O98-42ORDINANCE NO. O98-4Z,~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 2 ZONING, OF THE BOYNTON BEACH
LAND DEVELOPMENT REGULATIONS, PROVIDING
FOR THE ESTABLISHMENT OF BED AND BREAKFAST
ESTABLISHMENT AS A CONDITIONAL USE;
CREATING A NEW SECTION ENTITLED "BED AND
BREAKFAST", PROVIDING A DEFINITION FOR "BED
AND BREAKFAST ESTABLISHMENT"; PROVIDING FOR
APPLICATION REQUIREMENTS AND FOR STANDARDS
FOR ISSUANCE OF A CONDITIONAL USE; PROVIDING
FOR CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida,
based upon recommendation of staff, has determined that Bed and Breakfast
Establishments should be permitted as a 'conditional use in residential zoning
districts and the zoning code should be amended to provide for such use and
establish standards in granting the use.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. 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 "~-,,,~,--, ~,-,-,-~
~.~ ....... ~ ,,w.,~ Department of Development and City
Commission by special land use .and building permit procedures.
~ection 2. Regulations and Standards:
A. Bed and Breakfast Establishment shall be defined as follows: A
private owner occupied residence having more than three and less than ten
guest bedrooms units. The bed and breakfast establishment is subordinate and
incidental to the main residential use of the building.
B. In addition to the requirements of the underlying zoning district, all
other applicable general regulations, parking regulations, special conditions
~mposed through the conditional use process, and local, state and federal
building codes,, the following requirements shall apply to Bed and Breakfast
Establishments:
1. Each application .to the Department of Development shall be
accom panied by:
a. A detailed site plan illustrating the location of all structures
and improvements, parking, buffering, landscaping the location of guest
rooms/units and guest parking spaces and signs shall be submitted for
conditional use approval by the City.
b. Floor plans drawn to scale of the dwelling unit showing each
of the bed and breakfast units to be designated and the access to, and egress
from, each such unit. All walls separating bed and breakfast units in a structure
shall be fireguarded to the 2 hour time limit.
c. 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.
2. Zoning restrictions: Such facilities shall be allowed only upon land
that is zoned for residential structures.
3. Licenses and permits: The establishment shall obtain all required
business licenses and health permits and shall otherwise comply with all building,
sign, sanitary and fire codes. Prior to obtaining an occupational license, 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.
4. 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 room/unit. Newly created parking may be located only in the rear
and side yard.
5. Common Area: Within each Bed and Breakfast establishment, a
common area must be provided for a central dining area and for at least one (1)
sitting/reading/discussion room.
6. 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.
7. Restrictions on Use and Employees:
a. There shall be no cooking facilities or food storage in any
rental room/unit. Meals shall .be served by the Manager and/or owner only to
the Manager and/or owner, and nonpaying bonafide guests of the manager
and/or owner. Breakfast .shall be served by the Manager and/or Owner and shall
be the only meal provided for paying guests who are using the facility overnight
~,,~, ~,,~,, s~o. The breakfast meal shall not be served after 1:[:00 A.M.
b. The maximum stay for each individual who is using the
facility shall be fourteen (14) consecutive days and not more than fourteen (14)
days during any ninety (90) 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. Check-in and check-out shall take place between
8:00 A.M. and 8:00 P.M. only.
c. The owner of the bed and breakfast establishment must
reside in the inn or elsewhere on the premises.
8. Signage.' All signs shall conform to the regulations of the
underlying zoning district.
9. Items for Sale' Commercial social events and sale and/or display of
merchandise is prohibited in the bed and breakfast establishment.
"'"'"'"'-"-" ~'~,,,,-,,~,,,- ~,, ~ ..... ,~,., ,~ v, ~,,,., ,_,,,~,,,~,,,.,.. One room cottages with
existing kitchenettes would be considered within the sco~e of this Ordinance an~l
will not be required to remove the kitchenettes.
Section 3. All other provisions of Chapter 2 - Zoning, of the Boynton
Beach Land Development Regulations, not herein specifically amended shall
remain in full force and effect, as previously enacted.
_Section 4. All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
Section 5. Should any section or provision of this ordinance or portion
hereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, 'such decision shall not affect the remainder of this
ordinance.
Section 6.
Section 7.
passage.
FTRST READING this ~ day of /f/~/,/~,~,~,~--_~, , 1998.
SECOND, FINAL READING AND PASSAGE this /
1998.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective immediately upon
day of
A"I-FEST:
Clerk
""(/ice MaWr ~ / ~
Commissioner