred. or refinances. the sum of the loan and the shared equity would be due and payable. and the new owner must pay a percentage of the excess profit to the City of Boynton Beach. 8 Shared Equitv The owner must pay 80% of the equity to the City during the first five years; during years 6-20. the City receives 50% of the excess profit; and during years 21-30. 15% of the equity per the appraised fair market value during the term of the owner's loan. If the Owner lives in the property for the full term of the original mortgage the City's mortgage is forgiven. y Percen Right-of-First-Refusal The City of Boynton Beach also has the right-of-first-refusaI to match the appraised fair market value. If the City does not have an approved applicant to purchase the property within forty five days after the receipt of the appraisal. the owner can sell the property to anyone certified as income eligible for affordable housing standards. 5. Selection Criteria: Applicants must be income eligible with incomes between zero and 120% of the median income as provided by the State and adjusted to family size. Purchasers must be first time homebuyers. to include displaced homeowners due to divorce. purchasing within incorporated Boynton Beach area, and may not currently have assets exceeding $15,000 (gifts included in the asset calculation). If the applicant has funds that exceed the $15,000 maximum. and are income certified, he/she must commit one third (1/3) of his/her assets to be used in addition to the amount of assistance provided. The exception to this would be if the applicant has funds in a retirement fund that can only be accessed by termination. Due to the extreme nature of the housing market within the City of Boynton Beach, collaboration with the Community Redevelopment Agency (CRA) has been formulated. As a result Loan to Values will be access on a case by case basis. However, front end and back end ratios must be adhered to. 9 The applicants will be selected on a first-come. first-served basis, and must be certified very-Iow, low, or moderate income as a result of third party verifications. The potential homebuyer must be credit worthy, and have sufficient income required to obtain mortgage financing from a participating lender. and must attend a homebuyer education course offered by participating lenders and/or community based development organizations. The applicant must not own any other residence unless it is being replaced with the construction of a new home through the SHIP Program. III. EXTREMELY LOW INCOME STRATEGY A. Strategies from the Section II to be included to serve X-Low Income All strategies in section II will be available to extremely low- income persons. B. Recipient Selection Criteria Selection criteria to be used will be that as stated in Section II. C. Additional information: NjA IV. COMMUNITY PLANNING STRATEGY A. Summary of the Strategy (including roles of the organizations involved) The City of Boynton Beach met formally on several occasions with Palm Beach County Department of Housing and Community Development, and the City of Delray Beach to discuss the various strategies available for this plan. Present also was staff from the Florida Housing Finance Corporation who provided technical assistance. Topics of discussion included the amount of funding available and the needs of our various communities, which ultimately helped to determine the funding required. B. Strategies from Section II to be included in Community Collaborations All strategies from Section II were included in the Community Collaborations. V. ADMINISTRATIVE BUDGET A. Administrative summary of expenses: Up to 15% of the allocation may be used for administrative expenses relating to direct program administration as shown below: 10 ',,' ~','\,"1"YO"" V'.. ~.._,.......~>,f...'" " ' .E'-, -. .'-,' ,- J-7; .." ':) ':> VI.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17,2007 April 2, 2007 (Noon.) D June 19,2007 June 4,2007 (Noon) ~ May 1, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) 0 May 15, 2007 April 30, 2007 (Noon) D July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [8J Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Authorize appropriation of$27,900 from un-obligated General Fund Reserves to help off- set cost of petition gathering process for proposed referendum on home rule per Resolution 07-013. EXPLANATION: Currently, discussions are underway with members of the Palm Beach County Board of Commissioners to agree to place an item on the ballot that would affirm local municipal home-rule authority. Four of seven members of the County Commission must agree to place an item on the ballot if petitions are signed by 7% of the registered voters in Palm Beach County or 53,576 petitions needed. If the Board of County Commission agrees to place the item on the ballot, funds will still be needed to provide public information on the issue. PROGRAM IMPACT: This is policy implementation for Resolution 07-013 (attached) FISCAL IMPACT: (Include Account Number where funds will come from) -- $27,900 is a formula recommended by the Palm Beach County League of Cities representing 2 times the City's annual dues. Funds would need to be appropriated from the City's un-obligated General Fund balance which has funds set aside for unanticipated expenses. AL TERNA TIVES: Do not autho,;" appmpdation of $27,900 n, aUthOdZ: a Ij,,~unt. Oopa,,",ont Road', Signa,",o ~~" Assistant to City Manager City Attorney / Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 0 13 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, SUPPORTING AND ENDORSING THE 5 PRINCIPLES OF HOME RULE AND ADOPTING THE POLICIES 6 SET FORTH BELOW TO SUPPORT THE PREMISE THAT THE 7 CITY SHOULD HAVE THE AUTHORITY TO GOVERN WITHIN 8 ITS JURISDICTION; FURTHER PROVIDING THAT SUCH 9 AUTHORITY SHOULD NOT BE ERODED; PROVIDING AN 10 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, Chapter 166, Florida Statutes, entitled "Municipalities" and known as the 14 "Municipal Home Rule Powers Act" provides a broad grant of authority to all municipalities to 15 enable them to exercise any power for municipal purposes, except when expressly prohibited by 16 law; and 17 WHEREAS, Section 2(b), Article VIII, State Constitution, protects the rights of 18 municipal government by means of language which reads as follows: 19 Municipalities shall have the governmental, corporate, and 20 proprietary powers to enable them to conduct municipal 21 government, perform municipal functions and render municipal 22 services, and may exercise any power for municipal purposes, 23 except as otherwise provided by law; and 24 25 WHEREAS, the legislature recognizes that, pursuant to the grant of power set forth in 26 Section 2(b), Article VIII, State Constitution, the legislative body of each municipality has the 27 power to enact legislation concerning any subject matter upon which the state legislature may act 28 except for those subjects specifically listed at Section 166.021(3)(a)-(d); and 29 WHEREAS, municipalities are voluntary forms of government and would not exist if 30 communities had not organized and held special elections in order to create the local forn1 of 31 government; and Page I of3 :\CA\RESGSampJe Home RuJe.06,doc 1 WHEREAS, Residents in a community decide to incorporate in order to govern 2 themselves and to gain a greater degree of control over issues that impact their quality oflife and 3 property interests directly; and 4 WHEREAS, municipalities represent the form of government which is closest to the 5 people and therefore many people expressly choose to live within municipalities in order that their 6 ideas may be heard on a more personal basis; and 7 WHEREAS, a similar resolution was adopted by the Palm Beach County League of 8 Cities, Inc. on November 22,2006; and 9 WHEREAS, the City of Boynton Beach desires to preserve this unique responsive form 10 of government, wishes to support the Palm Beach County League of Cities, Inc. and believes it to 11 be in the best interests of its citizens to adopt this Resolution formally stating its position. 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 13 CITY OF BOYNTON BEACH AS FOLLOWS: 14 Section 1: The City of Boynton Beach believes that when issues are in conflict 15 between Palm Beach County and a municipality or several municipalities, such conflict should be 16 resolved by the following: 17 18 19 20 21 A. Approval by the governing body of the municipality or municipalities affected; or Approval by a majority ofthe electors within the County and a majority of the electors within the affected municipality or municipalities. The above stated policy is hereby adopted by the City Commission of the B. Section 2: 22 City of Boynton Beach. Page 2 of3 S:\CA\RESO\Sample Home Rule-06.doc 1 Section 3: This Resolution shall be forwarded to the Board of County Commissioners, 2 the Palm Beach County Administrator, the Palm Beach County League of Cities, Inc. and the 3 State Senators and Representatives elected from the jurisdiction of the City of Boynton Beach. 4 Section 4: 5 This Resolution shall take effect immediately upon passage. I to day of Januo..-r'f CITY OF BOYNTON BEACH, FLORIDA PASSED AND ADOPTED this ,2007. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 /? .. ATTEST: m.P~ 2 "J J_ S:\CA\RESOSample Home RuJe-06,doc ~Y.~. 'ayor }e~lor , ~ Page 3 of3 1 RESOLUTION NO. R07- 02Cf 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA (THE "CITY") FINDING THAT 5 THE EXPENDITURE OF MONEY IN SUPPORT OF THE 6 PROPOSED AMENDMENT TO THE PALM BEACH COUNTY 7 CHARTER SERVES A PUBLIC PURPOSE; PROVIDING THAT 8 THE DISSEMINATION OF INFORMATION CONCERNING THE 9 IMPACTS OF THIS AMENDMENT ON THE CITIZENS OF THE 10 COUNTY AND THE CITY IS ESSENTIAL TO THE HEALTH, 11 SAFETY, PROTECTION AND WELFARE OF THE CITY AND ITS 12 CITIZENS; PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the Board of County Commissioners has proposed certain amendments to 16 the Palm Beach County Charter (the "Charter") over the years; and 17 WHEREAS, pursuant to the Charter, the citizens may also propose changes to the 18 Charter; which proposed changes must be placed on the ballot for referendum if all criteria set 19 forth in the Charter have been met; and 20 WHEREAS, such an amendment is being proposed by the citizens by means of a petition 21 drive and will be subject to approval by the voters if sufficient signatures are gathered and if it 22 meets all criteria set forth in the Charter and applicable State Law; and 23 WHEREAS, the City of Boynton Beach desires that its citizens be fully informed as to 24 the impact of this proposed amendment; and 25 WHEREAS, the City Commission believes that it is a duty of local democratic 26 government to assist its citizens in understanding issues of great importance to them by providing 27 information in order that they may make an informed choice; and 28 WHEREAS, the City Commission believes that such municipal leaders have a duty and a 29 right to offer their opinion as to which course of action they think would be best for the City and 30 its citizens, and that such use of their offices is clearly for a public purpose. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 32 CITY OF BOYNTON BEACH AS FOLLOWS: 33 Section 1: The foregoing "WHEREAS" clauses are true and correct and hereby 34 ratified and confirmed by the City Commission. Page 1 of2 S:\CA \RESO\Expenditures to serve public purpose.doc Section 2: The City Commission finds that it is necessary and in the public 2 interest of the citizens of the City of Boynton Beach and the City, and essential to the health, 3 safety, protection and welfare ofthe City of Boynton Beach and the City, for the City to expend 4 public funds and resources to utilize the time of its employees, and to utilize its various methods 5 of communication (including but not limited to television, print, and internet communication) in 6 order to educate the public concerning the proposed referendum question which is attached hereto 7 as Exhibit "A" and the impact it will have on the City and its citizens. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 3: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this :3 day of April, 2007. CITY OF BOYNTON BEACH, FLORIDA krr~~ ' y cJ1ajI - Jerryror ~~~ ~~JO Ro ,. /e~". ' Commis~i_Qner-Rp~~ldJV eiland ---.... --=- .~ ATTEST: /~ ( .~ Page 2 of2 35 S:\C.A \RESU,Expenditures to serve public purpose,doc EXHIBIT "A" ~. R~~9 PALM BEACH COUNTY CHARTER AMENDMENT PETITION FORM Under Florida law, it is a first degree misdemeanor to knowingly sign more than once a petition or petitions for a candidate, a minor political party, or an issue. Such offense is punishable as provided in s. 775.082 or s. 775.083. [Section 104.185, Florida Statutes] Name Date of Birth Please Print Name as it Appears on Voter Information Card Residential Street Address C~ Z~ I am a registered voter of Palm Beach County and hereby petition the Supervisor of Elections to place the following ballot title, summary and charter amendment on the ballot in the next election available for such purpose pursuant to Section 6.3 of the Palm Beach County Charter after final verification of the full number of signatures necessary by the Supervisor of Elections. BALLOT TITLE: Requires Both County and Municipal Voter Approval for Charter Amendments Affecting Municipal Powers or Functions BALLOT SUMMARY: Shall Article 6, Section 3 of the Palm Beach County Home Rule Charter be amended to require that a majority of Voters of Palm Beach County and a majority of Voters in each municipality voting in a referendum must approve any amendment to the Charter which transfers or limits a function, service, power or authority of any municipality in the county? FULL TEXT OF THE PROPOSED AMENDMENT: Section 6.3 Home Rule Charter Amendments ill Amendments to this Home Rule Charter may be proposed by the Board of County Commissioners by an affirmative vote of at least four (4) members, subject to approval by the voters of Palm Beach County in a referendum. The Home Rule Charter amendment may also be initiated by seven (7) percent of the number of voters qualified to vote in the last general election, and the initiated amendment shall be presented and verified in the manner and time set forth in Article V, Section 5.1. The Home Rule Charter amendment so initiated shall be placed on the ballot on the first Tuesday after the first Monday in November of any year or in connection with a presidential preference primary occurring at least thirty (30) days after verification. If approved by a majority of those who voted, the Home Rule Charter amendment shall become effective on the date specified in the amendment, or, ifnot so specified, on January I following the election. Each amendment to this Home Rule Charter shall be limited to a single and independent subject. ill Notwithstanding subsection (1), absent the approval of a maiority of the voters of Palm Beach County voting in a referendum. and the approval of a maiority of the voters of each municipality voting in a referendum. this Charter may not be amended to transfer or limit a function. service. power or authority of any municipality within the County. [Note: Language underlined is new language that is proposed to add to the charter.] - DATE OF SIGNATURE x ~~;:~,=":7~~~!/:;,:~ 1 ~=~~~~~~~' ~~:'~--r~":,-#'_ f SIGNATURE OF REGISTERED VOTER Pd. Pol. Adv. paid for by the Let Us Vote Political Committee, PO Box 3286, Palm Beach, FL 33480. April 13, 2007 Dear Fellow Mayor: I want to inform you about a petition drive to change the Palm Beach COllhtyc:harter to allow cities true home rule. I want to introduce you to our group. We are called lef'(Js Vote Political Committee and we are gathering support in the form ofl'@~olutions, raising.~9ney, and most importantly fathering petitions to support Home Rule here in Palm Beach€ounty. We are in the process of building a website. It willbewww.letusvote.info. at that site you will be able to download the petition, get answers to frequently asked questions, and contact us. You can currently contactus at: Let Us Vote Political Committee P.O. Box 3286 Palm Beach, FL 33480 If you have questions, need a copy of a sample resolution, or box of petitions shipped to you, please contact me andwe will work together to improve the Charter. Thank you. Jack McDonald Town of Palm Beach Mayor Chair of Let Us Vote Political Committee EIN is 20-8525121 Pd. Pol. Adv. paid for by the Let Us Vote Political Committee, PO Box 3286, Palm Beach, FL 33480. [~\-r"Y o~ /" c, ,'\ t... . - '\, ! "" I j:l\ IX 0\', ' Ju ^, '-. - - ,J ~~_ c/ VI.-CONSENT AGENDA ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) cg] May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM cg] Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the "CORTINA PUD REPLAT", a PUD Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). EXPLANATION: The record plat review for this modification to the original record plat commended on January 3, 2007, to which a second and fmal review was completed on April 6, 2007. A couple of minor plat preparation changes not withstanding, staff now recommends that the City Commission approve the plat as presented subject to fmal signatures by the City Engineer and Mayor. This record plat is the revised step in the process of development of the townhouse tract to be known as CORTINA a PUD previously filed in Plat Book 108, Pages 61-67, Public Records of Palm Beach County, Florida. The record plat preparer has stated that all minor changes necessary to this instrument are in compliance with those comments noted in the last review letter. PROGRAM IMP ACT: The proposed development of 458 townhomes cannot be implemented until this proposed record plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences.- after the issuance of the LDP. FISCAL IMPACT: None i / " ./ '~ji " {( ,;1 r!~;, Iz" ! ALTERNATIVES: The proposed development revisions will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. ~ If/ ' City Manager's Signature " / / . ',. ,.' >t'(.. !' .A. "'t.l'l........;..t...../ 1\-"; r('1' Department Heid's Signature " i J "~j/ ~'. t ''__ t- -'" \' Assistant to City Manager ('Jn0 Public Works / Engineering Division Department Name City Attorney / Finance S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC BOYNTON CANAL J16L ~ THI PLAT OLD BOYNTON ROAD LOCATION MAP S 20, T 45 S, R 43 E 'NOT TO SCALE G~\"'f!"2.~ . ' 13',\ .:c \? ;,./~i.J " ',7 ~,_ '1'0 \;:." VI.-CONSENT AGENDA ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon,) 0 June 19,2007 June 4, 2007 (Noon) cg] May I, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 Apri130,2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM cg] Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the reduction of a cash surety for Boynton Town Center Project from $108,109.54 by 90% to $10,810.95. A letter dated March 13, 2007 requesting the reduction is attached. EXPLANATION: This request represents the completion of the Excavation and Fill for the Boynton Town Center Project. The remaining 10% will be held until the one-year warranty period is complete. PROGRAM IMP ACT: N/A FISCAL IMPACT: 001-0000-220-99-00 ALTERNATIVES: N/A /v:" /', \ ( r / ,- _1 / \ "t.c. - ~ /. I. -/ C~7"~~~ Trt -1/04> ((/:/ Departmlrlt Hea~? s Si~ature : , , ( ~ If ,- J J! "- k City Manager's Signature - Assistant to City Manager ~ Public Works/Engineering Department Name City Attorney / Finance S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach P.O. Box 310 BoyntonBeach, Florida 33425-0310 PUBLIC WORKS DEPARTMENT FAX: (561) 742-6285 www.boynton-beach.org March 15, 2007 Richard Foreman The Sembler Company 1450 South Johnson Ferry Road Suite 100 Atlanta, GA 30319 Dear Mr Foreman, We have received your letter dated March 15, 2007 regarding the release of the surety for Boynton Town Center. As of this time we can reduce the surety from $108,109.54 by 90% to $10,810.95. Once the project is completed and it has been inspected and accepted the project goes in to a one-year warranty period<and at this time we can further reduce the surety by another 5%. Once the one-year warranty period has expired the remaining amount of the surety can be released. The release will need to be requested in writing. Thank you very much for your patience and understanding in this process. If you have any further questions please call me at 742- 6982. Sincerely, P.E. Al'ofERICA '8 GATEWA Y TO THE GULF8TREAM 1 (j( \\ r~ . DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TO: Bill Mummert hand delivered. m FILE COPY FROM: Ken Hall DATE: March 21, 2006 RE: Cash bond for excavation/fill permit 06-999 (Boynton Town Center project) Attached is the Sembler Company's check # 117409 in the amount of $108,109.54 which represents the restoration surety for the subject permit. Please review the Cash Bond agreement, and if satisfactory, please credit the funds to the appropriate account. Thanks. C: Laurinda Logan Permit file Page 1 of] Quinn, Angelena From: Logan, Laurinda Sent: Tuesday, March 20, 200712:14 PM To: Quinn, Angelena Cc: Livergood, Jeffrey; 'Richard Foreman' Subject: FW: Excavation Surety Reduction Angie, Would you please follow up on this for Mr. Foreman? Thank you! LClIAXl.V'vd. Cl Log Cl II'v seV'vl.oy 6V'vgl.V'veey c.l.ttl of "&otlll'vtwv "&wc.f1 pl.{bLl.c. WOYIzS,/6V'vgl.vceeYl.V'vg 5b1.-742-bjg'2 5101. - 742-b2g'5 LoCj Cl V'vL@c.l.. bo VI V'vtovv- bw c.~" fL,l.{s, ... '-' From: Richard Foreman [mailto:Richard.Foreman@sembler.com] Sent: Monday, March 19,20075:30 PM To: Logan, Laurinda Subject: Excavation Surety Reduction Laurinda - thank you for the letter confirming the reduction of the Excavation Surety at Boynton Town Center by 90%, from $108,109.54 down to $10,810.95. As this was a Cash Surety Bond at the tirne, is it appropriate to anticipate that the City will send a check to us in the amount of the $97,298.59? Please advise as to this process and timing. Thank you again, Laurinda RICHARD FOREMAN SENIOR DEVELOPMENT MANAGER 404.847.1800 I FAX 404.255.4187 RICHARD.FOREMAN@SEMBLER.COM 1------- --"--.- ---i , Ix1 3/21/2007 ~SEM8LER March 13, 2007 Ms. Laurinda Logan Senior Engineer 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Boynton Town Center/ Boynton Village Excavation and Fill Surety Dear Laurinda: In March of 2006, Sembler, a.k.a. 1950 Congress Avenue, LLC, issued a Cash Surety to The City of Boynton Beach in the amount of $108,109.54. This was a prerequisite to obtaining the Excavation and Fill Permit from the City. As you know, the mass grading for the entire project is complete, with the asphalt pavement on the spine road and the commercial propeny nearly complete as well. We are herby then respectfully requesting the elimination of this Surety as the requirements of the Permit have been satisfied As the elimination of the Surety must be ratified thru City Commission, we are likewise requesting that the City Engineer reduce the Surety to ten percent (10%) or a similarly appropriate amount in the near term, until such time as the matter can be heard at City Commission. If there are any questions or concerns the City has in reducing and! or eliminating this Surety, please feel free to call me anytime. Thank you for all of your consideration and assistance in this matter. Richard Forem Senior Development Manager nMM " ENGINEERING 2001 1450 SOUTH JOHNSON FERRY ROAD, SUITE 100 t ATLANTA, GA 30319-4316 I 404.847.1800 I FAX: 404.847.1818 THE SEMBLER COMPANY I SEMBLER.COM .ccr VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) ~ May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of$2,000 for the PAL Organization from Commissioner Weiland's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of$2,000 for the PAL Organization to assist in sending two teams to Kansas City, Missouri to participate in the PAL Kansas City Nationals. PROGRAM IMP ACT: Allocation of funds will assist the above programs. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Head's Signature '? 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Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) J:gJ May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM N Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of $1 ,000 for the PAL Organization and $1,000 to the Delray Boynton Academy from Commissioner McKoy's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of$I,OOO for the PAL Organization to assist in sending two teams to Kansas City, Missouri to participate in the PAL Kansas City Nationals. Commission approval is also requested for allocation of $1 ,000 to the Delray Boynton Academy to assist students to attend an International Youth Summit - "Revisiting Dr. Martin Luther King Jr. Dream" in Birmingham, Alabama. PROGRAM IMPACT: Allocation of funds will assist the above programs. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Head's Signature /" '. lll~ 4e~ ' ", / 'kJ 1/21 r " , / City Ma ager's Signature " I ts:istant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach Police Athletic League 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6190 FAX: (561) 364-4079 Email: tomeb@ci.boynton-beach.fl.us www.boynton-beach.org April 25, 2007 Vice Mayor, Jose Rodriguez City of Boynton Beach Dear Vice Mayor Rodriguez, On Friday, March 31 - April 1, 2007, three Boynton Beach Police Athletic League (PAL) teams competed in the State Basketball Tournament games played at the Disney Wide World of Sports Complex in Orlando, Florida. The three teams; 10 & under, 14 & under and 10 & under, placed first and second in the tournament. As winners the teams qualified to play in the 2007 PAL Nationals held in Kansas City, Missouri, June 25 - 30, 2007. The PAL Program emphasizes the importance of keeping kids off the streets and away from gangs; while participating in constructive and positive programs. The program continues to promote, encourage and motivate youth who are striving to make positive life choices. Because of PALS dedication to children; the program continues to produce successful high school and college athletes, professional football players, and mentors who make difference in the lives of youth. The Boynton Beach PAL Organization has committed to sending two teams to the Kansas City Nationals. This includes; (36) players, (6) coaches and (2) police officers. We have estimated the trip to cost ($26,670) which will cover the following expenses: A. Airfare $250 (44 people) totaling $11.000 B. Hotel $1,500 per night (6 nights) totaling $9,000 C. Food $15.00 per person (6 days) totaling $3.780 D. Transportation 3 vans/7days) totaling $2,100 E. Gas & Fuel (per van - 7 days) totaling $250 The PAL Organization has commitments through local donations and fundraisers to raise $10,000; and a PAL budget of $5,000. To send three teams to Kansas City Missouri, we are in need of an additional $11,670. Therefore we are in need of your support. Please help us to meet our financial goal of sending our two teams to the PAL Kansas City Nationals. Playing in the Nationals will create a lifetime of memories that will contribute to great future outcomes. Thanks in advance for your support of the PAL Program. Thanks you, Bill Tome, Boynton Beach Police Athletic League Director CC: Matt Immler, Police Chief Lt. Kelly Harris Sgt. 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'/) (OJ,::,,, Page 1 of2 McKoy, Carl From: Victor Darrell [victord362@yahoo.com] Sent: Thursday, April 26, 2007 5:59 PM To: Scott, Regenia Cc: Taylor, Jerry; McCray, Mack; Weiland, Ronald; McKoy, Carl; Rodriguez, Jose Subject: International Youth Summit 2007 Attachments: 895619115-IYS2007Commr. doc; 2835543472-IYS2007f1yer.doc International Youth Summit 2007 June 22 Ii. ~ June 24, 2007 Birmingham, Alabama Educating, Empowering and Saving our Youth Date: April 26, 2007 Dear Boynton Beach City Commission Thank you for taking the time to listen to the International Youth Summit 2007 advisors at the last City Commissioners meeting. I have recently spoken with Regina Scott of Neighborhood Services Manager concerning the trip to Birmingham Alabama. She has stated that the City commission has to dictate where the donated funds will come from. The funds are available but they need your direction and authorization. I will be addressing the City Commission on Tuesday night to ask you to provide Regina Scott with the authorization to designate funds for the International Youth Summit 2007. The International Youth Summit 2007 advisors are collaborating with others in the community to keep Dr. Kingsll,Yz dream alive. Our goal is to inspire our youth and rid our community of domestic violence, gang violence and violence in our community. Approximately 25 - 30 students ages 13 ll, YS 19 from Boynton Beach and others from around the Palm Beach County will attend. Teenagers from the United States and the Caribbean Islands are planning to attend the International Youth Summit 2007 i'i IhRevisiting Dr. Martin Luther King Jr. Dreami'i,lh. This summit will be held June 22nd - 24th in Birmingham Alabama. Each student is expected to raise $200.00 to assist with his or her expenses. We are asking you to sponsor students from the city of Boynton Beach or donate funds to the cause. If you were to sponsor 10 teenagers the total is $2000.00. This will cover their bus fees, hotel fees for 3 days and 2 nights as well as food. Please be generous, however any donation is greatly appreciated in assisting the students who intend to be future leaders. _We have a need to revisit the Dr. Martin Luther King Jr. Dream with our youth to defeat the violence with non-violence! The International Youth Summit 2007 advisors have contacted the Police 4/27/2007 Page 2 of2 Department in Boynton Beach. They were very supportive of our efforts as well. They were willing to make a donation to this worthy cause to end violence in our community but also referred us to Regina Scott. The donations are due by May 15th 2007. Please consider your donation an investment in the youth of our city and our communityYG Yzs future. With your help we can stop the violence; we can also develop leaders, not followers. We can all help make this a safer place to live. Advisors for the International Youth Summit 2007 Mr. Joe Green i;,Yl South Fl. Youth Leader Advisor-561-736-8828 Br. Victor D. Norfus i;,Yl Community Relations Board 561-601-0790 Dr. Martha Meeks Light i;,Yl (LOVE) Lets End Our Violence - 561-738-1522 Ahhh...imagining that irresistible "new car" smell? Check out new cars at Yahoo! Autos. 4/27/2007 VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) cg] May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business I:8J Public Hearing 0 RECOMMENDATION: Please place this request on the May I, 2007 City Commission Agenda under Public Hearing. The CRA Board reviewed this item on April I 0, 2007 and forwards it with their approval of the draft set of Definitions and proposed work schedule. The Planning & Development Board will review this item on April 24, 2007, and their recommendations or comments will be presented at the May I st hearing. It is being forwarded in advance of their review to allow sufficient review time by the Commission. As described in the accompanying staff report, staff recommends, and justifies the incremental delivery and review of work products (future code sections), with the ultimate adoption as a consolidated document. For further details pertaining to this request, including project status, the draft set of Definitions, and a proposed work schedule, please see attached Department Memorandum No. 07-029. EXPLANATION: The rewrite of the City's Land Development Regulations (LDRs) has been the most intense project encountered by planning staff since the comprehensive plan was rewritten in 1990, under the new growth management legislation. Staff has devoted significant time to code-related projects involving topics such as the M-l District, residential setbacks, mixed-use, workforce housing, and urban setbacks (overlay). However, additional time has been devoted solely to the comprehensive rewrite effort, as described in the attached documents. Attached hereto please find the cover report that includes a historical overview, a summary of project objectives, a description of proposed improvements to the LDRs such as the zoning use matrix, new topics or issues to be incorporated into the regulations and a general staff recommendation for subsequent direction. Also attached is the new draft set of Definitions representing the consolidation of existing terms, the addition of those terms from recent or pending amendments, and new terms to address current issues or anticipated regulations. Lastly, the attachments include the proposed work program describing the intense period within which the remaining sections are to be drafted. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: This item represents significant advancement in a major program; rewrite of the LDRs. N/A edirect staff with respect to the definitions and/or the ro osed work schedule. Develo ~,~ ~~ecto' City Attorney / Fimmoo S :\Planning\SHAREDI WP\SPECPROJ\LDR Rewrite (2005-2006)\General\Agenda Item Request Definitions and update CDR V 07 -004 - 5-1-07 .doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 07-029 TO: Chainllan and Members, Plmming and Development Board & the Community Redevelopment Agency Board FROM: Michael Rumpf Planning & Zoning Director DATE: RE: March 28, 2007 LDR Rewrite - Consolidated Definitions & Project Update INTRODUCTION The rewrite of the City's Land Development Regulations has been the most intense project encountered by planning staff since the comprehensive plan was finalized in 1990, under the new Growth Management/Local Government Comprehensive Planning Act of 1985. This prior effort involved the completion by city staff of three (3) comprehensive plan elements (chapters) and corresponding support documents as well as overseeing three different consultant teams responsible for the remaining 6 elements. For comparison, the LDR rewrite effort involves updating the City's comprehensive zoning and land development regulations that have experienced multiple, incremental updates since originating in 1961, and with the last series of updates involving only particular or limited sections of the LDR. Specific sections of the LDR's have been rewritten in conjunction with major updates to the Comprehensive Plan; however, there has not been a single comprehensive update to the City's LDR's since the 1970's when the document was likely one-quarter its current volume. The current LDR rewrite project first involved a consulting firm contracted for the project in 2002. However, City staff found it necessary to take direct control of the project late in 2004. Although the termination of the consultant caused the city to lose significant resources at one time devoted to the project (represented by an entire consultant team), the city has gained the experienced/insightful perspective, which is an advantage of having city staff complete such a project. With the recent slight decline in the number of development applications filed with the Division, staff has been able to devote somewhat more time to this effort. Accordingly, the emphasis has been placed on the completion of the new Mixed-Use District Regulations, the Work-Force Housing Ordinance (a joint effort with the CRi\) , the consolidation and update of the ultimate Definitions. the drafting of the Use Matrix and corresponding descriptions and regulations ("general" and use-specific notes), and drafting of the revised format. The Use Matrix will ultimately replace the individual use regulations that are currently codified into the individual zoning district sections, update the uses and efficiently organize them consistent with the revised format of the LDR. It will also eliminate unnecessary duplication and unfriendly displacement. Establishing the Use Matrix has facilitated the thorough analysis of uses and specifically, a review of the zoning districts where uses are permitted, thereby identifying excluded uses and potential weaknesses in the defensibility of the city's zoning regulations. PROJECT OBJECTIVES The objectives set forth at the onset of staffs management of this effort continue to be endorsed, and are summarized as follows: 1. PreservelUtilize work efforts initiated/accomplished by the consultant including work products, discoveries, pertinent recommendations, and input collected from the public, staff and elected officials during workshop sessions; 2. Maximize user-friendliness in the ultimate document with the appropriate and logical organization, interconnectivity, and writing style; 3. Maintain public involvement in the rewrite process, including input from local professionals "experts"; 4. Use a dynamic approach in the rewrite effort allowing the shifting of resources as needed to address current issues and Commission direction; and 5. Continue to deliver optimal customer service to the public and applicants during the project. Objective #1: To maintain an efficient project, staff continues to further certain recommendations promoted by the consultant, as well as much of the original input collected from workshops. This includes, in part, LDR fonnat or organization; incentives for use of mixed-use zoning districts; urban (or flexible) landscape regulations; administrative review responsibility; and the development of non-conforming lots. Staff continues to advance the idea of a more efficiently organized LDR, and is drafting a revised format to generally follow the chronological order of the land development process. As indicated by the attached, proposed Table of Contents, Staff continues to propose that the entire LDR be reformatted accordingly. The mixed-use district regulations have been amended and will be reviewed against recommendations generated from the planned downtown visioning workshop and master planning project. It should be noted that one of the original three "focus areas" of the consultant, "mixed-use districts", has been fully addressed by staff with the adoption of the new mixed-use zoning district regulations. The ultimate landscape regulations will include provisions to correspond with the new mixed-use zoning districts, as well as address other important issues such as water conservation, minimizing storm damage, maintenance and flexibility. The topic of administrative review has also been incorporated into the regulations, in connection with setback requirements and home expansions, and will continue to be considered as staff reviews those sections of the LDR involving administration and process. Lastly, the city's non-conforming lot regulations were last amended in 2001 to increase development opportunities, and are currently being explored as a potential tool to promote affordable housing. Objective #2: User-friendliness continues to be a primary objective, guiding both the format as well emphasis on simplicity and clarity. For example, the theme for reorganizing the document continues to be the order of the development process. This comprehensive rewrite will allow for the total reorganization of the document and the rectification of problems caused by over 30 years of incremental amendments and "quick fixes". Objective #3: Public involvement also maintains a high position m the priorities for the project. Despite the elapse in time, minutes from the original workshop and neighborhood meetings have been retained in order to preserve initial input and direction. Furthermore, local professionals and other similar resources will be an important part in the update process. For example, to obtain feedback applicable to the landscape code, staff held a discussion forum in November of 2005 to kick-off this segment of the project. The participants included local individuals and firms involved in landscape design and the trade. Staff also collected valuable input including compliments and criticisms on current regulations, the need for flexibility, and trends. Staff will repeat this process in preparing the update to the City's wireless communications section, and staff is currently compiling a list of invitees for this workshop. Objective #4: Staff acknowledges that a rewritten LDR is long overdue. However, during the past two years, numerous issues have surfaced leading staff to redirect its efforts and focus on further incremental minor code amendments. Examples involved non-residential uses (in residential zoning districts); commercial sign regulations; residential setbacks; urban overlay for commercial development; M-llindustrial uses and zoning; the quasi-judicial process; public art; Mixed-Use Zoning Districts; and workforce housing. Although each of these individual projects detracted from the comprehensive LDR rewrite effort, staff nevertheless, has recognized these "sidetracks" as important and is attempting to mainstream these incremental accomplishments into the current rewrite efforts as efficiently as possible. In retrospect, had the LDR been initially completed on schedule, numerous amendments would have already been processed, proving that the LDR must be viewed as a dynamic tool warranting regular evaluations and revisions to ensure its consistency with the Comprehensive Plan, City direction, and continued usefulness to the public. As for outstanding issues, staff has been reviewing as part of developing the matrix, industrial uses capable of fitting into other zoning districts and options for implementing the M-l Study recommendations pertaining to S. Congress Avenue and residential impacts. Staff hopes to adequately address the M-I study recommendations in the rewrite project, in lieu of paying additional consultant fees for outside assistance. As for new issues, such as regulating chickee huts, staff has drafted regulations for consideration, including a corresponding definition (see accompanying Definitions-Open Air Pavilion). Objective #5: The fact that all applications filed with the Planning & Zoning Division, as well as public inquiries, and matters involving research for the administration and elected officials have been addressed in a timely manner, including the expeditious processing of items of special concern, and completion of the time/fee study, is evidence that public service has not been jeopardized while advancing this proj ect. CONSOLIDATED DEFINITIONS As part of reformatting the entire LDR, staff proposes to expand the definitions section (currently Chapter 1, Article II), by consolidating all new terms and definitions with existing definitions currently codified within each of the 25 different chapters. Existing definitions have been, or will subsequently be, updated concurrently with their corresponding chapters to eliminate duplications, ensure consistency with new regulations or review processes and policies, and replace outdated terms and definitions. This section may ultimately represent its own chapter at the beginning of the LDR, and will continuously be amended as corresponding chapters and sections are updated. At this time, the majority of proposed changes represent the significant time spent preparing the use matrix. The use matrix is an update and consolidation of all the different permitted, conditional and accessory uses allowed in the city, by zoning district, and corresponding regulations or provisions. Currently, such uses are listed in each respective zoning district, with the corresponding provisions/regulations found within multiple locations of the zoning regulations. Ultimately, the corresponding notes will immediately follow the use matrix, preceded by the definitions section of the entire LDR. The proposed list also includes terms and definitions from new or pending regulations (i.e. Art in Public Places, new Mixed-Use Zoning Districts, Workforce Housing; etc.), as well as updated terms from those regulations currently being revised by staff of the Planning & Zoning and Engineering Divisions such as landscaping, wireless communications, and platting. Terms have been worded or organized to allow for alphabetical grouping, to further promote ease of identification and user-friendliness. Such groupings involve, for example, uses related to Automobile/Vehicle Sales or Service, Signs, street classifications, and property surveys. Noteworthy are new or revised terms proposed to address prior or current topics and issues, and add clarification. The following is a sample of such new or revised terms: · Accessory Unit; · Certificate of Conformity; · Group Homes; · Open Air Structures (includes chickee huts); · Organizations, Civic and Fraternal (formerly "Club"); · Merchandise, used and Merchandise, new; · Murals; and · Storage Container, temporary; Lastly, staff has begun creating and inserting graphics for further clarification using the new design software Sketch up, to emphasize appearance and design objectives and maximize user-friendliness. It should be remembered that new or revised terms involving new uses or regulations still require the adoption of corresponding regulations for full implementation. For some terms, the presence in the Definitions is only the groundwork for subsequent research and potential regulations or provisions. For example, the "Access01}' Unit" mechanism for furthering the workforce-housing program is only implemented when the regulations indicate the zoning districts where such units are allowed, as ultimately to be included in the use matrix after further research and approval by the Commission. Summary/Recommendation Other draft chapters or sections are proposed to be forwarded for Board and Commission review in accordance with the proposed Table of Contents (see attached). This document represents the proposed code format as described above, and includes a draft delivery schedule located in the right margin. Staff understands this schedule to be conceptual and flexible depending on the outcome of legal reviews, and unanticipated input from the Boards, public and Commission. Staff further recommends that the incremental, reorganized sections/chapters delivered for review be revised as necessary, and then held for comprehensive adoption. Although the reformatting of the LDR has its benefits as described herein, it makes it difficult to adopt the new chapters and sections incrementally due to one section partially replacing, yet still relying upon other sections of existing regulations. While some chapters such as Definitions and the Zoning Use Matrix may be adopted apart from the remainder of the LDR, with the adopting ordinances providing the necessary documentation, other chapters are too connected with and supported by multiple sections in current regulations to be adopted separately. Staff will coordinate closely with the City Attorney to ensure that the LDR conversion is timely, glitch-free, and at minimal cost. Finally, staff recommends that the accompanying Definitions, and draft Table of Contents be approved, thereby allowing the continued direction taken to rewrite the city's Land Development Regulations. Any changes proposed or approved by the Commission will be incorporated into the document for ultimate ordinance preparation and processing. MR Attachments S:\Plannmg\SHARED\WP\SPECPROJ\LDR Re\\Tite i2005-20(6)\Genera1\Definitions and update report for Boards - 3-20-07re\'doc LDR RE-WRITE TABLE OF CONTENTS (Draft) DESCRIPTION PLANNED DATE Article II. Definitions Group 1 Table of Contents May - June 2007 Chapter 3. Zoning Arti cl e I. Overview Section 1. Definitions of Terms Section 2. Scope Section 3. Authority Section 4. Amendments to Zoning Section 5. Official Zoning Map Article II. General Provisions Section 1. Use Section 2. Density Section 3. Yards I Open Space Group 2 Section 4. Principal Buildings Section 5. Accessory Buildings June - July 2007 Section 6. Frontage Section 7. Relationship to Adopted Plans, Guidelines, or other Regulations Section 8. Temporary Buildings Section 9. Inclusionary Zoning Arti cl e III. Zoning Districts and Overlay Zones Section 1. Residential Districts Section 2. Commercial Districts Section 3. Industrial District Section 4. Planned Districts Section 5. Mixed-Use (Suburban) District Section 6. Mixed-Use (Urban) Districts Section 7. Miscellaneous Districts Section 8. Overlay Zones and Districts April 2, 2007 1 Article IV. Use Regulations I I Section 1. Operational Performance Standards , Section 2. Hazardous / Toxic Waste and Substances Section 3. Use Matrix Group 2 (cont) Section 4. Notes and Restrictions Section 5. Permitted Uses June - July 2007 Section 6. Conditional Uses , Section 7. N on -conforming Uses Section 8. Prohibited Uses Article V. Minimum Parking Requirements Section 1. Purpose and Intent Section 2. General Rules Section 3. Required Parking Calculations, By Use , Section 4. Permanent Reservation of Spaces Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards Section 1. Purpose and Intent Section 2. Location Standards for Parking Section 3. Parking Lot Design Section 4. Driveway Openings and Access Section 5. Fire Lanes Section 6. Loading Standards Section 7. Solid Waste Removal (Dumpster Location) Group 3 Section 8. Queuing and Stacking Section 9. Community Design Plan July - August 2007 Article VII. Lighting Standards Section 1. Purpose and Intent Section 2. Interior Lighting Standards Section 3. Required Exterior Lighting Section 4. Community Design Plan Arti cl e VIII. Utility and Infrastructure Design Standards Section 1. Purpose and Intent Section 2. Utilities Section 3. Sidewalks Section 4. Streets Section 5. Alleys Section 6. Bridges & Culverts Section 7. Drainage and Storm Water / Wastewater April 2, 2007 2 Section 8. Bicycle / Pedestrian Paths Group 3 (cont) Section 9. Easements July - August 2007 Chapter 4. Site Development Standards Arti cl e I. Environmental Protection Standards Section 1. Tree Preservation and Protection Section 2. Excavation and Fill Regulations Article II. Landscape Design and Buffering Standards Section 1. General Requirements Section 2. Particular Requirements Group 4 Section 3. Community Design Plan Section 4. Enforcement August - September 2007 Article III. Site Development Standards Section 1. Purpose & Intent Section 2. Applicability Section 3. Exemptions Section 4. Administration and Interpretation Section 5. Appeals (See "Variances") Section 6. General Exterior Design Section 7. Particular Exterior Design Section 8. Community Design Plan Article V. Supplemental Regulations Section 1. Accessory Structure Section 2. Buffer walls and Fences Section 3. Flagpoles Section 4. Helicopter Pads (aka Helistops) Section 5. Mobil Storage Containers (Pods) Group 5 Section 6. Satellite Dish Antennae Section 7. Swimming Pools and Spas September - October Section 8. Sidewalk Cafes 2007 Section 9. Non-Conforming Regulations Section 10. Wireless Communication Facilities Section 11. Sale of Used Merchandise Section 12. Exterior Display of Merchandise Section 13. Exterior Storage of Merchandise Section 14. Mailboxes April 2, 2007 3 Article IV. 1 I Sign Standards Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. General Exemptions Signs Allowed Sign Program Signs Prohibited Community Design Plan Non-conforming Variances Off-premise signs Group 6 October - November 2007 Article IX. Building, Housing, and Construction Standards Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Purpose Certificate of Occupancy / Completion External Building Regulations Building Standards Flood Damage Prevention Standards Housing Standards Penalties Chapter 2. Land Development Process Arti cl e I. Overview Section 1. Section 2. Section 3. Pre-application Conference Review Process, Generally Development Orders Arti cl e II. Planning and Zoning Division Services Group 7 Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Section 14. April 2, 2007 Annexation Land Use Amendment / Rezoning Master Plan Master Site Plan (within Mixed Use Pod) Site Plan Conditional Use Use Approval (Planned Developments) Height Exception Community Design Plan Appeal Administrative Adjustments (staff only) Variance to Zoning Code Amendments to Zoning Code Waivers Abandonment and Vacation November - December 2007 4 Arti cl e III. Engineering Division Services Section 1. Platting and Subdivision Review Section 2. Land Development Permit Section 3. Construction (Engineering) Plans Section 4. Rights-of-way Permit Section 5. Excavation and Grading Permit Article IV. Building Division Services Section 1. Clearing and Grubbing Permit Section 2. Building Permit Section 3. Irrigation Permit Section 4. Paving, Grading, and Drainage Permit Article V Surety Group 7 (cont) Section 1. Purpose November - Section 2. Applicability December 2007 Section 3. Types of Surety Section 4. Required Infrastructure Improvements Article VI. Occupational License Section 1. Special Events Article VII. Fees Section 1. Application Fees Section 2. Impact fees Section 3. Other fees Section 4. Payment Procedure Section 5. Credit Section 6. Land Donation Chapter 1. Planning Arti cl e I. General Provisions Group 8 Section 1. In General Section 2. Purpose December 2007 - Section 3. Designation and Citation January 2008 Section 4. Catch Lines Section 5. Repeal Section 6. Severability Section 7. Penalties Section 8. Law Enforcement Education April 2, 2007 5 Section 9. Section 10. Ordinances not Affected by Regulation Ordinances; city laws and codification Article III. Relationship to Comprehensive Plan Section 1. Section 2. Section 3. Section 4. Section 5. Authority Purpose and Intent Adoption Preemption Future Land Use Map (FLUM) Article IV. Redevelopment Plans Section 1. Section 2. Section 3. Section 4. Federal Highway Community Corridor Redevelopment Plan Heart of Boynton Master Plans & Schematic Designs Ocean District Community Redevelopment Plan Boynton Beach Boulevard Corridor Plan Article V. Concurrency Management System Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Article VI. Section 1. Section 2. Section 3. Authority Purpose and Intent Applicability Adopted Levels of Service Service Availability Administration Concurrency Certification - Overview Adequate Public Facilities (APF) Review Concurrency relationship with Development Orders Certification of concurrency / exemption upon request Decision Making and Administrative Bodies City Commission Advisory Boards and Agencies Staff Article VII. Due Process and Quasi-Judicial Hearings Section 1. Section 2. Section 3. Overview Notice of Intent A eals of Administrative Decisions -I, Ii ,I I, I' Ii I i Group 8 (cont) December 2007 - January 2008 April 2. 2007 S:\Planning\Zoning Code Update\LDR Rewrite\Part IlI\Chapters\Table of Contents\Final\TOC Timeline_doc 6 April 3,2007 DEFINITIONS Terms in this chapter shall have the following definitions. if not previously accepted pursuant to the Unabridged Dictionary of the English Language. Supplemental definitions for specific technical terms should be defined at the reference location at which they first appear in this chapter. If a conflict exists in terms of the supplemental definitions with these definitions. the specific definition for the specific applicable condition shall apply. The '.vords, terrns....and phrases herein shall he defined as f-ollov,s unless oth0n'lise specified in this ordinance. The '{lord "shall" is mandatory, the v;ord "should" is preferred....and the word "may" is permissi';e. The singular shall include the plural and the present tense shaH include the future tense and vice ~. SectioB 2. Rules of cOBstructioB. In the construction of this Regulation, and of all ordinances, the following mles sfiall be observed, unless the conte)ct eleady indicates othen'lise: E. DEFINITIONS. 'Nhen used in this section, the follo':ling terms shall haT,e the follO\ving meanmgs. The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to thCfR, except where the context clearly indicates a different meaning: 2. Definitions. For the purpose of this ordinance, the follo'.ving definitions shall apply: Section 2. Definitions. .^...s used in this article, the follo':,ing ':lords and terms shall haT;e the meaning ascribed thereto: Terms. 'N ords or plrrases used in this artiele shall ha'/e the meaning they have in common usage and to giT;e this article its most reasonable applieation. Section 2. Definition..^... "planB:ed unit deT;elopment": .\. Is land under unified control, plar.ned and de';eloped as a v;hole in a single development operation of an approved programmod series of development operations for d\velling units and related uses and facilities; 2. Definition. A "planned commercial development": a. Is land under unified control, planned and dOT/eloped as a TlIhole in a single de';elopment operation or a progra.mmed series of development operations for commercial buildings and related uses and facilities; b. Pf{)'/ides for a commercial district of efficient and harmonious design so arranged as to create an attractive project readily integrated with and ha'ling no adverse effect on adjoining or surrounding areas and developments; c. Is developed according to comprehensive and detailed plans for streets, utilities, lots, building sites, etc., and site plans, floor plans and elevations for all buildings intended to 1 April 3, 2007 be located, constructed, used and related to one another, and detailed plans for other uses and improvements on the land related to the buildings; and d. Includes a program for full provision, maintenance, and operation of such area::, improvements, facilities and services for common use by the occupants of the planned commercial development. B. DEFINITION..\ "planned industrial development": 1. Is land under unified control, planned and do-'v'eloped as a whole in a single de'/clopment operation or an approved programmed series of development operations for industrial buildings and related uses and facilities; 2. Pro'v'ides for an industrial district of efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no ad'.'erse effect on adjoining or surrounding areas and developments; 3. Is developed according to comprekeflsiye and detailed plans for streets, utilities, lots, building sites, etc., and site plans, floor plans and elevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans for other uses and improvements on the land related to the buildiFlgs; and 4. Includes a program for full provision, maintenance, and operation of such areas, impro'/ements, facilities and services for common use by the occupants of the PID, but will not be pro'lided, operated or maintained at public expense. (1) For purposes of this subsection, the following defiFlitions shall be applicable: }...BA..~DONED SICN Sign \vhich no longer identifies or ad','ertises a bona fide acti'.'ity, \vkere the activity has been abandoned or docs not possess a current occupationa11icense. ABUTTING PROPERTY - The condition of two (2) adjoining properties having a common property line or boundary, including cases where two (2) or more lots adjoin only on a comer or comers. See "Contiguous Lands." ACCESS - The principal or secondary means of ingress and egress to a lot from a dedicated publicly or privately dedicated right-of-way. ACCESS W A TERW A YS - A waterway which is developed or constructed for the purpose of providing access by water to lots within a subdivision. ACCESS WAY - A non-dedicated area, which is permitted for ingress or egress of vehicles or pedestrians. ACCESS. LEGAL - A dedicated and recorded right-of-way, or easement, excluding utility or drainage easements, affording perpetual ingress and egress from a subject property to a public thoroughfare. 2 April 3, 2007 ACCESSORY APARTMENT - Acccssery apartmcnt. A habitable living unit added to or created within a single-family dwelling or its accessory structure, that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor area of the single-family dwelling, and shall in no case be more than seven hundred fifty (750) square feet. Specific design and parking requirements may apply. ACCESSORY BUILDING OR STRUCTURE - A detached, subordinate building, the use of which is clearly incidental and related to that of the principal building or use of the land, and which is located on the same lot as that of the principal building or use. Additional design recommendations and / or standards may be applied to the accessory building: or structure. ACCESSORY USE - See "USE. ACCESSORY". ....1CCESSORY USE Accessery use .Ai. use incidental to, subordinate to, and subservient to the main use of the property. .Ai.S defined in this seetion, an acecssery blse is a seoondary use. ACRE - Land or water consisting: of forty-three thousand five hundred sixty (43,560) square feet. ADDITION - Additien An expansion, extension, or increase in the usable space within a building: or facility. ADEQUATE PUBLIC FACILITIES - Public facilities available to serve a development project so as to meet the levels of service and the conditions set forth in the concurrency regulations. Chapter 1.5. ADEQUATE SCREENING - To conceal from public view.. materials on private property.. with a physical screen structure made of one or more of the following:: dense landscape material. metal, wood,,-or masonry. Said structure shall meet the requirements of the Standard Building Code. ADULT ENTERTAINMENT EST.A1BLISHMENT - An establishment that commercial enterprise wffieh predominately limits admission to "adults only" owing to the sexual nature of its merchandise or entertainment. Such establishments may include, but not be limited to, adult bookstores, adult theatres, adult lounges, adult health studios, adult motels, adult ef hotels, or the like with nude, bottomless,,-or topless entertainment or employees. .-\DVERTISINC STRUCTURE (SICNS) .Ai. sign struotl:lre erected or intended for ad,.'ertising purposes, ':/ith or without advertisement display thereon, simated upon or attached to real property. AFFECTED PARTIES - Includes persons owning property or persons owning or operating a business within the boundaries of the City of Bovnton Beach whose development application or application for a permit or license is pending:. AFFORDABILITY CONTROLS - Restrictions placed on Workforce Housing Units by which the price of such units and/or the income of the purchaser or lessee will be restricted in order to ensure that the units remain affordable to low and moderate income households. 3 April 3, 2007 AFFORDABILITY TERM - The time a workforce housing unit is required to remam affordable to income qualified buyers or renters. AISLE - The hard-surfaced lanes in a parking lot which connect the parking stalls with a publi, or private street, alley or interior driveway. ALLEY - A right-of-way providing a secondary means of access and service to abutting property. "^~ right of way affording secondary access to property. It is not intended or used for general traffic circulation. A.L TER:..... TION Altcr-etion An',' chan~e or modification in construction. ALTERATION. ENVIRONMENTALY SENSITIVE LANDS - A. Alteration: Any activity which results in the modification, variation or transformation of environmentally sensitive lands, including but not limited to placement of vehicles, structures, debris, or any other material objects thereon, introduction or injection of water or other substance, and removal, displacement or disturbance of plant or animal species, soil, rock, minerals or water. AL TERA TIONS, BUILDING - Any change in the structure which will increase the number of useable units, the floor area or height of the structure. AMU8KMENT "\RC"\DE }~ commercial establishment containing four (1) or more video gaming, pinball, or similar player operated amusement de'.'ices, in any combination. ANCILLARY BUILDING OR STRUCTURE - See "ACCESSORY BUILDING or STRUCTURE". A buildin~ or structure incidental to, sabordinate to and subservient to the principal buildin!! or structure located on the premises. ANCILLARY USE - See "USE, ACCESSORY" "\ use incidental to, subordinate to and subservient to the principal use of the premises. AND / OR - "And" may be read "or" and "or" may be read "and" if the sense requires it. j\....~Il\{"A...TED OR FLUTTERINC 8ICN "\ sign v/hich uses de'lices to generate movement by either mechanical, electrical or natural methods. ANTENNA l~ntenna - Any apparatus designed for the transmitting and / or receiving of electromagnetic waves, including but not limited to telephonic, radio or television communications. Types of elements include, but are not limited to omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. A transmittin~ and/or receivin~ deviee and/or rela','s used f-or personal wireless services that radiates or captures electroma~etic waves, includine direetional antennas, sueh as panel and microwa'.'c dish antennas, and omni direetional antennas, sueh as whips, excludine radar antennas, amateur radio antennas and satellite earth stations. ANTENNA ARRAY - A single or group of antenna elements and associated mounting hardware transmission lines, or other appurtenances which share a common attachment device. such as <.. 4 April 3, 2007 mounting frame or mounting suPport structure, for the sole purpose of transmitting or receiving electromagnetic waves. ANTENNA ELEMENT - Any antenna or antenna array. ANTENNA SUPPORT STRUCTURE - A vertical proiection composed of metal or other material with or without a foundation that is designed for the express purpose of accommodating antennas at a desired height. Antenna support structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point ofthe building by more than twenty (20) feet. Tvpes of support structures include the following: GUYED- A style of antenna support structure consisting of a single truss assembly composed of sections with incorporated bracing. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building. LA TTICE- A tapered style of antenna support structure that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed strips or bars.. MONOPOLE- A style of freestanding antenna support structure consisting of a single shaft usually composed of two or more hollow sections without guy wires and the like or in the ground or on a building's roof. ANTENNA. COMBINED - An antenna or an antenna array designed and utilized to provide services for more than one (1 ) wireless provider for the same or similar type of services. ANTIQUE STORE or AUCTION HOUSE - See "MERCHANDISE, USED" The use of a buildin.g for the retail sale or auction of objeets of '/a1ue such as quality antiques, art objeets, jewelry and the like, but not used merchandise generally. No ol:ltside storage or display shall be permitted in conneotion with such uses. APARTMENT - See "DWELLING, MULTI-FAMILY" A room or as\:1ite of rooms ocoopied, or which is in.tended or designed to be occupied, as the home or residen.oe of one (1) individual, family or household, for housekeeping plH"poscs. APARTMENT, EFFICIENCY - A dwelling residential unit consisting of one (1) room, other than a bathroom, and providing cooking facilities. .A...PPLIC.A...NT See "Dey/eloper." APPLICANT - Generally, an "applicant" is a property owner or person( s) or entity acting as an agent on behalf of the property owner, in a formal application for a development proposal. permit, or approval. For the purposes of determining Parks & Recreation impact fees, the term "applicant" is the person or entity applying, or required by the city code to apply for a building permit for the construction of three (3) or more dwelling units, or for the construction of one or more dwelling units within a development of three or more units. Applicant is synonymous with owner. 5 April 3, 2007 APPROVED A1313rO';cd means a:pproved by the development director or other authority havin~ jurisdiction. ARCADE. AMUSEMENT - See "ENTERTAINMENT. INDOOR" ARCADE. PEDESTRIAN - A passage or walkway covered over bv a succession of arches or vaults connecting two buildings or supported by stand-alone columns on one or both sides. It also more commonly describes a roof-like structure open to the weather on one (1 ) or more sides. constructed of rigid materials. which are cantilevered from the exterior building wall to provide a covered walkway for the public along small shops. vendors and / or offices. /.. permanent, roof like structure open to the 'Neather on one (1) or more sides, constructed of rigid materials, v/hich is ca:ntilevered from the building wall, a:ttached to and supported by the exterior building wall or supported by freesta:nding columns or pillars. AREA OF SHALLOW FLOODING - See "FLOOD. AREA OF SHALLOW FLOODING". AREA OF SPECIAL FLOOD HAZARD - See "FLOOD. SPECIAL HAZARD AREA". ART. ARTWORK OR WORKS OF ART - Tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any medium. material. or combination thereof. including. but not limited to. paintings. sculptures. engravings. carvings. frescos. stained glass. mosaics. mobiles. tapestries. murals. photographs. video proiections. digital images. bas-relief. high relief. fountains. kinetics. collages. drawin12s. monuments erected to commemorate a person or an event. functional furnishin12s. such as artist designed seating and pavers. unique or original architectural elements. and artist desi12ned landforms or landscape elements. The following shall not be considered artwork or works of art for purposes of this chapter: (1) reproductions or unlimited copies of original artwork. (2) art obiects. which are mass-produced. and (3) works that are decorative. ornamental. or functional elements of the architecture or landscape design. except when commissioned from an artist or designed as an integral aspect of a structure or site. ART. BOOK. CRAFT. HOBBY. MUSIC. SPORTING GOOD. & TOY STORE - Establishments that retail and provide expertise on the use of sporting equipment (such as ~ bicycle or dive shops) or other specific leisure activities. such as needlework and musical instruments but excluding the sale of ammunition or firearms as a principal use. Sporting goods 6 April 3, 2007 stores may retail ammunition and I or firearms as an accessory use. Craft stores are primarily engaged in retailing new sewing supplies. fabrics. patterns. yams. and other needlework accessories or retailing these products in combination with selling new sewing machines. This use also includes establishments that are primarily engaged in displaying works of art for retail sale in art galleries. ARTERIAL RO,\D OR STREET L^~ route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States n1:Hllbered highway is an arterial road, and every street sho',vn or described as arterial according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensi':e Plan, as adopted and amended, is an arterial. ARTIST OR PROFESSIONAL ARTIST - A practitioner in the visual arts. generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to. income realized through the sole commission of artwork. frequent or consistent art exhibitions. placement of artwork in public institutions or museums. receipt of honors and awards. and training in the arts. ARTS COMMISSION means the - The advisory board established by the City Commission pursuant to Ordinance 01-64. LA...THLETIC COMPETITIONS L'\ny amateur and professional cheerleading, dance and gymnastics event, or any amateur or professional event, whieh iw:olves physical eontaet behveen the partieipants, provided the event is a sporting e':ent recognized as an Olympic sport by the United States Olympic Committee. AUTO I CAR WASH (POLISHING. WAXING. DETAILING) - Establishments providing for the cleaning of private automobiles. recreational vehicles (personal watercraft). or other light duty equipment through manual detailing and I or mechanical resources. AUTO I CAR WASH (SELF-SERVE BAY)- An establishment where washing. drying, polishing, or vacuuming of a passenger automobile or marine vessel is performed by the driver or the occupant. This use is not intended to serve a commercial or industrial fleet. AUTO DEALER. NEW - An establishment primarily engaged in retailing new automobiles, motorcycles, and light trucks: such as sport utility vehicles, passenger. and cargo vans. AUTO DEALER. USED - An establishment primarily engaged in retailing used automobiles. motorcycles, and light trucks: such as sport utility vehicles. passenger. and cargo vans. AUTO PARTS S}...LES (RETAIL) Sale of auto parts from a commercial establishment for installation and use off premises. AUTOMOBILE - An automobile~ efmotorcycle, or the like as defined by the rules ofthe Florida Department of Highway Safety and Motor Vehicles. 7 April 3. 2007 AUTOMOBILE RENTAL - An establishment Establishments primarily engaged in renting passenger new erekl automobiles, which includes light trucks, sport utility vehicles, motorcvcles. and passenger vans '.vithout drivers on a short term basis. This term excludes thos!' establishments engaged in passenger car retail auto dealing and leasing (long-term basis) and tax. and limousine services (short-term basis). AUTOMOTIVE. MAJOR REPAIR - An establishment primarily engaged in minor automotive repair services as well as complete engine overhaul and / or replacement of internal parts of engines. Also included is the repair of any portion of the drive mechanism. body and fender work. upholstering, painting and customizing. AUTOMOTIVE. MINOR REPAIR - Automoth:e Repairs (J.lin81J An establishment primarily engaged in minor automotive repair services such as oil change, lubrication, engine tune-up, carburetor repairs, tire mounting and balancing, and the replacement and / or repair of external parts of engines. Providing replacement or repairs to automotive tires, batteries. accessories. Includes lubrication, oil chan~es, repairs to air conditioning, non engine and exhaust related service and repairs, but not including endue o'lerhaul and/or replaeement of internal parts of engines, body and fender v/ork, painting and customizing. AUTOMOTIVE PARTS STORE - An establishment primarily engaged in the retail sales of new auto parts and accessories. Sale of auto parts from a commercial establishment for installation and use off-premises. l\UTOMOTIVE SERVICE ST"A..TION The use ofa building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels. AUTOMOTIVE WINDOW TINTING / STEREO INSTALLATION / ALARMS - An establishment primarily engaged in tinting automotive vehicles, such as passenger cars. trucks. and vans. They may also include establishments that are primarily engaged in retailing and installing automotive accessories. such as stereos and alarm systems. AWNING - A structure made of cloth or metal with a metal frame attached to a building, when the same is so erected as to permit its being raised to a position flat against the building when not III use. 8 April 3, 2007 BAKERY. COMMERCIAL - An establishment primarily engaged in the manufacturing of bread and other bakery products. BALLOON - A container made of non-rigid material filled with air or gas and designed to be tethered. BANK AND FINANCIAL OFFICE- A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities. BANNER - A sign having the characters, letters, illustrations or ornamentations applied to cloth, paper, film or fabric of any kind, with only such materials for a backing. BAR AND NIGHTCLUB - Any licensed premises that is devoted predominately or totally, to the serving of alcoholic and I or intoxicating beverages or any combination thereof. for consumption at the licensed establishment. Leisurely dancing may occur or patrons may be entertained by live or recorded performers who dance, sing, play instruments, or perform other acts of entertainment (excluding adult entertainment). The service of food may be incidental to the service of the aforementioned beverages, activities, and entertainment. These establishments are known as but are not limited to the following: bars, cigar bars, cabarets, cocktail lounges, comedy clubs, dance clubs, discotheques, night clubs, piano bars, pubs, and saloons. BAR OR COCKTAIL LOUNCE :\n establishment devoted primarily to the serving of beer, viine, or liquor, or any combination thereof, for on site consumption. The service of food shall be incidental to the service of alcoholic beverages. BASE FLOOD - See "FLOOD, BASE". BASE STATION (GROUND EQUIPMENT)- The electronic equipment utilized by the wireless providers for the transmission and reception of radio signals. BED AND BREAKFAST - A private owner occupied residence having more than three (3) and less than ten (10) guest units, which are subordinate and incidental to the main residential use of the building, in conformance with the prescribed regulations as outlined in the Land Development Regulations. BEER. WINE. & LIQUOR STORE - An establishment primarily engaged in retailing packaged alcoholic beverages, such as ale. beer, wine, and liquor. They are limited to off-site consumption. Package liquor store is an establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises. BENCHMARK - A relatively permanent material obiect natural or artificial. bearing a marked point whose elevation above or below an adopted datum plane is known. BETTERMENT PLAN OR AL TERNA TIVE COMPLIANCE- A proper landscape plan that demonstrates that an improvement or betterment of the environment can be accomplished over the existing site conditions if such landscape plan is carried out to its fullest. Such a plan is submitted and reviewed to meet or exceed the intent of the City's landscape regulations. 9 April 3, 2007 BEVERAGE MFG - An establishment primarily engaged in one or more of the following: (]) manufacturing soft drinks, tea, and coffee: (2) manufacturing ice: and (3) purifying and bottlim' water. Distilling and / or brewing is prohibited. BICY CLE PATH - Any road, path or way that is open to bicycle travel, which road, path or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way. BILLBOARD - Signs or framework installed for the purpose of advertising or communicating either commercial or noncommercial messages that refer to something other than the name. primary character....and/or purpose of the establishment or business on the premises where the sign is located. BILLP"RD H}1LL .\ commercial establishment containing more than two (2) pool or billiard tables for the use of patrons. BLOCK - Includes Tier or Group and means a group of lots existing within well-defined and fixed boundaries. usually being an area surrounded by streets, parks or other physical barriers and public space, having an assigned number, letter, or other name through which it may be identified. .^... parcel ofland surrounded by streets, v;aterways, railroad rights of '.vay, parks or other public spaee-:- BOARD - "Board": Board means any board appointed by the City. such as the Planning and Development Board. Board shall mean the planning and development board of the City 0 Boynton Beach. BO.\RDINC .\ND ROOMINC HOUSE l... building other than hotel or motel providing lodging and where meals arc or are not served for compensation. BOAT DEALER / RENTAL - An establishment primarily engaged in (l) retailing new and / or used boats, (2) retailing new boats and selling replacement parts and accessories. (3), renting boats, or (4) a yacht brokerage business, including the display and temporary storage of boats on- site (customarily incidental to the principal use). A yacht broker that exclusively displays / stores boats off-site would be considered an office use. A boat dealer / rental excludes the repair or service of vessels on the premises BOAT REPAIR - A facility where boats are repaired. serviced. customized. or detailed. BOA TEL Yachtel. BOL T THROW - Bolt thrmr is the The distance from the lock front surface to the farthest proiected point on the bolt or latch at the center line when subiected to end pressure. BO'VLINC .A1LLEY A commercial establishment that devotes more than fifty percent (50%) of its gross floor area to bm:vling lanes, equipment and ancillal)' public areas. 10 April 3, 2007 BOYNTON BEACH HOUSING TRUST - A trust created as a depository for in-lieu of payments. donated land. or housing units for the purpose of providing Workforce Housing Units. BREAKPOINT TECHNOLOGY - The engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole. the failure will occur at the breakpoint rather than at the base plate. anchor bolts. or any other point on the monopole. BREAKA WAY WALL - BrcakaWfl",: wall a A wall that is not part of the structural support of the building and is intended to collapse without causing damage to the elevated portion of the building or the foundation system. BRIDGE - A structure, including supports, erected over a depression or an obstruction, such as water or a highway or railway, and having a track or passage-way for carrying traffic as defined in the Florida State Statues chapter 316 or other moving loads. BUFFER WALL - A stuccoed and painted masonry wall or an engineered pre-cast concrete wall used to physically separate or screen a residential one use or property from a non-residential property another so as to visually shield or block noise, lights~ or other nuisances. Finish on both sides of wall must be approved by the Director of Planning and Zoning. BUILDABLE AREA - Buildable Mea: "Buildable area" shall be defined to mean that That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected. BUILDING - All construction built for the support, enclosure, shelter or protection of chattels, persons, animals or the like. The word "building" shall include the '.vord "structui"e" and anything constructed or erected '.vhich requires permanent location on the ground or anything attached to such a building or structl.Ke. /\ building or structui"e shall include, but not be limited to, all construction specified in Chapter 2 of the City's Land Development Regulations. BUILDINC means any structrnc that encloses space and is used or built for the shelter or enclosure of persons, businesses, chattel or property. 11 April 3,2007 BUILDINC AREA The portion of a lot remaining aftcr the required setback:; have becl-l provided, Buildings may be placed in any part of the building area, but limitations on the percentage of the lot which may be covered by buildings may require open space within the building area. BUILDING FACADE - That portion of the exterior elevations of a building extending fi'om grade to the top of the parapet wall or eaves and the entire width of the building elevations. fj Flat Roof Parapet Roof ~lansard Roof Gabie/hip roof BUILDING FRONT AGE - The main entrance side of a building or bay. BUILDING OFFICIAL - The official (or authorized representative) responsible for the interpretation and administration of the City's Building Code. The official in charge of the Building Division or his authorized representative. BUILDING SETBACK LINE - A line delineating the minimum required allovlable distance between the each property line and the building. Property Line ~-" Front Setback Line --0, Rear Setback Line Side Setback Line 12 April 3, 2007 BUILDING SITE - A portion or parcel ofland considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same. BUILDING / STRUCTURE HEIGHT - The vertical distance in feet measured from the lowest point at the property line of an adjacent property or from the minimum base flood elevation as established by FEMA, whichever is highest, to the highest point of the roof for flat roofs, to the deck line for parapet roofs with parapets less than five (5) feet in height. Gable, mansard, and hip roof heights shall be measured to the midpoint between the eaves and the ridge. Rooftop penthouses, stairwells mechanical and electrical equipment shall be concealed by or constructed of exterior architectural materials or features of the same type or quality used on the exterior walls of the main building and may only exceed the maximum building height pursuant to the provisions of Chapter 2, Section 1.F. of the Land Development Regulations, City of Boynton Beach Florida. Walls or retaining walls shall also be measured from the lowest adjacent property line to the to of the structure excluding column caps column capitals and other similar architectural items. To roof high point "\ \ To deckline when -\ parapet less than 5' \ \ \ .- \ .. Rat Roof Parapet Roof Mansard Roof Gable/hip roof BUILDING, PRINCIPAL - A building wherein which is conducted the main or principal use of the lot on which said building is conducted situated. BULK STOR}'..CE, SALE, OR DISTRIBUTION The receiving, transfer or storage of unpackaged goods or materials at a premises, or the subsequem sale or transfer of such goods or materials from the premises in a packaged or unpackaged form. .A.,-lso, the storage, receiving or transfer of goods, commodities or materials in units \-vhich are larger than the units '.'(hich are typically distributed or sold from the premises. V,There bulk storage is not permitted, all goods, commodities or materials shall be pre packaged 'Nhen recei'/ed at the premises and shall be stored, sold and distributed in the same form, quantity cmd units as ','(hen received at the premises. BURCL}'..R RESIST"A,u~T M:\TERIAL Bur!!!ar resistant 19UJtcrial means framed glass or glass like materials that can withstand the impact of a fi';e ponnd steel ball dropped from a height of forty (10) feet and fi'/e (5) impacts from a height of ten (10) f-eet concentrated within a fi';e inch diameter area of the surface '.01.'ithout release from frame. Tested in accordance with UL 72 W-n. 13 April 3, 2007 BUS BENCH SIGN A bench or seat with graphics, symbols and/or COP)' affixed against any surface. BUS SHEL TER SIGN Graphics, symbols and/or copy affixed to any slH"face ofa public trans. shelter. BUSINESS OFFICE /...ny commercial activity primarily conducted in an office, not involving the sale of goods or commodities available in an office and not dispensing personal services, and including such businesses as real estate brokers, inslH"ance offices, accountants, credit reporting agencies, telephone answering services or any similar uses. BUSINESS OR PROFFESIONAL OFFICE - An establishment that conducts administrative and / or professional functions that serve internal operations and / or customers or clients, involving accounting. consulting. design. legaL research. scientific. technical, or other similar professional or administrative functions. BUSINESS TAX OCCUP.'\TION:\L LICENSE - A tax levied for the privilege license to operate a business, profession, occupation or other operation within the city limits, which is issued in accordance with Chapter 13 of the City's of Boynton Beach Code of Ordinances. CALIPER - A point on a tree used as part of the accepted method of measurement of the thickness of a tree trunk. as defined in the Florida Grades and Standards Manual. The measurement is taken at 6 inches from the ground. unless trunk diameter measured six (6) inches from the ground is greater than 4 inches. in which case the measurement is taken at twelve (12' inches from the ground. CANOPY - A structure, other than an awning, made of cloth or metal with metal frames attached to a building, and carried by a frame supported by the ground, or sidewalk or building. CAPIT AL IMPROVEMENTS ELEMENT ()R {CIEl.- The capital improvements element of the comprehensive plan of the City €#y. CARPET AND UPHOLSTERY CLEANING - An etablishment primarilv emraged in cleaninf2, and / or dyeing used rugs, carpets. and upholstery 14 April 3, 2007 CARPORT - A roofed area open on one (1), two (2) or three (3) sides and attached to the main building, for the storage of one (1) or more vehicles. CAR - See "AUTOMOBILE". CAR RENTAL - See "AUTOMOBILE RENTAL". CAR WASH - See "AUTO / CAR WASH". Cl\R "'}...SII (}1UTOl\{}J..TIC OR SELF SERVICE) .^,. building or area which provides facilities for 't'vashing and cleaning motor '(chicles, which may use production line methods with a conveyor, blower or other mechanical devices, and which may employ some hand labor. CATERER - An establishment primarily engaged in providing single event-based food services. These establishments generally have equipment and vehicles used to prepare and transport meals and/or snacks to events and/or prepare food at an off-premise site. Banquet halls with catering staff are included in this industry. Unless specifically provided for within these regulations, on site consumption and/or take-out service is not a permitted accessory use. CEMETERY - An establishment that is primarily engaged in operating site(s) or structure(s) reserved for the interment of human or animal remains. CENTERLINE - A line midway between the right-of-way lines or the surveyed and prescribed centerline established by the city engineer, which mayor may not be the line midway between the existing or proposed right-of-way lines. CERTIFICATE OF CONFORMANCE - Certification issued by the Development Director or designee that a parcel, building, and/or site improvements made non-conforming due to actions of a governmental entity, shall be deemed to conform upon the issuance of a Certificate of Conformity as outlined in the Land Development Regulations. CERTIFICATE OF OCCUPANCY - A statement signed by the city development director setting forth that a building or structure legally complies with the City of Boynton Beach Building and Zoning Codes and that the same may be used for the purposes stated therein. 15 April 3, 2007 CERTIFICATION OF CONCURRENCY - Shall constitute proof Proof that public facilities are or will be available, consistent with the adopted levels of service and the conditions set fortl'> in the Land Development Regulations Chapter 1.5, and shall specify the public facilities whicL are to be constructed, timing of construction and responsibility for construction. Certification of concurrency shall reserve capacity in the public facilities which are available, until the certification of concurrency expires. CERTIFIED DOCUMENTS - Drawings, estimates, warranties, etc. certified signed and sealed by a Florida registered architect, engineer and/or land surveyor guaranteeing that the documents are true, accurate and in compliance with all applicable laws, rules and regulations. CH.f...NCKA...BLE COPY 8ICN l~ sign of permanent character, but '.'/ith removable letters, words or numerals, indieating the names or persons associated vdth, or events conducted upon, the premises upon which a sign is erected. This sign may be erected as a part of a freestanding 5tgH-: CHECK CASHING - A person or business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This use does not include a state or federallv chartered banl<. savings association, credit union, or industrial loan company. CHICKEE HUT - See "OPEN-AIR PA VILLI ON". CHILD - An unmarried person under the age of eighteen (18) years. CHILD C.A..RE F.A...CILITY Child C(Jrc fecilit). ,\n establishment that provides care, protection and supervision for children on a regular basis a'Nay from their primary residencc for less than twenty four (21) hours per day. The term does not include facilities operated in conjunction with an employment use or other principal activity, where children are cared for '.';hile parents or custodians are occupied on the premises or in the immediate vicinity. CHURCH - Also known as a place of worship, is a building or group of buildings wherein persons regularly assemble for religious worship and related activities. Day care centers, primary and secondary schools, seminaries, and colleges and universities shall not be construed to be an accessory use to a church. CITY - The City of Boynton Beach, a municipality established in the Countv of Palm Beach, State of Florida to be a political corporation under the name of City ofBovnton Beach pursuant to the laws of Florida. The City of Boynton Beach, Florida. CITY COMMISSION - City CO'btncil/ Commission. Whenever the words "City Commission" are used, they shall be construed to mean the City Commission of the City of Boynton Beach. CITY ENGINEER - A Florida licensed professional engineer in charge of the City ofBovnton Beach, Department of Public Works/Engineering Division, and who acts as the administrative officer for the purposes of implementing the City's platting requirements. ,^~ Florida registerec. engineer in charge of the Boynton Beach Engineering Division. 16 April 3, 2007 CITY INPSECTOR - The person( s) designated by a city administrator to inspect improvements, a business, or property for compliance with the City's regulations. City inspector: The city forester or an'! person designated by tbe city manager to enforce the City's Code or Ordinances provisions of this article. CITY STANDARDS - Standards adopted by resolution by the City of Boynton Beach. CITY STREET SYSTEM - The City eity street system of each municipality consists consisting of all local roads \vithin that mlHlicipality, and all collector roads inside the City of Boynton Beach that mumeipality, which are not in the State of Florida or Palm Beach County county road system. CITY SURVEYOR AND MAPPER - A Florida licensed professional surveyor and mapper, under contract or employment with the City of Bovnton Beach, Florida in accordance with ~. 177.081 (1) Fla. Stat.. as amended from time to time. CLINIC .'\n establishment v/here patients, ':mo are not lodged o'/ernight e>rcept for observation or emergency treatment, are admitted for examination and treatment by one (1) person or group of persons practicing any form of healing or health building services to indi'/iduals, v/hether such persons be medical doctors, ehiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, veterinarians or any such profession, the practice of which is la',vful in the State of Florida. CLOTHING & ACCESSORIES - An establishment primarily engaged in retailing new clothing and clothing accessories merchandise from fixed point-of-sale locations. CL UO Buildings and facilities owned and operated by a corporation or association of persons for social or recreational purposes but not operated primMily for a profit or to render a service \-vhich is customarily carried on as a business. COAST AL HIGH HAZARD AREA - See "FLOOD. COASTAL HIGH HAZARD AREA" CODE 1958 - Ced-c 1958. Any reference herein to "Code 1958" shall be construed to mean the "Code of Ordinances, City of Boynton Beach, Florida," adopted October 20, 1958, by Ordinance Number 315, as from time to time amended and supplemented. Coffee hB'blSC. .^..n informal cafe or restaurant primarily offering coffee, tea, and other non alcoholic be'.'erages, and 'Nhere light refreshments and limited menu meals may also be sold. COIN-OPERATED LAUNDRY - An establishment primarily engaged in operating facilities with coin-operated or similar self-service laundry / dry cleaning equipment for customer use on the premises, contingent upon the floor area of such use is entirely enclosed. COLLECTOR ROl\D OR STREET - See "STREET, COLLECTOR". - A route providing service which is of relatively moderate a'.'erage traffic volume, moderately average trip length and moderately average operating speed. Such a route also collects and distributes traffic bet\veen local roads or arterial roads and serves as a linkage between land access and mobility needs. /\. 17 April 3, 2007 street shovm or described as a collector according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended, is a collector street. COLLEGE, UNIVERSITY, SEMINARY - An establishment primarilv engaged in furnishing academic courses and granting degrees at associate, baccalaureate or graduate levels. The requirement for admission is at least a high school diploma or equivalent. COLOCA TION - The practice of installing and operating multiple wireless carriers. service providers. and/or radio common carrier licensees on the same antenna support structure or attached wireless communication facility using different and separate antenna, feed lines and radio frequency generating equipment. COl\fBUSTlBLE SICN L^~ny sign or sign structure which '.viII ignite or support flames and which has a low flame point. Prime examples of combustible signs would bc '.vood, non D.L. approved plastics, cloths, etc. COMMERCIAL TRUCK - A truck defined as such by the rules of the Florida Department of Highway Safety and Motor Vehicles. COMMERCIAL ZONING DISTRICT - All C- I, C-2, C-3, C-4. CBD, and PCD zoning districts. COl\fMISSION The City Commission of the City of Boynton Beach, Florida. COMMUNITY FACILITIES - A governmental use established primarily for the benefit and service for the population of the community in which it is located. COMPLETEL Y ENCLOSED - A building separated on all sides from the adjacent open area, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows or entrances or exit doors normally provided, and open for the accommodation of persons, goods,- or vehicles. COMPREHENSIVE PLAN - The Comprehensive Plan of the City of Boynton Beach as adopted and amended and required by the Florida Statutes F.S. 163. COMPUT A TION OF TIME- Computation aftime. In computing any period of time prescribed or allowed by this Code or Regulations, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end ofthe next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. CONCEALED WIRELESS COMMUNICTION FACILITY - See "WIRELESS COMMUNICA TION FACILITY". 18 April 3, 2007 CONCEPTUAL FEEDBACK - General reaction to a thought or idea with the clear understanding that further development of the thought or idea will be considered only when it is in conformance with all codes, ordinances, rules and regulations. Conceptual feedback neither provides nor implies either present or future waivers, variances, exceptions or exemptions from any codes, ordinances, rules and/or regulations. CONCURRENCY - The requirement that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. CONCURRENCY EXEMPTION DETERMINATION - A written certification by the planning director that a development order or permit is exempt with respect to meeting the concurrency requirements for a particular public facility. CONDITIONAL CERTIFICATION OF CONCURRENCY - Shall mean that there is The reasonable likelihood that the necessary public facilities would be provided by the developer, a governmental agency, or by other developers, but that the conditions set forth herein cannot be met. The conditional certification of concurrency shall specify the public facilities which are to be constructed, timing of construction and responsibility for construction. A conditional certification of concurrency shall reserve capacity in the public facilities which specified as such, until the conditional certification of concurrency expires. CONDITIONAL USE - See "USE. CONDITIONAL". CONDOMINIUM - See "PROPERTY OWNERS ASSOCIATION". CONSIGNMENT SHOP - See "MERCHANDISE. USED". CONSTRUCTION PLANS - Certified documents from which a complete review and analysis can be made of all required improvements without research and/or additional data. CONTIGUOUS LANDS - Lands that abut each other or are separated only by streets, ways, easements, pipelines, powerlines, conduits or rights-of-way under ownership of the petitioner, a governmental agency, a subdivision or a public or private utility. Also see the Florida Statues in connection with annexation. CONTRACTOR - A contractor undertakes trades of a type that are specialized to assist in building construction and remodeling. This definition includes but is not limited to heating, air conditioning, plumbing, roofing, paving, underground. and landscaping. CONVALESCENT HOME - See "GROUP HOME". CONVENIENCE STORE_- COlr:cnic1'lcc starc An establishment known as a convenience store or a food mart (except those with fuel pumps) is primarily engaged in retailing a limited line of goods that generally includes milk, bread, soda, and snacks. The term "convenience store" does not include a store which is solely or primarily a restaurant. .A small store near a residential area that stocks food and ceneral coods and is open all or most of the day and ni~ht. 19 April 3, 2007 CONVENTIONAL ZONING DISTRICT - All zoning districts which are not planned zoning districts. CONVERTED PAPER PRODUCT PROCESSING - An establishment primarily engaged in converting paper or paperboard without manufacturing paper or paperboard. This use is limited to cutting, stamping. folding, laminating, lining. coating, and treating of purchased paper. paperboard. foil. sheet, or film materials. COPYING. PRINTING. AND SIGN DESIGN - An establishment primarilv engaged in providing photocopying, duplicating. blueprinting, office support and printing services (excluding commercial printing operations- see "PUBLISHING AND COMMERCIAL PRINTING"). This use also includes the preparation of temporary signs such as banners. pennants. or other signs constructed of non-rigid materials not intended for permanent display. CORNER - See "LOT" ~ COSMETICS. BEAUTY SUPPL Y. AND PERFUME - An establishment primarily engaged in the retail sales of cosmetics, beauty supplies, perfumes, colognes, and the like. COSMETOLOCY LA..ND R\RBER SCHOOLS i\n establishment primarily engaged in offering training in barbering, hair styling, or the cosmetic arts, such as makeup or skin care. These schools provide job specific certification. COST ESTIMATE - A certified estimate of the cost of surveying, testing, all required improvements, supervision, profit~ and overhead. COUNSELING - An establishment that provides professional advice and guidance for matters concerning but not limited to marriage and family, occupation and career. debt and finance. mental health. and substance abuse. This use excludes group counseling, administerin!2, medications. and in-patient or resident care. COUNTY - The words "the county" or "this county" shall mean the county of Palm Beach. COUNTY ROAD SYSTEM - The county road system consisting of each county consists of all collector roads in the unincorporated areas and all extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System. COVERED "'ALK"rLA."y LA.ND ARC\DE SICN i\ sign which is perpendicular to the building face and is suspended from, attached to, supported from or forms part of, a covered '.valle,yay and is rigid. CROSSW ALK - That part of a road'tvay at an intersection included v/ithin the connections ofthe lateral lines of the sidevralks on opposite sides ofthe highv,'Uy, measured from thc curbs or, in the absence of curbs, from the edges of the tra'lersable roadway. Any portion of a roadway at ap intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings 01 the surface. 20 April 3, 2007 CUL-DE-SAC - See "STREET". CURRENT ST }1NDARDS DocUfllents, drawings, specifications, details, laws, rules, regulations, ordinances and the like in effect on the date an application or amended applieation, v/hichever is later, is presented for consideration. CUSTOM FUIL~ISHINCS Custam fumishin~s. Home furniture and decorati'/e obiects built to a buyer's specifications. CUSTO~I/1RY PLA1QUE .^1 sign identifying the address, operator's name or aeti'/ity taking place within the facility, not to exceed t\'IO (2) sqUfli"e f-eet in area. CYIlER CAFE C;!8er cafe. .\ coffee house that provides patrons '.vith computer terminals for browsing the Internet for a fee. DAIRY PRO DUCTS MFG - An establishment that manufactures dairy products from raw milk, processed milk, and dairy substitutes. DAY CARE - An establishment that provides care, protection and supervision for children or adults on a regular basis away from their primary residence for less than twenty-four (24) hours per day. The term does not include facilities operated in coni unction with an employment use or other principal activity, where children are cared for while parents or custodians are occupied on the premises or in the immediate vicinity. D;\ Y SP/1 Da",: spa. Spa facilities that hltve no ovemig:.ht accommodations, but offer (iID array of spa treatments administered b',' licensed iIDd certified spa techniciiIDs) beauty, wellness iIDd relaxation programs that may last from a few minutes up to a full day. DAY & TRADE LABOR POOL (TEMPORARY HELP) - An establishment engaged in providing temporary day or manual labor service for the construction. maintenance, agricultural, or industrial trades. dBA - The total sound level of all noise as measured with a sound level measuring device using A-weighting network. The unit is decibel:based on a reference sound pressure of .0002 microbars. DEAD END STREET - See "STREET" 1^1 street with only one outlet. DEED RESTRICTION - Each Workforce Housing Unit created under the Program shall be deed restricted for thirty (30) years. The Deed Restriction shall be recorded and serve to restrict the sales or rental price and/or the income of the purchaser or renter. DEMOLITION - Any intentional dismantling, intentional destruction~ or removal of structures, utilities, public or private right-of-way surfaces~ or similar property. 21 April 3, 2007 DENSITY - The number of residential dwelling units permitted on a particular lot or within a proiect determined bv dividing the applicable zoning district minimum lot size for one dwelling unit into the gross acreage of said lot. Density is always expressed in terms of dwelling units per gross acre (d.u./g.ac.). "^~n existing or projected relationship between numbers of dwelling uniL and land area. Maximum density 4.84 d.u.jg.ac Maximum density 9.68 d.u.jg.ac Maximum density 80 d.u.jg.ac DEPARTMENT OF TRANSPORTATION STATE STANDARDS - The most recent edition of all state standards and specifications. DEP}'1RTMENT STORE i\ retail establishment offering a '.vide variety of merchandise, and organized into departments, according to the type of merchandise sold. DEVELOPER - The owners of record executing the dedication required by s. 177.081. Fla. Stat., and applying for approval of a plat of a subdivision pursuant to this Chapter. "^~ny individual, firm, association, syndieate, copartnership, corporation, trust or any other legal entity commencing proceedings under this ordinance. The term "developer" includes the term "subdiyider". DEVELOPER'S ENGINEER - A professional engineer, registered in Florida, engaged retained by the developer. DEVELOPMENT - A single use or combination of uses, proposed or approved. that mav include but not be limited to a single-family subdivision. townhomes, rental apartments. condominiums, public facilities, commercial buildings. shopping centers. or industrial projects. possibly of similar design, constructed as a unified community. Development shall also include the meaning given it in 9. 380.04 Fla. Stat., pursuant to a development order or permit. .sflalt have the meaning given it in Section 380.04, Florida Statutes, pursuant to a development order or permit. DEVELOPMENT means any construction, or redeyelopment, or structural alteration of any priyate or public building within the limits of the City. DEVELOPMENT ACTIVITY - Application for a master plan. site plan. rezoning. buildin' permit. or variance. as it relates to the Notice of Intent section of these re!!ulations. 22 April 3, 2007 DEVELOPMENT AGREEMENT - An agreement entered into between a local government and a person in connection with the approval of a development order or permit including, but not limited to, a development agreement pursuant to Section 163.3220, Florida Statutes, or an agreement on a development order issued pursuant to Section 380.01 et seq., Florida Statutes. DEVELOPMENT AREA - Under the provisions of the Wireless Communication Facilities section of these regulations, it is the area occupied by a wireless communications facility including areas inside or under the following: an antenna-support structure's framework, equipment cabinets, ancillary structures and access ways. DEVELOPMENT ORDER - Any order granting, denying, or granting with conditions an application for a development permit. A development order becomes effective upon approval by the City Commission and issuance, in vmting, by the city attorney. DEVELOPMENT PERMIT - Any permit authorizing fef required improvements, building(s), zoning, rezoning, plat approval, certification, variance, or other action having the effect of permitting commencement of development as defined in Florida Statutes, Section 380.04, or any other official action or types of action by the city which, in the judgement of the city manager, would permit the use or development of land similar to any of the listed actions. DEVELOPMENT. ELIGIBLE - Under the Workforce Housing provisions of these regulations, an "eligible development" is a development at one location which includes at least ten (10) residential units for which site plan approval has been granted. DIET / NUTRITION CENTER - An establishment that conducts non-medical types of services to assist clients in attaining or maintaining a desired weight. The sale of weight reduction products, such as food supplements, may be an integral component of the program. These services typically include individual or group counseling, menu and exercise planning, and weight and body measurement monitoring. DIRECTIONAL SICNS (1) On premises, incidental signs designed to guide or direct pedestrians or vehicular traffic. (2) Signs erected or permitted by the city, Palm Beach County, State of Florida or the United States Government or agency thereof, for the direction or saf-cty of the public. (3) "A~ sign, notice>-.or symbol as to the time and place of regular civic meetings and religious services. DIRECTORY SICN "A~ freestanding or flat sign listing only the name and/or use or location of more than one (1) business, acti'/ity or profession conducted within a building, group ofbuildings or commercial center. DISTRIBUTOR - Distrib1;lwr. Any individual or business entity engaged in the dissemination of any publication utilizing a newsrack located in the City of Boynton Beach. DISTRICT1 (ZONING) - See "ZONING DISTRICT" i\ny eertain desi~ated described area of the City of Boynton Beach to 'Nhieh these regulations apply and within \Wllch the zoning regulations are uniform. DOCTOR'S OFFICE - See "MEDICAL OR DENTAL OFFICE". 23 April 3, 2007 DOUBLE Fi'..CED SICN !~ sign ',vith two (2) faces which are back to back with no more than a forty fi','e (15) degree angle between the faces. DOUBLE-KEYED DEAD BOLT - DeNsle kevcd dead bolt is a dead bolt lock actuated by a key from the inside and outside. DRIP LINE - Drip line: A vertical line running through the outermost part of the crown ofa tree and extending to the ground, provided. however, that the same shall not bc loss than a ten foot diameter circle \vhich is drawn from the center line of the trunk of a tree. DRIVE IN REST.\URANT 1\ restaurant which includes facilities to serve food an, beverage to patrons for consumption by patrons in automobiles on the premises. DRIVE THRU RESTAUR.A..NT .\ restaurant which includes facilities to serve food and be'/eragcs to patrons \vho are in their automobiles with the intention of driving a'.va)' from the property and consumin; their food and beverage elsev,'hore. DRIVEW A Y - 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. DRIVEW A Y. MAJOR DRIVE~T.\ Y - A main ingress or egress to a public street from the site of any development generating more than 1,000 vehicular trips per 24 hour day or more than 250 trips in any single hour including, but not limited to, a shopping center, multiple-family development, industrial park, hospital or any other use. DRUG STORE - See "PHARMACY & DRUG STORE". DRY CLEANER - An establishment that launders or dry cleans articles of clothing and garments, which are deposited on the premises directly by the customer. The laundering or cleaning of articles / garments may occur either on or off the premises. The business is small- scale and not intended to perform or function as a large-scale dry cleaning plant. 24 April 3, 2007 DRY CLEANING PLANT - An establishment that cleans fabrics, textiles, wearing apparel, or articles of anv sort bv immersion and agitation, or bv immersions onlv, in volatile solvents including, but not bv wav of limitations, solvents of the petroleum distillate type, and I or the chlorinated hydrocarbon type. and the processes incidental thereto. These establishments are typicallv not open to the general public and primarilv cater to a commercial and I or industrial clientele. DWELLING - A living facility for one or more persons, such as a one-familv house. an apartment or a condominium. DWELLING UNIT (D.U.) - A single unit providing complete, independent living facilities for one familv, including permanent provisions for living, sleeping, eating, cooking and sanitation, but not including recreation vehicles, tents. hotels, motels, boarding houses, or boats. .^.. house, apartment, building or any part thereof used primarily for hum.an habitation and shall inelude bath and culinary aecommodations. 1. Single family dwelling: .\ building containing only one (1) single family dv;elling unit. 2. Multiple family dwelling: .\ building containing two (2) or more dwelling 1.1:llits. D\VELLINC RESIDENTIAL UNIT (DU) An apartment, condominium, single family detaehed house, mobile home, single family attached house or multi family housing established for hum.an habitation. DWELLING RESIDENTIAL. MUL TI-FAMIL Y - A building containing three (3) or more dwelling units that cannot be classified as single-familv attached. DWELLING RESIDENTIAL. SINGLE-FAMILY. ATTACHED - Two (2) or more one- familv dwellings attached bv common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single-familv attached dwellings include duplexes and townhomes. EASEMENT - Anv strip of land created bv a subdivider for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subiect to the right of use designated in the reservation ofthe servitude. AH interest in land granted for limited use purpose, but which does not con'ley title to real property. EASEMENT. LIMITED ACCESS K\SEMENT - A strip of land which does not permit access except at authorized and controlled points. ECOSYSTEM - Ecosystem: An assemblage of living organisms (plants, animals, microorganisms, etc.) that functions as a dynamic whole through organized energy flows. EGRESS - An exit. 25 April 3, 2007 ELECTRICAL EQUIPMENT. APPLIANCE & COMPONENT ASSEMBLY - An establishment that assembles products. finished parts. and materials which generate. distribute and use electrical power. ELECTRONICS AND APPLIANCE STORE - An establishment primarily engaged in retailing televisions. stereos. and other home / car electronic appliances. This use would include the retailing of cameras and other audio-visual equipment. The repair of this merchandise is incidental to the principal use (retail sales). ELEVATED BUILDING - Building without a basement in which the lowest floor is elevated above the ground. ELIGIBLE OCCUPANT - Relative to the Workforce Housing Program contained in these regulations. it is a person who qualifies for participation in the program whose income does not exceed 120% of Median Household Income for Palm Beach County as set by HUD Priority will be given to persons who have lived or worked within the City limits of Bovnton Beach continually for one year immediately prior to the date of application for a Workforce Housing Unit. ENCROACHMENT "Encroachment": Encroachment is lHlvprotrusion ofa ';ehide outside 0 a parking space. display area or access'Nay into the landscaped area. There shall be no encroachment over or into any landscaped area. 'Nheel stops and/or cuts shall be placed at least two (2) feet from the edee of such landscaped area as \.vell as two (2) feet from any preserved or planted tree. Where a wheel stop or cmb is utilized. the paved area between the curb and the end of the parking space may be omitted. providing it is landseaped in addition to the required landscaping as provided herein. ENDANGERED. THREATENED. AND RARE SPECIES OF SPECIAL CONCERN- Endangered, threatened and rare species and species of special concern: Species listed as endangered, threatened, rare or of special concern by one (1) or more of the following agencies: 1) U.S. Fish and Wildlife Service, 2) Florida Game and Fresh Water Fish Commission, 3) Florida Committee on Rare and Endangered Plants and Animals, 4) Florida Department of Agriculture. and 5) Treasure Coast Regional Planning Council. ENGINEER, RECISTERED- A person registered as a professional engineer in the State of Florida. in accordance with Chapter 471. Fla. Stat.. who is good standing with the Florida Board of Professional Engineers. "\ professional engineer registered by the State of Florida and trained in the field of engineering. ENLARGEMENT OR TO ENLARGE - An enlargement is an addition to the floor area of an existing building, an increase in the size of any structure, or an increase in that portion of a tract ofland occupied by an existing use. To enlarge is to make an enlargement. 26 April 3, 2007 ENTERTAINMENT. INDOOR - An establishment primarily engaged in operating amusement arcades / parlors, billiard halls, bowling alleys, paint ball, shooting ranges, skating rinks, and the like. Arcades include any electric or electronic machines (i.e. pinball, video games) which provide amusement enioyment, or entertainment. ENTERTAINMENT. OUTDOOR - An establishment offering recreation, entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity occurs in the open. Tvpical uses include but are not limited to amusement and water parks, skateboarding, batting cages, miniature golf and driving ranges, tennis clubs, and other types of recreation and entertainment not otherwise defined. ENVIRONMENT ALL Y SENSITIVE LANDS - Enyironmentally sensitive lands: Ecological sites (ecosites) representing high quality native Florida ecosystems. EQUIPMENT CABINET - Under the provisions of the Wireless Communication Facilities section of these regulations, it is any structure such as a cabinet shelter, or pedestal used to exclusively contain radio or other equipment necessary for the transmission or reception of wireless communication signals. EQUIPMENT COMPOUND - The fenced area surrounding a wireless communication facility including the areas inside or under the following: an antenna support structure's framework and ancillary structures such as equipment necessary to operate the antenna on the including cabinets, shelters, pedestals, and other similar structures. ERECT (8ICN8) To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs. ESSENTIAL SERVICES - Facilities owned and / or operated by a governmental entity or public service provider of essential services and infrastructure (including but not limited to gas, electrical, potable water, sanitary sewer) for the general public health. safety, convenience, and welfare. EXCAVATION OR EXCAVATING - The removal of materials from either above or below the water table and/or the grading, mixing or spreading of materials. EXEMPTION DETERMINATION See "CONCURRENCY EXEMPTION DETERMINA TION" },. '.witten certification by the planning director that a de'ielopment order or permit is exempt 'vVith respect to meeting the concurrency requirements for a particular public facility. EXPRESSW A Y - A street shown or described as such according to the current or most recent functional classification svstem contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended. EXTERIOR DISPLAY - The display Display of merchandise, as an accessory use m to a lawful principal use, outside of the walls of the building or within any area which is not fully enclosed by building walls, in such a manner so as to allow for viewing or inspection of merchandise by customers. 27 April 3, 2007 EXTERIOR STORAGE - The keeping of merchandise, materials, equipment or supplies. and the like, outside of the walls of a building or within any area which is not fully enclosed by building walls, which is generally not for the purpose of allowing inspection or viewing b) customers. EXTERMINATING AND PEST CONTROL - An establishment offering the control and elimination of insects, rodents or other pests by eliminating their harborage places by removing or making inaccessible materials that may serve as their food: by poisoning, spraying, fumigating. trapping: or bv any other recognized and legal pest elimination method. EXTERM.INA TION Extorminatien the control and elimination of insects, rodents or other pests by eliminating: their harborage places b'r' removing: or making il1accessible materials that may serve as their food: by poisoning, spraying:, fumieating, trapping:: or by any other recognized and legal pest elimination method. EXTR:\ORDIN"\RY CONDITIONSExtr&ordinar:r conditions Subsequent to a hurricane. flood or other natural disaster. FAA - The Federal Aviation Administration. F}',.BRICA1 TION The assembly or forming of goods using finished or semifinished materials, as opposed to the manufacture of primary materials. F}~CINC OR SURF"A1CE Shall mean the surface of the sign upon, against or through which the message is displayed or illustrated on the sign. F AMIL Y - One (1) or more persons occupying a single dwelling housekeeping unit and using common cooking facilities, provided that all such persons shall be related by blood, marriage or adoption, except that not more than one (1) person ,>,..no is not related as such shall also be permitted to reside in the same unit. Families who provide care in their own home as duly state licensed foster family homes, in which dependent children have been duly placed by the State of Florida, and which include not more than five (5) children (both natural and foster) in the household, are expressly included within this term. F AMIL Y DAY CARE - A residence providing day care services for a number of children which is limited in accordance with Florida law, and which shall be construed to be an accessory use to any dwelling unit located in a residential or PU district, or in any commercial zoning district. excluding C -4 district. FCC - The Federal Communications Commission. FEED LINES (lCEBRIDGE OR BRIDGE) - Cables used as the interconnecting media between the transmission/receiving base station and the antenna. FESTOONS - Strings of ribbons, lights, tinsel, small flags, discs, spinners, pinwheels or an) device propelled by natural forces used for the purpose of attracting attention. 28 April 3, 2007 FILL OR FILLINC Placing material remo'.'ed from another urea on and/or off site. FITNESS I HKA..L TH CL VB Fitness/hcalth cll;lh. ..:\ commercial recreation and entertair..ment facility or pri'/ate dub vAlich has as a principal use a evmnasium. s'Nimming pool or other sports facility and '.vhich may offer massages. whirlpool ba-ths. steam rooms. saunas or medical facilities as accessory uses to the principal use. FIRST TIME HOME BUYER - A person who has not held ownership in a residence within the past three years. FIXED PROJECTION SICN ,^,. sign, other than a flat sign, which e)ctends outward for more than eighteen (18) inches from the facade of any building and is rigidly affixed thereto. FLAG - A piece of cloth used as the national, state, municipal, civic or church symbol, registered corporate logo, or internationally recognized symbol, properly displayed in accordance with published federal, state, municipal, civic or church adopted guidelines and displayed on a designated pole located in a proper holder or in other ways approved by an appropriate national, state, municipal, civic or church agency. The maximum allowed is t"'IO (2) different flags per pole and only one (1) pole per lot or bay frontage. FL}..SHINC SICN A sign, either fixed or portable, which uses or contains intermittent or a sequential flashing light source with the exception of a time or tempera-tura sign or Do'.v Jones average sign which is part of a permitted commercial sign. FL}..T SICN ,^,. sign erected parallel to, and extending not more than eighteen (18) inches from, the facade of any building to which it is attached and supported throughout its en-tire length by the facade of the building and not extending abo'.'e or beyond the building. FLOOD (FLOODING) - Flood or floodinf! a A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source. AREA OF SHALLOW FLOODING - Area of shallow floodilif! - a designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist. where the path of flooding is unpredictable and indeterminate. and where velocity flow may be evident. BASE FLOOD Ease flood - a A flood having a one (1 ) per cent chance of being equalled or exceeded in any given vear. COASTAL HIGH HAZARD AREA eoasta! hi-rh hazard arca - the The area subiect to high velocity waters caused by. but not limited to. hurricane wave wash or tsunamis. The area is designated in a FIRM as zone VI-30. VE or V. FLOOD HAZARD BOUNDARY MAP (FHBM) Head hazara hOl;lnoo,.,,' maT] (FHEAD - aft An official map of a community issued by the Federal Emergency Management Agency where the boundaries of the areas of special flood hazard have been defined. 29 April 3, 2007 FLOOD INSURANCE RATE MAP (FIRM) Floed insurancc rate ma13 (FIRM) - aH An official map of a community on which the Federal Emergencv Manallement Allene has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY Flood insurance study - the The official report provided by the Federal Emergency Management Agency which contains flood profiles, flood boundary-floodway map and water surface elevation of the base flood, SPECIAL HAZARD AREA Area of s13ccial fleod ha-zard -laRa Land in the floodplain subiect to a one (1) percent or greater chance of flooding in any given vear. FLOODW A Y Fleedway' - the The channel of a watercourse and the adiacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. FLOOR AREA RATIO (FAR) - A mathematical expression determined bv dividing the gross floor area (GF A) of a building bv the area of the lot on which it is located. Gross Floor Area / Lot Area = FAR. Lot coverage Total Coverage FAR=.5..... Lot coverage 1/2 Coverage Lot coverage 1/4 Coverage ,~~ FAR = 2 , _ ).....6tJ ~,J!'J'" FAR = 1 ..- I FLOOR .\REl...., ,MINIMUM The area ofthc floor or floors measured from the centerline of the exterior walls to the centerline of dividing ',valls. The area for garages, roofed over screened porches and utility rooms shall be credited for fifty (50) percent of floor area. Open porches and carports shall be credited \yith tVienty five (25) percent of floor area. /.I.ccessory buildings shall not count as floor area ifnot accessible from the interior ofthe building. Not more than ten (10) percent of any minimum floor area shall be credited to screened in porches or breezeways. FLORIST - An establishment primarilv engaged in retailing cut flowers. floral arrangements, and potted plants purchased from others. These establishments usually prepare the arranllements they sell. FOOD PROCESSING - An establishment primarily engaged in processing canned. pickled. am. dried fruits. vegetables. specialty foods, snacks. and spices. 30 April 3, 2007 FOOTWEAR & OTHER LEATHER PRODUCTS - An establishment primarily engaged in manufacturing and fabricating footwear and other leather products from purchased leather or leather substitutes (i.e., fabric, plastics). FORTUNE TELLER I PSYCHIC F6rtune teller/psychic. Person who makes predictions about the future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. FOSTER CHILD - A child in foster care who has been placed in a foster home by the State of Florida. FOSTER HOME OR FOSTER CARE, FOR CHILDREN - A family foster home as defined by the Section 109.175, Florida Statutes, and which conforms to the definition of "family." FREEST}...NDINC SICN .^~ monument or ground mounted sign idem:ifying the use of the property upon which it is located. Ground mounted signs may be supported by one or more poles, provided that the bottom of the sign or eabinet is no more than two (2) feet above grade and that the poles and eomplete length of the sign or oabinet are clad in the same or like material, completely to the ground. l\ltematives to the cladding requirement may be considered if the design of the sign conforms to the arehitectuml design of the building(s). FRONT AGE STREET - See "STREET. MARGINAL ACCESS Marginal .\ccess Street." FROZEN FOOD - An establishment primarily engaged in processing and freezing fruit, iuices, vegetables, and specialty foods, such as dinners, entrees, and side dishes: pizza: whipped toppings: and waffles, pancakes. and french toast. FUNCTIONAL CLASSIFICATION - The assignment of roads and streets into systems according to the character of service they provide in relation to the total road network. Basic functional categories include arterial roads, collector roads and local roads which may be subdivided into principal, major or minor levels. Those levels may be additionally divided into rural and urban categories. FUNCTIONALL Y DEPENDENT FACILITY - Functi61'lsll)' dcvc1'ldcnt faci/it}, - a A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing. The term does not include long-term storage, manufacture, sales or service facilities. FUNERAL HOME - An establishment engaged in preparing the dead for burial or interment and conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling caskets and related merchandise). This would include a crematorium as an allowable accessory use. 31 April 3, 2007 FURNITURE M}...NUFl'..CTURINC Manufacturing offurniture, cabinets, wooden vanities. household goods and ornaments from wood; also, furniture repair, refinishin; and re. upholstering. FURNITURE & HOME FURNISHING - An establishment that engages in the retail sales of furniture and related home accessories. FURNITURE PRODUCTS - An establishment that makes or repairs furniture and related articles, such as mattresses, window blinds. cabinets. and fixtures. The processes used in the manufacturing of furniture include the cutting. bending. molding, laminating, and assemblv of such materials as wood. metal, glass, plastics. and rattan. This use also includes furniture repair. refinishing, and reupholstering. CAR:\CE, PUBLIC P.~..RKINC storage for motor vehicles. .\ building or other structure '.vhich pro'/ides parking or GARBAGE Garl:Jtlf!C a Animal and vegetable waste resulting from the handling. preparation. cooking and consumption of food. C;\SOLINE DISPENSINC EST;'..BLISHMENTS Commercial enterprise, including automotive service stations and con'/enience stores, which engage in thc sale or other motor fuels to the public. GASOLINE STATION WITH CONVENIENCE STORE - An establishment engaged in retailing automotive fuels (i.e., diesel fuel, gasohol, gasoline). which may be in combination with convenience store or food mart items. These establishments can either be in a convenience store (i.e.. food mart) setting or a gasoline station setting. It may include AUTOMOTIVE, MINOR REP AIR as an accessory use. GAZEBO - See "OPEN-AIR P A VILLI ON". GENDER - Gender. A word importing the masculine gender only may extend and be applied to females and to firms, partnerships and corporations as well as to males. GENERAL DEVELOPMENT PLAN - Also known as the Comprehensive Plan, it is the official public document adopted by the City of Boynton Beach in accordance with Florida law. as a policy guide to present and future land use decisions. GEOGRAPHIC SEARCH AREA - An area designated bv a wireless provider or operator for a new base station, produced in accordance with generally accepted principles of wireless RF engmeenng. GLASS PRODUCTS - An establishment primarily engaged in processing (i.e. coating, laminating. tempering, shaping) purchased glass and/or glass products. "') j... April 3, 2007 GOVERNING BODY - Means the City Commission of the City of Bovnton Beach. GOVERNMENT - Any direct agency of any federal, state, county, or city government including schools and the U.S. Postal Service. GOVER.."l\H\iENT SIGN Any temporary or permanent sign erected and maintained by the city, eoooty, state or federal goverIlfRent or any of their legal entities. GRADE, FINISHED - The average level of the finished surface of the ground adjacent to the exterior walls of the structure. GRADE SEPARATED INTERSECTIONS - Use of the term grade separated intersections shall mean any intersection wherein one road passes over another road by means of a bridge or an overpass. GRADES & STANDARDS FOR NURSERY PLANTS - The Standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants" Part L 1963 and Part II. State of Florida, Department of Agriculture, Tallahassee, or equal thereto. These standards are amended from time to time. GROCERY STORE - An establishment (generally known as a supermarket) is primarily engaged in retailing a general line of food, such as canned and frozen foods: fresh fruits and vegetables: and fresh and prepared meats, fish, and poultry, and those services customarily incidental to the principal use. GROSS FLOOR AREA (GFA) - The total floor area ofa building or a use occupying part ofa building, measured from centerlines of partitions and exterior 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 rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines and hallways. GROUND SIGN "^..ny sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure. 33 April 3, 2007 GROUNDWATER - Water occurring beneath the surface of the ground, whether or not 110\\ ing through known or definite channels. GROUP HOME - A facility that provides short-term or long-term lodging for three (3) or more unrelated individuals in dwelling units or sleeping rooms which operate primarily on a referral basis from state, county, or local social service agencies and / or self-help programs. These facilities may offer in addition to lodging accommodations, meals. resident support services. counseling. guidance and varying levels of medical care. The term "group home" includes but is not limited to nursing homes. adult congregate living facilities (ACLF). assisted living facilities (ALF). group care homes. community residential homes, recovery homes. and residential treatment facilities. The following are group homes defined bv type: TYPE 1 - A home of not more than six (6) residents which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides a living environment for residents who operate as a functional equivalent of a family. including such supervision and care by supportive staff as may be necessary to meet the physicaL emotional. and social needs of the residents. but which mayor mav not be licensed bv the Florida Department of Health and Rehabilitative Services. TYPE 2 - A home with no less than seven (7) or more than 14 residents which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides for a living environment for residents who operate as a functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physicaL emotionaL and social needs of the residents. but which are not licensed by the Florida Department of Health and Rehabilitative Services. Thi definition includes all facilities operating for such purpose or intent, but which may 01 may not be licensed by the Florida Department of Health and Rehabilitative Services. TYPE 3 - A home with 15 or more residents which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides for a living environment for residents, including such supervision and care by supportive staff as may be necessary to meet the physicaL emotionaL and social needs of the residents. This definition includes all facilities operating for such purpose or intent. but which mav or may not be licensed bv the Florida Department of Health and Rehabilitative Services. TYPE 4 - A home for seven (7) or more individuals classified as participants in inmate release programs, battered women, runaway children, recoverv homes, and residential treatment homes. which is licensed to serve clients of the Florida Department of Health and Rehabilitative Services and which provides for a living environment for residents. including such supervision and care by supportive staff as may be necessarv to meet the physical. emotionaL and social needs of the residents. This definition includes all facilities operating for such purpose or intent, but which mayor mav not be licensed bv the Florida Department of Health and Rehabilitative Services. GUYED TOWER Guyed tower - See "ANTENNA SUPPORT STRUCTURE".A telecommunication tower that is supported, in whole or in part, by guy wires and ;round anchors. GYM, FITNESS & HEALTH CLUB - An establishment primarily engaged in operating fitnes, and recreational sports facilities featurinll exercise (weillht training. aerobics. voga) and other 34 April 3, 2007 active physical fitness conditioning or recreational sports activities, such as swimming, skating, handball, racquet sports, and the like. GYMN..\SIUM .^Ln establishment designed and equipped for the conduct of sports, exereise, IcislH'e time activities, or other customary and usual recreational activities and operated either for profit or not for profit. Hl'...LF"'.\Y HOUSE lklfivay h61;{SC. .^L residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger society. HANDOFF CANDIDATE - A wireless communication facility that receives call transference from another wireless facility, usually located in an adiacent first "tier" surrounding the initial wireless facility, HARDWARE STORE - An establishment primarily engaged in retailing a general line of new hardware items, such as tools and builders' hardware. HAZARDOUS MATERIAL - Any substance or material which has been determined by the secretary of the United States Department of Transportation to be capable of imposing an unreasonable risk to health, safety and property. This term includes hazardous waste as defined in the Florida Statutes s. 103.703(21). HEALTH CLUB - See "GYM, FITNESS & HEALTH CLUB" - "Gymnasium." HEAL TH & PERSONAL CARE (EYEGLASS. VITAMINS. HEARING-AIDS) - An establishment primarily engaged in the retail sales of convalescent supplies, eyeglasses, hearing aids, vitamins, and the like. HEIGHT (SIGN) The vertical dimension measlH'ed from the highest point of the sign to the mean slH'face grade surrounding the bottom of the sign. HOME IMPROVEMENT CENTER - An establishment primarily engaged in retailing a variety of new home repair and improvement materials and supplies, such as lumber, plumbing goods, electrical goods, tools, housewares. appliances, hardware, and lawn and garden supplies, with no one merchandise line predominating. The merchandise lines are normally arranged in separate departments. HOME OCCUPATION - The home business operation of an individual and / or members of the immediate family conducted inside a dwelling unit within a zoning district that allows for residential uses, when such dwelling unit is the principal use onhe property and all the applicable conditions of this Code can be affirmatively evidenced and complied with. .\ny occupation in connection '.'lith which there is kept no stock in trade nor commodity sold upon the premises, no person employed other than a member onhe immediate family residing upon the premises, and no mechanical equipment used except such as is permissible f{)f plH'ely domestic or household purposes. HOSPIT AL - An establishment typically referred to as an institution (excluding MENTAL HEATH OR SUBSTANCE ABUSE CENTERS) that provides comprehensive, inpatient and outpatient healthcare, including typical emergency medical, surgical, diagnostic, rehabilitation 35 April 3, 2007 and treatment services. as well as other specialized services ranging from bariatrics to wound care. This use would also include accessory meeting / conference facilities. limited retail sales. and administrative offices. HOTEL - Hefef. A building or portion thereof containing fifty (50) or more guest rooms. efficiency units or suites designed for the temporary lodging of transient guests rented on a daily basis and occupied for less than thirty (30) days. Ancillary facilities may include conference facilities. restaurants. bars. recreation facilities. ballrooms. banquet rooms and meeting rooms. Access to the guest quarters shall be through an inside lobby and corridors or from an exterior court which is within a secured area. HOTEL Any building containing principally sleeping rooms in vihich transient guests are lodged with or without meals, with no pro'/ision made for cooking in any individual room or suite and having or not ha'/ing one (1) or more dining rooms. restaurants or cafes as accessory uses. Such building '.Yould structurally and for purposes of safety be obliged to conform to the 1m71'S of the hotel and restaurant commission (Division of Hotels and Restaurants of the Department of Business Regulation). HOTEL1 APARTMENT - Any hotel building containing a mixture of sleeping rooms and apartment suites for transient guests only, and which shall not serve as the primary or permanent residence of the occupants. Buildings designed as hotel apartments shall have not more than one- third of the total units devoted to apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Hotel apartment suites shall have a minimum gross floor area of five hundred (500) square feet. HOTELS. BOUTIQUE - A smallluxurv hotel containing ten (0) to fifty (50) guest rooms Meal service is usually breakfast onlv. but in some instances high-quality dinner and/or lunci. service and room service may also be provided. HOTEL. EXTENDED STAY - Hotel. extended sur,:. Anv all-suite hotel that provides visitors with a full kitchen and more than five percent (5%) of its rooms are occupied for at least thirtY (30) davs and no more than one hundred and eighty (80) days. HOTEL. TIMESHARE TIME SH/...RING HQ+B.b - The term shall include, but shall not be limited to, any building or part thereof in which the right of use or occupancy of any unit circulates among various occupants for specific periods of time less than a full year during any given year but not necessarily for consecutive years in accordance with a fixed time schedule on a periodically recurring basis extending for more than one year. The determination that a building. or part thereof, is a time sharing hotel shall be made without regard to the form of ownership of the property or of the units therein and shall be immaterial whether the right of use or occupancy is derived from a leasehold of fee interest. 36 April 3, 2007 HOUSE EAVES - a A nonstructural portion of any building or structure extending beyond the vertical plane of the foundation. HOUSE TRAILER - (aD A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways, (b~) or a trailer or semitrailer the chassis and exterior shell of which is designed and constructed for use as a house trailer, as defined in paragraph (al), but '.mieh is used instead, permanently or temporarily, for the ad'/ertising, sales, display or promotion of merchandise or services or for any other commereial purpose except the transportation of property for hire or the transportation of property for distribution by a priyate carrier. HOUSEHOLD - All all persons who occupy a dwelling unit. A person living alone or any group of persons sharing a dwelling unit is a household. ICE CREAM & FROZEN DESSERT - An establishment primarily engaged in the manufacturing frozen desert products such as ice cream. yogurts. ices. sherbets. and other desserts (except bakery products). IDENTIFIC.A..TION SICN .\ non illuminated sign affi)ced to the rear ofa building bea-ring the business name and/or address of the occupant, with an area not exceeding three (3) square ~ ILLUMINATED SICN }..ny sign which has characters, letters, figmes, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. IMP ACT FEE - A charge applied to new development to generate revenue for the construction or expansion of capital facilities located off-site that benefit the contributing development. A land development regulatory fee charged to new development which creates a need fDr eapital impro'/ements. I.MP.A..CT FEE Park and recreation facilities impact fee. 37 April 3, 2007 IMP,'\CT FEE COORDIN},.TOR The Director of Parks or the person designated to perfom1 such functions as designated under this section. IMPROVEMENT - Includes, but not limited to, street pavements, curbs and gutters. sidewalh alley pavements. walkway pavements, water mains, sanitary sewer, storm sewers or drains. street names, signs. landscaping, permanent reference monuments (PRMs). permanent control points (PCPs), monuments, or any other improvement required by the City. INCOMBUSTIBLE MATERIAL - Any material which will not ignite at or below a temperature of one thousand two hundred (L200) degrees Fahrenheit and will not continue to bum or glow at that temperature. INCOME QUALIFIED HOUSEHOLD - Under the Workforce Housing Program provisions of these regulations, it is a household whose income is verified to be either Low Income or Moderate mcome. INFESTATION - Infestation the The presence of insects, rodents or other pests (see "EXTERMINA TION". IN-FILL HOUSING - means Means new residential units on parcels less than 5 acres that are not part of an approved planned unit development as defined by the City of Boynton Beach land development regulations. INFORMA TION & DATA PROCESSING - An establishment primarily involved in the compilation, storage, and maintenance of documents. records. and other types of information On-site activities include but are not limited to the following: data entry, stora!.:!e, conversion or analysis, subscription, and credit card transaction processing, telephone sales and order collection. mail order and catalog, and mailing list preparation. This use excludes the sale of computers. peripherals. hardware, or software. INGRESS - An entry. INSPECTOR - A city employee working as an inspector under the authority and direction of either the director of development, the director of public works, the director of utilities. the city engineer, or their designees. INTERIM SERVICES FEE - User charge applicable to structures certified for occupancy by the city development department but not appearing on the Palm Beach County tax rolls as an improvement to real property. INTERSECTION- See "STREET, INTERSECTION" See F.S. 316.003. INUNDATION - Moving, standing or ponded water which is a nuisance, hazard or health problem. INVESTIGATIVE SERVICE - An establishment primarily en!.:!aged in providing investi!.:!atior and detective services. 38 April 3, 2007 IRRIGATION SYSTEM- A system of pipes or other conduits designed to transport and distribute water to all landscape plantings. JANITORIAL - An establishment primarily engaged in cleaning building interiors. interiors of transportation equipment (e.g.. aircraft. rail cars, ships). and/or windows. This use includes swimming pool maintenance and steam clean I pressure cleaning. JEWELRY. LUGGAGE & LEATHER GOODS - An establishment primarily engaged in retailing new iewelrv (except costume iewelrv); new silver and plated silverware: new watches and clocks: and new luggage with or without a general line of new leather goods and accessories, such as hats, gloves, handbags. ties. and belts. JEWELRY MFG - An establishment primarily engaged in one or more of the following: (1) manufacturing. fabricating. engraving. or etching iewelry or metal personal goods: (2) stamping coins: or (3) cutting. slabbing. tumbling, carving. engraving. polishing. or faceting precious or semiprecious stones and gems.. JUNKY ARD - An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed or disassembled, including, but not limited to, scrap iron and other metals and waste materials. A junkyard includes an automobile wrecking yard and secondhand automotive parts yard. LAND DEVELOPMENT PERMIT - A permit issued by the City Engineer prior to commencement of construction of required improvements after final record plat approval by the City. LAND DEVELOPMENT REGULATIONS (LDR) - Ordinances of the City that govern any aspect of the development. redevelopment and improvement oflands lying in the iurisdiction of the City. and include but are not limited to zoning. subdivision, health, environmental, landscaping, parking or sign regulations. These regulations are amended from time to time as deemed necessary by the City. LANDSCAPE ARCHITECT - Professionally educated and licensed person who is authorized to prepare landscape plans, specifications and provide expert testimony in regards to site development and compliance with municipal landscape regulations. LANDSCAPE BARRIER - A landscape barrier is a near solid element combining a wall and I or natural vegetation intended to block all direct and reasonable views to a given use such as overhead bay or service doors. automotive repair or the like. outdoor storage areas. parked vehicles. etc. The landscape barrier shall be comprised of a berm, buffer '.;vall and/or natural '.'egetation (as deemed appropriate brthe city) eonsisting of various trees species planted tip to tip in two or more staggered rO'NS. and shall include species such as Southern Red Cedar. Silver Buttomvood, Dahoon Holly. Blolh', Palatka Holly. Redbay, S'.yeet Bay. Southern Coastal Willovl, Sweet .Acacia. SlJarHsh Stopper. Geiger Tree. Cherry Laurel, Yaupon, Black Iromvood. Laneewood. Coffee Colubrina. Crabwood. Vlild Lime. Willow Bustic. Torchvlood. or other tree species found comparable by staff. Tree species selected shall be those with maximum density and minimum deciduous characteristies. Various sh.-ub species ranging in heights from 30 inehes to 36 inches when planted tip to tip shall include species such as Firebush. '}lax Myrtle, Wild Coffee. Florida Trema. Florida Privet. Marlberry. Myrsine. Spicevl'Ood. Necklace Pod, Tetrazigia, 39 April 3. 2007 or other species found comparable by staff which when planted form a continuous visual screen when planted. LANDSCAPE BUFFER SCREEN - A continuous row of plant material and/or wall (or other durable barrier) placed. for example. where a vehicle use area abuts the adjoining ri2:hts- of-way and adjacent property. The materials used to establish the landscape screen are defined under the respective sections belo\-". and are planted to form a continuous screen of plant material '.vithin a maximum of one (1 ) year after time of plantinc. The hedee element shall be maintained at four (4) feet. and the ';.all used in place of the hedge shall be no less than three (3) feet hich and combined with a minimum oft'.\'o hedge plants placed on the outside of the wall and spaced every 10 lineal feet. LANDSCAPE SCREEN - A landscape screen is a continuous row of plant material and/or wall (or other durable barrier) placed where the vehicle use area abuts the adjoining rights-of-way and adjacent propertY. The materials used to establish the landscape screen are defined under the respective sections below. and are planted to form a continuous screen of plant material within a maxim um of one (1) vear after time of planting. The hedge element shall be maintained at four (4) feet. and the wall used in place of the hedge shall be no less than three (3) feet high and combined with a minimum of two hedge plants placed on the outside of the wall and spaced every 1 0 lineal feet. 40 April 3, 2007 LANDSCAPED AREA - Lal1dsca17ed arca. An area not occupied by any structures or impervious surfaces, and landscaped with vegetative material pursuant to the Landscape Code regulations. Open space area not occupied by any structlH"es or impervious surfaces, and landscaped '.'lith vegetative material and gTOlHld covers plH'suant to the BOynton Beach Landscape Code. LANDSCAPING - "Landscaping": Any of the following or combination thereof: Materials such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and other material such as rocks, pebbles, sand, walls or fences, and decorative paving materials approved by the development department and the planning and development board. LATTICE TOWER - See "ANTENNA SUPPORT STRUCTURE". LAWN MAINTENANCE & LANDSCAPING SERVICE - A business principally engaged in the decorative and functional alteration, planting, and maintenance of property. This use excludes contractors who primarily use heavY equipment for tree trimming, grading, excavation, or the installation of irrigation systems. LA~UNDRY "A......~D DRY CLE.'\.....~nNC, SELF SERVICE ,,^.. business that provides home type washing, drying, dry cleaning and/or ironing machines for hire, to be used by customers on the premises. LEGAL ACCESS - See "ACCESS, LEGAL" /\. dedicated and recorded right of \vay, or easement, excluding utility or drainage easements, affording perpetual ingress and egress from a subject property to a public thoroughfare. LEGAL ENTITY - An entity that holds a certificate of authorization issued under Florida Statutes whether the entity is a corporation, partnership. association, or person practicing under a fictitious name. LEVEL OF SERVICE - The extent or degree of service provided by or proposed to be provided by a public facility, based on and related to the operational characteristics of the public facility. LIMITED ACCESS - See "STREET, LIMITED ACCESS" l\ highway or freeway which does not permit access except at authorized and controlled points. The acquisition of right of way for such highways or freew'ays usually includes the acquisition of access rights thereto. l\ccess may also be limited through methods other than acquisition of access rights. LIMITED ACCESS EASEMENT - See "EASEMENT. LIMITED ACCESS" l\ strip ofland v.'hich does not permit access except at authorized and controlled points. LISTED HISTORIC STRUCTURES (MIXED USE REGULATIONS) - Listed Histeric Structures Includes all structures listed as eligible for designation in "The Citv ofBovnton Beach Historic Sites Survev" as prepared by Research Atlantica. Inc, September 1996, including ef any subsequent updates to that study. In the Mixed Use zoning districts, the structure may function as its intended use or be adapted to other allowed uses, provided the exterior of the structlH"e maintains its original architectlH'al integrity, notwithstanding 8lY,' modifications necessary to meet the requirements of the Americans 'with DisaBilities Act (.^~D,,^~). 41 April 3, 2007 LITTORAL ZONE - That region of the shoreline beginning at the Ordinary High Water (OHW) mark and extending waterward to a maximum depth of minus three (-3) feet OHW. ORDINARY MIGH' LIVE / WORK UNIT - Live/'vVork unit. A commercial unit with incidental residential accommodations occupving one (1) or more sleeping rooms or floors in a building primarilv designed and used for commercial occupancy and providing the following: (1) adequate working space reserved for commercial use and regularlv used for such purpose by one (1) or more persons residing in the unit; and (2) living space containing. but not limited to. a sleeping area. fOOl preparation area with reasonable work space and a full bathroom. LOADING SPACE - Accommodations off the Off-street accommodations for loading oote and unloading ffem trucks, in the form of one (I) or more truck berths located either within a building or in an open area on the same lot. LOCAL STREET - See "STREET. LOCAL" J\ street shovl'll or described as such according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended. LOCKSMITH - An establishment primarily engaged in the installation. accessory sales. repair. or adiusting service of mechanical or electronic locking devices. safes. and security vaults. LOGO - See "SIGN. LOGO" "\ symbol of a company or business. LOT - Includes Tract or Parcel and means the least fractional part of subdivided lands having limited fixed boundaries. and an assigned number. letter or other name through which it may be identified. Is either: 1. "\ lot of record as part of a land subdivision, recorded in the office of the clerk of the circuit court of Palm Beach County, and existing on the effective date of these regulations, or any applicable subsequent amendment thereto, or 2; l.. tract ofland under a unity of title document or a tract of land, either unsubdi'/ided or consisting of abutting lots of recorL which on the effective date of these regulations or any applicable subsequent amendment thereto. 42 April 3, 2007 vias in one ovmership, or 3. ,,^.. tract of land, vmieh at the time of filing for a building permit is designated by its O'.Vller or developer as a traet all of'.vhieh is to be used, de'.'eloped or built upon as a unit under one ov,nership. LOT AREA - The total area of a lot measured from included \yithin lot lines. LOT COVERAGE - The area of the lot expressed as a percentage of the total lot area covered by the ground floor of all principal and accessory structures including all areas covered by the roof of such uses and structures measured along the exterior faces of the walls or along the foundation wall line or between the exterior faces of supporting columns or from the centerline of walls separating two buildings or as a combination of the foregoing whichever produces the greatest total ground coverage for such uses and structures. That portion of the area of a lot, expressed as a percentage, occupied by all buildings or structures which are roofed or otherwise covered and that extend more than tmee (3) feet above the surface ground level. LOT DEPTH - The length of a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line of the lot. LOT FRONT AGE - The property line adjacent to a public or private street; it is also the front property line. 43 April 3, 2007 LOT WIDTH - The distance between the side lot lines measured at right ane:les to the lot depth at a point between the front and rear property lines. LOT, CORNER - Either a lot bounded entirely by streets or a lot which adjoins the point 0 intersection of two (2) or more streets. LOT .1..INTERIOR - Any lot that is neither a corner lot nor a through lot. LOT, THROUGH (DOUBLE FRONTAGE) - Any lot, not a corner lot, having both the front and rear property lines adjacent to a public street. LOT, ~TIDTH The distance benveen the side lot lines measured at right angles to the lot depth at a point between the front and rear property lines. LOUVERS - Lou',,'crs means a A series of removable. fixed-slanted or movable slats. (Glass- louvered is descriptive ofialousies. Glass. wood or metal ialousies are considered to be louvers. Awning-type windows having sections more than twelve (12) inches in depth are not considered to be louvers). LOW INCOME HOUSEHOLD - Under the Workforce Housing Program provisions ofthese regulations. it is a household with a gross. combined income below 80% of the Palm Beach County Annual Median Household Income as defined by HUD. LU1\iBER STORES, BUILDINC ML\TERI}'..LS STORES, .\ND LUMBER Y.UID8 Sale oflumber and other buildinb materials, including cutting of finished lumber products to length or size for sale on premises. M.A..JOR DRIVEl\' f.. Y A main ingress or egress to a public street from the site of any development generating more than 1,000 ','ehicular trips per 21 hour day or more than 250 trips in 44 April 3, 2007 any single hour including, but not limited to, a shopping center, multiple family development, industrial park, hospital or any other use. :M."A~JOR REPAIRS They shall include complete engine overhaul and/or replacement of internal parts of engines. Also included is repair of any portion of the drive mechanism, body and fender work, painting and customizing. 1\i}..JOR THOROUCHF"\RES municipalities. /... main traffic artery connecting two (2) or more MALL - A single building, enclosing a number of tenants and occupancies wherein two (2) or more tenants have an entrance into an enclosed, roofed over area designed as a pedestrian public way. MANGROVE TREES - Mancrove trees: A "mangrove tree" is any plant belonging to any of the following species of mangroves: Rhizophora mangle, the red mangrove: Laguncularia racemosa., the white mangrove. and A vicennia nitida, the black mangrove. or Conocarouserectus.thegreen buttonwood. MANGROVE STAND - },lanf!r('T,,'e sUms - an assemblage of trees which contain one or more of the following species: black mangrove, red mangrove, white mangrove and buttonwood. MARINA. INCLUDING YACHT CLUB - A facility designed to provide a variety of accommodations and services for local or transient boaters, such as fueling, dockage, wet storage, and retail sales of marine supplies, and equipment, boats, motors and trailers, wet or dry storage, hauling, making minor repairs or alterations; the latter '",hile in wet or dry storage. v,'here possible, all repairs, especially major repairs, will be aceomplished within an enclosed or three quarter enclosed building. Facilities must be provided at every marina to accommodate proper sanitary sewer and water connections as well as to maximize flushing of the impacted marine basin. MARINE ACCESSORIES - Retailing new and / or used outboard motors, boat trailers. marine supplies, parts, and accessories. Machine shops and / or the on-site installation of marine accessories are prohibited. MARTIAL ARTS. GYMNASTICS. AND DANCE STUDIO - An establishment primarily engaged in offering instruction in arts or recreation, including martial arts, ~nastics, and dance studios. MASTER PLAN - A drawing which shows the intended division of and improvements on one or more parcels filed in coni unction with a formal application for a rezoning to a planned zoning district real property. MASTER SITE PLAN (WITHIN A PID) - Master Site Plan. A Master Site Plan is the conceptual plan for the entire Mixed Use Pod within a Planned Industrial Development district (PID) which individual technical site plans and buildings as processed by staff the Technical Re'/iev.' Committee (TRC) are to be consistent. Plan requirements of Master Site Plans are defined herein. 45 April 3, 2007 MASTER STORM WATER MANAGEMENT PLAN - Documents outlining proposed primary and secondary drainage and storm water treatment facilities. MA TERIAL (FILL) - Sand, clay, rock, muck, gravel, loam or like materials existing or hauled to the site. MEAN SEA LEVEL - }.1ctm sca IC'e'C! the The average elevation of the sea for all stages of the tide. The term is synonymous with national geodetic vertical datum (NGVD). MEDIAN HOUSEHOLD INCOME (MHI) - Under the Workforce Housing Program provisions of these regulations, it is the Palm Beach County Median Household Income, adiusted for family size, as published by the Department of Housing and Urban Development (HUD). MEDICAL OR DENTAL IMAGING / TESTING - An establishment that is primarily entzaged in providing analytic or diagnostic services, including body fluid analysis and diagnostic Imagmg. MEDICAL OR DENTAL LABORATORY - An establishment that offers diagnostic or pathological testing and analysis of blood. blood fluids, pathological specimens, DNA sampling and analysis, and any other diagnostic test commonly used in the healthcare industrv. This use also includes dental laboratories, which are establishments primarily engaged in manufacturing dentures, crowns, bridges, and orthodontic appliances customized for individual application. MEDICAL OR DENTAL OFFICE -A facility operated by one or more physicians, dentists, chiropractors. or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. This use excludes patients of ME NT AL HEALTH OR SUBSTANCE ABUSE CENTERS. MEDICAL EQUIPMENT & SUPPLIES - An establishment primarily engaged in manufacturing medical equipment and supplies. Examples of products made by these establishments are laboratory apparatus and furniture, surgical and medical instruments, and surgical appliances. MEDICAL OUTP}"1TIENT FACILITY l.1cdiml outp6lticntfacility. i\n establishment where patients who are not lodged overnight, but are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. MERCHANDISE. NEW (SUPERCENTER. DISCOUNT. DEPARTMENT. CLUB) - An establishment primarily engaged in retailing a wide range of the following new products with no one merchandise line predominating: appareL furniture, appliances and home furnishings; and selected additional items, such as paint hardware, toiletries, cosmetics, photographic equipment, iewelry. tOYs, and sporting goods. Clubs and Supercenters include perishable items. 46 April 3, 2007 MERCHANDISE. USED (ANTIQUE SHOP) - AntitlTic shof]s at ATictial1 hOTisc. An establishment primarily engaged in the retail sales of obiects of value. of which. are at least 50 years old and / or collectibles that are desirable due to rarity. condition. utility, or some other unique feature. ,,^..nv premises used for the retail sale, trading or auction of articles of v/hich eighty percent (80%) are over fifty (50) years old or have collectible value. .^..ntique shop or ,,\uetion house does not inelude "secondhand store" or auction of used merehandise. MERCHANDISE. USED (CONSIGNMENT. PAWNSHOP. THRIFT) - An establishment primarily engaged in the sale of used merchandise which includes one of the following: (1) secondhand sales of personal items resold through a broker (consignment): (2) loaning money on the security of pledges of personal property (pawnshop): or (3) merchandise principally donated (thrift store). This classification does not include the sale of secondhand motor vehicles, parts. or accessories. MET AL. F ADRI CA TED PRODUCTS - An establishment primarily engaged in manufacturing one or more of the following: (1) prefabricated metal buildings, panels and sections: (2) structural metal products: and (3) metal plate work products. These establishments transform metal into intermediate or end products, other than machinery, computers, and electronics. Processes may include, stamping, bending, forming, and machining, used to shape individual pieces of metal: and other processes, such as welding and assembling, used to ioin separate parts together. This use excludes drop forging. MICROW AVE DISH ANTENNA J.licrowfr;c dish tmtc11118 - A dish-like antenna used to link personal wireless service sites together by wireless transmission of voice or data. MILL ,,'ORK Manufacturing oflumber and ';lood patterns, stock and workings, including, but not limited to, manufacturing of wooden flooring, shingles, doors, windovt's, frames, trusses, stairs and other fabrieated structures; veneer, pl)";lood and railings, wood pallets and containers, wood buildings and turned or shClfJed wood products. MINIMUM FLOOR AREA, MINlMUM The area of the floor or floors measured from the centerline of the exterior walls to the centerline of dividing walls. The area for garages, roofed- over screened porches and utility rooms shall be credited for fifty (50) percent of floor area. Open porches and carports shall be credited with twenty-five (25) percent of floor area. Accessory buildings shall not count as floor area ifnot accessible from the interior of the building. Not more than ten (10) percent of any minimum floor area shall be credited to screened-in porches or breezeways. MININC Removal of materials from a site in quantities exceeding what is physically necessary to de','elop the site. Mining is prohibited in the City of Boynton Beach. :MINOR REPAIRS They shall include engine tlHle up, carburetor repairs, wheel balancing and replacement and/or repair of external parts of engines. MITIGATION. WCF - Under the provisions of the Wireless Communication Facilities section of these regulations. it is a modification of an existing antenna support structure to increase the height. or to improve its integrity. or to replace or remove one or several antenna support structure ( s) located in proximity to a proposed new antenna support structure in order to 47 April 3, 2007 encourage compliance with this ordinance or improve aesthetics or functionalitY' of the ov~x..aJI wireless network. MIXED USE DEVELOPMENT - },lixea. use dc'?ewf3l'11e1'lt. /~ combination oft,.'<'o (2) or more uses on a single parcel, tract or development pod. In the Mixed Use High Intensity Zoning District, this shall consist of a structure or series of structures containing retail office and residential uses arranged vertically. In the Mixed Use Low Intensity and Suburban Mixed Use Zoning Districts, mixed use can refer not only to uses within single buildings, but to differcn~ uses mixed in close proximity in a single development. The development of a single building or single parcel to contain two or more of the following types of uses: residentiaL retail/commerciaL office or institutional. Mixed uses may be combined vertically within the same building or placed side by side on the same parceL provided that they are in close proximity. planned as a unified and complementary whole and functionally integrated to make the use of shared vehicular and pedestrian access and parking areas. :MIXED USE DEVELOPMENT },lixea. blse development. The development of a single building or single parcel to contain two or more of the follo'.ving types of uses: residentiaL retail/commercial. office or institutional. Mixed uses ma'!' be combined vertically 'Nithin the same building or placed side bv side on the same parceL provided that they are in close prmcimity. planned as a unified and complementary '.vhole and functionally integrated to make the use of shared ','ehicular and pedestrian access and parking areas. MIXED USE POD - I._Mixed Use Pod components and definition. a. For the purpose of this subsection, a Mixed Use Pod is defined as a A development project located entirely within a previously approved Planned Industrial Development (PID} which, when complete, will have aJ' of the following uses: 1) Multi-family residential;,..)) Commercial/retail; and 3) Office anu professional. The residential component of the Mixed Use Pod may include fee simple and rental dwelling units. A Mixed Use Pod is the aggregate of all land within the PID designated for mixed use. MOBILE HOME - A manufactured detached, transportable, single family dwelling unit designed for long term occupancy and arriving at the site where it is to be occupied as a complete dwelling unit, containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems. To retain mobility, undercarriage and axles must remain attached to the unit. MOBILE HOME SUBDIVISION fP ARKt - A subdivision ofland for the sale of mobile home lots. MODERATE INCOME HOUSEHOLD - Under the Workforce Housing Program provisions of these regulations. it is a household with a gross. combined income between 80% and 120% of the Palm Beach County Median Household Income (as defined by the Florida Housing Finance Corporation ). MONOPOLE TOWER - See "ANTENNA SUPPORT STRUCTURE. MONOPOLE". 48 April 3, 2007 MONOPOLE TOWER },{enofJelc tewer .\ telecommunication tower consisting of a single pole or spire self supported by a permanent fOlHldation, constructed without guy wires and groood anchors. MONUl\1:ENT SICN .\ freestandiFlg sign situated directly on the ground or moooted completely along the bottom of the sign cabinet to a low profile base or pedestal. l\1:0TEL .^.. building or group of buildings which contains sleeping accommodations for transient oeeupancy, and has individual entrances to serve such sleeping lHlits. No pro'/isions shall be made for cooking in any individual room. Motels may have one or more dining rooms, resta-urants or 10lHlges as accessory uses. MOTEL },fetel. A building or grOUP of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum often (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. MOTEL APARTMENT - Any motel building containing a mixture of sleeping rooms and apartment suites for transient guests only, and which shall not serve as the primary or permanent residence of the occupants. Buildings designed as motel apartments shall have not more than one-third of the total units devoted to apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Motel apartment suites shall have a minimum gross floor area of five hundred (500) square feet. MOTOR VEHICLE - See "AUTOMOBILE". MOTOR VEHICLE SEATING & INTERIOR TRIM -Anestablishmentprimarilyengaged in manufacturing motor vehicle seating, seats, seat frames, seat belts, and interior trimmings. MOTOR VEHICLE. WRECKED - See "WRECKED MOTOR VEHICLE". MUL TIF AMIL Y D "TELLIN C .\ building or other shelter that has been divided into separate lHlits to house more than one (1) family. MUL TIPLE-POINT LOCK - },/ultil]le 130int lock is Is a system of lever-operated bolts that engage a door opening, at least at the head and sill, operated by a single knob or handle from the inside and, optionally, by a cylinder-locked handle from the outside. MUNICIPALITY - The City of Bovnton Beach, Florida. MURAL - Any mosaic, painting, or graphic art or combination thereof, which is professionally applied to a building. Such mural shall not contain any brand name, product name, abbreviation thereof, company or business name or logo, trademark or other commercial message. MUSEUM. HISTORICAL & CULTURAL - An institution that engages in the preservation and exhibition of obiects, sites, and natural wonders of historical, cultural, and I or educational value. 49 April 3, 2007 NA TIONAL GEODETIC VERTICAL DATUM (NGVD) - ]'/ational l?codctic vcrtical datum (}lGVD) - a A vertical control used for establishing varying elevations within the floodplain. NATIVE FLORIDA ECOSYSTEMS - Native Florida Ecosystems: A self-organized ecosysten of a type existing in Florida prior to European colonization and containing predominantly native specIes. NEW CONSTRUCTION - lkw cal1structiol1 - Structures structures for which the "start of construction" commenced on or after the effective date ofthis article. NEWSRACK - .\T.c,I'srecks. Any tyPe of unmanned device located on f*lblie property utilized for the vending of free distribution of newspapers or new periodicals. NEWSST AND - .Vc)l'sstEmd. A stall, booth, or store where newspapers and magazines are sold. NIGHTCLUB~ - ]'"Tight CluB. See "BAR & NIGHTCLUB". "^' facility operated as a commercial establishment in which eating and/or drinking takes place, where alcoholic beverages are served and where the provision of entertainment is the primary activity. Entertainment includes music by a live musician or musicians, or any mechanical, electronic, or other means such as records. laserdiscs, audio, video, or other audio or audio visual means. Including acting, play performances, dancing, song and dance acts participated in by one or more employees, guests. customers or other person or persons. "-\n establishment that provides background music, which is clearly incidental and allows for normal conversations levels, shall not be considered a night elOO-: NOVELTY. GIFT. SOUVENIR & MISCELLANEOUS - An establishment primarilv engaged in retailing new gifts. novelty merchandise. souvenirs. greeting cards. seasonal and holiday decorations. and curios. This use would also include Christmas & holiday shops. tobacco & news stores. and the like. No used merchandise is sold at these establishments. NUMBER ]'lumber. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. NURSERY SCHOOL !..ND/OR PRESCHOOL FI..CILITIES and/or socializing center for children. See "DAY CARE". /\ supervised training NURSERY. GARDEN CENTER. & FARM SUPPLY - An establishment primarily engaged in retailing nursery and garden products. such as trees. shrubs. plants. seeds. bulbs. and sod. that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they llrow themselves. NURSING HOME OR CONVALESCENT HOME - See "GROUP HOME" A residential facility which is included under the definition of "nursing home facility", "facility", or "related health care facility home" as set forth in Chapter 1 00, Part I, Florida Statutes, except that this definition shall apply to facilities of any capacity. 50 April 3, 2007 OATH - f}.eHh. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" or "sworn" shall be equivalent to the words "affirm" and "affirmed." OBLIGOR - Anv person or entity who is obligated to pay a park and recreation facilities impact fee pursuant to the city's Park and Recreation Facilities Impact Fee Ordinance. OCCUPANT - Occu19tlnt - Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit. OCCUPATIONAL LICENSE - See "BUSINESS TAX" /\ license to operate a business, profession, occupation or other operation '.vithin the eity limits, '.vhich is issued in accordance with Chapter 13 of the City of Boynton Beach Code of Ordinances. OFFICE SUPPLIES & STATIONERY - An establishment primarily engaged in one or more of the following: (1) retailing new stationery, school supplies, and office supplies; (2) selling a combination of new office equipment. furniture, and supplies; and (3) selling new office equipment, furniture, and supplies in combination with selling new computers. They exclude the sale of used merchandise. OFFICERS / AGENCIES - Officers, agencies. Wherever reference is made in this Code or Regulations to any officer or agency, such as "city manager," "the mayor," "the city clerk," "planning and development board," and so forth, such reference shall be construed to mean such officer or agency of the city and shall include the duly authorized subordinates or personnel of such officer or agency. OFF PREMJSES SICN "^~ sign ad'lertising an establishment, merchandise, serviee or entertainment, which is sold, produced, manufact1.ffed and/or furnished, at a place other than the property on which said sign is located. OFF -PREMISES STORAGE - Storage which is not located on the same parcel as the principal use to which such storage is an accessory use. ON-PREMISES - At the place of business of a particular use, including the entire lot or parcel and any structure thereon, as opposed to on the customer's premises. ON PREl\HSES SICN "^~ sign or sign device, indicating the business transacted, services rendered, goods sold or produced on the premises, including the name of the business, person, firm or corporation occupying the premises. Such sign shall be located where the use, for which the sign is identifying or advertising, is located. OPEN SPACE - A required exterior open area clear from the ground to the sky devoid of residential and commercial buildings, and accessory structures. 51 April 3, 2007 OPEN-AIR PAVILION (GAZEBO. TIKI HUT. CHICKEE HUT) - A detached ancillary structure, open on all sides, with a roof of some type, used for recreationlentertaininl2: purposes. OPENING - OpcniYlf! is Is a section of wall into which a door or an operable window is installed. OR. AND - Or, 6lnd. "Or" may be read "and," and "and" may be read "or" if the sense requires it. ORGANIZA TION. CIVIC & FRATERNAL - A registered association of persons for the promotion of some lawful. non-profit common obiective, involving: literature, science, politics. or community service, which meets periodically and is limited to members and guests. ORNAMENT AL. CHINA. FINE EARTHENWARE. & POTTERY - An establishment primarily engag:ed in the manufacturing: of earthenware. stoneware, and pottery products, such a' dinnerware, art, and ornamental items. OUTFALL - A pipe which discharges treated stormwater into waterways. OUT -PATIENT MENTAL HEALTH & SUBSTANCE ABUSE - An establishment with medical staff primarily engaged in providing outpatient services related to the diagnosis and treatment of mental health disorders and alcohol and other substance abuse. These establishments generally treat patients who do not require inpatient treatment. They may provide a counseling staff and information regarding a wide rang:e of mental health and substance abuse issues and/or refer patients to more extensive treatment programs, if necessary. SuhstaBee ahuse eeBter. A facility used primarily for the treatment of individuals for alcohol or drug abuse. OWNER - That person or legal entity reflected on the public records of Palm Beach County as the owner of real property upon which a structure has been completed. P.\CK\CE LIQUOR STORE P6lck6lf!c li(;fblor storc. 1^...n establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises. PACKING & SHIPPING. TRUCKING. AND MOVING - An establishment primarilv ell!?aged in packing, crating, and otherwise preparing goods for transportation. These establishments provide over-the-road transportation of carg:o using motor vehicles, such as trucks and tractor trailers. 52 April 3, 2007 PAINT. COATING & ADHESIVE - An establishment primarily engaged in the mixing and blending of pigments, solvents, and binders into paints and other coatings, such as stains, varnishes, lacquers, enamels, shellacs, and water repellant coatings for concrete and masonry. P}1INTED 'VALL SICN including the roof. .^.. sign painted on any exterior surface ofthe building or struetlKe, P }1NEL }'1NTENN.\ P and antenna an array of antennas designed to concentrate a radio signal in a particular area. PARAPET - The extension of the main walls of a building above the rooflevel. for the purpose of safety, screening rooftop equipment, and/or containing roof run-off. A parapet, as defined herein, is intended to fully encircle/encompass the roof, not be one, or a series of smaller extensions above the roof line. .^.. false front and/or wall extension above the roof line. P.A...R.\PET SICN .^.. sign placed completely on the face of a parapet. PARK - .^.. park, An open space, reservation, playground, beach, recreation, center or any other area in the city, owned, or used by the city, and devoted to active or passive recreation. P.\RK "^.. publie park within the city that is not ovmed or operated by the county. PARKING LOT - Any outdoor or partially enclosed or enclosed space, plot, yard or any portion thereof, which is utilized for the parking or storage of vehicles, 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 parking stalls are exempted from this definition.) PARKING SPACE (STALL) - A surfaced area, enclosed or unenclosed, sufficient in size designed to store one automobile, together with a driveway or drive aisle connecting the parking space with a street or alley and permitting ingress and egress of an automobile. PARKING SPACE. TANDEM - Provisions within certain zoning districts allowing the +he placement of parking spaces one behind the other, so that the space nearest the driveway, aisle, or street access serves as the only means of access to the other space. 53 April 3, 2007 P.\R..'{lNC ST}1LL A surfaced area, enclosed or unenclosed, sufficient in size to store one ill vehicle automobile with a minimum v/idth of nine (9) feet and a minimum length of eighteen ( 18 \ feet.: PARKING STRUCTURE - A structure or portion thereof composed of one (1) or more levels of floor used for the parking of motor vehicles. A parking structure may be fully below grade or either partially or fully above grade with floors or levels being either open or enclosed. PARKING STRUCTURE. WRAPPED - Wrapped perking structure. A parking structure that is enveloped fully or partiallv wrapped with habitable or leaseable space to disguise the actual function of the structure. A fully wrapped parking structure is one in which the garage component, other than the access drive, cannot be seen from any elevation. A partially wrapped parking structure is one in which the garage component extends above the habitable or leaseable space and can be seen from one (1) or more elevations. PAR.T(lNC, T.A1NDEM The placement of parking spaces one behind the other, so that the space nearest the driveway, aisle, or street access serves as the only means of access to the other spare. PASSENCER C}1R RENT.\L Establishments primarily engaged in renting passenger ne'.\' or old automobiles without drivers on a short term basis. This term excludes those establishments engaged in passenger car retail leasing and taxi and limousine services. PARTIES IN INTEREST - Partics in interest All individuals, associations, partnership~ corporations and others who have interest in a dwelling or who are in possession or control thereof, as agent of the owner, as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. PAWN SHOP - LA,. shop VI here money is lent in exchange for personal property left as security. See "MERCHANDISE, USED". PERMANENT CONTROL POINT (PCP) - "Permanent control point" shall be considered a reference monument as outlined within these regulations. PEAK SEASON POPULATION The year round population of the ~ city, Palm Beach County, the development project, or other portion of the city or calmty, as the context may require, using the methodology set forth in the comprehensive plan support documents. PERIMETER The entire outer boundary of the sign, not including the supporting structural members. 54 April 3, 2007 PERMANENT REFERENCE MONUMENT (PRM) - A permanent reference monument which must consist of a metal rod having a minimum length of 18 inches and a minimum cross- section area of material of 0.2 square inches. In certain materials, encasement in concrete is optional for stability ofthe rod. When used, the concrete shall have a minimum cross-section of 12.25 square inches and a minimum of 24 inches long. The PRM shall be identified with a durable marker or cap with the point of reference marked thereon bearing either the Florida registration number of the professional survey and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters "P.R.M.". The PRM shall also be detectable with conventional instruments for locating ferrous or magnetic obi ects. If the location of the "P .R.M." falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable. PERMITTED USE - See "USE, PERMITTED". PERMITTEE - Under the Sidewalk Cafe provisions of these regulations, it shall be the lawful holder of a sidewalk cafe permit obtained pursuant to the terms and provisions of these regulations this article. PERSON - Any natural person, firm, co-partnership, association or corporation. PERSONAL CARE (BEAUTY. HAIR. NAILS - An establishment primarily engaged in one or more of the following: (1) providing hair care services: (2) providing nail care services: (3) providing facials or applying makeup (except permanent makeup): (3) tanning salons and the like: and (4) day spas, including accessory massage / aromatherapy. PERSONAL WIRELESS SERVICE - Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996, as amended from time to time. PET CARE (BOARDING AND DA YCARE) - An establishment primarily engaged in the keeping of animals for short -term purposes (daycare) or for extended periods of time (boarding). This use excludes indoor / outdoor commercial kennels, animal shelters (dog pound), and breeders. PET CARE (GROOMING) - An establishment engaged in grooming and / or training pets. It excludes overnight boarding, pet sitting, and veterinary services. PET CARE (VETERINARY SERVICES) - An establishment of licensed veterinary practitioners that is primarily engaged in the practice of veterinary medicine, dentistry, or surgery for animals: and an establishment primarily engaged in providing testing services for licensed veterinary practitioners. This use excludes indoor / outdoor commercial kennels. PET STORE & SUPPLIES - An establishment primarily engaged in retailing pets, pet foods, and pet supplies. Pet grooming and veterinary services (excluding boarding) are permitted accessory uses. PHARMACEUTICAL & MEDICINE - An establishment primarily engaged in one or more of the following: (1 ) manufacturing biological and medicinal products: (2) processing (i.e., grading, 55 April 3, 2007 grinding, and milling) botanical drugs and herbs~ (3) isolating active medicinal principals from botanical drugs and herbs~ and (4) the collection. destruction. disposal. or other related processes. PHARMACY & DRUG STORE - An establishment primarilv engaged in retailing prescriPtio, or nonprescription drugs and medicines. PHOTOGRAPHY STUDIO - An establishment also known as a portrait studios is primarilv engaged in providing still. video, or digital photography services. PLA...CE8 OF .:\88EMBL Y Buildings and facilities on a lot or parcel of land specifically designed for assembly, '.vhich may include churches, temples, and other places of worship: theatres, auditoriums, conference centers, clubs, lodges, and fraternal organizations. PLANNED COMMERCIAL DEVELOPMENT (PCD) - Land under unified control. uniformly zoned, planned, approved and developed as a single development operation or as a programmed series of phased development operations for commercial buildings and related uses and facilities in accordance with an approved master plan. Land under unified control, planned and developed as a whole in a single development operation or a programmed series of development operations for commercial buildings and related uses and facilities; pro'.'ides for a commercial district of efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas and developments; is developed according to comprehensive and detailed plans for streets, utilities. lots, building sites, etc., and site plans, floor plans and elevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans for other uses and improvements on the land related to the buildings; and includes a program for full provisior maintenance and operation of such areas, improvements, facilities and services for common use by the occupants of the planned commercial development. PLANNED INDUSTRIAL DEVELOPMENT (PID) - Land under unified control. uniformlv zoned. planned, approved and developed as a whole in a single development operation or a programmed series of phased development operations for industrial buildings and related uses and facilities. in accordance with an approved master plan. Land under unified control, planned and developed as a 'Nhole in a single development operation or an appro'.'ed programmed series of development operations for industrial buildings and related uses and facilities; provides for an industrial district of efficient and harmonious design so arranged as to create an attractive project readily integrated with and ha'.'ing no adverse effect on adjoining or surrounding areas and developments; is developed according to comprehensive and detailed plans for streets, utilities, lots, building sites, etc. and site plans, floor plans and elevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans for other uses and impro'.'ements on the land related to the buildings; and includes a program for full provision. maintenance and operation of such areas, improvements, facilities and services for common 'HS-e by the occupants of the PID, but will not be provided, operated or maintained at public expense. PLANNED UNIT DEVELOPMENT (PUD) - Land under unified control. uniformly zoned. planned, approved and developed as a whole in a single development operation or a programmed series of phased development operations for dwelling units and accessorv uses and facilities. in accordance with an approved master plan. Land under unified control, planned and developed a. a whole in a single development operation or an appro'/ed programmed series of development operations for dwelling units and related uses and facilities; includes principal and accessory uses 56 April 3, 2007 and struct1.Hes substantially related to the character of the development itself and the surrounding area of which it is a part; is developed according to comprehensi',e and detailed plans which include streets, utilities, lots, building sites and the like and site plans, floor plans and elevations for all buildings except for single family homes intended to be located, constructed, used and related to one another, and detailed plans for other uses and impro',ements on the land related to the buildings; includes a program for full pro',ision, maintenance and operation of such areas, improvements, facilities and unit development, but will not be provided, operated or maintained at public expense. PLANNED ZONING DISTRICT - A zoning district in which the zoning of the property to same is accompanied by and conditioned upon an approved master plan for the use and / or development of the property. PLASTIC PRODUCTS - An establishment primarily engaged in processing and fabricating new or recycled plastic resins into a variety of intermediate or final products, using such processes as molding and casting. PLAT - A map or delineated representation of the combining, or subdivision of lands, being a complete, exact representation of the subdivision and other information in compliance with all requirements of all applicable provisions of Chapter 177, Fla. Stat., and may include the terms "record plat", "replat", amended plat''. or "revised plat". .^~ map depicting the diyision or subdivision ofland into lots, blocks, parcels, tracts or other portions in accordance with Chapter 177, Florida Statutes, as amended. BOUNDARY - A map or delineated representation for recordation of the combination of multiple pieces, tracts or lots into a single parcel for development purposes prepared, approved, and recorded in accordance with the requirements and procedures for a plat pursuant to Chapter 177, Fla. Stat. PL\ T FINAL - A finished plat including all signatures required for recordation except those signifying approval by the City. _.^~ finished map of a subdivision accurately showing all legal requirements of Chapter 177 F.S. and the requirements of this ordinance. PRELIMINARY - A COpy of the plat in sufficient form to readily compare the plat with the development plan, subdivision plan and the construction plans. PLAT OF RECORD - A plat which conforms to the requirements ofthe applicable state laws and City codes, and is subsequently recorded in the Public Records of Palm Beach County, Florida. .\ recorded final plat. PLUMBING - Includes all of the following supplied facilities and equipment: Gas pipes, gas- burning equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines. POINT OF COMPOUND CURVATUR- See "SURVEY DATA". 57 April 3, 2007 POINT OF CURVATURE- See "SURVEY DATA". POINT OF REVERSE CURVATURE- See "SURVEY DATA". POINT OF TANGENCY- See "SURVEY DATA". POLITICAL SICN political purposes. ,\ sign erected by a political candidate, group or agent thereof, for POST OFFICE - A government operated facility that provides mail delivery services, post office boxes, offices, vehicle storage areas. and sorting and distribution facilities for mail. POSTAL / MAIL CENTER - An establishment primarily engaged in providing packing / shipping services. mailbox rental and other postal and mailing services (except direct mail advertising) in coni unction with sales of related merchandise / supplies. PREMISES .\ parcel of land comprised of one (1) or more lots for ,<,.hich a site plan has been approved, if required, by the appropriate governmental body. If site plan approval is not required, the word "premises," for the purpose ofthese regulations, shall mean a parcel of land, '.'lith its appurtenances and buildings, comprised of one (1) or more lots having unity of use. PREMISES Premises A platted or unplatted lot or parcel ofland either occupied or unoccupied by any structure. PRESERVATION - The perpetual maintenance of areas in their original state. PRINCIP AL USE - See "USE. PRINCIPAL". PRI";\. TE CLUB. LOnCE. .A1Nn FR.A... TER.~"-\L ORCANIZ.-\ TION Private Clubs. Lodf!cS and Fraternal OrWHi:wtial1s. }~ facility used to house a registered non profit or not for profit social. sports or fraternal organization for the primary purpose ofha':ing private meetincs for their membership, and may include thc serving of meals and/or alcoholic be'/erages for the cmclusive use of the members and their r;uests, and where access to the general public is restricted. PRI'/,A1 TE COM,MUNITY ANTENNA SYSTEM ,\ system of equipment designed to receive and distribute television and radio signals serving a minimum of ten (10) residential units in a condominium or nonprofit homeovmers' association. PROFESSIONAL OFFICE - See "BUSINESS OR PROFESSIONAL OFFICE". PROFESSIONAL SURVEYOR ANn MAPPER - See "SURVEYOR AND MAPPER, PROFESSIONAL" PROFILE. LEAST VISUALLY OBTRUSIVE - The design of a wireless communication facility intended to present a visual profile that is the minimum profile necessary for the facility tl properly function. 58 April 3, 2007 PROHIBITED USE - "See USE, PROHIBITED". PROPERTY OWNERS' ASSOCIATION (POA) - An organization under the laws of the State, operated under recorded maintenance and ownership agreements through which each owner of a portion of a development or subdivision, be it a lot. home, property or any other interest, is automatically a voting member. and each such member is automatically subiect to a charge for a prorated share of expenses, either direct or indirect. for maintaining common properties within the development or subdivision. such as roads. parks, recreational areas, common areas. and other similar properties. A property owners' association is considered to be a single entity for property ownership as it relates to platting, The term "property owners association" shall also be deemed to include a homeowners association. condominium association or cooperative (apartment) association. as defined in Chapter 711. Fla. Stat.. as amended. having a life tenure of not less than twenty (20) years; as well as a third party having an agreement with a condominium or cooperative association as permitted by Chapter 711. Fla. Stat.. as amended. An organization operated nnder recorded maintenance and oVrnership agreements made up of every ovmer of a portion of a subdivision. Each o\vner is automatically a 'foting member and subject to a prorated share of the common property maintenance costs. .\ property O'Nners' association, as used in this ordinance, is synonymous ','lith homeo'Nners' association and/or condominium association as defined in Chapter 711, Florida Statutes, 1971, as amended. PRM - See "PERMANENT REFERENCE MONUMENT". PUBLIC AGENCY - Any government or governmental agency. board. commission. authority or public body of Palm Beach County, the State of Florida. or of the United States government. or any legally constituted governmental subdivision or special district. PUBLIC ART FUND - means a - A separate, interest bearing account set UP by the City to receive monies for the Art in Public Places Program. PUBLIC FACILITIES - Capital facilities for water, sewer, drainage, solid waste, parks, recreation and roads, for which levels of service have been established in the comprehensive plan. PUBLIC HALL P'blblic hall - aflV Any hall. corridor or passageway not within the exclusive control of one family. PUBLIC RICHT OF ~Tl\ Y The land wmch is dedicated for pedestrian or automotive traffic or which is dedicated for access to utilities and is, or is intended to be, permanently open for these ~ PUBLIC UTILITY - Includes any public or private utility. such as. but not limited to. storm drainage. sanitary sewers, electric power. water service. gas service. or telephone line. whether underground or overhead. Every person, corporation, partnership or association or other legal entity, their lessees, trustees or recei','ers now or hereafter, either owning, operating, managing or controlling a system or proposing construction of a system that is pro'liding or proposes to provide ',yater or sewer service, electricity, natural or manufactured gas, or any similar gaseous substance, telephone, telegraph or cable TV service to the public for compensation. 59 April 3, 2007 PUBLISHING AND COMMERCIAL PRINTING - An establishment known as a publisher or commercial printer is engaged in the publishing and / or printing of newspapers. magazines. books. other periodicals. as well as directory. mailing list. and software publishing and prin+ products. Print products may include stationery. business forms and other materials. Th-. processes used in printing or reproduction may include a variety of methods used to transfer an image from a plate. screen. film. computer file. or other medium to paper. plastics. metal. textile articles. or wood. Support activities include data imaging. platemakim! services. and bookbinding. PYLON SICN A sign that is mounted on a freestanding pole(s) or other freestanding support so that the bottom edge of the sign face is six feet or more above grade. RADIO & TV BROADCASTING - An establishment primarily engaged in operating broadcast studios and facilities for over-the-air or satellite delivery of radio and television programs. RADIO FREQUENCY EMISSIONS - Any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the g:round. antenna support structure. building. or other vertical projection. READER BOARD SIGN - See "SIGN. CHANGEABLE COPY Changeable Copy Sign." REAL ESTATE BUSINESS - An establishment primarily engaged in the renting or leasing: of real estate to others; managing real estate for others; selling. buying. or renting real estate fo" others; and providing other real estate related services. such as appraisal services. RKA~L ESTATE SICN "^~ny sign erected by an owner. or his agent, advertising the real property upon which the sign is located as for rent or sale. Such sign shall not include rooming house signs. REAL PROPERTY - The portion ofthe land or buildings contained in a legal description setting forth the boundaries of such property and legally acknowledged under the laws of the State of Florida and Palm Beach County. RECLAMATION - The filling, backfilling, restructuring, reshaping and / or revegetation within and around a land excavation or filling area to a safe and aesthetic condition. RECREATION AND ENTERTAINMENT. OUTDOOR - Recreation and entertai7'lFne11t. outdoor. An outdoor area which is principally used for active or passive recreation. and which is operated on a for-profit basis. Such uses include tennis centers and swimming pools. RECREATIONAL FACILITY - Any building or structure designated for recreational purposes such as games, sports, etc. and including adjacent property included for such use. RECREATIONAL VEHICLE - A travel trailer, camp trailer, chassis mount camper or motor home, as defined by the rules ofthe Florida Department of Highway Safety and Motor Vehicles 60 April 3, 2007 REFERENCE POINT - Any defined position that is or can be established in relation to another defined position. REMODELING OR CONVERSION - Under the Arts in Public Places Program provisions of these regulations. they are the alterations Alterations made to a building within any twelve month period. including. but not limited to. changes to the facade of a building. changes to the interior of a building. increases or decreases in the floor area of a building and changes to exterior improvements (in connection with the .^..rt in Public Places Program). REMOV.A..L Removal: "Removal oftn~es" also includes any intentional or negligent act which will cause a tree to decline and die within a period oftmee (3) years including. but not limited to. such damage inflicted upon the root system of a tree by the operation of flea','" machinery: the change of the natural grade above the root system of a tree or around the tnmk of a tree: and damage from injurl or from fire inflicted on trees ','lhich results in or permits infections or pest infestations. RENTAL / LEASING. INDUSTRIAL & COMMERCIAL EQUIP - An establishment primarily engaged in renting or leasing commercial-type and industrial-type machinery and equipment. These establishments typically cater to a business clientele and do not generally operate a retail-like or store-front facility. RENT ALS. RECREATIONAL (BICYCLES. CANOES. PERSONAL WATERCRAFT)- An establishment primarily engaged in renting recreational goods. such as bicycles. canoes. mopeds. skis. beach chairs. beach umbrellas. and the like. This use excludes the rental of boats and large marine vessels / accessories. REPAIR / MAINTENANCE. INDUSTRIAL AND COMMERCIAL EQUIPMENT - An establishment primarily engaged in the repair and maintenance of commercial and industrial machinery and equipment. This use excludes junk. salvage. and tow vards. REPAIR / MAINTENANCE. PERSONAL AND HOUSEHOLD GOODS- An establishment primarily engaged in repairing and servicing personal or household-type goods. such as gannents (tailors & dressmakers): watches: jewelry: musical instruments: bicycles and other fitness equipment: and including but not limited to: (1) reupholstering furniture: (2) refinishing furniture: and (3) repairing and restoring furniture. REPAIR. RENTAL. & MAINTENANCE OF HOME / GARDEN TOOLS - An establishment primarily engaged in the repair. rental/leasing. or maintenance / servicing of home and garden equipment. without retailing new home and garden equipment. such as lawnmowers. handheld power tools. edgers. leaf-blowers. and trimmers. REPAIR. RENTAL. & MAINTENANCE OF OFFICE. HOME EQUIP - An establishment primarily engaged in the repair. rental/leasing. or maintenance / servicing of office machinery and related equipment. such as computers. office furniture. duplicating machines (Le.. copiers). or facsimile machines. REPLACEMENT - See "MITIGATION". RESEARCH & DEVELOPMENT. SCIENTIFIC / TECHNOLOGICAL - An establishment engaged in conducting original investigation undertaken on a systematic basis to gain new 61 April 3. 2007 knowledge (research) and/or the application of research findings or other scientific knowled2e f()r the creation of new or significantly improved products or processes (experimental developmentJ, RESIDENT POPULATION The year round population of the city, Palm Beach County. tht development project, or other portion of the city or county, as the context may require. using the methodology set forth in the comprehensive plan support documents. RESIDENTIAL ZONING DISTRICT - All R-IAAA, R-IAAB, R-IAA, R-IA, R-l, R-2 and R-3 zoning districts, and those planned unit developments where the predominant land use on the approved master plan is residential. RESTAURANT - An establishment engaged in preparing, selling, and / or serving food and beverage items. Food and drink may be consumed on premises, delivered, and taken out (via pick-up or carry-out). Alcoholic beverages may be sold in combination with selling food but ultimately, the sale of food constitutes more than 51 % of its monthly gross revenue. AR establishment with an on site commercial kitchen where food and drink are prepared and served. and are consumed primarily at tables on site. "^~ restaurant may serve alcoholic beverages as a secondary activity. REST A URANT. T AKE-O UT - An Establishment engaged in preparing and selling food and beverage items for consumption off the premises, via pick-up, carry-out, or deliverv. Alcoholic beverages may be sold in combination with selling food but ultimately, the sale of food constitutes more than 51 % of its monthlv gross revenue. RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initia sale and rental and subsequent resale and releasing ofW orkforce Housing Units created under the Workforce Housing Program. The term of the Restrictive Covenant and Agreement is thirty (30) ~ RET }..IL The sale of goods only to household consumers, or office or professional equipment and supplies, for use in offices or any other sale in the form of personal property. REZONING - The legal process by which changes are made to the boundary or boundaries of a zoning district(s) or where a new boundary or boundaries are established for a zoning district( s). This process is knovm herein as a district boundary change. RI GHT -0 F - WAY - Land dedicated, deeded, used or to be used for a street, alley, walkway. boulevard, drainage facility, access for ingress and egress, or other purpose by the public, certain designated individuals. or governing bodies. /\ strip ofland dedicated or deeded in perpetuity to the public or a property owners association. RICHT OF 'VA Y shall mean land in which the state, the Florida Department of Transportation, Palm Beach County or the City of Boynton Beach ovms or has an agreement devoted to or required for use as a transportation facility or street. RO"A..D"T"A.. Y That portion of a hig;hway improved, designed or ordinarily used for vehiculm travel, exclusive of the berm or shoulder. In the e'.'ent a highway includes t\'('O or more separate 62 April 3, 2007 roadways, the term "roadv/ay" as used herein refers to any such roadway separately, but not to all such roadways eolleeti'lely. ROOF SICN }~ sign erected upon or above a roof of a building, or above or partially abo';e a parapet of a building. ROOFLINE Rooflinc - The overall ridge line of the structure which does not include cupolas, elevator towers, clock towers or other features that are permitted to exceed the maximum height of the building. RUBBER PRODUCTS - An establishment primarily engaged in the processing and fabricating of natural, synthetic, or reclaimed rubber materials into a variety of intermediate or final products, excluding tire and inner tube manufacturing, retreading, and rubber reclaiming. RUBBISH - Rubbish all All combustible and noncombustible waste except garbage. RUNOFF - Precipitation discharge into waterways. The water that flows off the surface ofthe land without sinking into the soil is called surface runoff. Water that enters the soil before reaching waterways is called groundwater runoff or seepage flow from groundwater. SAFETY SIGN / WARNING SIGN - See "SIGN, SAFETY" A D.G.T. approved sign erected to identify a special safety or warning message relating to that particular location or area. S....~LE OF COODS Sale, rental or leasing of goods. SAND DUNES - &md dUlics - naturally Naturally occurring accumulations of sand in ridges or mounds landward of the beach. SATELLITE EARTH STATION - A single or group of parabolic (or dish) antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration, including the associated ground equipment and cabinets. SCHOOL. OTHER - An establishment primarily engaged in offering training in business and computer skills, cosmetology, management, and the like. This use may also include establishments primarily engaged in offering an array of short duration courses and seminars. SCHOOL. PRIMARY AND SECONDARY - A public, private, or parochial school offering instruction at the elementary, junior, or high school level in the branches of learning and study required to be taught in schools within the State. SCHOOL. TECHNICAL & TRADE - An establishment primarily engaged in offering job or career vocational or technical courses. The curriculums offered by these schools are highly structured and specialized and lead to job-specific certification. SECURITY SERVICES - An establishment primarily engaged in (1) the installation and monitoring home / business alarm systems; (2) guard and patrol services; and / or (3) picking up and delivering money, receipts, or other valuable items with personnel and equipment to protect such properties while in transit. 63 April 3, 2007 SELF SERVICE STOR}...CE F,,'\CILITY (M.INI "TAREHOUSES) 1\n enclosed storage facility of a commercial nature containing independent, fully enclosed bays '.",hich are leased to persons exclusively for dead storage of their household goods, personal property, or records fo commercial businesses. Except as otherwise allowed by Section 11.0 Self Service Stora;e Facilities (Mini warehouses) of the Zoning Code, storage bays shall not be used to manufacture. fabricate or process service or repair vehicles, boats, small engines or electrical equipment, or ~o conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site. The term "Self Service Storage Facilities" includes the follm,ving: Limited access self storage facilities, ""hich have limited access points from the exterior of the building to interior halls that serve individual storage bays: and, multi access self storage facilities, which have multiple access points from the exterior of the buildin; to individual bays and may have one access point for each storage bay. SELF SUPPORT.' LATTICE TO"TER Self support/lattice [Olver /~ telecommunication tower that is constructed ',yithout guy wires and ground anchors. SETR'\CK l\ line nmning a certain distance bacl~ from and parallel to the base, front, side or rear property line which provided the separation wherein no building, structure or portion thereof shall be permitted, erected, constructed or placed unless specifically permitted by the Code. SEWER / SEPTIC & WASTE MGMT CLEANING - An establishment primarily engaged in (1) pumping (i.e., cleaning) septic tanks and cesspools and/or (2) renting and/or servicing portable toilets. This use also includes establishments primarily engaged in providing waste managemen services such as sewer. catch basin, and grease trap cleaning. SEWERAGE SYSTEM, CENTRAL - A system of pipes, pumps, tanks, etc. for the collection and disposal of sewage, in accordance with the requirements of requisite government agencies. SEWERAGE SYSTEM, INDIVIDUAL - Pipes, tanks and subsurface absorption field, or other approved treatment device, for handling and disposing of sewage wastes for a single user. SHEL TER - Shelter. A facility, which is not a hotel or motel. used primarily for providing free or very low-cost short-term lodging for individuals who would otherwise be homeless. SHOOTING RANGE. INDOOR - The commercial use of a building or structure for archery and / or the discharging of firearms for the purposes of marksmanship. recreation, or temporary competitions. A facility designed or used for shooting at targets with rifles, pistols, arrow, or shot;uns, and which is completely enclosed within a buildinG or structure. SHOPPING CENTER - A group of retail commercial and/or service establishments planned, developed, managed and operated as a unit, SHRUBS "Shrubs": Sh..-ub shall mean a bushy, woody plant, usually with seyeral permanent stems. and usually not oyer ten (10) feet high at its maturity. 64 April 3, 2007 SIDEWALK - shall mean that That portion of the right-of-way which is located between the curbline or the lateral line of a street and adiacent property line and which is intended for use by pedestrians. SIDEWALK CAFE - Chairs and tables temporarily placed within the sidewalk area that directly abut a business operating as a RESTAURANT shall mean the placiFll:, locating, or permittinc: of the placing and loeating of ehairs and tables viithiFl the sidewalk area adiacent to a business licensed to operate as a restamant or a nightclub as defined in the Code. SIDE'''.''..LK OR SAND"'ICH SICN ,^.. moveable sign not secmed or attached to the ground. SIGHT DISTANCE - The minimum extent of unobstructed vision in a horizontal and vertical plane. SIGHTSEEING & SCENIC TOURS- A business office for an operation that utilizes transportation equipment to provide recreation and entertainment. The activity is local in nature, usually involving a same-day return to the point of departure. SICN Every billboard, ground sign, vrall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, avming and canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the business or other interests of any person or entity when placed out of doors in vie'?' of the general public. SIGN - ~ Includes any letter, figure, character, mark, plane, point, marquee sign, design, poster. pictorial. picture, banner, stroke, stripe, line, trademark or reading material which shall be constructed, placed, attached, painted, erected, fastened, manufactured or displayed in any manner whatsoever for the purpose of informing of or advertising about the nature, type or quality of goods, services or activities available: or to advertise the name of any firm, corporation business or any other enterprise, or its nature, type or quality of goods, services or activities: or to attract to or identify any of the aforementioned or by its nature, act to draw attention to a business. &rerv sil:31 shall be classified and shall conf-orm to the requirements set forth in this chapter. ABANDONED - Sign which no longer identifies or advertises a bona fide activity, where the activity has been abandoned or does not possess a current occupational license. ADVERTISING STRUCTURE - A sign structure erected or intended for advertising purposes, with or without advertisement display thereon, situated upon or attached to real property. ANIMA TED OR FLUTTERING - A sign which uses devices to generate movement by either mechanical, electrical or natural methods. 65 BLADE- A small, pedestrian oriented sign that proiects perpendicular from the buildin!! or is hung beneath a canopy/covered walkway. BUS BENCH - A bench or seat with graphics, symbols and/or copy affixed against any surface. BUS SHELTER - Graphics, symbols and/or copy affixed to any surface of a public transit shelter. CHANGEABLE COPY - A sign of permanent character, but with removable letters. words or numerals, indicating the names or persons associated with, or events conducted upon, the premises upon which a sign is erected. This sign may be erected as a part of, freestanding sign. COMBUSTIBLE - Any sign or sign structure which will ignite or support flames and which has a low flame point. Prime examples of combustible signs would be wood, non- D.L. approved plastics, cloths, etc. April 3, 2007 66 April 3, 2007 COVERED W ALKW A Y AND ARCADE SIGN - A sign which is perpendicular to the building face and is suspended from, attached to, supported from or forms part of, a covered walkway and is rigid. DIRECTIONAL - (1) On-premises, incidental signs designed to guide or direct pedestrians or vehicular traffic. (2) Signs erected or permitted by the city, Palm Beach County, State of Florida or the United States Government or agency thereof, for the direction or safety ofthe public. (3) A sign, notice,-or symbol as to the time and place of regular civic meetings and religious services. DIRECTORY - A freestanding or flat sign listing only the name andlor use or location of more than one (1) business, activity or profession conducted within a building, group of buildings or commercial center. DOOR - See "SIGN, WINDOW", DOUBLE FACED - A sign with two (2) faces which are back to back with no more than a forty-five (45) degree angle between the faces. ELECTRICAL - A sign or sign structure in which integral electric wiring, connections andlor fixtures are used and connected to an electric source and meeting the requirements of the National Electrical Code. 67 FIXED PROJECTION SIGN- A sign, other than a flat sign, which extends outward for more than eighteen (18) inches from the facade of any building and is rigidly affixed thereto. FLASHING - A sign, either fixed or portable, which uses or contains intermittent or a sequential flashing light source with the exception of a time or temperature sign or Dow Jones average sign which is part of a permitted commercial sign. FLAT - A sign erected parallel to, and extending not more than eighteen (18) inches from, the facade of any building to which it is attached and supported throughout its entire length by the facade of the building and not extending above or beyond the building. April 3. 2007 68 FREEST ANDING - A monument or ground-mounted sign identifying the use ofthe property upon which it is located. Ground-mounted signs may be supported by one or more poles, provided that the bottom of the sign or cabinet is no more than two (2) feet above grade and that the poles and complete length of the sign or cabinet are clad in the same or like material, completely to the ground. Alternatives to the cladding requirement may be considered if the design of the sign conforms to the architectural design of the building(s). GOVERNMENT - Any temporary or permanent sign erected and maintained by the city, county, state or federal government or any of their legal entities. GROUND - Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure. IDENTIFICATION - A non-illuminated sign affixed to the rearofa building bearing the business name and/or address of the occupant, with an area not exceeding three (3) square feet. ILLUMINATED - Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. April 3, 2007 69 MONUMENT - A freestanding sign situated directly on the ground ur Jl1oul11ed completely along the bottom of the sign cabinet to a low-profile base or pedestal OFF -PREMISES - A sign advertising an establishment, merchandise, service or entertainment, which is sold, produced, manufactured and/or furnished, at a place other than the property on which said sign is located. ON-PREMISES - A sign or sign device, indicating the business transacted, services rendered, goods sold or produced on the premises, including the name of the business, person, firm or corporation occupying the premises. Such sign shall be located where the use, for which the sign is identifying or advertising, is located. P.A1INTED "':\LL .^~ sign painted on any exterior surface ofthe building or structure, including the roof. PARAPET - A sign placed completely on the face of a parapet. . PERIMETER - The entire outer boundary of the sign, not including the supporting structural members. CUSTOMARY PLAQUE. (CUSTOMARY) - A sign identifying the address, operator's name or activity taking place within the facility, not to exceed two (2) square feet in area. April 3, 2007 70 POLITICAL SIGN- A sign erected by a political candidate, group or agent thereof, for political purposes. PROJECTING - A sign attached to, and proiecting at a right angle from, a building face or wall and maintained wholly on private property. PYLON SIGN - A sign that is mounted on a freestanding pole(s) or other freestanding support so that the bottom edge of the sign face is six feet or more above grade. REAL ESTATE SIGN- Any sign erected by an owner, or his agent, advertising the real property upon which the sign is located as for rent or sale. Such sign shall not include rooming house signs. ROOF - A sign erected upon or above a roof of a building, or above or partially above a parapet of a building. SAFETY I W}....RNINC 8ICN - A D.G.T. approved sign erected to identify a special safety or warning message relating to that particular location or area. SIDEWALK OR SANDWICH SIGN - A moveable sign not secured or attached to the ground. April 3, 2007 71 SNIPE - A sign of a temporary nature which is mounted to stakes or other objects. \\hich is utilized to advertise or display matter. SPECIAL EVENT - A sign which carries a message regarding a special event or function which is of general interest to the community and sponsored by a not-for-profit civic, religious, school or governmental organization. TEMPORARY BUSINESS IDENTIFICATION - A non-permanent, on-premise sign identifying a business location. TEMPORARY CONSTRUCTION - A sign identifying the owners. contractors. receivers, lenders and suppliers on the property where the sign is located during the construction period. Such sign may not be permitted prior to the issuance of a valid building permit for the specific site and must be removed within ten (10) days after the building permit has been finalized. VEHICULAR - A sign or sign structure attached or affixed in any manner in or to any wheeled vehicle for the purpose of advertising that business to which the sign refers. excluding such signs attached or affixed to public transportation vehicles for business advertising purposes when such vehicles belong to a fully licensed public transportation company. A vehicle shall not be used to circumvent this sign code. Vehicles with vehicular signs shall be parked in the rear of commercial or industrial establishments. WALL - A sign containing copy, graphics, symbols and/or letters placed on the wa: surface itself. WARNING - See "SIGN, SAFETY". April 3, 2007 72 April 3, 2007 WINDOW / DOOR 8ICN - Any sign which is painted on, applied to, attached to, hanging in or projected upon or within, the exterior or interior of a building glass area, including doors. For clarification purposes, signs in this definition include, but are not limited to, any identification, message, symbol, insignia, visual representation, logo type or any other form of communication. YARD SIGN - A temporary sign, not to exceed four (4) square feet, which identifies a safety feature related to the particular lot. such as "Home Security". "Beware of Dog". or "Keep off the Grass". SIGN, AREA QF - The area enclosed by the perimeter of the sign including all background material, panel, trim and color that differentiates the sign from the building, structure or object to which the sign is attached. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the area is the sum of the areas of the smallest contiguous rectangles containing a letter, symbol or continuous line or lines of advertising matter. Note: Double faced signs are calculated as single faced until there is more than a forty- five (45) degree angle between faces. SIGN CONTRACTOR, ELECTRICAL - A person licensed to install, repair, alter, add to or change, any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and is qualified to erect signs and connect to an existing sign circuit. SIGN CONTRACTOR, NON-ELECTRICAL - A person licensed by the city to install, repair, add to, paint or change non-electrical signs. SIGN FACE - The part ofthe sign that is or can be used for advertising purposes. Shall mean the surface of the sign upon. against or through which the message is displayed or illustrated on the sIgn. SIGN. ERECT-To build, construct, attach, hang, place, suspend or affix~, and shall also include the painting of signs. SIGN. HEIGHT- The vertical dimension measured from the highest point of the sign to the mean surface grade surrounding the bottom of the sign. 73 April 3, 2007 SIGN. LOGO - A symbol of a company or business. SINGLE-KEYED DEAD BOLT - Sin5!k k<:}'cd dCfld Bolt is a A lock bolt which does not have 3 spring action. This bolt must be actuated by a key from the exterior and a knob or thumb tun from the interior and when proiected becomes locked against return bv end pressure. SITE PL}....N FOR BUILDINC PERMITTINC Dra'.vings showing the location of the proposed building or structure and of every existing building or structure on the site or lot and other documents required by the director of development. SITE PLA...N FOR DEVELOPMENT OR REDEVELOPMENT Thc development plan for one or more lots submitted in compliance with Chapter 1 including, but not limited to. requirements of Section 7 therein. SKA... TINC RINK .i\ commercial establishment toot provides facilities for participant ice or roller skating 'shich is completely enclosed '.vithin a building or structure. SKY EXPOSURE PLANE - Sky Exp8surc Planc. A "sky exposure plane" is an imaginarY inclined plane beginning at maximum frontage height and rising at a ratio of vertical distance to horizontal distance as set forth in the Mixed Use zoning regulations. used for determining maximum building heights and setbacks. Adjacent to street Rear and side s a - Base height at street level a - Horizontal distance v - Vertical distance 5 - Setback SNIPE SICN L^~ sign of a temporary nature which is mounted to stakes or other objects, \vhich is utilized to advertise or display matter. SOAP & TOILETRY - An establishment primarily engaged in the mixing. blending. and packaging of cosmetics. soaps, and other cleaning compounds. 74 April 3, 2007 SOUP KITCHEN SeUf) .'citehc1'l. A facility providing free or very low cost meals or distributing free or very low cost pre paekaged foodstuffs to the public as part of a charitable acti'/ity, program or organization. SPECIAL EVENT - Any meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private facility, street sidewalk, alley, park or other place or building where the special event substantially inhibits the usual flow of pedestrian or vehicular traffic or which occupies any public area or building and preempts use by the general public. A special event shall include but not be limited to City co-sponsored events, festivals, carnivals, concerts, parades, walks. races, fund raising sales and similar gatherings, block parties, grand openings, promotions, and other similar events not specifically permitted by City Ordinance. Merchandise sales under a tent on private property which have no other related activity, i.e. food sales or entertainment are exempt from obtaining a Special Event permit however, applicant must still obtain the proper Building Permit. SPECIAL EVENT HANDBOOK - A publication issued by the City of Bovnton Beach entitled "Special Event Handbook" which sets forth procedures for the application process and City requirements for special event activities. SPECLA...L EVENT SICN .\ sign which carries a message regarding a special eyent or function which is of general interest to the community and sponsored by a not for profit civic, religious, school or governmental organization. SPECIf...L MOBILE EQUIP1\fENT Vehicles defined as such by Section 316.003, Florida Statutes. SPECIAL TY FOOD STORE - An establishment primarily engaged in retailing specialized lines of food. These types of stores include various markets (Meat, Fish, Seafood, Fruit and Vegetable), Baked goods, Confectionary and nut stores, and Health / Gourmet food stores. SPECIMEN TREE Specimen tree: }~ "specimen tree" shall mean a tree which has been determined by the iudgment ofthe city inspector to be of high value because of its type. size, age or other professional criteria, and has been so designated and that desil;nation has been officially made and promulgated as part of the official records of the City of Boynton Beach. SPORTING GOODS AND TOYS - An establishment primarily engaged in manufacturing sporting goods, fitness equipment toys, and the like. STANDARDS. CURRENT - Documents, drawings, specifications, details, laws, rules, regulations, ordinances and the like in effect on the date aH complete application or amended application, whichever is later, is submitted presented for consideration. START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), -The date a building permit is issued, provided the actual start of construction, repair, reconstruction or improvement is within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction (including a manufactured home) on a site, such as the 75 April 3. 2007 pouring of slabs or footings, installation of piles, construction of columns or any vvork beyclllcl excavation or placement of a manufactured home on a foundation. Permanent construction excludes land preparation such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection oftemporar forms; installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. STATE - ~ The words "the state" or '"this state" shall be construed to mean the State of Florida. STATE HOUSING INITATIVES PARTNERSHIP ACT - Definitions. For the purposes of this section, the definitions contained in the State Housing Initiatives Partnership Act hereinafter "the Act," Sections 420.907 et seq.. Florida Statutes. and Chapter 91-37 of the Florida Administrative Code, as amended from time to time, are adopted herein by reference. STATE PLANE COORDINATE - The system of plan coordinates which has been established by the National Ocean Service for defining and stating the positions or locations of points on the surface of the earth within the state and shall hereinafter be known and designed as the "Florida State Plane Coordinate Svstem". For the purpose of the use of this svstem. the zones established by the National Ocean Service in NOAA Manual NOS NGS 5, State Plane Coordinate Svstem of 1983. shall be used and the appropriate proiection and zone designation shall be indicated and included in any description using the Florid State Plane Coordinate SYstem. STATE ROAD - Any highway designated as a state-maintained road by the Department of Transportation. ST.A,.. TE ST.A,..NDARDS See "Department of Transportation State Standards." STEAL TH FACILITY Stealth facilitv - See "WIRELESS COMMUNICA nONS FACILITY. CONCEALED". l...ny telecommunications facility which is designed to blend into the surrounding en','ironment and v,'hich is incorporated into and is compatible with uses othef\yise permissible on site. Examples of stealth facilities include, but are not limited to. architecturally screened roof mounted antennas, antennas intee:rated into architectural elements, and telecommunication and/or personal wireless services towers designed to look like light poles. po"ver poles. clock towers. or trees. STONE CUTTING & FINISHING - An establishment primarily engaged in cutting. shaping. and finishing marble. granite. slate. and other stone for building and miscellaneous uses. This use also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones. STORAGE CONTAINER. TEMPORARY - An obiect that is designed and constructed bv the manufacturer thereof for the primary purpose of storing and / or transporting items or goods which may be used for storage purposes in lieu of storage within a principal or accessory building. Also included are operable or inoperable vehicles used for the purposes as described herein. 76 April 3, 2007 STOR...\CE OF HOUSEHOLD COODS The storage of goods by individual households of their household possessions, and excluding storage of inflammable, explosive, toxic or hazardous materials. STORAGE. BOATS I MOTOR I RECREATIONAL VEHICLES - An outdoor storage facility for the temporary storage of boats, motor, or recreational vehicles, as a principal use. This use excludes iURk: yards, salvage, or tow yards. STORAGE, OPEN - The safekeeping of any goods or products in an unoccupied space open to the sky for eventual removal not expected within seventy-two (72) hours or for continuous replacement by same or similar goods or products. STORAGE. SELF -SERVICE - An establishment engaged in the storage of personal property in facilities where individual owners control individual storage bays. This use includes both limited- access and multi-access facilities. STORM DRAINAGE - A system sufficient to prevent inundation resulting from a three-year storm which conveys storm waters to publicly dedicated and maintained drainage canals or natural waterways acceptable to the agency having jurisdiction or an alternate proposal approved by the city engineer. STORMW A TER - The flow of water which results from a rainfall event. STREET - Includes any access way such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct. circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-wav lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those access ways such as easements and rights-of- way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers, and easements for ingress and egress. "^'- public or private strip ofland '.'Ihieh affords a principal means of access to abutting property. The word street is synonymous with road, avenue, boulevard, lane, place. STREET means that portion of a rich{ of way improved, designed or ordinarily used for 'lehicular traffic or PMking. ARTERIAL - A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is an arterial road, anti as well as every street shown or described as ~arteriaC according to the current or most recent functional classification system contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended, is an arterial. /\. route providing service \vhich is relatively continuous and of relatively high traffic volume, long average trip len;th, generally higher operating speed, and high mobility importance. In addition, all United States numbered higlnvays shall be arterial roads. STREET, COLLECTOR - A route providing service which is of relative Iv moderate average traffic volume, moderate Iv average trip length and moderately average operating speed. Such a route also collects and distributes traffic between local roads or arterial 77 roads and serves as a linkage between land access and mobility needs. A street shown or described as a "collector" street according to the current or most recent functional classification system contained in the City of Bovnton Beach Comprehensive Plan. a' adopted and amended. A route providing service 'Nhich is of relati'/ely moderate avemgl traffic volume, moderately average trip length, and moderately average operatin; speed. These routes also collect and distribute traffic between local roads or arterial roads and serve as a linkage between land access and mobility needs. CUL-DE-SAC - A street terminated at the end bv a vehicular turn-a-round. ,^, circular turnaround on a local street '.'.'ith only one outlet. DK\D END "A, street '.",ith only one outlet. LIMITED ACCESS - A highway or freeway which does not permit access except at authorized and controlled points. The acquisition of right-of-way for such highways or freeways usually includes the acquisition of access rights thereto. Access may also be limited through methods other than acquisition of access rights. LOCAL STREET -- A street shown or described as a "local" street according to the current or most recent functional classification system contained in the City of Boynton Beach Comprehensive Plan. as adopted and amended. "^' street shovm or described as such according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended. MAJOR THOROUGHFARES - A main traffic artery connecting two (2) or more municipalities. STREET, MARGINAL ACCESS - A street~ parallel and adjacent to an expressway. arterial street or limited access street or in the immediate vicinity of such streets utilized primarily for relieving such streets from local service of abutting property by providing protection from conflicts with through traffic. Also called a frontage street. STREET, PRIVATE - Any street not dedicated to the public. April 3. 2007 78 April 3, 2007 STREET, PUBLIC - Any street dedicated to the public and accepted for ownership and maintenance by the City Commission. STREET FRONT AGE - The property line adjacent to a public or private street. STREET. INTERSECTION - The point of crossing or meeting of two (2) or more streets. STREET, LOCAL A route pro':iding service '.vhich is of relatively low average traffic volume, short average trip length or minimal tlH-ough traffic movements, and high land access for abutting property. STREET, :MINOR See "Local Street." STRIKE PLATE - Strik-c 131atc is Is a metal plate designed to receive and hold a proiected bolt. STRUCTUR,"1L TRIM Shall mean the molding, battens, cappings, nailing strips, latticmg and platforms 'Nhich are attached to the sign structure. STRUCTURE - Any building or improvement, for which a certificate of occupancy is required, constructed upon real property located within the municipal limits of the city. SUBDIVISION - Land divided into three or more lots, parcels, tracts, tiers. blocks. sites, units, or any other division ofland: and includes establishment of new streets and alleys, additions, and re- subdivisions: and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided. The di'/ision of a parcel of land into two (2) or more lots or pm-cels, either by plat into lots and blocks or by metes and bounds description, for the purpose of transfer of ovmership or development or, if a new street is involved, by di':ision of a pareel of land. SUBSTANTIAL. SUBST .-\..~TIA.L IMPROVEMENT - SUBstantial. SUBstantial !m131YT:cmcnt Any repair, reconstruction. or improvement of a structure or site, the cost of which equals or exceeds fifty (50) per cent of the value of the structure as established by the most recent Palm Beach County ad valorem tax bill. either (1 ) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall. ceiling. floor or other structural part of the building commences, whether or not that alteration affects the external dimensions ofthe structure. .^~ny repair, reconstruction or impro'/ement of a structure, the cost of which equals or exceeds fifty (50) per cent of the mm-ket value of the structure before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement occurs when the first alteration of any '.vall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not include any proj ect for improvement of a structure to comply '.vith existing state or local health, sanitary or safety codes, or alteration of a structure listed on thc National Register of Historic Places or a state im'Emtory of historic places. SUBST.\NCE ABUSE CENTER SUBstance aBuse center. ,^~ facility used primarily for the treatment of individuals for alcohol or dru~ abuse. 79 April 3, 2007 SUPPLIED FACILITES - SUlWlicd facilities Facilities paid for. furnished or provided by, 01 under the control of. the owner or operator. SURETY - An irrevocable surety guaranteeing that all required surveying and constructiOi improvements will be completed in full accord with approved documents and all conditions attached thereto. SURF ACE WATERS - All waterways and associated wetlands that hold or transport water on or over the ground. SURVEY - The orderly process of determining facts of size, shape. identity. geodetic location. or legal location by viewing and applying direct measurement of features on or near the earth's surface using field or image methods; further defined as follows according to the type of data obtained, the methods and instruments used, and the purpose(s) to be served: AS-BUlL T - A survey performed to obtain horizontal or vertical dimensional data so that constructed improvements may be located and delineated: also known as a Record Survey. BOUNDARY - A survey, the primary purpose of which is to document the perimeters. or anyone of them. of a parcel or tract of land by establishing or re-establishing corners. monuments, and boundary lines for the purpose of describing the parcel. locating fixed improvements on the parcel, dividing the parcel. or platting. CONDOMINIUM - A survey performed pursuant to Chapter 718. Fla. Stat.: includes Boundarv Survey. CONSTRUCTION LAYOUT - The measurements made, prior to or while construction is in progress. to control elevation. configuration. and horizontal position and dimensions. CONTROL - A survey which provides horizontal or vertical position data for the support or control of subordinate surveys or for mapping. DESCRIPTIONS - Written by a surveyor and mapper to describe land boundaries by metes and bounds shall provide definitive identification of boundary lines. A sketch shall accompany the property description showing all information referenced in the description and shall state that such sketch is not survey. The initial point in the description shall be tied to either a Q:overnment corner. a recorded corner, or some other well-established survey point. HYDROGRAPHIC - A survev having as its principal purpose the determination of data relating to bodies of water, and which may consist of the determination of one or several of the following classes of data: depth of water and configuration of bottom; directions and force of current; heiQ:hts and time of water staQ:es: and location of fixed obiects for survey and naviQ:ation purposes. MEAN HIGH WATER LINE - A survey to document the mean hiQ:h water line a~ defined in Part II. Chapter 177, Fla. Stat. 80 April 3, 2007 QUANTITY - A survey to obtain measurements of quantity. RECORD - A survey performed to obtain horizontal and vertical dimensional data so that constructed improvements may be located or delineated: also known as an As-Built Survey. SPECIFI COR SPECIAL PURPOSE - A survey performed for a purpose other than the purposes detailed in the other types of surveys defined within these regulations. TOPOGRAPHIC - A survey of selected natural and artificial features of a part of the earth's surface to determine horizontal and vertical spatial relations. SURVEY DATA - All information shown on the face of a plat that would delineate the physical boundaries of the unified property or the subdivision and any parts thereof. POINT OF COMPOUND CURVATURE (PC) - "P.C.C.," means the point where two circular curves have a common point of tangency. the curves lying on the same side of the common tangent. POINT OF CURV A TURE (PC) - "P .C.," means the point where a tangent circular curve begins. POINT OF REVERSE CURVATURE (PRC) - "P .R.C.," means the point where two circular curves have a common point oftangency, the curves lying on opposite side of the common tangent. POINT OF TANGENCY (PT) - "P.T.," means the point where a tangent curve ends and becomes tangent. SURVEY MONUMENT - An artificial or natural obiect that is permanent or semi-permanent, and used or presumed to OCCUPy any real property corner, point on a boundary line, or reference point. A survey marker must: (1) be composed of a durable material: (2) have a minimum length of 18 inches; (3) have a minimum cross-section area of material of 0.2 square inches; (4) be identified with a durable marker or cap bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable; (5) be detectable with conventional instruments for locating ferrous or magnetic obiects. If the location of the monument falls in a hard surface such as asphalt or concrete, alternate monurnentation may be used that is durable and identifiable. SURVEYOR AND MAPPER. PROFESSIONAL - A surveyor and mapper registered under Chapter 472, Fla. Stat., who is in good standing with the Board of Professional Surveyors and Mappers.A surveyor registered in Florida. SWIMMING POOL - Any confined body of water, located either above or below the existing finished level of the site, exceeding two (2) feet in depth, designed, used or intended to be used for swimming or recreational purposes. 81 April 3. 2007 TANDEM PARKING - See "P ARKING, TANDEM" The placement of parking spaces one behind the other, so that the spacc nearest the dri'lc,,>,'ay, aisle, or street access scrves as the onh means of access to the other space. TAXI. LIMO. CHARTER BUS - An establishment primarily engaged in the use of motor vehicles offered to the public for the purpose of carrying or transporting passengers for a fixed charge, fee, or hourly rate. This use excludes Automobile Rental. TECHNIC}~L REVIE"T COMMITTEE (TRC) :\ committec consistin; of the director of development, the fire chief, the police chief, thc director of utilities, the director of public v/orb. the city engineer, the recreation and parks director, and the director of planning and zoning, or their duly authorized representati'les. TECHNICAL SITE PLAN - Technical Site Plan. Technical Site Plans are development plans for one or more lots submitted in compliance with an approved Master Site Plan for a Mixed Use Pod within a Planned Industrial Development district (PID) Chapter 1, Section 7, (A. through G.) and Section 8. Prior to approval of the Master Site Plan, technical site plans may be reviewed bJ' the City Commission, for review and approval of waiver requests for flexibility of development regulations. Such plans shall meet the regulations for technical site plans and shall specifically list in thc tabular data those specific elements of the plan requiring 'Naiver approvaL TELECOMMUNICATION TOWER Telecommunication fewer See "ANTENNA SUPPORT STRUCTURE". A guyed. monopole or self support/lattice tower, constructed as a frec standin structure. containing one or more antennas used in the provision of personal \vireless services. Emcluding radar towers, amateur radio support structures licensed by the FCC, private home use of satellite dishes and television antennas and satellite earth stations installed in accordance with applicable codes. TEMPORi'..RY BUSINESS IDENTIFICA~TION SICN l~ non permanent, on promisc sign identifYing a busincss location. TEMPO~A~RY CONSTRUCTION SICN A sign identifying the owners, contractors, recei'lers, lenders and suppliers on the property wherc the sign is located during the construction period. Such sign may not be permitted prior to the issuance of a valid building permit for the specific site and must be removed within ten (10) days after the building permit has becn finalized. TEMPORARY EMPLOYMENT AGENCY - An establishment primarily engaged in supplying workers (administrative, professionaL sales) for limited periods of time to supplement the work force of the client. The individuals provided are employees of the temporarv employment agency. However, these establishments do not provide on-site training or direct supervision of their emplovees at the clients' workplace. TEMPORARY HOUSING - TCH1lJortlr;; housinf! any Any trailer or other structure used fOl human shelter which is designed to be transportable and which is not attached to the ground. to 82 April 3, 2007 another structure or to any utility system for more than thirty (30) days. Any trailer or other structure occupied for more than thirty (30) days shall meet all requirements of this article. TENSE Tense. Vi ords used in the present or past tense include the future as '.vell as the present or past. TESTING LABORATORY - An establishment primarily engaged in performing laboratory analysis of natural resources and manufactured materials. The scientific analysis is generally performed for an outside customer to support the work of that customer. TEXTILE PRODUCTS - An establishment primarily engaged in fabricating apparel, clothing accessories, and canvas goods from purchased fabric and materials. THEATER - Thc61t<Jr. A building or outdoor structure expressly designed to seat persons viewing the presentation of plays. operas, music concerts, motion pictures, etc. THOROUGHFARE PLAN - The plan of present and future streets adopted by the City of Boynton Beach. THRIFT STORE - See "MERCHANDISE, USED". TIME SH}~RINC HOTEL The term shall include, but shall not be limited to, any building or part thereof in which the right of use or occupancy of any unit eirculates among various occupants for specific periods of time less than a full year dming any giyen year but not necessa:rily for consecutive years in accordance with a fixed time schedule on a periodically reeurring basis extending for more than one year. The determination that a building, or part thereof, is a time sharing hotel shall be made \vithout regard to the form of ownership of the property or of the units therein and shall be immaterial whether the right of use or oecupancy is derived from a leasehold of fee interest. TOWER - See "ANTENNA SUPPORT STRUCTURE". TOWING. MOTOR VEHICLE - An establishment primarily engaged in towing light or heavY motor vehicles, both local and long distance. These establishments may provide incidental services, such as the temporary storage of towed vehicles and emergency road repair services. This use excludes iunk and salvage yards. TRf..FFIC Pedestrians, ridden or herded animals, and '.'ehicles, streetcars and other COB:'/cyances either single or together '",hile using any street or highway for purposes oftrayel. TRAFFIC CONTROL DEVICES - Any mechanism used to regulate traffic, such as pavement striping, signs, etc. as specified in the D.G.T. Manual on Uniform Traffic Control Devices (M.U.T.CD.), excluding any mechanical or electrical device such as traffic lights. TRAFFIC CONTROL SIGNAL - Any device, whether manually, electrically or mechanically operated by which traffic is alternately directed to stop and permitted to proceed. 83 April 3. 2007 TRAFFIC IMPACT ANALYSIS - A traffic statement prepared by a registered professional engineer competent in traffic engineering w&registered in thc State of Florida. submitted as part of the application for site plan, rezoning. or other application in compliance with local. Count\'. o. State review requirements for appropriate review of traffic impacts. Such analysis should address at a minimum, daily and peak hour movements, turn lanes required, signalization. capacity of the street system and intcrior driveway lengths. TRAILER - Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle, TRAVEL AGENCY - An establishment primarily engaged in acting as agents in selling travel. tour, and accommodation services to the general public and commercial clients. TREES "Trees": Any self supporting '.'loody perennial plant which has a trunk diameter of three (3) inches or more when measured at a point four and one half (4 1/2) feet abo'.'e ?,round level and which normally attains an overall height of at least ten (10) feet at maturity usually with one main stem or trunk and many branches. It may appear to haye several stems or trunks as in se'/eral varieties of oak. ,^-ll mangrove trecs shall be included hereunder, '.vhich are four (1) feet or more in height. TRUCKINC, TRANSFER, OR MOVINC OPE~\ TION ,^- use '",here trucking, transfer of goods or the moving of goods or property is the principal use, and '.mere the use im'olves the use of such vehicles as are referred to in Section 11 3(a) of the City of Boynton Beach Ordinances TRUCKS, BUSES, F f..RM EQUIPMENT, OR FARM lVL\CHINERY STORf~CE, PARKINC, SALE, RENT,A~L OR LKA~SINC The keeping of any trucks, buses, farm equipment, construction machinery or other vehicles referred to in Section 11 3(a) ofthe City of Boynton Beach Code of Ordinances on a premises for any length of time, for purposes other than the ongoing service or repair of the vehiclc, ongoing deliveries requiring the vehicle, ongoing maintenance or construction projects, or where the operator of the vehicle is registered at [l licensed hotel or motel and the vehicle is parked on the site of a hotel or motel. Ongoin; service. repairs or deliveries shall be construed to be the keeping of such vehicles on the premises only for the amount of time that the '.'ehicle is being serviced or repaired, or is making deliYerie~. Ongoing maintenance or construction projects shall includo overnight parking on the premises for the duration of such a project on the premises, during which the vehiclc is actually used. This definition shall not be construed to prohibit the parking of such vehicles as a customary accessory use to a lawful principal use where the vehicle is o\vned or operated by the owner of the principal use, 'Nhere the vehicle is necessary for the operation of the principal use, and ',,,,here the parking of such vehicles is not prohibited elsewhere in the City of Boynton Beach Codes and Regulations, TUXEDO. FORMAL WEAR. COSTUME RENTAL - An establishment primarily enQ:aged in renting clothing, such as formal wear. costumes (e.g.. theatrical). or other clothing (except laundered uniforms and work apparel). 84 April 3, 2007 UNITY OF TITLE - A document recorded in the Office of the Clerk of the Circuit Court of Palm Beach County, stipulating that a--let, lots or parcel(s) ofland shall be held under single ownership, shall not be eligible for further subdivision and shall not be transferred, conveyed, sold or divided in any unit other than in its entirety. URB"A~N Lf..ND USE The use ofland for other than agricultural, open space, conservation or preservation uses, ine1uding uscs which are clearly accessory and subordinate to these uses. USE - Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land. USE, ACCESSORY - A use that is customarily incidental to the principal use and so necessary or commonly to be expeoted that it cannot be supposed that these regulations intended to prevent it. Accessory uses, unless otherwise provided, shall be located on the same premises as the principal use. USE, CONDITIONAL - A use that. because of special requirements or characteristics, may be allowed in a particular zoning district but only with conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity would not be appropriate generally, or without restriction, throughout a zoning classification or district. Such uses howeyer, if controlled as to area, location, number or relation to the neighborhood, "'I"ould promote public appearance, comfort, con'leniencc, general welfare, good order, health, morals, prosperity and safety ofthe city. Such uses may be allo\ved in a zoning classification or district as a conditional use if specific provision for such a conditional use is made in these zoning regulations. USE, PRINCIPAL - The primary or predominant use of any building, structure, or lot. +he primary purpose for \vhich land or building is used as permitted by the applicable zoning district. USE. PERMITTED - A use permitted in a zoning district, without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this ordnance. USE. PROHIBITED - A use not permitted in a zoning district. USED MERCHANDISE Merchandise which has been previously ovmed by another consumer or other end user prior to being stocked or sold on the premises. UTILITY - A governmental or franchised provider of water, sewer, electric, gas, telephone, telegraph, cable television or similar service. UTILITY TRAILER - A trailer or commercial truck which is rented, leased or sold primarily for use by household users for moving household goods, and specifically excluding truck-tractors or semi -trailers. VARIANCE - Relieffrom certain requirements of the regulations herein as described where such variance will not be contrary to the public interest and warranted due to conditions peculiar to the 85 April 3, 2007 property and not the result of the actions of the applicant, and when literal enforcement of thIS. Code would result in unnecessary and undue hardship. A procedure by 'shieh an applicant may request modification of the requirements set forth herein under specific conditions which do not nullify the intent and purposcs of this ordinance. VEHICUL\R SICN l~ sign or sign structure attached or affixed in any manner in or to any ",<,heeled vehicle for the purpose of advertising that business to which the sign refers, excludin; such signs attached or affixed to public transportation vehicles for business advertising purposes when such vehicles belong to a fully licensed public transportation company. "^~ vehicle shall not be used to circumvent this sign eode. Vehicles ',vith vehicular signs shall be parked in the rear of commercial or industrial establishments. VIDEOS. GAMES & DVD RENTAL - An establishment primarily engaged in renting pre- recorded video tapes and discs for home electronic equipment for entertainment purposes. This use excludes adult entertainment. VINES "Vines": Plants which normally require support to reach mature form. "'"\LL SICN surface itself. A sign cOBtaining copy, graphics, symbols and/or letters placed on the wall WAREHOUSING - An establishment engaged in operating facilities to store general merchandise, refrigerated goods, and other warehouse products for distribution. They do not sell on-site, the goods they handle. WARNING SIGN - See "SIGN. SAFETY". WATER SYSTEM, CENTRAL - A supply of water to serve more than one user including the water source, pipes, pumps, tanks, treatment plants and all other appurtenances. WATER SYSTEM, INDIVIDUAL - A water source and other appurtenances supplying water to only one user. W ATERW A Y - Any body containing water such as a canal, channeL ditch, drainage way, lake, stream, watercourse, etc. WCF - See "WIRELESS COMMUNICATION FACILITY". WETLANDS - Open bodies of water and those portions of a water body inundated at regular and periodic intervals, or those areas where vegetation is dominated by submerged and transitional species of plants listed in Florida Administrative Code Rule 17 3.027. "'HIP ANTENN}.l. WhilJ antenna l.l. c','lindrical antenna that transmits signals in 360 degrecs. "'M 0 LES"A~LE Sale of goods to consumers other than household consumers or to business am. professional offices for use in such offices. For the purposes of these regulations, a wholesale 86 April 3, 2007 establishment shall be defined as an establishment where more than fifty (50) per cent of the '.'alue of goods sold on or from the premises are sold at wholesale prices to customers or users other than household consumers. WHOLESALE TRADE - An establishment engaged in selling or distributing merchandise to retailers or other businesses, excluding sales to household customers. '"INDO''' I DOOR SICN "^..ny sign '.','mch is painted on, applied to, attached to, hanging in or projected upon or within, the exterior or interior of a building glass area, including doors. For clarification purposes, signs in this definition inelude, but are not limited to, any identification, message, symbol, insignia, visual representation, logo type or any other form of communication. WIRELESS COMMUNICATION FACILITY (WCF) - Any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure. The following developments shall be deemed a WCF: developments containing new, mitigated, or existing antenna support structures, public antenna support structures, replacement antenna support structures, colocation on existing antenna support structures, attached wireless communications facilities, concealed wireless communication facilities, and non-concealed wireless communication facilities. Excluded from the definition are: non-commercial amateur radio, amateur ham radio and citizen band antennas, satellite earth stations and antenna support structures, and antennas and/or antenna arrays for AM/FM/TV IHDTV broadcasting transmission facilities. ATTACHED - An antenna or antenna array that is secured to an existing building or structure with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless communications facility is considered to be an accessory use to the existing principal use on a site. (See also FREESTANDING). CONCEALED - Also known as "stealth" or "camouflaged" , means a type of WCF, ancillary structure, or WCF equipment compound, that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site. There are two types of concealed WCFs, namely, Attached and Freestanding. They are further described as follows: Attached - Examples of concealed attached facility include, but are not limited to the following: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure. Freestanding - Concealed WCFs usually have a secondary, obvious function which may be, but is not limited to the following: church steeple, windmill, bell tower, clock tower, cupola, light standard, flagpole with or without a flag, or tree. (SEE ALSO NON- CONCEALED). 87 April 3. 2007 FREESTANDING - Any manned or unmanned location for the transmission and/or reception of radio frequency signals. or other wireless communications. and usuallv consisting of an antenna or group of antennas. feed lines, and equipment cabinets. and may include an antenna support structure. A freestanding wireless communication facilit includes. but is not limited to the followinQ:: guyed. lattice. or monopole antenna support structures. (See also ATTACHED). NON-CONCEALED - A wireless communication facility that is readily identifiable as such and can be either freestanding or attached (See also CONCEALED). WIRELESS COMMUNICATIONS - Any personal wireless service, which includes but is not limited to, cellular. personal communication services (PCS). specialized mobile radio (SMR). enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing devices described in Part 15 of the FCC rules and regulations (e.g.. wireless internet services and paging). "'ORK "^~ll construction for all facilities and features. WOOD PRODUCTS - An establishment primarily engaged in processing and fabricating purchased wood and / or wood parts into a variety of intermediate or final products. This use excludes pulp mills, wood preserving, pressure treating, and / or drvinQ:. WORKFORCE HOUSING UNIT - A dwelling to be sold or leased to an individual or family that is Income Qualified in which the rent or mortgage payments (including principal. interest. taxes. insurance and homeowner association fees) does not exceed 35% of the gross income 0+ households that are classified as low or moderate income households. WORKMANLIKE STATE OF MAINTENANCE AND REPAIR - Workmanlike state of mail'lt-cm:mce ami rClJair - ffi In compliance with all codes and ordinances pertaining to construction of buildinQ:s and installation of utilities. "'ILA~PPED P"A~RKINC STRUCTURE. /\ parking structure that is en'.'eloped with habitable or leaseable space to disguise thc actual function of the structure. .\ fully\-vrapped parking structure is one in \vhich the garage component, other than the access drive, cannot be seen from any elevation. "^~ partially wrapped parking structure is one in which the garage component extends above the habitable or leaseable space and can be seen from one (1) or more ek.'ations. WRECKED MOTOR VEHICLE - A motor vehicle defined as such by Section 10 50 of the in the City of Boynton Beach Code of Ordinances. XERISCAPE - A set of landscape design and maintenance principles that promote good horticultural practice and the efficient use of water. The term Xeriscape is a registered trademark of the National Xeriscape Council and means water conservation through the use of drought tolerant landscaping or appropriate plant materials that do not require special attention and require little supplemental water to survive. Xeriscape desiQ:ns do not resemble desert landscape but reflect the lush traditional appearance of Florida gardens. ,,\ landscaped treatment that substantially reduces irrigation demands by appropriate plant selection. Y"A~CHTEL A marina or dockage offering onshore overnight accommodations. 88 YARD - An open space on the same lot with a building unoccupied and unobstructed from ground upward, except by trees or shrubbery or as otherwise provided herein. YARD AREA - Yard area: "Yard area" shall mean the front, side and rear yard areas as established and required under the comprehensive zoning code and the zoning district requirements as applicable thereto. Y.\RD SICN .\ temporary sign, not to exceed four (1) square feet, whieh identifies a safety feature related to the particular lot. ZONING CODE - That portion or section ofthe Land Development Regulations that establishes or regulates, including but not limited to permitted or conditional uses. minimum lot standards and site regulations, building heights, accessory uses and structures, and non-conforming lots and uses. Chapters 2 and 2.5 of the Land De'lelopment Regulations as adopted by the City Commission. ZONING DISTRICT - Any certain designated described area of the City of Boynton Beach to which these regulations apply and within which the zoning regulations are generally uniform. (Ord. No. 95 24, ~ 1,8 15 95; Ord. 1'10.96 28, ~ 1,1 16 96; Ord. 1'10.96 19, ~ 1, 1 21 97; Ord. No. 97 01, ~ 1,218 97;Ord.No.98 01, ~ 1,120 98;Ord.No.98 31, ~ 1,81 98; Ord.No. 99 21, ~ 1,9 7 99; Ord. No. 00 55, ~ 2,10 17 00; Ord. No. 00 77, ~ 2,1 2 01; Ord. No. 01 15, ~ 2, 8 7 01; Ord. No. 01 50, ~ 2, 12 1 01; Ord. No. 02 010, ~ 2, 3 1902; Ord. No. 02 033, ~~ 2 1,8 20 02;Ord.No.03 010, ~2,1 1 03; Ord.No. 03 016, ~2,5 20 03;Ord.No.03 018, ~S 13,63 03; Ord. 1'10.03 031, ~ 2, 6 17 03; Ord. No. 03 062, ~ 2,12 16 03; Ord. No. 01 079, S 2, 10 19 {)41 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter I Planning\Final\Article II Definitions (graphics),doc April 3, 2007 89 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 V. Consent Agenda: A. Approval CRA Board Meeting Minutes - March 13, 2007 B. Approval of the Financials for Period Ended - March 31, 2007 C. Budget Amended for Period Ended - March 31, 2007 D. Consideration of Exploring Uses & Costs for 310 NE 10th Avenue E. Approval of the Rescinded DIFA for 500 Ocean Plaza F. Review of the Boynton Beach High School Booster Club G. CRA Board Packet Production List H. SS 163 Requirements for Fund Balance, Bond Proceeds & Use of Appraisals I. Approval of Ocean Breeze RFP Selection Committee J. Approval of Commercial Fa<;ade Grant-Anne Marie Motel NTE $15,000 K. Approval of Marina Leases L. Request for Proposals for Vacant Land Described as Cherry Hills, Boynton Lots 390 and 391 - Pulled M. Cornerstone Request for the Preserve N. MLK Corridor Update VI. Public Comments Chair Tillman opened the floor for public comments. No one coming forward, Chair Tillman closed the floor to public comments. VII. Public Hearing Attorney Spillias announced the Land Development Regulation Rewrite did not require quasi- judicial procedures. Old Business: None New Business: A. Land Development Regulations Rewrite Code Review 1. Project: Land Development Regulations Rewrite (CDRV 07-004) Definitions and project update. City- Initiated Request to amend a portion of the Land Development Regulations (LDR) Part III, Chapter 1, Article II. Definitions to provide a first set of revisions based on updated uses, new or proposed sections, and consolidation of definitions currently provided within individual chapters as part of the LDR rewrite project. Agent: Description: 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Ed Breese, Principal Planner, presented the rewrite of the Land Development Regulations (LDR) and explained the changes. A PowerPoint presentation was made, a copy of which is available in the City Clerk's Office. The changes discussed were contained in the Department of Development Planning and Zoning Memorandum dated March 28, 2007, also available in the City Clerk's office. Ms. Horenburger asked about supplemental regulations. Mr. Breese responded those would come later in the process and dealt with more than one section for the Code. Ms. Horenburger noted the cross-referencing with the supplemental regulations had been an issue in the past. She hoped there would be a strong effort to consolidate them and have a mechanism for achieving easier cross-references. Ms. Heavilin complimented staff. She thought the definitions were clear and understandable. Mr. Breese responded the changes were a concerted staff effort. Motion Ms. Heavilin moved to approve the Land Development Regulation Rewrite. Mr. Myott seconded the motion that unanimously passed. VIII. Pulled Consent Agenda Items: Item D - Consideration of Exploring Uses & Costs for 310 NE 10th Avenue Mr. Sims announced he liked the idea of a CRA and City satellite office for joint usage. He requested the concept be explored further. Lisa Bright, Executive Director, the CRA could take a look to see how much it might cost the CRA to renovate the building. The item was brought forward for informational purposes as it pertained to the budget. She explained staff would provide information on the item to the board at another time. Motion Mr. Myott moved to approve the request. Vice Chair Norem seconded the motion that unanimously passed. Item E. Approval of the Rescinded DIFA for 500 Ocean Plaza Ms. Bright explained she pulled this item and that staff was recommending approval to rescind the $2M up-front Direct Incentive Funding Agreement. The funds would revert back to the General Fund for use on another project. Motion Vice Chair Norem moved approval of the request. Ms. Horenburger seconded the motion that unanimously passed. 3 Sl\"f.:.'......?'" .... ~ "," ^ r ...' , ' $\ ~ .!:r \ 0\ i', 1. ' : \wi' \ J."" ./ <:r . I'V - '-/" V 1"0 N 19 [x. - CITY MANAGER'S REPORT ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) ~ May 1,2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30,2007 (Noon) 0 July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) NATURE OF AGENDA ITEM o o o o o Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing l2r o o o o City Manager's Report New Business ,'.-:) .w) -.j ,'< Legal Unfmished Business ::-~.., .C ") "'1 .. '::.1 ::J ..-( ,- "" ;:.:J c..~D ->.~';". ' --.i ':::> ,::;:J RECOMMENDATION: City Staff requests Commission comments and guidance to Stafffor its creation of the Capitlip Improvement Plan. The final CIP will be presented for Commission consideration during deliberations on the :F\'I 2007</~ Budget EXPLANATION: Each year as part of the budget review process, the City Commission is asked to review and approve the Capital Improvement Plan. This plan serves as a multi-year planning document for both the Commission and Staff to ensure that all necessary actions such as project scope development, design, bidding and construction are all conducted within anticipated revenue allocations and within desired timeframes. As we note each year, the Plan is just that, a Plan. It is subject to change as priorities are redirected and also subject to change as project costs fluctuate or revenue projections vary from original assumptions. In other words the Plan is a living document with much clearer definition in its early years and much broader interpretation in the last two or three years of the Plan. It is critical that the City Commission provide comment on the Capital Improvement Plan at a level of scrutiny well beyond the legislative budget approval phase. To that end, staff schedules periodic status reports of the CIP with the City Commission to ensure that staff direction and actions is consistent with the desires of the City Commission and within certain funding constraints that are always evident with budget expenditures. Attached is the latest Staff draft of the Capital Improvement Plan that will be presented to the City Commission during its consideration of the FY 2007/08 Budget Staff places emphasis on the word draft. We believe that we have identified necessary maintenance projects as well as a number of new construction projects that have already been authorized by the City Commission or have been deemed desirable in future years. However, Staff desires further input and comment on the CIP to ensure that we are moving forward with a Plan that meets the goals and desires of the City Commission. Commission comments will be integrated into the final CIP submitted this Summer. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Sl-r Yo,,,, ,;' :"- "", 7' . >>" c~>. ../0Y(.J /~io N v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM This Plan is very carefully based upon the CIP approved by the City Commission as part of the FY 2006/07 Budget approved last Fall. To simplify current Commission review, we have highlighted changes to the FY 2006/07 CIP that have been made in the draft FY 2007/08 CIP document that is attached. A summary of these changes is as follows: Chanaes to CIP Since November 2006 Revenues CRA Reimbursement. Public Works Compound Grant. FEMA (Hardening of Station #S/EOC) Expenditures ADA Compliance ADA Compliance ADA Compliance ADA Compliance Carpeting Replacement Plan Carpeting Replacement Plan Carpeting Replacement Plan City Hall - West Wing Roof Replacement Fire Station #3 - Air Handler Ocean 9S Project (net of cost share) New PW Compound School Museum Refurbishment Galaxy Park - Playground Replacement (originally to be paid by eRA) Oceanfront - Boardwalk Replacement Quantum Park - Fence Senior Center - Roof Replacement Street Maintenance/Improvements Street Maintenance/Improvements Street Maintenance/Improvements Street Maintenance/Improvements Sidewalks-Replacement Sidewa Iks-Repla cement Sidewalks-Replacement Sidewalks-Replacement Transfer to Fire Assessment (Construction-Fire Station #S) Staff looks forward to Commission input on this draft CIP. PROGRAM IMP ACT: NA FISCAL IMPACT: Noted in CIP ALTERNATIVES: NA , (r ( DepartmentlIe)d's Signature \)Jb\ tC~C~S Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Net Plan Oriainal Revised Impact Year 2,000,000 10,900,000 8,900,000 2009-10 0 1,775,000 1,77S,000 2007 -08 0 SO,OOO (SO,OOO) 2007 -08 0 SOO,OOO (SOO,OOO) 2008-09 0 SOO,OOO (SOO,OOO) 2009-10 0 SOO,OOO (SOO,OOO) 2010-11 40,000 70,000 (30,000) 2007 -08 40,000 70,000 (30,000) 2008-09 40,000 70,000 (30,000) 2009-10 0 88,000 (88,000) 2007-08 0 S7,500 (S7,SOO) 2007 -08 0 635,000 (635,000) 2007 -08 5,700,000 8,300,000 (2,600,000) 2009-1 0 0 32S,000 (32S,000) 2008-09 0 40,000 (40,000) 2007 -08 1,S40,000 2,100,000 (S60,000) 2007 -08 0 15,000 (15,000) 2007 -08 0 500,000 (SOO,OOO) 2009-10 400,000 SOO,OOO (100,000) 2007 -08 400,000 SOO,OOO (100,000) 2008-09 400,000 SOO,OOO (100,000) 2009-10 400,000 SOO,OOO (100,000) 2010-11 2S,000 125,000 (100,000) 2007 -08 2S,000 125,000 (100,000) 2008-09 2S,000 12S,000 (100,000) 2009-10 2S,000 12S,000 (100,000) 2010-11 6,230,500 7,230,500 (1,000,000) 2007 -08 2,414,SOO ') II /~ / ,/ , ~W~A~ Ity Manager's S1gnature Assistant to City Manager ". ~ City Attorney / Finance en w en :J ~ oC:l oCen <(ZW :JU wu..e:::1- aJl-:Jw zffioC) o:!:<J?c l-Wz:J z><al O...JCO ~g:o..g aJ:!:tij~ - """ LL...JC)g O<C('o,I I-:J )-CLal t:(3~ o ~ w > u:: Cl .:: Qj Q) :i: c: o "iii en 'E E Q) 0 nio '0..... 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Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon,) 0 June 19,2007 June 4, 2007 (Noon) [8J May 1, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18, 2007 (Noon) ;>":~") -.. 0 0 "'/ May 15,2007 April 30, 2007 (Noon) July 17, 2007 July 2, 2007 (Noon) ..,'" ',. 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) f'\..) ,_J -- ~ :::? 0 Announcem ents/Presentations [8J City Manager's Report ~~ 0 r0 ' -.- NATURE OF 0 Administrative New Business " , c;:::; AGENDA ITEM -n, 0 Consent Agenda 0 Legal -}:;,. "e") 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Direct City staff to initiate a text amendment to Land Development Regulations that will allow schools to be a conditional use in Industrial Use Districts, EXPLANA TION: Currently, Trade and Industrial Schools are the only type of schools listed in the City Code in Industrial Use Districts, This proposed text amendment will allow other schools to be considered on a case-by-case basis, Before the staff initiates this amendment and submits it to the CRA and P&D Boads for public hearing, an informal review by the City Commission is requested, What has precipitated this request is the proposed relocation of a charter school to a building located in an industrial district, PROGRAM IMPACT: This change will broaden the uses allowed in industrial areas, FISCAL IMPACT: N/A AL TERNA TIVES: Do not support the staff initiative or require the charter school to make the application, City Manager's Signature Assistant to City Manager ~ Department of Development City Attorney / Finance S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM,DOC XII. - LEGAL - 2nd Reading Non-Development ITEM 8.1 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORNI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) ~ May I, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15, 2007 April 30,2007 (Noon) D July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda ~ Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to amend Section 18-181 of the Boynton Beach Code of Ordinances to expand the Firefighter Pension Board's investment authority by permitting investment in all authorized investments, as permitted by Florida law. EXPLANATION: As recommended by the Firefighter Pension Board's new investment consultant, this ordinance will allow for a more diverse asset allocation to limit volatility in the investment portfolio and to increase returns. The proposed change is entirely in conformance with Chapter 175, Florida Statutes as well as the investment policy requirements of Section 112.661, Florida Statutes a c' ;:2 PROGRAM IMP ACT: The expanded ability to diversify the plan's investment portfolio is expected to improve t~.plan'"S..; ability to increase investment performance, thereby decreasing reliance on employer contributions. :1J -,:, ."~'J --;..' 1 FISCAL IMP ACT: N/ A ~ c~; .~ --( ::J:"h . ,~- ':, ---i D -q-- -,., r:o ::.:- rT"J ::> . 'CJ ALTERNATIVES: Not to amend the existing investment limits t~~ City anager's SIgnature A"~{}JM:;Z~J~ City Attorney / Finance '";} r$k.fM~j U1 N Fire Pension Board Department Name S:\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM.DOC 2 3 4 5 6 7 8 9 10 1 I 12 13 14 15 16 at cost, in foreign securities. Subsequent amendments to Chapter 175, Fla.Stat, which expand the scope of permissible investments shall be incorporated herein upon adoption by the Florida Legislature. Section 3. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this Ordinance or portion hereof, any paragraph, any 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 5. Authority is hereby granted to codify this Ordinance. Section 6. This Ordinance shall become effective immediately upon passage. FIRST READING, this _ day of April, 2007. 17 18 SECOND, FINAL READING AND PASSAGE, this ,2007. day of 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ATTEST: 33 34 35 Janet Prainito, City Clerk 36 37 (CORPORATE SEAL) 38 39 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy Page 2 of 2 February 8, 2007 Page 2 Please forward the matter to the City Council for their immediate consideration. /'" .' ) questiq;r.(s ../.. e feel free to call. As always, should you have any RDK:ldm Enclosure Sinc,.erely, /d!/t / (i~BERT i /....... L/ cc: Luke Henderson, Chairman Barbara LaDue, Administrator \11p\00033490\Cherof ltr ordinance re investment authority Statutes & Constitution :View Statutes :->2006->Ch0175->Section 071 : Online Sunshine Page I of 3 Select Year: 2006 I Go i The 2006 Florida Statutes Title XII MUNICIPALITIES Chapter 175 FIREFIGHTER PENSIONS View Entire Chapter 175.071 General powers and duties of board of trustees.--For any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, or local law plan under this chapter: (1) The board of trustees may: (a) Invest and reinvest the assets of the firefighters' pension trust fund in annuity and life insurance contracts of life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the participants in the firefighters' pension trust fund shall be entitled under the provisions of this chapter and pay the initial and subsequent premiums thereon. (b) Invest and reinvest the assets of the firefighters' pension trust fund in: 1. Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a savings, building, and loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. 2. Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States. 3. Bonds issued by the State of Israel. 4. Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided: a. The corporation is listed on anyone or more of the recognized national stock exchanges or on the National Market System of the NASDAQ Stock Market and, in the case of bonds only, holds a rating in one of the three highest classifications by a major rating service; and b. The board of trustees shall not invest more than 5 percent of its assets in the common stock or capital stock of anyone issuing company, nor shall the aggregate investment in anyone issuing company exceed 5 percent of the outstanding capital stock of that company or the aggregate of its investments under this subparagraph at cost exceed 50 percent of the assets of the fund. This paragraph shall apply to all boards of trustees and participants. However, in the event that a municipality or special fire control district has a duly enacted pension plan pursuant to, and in compliance with, s. lZ~151, 1 ...... OTT-r\" II I" J,"\ I\(Y" Statutes & Constitution :View Statutes :->2006->Ch0175->Section 071 : Online Sunshine Page 3 of3 (b) For purposes of this subsection, the term "professionally qualified independent consultant" means a consultant who, based on education and experience, is professionally qualified to evaluate the performance of professional money managers, and who, at a minimum: 1. Provides his or her services on a flat-fee basis. 2. Is not associated in any manner with the money manager for the pension fund. 3. Makes calculations according to the American Banking Institute method of calculating time-weighted rates of return. All calculations must be made net of fees. 4. Has 3 or more years of experience working in the public sector. (7) To assist the board in meeting its responsibilities under this chapter, the board, if it so elects, may: (a) Employ independent legal counsel at the pension fund's expense. (b) Employ an independent actuary, as defined in s. 175.032(7), at the pension fund's expense. (c) Employ such independent professional, technical, or other advisers as it deems necessary at the pension fund's expense. If the board chooses to use the municipality's or special district's legal counselor actuary, or chooses to use any of the municipality's or special district's other professional, technical, or other advisers, it must do so only under terms and conditions acceptable to the board. History.--s. 1, ch. 63-249; s. 1, ch. 65-365; ss. 22, 35, ch. 69-106; s. 3, ch. 81-168; s. 4, ch. 86-41; s. 16, ch. 93- 193; s. 920, ch. 95-147; s. 1, ch. 98-134; s. 66, ch. 99-2; s. 17, ch. 99-392; s. 27, ch. 2000-151. Copyright (6) 1995-2006 The Florida Legislature. Privacy Statement. Contact Us 1 n~. () TmT _ A l"'\II"\()"'"7 Statutes & Constitution: View Statutes :->2006->Ch02l5->Section 47 : Online Sunshine Page 2 of 5 (i) Notes, bonds, and other obligations of agencies of the United States. (j) Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. (k) Time drafts or bills of exchange drawn on and accepted by a commercial bank, otherwise known as banker's acceptances, which are accepted by a member bank of the Federal Reserve System and are of prime quality of the highest letter and numerical ratings as provided for by at least one nationally recognized statistical rating organization. (l) Negotiable certificates of deposit issued by domestic or foreign financial institutions in United States dollars of prime quality of the highest letter and numerical ratings as provided for by at least one nationally recognized statistical rating organization. (m) Short-term obligations not authorized elsewhere in this section to be purchased individually or in pooled accounts or other collective investment funds, for the purpose of providing liquidity to any fund or portfolio. (n) Securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.c. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. (2) With no more than 25 percent of any fund in: (a) Bonds, notes, or obligations of any municipality or political subdivision or any agency or authority of this state, if the obligations are rated investment grade by at least one nationally recognized statistical rating organization. (b) Notes secured by first mortgages, insured or guaranteed by the Federal Housing Administration or the United States Department of Veterans Affairs. (c) Mortgage securities which represent participation in or are collateralized by mortgage loans secured by real property. Such securities must be issued by an agency of or enterprise sponsored by the United States Government, including, but not limited to, the Government National Mortgage Association, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation. (d) Group annuity contracts of the pension investment type with insurers licensed to do business in this state which are rated investment grade by at least one nationally recognized rating service. (e) Certain interests in real property and related personal property, including mortgages and related instruments on commercial or industrial real property, with provisions for equity or income participation or with provisions for convertibility to equity ownership; and interests in collective investment funds. Associated expenditures for acquisition and operation of assets purchased under this provision or of investments in private equity or other private investment partnerships or limited liability companies shall be included as a part of the Statutes & Constitution :View Statutes :->2006->Ch0215->Section 47: Online Sunshine Page 4 of5 (5) With no more than 25 percent of any fund in corporate obligations and securities of any kind of a foreign corporation or a foreign commercial entity having its principal office located in any country other than the United States of America or its possessions or territories, not including United States dollar-denominated securities listed and traded on a United States exchange which are a part of the ordinary investment strategy of the board. (6) With no more than 5 percent of any fund to be invested as deemed appropriate by the board, notwithstanding investment limitations otherwise expressed in this section. Prior to the board engaging in any investment activity not otherwise authorized under ss. 215...M.-215.53, excluding investments in publicly traded securities, options, financial futures, or similar instruments, the board shall present to the Investment Advisory Council a proposed plan for such investment. Said plan shall include, but not be limited to, the expected benefits and potential risks of such activity; methods for monitoring and measuring the performance of the investment; a complete description of the type, nature, extent and purpose of the investment, including description of issuer, security in which investment is proposed to be made, voting rights or lack thereof and control to be acquired, restrictions upon voting, transfer, and other material rights of ownership, and the existence of any contracts, arrangements, understandings, or relationships with any person or entity (naming the same) with respect to the proposed investment; and assurances that sufficient investment expertise is available to the board to properly evaluate and manage such activity. The Investment Advisory Council may obtain independent investment counsel to provide expert advice with regard to such proposed investment activity by the board, and the board shall defray such costs. (7) For the purpose of determining the above investment limitations, the value of bonds shall be the par value thereof, and the value of evidences of ownership and interest-bearing obligations having an option to convert to ownership shall be the cost thereof. (8) Investments in any securities authorized by this section may be under repurchase agreements or reverse repurchase agreements. (9) Investments made by the State Board of Administration shall be designed to maximize the financial return to the fund consistent with the risks incumbent in each investment and shall be designed to preserve an appropriate diversification of the portfolio. The board shall discharge its duties with respect to a plan solely in the interest of its participants and beneficiaries. The board in performing the above investment duties shall comply with the fiduciary standards set forth in the Employee Retirement Income Security Act of 1974 at 29 U.S.c. s. 1104(a)(1 )(A) through (C). In case of conflict with other provisions of law authorizing investments, the investment and fiduciary standards set forth in this subsection shall prevail. (10) The board is authorized to buy and sell futures and options, provided the instruments for such purpose are traded on a securities exchange or board of trade regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission, unless the board by rule authorizes a different market. (11) The board is authorized to invest in domestic or foreign notional principal contracts. (12) The State Board of Administration, consistent with sound investment policy, may pledge up to 2 percent of the assets of the Florida Retirement System Trust Fund as collateral for housing bonds issued by the State of Florida or its political subdivisions under chapter 159, part V of chapter 420, or chapter 421 as a supplemental income program for the system. With regard to any collateral program, the State Board of Administration is Statutes & Constitution :View Statutes: Online Sunshine Page] on Select Year: 2006 Go The 2006 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.661 Investment policies.--Investment of the assets of any local retirement system or plan must be consistent with a written investment policy adopted by the board. Such policies shall be structured to maximize the financial return to the retirement system or plan consistent with the risks incumbent in each investment and shall be structured to establish and maintain an appropriate diversification of the retirement system or plan's assets. (1) SCOPE.--The investment policy shall apply to funds under the control of the board. (2) INVESTMENT OBJECTIVES. -- The investment policy shall describe the investment objectives of the board. (3) PERFORMANCE MEASUREMENT. -- The investment policy shall specify performance measures as are appropriate for the nature and size of the assets within the board's custody. (4) INVESTMENT AND FIDUCIARY STANDARDS.--The investment policy shall describe the level of prudence and ethical standards to be followed by the board in carrying out its investment activities with respect to funds described in this section. The board in performing its investment duties shall comply with the fiduciary standards set forth in the Employee Retirement Income Security Act of 1974 at 29 U.S.c. s. 1104(a)(1)(A)-(C). In case of conflict with other provisions of law authorizing investments, the investment and fiduciary standards set forth in this section shall prevail. (5) AUTHORIZED INVESTMENTS.-- (a) The investment policy shall list investments authorized by the board. Investments not listed in the investment policy are prohibited. Unless otherwise authorized by law or ordinance, the investment of the assets of any local retirement system or plan covered by this part shall be subject to the limitations and conditions set forth in s. 215.47(1)-(8), (10), and (16). (b) If a local retirement system or plan has investments that, on October 1, 2000, either exceed the applicable limit or do not satisfy the applicable investment standard, such excess or investment not in compliance with the policy may be continued until such time as it is economically feasible to dispose of such investment. However, no additional investment may be made in the investment category which exceeds the applicable limit, unless authorized by law or ordinance. ht1p:/ /v.w\,v.leg .state. n.us/statutes/index.cfm ?mode=V iev/Yo20Statutes&Su bMenu= I &App... 31:26/2007 Statutes & Constitution :View Statutes: Online Sunshine Page 30f3 and made a part of the board's operational procedures. The policy shall provide for review of such controls by independent certified public accountants as part of any financial audit periodically required of the board's unit of local government. The internal controls should be designed to prevent losses of funds which might arise from fraud, error, misrepresentation by third parties, or imprudent actions by the board or employees of the unit of local government. (14) CONTINUING EDUCATION.--The investment policy shall provide for the continuing education of the board members in matters relating to investments and the board's responsibilities. (15) REPORTING.--The investment policy shall provide for appropriate annual or more frequent reporting of investment activities. To that end, the board shall prepare periodic reports for submission to the governing body of the unit of local government which shall include investments in the portfolio by class or type, book value, income earned, and market value as of the report date. Such reports shall be available to the public. (16) FILING OF INVESTMENT POLlCY.--Upon adoption by the board, the investment policy shall be promptly filed with the Department of Management Services and the plan's sponsor and consulting actuary. The effective date of the investment policy, and any amendment thereto, shall be the 31 st calendar day following the filing date with the plan sponsor. (17) VALUATION OF ILLIQUID INVESTMENTS.--The investment policy shall provide for the valuation of illiquid investments for which a generally recognized market is not available or for which there is no consistent or generally accepted pricing mechanism. If those investments are utilized, the investment policy must include the criteria set forth in s. 215.47(6), except that submission to the Investment Advisory Council is not required. The investment policy shall require that, for each actuarial valuation, the board must verify the determination of the fair market value for those investments and ascertain that the determination complies with all applicable state and federal requirements. The investment policy shall require that the board disclose to the Department of Management Services and the plan's sponsor each such investment for which the fair market value is not provided. History.--s. 2, ch. 2000-264. Copyright ~ 1995-2006 The Florida Legislature. Privacy Statement. Contact Us http://www.leg.state.fl.us/statutes/index.cfm ?m ode= V iew%20Statutes& S ubMenu= 1 &A pp... 3/26/2007 XII. - LEGAL ITEM 0.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\1 Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates ~ April 17, 2007 April 2, 2007 (Noon.) D June 1 9,2007 D May I, 2007 April 16,2007 (Noon) D July 3, 2007 D May 15,2007 April 30,2007 (Noon) D July 17, 2007 D June 5, 2007 May 14, 2007 (Noon) D August 7, 2007 Date Final Form Must be Turned in to City Clerk's Office June 4, 2007 (Noon) July 16, 2007 (Noon) ':-") 0 c:.l--i --I :=i-< ~ - c.; --0 -" :;:;0 -, - ::;0 1 C.l 0', 1 -: -- ::t:'~ --; --'- C) 1..0 - :::0 "-~ fll - , > \.0 ";""/ ;-) June 18,2007 (Noon) July 2, 2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM lXJ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Approve Resolution revising the procedures governing expenditures of the Community Investment Funds. EXPLANATION: Over the past several years, a wide variety of activities benefiting the community have been funded by Community Investment Funds. More recently, the policy for use of these funds has become more liberal with the underlying test still being whether the expenditure serves a public purpose. Since the determination of public purpose is reserved to the City Commission, a recommendation for different procedure is attached. The City auditors have reviewed the new procedure and find that it would provide adequate controls over these transactions. The City Commission, at the Commission meeting of April 3, 2007, requested that this be done via Resolution. PROGRAM IMP ACT: The new procedure would eliminate the need for administrative research as it would be presumed that a member of the Commission would not move a request forward without being personally satisfied that the use of funds serves a public purpose. FISCAL IMP ACT: N/A ALTERNATIVES: ~. Not approve the change to the Community Investment Funds procedure and remain with the use of Community Investment Funds that currently exists. 4t . "''''UJ'~ .. Hy Managcr', Signa"", ~ Department Head's Signature Assistant to City Manager e n / rje~~~~~~'~~~ City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION R 07 - ot.fCo 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REVISING THE PROCEDURES GOVERNING EXPENDITURES OF COMMUNITY INVESTMENT FUNDS; RESCINDING CONFLICTING PROVISIONS OF PREVIOUS RESOLUTIONS AND POLICIES GOVERNING THE PROCEDURE FOR EXPENDITURES OF COMMUNITY INVESTMENT FUNDS; AND PROVIDING AN EFFECTIVE DATE. 4 5 6 ..., / 8 9 10 11 12 WHEREAS, the City Commission of the City of Boynton Beach desires to revise the procedures governing expenditures of the Community Investment Funds which support projects and activities in the City which are accessible and beneficial to the citizens of the City; and WHEREAS, the City Commission is vested with the non-delegable authority to make determination of public benefit prior to the expenditure of public funds; and WHEREAS, passage of this Resolution will rescind all conflicting provisions of previous Resolutions and policies governing the procedure for expenditures of Community Investment Funds. 13 14 15 16 17 18 19 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 23 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 24 ratified and confirmed by the City Commission 25 Section 2. That the City commission of the City of Boynton Beach does hereby 26 revise the procedures for expending Community Investment Funds as follows: 27 Procedures for Consideration of Expenditures 28 The procedures for expenditures from the Community Investment Funds are as follows: 29 1. When an individual member of the Commission identifies a need for the use of 30 Community Investment Funds, the member of the Commission shall contact the City 31 Manager's Office with specifics of the request at least one day before the Pre-Agenda 32 Meeting. The summary of the request will be prepared in the form of an agenda coversheet 33 by the City Manager's Office listing the amount of the request, the organization and the 34 intended purpose of the Community Investment Funds. The City Manager's Office will also 35 include the available balance of Community Investment Funds for the member of the S:\CA\RESO\Community In\' Funds 040407.doc 17 PASSED AND ADOPTED this _ day of April, 2007. 18 19 CITY OF BOYNTON BEACH, FLORIDA 20 21 22 Mayor - Jerry Taylor 23 24 25 Vice Mayor - Jose Rodriguez 26 27 28 Commissioner - Ronald Weiland 29 30 31 Commissioner - Mack McCray 32 33 34 Commissioner - Carl McKoy 35 ATTEST: 36 37 38 Janet Prainito, City Clerk 39 40 (Corporate Seal) 1 2 3 4 5 6 7 8 9 10 11 Commission. The member's request will be placed on the Consent Agenda for approval as part of the Pre-Agenda Meeting. Unless removed from the Consent Agenda of the following City Commission meeting, the expenditure will be approved with the implied funding that the use serves a public purpose. 2. Any member of the Commission may pull the Consent item for the purpose of further discussing the public purpose and/or appropriateness of the expenditure. Following discussion the review shall conclude with either a motion to approve or a motion to deny. A motion to approve contains the implied finding that the use serves a public purpose. Section 3. The foregoing procedure shall not limit any member of the City 12 Commission from requesting staff s assistance in researching the appropriateness of the 13 proposed use of funds. 14 Section 4. That any and all previous Resolutions and/or Policies governing the 15 procedures for expenditures of Community Investment Funds are rescinded. 16 Section 5. That this Resolution will become effective immediately upon passage. S:ICA IRESOICommunity Inv Funds 040407.doc