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O86-03ORDINANCE NO. 86-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15 OFFENSES, MISCELLANEOUS, ARTICLE I. IN GENERAL; SECTION 15-8 NOISE CONTROL-SHORT TITLE. OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; BY AMENDING SECTION 15'8.2 SAME-TERMINOLOGY AND STANDARDS. BY AMENDING THE DEFINITION OF NOISE SENSITIVE ZONE~ TO CHANGE THE TERM "ENVIRONMENTAL CONTROL OFFICER" TO READ "COMPETENT AUTHORITY"; BY AMENDING SECTION 15-8.3 TO RENUMBER THE SAME AND TO ADD A PARAGRAPH B TO STATE THAT OFFICIALS ENGAGED IN THE MEASUREMENT OF NOISE AND COMPLIANCE WITH THIS ORDINANCE ~SHALL HAVE RECEIVED FORMALIZED TRAINING; BY DELETING THE EXISTING SECTION 15-8.5 NOISE CONTROL, PROHIBITED ACTS ~ND REPLACING THAT SECTION WITH A NEW SECTION TO BE ENTITLED SPECIFIC PROHIBITIONS WHICH TiONS CONCERNING RADIOS, TELEV INSTRUMENTS, AND'SIMILAR DEVICES; LOt STREET SALES; ANIMALS; LOADING STRUCTION; FIXED MECHANICAL SECTION 15-8.6 SAME-OPERAq ENFORCEMENT BY DELETING SAID THAT SEC WITH A LIST OF WHIC] ERN MOTOR VEHICLES, PROHIBI- BICAL ; ING; CON- NOISE AND REPLACING ~XEMP T ION S FIXE] 15~-8 REFE] ENF TO EQUIPMENT; BY~ FOR VIOLATT TO MUNICIPAL CONCERNING CODE ; BY'DELETING SECT[ BY RECEIVING LAND USE. AND EQUIPMENT, ON ~IL AND BOARD :-SOUND LIMI! NG L10 SOUND LEVEL FOR I AND ~MPULSE NOISE APPENDIX A-ZONING, SECTION 4 AND PERFO1LM~NCE STANDARDS. TO EL CONCERNING SOUND LEVEL ~LE LEVELS FOR SOUND li.3 CHANGE 4N ENV TO BE ENVII REVIEW COMMITTEE 3. TO CORREC! . TO SECTION 4N; PROV] PROVISION OF CHAPTER 15-8 OF ORDINANCES OF THE CITY OF SHALL RE~IN IN FULL FORCE AND EF ENACTED; PROVIDING :THAT EACH VISION'~ OF APPENDIX iA-ZONING} VlSI©NS AND SECTION 11~3 SHALL RE~;~IN IN FULL FORCE AND PROVIDE lNG G; PERMITS, THE OF TO 4M EVERY :LLANEOUS, 'THE CODE 'LORIDA ~IOUSLY PRO- PRO- REVIEW PERMITS PREVIOUSLY ENACTED; PROVIDING,AUTHORITY TO PROVIDING A CONFLICTS CLAUSE;i A SEVERABILITY, AND AN EFFECTIVE DATE; ANb FOR OTHER PURPOSES. NOW, THEREFORE, be it ordained by the City Council of the City of Boynton Beach, Florida, that: Section 1: Chapter 15 OFFENSES,MISCELLANEOUS, Article I, In General, Section 15-8.2 Same-Terminology and Standards is amended to read as follows: Section 15-8.2 Same-Terminology and Standards. Ail terminology used in sections 15-8 through 15-8.8, not defined below, shall be in conformance with applicable public- ations of the American National Standards Institute (ANSI) or its successor: A-weighted sound level. The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is desi§nated dBA. Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or on public or private right-of-way, structures, utilities or similar prOperty, and excluding well pointing. Decibel (DB). A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter). Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property. Emergency. Any occurrance or set of circumstances involving actual or emminent physical trauma or property damage which demands immediate action. Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. Impulse noise. A discrete noise or series of such noises of short duration (generally less than one (1) second) in which the sound pressure level rises very quickly to a high before decaying to the background level. L10 Sound level. The sound level exceeded for more than Ten percent (10%) of a measurement period which for the purposes of this Ordinance shall not be less than ten (10) minutes. Motorboat. Any boat or vessel propelled or. powered by machinery whether or not such machinery is the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski towing devices and hover craft. M~ltifamilY dwelling. A building or other shelter that ~as been divided into separate units to house more than one (1) family. Noise. Any sound which annoys or disturb~'~ humans or causes or tends to cause an adverse psychological or physiological effect on humans. Noise disturbance. Any sound in quantities which are or may be potentially harmful or injurious to human health or welfare animal or plant life, or property, or unnecessarily interfere with the enjoyment of life or property, including outdoor recreation, o~ a reasonable person with normal sensitiv£t~s. Noise sensitive zone. Existing quiet zones until designat~ otherwise by ~he-e~¥~o~me~at-es~st-~ee~ a competent autho~ty. Noise sensitive activities include but are not. limited to operations of schools, libraries open to public, churches, hospitals and nursing homes. Person. Any individual, association, partnership or corporation, and includes any officer, employee, department agency or instrumentality of the United States, or state or any political subdivision of a state. Powered model vehicle. Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket. Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place normally accessible to the public which is owned or controlled by a .governmental entity. Public space. Any real property or structure thereon normally accessible to the public. Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of measurement, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) tiguous one-third octave bands by five (5) dB for center freq of 500 Hz and above and by eight (8) dB for center frequencies between 160 and 400 Hz and by fifteen (15) dB for center freq less than or equal to 115 Hz. Real property line. An imaginary line along the surface, and its vertical plane extension, which separates the real prop owned, rented or leased by one person from that owned, rented or leased by another person, excluding intra,building real property division. Residential area. An area of land whose use is desi to provide only permanent housing and excluding all tourist accom- moita~ior~ which includes but is not limited to hotels, motels, apartment hotels, etc. RMS sound pressure. The square root of the time averaged square of the sound pressure. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity and frequency. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B, or C as specified in American National Standards Institute specification for sound level meters, ANSI SI. 4-1971, or in successor publica, tions. If the weight±ng employed is not indicalted, the A-Weighting ishall apply. Sound level meter. An instrument which includes a micro- phone, amplifier, RMS detector, integrator Or time averager, o~tput~ meter and weighting networks used to measure sound pressure levels° The output meter reads sound pressure levels when properly cali- brated, and the im.s~=~,mg if of Type 2 or bett~er, as specified in the American National Standards Institute Publication SI.4-1971, or its successor publications. Sound pressure. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy. Sound pressure level. Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals (20x106N/m2). The sound pressure level is denoted Lp or SPL and is expressed~in decibels. Weekday. a legal holiday. Any day Monday through Saturday which is not (Ord. No. 85-16, §2, 3-19-85) Section 2: Chapter 15 OFFENSES MISCELLANEOUS, Article I, In General, Section 15-8.3 Same-Program Administration is amended as follows: Section 15-8.3 Same-Program Administration. A. The noise control program established by sections 15-8 through 15-8.8 shall be administered by the city manager, or his designee, of the City of Boynton Beach, Florida. (Ord. No. 85-16, §2, 3-19-85) B. For the pu~,poses of this Ordinance and its enforcement municipal employees or officials engaged in the measurement of noise, assessing compliance with the Ordinance, making recommenda- tions for noise abatement, issuing noise violations citation.s, 97 giving evidence regarding noise violations shall have received ~ormalized training on these sub]ec~ from institutions or organ- izations of recognized ab~li'ty_~aqd experience in environmental acoz~g~ics~andnoi~se con~rol.~ Section 3: Chapter 15 OFFENSES MISCELLANEOUS~ Article I, In General, Section 15-8.5 Noise control-Prohibited acts is amended to read as follows: Section 15.8.5 Noise control-Prohibited acts. (a) Noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be made or continued any noise disturbances. ae~ess-a-~es&~em~&al-~eal-p~epe~ay-t&mev_e~_a~_amy~&me~ Yfeta~es-~he-p~ev~$~eas-ef-s. ee~em-t~-8=gv_e~eep~_fe~i, amY-memeemme~efa.t-p~bt'fe-speakfmg-e~-p~btfe_assembty= <~)---8~eee-sates=--W~fe~img-~s~-satev-sett~mg_amy~mg_~ ~¥e~s~ng-~y-,s~e~mg-o~-e~e~y-w~h~n~any-~es~en~at e~-eemme~e~at'a~ea-e~-ae~se-sens~¥e-mene_ef__~e_e~y= -Am~mats=--gwafmgv-pessess~mg-e~-ha~e~mg_amy_am~mal e~-~d-wh~eh-f~e~ea~ty-e~-fe~-eea~a~ed-~a~iemv_hewts= ~s~ksv-meewsv-sg~awks-e~-m~kes-e~e~-se~m~s_w~e~_e~ea~e_ a-neise-~isenz~amee-im-~ieta~em-ef-e~e-p~e¥~siems_ef se¢~ien-~-8=8-ae~ess-a-~ea~-p~epe~y-tfme-e~_wiahim_a me~se-sems~iye-m~me= <5)---Eoading-and-~nlemdingv-opemingv-etssing-e~-e~he~_han~timg °f-boxesv-e~a~esv-eom~a~me~sv-~ildimg-ma~e~i~sv_g~ge ¢~nse-~-neise-d~.s~n~Baaee-.ae~ess-~-~ea{-p~epe~y_e~_a~ e~-demoli{fem-we~k-~e{weea-{he-~e~-ef_~O0_p=m=_am~ en-M~ndmys-e~-he{id~ysv-s~eh-~hm~-~e, se~m~_~he~ef~em_ b)_~j___Spe'cific prohibitions. The following acts, and th~ causing or permitting thereof in such a m~nner as to create ~ noise disturbance across a reSidential or commercial real property line, or within a noise sensitive zone, or at anyt{me in violation :h~ provisions of Section 15-8.8, are hereby declared to be a violation of this Ordinance: (1) Radios, television sets, musical instruments, and similar devices. Operating, playing or permitting the operation or playing of any radio, teIevision, phonograph, drum, musical instm~ment or similar device which produces or reproduces sound either mechanically or electronically. o (2) Loudspeakers. Using or operating for any purpose other than those activities specifically exempted in section 15-8.6(4) below, any loudspeaker, loudspeaker~system or similar device, including sound emitting devices which may be physically attached to any motor vehicle. (3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything wibhin any area of the city. (4) Animals. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks or otherwise makes sounds which create a noise disturbance. (5) Loading or unloading. Loading, unloading, opening~ closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a noise disturbance. (6) Construction. Operating or causing the operation of any tools or equipment used ink,construction, drilling, excavation, clearing, repair, alteration or demolition work on-weekdays during the times specified in section 15-8.8, or at any time during (7) Sundays or legal holidays. Fixed mechanical equipment. Operating or causing the operation of fixed mechanical equipment located os ,=~al',p=0p~=~y including HVAC equipment, motors, engines, pumps, compressors, fans, tools, machinery, and its component parts, or any other similar statior ary mechanical devices and their component parts. except as otherwise exempted in Section 15-8.6.~6). Section 4: Chapter 15 OFFENSES MISCELLANEOUS, Article I, In General, Section 15-8.6 Operating Motor Vehicle, Noise Enforcement, is amended to read as follows: Section 15-8.6 Specific Exemptions. ~he-p~eeed~e-fe~-emfe~efmg-epe~a~fmg-me.~e~-wehfete-meise s~amda~s'shatt-Be~as-es~abtished-~n-ghap~e~-~t6~-Fte~da-$~a~es amd-apptfeaBte-~tes-aad-~eg~ta~fems-ef-{he-depa~mem~-ef-pett~{ie~ eemt~et-wf~h-~-he-eeepe~a~fem-ef-~he-Depa~{mem{-ef-Rfghway-$afe~y- The following acts and the causing or permitting thereof ~h~ll ~e .sRe_cifically exempted from the prohibitions of section 15-8.5 of this Ordinance: (1) Motor vehicles. Operating motor vehicle~ noise enforcement _procedures shall be as established in chapter 316, Florida Statutes, and applicable rules and regulations of the Department of Highway Safety and Motor Vehicles, provided however, that this exemption_ shall not appl~_to any sound emittin~ devices which may be attached to any motor vehicle as prohibited by sect~qn 15,8.5~.)(2). (2) Aircraft and interstate railway and locomotives and Noise generated by aircraft and interstate railway lOco- cars. motives and cars are exempt from the provision of this Ordinance. (3) Emergency activities. Any noise generated as a result of emergency work or for the purpose of alerting the public to the existence of an emergency situation. (4) Public speaking and assembl~. Any noise generated bY ~ny~np-r~commercial public speaking.pr R~blic assembly activities conducted pursuant to lawful authority on any public space or right-of-way, including spo~i~g events. (5) Domestic power tools and lawn maintenance__ e~uipment . ~ny noise g~nerated by the operation and use of-domestic power tools and lawn maintenance equipment. (6) Fixed mechanical equipment, noise generated by the ,operation and use of air conditioning units in residential districts. 10. Section 5: Chapter 15 OFFENSES MISCELLANEOUS, Article I, In General, Section 15-8.7 Same Penalty for Violation, is amended to read as follows: Section 15-8.7 Same-Penalty for Violation. ~ny-personT-f±rm-o~-coroporat~on-conVict~d-~n-m~nicipa~ eo~rt-or-other-conrt-Of-competent-jnr~sdict~on-o{-a-v~tmtion-~ s~t±ons-~=8-thrnght-tS=SrS-shatt-be-gnitty-of-a-m~sdem~an~r, pnn±shmbl~-by-a-f±ne-of-not-more-than-~ive-hnndred-d~tlars-{~$08rS( or-~nearn~rat±on-±n-the-nnminipmt~or-nonnty-jait-for-not-m~re-than th±rt?-~BD~-dmysT-or-bothT-and-shatt-mpy-att-costs-mnd-~xpensem ~nvolv~d-±n-th~-eas~r--~m~h-day-s~±d-viotmt±on-~ontinne~-~.hmtt-he m-~pmrat~-off~ns~r Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of sections 15-8 through 15-8.8 shall be guilty of a misdemeanor of the second degree, punishable by a fine and/or incarceration as provided by law. The City of Boynton Beach Code Enforcement Board shall have the authority and 3ur±sd±ct±on to prosecute such offenses. Each day said violation continues shall be a separate offense. Section 6: Chapter 15 OFFENSES MISCELLANEOUS, Article I, In General, Section 15-8.8 Same-Sound levels by receiving land use is amended to read as follows: Section 15-8.8 Same-Sound levels by receiving land use. ~a)-~e-pe~sem-shatt-epe~a~e-e~-eause-~e-~e-epe~a~e~-amy se~ee-e~-se~m~-e~he~-~ham-a-me~e~-we~e~e-~eimg-epe~a~e~-em-a- p~tie-~gh~-e~-way-im-e~e~-a-mamm'e~-as-~e-e~ea~e-am-e~e~ie~-e~- ~m~e~ie~-se~m~-~ewe~-e~-a~y-e~g~v-ime~img-a~-eemd~iem~mg- e~ipmen~v-wh~e~-exeee~s-~e-tim~s-se~-~e~h-fe~-~e-~eee~w~mg- meas~emem~-pe~ie~-w~ie~-~all-me~-~e-less-~am-~em-{lQ)-mim~es- w~em-meas~e~-a~-e~-w~im-~e-~e~m~a~ies-ef-a-p~epe~y-e~-w~im ~es~l~-ef-a-se~ee-ef-se~m~-~e~mg-leea~e~-em-seme-e~e~-p~epe~y. <~)-Pe~m~ss~te-se~m~-tevets-fe~-a-se~md-~amsm~e~-~e ~eee~¥~ag-lam~-ase-a~eas-~y.f~xe~-meeham~eal-e~a~pmem~-e~-e~he~ ae~se-sea~ees-leea~e~-em-~eal-p~epe~y-~aela~ag-pewe~-aeelsv 11. speake~s~-~adSesT-and-amp~f~e~s~-me~e~-vehfe½es~-e~§~es~ a~fma½s~-e~-e~he~-sfm~a~-dev~ees-sha~-~e~-e~eeed-~he-fe½~ew~ag e~faaaee?-t~ese-se~a~-fe~e~s-s~a½~-~e-~e~eemfae~-~sfa~-FA~-me{e~ ~espeasesv ~QgND-AEVEA$-B¥-RECEtVtNG-AANB-~E Ex{e~fe~ Resideneiat tO.O0-p.mr 60 Co~eeeia½ {O~OO-prm..to Ae-a~f-{{mes :~-. O0'a.m. {O=OO-prm. Ae.att-~mes 4~ ~he-maxfmum-so~nd-½eve{-eaused-by-{hese-sound-so~ees-shm{{-me~ exeeed'-~he-AtO'$eund-½eYet-½{mf~s-by-me~e-than-~he-va½ues-t~s~ed be½ew~ to~g-f~em-6~0O-avmv-to-t0~00-pvm. fi-gB-f~om-{0~O0.pvm~-~o-6~00-a~mr Fo~-any-seu~ee-of-seund-whfeh-emf~s-a-pu~e-~one-e~-imputs{ve-~ype ef-seundT-~he-sound-teve~-t~mi~s-fe~-At0-and-max~mum-seund-tewels- (a) Sound limits established. No person shall operate or cause to be operated any source of sound as enumerated in section 15-8.5.(b), and unless specifically exempted by section 15-8.6., in such a manner as to create an exterior or interior sound level of any origin which exceeds the limits set forth for the receiving land use category in question for more than ten (10) per cent or ~ny measurement period which shall not be less tb~n ten (10) minutes when measured at or within the boundaries of a property or within the confines of a building within the receiving land use and as a result of a source of sound being located on some other property. (b) L10 Sound level limits. Permissible sound levels 12. for sounds transmitted to receiving land use areas shall not exceed the following limits for L10 sound levels as defined herein. For the purpose of this noise control ordinance, these sound levels shall be determined .usin~ FAST meter responses: L10 Sound Level Receiving Land Use Category Time Limit (dB) Exterior Residential Exterior Commercial Interior Residential Interior Commercial 7:00 a.m. to 10:00 p~m. 60 10:00 p.m. to 7:00 a.m. At all times 55 65 7:00 a.m. to iO:oO p.~. 50 10:00 p.m. to 7:00 a.m. At all times 45 55 (c) Maximum sound leVel limits. The maximum sound level from any applicable sound sources shall not exceed the L10 sound level limits by more than the values listed below: 10dB from 7:00 a.m to 10:00 p.m. 5dB from 10:00 p.m. to 7:00 a.m. (d) · Pure tone and impulse noise. For any source Of sound which emits a pure tone or an impulse noise, as defined herein, the sound level limits for L10 and maximum sound levels shall be reduced by five (5) dB. Section 7: Appendix A-Zoning, Section 4, General Provision N. Performance Standards is hereby amended to read as follows: N. PERFORMANCE STANDARDS. Ail uses located within the city shall conform to the performance standards set forth below, and shall be constructed, maintained, and operated so as not to be a nuisance or hazard to persons, animals, vegetation, or property located on adjacent or nearby properties or rights-of-way; or to interfere with.the reasonable use or enjoyment of adjacent or nearby prope=ty by reason of noise, vibration, smoke, dust, or other particulate matter; toxi~ ~ or noxious matter; odors, glare, 13. heat or humidity, radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried out so as to create any nuisance or hazard which is a violation of any applicab] federal, state, county or city law or permit, and all such laws and permits are hereby adopted as performance stand~mds in these zoning regulations. Noise. No use shall be carried out in any zoning distri~ so as to create sound which is in violation of section 15-8 of the City of Boynton Beach Code of Ordinances. from-a-nmn-ra~igen~igl_zoning_~Li~ic~_~_~se~_exc~_ S~und-leuel-mea~emen~-~all,~e, made_wi~_a.~pe_2_~. ~eehami~al-e~&pmem~-w~&eh &s-pe~mamem~%F-af~ixe~- ARy-Time- 6Q Att-e~he~-s~ees 14. {n-al{-eases-whe~e-~he-p~e~fsfon-se~-fe~{h-a~eYe-eeaf'lfe{_wf{h_ see~fen-l~-8-ef-~he-~f~y-ef-~eya~e~-~eaeh-~ede-e~-G~dfaaaees~ ~he-p~e~sfeas-ef-see~ea-t~-~-shatl-§e~e~a~ ~he-p~ovis{oms-of-thfs-pa~ag~aph-shatt-met-appty-a~-amy-tfme_to_ the-foltowfng~ a=---geumd-emitted-f~em-the-epe~atiem-ef-mete~-¥ehietes-tegatty ope~ated-on-mny-publ~e-~ight-ef-way-whfeh-a~e-~egutated-by ~hap~er-3167-Fte~{da-~a~u~esT-Wn~fe~m-~aff~e-gea~et-Aawv P~ov{dedT-howe~e~7-~ha~-~h~s-e~emp~em-Shat~-me~-app~y_~e amY-se~nd-em{~fmg-dev~ee-wh~eh-may-be-phys~eatly-a~aehed-~8. b=---Any-nefse-gene~a{ed-by-{n~e~s{a~e-moEo~-end-~a{t-ea~{e~sv~an~ er---Any-nofse-gene~ated-as-a-~esult-of-eme~geney-we~k-e~-fe~-{he_ Pu~pese-of-ale~tfag-pe~so~s-~o-{he-exis{eaee-ef-a~y-eme~eaey, d=---An'y-nofse-gene~ated-by-any-publfe-speak{ng-o~-pub{fe-assemb{y way-pu~suam{-to-{mwfut-au~ho~ityv-fne{ud{ng-spo~t~ng-events=- eT---Nefse-geme~ated-by-demes'tfe-pewe~-teelsx-e~-t.awn-mewe~s_amd_ ag~ieultura{-equ{pmentx-between-the-hou~s-ef-~OO-a~mr_and_ f=---Amy-nefse-epe~ated-by-a¢{fvf~yv-maeh{nery7-o~-equ{pmem~- ~efe~red-te-fn-see~{em-l~-8.{j)-ef-the-~i~y-ef-Beym{em-Meach gede-ef-9~dfmameesv-p~eYfded-~ha{-s~eh-mefse-eahewfse-eemfe~m~ Section 8: Appendix A-Zoning, Section 11.3. Environmental Review Permits, B. Intent and Purpose, is amended as follows: B. INTENT AND PURPOSE. Those uses which require an environmental review permit in a zoning district are uses which be appropriate in the particular zoning district only upon findings by the environmental review committee to the effect that the establishment of the use in a particular manner on a specific site would not eems~e~e-am-~m~easemabte-m~isamee-e~hasa~d7 violate the provisions of section 4N, Appendix'A-Zoning, would not impair the functioning of any infrastructure or public service~ would not impair the use, enjoyment, value oH development of adjacent or nearby property, and would not impair the general appearance, comfort, convenience, good order, health, morals, prosperity, safety, or general welfare of the city or the public. Such uses may be allowed upon the submission, review, and approval of an application for an environmental review permit according to the standards, requirements and procedures set forth in this section. Section 9: Appendix A-Zoning, Section 11.3 Environmental Review Permits, D. Factors and Standards to Be Considered By the Znvironmental Review Committee in the Review. of Permit Application is hereby amended to read as follows: D. FACTORS AND STANDARDS TO BE CONSIDERED BY THE ENVIRON- MENTAL REVIEW COMMITTEE IN THE REVIEW OF PERMIT APPLICATIONS. ~o application for an environmental review permit shall be approved )y the environmental review committee unless the committee has made findings to the effect that the proPosed use and development of property conforms to standards set forth below. Approval of'an environmental review permit by the committee shall constitute a finding that the following standards have been men by application. The proposed use is allowed in the zoning district in which it would be located, subject to approval of an environmental review permit. The proposed use conforms to the intent and purpose of this section. o The proposed use meets the performance standards for nuisances and hazards set forth in section 4M 4N of these .zoning regulations. The proposed use conforms to accepted industry and insurance standards and good engineering principles and standards for the transport, storage, and use of materia] 16 o design of structureless, the design and operation of machinery, and the abatement or prevention of nuisances and hazards. o The proposed use would be compatible with the character of the surrounding area and tRe city as a whole, including both present and future development. 10. The proposed use would conform to the city's compre- hensive plan and any detailed plans adopted pursuant to the comprehensive plan. 11. The proposed use and development of the premises would conform to all applicable provisions of the City of Boynton Beach Code of Ordinances. 12. The proposed use would not have a significant adverse economic impact or blighting influence on adjacent or nearby property or the city as a whole, and would not significantly reduce property values or impair the developability of adjacent or nearby properties. 9. The height, bulk and location of proposed structures would be compatible with adjacent and nearby property, and the city as a whole. Proposed screening and buffering measures would be adequate for reducing nuisances, hazards and visual impacts. The proposed use would not constitute a serious hazard in case of flooding, storms, tornadoes, or hurricanes. The proposed use would be compatible with surrounding streets and roadways, would have adequate ingress, egress, and traffic control, would not significantly impair the safety or convenience of vehicular or pedes- trian traffic, and would provide necessary improvements on both private property and on rights-of-way, in order to mitigate negative impacts. Also, the proposed use would not cause damage or excessive wear to streets and roadways. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 17. The proposed use would have adequate access for police and fire protection, and emergency ambulance or rescue service. The proposed use would have adequate plans for emergen? cles zncluding fire and explosion and escape of f~h~ explosive, toxi~ or noxious materials. The proposed use would have adequate space for off- street parking and loading. The proposed use'would have adequate provision for solid waste collection. The proposed use would have adequate provision for the construction and maintenance of utilities and other public services. The pro.posed use would have appropriate hook-up locati¢ for utilities, and utility lines in the area are available for and are compatible with the proposed use. Adequate water supply and water lines exist for the fir flow ~hat w~uld be required for the proposed use, and the fire protection required for the proposed use would be compatible with available fire protection equipment. Also, fire hydrants would be located with sufficient proximity to the proposed use. Adequate water supply exists for the water that would be consumed by the proposed use. Waste water discharges from the proposed use would be compatible with the capacity of wastewater treanmenn facilities and would not impair the operation of wastewater treatment facilities. The proposed use would be staffed by qualified personnel so as to ensure the operation and maintenance of the use in conformance with the standards set forth in this section. 18. Section 10: Each and every other provision of Chapter 15 Offenses Miscellaneous Section 15-8 Noise Control Short Title. shall remain in full force and effect as previously enacted. Section 11: Each and every other provision of Appendix A-Zoning, Section 4. General Provisions and Section 11.3 Environmental Revie~ Permits shall remain in full force and effect as previously enacted Section 12: Specific authority is hereby given to codify this Ordinance. Section 13: Ail other Ordinancem orpartm ~fordinances in, conflict herewith are hereby repealed. Section 14: Should any section or provision of this Ordinance or any portion hereof be declared by a court of competent juris- diction to be invalid, such decision shall not affect the remainde~ of this Ordinance. Section 15: This. Ordinance shall become effective immediately Lpon passage. FIRST READING this /~ day of ~~~~ ,1986 SECOND READING AND FINAL PASSAGE this ~ day of ATTEST: CITY C~RK' CITY OF BOyNTON BEACH, FLORIDA C0~UN~L MEMBER C~;~C~E MEMBER