Boyn02 Chapter 2
ZONING
Sec. 1. Definitions of terms.
Sec. 2. Scope and authority of the zoning
regulations.
Sec. 3. Regulations and map.
Sec. 4. General provisions.
Sec. 5. Residential district regulations and use
provisions.
Sec. 6. Commercial district regulations and
use provisions.
Sec. 7. Planned industrial development
district.
Sec. 8. M-1 industrial district regulations and
use provisions.
Sec. 8.5 Overlay zones.
Sec. 9. Administration and enforcement.
Sec. 10. Reserved
Sec. 11. Supplemental regulations.
Sec. 11.1. Nonconforming uses and structures.
Sec. 11.2. Conditional uses.
Sec. 11.3. Environmental review permits.
Sec. 12. Interpretation and purpose.
Sec. 13. Existing bulkhead line ratified and
confirmed.
Sec. 14. Bulkhead line; permit required for
land filling.
Sec. 15. Conflict of interest.
Sec. 16. Bed and breakfast.
Sec. 17. Sidewalk café.
Sec. 18. Urban central business district.
Sec. 1. Definitions of terms.
GENERAL DEFINITIONS. All words used in the present tense shall include the future tense; All words in the singular number shall include the plural number; and all words in the plural
number shall include the singular number unless the natural construction indicates otherwise; the words "used for" shall include the meaning "designed for," the word structure shall
include the word "building," the word "lot" shall include the words "plot and tract," and the word "shall" is mandatory.
Sec. 2. Scope and authority of the zoning
regulations
A. SCOPE. This zoning regulation is a comprehensive zoning regulation for the City of Boynton Beach, Florida; dividing the city into districts and establishing the boundaries thereof;
regulating and restricting the erection, construction, reconstruction, alteration, repair, or use of buildings, structures or land or water; regulating and restricting the height, number
of stories, and size of buildings and other structures; regulating and restricting the percentage of lots that may be occupied; regulating and restricting the size of yards, courts,
and other open spaces; regulating and restricting the density of population; regulating and restricting the location or use of buildings, structures, and land and water for trade, industry,
residence, agriculture, and other purposes; defining certain terms herein used; providing for the administration, enforcement and amendment of this regulation; establishing and defining
the powers and duties of the planning and development board; establishing and defining the powers and duties of the board of adjustment; setting penalties for violation of this zoning
regulation and authorizing resort to other remedies to prevent or abate violation; providing that this zoning regulation shall supersede any previous zoning ordinance or resolution;
and for other purposes.
B. AUTHORITY. Pursuant to the provision of the charter of the City of Boynton Beach, Florida, the City Commission of the City of Boynton Beach, Florida, has adopted and hereby declares
the intent to utilize the "Official Zoning Regulations" (together with the official zoning map) for the betterment of the city as so entrusted to them.
Sec. 3. Regulations and map.
This set of regulations together with the official zoning map with explanatory matter thereon, shall be known, used and may be cited as the "Official Zoning
Regulations of the City of Boynton Beach, Florida, Palm Beach County."
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A. OFFICIAL ZONING MAP.
1. Adoption. The district boundaries hereinafter set forth and delineated on the official zoning map, including all explanatory matter thereon, is hereby adopted. The official zoning
map shall be maintained as a digital format GIS document. The most recent version of the official zoning map shall be kept on file, in printed form, in the office of the City Clerk.
2. Updates. The City Commission may amend the official zoning map from time to time by ordinance. The official zoning map shall be notated to list all revision dates.
3. Establishment of zoning districts:
The City of Boynton Beach is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby
declared a part of the official zoning regulations:
R-1-AAA Single-family residential district
R-1-AAB Single-family residential district
R-1-AA Single-family residential district
R-1-A Single-family residential district
R-1 Single-family residential district
R-2 Single- and two-family residential
district
R-3 Multiple-family residential district
C-1 Office and professional district
C-2 Neighborhood commercial district
C-3 Community commercial district
C-4 General commercial district
CBD Central business district
PUD Planned unit development district
PCD Planned commercial development
district
PID Planned industrial development
district
M-1 Industrial district
PU Public usage district
REC Recreation
AG Agriculture
4. Changes in district boundaries. In accordance with the provisions of these official zoning regulations, applicable provisions of the charter of the City of Boynton Beach, and applicable
provisions of Chapter 163 of Florida Statutes, changes may be made in district boundaries or other matter portrayed on the official zoning map by action of the City Commission of Boynton
Beach. Within thirty (30) days after the passage and the receipt of a properly attested copy of a change or an amendment by ordinance, the planning director or development director
shall make the proper change on the official zoning map and shall keep on file the copy of the change and make same available for reference for the general public.
5. Rules for interpretation of district boundaries.
a. Extent of district boundaries: The zoning within any district extends throughout the entire area of the district unless otherwise specifically provided.
b. Boundary locations: District boundaries follow lot lines, centerlines of right-of-ways of streets, alleys, railroads, canals, lakes, the corporate limits as they exist at the
time of this document, or other geographical or topographical features.
In unsubdivided property, unless dimensioned, lines shall be determined by the use of the scale on the map.
c. Boundaries following waterway shorelines. District boundaries will follow changes in shorelines, except where such interpretation would change the zoning classification of a lot
or parcel, and in each case, the interpretation shall avoid changing the zoning of any lot or parcel. Submerged lands shall assume the regulations of the district adjacent as the district
shall be construed to extend into the water area in a straight projection until met centerwise by other districts.
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d. Boundaries concerning abandonment. If the boundaries are not changed, the zoning of the property abutting shall extend into and to the centerline or to such ownership line as
can be deter-mined of the property abandoned.
e. Boundaries and zoning. Boundaries and zoning of all lands annexed into the city shall be determined at the time of annexation.
f. Boundary variations. Where there are variations or where the actual location on the ground differs from the mapped location, the interpretation shall be to avoid changing the
status of any lot or parcel, or the interpretation shall be made by the planning director and/or the planning and development board and City Commission as to the intent and purpose of
these official zoning regulations.
g. Division of a lot of record. If a division of a lot of record makes impractical the reasonable use of land, the extension of either portion may be permitted as an exception beyond
a district line to a determined extent or into the remaining portion of a lot upon approval by the planning and development board and the City Commission.
6. Application of district regulations. The regulations set by the zoning regulations within each district shall be minimum or maximum limitations, as appropriate to the case, and
shall apply uniformly to each class or kind of structure, use, or land or water except as hereinafter provided:
a. Use. No building or structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or
altered except in conformity with the regulations herein specified for the district in which it is located.
b. Height and density. No building shall hereafter be erected, constructed, reconstructed or altered to exceed the requirements of the defined zones.
c. Yards and other spaces. No part of a yard or other space or the off-street parking or loading space required about any building for the
purpose of complying with the provisions of this ordinance shall be included as part of the yard or off-street parking or loading space required for another building.
d. Limitation on number of principal buildings on lots in residential areas. Except as hereinafter provided, only one (1) principal residential building, and its customary accessory
buildings, except for multi-family buildings and cluster development, may hereafter be erected on any lot.
e. Public street frontage. Each shall be erected on a lot which abuts or has access to a public or private street, road or easement for ingress or egress. Such access shall be of
adequate width to suit the use of the property and shall meet the requirements of the city.
7. Application of zoning regulations and adopted plans or design guidelines. Where the adopted comprehensive plan for the city, adopted plans for the development or redevelopment
of particular areas of the city or adopted design guidelines include policies which impose limitations or requirements on the use or development of property generally or for specific
properties, which are more restrictive than those set forth in these zoning regulations, including district regulations and use provisions, including policies which limit the type or
intensity of use of property, residential densities, or the height, setbacks, bulk, or design of structures, or site design, the more restrictive limitations or requirements set forth
in such adopted guidelines or plans shall supersede the provisions of these zoning regulations.
8. Application of zoning regulations and other regulations. Where other use or development regulations are more restrictive than those set forth in these zoning regulations, or in
the case of conflict between specific provisions contained in these zoning regulations, including regulations which limit the type or intensity of use of property, residential densities,
the height, setbacks, bulk, or that regulate site design, the more restrictive regulations shall apply.
(Ord. No. 02-013, § 2, 4-2-02)
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Sec. 4. General provisions.
A. ONE PRINCIPAL BUILDING PER LOT. Within single-family residential districts only one (1) principal building and its accessory building shall occupy or be constructed upon any lot
or lots or portions of lots that may be combined to meet the size required for each district.
B. ACCESSORY BUILDINGS. Accessory buildings in residential districts shall be constructed to conform with the minimum building and site regulations that are generally applicable in
the district where the building is to be located, provided, however:
1. All accessory buildings shall be located only in the side or rear yard; and
2. Detached storage structures of any type construction not exceeding one hundred (100) square feet in floor area and eight (8) feet in height for a flat roof or nine (9) feet in height
at peak for a sloped roof, may be erected to a point at least three (3) feet from the side property line and/or at least three (3) feet from the rear property line providing no easement
rights are abridged. Where the detached storage structure is visible from an adjacent right-of-way or abutting property, it shall be effectively screened with appropriate landscaping,
a wall and/or a fence.
C. BUILDING FRONTAGE. Every principal building shall be located on a lot or a publicly dedicated, accepted and maintained street or private street which conforms to accepted street
standards of this city.
D. DUAL FRONTAGE LOTS, ALSO REFERRED TO AS "THROUGH LOTS". The predominant building orientation on the block where the dual frontage lot is located shall determine front and rear setbacks.
No accessory structures may be forward of the front building line, as determined above (example: pools, sheds, swing set, etc.). Additionally, fences, walls, and hedges may be placed
at the regulated height for rear yards, as determined above, provided there is a provision made for a hedge
along the street-side of the wall or fence. Said wall or fence must be setback a minimum of 18 inches from the property line and planted with a continuous hedge at a minimum of one-half
the height of the wall or fence. Said landscape material shall be appropriately irrigated.
E. VISUAL OBSTRUCTIONS. No fence, sign, planting, hedge, shrubbery, wall or other visual obstruction shall be created or maintained with a height greater than two feet six inches above
the street level, within twenty-five (25) feet of the intersection of the right-of-way lines of two (2) streets, in any zone, except that open chain-link type fences may be a maximum
of four (4) feet and kept visually clear.
F. HEIGHT LIMITATIONS AND EXCEPTIONS
1. No portion of any structure intended to be utilized for residential, commercial or industrial purposes within the municipal limits of the City of Boynton Beach, Florida, shall exceed
the height of forty-five (45) feet above the minimum finished floor as required by the building code, except as noted below.
2. Water, cooling and fire towers, radio and television towers of commercial nature, church spires, places of assembly, domes, cupolas, flagpoles, electrical and mechanical support
systems, parapets, and similar structures, and their necessary mechanical appurtenances may be erected within a structure or on top of the structure, above the district height limitations
provided herein, after obtaining approval of the City Commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph
3 below.
3. In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered
in relation to the following standards, where applicable:
a. Whether the height exception will have an adverse effect on the existing and proposed land uses.
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b. Whether the height exception is necessary.
c. Whether the height exception will severely reduce light and air in adjacent areas.
d. Whether the height exception will be a deterrent to the improvement or development of adjacent property in accord with existing regulations.
e. Whether the height exception will adversely affect property values in adjacent areas.
f. Whether the height exception will adversely influence living conditions in the neighborhood.
g. Whether the height exception will constitute a grant of a special privilege to an individual owner as contrasted with the public welfare.
h. Whether sufficient evidence has been presented to justify the need for a height exception.
i. The City Commission may, in connection with processing of application for exception hereunder, refer same to the planning and development board for recommendation.
4. In residential zones, freestanding television and citizens’ band broadcasting antennae may not exceed twenty-five (25) feet in height, and no freestanding antenna may be constructed
within the building setback lines. Roof-mounted or wall-supported antennae may exceed the maximum district height regulation by ten (10) feet; but in no instance, may an antennae exceed
the roof line height by more than fifteen (15) feet.
a. With respect to private community antenna systems as defined in this code, the aforesaid twenty-five (25) feet height regulation shall not apply. In the instance of private community
antenna systems, a receiving antenna may not exceed
forty-five (45) feet in height unless an exception is granted by the City Commission, and no part of any receiving antenna may encroach in any setback.
5. In residential zones, freestanding transmitting antennae are subject to the following limitations:
a. No freestanding base tower and antenna shall exceed forty-five (45) feet in height.
b. No freestanding base tower with or without an antenna shall be constructed within the building setback lines.
c. No freestanding base tower shall be constructed without having first secured a permit from the city development director.
d. Roof-mounted transmitting antennae shall not exceed the roof line height by more than twenty (20) feet.
6. An application fee shall be payable to the city as adopted by resolution of the City Commission.
7. Notwithstanding any other provision of the Land Development Regulations, including the provisions of this section, telecommunication towers shall only be permitted as a conditional
use in the PU public usage district and REC recreation district.
G. CUL-DE-SAC. The allowed frontage of a lot when shaped by a cul-de-sac or the frontage of
any other irregular shaped lot, shall be measured at the setback or building line, and shall be not less than seventy-five percent (75%) of the required lot frontage in the applicable
zoning district.
H. TEMPORARY BUILDINGS. Temporary buildings such as models, offices and tool sheds used in conjunction with construction work only, may be permitted in any district after approval
of the Building Inspection Department and the removal of which is accomplished within thirty (30) days after construction ceases or is completed.
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I. PUBLIC BUILDINGS. All buildings and properties city owned and operated and engaged in the performance of a public function may be permitted in any district as defined herein.
J. OTHER STRUCTURES. To further clarify the definition of structure as applied to all districts and boundaries, the following shall apply except that corner lots shall be regulated
by other parts of this ordinance. The following structures shall be permitted in front, rear or side setbacks as provided in this ordinance, in any zone, except where so noted; taking
into consideration existing easements:
1. Fences, hedges and walls shall not exceed eight (8) feet in height, above finished grade, in residential zones, except that in front setbacks, from the building line forward to
the property line, the maximum height shall be four (4) feet. On corner lots, both road frontages are subject to the four (4) foot height limitation, in accordance with Chapter 2, Section
4.E., "Visual Obstructions". In Multi-family zones, the maximum height within the front yard setback shall be six (6) feet (chain link fences shall be used only in combination with hedge
that shall be maintained at height of fence). Hedges situated adjacent to golf courses, golf driving ranges, interstate highways or parcels supporting railroad tracks shall not exceed
ten (10) feet in height, above finished grade. When walls or fences are constructed as a part of a subdivision or site plan approval adjacent to a public right-of-way, consistent with
this section, a setback of a minimum of eighteen (18) inches must be maintained for landscaping purposes.
2. Fences, hedges and walls in other zones shall not exceed six (6) feet in height, above finished grade except in PID and M-1 zones, chain link fences shall be allowed to eight (8)
feet height and may be topped by not more than three strands of barbed wire. Hedges situated adjacent to golf courses, golf driving ranges, interstate highways or parcels supporting
railroad tracks shall not exceed ten (10) feet in height, above finished grade.
3. Eaves, cornices, gutters, facia boards, copings, soffits, downspouts, belt courses, window sills, window and/or door trim, applied finish
materials, roof and/or equipment vents, sillcocks, fire hose connections, meters, sand boxes, light fixtures, hardware, shutters, bay windows, dripcaps, telephone and cable boxes, electrical
risers and outlets, window boxes, thermometers, handrails, condensate drains, shower heads and ornamental architectural features shall not overhang or exceed the setback lines for more
than three (3) feet.
4. Rock gardens.
5. Fish or lily ponds, eighteen-inch maximum depth.
6. Private pump housing, and pool/spa equipment, not to exceed three (3) feet in height and not installed in front yards.
7. Arbors and trellises, provided that there shall be maintained a minimum three (3) foot setback from property line. In addition, there shall be a maximum height of ten (10) feet.
A greater height will be allowed if the trellis is an extension of an eave/facia.
8. Permanent or retractable awnings, canopies, storm shutters, marquees or covered walkways projecting from a building wall over a required yard setback not more than two and one-half
(2½) feet, and having no supports other than provided by the wall or its integral part.
9. Chimneys projecting not more than three (3) feet into the required yard setback.
10. Fire escapes or unenclosed staircases, the riser of which shall be at least fifty (50) percent open, provided that the vertical projection downward onto a required yard setback
shall not project more than five (5) feet into, and shall not exceed ten (10) percent of, the area of the required yard setback.
11. Flagpoles having only one structural ground member. Flags projecting off of a structure shall not extend beyond the setback line for more than three feet and in no case shall extend
beyond the property line.
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12. Fountains; provided that nonportable fountains shall not exceed nine (9) feet in height, shall be setback three (3) feet from side and rear property lines and shall occupy no more
than 100 square feet.
13. Heating, ventilation and air conditioning units (including compressors and condensers) for single-family or duplex dwellings, provided the exhaust air from such units is directed
vertically or away from the adjacent property line. Heating, ventilation and air conditioning units and intake and exhaust fans for nonresidential uses shall be set back a minimum of
five (5) feet from property line.
14. Mailboxes and newspaper boxes.
15. Open terraces, including walkways, unenclosed decks and slabs, natural plant landscaping and docks, with or without canopy. Docks projecting into waterway owned by a different
property owner than the owner of the dock shall require prior approval at time of permitting from the owner of the waterway. In addition, the dock, all mooring piles, groins, seawalls,
jetties, revetments, or similar structures and facilities related thereto, shall not extend further into the waterway than 1/4 of the width of the waterway for private or commercial
docking and mooring facilities.
16. Open, uncovered stoops, steps and platforms for the principal building, but not to exceed three (3) feet in height.
17. Recreational equipment (of the type not requiring a permit) in the rear yard setback in residential districts.
18. Sculpture or other similar objects of art, provided they meet the same requirements above for fountains.
19. Signs, subject to the provisions of the sign code.
20. Trees, shrubbery or other objects of natural growth.
21. Wells.
22. Utility, cable and telephone transmission lines and associated structures, such as poles.
23. Basketball goals, provided there is a minimum three (3) foot setback from the rear and side interior property lines and a minimum fifteen (15) foot setback from front and side
street property lines.
24. Light poles having only one (1) structural ground member and portable landscape lighting.
25. Barbecue pits not to exceed six (6) feet by six (6) feet and provided they are set back three (3) feet from side and rear property lines.
26. Raised planters, provided they are set back three (3) feet from side and rear property lines and shall have a maximum height of six (6) feet.
All other structures similar to the above shall require applications to the development director.
(Ord. No. 96-01, § 1, 1-16-96; Ord. No. 96-29, § 1, 5-7-96; Ord. No. 96-32, § 1, 8-8-96; Ord. No. 00-39, § 1, 8-1-00)
K. REQUIRED SQUARE FOOTAGE. Residential square footage shall be computed as follows:
Screen rooms 10%
Attached carports, roofed over open
porches 25%
Attached garages, roofed over screened
porches and utility rooms 50%
All other area under roof 100%
Accessory building shall not be counted as required living area.
L. BUFFER WALLS. For new construction or major modification to existing developments, where a commercial and/or industrial district abuts a residential district, a solid, stucco masonry
wall
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painted on both sides at least six (6) feet in height shall be located within the required side and/or rear yards except with respect to corner lots, said buffer walls shall be required
only on interior lot lines. Said buffer walls shall not abridge any easement rights or be constructed over any existing utilities in any easement area and shall be setback two (2) feet
from adjoining property lines. With respect to the C-1 (Office and Commercial Professional District), the solid masonry wall may be replaced with a dense vegetative buffer of at least
two (2) feet in height at the time of planting. Said vegetative buffer to be maintained by the project developer.
Construction of said decorative masonry wall or planting of said vegetative buffer shall be completed prior to issuance of the certificate of occupancy for the building or buildings
sought to be built in connection therewith.
M. SATELLITE DISH ANTENNAE. For the purpose of clarifying regulations, satellite dish antennae are hereby classified into two groups. Group A antennae are those that will fit within
a one meter cube. Group B antennae are those that will not fit within a one meter cube. All antennae in both groups are allowed in all zoning districts, subject to the following criteria:
a. General provisions:
(1) No satellite dish antenna shall be installed or modified without first obtaining a permit from the development department.
(2) All applications for the installation of Group B satellite dish antennae shall be accompanied by proper certification that the installation will withstand a Category 2 hurricane
and is adequately grounded for protection from a direct lightning strike.
(3) Satellite dish antennae shall not be located forward of the front of any building, in any required side yard, or within eight (8) feet of the rear property line.
(4) All Group B satellite dish antennae shall be screened on three (3) sides with landscape materials or walls with landscaping which are of a height equivalent to the total height
of the mounted satellite dish.
(5) For all Group B antennas lot size must comply with zoning regulations.
(6) Portable Group B satellite dish antennae are not allowed.
(7) No exterior satellite dish antenna may be used for display or advertising purposes, and none shall have writing thereon which is visible from a public right-of-way or residential
district.
(8) Satellite dish antennae shall conform with provisions of Chapter 20, Buildings, Housing and Construction Regulations, of the Boynton Beach Land Development Regulations, the Standard
Building Code and the amendments thereto as adopted by the city provided such provisions do not conflict with any standards set forth in this section, in which case this section shall
control.
b. Special provision:
(1) Satellite dish antennae installed to serve single-family or duplex homes must also comply with the following requirements:
(a) Only one (1) non- commercial satellite dish antenna will be permitted for each residential dwelling unit.
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(b) Group B satellite dish antennae shall be freestanding, ground mounted, and self supporting without structural connections to any other structure or building.
(c) No part of any satellite dish antenna installation may extend beyond the height of the horizontal eave line of the uppermost floor of any single-family or duplex home.
(2) Satellite dish antennae installed to serve any use other than single-family or duplex homes must also comply with the following requirements:
(a) Chapter 4 of the Land Development Regulations.
(b) Only one (1) Group B satellite dish antenna may be located in a multifamily complex and it may not be located on a roof. Nothing in this provision shall be construed to alter
or impair any rights, authority, or restrictions imposed by deed or under the rightful authority of any homeowners’ association.
(c) A Group B satellite dish antenna installed in commercial and industrial zoning districts may not be located on a roof so that the dish is visible from a public right-of-way
or residential district, except as stipulated in 1.a.(4) hereinbefore.
(d) Group B satellite dish antennae which are mounted on a tower and used for communication in connection with the operation of a business shall provide reasonable screening and
shall be subject to conditional use approval.
(3) Satellite dish antennae properly permitted prior to April 4, 1995 may remain in place notwithstanding provisions stipulated herein but they may not be replaced, reconstructed
or modified without bringing the entire installation into full compliance with this section.
N. PERFORMANCE STANDARDS. All 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 property by reason of noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors,
glare, 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 violation of any applicable federal, state, county, or city law or permit, and all such laws and permits are hereby adopted as performance
standards in these zoning regulations.
1. Noise. No use shall be carried out in any zoning district so as to create sound which is in violation of Section 15-8 of the City of Boynton Beach Code of Ordinances.
2. Vibrations. No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments
at any point at or beyond the property lines of the property on which the use is located.
3. Smoke, dust, dirt, or other particulate matter. No use shall be carried out within any zoning district so as to allow the emission of smoke, dust, dirt or other particular matter
which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the
property lines of the property on which the use is located. Furthermore, no use shall be carried out so as to allow the emission of any substances in violation of any federal, state,
county or city laws or permits governing the emission of such substances.
4. Odors and fumes. No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be
readily perceptible at any point at or beyond the boundary of industrial districts. For all nonindustrial districts, the standards contained in this paragraph shall apply where
the district abuts any residential district.
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5. Toxic or noxious matter. No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage
to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property
on which the use is located; or to contaminate any public waters or any groundwater.
6. Fire and explosion hazards. No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any
persons or property thereon. Furthermore, the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of
Boynton Beach Code of Ordinances.
7. Heat, humidity, or glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the
property line of the property on which the use is located. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which
is a conforming use according to these zoning regulations, so as not to create a nuisance to such residential uses.
8. Liquid waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity or manner which is not in conformance with the provisions
of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, state or county laws or permits.
9. Solid waste. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City
of Boynton Beach Code of Ordinance, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way.
10. Electromagnetic interference. No use shall be carried out in any zoning district so as to create electromagnetic radiation which causes
abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined by the principles and standards adopted by the Institute of Electrical and
Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out in any zoning district so as to cause electromagnetic radiation which does
not comply with the Federal Communications Commission regulations, or which causes objectionable electro-magnetic interference with normal radio or television reception in any zoning
district.
11. Hazardous materials, hazardous waste, and toxic substances.
a. Prior to the issuance or renewal of a business tax receipt in the city, the operator of any use that uses, handles, stores, displays, or generates hazardous materials, hazardous
waste, or a toxic substance, as the same are defined in 40 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative
Code, and requires a permit for same from a state or federal agency, or requires periodic reporting to a state or federal agency, shall be required to file a Fire Department Hazardous
Material Disclosure Form in accordance with Part III, Section 9-71 of this code.
b. The operator of any such use shall be required to design and construct, prior to occupancy, an appropriate separate spill containment system to hold spilled hazardous materials
for cleanup, independent from the storm water drainage system, along with an appropriate early warning monitoring program. The containment system and monitoring program shall be a type
which is generally acceptable to the Florida Department of Environmental Regulation and the South Florida Water Management District, and shall serve all structures or areas where hazardous
materials are used, handled, stored or displayed, or where hazardous wastes are generated.
c. Depressed truck wells which are utilized by users of hazardous materials and generators of hazardous waste shall provide a drainage system which shall be designed and maintained
to include oil and grease receptors, and open bottom sedimentation
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pumps as pollutant retardant structures. Such systems shall be designed so as to prevent pollutants from entering surface waters and groundwater. Parking areas and driveways adjacent
to truck wells shall be designed to divert runoff to storage and exfiltrations systems on-site, prior to discharge into surface waters or storm sewers.
d. Those using, storing, displaying, or generating hazardous materials, hazardous waste, or toxic substances shall develop hazardous materials response plans prior to the operation
of such uses, which shall require the approval of the Fire Marshal. This plan shall identify appropriate measures for contamination response including, but not limited to:
(1) Provision of equipment and trained personnel on-site or a contract with a contamination response firm meeting Florida Department of Environmental Regulation standards, where
appropriate;
(2) Specification of follow-up water quality monitoring programs to be implemented in the event of contamination;
(3) Specification of design and operational measures to contain and direct contaminated surface runoff away from lakes, ponds, canals, drainage structures and/or other connections
to the surficial aquifer;
(4) Specifications for the development and implementation of an early warning monitoring program;
(5) Proof of financial responsibility which will assure that cleanup costs can be provided;
(6) A copy of the permit issued by or application for permit to the governmental agency or agencies responsible for permitting the handling, storage, display, or generation of the
particular hazardous materials, hazardous wastes, or toxic substances. Where only periodic reports are required to be supplied to such agencies, copies of these reports shall be provided
to the Fire Marshal;
(7) Where the information required under Sections (1) through (6) above is required as part of the information required for permitting by or reporting to part of the information
required for permitting by or reporting to governmental agencies responsible for regulating hazardous materials or hazardous wastes, this information shall be considered sufficient for
the purpose of this section.
O. ELECTRIC SUBSTATIONS, SWITCHING STATIONS AND UTILITY FACILITIES. Electric substations, switching stations and utility facilities are allowable in all land use categories and zoning
districts subject to full site plan review as described in Chapter 4 and subject to screening on all sides with walls or acceptable landscaping as described in Chapter 9, Section 10,
paragraph C4. (Ord. No. 96-51, § 1, 1-21-97; Ord. No. 96-66, § 1, 1-7-97; Ord. No. 99-24, § 2, 9-7-99; Ord. No. 01-52, § 3, 10-4-01; Ord. No. 02-011, § 2, 3-19-02; Ord. No. 03-048,
§ 2, 10-7-03; Ord. No. 04-027, § 2, 4-20-04; Ord. No. 05-034, § 3, 7-19-05; Ord. No. 06-096, § 2, 1-2-07)
Sec. 5. Residential district regulations and use
provisions.
A. R-1-AAA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create the lowest population density of not more than 3.48 dwelling units per acre.
1. Uses permitted. Within any R-1-AAA single-family residential district, no building, structure, land or water shall be used except for one of the following uses:
a. Single-family dwellings including the garages and other customary accessory buildings. Carports are not allowed. Disaster shelters are permitted. The shelters are to be used
only for the designated purpose in times of danger.
b. Churches* and other places of worship* with their attendant accessory uses, including daycare and pre-school facilities*, conforming with Section 11.C hereinafter.
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10 Boynton Beach Code
c. City-owned and -operated facilities.
d. Private golf courses and associated clubhouse facilities including private bath, swim, tennis or country clubs and community or city owned and operated recreation clubs and
associations, specifically excluding driving ranges or tees, miniature courses and similar uses operated as separate ventures from the primary use or uses.
e. Primary and secondary schools, seminaries, colleges and universities, conforming with Section 11.C hereinafter.*
f. Home occupations conforming with Section 11.D hereinafter.
g. Community residential homes with six or fewer residents as defined in Florida Statutes Chapter 419.
h. Nursery schools, day care centers and other preschool facilities.*
1A. Conditional uses allowed. Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance
with the procedures set forth in Section 11.2 hereinafter.
2. Building and site regulations:
a. The following lot and building setback requirements shall be observed:
Minimum lot area 12,500 square feet
Minimum lot frontage 100 feet
Minimum front yard 30 feet
Minimum rear yard 35 feet
Minimum side yard 30 feet each side
Minimum living area 2,200 square feet
Maximum lot coverage 35 percent
Maximum structure height 25 feet
b. On corner lots adjacent to the street, the side yard setback shall be not less than one-half (1/2) the front yard requirement, except
where the corner lot faces a different street than the remaining lots in the block, then the front setback shall be maintained on both streets.
c. Community residential homes shall not be located within a radius of 1,000 feet of another existing similar facility.
3. Off-street parking. As provided in Section 11-H hereinafter. (Ord. No. 96-51, § 2, 1-21-97)
B. R-1-AAB SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create a maximum density of 4.84 dwelling units per acre.
1. Uses permitted. Within an R-1-AAB single-family residential district, no building, structure, land or water shall be used except for one of the following uses:
a. Any use permitted in the R-1-AAA district.
2. Building and site regulations:
a. The following lot and building setback requirements shall be observed:
Minimum lot area 9,000 square feet
Minimum lot frontage 90 feet
Minimum front yard 25 feet
Minimum rear yard 20 feet
Minimum side yards 10 feet each side
Minimum living area 1,800 square feet
Maximum lot coverage 45 percent
Maximum structure height 30 feet
b. On corner lots, the side yard setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street
frontages provide typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner
lot, no rear yard setback shall be required, only side yard setbacks shall be imposed.
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Zoning 11
c. For lots platted prior to June 13, 1975, the following administrative adjustments to the minimum yard setbacks may be allowed, subject to provision of justification by applicant:
Front and side yard 80% of required
Rear yard 75% of required
d. Special rear yard setback reductions for single story additions may be applied in the following situations, provided it is not utilized in conjunction with any other rear yard
reductions provision:
Rear Yards abutting:
I-95 or railroad tracks: 50% reduction
Intracoastal: 50% reduction
Lakes: 50% reduction
Golf Course: 50% reduction
Canals with
R-O-W > 150 feet 50% reduction
Canals with
R-O-W < 150 feet 33% reduction
Perimeter walls of
community that abut
other than residential 50% reduction
Commercial/Industrial 50% reduction
Public/Private Park: 50% reduction
e. The setback reduction provisions contained in c. and d. above are not applicable to residential lots within Planned Unit Developments (PUD's) without formal action of the Home
Owner Association (HOA) in writing, and an approved modification of the PUD Master Plan.
f. The setback reduction provisions contained in c. and d. above shall not supersede any setbacks that are recorded on a plat.
g. An administrative variance may be granted if any first floor addition follows the building line of a legally non-conforming single-family structure, or a building line previously
approved by a variance.
3. Off-street parking. As provided in Section 11-H hereinafter.
C. R-1-AA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create a maximum density of 5.4 dwelling units per acre.
1. Use permitted. Within any R-1-AA single-family residential district, no building, structure, land or water shall be used except for one of the following uses:
a. Any use permitted in the R-1-AAA or R-1-AAB districts.
2. Building and site regulations:
a. The following lot and building requirements shall be observed:
Minimum lot area 8,000 square feet*
Minimum lot frontage 75 feet
Minimum front yard 25 feet
Minimum rear yard 20 feet
Minimum side yard 10 feet each side
Minimum living area 1,600 square feet
Maximum lot coverage 45 percent
Maximum structure height 30 feet
*In areas developed and/or platted prior to June 13, 1975, the minimum lot area shall be seven thousand five hundred (7,500) square feet and the minimum side yard shall be seven and
one-half (7 1/2) feet.
b. On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street
frontages provide typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner
lot, no rear yard setback shall be required, only side yard setbacks shall be imposed.
c. For lots platted prior to June 13, 1975, the following administrative adjustments to the minimum yard setbacks may be allowed, subject to provision of justification by applicant:
Front and side yard 80% of required
Rear yard 75% of required
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12 Boynton Beach Code
d. Special rear yard setback reductions for single story additions may be applied in the following situations, provided it is not utilized in conjunction with any other rear yard
reductions provision:
Rear Yards abutting:
I-95 or railroad tracks: 50% reduction
Intracoastal: 50% reduction
Lakes: 50% reduction
Golf Course: 50% reduction
Canals with
R-O-W > 150 feet 50% reduction
Canals with
R-O-W < 150 feet 33% reduction
Perimeter walls of
Community that abut
other than residential 50% reduction
Commercial/Industrial 50% reduction
Public/Private Park: 50% reduction
e. The setback reduction provisions contained in c. and d. above are not applicable to residential lots within Planned Unit Developments (PUD's) without formal action of the Home
Owner Association (HOA) in writing, and an approved modification of the PUD Master Plan.
f. The setback reduction provisions contained in c. and d. above shall not supersede any setbacks that may be recorded on a plat.
g. An administrative variance may be granted if any first floor addition follows the building line of a legally non-conforming single-family structure, or a building line previously
approved by a variance.
3. Off street parking. As provided in Section 11-H hereinafter.
D. R-1-A SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create a maximum density of 5.8 dwelling units per acre.
1. Uses permitted. Within any R-1-A single-family residential district, no building,
structure, land or water shall be used except for one of the following uses:
a. Any use permitted in the R-1-AAA, R-1-AAB, R-1-AA districts.
2. Building and site regulations:
a. The following lot and building requirements shall be observed.
Minimum lot area 7,500 square feet
Minimum lot frontage 60 feet
Minimum front yard 25 feet
Minimum rear yard 20 feet
Minimum side yard 7 1/2 feet each side
Minimum living area 1,400 square feet
Maximum lot coverage 45 percent
Maximum structure height 30 feet
b. On corner lots the side yard setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street
frontages provide typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner
lot, no rear yard setback shall be required, only side yard setbacks shall be imposed.
c. For lots platted prior to June 13, 1975, the following administrative adjustments to the minimum yard setbacks may be allowed, subject to provision of justification by applicant:
Front and side yard 80% of required
Rear yard 75% of required
d. Special rear yard setback reductions for single story additions may be applied in the following situations, provided it is not utilized in conjunction with any other rear yard
reductions provision:
Rear Yards abutting:
I-95 or railroad tracks: 50% reduction
Intracoastal: 50% reduction
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Zoning 13
Lakes: 50% reduction
Golf Course: 50% reduction
Canals with
R-O-W > 150 feet 50% reduction
Canals with
R-O-W < 150 feet 33% reduction
Perimeter walls of
Community that abut
other than residential 50% reduction
Commercial/Industrial 50% reduction
Public/Private Park: 50% reduction
e. The setback reduction provisions contained in c. and d. above are not applicable to residential lots within Planned Unit Developments (PUD's) without formal action of the Home
Owner Association (HOA) in writing, and an approved modification of the PUD Master Plan.
f. The setback reduction provisions contained in c. and d. above shall not supersede any setbacks that may be recorded on a plat.
g. An administrative variance may be granted if any first floor addition follows the building line of a legally non-conforming single-family structure, or a building line previously
approved by a variance.
3. Off-street parking. As provided in Section 11-H hereinafter.
E. R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create a maximum of 7.26 dwelling units per acre.
1. Uses permitted. Within any R-1 single-family residential district, no building, structure, land or water shall be used except for one of the following uses:
a. Any use permitted in the R-1-AAA, R-1-AAB, R-1-AA or R-1-A district.
2. Building and site regulations.
a. The following lot and building requirements shall be observed.
Minimum lot area 6,000 square feet
Minimum lot frontage 60 feet
Minimum front yard 25 feet
Minimum rear yard 20 feet
Minimum side yards 7 1/2 feet
Minimum living area 1,200 square feet
Maximum lot coverage 50 percent
Maximum structure height 30 feet
b. On corner lots, the side yard setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both
street frontages provide typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a
corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed.
c. For lots platted prior to June 13, 1975, the following administrative adjustments to the minimum yard setbacks may be allowed, subject to provision of justification by applicant:
Front and side yard 80% of required
Rear yard 75% of required
d. Special rear yard setback reductions for single story additions may be applied in the following situations, provided it is not utilized in conjunction with any other rear yard
reductions provision:
Rear Yards abutting:
I-95 or railroad tracks: 50% reduction
Intracoastal: 50% reduction
Lakes: 50% reduction
Golf Course: 50% reduction
Canals with
R-O-W > 150 feet 50% reduction
Canals with
R-O-W < 150 feet 33% reduction
Perimeter walls of
Community that abut
other than residential 50% reduction
Commercial/Industrial 50% reduction
Public/Private Park: 50% reduction
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14 Boynton Beach Code
e. The setback reduction provisions contained in c. and d. above are not applicable to residential lots within Planned Unit Developments (PUD's) without formal action of the Home
Owner Association (HOA) in writing, and an approved modification of the PUD Master Plan.
f. The setback reduction provisions contained in c. and d. above shall not supersede any setbacks that may be recorded on a plat.
g. An administrative variance may be granted if any first floor addition follows the building line of a legally non-conforming single-family structure, or a building line previously
approved by a variance.
3. Off-street parking. As provided in Section 11-H hereinafter.
F. R-2 SINGLE- and TWO-FAMILY DWELLING DISTRICT. These district regulations will create a maximum density of 9.68 dwelling units per acre. It is the intent to accommodate a compatible
development of higher density buildings with commonly called duplexes together with single-family dwellings but at no lower standards of quality.
1. Uses permitted. Within any R-2 single-or two-family dwelling district, no building, structure, land or water shall be used except for one of the following uses:
a. Any use permitted in the R-1-AAA, R-1-AAB, R-1-AA, R-1-A and R-1 districts.
b. Two-family dwellings.
c. Nursery schools, day care centers and other preschool facilities* (see Section 11-C)
1A. Conditional uses allowed. Those uses specified in subsection 5.F.1. above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered
and granted in accordance with procedures set forth in Section 11.2 hereinafter.
2. Building and site regulations:
a. The following lot and building requirements shall be observed:
Minimum lot area 4,500 square feet
per dwelling unit
Minimum lot frontage 75 feet
Minimum front yard 25 feet
Minimum rear yard 25 feet
Minimum side yards 10 feet each side
Minimum living area 750 square feet per
unit
Maximum lot coverage 40 percent
Maximum structure height 25 feet, not to
exceed 2 stories
b. For single family, use R-1 regulations.
c. On corner lots, the side yard setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street
frontages provide typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner
lot, no rear yard setback shall be required, only side yard setbacks shall be imposed.
3. Off-street parking. As provided in Section 11-H hereinafter.
G. R-3 MULTIPLE-FAMILY DWELLING DISTRICT. These district regulations will create a maximum density of 10.8 dwelling units per acre. It is the intent of this district to provide a
higher residential density which encourages vertical structures and flexibility in multiple-family living and that a certain amount of multiple-family dwelling is necessary and desirable
and can complement certain areas if located appropriately and if properly designed. Therefore, factors to be considered are:
The location and nature of the area.
An area of substantial size to provide a buffering or graduation of uses to be considerate or to complement adjacent uses or districts.
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Zoning 15
The proximity to large concentrations of activities such as business, employment, and other facilities and services. Sufficient and definitive traffic arteries to adequately service
the area.
Designs that provide light, are passage, water drainage, ingress and egress, parking and traffic circulation, open space and on-site recreation, maintenance areas and community meeting
provisions for the inhabitants.
1. Uses permitted. Within any R-3 multiple-family dwelling district, no building, structure, land or water shall be used except for one of the following uses:
a. Any use permitted in the R-1-AAA, R-1-AAB, R-1-AA, R-1-A, R-1 or R-2 districts.
b. Multiple-family residential structures, including apartments, cooperatives, condominiums, town houses, and their attendant recreational facilities and having no commercial business
connected therewith but can be equipped to serve meals to their occupants.
c. Private clubs, lodges and fraternal organizations.*
d. Golf courses, swimming and tennis clubs, and similar recreational facilities.*
e. Rooming and boarding houses.*
f. Community residential homes with up to 14 residents as defined in Florida Statutes Chapter 419.*
1A. Conditional uses allowed. Those uses specified above which were followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance
with the procedures set forth in Section 11.2 hereinafter.
2. Building and site regulations:
a. For multiple-family dwellings, rooming and boarding houses; and community residential homes:
Minimum lot area 4,000 square feet
Minimum lot frontage 100 feet
Minimum front yard 40 feet
Minimum rear yard 40 feet
Minimum side yards 20 feet each side
Minimum living area 750 square feet per
unit
Maximum lot coverage 40 percent
Maximum structure height 45 feet, not to
exceed 4 stories
Minimum spacing between 1,200 feet (radius)
community residential homes
b. Single-family dwellings shall conform with R-1 requirements (see Section 5, paragraph E-2). Duplex dwellings shall conform to R-2 requirements (see Section 5, paragraph F-2).
c. All other permitted uses:
Minimum lot area 20,000 square feet
Minimum lot frontage 100 feet
Minimum front yard 40 feet
Minimum rear yard 40 feet
Minimum side yards 20 feet each side
Minimum living area As governed by
applicable regulatory
agency
Maximum lot coverage 40 percent
Maximum structure height 4 stories, not to
exceed 45 feet in
height
3. Off-street parking. As provided in Section 11-H hereinafter.
H. AG AGRICULTURAL DISTRICT. These district regulations are intended to apply to those areas of Boynton Beach, the present use of which is primarily agricultural or the future use
of which is uncertain.
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16 Boynton Beach Code
1. Uses permitted. Within any AG, Agriculture District, no building, structure, land or water shall be used except for one or more of the following uses:
a. Agricultural uses which include, by way of illustration but not by way of limitation, the following: nurseries, greenhouses, orchards, raising of field crops, tree crops, vegetables
or flowers on a commercial scale;
b. Wholesale and retail facilities when clearly incidental to a permitted agricultural use;
c. Buildings such as attendant residency, equipment shelters and the like whose use is clearly incidental to an approved agricultural use;
d. Preservation or conservation uses intended to maintain the general openness or vegetation of the land for environmental, educational, archaeological or open space reasons;
e. Single-family homes on 2.5 acre lots including private stable facilities provided that animals are kept for recreational uses only and not kept for sale or resale.
1A. Any use listed under 5.H.1. above which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the same are defined by 40
Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require a hazardous material review in accordance
with the Fire Department Hazardous Material Disclosure requirements of Part II, Section 9-71 of this code.
2. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and building comply
with the following regulations:
Minimum lot frontage 200 feet
Minimum lot area One (1) acre
Minimum front yard 50 feet
Minimum side yard 50 feet, each side
Minimum rear yard 50 feet
Maximum structure height 45 feet, not to
exceed four (4)
stories
3. Off-street parking. As provided in Section 11-H hereinafter.
I. REC RECREATION DISTRICT. These district regulations are intended to apply to those existing and proposed recreational areas not located in planned unit developments. Included in
these areas are both public and private recreational tracts and the waters of Lake Worth and the Intracoastal Waterway. It is the specific intent of these regulations to preserve recreational
areas for current use and for the future, consistent with the comprehensive plan and with the subdivision regulations.
1. Uses permitted. Within any REC, Recreation District, no building, structure, land or water shall be used except for one or more of the following uses:
a. All public, private and semi-private recreation areas, including parks, playgrounds, clubs and golf courses;
b. All non-profit entertainment or athletic facilities, including beaches, marinas, campgrounds, stadia and playing fields, swimming pools and community centers;
c. All water-based activities incidental to the use of the Intracoastal Waterway and the waters and shores of Lake Worth;
d. Preservation or conservation uses intended to maintain the general openness or vegetation of the land for environmental, educational, archaeological or open-space reasons.
1A. Conditional uses allowed. All profit or non-profit uses or enterprises considered ancillary to any of the above permitted uses.
1B. Any use listed under 5.I.1. which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or toxic substance, as the same are defined by 40 Code of
Federal Regulations,
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Zoning 16A
Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require shall require a hazardous material review in accordance with the Fire
Department Hazardous Material Disclosure requirements of Part II, Section 9-71 of this code.
2. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and building
comply with the following regulations:
Minimum lot frontage 100 feet
Minimum lot area one (1) acre
Minimum front yard 25 feet
Minimum side yard 25 feet, each side
Minimum rear yard 25 feet
Maximum structure height 45 feet, not to
exceed four (4)
stories
3. Off-street parking. As provided in Section 11-H hereinafter.
J. PU PUBLIC USAGE DISTRICT. These district regulations are intended to apply to those areas within the city whose ownership and/or operation is public or whose use is largely publicly
or institutionally oriented, exclusive of those areas whose use is primarily recreational.
1. Uses permitted. Within any PU, Public Usage District, no building, structure, land or water shall be used except for one or more of the following uses:
a. Public buildings and facilities such as city hall, police and fire stations, libraries, public schools, public utilities and cemeteries;
b. Private or semi-private institutions (excluding churches and schools) such as hospitals, utilities, and other non-profit facilities;
c. Other governmental agencies such as those providing postal, administrative or regulatory services;
d. Telecommunication towers.
1A. Any use listed under 5.J.1. above which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or toxic substance, as such may be defined by 40 Code
of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require a hazardous material review in accordance with
the Fire Department Hazardous Material Disclosure requirements of Part II, Section 9-71 of this code.
2. Building and site regulations. No building or portion thereof shall be erected, constructed converted, established, altered, enlarged or used unless the premises and building comply
with the following regulations:
Minimum lot frontage 75 feet
Minimum lot area 8000 square feet
Minimum front yard 25 feet
Minimum side yard 15 feet, each side*
Minimum rear yard 25 feet*
Maximum structural height 45 feet, not to
exceed four (4)
stories
Maximum structural height 60 feet, not to
(hospitals only) exceed four (4)
stories
*When abutting residential districts, side and/or rear yard shall be thirty (30) feet. For hospital buildings, additional setback in excess of thirty (30) feet shall be required for
any height over forty-five (45) feet. The additional setback shall be measured by calculating three (3) additional feet of setback for each foot in height above forty-five (45) feet,
not including minimal roof top equipment that are eligible for a height exception per Section 4.F.2.
3. Off-street parking: As provided in Section 11-H hereinafter.
K. PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of the Land Development Regulations is hereby incorporated by reference into these zoning regulations, and all planned unit developments
shall be considered zoning districts on
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the official zoning map. Chapter 2.5, and all planned
unit developments approved in accordance with Chapter 2.5, shall be subject to all applicable provisions of these zoning regulations, except as otherwise provided for in Chapter 2.5.
L. INFILL PLANNED UNIT DEVELOPMENT (IPUD). The Infill Planned Unit Development (IPUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate
infill and redevelopment on parcels less than five (5) acres in size. Parcels five (5) or more acres in size shall comply with normal Planned Unit Development regulations found in Chapter
2.5 of the Land Development Regulations.
1. Intent and expectations.
a. The IPUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the Federal
Highway Corridor Community Redevelopment Plan, Study Areas I and V. A mixture of uses including residential, retail commercial and office, may be allowed to the extent that no land
use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed.
b. It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of the basic development standards
in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but
not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above-stated planning expectations are met in the
proposed development plan.
c. The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated to automatically approve the level of development intensity requested for the IPUD.
Instead, it is expected to approve only such level of
intensity that is appropriate for a particular location in terms of land use compatibilities. The city may require, as a condition of approval any limitation condition, or design factor
that will provide a reasonable transition to adjacent development.
d. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Further, it must be an enhancement to the local
area and the city in general. Presentation of projects that fail to do so will be denied.
e. Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPUD project will not be entertained
as a valid argument for the inclusion of that same feature in any other IPUD project if the city decides to reject those features.
2. Application process.
a. The procedures and requirements for applying for rezoning to the IPUD district are the same as those for rezoning to the PUD district as stated in Chapter 2.5, Section 10, of the
Land Development Regulations.
b. When the IPUD is to be developed in a single phase, the site plan for the development may also represent the master plan.
c. The entire property proposed for development as an IPUD shall be under common ownership or unified control, so as to ensure unified development.
3. Development standards.
Minimum lot area 1 acre
Maximum lot area 5 acres
Maximum height 45 feet (lesser height
may be required for
compatibility with
adjacent development)
Maximum lot coverage (building) 50%
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Zoning 16C
Maximum density Determined by land use:
10.8 du/ac for land classified High Density Residential (HDR) or Local Retail Commercial (LRC) ; or
20 du/ac for lands classified Special High Density Residential
Minimum usable open
space per dwelling unit 200 square feet
Perimeter setbacks Shall mirror setbacks of
adjacent zoning district(s)
but with a minimum of the setback required for a single-family residence, as determined by the orientation of structures in the IPUD.
4. Additional standards.
a. Building design elements.
(1) Massing. The proportions and relationships of the various architectural components of the buildings should be utilized to ensure compatibility with the scale of other development
in the vicinity. The buildings should not detract from or dominate the surrounding area.
(2) Materials. A variety of materials must be utilized to provide visual interest to the buildings. Colors and materials must be selected for compatibility with the site and the
neighboring area. The exterior building design must be coordinated on all elevations with regard to color, materials, architectural form, and detailing to achieve design harmony and
continuity.
(3) Articulation. Well-articulated buildings and architectural interest and variety to the massing of a building and help break up the monotonous facades. A variety of features
must be incorporated into the design of the buildings to provide sufficient articulation of the facades. This may be achieved by incorporating the use of vertical
and/or horizontal reveals, stepbacks, modulation, projections, roof detailing, and three dimensional details between surface planes to create shadow line and break up flat surface areas.
(4) Overall design. Design of the project shall be tailored to the specific site and shall take into consideration the protection and enhancement of any natural features of or adjacent
to the site as an element in the overall design.
b. Screening and buffering.
(1) Appropriate screening and buffering will be required.
(2) Such screening must shield neighboring properties from any adverse effects of the proposed development.
(3) Screening and buffering must also be used to shield the proposed development from the negative impacts of adjacent uses.
(4) Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properties from parking areas and driveways.
c. Pedestrian circulation.
(1) Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces.
(2) In all cases, pedestrian access shall be provided to public walkways.
d. Usable open space.
(1) Shall be required for residential development projects and mixed-use residential projects;
(2) Shall include active or passive recreational space;
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(3) Shall not be occupied by streets, drives, parking areas, or structures other than recreational structures:
(4) Shall be designed to be available and accessible to every dwelling unit proposed;
(5) Shall, where feasible, be centrally located in the development; and
(6) Shall not include private courtyards natural areas and water bodies.
e. Trash collection.
(1) Special emphasis shall be placed on trash collection points.
(2) Trash containers or dumpsters must be screened and designed such that they are not visible from or disruptive to adjacent properties, streets, and rights-of-way while still being
conveniently accessible to their users and collectors.
(3) Dumpsters or trash containers shall not be located within setbacks abutting single-family residential developments.
f. Mixed land uses.
(1) Within the IPUD, mixed land uses may be proposed.
(2) Commercial uses shall only be allowed for developments fronting on streets classified as "arterial" on the "Functional Classification of Roadways" map in the Boynton Beach Comprehensive
Plan.
(3) Such development must be found compatible with adjacent uses and established design characteristics.
(4) Any commercial uses shall be small-scale retail and services, primarily to serve the residents of the IPUD, and not the public in general.
(5) Any commercial uses must front on the arterial roadway or on an access wholly contained within the project with neither entrance nor exit on or visible from or disruptive to
adjacent properties, streets, and rights-of-way.
g. Compatibility with surrounding development.
(1) Compatibility will be judged on how well the proposed development fits within the context of the neighborhood and abutting properties. For this purpose, elevations and cross-sections
showing adjacent structures shall be included with the site plan application.
(2) If vegetation, screening or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses, the city may grant some relief from the
following two requirements:
a. Any IPUD located adjacent to an existing single-family residential development(s) must locate structures of the same unit type or height allowed by the adjacent zoning district(s).
b. Structures on the perimeter of an IPUD project, in addition to the basic setback requirements, must be set back one (1) additional foot for each one (1) in height for the perimeter
structures that exceed thirty (30) feet.
(3) If an IPUD is located with frontage on the Intercoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage build will not
exceed in width the boundaries of the project’s actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit.
h. Vehicular circulation.
(1) Privately owned streets providing secondary vehicular circulation internal to the IPUD may be considered for approval with rights-of-way and pavement widths less than the
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requirements stated in the city’s Land Development Regulations. However, in no case shall health, safety and/or welfare be jeopardized.
(2) Roadways providing external connections to the city’s street network shall meet all requirements contained in the city’s Land Development Regulations.
i. Exterior lighting. Lighting of the exterior, parking areas and watercraft docking facilities of the planned development shall be of the lowest intensity and energy use adequate
for its purpose, and shall not create conditions of glare that extend onto abutting properties.
j. Natural features. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space.
(Ord. No. 96-32, § 1, 8-8-96; Ord. No. 96-51, § 2, 1-21-97; Ord. No. 98-36, § 1, 9-15-98; Ord. No. 99-23, § 1, 9-7-99; Ord. No. 99-24, § 1, 9-7-99; Ord. No. 02-025, § 2, 6-18-02; Ord.
No. 04-027, § 3, 4-20-04; Ord. No. 04-061, § 2, 8-17-04; Ord. No. 04-068, § 2, 8-17-04; Ord. No. 05-034, § 4, 7-19-05; Ord. No. 05-041, § 2, 8-2-05; Ord. No. 06-011, § 2, 1-17-06)
Sec. 6. Commercial district regulations and use
provisions.
A. C-1 OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These district regulations will provide appropriate space for office and professional uses, located to provide ready access to such
services for all.
1. Uses permitted. Within any C-1 office and professional zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered or used, in whole
or in part, except for one (1) or more of the following specified uses (single-family occupancy when incidental and necessary to main use is permitted). Those uses, however, which
are listed in 1A. below shall require conditional use approval prior to the establishment of these uses:
a. Churches and other places of worship and attendant accessory uses. Day care centers, primary and secondary schools, seminaries, and colleges and universities shall not be construed
to be an accessory use to a place of worship, however.
b. Financial institutions, including drive-through facilities.
c. Funeral homes.
d. Funeral home with Crematorium.*
e. Government facilities, including public community centers, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal use.
f. Hospitals.
g. Medical and dental offices and clinics.
h. Nursing and convalescent homes.
i. Pharmacies, medical and surgical supplies; orthopedic, invalid and convalescent supplies; eyeglasses and hearing aids.
j. Professional and business offices.
k. Veterinary offices and clinics, excluding outdoor kennels, or keeping of animals for purposes other than treatment, and excluding on-site disposal of animals.
l. Reserved.
m. Nursery schools, day care centers, and other preschool facilities* (See Section 11.C.).
n. Instruction or tutoring, with a gross floor area of less than two thousand (2,000)
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square feet, limited to instruction for office occupations, or academic tutoring, and specifically excluding art, recreational, trade, or industrial instruction.
o. Instruction or tutoring, with a gross floor area of two thousand (2,000) square feet or more, limited to instruction for office occupations, or academic tutoring, and specifically
excluding art, recreational, trade or industrial instruction.*
p. Academic schools, regardless of floor area, including primary and secondary schools, seminaries, colleges, and universities.
q. Copying service. Print shops shall be allowed subject to obtaining a hazardous material or toxic substance review in accordance with Part II, Section 9-71 of this code.
r. Restaurants,* subject to the following conditions:
(1) No restaurant is to be allowed in an office building or complex of less than twenty-five thousand (25,000) square feet.
(2) No restaurant shall occupy more than five (5) per cent of the total square footage of the office building or structure.
(3) No signage for the restaurant shall be placed on any freestanding sign for the office building or complex.
(4) Hours of operation shall be limited from 6:00 a.m. to 5:30 p.m.
(5) Seating shall be limited to forty (40) seats or less.
s. Barber shops, beauty salons, manicurists, tailors and dressmakers.*
t. Dental laboratories.*
u. Reserved.
v. Photography studio services excluding retail sales of photography and picture accessories and developing/finishing of customer film.
1A. Conditional uses allowed. These uses specified above in subsection 6.A.1. which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered
and granted in accordance with the procedures set forth in
Section 11.2.
1B. Fire Department Hazardous Material Disclosure required. Any use listed under 6.A.1. or 6.A.1A. above which uses, handles, stores, displays, or generates hazardous materials, hazardous
waste, or a toxic substance as the same are defined by 40 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code,
shall require a Fire Department Hazardous Material Disclosure in accordance with Part II, Section 9-71 of this code.
2. Uses prohibited.
a. Any outdoor display of merchandise.
b. Self-service storage facilities (mini-warehouses).
3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings
shall comply with the following regulations:
Minimum lot frontage 75 feet
Minimum lot depth 120 feet
Minimum lot area 9,000 square feet
Maximum lot coverage
(building) 40 percent
Minimum front yard 30 feet
Minimum rear yard 20 feet
Minimum side yards 10 feet*
Maximum structure height 30 feet, not to
exceed 2 stories**
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*When abutting residential district, side and/or rear yards shall be thirty (30) feet.
**Exceptions:
1. Maximum height for hospital shall be forty-five (45) feet not to exceed four (4) stories.
2. Building designed for under building parking shall be thirty-five (35) feet maximum. *(Conditional use approval required.)
4. Off-street parking. As set forth in Section 11.H hereinafter.
B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. These district regulations will provide a limited number of small commercial facilities of a retail convenience nature, intended to service
individual residential neighborhoods. Generally, the desired locations for these facilities are near and about the geocenter or other planned nucleus of the neighborhood, conforming
to the general development plan.
1. Uses permitted. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected altered, or used, in whole
or in part, except for one (1) or more of the following specified uses. Those uses, however, which are indicated in 1A. below shall require conditional use approval prior to the establishment
of these uses:
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Zoning 17
All stores and shops in the C-2 district shall be limited to retail sales.
a. Any use permitted in C-1 district.
b. Any use which is a conditional use in the C-1 zoning district.*
The following uses, provided that the gross floor area of such use does not exceed five thousand (5,000) square feet:
c. Automobile parts and marine hardware stores, excluding any installation on premises, and excluding machine shop service.
d. Camera and audio-visual equipment and supply stores.
e. Furniture stores and home furnishings; antique stores, excluding auction houses, shall be a permitted use if limited to selling only objects of value such as quality antiques,
art objects, jewelry and the like, but not used merchandise generally.
f. Flower shops and sale of house plants.
g. Bicycle shops.
h. Luggage stores.
i. Music stores.
j. Art and ceramic stores.
k. Jewelry and cosmetic stores.
l. Locksmith shops.
m. Sporting goods, excluding sale of ammunition or firearms; game, and toy stores; bait and tackle shops.
n. Paint, wallpaper, tile, carpet, draperies, blinds and shades, and interior decorator shops.
o. Office supplies, equipment, and furniture.
p. Art, craft, trophy, hobby, and costume shops, and sewing supplies; art galleries and artists’ studios.
q. Book stores, religious goods, card shops, tobacco shops, and news stores.
r. Pet shops, excluding kennels or boarding of animals or keeping animals in outdoor kennels.
s. Repair or service shops, excluding rebuilding or refinishing for retail goods that are typically sold in the stores which are permitted uses in the C-2 district. All outdoor display
or storage in conjunction with such uses shall be prohibited, however.
t. Televisions; radio, video, and stereo equipment and supplies.
u. Household appliances and parts for same.
v. Curio, souvenir, and gift shops, excluding sale of used merchandise.
w. Beer and wine sales, limited to consumption off premises.
x. The following personal and household services: Barber shops, beauty salons, manicurists, tanning salons, pet grooming, off-premises carpet and upholstery cleaning, maid service,
tailors and dressmakers.
y. Laundromats and retail laundering services, provided that the floor area for such uses is entirely enclosed.
z. Retail photographic studios and photofinishing service.
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aa. Fabrication and installation of furniture slipcovers.
bb. Taxicab offices and parking, excluding service or repairs on the premises.
cc. Automotive service stations, without major repairs (see definitions: "major repairs"), and including car washes as an accessory use, provided that at least one (1) frontage lies
along a four-lane collector or arterial road, and the site is developed in accordance with Section 11.L. In the C-2 district, repair and service of vehicles, other than refueling, shall
be limited to automobiles, motorcycles, and pick-up trucks with a rated capacity of not more than one (1) ton. All repair and service of vehicles shall be done within an enclosed building.*
dd. Print shops.
ee. Dry-cleaning service, limited to handling goods that are brought to the premises by retail customers.
ff. Private clubs, lodges, and fraternal organizations.*
gg. Drive-up, drive-through, or drive-in service for any of the retail uses or personal services listed under 1.c. through 1.ff. above.* Drive-up and drive-through facilities for
financial institutions shall be a permitted use, however.
hh. Art or recreational instruction.
The following uses, provided that the gross floor area of such use does not exceed ten thousand (10,000) square feet:
ii. Grocery, food, ice cream, confectionery, and health food stores; delicatessens, butcher shops and seafood stores, vegetable and fruit stores, convenience food stores, and bakeries;
catering service.
jj. General hardware stores.
kk. Restaurants, including serving of alcoholic beverages only in connection with the serving of meals. Sidewalk cafes, as an accessory use to a duly licensed restaurant within the
Community Redevelopment Area (CRA).
ll. Drive-through, drive-up, or drive-in restaurants.*
mm. Sundries, notions, and variety stores.
nn. Drug stores.
oo. Clothing, clothing accessory, and shoe stores.
pp. Lawn and garden supply stores.
qq. Drive-up, drive-through or drive-in service for any of the retail uses of personal services listed under 1.ii. through 1.pp. above.* Drive-up and drive-through facilities for
financial institutions shall be a permitted use, however.
rr. Automotive service stations, subject to the provisions of 1.cc above.
ss. Print shops.
tt. Drycleaning on premises, limited to handling goods that are brought to the premises by retail customers.
uu. A single-family residence, incidental to a permitted, commercial use, located on the same lot as the commercial use. Such residence shall have a minimum living area of seven
hundred fifty (750) square feet and shall be limited to occupancy by the property owner or business owner/operator.
All uses listed under 1.c. through 1.tt above shall specify the gross floor area on the application for a business tax receipt. Each retail store and adjacent stores or bays under
the same
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ownership or control that are of a similar or related use shall be considered to be a single store for the purpose of computing floor area.
1A. Conditional uses allowed: Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance
with the procedures set forth in Section 11.2.
1B. Any use listed under 6.B.1 or 6.B.1A, which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the same are defined by
40 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure
in accordance with Part II, Section 9-71 of this code.
2. Prohibited uses. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or used, in whole
or in part, for any of the following uses:
a. Any use not specifically allowed in accordance with the list of uses under 1., 1A., and 1B., above.
b. Any use which is either specifically allowed or prohibited in another zoning district, which is not specifically allowed in accordance with the list of uses under 1., 1A., and
1B., above.
c. Outdoor storage or display of any type.
d. Sale of firearms or ammunition.
e. Sale of fireworks.
f. Temporary employment centers, operated on a walk-in basis.
g. Any wholesale establishments, storage as a principal use, or off-premises storage, or distribution.
h. Sale of alcoholic beverages, other than beer or wine.
i. Serving of alcoholic beverages, except for consumption on premises within a duly licensed restaurant and in conjunction with the serving of regular meals.
j. Lumber yards or building materials stores.
k. Sales bazaars, farmer’s markets, flea or thieves’ markets, swap shops and trading posts.
l. Self-service storage facilities (mini-warehouses).
3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings
shall comply with the following regulations:
Minimum lot frontage 50 feet
Minimum lot depth 100 feet
Minimum lot area 5,000 square feet
Maximum lot coverage 40 percent
Minimum front yard 30 feet
Minimum side yard
(interior lots) 15 feet*
Minimum side yard
(corner lots) 20 feet on side street
Minimum rear yard 20 feet*
Maximum structure height 25 feet, not to
exceed 2 stories
*When abutting residential districts, side and/or rear yards shall be thirty (30) feet.
4. Repair and service of merchandise: The repair and service of merchandise for household customers shall be permitted as either an accessory or principal use, for any merchandise
which is typically sold in the C-2 district, excluding rebuilding or refinishing of any type.
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5. Exterior storage or display: Exterior storage or display of merchandise or materials shall be prohibited, with the exception of growing plants which are stored or displayed as an
accessory use to a lawful principal use.
6. Sale of used merchandise: The sale of used merchandise shall be permitted as an accessory use to the sale of new merchandise, meaning that used merchandise shall be of the same
type as the new merchandise sold on the premises, and shall be permitted as an accessory use to a repair shop which is permitted in the district, provided that, in all cases, the floor
area occupied by used merchandise shall not exceed twenty-five (25) percent of the gross floor area. Stores which deal primarily in used merchandise, shall be limited to retail merchandise
of the type that is permitted in the list of permitted uses above. Pawnshops and auction houses shall be prohibited, however, in the C-2 district. Used merchandise stores shall be located
not less than twenty-four hundred (2,400) feet apart, as measured by direct distance between property lines, and shall have a gross floor area of not more than five thousand (5,000)
square feet. Where these stores are currently located at less than this minimum distance, such stores shall not be expanded. All new applications for business tax receipts to operate
such uses or applications for building permits to expand such uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be complied with.
Exterior storage and display in connection with such uses shall be prohibited.
7. Off-street parking as set forth in Section 11.H hereinafter.
C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods
and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare.
1. Uses permitted. Within any C-3 community commercial district, no building,
structure, land or water shall be used except for one (1) or more of the following uses:
a. Any use permitted in C-1 or C-2 districts, without specific limitation on floor area.
b. Any conditional use in the C-2 district, except as provided for otherwise under the C-3 district regulations, without specific limitation on floor area.*
c. Antique stores and auctions houses, selling only objects of value such as quality antiques, art objects, jewelry and the like, but not used merchandise generally.
d. Bars, cocktail lounges, subject to the provision of Chapter 3 of the City of Boynton Beach Code of Ordinances. Such uses shall be a conditional use (*) if located within six hundred
(600) feet of property lying within a residential zoning district as measured by direct distance between property lines. Sidewalk cafes, as an accessory use to a duly licensed restaurant
or a nightclub within the Community Redevelopment Area (CRA).
e. Liquor stores, subject to the provisions of Chapter 3 of the City of Boynton Beach Code of Ordinances.
f. Greenhouses, nurseries, and other horticultural uses.
g. Department stores.
h. Hotel, motels, apartment hotels, and apartment motels, including timesharing units, provided that sleeping rooms and apartment suites therein, and exterior portions of the site
shall not be used for the display, lease, or sale of merchandise.
i. Lumber yards and building materials stores, including sale to contractors.*
j. Multifamily and duplex residential dwellings, including timesharing apartments, which shall comply with the R-3 district regulations for such uses.
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Zoning 21
k. Rooming and boarding houses.*
l. Private clubs, lodges, and fraternal organizations.
m. Recreational facilities:
(1) Indoor recreational facilities, including nightclubs,* bowling alleys, billiard halls, health clubs/gymnasiums, shooting ranges (indoor only), skating rinks, and amusement arcades.
Bars/lounges and musical entertainment and athletic competitions* shall also be accessory to the principal uses described in this section. Indoor recreational facilities other than those
which are listed above conditional uses(*).
(2) Outdoor recreational facilities, including, but not limited to, golf courses, miniature golf courses, tennis clubs and the like. Racetracks, go-cart tracks, and water slides
shall be prohibited.
n. Sale of ammunition and firearms.
o. Theaters and auditoriums, excluding drive-in theaters.
p. Automotive service stations, without major repairs (see definitions "major repairs"), and including car washes as an accessory use, provided that the site is developed in accordance
with Section 11.L. The repair and service of vehicles in the C-3 district shall include all motor vehicles, in addition to those types of motor vehicles for which repair and service
is allowed in the C-2 district, but shall exclude farm tractors and implements, cement mixers, shovels or cranes, and special mobile equipment as defined by Section 316.003, Florida
Statutes. All repair and service of vehicles shall be done within an enclosed building.
q. Bus terminals.
r. Ambulance service.
s. New boat sales, excluding repair or service on premises.*
t. Marinas and yacht clubs, which may include the following as accessory uses, if approved as such: Any accessory uses to marinas
which are allowed in the CBD district, as well as boat dealers, service, repair, installation, rebuilding, or customizing of boats, engines, or marine of boats, engines, or marine equipment.*
u. Dry storage of boats at marinas.*
v. Yachtels, boatels, and other use of boats at marinas for residences.*
w. Small equipment and tool rental, for homeowners use, excluding exterior display or storage.
x. Governmental, utilities, and communications facilities, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal use.
Utilities shall be adequately screened from exterior view.
y. Trade and business labor pools; such uses shall be a conditional use (*) if operated on a walk-in basis.
z. Automobile wash establishments.
aa. Wholesaling of goods listed under Section 8.A.1.c.(2), 8.A.1.c.(3), 8.A.1.c.(4), 8.A.1.c.(6), 8.A.1.c.(7), 8.A.1.c.(14), and 8.A.1.c.(16) of these zoning regulations, and storage
of goods for households, but excluding any exterior storage or display, where all portions of the property lie within three hundred (300) feet of a railroad right-of-way, and direct
access to the property from a collector or arterial road is not available at the effective date of this ordinance.* The conditional use application shall list the specific types of
goods which are to be sold, stored, or distributed from the premises, and uses of the property shall be limited to those specified on this list, as approved by the City Commission.
bb. Adult entertainment establishments.
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cc. Repair of motor vehicles or tire sales and service, limited to minor repairs (see definitions "minor repairs"), and including car washes as an accessory use, are as follows:
(1) This use is not permitted on sites less than five (5) acres in size.
(2) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate,
stand-alone building and/or outparcel within a commercial Master Plan, provided that the subordinate stand-alone building and/or outparcel within a commercial Master Plan is not located
between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property.
(3) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center.* Passenger car rental is allowed as
an accessory use within said building subject to the following additional conditions:
(i) The customer service area shall be located within said building.
(ii) No more than twelve (12) automobiles shall be stored on-site for the purpose of rental, and such automobiles shall be stored in marked stalls.
(iii) No fueling or re- fueling of automobiles shall be permitted on-site.
For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or
motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (10) persons or less which is constructed
either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building.
dd. Upholstery and carpet steam cleaning businesses.
ee. Marine canvas retail sales and fabrication (no on premises installation).
ff. Nightclub.*
gg. Cosmetology schools including barbering, hair styling, or the cosmetic arts, such as makeup or skin care, if in conjunction with the delivery of the service to the general public
on a daily basis.*
1A. Conditional uses allowed. Those uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance
with the procedures set forth in Section 11.2.
1B. Any use listed under 6.C.1. or 6.C.1A. which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the same are defined by
40 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure
in accordance with Part II, Section 9-71 of this code.
2. Prohibited uses. Within any C-3 community commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or used, in whole or
in part, for any of the following uses:
a. Any use not specifically allowed in accordance with the list of uses under 1., 1A., and 1B., above.
b. Any use which is either specifically allowed or prohibited in another zoning district, which is not specifically allowed in accordance with the list of uses under l., 1A., and
1B. above.
c. Any wholesale establishments, storage as a principal use, off-premises storage, or distribution, except in accordance with 1.aa. and 1A. above.
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d. Single-family detached dwellings, except where used as a group home.
e. Sales bazaars, farmer’s markets, flea or thieves’ markets, swap shops, and trading posts.
f. Bingo halls.
g. Self-service storage facilities (mini-warehouses).
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Zoning 23
3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings
shall comply with the following regulations:
Minimum lot frontage 75 feet
Minimum lot area 15,000 feet
Maximum lot coverage 40 percent
(building)
Minimum front yard 20 feet
Minimum side yard None (see Notes
(interior lots) a and b)
Minimum side yard 15 feet street side
(corner lots) (see Note b)
Minimum rear yard 20 feet (see Notes
b and c)
Maximum structure height 45 feet, not to
exceed 4 stories
a. Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one side.
b. When abutting a residential zone, side and/or rear yards shall be thirty (30) feet minimum.
c. Where rear yard access is available from a public street or alley, rear yard may be decreased by one-half the width of such street or alley, but in no case shall a rear yard be
less than ten (10) feet.
4. Off-street parking as set forth in Section 11.H hereinafter.
5. Repair and service of merchandise: The repair and service of merchandise for household customers shall be permitted as either an accessory or principal use, for any merchandise
which is typically sold in the C-3 district, excluding rebuilding or refinishing of any type.
6. Exterior display and storage of merchandise. Exterior display of retail merchandise shall be permitted, provided that such merchandise is
owned by the operator of the business occupying the building, and is the same type of merchandise that is typically sold within the building. Exterior storage of merchandise shall be
for a length of time which, on a daily basis, shall not exceed eighteen (18) hours. Exterior storage or display of motor vehicles and boats, excluding wrecked motor vehicles, shall
also be permitted to the extent that same is integral to the operation of a conforming use or a legal nonconforming use, and without limitation on length of time. Exterior display of
merchandise shall be completely contained within property lines, and shall not completely block walkways or otherwise create a hazard to the public. Parking areas shall not be used
for such displays except for a period or periods of time which shall not exceed seven (7) days within any one (1) calendar year. Permission from the development director or his authorized
representative shall be required for any use of parking areas for display of merchandise. The exterior display or storage of growing plants shall be permitted in connection with a lawful
principal use, without limitation on length of time.
7. Sidewalk sales. Sidewalk sales in rights-of-way shall require approval by the city manager or such person as may be designated by the city manager.
8. Sale of used merchandise: The sale of used merchandise shall be permitted as an accessory use to the sale of new merchandise, meaning that used merchandise shall be of the same
type as the new merchandise sold on the premises, and shall be permitted as an accessory use to a repair shop which is permitted in the district, provided that in all cases, the floor
area occupied by used merchandise shall not exceed twenty-five (25) percent of the gross floor area.
Stores (including pawnshops) which deal primarily in used merchandise, other than antique shops or auction houses (see 1.c. above), shall be limited to sale of retail merchandise
of the type that is allowed in accordance with the list of uses under 6.C.1. and 6.C.1A. above. Such stores shall not exceed five thousand (5,000) square feet in gross floor
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area and shall be located not less than twenty-four hundred (2,400) feet apart, as measured by direct distance between property lines. Where these stores are currently located at less
than this minimum distance, such stores shall not be expanded. All new applications for business tax receipts to operate such uses or applications for building permits to expand such
uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be complied with. Exterior storage or display in connection with such uses shall
be prohibited.
D. C-4 GENERAL COMMERCIAL DISTRICT. These district regulations will be effective in projecting desirable uses and patterns along the development corridors that will be located at
points along major trafficways. The ultimate desired results are to group highway uses, keep accesses to a minimum, and combine accesses, so as to limit the drive out interruptions.
In addition, these regulations can help expedite, facilitate and ease traffic on and off the major trafficways and allow sufficient frontage for safe ingress and egress and yet again,
not erode the design capacities for our highways.
1. Uses permitted. Within any C-4 general commercial district, no building, structure, land or water, shall be used, except for one (1) more of the following uses:
a. Any use which is a permitted use in the C-1, C-2, or C-3 zoning district.
b. Any use which is a conditional use in the C-3 zoning district, except as provided for otherwise in the C-4 district regulations.*
c. Adult entertainment establishments, in accordance with Section 11.M.*
d. Sale or rental of new or used automobiles, boats, recreation vehicles, utility trailers, and commercial trucks.*
e. Automobile wash establish-ments.
f. Wholesale or retail sale of goods listed under Sections 8.A.1.c.(2), 8.A.1.c.(3), 8.A.1.c.(4), 8.A.1.c.(6), 8.A.1.c.(7), 8.A.1.c.(9), 8.A.1.c.(10), 8.A.1.c.(11), 8.A.1.c.(14),
and 8.A.1.c.(16) of these zoning regulations.
g. Electrical, plumbing, heating, painting, roofing, and upholstery supplies.
h. Fabrication and assembly of custom cabinets and furniture, sign painting and lettering shops, or furniture refinishing, within a fully enclosed building, with a gross floor area
of less than two thousand (2,000) square feet.
i. The wholesale sales and distribution of prepackaged meats and poultry. Sales shall be restricted to sales to the trades and not to the general public.
j. Reserved.
k. Nightclub.*
1A. Conditional uses allowed. The uses specified above which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance
with the procedures set forth in Section 11.2.
1B. Any use listed under 6.D.1. or 6.D.1A. which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the same may be defined
by 40 Code of Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material
Disclosure in accordance with Part II, Section 9-71 of this code.
2. Uses prohibited. Within any C-4 general commercial zoning district, no building, structure, land, or water, or any part thereof, shall be erected, altered, or used, in whole or
in part, for any of the following uses:
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Zoning 25
a. Any use not specifically allowed in accordance with the list of uses under 1., 1A., and 1B. above.
b. Any use which is either specifically allowed or prohibited in another zoning district, which is not specifically allowed in accordance with the list of uses under 1., 1A., and
1B. above.
c. Any residential use, including group homes and residential institutions. Hotels and motels, and apartment hotels and motels shall be a permitted use, however.
d. Exterior storage, unless adequately screened.
e. Sales bazaars, farmer’s markets, flea or thieves’ markets, swap shops, and trading posts.
f. Warehouses or storage buildings, except when utilized as an accessory to a principal use which is allowed in accordance with 6.D.1., 6.D.1A., or 6.D.1B., above, and located on
the same parcel as the principal use.
g. Contractors’ storage and shops.
h. Self-service storage facilities (mini-warehouses).
3. Building and site regulations. No building or portions hereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings
shall comply with the following regulations:
Minimum lot frontage 50 feet
Minimum lot depth 100 feet
Minimum lot area 5,000 square feet
Maximum lot coverage 40 percent
Minimum front yard 25 feet
Minimum side yard
(interior lots) 15 feet one side*
Minimum side yard
(corner lots) 15 feet on street
side*
Minimum rear yard 20 feet*
Maximum structure height 45 feet not to exceed
4 stories
*When abutting residential districts, side and/or rear yards shall be thirty (30) feet.
Where rear property line abuts a public street or alley, rear yard setback may be reduced to ten (10) feet and no side yard shall be required except on corner lots.
4. Off-street parking: As set forth in Section 11.H hereinafter.
5. Repair and service of merchandise: The repair and service of merchandise shall be permitted as either an accessory or principal use, for any merchandise which is typically sold
in the C-4 district.
6. Exterior display or storage. Exterior display of merchandise shall comply with all provisions that apply to the exterior display of merchandise in the C-3 district. Exterior storage
of merchandise, materials, or equipment shall be allowed only as an accessory use to a lawful principal use which occupies a building, and shall be adequately screened. Exterior storage
or display of motor vehicles and boats, shall also be permitted to the extent that same is integral to the operation of a conforming use or a legal nonconforming use, and without limitation
on length of time, and without the requirement for screening.
7. Sale of used merchandise. Sale of used merchandise shall comply with all provisions that apply to the sale of used merchandise in the C-3 district. Distance separation requirements
as set forth in Section 6.C.8. of appendix A shall have no application to not-for-profit organizations.
E. CBD CENTRAL BUSINESS DISTRICT. The intent of this district is to provide a highly visible community focal point integrating business, retail,
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recreational, and residential activities. The uses allowed in the central business district are intended to serve the entire community, create a high volume of pedestrian activity,
provide business, recreation, and residential opportunities, and maximize the potential of the waterfront.
1. Permitted and conditional uses. Within the central business district, no building, structure, land, or water, or portion thereof, shall be used except for one or more of the following
uses listed below. Uses specified below which are followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with Section
11.2 of these zoning regulations. All conditional use applications within the CBD and the CRA district shall be considered and reviewed by the planning and development board in all proceedings,
until the CRA becomes a seven member body or a separate entity from the City Commission. Furthermore, no part of the CBD shall be developed until a complete, detailed development proposal
has been submitted to the city and approved in accordance with the standards and procedures set forth in Part III, Chapter 4, Land Development Regulations. Such proposals shall generally
follow the design guidelines established by the city for the CBD, and shall include water, sewer, storm drainage, traffic flow, parking, landscaping, lighting, and other data as required
by Part III, Chapter 4, Land Development Regulations.
Eating and Drinking:
a. Restaurant.
a1. *Restaurants with drive-in or drive-through facilities when not in conflict with the public/private pedestrian system of the adopted redevelopment plan.
b. Nightclubs*, bars and cocktail lounges, excluding adult entertainment establishments.
Entertainment and Recreation:
c. Public parks and recreation facilities.
d. Theaters and auditoriums, excluding drive-in theaters.
e. Marinas, limited to the following uses: mooring and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private craft as living quarters, provided that
such craft are connected to public sewer facilities; operation of drift and charter fishing boats and sightseeing boats; bait and tackle shops. Dry storage of private pleasure craft
shall be permitted as a conditional use. Service and repair of private pleasure craft shall be permitted as an accessory use to dry storage. Buildings used for dry storage of boats
shall not exceed forty-five (45) feet in height, shall be enclosed on at least three (3) sides, and shall be designed so as to be compatible with the intent of the CRA plan, CBD zoning
and landscaping regulations, and CBD design guidelines. The hours of operation of a dry storage facility shall be no earlier than sunrise and no later than sunset. In addition, other
uses may be allowed at marinas, in accordance with the list of permitted and conditional uses for the CBD (central business district).
f. *Private recreation and amusement facilities, including bowling alleys, gymnasiums, and health centers.
Hotels, Motels and Residential:
g. Hotels and motels.
h. *Multiple-family residential, time-sharing apartments, motel apartments, and hotel apartments.
Offices and Financial Institutions:
i. Medical and dental offices and laboratories.
j. Professional and business offices, excluding offices or clinics for drug or alcohol treatment or counseling, psychiatric treatment or counseling, or any other type of personal
rehabilitation.
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Zoning 26A
k. Veterinary offices and clinics, excluding outdoor kennels, or keeping of animals for purposes other than treatment, and excluding on-site disposal of animals.
l. Financial institutions, without drive-up tellers.
m. *Financial institutions, with drive-up tellers.
Public and Quasi-Public:
n. Government facilities, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal use.
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26B Boynton Beach Code
Zoning 27
o. Churches and other places of worship, including rectories and convents as an accessory use.
p. *Clubs, lodges, and fraternal organizations.
q. *Public utilities and communications facilities.
r. *Nursery, day care centers, and pre-school facilities.
s. *Primary and secondary schools, excluding trade or industrial schools.
t. *Colleges, seminaries, and universities, excluding trade or industrial schools.
u. Non-degree instruction or tutoring, under 2,000 square feet of gross floor area, excluding trade or industrial instruction.
v. *Non-degree instruction or tutoring, over 2,000 square feet of gross floor area, excluding trade or industrial instruction.
w. *Public assembly halls, auditoriums, and community centers.
Retail:
x. Department stores.
y. Beer, liquor, and wine sales, excluding drive-through facilities.
z. Antique stores and auction houses, selling only objects of value such as quality restored antiques, art objects, jewelry, and the like, but not used merchandise generally.
aa. Art and ceramic stores.
bb. Curio and gift shops, excluding sale of used merchandise.
cc. Music and camera shops.
dd. Furniture, home furnishings and accessories, appliances, and interior decorator shops.
ee. Hardware, marine hardware, drapery, carpet, tile, paint and wallpaper stores, but excluding lumber or building materials dealers, lawn and garden shops, glass, electrical, plumbing,
heating supplies, and the like.
ff. Clothing and clothing accessories stores, excluding sale of used merchandise.
gg. Sundries, notions, and variety stores.
hh. Art, craft, hobby, and sewing supplies.
ii. Florist shops, including sale of house plants.
jj. Bicycle shops.
kk. Pet shops, excluding kennels or boarding of animals.
ll. Office supplies and equipment.
mm. Book stores, news dealers, and tobacco shops.
nn. Sporting goods, game and toy stores.
oo. Luggage stores.
pp. Jewelry and cosmetics stores.
qq. Optical goods and hearing aids stores.
rr. Pharmacies and drugstores.
ss. Food and grocery stores, retail confectioneries and bakeries, ice cream parlors, and delicatessens, excluding drive-through facilities.
tt. *Outdoor display or sales of merchandise, subject to the conditions set forth in Section 6.C.6. of these zoning regulations.
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28 Boynton Beach Code
uu. Sidewalk sales, subject to approval by the community redevelopment agency.
uua. New auto parts and accessories.
Services:
vv. Personal service establishments.
ww. Printing, engraving, fine art studios, photofinishing service, photographic studios and laboratories; film and recording studios.
xx. *Funeral homes, excluding crematoriums.
yy. Business machine service offices.
zz. Coin-operated laundromats, dry cleaning service, limited to handling goods that are brought to the premises by retail customers, tailors and dressmakers, alteration and repair
of clothing or clothing accessories.
Transportation:
aaa. Public parking lots and garages.
bbb. *Bus terminals and taxi stands.
ccc. *Railroad passenger stations.
ddd. *Automobile rental, limited to rental of new cars.
eee. *Helistops.
fff. *Private parking lots and garages, where operated as a principal use.
1A. Any use listed under Section 6.E.1. which use handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the same may be defined by
40 Code of Federal Regulations, Part 261, or the Florida
Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with Part II, Section 9-71 of this
code.
2. Uses prohibited. Within the central business district, no building, structure, land, or water, or any portion thereof, shall be used for any of the following uses:
a. Any use not specifically allowed in accordance with Section 6.E.1. above.
b. Any use specifically prohibited in Section 6.E.1. above.
c. Adult entertainment establishments.
d. Massage parlors.
e. Laundry or dry cleaning plants; carpet or upholstery cleaning plant or service.
f. Outdoor storage of any type, other than rental cars in accordance with Section 6.E.1.
g. Sale of used merchandise, except for art objects, jewelry, coins, quality restored antiques, and the like, which shall be subject to the provisions of Section 6.E.1.
h. Pawnshops.
i. Personal rehabilitation or clinics or offices, including counseling services for same, residential or nonresidential; any residential use which requires professional supervision,
counseling, medical or nursing care on the premises, or access to same.
j. Reserved.
k. Wholesale establishments or distribution.
l. Storage as a principal use, or any off-premises storage.
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Zoning 29
m. Service, repair, sales or storage of vehicles.
n. Repair shops, other than repair of clothing and clothing accessories, except that service and repair services shall be allowed as an accessory use to retail sales, provided that
the floor area devoted to repair services shall not exceed 25% of the gross floor area.
o. Temporary employment centers, operated on a walk-in basis.
p. Rooming or boarding houses, adult congregate living facilities, nursing homes, or any other group housing.
q. Dry storage of boats; boat dealers; service, repair, installation, building, rebuilding, or customizing of boats, engines, or marine equipment.
r. Loading or unloading of railroad freight.
s. Commercial parking facilities. (Ord. No. 99-07, § 1, 3-16-99)
3. Building and site regulations. No building, structure, land, or water shall be erected, altered, enlarged, or used unless in conformance with the following regulations:
Minimum lot frontage 75 feet
Minimum lot depth 100 feet
Minimum lot area 15,000 square feet
Minimum front yard None, at all floors.
Minimum rear yard 20 feet abutting adjacent properties at first floor level. 8 feet abutting street or alley at first floor level. None, at all other floors.
Minimum side yard None, for interior lot lines. 8 feet abutting street or alley at first floor level. None, at all other floors.
Minimum waterfront yard Regardless of the orientation of the lot or parcel, an 8-foot setback
shall be maintained from a building or structure and any navigable water. Waterfront set
backs shall be measured from the property where the body of water is under different ownersh
ip than the subject property line, and measured from the mean high water line if the body of
water is under the same ownership as the subject-property.
Maximum lot coverage 75 per cent. 85 per cent for parking garages.
Maximum structure
height 45 feet, not to exceed 4 stories.
Multiple-family dwelling unit density maximum 10.8 dwelling units per acre. Application of r
esidential density to a parcel shall not preclude or limit the development of the parcel for
other uses which are lawful under the central business district regu-lations, provided such
developments otherwise comply with these zoning regulations.
Living area minimum per
multiple-family
dwelling unit 750 square feet.
Canopies and awnings Canopies or awnings for pedestrian entrance ways, w
ith at least 9 feet clear, may project to the property line in any required yard.
Movable awnings over
right-of-way Movable awnings may extend no
t more than 8 feet over a sidewalk in an adjacent right-of-way, provided such
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30 Boynton Beach Code
awning or any part thereof shall maintain a clear height of 9 feet above the sidewalk. Such awnings extending over rights-of-way shall be moved or removed at the request of the city.
Permanent structural
projections from
buildings Eaves, sills, belt course, cornices, pilasters, and other architectural features; gutters, chimneys, and mechanical equipment, may project not more than 3 feet into any
required yard, provided that such structures are located within the property lines and conform to established central business district design guide-lines.
Regulatory guidelines Construction and development shall essentially conform to the Community Redevelopment Plan, Land Development Regulations and District Design Guidelines.
Utility lines,
mechanical
equipment Utility lines shall be installed underground, and any service equipment required above ground shall be effectively screened.
4. Off-street parking and loading space.
a. Parking and loading space requirements. Parking and loading space requirements and standards shall be as set forth in Sections 11.H., 11.I., and 11.J., of these zoning regulations,
as modified by the provisions below.
b. Parking space calculations:
(1) Parking space requirements shall be calculated in accordance with Section 11.H.16. of these zoning regulations, except that in the CBD, the following shall apply:
(a) The number of required parking spaces shall be reduced by fifty (50) per cent; and
(b) If the property owner or business is unable to provide on-site one-hundred (100) percent of the parking spaces required pursuant to Section 11.H.16. of these zoning regulations,
all spaces provided by the property owner or business, on- or off-site, shall be maintained as unreserved, unrestricted parking available to the public, except designated handicap spaces
required by law.
(2) Shared parking: When two (2) or more adjacent properties combine their on-site parking and construct a shared parking facility with common access drives, the number of required
parking spaces shall be reduced by an additional ten (10) per cent.
c. Location of parking spaces:
(1) No surface parking shall be permitted in the front yard of any building along a major public pedestrian streetscape system as designated in the community redevelopment plan.
(2) Notwithstanding provisions of Section 11.I., in the CBD required parking spaces shall be owned or leased within one thousand (1,000) feet of the building to be served. The distance
requirement shall be a straight line measurement from a point on the boundary line of the property, which is the subject of the application, to the closest boundary line of the property
on which the leased parking is located. The property, which is the
subject of the application, shall be posted with signage indicating to patrons the location of the leased parking.
(3) Lease arrangements to provide required parking spaces shall be subject to approval by the community redevelopment agency, after review and recommendation by the technical review
board.
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Zoning 30A
d. Special parking and loading space requirements. The community redevelopment agency or City Commission, consistent with the approval procedures set forth in Part III, Chapter 4,
Land Development Regulations, shall modify requirements for parking and loading spaces, and:
(1) Require additional spaces if the requirements are found to be insufficient.
(2) Require fewer spaces if quantitative evidence is provided substantiating that the requirements are excessive. The community redevelopment agency of City Commission shall take
into account existing parking facilities in the vicinity of the proposed development.
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30B Boynton Beach Code
1998 S-7 Repl.
Zoning 31
5. Landscaping. Landscaping shall be provided as set forth in Chapter 7.5 of the City of Boynton Beach Land Development Regulations.
6. Sign. Signs shall conform to the applicable provisions set forth in Chapter 21 of the City of Boynton Beach Land Development Regulations.
7. Nonconforming structures.
a. Purpose. It is the purpose and intent of this section to allow the limited expansion of a nonconforming structure which is used for a conforming use and which is located within
the central business district (CBD).
b. Procedure.
(1) No nonconforming structure located in the central business district may be changed, enlarged, expanded, or restored without the property owner first submitting an application
for approval of the proposed change to the city and receiving approval as hereinafter provided.
(2) Applications shall be submitted to the planning and zoning department on forms prescribed by the planning and zoning department.
(3) Applications shall be processed according to the procedures for a site plan review in the central business district and shall be reviewed by the community redevelopment advisory
board and approved by the community redevelopment agency.
c. Review criteria. Prior to granting an approval for the expansion of a nonconforming structure, the following findings shall be made:
(1) That granting the application will not adversely affect the public interest.
(2) Expansion will not be detrimental to the health, safety, and general welfare of persons working or residing within the central business district.
(3) Approval will to the maximum extent possible bring the building and the site upon which it is located into compliance with city regulations and will improve the physical appearance
of the structure.
(4) That the expansion will be in harmony with the general intent and purpose of the central business district.
d. Conditions.
(1) The community redevelopment advisory board shall recommend and the City Commission sitting as the community redevelopment agency may prescribe appropriate conditions and safeguards
necessary and reasonable to ensure that the expansion of a nonconforming structure will be in harmony with the general intent and purpose of the central business district.
(2) In no event shall an application be granted which would permit the interior gross floor area of a nonconforming structure to be enlarged by more than twenty-five (25) percent
in size.
e. Development standards.
(1) In the event an application for expansion of a nonconforming structure is granted, additional parking spaces shall only be required for the expanded area of the nonconforming
structure. Chapter 23, Parking Lots, shall not apply to expansions of nonconforming structures approved pursuant to this section.
(2) All sites will be brought into compliance with the zoning and development regulations of the city to the maximum extent possible. The community redevelopment agency may grant
relief from provisions of requirements of the zoning and development regulations of the city provided that they make specific findings of fact that the waiver will not be detrimental
to the health, safety, and general welfare of persons working or residing within the central business district and that the waiver will result in additional business activity that is
harmonious with the general intent and purpose of the central business district.
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32 Boynton Beach Code
f. Compliance with other codes. Nothing in this section shall diminish the responsibility of an owner to maintain his use or structure in full compliance with all other city, county,
state, or federal regulations, or licensing procedures.
g. Payment in lieu of parking.
(1) When the community redevelopment agency finds that the property owner seeking an expansion cannot effectively, efficiently, or economically provide for parking required for the
expansion, the community redevelopment agency may recommend to the City Commission a payment in lieu of parking. The payment shall be based on a formula as set forth in subsection 11.I.(4)
of this Chapter. In approving or disapproving any payment in lieu of parking the City Commission shall use the same criteria used by the Community Redevelopment agency as stated herein
above.
(2) The community redevelopment agency shall make the following findings prior to authorizing a payment in lieu of parking:
(a) The number of off-street parking spaces required to be provided for a development by the Land Development Regulations.
(b) The maximum number of spaces which can be provided by the development in a manner which effectively serves the development, is cost-efficient, and is consistent with the intent
of the CBD zoning district.
(c) The number of parking spaces that the community redevelopment agency determines can reasonably be accommodated in municipal parking facilities, either existing or planned to
be constructed within five (5) years after authorization of the payment in lieu of parking.
(d) The current capital cost of providing required parking spaces to serve the use contemplated by the payment in lieu of parking.
(3) Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply:
(a) Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation
of the payment in lieu of parking fee.
(b) No refund of payment shall be made when there is a change to a use requiring less parking.
(c) The payment in lieu of parking shall be made to the city in one lump sum prior to issuance of a building permit.
(d) Funds derived from a payment in lieu of parking shall be deposited by the city into a parking trust fund, and unless the applicant consents otherwise, shall be used and expended
exclusively for the purpose of planning, designing, or developing public parking facilities located within one thousand (1,000) feet of the development for which the payment in lieu
of parking was made. The distance requirement referenced herein shall be a straight line measurement from a point on the boundary line of the property, which is the subject of the application
to the closest boundary line of the property on which the public parking facility is located.
8. Structures in excess of forty-five (45) feet in height. Notwithstanding the height limitations referenced in Section 4F of Chapter 2 of the Land Development Code of the City of
Boynton Beach, Florida, all uses enumerated and permitted in the Central Business District, according to the Code
of Ordinances which shall include but not be limited to hotels, motels, condominiums, apartments, offices, financial institutions, eating and drinking establishments, entertainment and
recreational uses, retail use and transportation use or any structure containing a mixed use thereof, shall be permitted to
2001 S-16
Zoning 33
be constructed in excess of forty-five (45) feet in height, but not to exceed 100 feet, provided such use is evaluated and approved as a conditional use. Mechanical equipment which
exclusively serves the structure shall not be included in the calculations of height.
F. MIXED USE ZONING DISTRICTS.
1. Intent and purpose. The mixed use zoning districts allow for a diversity of land uses, and accommodate and encourage a mixture of residential, office, retail, recreational, and
other miscellaneous uses on assembled parcels within the Community Redevelopment Area. All development and redevelopment shall require a site plan approval to be processed concurrently
with the application for rezoning.
The objectives of the mixed use zoning districts are as follows:
a. Support and enhance revitalization efforts in the city’s traditional commercial core area;
b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses;
c. Create optimal pedestrian environments through appropriate separation from, and design of vehicular circulation areas;
d. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the development area;
e. Create surrounding areas that complement rather than compete with the downtown;
f. Create higher quality environments for residents, businesses, employees, and visitors.
2. Zoning districts. The mixed use zoning districts shall be applied to selected geographic areas, east of I-95, identified on the city’s Future
Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city’s redevelopment plans, including goals in employment, population, transportation,
housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through four zoning districts: Mixed Use-High Intensity (MU-H), Mixed Use-Low
Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), and Mixed Use-Low Intensity 3 (MU-L3). Permitted uses and associated standards for development vary between the zoning districts
each reflecting the importance of the district’s location and its relationship to the downtown. Heights, densities and intensities of development are regulated according to the classification
of the roadway along the frontage of the property and proximity to existing single-family zoning districts.
A mixed use low zoning district may be located only on lands designated Mixed Use (MX) on the City of Boynton Beach Future Land Use Map. The mixed use high zoning district may be located
only on lands designated Mixed Use (MX) or Mixed Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map.
3. Subdistricts established.
a. MU-H (Mixed-Use-High Intensity) Zoning District.
(1) The Mixed-Use High Intensity (MU-H) zoning district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map.
(2) The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses.
(3) The district allows a maximum height of one hundred-fifty (150) feet and a residential density of eighty (80) dwelling units per acre, provided that all new developments within
this district that front on streets designated as "arterial" or "collector" roadways" on the Functional Classification of Roadways Map shall contain a mixture of retail, office and/or
residential uses arranged either vertically or horizontally. Single-use projects fronting solely on
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34 Boynton Beach Code
other streets within this district shall require conditional use approval.
b. MU-L (Mixed-Use-Low- Intensity) Zoning Districts, Mixed Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), and Mixed Use-Low Intensity 3 (MU-L3).
(1) In order to complement the revitalization efforts in the city’s commercial core, the MU-L Zoning District shall only be applied to lands peripheral to the downtown area and classified
as Mixed Use (MX) on the Future Land Use Map.
(2) The MU-L Districts are appropriate for low- to mid-rise developments that provide for medium density residential uses.
(3) The districts allow a maximum height of seventy-five (75) feet and a residential density of forty (40) dwelling units per acre for mixed use projects unless reductions are necessary
to maintain compatibility with an abutting single-family zoning district.
(4) Building heights between seventy-five (75) feet and one hundred (100) feet may be permitted for developments abutting the Mixed Use High zoning district, if reviewed as a conditional
use.
(5) The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses.
(6) All new developments within this district that contain a mix of uses shall
front on streets designated as "arterial", "collector", or "local collector" roadways" on the Functional Classification of Roadways Map and shall contain a mixture of retail commercial,
office and/or residential uses, which may be arranged either vertically or horizontally.
(7) Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans and maintain compatibility with an abutting single-family
district.
4. Uses.
a. The following table identifies the permitted, restricted and prohibited uses within the mixed use zoning districts.
b. Uses are classified as Permitted "P," Conditional "C," or Not Permitted "N."
c. Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use.
d. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted; provided,
however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the city.
TABLE 6F-1
SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES
ZONE
USE GROUP/USE
MU-L1
MU-L2
MU-L3
MU-H
Residential or Lodging Use Group
Bed and Breakfast
C
C
N
N
Boutique Hotel
N
N
C
C6
Hotel
N
C
C
P
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Zoning 34A
USE GROUP/USE
MU-L1
MU-L2
MU-L3
MU-H
Residential or Lodging Use Group (Continued)
Home Occupation
P
P
P
P
Mobile Home
N
N
N
N
Motel
N
N
N
N
Residential, Single-Family, Detached
N
N
N
N
Residential, Single-Family, Attached
P
P
P
P
Residential, Multi-Family
P
P
P
P2/C2
Board and Rooming House
(except as provided by state law)
N
N
N
N
Accessory Unit
N
N
N
N
Life/work Unit
P14
P14
P14
P14
Community Facilities Use Group
College, University, Seminary and accessory uses
P
P
P
N
Government Office/Civic Center/Library
P
P
P
P
Recreation (outdoor)
P
P
P
N
Museum and accessory uses
P
P
P
P
House of Worship
P3
P3
P3
P1,3
Police or Fire Rescue Station
P
P
P
P
Postal Center (retail sales only)
P6
P6
P6
P5,6
Post Office
N
N
C
C
Public Park
P
P
P
P
Publicly-owned Parking Lot or Garage (principal use)
P
P
P2
P2
Office Use Group*
*Not encouraged as a first-floor use in the MU-H Zone.
Banks, Financial Institutions
P9
P9
P6,9
P6,9
Medical or Dental Office of Clinic
P
P
P
P6
Physical Therapy Clinic
P
P
P
P6
Professional Business Office
P
P
P
P
Veterinary Office or Clinic
P
P
P
P6
Sales and General Commercial Use Group*
*Where permitted within the MU-L Zone, only on lots fronting
on major arterial or connector roadways.
Alcoholic Beverage Package Store
P6
P6
P6
P6
2007 S-28
34B Boynton Beach Code
USE GROUP/USE
MU-L1
MU-L2
MU-L3
MU-H
Sales and General Commercial Use Group (Continued)
Ammunition or Firearm Sale or Rental (principal/accessory use)
N
N
N
N
Animal Boarding or Kennel (principal/accessory use)
C4
C4
N
N
Animal Grooming
P
P
P
P6
Pet Sales
P
P
P6
P6
Antique Store/Fine Arts Antique Auction
P
P
P6
P6
Arts, Crafts, Hobby and Framing
P
P
P6
P6
Auction House
N
N
N
N
Automotive Fuel Sales with/without Vehicle Service
N
N
C6, 10
C6, 10
Automotive Parts Sales
P6, 1
P1, 6
P1, 6
P1, 6
Automotive Repairs (Minor)
N
C1, 16
C1, 16
N
Automotive Sales with Display
N
N
P12
P12
Bakery, Retail/Specialty Foods
P
P
P6
P6
Boat/Marine Accessories/Rental/Brokerage
P12, 13
P12, 13
P6, 12, 13
P6, 12, 13
Bookstore
P
P
P6
P6
Building Supplies or Materials
N
N
N
N
Bus Terminal
N
N
N
C
Clothing, Shoes or Accessories Boutique
P6
P6
P6
P6
Contractor’s Office/Equipment Storage
N
N
N
N
Coffee Shop
P
P
P6
P6
Convenience Store
P6
P6
P6
P6
Custom Home Furnishings
P
P
P
P
Cyber-Café
P
P
P6
P6
Dive Shop and Instruction as Accessory Use
P
P
P
P
Drug Store or Pharmacy
P6,9,11
P6,9,11
P6,9,11
P3, 6
Grocery Store, Supermarket
C7
P7
P6, 7
P6, 7
Florist
P
P
P6
P6
Hardware Store
P6, 12
P6, 12
P6, 12
P6, 12
Health Food Store
P6
P6
P6
P6
Home Improvement Centers
N
N
N
N
2007 S-28
Zoning 34C
USE GROUP/USE
MU-L1
MU-L2
MU-L3
MU-H
Sales and General Commercial Use Group (Continued)
Jewelry, Luggage and Leather Goods
P
P
P6
P6
Lumber Yard
N
N
N
N
Marina
P12
P12
P6, 12
P6, 12
Marine Customizing, Detailing, Service, Parts or Repair
N
C6, 16
C6, 16
N
Newsstand
P
P6
P6
P6
Outdoor Green Market (City sponsored)
N
N
N
P
Outdoor Storage or Display as a principal use
N
N
N
N
Parking Lots for Commercial Vehicles
N
N
N
N
Parking Lots or Garage, Private Ownership (principal use)
N
N
N
N
Personal Watercraft Sales, Rental, Service, Parts or Repair
P12
P12
P12
P6
Photographic Studio and Photographic Supplies
P
P
P6
P6
Restaurant, with Drive Thru
P6, 9
P6, 9
P6, 9
N
Restaurant, Sit Down
P
P
P
P6
Sporting Goods
P6
P6
P6
P6
Tobacco and Accessories
P
P
P6
P6
Trailer-Vehicle or Marine - Sales, Rentals, Service, Repairs and Storage
N
N
N
N
Video Rental
P
P
P6
P6
Wholesale/Warehouse/Distribution
N
N
N
N
Service Use Group*
*Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways.
Barbershop/Beauty Salon/Day Spa
P
P
P6
P6
Dance Studio
P
P
P
P6
Dressmaker or Tailor
P
P
P
P6
Dry Cleaner
P6, 8
P6, 8
P6, 8
P6, 8
Fitness/Health Club
P
P
P6
P6
Funeral Home
C
C
C
N
Hospital
N
N
N
N
Labor Pool Establishments
N
N
N
N
2007 S-28
34D Boynton Beach Code
USE GROUP/USE
MU-L
MU-L2
MU-L3
MU-H
Service Use Group (Continued)
Laundromat
P6
P6
P6
N
Medical Outpatient Facility
P6
P6
P6
P6
Nursery, Preschool or Child Daycare
P
P
P6
P6
Nursing and Convalescent Home
C
C
C
N
Photocopy Center
P
P
P6
P6
Self-Storage or Mini Warehouse
C6, 15
C6, 15
C6, 15
N
Shoe Repair
P6
P6
P6
P6
Soup Kitchens/Substance Abuse Centers/Shelters/ Halfway Houses
N
N
N
N
Tattoo Parlor/Body Piercing
N
N
N
N
Entertainment Use Group*
*Where permitted within the MU-L Zone, only on lots fronting on major arterial or connector roadways.
Adult Entertainment
N
N
N
N
Bar, Cocktail Lounge
C
C
C6
P6
Billiard Club/Bowling Alley/Indoor Recreation Facility
C6
C6
C6
C6
Bingo Hall
N
N
N
N
Fortune Teller
N
N
N
N
Movie Theater
N
N
P6
P6
Night Club
N
C6
C6
C6
Performing Arts Theater
P
P
P
P
Private Clubs, Lodges and Fraternal Organizations
C6
C6
C6
N
Accessory Use
Drive-Thru Facility (other than accessory use to financial institutions and restaurants)
C9
C9
C9
N
Restriction Notes:
1. Must be part of a mixed-use development comprising a maximum 30 percent of the gross floor area of the entire development.
2. For those with frontage on an urban arterial or urban collector roadway, allowed as a permitted use if the ground level floor fronting the roadway is devoted to office or retail uses;
otherwise, use is a conditional use.
2007 S-28
Zoning 34E
3. Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line using the shortest distance between property lines:
— For uses with less than 5,000 square feet of floor area, separation distance is 750 feet,
— For uses with a gross floor area equal to or greater than 5,000 square feet, separation distance is 1,500 feet.
4. Subject to setback and buffering requirements as recommended by the Technical Advisory Review Team.
5. Maximum gross square footage shall not exceed 2,500 square feet. Storage of postal vehicles prohibited.
6. Must be integrated into a mixed use building or development.
7. Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of 80,000 square feet.
8. On-site drop-off and pick-up only.
9. Drive-thru facility, including stacking lanes, must not be visible from public rights-of-way and requires conditional use approval. When alternative ingress and egress is available,
access should not be from/to an arterial roadway.
10. See Section 16 for regulations.
11. Not permitted on property with Federal Highway frontage in the MU-L Districts unless consistent with restriction note six (6).
12. Indoor storage/display only and shall not exceed 10,000 square feet.
13. In conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor area not to exceed 10,000 square feet.
14. See Section 15 for regulations.
15. See Section 14 for regulations.
16. See Section 17 for regulations.
17. See Section 18 for regulations.
5. Building and site regulations.
Minimum Parcel Requirements3
ZONES
34F Boynton Beach Code
1 May be reduced if frontage extends from right-of-way to right-of-way
2 Minimum of 50 feet, if frontage is on a collector/local collector roadway
3 Listed eligible Historic structures are not required to meet these standards
[table goes here]
2007 S-28
Zoning 34G
1 For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of 100 feet from the MU-H zoning district line
and shall require conditional use approval. For properties abutting the MU-H district located east of US 1, the area of increase for height shall extend a distance of 100 feet from the
MU-H zoning district line and shall require conditional use approval; however, no increases in density and FAR are allowed.2 Must also have principal frontage on Arterial roadway.
2 Must also have frontage on local collector or higher roadway.
3 Maximum height on any street frontage is 40 feet. Maximum height on Intracoastal Waterway is 35 feet. Heights may require reduction where adjacent to a single-family zoning district
where necessary to achieve the compatibility requirements of these regulations.
4 Maximum height reduced to 125 feet for the entire project where property abuts any MU-L or residential zoning district not separated by a right-of-way.
Minimum Setback Requirements5
ZONES
MU-L1
MU-L2
MU-L3
MU-H
Side Yard7
Abutting Residential Single-Family
25 ft.1/0 ft.1,2
25 ft.1
25 ft.1
25 ft.1
Abutting Other Uses
10 ft.6
10 ft.6
10 ft.6
10 ft.6
Rear Yard7
Abutting Residential Single-Family
25 ft.1/0 ft.2
25 ft.1
25 ft.1
25 ft.1
Abutting Intracoastal Waterway
25 ft.
25 ft.
0 ft.3
0 ft.3
Abutting All Other Uses
10 ft.6
10 ft.6
10 ft.6
10 ft.6
Front Yard (build-to line) Any portion of property abutting a public right-of-way
All Uses
0 to 10 ft.4
0 to 10 ft.4
0 to 10 ft.4
0 to 15 ft.4
1 Plus one additional foot for each foot of height over 35 feet.
2 Where there is an intervening right-of-way of at least 40 feet.
3 Subject to permitting agency approval.
4 Sidewalk of at least 10 feet required. Setback may be greater if public plaza/gathering space is provided.
5 Listed eligible historic structures are not required to meet these standards.
6 Less setback allowed if void of negative impacts on adjacent use or on development potential of adjacent property.
7 Also see Section 10.c below (ultimate setback is also a factor of height and application of the sky exposure plane).
6. Rezoning of single-family residential zoning districts to mixed use zoning districts. All requests for rezoning from any single-family residential district to a mixed use zoning
district shall be subject to the following additional requirements:
a. Height, density and intensity of development based on the roadway frontage;
2007 S-28
34H Boynton Beach Code
b. Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to 1.25 foot (depth);
c. Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and
d. Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned property abuts single-family residential zoning.
7. Mixed uses.
a. Buildings containing residential and nonresidential uses are required within the MU-H Zoning District for all properties fronting on arterial roadways, permitted and encouraged
within the MU-L Zoning District. Mixed use structures are subject to the same development standards as "all other uses."
b. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses.
c. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate
compatibility based upon use type, construction materials, floor plan and site layout, and other factors as determined appropriate given the type of use.
8. Building placement, massing and orientation. Structures fronting on arterial roadways within the MU-H and MU-L Zones shall occupy the entire width of the parcel they are located
upon, notwithstanding corner side setbacks and clearance needed for a drive that may be required to access the rear of the property.
9. Access. Vehicular access for project shall not be directly from an arterial roadway where sufficient alternative access is available.
10. Landscaping and Design.
a. Landscaping in the MU-H District.
(1) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape.
(a) The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species.
(b) Trunks shall be a minimum four (4)-inch caliper and provide seven (7) feet of vertical clearance for visibility.
(c) In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized.
(d) Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days.
(2) Tree spacing.
(a) Trees shall be regularly spaced. The spacing of the trees shall be 20 - 25 feet on center.
(b) Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at corners or by corner conditions.
(c) Tree placement shall match the existing pattern, where appropriate.
(d) Tree guards, fabricated to city specifications, shall be placed adjacent to the curb, where feasible.
(3) Tree irrigation.
(a) Irritation systems shall be installed to service all trees and other landscape materials.
(b) Irrigation systems shall be in operable condition at all times.
(4) Sidewalks and lighting.
2007 S-28
Zoning 34I
(a) All new construction in the MU-H District shall provide new sidewalks.
(b) Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet wide, measured from the rear of the curb.
(c) Sidewalks and lighting shall, where practical, be consistent with the current design elements in place along Federal Highway.
(5) Flower containers. To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials shall, where practical, be planted and maintained
along facades of new building fronting on arterial roadways in the MU-H District.
a. Design compatibility. Proposed projects should compliment existing or approved adjacent mixed use projects in terms of height, color, style massing and materials. Projects proposed
that
would abut a single-family zoning district should be designed to avoid a reduction in privacy of the adjacent neighborhood through measures such as, but not limited to, additional landscaping,
orientation of windows and balconies, and layout of upper units.
b. Maximum height and setbacks — Sky Exposure Plane
(1) No building shall exceed the maximum height limits or the Sky Exposure Plane (S.E.P.) except as delineated below in section (3).
(2) All buildings shall be built within the S.E.P. based on the ratio of six vertical feet to one horizontal foot (6 to 1). The base for determining the sky exposure plane shall
be from the building setback at base height for building fronts, and from the minimum building setback for the side and rear elevations.
2007 S-28
34J Boynton Beach Code
(3) The following shall be deemed as allowable exceptions to the maximum height limits and S.E.P requirements:
(a) Balconies (unenclosed), canopies, trellises, landscaping, and flags;
(b) Elevator or stair bulkheads, rooftop equipment and related screening;
(c) Uninhabited architectural elements;
(d) Parapet not more than four feet high.
11. Parking requirements. Parking requirements for both the MU-H and MU-L zoning districts shall be as set forth by Chapter 2, Section 11H, of the Land Development Code. Chapter
2, Section 11I, shall apply only to the MU-H zoning district. Structured parking is preferred for all mixed use developments, and no surface parking should be visible from an adjacent
arterial or collector road.
a. On-site parking facilities shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions
of these regulations that require a specific residential automobile garage setback, and subsections 8.d. and 8.e. below, permitting understory parking and regulating parking garages.
The intent of this provision is that parking facilities not be prominent, as viewed from the street(s) that serve(s) as the main orientation for the principal building(s), in order to
emphasize buildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking
shall be from side streets not serving as the principal structure’s main frontage, when possible, in order to minimize vehicle/pedestrian conflicts along sidewalks resulting from driveway
crossings.
b. Mixed-use developments may utilize the following parking requirements based upon shared parking with different hours of use. The total requirement for off-street parking spaces
shall be the
highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For
the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be calculated and signed by a licensed traffic
engineer using "Shared Parking, Second Edition", U.L.I., 2005, or other acceptable methodology.
c. Freestanding parking garages as part of a mixed use development are permitted within the MU-H Zone only. Within the MU-H Zone, free-standing single-use parking garages call not
exceed seventy-five (75) feet in height, and shall not have direct frontage on any public street unless the portion of the garage abutting these streets contains storefronts, restaurants
or other permitted nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to a minimum depth of twenty
(20) feet, so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that
include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space.
d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors,
are permitted within the MU-H and MU-L Zones. Understory parking (on the first floor of a structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings. Such
first floor parking areas, abutting on any public roadway, are required to be developed for commercial uses to a minimum depth of twenty (20) feet. All other visible sides of the parking
structure shall be screened from view by a living trellis (utilizing climbing vines) and/or architecturally articulated facade designed to screen the parking area.
e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever
feasible, be
2007 S-28
Zoning 34K
designed for future connection to an adjoining parcel where an existing connection cannot be established.
12. Dumpster location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment.
13. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid-block street crossings on these streets.
14. Signage. Chapter 21, Signs, of the Land Development Code shall govern signage within the Federal Highway Corridor District.
15. Self-storage design requirements.
a. Location of self-storage use. Self-storage uses shall only be allowed above the first floor in mixed-use structure.
b. Ground-floor retail uses required. Street frontages of the ground floor area shall be devoted to one or more principal retail and office uses, not related to the self-storage use,
to a depth of at least twenty (20) feet.
c. Access to self-storage facilities. Access to self-storage use portion of the structure shall not be from/to an arterial roadway and must be screened from public right-of-way.
d. Design of buildings. Buildings shall be designed to have the appearance of a multi-story retail, office and/or residential structure through the use of windows, shutters, and appropriate
building elements on the upper floors.
16. Live/work unit requirements.
a. Minimum floor area. The minimum floor area of a live/work unit shall be one thousand (1,000) square feet.
b. Permitted floor area. No more than seven hundred and fifty (750) square feet, of the live/work unit shall be reserved for living space, including kitchen, bathroom, sleeping and
storage areas. The rest of the gross floor area of each unit
shall be reserved and regularly used for working space.
c. Separation required. Each live/work unit shall be a separate unit from other uses in the building. Access to each live/work unit shall be provided from common access areas, common
halls or corridors, or directly from the exterior of the building.
d. Parking. Each live/work unit shall be provided at least two and one-half (2 1/2) parking spaces.
e. Permitted work activity. The work activity in a building where live/work units are allowed shall be any use permitted by right in the zoning district, except that in order to protect
the health and safety of persons who reside in a live/work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation,
has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way
of materials, process, product or wastes.
f. Business tax receipt required. At least one resident of an individual live/work unit shall maintain a current business tax receipt for a business located in that unit.
g. No separate sale or rental of portions of unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the
premises or as a residential space for a person not working in the same unit.
h. No conversion of units. No live/work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live/work units in a single structure
to exclusively residential use shall be, where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted
where the live portion of the units is the only residential use in a project.
17. Automotive service station requirements.
2007 S-28
34L Boynton Beach Code
a. Location. Must be a part of a mixed-use development located at the intersections of roadways consisting of four (4) lanes or more that are classified as an "arterial" or "collector"
roadway on the city's adopted Roadway Classification Map.
b. Access. Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of fifty (50) feet from the intersection unless county or
state standards require a greater distance.
c. Setbacks. Building setbacks shall meet those required by the zoning district.
d. Canopy location. Canopy structure over the fuel pumps shall be located either to the side or rear of the sales office building.
e. Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside.
f. Accessory uses.
1. Shall require a conditional use approval.
2. May include vehicle washing (tunnel car wash) and minor repairs limited to servicing and installation of tires, batteries and accessories, lubrication and oil changes.
3. Hours of operation - 7:00 a.m. to 7:00 p.m., Monday through Friday and 7:00 a.m. to 12:00 noon on Saturday. No Sunday operation of accessory uses. This restriction does not apply
to the sale of convenience items.
g. Overhead doors. Overhead doors shall not be visible from any major roadway frontage.
18. Automotive repairs (minor) requirements.
a. Location. Shall be a part of a mixed-use development
b. Access. Shall not be directly from any major roadway.
c. Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside.
d. Overhead doors. Overhead doors shall not be visible from any major roadway frontage.
19. Street vendors regulations.
a. Licensing.
1. All street vendors shall obtain a license from the city's Business Tax Division and shall display same at all times when conducting business within the city.
2. Said license shall require approval of vending station design.
3. Licenses may be revoked following five (5) valid complaints against the business.
b. Location.
1. Street vendors operating on private property shall require approval from the property owner.
2. Street vendors operating within the public right-of-way shall not conduct business from a location within intersection crosswalks, block or obstruct access to handicap curb-cuts,
or obstruct pedestrian passage on the sidewalks at any time.
c. Waste removal. Each street vendor shall provide waste disposal containers, and shall remove all debris created by his or her business daily.
20. Definitions. The following are supplemental definitions applicable only to the mixed use zoning districts, and, therefore, in case of conflict, take precedence over definitions
in other portions of the code.
Accessory apartment. A habitable living unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation.
Accessory
2007 S-28
Zoning 34M
apartments shall comprise no more than twenty-five percent (25%) of the total floor area of a single-family dwelling, and shall in no case be more than seven hundred fifty (750) square
feet.
Antique shops or Auction house. Any premises used for the retail sale, trading or auction of articles of which eighty percent (80%) are over fifty (50) years old or have collectible
value. Antique shop or Auction house does not include "secondhand store" or auction of used merchandise.
Automotive repairs (minor). Providing replacement or repairs to automotive tires, batteries, accessories. Includes lubrication, oil changes, repairs to air conditioning, non-engine
and exhaust related service and repairs, but not including engine overhaul and/or replacement of internal parts of engines, body and fender work, painting and customizing.
Child care. An establishment that provides care, protection and supervision for children 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 conjunction 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.
Coffee house. An informal café or restaurant primarily offering coffee, tea, and other non-alcoholic beverages, and where light refreshments and limited menu meals may also be sold.
Convenience store. A small store near a residential area that stocks food and general goods and is open all or most of the day and night.
Custom furnishings. Home furniture and decorative objects built to a buyer’s specifications.
Cyber café. A coffee house that provides patrons with computer terminals for browsing the Internet for a fee.
Day spa. Spa facilities that have no overnight accommodations, but offer (an array of spa
treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day.
Fitness/health club. A commercial recreation and entertainment facility or private club which has as a principal use a gymnasium, swimming pool or other sports facility and which
may offer massages, whirlpool baths, steam rooms, saunas or medical facilities as accessory uses to the principal use.
Fortune-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.
Halfway house. A residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger society.
Hotel. 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 by the same occupant for less than thirty (30) consecutive 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. The
hotel rooms may be under single ownership or may be owned individually, provided all rooms are under single management, which provides for central reservations and maid services, and
receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office. No hotel unit shall be converted to or used as a multifamily dwelling without the prior
approval of the City Commission and compliance with all applicable land development regulations and the comprehensive plan.
Hotel, boutique. A small luxury hotel containing ten (10) to fifty (50) guest rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch
service and room service may also be provided.
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Hotel, extended stay. Any 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) days and no
more than one hundred and eighty (180) days.
Landscaped area. Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape
Code.
Listed historic structures. Includes all structures listed as eligible for designation in "The City of Boynton Beach Historic Sites Survey" as prepared by Research Atlantica, Inc,
September 1996, or 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 structure maintains its original architectural integrity, notwithstanding any modifications necessary to meet the requirements of the Americans with Disabilities
Act (ADA).
Live/work unit. A commercial unit with incidental residential accommodations occupying one (1) or more sleeping rooms or floors in a building primarily designed and used for commercial
occupancy and providing:
1. Adequate working space reserved for commercial use and regularly 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, food preparation area with reasonable work space and a full bathroom.
Medical outpatient facility. An 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.
Mixed use development. The development of a single building or single parcel to contain two (2) 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.
Motel. A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum of ten (10) residential
units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc.
Newsstand. A stall, booth or store where newspapers and magazines are sold.
Night club. A 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 (1) or more employees, guests, customers or other person or persons.
An establishment that provides background music, which is clearly incidental and allows for normal conversation levels, shall not be considered a night club.
Package liquor store. An establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises.
Private clubs, lodges and fraternal organizations. A facility used to house a registered non-profit or not-for-profit social, sports or fraternal organization for the primary purpose
of having private meetings for their membership, and may include the serving of meals and/or alcoholic beverages for the exclusive use of the members and their guests, and where access
to the general public is restricted.
Recreation and entertainment, indoor. An enclosed building which is principally used for games and other recreational purposes, and which is operated on a for profit basis. Such
uses include
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Zoning 34O
movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, court sports and swimming pools.
Recreation and entertainment, 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.
Residential, multi-family. A building containing three (3) or more dwelling units that cannot be classified as single-family attached.
Residential, single-family, attached. Two (2) or more one-family dwellings attached by 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-family attached dwellings include duplexes and townhomes.
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.
Sky exposure plane. 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.
Soup kitchen. A facility providing free or very low-cost meals or distributing free or very low-cost, pre-packaged foodstuffs to the public as part of a charitable activity, program
or organization.
Substance abuse center. A facility used primarily for the treatment of individuals for alcohol or drug abuse.
Theater. A building or outdoor structure expressly designed for the presentation of plays, operas, music concerts, motion pictures, etc.
G. PLANNED COMMERCIAL DEVELOPMENT DISTRICT.
1. Intent and purpose. A planned commercial district (PCD) is established. The purpose of this district is to provide a zoning classification for commercial developments that will
better satisfy current demands for commercially zoned lands by encouraging development which will reflect changes in the concepts and the technology of land development and relate the
development of land to the specific site, to conserve natural amenities and to allow for the mitigation of negative impacts which result from land development.
Regulations for the PCD are intended to accomplish a more desirable environment for commercial development in relation to existing and/or future city development, permit economies
in providing public services, and to promote the public health, safety, convenience, welfare and good government of the City of Boynton Beach.
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2. Definition. A "planned commercial development":
a. Is 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;
b. Provides 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;
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 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 areas, improvements, facilities and services for common use by the occupants of the planned commercial
development.
3. Unified control. All lands included in a planned commercial development shall be under the control of the applicant or his assigns (an individual, partnership, or corporation or
group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within
the proposed PCD. The applicant shall agree to:
a. Proceed with the proposed development according to the provisions of these zoning regulations and conditions attached to the zoning of the land to PCD;
b. Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to
PCD and for
continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and
c. Bind their successors in title to any commitments made under subsections 3a and b above. All agreements and evidence of unified control shall be examined by the city attorney
and no zoning of land to the PCD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements
of these zoning regulations.
4. Standards for planned commercial developments. In formulating recommendations and reaching decisions as to the zoning of land to the planned commercial development zoning classification,
the planning and development board and City Commission shall apply the following locational, utility and environmental standards consistent with the comprehensive plan in addition to
the standards established in Section 9.C of these zoning regulations applicable to rezoning of land generally.
a. Relation to major transportation facilities. A PCD shall be so located with respect to major roadways or other transportation facilities as to provide direct access to major transportation
facilities without creating or generating an unacceptable level of traffic along streets in residential areas or districts outside it.
b. Extensions of publicly owned and maintained utilities and storm sewers, etc. shall be constructed by the applicant at no expense to the city and said utilities, etc. shall be deeded
to the city clear of any encumbrances. Construction standards employed in the installation of publicly maintained utilities and storm sewers shall be those promulgated by the engineering
and utility departments as amended periodically. Concerning streets, consistent with the intent of these regulations, any required roadway improvements shall be constructed at the applicant’s
expense including the dedication of additional rights-of-way as noted in the traffic and circulation element of the comprehensive plan and the replacement of roadway capacity when applicable.
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Zoning 34Q
c. Physical character of the site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability
of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern
of use intended.
5. Uses permitted, conditional uses, uses requiring Fire Department Hazardous Material Disclosure in accordance with Part II, Section 9-71 of this code.
a. All uses listed in Section 6.C.1 of these zoning regulations provided however, that uses listed as conditional will not be required to secure conditional use approval if shown
on the master plan required as a part of this submission, and uses will not be subject to the minimum acreage requirements of Section 6.C.1. if the site meets the minimum acreage requirement
for rezoning to PCD and all portions of any building dedicated to such use are separated from residentially zoned property by a distance of 200 feet.
b. Uses ancillary to permitted uses; and
c. Commercial uses not listed in Section 6.C.1, but approved by the planning and development board.
d. Any use listed under 6E.1, which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the same may be defined by 40 Code
of Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule 4A-62.003, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure
in accordance with Part II, Section 9-71 of this code.
6. Uses prohibited.
a. All uses listed in Section 6.C.2 of these zoning regulations.
7. Design criteria for planned commercial developments. In addition to the design and construction criteria established in other chapters or sections of the Boynton Beach Land Development
Regulations, the following design criteria shall be applicable to the zoning, design and construction of planned commercial developments:
a. Minimum land area. The minimum land area for a planned commercial development shall be three (3) contiguous acres.
b. Off-street loading. Every hospital, institution, hotel or commercial building or similar use requiring the receipt or distribution by vehicle of materials or merchandise shall
have one (1) off-street loading bay for each twenty-five thousand (25,000) square feet of gross floor area or fraction thereof. Off-street loading areas shall be designed in such a
manner as to screen from view at ground level, parked vehicles, a materials handling facilities including compactors or dumpsters. For the purposes of this section, screening is defined
as a solid stucco masonry wall painted on both sides.
c. Lot coverage. The total ground floor area of all buildings and accessory structures shall not exceed forty (40) percent of the plot on which they are constructed.
d. Open lot areas. All open portions of any lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free condition by suitable landscaping with
trees, shrubs or planted ground cover. The design of such landscaping and the measures taken to ensure its maintenance shall be subject to the approval of the community appearance board.
e. Planned commercial development district setbacks:
Front yard 40 feet
Side yard 30 feet
Rear yard 40 feet
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f. Peripheral greenbelt. The project area shall be enclosed on all sides with the exception of accessways for traffic and freight by a landscaped greenbelt area with a minimum width
of ten (10) feet except when such property abuts a residential district
such greenbelt shall have a minimum width of twenty-five (25) feet.
8. Procedures for zoning land to planned commercial development. The procedure for zoning land to the planned commercial development classification shall be the same as for zoning
lands generally; however, because of the differences between planned development districts and conventional district boundary regulation changes, the procedures and requirements which
follow shall apply to all applications for zoning to PCD in addition to the general requirements.
a. Applications; materials to be submitted. In addition to information required for application for zoning generally, the applicant shall submit the following materials or data:
(1) Legal documents assuring unified control of the proposed PCD and the agreements required under subsection 3 above.
(2) A master plan containing:
(a) The title of the project and the names of the professional project planner, engineer, surveyor and developer;
(b) Scale, date, north arrow, and general location map;
(c) Boundaries of the property involved, all existing streets, buildings, water courses, easements, section lines and other existing important physical features in and adjoining
the project;
(d) Site plan of locations of land uses including but not limited to commercial areas, greenbelts and proposed right-of-ways;
(e) Master plan showing access and traffic flow; and
(f) Tabulations of total gross acreage in the development and percentages thereof to be devoted to the various land uses.
(3) Subdivision master plan requirements not listed above.
(4) A market study indicating the market area and demand for the facilities proposed.
9. Planning and development board findings. After conducting a public hearing(s), the planning and development board shall recommend to the City Commission that the PCD zoning request
be approved, approved with modifications or denied. In making its recommendation to the City Commission, the board shall make findings that the applicant has met the following requirements:
a. The requirements of Section 9C of these regulations related to zoning generally;
b. The requirements for unified control listed in Section 6F3 above;
c. The standards listed in Section 6F4 above;
d. The design criteria listed in Section 6F7 above; and
e. Consistency with the adopted comprehensive plan for Boynton Beach.
10. Conditions and stipulations. In recommending zoning of land to the PCD classification, the planning and development board may recommend and the City Commission may attach suitable
conditions, safeguards, and stipulations, in accord with standards set out in these zoning regulations and in this section. The conditions, safeguards and stipulations so made at the
time of zoning to PCD shall be binding upon the applicant or his successors in interest. Deviations from the approved master plan except in the manner herein set out or failure to
comply with any requirement, condition, or safeguard, shall constitute a violation of these zoning regulations. It is intended that no
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Zoning 34S
conditions, safeguards or stipulations be required which are not within the standards set out in these zoning regulations and in this section and that conditions, safeguards, and stipulations
be clearly related to the ends and objectives of these zoning regulations and this section.
11. Time limit. The approval of the zoning to PCD by the City Commission shall be in effect for eighteen (18) months from the effective date of the approval of the ordinance to rezone.
Failure to record a plat of record for the first phase of the development or for the total development as the case may be within the aforementioned eighteen (18) months shall result
in the approval of rezoning being subject to review by the City Commission. The City Commission shall direct staff to submit to the City Commission an application which will down zone
the property to the original or appropriate zoning district. Following such direction by the City Commission, no new development permits affecting the property shall be issued by the
city until a final determination is made by the City Commission following notice and public hearing. Upon written request by the applicant prior to the expiration of the PCD classification
the City Commission may extend for one (1) additional year, the period for commencing platting procedures. In granting such extensions, the City Commission may impose additional
conditions to insure completion of the platting process and conform the project to current development standards, and to protect the health, safety and welfare of adjacent developments.
12. Platting, site development plans and building permits.
a. Platting. All planned commercial developments are subject to and shall be developed consistent with the requirements of Chapters 5 and 6 of the Boynton Beach Land Development
Regulations.
b. Site development plans. All plans for lots or parcels proposed to be developed within planned commercial developments are subject to and shall be developed consistent with the
requirements of Chapter 4, Site Plan Review, Land Development Regulations.
c. Permits. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 5 of the Land Development Regulations are completed
in every respect.
13. Changes in plans.
a. Modifications to approved plans which result in an increase of ten (10) per cent or more in measurable impacts such as traffic created, water used or sewage or storm water generated
or some other comparable measure shall be processed as for a new application for zoning to PCD.
b. Modifications to approved plans which result in an increase of less than ten (10) per cent in measurable impacts as determined by including any changes in traffic generated, water
consumed or sewage to be collected will require review and recommendation by the planning and development board and final approval by the City Commission. The City Commission decision
to approve, approve with modifications or deny, shall be predicated upon a finding of consistency with the comprehensive plan and a finding that any such increase will not result in
a negative impact on infrastructure delivery systems or the surrounding area in general. It is the intent of this section that all additional impacts be mitigated. Modifications which
result in an increase of less than ten (10) percent in measurable impacts shall not extend the expiration date of the eighteen month approval of a PCD classification.
H. SMU - SUBURBAN MIXED USE ZONING DISTRICT.
1. Intent and purpose. The suburban mixed use zoning district, which shall only be applicable to lands located west of I-95, allows for diversity of land uses and accommodates and
encourages a mixture of residential, office, retail, recreational, and other miscellaneous uses, which may be arranged either vertically or horizontally on assembled parcels along major
arterials outside of the downtown redevelopment district. All development and redevelopment shall be guided by an approved
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plan through the use of the SMU master plan, planned unit development, conditional use, or other site plan review processes.
The objectives of the Suburban Mixed Use zoning district is as follows:
a. Support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area;
b. Create major new mixed-use areas in planned locations with appropriate densities, heights, and mixture of uses;
c. Create attractive pedestrian environments through appropriate separation from and design of vehicular circulation areas;
d. Provide public plazas and gathering places that are both well-designed and integrated into the overall design of the development;
e. Allow flexibility in architectural design and building bulk, while maximizing compatibility and harmony with adjoining development;
f. Create higher quality environments for residents, businesses, employees, and visitors; and
g. Encourage innovative design that achieves vertical and horizontal integration of uses.
2. SMU - Suburban Mixed-Use Zoning District.
a. In order to complement the redevelopment and envisioned growth of the suburban area, the SMU zoning district shall only be applied to lands west of I-95 classified as Development
of Regional Impact (DRI) or other land use classifications subsequently established on the Future Land Use Map.
b. The SMU district is appropriate for low-to-mid-rise developments that provide for medium density residential uses. The district allows a maximum height of fifty-five (55) feet
and a residential density of twenty (20) dwelling units per acre for mixed-use projects. Building heights between fifty-five (55) feet and up to seventy-five (75) feet to the peak of
the structure or any architectural details may be allowed only for interior buildings (those buildings separated from property line by another project building or use), if approved as
a conditional use. The review of SMU applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. All new suburban mixed-use developments
within this district shall front on a major arterial and contain a mixture of retail, commercial, office and residential uses.
3. Permitted uses. The following table identifies the permitted, restricted and prohibited uses within the Suburban Mixed Use Zoning District. Uses are classified as Permitted "P",
Conditional "C", or Not Permitted "N". Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions
associated with the use. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly
permitted.
[Table 6H-1 begins on next page]
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Zoning 34U
TABLE 6H-1
SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES
USE GROUP/USE
SMU ZONE
Residential or Lodging Use Group
Bed and Breakfast
C
Hotel
C
Home Occupation
P
Mobile Home
N
Motel
N
Residential, Single-Family Detached
P
Residential, Single-Family Attached
P
Residential, Multi-Family
P
Temporary Sales Office
P
Temporary Model Residences
P
Live/Work Units
P8
Boarding and Rooming House (except where provided by state law)
N
Accessory Unit
P
Community Facilities Use Group
Communication Tower or Antenna
C9
Government/Civic Center/Library
P
Recreation (outdoor)
C
Museum
P
House of Worship
P1
Police or Fire - Rescue Station
P
Postal Center (retail sales only)
P2
Post Office
P
Public Park
P
Public Parking Lot or Garage
P
Office Use Group
Banks, Financial Institutions
P2,5
Medical or Dental Clinic
P2
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34V Boynton Beach Code
USE GROUP/USE
SMU ZONE
Office Use Group (Continued)
Medical or Dental Office
P2
Physical Therapy Office
P2
Professional Business Office
P2
Real Estate Office
P2
Veterinary Office or Clinic
P2
Sales and General Commercial Use Group
Alcoholic Beverage Package Store
P2
Ammunition or Firearm Sale or Rental
N
Animal Boarding or Kennel (indoor only)
P2
Animal Grooming
P2
Animal Sales/Pet Shops w/Veterinary Facilities
P2
Antique Mall/Flea Market
N
Arts, Crafts, Hobby and Framing
P2
Auction House
N
Automotive Parts Sales w/out Service
P2
Automobile Sales with Display
N
Bakery, Retail
P2
Bicycle Shop
P2
Boat/Marine Sales/Rental
N
Boat/Marine Accessories
P2
Bookstore
P2
Building Supplies or Materials
N
Bus Terminal
N
Camera and Audio Video Equipment
P2
Contractor’s Office/Equipment Storage
N
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Zoning 34W
USE GROUP/USE
SMU ZONE
Sales and General Commercial Use Group (Continued)
Coffee Shop
P2
Convenience Store
P2
Custom Furnishing and Antique Stores
P2
Cyber-café
P2
Delicatessen
P2
Department Store < 80,000 s.f.
P
Department Store > 80,000 s.f.
C7
Dive Shop and Instruction as Accessory Use
P2
Drug Store or Pharmacy
P2,6
Gasoline Sales with/without Vehicle Service
N
Grocery Store, Supermarket
P3
Fitness Center
P2
Florist
P2
Furniture Store
P2
Hardware Store
P2
Health Food Store
P2
Home Improvement Centers
C7
Household Appliances and Parts
P2
Jewelry or Cosmetics Store
P2
Linen and Household Goods
P2
Luggage, Purses and Personal Gear
P2
Lumber Yard
N
Membership Club
C7
Music Store
P2
New Clothing, Shoes or Accessories
P2
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34X Boynton Beach Code
USE GROUP/USE
SMU ZONE
Sales and General Commercial Use Group (Continued)
Newstand
P2
Office Supplies
P2
Outdoor Storage or Display
N
Parking Lot for Commercial Vehicles
N
Parking Lot or Garage, Private Ownership
P
Personal Watercraft Sales, Rental, Service, Parts or Repair
P2
Photographic Studio and Photographic Supplies
P2
Restaurant, w/Drive-Thru
C5
Restaurant, Sit-Down
P
Specialty Foods and Confections
P2
Sporting Goods
P2
Television, Radio, Video and Stereo Equipment
P2
Tobacco Accessories
P2
Toy Store
P2
Vehicle or Marine Customizing, Detailing, Service, Parts or Repair
N
Video Rental
P2
Wholesale/Warehouse/Distribution
N
Service Use Group
Barbershop/Beauty Salon/Day Spa
P2
Dance/Martial Arts Studio
P2
Dressmaker or Tailor
P2
Drycleaner
P2,4
Fitness Club
P2
Funeral Home
N
Hospital
N
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Zoning 34Y
USE GROUP/USE
SMU ZONE
Service Use Group (Continued)
Labor Pool Establishments
N
Laundromat
P2
Medical Outpatient Facility
C
Nursery, Preschool or Child Daycare
P
Nursing or Convalescent Home
N
Photocopy Center
P2
Self-storage or Mini Warehouse
C
Shoe Repair
P2
Tattoo Parlor/Body Piercing
N
Soup Kitchens/Substance Abuse Centers/Shelters/Half-Way Houses
N
Entertainment Use Group
Adult Entertainment
N
Bar, Cocktail Lounge
P2
Billiard Club/Bowling Alley/Indoor Recreation Facility
P
Bingo Hall
N
Fortune Teller
N
Movie Theater
P2
Night Club
C
Performing Arts Theater
P
Private Clubs, Lodges and Fraternal Organizations
C2
Accessory Use
Drive-Thru Facility (other than accessory use to financial institutions, pharmacies and restaurants)
C5
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34Z Boynton Beach Code
Restriction Notes:
1 Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines:
- For uses with less than 5,000 square feet of gross floor area, 750 feet.
- For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet.
2 Must be integrated into a commercial or mixed use development and any single business, not to exceed 30 percent of the gross floor area of the mixed use development.
3 Gross floor area of grocery store must be a minimum of 20,000 square feet and a maximum of 80,000 square feet.
4 On-site drop-off and pick-up only.
5 Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires conditional use approval.
6 Indoor storage/display shall not exceed 20,000 square feet.
7 Maximum footprint is 120,000 s.f. Elevations to be enhanced with appropriate design elements to break up large wall expanses (i.e. articulation, windows, columns, varied rooflines,
etc.).
8 Subject to compliance with supplemental regulations in Section 5(b).
9 Stealth facilities only, integrated into the architecture and/or structural composition of the project; and subject to compliance with development standards and regulations (setbacks,
height buffering, etc.) of Chapter 10.
4. Building and site regulations.
MINIMUM PARCEL SIZE
SMU ZONE
Residential or Lodging Use Group
Hotel
3 acres1
1Or part of a mixed use project at least 3 acres in size
Residential, Single-Family Detached
5,000 sq. ft.
Residential, Single-Family Detached w/Accessory Unit
7,500 sq. ft.
Residential, Single-Family Attached
2,500 sq. ft.
Residential, Multi-Family
15,000 sq. ft.
Commercial Facility Use Group
Public Park
no minimum
All Other Uses
10,000 sq. ft.
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Zoning 34AA
MAXIMUM DENSITY/INTENSITY
SMU ZONE
Maximum F.A.R. (excluding parking structures)
1.0
Maximum Density
20 du/ac
MINIMUM USABLE OPEN SPACE1
SMU ZONE
Residential, Single Family Detached2
40%
Residential, Single Family Attached2
30%
All Other Uses
20%
1 Usable open space shall provide active or passive recreational space and shall not be occupied by water bodies, streets, drives, parking areas, or structures other than recreational
structures.
2 All least 50% of the required usable open space for single family residential uses shall be contained in one or more common pooled areas and a rectangle inscribed within each common
pooled area shall have no dimension less than 75 feet.
3 Up to 50% of the usable open space required for All Other Uses may be hardscaped plazas and public gathering places.
MINIMUM LIVING AREA
SMU ZONE
Single Family Detached
1,200 sq. ft.
All Other Residential
750 sq. ft.
Accessory Apartment
750 sq. ft.
MINIMUM LOT FRONTAGE
SMU ZONE
Residential or Lodging Use Group
Residential, Single Family Detached
50 ft.
Residential, Single Family Attached (Duplex)
75 ft.
Residential, Single Family Attached (Townhome)
20 ft.
Residential, Multi-Family
100 ft.
All Other Uses
100 ft.
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34BB Boynton Beach Code
MAXIMUM HEIGHT
SMU ZONE
Residential or Lodging Use Group
Residential, Single Family Detached
35 ft.
Residential, Single Family Attached (Duplex)
35 ft.
Residential, Single Family Attached (Townhome)
45 ft.1
Residential, Multi-Family
55 ft.1,2
All Other Uses
55 ft.1,2
Minimum Height
35 ft.3 (25 ft.)4
1 Where adjacent to developed single family residential zoning districts, height setback envelope shall apply.
2 Maximum of 75 feet with conditional use approval. Exceptions to the maximum height shall not be allowed. Setback from property boundary is three times the building height. If property
abuts single family residential or arterial roadway, building shall be separated from property line by another project building equal to or less than 55 feet in height.
3 Applies to any facade with arterial roadway frontage. Multiple story buildings are encourage along arterial roadways. The intent of this provision is to create the appearance, or
simulate the intensity of, a minimum two (2)-story building.
4 Conditional use approval required if less than the 35 ft. minimum.
FRONT YARD SETBACK
SMU ZONE
Residential or Lodging Use Group
Residential, Single Family Detached build-to line
10 ft.1
Residential, Single Family Attached build-to line
10 ft.1
Residential, Multi-Family build-to line
10 ft.2,4,5
All Other Uses including mixed use with a residential component build-to line
10 ft.2,4,5
1 Porches may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle.
Minimum setback for a garage facing or accessing the street is 20 feet. Where less than 20 feet, garage access required from side or rear.
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2 Projecting feature(s) such as awnings, balconies, porches and/or stoops may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk.
3 One or more projecting feature(s) such as awnings, balconies, colonnades, porches and/or stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance
from any vehicle use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5-foot horizontal pedestrian clearance.
4 Front yard build-to line along major arterial roads, a maximum of 90 feet inclusive of a 25-foot landscape buffer.
5 Where adjacent to developed single family residential zoning districts. Height setback envelope shall apply.
SIDE YARD
SMU ZONE
Residential or Lodging Use Group
Residential, Single Family Detached, Interior
7 ½ ft. or 0/10 ft.
Residential, Single Family Detached, Corner
15 ft.
Residential, Single Family Detached, End
10 ft.
Residential, Single Family Attached (Duplex), Corner
15 ft.
Residential, Single Family Attached (Townhomes), End
10 ft.
Residential, Single Family Attached (Townhomes), Corner
15 ft.
Residential, Multi-Family
10 ft.1
All Other Uses
0 ft.1
REAR YARD
SMU ZONE
Residential, Single Family Detached
7.5 ft.
Residential, Single Family Attached
7.5 ft.
Residential, Multi-Family
15 ft.1
All Other Uses
0 ft.1
1 Where adjacent to developed single family residential zoning districts. Height setback envelope shall apply.
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a. Building height measurement. Building height shall be measured from the lowest point at the common property line or from the minimum base flood elevation as established by FEMA,
whichever is highest, to peak of the structure, including any architectural details, rooftop equipment, stairwells, elevator shafts, etc.
b. Height setback envelope: Minimum building setbacks based on building heights. The height setback envelope is applicable where the SMU development is adjacent to a developed single
family residential zoning district. This minimum setback shall be three times the building height for any multi-family or nonresidential structure. The setback shall be measured from
the common boundary of the SMU and the single family residential zoning district or the midpoint of any intervening right-of-way.
5. Mixed Uses.
a. Buildings containing residential and nonresidential uses are encouraged within the SMU zoning district and subject to the same development standards as "all other uses". Residential
uses within mixed-use structures, with the exception of designated live/work units, are encouraged not to be located on the ground floor, which shall be reserved for nonresidential uses.
b. Nonresidential uses within mixed residential/ nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate
compatibility based upon use-type, construction materials, floor plan and site layout, and other reasonable factors as determined appropriate given the type of use.
c. Live/Work Units. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live/work units shall be specifically designated on the
site plan, and comply with the following standards and requirements. These provisions are not applicable to dwellings or occupations that meet the definition of home occupation in Section
11.D of this chapter.
(1) Unit requirements.
(a) No more than 30% or four hundred (400) square feet, whichever is greater, of
the live/work unit shall be utilized for working space. Working space shall be located on the ground level and shall not utilize garage or living spaces.
(b) Each live/work unit shall be a separate unit from other uses in the building. The ground floor of all live/work units shall meet the Florida Building Code requirements for mixed
occupancy buildings. Each unit, including the garage, shall be separated by walls from other live/work units or other uses in the building.
(c) Buildings designated as live/work shall provide universal accessibility to the front and to the interior space of the nonresidential area of the live/work unit from the public
sidewalk adjacent to the street.
(d) To minimize impacts to the greater neighborhood, units planned for live/work uses shall be located at the perimeter of the residential project or along the project’s principal
roadway, and/or where possible, adjacent to perimeter/external rights-of-way.
(2) Permitted Uses. Nonresidential uses that are permitted in live/work units are generally limited to professional service, business service, or tutoring services. A listing of
common uses permissible in live/work units, subject to issuance of business tax receipt are located in subsection 16 below. No work activity shall be permitted that by virtue of intensity
or number of employees has the potential to create impacts by reason of traffic, parking issues, hazardous materials, or excess waste.
(3) Occupancy and Employees. No more than two (2) on-site employees, in addition to the resident(s) of the live/work unit, may undertake business activities from said unit. At least
one resident of an individual live/work unit shall maintain a current business tax receipt for a business located in that unit. Acknowledgment, in the form of an affidavit, of the employee
limitation shall be made by the unit resident, at the time of application for a business tax receipt. The work area shall not be rented separately from the living space.
(4) Parking. The city encourages that one parking space per two (2) live/work units be provided to meet business activity needs. Parking
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provided to meet this requirement shall be located on the lot, built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. Parking
provided to accommodate said space, including driveways of adequate depth in front of the unit’s garage, shall not serve as meeting required parking for the unit’s residential use.
(5) Signage. One wall plaque shall be permitted per live/work unit, not to exceed two (2) square feet in sign copy area, in accordance with the applicable sign program.
(6) Site Plan Requirement. All respective plan pages shall identify all proposed live/work units and buildings. Live/work units shall be tallied in the site plan tabular data.
6. Landscaping. The landscaping requirements for the SMU District are supplementary to those requirements set forth in Chapter 21 of the Boynton Beach Land Development Code.
a. SMU District.
(1) Trees.
(a) All new construction in the SMU District shall provide shade trees in the streetscape.
(b) The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species.
(c) Trunks shall be a minimum four (4)-inch caliper measure at DBH. In addition, there shall be no branches below four (4) feet for visibility.
(d) In instances where
canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized.
(e) Small flowering trees shall be planted under overhead utility lines.
(f) Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days.
(2) Tree spacing.
(a) Trees along all street rights-of-way are required and shall be regularly spaced. The spacing of the trees shall be a minimum of thirty (30) feet on center for trees meeting
only the minimum caliper requirement. The City Forester shall approve any increase in spacing for trees exceeding the minimum caliper.
(b) Spacing may be modified to allow for the creation of vistas, where appropriate, or by factors such as the placement of utilities, by property access points, sight lines at corners
or by corner conditions.
(c) Tree placement shall match the existing pattern, where appropriate.
(3) Tree irrigation.
(a) Low volume design irrigation systems shall be installed to service all trees with bubblers and other landscape materials with sub-irrigation design.
(b) Irrigation systems shall be in operable condition at all times.
(4) Sidewalks.
(a) Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrianways of mixed-use development areas only.
(5) Flower containers.
(a) To add color and soften internal sidewalk paving with plants, flower containers containing blooming annuals or perennials are encouraged to be planted and maintained along facades
of all central mixed-use areas in the SMU District.
(6) Perimeter buffer.
(a) A minimum perimeter buffer twenty-five (25) feet in width shall be provided surrounding the project. All buffers abutting the right-of-way of arterial, roadways shall include
a landscaped berm.
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7. Parking requirements. Parking requirements for the SMU zoning district shall be set forth by Chapter 2, Section 11H, of the Boynton Beach Land Development Code.
a. Parking for mixed-use developments may utilize shared parking ratios, consistent with those prepared by ULI - the Urban Land Institute. Supporting documentation from this standard
book shall be presented with a shared parking analysis at the time of technical site plan approval.
b. Freestanding parking garages as part of a multi-family residential or mixed-use development are permitted within the SMU Zone. Within the SMU Zone, freestanding parking garages
shall not have direct frontage on major roadways unless a portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses, or residential
uses on the first floor. The intent is to attempt, where possible, to border or wrap the garage in storefronts and other permitted habitable floor area so as to disguise the garage and
create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed
to blend the architecture of the garage with the remainder of the structure or adjacent buildings. Portions of freestanding parking garages that are not screened with habitable space
and are in view from the general public shall utilize design measures such as shutters, planter boxes, tall landscaping, etc. to soften their impact.
c. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors,
are permitted within the SMU Zone. Understory parking is permitted throughout the SMU Zone for multiple-floor buildings. Such parking areas shall be screened from view by landscaping,
buildings, and/or architecturally articulated facade designed to screen the parking area.
d. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible.
8. Dumpster location. Dumpsters shall be adequately screened from view in accordance with the provisions of the Land Development Regulations, or compatible with the surrounding environment
if located out of view from the general public.
9. Signage. Chapter 21, Signs, shall govern signage along the major arterials, except as otherwise approved within a master signage program for the SMU development project.
10. Minimum project size. A minimum of ten (10) acres shall be required for any project developed under the provisions of the SMU regulations.
11. Master plans for phased projects. The procedures for zoning of land to SMU district shall be the same as for planned zoning districts. To promote and encourage development in this
form where uses
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Zoning 35
may be integrated horizontally and vertically within structures as coordinated units, a SMU master plan, including multi-year phases, shall be submitted and reviewed for approval at
the time of rezoning to SMU.
a. In addition to the information required for application for zoning generally, the applicant shall submit a SMU master plan containing the following materials or data:
(1) The title of the project and the names of the professional project planner and the developer;
(2) Scale, date, north arrow and general location map;
(3) A current survey, sealed, that includes the boundaries of the property involved, all existing streets, buildings, water courses, easements, section lines and other existing important
physical features in and adjoining the project;
(4) Master plan locations of the different uses proposed, including open space or common areas, recreational facilities, residential areas, commercial uses, office uses, other permitted
uses, and areas to be developed with integrated mixed-use structures;
(5) Master plan generally showing access and traffic flow to each parcel;
(6) Tabulations of total gross acreage in the development and the percentages thereof proposed to be devoted to the several land use types,
(7) Tabulations demonstrating the proposed1 numbers of dwelling units, square footage of commercial, office and other uses, and,
(8) Architectural design standards showing the following: design themes to be followed, building colors and color pallet options, maximum building heights, and color elevation renderings
depicting representative design concepts.
1 Subject to changes in use category at time of technical site plan approval.
b. Procedures. On application of master plan approval for a SMU project, the Planning and Development Board and City Commission shall proceed in general as for other applications for
planned zoning districts.
12. Master plan modification. Following approval of a master plan for a SMU, subsequent modifications may be processed by the TRC portion of the site plan review process as long as
the proposed changes do not increase or decrease the total square footage for office or retail uses, or dwelling units by more than thirty percent (30%), do not require a Notice of
Proposed Change to a Development of Regional Impact as defined in Florida Law, or lower the overall standard of the master plan as defined by public plazas and open space, architectural
design characteristics, building placement and massing, or location of land uses.
Non-substantial modifications will not extend time limitations for development of property as stipulated in Land Development Regulations, Chapter 2, Section 9, paragraph C 13.
13. Site plans. Site plans for development of land zoned SMU shall be processed in accordance with procedures established in the City’s Land Development Regulations. The site plan
application data shall be in substantial compliance with the Master Plan submitted as a part of the application for zoning to SMU. In addition to the requirements of the Land Development
Regulations determined to be applicable, the following information shall be provided:
a. Building locations and architectural elevations of all structures proposed except for single-family detached homes which are a part of the project shall be depicted on the site
plan or and the supplementary materials required.
b. Landscape plan depicting existing and proposed vegetation and locations thereof on the site, consistent with the requirements of Chapter 4 of the City’s Land Development Regulations.
c. Fence, wall and planting screen locations, heights and materials.
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d. Tabulations analyzing the number of total gross acres in the project and the percentages thereof proposed to be devoted to the dwelling types, nonresidential uses, other accessory
structures, off-street parking and off-street loading, streets, recreation areas, parks, schools and other reservations. Tabulations of total number of dwelling units in the project
by types and the overall project density in dwelling units. Tabulations of floor area of nonresidential uses and the overall project intensity. Floor area as computed from FAR shall
include the floor area of all permitted principal or accessory uses except areas for parking, storage, elevator hoist equipment or machinery, heating or air conditioning equipment, stairwells
and towers, and the like; and requirements deriving from floor areas shall include such floor area.
e. Common areas. Once a master plan and boundary plat approval has been obtained the applicant shall proceed in accordance with the requirements of the subdivision regulations, determined
to be applicable. In addition to the plat certificates specified in the city subdivision regulations and prior to recording a final plat, the developer shall file, a legally constituted
maintenance association agreement for improving, perpetually operating, and maintaining the common facilities; including streets, drives, parking areas, plazas and open space and recreation
facilities; or he shall file such documents as are necessary to show how the said common areas are to be improved, operated or maintained. Such documents shall be subject to the reasonable
approval of the City Attorney.
14. Once a master plan has been approved in a SMU district, the designated parcels may be platted as a boundary plat for the purpose of a sale to a third-party purchaser. Each parcel
that is platted will be subject to technical site plan approval as provided in the City’s Code. This boundary plat may be processed simultaneously with the SMU master plan or a SMU master
plan modification.
15. Live/Work Unit Permissible Uses. The following list identifies the permitted uses within designated live/work units, subject to business tax receipt requirements:
BUSINESS SERVICE
Addressing service/mailing list compiler
Arbitrator, mediator services
Cleaning
services, maid, housekeeping,
janitorial
Commercial artist/design studio
Commercial photography
Computer programming service
Computer software development
Data processing
Direct mail advertising services
Editing, proofreading, typing service
Paralegal
Party supplies, rental/leasing (office only, no storage on site)
Private investigator
Recording service
Secretarial service
Boat broker (office only)
PERSONAL SERVICE
Alteration, dressmaking shop, tailor
PROFESSIONAL SERVICE
Abstract and/or title company
Accountant/income tax services
Adjusters, insurance
Advertising office
Appraiser
Architect
Attorney
Auctioneer (office only)
Author
Broker
Business analyst
Calculating and statistical service
Court reporting/stenographers
Credit reporting
Engineer’s office
Importer/exporter (office only)
Insurance agency/bond office
Interior decorating
Loan company office
Market research office
Model agency
Notary public office
Public relations office
Real estate sales/management office
Travel agency
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OTHER USES
Tutoring or instruction (academics, music, art)
Art studio with ancillary sales
(Ord. No. 95-05, § 1, 3-21-95; Ord. No. 95-24, §§ 1, 2, 3, 8-15-95; Ord. No. 95-27, § 1, 7-18-95; Ord. No. 95-45, § 1, 12-19-95; Ord. No. 96-51, § 3, 1-21-97; Ord. No. 97-24, §§ 1, 2,
3, 7-1-97; Ord. No. 97-29, § 1, 6-17-97; Ord. No. 98-31, § 2, 8-4-98; Ord. No. 99-38, § 1, 1-4-00; Ord. No. 00-55, §§ 3 and 4, 10-17-00; Ord. No. 00-63, §§ 2, 3, 4, 12-5-00; Ord. No.
00-16, §§ 2 and 3, 3-20-01; Ord. No. 01-17, § 1, 4-3-01; Ord. No. 01-30, § 2, 7-3-01; Ord. No. 01-45, § 3, 8-7-01; Ord. No. 01-52, § 2, 10-4-01; Ord. No. 02-024, § 2, 6-18-02; Ord. No.
03-010, § 3, 4-1-03; Ord. No. 03-015, § 2, 5-6-03; Ord. No. 03-016, § 3, 5-20-03; Ord. No. 04-011, § 2, 4-7-04; Ord. No. 04-027, § 4, 4-20-04; Ord. No. 04-032, § 2, 5-18-04; Ord. No.
04-67, § 2, 8-17-04; Ord. No. 04-79, § 3, 10-19-04; Ord. No. 05-017, § 2, 3-15-05; Ord. No. 05-028, § 5, 7-5-05; Ord. No. 05-043, § 2, 8-16-05; Ord. No. 06-088, § 2, 12-5-06; Ord. No.
06-096, § 2, 1-2-07)
Sec. 7. Planned industrial development district.
A. INTENT AND PURPOSE. A planned industrial development district (PID) is established. The purpose of this district is to provide a zoning classification for light industrial development
that will better satisfy current demands for light industrial zoned lands by encouraging development which will reflect changes in the technology of land development and relate the development
of land to the specific site and to conserve natural amenities. Regulations for the PID are intended to accomplish a more desirable environment for industrial development in relation
to existing and/or future city development, permit economies in providing public services, allow for economies of scale in industrial development, and to promote the public health, safety,
convenience, welfare and good government of the City of Boynton Beach. PID districts may contain Mixed Use Pods with retail, commercial, office, and residential components, subject
to the design and approval criteria hereinafter set forth.
B. DEFINITION. A "planned industrial development":
1. Is land under unified control, planned and developed as a whole in a single development operation or an approved programmed series of development operations for industrial buildings
and related uses and facilities;
2. Provides for an industrial 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;
3. 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
4. Includes a program for full provision, maintenance, and operation of such areas, improvements, facilities and services for common use by the occupants of the PID, but will not be
provided, operated or maintained at public expense.
C. MINIMUM LAND AREA FOR PID. The minimum land area for a planned industrial development shall be twenty-five (25) contiguous acres.
D. UNIFIED CONTROL. All land included for purpose of development within district shall be under the control of the applicant (an individual, partnership, or corporation or group of
individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed
PID. The applicant shall agree to:
1. Proceed with the proposed development according to the provisions of these zoning regulations and conditions attached to the zoning of the land to PID;
2. Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans
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approved at the time of zoning to PID and for continuing operations and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public
expense; and
3. Bind their successors in title to any commitments made under subsection D.1 and 2 above. All agreements and evidence of unified control shall be examined by the city attorney and
no zoning of land to PID classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these
zoning regulations.
E. USES PERMITTED. In the PID, a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale
or retail), educational institution, adult entertainment in accordance with Section 11.M., recreational and attractions as defined for the industrial land use classification,
multi-family residential, and mixed use residential/commercial uses in PID’s totaling a minimum of 500 acres or industrial use provided that such use or uses is/are approved by the planning
and development board. In approving uses in the PID, the planning and development board shall make findings that the use or uses proposed will not be in conflict with the performance
standards listed in Section 4.N. of these zoning regulations, and that the use or uses proposed is/are consistent with the intent and purpose of this section. For the purpose of this
section, educational institution shall mean a public, quasi-public or private facility that offers instruction to students for one (1) or more of the following needs: preschool programming;
tutoring; kindergarten, elementary and secondary grades schooling; higher learning for the purpose of granting degrees in a particular field and occupational or industrial, technical
training. In addition, uses permitted are subject to limitations as follows:
1. Outdoor storage of materials may be permitted based on a finding of the planning and development board that such storage does not exceed fifteen (15) per cent of the total square
footage of the building site and that such storage is screened and fenced to preclude exposure to the public; and
2. Any use approved by the planning and development board for a particular PID which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic
substance, as the same may be defined by 40 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall also
require Fire Department Hazardous Material Disclosure, in accordance with Part II, Section 9-71 of this code.
F. USES PROHIBITED.
1. Residential uses with the exception of accessory hotels or motels. Multi-family and mixed use residential/commercial uses are allowed in PID’s with gross acreage totaling at least
500 acres.
2. Acid manufacture.
3. Cement and/or lime manufacture or processing.
4. Lumber yards.
5. Asphalt and tar plants.
6. Manufacture or storage of explosives.
7. Packing plants, canning plants or slaughter yards.
8. Petroleum storage, refining or transfer.
9. Stockyards.
10. Rendering plants or glue works.
11. Pulp or paper mills.
12. Parking of house trailers and use of such trailers as living quarters.
13. Chemical plants.
14. Fertilizer manufacturing and/or distribution.
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15. Crematoriums.
16. Dyeing plants.
17. Junk and salvage yards.
18. Sanitary landfill operations.
19. Smelting and casting operations (except investment type casting).
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Zoning 39
20. Concrete mixing plants.
G. LOCATIONAL STANDARDS FOR PID’S. In reaching recommendations and decisions as to zoning land to PID the planning and development board and the governing body shall apply the following
locational standards, in addition to the standard’s applicable to the rezoning of land generally:
1. Relation to major transportation facilities. A PID shall be so located with respect to major roadways or other transportation facilities as to provide direct access to it without
creating or generating traffic along streets in residential areas or districts outside it.
2. Extensions of city-maintained waterlines, sewer lines, pumping stations, streets and storm sewers, etc., shall be constructed at no expense to the city and all such construction
shall be in accordance with city ordinances and specifications.
3. Physical character of the site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability
of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern
of use intended.
H. DESIGN CRITERIA.
1. Paving. All paving shall comply with specifications and standards set forth and established by the city engineer.
2. Off-street parking. One and one-half (1-1/2) parking spaces shall be provided for each two (2) employees on a maximum shift. In addition, visitor parking shall be provided which
is deemed adequate to serve the needs of the particular use by the planning and development board.
3. Driveways. In the interest of public safety, no more than two (2) driveways shall be permitted on to any single perimeter public right-of-way, and interior driveways shall be limited
to no more than two (2) per developable parcel and
interior driveways shall be located no closer than one hundred and fifty (150) feet from center line to center line.
4. Hotel and motel density. Permitted density for hotel and motel development shall not exceed twenty (20) units per acre.
5. Utility transmission lines, etc. All utility transmission lines, conduits, conveyances or other devices or apparatus for the transmission of utility services and products, including
all franchised utilities, shall be constructed and installed beneath the surface of the ground with the exception of main overhead feeder lines. Appurtenances to these systems which
require aboveground installation shall be effectively screened, and, thereby, may be excepted from this requirement.
6. Solid waste and refuse disposal. Plans for solid waste and refuse disposal shall conform to and be approved by the city and county health departments.
7. Sanitary sewage system. Sewage system will be furnished and installed in accordance with city standards and other pertinent city ordinances.
8. Public water system for both domestic use and fire protection. Water systems must be installed in accordance with city standards and other pertinent city ordinances.
9. Storm water system. When approved positive drainage is not available, on-site containment of storm water run-off shall be provided by the developer. Details of the on-site system
shall be approved by the city engineer.
10. Access to perform necessary public services. The developer and/or owner shall dedicate to city any easement that city deems necessary for public services and said dedication shall
provide that developer and/or owner shall hold city harmless for any of its acts performed within or abutting said easements if any loss or damage is caused to abutting property.
11. Off-street loading. In no instance
shall off-street loading facilities front on a public right-of-way and in no event shall these facilities be located within eyesight of residential district.
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12. Plot coverage. The gross floor area of the building and its accessory structures shall not exceed sixty per cent (60%) of the plot on which it is constructed.
13. Open space. Each plot to be developed shall contain a minimum of twenty per cent (20%) unobstructed, nonvehicular open space. All open portions of any lot shall have adequate
grading and drainage, and shall be continuously maintained in a dust-free condition by suitable landscaping with trees, shrubs or planted ground cover. The design of such landscaping
and the measures taken to insure its maintenance shall be subject to the approval of the planning and development board.
14. Maximum building height. No building or appurtenances thereof shall exceed forty-five (45) feet in height, with the exception of buildings in Mixed Use POD pursuant to Section
7.P.1.e.1.
15. Distance between buildings. No building shall be constructed closer than twenty-five (25) feet to another principal building on the same lot or parcel of land.
16. District setbacks. Front, thirty (30) feet; side, twenty (20) feet; rear, thirty (30) feet.
17. Peripheral greenbelt. The project area shall be enclosed on all sides with the exception of accessways for traffic and freight by a landscaped area with a minimum width of twenty-five
(25) feet except when such property abuts a residential district such greenbelt shall have a minimum width of forty (40) feet.
It shall be the responsibility of the owner or developer to carry out this requirement, and to provide such maintenance or guarantee of maintenance, subject to planning and development
board.
I. PROCEDURES FOR ZONING LAND TO PID. The procedure for zoning land to the PID classification shall be the same as for zoning land generally. Because of the differences in PID developments
and the concept of unified control in development, the following procedures and
requirements shall apply to applications for zoning to the PID classification in addition to the general requirements.
1. Applications; materials to be submitted. In addition to information required for application for zoning generally, the applicant shall submit the following materials or data:
a. Legal documents assuring unified control of the proposed PID and the agreements required under subsection D.
b. A master site development plan containing:
(1) The title of the project and the names of the professional project planner and the developer;
(2) Scale, date, north arrow, and general location map;
(3) Boundaries of the property involved, all existing streets, buildings, watercourses, easements, section lines and other existing important physical features in and adjoining the
project;
(4) Site plan of locations of land uses including but not limited to industrial areas, greenbelts and proposed rights-of-way;
(5) Master plan showing access and traffic flow; and
(6) Tabulations of total gross acreage in the development and the percentages thereof to be devoted to the various land uses.
c. Repealed by Ord. No. 78-37, § 1.
J. PLANNING AND DEVELOPMENT BOARD FINDINGS. After public hearing, the planning and development board may recommend to the governing body that the PID zoning be granted, subject to
stated stipulations and conditions, or disapproved. In making its recommendations, the planning and development board shall find that the plans, maps, and documents submitted by the
applicant and presented at the public hearing do or do
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not establish that the applicant has met the requirements of subsection I of these regulations applicable to zoning generally, and in addition:
1. The requirements of unified control and agreements set out in subsection D;
2. The locational standards set out in subsection G;
3. The internal PID standards set out in subsection H;
4. The tract for the proposed PID is suitable in terms of its relationships to the city comprehensive plan and that the area surrounding the proposed PID can continue to be developed
in coordination and substantial compatibility with the PID proposed.
K. CONDITIONS AND STIPULATIONS. In recommending zoning of land to PID classification, the planning and development board may recommend and the governing body may attach suitable conditions,
safeguards, and stipulations, in accord with standards set out in these zoning regulations and in this section. The conditions, safeguards and stipulations so made at the time of zoning
to PID shall be binding upon the applicant or his successors in interest. Deviations from approved plans except in the manner herein set out or failure to comply with any requirement,
condition, or safeguard, shall constitute a violation of these zoning regulations. It is intended that no conditions, safeguards or stipulations be required which are not within the
standards set out in these zoning regulations and in this section and that conditions, safeguards, and stipulations be clearly related to the ends and objectives of these zoning regulations
and this section.
L. TIME LIMITATION FOR COMMENCING PLATTING.
a. Following City Commission approval of an application for the zoning of lands to P.I.D., the property owner shall commence platting of the property within eighteen (18) months of
the date of commission approval. For the purposes of this section, the commencement of platting shall mean the filing of a plat by the developer with the city.
b. If platting procedures are not commenced within the eighteen-month time period provided for herein, then the approval of rezoning shall be subject to review by the City Commission.
The commission shall direct staff to submit to the City Commission an application which will down zone the property to the original or appropriate zoning district. Following such direction
by the City Commission, no new development permits affecting the property shall be issued by the city until a final determination is made by the City Commission following notice and
public hearing.
c. Upon written request by the applicant prior to the expiration of the eighteen-month time period provided for herein, the City Commission makes the time period for commencement of
platting procedures by a maximum of twelve (12) additional months. In granting such extension, the City Commission may impose additional conditions as it deems necessary to ensure completion
of the platting process and to conform the project to current development standards or, which are necessary to preserve the health, safety, and welfare of adjacent communities or developments.
d. Nonsubstantial changes in plans as determined by the City Commission shall not extend the time periods provided for herein.
M. PLATTING, SITE DEVELOPMENT PLANS AND BUILDING PERMITS.
1. Platting. Following the zoning of land to PID, plans and engineering drawings shall be submitted to the city in accordance with procedures established in city ordinances. The proposed
plat shall be in substantial compliance with the approved master development plan submitted as part of the application for zoning to PID. Phasing of the development of the PID shall
be permitted if the proposed plats(s) provide for reasonable continued development in accordance with the approved master plan.
2. Site development plans. Site development plans shall be submitted in seven (7) copies along with an application provided by the city planner and a fee as adopted by resolution
of the City Commission. These site development plans shall include but not be limited to the data and materials
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required in Chapter 4 of the Land Development Regulations. Furthermore, these site development plans shall reflect the design criteria cited in subsection H above.
3. Permits. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 5 of the Land Development Regulations are completed in
every respect.
N. PLAN MODIFICATION. Master plans approved during the process of rezoning to PID may be considered for modification upon application to the director of planning and zoning, submission
of acceptable documentation, and payment of the master plan modification fee. The modification will be first reviewed by the planning and zoning department to determine whether the
modification is consistent with not only all current regulations but also the intent and purpose of the comprehensive plan; and to determine whether the change is substantial.
Upon completion of the administrative review, findings will be forwarded to the planning and development board which will review all submitted documents as well as staff comments with
all the authority, functions, powers and duties vested in it by Chapter 1.5, Article I, Section 4 of the Land Development Regulations.
The planning and development board shall recommend to the City Commission that they approve the modification unconditionally, approve the modification with conditions and/or recommendations,
or deny the modification. The board shall also recommend to the City Commission that the modification be considered either major or minor.
Upon completion of the planning and development board review, findings will be forwarded to the City Commission. The City Commission will first determine whether the
modification is major or minor. If the Commission finds the modification to be major, the request will be returned to the applicant for processing as a new zoning application. The
determination of what constitutes a substantial change shall be at the sole discretion of the Commission. If the Commission determines that the modification is minor, it will review
all submitted documents as well
as staff comments and planning and development board recommendations. The City Commission may then approve the minor modification unconditionally, approve the minor modification with
conditions, or deny the minor modification.
Non-substantial (minor) modifications will not extend time limitations for development of property as stipulated in LDR Chapter 2, Section 9, paragraph C13.
O. ZONING ADMINISTRATOR. Building permits. No building permit or certificate of occupancy or zoning compliance shall be issued in or for development in a PID district except in conformity
with all provisions of the zoning to PID classifications and plans submitted under subsection M of these zoning regulations.
P. MIXED USE PODS WITHIN APPROVED PLANNING INDUSTRIAL DISTRICTS. The following criteria shall apply to Mixed Use Pods proposed for development within an approved PID:
1. Mixed Use Pod components and definition.
a. For the purpose of this subsection, a Mixed Use Pod is defined as a development project located entirely within a previously approved PID which, when complete, will have all of
the following uses:
1) Multi-family residential.
2) Commercial/retail.
3) Office and 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.
b. Definitions.
1) Master Site Plan. Master Site Plan is the conceptual plan for the entire Mixed Use Pod with which individual technical site plans and buildings as processed by the Technical
Review
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Committee (TRC) are to be consistent. Plan requirements of Master Site Plans are defined herein.
2) Technical Site Plan. Technical Site Plans are development plans for one or more lots submitted in compliance with Chapter 4, Section 7, (A. through G.) and Section 8. Prior to
approval of the Master Site Plan, technical site plans may be reviewed by 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 the tabular data those specific elements of the plan requiring waiver approval.
c. Permitted uses. Allowed uses in the Mixed Use Pod shall be limited to those conditional and permitted uses in the C-1 and C-2 zoning districts and the permitted uses in the C-3
zoning district along with the following additional uses and provisions:
1) Offices only, for the sale of new or used vehicles and boats;
2) Automobile wash estab-lishments if accessory to a principle use;
3) Retail sales of hardware and building materials as described in the Land Development Regulations, Chapter 2, Section 6.C.1. "i" and "aa" and Section 6.D.1."f" (excluding item
14) and including upholstery supplies, and 6.D.1."h" (not limited to the 2,000 square foot maximum) up to 10,000 square feet; wholesale of these goods or retail sales uses in excess
of 10,000 square feet, and wholesale of similar goods regardless of floor area shall require conditional use approval;
4) Mini/self-storage uses intended to serve a mixed-use project excluding all exterior signage except for identification signage not in excess of 3 square feet;
5) Outdoor display of merchandise during business hours only; and
6) Any use not specifically listed herein that is deemed consistent with these provisions and reviewed consistent with the process described below.
d. Uses prohibited. Prohibited uses shall be limited to those uses listed as prohibited in the PID regulations, with the addition of adult entertainment uses; conditional uses as
indicated in the C-3 zoning district regulations; driveup, drive-in, and drive-through features except on financial institutions; and outdoor storage excluding outdoor display of goods,
except where specifically permitted in the above section.
The approval of uses in a Mixed Use Pod shall be processed in conjunction with the review of each technical site plan, except conditional uses shall require Commission approval. In
the event a use is proposed that is not listed under the allowed uses or the prohibited uses, the Development Director or his/her designee may approve the use administratively as part
of the site plan approval process if the use is determined consistent with the intent and purpose of the mixed use development. If the Director denies the use, the applicant shall have
the right to appeal the decision directly to the City Commission as provided in paragraphs 7. and 8. hereafter.
e. 1) Maximum building height. The maximum building height within a Mixed Use Pod shall not be greater than seventy-five (75) feet. Any building exceeding forty-five (45) feet in
height shall be processed as a conditional use.
2) Building height measure-ment. Building height shall be measured from the lowest finish floor slab elevation of the proposed building to the peak of the structure, including any
architectural details, stairwells, elevator shafts, etc.
3) Height setback envelope. Minimum building setbacks shall be based on building heights for buildings greater than forty-five (45) feet in height. The height setback envelope
is applicable where the Mixed Use development is adjacent to an existing developed single-family residential zoning district outside the PID. This minimum setback shall be three (3)
times the building height for any multi-family or nonresidential structure. The setback shall be measured from the common boundary of the PID and the existing single-family residential
zoning district of the midpoint of any intervening right-of-way.
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2. Design standards for all components of Mixed Use Pods shall be as set forth herein below. Review and approval of a Mixed Use Pod shall be conducted by review and approval of a
master site plan for the Mixed Use Pod (hereafter "Master Site Plan") pursuant to the Technical Review process as set forth in Chapter 4, LDR. Notwithstanding the provisions of Chapter
4 to the contrary, the submission requirements for the Master Site Plan are as follows:
a. A sealed survey not older than six months showing all adjacent streets, alleys and driveways, and also illustrating:
1) Existing natural features.
2) Existing buildings and structures, including use, height, dimensions and setbacks.
3) Existing utility lines and all easements.
4) Existing elevations (corder, street and finished floor).
b. A scaled Master Site Plan illustrating:
1) Proposed buildings and other structures, and any existing buildings and structures which are to be retained, including use, height, dimensions and setbacks.
2) Proposed off-street parking spaces, driveways and sidewalks, including location, dimensions and setbacks.
3) Proposed fences and walls, including location, dimensions, setbacks, height and material.
c. A Landscape plan including the following:
1) A separate scaled drawing (at the same scale as the site development plan) illustrating general location of trees, shrubs, grass and other vegetation.
2) Proposed berms, water-courses and other topographic features.
3) A notation on method of irrigation.
d. Architectural design standards showing the following:
1) Design themes to be followed, including materials.
2) Building colors and color pallet options for accessory design elements.
3) All building and structure maximum heights, plus height of mechanical equipment.
4) Color elevation renderings depicting representative design concepts applicable to all structures.
e. A Tabular summary containing:
1) Total gross project area by acreage and square footage and net buildable land area in acres and square feet.
2) Total number of proposed residential units, which shall not be less than 750 square feet per unit, unless a waiver is obtained as provided in paragraph 3) below.
3) Proposed nonresidential floor area by type of use and total gross square footage.
4) Number and ratio of off-street parking spaces and depiction of loading areas.
5) Water bodies in acres and square feet.
6) Height of buildings.
7) Land use/traffic trip generation summary.
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8) List/description of each waiver request for flexibility of development regulations.
9) The minimum and maximum number of residential units, the minimum and maximum number of total square footage of each component of non-residential uses, and the initial proposed
numbers for each component.
f. An engineers drainage statement.
g. A proposed sign program for free standing signs showing maximum dimensions, graphic provisions, materials and lettering type.
3. Waiver of standard zoning regulations allowed. In conjunction with the approval of the Master Site Plan, or a technical site plan reviewed by the City Commission, the City Commission
may waive or modify the standard zoning regulations for the following:
a. Building setbacks.
b. Drive aisle widths and parking dimensions.
c. Perimeter buffer widths.
d. Type and size of dwelling units.
e. Parking space requirements.
f. Internal landscape requirements.
g. Other waivers to development regulations, except for height, which requires an enabling Ordinance, as approved by the City Commission.
The applicant shall justify each waiver request in writing as part of the Master Site Plan application. The nature of the request, the extent from which it departs from the standard
regulation, and the basis for
which it is sought shall be documented. Additional documentation acceptable to the City, such as shared parking studies or parking studies justifying a reduction request, may be requested
by the city for
their use in analyzing the waiver requests. These approved waivers shall apply to individual Technical Site Plans. Master site plans and technical site plans, or amendments to same,
which contain waiver requests shall be subject to the public notification requirements applicable to a zoning code variance.
4. Following approval of the Master Site Plan for a Mixed Use Pod, subsequent modification of such Master Site Plan shall be subject to the review/approval rules as follows. City Commission
approval is required for proposed changes which violate the project’s previously approved minimum or maximum square footage of non-residential use, increases in height above that which
has been approved by the Master Site Plan, increases in the maximum number of residential units as indicated on the Master Site Plan, elimination of principle open spaces and principle
pedestrian plazas, changes to approved architectural design standards whereby proposed architectural design standards are inconsistent with approved architectural design standards, or
increases in degree of approved waivers. All other revisions to the Master Site Plan including, but not limited to the relocation of approved square footage conversion of square footage
from one component to another (e.g. commercial to office) and conversion from one use to another shall follow the technical review committee portion of the site plan review process except
where stated herein.
5. Technical Site Plans review and modification.
a. Following approval of a Mixed Use Pod Master Site Plan, subsequent site plan approval of all individual components of the Master Site Plan (Technical Site Plans) shall be submitted
to the Development Director or his/her designee. The contents of such submittal shall conform to the site plan requirements set forth in LDR, Chapter 4. The Development Director or his/her
designee shall determine in writing within fifteen (15) business days of said submittal, whether the submittal is consistent with the Master Site Plan, and if found inconsistent, shall
specify the inconsistency. If determined to be consistent with the Master Site Plan, the final review and approval shall be through the TRC review portion of the Site Plan review process
for determining compliance with the LDR. A site plan submitted for
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review which is determined, by the Development Director or his/her designee, to be inconsistent with the Master Site Plan shall be processed in accordance with the standard procedures
set forth in LDR, Chapter 4, subject to applicant’s right to appeal such determination in accordance with provisions set out in paragraphs 7. and 8. hereafter or to amend and resubmit
such site plan for reconsideration by the Development Director or his/her designee.
b. Following approval of a Technical Site Plan, subsequent modifications of such Technical Site Plan, which are consistent with the Master Plan, shall be subject to the review/approval
rules applicable to minor/major site plan modifications as set forth in LDR, Chapter 4, Sec. 9, subject to the following. If determined to be a major modification it shall be processed
in accordance with the provisions of 5.a. above. The processing and approval of any amendment to the Master Site Plan required as a result of the modifications to a Technical Site Plan
shall be processed along with, and in the same manner as, the processing of the modifications to the Technical Site Plan, unless the provisions of paragraph 4. above would require City
Commission approval.
6. Within ten (10) business days following TRC review of a major modification of the Master Site Plan, the review of a Technical Site Plan, or review of a modification of a Technical
Site Plan, the Development Director or his/her designee, shall issue a development order, incorporating the findings of the TRC, which shall either approve the submittal as submitted,
approve the submittal with conditions, or deny the submittal. Once a development order is issued, the five (5) day review period has elapsed, and all conditions have been satisfied,
individual buildings may be permitted individually. Buildings permitted strictly through the permitting process may not exceed the building envelope as shown on the approved Technical
Site Plan.
7. The applicant, or any aggrieved or adversely affected party (as that term is defined by and interpreted under F.S. § 163.3215) may request review of the development order, or of
a determination by the Development Director or his/her designee of inconsistency, or denying a proposed unlisted use, by the City Commission. The request for review shall be in writing
and filed with the City
Clerk within five (5) business days following issuance of the order. No development order shall be final until expiration of the five (5) day request for review period if no request
for review is made, or the City Commission’s disposition of the matter if a request for review is made.
8. The City Commission shall conduct a quasi-judicial review at a public hearing within 30 business days of the filing of the request for review. Following review, the City Commission
shall:
a. Approve the Development Order, or
b. Modify the Development Order, or
c. Deny the Development Order. The decision of the Commission shall be treated as final at the conclusion of the voice vote on the agenda item under consideration, notwithstanding
later issuance of a written order. The minutes of the Commission meeting shall be conclusive evidence of the action of the Commission. Review of final action by the Commission shall
be by Writ of Certiorari to the Circuit Court.
9. Expiration of approved plans. Approved Master Site Plans as described herein shall remain valid indefinitely. Approved Technical Site Plans shall remain valid for a period of two
(2) years pursuant to the terms listed in Chapter 4, Section 5.
(Ord. No. 96-51, § 4, 1-21-97; Ord. No. 00-03, §§ 1, 2, 3-21-00; Ord. No. 00-52, § 1, 10-17-00; Ord. No. 02-017, § 1, 4-16-02; Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 04-027, § 5,
4-20-04; Ord. No. 05-023, § 2, 6-21-05)
Sec. 8. M-1 industrial district regulations and
use provisions.
A. M-1 INDUSTRIAL DISTRICT.
1. Permitted uses, no distance requirement. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered or used, in whole
or in part, for other than one or more of the following specified
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uses; provided, however, that any use or process that would be subject to a minimum distance requirement under Section 8.A.2., would require conditional use approval under Section 8.A.4.,
or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. No distance requirement other than district setback regulations
shall apply for the following uses:
a. Manufacturing, fabrication, and processing as follows:
(1) Bakery products.
(2) Ice and dry ice.
(3) Textile products, apparel, and clothing accessories, manufactured from purchased fabric and materials, excluding spinning, weaving, knitting, dyeing, or treating of textile mill
products.
(4) Sailmaking and canvas goods, including retail sale of goods manufactured on premises.
(5) Leather cutting and stamping; fabricated leather products.
(6) Furniture, cabinets, and wood fixtures, with gross floor area of shop not greater than two thousand (2,000) square feet.
(7) Blind, shutter, shade, and awning fabrication from wood, plastic, fabric, canvas, or finished metal pieces.
(8) Converted paper and paperboard products, limited to cutting, stamping, folding, laminating, lining, coating, and treating of purchased paper, paperboard, foil, sheet, or film
materials.
(9) Stone cutting and finishing.
(10) Statuary, ornaments, and art goods.
(11) Glass and glass products.
(12) Ceramic, pottery, and porcelain products, using only previously pulverized clay, and using kilns fired only by electricity or gas.
(13) Investment casting.
(14) Machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and materials.
(15) Electrical and electronic goods, limited to assembly of parts and materials.
(16) Plastics, rubber, or fiberglass products, limited to cutting and assembly of parts and materials.
(17) Precision instruments, optical equipment, photographic equipment, and clockwork devices.
(18) Medical and dental equipment.
(19) Household goods and other small items such as jewelry, lapidary goods, personal articles, toys, amusement devices, sporting goods, musical instruments; stationary, office, and
art supplies; advertising specialties, novelties, ornaments, notions, cookware, and flatware.
(20) Fruit packing and shipping.
(21) Artist and craftsman shops, excluding retail display or sales on premises.
b. Commercial services as follows:
(1) Industrial, commercial, office and professional equipment; service, repair, and rebuilding, excluding uses specifically prohibited in Section 8.A.5.
(2) Household goods; service, repair, and rebuilding, excluding display or sale of any new, used, or rebuilt merchandise at retail
on premises, unless specifically allowed in accordance with Sections 8.A.1., 8.A.2., 8.A.3., or 8.A.4.
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(3) Furniture and antique upholstery, covering, and repairing.
(4) Steam and pressure cleaning services.
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(5) Septic tank, sewer, and drain cleaning and repair services, excluding storage, treatment, transfer, dumping, or disposal of waste on premises, provided that trucks used for the
transport of waste shall be parked and stored in conformance with the minimum distance requirement specified in Section 8.A.2.
(6) Packaging and labeling services, excluding handling of materials prohibited in Section 8.A.5.
(7) Lawn, garden, and tree maintenance services; landscaping contractors.
(8) Recording and motion picture studios.
(9) Catering and food services.
(10) Data processing services.
(11) Research and development laboratories, excluding treatment, storage or processing of human or animal bodies or body parts.
(12) Commercial testing laboratories.
(13) Medical and dental laboratories, excluding treatment, storage or processing of human or animal bodies or body parts.
(14) Upholstery and carpet steam cleaning businesses.
(15) Towing companies with exterior storage.
(16) Vegetation recycling as a conditional use to a solid waste operating and recycling facility.
c. Storage, distribution, and wholesale uses; retail display and sales shall be prohibited unless specifically allowed in Sections 8.A.1., 8.A.2., or 8.A.3.
(1) Warehouses, self service storage facilities (mini-warehouses) in accordance with Section 11.0 storage lockers, and cold storage, excluding uses specifically prohibited in Section
8.A.5.
(2) Industrial, commercial, office, professional, and business machinery, equipment, fixtures, tools, and supplies, excluding uses specifically prohibited in Section 8.A.5.
(3) Household goods; storage, wholesale and distribution only; retail display or sales shall be prohibited unless specifically allowed in accordance with Sections 8.A.1., 8.A.2.,
8.A.3., or 8.A.4.
(4) Building materials, home improvement stores, lumber, door and window hardware, shades, shutters, blinds, and awnings; fencing, roofing, flooring, carpeting, tile, hardware, tools,
paint, wallpaper, shelving, cabinets, furniture, partitions, kitchen and bathroom fixtures, pools and spas, glass and mirrors, plumbing and electrical supplies, and the like, including
retail sales.
(5) Finished concrete, brick, clay, and stone building and paving materials; sewer and water pipe, and culvert; storage, distribution, wholesale or retail sales.
(6) Pumps, generators, motors, fire protection equipment, and irrigation equipment, including retail sales.
(7) Heating, cooling, ventilating, refrigeration, solar energy, water conditioning and heating systems and equipment, and major appliances, including retail sales.
(8) Pre-fabricated sheds, including retail sale.
(9) Nurseries, greenhouses, lawn and garden equipment, tools, and supplies, including retail sale.
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(10) Monuments and grave-stones, including retail sales.
(11) Feed and farm supplies, excluding uses specifically prohibited in Section 8.A.5.
(12) Trucks, buses, farm equipment, construction machinery, and utility trailers, including retail renting and sales.
(13) Passenger vehicles, boats and pickup trucks, excluding any retail sales or display, and excluding the keeping of vehicles in violation of Chapter 10, Article III of the City
of Boynton Beach Code of Ordinances.
(14) Automobile, vehicle, and boat parts, accessories, furnishings, and supplies; retail sales or display shall be prohibited as a principal use and shall be permitted only as an
accessory use to repair, service, rebuilding, or installation services, where such services lawfully exist.
(15) Mobile homes, limited to areas west of Interstate 95.
(16) Ice and dry ice, including retail sales.
(17) Live fish.
d. Transportation, communication, utilities, and miscellaneous uses as follows:
(1) Utilities, communications facilities, government, and public utilities shops and storage areas, police and fire stations, excluding uses specifically prohibited in Section 8.A.5.
(2) Package express and messenger service.
(3) Railroad switching yards, freight stations and terminals, storage facilities, and shops.
(4) Recycling pick-up facilities for paper, glass, and cans from households.
(5) Trade and industrial schools.
(6) Radio or microwave receivers or transmitting towers, as an accessory use to a lawful principal use.
(7) Ambulance dispatch service.
(8) Community centers, operated by non-profit organizations, provided that no more than 40% of the floor space is devoted to office use.
(9) Gymnastic centers.
e. Any commercial use which is not specifically listed as a permitted or conditional use in any other zoning district, and which is not listed as a prohibited use in the M-1 Zoning
District.
2. Permitted uses subject to distance requirement. Within any M-1 industrial district, no building, structure, land, or water, or any part thereof shall be erected, altered, or used,
in whole or in part for any of the following uses, unless a minimum distance of three hundred (300) feet is maintained between the use and residential-zoned property. Said distance
shall be measured along a straight airline route from the property line of residential-zoned property to the building or portion of the lot where the specified use is located, except
that those portions of the lot or structure which are located within the minimum distance may be used for lawful uses other than the uses listed below, subject to district building and
site regulations.
Any use or process that would require conditional use approval under Section 8.A.4. or would be prohibited under Section 8.A.5. shall fully comply with the provisions of those sections,
where applicable.
a. Manufacturing, fabrication, and processing as follows:
(1) Plastic products, limited to forming of plastics materials, including compounding of resins.
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(2) Rubber products, limited to forming of rubber materials; excluding tire and innertube manufacturing and rubber reclaiming.
(3) Machine shops, welding and metalworking shops, tinsmiths, sheet metal fabrication, blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other
forming of metals as either a principal or accessory use.
b. Other uses as follows:
(1) Asphalt paving, patching, roofing, and sealcoating, excluding asphalt and tar plants.
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Zoning 45
(2) Building cleaning and janitorial services; swimming pool maintenance services.
(3) Sandblasting on premises.
(4) Bulk storage, distribution, wholesale or retail sale of topsoil, lime, gravel, limerock, shellrock, coal, minerals, crushed rock, sand, cinders, fertilizer, and the like, limited
to an accessory use to a building materials store, garden shop, nursery, contractor, or other lawful principal use.
(5) Trucking and transfer, and moving operations.
(6) Contractors, operative builders, and trade contractors shops and storage areas.
(7) Parking or storage of trucks used for the transport of septic tank waste or other liquid wastes.
(8) Adult entertainment establishments, in accordance with Section 11.M.
3. Any use which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations,
Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with Part
II, Section 9-71 of this code.
a. Manufacturing, fabrication, and processing as follows:
(1) Dairy products.
(2) Canned, frozen, or preserved food.
(3) Beverages and bottling.
(4) Confections.
(5) Prepared meat, seafood, and poultry products.
(6) All other food products, not specifically permitted in Section 8.A.1. or prohibited in Section 8.A.5.
(7) Furniture, cabinets, and wood fixtures, with gross floor area of shop of greater than two thousand (2,000) square feet.
(8) Printing, publishing, bookbinding, engraving, and allied industries.
(9) Pharmaceuticals and biological products.
(10) Cosmetics.
(11) Plastics products, limited to forming of plastics materials, including compounding of resins, where such uses would be established within the minimum distance requirement specified
in Section 8.A.2.
(12) Rubber products, limited to forming of rubber materials, and excluding tire and innertube manufacturing and rubber reclaiming, where such uses would be established within the
minimum distance requirement specified in Section 8.A.2.
(13) Fiberglass fabrication and repair, including fiberglass boat fabrication and repair.
(14) Machine shops, welding and metalworking shops, tinsmith, sheet metal fabrication, and blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or
other forming of metals as either a principal or
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accessory use, where such uses would be established within the minimum distance requirement specified in Section 8.A.2.
(15) Electrical and electronic goods involving processes other than assembly of parts or materials.
(16) Vehicles, transportation equipment, and boats; farm and construction machinery.
(17) Mobile homes, provided that such uses shall be located west of Interstate 95.
(18) Plated ware manufacture; industrial electroplating and anodizing as either a principal or accessory use; replating shops.
(19) Chemical cleaning and etching of metals, limited to an accessory use to a lawful principal use only.
b. Commercial services and contractors, as follows:
(1) Concrete contractors and pumping service, excluding concrete plants.
(2) Contractors, operative builders, and trade contractors shops and storage areas, where such uses would be established within the minimum distance requirement specified in Section
8.A.2.
(3) Automobiles, buses, trucks, and other motor vehicles; construction and farm equipment; service, repair, rebuilding, and storage, excluding the keeping of vehicles in violation
of Chapter 9, Article III, of the City of Boynton Beach Code of Ordinances, and excluding automobile service stations selling motor fuels at retail.
(4) Boat storage, service, repair, rebuilding, and customizing.
(5) Furniture cleaning, stripping, and refinishing.
(6) Exterminating, fumigating, and disinfecting services.
(7) Print shops, photographic laboratories, commercial photography, commercial art, silkscreening, lithography, typesetting, and blueprinting services.
(8) Uniform, towel, and linen supply services; industrial launderers; laundry and dry-cleaning plants, excluding retail pickup and drop-off on premises; carpet and rug cleaning plants.
(9) Tire recapping.
(10) Building cleaning and janitorial services and swimming pool maintenance services, where such uses would be located within the minimum distance requirement specified in Section
8.A.2.
c. Storage, distribution, wholesale, and other uses, retail display and sales shall be prohibited unless specifically permitted below or elsewhere in this section.
(1) Petroleum and petroleum products, including solvents and liquified petroleum gas; bulk or nonbulk storage, sales, or distribution.
(2) Chemicals, pesticides, and herbicides, excluding bulk storage, bulk sales, or bulk distribution.
(3) Bulk or nonbulk wholesale or retail sale of solvents and cleaning preparations, including formulating of cleaning preparations for sale on premises.
(4) Industrial and medical gases; bottled or bulk storage, sales or distribution, excluding chlorine, fluorine, ammonia, hydrogen sulphide, sulphur dioxide, or toxic gases.
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(5) Temporary amusement parks and rides, fairs, carnivals, circuses, and revivals, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector
or arterial road and the major access thereto, and that the duration of any such use shall not exceed fourteen (14) consecutive days within any one-year period.
4. Conditional uses. Within any M-1 industrial district, no building, structure, land or water, or any part thereof shall be erected, altered, or used, in whole or part, for one or
more of the following uses, unless a conditional use approval is secured according to the standards and procedures set forth in Section 11.2 of these zoning regulations; provided, however,
that any use or process that would be subject to a minimum distance requirement under Section 8.A.2. or would be prohibited under Section 8.A.5., shall fully comply with the provisions
of those sections, where applicable.
a. Millwork and truss plants, provided that such uses conform to the minimum distance requirement specified in Section 8.A.2.
b. Commercial television, radio and microwave broadcasting or relay towers.
c. Arenas, stadiums, frontons, convention and exhibition halls, and racetracks, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector
or arterial road, and shall have the major access thereto.
d. Helistops, limited to an accessory use to a lawful principal use.
e. Cutting of sub-primal portions of meat and pre-cut poultry into serving portions including packaging and shipping where pre-cut portions (entering the facility) will not exceed
10 pounds and waste generated will not exceed 1% of pre-cut product.
f. Dance instruction.
g. Medical or scientific research which involves the use, treatment, storage or processing of human or animal bodies or body parts.
h. Carwashes.
5. Prohibited uses. Within any M-1 industrial district, no building structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part, for any
use not specifically allowed in accordance with Sections 8.A.1., 8.A.2., 8.A.3., or 8.A.4. of these zoning regulations, or for any of the following expressly prohibited uses:
a. Manufacturing, fabrication, processing, and extraction as follows:
(1) Grain and feed products; crop processing.
(2) Vegetable fats and oils.
(3) Distilling and brewing.
(4) Seafood processing.
(5) Slaughtering and rendering of meat and poultry processing, and dressing, from carcasses.
(6) Stockyards and feeding pens; keeping, raising, or slaughter of livestock, horses, or poultry.
(7) Rendering of animal or marine fats, oils, and other products; use of unprocessed bones, fat, hooves, horns, or other unprocessed animal products for the production of glue, soap,
lard, oils, or fertilizer.
(8) Sugar processing and refining.
(9) Commercial production of field or tree crops.
(10) Leather tanning, curing, finishing, and coloring; storage of raw hides or skins.
(11) Tobacco processing and tobacco products manufacturing.
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(12) Weaving, spinning, knitting, dyeing, or treating of textile mill products.
(13) Pulp mills; paper and paperboard mills; converted paper and paperboard products not specifically permitted in Section 8.A.1.a.(8) of these zoning regulations.
(14) Chemicals and allied products not specifically allowed elsewhere in this section.
(15) Wood preserving, pressure treating, and drying.
(16) Fertilizer, pesticides, herbicides, and agricultural chemicals.
(17) Explosives, ammunition, matches, and fireworks.
(18) Petroleum refining.
(19) Petroleum, asphalt, tar, and coal products.
(20) Plastics, manufacturing of resins, primary plastics materials, synthetic rubber, cellulose, and synthetic fibers.
(21) Rubber, manufacture of primary rubber materials, tires and innertubes, and rubber reclaiming.
(22) Soaps, detergents, and cleaning preparations, other than mixing or blending.
(23) Paints, varnishes, lacquers, enamels, and allied products, other than mixing or blending.
(24) Cement, concrete, gypsum, lime, and plaster manufacture, and products made therefrom, other than those uses specifically permitted in Section 8.A.1.a.
(25) Brick, firebrick, terra cotta, clay pipe, structural clay tile, and refractories.
(26) Asbestos products.
(27) Processing of rock, sand, gravel, shellrock, limerock, mineral earths, and the like.
(28) Primary metals
manufacturing; smelting, refining, mills, furnaces, and foundries, except as specifically allowed in accordance with Sections 8.A.1., 8.A.2., or 8.A.3.
(29) Drop forging.
(30) Chemical cleaning or etching of metals as a principal use, or any chemical descaling of metals.
(31) Coal or coke fired kilns and furnaces; coke ovens.
(32) Mining or quarrying, including removal of rock, sand, muck, marl, soil, gravel, or shellrock, except as incidental or necessary for construction on the premises.
(33) Aerosol filling and packaging.
(34) Liquid, oil, or chemical electric transformers, manufacture or rebuilding.
b. Storage, distribution, wholesale, retail, and services, as follows:
(1) Any retail display or sale, not specifically allowed elsewhere in this section.
(2) Farmers’ markets.
(3) Flea markets, sales bazaars, swap shops, trading posts, and the like; sale
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or display of used retail merchandise, other than completely rebuilt or refinished merchandise where such uses would be allowed in accordance with Section 8.A.1.
(4) Crematoriums and the like.
(5) Explosives, ammunition, matches, and fireworks.
(6) Bulk storage, bulk distribution, or bulk sale of chemicals and allied products.
(7) Compressed chlorine, fluorine, ammonia, hydrogen sulphide, sulfur dioxide, or toxic gases.
(8) Bulk storage, bulk sale, or bulk distribution of pesticides, herbicides, or agricultural chemicals.
(9) Offices or restaurants, except as an accessory use to a lawful principal use.
(10) Agricultural fertilizing, and chemical pest, disease, weed, or soil treatment services.
(11) Truck stops or automobile service stations.
(12) Boarding kennels; guard dog kennels and training services.
(13) Any open storage or display, unless adequately screened, except that growing plants which are stored or displayed shall not require screening. Any exterior storage of motor
vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use allowed elsewhere in this section, and shall be adequately screened. Furthermore,
the open storage of farm tractors and implements, shovels or cranes, and special mobile equipment as defined by Section 316.003, Florida Statutes shall be adequately screened.
c. Transportation, communication, utilities, and miscellaneous uses as follows:
(1) Chemical and toxic waste storage or disposal; tank truck cleaning.
(2) Land fill operations.
(3) Airports, airfields, and landing strips.
(4) Heliports.
(5) Residences and trailer parks; use of vehicles or house trailers as living quarters.
(6) Storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials, except as specifically allowed elsewhere in this section.
(7) Recycling sorting or processing facilities.
(8) Animal disposal facilities.
(9) Incinerators of any type.
6. Building and site regulations:
Minimum lot area 10,000 square feet
Minimum lot frontage None
Minimum front yard 15 feet*
Minimum side yard
(interior) 15 feet one side
Minimum side yard
(corner) 15 feet street side
Minimum rear yard 20 feet**
Maximum lot coverage 60 percent
Maximum height 45 feet, not to
exceed 4 stories
*Except where rear of the lot abuts a paved alley or street, then no side setback shall be required.
**Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (10) feet.
Note: Where lots abut a residential area, the corresponding side and/or rear setback shall be a minimum of thirty (30) feet.
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All necessary roof-mounted mechanical equipment shall be sound baffled.
7. Off-street parking. As provided in Section 11.H. hereinafter.
(Ord. No. 95-23, § 1, 8-15-95; Ord. No. 95-24, § 4, 8-15-95; Ord. No. 96-03, § 1, 3-19-96; Ord. No. 00-04, §§ 1, 2, 4-4-00; Ord. No. 00-34, § 1, 7-18-00; Ord. No. 01-57, § 2, 11-20-01;
Ord; No. 04-002, § 2, 3-16-04; Ord. No. 04-027, § 6, 4-20-04; Ord. No. 05-015, §§ 2, 3, 3-1-05; Ord. No. 05-024, § 2, 6-21-05)
Sec. 8.5. Overlay zones.
A. MARTIN LUTHER KING BOULEVARD OVERLAY ZONE.
1. General. With the completion of the Vision 20/20 Redevelopment Plan, the City identified a segment of the Martin Luther King Boulevard as an area in need of redevelopment and revitalization.
This section is created to implement the development and design recommendations in the Redevelopment Plan intended to create a traditional street corridor with pedestrian improvements,
storefronts along the sidewalk, and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance, potted landscaping, store windows
and public open spaces. All development within the Martin Luther King Boulevard corridor shall occur according to the provisions of the adopted plan as stated below.
2. Defined. The Martin Luther King Boulevard Overlay Zone is hereby established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest
Boulevard and west of Federal Highway right-of-way, along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and development
as a unified project.
3. Permitted uses. As currently defined in Chapter 2(5)(G) and Chapter 2(6)(B).
4. Prohibited uses. Reserved
5. Development standards.
a. Parcels that have frontage along Martin Luther King Boulevard shall have a minimum front setback of 3 feet and a maximum front setback of 12 feet.
b. Minimum side setback from interior lot lines shall be 5 feet, and a minimum of 3 feet and a maximum of 12 feet from corner lot lines.
c. Maximum building height shall be 30 feet and subject to other provisions of Chapter 2(4)(F).
d. Lot regulations stated within Chapters 2(5)(G) and 2(6)(B) except where superseded by the regulations stated herein.
6. Signs. Reserved
7. Design Standards. Reserved
8. Landscaping. Reserved
9. Parking.
a. Parking space requirements shall be calculated in accordance with Section 11.H.16 of these zoning requirements, and shall be reduced by fifty percent (50%);
b. Required parking spaces shall be owned or leased within one thousand (1,000) feet of the building to be served.
(1) The distance requirements shall be a straight line measurement from a point on the boundary line of the property that is the subject of the application to the closest boundary
line of the property on which the leased parking is located.
(2) The property that is the subject of the application shall be posted with signage indicating to patrons the location of the off-site parking.
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c. Lease arrangements to provide required parking spaces shall be subject to approval by the Community Redevelopment Agency.
B. URBAN COMMERCIAL DISTRICT OVERLAY ZONE.
1. Intent and purpose. The purpose of this zone is to encourage the development and redevelopment of commercially-zoned parcels in a manner consistent with the pattern of development
of parcels with Mixed-Use zoning classifications.
2. The objectives of this overlay zone are as follows:
a. Support and enhance revitalization efforts along the city's commercial corridors within the redevelopment areas.
b. Improve aesthetic and pedestrian streetscape environments by preventing the placement of off-street parking between the front of the building(s) and the rights-of-way.
c. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the defined area.
3. Defined area. The Urban Commercial District Overlay Zone is established in the city redevelopment plans as the geographical area defined by the following boundaries:
a. Federal Highway Corridor Community Redevelopment Plan. The boundary is the city limits to the north, the Intracoastal Waterway to the east, the city boundary to the south, and
the Florida East Coast Railroad (F.E.C.) and Palm Boulevard (Northeast 4th Street) to the west. The legal description is more particularly described in Exhibit 1.1, Appendix of the Federal
Highway Corridor Community Redevelopment Plan.
b. The Ocean District Community Redevelopment Plan. The boundary is Northeast 3rd Avenue to the north, Seacrest Boulevard to the west,
F.E.C. Railroad to the east, and Southeast 2nd Avenue to the south.
c. Boynton Beach Boulevard Corridor Plan. The boundary is the commercially-zoned parcels located along west Boynton Beach Boulevard, east of Interstate 95, and west of Seacrest Boulevard.
4. Development standards.
a. Parcels shall have the following setback requirements:
Front yard five (5) feet to fifteen (15) feet
Side (interior) yard zero (0) feet to fifteen (15) feet
Side (corner) yard ten (10) feet to fifteen (15) feet
Rear yard shall be defined by the applicable zoning district regu
lations;
b. Maximum building height shall be defined by the applicable zoning district regulations;
c. Maximum lot coverage for building(s) shall be 40 percent;
5. Landscape requirements. Foundation landscaping and trees shall be installed within the reduced building setback areas, between the building(s) and property line(s), particularly,
where adjacent or visible from public and/or private rights-of-way.
(Ord. No. 00-30, § 1, 6-20-00; Ord. No. 02-014, § 1, 4-16-02; Ord. No. 05-029, § 2, 8-2-05)
Sec. 9. Administration and enforcement.
A. BUILDING PERMITS REQUIRED. No structure or building shall hereinafter be erected or structurally altered until a building permit has been issued by the development director. All
buildings, structures, and uses of land shall comply with the regulations of this ordinance and with all applicable building and health laws and ordinances. Each application for a building
permit shall be accompanied
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by a survey in duplicate, drawn to scale, showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered,
its location on the lot or lots, and such other information as may be required as to provide for the enforcement of these regulations.
B. CERTIFICATE OF OCCUPANCY. No building or structure hereafter erected or structurally altered shall be issued a certificate of occupancy until the development director makes a finding
that the building or structure has been erected or structurally altered in conformance with the provisions of this ordinance, and of all other applicable ordinances.
C. COMPREHENSIVE PLAN AMENDMENTS: REZONINGS.
1. Intent. These zoning regulations may from time to time be amended, supplemented, or repealed. It is the intent of this subsection that the planning and development board serve
as an advisory body to the City Commission with respect to such amendments, in the manner herein set forth. All proposed amendments shall be evaluated by the planning department, planning
and development board, and City Commission for consistency with the comprehensive plan and shall not be approved unless found to be consistent with the comprehensive plan. It is also
the intent of this subsection that all rezoning shall be in accordance with and serve to implement the Local Government Comprehensive Planning and Land Development Regulation Act. It
is intended that the applicant for a rezoning provide information which is sufficient to determine whether the proposed rezoning is consistent with the comprehensive plan. It is further
the intent of this subsection that, pursuant to Sections 163.3194, 163.3197, 163.3201, 163.3202, Florida Statutes, the materials submitted by the applicant may be imposed by the City
Commission as requirements or limitations with regard to subsequent development of the property, and that the City Commission may impose any other requirements or limitations, in order
to ensure that development of the property is consistent with the comprehensive plan, and ensure that impacts created by the development are mitigated. This subsection shall apply to
all rezoning applications, and all revised master plans in the case of planned zoning districts, which are
submitted after the effective date of the ordinance containing this subsection.
2. General procedures.
a. Applications for amendments to the official zoning map shall follow the procedure set forth in paragraph 3 through 15 below, with the following exceptions:
(1) Where an ordinance to rezone is initiated by the city pursuant to adoption of the comprehensive plan in its entirety, an entire plan element, or an evaluation and appraisal report
the following exceptions shall apply:
(a) Where the ordinance to rezone would cover a total area exceeding five (5) percent of the area of the city, only the requirements set forth in paragraphs 3., 4.a.(4), 4.a.(5),
4.a.(6), 6., 8.a., 9., 10., 12., 14., and 15. shall apply; however where the ordinance to rezone should cover a total area exceeding five (5) percent of the area of the city and is accomplished
through the adoption of a new official zoning map, the requirements of paragraphs 4.a.(4), 4.a.(5) and 4.a.(6) shall not apply.
(b) Where the ordinance to rezone would cover a total area which is equal to or less than five (5) percent of the area of the city, only the requirements set forth in paragraphs
3, 4.a.(4), 4.a.(5), 4.a.(6). 4.e., 4.f., 6., 8., 9., 10., 12., 14., and 15.
(2) The requirements contained in paragraph 7. below shall not apply for rezonings which do not require an amendment to the future land use map and where the subject parcel is unplatted,
and shall not apply where rezoning is requested in conjunction with an application for annexation, and the rezoning would be consistent with the Palm Beach County Comprehensive Plan,
or where the proposed zoning would be consistent with zoning or land use recommendations contained in the City of Boynton Beach Comprehensive Plan for the subject parcel. All annexation
applications shall, however, be reviewed by the planning department with respect to the annexation policies contained in the comprehensive plan.
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Zoning 50C
Where a rezoning application would occur pursuant to an amendment to the future land use map, the two (2) applications shall be processed simultaneously as a single application,
except where provided for otherwise by Chapter 1.5, Section 7.C of the City of Boynton Beach Land Development Regulations. The procedures set forth in this paragraph shall also apply
for applications to amend the future land use plan, except where such amendments would be included as part of the adoption of the comprehensive plan on a plan in its entirety,
or the adoption of an evaluation and appraisal report. Therefore, "rezoning" shall be construed to include "future land use map amendment" in this subsection, unless
a specific distinction is made between the two terms.
b. For amendments which would change the type of uses allowed within particular zoning districts or land use categories, or would otherwise change the permitted uses of land, where
such amendments would occur pursuant to an amendment to the comprehensive plan, the two amendments shall occur simultaneously, except where provided for otherwise by Chapter 1.5, Section
7.D of the City of Boynton Beach Land Development Regulations.
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Zoning 51
c. The procedure for amending all other provisions contained in the zoning regulations shall be the same as the procedure for ordinance adoption generally, as set forth in Florida
Statutes and the City of Boynton Beach Codes and Regulations.
3. Initiation of amendments. Amendments to the zoning regulations and the future land use plan shall be initiated only by the City Commission, the planning and development board,
or by the petition of the owners of not less than fifty-one (51) percent of the area involved in the amendment. For amendments which are initiated by the City Commission or planning
and development board, the documents, letters of consent, and information specified in paragraphs 4.b., 4.c., 4.d., 4.h.(2), and 4.h.(3) below shall not be required. For amendments
which are initiated by less than one hundred (100) percent of the property owners of the area involved in the amendment, such documents and letters of consent shall be required only
for property owners who have signed the petition for the amendment.
4. Materials to be submitted with applications. The following materials shall be submitted, in the number of copies specified by the planning director:
a. An application, on the forms provided by the planning department. Such application shall include, at a minimum, the following information:
(1) The name, address, and phone number of all owners, applicants, and agents.
(2) A statement of the applicant’s interest in the development of the property.
(3) Intended use of the site.
(4) Existing zoning district and proposed zoning district.
(5) Existing category shown on the future land use map, and proposed category.
(6) Legal description of property which is the subject of the application.
(7) Street address or location of the subject parcel.
(8) Area of the subject parcel, to the nearest hundredth (1/100) of an acre.
b. A copy of the last recorded warranty deed.
c. The following documents and letters of consent:
(1) If the property is under joint or several ownership: A written consent to the application by all owners of record; and
(2) If the applicant is a contract purchaser: A copy of the purchase contract and written consent of the owner and seller; and
(3) If the applicant is represented by an authorized agent: A copy of the agency agreement, or written consent of the applicant; and
(4) If the applicant is a lessee: A copy of the lease agreement, and the written consent of the owner; and
(5) If the applicant is a corporation or other business entity: The name of the officer or person responsible for the application, and written proof that said person has the delegated
authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation.
d. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application,
at a scale prescribed by the planning department, and containing the following information:
(1) An accurate legal description of the subject parcel.
(2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre.
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(3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree Preservation Ordinance. This requirement may be waived by the planning director where found
to be unrelated to the land use or zoning issues involved with the application.
e. A complete certified list of all property owners, mailing addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as
recorded in the latest official tax rolls in the county court house shall be furnished by the applicant. Mailing labels or addressed envelopes, and postage shall also be provided.
Said list shall be accompanied by an affidavit stating that to the best of the applicant’s knowledge said list is complete and accurate.
f. A copy of the Palm Beach County Property Appraiser’s maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel.
g. A statement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning and more suitable for development
under the proposed zoning.
h. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created under existing zoning. The maximum number of
dwellings, square footage, or intensity allowed by the proposed zoning district shall be used to estimate impacts, unless specific limitations on the number of dwellings, density, or
intensity are proposed by the applicant. This comparison shall include the following:
(1) A comparison of the potential square footage or number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development.
(2) A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excluded.
(3) Proposed timing and phasing of the development.
(4) Applications for rezoning to commercial or industrial zoning districts which exceed one (1) acre in area shall provide projections for the number of employees. An estimate of
the number of employees shall not be required, however, for applications which are initiated by the city.
(5) A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be generated under the current zoning; also, an analysis
of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvement that would be necessary to accommodate such traffic movements.
For proposed developments which would generate over three thousand (3,000) vehicle trips per day; or over two hundred fifty (250) single-directional vehicle trips within a one-hour
period; or developments in the hurricane evacuation zone of the city containing over 100 dwelling units, a traffic impact analysis shall be required. Said traffic impact analysis shall
include projected trip generation for the development, for all major roadways and intersections within one and one-half (1.5) miles of the subject parcel, as well as traffic that would
utilize local streets through residential zoning districts. Said traffic impact analysis shall compare traffic levels between the existing zoning and the proposed zoning or development
of the subject parcel, and shall take into consideration all development that would be possible under the current zoning within the city, adjacent cities, and within the unincorporated
area of Palm Beach County within a radius of five (5) miles. For those parcels lying in the unincorporated area of Palm
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Beach County, which are not currently zoned for urban land uses, the potential land uses according to the Palm Beach County Comprehensive Plan shall be used. Where said parcels are
shown on the Palm Beach County Comprehensive Plan under residential land use categories, the midpoint of the density range shown on County Comprehensive Plan shall be used. Where a county-wide
study of traffic generation at build-out has been adopted or is utilized by Palm Beach County, the levels of traffic that are projected by said study shall in all cases be used to project
background traffic in the traffic impact analysis submitted by the applicant. The format and standards used in the traffic impact analysis shall be the same as those which are required
by Palm Beach County, with the exception of the requirements listed above. Such traffic impact analysis shall include recommendations for the mitigation of traffic impacts, consistent
with the standards which have been adopted by or are utilized by Palm Beach County. Traffic Impact Analyses required for developments within the hurricane evacuation zone must also
include an evaluation of the effect of the development on hurricane evacuation times.
(6) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning.
Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless different standards are justified by a registered
engineer. Commitment to the provision of improvements to the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed
zoning.
(7) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the
existing zoning. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless different standards are justified
by a registered engineer. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would
1997 S-5
be inadequate to serve development under the proposed zoning.
(8) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected population
under the existing zoning. Population projections according to age groups for the proposed development shall be required, where more than fifty (50) dwellings or fifty (50) sleeping
rooms in the case of group housing, would be allowed under the proposed zoning.
(9) At the request of the planning department, planning and development board, or City Commission, the applicant shall also submit proposals for minimizing land use conflicts with
surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation
of nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters,
and mechanical equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the
performance standards contained in the city’s zoning regulations and the standards contained in the city’s noise control ordinance. Also, statements concerning the height, orientation,
and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the planning and development
board or City Commission, the applicant shall also state the type of construction and architectural styles that will be employed in the proposed development.
(10) At the request of the planning department, planning and development board, or City Commission, the applicant shall also submit the following information:
(a) Official soil conservation service classification by soil associations and all areas subject to inundation and high ground water levels.
(b) Existing and proposed grade elevations.
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(c) Existing or proposed water bodies.
(d) Form of ownership and form of organization to maintain common spaces and recreational facilities.
(e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste disposal,
fire protection, easements or rights-of-way, roadways, recreation and park areas, school sites, and other public improvements or dedications as may be required.
(11) For rezoning to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all
materials required for a subdivision master plan shall also be submitted.
5. Fees. Fees shall be paid at the time that the application is submitted, according to the fee schedule adopted by the City Commission by resolution or ordinance.
6. Processing by planning department. The planning department shall receive all applications, review such applications for completeness, and transmit copies of such applications to
the city clerk for public notice and/or notification of surrounding property owners. The planning department shall set a public hearing date before the planning and development board,
in accordance with the schedule adopted by the City Commission. The planning department or City Commission may specify certain periods of time during which applications must be submitted.
7. Report and recommendations by the planning department. The planning department shall evaluate applications with respect to the following criteria:
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including, but not limited to, a prohibition against any increase in dwelling
unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Management Division and the city’s risk manager. The planning department
shall also recommend limitations or requirements which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive
plan.
b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute
a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare.
c. Whether changed or changing conditions make the proposed rezoning desirable.
d. Whether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities.
e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent and nearby
properties.
f. Whether the property is physically and economically developable under the existing zoning.
g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed.
The planning department shall transmit its findings and recommendations, together with the application and materials submitted by the applicant in paragraph 4.g. and h.(1) through
h.(10) above to the planning and development board. The planning director may also solicit the comments of the technical review committee members, with respect to consistency of the
proposed zoning with comprehensive plan policies and with respect to
other
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Zoning 55
city policies and code requirements, and transmit same to the planning and development board.
8. Public notice and notice to surrounding property owners.
a. Applications for rezoning and/or land use amendments shall be advertised consistent with applicable requirements of Florida Statutes.
b. Where required in Section 9.C.2.a. above, owners of properties within four hundred (400) feet of the subject parcel shall be notified as to the nature of the application, and the
address or location of the property, and the time, date, and place of the initial planning and development board and City Commission hearings. Said notification shall be by regular
mail and shall be postmarked not less than thirty (30) days prior to the hearing before the planning and development board.
9. Action by planning and development board. The planning and development board shall conduct a public hearing, consistent with applicable requirements of Florida Statutes. After
conducting the public hearing, the board shall recommend to the City Commission either that the application be approved, approved subject to modifications, or denied. The planning and
development board shall base its recommendation upon findings, which may be based on the report by the planning department, or may be based on the materials submitted by the applicant.
If the planning and development board votes to recommend approval of the rezoning, such findings shall include a statement that the proposed rezoning is consistent with the comprehensive
plan. Where the board recommends limitations or requirements as conditions of rezoning, for other than planned zoning districts, the board shall also include a finding that such limitations
and requirements are necessary for consistency with the comprehensive plan.
10. Action by City Commission. The City Commission shall conduct a public hearing, consistent with applicable requirements of Florida Statutes. After conducting the public hearing,
the City Commission shall either vote to approve the application, approve the application subject to modifications, or deny the application. The City
Commission may not approve any rezoning which increases residential density when the projected water and sewer demand exceeds the estimates assumed in the comprehensive plan of the city,
Goal 3C Potable Water. The City Commission shall base its action on findings, which may be based on the recommendations of the planning and development board, the report by the planning
department, or the materials submitted by the applicant. If the City Commission votes to approve the rezoning, such findings shall include a statement that the proposed rezoning is
consistent with the comprehensive plan. The City Commission may approve any zoning district, land use category, or type and intensity of use which is the same as or less intensive than
that which was requested in the application, or which covers the same area or a lesser area than was requested in the application, provided that such area does not extend beyond the
property described in the application. The City Commission shall adopt an ordinance to amend the official zoning map and future land use map, in accordance with applicable requirements
of the City of Boynton Beach Land Development Regulations and Florida Statutes. Where an amendment to the comprehensive plan is proposed in conjunction with an amendment to the zoning
regulations, the procedure set forth in Section 163.3184, Florida Statutes, for review of such proposed amendments by the state shall also be complied with. Where the City Commission
votes to impose limitations or requirements as conditions of rezoning, for other than planned zoning districts, the City Commission shall also include finding that such limitations and
requirements are necessary for consistency with the comprehensive plan.
11. Limitation on further consideration. Within one (1) year after the date of final action by the City Commission or withdrawal of the application by the applicant, no application
for like or similar zoning may be submitted, with the exception of applications which are initiated by the City Commission.
12. Limitations on changes to application, after application has been submitted. After notice of the public hearing has been published or notification has been mailed to surrounding
property owners, the application may not be modified before final adoption of the ordinance to rezone, so as to include any areas
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outside of the parcel described on the original application, increase the number or intensity of uses, request a more intensive zoning, increase the number or intensity of uses, request
a more intensive zoning, increase the height of proposed structures, increase traffic levels on local streets through residential neighborhoods, increase the floor area or number of
dwellings, or substantially increase the level of any measurable impact, nuisance, or hazard, compared to that which was shown in the original application. All such changes shall require
a new application. Changes which decrease any of the impacts listed above may be requested by the applicant, recommended by the planning department or planning and development board,
or required by the City Commission or State of Florida, without requiring a new application.
13. Time limitation for development of property. In the event that no site plan is submitted and site plan approval only is required, or the first plat is not recorded where platting
is required, or a conforming use is not established where platting or site plan approval is not required, within eighteen (18) months after final approval of the rezoning by the City
Commission, the City Commission shall review the zoning of the property and take action as specified in paragraphs a. or b. below. The requirements of paragraph a. and b. below shall
also apply where site plan approval only is required and site plan approval lapses:
a. The City Commission may extend the zoning of the property for a period of one (1) year or more, or may extend the zoning of the property indefinitely. If development of the property
in manner specified above does not occur by the end of said time extension, the City Commission may grant additional time extensions or may take action in accordance with paragraph b.
below:
b. The City Commission may instruct the city manager to file an application to a more restrictive zoning district and/or future land use map category. The zoning of the property
shall be considered to be extended until final adoption of the more restrictive zoning district and/or future land map use category.
14. Modifications to master plans of planned zoning districts and modifications to conditions of zoning for conventional zoning districts.
a. Planned zoning districts. Where such modifications are proposed for a planned zoning district, including any modifications to an approved master plan, the procedure to be followed
shall be that which is specified in those respective sections of the City of Boynton Beach Land Development Regulations.
b. Modifications to requirements or limitations imposed at time of rezoning, for conventional zoning districts. Where changes are proposed to the requirements and limitations which
were imposed at the time of rezoning in a conventional zoning district, such changes shall require review and recommendation by the planning department and planning and development board,
and approval by the City Commission. Approval of such changes shall be accompanied by a finding that such changes are in accord with all regulations and comprehensive plan policies
in effect at the time of the proposed change, and that such changes are not sufficiently substantial so as to warrant a new rezoning application. The determination of what constitutes
a substantial change shall be within the discretion of the City Commission, however, any proposed change that would increase the number of stories, or that would increase the amount
of water consumed, the amount of sewage collected, or the amount of traffic generated by more than ten (10) percent, or that would create commercial or industrial uses where not established
by previously approved zoning, or that would increase the area of property zoned, shall in all cases require a new zoning application.
15. Record of requirements and limitations imposed at time of zoning or rezoning. The planning department shall keep records of all requirements and limitations imposed at the time
of rezoning and shall transmit a copy of same to the applicant, and make same available for inspection by the public.
D. CIVIL REMEDIES FOR ENFORCEMENT. In case any building or structure is erected, constructed, reconstructed, altered,
repaired, or maintained, or any building, structure, land, or water
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is used in violation of this ordinance or any ordinance or other regulation made under authority conferred hereby, the proper local authorities, in addition to other remedies, may institute
any appropriate action or proceedings in a civil action in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance,
or use and to restrain, correct, or abate such violation to prevent the occupancy of said building, structure, land or water, and to prevent any illegal act, conduct of business, or
use in or about such premises.
E. 1. When an amendment to the Land Development Regulations is proposed, one additional public hearing shall be held in addition to the public hearing conducted for second reading of
the ordinance implementing the amendment to the Land Development Regulations. At the discretion of the City Commission, the additional public hearing may be conducted, in conjunction
with first reading of the ordinance, may be referred to and conducted by one or more advisory board, or held on another date prior to second reading of the ordinance as announced by
the city.
2. When the proposed Land Development Regulation will affect permitted, conditional or prohibited zoning uses, or will change a development regulation regarding building height and
height exception, setbacks (for primary and all other structures), non-conforming lots, telecommunication towers, new zoning districts, and buffering requirements related to residential
zoning districts, the City Commission, on or prior to its preliminary review of said amendment, shall determine which of the following types of notice shall be provided for the additional
public hearing:
a. Mailed notice of the additional public hearing shall be provided to all property owners within four hundred (400) feet of the boundary lines of all property or properties which
will be affected by the change in regulations;
b. Notice published in a newspaper of general circulation;
c. Notice posted on or near the properties which will be impacted by the change in regulations; or
d. Other forms of notice determined by the Commission to be necessary to advise the public that a change of development regulations is being considered by the Commission.
3. Costs required for any additional notification shall be paid by the applicant for the change in the Land Development Regulations. (Ord. No. 96-51, § 5, 1-21-97; Ord. No. 96-51,
§ 5, 1-21-97; Ord. No. 05-064, § 2, 11-1-05)
Sec. 10. Reserved.
Sec. 11. Supplemental regulations.
A. NEWSRACK REGULATION WITHIN THE CENTRAL BUSINESS DISTRICT AND THE COMMUNITY REDEVELOPMENT AREA .
1. Definitions. For the purpose of this subsection, the following definitions shall apply:
a. Newsracks. Any type of unmanned device located on public property utilized for the vending of free distribution of newspapers or news periodicals.
b. Public right-of-way. Any public street, highway, sidewalk, parkway or alley.
c. Distributor. Any individual or business entity engaged in the dissemination of any publication utilizing a newsrack located in the City of Boynton Beach.
d. Palm Beach County Traffic Engineering Standards. Those specific standards developed by Palm Beach County, and as amended from time to time.
2. Purpose and criteria. The purpose of this chapter is to promote the public health, safety and welfare through the regulation of placement, type,
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appearance, servicing and insuring of newsracks on public rights-of-way located within the Central Business District and Community Redevelopment Area of the city so as to:
a. Provide for pedestrian and driving safety and convenience;
b. Restrict unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into or egress from any residence or place of business, or from the street
to the sidewalk by persons exiting or entering parked or standing vehicles;
c. Provide for public and property safety during severe weather conditions;
d. Provide reasonable access for the use and maintenance of poles, posts, traffic signals, hydrants, mailboxes and access to locations used for public transportation purposes;
e. Relocate and/or replace newsracks which result in a visual blight and/or excessive space allocation on the public rights-of-way, or which unreasonably detract from the aesthetics
of store window displays, adjacent landscaping and other improvements, as well as to have abandoned newsracks removed;
f. Maintain and protect the values of surrounding properties and prevent damage to grass right of way areas;
g. Reduce unnecessary exposure of the public to personal injury or property damage.
h. Treat all newspapers equally, regardless of their size, content, circulation or frequency of publication;
i. Maintain and preserve freedom of the press;
j. Cooperate with newspaper distributors.
3. Newsrack permit. No person shall place, affix, erect, construct or maintain a newsrack
on or within the public right-of-way without first obtaining a one-time only certificate of compliance for each newsrack in accordance with the provisions of this subsection.
4. Application and issuance of newsrack ordinance.
a. Issuing authority. The issuing authority and coordinator shall be the City Manager or his/her designee. The City Manager of his/her designee shall oversee the various departments
responsible for fairly coordinating and administering the physical placement of newsracks of the type and location herein specified, and upon compliance with the criteria set forth herein,
the City Manager or his/her designee shall be responsible for the issuance of the certificates of compliance.
b. Applications. The applicant shall file with the City Manager or his/her designee, a written application for the installation of a newsrack(s), which shall contain the following
information:
1. The name, address and telephone number of the applicant, who is the owner and/or principal in responsible charge of the newsrack(s).
2. The name, address and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant’s newsracks.
3. The applicant shall identify the location and/or address where the newsrack will be located. Such information should be in sufficient details so as to allow the city to precisely
locate the newsrack so as to ensure that its intended location satisfies their criteria and safety standards set forth in this chapter.
4. Names of newspapers or periodicals to be distributed by the applicant at that location.
5. Type or brand of newsrack, including an illustration and description of the newsrack and mount if other than a single
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pedestal. The newsrack shall be of a modular style that meets the criteria set forth in this section and provide for installation that meets wind load standards as provided for in this
section.
c. Issuance of certificates of compliance. Upon a finding by the City Manager or his/her designee that the applicant is in compliance with the provisions of this chapter, a certificate
of compliance shall be issued for installation by the newspaper distributor in accordance with the application and the provisions of this chapter. The certificate of compliance may
be subject to conditions relative to location and duration of time that the newsrack may be permitted.
d. Denial of certificate of compliance. If a certificate of compliance for a newsrack location(s) applied for shall be denied, the applicant will be notified of the specific cause
of such denial. The notice of denial will suggest alternative location(s). The applicant may reapply for substitute alternative location(s) at no additional certificate of compliance
fee. For purposes of this section, a denial shall be based upon a determination by the City Manager or his/her designee, that the application has failed to comply with either the standards,
criteria and/or requirements of this chapter.
e. Additional newsrack certificate(s) of compliance. If at any time after initial application for a certificate of compliance, a distributor wishes to install additional newsracks,
then the above application paragraph is to be repeated in accordance with the provisions of this section. Additional certificate(s) of compliance fee(s) shall be in accordance with
this section, except that the $50.00 distributor’s fee is waived if previously paid.
5. Insurance.
a. Prior to the issuance of a certificate of compliance by the City Manager or his/her designee, the applicant shall furnish to the city a certificate of insurance. The certificate
of insurance shall state that the City of Boynton Beach is an additional insured.
b. Reasonable evidence of equivalent self-insurance coverage may be substituted by the applicant for the above certificate of
insurance, subject to the approval of the Risk Management Division of the City of Boynton Beach. Insurance under this section shall run continuously with the presence of the applicant’s
newsrack(s) in city rights-of-way, and any termination or lapse of such insurance shall be violation of this chapter, subject to appropriate remedy by the Code Enforcement Division under
the applicable sections of the Code of the City of Boynton Beach.
6. Fees. There shall be a one-time only application fee in the amount of $50.00 for each applicant plus $10.00 per newsrack location selected by each applicant. Failed inspections
are subject to a re-inspection fee of $5.00. All of the above fees will be used to defray administrative expenses related to this subsection.
7. Appeals. An applicant who is denied issuance, re-issuance or transfer or a certificate of compliance or whose certificate has been revoked may, within five (5) business days of
the denial or revocation, appeal the denial or revocation to the City Manager in writing. Within seven (7) business days of receipt of the appeal, the City Manager or his/her designee
shall review the application, the denial or revocation, and any information the applicant discloses in its written appeal and either sustain or reverse the city’s denial or revocation.
The decision of the City Manager or his/her designee on appeal is subject to judicial review as provided by the Florida Statutes.
8. Installation and maintenance.
a. The exterior dimensions are for newspaper racks up to six (6) publications as follows: each rack shall utilize a 19" rectangular pedestal with dimensions of 8" x 6 ½" with a height
of 19". The newsrack(s) shall have dimensions which shall have a height of 55" with a depth (measured from front to back) of 16" and a width across the front of the newsrack of 24 1/8".
The newsrack shall be of a "K" style, "TK" style, or free style.
b. Newsracks shall have gloss pedestals, gloss sides and door and gloss coin box coated per standard specifications. The height of the cabinet top of all newsracks shall not exceed
thirty-nine (39) inches above the finished grade level. The color of all newsracks being installed pursuant to this chapter shall be teal.
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c. Newsracks shall carry no advertising except the name of the publication being distributed and cardholders kept in neat and untorn condition describing the publication being distributed.
d. Newsracks for free newspapers may omit the coin box and may have the pull bar welded to the door to produce an "Honor Rack."
e. Newsracks shall be maintained in good working order at all times, freshly painted with unbroken hoods.
f. The name, address and telephone number of a responsible person who may be contacted at any time concerning the newsrack shall be displayed on the hood of the newsrack in such a
manner as to be readily visible and readable to a prospective customer thereof.
g. Newsracks may have a color band to be approved by the City Manager or his/her designee, which shall have a width of 2 ½". Distributors may place lettering within the color band
not to exceed 2 ½" in height on the front, side and back of each newsrack provided such lettering is either in black or white.
9. Newsrack mounting standards. The following standards shall be applicable to the mounting of newsracks in the City of Boynton Beach:
a. Newsracks may be mounted to an existing concrete sidewalk subject to requirements of Section 11 A.10.
b. The newsrack foundation(s) manufactured as a prefabricated reinforced concrete slab shall have a minimum three and one-half (3 1/2) inch thickness, a minimum twenty-eight (28)
day compressive strength of 2500 pounds per square inch (p.s.i.) and meet the wind load requirements of the Palm Beach County Edition of the South Florida Building Code.
c. The newsrack foundation(s) cast- in-place concrete slab shall have a minimum four (4) inch thickness, a minimum twenty-eight (28) day compressive strength of 3000 pounds per square
inch (p.s.i.) and meet the wind load requirements of the
Palm Beach County Edition of the South Florida Building Code.
d. Minimum three eighths (3/8) inch diameter bolts through the four (4) corners of the newsrack pedestal base with a minimum embedment into the concrete foundation of three (3) inches.
e. Two (2) inch minimum concrete edge distance for bolts.
f. One half (1/2) inch chamfer on all concrete edges.
10. Criteria and safety standard. All mounting and placement of newsracks shall comply with the adopted Palm Beach County Traffic Engineering Standards.
a. Placement in public rights-of-way located within the CBD and CRA. No newsrack shall be placed, installed or maintained:
(1) Within the thirty (30) foot site visibility triangle of a public or private roadway as measured from the intersection from a public or private roadway.
(2) Within thirty (30) feet from the intersection of public or private streets.
(3) Within twenty (20) feet from any marked crosswalk not in an intersection.
(4) Within the twenty (20) feet site visibility triangle of a private driveway, as measured from the intersection of a public roadway and the edge of the private driveway.
(5) Within fifteen (15) feet of any fire hydrant or other emergency facility.
(6) On or within two (2) feet of traffic related signs, street lights or utility poles.
(7) Within a median, which is defined as a landscaped or paved island in the center of the public right-of-way.
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(8) Within five (5) feet ahead of and fifteen (15) feet to the rear of any sign marking a designated bus stop, measured along the edge of the pavement.
(9) Within two (2) feet of any bus bench or shelter.
(10) At any location whereby the clear space for the passageway of pedestrians is reduced to no less than thirty-six (36") inches.
(11) Facing another newsrack, divided by the width of a pedestrian walk (sidewalk or bikepath).
(12) With three (3) feet of any display window of any building abutting the sidewalk or in such a manner as it impedes or interferes with reasonable use of such window display or
access to and from a building entrance.
b. General. The general prohibitions common to all business as specified in the Code of Ordinances shall be applicable.
11. Enforcement procedures – non-conforming newsracks.
a. In the event any newsrack installed pursuant to this chapter is not maintained in conformity with this section, it shall be subject to appropriate action under the applicable chapters
of the Code of Ordinances and referred to the Code Compliance Board for enforcement purposes. The Code Compliance Board is hereby empowered to levy a fine if it is not properly maintained
as required by this section.
b. In the event a distributor desires to voluntarily abandon a newsrack location, said distributor shall notify the City Manager or his designee, completely remove the newsrack and
mount, and restore the public right-of-way to a safe condition as determined by the city, leaving no holes or projections on the mounting surface.
c. Newsracks not in compliance with this subsection shall be subject to removal as ordered by the Code Compliance Board.
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B. CLUSTER DEVELOPMENTS. A cluster of groups of two (2) or more single-family structures may be permitted in all residential districts with the following requirements:
All cluster housing development plans shall be submitted to the planning and development board as a planned unit development.
C. NON-RESIDENTIAL USES IN SINGLE-FAMILY ZONING DISTRICTS:
1. Day care and other preschool facilities shall comply with the state health department and all other regulatory agency requirements.
2. The building height, setbacks, parking and total floor area shall be governed by the applicable zoning district.
3. The following applies to facilities to be located within zoning districts limited to single family homes:
a. Building design for nursery/ preschool/daycare uses shall be consistent with surrounding residential styles;
b. Located along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors;
c. Minimum site size for day care and other preschool facilities shall be one-half (0.5) acre;
d. Minimum site size for primary and secondary schools, colleges, seminaries, universities, churches and other places of worship shall be one (1) acre with a minimum frontage of one
hundred fifty (150) feet.
e. Minimum separation requirement between commercial daycare business shall be 2,000 feet (this distance separation requirement should not apply to daycare uses limited to specific
groups such as church members, and
should not be intended to place restrictive limits on the expansion/improvement of those uses existing prior to codification); and
f. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut residential zoning
districts. Distances between outdoor play areas and adjacent single family homes shall be maximized.
D. HOME OCCUPATIONS. Home occupations shall be permitted subject to these specific regulations designed for the protection of residential neighborhoods, where all of the activity takes
place within a structure, and where the principal use is for residential purposes.
In order for any home occupation to be permitted or continue to be permitted, the following performance standards shall be agreed to in writing by the applicant and be maintained for
the duration of the business tax receipt:
1. The residential character and integrity of the neighborhood must not be disturbed and the occupational activity at the home shall not be noticeable from off the premises.
2. A home occupation shall only be conducted within twenty (20) percent of the living area of the dwelling including interior halls, closets and storage areas, but excluding garages,
screened porches, accessory buildings or any similar space not suited or intended as living quarters.
3. The home occupation shall be conducted at the licensed address only by residents of that dwelling unit and shall only be the type of occupation which does not involve client business
visits to the home, and is typified by business transactions conducted by telephone, mail, or off premises of the licensed address.
(The giving of individual instruction to one (1) person at a time, such as an art of piano teacher, shall be deemed a home occupation).
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4. No equipment or process shall be used in a home occupation which creates fumes, glare, noise, odors, vibration, or electrical interference detectable to the normal senses off the
lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference,
no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.
5. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct
of a home occupation shall be met by off-street parking which complies with Chapter 23, Parking Lots.
6. All storage of materials or supplies used in the home occupation shall be done within the living area of the dwelling unit, within the space limitations specified in subsection
2 above and shall not be visible from adjacent residential units. Contractors, tradespersons and the like shall not use their home garage or yard areas for storage of materials and
supplies used in business activities.
7. No sign or display shall be visible other than a nonilluminated sign, not exceeding two (2) square feet in area, placed on the exterior wall of the residence as close as practical
to the front entrance.
8. A panel, pick-up truck, van, or similar type of truck, not over one ton chassis configuration may be parked in a residential zoning district. Such vehicle, however, must be used
by a resident of the premises, and no more than one (1) such truck shall be located on each plot.
9. A home occupation shall be subject to all business tax receipt provisions defined in chapter 13 of the Boynton Beach Code of Ordinances.
E. SWIMMING POOLS. Swimming pools shall be located, designed, operated and maintained in accordance with the city swimming pool ordinance
and shall be subject to the approval of the development department. No swimming pool shall be constructed closer than eight (8) feet from any property line, except that above ground
swimming pools shall meet a ten (10) foot rear setback. All other setback requirements for the applicable zoning district shall apply to above ground pools. No swimming pool shall be
built in front of the building line. On corner lots, pools will comply with the corner lot setback requirements of the applicable zoning district.
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F. SCREEN ENCLOSURES. All screen enclosures (screen walls and screen roof) shall comply with building side yard setback. No screen enclosure shall be constructed closer than eight
(8) feet from rear property line and no screen enclosure shall be constructed in front of the building line. On corner lots, property bordering both streets shall be considered as front
yards.
G. TOWN HOUSE. All town house developments shall conform to the district zoning and shall meet the following minimum requirements:
1. Each town house shall have its own lot area, each yard private and reasonably secluded from view of streets or neighboring property.
2. Each town house shall have a direct automotive access from the off-street parking space to a public street.
3. All outdoor, rear yard areas used for drying of clothes shall be screened from view from the street and from adjoining yards and lots.
4. Parking space shall be provided for as by Section 11-H.
H. PROVISION OF OFF-STREET PARKING SPACES.
1. All off-street parking areas shall conform to the design and layout requirements of Chapter 23 of the City of Boynton Beach Land Development Regulations, and shall be approved according
to the procedures contained therein.
2. For all required residential district parking spaces not within an enclosed garage, the first parking space shall be the minimum of the current city standard for a handicap space
exclusive of public or private right-of-way. All other spaces where multiple vehicle parking is required shall be provided in accordance with current city standards exclusive of public
or private right-of-way. All spaces, regardless of size, must comply with all provisions of the Land Development Regulations, and shall be maintained and drained so as to prevent nuisance
or danger to the public and/or adjacent property owners.
3. A certificate of occupancy for a structure or premises shall not be issued until the required parking area has been inspected and approved by the development director or his designee.
4. Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multifamily dwelling units containing garages, provided
such driveways are of sufficient size to meet the parking space requirements of this subsection.
5. No fewer than four (4) parking spaces shall be provided for any nonresidential use.
6. Stabilized sod may be substituted for up to fifty (50) per cent of the required parking spaces, where eighty (80) per cent or more of the parking demand falls within a twenty-four-hour
period each week. Sod may be substituted only for the area of parking stalls. All driveways, aisles, and maneuvering areas shall be hard-surfaced and shall conform to the design requirements
contained in Chapter 23 of the City of Boynton Beach Land Development Regulations. Sod parking stalls shall have a base consisting of not less than eight (8) inches of stabilized shell
rock, lime rock, or sand, or an equivalent material as approved by the development director. Sod parking areas shall have dimensions equivalent to the dimensions of paved parking areas
with ninety (90) degree parking stalls and two-way traffic in aisles, as specified in Chapter 23 of the City of Boynton Beach Land Development Regulations.
7. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in paragraph 16 of this
subsection. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use, plus the floor area occupied by all accessory
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uses, including storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways.
8. Where several principal uses exist in one structure or on one lot, parking space requirements shall be computed separately for each principal use, unless stated otherwise in paragraph
16 of this subsection. Where parking spaces are required in paragraph 16 for each of several principal uses that commonly occur together, this is done for the purpose of clarification
only, and shall not limit the application of the requirement contained in this paragraph.
9. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would
by itself generate significant parking demand.
10. Where a use is located in a shopping center, office building, or office-retail complex, the parking space requirement for the shopping center, office building, or office-retail
complex in which it is located shall apply; except that where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or gross
floor area of the theater.
11. Where several principal uses exist in one building or part of a building, and the floor area of each principal use cannot be clearly delineated, the parking space requirement for
the use requiring the greatest number of parking spaces shall apply.
12. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the planning and development board.
13. Parking spaces required in this ordinance for one use or structure may be allocated in part or in whole for the required parking spaces of another use or structure if quantitative
evidence is provided showing that parking demand for the different uses or structures would occur on different days of the week or at different hours. Quantitative evidence shall include
estimates for peak hour/peak
season parking demand based on statistical data furnished by the Urban Land Institute or an equivalent traffic engineering or land planning and design organization. Quantitative evidence
may also include, where appropriate, field studies and traffic counts prepared by a traffic consultant experienced in the preparation of parking studies. In addition, a minimum buffer
of ten (10) percent shall be provided to ensure that a sufficient number of parking spaces are available at the peak hour/peak season of parking demand. Calculation of said buffer shall
be based on the total number of parking spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required parking space shall
be submitted to the technical review board, and approval of joint allocation of required parking spaces shall be made by the City Commission, after review and recommendations by the
planning and development board.
14. Where the number of required parking spaces as computed includes a fraction, the number of required parking spaces shall be the computed number rounded to the next highest whole
number.
15. There shall be provided off-street handicapped parking spaces consistent with Chapter 23, Article II.K of the Boynton Beach Land Development Regulations at the time of the erection
of any structure or the enlargement of any structure.
16. Except as provided in Subsection I.(4) below, there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking
spaces in accordance with the following minimum requirements, and subject to paragraphs 1 through 15 of this subsection. Where a structure or use is enlarged or increased in capacity
by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or e which requires additional parking spaces,
the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use.
a. Dwellings, lodging and other buildings for habitation:
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(1) Single-family and duplex dwellings: Two (2) parking spaces per dwelling unit.
(2) Two or more bedroom apartments: Two (2) parking spaces per dwelling unit.
(3) One-bedroom and efficiency apartments: One and one half (1.5) parking spaces per dwelling unit for each efficiency and/or one-bedroom apartment.
(4) Dormitories: One (1) parking space per rooming unit.
(5) Rooming and boarding houses: One (1) parking space per rooming unit.
(6) Hotels, apartment hotels, motels, apartment motels, and time-sharing hotels and motels: One and one-quarter (1.25) parking spaces per bedroom.
(7) Hospitals: Two and one-half (2.5) parking spaces per bed.
(8) Nursing homes, convalescent homes, and sanitariums: One (1) parking space per three (3) beds.
b. Assembly:
(1) Churches, temples, and other places of worship: One (1) parking space per four (4) seats in the auditorium, but not less than one (1) parking space per one hundred (100) square
feet of gross floor area for the auditorium, plus required parking spaces for any other principal uses, including offices, classrooms, meeting rooms, recreation facilities and dwellings.
(2) Theaters, auditoriums, meeting rooms, and other places of assembly: One (1) parking space per four (4) seats, but not less than one (1) parking space per one hundred (100) square
feet of gross floor area.
(3) Clubs, lodges and fraternal organizations: One (1) parking space per one hundred (100) square feet of gross floor area.
c. Government, institutional, and educational uses:
(1) Government and government-owned or -operated uses: Parking requirements for like or similar uses in the private sector shall apply.
(2) Community centers: One (1) parking space per one hundred (100) square feet of gross floor area.
(3) Libraries and museums: One (1) parking space per three hundred (300) square feet of gross floor area.
(4) Day care centers and nursery schools: One (1) parking space per three hundred (300) square feet of gross floor area, plus adequate provision for a convenient drop-off area adjacent
to the building providing unobstructed ingress and egress.
(5) Elementary and junior high schools: One (1) parking space per five hundred (500) square feet of classroom floor area, including floor area of shops.
(6) Secondary schools and high schools: One (1) parking space per one hundred (100) square feet of classroom floor area, plus one (1) parking space per two hundred (200) square feet
of floor area occupied by shops.
(7) Colleges, universities, seminaries, and technical or vocational schools: One (1) parking space per fifty (50) square feet of classroom area, plus one (1) parking space per two
hundred (200) square feet of floor area occupied by laboratories or shops, plus required space for any other principal uses, including offices, libraries, auditoriums, and recreation
facilities.
(8) Specialized instruction, including dance, art, and self-defense instruction: One (1) parking space per two hundred (200) square feet of gross floor area.
d. Retail services, restaurants, and offices:
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(1) Restaurants, bars, cocktail lounges, dance halls, and all other eating or drinking establishments: One (1) parking space per two and one-half (2.5) seats, but not less than one
(1) parking space per one hundred (100) square feet of gross floor area.
(2) Shopping centers: One (1) parking space per two hundred (200) square feet of gross leasable floor area.
(3) Office-retail complexes: One (1) parking space per two hundred (200) square feet of gross leasable floor area.
(4) Retail gasoline sales, retail automotive parts and/or accessories sales, and automotive repairs, including major repairs, but excluding automotive paint and body shops: One (1)
parking space per two hundred fifty (250) square feet of gross floor area.
(5) Bakeries: One (1) parking space per two hundred (200) square feet of gross floor area.
(6) Florists and retail sales floor area of greenhouses: One (1) parking space per two hundred (200) square feet of gross floor area.
(7) Grocery stores and food stores: One (1) parking space per two hundred (200) square feet of gross floor area.
(8) Automobile, truck, motorcycle, trailer, and recreation vehicle sales or rental: One (1) parking space per five hundred (500) square feet of gross floor area, plus required parking
spaces for outdoor storage or display of goods for sale or for rent.
(9) Small equipment and tool rental establishments: One (1) parking space per two hundred fifty (250) square feet of gross floor area, plus required parking spaces for outdoor storage
or display of goods for sale or for rent.
(10) Outdoor storage or display of goods for sale or for rent, except boats: One (1) parking space per five thousand (5,000) square feet
of paved or unpaved outdoor area used for the storage or display of goods for sale or for rent.
(11) Boat sales or rental: One (1) parking space per five hundred (500) square feet of gross floor area, plus one (1) parking space per ten thousand (10,000) square feet of paved
or unpaved outdoor area used for the storage or display of boats for sale or for rent.
(12) Retail establishments not listed elsewhere: One (1) parking space per two hundred (200) square feet of gross floor area.
(13) Personal, professional, and business services not listed elsewhere, including testing, repairing, and servicing: One (1) parking space per three hundred (300) square feet of
gross floor area.
(14) Laundromats or dry-cleaning pick-up stations, and laundry or dry-cleaning plants located in commercial zones: One (1) parking space per two hundred fifty (250) square feet of
gross floor area (for laundry or dry-cleaning plants located in industrial or PID zones, see (f)(3)).
(15) Printing, engraving, or publishing located in commercial zones: One (1) parking space per three hundred (300) square feet of gross floor area (for printing, engraving, or publishing
located in industrial or PID zones, see (f)(4)).
(16) Funeral homes: One (1) parking space per two hundred (200) square feet of gross floor area.
(17) Kennels and animal hospitals: One (1) parking space per three hundred (300) square feet of gross floor area, including area of outdoor kennels.
(18) Financial institutions and services: One (1) parking space per two hundred fifty (250) square feet of gross floor area.
(19) Medical and dental clinics, offices, and office buildings: One (1) parking space per two hundred (200) square feet of gross floor area.
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(20) Offices and office buildings not listed elsewhere: One (1) parking space per three hundred (300) square feet of gross floor area.
(21) Art, craft, graphics, and photographic studios: One (1) parking space per three hundred (300) square feet of gross floor area.
(22) Beauty and barber services: One (1) parking space per one hundred (100) square feet of gross floor area.
(23) Furniture stores: One (1) parking space per five hundred (500) square feet of gross floor area.
(24) Automotive paint and body shops: One (1) parking space for every three hundred (300) square feet of gross floor area. In addition, each overhead door and interior spray booth
may be counted toward a parking space, provided there is a minimum area, the size of a standard parking space, between an overhead door and an interior spray booth. However, in no case
shall less than four (4) outside parking spaces be provided.
e. Recreation and amusement:
(1) Swimming pools: One (1) parking space per thirty (30) square feet of water area.
(2) Ice skating and roller skating rinks: One (1) parking space per one hundred (100) square feet of rink area.
(3) Indoor athletic courts: One (1) parking space per one thousand eight hundred (1,800) square feet of gross floor area.
(4) Outdoor athletic courts: One (1) parking space per one thousand five hundred (1,500) square feet of court area and adjoining paved area.
(5) Golf courses: Eight (8) parking spaces per hole.
(6) Miniature golf courses: One (1) parking space per five hundred (500) square feet of lot area occupied by the playing area.
(7) Bowling alleys: One (1) parking space per two hundred fifty (250) square feet of gross floor area, including floor area of all adjoining uses, including restaurants, bars, pool
rooms, and amusements.
(8) Gymnasiums and health centers: One (1) parking space per three hundred (300) square feet of gross floor area. Parking space requirements may be computed separately for floor
area occupied by athletic courts, swimming pools, or other principal uses for which parking space requirements are listed in this ordinance.
(9) Arcades, pool halls, and other indoor amusement places not listed elsewhere: One (1) parking space per one hundred (100) square feet of gross floor area.
(10) Marinas: One (1) parking space per boat slip, plus required parking spaces for any other principal uses, including hotels and motels, restaurants, retail floor area, charter
boats, sightseeing boats, drift fishing boats, and outdoor lots occupied by boats for sale or for rent.
(11) Charter, drift fishing, and sightseeing boats: One (1) parking space per three (3) seats on each boat, but no fewer than two (2) parking spaces per boat.
(12) Condominium and housing development recreation buildings: A mix of five parking spaces, plus one (1) additional space per 300 square feet of gross floor area of office use
for leasing or management purposes located in recreation buildings or separate structures (handicapped spaces should be pursuant to ADA requirements).
f. Industrial, research and development, trades, wholesale, and warehouses:
(1) Manufacturing and industrial uses not listed elsewhere: One ( 1 ) parking space per two (2) employees, but not less than one (1) parking space per five hundred (500) square feet
of gross floor area; plus required parking spaces for any other principal uses, including office or retail floor area.
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(2) Utility plants: One (1) parking space per two (2) employees, but not less than one (1) parking space per five hundred (500) square feet of gross floor area; plus required parking
spaces for any other principal uses, including office floor area.
(3) Laundry or dry-cleaning plants located in industrial or PID zones: One (1) parking space per five hundred (500) square feet of gross floor area (for laundromats, laundry or drycleaning
pick-up stations, and laundry or drycleaning plants located in commercial zones, see (d) (14)).
(4) Printing, engraving, or publishing located in industrial or PID zones: One (1) parking space per two (2) employees, but not less than one (1) parking space per five hundred (500)
square feet of gross floor area (for printing, engraving or publishing located in commercial zones, see (d) (15)).
(5) Warehouses and other indoor storage facilities, warehouse-industrial complexes: One (1) parking space per eight hundred (800) square feet of gross floor area, but not less than
two (2) parking spaces per rental unit of five hundred (500) square feet of gross floor area or greater; plus required parking spaces for any other principal uses, including retail and
office floor area. Parking for multi-access facilities shall be provided at a rate of 1 space per 200 storage bays plus 1 space per 300 feet of office space and 2 security spaces. Parking
for limited access facilities shall be provided at a rate of 1 space per 75 storage units, plus 1 space per 300 feet of office space and 2 security spaces.
(6) Wholesale establishments and distributing: One (1) parking space per eight hundred (800) square feet of gross floor area.
(7) Moving and storage operations: One (1) parking space per eight hundred (800) square feet of gross floor area.
(8) Truck terminals and transfer stations: One (1) parking space per eight hundred (800) square feet of gross floor area.
(9) Laboratories and research and development: One (1) parking space per three hundred (300) square feet of gross floor area.
g. Miscellaneous uses:
(1) Taxi offices and bus stations: One (1) parking space per one hundred (100) square feet of gross floor area.
(2) Communications facilities, including broadcasting facilities and telephone exchanges: One (1) parking space per one thousand two hundred (1,200) square feet of gross floor area,
plus required parking spaces for any floor area occupied by offices.
(3) Greenhouses: One (1) parking space per two thousand (2,000) square feet of gross floor area, plus required parking spaces for any retail floor area.
h. Downtown parking requirements:
(1) For purposes of this subsection, the following definitions shall be applicable:
Mixed-use development. A combination of two (2) or more uses on a single parcel, tract, or development pod. In the Mixed Use - High Intensity (MU-H) district, a mixed-use development
is limited to a structure or series of structures containing retail, office and residential uses, arranged vertically.
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.
Tandem parking. 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
space.
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Wrapped parking structure. A parking structure that is enveloped 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.
(2) For parcels of land zoned for Mixed Use - High Intensity (MU-H), the following minimum parking requirements shall be applicable to mixed use developments:
(i) Residential dwelling units: 1.33 parking spaces for each one (1) bedroom unit and 1.66 parking spaces for each two (2) or more bedroom unit.
(ii) Hotel: One (1) parking space for each hotel unit.
(iii) Non-residential: For the non-residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200) square
feet of gross leaseable floor area.
(iv) Tandem parking shall be permitted subject to all of the following guidelines and requirements:
(A) The tandem parking is for residential and valet purposes only, and may not be utilized for more than twenty-five percent (25%) of the required parking.
(B) The parking structure must be a partially or fully wrapped parking structure.
(C) If located on surface parking, the perimeter buffer or interior lot landscaping requirements shall be improved by a minimum of fifty percent (50%).
(3) For parcels of land within the Central Business District (CBD) or subsequent zoning districts established to supplement or replace the CBD, and any parcel or parcels of land
assembled by unity of title that front on that segment of Ocean Avenue extending west form the CBD to Seacrest Boulevard, no additional parking shall be required where:
(i) The structure is enlarged in a manner not exceeding one hundred percent (100%) of the gross floor area; or
(ii) The capacity of the structure is increased by adding dwelling units, floor area, or seats; or
(iii) The use of a structure is changed.
The following uses are exempt from the provisions of subsection (3) and shall be otherwise required to satisfy the parking requirements of Section 11.H of this chapter:
(i) Multi-family residential uses and structures.
(ii) Churches, temples and other places or worship.
(iii) Theater, auditorium, meeting hall, and other places of assembly.
(iv) Clubs, lodges and fraternal organizations.
I. LOCATION OF OFF-STREET PARKING SPACES.
1. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served.
2. Required parking spaces for all other uses shall be owned by the owner of the building or
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lot to be served, and shall be located on the same lot, or not more than three hundred (300) feet distant, as measured along the nearest pedestrian walkway.
3. Parking space requirements of two (2) or more uses of the same or different types may be satisfied by the allocation of the required number of spaces for each use in a common parking
facility. Joint allocation among several uses of a lesser number of parking spaces may be permitted in accordance with paragraph 13 of this subsection.
4. The payment in lieu of parking option is applicable within the Central Business District (hereinafter CBD) or subsequent zoning districts established to supplement or replace the
CBD, and properties, and property assembled with properties as one site, that front on that segment of Ocean Avenue extending west from the CBD to Seacrest Boulevard.
A. Within this area at the time of any building construction, expansion or modification that creates additional floor area, or except where otherwise allowed in Subsection C. off-street
parking spaces shall be provided as required by Chapter 2. "Zoning" Section 11.H. and Section 6.E.
B. The area measured for purposes of this subsection shall only include the floor area designed primarily for public use, and excluded floor area for bathrooms, service and food preparation
staff, outdoor waiting areas, space limited to storage, and areas uninhabitable due to building code requirements or other limitations.
C. Minor building expansions equal to or less than two parking spaces shall be excluded from the requirements described in Subsection A. above, and for minor improvements that exceed
the two-space limit but less than 5% of the total area of existing improvements, only the increase in building area shall be subject to the parking space requirements of Subsection A.
above and Subsection E. below.
D. Existing parking spaces shall not be eliminated if elimination would result in fewer spaces being provided for the existing or new floor area than required pursuant to Subsection
A. above.
E. The parking requirement set forth in this subsection may be satisfied in whole or part by the payment of a nonrefundable parking improvement fee in lieu of the provisions of all,
or a portion of the required off-street parking spaces. Parking improvement fees shall be assessed as follows:
$0 per space up to September 30, 2002
$1,000 per space between October 1, 2002 and September 30, 2003
$2,000 per space between October 1, 2003 and September 30, 2004
$3,000 per space between October 1, 2004 and September 30, 2005
$4,000 per space between October 1, 2005 and September 30, 2006
$5,000 per space between October 1, 2006 and Septe
mber 30, 2007
$6,000 per space between October 1, 2007 and September 30, 2008
$7,000 per space after October 1, 2008
The parking improvement fee shall be due and payable in full at the time that the first building permit is issued for the construction, expansion, or modification that creates the need
for parking spaces or for additional parking spaces, and in no event later than the time a certificate of occupancy or business tax receipt is issued for the building or use subject
to the Section. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the City for parking related improvements in the geographic
area to which Subsection 4. applies.
J. OFF-STREET LOADING:
1. For the purpose of this ordinance, the term "off-street loading or unloading space" shall mean a vehicular loading space constructed of a hard surface and shall consist of a space
with dimensions not less than twelve (12) feet in width, thirty-five (35) feet in length and fourteen (14) feet in height, exclusive of access aisles, maneuvering space or alley right-of-way.
2. The following spaces shall be provided for the uses indicated:
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a. Every hospital, institution, hotel, commercial or industrial building, or similar use, requiring the receipt or distribution by vehicle of materials or merchandise, shall have
sufficient permanently maintained off-street loading space so as not to hinder the free movement of vehicles and pedestrians over a street or sidewalk.
b. All structures requiring the pickup of large quantities of garbage or trash shall provide an easily accessible area for the pickup and delivery of a dumpster or other trash receptacle;
all such areas shall be so designed that garbage and trash pickup can be accomplished without excessive maneuvering such as turning around and backing up.
K. PERMANENT RESERVATION OF SPACES. Area reserved for off-street parking or loading, in accordance with the requirements of this section, shall not be reduced in area or changed to
any other use unless equivalent off-street parking or loading is provided in accordance with this section.
L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOLINE OR GASOLINE PRODUCTS.
1. Purpose. The purpose of these regulations is to establish development standards for commercial establishments which engage in the sale of gasoline, or other motor fuels. These
regulations are intended to cover businesses of any type, including convenience stores and automotive service stations. The development standards established by this section would overlay
the development criteria stated in the zoning district in which these uses are allowed. Businesses, which engage in the sale of gasoline or other motor fuels, shall require conditional
use approval.
2. Definitions. For the purpose of this ordinance, the following definitions shall apply:
Ancillary building or structure. A building or structure incidental to, subordinate to and subservient to the principal building or structure located on the premises.
Ancillary use. A use incidental to, subordinate to and subservient to the principal use of the premises.
Automotive service station. The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels.
Convenience store. Any place of business that is engaged in the retail sale of groceries, including the sale of prepared foods, and gasoline and services. The term "convenience
store" does not include a store which is solely or primarily a restaurant.
Gasoline dispensing establishments. Any commercial enterprise, including automotive service stations and convenience stores, which engage in the sale of gasoline or other motor fuels
to the public.
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.
3. Development standards which apply to all gasoline dispensing establishments except those described under Subsection 4. of this section below:
a. Location.
(1) All gasoline dispensing establishments not determined to be ancillary uses as described in Subsection 4. below, shall be located only at the intersection of any combination of
the following roads as designated in the Boynton Beach Comprehensive Plan:
County arterial,
State arterial,
Local collector, or
County collector.
(2) Gasoline dispensing establishment shall only be located at any intersections consisting of roads of four (4) lanes or wider.
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(3) The maximum number of gasoline dispensing establishments located at any intersection shall be two (2). Gasoline dispensing establishments shall only be located at diagonal corners
of permissible intersections.
b. Minimum plot size: thirty thousand (30,000) square feet.
c. Minimum street frontage: one hundred seventy-five (175) feet on each frontage measured from the intersecting right-of-way lines of the public streets.
d. Driveways
(1) No driveway shall be located those distances delineated in Chapter 6, Article IV, Section 1 (Access) or as delineated in Chapter 23, Article II, Section H.3., from the intersecting
right-of-way lines of public streets.
(2) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in width.
(3) Driveways shall not be located less than thirty (30) feet from any interior property line.
(4) Driveways will be limited to one (1) per street frontage.
e. Setbacks. Setback requirements shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage
facilities.
(1) Front -- 35 feet.
(2) Side -- 20 feet.
(3) Rear -- 20 feet.
(4) Other:
(a) No canopy shall be located less than twenty (20) feet from any property line.
(b) No gasoline pump island shall be located less than thirty (30) feet from any property line.
(c) The entrance to a building wherein motor vehicles are washed by mechanical means shall be located a minimum distance of seventy-five (75) feet from the street lines to provide
an off-street area of waiting vehicles. Car washes shall be a permitted accessory use at gasoline dispensing establishments. Car washes shall:
1. be fully automatic;
2. recycle all water used in the car washing process.
f. Buffers.
(1) A ten-foot wide landscape buffer shall be located along the street frontage. This buffer shall contain one (1) tree ten (10) to fifteen (15) feet in height with a minimum three-inch
caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover.
(2) Interior property lines.
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(a) A ten-foot wide landscaped buffer shall be located on all interior property lines. When the buffer separates the property from a residentially zoned property, the buffer shall
contain a six-foot concrete wall landscaped on the exterior side by a continuous hedge no less than thirty-six (36) inches high and planted twenty-four (24) inches on center at time
of planting; trees ten (10) to fifteen (15) feet in height with three-inch caliper every forty (40) feet; and groundcover. When the buffer separates the property from other commercial
property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained.
1. The wall shall be kept in good repair and appearance at all times.
2. Openings with gates may be allowed where deemed appropriate by the City Commission.
g. Design criteria.
(1) All gasoline dispensing establishments located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design
to the approved design plan of the principal center.
(2) Gasoline dispensing establishments shall conform to the community design plan.
(3) All gasoline dispensing establishments shall not install exterior site lighting which exceeds photometric levels of 60-foot candles average maintained. Light fixtures must be
baffled, shielded, screened or recessed to prevent visibility of the lit portion of the fixture from off the premises.
h. Conditional use. Gasoline dispensing establishments are hereby designated as a conditional use as that term is defined in Section 11.2.
i. Distance separation requirements. No gasoline dispensing establishment shall be located within two hundred (200) lineal feet from a residential structure. Distances for the purpose
of this subsection shall be measured from the
boundary line of the parcel on which the gasoline dispensing establishment is located to the closest boundary wall of the residential structure.
4. As to all gasoline dispensing establishments that are an ancillary use located or operated in or from an ancillary building or structure within a parcel of land of not less than
ten (10) acres within a "Planned Commercial District" (PCD) governed by Section 6.F. of the City of Boynton Beach Zoning Code, and which gasoline dispensing establishment is operated
by the person(s) or entity(s) that operates the principal use located on such parcel of land; and do not meet all of the requirements set forth under Subsection 3., above, the following
shall be applicable:
a. Setbacks. Setback requirements shall apply to all structures on the portion of the property on which the gasoline dispensing establishment is located, including the primary structure
for the gasoline dispensing establishment, or any accessory structures such as above ground storage facilities.
(1) Front - 35 feet.
(2) Side - 20 feet.
(3) Rear - 20 feet.
(4) Other:
(a) No canopy shall be located less then twenty (20) feet from any property line.
(b) No gasoline pump island shall be located less than thirty (30) feet from any property line.
(c) No gasoline pump island or canopy shall be located less than two hundred (200) feet from any public right-of-way.
(d) No gasoline dispensing establishment shall be located within two hundred (200) feet from a residential structure. Distances for the purpose of this subsection shall be measured
from the closest gasoline pump island or canopy of the gasoline dispensing establishment to the closest boundary wall of the residential structure.
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b. Buffers. Except for permitted driveway openings, a five (5) foot wide landscaped buffer shall be located around that portion of the parcel of which the gasoline dispensing establishment
is located. When the buffer separates the portion of the property on which the gasoline-dispensing establishment is located from a residentially zoned property, the buffer shall contain
a six (6) foot high concrete wall landscaped on the exterior side by a continuous hedge no less than thirty-six (36) inches high and planted twenty-four (24) inches on center at the
time of planting; trees ten (10) to fifteen (15) feet in height with three-inch caliper every forty (40) feet; and groundcover. When the buffer separates the portion of the property
on which the gasoline dispensing establishment is located from other commercial property, the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously
maintained.
(1) The wall shall be kept in good repair and appearance at all times.
(2) Openings with gates may be allowed where deemed appropriate by the City Commission.
c. Design criteria.
(1) All gasoline dispensing establishments under this Section 4. shall conform to the community design plan.
(2) No gasoline dispensing establishments under this Section 4. shall be permitted to advertise product pricing on the site sign identifying the primary tenant or occupant.
(3) All gasoline dispensing establishments under this Section 4. shall not install exterior site lighting which exceeds photometric levels of 60-foot candles average maintained.
Light fixtures must be baffled, shielded, screened, or recessed to prevent visibility of the lit portion of the fixture from off the premises.
d. Conditional use. Gasoline dispensing establishments defined as ancillary to a principal tenant of a planned commercial district are hereby designated as a conditional use as that
term is defined in Section 11.2.
M. ADULT ENTERTAINMENT ESTABLISHMENTS; SPECIAL RESTRICTIONS.
1. No adult entertainment establishment shall be located closer than one thousand (1,000) feet from any other adult entertainment establishment measured from lot boundary to lot boundary
along a straight airline route.
2. No adult entertainment establishment shall be located closer than one thousand (1,000) feet from any house of worship, residential zoning district, public usage district, recreation
district, or school, measured from any lot boundary to lot boundary along a straight airline route.
N. OUTDOOR RETAIL SALES BY NOT-FOR-PROFIT ORGANIZATIONS. Special outdoor retail sales shall be permitted in any nonresidential zoning district, subject to the following regulations:
1. The event is sponsored by a not-for-profit civic, religious, school or governmental organization.
2. The sponsors secure an business tax receipt for the duration of the event, and comply with all other applicable codes and ordinances.
3. Written approval must be secured from the owner of the property.
4. Liability insurance which is sufficient to cover the liability for the event shall be the responsibility of the property owner and event sponsor.
5. Adequate parking is provided for the event.
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6. Such event or combination of events shall not exceed a maximum duration of four (4) weeks per calendar on any one parcel of land. However, a two-week extension may be provided,
if conditions warrant.
7. Permits for all temporary structures, lighting and signs must be secured.
8. If a tent is used for the event, the tent shall be constructed of fire-retardant treated material and shall comply with the latest edition of the Southern Standard Building Code,
as adopted by the city.
9. Farmers’ markets, flea markets, sales bazaars, swap shops, trading posts and the sale or display of used retail merchandise shall be prohibited.
10. It is the responsibility of the sponsor, within three (3) days of the expiration of the event, to have the property cleared and brought to its original condition.
O. SELF SERVICE STORAGE FACILITIES (MINI-WAREHOUSES).
1. General. All self-storage facility uses shall comply with the following:
a. Rental facility office. The rental facility office shall be located facing a collector street. A maximum of 1000 square feet of the rental office may be devoted to the rental
and sale of retail items used for moving and storage and including, but not limited to carton, tape and packing materials. The property manager shall be permitted to conduct auctions
for the sole purpose of selling abandoned items left in bays, provided an appropriate license is obtained from Business Tax Receipts. The rental of trucks and trailers used for moving
and the installation of hitch and towing packages shall be allowed, subject to all approvals required for the zoning district in which the self service storage facility is located.
b. Security quarters. A single residential unit for security purposes may be established on the site of a self service storage facility and shall be considered a limited exception
to the
general prohibition of residential uses in industrial zones. The security quarters may continue only so long as the self service storage facility remains active. The security quarters
shall be for the exclusive use of, and shall be occupied only by a guard, custodian, caretaker, owner, manager or employee of the owner of the facility, and his family. Such person
shall be actively engaged in provided security, custodial or managerial services upon the premises. A security quarters shall not be rented to any person other than such persons.
c. Use of bays. The use of storage bays shall be limited to dead storage of household goods, personal property or records for commercial businesses. Storage bays shall not be used
to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or
retail sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal boxes within a self-service storage facility shall not be
considered a premises for the purpose of assigning a legal address in order to obtain an business tax receipt or other governmental permit or license to do business. Further:
(1) The maximum size of a storage bay shall be limited to four hundred fifty (450) square feet.
(2) Storage bay doors shall not face any abutting property which is residentially zoned, nor any public or private street.
d. Outside Storage. In connection with a self service storage facility, open storage of recreational vehicles and of pleasure boats of the type customarily maintained by private
individuals for their personal use and commercial vehicles shall be permitted provided the following:
(1) The storage area shall not exceed 20 percent of the area of the site.
(2) The storage area shall be entirely screened from view from public and private roads and abutting non-industrial zoned property by a
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building on site or by installation of a six (6) foot high solid masonry fence or a wall supplemented with a minimum of twelve (12) foot tall trees spaced nor more than twenty-five (25)
feet on center and foundation planting a minimum of two (2) feet in height installed within a five (5) foot wide landscape strip located on the outside of the wall, unless the foundation
planting is determined by the Development Director to be unnecessary due to limited purpose/visibility, or if the lack of access to the landscape area would create maintenance difficulties.
(3) Vehicles shall not be stored within the area set aside for minimum building setbacks or in areas designated for landscape buffering purposes.
(4) No vehicle or boat maintenance, or repair shall be permitted on site. Washing shall be conducted only within a designated wash area that drains to a storm drain equipped with
a pollution control device acceptable to the City Engineer. Pleasure boats stored on site shall be placed and maintained upon wheeled trailers. No dry storage or dry stacking shall
be permitted onsite.
(5) The outside storage area shall be constructed with a dust-free surface.
e. Separation between storage buildings. If separate buildings are constructed, there shall be a minimum ten foot separation between individual buildings within the facility.
f. Outdoor lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty feet in height and shall be shielded away from residential property.
g. Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on site.
h. Architectural compatibility. For all self-storage facilities adjacent to or visible from an arterial roadway, the following shall apply:
(1) The exterior colors, facades, windows, roof and building materials of all structures located onsite shall be compatible with the character of the neighborhood. Self-service
storage facilities shall incorporate design elements to achieve the effect of office structures.
(2) All facades viewable from the arterial roadway shall provide variety and interest. These facades shall not exceed fifty (50) feet in length without visual relief by means of
a vertical reveal at least one (1) foot in depth and ten (10) feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include, roof slope and materials,
windows, awnings, fencing and other aesthetic elements.
i. Signage. Self-service storage facilities in the M-1 district shall be subject to the provisions of Chapter 21, Article 4.
j. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets.
k. Height. Limited access and combination multi-access and limited-access self-storage facilities shall conform to the maximum height for that district. The maximum height for multi-access
self-storage facilities shall not exceed twenty-five (25) feet. These heights will include any screening required to conceal air-conditioning or any other mechanical equipment.
l. Buffers. All perimeter buffers shall be subject to the provisions of Chapter 7.5, Article II, Section 5 concerning buffer requirements. In addition, any perimeter adjacent to
a residential district shall include a continuous hedge or wall in addition to trees planted no further than twenty-five (25) feet on center.
2. Supplemental standards for multi-access self-storage facilities. In addition to the general standards above, multi-access self-service storage facilities shall comply with the
following regulations:
a. Minimum lot size. The minimum lot size for a multi-access self-storage facility shall be two (2) acres.
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b. Circulation. The following on-site circulation standards shall apply:
(1) Interior. Interior loading areas shall be provided in the form of aisle ways adjacent to the storage bays. These aisle ways shall be used both for circulation and temporary
customer parking while using storage units. The minimum width of these aisle ways shall be twenty-five (25) feet if only one-way traffic is permitted, and thirty (30) feet if two-way
traffic is permitted. A minimum width of twelve (12) feet of width between storage aisles will be required when a portion of this aisle space is utilized for outdoor storage.
(2) Flow. The one or two-way traffic flow patterns in aisle ways shall be clearly marked. Markings shall consist of standard directional signage and painted lane markings with
arrows.
(3) Access. Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning of aisle ways.
c. Parking. Parking shall be provided at a rate of 1 space per 200 storage bays, plus 1 space per 300 feet of office space and 2 security spaces.
3. Supplemental standards for limited access self-storage facilities. In addition to the general standards above, limited-access self-storage facilities shall comply with the following
regulations:
a. Minimum lot size. The minimum lot size for a limited access self-storage facility shall be one (1) acre.
b. Loading.
(1) Each entry point used to access hallways leading to the storage bays shall accommodate a minimum of two leading berths and related maneuvering area.
(2) The loading areas shall not interfere with the primary circulation system on site.
(3) If a minimum 20 feet access way is provided adjacent to the building and serves no other use except the self-service storage facility, then the loading area may be established
parallel and adjacent to the building. It will be required to satisfy current regulations for driveway accessibility dependent on one-way or two-way traffic.
c. Parking. Parking shall be provided at a rate of 1 space per 75 storage bays, plus 1 space per 300 feet of office space and 2 security spaces.
d. Use limitations. Retail sales shall be prohibited on site except those permitted by Section O.1.a.
e. Hours of operation. The hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. seven days a week.
f. Outdoor lighting. Outdoor lighting shall be designed to prevent light spillage onto residential uses.
4. Multi-access and limited-access combinations: A combination of multi-access and limited-access self-storage facilities may be permitted within the same site plan, pursuant to the
supplemental standards shown above for each of the uses.
P. MARINAS. 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.
(Ord. No. 95-24, § 5, 8-15-95; Ord. No. 96-51, § 7, 1-21-97; Ord. No. 98-31, §§ 2, 3, 8-4-98; Ord. No. 99-23, § 2, 9-7-99; Ord. No. 99-34, § 2, 12-21-99; Ord. No. 00-20, § 1, 6-6-00;
Ord. No. 00-40, § 1, 8-1-00; Ord. No. 00-58, § 2, 10-17-00; Ord. No. 00-68, § 2, 12-5-00; Ord. No. 01-10, § 2, 2-6-01; Ord. No. 01-30, §§ 3, 4, 7-3-01; Ord. No. 03-010, § 4, 4-1-03;
Ord. No. 03-018, §§ 1-3, 6-3-03; Ord. No. 04-061, § 3, 8-17-04; Ord. No. 04-071, § 2, 9-7-04; Ord. No. 06-096, § 2, 1-2-07)
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Sec. 11.1. Nonconforming uses and structures.
A. EXISTING USES. Any lawful use of land or structures existing on the effective date of the adoption or amendment of these zoning regulations, but which would become a nonconforming
use under the terms of these regulations or future amendments hereto, shall be permitted to continue, subject to the provisions of this section pertaining to its extension, alteration,
reconstruction, continuance, discontinuance or change.
B. NONCONFORMING USES OF LAND.
1. No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of the adoption or amendment of
these regulations, unless such use is subsequently changed to a use permitted in the district in which such use is located.
2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of the adoption or amendment to
these regulations, nor shall such nonconforming use be moved to any other parcel or located in any district within which said use is not permitted.
3. No additional structures or buildings shall be erected in connection with such nonconforming use of land.
C. NONCONFORMING LOTS.
1. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1A, R-2 or R-3 district, provided that it meets all of the following requirements:
a. The parcel contains at least one (1) whole platted lot, platted prior to the effective date of the adoption or amendment of these zoning regulations;
b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. of this section, has a frontage of not less than fifty (50) feet, and a lot
area of not less than five thousand (5,000) square feet
(irregular, other than rectangle-shaped lots with less than five thousand (5,000) square feet of area may be developed if in conformance with all other lot regulations);
c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections
of the building code regulations regarding the impact of construction and drainage on or to adjacent properties.
2. Within R-2 districts, in subdivisions platted prior to the effective date of this ordinance, where the platted lots have a frontage of at least forty (40) feet but less than fifty
(50) feet, the following rules shall apply:
a. A detached single-family dwelling may be constructed on any such parcel, provided that it meets all of the following requirements:
(1) The parcel contains at least one (1) whole platted lot.
(2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become nonconforming
or more nonconforming.
b. A duplex dwelling may be constructed on any parcel, provided that it meets the following requirements:
(1) The parcel contains at least two (2) whole platted lots;
(2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming.
c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120) feet, and the total area is greater than twelve thousand
(12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district.
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d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser’s Office as of the effective date of this ordinance.
3. A detached single-family dwelling may be constructed on any parcel located in an R-1AA district, without requiring a variance, provided that it meets the following requirements:
a. The parcel contains at least one (1) whole platted lot.
b. The parcel has a frontage of not less than sixty (60) feet, and a lot area of not less than six thousand seven hundred fifty (6,750) square feet in area.
c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become
nonconforming or more nonconforming.
For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R-1AA
district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district.
Not more than one (1) parcel or lot, or combination of lots under the same ownership, that is nonconforming but which meets the requirements under b. above may be developed for a
single-family house.
Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser’s Office as of the effective date of this ordinance.
4. In the R-1AAB district, any parcel which includes, at a minimum, one (1) whole platted lot may be developed without requiring a variance, if it would not be possible to acquire
property from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or
structures thereon to become nonconforming or more nonconforming.
Not more than one (1) lot parcel or lot, or combination of lots under the same ownership, that is nonconforming but which meets the requirements of this paragraph may be developed
for a single-family house.
5. In the R-1AAA zoning district, all nonconforming lots shall require variance in order to be developed.
6. The densities created by the rules set forth above shall be construed to be in conformance with the densities shown on the future land use map contained in the city’s comprehensive
plan.
7. Nonconforming lots which may be developed without requiring a variance, and which lie in residential districts, shall meet the minimum property development regulations that are
generally applicable in the district; except, however, that the minimum setbacks shall be as follows:
Minimum yard setback requirements:
Front yard 25% of depth
Side yard (corner) 20% of depth
Side yard (interior) 15% of width
Rear yard 25% of depth
provided, however, that the setbacks specified above shall, in no instance, be construed to be greater than the setbacks that are generally applicable in the district in which the
lot is located.
The minimum living area on such lots shall be permitted to be reduced below the minimum living area required by the district building and site regulations, to the extent that this
reduction is necessary in order to maintain the abovementioned setbacks. Furthermore, the maximum lot coverage on such lots shall be permitted to be increased above the maximum lot
area allowed by the district building and site regulations, to the extent that this increase is necessary to obtain the minimum living area required by the district building and site
regulations.
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8. Nonconforming lots in nonresidential districts.
a. In nonresidential zoning districts, if the value of buildings on the lot or parcel as shown on the latest Palm Beach County tax rolls is not less than sixty thousand dollars ($60,000.00),
and both the lot area and lot frontage are not less than eighty-five (85) percent of that required for the particular district, then structures and floor area may be added and the use
may be changed from a residential to a nonresidential use on a nonconforming lot, without requiring a variance for the lot area or lot frontage. If the value of improvements on the lot
or parcel is less than sixty thousand dollars ($60,000.00), or if either the lot area or lot frontage is less than eighty-five (85) percent of that required for the particular district,
then a variance shall be required in order to add structures or add floor area to existing buildings or change the use from a residential to a nonresidential use. Improvements which
do not add structures or floor area or change the use of the property shall be permitted, regardless of the value of structures on the property, or the lot size or frontage. For nonconforming
lots which are vacant or are proposed to be cleared and redeveloped, a variance shall be required prior to the construction of any structures or establishment of any use on the lot or
parcel.
b. The value of buildings shall be determined from the latest tax rolls on file at the Palm Beach County Property Appraiser’s Office.
D. NONCONFORMING USES OF STRUCTURES.
1. The nonconforming use of a building or other structure may be extended throughout any part of the building or structure which was clearly designed and intended for such use at the
date of the effective adoption or amendment of these regulations. Any nonconforming use which occupies a portion of a building or other structure not originally designed or intended
for such use shall not be extended to any other part of the building or structure. No nonconforming use may be extended to occupy any land outside the building or structure, nor any
additional building or structure on the same plat, which was not used for such nonconforming use at
the effective date of the adoption or amendment of these regulations.
2. No structure used for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions
of this chapter [ordinance]. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of nonbearing walls, fixtures or other interior alterations,
shall be permitted each year in an amount not to exceed twenty-five (25) percent of the assessed value of the building or structure for that year as determined by the Palm Beach County
Property Appraiser, subject to the provisions of the preceding paragraph and provided such work does not increase the cubic volume of the structure, the floor area devoted to the nonconforming
use or the number of dwelling units. Nothing in these regulations shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied
by nonconforming use.
E. NONCONFORMING STRUCTURES. The lawful existence of a structure or building at the effective date of the adoption or amendment to these regulations, although such structure or building
does not conform to the building and site regulations of these regulations for minimum lot area and dimensions, minimum yard setback requirements, maximum building height, total floor
area requirements, or other characteristics of the structure, or its location on the lot, may be continued so long as it remains otherwise lawful. A nonconforming structure or building
(as opposed to a structure or building used for a nonconforming use) may be maintained and repaired, but it shall not be added to or altered in a fashion so as to increase the extent
to which the structure or building is in violation of applicable regulations. A nonconforming structure or building may be added or altered if such alteration or addition does not in
itself constitute a further violation of existing regulations.
F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an extent that the cost of rebuilding, repair and reconstruction will exceed seventy (70) percent of its current
assessed valuation as determined by the Palm Beach County
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Property Appraiser, or for any reason is moved any distance, it shall not again be used or reconstructed except in conformity with the provisions of these Land Development Regulations.
G. CONTINUANCE, DISCONTINUANCE OR CHANGE OF NONCONFORMING USE.
1. A nonconforming use of land or structure shall not be changed to any other use except one which would be permitted as a conforming use in the district in which the land or building
is located. However, no change shall be required in the plans, construction, or designed use of any structure for which a building permit was lawfully issued pursuant to Chapter 20
of the Land Development Regulations, and upon which construction has actually begun prior to the effective date of the adoption or amendment of these regulations.
2. Any part of a structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use.
3. If for any reason a nonconforming use of land, structure or any part thereof ceases or is discontinued for a period of more than six (6) consecutive months, except when government
action impedes access thereto, the land shall not thereafter be used for a nonconforming use.
H. STATUS OF EXISTING USES REQUIRING CONDITIONAL USE APPROVAL. Any use or structure in lawful existence at the time of adoption or amendment of these zoning regulations which would
thereafter require a conditional use approval under its provisions shall be construed to be a nonconforming use. Such uses or structures may become conforming upon application, review,
and approval as a conditional use according to the procedures and standards set forth in these zoning regulations for conditional use approvals. However, if approval of a conditional
use is not granted for such use or structure, then it shall continue to be construed as nonconforming. Any enlargement, increase, extension, or intensification of a use or structure
which would require such approval as if it were a new use or structure. Any alteration or movement of such use which the development director finds does not enlarge, increase, extend,
or intensify the use, shall not require conditional use approval, but shall conform to all other applicable provisions contained in the Boynton Beach Land Development Regulations.
(Ord. No. 96-51, § 8, 1-21-97; Ord. No. 01-48, § 2, 9-4-01; Ord. No. 04-027, § 7, 4-20-04)
Sec. 11.2. Conditional uses.
A. SCOPE. Where zoning district regulations indicate that a use is allowed as a conditional use, the procedures, requirements, and standards set out in this section shall apply.
B. DEFINITION. A conditional use is a use that would not be appropriate generally, or without restriction, throughout a zoning classification or district. Such uses however, if controlled
as to area, location, number, or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity, and safety
of the city. Such uses may be allowed in a zoning classification or district as a conditional use if specific provision for such a conditional use is made in these zoning regulations.
C. PROCEDURES. Any person, firm or corporation owning property within the City of Boynton Beach, desiring to obtain a conditional use, shall proceed in the following manner:
1. The owner shall submit an application to the planning director, on forms prescribed by the director. Designation of a person other than the owner to sign the application shall
be in writing and attached to the application. Each application shall be accompanied by a fee as adopted by resolution of the City Commission payable to the City of Boynton Beach, Florida.
2. The planning director shall then refer the application to the planning and development board for a public hearing in accordance with the following:
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a. The owners of all property located four hundred (400) feet surrounding the subject parcel shall be notified.
b. The ownership of all the surrounding properties as submitted by the applicant, shall be reviewed by the city clerk, who shall notify the owners by regular mail of the date and
purpose of the public hearing. Mailing shall be at least ten (10) days in advance of the public hearing so that owners may be represented in person, or by proxy. For notification purposes,
the owners of property shall be those recorded on the latest official county tax rolls.
c. Notice of the public hearing shall also be advertised in a newspaper published in this city at least ten (10) days in advance of the hearing.
3. After holding a public hearing and reviewing the application, the planning and development board, subject to the standards of subsection D below, may approve (with or without conditions
and safeguards) specifying a time limit within which the conditional use must be developed, or it may deny the conditional use. A written report of the board’s findings shall be forwarded
to the City Commission.
4. Upon receipt of any report and recommendation, the City Commission at a regular meeting shall review the application, and subject to the standards of subsection D below, may approve
(with or without conditions and safeguards) specifying a time limit within which the conditional use must be developed, or it may deny the conditional use.
5. After receiving approval from City Commission, the applicant may proceed to furnish the necessary information to the development department for obtaining building permits. The
development department shall not issue a building permit unless such permit conforms in every respect to the conditional use as approved by City Commission.
D. STANDARDS FOR EVALUATING CONDITIONAL USES. The planning and development board and City Commission shall
consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon
the faithful adherence to and fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks,
as shall be determined necessary for the protection of the surrounding area and the citizens’ general welfare, or deny conditional uses when not in harmony with the intent and purpose
of this section. In evaluating an application for conditional use, the board and commission shall consider the effect of the proposed use on the general health, safety and welfare of
the community and make written findings certifying that satisfactory provision has been made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
2. Off-street parking and loading areas where required, with particular attention to the items in subsection D.1. above, and the economic, glare, noise, and odor effects the conditional
use will have on adjacent and nearby properties, and the city as a whole.
3. Refuse and service areas, with particular reference to the items in subsection D.1. and D.2. above.
4. Utilities, with reference to locations, availability, and compatibility.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties.
7. Required setbacks and other open spaces.
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8. General compatibility with adjacent properties, and other property in the zoning district.
9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards, Section 4.N of Chapter 2; also, conformance to the City of Boynton Beach Noise
Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances.
13. Required analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis:
a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met.
b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/ equipment.
c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials
to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used.
d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment.
E. TIME LIMITATION; EXTENSION OF CONDITIONAL USES.
1. When the City Commission approves a conditional use, it shall establish a time limit within which a conditional use may be developed. In the event that the conditional use is not
developed within said time limitation, it shall expire unless improvements representing twenty-five (25) percent of the total cost of all improvements to be used in developing a conditional
use have been constructed on the property.
2. The City Commission may extend a conditional use approval in accordance with the standards set forth herein. If the City Commission does grant approval for an extension of a conditional
use, it shall also set a time period for such extension, and in the event that development has not progressed to the extent specified in subsection E.1. above at the expiration of the
time period, then the extension shall be deemed to have expired. However, an applicant may apply for more than one (1) extension of a conditional use.
a. An application for an extension of a conditional use shall be submitted to the planning director on forms prescribed by the director not less than forty-five (45) days prior to
its expiration. Each application for extension shall be accompanied by a fee as adopted by resolution of the City Commission, payable to the City of Boynton Beach, Florida. The planning
director, upon receipt of a properly completed application, shall forward the same to the planning and development board which shall make a recommendation to the City Commission to either
approve or deny the extension request. If the recommendation of the planning and development board is for approval, it shall also recommend a time period for the extension.
b. In evaluating applications for extensions, the City Commission and planning and development board shall use the following standards:
(1) Where there are substantial physical improvements on the land. Development
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approval for any extension is granted by the city only to enable an applicant to complete development and construction of a project as opposed to permitting a land speculator to retain
an approval to more readily sell the land. Thus, consideration shall be given to applicant’s genuine desire to physically develop the land involved as evidenced by his diligence and
good faith efforts to actually commence and complete construction of the project for which original approval was granted. In determining good faith, some factors to be considered are:
The extent to which construction has commenced, when construction has occurred (construction which is commenced immediately preceding expiration generally indicating a lack of good faith),
and the extent to which there has been a bona fide continuous effort to develop but because of circumstances beyond the control of the applicant, it was not possible to meet the time
limitation referred to in subsection E.1. above.
(2) When the land has not been substantially physically improved or the applicant has not met the standards of E.2.b.(1) above. The application shall be evaluated in accordance
with the criteria set forth in Section 11.2D. which relates to an original application to be considered under this subsection, the planning director may require the submission of such
additional and current information as he may deem appropriate to evaluate the application. The additional and current information requested shall be of the same type as is required under
Section 11.2F. for an original conditional use application.
(3) When a conditional use expires and no extension has been approved. Any building permits outstanding with reference to such conditional use shall also expire, unless as to a
particular permit, construction has commenced as defined in Chapter 5 of this Code.
F. CONTENTS OF THE CONDITIONAL USE APPLICATION. Applications for conditional use shall contain the following items, where applicable:
1. Statement of the applicant’s interest in the property to be developed, including a copy of the last recorded warranty deed, and a certificate from an attorney-at-law or a title
insurance company certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein, and
a. If joint and several ownership, a written consent to the development proposal by all owners of record, or
b. If a contract purchase, a copy of the purchase contract and written consent of the seller/owner, or
c. If an authorized agent, a copy of the agency agreement and written consent of the principal/owner, or
d. If a lessee, a copy of the lease agreement and written consent of the owner, or
e. If a corporation or other business entity, the name of the officer or person responsible for the application, and written proof that said representatives have the delegated authority
to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation.
2. Legal survey, prepared by a surveyor registered in the State of Florida, showing an accurate legal description of the subject property, and the total acreage computed to the nearest
one-tenth (1/10) of an acre.
3. Vicinity map showing the location of the subject property in relation to the surrounding street system.
4. Drawing showing the location of all property lying four hundred (400) feet surrounding the subject parcel, and a complete list of the property owners’ names, mailing addresses and
legal
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descriptions. The owners of property shall be those recorded on the latest official county tax rolls. Such list shall be accompanied by an affidavit stating that to the best of the
applicant’s knowledge, said list is complete and accurate.
5. Site plan drawn to an appropriate scale, showing the following:
a. Name of the project.
b. Name, address, and telephone number of the owner and applicant.
c. North arrow, date, and scale.
d. Legal description.
e. Location of all proposed buildings and structures, indicating their setback distances from the property lines and roadways.
f. Intended use of all buildings and structures.
g. Existing and proposed means of vehicular ingress and egress to the subject property. Indicate traffic flow and show how vehicular traffic will be separated from pedestrian and
other types of traffic.
h. Location of off-street parking and loading areas, showing the number of parking spaces, and the dimensions of parking aisles and driveways.
i. Location of all utility lines including gas, power, sewer, water, etc.
j. Location of all buffers, fences, screens and walls, showing height and type of materials used.
k. Location of all signs indicating height, lighting, and type of materials used.
l. Location of outdoor lighting showing direction, height, and type.
m. Location of solid waste containers, refuse, and service areas, indicating dimensions, type of materials used, and type of screening.
n. Site development date, including:
(1) Zoning district
(2) Area of subject property sq. ft. acres.
(3) Type of development
(4) Parking spaces required
(5) Parking spaces provided
(6) Ground floor building area sq. ft. % of site.
(7) Total floor area sq. ft. % of site.
(8) Landscape area sq. ft. % of site.
(9) Parking and street area sq. ft. % of site.
(10) Building heights ft. stories
If the proposed project is a residential development, the following additional data shall be shown:
(11) Number of dwelling units
(12) Gross density
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(13) Number and type of dwelling units:
(a) Efficiency
(b) One bedroom
(c) Two bedroom
(d) Three bedroom
(e) Four bedroom
(f) Total number of units
(14) Floor area of each type of dwelling unit:
(a) Efficiency sq. ft.
(b) One bedroom sq. ft.
(c) Two bedroom sq. ft.
(d) Three bedroom sq. ft.
(e) Four bedroom sq. ft.
(15) Indicate the total area of the following:
(a) Principal buildings sq. ft. % of site.
(b) Accessory buildings sq. ft. % of site.
(c) Recreation areas sq. ft. % of site.
(d) Water bodies sq. ft. % of site.
(e) Golf course sq. ft. % of site.
o. Any other information necessary to establish compliance with the section. Furthermore, any information required for site plans in accordance with Chapter 4 of the City of Boynton
Beach Land Development Regulations shall also be required.
(Ord. No. 01-09, § 2, 2-6-01)
Sec. 12. Interpretation and purpose.
In interpretation and application of this ordinance, the provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general
welfare of the community. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however,
that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required
by other ordinances, rules, regulations or by easements, covenants or agreements the provisions of this ordinance shall control; and provided further that this ordinance shall not be
construed as superseding any special act of the legislature relative to the subject matter of this ordinance. If, because of error or omission in the zoning map, any property in the
city is not shown as being in a zoning district, the classification of such property shall be R-1-A single-family, unless changed by amendment to this ordinance.
Sec. 13. Existing bulkhead line ratified and
confirmed.
The bulkhead line heretofore established with the city limits by Ordinance No. 289 of the city, in accordance with Map No. R-56-006 entitled "Bulkhead Line of the City of Boynton Beach,
Florida" dated September, 1956, is hereby ratified and confirmed and said map is hereby adopted by reference and made part hereof. There shall be no bulkhead, seawall, or other structure
for land filling
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into the water of Lake Worth, which shall extend eastward from the existing shoreline other than as shown on the map referred to above.
Sec. 14. Bulkhead line; permit required for land
filling.
It shall be required, prior to commencing any operation for land filling within the area as shown on the map described in Section 13, a permit for land filling, all of which shall be
in accord with the directions and approval by the City Commission. The improvement, or fill, shall have a minimum elevation of not less than six (6) feet above mean sea level according
to the current U.S. Government Geodetic Survey. Any such applicant shall also be required to comply with all rules, regulations, or other requirements of the Trustees of the Internal
Improvement Fund of the State of Florida, U.S. Army Engineers or other governmental body regulating land filling operations of the above nature.
Sec. 15. Conflict of interest.
No member of these boards shall have any interest, financial or otherwise, direct or indirect, or engage in any business transaction or professional activities or incur any obligation
of any nature which is in conflict with the proper discharge of his duties in the public interest.
Sec. 16. Bed and breakfast.
A. PURPOSE. It is the purpose of this section to provide a minimum set of standards to allow bed and breakfast establishments within certain zoning districts of the city, while setting
forth criteria to differentiate them from boarding or rooming houses. Bed and breakfast establishments shall be approved through the Department of Development and City Commission by
special land use and building permit procedures.
B. REGULATIONS AND STANDARDS:
1. "Bed and breakfast establishment" shall be defined as follows: A private owner occupied residence having more than three and less than ten guest units. The bed and breakfast
establishment is subordinate and incidental to the main residential use of the building.
2. In addition to the requirements of the underlying zoning district, all other applicable general regulations, parking regulations, special conditions imposed through the conditional
use process, and local, state and federal building codes, the following requirements shall apply to bed and breakfast establishments:
a. Each application to the Department of Development shall be accompanied by:
(1) A detailed site plan illustrating the location of all structures and improvements, parking, buffering, landscaping the location of guest units and guest parking spaces and signs
shall be submitted for conditional use approval by the city.
(2) Floor plans drawn to scale showing each of the guest units to be designated and the access to, and egress from, each such unit. All walls separating guest units in a structure
shall be fireguarded to the two hour time limit.
(3) Where exterior changes are proposed, an elevation, or other visual representation, of the facade to be changed sufficient to show the architectural character of the dwelling
is maintained as a single family structure. Efforts should be made to ensure the structure is consistent with the integrity of the neighborhood in which it is located.
b. Zoning restrictions: Such facilities shall be allowed only upon land that is zoned for residential structures.
c. Licenses and permits: The establishment shall obtain all required business
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licenses and health permits and shall otherwise comply with all building, sign, sanitary and fire codes. Prior to obtaining a business tax receipt, which shall be renewed annually,
the City Building Official shall conduct an inspection of the property to determine compliance with the current requirements of the City’s Land Development Regulations and State Building
Codes.
d. Parking: Required parking spaces shall be calculated on the basis of one space per each employee, manager or owner and one parking space for each guest unit. Newly created parking
may be located only in the rear and side yard.
e. Common Area: Within each bed and breakfast establishment, a common area must be provided for a central dining area and for at least one sitting/reading/discussion room.
f. Number of units: The number of bedrooms and bathrooms provided should be as existed when the structure was originally constructed, including additions, unless modifications are
necessary to comply with Building, Fire and/or Health Codes.
g. Restrictions on use and employees:
(1) Except as hereinafter provided, there shall be no cooking facilities or food storage in any guest unit. Breakfast shall be the only meal provided for paying overnight guests.
The breakfast meal shall not be served after 11:00 a.m.
(2) The maximum stay for each individual who is using the facility shall be 14 consecutive days and not more than 14 days during any 45-day period. The owner and/or manager shall
maintain a guest book, which accurately identifies all customers for each night’s lodging. This register of guests shall be available to City Inspectors during reasonable business hours.
(3) The owner of the bed and breakfast establishment must reside in the inn or elsewhere on the premises.
h. Signage: All signs shall conform to the regulations of the underlying zoning district.
i. Items for sale: Commercial social events and sale and/or display of merchandise is prohibited in the bed and breakfast establishment.
j. Existing kitchenettes within one or more guest units of a bed and breakfast establishment are considered within the scope of this section and will not have to be removed.
(Ord. No. 98-42, § 1-2, 12-1-98; Ord. No. 00-47, § 1-2, 9-19-00; Ord. No. 06-096, § 2, 1-2-07)
Sec. 17. Sidewalk café.
A. DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except when the context clearly indicates
a different meaning.
Permittee shall mean the lawful holder of a sidewalk café permit obtained pursuant to the terms and provisions of this article.
Right-of-way shall mean land in which the state, the Florida Department of Transportation, Palm Beach County or the City of Boynton Beach owns or has an agreement devoted to or required
for use as a transportation facility or street.
Sidewalk shall mean that portion of the right-of-way which is located between the curbline or the lateral line of a street and adjacent property line and which is intended for use by
pedestrians.
Sidewalk café shall mean the placing, locating, or permitting of the placing and locating of chairs and tables within the sidewalk area adjacent to a business licensed to operate as
a restaurant or a nightclub as defined in the Code.
Street means that portion of a right-of-way improved, designed or ordinarily used for vehicular traffic or parking.
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B. PERMIT REQUIRED. It shall be unlawful for any person to operate a sidewalk café abutting any sidewalk or public right-of-way within the city without obtaining a permit as required
by this article. Sidewalk cafés shall be located only where permissible as prescribed herein. No person shall establish a sidewalk café abutting any sidewalk unless such person has
obtained a valid permit for a sidewalk café pursuant to this article.
Thirty (30) days from the effective date of this article, any person or entity operating a sidewalk café without a permit or any property owner allowing the operation of a sidewalk
café without a permit upon his/her/its property shall be subject to penalties as provided in this article.
C. GEOGRAPHIC LIMITATION. Sidewalk cafés shall be limited to the boundaries of Community Redevelopment Area zoning districts which allow restaurants or nightclubs, subject to any limitations
or restrictions of the particular zoning district.
D. PERMIT FEE.
1. The annual permit fee for establishing or maintaining a sidewalk café shall be $3.75 per seat with a minimum charge of $93.00.
2. The permit fee shall be paid on or before October 1st and shall cover the time period from October 1st through September 30th of the following calendar year, provided, however,
that for the 2001-2002 year; the fee shall be due and payable on or prior to operation and prorated for the year. No permit shall be issued for any fractional portion of the year; provided,
however, that any person or entity operating a sidewalk café for a period beginning after April 1st, may obtain a permit for the remaining portion of the fiscal year upon payment of
one-half of the permit fee required by this article. No refund of fees shall be allowed.
3. The permit fees collected pursuant to this section from sidewalk cafés located in the City of Boynton Beach shall be placed in the general revenue fund.
E. PERMIT APPLICATION.
1. Application for a permit to operate a sidewalk café shall be made at the Department of Development Office of Business Tax Receipts. Such application shall include:
a. Name, address and telephone number of the applicant.
b. Name and address of restaurant/night club.
c. A copy of a valid City of Boynton Beach business tax receipt to operate a restaurant or a nightclub adjacent to the sidewalk which is the subject of the application.
d. In the case of a new or newly renovated facility, a copy of a valid certificate of completion for the building frontage adjacent to the sidewalk which is the subject of the application.
e. Evidence of insurance containing terms required under section G. of this article.
f. A drawing to scale showing the layout and dimensions of the existing sidewalk area and adjacent private property, proposed location, size and number of tables, chairs, steps, trees,
parking meters, bus shelters, sidewalk benches, trash receptacles, and any other sidewalk obstruction either existing or proposed within the pedestrian area.
g. Photographs, drawings or manufacturer’s brochures fully describing the appearance of all proposed tables, chairs, umbrellas or other objects related to the sidewalk café.
h. Written approval by the building owner as to the proposed use of the sidewalk and building frontage for a sidewalk café.
i. A nonrefundable application fee of forty dollars ($40.00).
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2. Applications shall be reviewed for compliance with city ordinances and must be approved by the CRA Board. Final approval shall be from the City Commission.
F. REQUIREMENTS OF A SIDEWALK CAFÉ PERMIT.
1. Sidewalk cafés shall be restricted to the private sidewalk frontage of the licensed restaurant or nightclub to which the permit is issued or within the private sidewalk frontage
of the building where the validly licensed restaurant or nightclub are located.
2. Tables or chairs shall be located a minimum of five (5) feet from a pedestrian crosswalk or handicap ramp, bus stop shelter, bus stop sign, taxi stand, stop sign or fire-hydrant.
3. A clear pathway, parallel with the street, with a minimum width of four (4) feet, shall be maintained for through pedestrian traffic. This requirement must be consistent with the
Landscape Code.
4. In areas of congested pedestrian activity, the City Commission is authorized to require a wider pedestrian path, as circumstances dictate.
5. Temporary objects, including landscaping, shall be permitted around the perimeter of an area occupied by tables and chairs in accordance with all other requirements of this section.
6. Tables, chairs, umbrellas, canopies, awnings, and any other objects utilized as part of the sidewalk café shall be of quality design, materials, size, elevation and workmanship
both to ensure the safety and convenience of users, and to enhance the visual quality of the urban environment. Design, materials and colors shall be approved by the CRA Board and City
Commission prior to the issuance of the sidewalk café permit.
7. Awnings, umbrellas and other decorative material shall be fire-retardant, pressure treated or manufactured, or fire resistant material.
Signs on awnings, umbrellas, chairs, tables and any other fixtures which are placed on the public right-of-way shall be limited to the name of the principal use. Lettering may not exceed
four (4) inches in height.
8. All tables, chairs, umbrellas, canopies, awnings, and any other objects as part of the sidewalk café shall meet the following minimum design standards:
a. Contribute to the aesthetic appearance of the area where the sidewalk café is proposed by promoting the design and color theme applicable to that area;
b. Contribute to the efforts of community identity and redevelopment;
c. Not constitute or create traffic or pedestrian hazards; and
d. Respect Community standards relative to decency and obscenity.
9. Prior to forwarding the application to the CRA Board, the CRA Director or designee shall certify that there are no outstanding fines, moneys, fees, taxes or other charges owed to
the City by the current or past owners or operators of the property requesting a sidewalk café permit. A sidewalk café permit will not be issued until all outstanding debts to the city
are paid in full.
10. One (1) menu board only shall be permitted and limited to a maximum of four (4) square feet. The menu board location shall be shown on the permit. The menu board shall not be
a sandwich sign.
11. Any food service establishment that qualifies under the conditions of this article may redesign the face of their establishment to allow for doors or panels that permit the establishment
to have totally open sides allowing for an indoor/outdoor "café" design. These changes in the building can only be made after a proper building permit is issued, said changes otherwise
comply with this Code, and all appropriate fees paid.
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G. LIABILITY AND INSURANCE.
1. The permittee agrees to indemnify, defend, save and hold harmless the city, its officers and employees from any and all claims, liability, lawsuits, damages and causes of action
which may arise out of this permit, or the permittee’s activity on the premises by executing a written hold harmless agreement.
2. The permittee agrees to meet and maintain for the entire permit period, at his/her own expense, the following requirements:
a. Commercial general liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage. The city must be named as an
additional insured on this policy, and an endorsement must be issued as part of the policy reflecting this requirement.
b. Worker’s compensation and employer’s liability as required by the state.
c. All policies must be issued by companies authorized to do business in the state and rated B+: VI or better per Best’s Key Rating Guide, latest edition.
d. The city must receive thirty (30) days written notice prior to any cancellation, nonrenewal or material change in the coverage provided.
e. The permittee must include in the application an original certificate of insurance as evidence that the above requirements have been met. Failure to maintain these requirements
shall justify a suspension or revocation of a sidewalk café permit by the city manager.
3. The permit period shall run and insurance requirements as described in subsection b. above shall be effective from October 1st until September 30th of the following calendar year.
H. SIDEWALK CAFÉ PERMITS.
1. Each permit shall be effective for one (1) year from October 1st until September 30th, subject to annual renewal.
2. The permit may be temporarily suspended by the City, when necessary to clear sidewalk areas for a "community or special event" authorized by a permit issued by the Leisure Services
department.
3. The City may require the temporary removal of sidewalk cafés when street, sidewalk, or utility repairs necessitate such action.
4. The City and/or an authorized police officer of the City may cause the immediate removal or relocation of all or parts of the sidewalk café in emergency situations.
5. The City and its officers and employees shall not be responsible for sidewalk café components relocated during emergencies.
6. The permit shall be specifically limited to the area shown on the "exhibit" attached to and made a part of the permit. The City shall have the right to remove without notice, any
tables, chairs or other objects not in the permit area.
7. The permittee shall act to assure that its use of the sidewalk in no way interferes with sidewalk users or limits their free unobstructed passage. The City may require relocation
of tables, chairs and other objects at any time for safety or pedestrian flow consideration.
8. The sidewalk café shall be open for use by the general public, although such use may be restricted by the permittee to the patrons of the permittee.
9. Permittees holding a business tax receipt or certificate of use limited to take-out food shall not be permitted to provide table service on the sidewalk. This provision shall not
include an ice cream shop or coffee bar which is duly licensed for eat-in service.
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10. Tables, chairs, umbrellas, and any other objects permitted as part of a sidewalk café shall be maintained with a clean and attractive appearance and shall be in good repair at
all times.
11. The sidewalk area covered by the permit and sidewalk and roadway immediately adjacent to it shall be maintained in a neat and orderly appearance at all times, and the area shall
be cleared of all debris as needed during the day, and again at the close of each business day.
12. No signs other than those permitted herein shall be permitted in the public right-of-way.
13. No tables, chairs or any other parts of sidewalk cafés shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture, curb or sidewalk within or
near the permitted area. No additional outdoor seating authorized herein shall be used for calculating seating requirements pertaining to location of, applications for, or issuance
of liquor license for any establishment use area and/or seating capacity realized through the sidewalk café use and contiguous outdoor dining shall not invoke provisions of the Zoning
Code as they pertain to parking or other matters, with the exception of capital facilities fees which will be assessed per seating.
14. The area between the exterior walls of a restaurant or a nightclub and the edge of sidewalk shall be designated as public space. The placement of tables and chairs in this public
space shall not constitute a building improvement which otherwise triggers structural improvements to the operating business under the provisions of the Southern Building Code or any
state statute. In the event an operator of a restaurant or a night club creates a sidewalk café pursuant to the terms of this section and such creation entails actual structural improvements
to any portion of the structure other than the permanently obstructed ingress or egress to the restaurant or nightclub then, in that event, all applicable provisions of the Southern
Building Code or state statutes necessitating improvements to the property shall apply.
15. No food preparation fire, or fire apparatus, shall be allowed on the public sidewalk, other than that employed in the course of ordinary tableside service, including but not limited
to menu items which require table preparation, whether or not such area is covered by this permit.
16. Upon the issuance of a "Hurricane Warning" or "Hurricane Watch" by the authorities, the permittee shall forthwith remove and place indoors all tables, chairs, awnings and other
equipment located on the sidewalk.
I. APPROVAL, DENIAL, REVOCATION OR SUSPENSION OF PERMIT; REMOVAL AND STORAGE FEES; EMERGENCIES.
1. Sidewalk café applications shall be reviewed with standards enumerated in this article.
2. The approval of a sidewalk café permit is conditional at all times. A sidewalk café permit can be denied, revoked or suspended if:
a. Any necessary business or health permit has been suspended, revoked or cancelled.
b. Any current violation of the City Code, County Code or State Law on the premises has been found.
c. The permittee exceeds the approved square footage by placing any additional tables, chairs, etc., beyond the approved area.
d. Changing conditions of pedestrian or vehicular traffic causes congestion necessitating removal of the sidewalk café. Such decisions shall be based upon findings of the City CRA
Director that the minimum four-foot pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety or general welfare of pedestrians or vehicular
traffic.
e. The permittee has failed to correct any violations of this article or conditions of
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Zoning 85
the permit within twenty-four (24) hours of receipt of the city notice of same delivered in writing to the permittee.
f. In the event the permittee fails to remove any tables, chairs, and other objects related to the sidewalk café within twenty-four (24) hours of receipt of the city notice of the
denial, revocation or suspensions, the city may remove said objects. The permittee shall be responsible for the expenses incurred by the city for the removal and storage of said objects.
2. Upon approval or denial of the permit, the city shall give written notice of such action to the permittee.
3. Approval or denial of the permit by the CRA shall be placed on the next City Commission consent agenda for review.
4. Revocation or suspension shall be placed on the next CRA agenda and its decision placed on the next City Commission consent agenda for review.
5. If the CRA director believes that a permittee has engaged or is engaged in conduct warranting the suspension or revocation of the permit, he shall serve the permittee by certified
mail or hand delivery, at the business address as disclosed in the application for the permit, a written notice of ordinance violation which affords reasonable notice of facts or conduct
which warrant the intended action, and a reasonable time for the permittee to cure the violation. The complaint shall state what is required to be done to eliminate the violation, if
any. The permittee shall be given adequate opportunity to request a review as provided herein, unless the City Manager finds that an emergency condition exists involving serious danger
to the public health, safety and welfare, in which case advance notice and hearing shall not be required. In the case of an emergency suspension or revocation, the licensee shall immediately
be advised of the City Manager’s action. In the event the permittee does not cure the violation
within the reasonable time designated by the City Manager, the case shall be placed on the CRA Board agenda. Final decision of the CRA Board shall be placed on the next City Commission
agenda for review. In emergency suspension or revocation, a review as provided herein shall follow as soon as practicable.
6. Appellate provisions: Any aggrieved party may appeal a final decision of the City Commission under this chapter by writ of certiorari as provided in the Land Development Regulations
Chapter 1, Article 7, Section 4.
J. PENALTIES. The following civil fines shall be imposed for violators of this article:
First citation $100
Second citation
(within a 1-year period) 250
Third citation
(within a 1-year period) 500
K. RECOVERY OF UNPAID FINES; UNPAID FINES TO CONSTITUTE LIEN; FORECLOSURE.
1. The Code Compliance Board shall have the power and jurisdiction to hold hearing for recovery of unpaid fees under this chapter as mandated under Article 5 of Chapter 2 of this Code.
The Board at its option may impose liens as provided in Article 5 of Chapter 2.
2. The City of Boynton Beach may institute proceedings in a court of competent jurisdiction to compel payment of civil fines.
L. APPLICATION. In the event of any conflict between the provisions of this chapter and any other sections of the Code, the provisions of this chapter shall prevail.
(Ord. No. 01-16, § 4, 3-20-01; Ord. No. 06-096, § 2, 1-2-07)
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Sec. 18 Urban central business district.
A. The City Commission of the City of Boynton Beach, Florida hereby designates the current central business area hereinafter described as a urban central business district as that term
is defined by Florida Administrative Code Rule 28-24.014(10)(c)1. The land that shall comprise the urban central business district is bordered on the east by the Intracoastal Waterway,
excluding all lands designated with a conservation overlay on the city’s future land use map, and city lands utilized for stormwater retention; on the west by the Florida East Coast
Railroad right-of-way, on the north by northeast 6th Avenue, and on the south by S.E. 2nd Avenue and consists of approximately eighty-three (83) acres. These boundaries shall be utilized
for increased development-of-regional-impact guidelines and standards, consistent with the criteria of this section. The area is further delineated in map format on Ordinance No. 03-054,
Exhibit "A."
B. The urban central business district is consistent with the City of Boynton Beach Comprehensive Plan and Future Land Use map intensities, and has a land use designation of Mixed Use
(MX), eligible for Mixed Use Core (MXC) and a zoning district designation of CBD, which is eligible for Mixed Use High (MUH).
C. The urban central business district is wholly within the jurisdictional boundaries of the City of Boynton Beach.
D. The future land use and zoning designation allow for high intensity multi-use development within the proposed district.
E. Within the urban central business district, the DRI guidelines and standards set forth in Florida Administrative Code Rule 28-24.014(10), as they may be amended from time to time
shall apply to the development approved by the city.
(Ord. No. 03-054, §§ 2–6, 12-2-03)
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