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10-0251 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ORDINANCE 10- U a 5 ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA DELETING THE CURRENT PART III, "LAND DEVELOPMENT REGULATIONS" IN ITS ENTIRETY; ADOPTING A NEW PART III WITH AMENDMENTS TO CHAPTER 1, "GENERAL ADMINISTRATION ", ARTICLE 1, "GENERAL PROVISIONS ", ARTICLE II, "DEFINITIONS ", ARTICLE III, "RELATIONSHIP TO COMPREHENSIVE PLAN ", ARTICLE IV, "REDEVELOPMENT PLANS ", ARTICLE V, "HOUSING INITIATIVES ", ARTICLE VI, "CONCURRENCY MANAGEMENT SYSTEM ", ARTICLE VII, "ADMINISTRATIVE AND DECISION MAKING BODIES ", ARTICLE VIII, "APPEALS", ARTICLE IX, "NOTICE OF INTENT ", CHAPTER 2, "LAND DEVELOPMENT PROCESS ", ARTICLE I, "OVERVIEW", ARTICLE II, "PLANNING AND ZONING DIVISION SERVICES", ARTICLE 111, "ENGINEERING DIVISION SERVICES", ARTICLE IV, "BUILDING DIVISION SERVICES ", ARTICLE V, "BUSINESS TAX SERVICES ", ARTICLE VI, "IMPACT AND SELECTED FEES ", CHAPTER 3, "ZONING", ARTICLE 1, "OVERVIEW ", ARTICLE II, "GENERAL PROVISIONS ", ARTICLE III, "ZONING DISTRICTS AND OVERLAY ZONES", ARTICLE IV, "USE REGULATIONS", ARTICLE V, "SUPPLEMENTAL REGULATIONS ", CHAPTER 4, "SITE DEVELOPMENT STANDARDS", ARTICLE 1, "ENVIRONMENTAL PROTECTION STANDARDS ", ARTICLE II, "LANDSCAPE DESIGN AND BUFFERING STANDARDS ", ARTICLE III, "EXTERIOR BUILDING AND SITE DESIGN STANDARDS " , ARTICLE IV, "SIGN STANDARDS ", ARTICLE V, "MINIMUM OFF - STREET PARKING REQUIREMENTS ", ARTICLE VI, "PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS", ARTICLE VII, "EXTERIOR LIGHTING STANDARDS ", ARTICLE VIII, "ROADWAYS, UTILITIES, AND INFRASTRUCTURE DESIGN STANDARDS ", ARTICLE IX, "BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS", ARTICLE X, "FLOOD PREVENTION REQUIREMENTS" AND ARTICLE X1, "EXCAVATION AND FILL REGULATIONS"; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, staff has been working on a comprehensive update to the City's Land Development Regulations; and WHEREAS, in the past, amendments to the Land Development Regulations were incremental and reactive however staff will be promoting a more proactive Land Development Regulation management system; and S \CA \Ordinances \LDR Changes \Ord - LDR rewrite doc 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, the rewrite of the Land Development Regulations require ongoing and constant evaluation for quality control and to ensure that the original objectives are met and that standards and process further current and new City initiatives; and I WHEREAS, staff recommends the adoption of the attached Land Development Regulations as it will provide an updated and user - friendly set of regulations intended, in part, I to suppor the City's green initiatives, affordable housing goals, community appearance standards and the diverse needs of local property owners and business community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1 . That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Part I11, "Land Development Regulations ", of the Code of Ordinances of the City of Boynton Beach is hereby amended as follows: See attached Exhibit "A" Section 3 . All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4 . If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. S \CA \0rdinances \1,DR Changes \Ord - LDR rewrite doc OA 1 Section 5 . It is the intention of the City Commission of the City of Boynton Beach, 2 Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton 3 Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered 4 and the word "ordinance" may be changed to "section," "article," or such other appropriate word or 5 phrase in order to accomplish such intentions. 6 Section 6 . This Ordinance shall be effective immediately after adoption by the City 7 Commission. n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 7!i PASSED FIRST READING this Ito day of oV. , 2010. SECOND AND FINAL READING ADOPTED this ?day of C , 2010. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jose R guez Vice r — ene Ross F Commissi er — William Orlove Commissioner — Woodrow L. H ommissioner — n Holzman ATTEST: Jane M. Prainito, MMC Clerk (Corporate Seal) S' \CA \Ordinances \LDR Changes \Ord - LDR rewrite.doc 3 GENERAL ADMINISTRATION PART III. LAND DEVELOPMENT REGULATIONS 1 2 CHAPTER 1. GENERAL ADMINISTRATION. 3 CHAPTER 2. LAND DEVELOPMENT PROCESS. 4 CHAPTER 3. ZONING. 5 CHAPTER 4. SITE DEVELOPMENT STANDARDS. 6 7 * 8Editor's note—Ordinance No. 095-02, adopted April 4, 1995, created comprehensive land development 9regulations through repeal, and renumbering. Since the ordinance did not follow the format used in this Code, 10it has been set out as enacted and amended herein. Amendments have been worked into their proper places 11and amended or repealed provisions deleted. Amendatory ordinances are cited in parentheses ( ) following the 12section amended. The absence of such citation indicates that the section has not been amended and is as 13originally enacted by Ord. No. 095-02. 14 15Chapter 1.General Provisions 16Chapter 1.5.Planning and Development Generally 17Chapter 2.Zoning 18Chapter 2.5.Planned Unit Development 19Chapter 3.Master Plan Review 20Chapter 4.Site Plan Review 21Chapter 5.Platting 22Chapter 6.Required Improvements 23Chapter 7.Surety 24Chapter 7.5.Environmental Regulation 25Chapter 8.Excavation and Fill Regulations 26Chapter 9.Community Design Plan 27Chapter 10.Telecommunication Towers and Antennas 28Chapter 12.Reserved 29Chapter 13.Reserved 30Chapter 14.Reserved 31Chapter 15.Reserved 32Chapter 16.Reserved 33Chapter 17.Reserved 34Chapter 18.Reserved 35Chapter 19.Reserved 36Chapter 20.Buildings, Housing, and Construction Regulations 37Chapter 21.Signs 38Chapter 22.Streets and Sidewalks 39Chapter 23.Parking Lots 40 CHAPTER 1. GENERAL ADMINISTRATION. 41 42 43Article I General Provisions. 44Article II Definitions. 45Article III Comprehensive Plan. 46Article IV Redevelopment Plans. November 10, 2010 1 GENERAL PROVISIONS 1Article V Housing Initiatives. 2Article VI Concurrency Management System. 3Article VII Decision Making and Administrative Bodies. 4Article VIII Due Process and Appeals 5 6Art. I.In General 7Art. II.Definitions 8Art. III.Jurisdiction 9Art. IV.Purpose 10Art. V.Impact Fees and Dedications 11Art. VI.Land Development Fees 12Art. VII.Appeals 13Art. VIII.Development Reviews 14Art. IX.Development Orders 15Art. X.Administrative Adjustment to Minimum Yard Setbacks 16Art. XI.Notice of Intent 17Art. A.Parks and Recreation Facilities Impact Formula Fee 18 ARTICLE I. GENERAL PROVISIONS. IN GENERAL 19 20 Section 1. Short Title. General Provisions 21 Section 1.How regulations are 22designated and cited. 23 24The regulations ordinances embraced in the following chapters, articles, and sections, 25subsections, paragraphs, sentences, clauses, and phrases shall constitute and be designated 26the “Land Development Regulations, City of Boynton Beach, Florida,” and may be so cited. 27 Section 2. Purpose and Intent ARTICLE IV. 28 29 30It is the purpose of the City Commissioners of the City of Boynton Beach to establish the 31standards, regulations, and procedures for review and approval of all proposed development of 32property, and to provide a development review process that will be comprehensive, consistent, 33and efficient in the implementation of the goals, objectives, and policies of the City’s 34Comprehensive Plan. 35 36It is the intent to foster and preserve public health, safety, comfort, morals, and welfare, and to 37aid in the harmonious, orderly, and progressive development within the municipal boundaries. 38These regulations are also intended to accomplish or actuate the following: 1) promote 39efficiency, in terms of time and expense; 2) effectiveness, in terms of addressing the natural 40resource and public facility implications of proposed development; and 3) equitably, in terms of 41consistency with established regulations and procedures, respect for the rights of property 42owners, and consideration of the interests of the citizens of Boynton Beach. 43 44Lastly, the City Commissioners deem it to be in the best public interest for all development to 45be conceived, designed, and built in accordance with good planning and design practices, equal 46or superior to the minimum standards set forth in these regulations. The purpose of this chapter 47is to establish procedures and standards for the development and subdivision of real estate 48within the City of Boynton Beach, Florida, in an effort to, among other things, insure proper November 10, 2010 2 GENERAL PROVISIONS 1legal description, identification, documentation monumentation and recording of real estate 2boundaries; aid in the coordination of land development in the City in accordance with orderly 3physical patterns; prevent haphazard, premature, uneconomic or scattered land development; 4insure safe and convenient traffic control; encourage development of an economically stable 5and healthful community; insure adequate utilities; prevent periodic and seasonal flooding by 6providing protective flood control and drainage facilities; provide public open spaces for 7recreation; insure that citizens of Boynton Beach will not bear the costs of haphazard land 8development; provide the authority to direct the construction of improvements; insure the 9purchaser of land in a subdivision that necessary improvements of lasting quality have been 10installed. 11 Section 3. Designation and Citation. 12 13 14For clarification and citation purposes, the terms “land development regulations,” 15“Regulations,” and “LDR’s” shall mean and refer to Part III Land Development Regulations, as 16contained in the City of Boynton Beach, Florida, Code of Ordinances. 17 Section 4. Catch Lines. 18Section 3.Catchlines of sections. 19 20The catch lines of the several sections of this Code, which are printed in boldface type, are 21intended as mere catchwords to indicate the contents of the section and shall not be deemed or 22taken to be the titles of such sections, nor as any part of the section, nor, unless expressly so 23provided, shall they be so deemed when any of such sections, including the catch lines, are 24amended or re-enacted. 25 Repeal. Section 4.Effect of repeal of ordinances. 26Section 5. 27 28The repeal of an ordinance shall not revive any ordinances in force before or at the time the 29ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or 30penalty incurred before the repeal took effect, nor any suit, prosecution, or proceeding pending 31at the time of the repeal, for an offense committed or cause of action arising under the ordinance 32repealed. 33 Section 6. Severability. 34Section5.Severability of parts of Regulations. 35 36The chapters, article, sections, subsections, paragraphs, sentences, clauses, and phrases of these 37land development regulations are severable. If any such phrase, clause, sentence, paragraph, 38subsection, section, article, or chapter is declared unconstitutional, invalid, or unenforceable by 39the valid judgment or decree of the court of competent jurisdiction, then such unconstitutional, 40invalid, or unenforceable regulation shall not affect any of the remaining portions of these land 41development regulations. The sections, ,paragraphs, sentences, clauses, and phrases of this 42Code or Regulations are severable, and if any phrase, clause, sentence, paragraph or section of 43this Code or theseRegulations shall be declared unconstitutional, invalid or unenforceable by 44the valid judgment or decree of the court of competent jurisdiction, such unconstitutionality, 45invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, 46paragraphs and sections of this Code or Regulations. 47 48 November 10, 2010 3 GENERAL PROVISIONS Section 7. Penalties Section 6.General penalties; continuing violations; 1 adjudging fines and imprisonments. 2 3 A. General Penalties. 4A. It shall be unlawful for any person to violate or fail 5to comply with any provision of these regulations is Regulation or other ordinance of 6the city and where no specific penalty is provided therefore, the maximum penalty 7which may be imposed upon any person who shall be adjudged to have violated any 8provision of this Regulation or other ordinance of the city shall be a fine not exceeding 9five hundred dollars ($500.00)or a term of imprisonment not in excess of sixty (60) 10days, or by both such fine and imprisonment; provided, however, that this section shall 11not conflict with any penalties imposed for any offense under the laws of the State of 12Florida, and no penalty for violation of these regulations or any ordinance of the City 13thisRegulation or any ordinance of the city shall exceed the maximum penalty provided 14for the violation of a comparable state law. Each day any violation of any provision of 15these regulations or any other this Regulation or other ordinance of the city shall shall 16constitute a separate offense. In addition to any penalty provided herein, the person or 17organization may be subject to any other penalty as provided in the City’s Code of 18Ordinances, or as otherwise provided by Florida law. 19 B.Time. 20 Whenever the judgment of a court of appropriate jurisdiction shall, under 21any of the ordinances of the city, adjudge a person to pay a fine, or a fine and costs of 22prosecution, such judgment shall also provide a period of time for which such person 23shall be imprisoned in default of the payment of the same. 24 C. Imprisonment. 25 C. Whenever the sentence shall be one of both fine and 26imprisonment, it shall also provide for an additional period of imprisonment, for which 27such person shall be held in default of payment of the fine and / or costs of prosecution 28imposed. Such additional period shall commence to run from the expiration of the other 29period of imprisonment fixed by the sentence, provided that in no case shall the 30imprisonment for failure to pay a fine, or fine and costs, together with any other 31imprisonment in the same case, exceed the period of six (6) months. Nothing in this 32section shall exempt a prisoner from being put to labor during the period of such 33additional imprisonment. 34 D. Civil Enforcement. 35 D.CIVIL REMEDIES FOR ENFORCEMENT. In 36case any building or structure is erected, constructed, reconstructed, altered, repaired, or 37maintained, or any building, structure, land, or water is used in violation of this 38ordinance or any ordinance or other regulation made under authority conferred hereby, 39the authorized City official proper local authorities, in addition to other remedies, may 40institute any appropriate action or proceedings in a civil action in the circuit court to 41prevent such unlawful erection, construction, reconstruction, alteration, repair, 42conversion, maintenance, or use and to restrain, correct, or abate such violation to 43prevent the occupancy of said building, structure, land or water, and to prevent any 44illegal act, conduct of business, or use in or about such premises. 45 E.Stoppage of Work 46. Failure to comply with any City approved development 47order or development permit, or any applicable City ordinance or land development 48regulation may result in an order to stop work from the authorized City official. November 10, 2010 4 GENERAL PROVISIONS 1Damage to public property resulting from work performed may result in a stop work 2order if a threat exists to the health and safety of the public. 3 4Section 7.Cost assessed for law enforcement education. 5 6A.The court trying city ordinance violations shall assess two dollars ($2.00) as additional 7court costs against every person convicted for violation of a municipal ordinance as authorized 8by Section 943.25 of the Florida Statutes. All such sums shall be turned over to the finance 9director to be deposited in a fund as established in B to be known as the law enforcement 10education fund. 11 12B.There is hereby established a fund to be known as the law enforcement education fund. 13All funds received by the city from the assessment of court costs established in this section shall 14be segregated from all other funds of the city and set apart by the finance director in a separate 15fund to be known and designated as the law enforcement education fund. Such funds may, from 16time to time, in the discretion of the City Commission, be invested. The interest received upon 17such funds and the principal thereof may, upon the request of the chief of police, be used for 18law enforcement education expenditures for the benefit of members of the city police 19department. Expenditures shall be permitted by the city manager, upon approval of the City 20Commission, when authorized in accordance with law. 21 Section 8. Ordinances Not Affected by Regulation. Section 8. CERTAIN 22 23 24Nothing in this Regulation or the ordinance adopting this Regulation shall be construed to 25repeal or otherwise affect the validity of any of the following when not inconsistent with this 26Regulation: 27 A. 28 Any ordinance promising or guaranteeing the payment of money for the city, or 29authorizing the issuance of any bonds of the city or any evidence of the city's 30indebtedness; 31 B. 32Any appropriation ordinance or ordinance providing for the levy of taxes or for a 33budget; 34 C. 35Any ordinance annexing territory to the city or excluding territory as a part of 36the city; 37 D. 38 Any ordinance granting any franchise, permit or other right; 39 E. 40 Any ordinance approving, authorizing, or otherwise relating to any contract, 41agreement, ease, deed or other instrument; 42 F. 43 Any administrative ordinance not inconsistent with this Regulation; 44 G. 45Any ordinance dedicating, naming, establishing, locating, relocating, opening, 46paving, widening, vacating or repairing any street or public way or lawfully established 47bulkheads or bulkhead lines; 48 November 10, 2010 5 GENERAL PROVISIONS H. 1Any ordinance regulating, restricting or prohibiting traffic on particular streets or 2in particular localities; 3 I. 4 Any ordinance prescribing the street grades of any street in the city; 5 J. 6 Any ordinance providing for local improvements or making assessments 7therefore; 8 K. 9 Any ordinance dedicating or accepting any plat or subdivision in the city; 10 L. 11 Any ordinance zoning or rezoning specific property; 12 M. 13 Any ordinance providing for the compensation of officers and employees; and 14 N. 15 Any temporary or special ordinance.; and all such ordinances are hereby 16recognized as continuing in full force and effect to the same extent as if set out at length 17herein. 18 19All such ordinances are hereby recognized as continuing in full force and effect to the same 20extent as if set out at length herein. 21 Section 9. Ordinances; City Laws and Codification. 229. 23 24Ordinances of the City Commission adopted in a manner provided by law shall constitute the 25laws of the city and shall be in full force and effect until repealed. The City Commission shall 26have the power to have the city ordinances codified, and published in book form. 27 28 29 30 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 1 General Administration\Final\Article I General Provisions.doc November 10, 2010 6 DEFINITIONS ARTICLE II. DEFINITIONS. 1 2 3Terms in this chapter shall have the following definitions, if not previously accepted pursuant to the 4Unabridged Dictionary of the English Language. Supplemental definitions for specific technical terms 5should be defined at the reference location at which they first appear in this chapter. If a conflict exists 6in terms of the supplemental definitions with these definitions, the specific definition for the specific 7applicable condition shall apply. The words, terms,and phrases herein shall be defined as follows 8unless otherwise specified in this ordinance. The word“shall” is mandatory, the word“should” is 9preferred,and the word“may” is permissive. The singular shall include the plural and the present tense 10shall include the future tense and vice vers 11 Section 2.Rules of construction. 12 13 14In the construction of this Regulation, and of all ordinances, the following rules shall be observed, 15unless the context clearly indicates otherwise: 16 17E.DEFINITIONS. When used in this section, the following terms shall have the following 18meanings. 19 20The following words, terms and phrases, when used in this subdivision, shall have the meanings 21ascribed to them, except where the context clearly indicates a different meaning: 22 232.Definitions. For the purpose of this ordinance, the following definitions shall apply: 24 25Section 2. Definitions. 26As used in this article, the following words and terms shall have the meaning ascribed thereto: 27 28 Terms. Words or phrases used in this article shall have the meaning they have in common usage and to 29give this article its most reasonable application. 30 31Section 2. Definition. A “planned unit development”:A. Is land under unified control, planned 32and developed as a whole in a single development operation of an approved programmed series of 33development operations for dwelling units and related uses and facilities; 34 352. Definition. A “planned commercial development”: 36 37a. Is land under unified control, planned and developed as a whole in a single development 38operation or a programmed series of development operations for commercial buildings and 39related uses and facilities; 40 41b. Provides for a commercial district of efficient and harmonious design so arranged as to 42create an attractive project readily integrated with and having no adverse effect on adjoining or 43surrounding areas and developments; 44 45c. Is developed according to comprehensive and detailed plans for streets, utilities, lots, 46building sites, etc., and site plans, floor plans and elevations for all buildings intended to be 47located, constructed, used and related to one another, and detailed plans for other uses and 48improvements on the land related to the buildings; and October 27, 2010 1 DEFINITIONS 1 2d. Includes a program for full provision, maintenance, and operation of such areas, 3improvements, facilities and services for common use by the occupants of the planned 4commercial development. 5 6B. DEFINITION. A “planned industrial development”: 7 81. Is land under unified control, planned and developed as a whole in a single development 9operation or an approved programmed series of development operations for industrial buildings 10and related uses and facilities; 11 122. Provides for an industrial district of efficient and harmonious design so arranged as to 13create an attractive project readily integrated with and having no adverse effect on adjoining or 14surrounding areas and developments; 15 163. Is developed according to comprehensive and detailed plans for streets, utilities, lots, 17buildingsites, etc., and site plans, floor plans and elevations for all buildings intended to be 18located, constructed, used and related to one another, and detailed plans for other uses and 19improvements on the land related to the buildings; and 20 214. Includes a program for full provision, maintenance, and operation of such areas, 22improvements, facilities and services for common use by the occupants of the PID, but will not 23be provided, operated or maintained at public expense. 24 25(1)For purposes of this subsection, the following definitions shall be applicable: 26 ABANDONED SIGN 27- Sign which no longer identifies or advertises a bona fide activity, where the 28activity has been abandoned or does not possess a current occupational license. 29 ABUTTING PROPERTY 30– The condition of two (2) adjoining properties having a common property 31line or boundary, including cases where two (2) or more lots adjoin only on a corner or corners. 32See“Contiguous Lands.” 33 ACCESS 34- The principal or secondary means of ingress and egress to a lot from a dedicated publicly or 35privately dedicated right-of-way. 36 ACCESS WATERWAYS 37- A waterway which is developed or constructed for the purpose of 38providing access by water to lots within a subdivision. 39 ACCESS WAY 40- A non-dedicated area, which is permitted for ingress or egress of vehicles or 41pedestrians. 42 ACCESS, LEGAL – 43 A dedicated and recorded right-of-way, or easement, excluding utility or drainage 44easements, affording perpetual ingress and egress from a subject property to a public thoroughfare. 45 ACCESSORY APARTMENT 46–Accessory apartment. A habitable living unit added to or created 47within a single-family dwelling or its accessory structure that provides basic requirements for living, 48sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than 25% of October 27, 2010 2 DEFINITIONS 1the total floor area of the single-family dwelling, and shall in no case be more than 750 square feet. 2Specific design and parking requirements may apply. 3 ACCESSORY BUILDING OR STRUCTURE 4- A detached, subordinate building, the use of which is 5clearly incidental and related to that of the principal building or use of the land, and which is located on 6the same lot as that of the principal building or use. Additional design recommendations and / or 7standards may be applied to the accessory building or structure. 8 ACCESSORY GARDEN 9 – See “GARDEN.” 10 ACCESSORY USE 11 - See “USE, ACCESSORY”. 12 ACCESSORY USE- 13Accessory use-A use incidental to, subordinate to, and subservient to the main 14use of the property. As defined in this section, an accessory use is a secondary use. 15 ACRE 16 - Land or water consisting of forty-three thousand five hundred sixty (43,560) square feet. 17 ADDITION - 18Addition- An expansion, extension, or increase in the usable space within a building or 19facility. 20 ADEQUATE PUBLIC FACILITIES 21- Public facilities available to serve a development project so as 22to meet the levels of service and the conditions set forth in the concurrency regulations. Chapter 1.5. 23 ADEQUATE SCREENING 24- To conceal from public view, materials on private property, with a 25physical screen structure made of one or more of the following: dense landscape material, metal, wood, 26or masonry. Said structure shall meet the requirements of the Standard Building Code. 27 ADULT CONGREGATE LIVING FACILITY (ACLF) – 28See “GH”. ROUPOME 29 ADULT ENTERTAINMENT ESTABLISHMENT 30– An establishment that commercial enterprise 31which predominately limits admission to “adults only” owing to the sexual nature of its merchandise or 32entertainment. Such establishments may include, but not be limited to, adult bookstores, adult theatres, 33adult lounges, adult health studios, adult motels, adult or hotels, or the like with nude, bottomless, or 34topless entertainment or employees. 35 ADVERTISING STRUCTURE (SIGNS) 36- A sign structure erected or intended for advertising 37purposes, with or without advertisement display thereon, situated upon or attached to real property. 38 AFFECTED PARTIES 39- Includes persons owning property or persons owning or operating a business 40within the boundaries of the City of Boynton Beach whose development application or application for a 41permit or license is pending. 42 AFFORDABILITY CONTROLS – 43Affordability ControlsRestrictions placed on Workforce Housing 44Units by which the price of such units and/or the income of the purchaser or lessee will be restricted in 45order to ensure that the units remain affordable to low and moderate income households. 46 AFFORDABILITY TERM – 47Affordability TermThe time a workforce housing unit is required to 48remain affordable to income qualified buyers or renters. October 27, 2010 3 DEFINITIONS 1 AGRICULTURAL STRUCTURES – 2 Structures, such as coldframes, greenhouses, hoophouses, or 3shadehouses that are used to grow plants and commonly associated with accessory gardens and 4CG. For clarification, agricultural structures are not considered sheds and storage OMMUNITYARDENS 5structures and are regulated differently. See Chapter 3, Article V, Section 3.Y for the provisions 6regarding agricultural structures. 7 AGRICULTURE 8 – See “G.” ARDEN 9 AISLE 10- The hard-surfaced lanes in a parking lot which connect the parking stalls with a public or 11private street, alley or interior driveway. 12 ALCOHOL AND DRUG REHABILATION CENTER 13 – See “GH,T4.” ROUPOMEYPE 14 ALCOHOLIC BEVERAGE ESTABLISHMENT 15 - Any business or commercial establishment, 16whether open to the public at large or entrance is limited by cover charge or membership requirements, 17including those licensed by the State for sale and or service of alcoholic beverages, which include, but 18are not limited to, any stand-alone bar, bottle club, hotel, motel, restaurant, night club, country club, 19cabaret, and meeting facility located in the City of Boynton Beach in which alcoholic beverages, beer or 20wine are, or are available to be, sold, dispensed, served, consumed, provided, possessed or offered for 21sale or consumption on the premises. 22 ALLEY 23– A right-of-way providing a secondary means of access and service to abutting property. A 24right-of-way affording secondary access to property. It is not intended or used for general traffic 25circulation. 26 ALTERATION- 27Alteration- Any change or modification in construction. 28 ALTERATION 29 30 BUILDING 31- Any change in the structure which will increase the number of useable units, the 32floor area or height of the structure. 33 ENVIRONMENTALLY SENSTIVE LANDS 34 – Any activity which results in the 35modification, variation or transformation of environmentally sensitive lands, including but not 36limited to placement of vehicles, structures, debris, or any other material objects thereon, 37introduction or injection of water or other substance, and removal, displacement or disturbance 38of plant or animal species, soil, rock, minerals or water. 39 HISTORIC PRESERVATION 40 – See “HP,A.” ISTORIC RESERVATIONLTERATION 41 AMUSEMENT ARCADE 42 - A commercial establishment containing four (4) or more video gaming, 43pinball, or similar player-operated amusement machines, in any combination. This definition 44specifically incorporates those machines described in Section 849.161, Florida Statutes. See 45“E,I.” NTERTAINMENTNDOOR 46 October 27, 2010 4 DEFINITIONS ANCILLARY BUILDING OR STRUCTURE – 1See “ABS.” A CCESSORY UILDING OR TRUCTURE 2building or structure incidental to, subordinate to and subservient to the principal building or structure 3located on the premises. 4 ANCILLARY USE – 5See “U,A.” A use incidental to, subordinate to and subservient to SECCESSORY 6the principal use of the premises. 7 AND / OR - 8“And” may be read “or” and “or” may be read “and” if the sense requires it. 9 ANIMATED OR FLUTTERING SIGN 10- A sign which uses devices to generate movement by either 11mechanical, electrical or natural methods. 12 ANTENNA- 13 – See “WCF(WCF),A.” AntennaA IRELESS OMMUNICATIONACILITYNTENNA 14transmitting and/or receiving device and/or relays used for personal wireless services that radiates or 15captures electromagnetic waves, including directional antennas, such as panel and microwave dish 16antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio 17antennas and satellite earth stations. 18 ANTENNA ARRAY - 19See “WCF(WCF),AA.” IRELESS OMMUNICATIONACILITYNTENNARRAY 20 ANTENNA ELEMENT 21- See “WCF(WCF),AE.” IRELESS OMMUNICATIONACILITYNTENNALEMENT 22 ANTENNA SUPPORT STRUCTURE 23– See “WCF(WCF), IRELESS OMMUNICATIONACILITY 24ASS.” NTENNAUPPORTTRUCTURE 25 ANTIQUE STORE or AUCTION HOUSE 26– See “M,U.” The use of a building ERCHANDISESED 27for the retail sale or auction of objects of value such as quality antiques, art objects, jewelry and the 28like, but not used merchandise generally. No outside storage or display shall be permitted in 29connection with such uses. 30 APARTMENT 31– See “D,M-F.” A room or a suite of rooms occupied, or which is WELLINGULTIAMILY 32intended or designed to be occupied, as the home or residence of one (1) individual, family or 33household, for housekeeping purposes. 34 APARTMENT, EFFICIENCY 35- A type of dwelling unit containing no more than one (1) habitable 36room to be used for living, cooking, eating, and sleeping. Each efficiency apartment must have a 37bathroom. A dwelling unit consisting of one (1) room, other than a bathroom, and providing cooking 38facilities. 39 APPLICANT 40–See“Developer.” 41 APPLICANT 42- Generally, an “applicant” is a property owner or person(s) or entity acting as an agent 43on behalf of the property owner, in a formal application for a development proposal, permit, or 44approval. For the purposes of determining Parks & Recreation impact fees, the term “applicant” is the 45person or entity applying, or required by the city code to apply for a building permit for the construction 46of three (3) or more dwelling units, or for the construction of one or more dwelling units within a 47development of three or more units. Applicant is synonymous with owner. 48 October 27, 2010 5 DEFINITIONS APPROVED- 1Approved means approved by the development director or other authority having 2jurisdiction. 3 ARCADE, AMUSEMENT – 4See “E,I.” NTERTAINMENTNDOOR 5 ARCADE, PEDESTRIAN 6- A passage or walkway covered over by a succession of arches or vaults 7connecting two buildings or supported by stand-alone columns on one or both sides. It also more 8commonly describes a roof-like structure open to the weather on one (1) or more sides, constructed of 9rigid materials, which are cantilevered from the exterior building wall to provide a covered walkway for 10the public along small shops, vendors and / or offices. A permanent, roof-like structure open to the 11weather on one (1) or more sides, constructed of rigid materials, which is cantilevered from the building 12wall, attached to and supported by the exterior building wall or supported by freestanding columns or 13pillars. 14 15 16 AREA OF SHALLOW FLOODING – 17See “F,ASF.” LOODREA OF HALLOW LOODING 18 AREA OF SPECIAL FLOOD HAZARD 19– See “F,SFHA.” LOODPECIALLOODAZARDREA 20 ART STUDIO 21 – Work space for one (1) or more artists or artisans, including the accessory sale of art 22produced on the premises and related art instruction. This use excludes tattooing and body art. 23 ART, ARTWORK OR WORKS OF ART 24- Tangible creations by artists exhibiting the highest 25quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any 26medium, material, or combination thereof, including, but not limited to, paintings, sculptures, 27engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video 28projections, digital images, bas-relief, high relief, fountains, kinetics, collages, drawings, monuments 29erected to commemorate a person or an event, functional furnishings, such as artist designed seating 30and pavers, unique or original architectural elements, and artist designed landforms or landscape 31elements. The following shall not be considered artwork or works of art for purposes of this chapter: 32(1) reproductions or unlimited copies of original artwork; (2) art objects, which are mass-produced; and 33(3) works that are decorative, ornamental, or functional elements of the architecture or landscape 34design, except when commissioned from an artist or designed as an integral aspect of a structure or site. 35 ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE - 36Establishments 37that retail and provide expertise on the use of sporting equipment (such as a bicycle or dive shops) or October 27, 2010 6 DEFINITIONS 1other specific leisure activities, such as needlework and musical instruments but excluding the sale of 2ammunition or firearms as a principal use. Sporting goods stores may retail ammunition and / or 3firearms as an accessory use. Craft stores are primarily engaged in retailing new sewing supplies, 4fabrics, patterns, yarns, and other needlework accessories or retailing these products in combination 5with selling new sewing machines. This use also includes establishments that are primarily engaged in 6displaying works of art for retail sale in art galleries. 7 ARTERIAL ROAD OR STREET 8- A route providing service which is relatively continuous and of 9relatively high traffic volume, long average trip length, high operating speed, and high mobility 10importance. In addition, every United States numbered highway is an arterial road, and every street 11shown or described as arterial according to the current or most recent functional classification contained 12in the City of Boynton Beach Comprehensive Plan, as adopted and amended, is an arterial. 13 ARTIST OR PROFESSIONAL ARTIST 14– A practitioner in the visual arts, generally recognized by 15critics and peers as a professional of serious intent and ability. Indications of a person’s status as a 16professional artist include, but are not limited to, income realized through the sole commission of 17artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, 18receipt of honors and awards, and training in the arts. 19 ARTS COMMISSION 20means the - The advisory board established by the City Commission pursuant 21to Ordinance 01-64. 22 ASSISTED LIVING FACILITY (ALF) – 23See “GH.” ROUPOME 24 ATHLETIC COMPETITIONS 25- Any amateur and professional cheerleading, dance and gymnastics 26event, or any amateur or professional event, which involves physical contact between the participants, 27provided the event is a sporting event recognized as an Olympic sport by the United States Olympic 28Committee. 29 AUTO BROKER – 30 Principally an office use primarily engaged in facilitating the retailing, leasing, or 31wholesaling of new or used automobiles, motorcycles, and light trucks; such as passenger and cargo 32vans and sport utility vehicles. Typical broker activities include but are not limited to the following: 1) 33researching and locating a desired vehicle or buyer; 2) price negotiations; 3) processing the transaction, 34including securing the necessary financing; and 4) arranging vehicle delivery. Unlike an A UTO 35D, this use does not include on-site vehicle inventories. If vehicles are temporarily stored on-site EALER 36during the transaction, all vehicles must be stored indoors. 37 AUTO / CAR WASH (POLISHING, WAXING, DETAILING) – 38Establishments providing for the 39cleaning of private automobiles, recreational vehicles (personal watercraft), or other light duty 40equipment through manual detailing and / or mechanical resources. 41 AUTO / CAR WASH (SELF-SERVE BAY) – 42 An establishment where washing, drying, polishing, or 43vacuuming of a passenger automobile or marine vessel is performed by the driver or the occupant. This 44use is not intended to serve a commercial or industrial fleet. 45 AUTO DEALER, NEW 46– An establishment, licensed by the State of Florida, which is primarily 47engaged in retailing or leasing new automobiles, motorcycles, and light trucks; such as passenger and 48cargo vans and sport utility vehicles. Dealers keep an on-site inventory of vehicles for customers to October 27, 2010 7 DEFINITIONS 1peruse, and buyers customarily purchase the vehicles on the premises. No outdoor storage of vehicle 2inventory is allowed. 3 AUTO DEALER, USED 4– An establishment, licensed by the State of Florida, which is primarily 5engaged in retailing or leasing used automobiles, motorcycles, and light trucks; such as passenger and 6cargo vans and sport utility vehicles. Dealers keep an on-site inventory of vehicles for customers to 7peruse, and buyers customarily purchase the vehicles on the premises. No outdoor storage of vehicle 8inventory is allowed. 9 AUTOPARTS SALES (RETAIL) 10- Sale of auto parts from a commercial establishment for 11installation and use off-premises. 12 AUTOMOBILE 13- An automobile, or motorcycle, or the like as defined by the rules of the Florida 14Department of Highway Safety and Motor Vehicles. 15 AUTOMOBILE RENTAL 16– An establishment Establishments primarily engaged in renting passenger 17new or old automobiles, which includes light trucks, sport utility vehicles, motorcycles, and passenger 18vans without drivers on a short-term basis. This term excludes those establishments engaged in 19passenger car retail auto dealing and leasing (long-term basis) and taxi and limousine services (short- 20term basis). 21 AUTOMOTIVE, MAJOR REPAIR – 22An establishment primarily engaged in minor automotive 23repair services as well as complete engine overhaul and / or replacement of internal parts of engines. 24Also included is the repair of any portion of the drive mechanism, body and fender work, upholstering, 25painting and customizing. 26 AUTOMOTIVE, MINOR REPAIR – 27Automotive Repairs (Minor). An establishment primarily 28engaged in minor automotive repair services such as oil change, lubrication, engine tune-up, carburetor 29repairs, tire mounting and balancing, and the replacement and / or repair of external parts of engines. 30Providing replacement or repairs to automotive tires, batteries, accessories. Includes lubrication, oil 31changes, repairs to air conditioning, non-engine and exhaust related service and repairs, but not 32including engine overhaul and/or replacement of internal parts of engines, body and fender work, 33painting and customizing. 34 AUTOMOTIVE PARTS STORE - 35An establishment primarily engaged in the retail sales of new auto 36parts and accessories. Sale of auto parts from a commercial establishment for installation and use off- 37premises. 38 AUTOMOTIVE SERVICE STATION 39- The use of a building or other structure, on a lot or parcel of 40land which includes any retail sale of gasoline or other motor fuels. 41 AUTOMOTIVE WINDOW TINTING / STEREO INSTALLATION / ALARMS – 42An 43establishment primarily engaged in tinting automotive vehicles, such as passenger cars, trucks, and 44vans. They may also include establishments that are primarily engaged in retailing and installing 45automotive accessories, such as stereos and alarm systems. 46 AWNING 47- A structure made of cloth or metal with a metal frame attached to a building, when the 48same is so erected as to permit its being raised to a position flat against the building when not in use. October 27, 2010 8 DEFINITIONS 1 2 3 BAKERY, COMMERCIAL 4– An establishment primarily engaged in the manufacturing of bread and 5other bakery products. 6 BALLOON 7- A container made of non-rigid material filled with air or gas and designed to be tethered. 8 BANK AND FINANCIAL OFFICE– 9A financial institution that is open to the public and engaged in 10deposit banking, and that performs closely related functions such as making loans, investments, and 11fiduciary activities. 12 BANNER 13– See “S,B.” A sign having the characters, letters, illustrations or ornamentations IGNANNER 14applied to cloth, paper, film or fabric of any kind, with only such materials for a backing. 15 BAR AND NIGHTCLUB – 16Any licensed premises that is devoted predominately or totally, to the 17serving of alcoholic and / or intoxicating beverages or any combination thereof, for consumption at the 18licensed establishment. Leisurely dancing may occur or patrons may be entertained by live or recorded 19performers who dance, sing, play instruments, or perform other acts of entertainment (excluding adult 20entertainment). The service of food may be incidental to the service of the aforementioned beverages, 21activities, and entertainment. These establishments are known as but are not limited to the following: 22bars, cigar bars, cabarets, cocktail lounges, comedy clubs, dance clubs, discothèques, night clubs, piano 23bars, pubs, and saloons. 24 BAR ORCOCKTAIL LOUNGE 25- An establishment devoted primarily to the serving of beer, wine, 26or liquor, or any combination thereof, for on site consumption. The service of food shall be incidental 27to the service of alcoholic beverages. 28 BASE FLOOD 29– See “F,B.” LOODASE 30 BASE STATION (GROUND EQUIPMENT) 31- The electronic equipment utilized by the wireless 32providers for the transmission and reception of radio signals. 33 BED AND BREAKFAST 34- A private owner occupied residence having more than three (3) and less 35than ten (10) guest units, which are subordinate and incidental to the main residential use of the 36building, in conformance with the prescribed regulations as outlined in the Land Development October 27, 2010 9 DEFINITIONS 1Regulations.“Bed and breakfast establishment” shall be defined as follows: A private owner occupied 2residence having more than three and less than ten guest bedroom units. The bed and breakfast 3establishment is subordinate and incidental to the main residential use of the building. 4 BEER, WINE, & LIQUOR STORE - 5An establishment primarily engaged in retailing packaged 6alcoholic beverages, such as ale, beer, wine, and liquor. They are limited to off-site consumption. 7Package liquor store is an establishment where alcoholic beverages are dispensed or sold in sealed 8containers for consumption off the premises. 9 BENCHMARK 10 - A relatively permanent material object, natural or artificial, bearing a marked point 11whose elevation above or below an adopted datum plane is known. 12 BETTERMENT PLAN OR ALTERNATIVE COMPLIANCE 13- A proper landscape plan that 14demonstrates that an improvement or betterment of the environment can be accomplished over the 15existing site conditions if such landscape plan is carried out to its fullest. Such a plan is submitted and 16reviewed to meet or exceed the intent of the City’s landscape regulations. 17 BEVERAGE MFG 18– An establishment primarily engaged in one or more of the following: (1) 19manufacturing soft drinks, tea, and coffee; (2) manufacturing ice; and (3) purifying and bottling water. 20Distilling and / or brewing is prohibited. 21 BICYCLE PATH 22- Any road, path or way that is open to bicycle travel, which road, path or way is 23physically separated from motorized vehicular traffic by an open space or by a barrier and is located 24either within the highway right-of-way or within an independent right-of-way. 25 BICYCLE RACK 26 - A stationary stand which supports a minimum of five (5) bicycles by its frame and 27to which a user can lock the bicycle and one (1) wheel simultaneously with a security U-shaped lock. 28 BILLBOARD 29 – See “S,B.” Signs or framework installed for the purpose of advertising IGNILLBOARD 30or communicating either commercial or noncommercial messages that refer to something other than the 31name, primary characterand/or purpose of the establishment or business on the premises where the sign 32is located. 33 BILLIARD HALL 34- A commercial establishment containing more than two (2) pool or billiard tables 35for the use of patrons. 36 BLOCK 37– Includes Tier or Group and means a group of lots existing within well-defined and fixed 38boundaries, usually being an area surrounded by streets, parks or other physical barriers and public 39space, having an assigned number, letter, or other name through which it may be identified. A parcel of 40land surrounded by streets, waterways, railroad rights-of-way, parks or other public space. 41 BOARD - 42“Board”: Board means any board appointed by the City, such as the Planning and 43Development Board. Also, see “HP,B”. Board shall mean the planning and ISTORIC RESERVATIONOARD 44development board of the City of Boynton Beach. 45 BOARDING AND ROOMING HOUSE 46- A building other than hotel or motel providing lodging and 47where meals are or are not served for compensation. 48 October 27, 2010 10 DEFINITIONS BOAT DEALER / RENTAL - 1An establishment primarily engaged in (1) retailing new and / or used 2boats, (2) retailing new boats and selling replacement parts and accessories, (3), renting boats, or (4) a 3yacht brokerage business, including the display and temporary storage of boats on-site (customarily 4incidental to the principal use). A yacht broker that exclusively displays / stores boats off-site would be 5considered an office use. A boat dealer / rental excludes the repair or service of vessels on the premises 6 BOAT REPAIR - 7A facility where boats are repaired, serviced, customized, or detailed. 8 BOATEL 9- Yachtel. 10 BOLT THROW- 11Bolt throw is the Thedistance from the lock front surface to the farthest projected 12point on the bolt or latch at the center line when subjected to end pressure. 13 BOWLING ALLEY 14- A commercial establishment that devotes more than fifty percent (50%) of its 15gross floor area to bowling lanes, equipment and ancillary public areas. 16 BOYNTON BEACH HOUSING TRUST 17Boynton Beach Housing Trust – A trust created as a 18depository for in-lieu of payments, donated land, or housing units for the purpose of providing 19Workforce Housing Units. 20 BOYNTON BEACH REGISTER OF HISTORIC PLACES – 21See “HP.” ISTORIC RESERVATION 22 BREAKAWAY WALL - 23Breakawaywall a A wall that is not part of the structural support of the 24building and is intended to collapse without causing damage to the elevated portion of the building or 25the foundation system. 26 BREAKPOINT TECHNOLOGY 27- The engineering design of a monopole wherein a specified point 28on the monopole is designed to have stresses concentrated so that the point is at least five percent more 29susceptible to failure than any other point along the monopole so that in the event of a structural failure 30of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or 31any other point on the monopole. 32 BRIDGE 33- A structure, including supports, erected over a depression or an obstruction, such as water 34or a highway or railway, and having a track or passage-way for carrying traffic as defined in the Florida 35State Statues chapter 316 or other moving loads. 36 BUFFER WALL 37- A stuccoed and painted masonry wall or an engineered pre-cast concrete wall used 38to physically separate or screen a residential one use or property from a non-residential property another 39so as to visually shield or block noise, lights, or other nuisances. Finish on both sides of wall must be 40approved by the Director of Planning and Zoning. 41 October 27, 2010 11 DEFINITIONS 1 2 BUILDABLE AREA - 3 Buildable area:“Buildable area”shall be defined to mean that That portion of 4a building site exclusive of the required yard areas on which a structure or building improvements may 5be erected. 6 BUILDING 7- All construction built for the support, enclosure, shelter or protection of chattels, persons, 8animals or the like. The word“building” shall include the word“structure” and anything constructed or 9erected which requires permanent location on the ground or anything attached to such a building or 10structure. A building or structure shall include, but not be limited to, all construction specified in 11Chapter 2 of the City's Land Development Regulations. Also see “HP, ISTORIC RESERVATION 12B().” UILDINGS 13 BUILDING 14 means any structure that encloses space and is used or built for the shelter or enclosure of 15persons, businesses, chattel or property. 16 BUILDING AREA 17- The portion of a lot remaining after the required setbacks have been provided. 18Buildings may be placed in any part of the building area, but limitations on the percentage of the lot 19which may be covered by buildings may require open space within the building area. 20 BUILDING FACADE 21- That portion of the exterior elevations of a building extending from grade to 22the top of the parapet wall or eaves and the entire width of the building elevations. 23 BUILDING FRONTAGE 24- The main entrance side of a building or bay. 25 October 27, 2010 12 DEFINITIONS BUILDING OFFICIAL 1– The official (or authorized representative) responsible for the interpretation 2and administration of the City’s Building Code. The official in charge of the Building Division or his 3authorized representative. 4 BUILDING SETBACK LINE 5- A line delineating the minimum required allowable distance between 6the each property line and the building. 7 8 9 BUILDING SITE 10- A portion or parcel of land considered as a unit, devoted to a certain use or 11occupied by a building or group of buildings that are united by a common interest or use, and the 12customary accessories and open spaces belonging to the same. 13 BUILDING / STRUCTURE HEIGHT 14- The vertical distance in feet measured from the lowest point 15at the property line of an adjacent property or from the minimum base flood elevation as established by 16FEMA, whichever is highest, to the highest point of the roof for flat roofs, to the deck line for parapet 17roofs with parapets less than five (5) feet in height. Gable, mansard, and hip roof heights shall be 18measured to the midpoint between the eaves and the ridge. Rooftop penthouses, stairwells mechanical 19and electrical equipment shall be concealed by or constructed of exterior architectural materials or 20features of the same type or quality used on the exterior walls of the main building and may only 21exceed the maximum building height pursuant to the provisions of Chapter 2, Section 4.F. of the Land 22Development Regulations, City of Boynton Beach Florida. Walls or retaining walls shall also be 23measured from the lowest adjacent property line to the to of the structure excluding column caps 24column capitals and other similar architectural items. 25 October 27, 2010 13 DEFINITIONS 1 2 BUILDING, PRINCIPAL 3- A building wherein which is conducted the main or principal use of the lot 4on which said building is conducted situated. 5 BULK STORAGE, SALE, OR DISTRIBUTION 6- The receiving, transfer or storage of unpackaged 7goods or materials at a premises, or the subsequent sale or transfer of such goods or materials from the 8premises in a packaged or unpackaged form. Also, the storage, receiving or transfer of goods, 9commodities or materials in units which are larger than the units which are typically distributed or sold 10from the premises. Where bulk storage is not permitted, all goods, commodities or materials shall be 11pre-packaged when received at the premises and shall be stored, sold and distributed in the same form, 12quantity and units as when received at the premises. 13 BURGLAR- RESISTANT MATERIAL - 14Burglar-resistant material means framed glass or glass-like 15materials that can withstand the impact of a five-pound steel ball dropped from a height of forty (40) 16feet and five (5) impacts from a height of ten (10) feet concentrated within a five-inch diameter area of 17the surface without release from frame. Tested in accordance with UL 72-1972. 18 BUS BENCH SIGN 19- A bench or seat with graphics, symbols and/or copy affixed against any surface. 20 BUS SHELTER SIGN 21- Graphics, symbols and/or copy affixed to any surface of a public transit 22shelter. 23 BUSINESS OFFICE 24- Any commercial activity primarily conducted in an office, not involving the 25sale of goods or commodities available in an office and not dispensing personal services, and including 26such businesses as real estate brokers, insurance offices, accountants, credit reporting agencies, 27telephone answering services or any similar uses. 28 BUSINESS OR PROFFESIONAL OFFICE 29– An establishment that conducts administrative and / or 30professional functions that serve internal operations and / or customers or clients, involving accounting, 31consulting, design, legal, research, scientific, technical, or other similar professional or administrative 32functions. 33 BUSINESS TAX RECEIPT OCCUPATIONAL LICENSE 34– A tax levied for the privilege license to 35operate a business, profession, occupation or other operation within the city limits, which is issued in 36accordance with Chapter 13 of the City’s of Boynton Beach Code of Ordinances. October 27, 2010 14 DEFINITIONS 1 CALIPER 2 - A point on a tree used as part of the accepted method of measurement of the thickness of a 3tree trunk, as defined in the Florida Grades and Standards Manual. The measurement is taken at 6 4inches from the ground, unless trunk diameter measured six (6) inches from the ground is greater than 4 5inches, in which case the measurement is taken at twelve (12) inches from the ground. 6 CALL CENTER 7 – An establishment primarily engaged in providing customer service, support, or 8information in a centralized office environment, and whose typical activities include receiving 9(inbound) or transmitting (outbound) telephone calls, facsimiles, or internet communications (e.g., live 10chat, instant messaging, email). 11 CANOPY 12- A structure, other than an awning, made of cloth or metal with metal frames attached to a 13building, and carried by a frame supported by the ground, or sidewalk or building. 14 15 16 CAPITAL IMPROVEMENTS ELEMENT OR (CIE) 17- The capital improvements element of the 18comprehensive plan of the City city. 19 CARPET AND UPHOLSTERY CLEANING – 20An establishment primarily engaged in cleaning and / 21or dyeing used rugs, carpets, and upholstery. 22 CARPORT 23- A roofed area open on one (1), two (2) or three (3) sides and attached to the main 24building, for the storage of one (1) or more vehicles. 25 October 27, 2010 15 DEFINITIONS 1 2 CAR 3 - See “A.” UTOMOBILE 4 CAR RENTAL 5 - See “AR.” UTOMOBILEENTAL 6 CAR WASH 7 - See “A/CW.” UTOARASH 8 CAR WASH (AUTOMATIC OR SELF SERVICE) 9- A building or area which provides facilities for 10washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower 11or other mechanical devices, and which may employ some hand labor. 12 CATERER 13– An establishment primarily engaged in providing single event-based food services. 14These establishments generally have equipment and vehicles used to prepare and transport meals and/or 15snacks to events and/or prepare food at an off-premise site. Banquet halls with catering staff are 16included in this industry. Unless specifically provided for within these regulations, on site consumption 17and/or take-out service is not a permitted accessory use. 18 CEMETERY - 19An establishment that is primarily engaged in operating site(s) or structure(s) reserved 20for the interment of human or animal remains. 21 CENTERLINE 22- A line midway between the right-of-way lines or the surveyed and prescribed 23centerline established by the city engineer, which may or may not be the line midway between the 24existing or proposed right-of-way lines. 25 CERTIFICATE OF APPROPRIATENESS – 26See “HP.” ISTORIC RESERVATION 27 CERTIFICATE OF CONFORMANCE 28- Certification issued by the Development Director or 29designee that a parcel, building, and/or site improvements made non-conforming due to actions of a 30governmental entity, shall be deemed to conform upon the issuance of a Certificate of Conformity as 31outlined in the Land Development Regulations. 32 CERTIFICATE OF ECONOMIC HARDSHIP – 33See “HP.” ISTORIC RESERVATION 34 CERTIFICATE OF OCCUPANCY 35- A statement signed by the city development director setting 36forth that a building or structure legally complies with the City of Boynton Beach Building and Zoning 37Codes and that the same may be used for the purposes stated therein. October 27, 2010 16 DEFINITIONS 1 CERTIFICATION OF CONCURRENCY 2- Shall constitute proof Proof that public facilities are or 3will be available, consistent with the adopted levels of service and the conditions set forth in the Land 4Development Regulations Chapter 1.5, and shall specify the public facilities which are to be 5constructed, timing of construction and responsibility for construction. Certification of concurrency 6shall reserve capacity in the public facilities which are available, until the certification of concurrency 7expires. 8 CERTIFIED DOCUMENTS 9- Drawings, estimates, warranties, etc. certified signed and sealed by a 10Florida registered architect, engineer and/or land surveyor guaranteeing that the documents are true, 11accurate and in compliance with all applicable laws, rules and regulations. 12 CERTIFIED LOCAL GOVERNMENT (CLG) - 13See “HP.” ISTORIC RESERVATION 14 CHANGEABLE COPY SIGN 15- A sign of permanent character, but with removable letters, words or 16numerals, indicating the names or persons associated with, or events conducted upon, the premises 17upon which a sign is erected. This sign may be erected as a part of a freestanding sign. 18 CHECK CASHING – 19A person or business that for compensation engages, in whole or in part, in the 20business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same 21purpose. This use does not include a state or federally chartered bank, savings association, credit union, 22or industrial loan company. 23 CHICKEE HUT or CHIKI HUT 24 - (a.k.a.Tiki Hut) - A type of "open-air structure pavilion" that is 25specifically described as an open-sided wooden hut with a thatched roof of palm or palmetto or other 26traditional materials, constructed by the Miccosukee Tribe of Indians of Florida or by the Seminole 27Tribe of Florida, and does not incorporate any electrical, plumbing, or other non-wood 28features into its construction. This type of structure is specifically defined pursuant to the review and 29approval consistent with Florida Law. 30 CHILD 31- An unmarried person under the age of eighteen (18) years. 32 CHILD CARE FACILITY 33Child care facility- An establishment that provides care, protection and 34supervision for children on a regular basis away from their primary residence for less than twenty-four 35(24) hours per day.The term does not include facilities operated in conjunction with an employment 36use or other principal activity, where children are cared for while parents or custodians are occupied on 37the premises or in the immediate vicinity. 38 CHURCH 39 - Also known as a place of worship, is a building or group of buildings wherein persons 40regularly assemble for religious worship and related activities. Day care centers, primary and 41secondary schools, seminaries, and colleges and universities shall not be construed to be an accessory 42use to a church. 43 CITY 44- The City of Boynton Beach, a municipality established in the County of Palm Beach, State of 45Florida to be a political corporation under the name of City of Boynton Beach pursuant to the laws of 46Florida. The City of Boynton Beach, Florida. 47 October 27, 2010 17 DEFINITIONS CITY COMMISSION - 1City Council / Commission. Whenever the words “City Commission” are 2used, they shall be construed to mean the City Commission of the City of Boynton Beach. 3 CITY ENGINEER 4- A Florida licensed professional engineer in charge of the City of Boynton Beach, 5Department of Public Works / Engineering Division, and who acts as the administrative officer for the 6purposes of implementing the City's platting requirements. A Florida registered engineer in charge of 7the Boynton Beach Engineering Division. 8 CITY INPSECTOR - 9The person(s) designated by a city administrator to inspect improvements, a 10business, or property for compliance with the City’s regulations. City inspector: The city forester or 11any person designated by the city manager to enforce the City’s Code or Ordinances provisions of this 12article. 13 CITY STANDARDS 14- Standards adopted by resolution by the City of Boynton Beach. 15 CITY STREET SYSTEM 16- The City city street system of each municipality consists consisting of all 17local roads within that municipality, and all collector roads inside the City of Boynton Beach that 18municipality, which are not in the State of Florida or Palm Beach County county road system. 19 CITY SURVEYOR AND MAPPER 20- A Florida licensed professional surveyor and mapper, under 21contract or employment with the City of Boynton Beach, Florida in accordance with §. 177.081 (1) Fla. 22Stat., as amended from time to time. 23 CLINIC 24- An establishment where patients, who are not lodged overnight except for observation or 25emergency treatment, are admitted for examination and treatment by one (1) person or group of persons 26practicing any form of healing or health building services to individuals, whether such persons be 27medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, 28veterinarians or any such profession, the practice of which is lawful in the State of Florida. 29 CLEANING SUPPLY STORE (SWIMMING POOLS, JANITORIAL) 30 – An establishment 31primarily engaged in the retail sales of supplies, materials, chemicals, and other specialized lines of 32merchandise for the cleaning of swimming pools and other household items (interior and exterior) and 33janitorial businesses. 34 CLOTHING & ACCESSORIES 35– An establishment primarily engaged in retailing new clothing and 36clothing accessories merchandise from fixed point-of-sale locations. 37 CLUB- 38Buildings and facilities owned and operated by a corporation or association of persons for 39social or recreational purposes but not operated primarily for a profit or to render a service which is 40customarily carried on as a business. 41 COASTAL HIGH HAZARD AREA – 42See “F,CHHA.” The area LOODOASTALIGHAZARDREA 43subject to high velocity waters caused by, but not limited to, hurricane wave wash or tsunamis. The 44area is designated in a FIRM as zone V1-30, VE, or V. 45 COMMERCIAL ZONING DISTRICT 46 - Whenever the words “commercial district” or “commercial 47zoning district” are used, they are construed to include any or all of the following zoning districts: C-1 October 27, 2010 18 DEFINITIONS 1Office and Professional Commercial; C-2 Neighborhood Commercial; C-3 Community Commercial; C- 24 General Commercial; CBD Central Business District; and PCD Planned Commercial Development. 3 CODE 1958 - 4Code 1958. Any reference herein to “Code 1958” shall be construed to mean the “Code 5of Ordinances, City of Boynton Beach, Florida,” adopted October 20, 1958, by Ordinance Number 315, 6as from time to time amended and supplemented. 7 8Coffee house. An informal cafe or restaurant primarily offering coffee, tea, and other non-alcoholic 9beverages, and where light refreshments and limited menu meals may also be sold. 10 COIN-OPERATED LAUNDRY 11– An establishment primarily engaged in operating facilities with 12coin-operated or similar self-service laundry / dry cleaning equipment for customer use on the premises, 13contingent upon the floor area of such use is entirely enclosed. 14 COLLECTOR ROAD OR STREET 15– See “S,C.”- A route providing service which TREETOLLECTOR 16is of relatively moderate average traffic volume, moderately average trip length and moderately average 17operating speed. Such a route also collects and distributes traffic between local roads or arterial roads 18and serves as a linkage between land access and mobility needs. A street shown or described as a 19collector according to the current or most recent functional classification contained in the City of 20Boynton Beach Comprehensive Plan, as adopted and amended, is a collector street. 21 COLLEGE, UNIVERSITY, SEMINARY 22– An establishment primarily engaged in furnishing 23academic courses and granting degrees at associate, baccalaureate or graduate levels. The requirement 24for admission is at least a high school diploma or equivalent. 25 COLOCATION 26 - The practice of installing and operating multiple wireless carriers, service providers, 27and/or radio common carrier licensees on the same antenna support structure or attached wireless 28communication facility using different and separate antenna, feed lines and radio frequency generating 29equipment. 30 COMBUSTIBLE SIGN 31- Any sign or sign structure which will ignite or support flames and which has 32a low flame point. Prime examples of combustible signs would be wood, non-U.L. approved plastics, 33cloths, etc. 34 COMMERCIAL TRUCK 35- A truck defined as such by the rules of the Florida Department of 36Highway Safety and Motor Vehicles. 37 COMMERCIAL ZONING DISTRICT 38- All C-1, C-2, C-3, C-4, CBD, and PCD zoning districts. 39 COMMISSION 40- The City Commission of the City of Boynton Beach, Florida. 41 COMMUNITY FACILITIES 42– A governmental use established primarily for the benefit and service 43for the population of the community in which it is located. 44 COMMUNITY GARDEN 45 – See “G.” ARDEN 46 COMMUNITY SUPPORTED AGRICULTURE (CSA) 47 – A form of food production and 48distribution where a group of individuals pledge to support and provide capital to a farm thereby October 27, 2010 19 DEFINITIONS 1sharing the risks and benefits of food production. Typically, members or “share-holders” (e.g., 2individuals, businesses, restaurants) of the CSA pledge in advance to cover the anticipated costs of the 3farm operation and in return, receive shares in the farm’s yield throughout the growing season. See 4“G.” ARDEN 5 COMPLETELY ENCLOSED 6- A building separated on all sides from the adjacent open area, or from 7other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced 8only by windows or entrances or exit doors normally provided, and open for the accommodation of 9persons, goods, or vehicles. 10 COMPOSTING 11 – A controlled biological reduction of organic wastes to humus. 12 COMPREHENSIVE PLAN 13- The Comprehensive Plan of the City of Boynton Beach as adopted and 14amended and required by the Florida Statutes F.S. 163. 15 COMPUTATION OF TIME- 16Computation of time. In computing any period of time prescribed or 17allowed by this Code or Regulations, the day of the act, event or default from which the designated 18period of time begins to run shall not be included. The last day of the period so computed shall be 19included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the 20end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time 21prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays 22shall be excluded in the computation. 23 24CONCEALED WIRELESS COMMUNICTION FACILITYC – See “W IRELESS OMMUNICATION 25F.” ACILITY 26 CONCEPTUAL FEEDBACK - 27General reaction to a thought or idea with the clear understanding that 28further development of the thought or idea will be considered only when it is in conformance with all 29codes, ordinances, rules and regulations. Conceptual feedback neither provides nor implies either 30present or future waivers, variances, exceptions or exemptions from any codes, ordinances, rules and/or 31regulations. 32 CONCURRENCY 33- The requirement that the necessary public facilities and services to maintain the 34adopted level of service standards are available when the impacts of development occur. 35 CONCURRENCY EXEMPTION DETERMINATION 36– A written certification by the planning 37director that a development order or permit is exempt with respect to meeting the concurrency 38requirements for a particular public facility. 39 CONDITIONAL CERTIFICATION OF CONCURRENCY 40- Shall mean that there is The 41reasonable likelihood that the necessary public facilities would be provided by the developer, a 42governmental agency, or by other developers, but that the conditions set forth herein cannot be met. 43The conditional certification of concurrency shall specify the public facilities which are to be 44constructed, timing of construction and responsibility for construction. A conditional certification of 45concurrency shall reserve capacity in the public facilities which specified as such, until the conditional 46certification of concurrency expires. 47 CONDITIONAL USE 48 – See “U,C.” SEONDITIONAL October 27, 2010 20 DEFINITIONS 1 CONDOMINIUM 2- See “POA.” ROPERTY WNERS SSOCIATION 3 CONSIGNMENT SHOP 4 - See “M,U.” ERCHANDISESED 5 CONSTRUCTION PLANS 6- Certified documents from which a complete review and analysis can be 7made of all required improvements without research and/or additional data. 8 CONTIGUOUS LANDS 9- Lands that abut each other or are separated only by streets, ways, 10easements, pipelines, powerlines, conduits or rights-of-way under ownership of the petitioner, a 11governmental agency, a subdivision or a public or private utility. Also see the Florida Statues in 12connection with annexation. 13 CONTRACTOR - 14A contractor undertakes trades of a type that are specialized to assist in building 15construction and remodeling. This definition includes but is not limited to heating, air conditioning, 16plumbing, roofing, paving, underground, and landscaping. CONTRACTOR’S WORKSHOP – 17An enclosed space used for the housing and / or operating of 18machinery, the provision of services, the fabrication of building-related products, and interior storage. 19 CONTRIBUTING PROPERTY - 20See “HP.” ISTORIC RESERVATION 21 CONVALESCENT HOME 22– See “GH.” ROUPOME 23 CONVENIENCE STORE 24-Convenience store An establishment known as a convenience store or a 25food mart (except those with fuel pumps) is primarily engaged in retailing a limited line of goods that 26generally includes milk, bread, soda, and snacks. The term “convenience store” does not include a store 27which is solely or primarily a restaurant. A small store near a residential area that stocks food and 28general goods and is open all or most of the day and night. 29 CONVENTIONAL ZONING DISTRICT 30- All zoning districts which are not planned zoning 31districts. Whenever the words “conventional district” or “conventional zoning district” are used, they 32are construed to exclude any or all of the following zoning districts: IPUD Infill Planned Unit 33Development; PUD Planned Unit Development; MHPD Mobile Home Planned Development; PCD 34Planned Commercial Development; SMU Suburban Mixed-Use; MU-L1 Mixed Use-Low Intensity 1; 35MU-L2 Mixed Use-Low Intensity 2; MU-L3 Mixed Use-Low Intensity 3; MU-H Mixed Use-High 36Intensity; and PID Planned Industrial Development. 37 CONVERTED PAPER PRODUCT PROCESSING - 38An establishment primarily engaged in 39converting paper or paperboard without manufacturing paper or paperboard. This use is limited to 40cutting, stamping, folding, laminating, lining, coating, and treating of purchased paper, paperboard, foil, 41sheet, or film materials. COPYING, PRINTING, AND SIGN DESIGN 42- An establishment primarily engaged in providing 43photocopying, duplicating, blueprinting, office support and printing services (excluding commercial 44printing operations- see “PCP).” This use also includes the UBLISHING AND OMMERCIAL RINTING 45preparation of temporary signs such as banners, pennants, or other signs constructed of non-rigid 46materials not intended for permanent display. October 27, 2010 21 DEFINITIONS CORNER 1- See “L.” “Lot.” OT 2 COSMETICS, BEAUTY SUPPLY, AND PERFUME – 3An establishment primarily engaged in the 4retail sales of cosmetics, beauty supplies, perfumes, colognes, and the like. 5 COSMETOLOGY AND BARBER SCHOOLS 6- An establishment primarily engaged in offering 7training in barbering, hair styling, or the cosmetic arts, such as makeup or skin care.These schools 8provide job-specific certification. 9 COST ESTIMATE 10- A certified estimate of the cost of surveying, testing, all required improvements, 11supervision, profit, and overhead. 12 COUNSELING 13- An establishment that provides professional advice, therapy, and guidance for 14matters concerning but not limited to marriage and family, occupation and career, debt and finance, 15mental health, and substance abuse. This use excludes administering medications and in-patient or 16resident care. 17 COUNTY 18- The words “the county” or “this county” shall mean the county of Palm Beach. 19 COUNTY ROAD SYSTEM 20- The county road system consisting of each county consists of all 21collector roads in the unincorporated areas and all extensions of such collector roads into and through 22any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not 23in the State Highway System. 24 COVERED WALKWAY AND ARCADE SIGN 25- A sign which is perpendicular to the building face 26and is suspended from, attached to, supported from or forms part of, a covered walkway and is rigid. 27 CROSSWALK 28- That part of a roadway at an intersection included within the connections of the 29lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the 30absence of curbs, from the edges of the traversable roadway. Any portion of a roadway at an 31intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the 32surface. 33 CUL-DE-SAC 34- See “S,C-D-S.” TREETULEAC 35 CURRENT STANDARDS 36- Documents, drawings, specifications, details, laws, rules, regulations, 37ordinances and the like in effect on the date an application or amended application, whichever is later, 38is presented for consideration. 39 CUSTOM FURNISHINGS - 40Custom furnishings. Home furniture and decorative objects built to a 41buyer's specifications. 42 CUSTOMARY PLAQUE 43- A sign identifying the address, operator's name or activity taking place 44within the facility, not to exceed two (2) square feet in area. 45 CYBER CAFÉ - 46Cyber cafe. A coffee house that provides patrons with computer terminals for 47browsing the Internet for a fee. October 27, 2010 22 DEFINITIONS DAIRY PRODUCTS MFG – 1An establishment that manufactures dairy products from raw milk, 2processed milk, and dairy substitutes. 3 DAY CARE - 4An establishment that provides care, protection and supervision for children or adults on 5a regular basis away from their primary residence for less than 24 hours per day. The term does not 6include facilities operated in conjunction with an employment use or other principal activity, where 7children are cared for while parents or custodians are occupied on the premises or in the immediate 8vicinity. 9 DAY SPA - 10Day spa. Spa facilities that have no overnight accommodations, but offer (an array of spa 11treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation 12programs that may last from a few minutes up to a full day. DAY & TRADE LABOR POOL (TEMPORARY HELP) - 13An establishment engaged in providing 14temporary day or manual labor service for the construction, maintenance, agricultural, or industrial 15trades. 16 dBA 17- The total sound level of all noise as measured with a sound level measuring device using A- 18weighting network. The unit is decibel-based on a reference sound pressure of .0002 microbars. 19 DEAD END STREET - 20 See “S,C-D-S.” A street with only one outlet. TREETULEAC 21 DEED RESTRICTION 22Deed Restriction– Each Workforce Housing Unit created under the Program 23shall be deed restricted for thirty (30) years.The Deed Restriction shall be recorded and serve to 24restrict the sales or rental price and/or the income of the purchaser or renter. 25 DEMOLITION 26- Any intentional dismantling, intentional destruction, or removal of structures, 27utilities, public or private right-of-way surfaces, or similar property. Also see “HISTORIC 28PRESERVATION, DEMOLITION.” 29 DENSITY 30 - The number of residential dwelling units permitted on a particular lot or within a project 31determined by dividing the applicable zoning district minimum lot size for one dwelling unit into the 32gross acreage of said lot. Density is always expressed in terms of dwelling units per gross acre 33(d.u./g.ac.). An existing or projected relationship between numbers of dwelling units and land area. 34 October 27, 2010 23 DEFINITIONS 1 DEPARTMENT OF TRANSPORTATION STATE STANDARDS 2- The most recent edition of all 3state standards and specifications. 4 DESIGN GUIDELINES HANDBOOK 5 – See “HP.” ISTORIC RESERVATION 6 DEPARTMENT STORE 7- A retail establishment offering a wide variety of merchandise, and 8organized into departments, according to the type of merchandise sold. 9 DEVELOPER 10- The owners of record executing the dedication required by s. 177.081, Fla. Stat., and 11applying for approval of a plat of a subdivision pursuant to this Chapter. Any individual, firm, 12association, syndicate, copartnership, corporation, trust or any other legal entity commencing 13proceedings under this ordinance. The term“developer” includes the term“subdivider”. 14 DEVELOPER'S ENGINEER 15- A professional engineer, registered in Florida, engaged retained by the 16developer. 17 DEVELOPMENT 18- A single use or combination of uses, proposed or approved, that may include but 19not be limited to a single-family subdivision, townhomes, rental apartments, condominiums, public 20facilities, commercial buildings, shopping centers, or industrial projects, possibly of similar design, 21constructed as a unified community. Development shall also include the meaning given it in §. 380.04 22Fla. Stat., pursuant to a development order or permit. With respect to workforce housing, it shall mean 23a proposed Development -A development at one location which includes at least ten (10) residential 24units for which site plan approval is required. has been granted.Shall have the meaning given it in 25Section 380.04, Florida Statutes, pursuant to a development order or permit. 26 DEVELOPMENT 27means any construction, or redevelopment, or structural alteration of any private or 28public building within the limits of the City. 29 DEVELOPMENT ACTIVITY - 30Application for a master plan, site plan, rezoning, building permit, or 31variance, as it relates to the Notice of Intent section of these regulations. 32 DEVELOPMENT AGREEMENT 33- An agreement entered into between a local government and a 34person in connection with the approval of a development order or permit including, but not limited to, a 35development agreement pursuant to Section 163.3220, Florida Statutes, or an agreement on a 36development order issued pursuant to Section 380.01 et seq., Florida Statutes. 37 DEVELOPMENT AREA 38– Under the provisions of the Wireless Communication Facilities (WCF) 39section of these regulations, it is the area occupied by a WCF including areas inside or under the 40following: an antenna-support structure’s framework, equipment cabinets, ancillary structures and 41access ways. 42 DEVELOPMENT ORDER 43- Any order granting, denying, or granting with conditions an application 44for a development permit. A development order becomes effective upon approval by the City 45Commission and issuance, in writing, by the city attorney. 46 DEVELOPMENT PERMIT 47 - Any permit authorizing for required improvements, building(s), zoning, 48rezoning, plat approval, certification, variance, or other action having the effect of permitting October 27, 2010 24 DEFINITIONS 1commencement of development as defined in Florida Statutes, Section 380.04, or any other official 2action or types of action by the city which, in the judgement of the city manager, would permit the use 3or development of land similar to any of the listed actions. 4 DEVELOPMENT, ELIGIBLE 5 - Under the Workforce Housing provisions of these regulations, an 6“eligible development” is a proposed development at one location which includes at least ten (10) 7residential units for which site plan approval is required has been granted. 8 DIET / NUTRITION CENTER – 9An establishment that conducts non-medical types of services to 10assist clients in attaining or maintaining a desired weight. The sale of weight reduction products, such 11as food supplements, may be an integral component of the program. These services typically include 12individual or group counseling, menu and exercise planning, and weight and body measurement 13monitoring. 14 15DIRECTIONAL SIGNS - (1) On-premises, incidental signs designed to guide or direct pedestrians or 16vehicular traffic. (2) Signs erected or permitted by the city, Palm Beach County, State of Florida or the 17United States Government or agency thereof, for the direction or safety of the public. (3) A sign, 18notice,or symbol as to the time and place of regular civic meetings and religious services. 19 DIRECTORY SIGN 20- A freestanding or flat sign listing only the name and/or use or location of more 21than one (1) business, activity or profession conducted within a building, group of buildings or 22commercial center. 23 DISTRIBUTOR - 24Distributor. Any individual or business entity engaged in the dissemination of any 25publication utilizing a newsrack located in the City of Boynton Beach. 26 DISTRICT, PLANNED ZONING – 27See “PZD.” LANNEDONINGISTRICT 28 DISTRICT, COMMERCIAL ZONING 29 – See “CZD.” OMMERCIAL ONINGISTRICT 30 DISTRICT, HISTORIC 31 – See “HD.” ISTORIC ISTRICT 32 DISTRICT, INDUSTRIAL ZONING – 33See “IZD.” NDUSTRIALONINGISTRICT 34 DISTRICT, MISCELLANEOUS ZONING 35 – See “MZD.” ISCELLANEOUS ONINGISTRICT 36 DISTRICT, MIXED USE ZONING – 37See “MUZD.” IXEDSEONINGISTRICT 38 DISTRICT, RESIDENTIAL ZONING 39 – See “RZD.” ESIDENTIALONINGISTRICT 40 DISTRICT, (ZONING) - 41See “ZD.” Any certaindesignateddescribed area of the City ONINGISTRICT 42of Boynton Beach to which these regulations apply and within which the zoning regulations are 43uniform. 44 DOCTOR’S OFFICE 45 - See “MODO.” EDICAL RENTALFFICE 46 October 27, 2010 25 DEFINITIONS DOUBLE FACED SIGN 1- A sign with two (2) faces which are back to back with no more than a 2forty-five (45) degree angle between the faces. 3 DOUBLE-KEYED DEAD BOLT - 4Double-keyed dead bolt is a dead bolt lock actuated by a key from 5the inside and outside. 6 DRIP LINE - 7Drip line: A vertical line running through the outermost part of the crown of a tree and 8extending to the ground, provided, however, that the same shall not be less than a ten-foot diameter 9circle which is drawn from the center line of the trunk of a tree. 10 11 12 DRIVE-IN RESTAURANT 13- A restaurant which includes facilities to serve food and beverage to 14patrons for consumption by patrons in automobiles on the premises. 15 DRIVE-THRU RESTAURANT 16- A restaurant which includes facilities to serve food and beverages 17to patrons who are in their automobiles with the intention of driving away from the property and 18consuming their food and beverage elsewhere. 19 DRIVEWAY, MINOR 20 - The paved area between a public street and private property intended to 21provide ingress and egress for vehicular traffic from the public streets or thoroughfare to a definite area 22of private property, or which connects parking aisles or provides access to parking aisles. A minor 23driveway is one that serves an average daily traffic (ADT) volume of not more than 500 vehicles (trips) 24per day. Location and driveway width is set forth in the Engineering Design Handbook and 25Construction Standards. 26 DRIVEWAY, INTERMEDIATE 27 - The paved area between a public street and private property 28intended to provide ingress and egress for vehicular traffic from the public streets or thoroughfare to a 29definite area of private property, or which connects parking aisles or provides access to parking aisles. 30An intermediate driveway is one that serves an average daily traffic (ADT) volume greater than 500 31vehicles (trips) per day, but not more that 2,000 vehicles (trips) per day. Location and driveway width 32is set forth in the Engineering Design Handbook and Construction Standards. 33 DRIVEWAY, MAJOR 34 - The paved area between a public street and private property intended to 35provide ingress and egress for vehicular traffic from the public streets or thoroughfare to a definite area 36of private property, or which connects parking aisles or provides access to parking aisles. A major 37driveway is on that serves an average daily traffic (ADT) volume in excess of 2,000 vehicles (trips) per October 27, 2010 26 DEFINITIONS 1day. Location and driveway width is set forth in the Engineering Design Handbook and Construction 2Standards. 3 DRIVEWAY 4- The paved area between a public street and private property intended to provide 5ingress and egress for vehicular traffic from the public street or thoroughfare to a definite area of 6private property, or which connects parking aisles or provides access to parking aisles. 7 DRIVEWAY, MAJOR DRIVEWAY 8- A main ingress or egress to a public street from the site of any 9development generating more than 1,000 vehicular trips per 24 hour day or more than 250 trips in any 10single hour including, but not limited to, a shopping center, multiple-family development, industrial 11park, hospital or any other use. 12 DRUG STORE 13 - See “P&DS.” HARMACYRUGTORE 14 DRY CLEANER 15 – An establishment that dry cleans or launders articles of clothing and garments that 16are deposited on the premises directly by the customer. The cleaning and / or laundering of articles of 17clothing / garments may occur either on or off the premises. The business is small-scale and not 18intended to perform as a dry cleaning plant.  19 DRY CLEANING PLANT 20- An establishment that cleans fabrics, textiles, wearing apparel, or articles 21of any sort by immersion and agitation, or by immersions only, in volatile solvents including, but not by 22way of limitations, solvents of the petroleum distillate type, and / or the chlorinated hydrocarbon type, 23and the processes incidental thereto. These establishments are typically not open to the general public 24and primarily cater to a commercial and / or industrial clientele. 25 26DUPLEX,T-F(D).” – See “D WELLINGWOAMILYUPLEX 27 DWELLING 28 - A building or portion thereof used exclusively for residential occupancy or habitation, 29but excluding hotels and motels, group homes, boats, recreation vehicles, tents, and the like. 30 DWELLING, MULTI-FAMILY 31– A building, typically referred to as an apartment or condominium, 32containing three (3) or more dwelling units, all of which share a common vestibule. 33 DWELLING, SINGLE-FAMILY (DETACHED) - 34A detached building or modular structure 35containing one (1) dwelling unit entirely surrounded by open space and not attached to another dwelling 36unit’s foundation or roof or joined at one (1) or more sides by a tenant separation (party) wall or walls. 37 DWELLING, TWO-FAMILY (DUPLEX) 38 – A detached building containing two (2) dwelling units, 39both of which share a common tenant separation (party) wall, and each unit has direct access to the 40outside. 41 DWELLING UNIT (DU) 42 - A residential unit comprised of one (1) or more habitable rooms connected 43together, providing complete, independent, living facilities for a single family, and which includes 44permanent provisions for living, cooking, eating, sleeping, and sanitation. For the purposes of 45determining impact fees, the term “residential unit” shall be considered an apartment, condominium, 46single-family detached house, mobile home, single-family attached house, or multi-family housing 47established for human habitation. A house, apartment, building or any part thereof used primarily for October 27, 2010 27 DEFINITIONS 1human habitation and shall include bath and culinary accommodations. 1. Single-family dwelling: A 2building containing only one (1) single-family dwelling unit. 2. Multiple-family dwelling: A building 3containing two (2) or more dwelling units. 4 DWELLING RESIDENTIAL UNIT (DU) 5– An apartment, condominium, single-family 6detachedhouse, mobile home, single-family attached house or multi-family housing established for 7human habitation. 8 EASEMENT 9- Any strip of land created by a subdivider for public or private utilities, drainage, 10sanitation, or other specified uses having limitations, the title to which shall remain in the name of the 11property owner, subject to the right of use designated in the reservation of the servitude. An interest in 12land granted for limited use purpose, but which does not convey title to real property. 13 EASEMENT, LIMITED ACCESS EASEMENT 14– - A strip of land which does not permit access 15except at authorized and controlled points. 16 ECONOMIC HARDSHIP 17 – See “HD.” ISTORIC ISTRICT 18 ECOSYSTEM - 19 Ecosystem: An assemblage of living organisms (plants, animals, microorganisms, 20etc.) that functions as a dynamic whole through organized energy flows. 21 EGRESS 22 – An exit. 23 EFFECT 24 – See “HD.” ISTORIC ISTRICT 25 EFFICIENCY 26– See “A,E.” PARTMENTFFICIENCY 27 ELECTRICAL EQUIPMENT, APPLIANCE & COMPONENT ASSEMBLY 28– An establishment 29that assembles products, finished parts, and materials which generate, distribute and use electrical 30power. 31 ELECTRICAL SIGN 32- A sign or sign structure in which integral electric wiring, connections and/or 33fixtures are used and connected to an electric source and meeting the requirements of the National 34Electrical Code. 35 ELECTRONICS AND APPLIANCE STORE - 36An establishment primarily engaged in retailing 37televisions, stereos, and other home / car electronic appliances. This use would include the retailing of 38cameras and other audio-visual equipment. The repair of this merchandise is incidental to the principal 39use (retail sales). 40 ELEVATED BUILDING 41- Building without a basement in which the lowest floor is elevated above 42the ground. 43 ELIGIBLE OCCUPANT - 44Eligible Occupant Relative to the Workforce Housing Program contained 45in these regulations, it is a A person who qualifies for participation in the program whose income does 46not exceed 120% of Median Household Income for Palm Beach County as set by HUD Priority will be October 27, 2010 28 DEFINITIONS 1given to persons who have lived or worked within the City limits of Boynton Beach continually for one 2year immediately prior to the date of application for a Workforce Housing Unit. 3 ENCROACHMENT- 4“Encroachment”: Encroachment is any protrusion of a vehicle outside of a 5parking space, display area or accessway into the landscaped area. There shall be no encroachment 6over or into any landscaped area. Wheel stops and/or cuts shall be placed at least two (2) feet from the 7edge of such landscaped area as well as two (2) feet from any preserved or planted tree. Where a wheel 8stop or curb is utilized, the paved area between the curb and the end of the parking space may be 9omitted, providing it is landscaped in addition to the required landscaping as provided herein. 10 ENDANGERED, THREATENED, AND RARE SPECIES OF SPECIAL CONCERN - 11 12Endangered, threatened and rare species and species of special concern: Species listed as endangered, 13threatened, rare or of special concern by one (1) or more of the following agencies: 1) U.S. Fish and 14Wildlife Service, 2) Florida Game and Fresh Water Fish Commission, 3) Florida Committee on Rare 15and Endangered Plants and Animals, 4) Florida Department of Agriculture, and 5) Treasure Coast 16Regional Planning Council. 17 ENGINEER, REGISTERED 18- A person registered as a professional engineer in the State of Florida, 19in accordance with Chapter 471, Fla. Stat., who is good standing with the Florida Board of Professional 20Engineers. A professional engineer registered by the State of Florida and trained in the field of 21engineering. 22 ENLARGEMENT OR TO ENLARGE 23- An enlargement is an addition to the floor area of an 24existing building, an increase in the size of any structure, or an increase in that portion of a tract of land 25occupied by an existing use. To enlarge is to make an enlargement. 26 ENTERTAINMENT, INDOOR – 27An establishment primarily engaged in operating amusement 28arcades / parlors, billiard halls, bowling alleys, paint ball, shooting ranges, skating rinks, and the like. 29Arcades include any electric or electronic machines (i.e. pinball, video games) which provide 30amusement, enjoyment, or entertainment, and must comply with Chapter 849, Florida Statutes. See 31“AA.” MUSEMENT RCADE 32 ENTERTAINMENT, OUTDOOR 33- An establishment offering recreation, entertainment, or games of 34skill to the general public for a fee or charge wherein any portion of the activity occurs in the open. 35Typical uses include but are not limited to amusement and water parks, skateboarding, batting cages, 36miniature golf and driving ranges, tennis clubs, and other types of recreation and entertainment not 37otherwise defined. 38 ENVIRONMENTALLY SENSITIVE LANDS - 39 Environmentally sensitive lands: Ecological sites 40(ecosites) representing high quality native Florida ecosystems. 41 EQUIPMENT CABINET 42– Under the provisions of the Wireless Communication Facilities section of 43these regulations, it is any structure such as a cabinet, shelter, or pedestal used to exclusively contain 44radio or other equipment necessary for the transmission or reception of wireless communication signals. 45 EQUIPMENT COMPOUND 46- The fenced area surrounding a wireless communication facility 47including the areas inside or under the following: an antenna support structure’s framework and October 27, 2010 29 DEFINITIONS 1ancillary structures such as equipment necessary to operate the antenna on the including cabinets, 2shelters, pedestals, and other similar structures. 3 ERECT (SIGNS) 4- To build, construct, attach, hang, place, suspend or affix, and shall also include 5the painting of signs. 6 ESSENTIAL SERVICES – 7Facilities owned and / or operated by a governmental entity or public 8service provider of essential services and infrastructure (including but not limited to gas, electrical, 9potable water, sanitary sewer) for the general public health, safety, convenience, and welfare. 10 EXCAVATION OR EXCAVATING 11- The removal of materials from either above or below the 12water table and/or the grading, mixing or spreading of materials. 13 EXEMPTION DETERMINATION 14- See “CED.” A written ONCURRENCYXEMPTIONETERMINATION 15certification by the planning director that a development order or permit is exempt with respect to 16meeting the concurrency requirements for a particular public facility. 17 EXPRESSWAY 18- A street shown or described as such according to the current or most recent 19functional classification system contained in the City of Boynton Beach Comprehensive Plan, as 20adopted and amended. 21 EXTERIOR DISPLAY 22- The display Display of merchandise, as an accessory use in to a lawful 23principal use, outside of the walls of the building or within any area which is not fully enclosed by 24building walls, in such a manner so as to allow for viewing or inspection of merchandise by customers. 25 EXTERIOR STORAGE 26- The keeping of merchandise, materials, equipment or supplies, and the like, 27outside of the walls of a building or within any area which is not fully enclosed by building walls, 28which is generally not for the purpose of allowing inspection or viewing by customers. 29 EXTERMINATING AND PEST CONTROL – 30An establishment offering the control and elimination 31of insects, rodents or other pests by eliminating their harborage places by removing or making 32inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by 33any other recognized and legal pest elimination method. 34 EXTERMINATION- 35Extermination- the control and elimination of insects, rodents or other pests by 36eliminating their harborage places by removing or making inaccessible materials that may serve as their 37food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest 38elimination method. EXTRAORDINARY CONDITIONS 39Extraordinary conditions- Subsequent to a hurricane, flood or 40other natural disaster. 41 FAA 42 - The Federal Aviation Administration. 43 FABRICATION 44- The assembly or forming of goods using finished or semifinished materials, as 45opposed to the manufacture of primary materials. 46 October 27, 2010 30 DEFINITIONS FACING OR SURFACE 1- Shall mean the surface of the sign upon, against or through which the 2message is displayed or illustrated on the sign. 3 FAMILY 4- One (1) or more persons occupying a single dwelling housekeeping unit and using common 5cooking facilities, provided that all such persons shall be related by blood, marriage or adoption, except 6that not more than one (1) person who is not related as such shall also be permitted to reside in the same 7unit. Families who provide care in their own home as duly state licensed foster family homes, in which 8dependent children have been duly placed by the State of Florida, and 125which include not more than 9five (5) children (both natural and foster) in the household, are expressly included within this term. 10 FAMILY DAY CARE 11- A residence providing day care services for a number of children which is 12limited in accordance with Florida law, and which shall be construed to be an accessory use to any 13dwelling unit located in a residential or PU district, or in any commercial zoning district, excluding C-4 14district. 15 FARM – 16See “G.” ARDEN 17 FARM STAND 18 – A temporary sales table or kiosk that is used for the retail sales of fruits, vegetables, 19nut, or herbs in connection with a CG. OMMUNITY ARDEN 20 FCC 21 - The Federal Communications Commission. 22 FEED LINES (ICEBRIDGE OR BRIDGE) 23- Cables used as the interconnecting media between the 24transmission/receiving base station and the antenna. 25 FESTOONS 26- Strings of ribbons, lights, tinsel, small flags, discs, spinners, pinwheels or any device 27propelled by natural forces used for the purpose of attracting attention. 28 FILL OR FILLING 29- Placing material removed from another area on and/or off site. 30 FITNESS / HEALTH CLUB - 31Fitness/health club. A commercial recreation and entertainment 32facility or private club which has as a principal use a gymnasium, swimming pool or other sports 33facility and which may offer massages, whirlpool baths, steam rooms, saunas or medical facilities as 34accessory uses to the principal use. 35 FIRST TIME HOME BUYER – 36First Time Home BuyerA person who has not held ownership in a 37residence within the past three years. 38 FIXED PROJECTION SIGN 39- A sign, other than a flat sign, which extends outward for more than 40eighteen (18) inches from the facade of any building and is rigidly affixed thereto. 41 FLAG 42- A piece of cloth used as the national, state, municipal, civic or church symbol, registered 43corporate logo, or internationally recognized symbol, properly displayed in accordance with published 44federal, state, municipal, civic or church adopted guidelines and displayed on a designated pole located 45in a proper holder or in other ways approved by an appropriate national, state, municipal, civic or 46church agency. The maximum allowed is two (2) different flags per pole and only one (1) pole per lot 47or bay frontage. 48 October 27, 2010 31 DEFINITIONS FLASHING SIGN 1- A sign, either fixed or portable, which uses or contains intermittent or a 2sequential flashing light source with the exception of a time or temperature sign or Dow Jones average 3sign which is part of a permitted commercial sign. 4 FLAT SIGN 5- A sign erected parallel to, and extending not more than eighteen (18) inches from, the 6facade of any building to which it is attached and supported throughout its entire length by the facade of 7the building and not extending above or beyond the building. 8 FLOOD (FLOODING) - 9Flood or flooding- a A general and temporary condition of partial or 10complete inundation of normally dry land areas from the overflow of inland or tidal waters or the 11unusual and rapid accumulation of runoff of surface waters from any source. 12 AREA OF SHALLOW FLOODING - 13Area of shallow flooding - A designated AO or VO 14zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to 15three (3) feet where a clearly defined channel does not exist, where the path of flooding is 16unpredictable and indeterminate, and where velocity flow may be evident. 17 BASE FLOOD 18Base flood - a A flood having a one percent (1%) chance of being equalled or 19exceeded in any given year. 20 COASTAL HIGH HAZARD AREA 21Coastal high hazard area- - The area below the 22elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges 23from Hurricanes (SLOSH) computerized storm surge model. 24 FLOOD HAZARD BOUNDARY MAP (FHBM) 25Flood hazard boundary map (FHBM)- an 26An official map of a community issued by the Federal Emergency Management Agency where 27the boundaries of the areas of special flood hazard have been defined. 28 FLOOD INSURANCE RATE MAP (FIRM) 29Flood insurance rate map (FIRM) - an An 30official map of a community on which the Federal Emergency Management Agency has 31delineated both the areas of special flood hazard and the risk premium zones applicable to the 32community. FLOOD INSURANCE STUDY 33Flood insurance study - the The official report provided by 34the Federal Emergency Management Agency which contains flood profiles, flood boundary- 35floodway map and water surface elevation of the base flood. 36 SPECIAL FLOOD HAZARD AREA 37Area of special flood hazard - land Land in the 38floodplain subject to a one (1) percent or greater chance of flooding in any given year. 39 FLOODWAY 40Floodway - the The channel of a watercourse and the adjacent land areas that must be 41reserved in order to discharge the base flood without cumulatively increasing the water surface 42elevation more than one (1) foot. FLOOR AREA RATIO (FAR) 43- A mathematical expression determined by dividing the gross floor 44area (GFA) of a building by the area of the lot on which it is located. Gross Floor Area / Lot Area = 45FAR. October 27, 2010 32 DEFINITIONS 1 2 FLOOR AREA, MINIMUM 3- The area of the floor or floors measured from the centerline of the 4exterior walls to the centerline of dividing walls. The area for garages, roofed-over screened porches 5and utility rooms shall be credited for fifty (50) percent of floor area. Open porches and carports shall 6be credited with twenty-five (25) percent of floor area. Accessory buildings shall not count as floor 7area if not accessible from the interior of the building. Not more than ten (10) percent of any minimum 8floor area shall be credited to screened-in porches or breezeways. 9 FLORIDA MASTER SITE FILE 10 – See “HP.” ISTORIC RESERVATION 11 FLORIST 12– An establishment primarily engaged in retailing cut flowers, floral arrangements, and 13potted plants purchased from others. These establishments usually prepare the arrangements they sell. FOOD PROCESSING – 14An establishment primarily engaged in processing canned, pickled, and dried 15fruits, vegetables, specialty foods, snacks, confections, and spices. 16 FOOTWEAR & OTHER LEATHER PRODUCTS 17- An establishment primarily engaged in 18manufacturing and fabricating footwear and other leather products from purchased leather or leather 19substitutes (i.e., fabric, plastics). 20 FORTUNE TELLER, PALM READER, OR PSYCHIC 21 – An establishment that primarily offers 22opinions or interpretations of a person’s personal character; foretelling of the future; or advice based 23upon astrology, numerology, card, or tea reading, clairvoyance, crystal gazing, palmistry, phrenology, 24and the like. 25 FORTUNE-TELLER / PSYCHIC 26-Fortune-teller/psychic. Person who makes predictions about the 27future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or 28examining tea leaves. 29 FOSTER CHILD 30- A child in foster care who has been placed in a foster home by the State of Florida. 31 FOSTER HOME OR FOSTER CARE, FOR CHILDREN 32- A family foster home as defined by the 33Section 409.175, Florida Statutes, and which conforms to the definition of “family.” 34 October 27, 2010 33 DEFINITIONS FREESTANDING SIGN 1- A monument or ground-mounted sign identifying the use of the property 2upon which it is located. Ground-mounted signs may be supported by one or more poles, provided that 3the bottom of the sign or cabinet is no more than two (2) feet above grade and that the poles and 4complete length of the sign or cabinet are clad in the same or like material, completely to the ground. 5Alternatives to the cladding requirement may be considered if the design of the sign conforms to the 6architectural design of the building(s). 7 FRONTAGE STREET 8- See “S,MA.” Marginal Access Street. TREETARGINALCCESS 9 FROZEN FOOD – 10An establishment primarily engaged in processing and freezing fruit, juices, 11vegetables, and specialty foods, such as dinners, entrees, and side dishes; pizza; whipped toppings; and 12waffles, pancakes, and french toast. 13 FUNCTIONAL CLASSIFICATION 14- The assignment of roads and streets into systems according to 15the character of service they provide in relation to the total road network. Basic functional categories 16include arterial roads, collector roads and local roads which may be subdivided into principal, major or 17minor levels. Those levels may be additionally divided into rural and urban categories. 18 FUNCTIONALLY DEPENDENT FACILITY - 19Functionally dependent facility - a A facility which 20cannot be used for its intended purpose unless it is located or carried out in close proximity to water, 21such as a docking or port facility necessary for the loading and unloading of cargo or passengers, 22shipbuilding, ship repair or seafood processing. The term does not include long-term storage, 23manufacture, sales or service facilities. FUNERAL HOME – 24An establishment engaged in preparing the dead for burial or interment and 25conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling 26caskets and related merchandise). This would include a crematorium as an allowable accessory use. 27 FURNITURE MANUFACTURING 28- Manufacturing of furniture, cabinets, wooden vanities, 29household goods and ornaments from wood; also, furniture repair, refinishing and re-upholstering. 30 FURNITURE & HOME FURNISHING 31- An establishment that engages in the retail sales of 32furniture and related home accessories. 33 FURNITURE PRODUCTS – 34An establishment that makes or repairs furniture and related articles, 35such as mattresses, window blinds, cabinets, and fixtures. The processes used in the manufacturing of 36furniture include the cutting, bending, molding, laminating, and assembly of such materials as wood, 37metal, glass, plastics, and rattan. This use also includes furniture repair, refinishing, and reupholstering. 38 GARAGE, PUBLIC PARKING 39- A building or other structure which provides parking or storage 40for motor vehicles. 41 GARBAGE 42Garbage – a Animal and vegetable waste resulting from the handling, preparation, 43cooking, and consumption of food. 44 October 27, 2010 34 DEFINITIONS GARDEN 1 – A planned outdoor space on a lot that is set aside for the cultivation and harvest of fruits, 2vegetables, nuts, or herbs for human consumption, limited to those foods requiring only a superficial 3washing prior to consumption. A garden is categorized as follows: 4 ACCESSORY GARDEN 5 – A garden used in connection with, subordinate to, and on the same 6lot as a lawful principal use, such as a D (e.g., single-family, duplex) or R WELLINGESTAURANT 7establishment. 8 COMMUNITY GARDEN 9 – A principal use, which may include community supported 10agriculture (CSA), consisting of an area managed and maintained by an individual, group, or 11business establishment, with the intent to grow and harvest food. Accessory retail sales may be 12allowed on-site where located in commercial and mixed use districts, and if in conjunction with 13a temporary activity approved through the City’s special events approval process. 14 GASOLINE DISPENSING ESTABLISHMENTS 15– Commercial enterprise, including automotive 16service stations and convenience stores, which engage in the sale or other motor fuels to the public. 17 GASOLINE STATION WITH CONVENIENCE STORE 18 - An establishment engaged in retailing 19automotive fuels (i.e., diesel fuel, gasohol, gasoline), which may be in combination with convenience 20store or food mart items. These establishments can either be in a convenience store (i.e., food mart) 21setting or a gasoline station setting. It may include A,MR as an accessory use. UTOMOTIVEINOREPAIR 22 GAZEBO 23 - See “O-ASPAVILLION.” PENIRTRUCTURE 24 GENDER - 25Gender. A word importing the masculine gender only may extend and be applied to 26females and to firms, partnerships and corporations as well as to males. 27 GENERAL DEVELOPMENT PLAN 28– Also known as the Comprehensive Plan, it is the official 29public document adopted by the City of Boynton Beach in accordance with Florida law, as a policy 30guide to present and future land use decisions. 31 GEOGRAPHIC SEARCH AREA 32- An area designated by a wireless provider or operator for a new 33base station, produced in accordance with generally accepted principles of wireless RF engineering. 34 GLASS AND MIRROR 35 – An establishment primarily engaged in the cutting and beveling of flat glass 36and mirror. The establishment may also sell, install, or repair windows, screens, acrylics, and other 37types of glass products. 38 GLASS PRODUCTS - 39An establishment primarily engaged in processing (i.e. coating, laminating, 40tempering, shaping) purchased glass and/or glass products. 41 GOVERNING BODY 42- Means the City Commission of the City of Boynton Beach. 43 GOVERNMENT 44- Any direct agency of any federal, state, county, or city government including 45schools and the U.S. Postal Service. 46 October 27, 2010 35 DEFINITIONS GOVERNMENT SIGN 1- Any temporary or permanent sign erected and maintained by the city, 2county, state or federal government or any of their legal entities. 3 GRADE, FINISHED 4- The average level of the finished surface of the ground adjacent to the exterior 5walls of the structure. 6 7 8 GRADE SEPARATED INTERSECTIONS 9- Use of the term grade separated intersections shall mean 10any intersection wherein one road passes over another road by means of a bridge or an overpass. 11 GRADES & STANDARDS FOR NURSERY PLANTS 12- The Standards for Florida No. 1 or better as 13given in “Grades and Standards for Nursery Plants” Part I, 1963 and Part II, State of Florida, 14Department of Agriculture, Tallahassee, or equal thereto. These standards are amended from time to 15time. 16 GREENWAY 17 – A protected corridor of open space that is managed for conservation, recreation, 18transportation, or a combination thereof; and which may serve to protect natural habitats while 19providing a connection or linkage to important nodes, such as neighborhoods, parks, and other places of 20interest. 21 GROCERY STORE 22- An establishment (generally known as a supermarket) is primarily engaged in 23retailing a general line of food, such as canned and frozen foods; fresh fruits and vegetables; and fresh 24and prepared meats, fish, and poultry, and those services customarily incidental to the principal use. 25 GROSS FLOOR AREA (GFA) 26- The total floor area of a building or a use occupying part of a 27building, measured from centerlines of partitions and exterior of outside walls. Gross floor area shall 28include all floor area occupied by the main or principal use, plus any floor area occupied by accessory 29uses such as storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, 30basements, mezzanines and hallways. 31 GROUND SIGN 32- Any sign, other than a pole sign, in which the entire bottom is in contact with or is 33close to the ground and is independent of any other structure. 34 GROUNDWATER 35- Water occurring beneath the surface of the ground, whether or not flowing 36through known or definite channels. October 27, 2010 36 DEFINITIONS 1 GROUP HOME – 2A facility that provides short-term or long-term lodging for three (3) or more 3unrelated individuals in dwelling units or sleeping rooms which operate primarily on a referral basis 4from state, county, or local social service agencies and / or self-help programs. These facilities may 5offer in addition to lodging accommodations, meals, resident support services, counseling, guidance and 6varying levels of medical care. The term “group home” includes but is not limited to nursing homes, 7adult congregate living facilities (ACLF), assisted living facilities (ALF), group care homes, 8community residential homes, recovery homes, and residential treatment facilities. The following are 9group homes defined by type: TYPE 1 10 – A home of not more than six (6) residents which is licensed to serve clients of the 11Florida Department of Health and Rehabilitative Services and which provides a living 12environment for residents who operate as a functional equivalent of a family, including such 13supervision and care by supportive staff as may be necessary to meet the physical, emotional, 14and social needs of the residents, but which may or may not be licensed by the Florida 15Department of Health and Rehabilitative Services. TYPE 2 16 – A home or facility with no less than seven (7) or more than 14 residents which is 17licensed to serve clients of the Florida Department of Health and Rehabilitative Services and 18which provides for a living environment for residents, including such supervision and care by 19supportive staff as may be necessary to meet the physical, emotional, and social needs of the 20residents, but which are not licensed by the Florida Department of Health and Rehabilitative 21Services. This definition includes all facilities operating for such purpose or intent, but which 22may or may not be licensed by the Florida Department of Health and Rehabilitative Services. TYPE 3 23 – A home or facility with 15 or more residents which is licensed to serve clients of the 24Florida Department of Health and Rehabilitative Services and which provides for a living 25environment for residents, including such supervision and care by supportive staff as may be 26necessary to meet the physical, emotional, and social needs of the residents. This definition 27includes all facilities operating for such purpose or intent, but which may or may not be licensed 28by the Florida Department of Health and Rehabilitative Services. TYPE 4 29– A home or facility for seven (7) or more individuals classified as participants in 30inmate release programs; recovery homes and mental health or substance abuse residential 31treatment homes; or the like, which is licensed to serve clients of the Florida Department of 32Health and Rehabilitative Services and which provides for a living environment for residents, 33including such supervision and care by supportive staff as may be necessary to meet the 34physical, emotional, and social needs of the residents. This establishment may provide 35counseling and information regarding a wide range of mental health and substance abuse issues 36and / or refer patients to more extensive treatment programs, if necessary. This definition 37includes all facilities operating for such purpose or intent, but which may or may not be licensed 38by the Florida Department of Health and Rehabilitative Services. Outpatient mental health and 39substance abuse centers are not classified under this definition. GUYED TOWER - 40See “WCF(WCF),AS IRELESS OMMUNICATIONACILITYNTENNAUPPORT 41S.”Guyed tower - A telecommunication tower that is supported, in whole or in part, by guy TRUCTURE 42wires and ground anchors. October 27, 2010 37 DEFINITIONS GYM, FITNESS & HEALTH CLUB 1– An establishment primarily engaged in operating fitness and 2recreational sports facilities featuring exercise (weight training, aerobics, yoga) and other active 3physical fitness conditioning or recreational sports activities, such as swimming, skating, handball, 4racquet sports, and the like. 5 GYMNASIUM 6- An establishment designed and equipped for the conduct of sports, exercise, leisure 7time activities, or other customary and usual recreational activities and operated either for profit or not- 8for-profit. 9 HALFWAY HOUSE 10– See “GH,T4.” - Halfway house.A residential facility used to ROUPOMEYPE 11house individuals being transitioned from penal or other institutional custody back into the larger 12society. HANDOFF CANDIDATE 13- A wireless communication facility that receives call transference from 14another wireless facility, usually located in an adjacent first “tier” surrounding the initial wireless 15facility. HARDWARE STORE 16- An establishment primarily engaged in retailing a general line of new 17hardware items, such as tools and builders' hardware. 18 HAZARDOUS MATERIAL 19- Any substance or material which has been determined by the secretary 20of the United States Department of Transportation to be capable of imposing an unreasonable risk to 21health, safety and property. This term includes hazardous waste as defined in the Florida Statutes s. 22403.703(21). 23 HEALTH CLUB 24 - See “G,F&HC.” - "Gymnasium." YMITNESSEALTHLUB 25 HEALTH & PERSONAL CARE (EYEGLASS, MEDICAL SUPPLIES, HEARING-AIDS) – 26An 27establishment primarily engaged in the retail sales of convalescent supplies, eyeglasses, hearing aids, 28nutritional products, and the like. HISTORIC PRESERVATION 29 - Any definition set forth in 36 C.F.R. Part 60 (the then-current Code 30of Federal Regulation, as may be amended from time to time) shall be included in the definition for 31such term (and shall control to the extent there is a conflict of meaning), or as an additional definition, 32if such term is not otherwise defined: ALTERATION 33 - Any construction or change of a Resource. BOARD 34 - The Boynton Beach Historic Resources Preservation Board (HRPB). BOYNTON BEACH REGISTER OF HISTORIC PLACES 35 - An official listing maintained 36by the City of all Historic Properties and Historic Districts so designated by this ordinance. BUILDING(S) 37 - A construction, such as a house, garage, church, or hotel, created principally 38to shelter any form of human activity. CERTIFICATE OF APPROPRIATENESS 39 - A document evidencing approval by the Board 40or the City staff for work proposed by an applicant. October 27, 2010 38 DEFINITIONS CERTIFICATE OF ECONOMIC HARDSHIP 1 - A document evidencing approval by the 2Board of an application for economic hardship as that term is defined in this ordinance. CERTIFIED LOCAL GOVERNMENT (CLG) 3 - A local government approved by the 4Florida Department of State, Division of Historical Resources, to perform certain historic 5preservation functions. CONTRIBUTING PROPERTY 6 - A Property that contributes to the historic significance of a 7Historic District by location, design, setting, materials, workmanship, feeling, and association 8and thus adds to the District’s sense of time, place, and historical development. DEMOLITION 9 - Any act or process that partially or totally destroys a Resource. DESIGN GUIDELINES HANDBOOK 10 - Document utilized by the City which illustrates 11examples of design features, historic styles and treatment options which preserve the historical, 12cultural and architectural character of a Historic District or Property. DISTRICT 13 - (see Historic District). ECONOMIC HARDSHIP 14 - An onerous, extreme and exceptional economic burden that 15would be placed upon a property owner by the denial of an application for a certificate of 16appropriateness or by the imposition of conditions placed on the granting of such certificate. EFFECT 17 - A change in the quality of the historical, architectural, archeological or cultural 18significance of a Property or District, or in the characteristics that qualify the Property or 19District as historically important. FLORIDA MASTER SITE FILE 20 - An archive and database of all known archaeological and 21historical sites and districts recorded within the state of Florida that is maintained by the Florida 22Department of State Division of Historical Resources and is organized alphabetically by county 23and numerically, as recorded. HISTORIC DISTRICT 24 - A geographically definable area designated by the City Commission 25as possessing a significant concentration, linkage, or continuity of Properties united historically 26or aesthetically by plan or physical development. HISTORIC PROPERTIES 27- Those Properties designated by the City Commission as being of 28historical, cultural, architectural or archaeological importance. NATIONAL REGISTER OF HISTORIC PLACES 29 - The official Federal list of Historic 30Districts, Sites, Buildings, Structures, and Objects significant in American history, architecture, 31landscape architecture, engineering, archaeology, and culture. Authorized under the National 32Historic Preservation Act of 1966, and by 36 C.F.R. 60 as each may be amended from time to 33time, and maintained by the U.S. Department of the Interior. NON-CONTRIBUTING PROPERTY 34 - A classification applied to a Property within a 35Historic District signifying that it does not contribute to the qualities that give the Historic 36District cultural, historical, architectural, or archaeological significance as embodied in the 37criteria for designation of a District, but which because of its location within a District should 38follow the review procedures required by this ordinance. October 27, 2010 39 DEFINITIONS OBJECT 1 - A primarily artistic item closely linked to the history of the property. Said item is 2typically relatively small in scale and simply constructed, such as a statue, milepost, statuary, or 3fountain. PROPERTY 4 - Area of land containing a single historic resource or a group of resources, which 5may include any of a Building, Site, Structure, Object, or District. RECONSTRUCTION 6 - The process of reproducing by new construction the exact form and 7detail of a demolished Property as it appeared at a certain point in time. REHABILITATION 8 - The process of repairing or altering a Property so that an efficient, 9sustainable and appropriate contemporary use is achieved, which preserving those significant 10historical, architectural, or cultural features which establish the character of the Property. RELOCATION 11 - Any change of the location of a Building, Structure or Object from its 12present setting to another setting. RESOURCE 13 - A Building, Site, Structure, Object, or District that reflects historical or cultural 14significance. RESTORATION 15 - The process of accurately recovering the form and details of a Property as it 16appeared at a particular period of time, which may involve the removal of later additions or 17Alterations, or the replacement of missing features. SECRETARY OF THE INTERIOR’S STANDARDS FOR REHABILITATION 18 - A 19federal document set forth in 36 C.F.R. 67, as amended from time to time, which provides 20guidance on the sensitive Rehabilitation of a Historic Property. SETTING 21 - The physical environment of a Property, including all landscape elements. SITE 22 - The location of an event, a prehistoric or historic occupation or activity, or a building or 23structure, whether standing, ruined, or vanished, where the location itself possesses historic, 24cultural, or archaeological value regardless of the value of any existing structure. STRUCTURE(S) 25 - A combination of materials to form a construction, generally used to 26distinguish from Buildings those functional constructions made for purposed other than creating 27human shelter. (For example, a bridge, wall, fence, pond). SURROUNDING BUILDINGS 28 - For a Property on an interior lot, the properties adjacent to 29across the street and on either side of the property across the street from the subject Property; 30for a Property on a corner lot, the properties adjacent to, across both streets, the property on the 31diagonal corner, and the properties adjacent to the properties across both streets and adjacent to 32the diagonal corner from the subject Property. 33 HEIGHT (SIGN) 34- The vertical dimension measured from the highest point of the sign to the mean 35surface grade surrounding the bottom of the sign. HOME IMPROVEMENT CENTER 36– An establishment primarily engaged in retailing a variety of 37new home repair and improvement materials and supplies, such as lumber, plumbing goods, electrical 38goods, tools, housewares, appliances, hardware, and lawn and garden supplies, with no one 39merchandise line predominating. The merchandise lines are normally arranged in separate departments. October 27, 2010 40 DEFINITIONS HOME OCCUPATION 1- The home business operation of an individual and / or members of the 2immediate family conducted inside a dwelling unit within a zoning district that allows for residential 3uses, when such dwelling unit is the principal use of the property and all the applicable conditions of 4this Code can be affirmatively evidenced and complied with. Any occupation in connection with which 5there is kept no stock in trade nor commodity sold upon the premises, no person employed other than a 6member of the immediate family residing upon the premises, and no mechanical equipment used except 7such as is permissible for purely domestic or household purposes. HOSPITAL – 8 An establishment typically referred to as an institution (excluding GROUP HOME, 9TYPE 4) that provides comprehensive, inpatient and outpatient healthcare, including typical emergency 10medical, surgical, diagnostic, rehabilitation and treatment services, as well as other specialized services 11ranging from bariatrics to wound care. This use would also include accessory meeting / conference 12facilities, limited retail sales, and administrative offices. HOTEL 13 – Hotel.A building or portion thereof containing fifty (50) or more guest rooms, efficiency 14units or suites designed for the temporary lodging of transient guests rented on a daily basis and 15occupied for less than thirty (30) days. Ancillary facilities may include conference facilities, 16restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to the guest 17quarters shall be through an inside lobby and corridors or from an exterior court which is within a HOTEL- 18secured area.Any building containing principally sleeping rooms in which transient guests 19are lodged with or without meals, with no provision made for cooking in any individual room or suite 20and having or not having one (1) or more dining rooms, restaurants or cafes as accessory uses. Such 21building would structurally and for purposes of safety be obliged to conform to the laws of the hotel and 22restaurant commission (Division of Hotels and Restaurants of the Department of Business Regulation). 23 HOTEL, APARTMENT 24- Any hotel building containing a mixture of sleeping rooms and apartment 25suites for transient guests only, and which shall not serve as the primary or permanent residence of the 26occupants. Buildings designed as hotel apartments shall have not more than one-third of the total units 27devoted to apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Hotel 28apartment suites shall have a minimum gross floor area of five hundred (500) square feet. 29 HOTELS, BOUTIQUE 30- A small luxury hotel containing ten (10) to fifty (50) guest rooms. Meal 31service is usually breakfast only, but in some instances high-quality dinner and/or lunch service and 32room service may also be provided. HOTEL, CONDOMINIUM 33 – See “H,ES.” OTELXTENDEDTAY HOTEL, EXTENDED STAY 34-Hotel, extended stay. Any all-suite hotel that provides visitors with a 35full kitchen and more than five percent (5%) of its rooms are occupied for at least thirty (30) days and 36no more than one hundred and eighty (180) days. 37 HOTEL, TIMESHARE 38TIME SHARING HOTEL - The term shall include, but shall not be limited 39to, any building or part thereof in which the right of use or occupancy of any unit circulates among 40various occupants for specific periods of time less than a full year during any given year but not 41necessarily for consecutive years in accordance with a fixed time schedule on a periodically recurring 42basis extending for more than one year. The determination that a building, or part thereof, is a time 43sharing hotel shall be made without regard to the form of ownership of the property or of the units October 27, 2010 41 DEFINITIONS 1therein and shall be immaterial whether the right of use or occupancy is derived from a leasehold of or 2fee interest. 3 HOUSE EAVES 4– a A nonstructural portion of any building or structure extending beyond the vertical 5plane of the foundation. 6 7 8 HOUSE TRAILER 9- (a1) A trailer or semitrailer which is designed, constructed and equipped as a 10dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for 11use as a conveyance on streets and highways, (b2) or a trailer or semitrailer the chassis and exterior 12shell of which is designed and constructed for use as a house trailer, as defined in paragraph (a1), but 13which is used instead, permanently or temporarily, for the advertising, sales, display or promotion of 14merchandise or services or for any other commercial purpose except the transportation of property for 15hire or the transportation of property for distribution by a private carrier. 16 HOUSEHOLD – 17Allall persons who occupy a dwelling unit. A person living alone or any group of 18persons sharing a dwelling unit is a household. 19 ICE CREAM & FROZEN DESSERT – 20An establishment primarily engaged in the manufacturing 21frozen desert products such as ice cream, yogurts, ices, sherbets, and other desserts (except bakery 22products). 23 IDENTIFICATION SIGN 24- A non-illuminated sign affixed to the rear of a building bearing the 25business name and/or address of the occupant, with an area not exceeding three (3) square feet. 26 ILLUMINATED SIGN 27- Any sign which has characters, letters, figures, designs or outline 28illuminated by electric lights or luminous tubes as a part of the sign proper. 29 IMPACT FEE 30- A charge applied to new development to generate revenue for the construction or 31expansion of capital facilities located off-site that benefit the contributing development. A land 32development regulatory fee charged to new development which creates a need for capital 33improvements. 34 IMPACT FEE 35- Park and recreation facilities impact fee. October 27, 2010 42 DEFINITIONS 1 IMPACT FEE COORDINATOR – 2The Director of Parks or the person designated to perform such 3functions as designated under this section. 4 IMPROVEMENT 5 - Includes, but not limited to, street pavements, curbs and gutters, sidewalks, alley 6pavements, walkway pavements, water mains, sanitary sewer, storm sewers or drains, street names, 7signs, landscaping, permanent reference monuments (PRMs), permanent control points (PCPs), 8monuments, or any other improvement required by the City. 9 INCOMBUSTIBLE MATERIAL 10- Any material which will not ignite at or below a temperature of 11one thousand two hundred (1,200) degrees Fahrenheit and will not continue to burn or glow at that 12temperature. 13 INCOME QUALIFIED HOUSEHOLD - 14Income Qualified HouseholdUnder the Workforce Housing 15Program provisions of these regulations, it is a A household whose income is verified to be either Low 16Income or Moderate income. 17 INDOOR ATHLETIC INSTRUCTION 18 - An establishment primarily engaged in offering instruction 19or training in arts or recreation, including martial arts, gymnastics, cheerleading, batting / golfing, and 20dance studios, and other similar types of uses having the same characteristics and special needs as 21confirmed by staff. 22 INDUSTRIAL ZONING DISTRICT – 23 Whenever the words “industrial district” or “industrial zoning 24district” are used, they are construed to include any or all of the following zoning districts: M-1 25Industrial; and PID Planned Industrial Development. 26 INFESTATION - 27Infestation- the The presence of insects, rodents or other pests (see 28“EXTERMINATION).” 29 IN-FILL HOUSING - 30means Means new residential units on parcels less than 5 acres that are not part 31of an approved planned unit development as defined by the City of Boynton Beach land development 32regulations. 33 INFORMATION AND DATA PROCESSING – 34An establishment primarily involved in the 35compilation, storage, and maintenance of documents, records, and other types of information. On-site 36activities include but are not limited to the following: data entry, storage, conversion or analysis, 37subscription, and credit card transaction processing, telephone sales and order collection, mail order and 38catalog, and mailing list preparation. This use excludes the sale of computers, peripherals, hardware, or 39software. 40 INGRESS 41- An entry. 42 INSPECTOR 43- A city employee working as an inspector under the authority and direction of either the 44director of development, the director of public works, the director of utilities, the city engineer, or their 45designees. 46 October 27, 2010 43 DEFINITIONS INTERIM SERVICES FEE 1- User charge applicable to structures certified for occupancy by the city 2development department but not appearing on the Palm Beach County tax rolls as an improvement to 3real property. 4 INTERSECTION 5- See “S,I.” See F.S. 316.003. TREETNTERSECTION 6 INUNDATION 7- Moving, standing or ponded water which is a nuisance, hazard or health problem. 8 INVESTIGATIVE SERVICE 9 – An establishment primarily engaged in providing investigation and 10detective services. IRRIGATION SYSTEM 11- A system of pipes or other conduits designed to transport and distribute 12water to all landscape plantings. JANITORIAL AND GENERAL CLEANING - 13 An establishment primarily engaged in cleaning 14building interiors and exteriors (e.g. driveways, roof tiles, patios, etc); interiors of transportation 15equipment (e.g., aircraft, rail cars, ships); and / or windows. This use also includes pressure cleaning 16services. See CSS for the retail sales of materials, supplies, chemicals, and LEANINGUPPLYTORE 17specialized lines of merchandise associated with a JAGCestablishment. ANITORIALNDENERAL LEANING JEWELRY, LUGGAGE & LEATHER GOODS 18– An establishment primarily engaged in retailing 19new jewelry (except costume jewelry); new silver and plated silverware; new watches and clocks; and 20new luggage with or without a general line of new leather goods and accessories, such as hats, gloves, 21handbags, ties, and belts. JEWELRY MFG – 22An establishment primarily engaged in one or more of the following: (1) 23manufacturing, fabricating, engraving, or etching jewelry or metal personal goods; (2) stamping coins; 24or (3) cutting, slabbing, tumbling, carving, engraving, polishing, or faceting precious or semiprecious 25stones and gems.. 26 JUNKYARD 27- An open area where waste, used or secondhand materials are bought, sold, exchanged, 28stored, baled, packed or disassembled, including, but not limited to, scrap iron and other metals and 29waste materials. A junkyard includes an automobile wrecking yard and secondhand automotive parts 30yard. 31 LAND DEVELOPMENT PERMIT 32- A permit issued by the City Engineer prior to commencement of 33construction of required improvements after final record plat approval by the City. 34 35LAND DEVELOPMENT REGULATIONS (LDR) – Ordinances of the City that govern any aspect 36of the development, redevelopment and improvement of lands lying in the jurisdiction of the City, and 37include but are not limited to zoning, subdivision, health, environmental, landscaping, parking or sign 38regulations. These regulations are amended from time to time as deemed necessary by the City. 39 LANDSCAPE ARCHITECT 40- Professionally educated and licensed person who is authorized to 41prepare landscape plans, specifications and provide expert testimony in regards to site development and 42compliance with municipal landscape regulations. 43 October 27, 2010 44 DEFINITIONS LANDSCAPE BARRIER - 1A landscape barrier is a near solid element combining a wall and / or 2natural vegetation intended to block all direct and reasonable views to a given use such as overhead bay 3or service doors, automotive repair or the like, outdoor storage areas, parked vehicles, etc. The 4landscape barrier shall be comprised of a berm, buffer wall and/or natural vegetation (as deemed 5appropriate by the city) consisting of various trees species planted tip-to-tip in two or more staggered 6rows, and shall include species such as Southern Red Cedar, Silver Buttonwood, Dahoon Holly, Blolly, 7Palatka Holly, Redbay, Sweet Bay, Southern Coastal Willow, Sweet Acacia, Spanish Stopper, Geiger 8Tree, Cherry Laurel, Yaupon, Black Ironwood, Lancewood, Coffee Colubrina, Crabwood, Wild Lime, 9Willow Bustic, Torchwood, or other tree species found comparable by staff. Tree species selected shall 10be those with maximum density and minimum deciduous characteristics. Various shrub species ranging 11in heights from 30 inches to 36 inches when planted tip-to-tip shall include species such as Firebush, 12Wax Myrtle, Wild Coffee, Florida Trema, Florida Privet, Marlberry, Myrsine, Spicewood, Necklace 13Pod, Tetrazigia, or other species found comparable by staff which when planted form a continuous 14visual screen when planted. 15 LANDSCAPE BUFFER SCREEN– - 16Acontinuous row of plant material and/or wall (or other 17durable barrier) placed, for example, where a vehicle use area abuts the adjoining rights-of-way and 18adjacent property. The materials used to establish the landscape screen are defined under the 19respective sections below, and are planted to form a continuous screen of plant material within a 20maximum of one (1) year after time of planting. The hedge element shall be maintained at four (4) 21feet, and the wall used in place of the hedge shall be no less than three (3) feet high and combined 22with a minimum of two hedge plants placed on the outside of the wall and spaced every 10 lineal 23feet. 24 LANDSCAPE SCREEN - 25A landscape screen is a continuous row of plant material and/or wall (or 26other durable barrier) placed where the vehicle use area abuts the adjoining rights-of-way and adjacent 27property. The materials used to establish the landscape screen are defined under the respective sections 28below, and are planted to form a continuous screen of plant material within a maximum of one (1) year 29after time of planting. The hedge element shall be maintained at four (4) feet, and the wall used in 30place of the hedge shall be no less than three (3) feet high and combined with a minimum of two hedge 31plants placed on the outside of the wall and spaced every 10 lineal feet. 32 33 34 October 27, 2010 45 DEFINITIONS 1 2 LANDSCAPED AREA - 3Landscaped area. An area not occupied by any structures or impervious 4surfaces, and landscaped with vegetative material pursuant to the Landscape Code regulations. Open 5space area not occupied by any structures or impervious surfaces, and landscaped with vegetative 6material and ground covers pursuant to the Boynton Beach Landscape Code. 7 LANDSCAPING - 8“Landscaping”: Any of the following or combination thereof: Materials such as, 9but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and other material such as 10rocks, pebbles, sand, walls or fences, and decorative paving materials approved by the development 11department and the planning and development board. 12 LATTICE TOWER 13- See “WCF(WCF),AS IRELESS OMMUNICATIONACILITYNTENNAUPPORT 14S.” TRUCTURE 15 LAWN MAINTENANCE & LANDSCAPING SERVICE – 16A business principally engaged in the 17decorative and functional alteration, planting, and maintenance of property. This use excludes 18contractors who primarily use heavy equipment for tree trimming, grading, excavation, or the 19installation of irrigation systems. 20 LAUNDRY AND DRY CLEANING, SELF-SERVICE 21- A business that provides home-type 22washing, drying, dry cleaning and/or ironing machines for hire, to be used by customers on the 23premises. 24 LEGAL ACCESS 25– See “A,L.” A dedicated and recorded right-of-way, or easement, CCESSEGAL 26excluding utility or drainage easements, affording perpetual ingress and egress from a subject property 27to a public thoroughfare. 28 LEGAL ENTITY 29- An entity that holds a certificate of authorization issued under Florida Statutes 30whether the entity is a corporation, partnership, association, or person practicing under a fictitious 31name. 32 LEVEL OF SERVICE 33- The extent or degree of service provided by or proposed to be provided by a 34public facility, based on and related to the operational characteristics of the public facility. 35 LIMITED ACCESS 36- See “S,LA.” A highway or freeway which does not permit TREETIMITED CCESS 37access except at authorized and controlled points. The acquisition of right-of-way for such highways or October 27, 2010 46 DEFINITIONS 1freeways usually includes the acquisition of access rights thereto. Access may also be limited through 2methods other than acquisition of access rights. 3 LIMITED ACCESS EASEMENT 4– See “E,LA.” A strip of land which does ASEMENTIMITED CCESS 5not permit access except at authorized and controlled points. 6 LISTED HISTORIC STRUCTURES (MIXED USE REGULATIONS) - 7Listed Historic Structures 8Includes all structures listed as eligible for designation in “The City of Boynton Beach Historic Sites 9Survey” as prepared by Research Atlantica, Inc, September 1996, including or any subsequent updates 10to that study. In the Mixed Use zoning districts, the structure may function as its intended use or be 11adapted to other allowed uses, provided the exterior of the structure maintains its original architectural 12integrity, notwithstanding any modifications necessary to meet the requirements of the Americans with 13Disabilities Act (ADA). 14 LITTORAL ZONE 15- That region of the shoreline beginning at the Ordinary High Water (OHW) mark 16and extending waterward to a maximum depth of minus three (-3) feet OHW. 17 18 19 LIVE / WORK UNIT 20- Live/work unit. A commercial unit with incidental residential accommodations 21occupying one (1) or more sleeping rooms or floors in a building primarily designed and used for 22commercial occupancy and providing the following: (1) adequate working space reserved for 23commercial use and regularly used for such purpose by one (1) or more persons residing in the unit; and 24(2) living space containing, but not limited to, a sleeping area, food preparation area with reasonable 25work space and a full bathroom. 26 LOADING SPACE 27- Accommodations off the Off-street accommodations for loading onto and 28unloading from trucks, in the form of one (1) or more truck berths located either within a building or in 29an open area on the same lot. 30 LOCAL STREET - 31See “S,L.”A street shown or described as such according to the TREETOCAL 32current or most recent functional classification contained in the City of Boynton Beach Comprehensive 33Plan, as adopted and amended. 34 LOCKSMITH 35 - An establishment primarily engaged in the installation, accessory sales, repair, or 36adjusting service of mechanical or electronic locking devices, safes, and security vaults. October 27, 2010 47 DEFINITIONS 1 LOGO 2– See “S,L.” A symbol of a company or business. IGNOGO 3 LOT 4- Includes Tract or Parcel and means the least fractional part of subdivided lands having limited 5fixed boundaries, and an assigned number, letter or other name through which it may be identified. Is 6either: l. A lot of record as part of a land subdivision, recorded in the office of the clerk of the circuit 7court of Palm Beach County, and existing on the effective date of these regulations, or any applicable 8subsequent amendment thereto, or 2. A tract of land under a unity of title document or a tract of land, 9either unsubdivided or consisting of abutting lots of record which on the effective date of these 10regulations or any applicable subsequent amendment thereto, was in one ownership, or 3. A tract of 11land, which at the time of filing for a building permit is designated by its owner or developer as a tract 12all of which is to be used, developed or built upon as a unit under one ownership. 13 LOT AREA - 14The total area of a lot measured from included within lot lines. 15 LOT COVERAGE 16- The area of the lot expressed as a percentage of the total lot area covered by the 17ground floor of all principal and accessory structures including all areas covered by the roof of such 18uses and structures measured along the exterior faces of the walls or along the foundation wall line or 19between the exterior faces of supporting columns or from the centerline of walls separating two 20buildings or as a combination of the foregoing whichever produces the greatest total ground coverage 21for such uses and structures. That portion of the area of a lot, expressed as a percentage, occupied by 22all buildings or structures which are roofed or otherwise covered and that extend more than three (3) 23feet above the surface ground level. 24 LOT DEPTH 25- The length of a straight line drawn from the midpoint of the front property line of the 26lot to the midpoint of the rear property line of the lot. 27 28 29 30 31 32 33 34 LOT FRONTAGE 35- The property line adjacent to a public or private street; it is also the front property 36line. October 27, 2010 48 DEFINITIONS 1 2 3 LOT WIDTH 4- The distance between the side lot lines measured at right angles to the lot depth at a 5point between the front and rear property lines. 6 LOT, CORNER 7- Either a lot bounded entirely by streets or a lot which adjoins the point of 8intersection of two (2) or more streets. 9 LOT,INTERIOR 10- Any lot that is neither a corner lot nor a through lot. 11 LOT, THROUGH (DOUBLE FRONTAGE) 12- Any lot, not a corner lot, having both the front and rear 13property lines adjacent to a public street. 14 15 16 LOT, WIDTH 17- The distance between the side lot lines measured at right angles to the lot depth at a 18point between the front and rear property lines. 19 October 27, 2010 49 DEFINITIONS LOUVERS- 1Louvers means a Aseries of removable, fixed-slanted or movable slats. (Glass-louvered 2is descriptive of jalousies. Glass, wood or metal jalousies are considered to be louvers. Awning-type 3windows having sections more than twelve (12) inches in depth are not considered to be louvers). 4 LOW INCOME HOUSEHOLD 5Low Income Household– Under the Workforce Housing Program 6provisions of these regulations, it is a A household with a gross, combined income below 80% of the 7Palm Beach County Annual Median Household Income as defined by HUD. 8 LUMBER STORES, BUILDING MATERIALS STORES, AND LUMBER YARDS 9-Sale of 10lumber and other building materials, including cutting of finished lumber products to length or size for 11sale on premises. 12 MAJOR DRIVEWAY 13- A main ingress or egress to a public street from the site of any development 14generating more than 1,000 vehicular trips per 24 hour day or more than 250 trips in any single hour 15including, but not limited to, a shopping center, multiple-family development, industrial park, hospital 16or any other use. 17 MAJOR REPAIRS 18- They shall include complete engine overhaul and/or replacement of internal parts 19of engines. Also included is repair of any portion of the drive mechanism, body and fender work, 20painting and customizing. 21 MAJOR THOROUGHFARES 22- A main traffic artery connecting two (2) or more municipalities. 23 MALL 24- A single building, enclosing a number of tenants and occupancies wherein two (2) or more 25tenants have an entrance into an enclosed, roofed over area designed as a pedestrian public way. 26 MANGROVE TREES - 27 Mangrove trees: A “mangrove tree” is any plant belonging to any of the 28following species of mangroves: Rhizophora mangle, the red mangrove; Laguncularia racemosa, the 29white mangrove, and Avicennia nitida, the black mangrove, or Conocarpus erectus, the green 30buttonwood. MANGROVE STAND - 31 Mangrove stand - An assemblage of trees which contain one or more of the 32following species: black mangrove, red mangrove, white mangrove and buttonwood. MANUFACTURED HOME 33 – Also known as a mobile home, is a detached, single dwelling unit, 34manufactured upon a non-removable chassis or undercarriage without independent motive power in 35accordance with the Manufactured Home Construction and Safety Standards of the U.S. Department of 36Housing and Urban Development (HUD), and capable of being relocated from one site to another. The 37structure is designed for long term occupancy as a complete dwelling unit and containing all 38conveniences and facilities, with plumbing and electrical connections provided for attachment to 39approved utility systems. All wheels shall be removed prior to the issuance of a certificate of 40occupancy. MANUFACTURED HOME PARK 41 – Premises typically referred to as a mobile home or trailer park, 42where manufactured homes are parked for non-transient living or sleeping purposes. MARINA, INCLUDING YACHT CLUB 43- A facility designed to provide a variety of 44accommodations and services for local or transient boaters, such as fueling, dockage, wet storage, and 45retail sales of marine supplies, and equipment, boats, motors and trailers, wet or dry storage, hauling, October 27, 2010 50 DEFINITIONS 1making minor repairs or alterations; the latter while in wet or dry storage.Where possible, all repairs, 2especially major repairs, will be accomplished within an enclosed or three-quarter enclosed building. 3Facilities must be provided at every marina to accommodate proper sanitary sewer and water 4connections as well as to maximize flushing of the impacted marine basin. 5 MARINE ACCESSORIES - 6Retailing new and / or used outboard motors, boat trailers, marine 7supplies, parts, and accessories. Machine shops and / or the on-site installation of marine accessories 8are prohibited. 9 MASTER PLAN 10- A drawing which shows the intended division of and improvements on one or more 11parcels filed in conjunction with a formal application for a rezoning to a planned zoning district real 12property. 13 MASTER SITE PLAN (WITHIN A PID) 14- Master Site Plan. A Master Site Plan is the conceptual 15plan for the entire Mixed Use Pod within a Planned Industrial Development district (PID) which 16individual technical site plans and buildings as processed by staff the Technical Review Committee 17(TRC) are to be consistent. Plan requirements of Master Site Plans are defined herein. 18 MASTER STORM WATER MANAGEMENT PLAN 19- Documents outlining proposed primary and 20secondary drainage and storm water treatment facilities. 21 MATERIAL (FILL) 22- Sand, clay, rock, muck, gravel, loam or like materials existing or hauled to the 23site. 24 25MEAN SEA LEVEL -level- the The average elevation of the sea for all stages of the tide. Mean sea 26The term is synonymous with national geodetic vertical datum (NGVD). 27 MEDIAN HOUSEHOLD INCOME (MHI) - 28Under the Workforce Housing Program provisions of 29these regulations, it is the The Palm Beach County Median Household Income, adjusted for family size, 30as published by the Department of Housing and Urban Development (HUD). 31 MEDICAL OR DENTAL IMAGING / TESTING 32– An establishment that is primarily engaged in 33providing analytic or diagnostic services, including body fluid analysis and diagnostic imaging. MEDICAL OR DENTAL LABORATORY 34- An establishment that offers diagnostic or pathological 35testing and analysis of blood, blood fluids, pathological specimens, DNA sampling and analysis, and 36any other diagnostic test commonly used in the healthcare industry. This use also includes dental 37laboratories, which are establishments primarily engaged in manufacturing dentures, crowns, bridges, 38and orthodontic appliances customized for individual application. MEDICAL OR DENTAL OFFICE 39 –A facility or clinic operated by one (1) or more physicians, 40dentists, chiropractors, or other licensed practitioners of the healing arts for the examination and 41treatment of persons solely on an outpatient basis. MEDICAL EQUIPMENT & SUPPLIES - 42An establishment primarily engaged in manufacturing 43medical equipment and supplies. Examples of products made by these establishments are laboratory 44apparatus and furniture, surgical and medical instruments, and surgical appliances. October 27, 2010 51 DEFINITIONS 1 MEDICAL OUTPATIENT FACILITY - 2Medical outpatient facility. An establishment where 3patients who are not lodged overnight, but are admitted for examination and treatment by a group of 4physicians, dentists, or other health care professionals. 5 MENTAL HEALTH AND SUBSTANCE ABUSE – 6See “GH,T4.” ROUPOMEYPE MERCHANDISE, NEW (SUPERCENTER, DISCOUNT, DEPARTMENT, CLUB) 7– An 8establishment primarily engaged in retailing a wide range of the following new products with no one 9merchandise line predominating: apparel, furniture, appliances and home furnishings; and selected 10additional items, such as paint, hardware, toiletries, cosmetics, photographic equipment, jewelry, toys, 11and sporting goods. Clubs and Supercenters include perishable items. MERCHANDISE, USED (ANTIQUE SHOP) - 12Antique shops or Auction house. An establishment 13primarily engaged in the retail sales of objects of value, of which, are at least 50 years old and / or 14collectibles that aredesirable due to rarity, condition, utility, or some other unique feature. Any 15premises used for the retail sale, trading or auction of articles of which eighty percent (80%) are over 16fifty (50) years old or have collectible value. Antique shop or Auction house does not include 17"secondhand store" or of used merchandise. MERCHANDISE, USED (OTHER) 18 – An establishment primarily engaged in the sale of used 19merchandise, such as a clothing or book store. MU(O) may also include any of ERCHANDISESEDTHER 20the following types of establishments: (1) secondhand sales of personal items resold through a broker 21(consignment); (2) loaning money on the security of pledges of personal property (pawnshop); or (3) 22merchandise principally donated (thrift store). This classification does not include the sale of 23secondhand motor vehicles or parts. METAL, FABRICATED PRODUCTS 24 - An establishment primarily engaged in manufacturing one 25or more of the following: (1) prefabricated metal buildings, panels and sections; (2) structural metal 26products; and (3) metal plate work products. These establishments transform metal into intermediate or 27end products, other than machinery, computers, and electronics. Processes may include, stamping, 28bending, forming, and machining, used to shape individual pieces of metal; and other processes, such as 29welding and assembling, used to join separate parts together. This use excludes drop forging. 30 MICROWAVE DISH ANTENNA 31Microwave dish antenna - A dish-like antenna used to link 32personal wireless service sites together by wireless transmission of voice or data. 33 MILLWORK 34- Manufacturing of lumber and wood patterns, stock and workings, including, but not 35limited to, manufacturing of wooden flooring, shingles, doors, windows, frames, trusses, stairs and 36other fabricated structures; veneer, plywood and railings, wood pallets and containers, wood buildings 37and turned or shaped wood products. 38 MINIMUM FLOOR AREA, MINIMUM 39- The area of the floor or floors measured from the 40centerline of the exterior walls to the centerline of dividing walls. The area for garages, roofed-over 41screened porches and utility rooms shall be credited for fifty (50%) percent of floor area. Open porches 42and carports shall be credited with twenty-five (25%) percent of floor area. Accessory buildings shall 43not count as floor area if not accessible from the interior of the building. Not more than ten (10%) 44percent of any minimum floor area shall be credited to screened-in porches or breezeways. October 27, 2010 52 DEFINITIONS 1 MISCELLANEOUS ZONING DISTRICT 2 – Whenever the words “miscellaneous district” or 3“miscellaneous zoning district” are used, they are construed to include any or all of the following 4zoning districts: REC Recreation; and PU Public Usage. 5 MINING 6- Removal of materials from a site in quantities exceeding what is physically necessary to 7develop the site. Mining is prohibited in the City of Boynton Beach. 8 MINOR REPAIRS 9- They shall include engine tune-up, carburetor repairs, wheel-balancing and 10replacement and/or repair of external parts of engines. 11 MITIGATION, WCF 12 – See “WCF.” IRELESS OMMUNICATIONACILITIES 13 MIXED-USE BUILDING 14– A building that contains a mix of residential and non-residential uses. 15See also “M-UD.” IXEDSEEVELOPMENT MIXED USE DEVELOPMENT 16- The development of a single building or single parcel to contain 17two or more of the following types of uses: residential, retail / commercial, office or institutional. 18Mixed uses may be combined vertically within the same building or placed side by side on the same 19parcel, provided that they are in close proximity, planned as a unified and complementary whole and 20functionally integrated to make the use of shared vehicular and pedestrian access and parking areas. 21Mixed use development. A combination of two (2) or more uses on a single parcel, tract or 22development pod. In the Mixed Use-High Intensity Zoning District, this shall consist of a structure or 23series of structures containing retail office and residential uses arranged vertically. In the Mixed Use- 24Low Intensity and Suburban Mixed Use Zoning Districts, mixed-use can refer not only to uses within 25single buildings, but to different uses mixed in close proximity in a single development. MIXED-USE DEVELOPMENT 26 Mixed use development.The development of a single building or 27single parcel to contain two or more of the following types of uses: residential, retail/commercial, office 28or institutional. Mixed uses may be combined vertically within the same building or placed side by side 29on the same parcel, provided that they are in close proximity, planned as a unified and complementary 30whole and functionally integrated to make the use of shared vehicular and pedestrian access and 31parking areas. MIXED USE POD - 321.Mixed Use Pod components and definition. a. For the purpose of this 33subsection, a Mixed Use Pod is defined asa A development project located entirely within a previously 34approved Planned Industrial Development (PID) which, when complete, will have all of the following 35uses: 1) Multi-family residential; 2) Commercial/retail; and 3) Office and professional. The residential 36component of the Mixed Use Pod may include fee simple and rental dwelling units. A Mixed Use Pod 37is the aggregate of all land within the PID designated for mixed use. 38 MIXED USE ZONING DISTRICT – 39Whenever the words “mixed use district” or “mixed use zoning 40district” are used, they are construed to include any or all of the following zoning districts: SMU 41Suburban Mixed-Use; MU-L1 Mixed Use-Low Intensity 1; MU-L2 Mixed Use-Low Intensity 2; 42MU-L3 Mixed Use-Low Intensity 3; and MU-H Mixed Use-High Intensity. 43 MOBILE HOME 44– See “MH.” A manufactured detached, transportable, single ANUFACTUREDOME 45family dwelling unit designed for long term occupancy and arriving at the site where it is to be occupied October 27, 2010 53 DEFINITIONS 1as a complete dwelling unit, containing all conveniences and facilities, with plumbing and electrical 2connections provided for attachment to approved utility systems. To retain mobility, undercarriage and 3axles must remain attached to the unit. 4 MOBILE HOME SUBDIVISION (PARK) - 5 A subdivision of land for the sale of mobile home lots 6for manufactured homes. 7 MOBILE VENDING UNIT (MVU) 8 - Any movable cart, trailer, or other vehicle that is operated from 9an established location, from which food, flowers, and other merchandise and services, as well as non- 10alcoholic beverages are provided to the public with or without charge; except, however, that the 11provisions of this ordinance shall not apply to mobile caterers or service providers, generally defined as 12a person engaged in the business of transporting, in motor vehicles, food, beverages, or service 13equipment to residential, business, and industrial establishments pursuant to prearranged schedules, and 14dispensing from the vehicles the items or services at retail, for the convenience of the personnel of such 15establishments. For the purposes of implementing and interpreting the mobile vendor this ordinance, 16the following definitions shall apply: 17 ADULTERATED 18 - The condition of a food that bears or contains any poisonous or deleterious 19substance or has been processed, prepared, packed or held under unsanitary conditions, whereby 20it may have become contaminated with filth, in a quantity which may render it injurious to 21health. 22 APPROVED MANNER - 23Method of dealing with waste, solid or liquid, which comports with 24adequate sanitation methods as established by the Division of Hotels and Restaurants of the 25Florida Department of Business and Professional Regulation. 26 APPROVED SOURCE – 27A licensed food processing establishment considered satisfactory by 28the health director and serving food products which are clean, wholesome, free from 29adulteration or misbranding and safe for human consumption. 30 COMMERCIAL OR MIXED-USE ZONE 31- Any property which is presently or hereafter 32zoned C-2, C-3, C-4, CBD, PCD, SMU, MU-L1, MU-L2, MU-L3 and MU-H or any 33commercial or mixed-use zoning districts subsequently adopted by the City of Boynton Beach. 34 COMMISSARY 35 - A food processing establishment or food service establishment approved by 36the Division of Hotels and Restaurants of the Florida Department of Business and Professional 37Regulation in which food, containers or supplies are kept, handled, prepared, packaged or stored 38for transportation by mobile vendors. 39 CORROSION RESISTANT MATERIAL - 40A material which maintains its original surface 41characteristics under prolonged influence of food, cleaning compounds, bactericidal solutions 42and other conditions-of-use environment. 43 EASILY CLEANABLE - 44Surfaces are readily accessible and made of such material and finish 45and so fabricated that residue may be effectively removed by normal cleaning methods. 46 FOOD 47 - Any raw, cooked or processed edible substance, ice, beverage or ingredient used or 48intended for use or for sale in whole or in part for human consumption. October 27, 2010 54 DEFINITIONS 1 FOOD HANDLER 2- A person, certified by the Division of Hotels and Restaurants of the 3Florida Department of Business and Professional Regulation, engaged in the preparation, 4handling or vending of food. 5 FOOD VENDOR 6- Any person, group of persons, firm or corporation who individually or by 7or through an agent or employer, offers for sale, sells, attempts to sell, exposes for sale or gives 8away any food intended for human consumption from any vehicle or by a person afoot. 9 LABEL 10 – A display of any written, printed, or graphic matter upon the immediate container, 11not including package liner, of any prepackaged article in accordance with state law. 12 LIQUID WASTE 13 - Fluid, resulting from wastes produced from food vending operations, 14composed of solids, whether dissolved or in suspension; liquids, whether in solution, in 15emulsion or in separate phases; and gases. The term shall also include melted ice. 16 MERCHANDISE 17 - Items of clothing, jewelry (including timepieces), photos, artwork, 18housewares, flowers, plants, landscape materials, carpets, phones and accessories, small 19appliances, medicines, personal care items, books and/or magazines as well as audio or video 20recordings, tapes, discs or other media. 21 MISLABELED AND MISBRANDED 22 - The presence of any written, printed or graphic matter 23upon or accompanying any food or container of food which is false or misleading and which is 24not presented in the English language as stipulated by the Food and Drug Act, Title 21, Chapter 251-101.15 or which violates any applicable federal, state or local labeling requirements. 26 PERISHABLE FOOD 27 - Food, including shelled eggs, of a type or in such condition that it will 28become adulterated unless kept at a temperature which will maintain product quality and 29wholesomeness. 30 PERMIT 31 - A license to operate a mobile vending unit which shall be issued by the Planning 32and Zoning Division of the City’s Department of Development for a stated fee and shall be 33carried by a vendor or food handler at all times while vending. 34 POTENTIALLY HAZARDOUS FOOD 35- Any food that consists in whole or in part of milk 36or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients 37including synthetic ingredients, in a form capable of supporting rapid and progressive growth of 38infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, 39odor-free shell eggs or foods which have a pH level of 4.5 or below or a water activity (AW) 40value of 0.85 or less. 41 PUBLIC WAYS 42- Include all portions of public streets, alleys, sidewalks, trails and parking 43lots of the City of Boynton Beach and, in addition, shall include privately owned streets, roads, 44alleys, sidewalks, trails, and parking lots that are provided for public use or access. 45 SAFE TEMPERATURES - 46 As applied to potentially hazardous food, shall mean temperatures 47of forty-five (45) degrees Fahrenheit (seven (7) degrees Celsius) or below, or one hundred forty October 27, 2010 55 DEFINITIONS 1(140) degrees Fahrenheit (sixty (60) degrees Celsius) or above and zero degrees Fahrenheit 2(minus seventeen (17) degrees Celsius) or below for frozen food storage. 3 SANITIZE 4 - Effective bactericidal treatment of cleaned surfaces of equipment and utensils by 5a process which has been approved by the Division of Hotels and Restaurants of the Florida 6Department of Business and Professional Regulation as being effective in destroying 7microorganisms including pathogens. 8 SERVICES 9- Personal services to include portraits, body art, and hair braiding; the cleaning 10and detailing of vehicles including automobiles, trucks, vans, and motorcycles; and repairing 11household goods, tools, and equipment. 12 SINGLE SERVICE ARTICLES 13- Cups, containers, lids, closures, plates, knives, forks, 14spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar articles 15intended for one-time, one-person use and then discarded. 16 STICKER 17 – A decal issued by the Planning and Zoning Division of the City’s Department of 18Development that is numbered and has the month and year of the expiration date of the permit 19which shall be displayed on the mobile vending unit. 20 UTENSIL 21 - Any implement used in the storage, preparation, transportation or serving of food. 22 VEHICLE - 23Every device in, upon, or by which any persons, food or other commodity is or 24may be transported, pushed or drawn. 25 WHOLESOME 26- In sound condition, clean, free from adulteration and otherwise suitable for 27use as human food. 28 MODERATE INCOME HOUSEHOLD 29 Moderate Income Household – Under the Workforce 30Housing Program provisions of these regulations, it is a A household with a gross, combined income 31between 80% and 120% of the Palm Beach County Median Household Income (as defined by the 32Florida Housing Finance Corporation). 33 MONOPOLE TOWER 34- See “WCF(WCF),AS IRELESS OMMUNICATIONACILITYNTENNAUPPORT 35S.”Monopole tower- A telecommunication tower consisting of a single pole or spire self- TRUCTURE 36supported by a permanent foundation, constructed without guy wires and ground anchors. 37 MONUMENT SIGN 38-A freestanding sign situated directly on the ground or mounted completely 39along the bottom of the sign cabinet to a low-profile base or pedestal. 40 MOTEL 41- A building or group of buildings which contains sleeping accommodations for transient 42occupancy, and has individual entrances to serve such sleeping units. No provisions shall be made for 43cooking in any individual room. Motels may have one or more dining rooms, restaurants or lounges as 44accessory uses. 45 MOTEL – 46Motel. A building or group of buildings designed to provide sleeping accommodations for 47transient or overnight guests. Each building shall contain a minimum of 10 residential units or rooms, 48which generally have direct access to a parking lot, street, drive, court, patio, etc. October 27, 2010 56 DEFINITIONS 1 MOTEL APARTMENT 2- Any motel building containing a mixture of sleeping rooms and apartment 3suites for transient guests only, and which shall not serve as the primary or permanent residence of the 4occupants. Buildings designed as motel apartments shall have not more than one-third of the total units 5devoted to apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Motel 6apartment suites shall have a minimum gross floor area of five hundred (500) square feet. 7 MOTOR VEHICLE 8 - See “A.” UTOMOBILE 9 MOTOR VEHICLE SEATING & INTERIOR TRIM - 10An establishment primarily engaged in 11manufacturing motor vehicle seating, seats, seat frames, seat belts, and interior trimmings. 12 MOTOR VEHICLE, WRECKED - 13See “WMV.” RECKED OTOREHICLE 14 MULTIFAMILY DWELLING 15– See “D,M-F.” A building or other shelter that WELLINGULTIAMILY 16has been divided into separate units to house more than one (l) family. 17 MULTIPLE-POINT LOCK- 18Multiple-point lock is Isa system of lever-operated bolts that engage a 19door opening, at least at the head and sill, operated by a single knob or handle from the inside and, 20optionally, by a cylinder-locked handle from the outside. MULTIPLE-VENDOR MARKET 21 – An indoor use that is primarily engaged in the sale of new or 22used merchandise or a combination thereof, and such use accommodates more than one (1) individual, 23vendor, tenant, or business within a building. Each individual, vendor, tenant, or business occupies 24sales areas, typically by using stalls, tables, booths, platforms, racks, or other temporary tenant 25separation methods, the sum of which constitutes a single establishment. This classification does not 26include the sale of secondhand motor vehicles or parts, and excludes garage sales, rummage sales, and 27special events. MUNICIPALITY 28- The City of Boynton Beach, Florida. MURAL - 29A work of art designed for a specific wall, ceiling, area or large permanent surface that 30enhances a large architectural unit. It must be designed for a specific space and serve the purpose of the 31space. Such mural shall not contain any brand name, product name, abbreviation thereof, company or 32business name or logo, trademark or other commercial message. MUSEUM, HISTORICAL & CULTURAL - 33An institution that engages in the preservation and 34exhibition of objects, sites, and natural wonders of historical, cultural, and / or educational value. 35 NATIONAL GEODETIC VERTICAL DATUM (NGVD) - 36National geodetic vertical datum 37(NGVD) - a A vertical control used for establishing varying elevations within the floodplain. 38 NATIONAL REGISTER OF HISTORIC PLACES 39 – See “HP.” ISTORIC RESERVATION 40 NATIVE FLORIDA ECOSYSTEMS 41- Native Florida Ecosystems: A self-organized ecosystem of a 42type existing in Florida prior to European colonization and containing predominantly native species. 43 October 27, 2010 57 DEFINITIONS NEW CONSTRUCTION - 1New construction – Structures structures for which the “start of 2construction” commenced on or after the effective date of this article. 3 NEWSRACK – 4Newsracks.Any type of unmanned device located on public property utilized for the 5vending of free distribution of newspapers or new periodicals. 6 NEWSSTAND 7 - Newsstand. A stall, booth, or store where newspapers and magazines are sold. 8 NIGHTCLUBS 9 - Night Club. See “B&N.” A facility operated as a commercial ARIGHTCLUB 10establishment in which eating and/or drinking takes place, where alcoholic beverages are served and 11where the provision of entertainment is the primary activity. Entertainment includes music by a live 12musician or musicians, or any mechanical, electronic, or other means such as records, laserdiscs, audio, 13video, or other audio or audio-visual means. Including acting, play performances, dancing, song and 14dance acts participated in by one or more employees, guests, customers or other person or persons. An 15establishment that provides background music, which is clearly incidental and allows for normal 16conversations levels, shall not be considered a night club. 17 NON-CONTRIBUTING PROPERTY 18 – See “HP.” ISTORIC RESERVATION 19 NOVELTY, GIFT, SOUVENIR & MISCELLANEOUS 20- An establishment primarily engaged in 21retailing new gifts, novelty merchandise, souvenirs, greeting cards, seasonal and holiday decorations, 22and curios. This use would also include Christmas & holiday shops, tobacco & news stores, and the 23like. No used merchandise is sold at these establishments. 24 NUMBER- 25Number. A word importing the singular number only may extend and be applied to 26several persons and things as well as to one person and thing. 27 NUDITY - 28The exposing to public view of the human male or female genitals, pubic area, cleavage 29of the human buttocks, or that portion of the human female breast encompassed within an area 30falling below the horizontal line one would have to draw to intersect a point immediately above the 31top of the areola (the colored ring around the nipple). 32 NURSERY SCHOOL AND/OR PRESCHOOL FACILITIES 33- A supervised training and/or 34socializing center for children. See “DC.” AYARE 35 NURSERY, GARDEN CENTER, & FARM SUPPLY 36- An establishment primarily engaged in 37retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod, that are 38predominantly grown elsewhere. These establishments may sell a limited amount of a product they 39grow themselves. 40 NURSING HOME OR CONVALESCENT HOME 41– See “GH.” A residential facility ROUPOME 42which is included under the definition of“nursing home facility”,“facility”, or“related health care 43facility home” as set forth in Chapter 400, Part I, Florida Statutes, except that this definition shall apply 44to facilities of any capacity. 45 October 27, 2010 58 DEFINITIONS OATH- 1Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by 2law, an affirmation may be substituted for an oath, and in such cases the words “swear” or “sworn” 3shall be equivalent to the words “affirm” and “affirmed.” 4 OBJECT 5 – See “HISTORIC PRESERVATION.” 6 OBLIGOR 7 - Any person or entity who is obligated to pay a park and recreation facilities impact fee 8pursuant to the city's Park and Recreation Facilities Impact Fee Ordinance. 9 OCCUPANT- 10OccupantThe individual, individuals, or entity in actual possession of a premises. 11Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a 12dwelling unit. 13 OCCUPATIONAL LICENSE 14– See “BT.” A license to operate a business, profession, USINESSAX 15occupation or other operation within the city limits, which is issued in accordance with Chapter 13 of 16the City of Boynton Beach Code of Ordinances. 17 OFFICE SUPPLIES & STATIONERY – 18An establishment primarily engaged in one or more of the 19following: (1) retailing new stationery, school supplies, and office supplies; (2) selling a combination of 20new office equipment, furniture, and supplies; and (3) selling new office equipment, furniture, and 21supplies in combination with selling new computers. They exclude the sale of used merchandise. 22 OFFICERS / AGENCIES - 23Officers, agencies. Wherever reference is made in this Code or 24Regulations to any officer or agency, such as “city manager,” “the mayor,” “the city clerk,” “planning 25and development board,” and so forth, such reference shall be construed to mean such officer or agency 26of the city and shall include the duly authorized subordinates or personnel of such officer or agency. 27 -PREMISES SIGN 28OFF- A sign advertising an establishment, merchandise, service or 29entertainment, which is sold, produced, manufactured and/or furnished, at a place other than the 30property on which said sign is located. 31 OFF-PREMISES STORAGE 32- Storage which is not located on the same parcel as the principal use to 33which such storage is an accessory use. 34 ON-PREMISES 35- At the place of business of a particular use, including the entire lot or parcel and any 36structure thereon, as opposed to on the customer's premises. 37 ON-PREMISES SIGN 38-A sign or sign device, indicating the business transacted, services 39rendered, goods sold or produced on the premises, including the name of the business, person, firm or 40corporation occupying the premises. Such sign shall be located where the use, for which the sign is 41identifying or advertising, is located. 42 OPEN SPACE 43- A required exterior open area clear from the ground to the sky devoid of residential 44and commercial buildings, and accessory structures. 45 OPEN-AIR STRUCTURE (GAZEBO, TIKI HUT, CHICKEE HUT) 46PAVILION-A detached 47ancillary structure, open on all sides, with a roof of some type, used for recreation/entertaining October 27, 2010 59 DEFINITIONS 1purposes. Such structures shall include but not be limited to gazebos; tiki, chickee or chiki huts; tea 2houses; or other like pavilions. 3 4 5 6 OPENING- 7Opening is Isa section of wall into which a door or an operable window is installed. 8 OR, AND - 9 Or, and. “Or” may be read “and,” and “and” may be read “or” if the sense requires it. 10 ORGANIZATION, CIVIC & FRATERNAL – 11A registered association of persons for the promotion 12of some lawful, non-profit common objective, involving literature, science, politics, or community 13service, which meets periodically and is limited to members and guests. ORNAMENTAL, CHINA, FINE EARTHENWARE, & POTTERY – 14An establishment primarily 15engaged in the manufacturing of earthenware, stoneware, and pottery products, such as dinnerware, art, 16and ornamental items. 17 OUTFALL 18- A pipe which discharges treated stormwater into waterways. 19 OWNER 20- Any individual, agent, firm, association, organization, partnership, trust, corporation, or any 21other legal entity that owns or holds title to real property as reflected on the public records of Palm 22Beach County, including a contract purchaser who has consent from such owner(s). That person or 23legal entity reflected on the public records of Palm Beach County as the owner of real property upon 24which a structure has been completed. 25 PACKAGE LIQUOR STORE- 26Package liquor store. An establishment where alcoholic beverages are 27dispensed or sold in sealed containers for consumption off the premises. 28 PACKING & SHIPPING, TRUCKING, AND MOVING – 29 An establishment primarily engaged in 30packing, crating, and otherwise preparing goods for transportation. These establishments provide over- 31the-road transportation of cargo using motor vehicles, such as trucks and tractor trailers. PAINT, COATING & ADHESIVE – 32 An establishment primarily engaged in the mixing and blending 33of pigments, solvents, and binders into paints and other coatings, such as stains, varnishes, lacquers, 34enamels, shellacs, and water repellant coatings for concrete and masonry. 35 October 27, 2010 60 DEFINITIONS PAINTED WALL SIGN 1- A sign painted on any exterior surface of the building or structure, 2including the roof. 3 PANEL ANTENNA 4Panel antenna- an array of antennas designed to concentrate a radio signal in a 5particular area. 6 PARAPET 7- The extension of the main walls of a building above the roof level, for the purpose of 8safety, screening rooftop equipment, and/or containing roof run-off. A parapet, as defined herein, is 9intended to fully encircle/encompass the roof, not be one, or a series of smaller extensions above the 10roof line. A false front and/or wall extension above the roof line. 11 12 13 PARAPET SIGN- 14A sign placed completely on the face of a parapet. 15 PARK 16- A park, An open space, reservation, playground, beach, recreation, center or any other area in 17the city, owned, or used by the city, and devoted to active or passive recreation. For the purposes of 18determining impact fees, the term “park” is considered a public park within the City that is not owned 19or operated by Palm Beach County. 20 PARK 21- A public park within the city that is not owned or operated by the county. 22 PARKING LOT 23- Any outdoor or partially enclosed or enclosed space, plot, yard or any portion 24thereof, which is utilized for the parking or storage of vehicles, upon which two (2) or more parking 25stalls are constructed. (Parking facilities designed for detached single-family homes or duplex units 26with a maximum of four parking stalls are exempted from this definition.) 27 PARKING SPACE (STALL) 28- A surfaced area, enclosed or unenclosed, sufficient in size designed to 29store one automobile, together with a driveway or drive aisle connecting the parking space with a street 30or alley and permitting ingress and egress of an automobile. 31 PARKING SPACE, TANDEM - 32Provisions within certain zoning districts allowing the The 33placement of parking spaces one behind the other, so that the space nearest the driveway, aisle, or street 34access serves as the only means of access to the other space. 35 October 27, 2010 61 DEFINITIONS PARKING STALL 1- A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) 2vehicle automobile with a minimum width of nine (9) feet and a minimum length of eighteen (18) feet. 3 PARKING STRUCTURE - 4A structure or portion thereof composed of one (1) or more levels of floor 5used for the parking of motor vehicles. A parking structure may be fully below grade or either partially 6or fully above grade with floors or levels being either open or enclosed. 7 PARKING STRUCTURE, WRAPPED - 8Wrapped parking structure. A parking structure that is 9enveloped fully or partially wrapped with habitable or leaseable space to disguise the actual function of 10the structure. A fully wrapped parking structure is one in which the garage component, other than the 11access drive, cannot be seen from any elevation. A partially wrapped parking structure is one in which 12the garage component extends above the habitable or leaseable space and can be seen from one (1) or 13more elevations. 14 PARKING, TANDEM - 15The placement of parking spaces one behind the other, so that the space 16nearest the driveway, aisle, or street access serves as the only means of access to the other space. 17 PASSENGER CAR RENTAL 18- Establishments primarily engaged in renting passenger new or old 19automobiles without drivers on a short-term basis. This term excludes those establishments engaged in 20passenger car retail leasing and taxi and limousine services. 21 PARTIAL NUDITY - 22The exposing to public view of the human male or female cleavage of the 23human buttocks or that portion of the human female breast encompassed within an area falling below 24the horizontal line one would have to draw to intersect a point immediately above the top of the areola 25(the colored ring around the nipple) with less than a full opaque covering; or the depiction of covered 26human male genitals in a discernibly turgid state. 27 PARTIES IN INTEREST - 28Parties in interest- All individuals, associations, partnerships, 29corporations and others who have interest in a dwelling or who are in possession or control thereof, as 30agent of the owner, as executor, executrix, administrator, administratrix, trustee or guardian of the 31estate of the owner. 32 PAWN SHOP 33- A shop where money is lent in exchange for personal property left as security. See 34“MERCHANDISE, USED.” 35 PERMANENT CONTROL POINT (PCP) 36 - “Permanent control point” shall be considered a 37reference monument as outlined within these regulations. 38 PEAK SEASON POPULATION 39-The year-round population of the Citycity, Palm Beach County, 40the development project, or other portion of the city or county, as the context may require, using the 41methodology set forth in the comprehensive plan support documents. 42 PERIMETER 43-The entire outer boundary of the sign, not including the supporting structural 44members. October 27, 2010 62 DEFINITIONS PERMANENT REFERENCE MONUMENT (PRM) - 1A permanent reference monument which 2must consist of a metal rod having a minimum length of 18 inches and a minimum cross-section area of 3material of 0.2 square inches. In certain materials, encasement in concrete is optional for stability of the 4rod. When used, the concrete shall have a minimum cross-section of 12.25 square inches and a 5minimum of 24 inches long. The PRM shall be identified with a durable marker or cap with the point 6of reference marked thereon bearing either the Florida registration number of the professional survey 7and mapper in responsible charge or the certificate of authorization number of the legal entity, which 8number shall be preceded by LS or LB as applicable and the letters “P.R.M.”. The PRM shall also be 9detectable with conventional instruments for locating ferrous or magnetic objects. If the location of the 10“P.R.M.” falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that 11is durable and identifiable. 12 PERMITTED USE 13 - See “U,P.” SEERMITTED 14 PERMITTEE 15 - Under the Sidewalk Café provisions of these regulations, it shall be the lawful holder 16of a sidewalk café permit obtained pursuant to the terms and provisions of these regulations this article. 17 PERSON 18- Any natural person, firm, co-partnership, association or corporation. 19 PERSONAL CARE (BEAUTY, HAIR, NAILS) – 20An establishment primarily providing one or more 21of the following services and / or facilities: 1) hair care; 2) nail care; 3) facials or application of 22makeup; 4) tanning salons; 5) day spas, including accessory massage / aromatherapy; and 6) body 23piercing and tattooing. PERSONAL WIRELESS SERVICE 24- Commercial mobile services, unlicensed wireless services, and 25common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996, 26as amended from time to time. PERVIOUS PAVEMENT 27- A pavement system that consists of a sustainable design which allows for 28percolation of rainfall. PET CAREBOARDING AND DAYCARE) – 29 (An establishment primarily engaged in the keeping of 30animals for short-term purposes (daycare) or for extended periods of time (boarding). This use 31excludes indoor / outdoor commercial kennels, animal shelters (dog pound), and breeders. PET CARE (GROOMING) – 32An establishment engaged in grooming and / or training pets. It 33excludes overnight boarding, pet sitting, and veterinary services. PET CARE (VETERINARY SERVICES) 34– An establishment of licensed veterinary practitioners 35that is primarily engaged in the practice of veterinary medicine, dentistry, or surgery for animals; and an 36establishment primarily engaged in providing testing services for licensed veterinary practitioners. This 37use excludes indoor / outdoor commercial kennels. PET STORE & SUPPLIES 38– An establishment primarily engaged in retailing pets, pet foods, and pet 39supplies. Pet grooming and veterinary services (excluding boarding) are permitted accessory uses. PHARMACEUTICAL & MEDICINE - 40An establishment primarily engaged in one or more of the 41following: (1) manufacturing biological and medicinal products; (2) processing (i.e., grading, grinding, October 27, 2010 63 DEFINITIONS 1and milling) botanical drugs and herbs; (3) isolating active medicinal principals from botanical drugs 2and herbs; and (4) the collection, destruction, disposal, or other related processes. PHARMACY & DRUG STORE 3– A pharmacy is an An establishment primarily engaged in retailing 4a variety of prescription and nonprescription drugs and medicines, and medical and surgical supplies. 5A DSwould be an establishment that combines a “pharmacy” with the sale of products RUGTORE 6typically associated with a convenience store, and provides services such as photo processing or basic 7health assessment (e.g., vaccinations, minor examinations, etc.). See Chapter 2, Zoning, Section 11.S 8for specific regulations applicable to pharmacies or drugstores. PHOTOGRAPHY STUDIO - 9An establishment, also known as a portrait studio, that is primarily 10engaged in providing still, video, or digital photography services. 11 PLACES OF ASSEMBLY 12-Buildings and facilities on a lot or parcel of land specifically designed 13for assembly, which may include churches, temples, and other places of worship; theatres, auditoriums, 14conference centers, clubs, lodges, and fraternal organizations. 15 PLANNED COMMERCIAL DEVELOPMENT (PCD) 16- Land under unified control, uniformly 17zoned, planned, approved and developed as a single development operation or as a programmed series 18of phased development operations for commercial buildings and related uses and facilities in 19accordance with an approved master plan. Land under unified control, planned and developed as a 20whole in a single development operation or a programmed series of development operations for 21commercial buildings and related uses and facilities; provides for a commercial district of efficient and 22harmonious design so arranged as to create an attractive project readily integrated with and having no 23adverse effect on adjoining or surrounding areas and developments; is developed according to 24comprehensive and detailed plans for streets, utilities, lots, building sites, etc., and site plans, floor 25plans and elevations for all buildings intended to be located, constructed, used and related to one 26another, and detailed plans for other uses and improvements on the land related to the buildings; and 27includes a program for full provision, maintenance and operation of such areas, improvements, facilities 28and services for common use by the occupants of the planned commercial development. 29 PLANNED INDUSTRIAL DEVELOPMENT (PID) 30- Land under unified control, uniformly zoned, 31planned, approved and developed as a whole in a single development operation or a programmed series 32of phased development operations for industrial buildings and related uses and facilities, in accordance 33with an approved master plan. Land under unified control, planned and developed as a whole in a 34single development operation or an approved programmed series of development operations for 35industrial buildings and related uses and facilities; provides for an industrial district of efficient and 36harmonious design so arranged as to create an attractive project readily integrated with and having no 37adverse effect on adjoining or surrounding areas and developments; is developed according to 38comprehensive and detailed plans for streets, utilities, lots, building sites, etc. and site plans, floor plans 39and elevations for all buildings intended to be located, constructed, used and related to one another, and 40detailed plans for other uses and improvements on the land related to the buildings; and includes a 41program for full provision, maintenance and operation of such areas, improvements, facilities and 42services for common use by the occupants of the PID, but will not be provided, operated or maintained 43at public expense. 44 PLANNED UNIT DEVELOPMENT (PUD) 45- Land under unified control, uniformly zoned, planned, 46approved and developed as a whole in a single development operation or a programmed series of October 27, 2010 64 DEFINITIONS 1phased development operations for dwelling units and accessory uses and facilities, in accordance with 2an approved master plan. Land under unified control, planned and developed as a whole in a single 3development operation or an approved programmed series of development operations for dwelling units 4and related uses and facilities; includes principal and accessory uses and structures substantially related 5to the character of the development itself and the surrounding area of which it is a part; is developed 6according to comprehensive and detailed plans which include streets, utilities, lots, building sites and 7the like and site plans, floor plans and elevations for all buildings except for single family homes 8intended to be located, constructed, used and related to one another, and detailed plans for other uses 9and improvements on the land related to the buildings; includes a program for full provision, 10maintenance and operation of such areas, improvements, facilities and unit development, but will not be 11provided, operated or maintained at public expense. 12 PLANNED ZONING DISTRICT - 13A zoning district in which the zoning of the property to same is 14accompanied by and conditioned upon an approved master plan for the use and / or development of the 15property. Whenever the words “planned district” or “planned zoning district” are used, they are 16construed to include any or all of the following zoning districts: IPUD Infill Planned Unit 17Development; PUD Planned Unit Development; MHPD Mobile Home Planned Development; PCD 18Planned Commercial Development; SMU Suburban Mixed-Use; MU-L1 Mixed Use-Low Intensity 1; 19MU-L2 Mixed Use-Low Intensity 2; MU-L3 Mixed Use-Low Intensity 3; MU-H Mixed Use-High 20Intensity; and PID Planned Industrial Development. 21 PLASTIC PRODUCTS - 22An establishment primarily engaged in processing and fabricating new or 23recycled plastic resins into a variety of intermediate or final products, using such processes as molding 24and casting. 25 PLAT 26- A map or delineated representation of the combining, or subdivision of lands, being a 27complete, exact representation of the subdivision and other information in compliance with all 28requirements of all applicable provisions of Chapter 177, Fla. Stat., and may include the terms “record 29plat”, “replat”, amended plat”, or “revised plat”. A map depicting the division or subdivision of land 30into lots, blocks, parcels, tracts or other portions in accordance with Chapter 177, Florida Statutes, as 31amended. 32 BOUNDARY 33- A map or delineated representation for recordation of the combination of 34multiple pieces, tracts or lots into a single parcel for development purposes prepared, approved, 35and recorded in accordance with the requirements and procedures for a plat pursuant to Chapter 36177, Fla. Stat. 37 PLAT FINAL 38- A finished plat including all signatures required for recordation except those 39signifying approval by the City.A finished map of a subdivision accurately showing all legal 40requirements of Chapter 177 F.S. and the requirements of this ordinance. 41 PRELIMINARY 42- A copy of the plat in sufficient form to readily compare the plat with the 43development plan, subdivision plan and the construction plans. 44 PLAT OF RECORD 45- A plat which conforms to the requirements of the applicable state laws 46and City codes, and is subsequently recorded in the Public Records of Palm Beach County, 47Florida. A recorded final plat. 48 October 27, 2010 65 DEFINITIONS PLUMBING 1- Includes all of the following supplied facilities and equipment: Gas pipes, gas-burning 2equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks, installed dishwashers, 3lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and 4any other similar supplied fixtures, together with all connections to water, sewer or gas lines. 5 POINT OF COMPOUND CURVATUR- 6 See “SD.” URVEYATA 7 POINT OF CURVATURE- 8 See “SD.” URVEYATA 9 POINT OF REVERSE CURVATURE- 10 See “SD.” URVEYATA 11 POINT OF TANGENCY- 12 See “SD.” URVEYATA 13 POLITICAL SIGN 14- A sign erected by a political candidate, group or agent thereof, for political 15purposes. 16 POST OFFICE 17- A government operated facility that provides mail delivery services, post office 18boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail. 19 POSTAL / MAIL CENTER 20– An establishment primarily engaged in providing packing / shipping 21services, mailbox rental and other postal and mailing services (except direct mail advertising) in 22conjunction with sales of related merchandise / supplies. 23 PREMISES 24- A parcel of land comprised of one (1) or more lots for which a site plan has been 25approved, if required, by the appropriate governmental body. If site plan approval is not required, the 26word“premises,” for the purpose of these regulations, shall mean a parcel of land, with its 27appurtenances and buildings, comprised of one (1) or more lots having unity of use. 28 PREMISES 29Premises- A platted or unplatted lot or parcel of land either occupied or unoccupied by 30any structure. 31 PRESERVATION 32- The perpetual maintenance of areas in their original state. 33 PRINCIPAL USE 34 – See “U,P.” SERINCIPAL 35 PRIVATE CLUB, LODGE, AND FRATERNAL ORGANIZATION 36-Private Clubs, Lodges and 37Fraternal Organizations. A facility used to house a registered non-profit or not-for-profit social, sports 38or fraternal organization for the primary purpose of having private meetings for their membership, and 39may include the serving of meals and/or alcoholic beverages for the exclusive use of the members and 40their guests, and where access to the general public is restricted. 41 PRIVATE COMMUNITY ANTENNA SYSTEM 42-A system of equipment designed to receive and 43distribute television and radio signals serving a minimum of ten (10) residential units in a condominium 44or nonprofit homeowners' association. 45 PROFESSIONAL OFFICE 46 - See “BOPO.” USINESSRROFESSIONALFFICE 47 October 27, 2010 66 DEFINITIONS PROFESSIONAL SURVEYOR AND MAPPER 1– See “SAM,P.” URVEYORNDAPPERROFESSIONAL 2 PROFILE, LEAST VISUALLY OBTRUSIVE 3- The design of a wireless communication facility 4intended to present a visual profile that is the minimum profile necessary for the facility to properly 5function. 6 PROHIBITED USE 7 - “See U,P.” SEROHIBITED 8 PROPERTY 9– See “HP.” ISTORIC RESERVATION 10 PROPERTY OWNERS' ASSOCIATION (POA) 11- An organization under the laws of the State, 12operated under recorded maintenance and ownership agreements through which each owner of a 13portion of a development or subdivision, be it a lot, home, property or any other interest, is 14automatically a voting member, and each such member is automatically subject to a charge for a 15prorated share of expenses, either direct or indirect, for maintaining common properties within the 16development or subdivision, such as roads, parks, recreational areas, common areas, and other similar 17properties. A property owners’ association is considered to be a single entity for property ownership as 18it relates to platting. The term “property owners association” shall also be deemed to include a 19homeowners association, condominium association or cooperative (apartment) association, as defined 20in Chapter 711, Fla. Stat., as amended, having a life tenure of not less than 20 years; as well as a third 21party having an agreement with a condominium or cooperative association as permitted by Chapter 711, 22Fla. Stat., as amended. An organization operated under recorded maintenance and ownership 23agreements made up of every owner of a portion of a subdivision. Each owner is automatically a voting 24member and subject to a prorated share of the common property maintenance costs. A property owners' 25association, as used in this ordinance, is synonymous with homeowners' association and/or 26condominium association as defined in Chapter 711, Florida Statutes, 1971, as amended. 27 PRM 28 – See “PRM.” ERMANENTEFERENCE ONUMENT 29 PUBLIC AGENCY 30- Any government or governmental agency, board, commission, authority or 31public body of Palm Beach County, the State of Florida, or of the United States government, or any 32legally constituted governmental subdivision or special district. 33 PUBLIC ART FUND - 34means a - A separate, interest bearing account set up by the City to receive 35monies for the Art in Public Places Program. 36 PUBLIC FACILITIES 37- Capital facilities for water, sewer, drainage, solid waste, parks, recreation and 38roads, for which levels of service have been established in the comprehensive plan. 39 PUBLIC HALL 40Public hall - any Any hall, corridor or passageway not within the exclusive control of 41one family. 42 PUBLIC RIGHT-OF-WAY 43- The land which is dedicated for pedestrian or automotive traffic or 44which is dedicated for access to utilities and is, or is intended to be, permanently open for these uses. 45 PUBLIC UTILITY 46- Includes any public or private utility, such as, but not limited to, storm drainage, 47sanitary sewers, electric power, water service, gas service, or telephone line, whether underground or 48overhead. Every person, corporation, partnership or association or other legal entity, their lessees, October 27, 2010 67 DEFINITIONS 1trustees or receivers now or hereafter, either owning, operating, managing or controlling a system or 2proposing construction of a system that is providing or proposes to provide water or sewer service, 3electricity, natural or manufactured gas, or any similar gaseous substance, telephone, telegraph or cable 4TV service to the public for compensation. 5 PUBLISHING AND COMMERCIAL PRINTING – 6An establishment known as a publisher or 7commercial printer is engaged in the publishing and / or printing of newspapers, magazines, books, 8other periodicals, as well as directory, mailing list, and software publishing and print products. Print 9products may include stationery, business forms and other materials. The processes used in printing or 10reproduction may include a variety of methods used to transfer an image from a plate, screen, film, 11computer file, or other medium to paper, plastics, metal, textile articles, or wood. Support activities 12include data imaging, platemaking services, and bookbinding. 13 PYLON SIGN 14- A sign that is mounted on a freestanding pole(s) or other freestanding support so that 15the bottom edge of the sign face is six feet or more above grade. 16 RADIO & TV BROADCASTING - 17An establishment primarily engaged in operating broadcast 18studios and facilities for over-the-air or satellite delivery of radio and television programs. 19 RADIO FREQUENCY EMISSIONS 20- Any electromagnetic radiation or other communications signal 21emitted from an antenna or antenna-related equipment on the ground, antenna support structure, 22building, or other vertical projection. 23 READER BOARD SIGN 24- See "S,CC.” Changeable Copy Sign." IGNHANGEABLEOPY 25 REAL ESTATE BUSINESS 26– An establishment primarily engaged in the renting or leasing of real 27estate to others; managing real estate for others; selling, buying, or renting real estate for others; and 28providing other real estate related services, such as appraisal services. 29 REAL ESTATE SIGN 30- Any sign erected by an owner, or his agent, advertising the real property 31upon which the sign is located as for rent or sale. Such sign shall not include rooming house signs. 32 REAL PROPERTY 33- The portion of the land or buildings contained in a legal description setting forth 34the boundaries of such property and legally acknowledged under the laws of the State of Florida and 35Palm Beach County. 36 RECLAMATION 37- The filling, backfilling, restructuring, reshaping and / or revegetation within and 38around a land excavation or filling area to a safe and aesthetic condition. 39 RECONSTRUCTION 40 – See “HP.” ISTORIC RESERVATION 41 RECREATION AND ENTERTAINMENT, OUTDOOR - 42Recreation and entertainment, outdoor. 43An outdoor area which is principally used for active or passive recreation, and which is operated on a 44for-profit basis. Such uses include tennis centers and swimming pools. 45 October 27, 2010 68 DEFINITIONS RECREATION AND PARKS DEPARTMENT SPECIAL EVENT 1- Any meeting, activity, 2gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common 3purpose, design or goal upon any public or private facility, street, sidewalk, alley, park or other place or 4building where the special event substantially inhibits the usual flow of pedestrian or vehicular traffic or 5which occupies any public area or building and preempts use by the general public. A special event 6shall include but not be limited to City co-sponsored events, festivals, carnivals, concerts, parades, 7walks, races, fund raising sales and similar gatherings, block parties, grand openings, promotions, and 8other similar events not specifically permitted by City Ordinance. Merchandise sales under a tent on 9private property which have no other related activity, i.e. food sales or entertainment, are exempt from 10obtaining a Special Event permit; however, applicant must still obtain the proper Building Permit. 11 RECREATION AND PARKS DEPARTMENT SPECIAL EVENT HANDBOOK 12– A publication 13issued by the City of Boynton Beach entitled "Special Event Handbook" which sets forth procedures for 14the application process and City requirements for special event activities. 15 RECREATIONAL FACILITY 16- Any building or structure designated for recreational purposes such 17as games, sports, etc. and including adjacent property included for such use. 18 RECREATIONAL VEHICLE 19- A travel trailer, camp trailer, chassis mount camper or motor home, 20as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles. 21 REFERENCE POINT 22- Any defined position that is or can be established in relation to another 23defined position. 24 REGISTER OF HISTORIC PLACES 25 – See “HP.” ISTORIC RESERVATION 26 RELOCATION 27 - See “HP.” ISTORIC RESERVATION 28 REMODELING OR CONVERSION 29- Under the Arts in Public Places Program provisions of these 30regulations, they are the alterations Alterations made to a building within any twelve month period, 31including, but not limited to, changes to the façade of a building, changes to the interior of a building, 32increases or decreases in the floor area of a building and changes to exterior improvements (in 33connection with the Art in Public Places Program). 34 REMOVAL- 35Removal:“Removal of trees” also includes any intentional or negligent act which will 36cause a tree to decline and die within a period of three (3) years including, but not limited to, such 37damage inflicted upon the root system of a tree by the operation of heavy machinery; the change of the 38natural grade above the root system of a tree or around the trunk of a tree; and damage from injury or 39from fire inflicted on trees which results in or permits infections or pest infestations. RENTAL / LEASING, INDUSTRIAL & COMMERCIAL EQUIP – 40 An establishment primarily 41engaged in renting or leasing commercial-type and industrial-type machinery and equipment. These 42establishments typically cater to a business clientele and do not generally operate a retail-like or store- 43front facility. RENTALS, RECREATIONAL (BICYCLES, CANOES, PERSONAL WATERCRAFT) 44– An 45establishment primarily engaged in renting recreational goods, such as bicycles, canoes, mopeds, skis, October 27, 2010 69 DEFINITIONS 1beach chairs, beach umbrellas, and the like. This use excludes the rental of boats and large marine 2vessels / accessories. REPAIR / MAINTENANCE, INDUSTRIAL AND COMMERCIAL EQUIPMENT – 3An 4establishment primarily engaged in the repair and maintenance of commercial and industrial machinery 5and equipment. This use excludes junk, salvage, and tow yards. REPAIR / MAINTENANCE, PERSONAL AND HOUSEHOLD GOODS 6– An establishment 7primarily engaged in repairing and servicing personal or household-type goods, such as garments 8(tailors & dressmakers); watches; jewelry; musical instruments; bicycles and other fitness equipment; 9and including but not limited to: (1) reupholstering furniture; (2) refinishing furniture; and (3) repairing 10and restoring furniture. REPAIR, RENTAL, & MAINTENANCE OF HOME / GARDEN TOOLS 11– An establishment 12primarily engaged in the repair, rental / leasing, or maintenance / servicing of home and garden 13equipment, without retailing new home and garden equipment, such as lawnmowers, handheld power 14tools, edgers, leaf-blowers, and trimmers. REPAIR, RENTAL, & MAINTENANCE OF OFFICE, HOME EQUIP 15– An establishment 16primarily engaged in the repair, rental / leasing, or maintenance / servicing of office machinery and 17related equipment, such as computers, office furniture, duplicating machines (i.e., copiers), or facsimile 18machines. REPLACEMENT 19 - See “M.” ITIGATION RESEARCH & DEVELOPMENT, SCIENTIFIC / TECHNOLOGICAL – 20An establishment 21engaged in conducting original investigation undertaken on a systematic basis to gain new knowledge 22(research) and/or the application of research findings or other scientific knowledge for the creation of 23new or significantly improved products or processes (experimental development). 24 RESIDENT POPULATION 25- The year-round population of the city, Palm Beach County, the 26development project, or other portion of the city or county, as the context may require, using the 27methodology set forth in the comprehensive plan support documents. 28 RESIDENTIAL UNIT 29– See “DU(D.U.).” WELLING NIT 30 RESIDENTIAL ZONING DISTRICT 31- All R-1AAA, R-1AAB, R-1AA, R-1A, R-1, R-2 and R-3 32zoning districts, and those planned unit developments where the predominant land use on the approved 33master plan is residential. Whenever the words “residential district” or “residential zoning district” are 34used, they are construed to include any or all of the following zoning districts: R-1-AAB Single-Family 35Residential; R-1-AA Single-Family Residential; R-1-A Single-Family Residential; R-1 Single-Family 36Residential; R-2 Single and Two-Family Residential; R-3 Multi-Family Residential; IPUD Infill 37Planned Unit Development; PUD Planned Unit Development; or MHPD Mobile Home Planned 38Development. 39 RESOURCE 40 - See “HP.” ISTORIC RESERVATION 41 42 October 27, 2010 70 DEFINITIONS RESTAURANT – 1An establishment engaged in preparing, selling, and / or serving food and beverage 2items. Food and drink may be consumed on premises, delivered, and taken out (via pick-up or carry- 3out). Alcoholic beverages may be sold in combination with selling food but ultimately, the sale of food 4constitutes more than 51% of its monthly gross revenue. An establishment with an on site commercial 5kitchen where food and drink are prepared and served, and are consumed primarily at tables on site. A 6restaurant may serve alcoholic beverages as a secondary activity. 7 RESTAURANT, TAKE-OUT – 8An Establishment engaged in preparing and selling food and 9beverage items for consumption off the premises, via pick-up, carry-out, or delivery. Alcoholic 10beverages may be sold in combination with selling food but ultimately, the sale of food constitutes 11more than 51% of its monthly gross revenue. 12 RESTORATION 13 - “HP.” ISTORIC RESERVATION 14 RESTRICTIVE COVENANT AND AGREEMENT 15Restrictive Covenant and Agreement– The 16covenants that govern the initial sale and rental and subsequent resale and releasing of Workforce 17Housing Units created under the Workforce Housing Program. The term of the Restrictive Covenant 18and Agreement is thirty (30) years. 19 RETAIL 20- The sale of goods only to household consumers, or office or professional equipment and 21supplies, for use in offices or any other sale in the form of personal property. 22 REZONING 23- The legal process by which changes are made to the boundary or boundaries of a zoning 24district(s) or where a new boundary or boundaries are established for a zoning district(s). This process 25is known herein as a district boundary change. 26 RIGHT-OF-WAY 27- Land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, 28drainage facility, access for ingress and egress, or other purpose by the public, certain designated 29individuals, or governing bodies. A strip of land dedicated or deeded in perpetuity to the public or a 30property owners association. 31 RIGHT-OF-WAY 32-shall mean land in which the state, the Florida Department of Transportation, Palm 33Beach County or the City of Boynton Beach owns or has an agreement devoted to or required for use as 34atransportation facility or street. 35 ROADWAY 36- That portion of a highway improved, designed or ordinarily used for vehicular travel, 37exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the 38term“roadway” as used herein refers to any such roadway separately, but not to all such roadways 39collectively. 40 ROOF SIGN 41- A sign erected upon or above a roof of a building, or above or partially above a 42parapet of a building. 43 ROOFLINE 44Roofline- The overall ridge line of the structure which does not include cupolas, elevator 45towers, clock towers or other features that are permitted to exceed the maximum height of the building. October 27, 2010 71 DEFINITIONS RUBBER PRODUCTS – 1An establishment primarily engaged in the processing and fabricating of 2natural, synthetic, or reclaimed rubber materials into a variety of intermediate or final products, 3excluding tire and inner tube manufacturing, retreading, and rubber reclaiming. 4 RUBBISH - 5Rubbish- all All combustible and noncombustible waste except garbage. 6 RUNOFF 7- Precipitation discharge into waterways. The water that flows off the surface of the land 8without sinking into the soil is called surface runoff. Water that enters the soil before reaching 9waterways is called groundwater runoff or seepage flow from groundwater. 10 SAFETY SIGN / WARNING SIGN 11– See “S,S.” A D.O.T. approved sign erected to IGNAFETY 12identify a special safety or warning message relating to that particular location or area. 13 SALE OF GOODS 14- Sale, rental or leasing of goods. 15 SAND DUNES - 16Sand dunes - naturally Naturally occurring accumulations of sand in ridges or mounds 17landward of the beach. 18 SATELLITE EARTH STATION 19- A single or group of parabolic (or dish) antennas mounted to a 20support device that may be a pole or truss assembly attached to a foundation in the ground, or in some 21other configuration, including the associated ground equipment and cabinets. 22 SCALE 23- The relationship of a building or structure to its surroundings with regard to its size, height, 24bulk, and / or intensity. 25 SCHOOL, OTHER - 26An establishment primarily engaged in offering training in business and 27computer skills, cosmetology, management, and the like. This use may also include establishments 28primarily engaged in offering an array of short duration courses and seminars. SCHOOL, PRIMARY AND SECONDARY 29- A public, private, or parochial school offering 30instruction at the elementary, junior, or high school level in the branches of learning and study required 31to be taught in schools within the State. SCHOOL, TECHNICAL & TRADE - 32An establishment primarily engaged in offering job or career 33vocational or technical courses. The curriculums offered by these schools are highly structured and 34specialized and lead to job-specific certification. SECRETARY OF THE INTERIOR’S STANDARDS FOR REHABILITATION 35 – See “H ISTORIC 36P.” RESERVATION SECURITY SERVICES 37 – An establishment primarily engaged in (1) the installation and monitoring 38home / business alarm systems; (2) guard and patrol services; and / or (3) picking up and delivering 39money, receipts, or other valuable items with personnel and equipment to protect such properties while 40in transit. SETTING – 41 See “HP.” ISTORIC RESERVATION 42 October 27, 2010 72 DEFINITIONS SELF SERVICE STORAGE FACILITY (MINI-WAREHOUSES) 1- An enclosed storage facility of 2a commercial nature containing independent, fully enclosed bays which are leased to persons 3exclusively for dead storage of their household goods, personal property, or records for commercial 4businesses. Except as otherwise allowed by Section 11.0 Self-Service Storage Facilities (Mini- 5warehouses) of the Zoning Code, storage bays shall not be used to manufacture, fabricate or process 6service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair 7activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or 8industrial activity on the site. The term "Self-Service Storage Facilities" includes the following: 9Limited-access self storage facilities, which have limited access points from the exterior of the building 10to interior halls that serve individual storage bays; and, multi-access self storage facilities, which have 11multiple access points from the exterior of the building to individual bays and may have one access 12point for each storage bay. 13 SELF-SUPPORT / LATTICE TOWER 14Self-support/lattice tower- A telecommunication tower that 15is constructed without guy wires and ground anchors. 16 SETBACK 17-A line running a certain distance back from and parallel to the base, front, side or rear 18property line which provided the separation wherein no building, structure or portion thereof shall be 19permitted, erected, constructed or placed unless specifically permitted by the Code. 20 SEWER / SEPTIC & WASTE MGMT CLEANING 21 – An establishment primarily engaged in (1) 22pumping (i.e., cleaning) septic tanks and cesspools and/or (2) renting and/or servicing portable toilets. 23This use also includes establishments primarily engaged in providing waste management services such 24as sewer, catch basin, and grease trap cleaning. 25 SEWERAGE SYSTEM, CENTRAL 26- A system of pipes, pumps, tanks, etc. for the collection and 27disposal of sewage, in accordance with the requirements of requisite government agencies. 28 SEWERAGE SYSTEM, INDIVIDUAL 29- Pipes, tanks and subsurface absorption field, or other 30approved treatment device, for handling and disposing of sewage wastes for a single user. 31 SHELTER - 32Shelter.A facility, which is not a hotel or motel, used primarily for providing free or very 33low-cost short-term lodging for individuals who would otherwise be homeless. 34 SHOOTING RANGE, INDOOR - 35The commercial use of a building or structure for archery and / or 36the discharging of firearms for the purposes of marksmanship, recreation, or temporary competitions. A 37facility designed or used for shooting at targets with rifles, pistols, arrow, or shotguns, and which is 38completely enclosed within a building or structure. 39 SHOPPING CENTER 40- A group of retail commercial and/or service establishments planned, 41developed, managed and operated as a unit. 42 SHRUBS- 43“Shrubs”: Shrub shall mean a bushy, woody plant, usually with several permanent stems, 44and usually not over ten (10) feet high at its maturity. SIDEWALK - 45shall mean that That portion of the right-of-way which is located between the curbline 46or the lateral line of a street and adjacent property line and which is intended for use by pedestrians. October 27, 2010 73 DEFINITIONS SIDEWALK CAFÉ - 1Chairs and tables temporarily placed within the sidewalk area that directly abut a 2business operating as a RESTAURANT shall mean the placing, locating, or permitting of the placing 3and locating of chairs and tables within the sidewalk area adjacent to a business licensed to operate as a 4restaurant or a nightclub as defined in the Code. 5 SIDEWALK OR SANDWICH SIGN 6- A moveable sign not secured or attached to the ground. 7 SIGHT DISTANCE 8- The minimum extent of unobstructed vision in a horizontal and vertical plane. 9 SIGHTSEEING & SCENIC TOURS 10– A business office for an operation that utilizes transportation 11equipment to provide recreation and entertainment. The activity is local in nature, usually involving a 12same-day return to the point of departure. 13 SIGN 14- Every billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary 15sign, marquee, awning and canopy, and shall include any announcement, declaration, demonstration, 16display, illustration or insignia used to advertise or promote the business or other interests of any person 17or entity when placed out of doors in view of the general public. 18 SIGN - 19Sign. Includes any letter, figure, character, mark, plane, point, marquee sign, design, poster, 20pictorial, picture, banner, stroke, stripe, line, trademark or reading material which shall be constructed, 21placed, attached, painted, erected, fastened, manufactured or displayed in any manner whatsoever for 22the purpose of informing of or advertising about the nature, type or quality of goods, services or 23activities available; or to advertise the name of any firm, corporation business or any other enterprise, 24or its nature, type or quality of goods, services or activities; or to attract to or identify any of the 25aforementioned or by its nature, act to draw attention to a business. Every sign shall be classified and 26shall conform to the requirements set forth in this chapter. 27 “A” FRAME - 28A moveable sign not secured or attached to the ground. 29 30 31 ABANDONED 32- Sign which no longer identifies or advertises a bona fide activity, where the 33activity has been abandoned or does not possess a current occupational license. 34 October 27, 2010 74 DEFINITIONS ADVERTISING STRUCTURE 1- A sign structure erected or intended for advertising 2purposes, with or without advertisement display thereon, situated upon or attached to real 3property. 4 ANIMATED OR FLUTTERING 5- A sign which uses devices to generate movement by either 6mechanical, electrical or natural methods. 7 AWNING VALANCE 8 – A sign of permanent nature, which is incorporated into, affixed, or 9painted onto the valance of a permanent awning. 10 BILLBOARD 11 – Signs or framework installed for the purpose of advertising or communicating 12either commercial or noncommercial messages that refer to something other than the name, 13primary character, and/or purpose of the establishment or business on the premises where the 14sign is located. 15 BLADE 16- A small, pedestrian oriented sign that projects perpendicular from the building or is 17hung beneath a canopy/covered walkway. 18 19 20 BUS BENCH 21- A bench or seat with graphics, symbols and/or copy affixed against any surface. 22 BUS SHELTER 23- Graphics, symbols and/or copy affixed to any surface of a public transit 24shelter See “S,TS.” IGNRANSIT HELTER 25 CHANGEABLE COPY 26- A sign of permanent character, but with removable letters, words or 27numerals, indicating the names or persons associated with, or events conducted upon, the 28premises upon which a sign is erected. This sign may be erected as a part of a freestanding 29sign. 30 October 27, 2010 75 DEFINITIONS 1 2 COMBUSTIBLE 3- Any sign or sign structure which will ignite or support flames and which 4has a low flame point. Prime examples of combustible signs would be wood, non-U.L. 5approved plastics, cloths, etc. 6 CONSTRUCTION 7- A sign identifying the owners, contractors, receivers, lenders and 8suppliers on the property where the sign is located during the construction period. 9 COVERED WALKWAY AND ARCADE SIGN 10- A sign which is perpendicular to the 11building face and is suspended from, attached to, supported from or forms part of, a covered 12walkway and is rigid. 13 14 15 DIRECTIONAL 16- (1) On-premises, incidental signs designed to guide or direct pedestrians or 17vehicular traffic. (2) Signs erected or permitted by the city, Palm Beach County, State of 18Florida or the United States Government or agency thereof, for the direction or safety of the 19public. (3) A sign, notice, or symbol as to the time and place of regular civic meetings and 20religious services. 21 DIRECTORY 22- A freestanding or flat sign listing only the name and/or use or location of 23more than one (1) business, activity or profession conducted within a building, group of 24buildings or commercial center. 25 October 27, 2010 76 DEFINITIONS DOOR 1 – See “S,W.” IGNINDOW 2 DOUBLE FACED 3- A sign with two (2) faces which are back to back with no more than a 4forty-five (45) degree angle between the faces. 5 ELECTRICAL 6- A sign or sign structure in which integral electric wiring, connections and/or 7fixtures are used and connected to an electric source and meeting the requirements of the 8National Electrical Code. 9 ERECT 10- To build, construct, attach, hang, place, suspend or affix a sign. 11 FIXED PROJECTION SIGN 12- A sign, other than a flat sign, which extends outward for 13more than eighteen (18) inches from the facade of any building and is rigidly affixed thereto. 14 15 16 FLASHING 17- A sign, either fixed or portable, which uses or contains intermittent or a 18sequential flashing light source with the exception of a time or temperature sign or Dow Jones 19average sign which is part of a permitted commercial sign. 20 FLAT 21- A sign erected parallel to, and extending not more than eighteen (18) inches from, 22the facade of any building to which it is attached and supported throughout its entire length by 23the facade of the building and not extending above or beyond the building. 24 25 October 27, 2010 77 DEFINITIONS 1 2 3 4 5 6 7 8 9 10 FREESTANDING 11- A monument or ground-mounted sign identifying the use of the 12property upon which it is located. Ground-mounted signs may be supported by one or more 13poles, provided that the bottom of the sign or cabinet is no more than two (2) feet above grade 14and that the poles and complete length of the sign or cabinet are clad in the same or like 15material, completely to the ground. Alternatives to the cladding requirement may be considered 16if the design of the sign conforms to the architectural design of the building(s). 17 18 19 GOVERNMENT 20- Any temporary or permanent sign erected and maintained by the city, 21county, state or federal government or any of their legal entities. 22 GROUND 23 - Any sign, other than a pole sign, in which the entire bottom is in contact with or is 24close to the ground and is independent of any other structure. 25 October 27, 2010 78 DEFINITIONS 1 2 IDENTIFICATION 3- A non-illuminated sign affixed to the rear of a building bearing the 4business name and/or address of the occupant, with an area not exceeding three (3) square feet. 5 ILLUMINATED 6- Any sign which has characters, letters, figures, designs or outline 7illuminated by electric lights or luminous tubes as a part of the sign proper. 8 IMPRESSION 9– Any symbol and / or lettering that is struck into a masonry or stuccoed wall. 10 LOGO 11 – A symbol of a company or business. 12 MENU BOARD 13 – A sign of permanent nature, which is used in association with a drive- 14through facility. 15 MONUMENT 16- A freestanding sign situated directly on the ground or mounted completely 17along the bottom of the sign cabinet to a low-profile base or pedestal. 18 19 20 MURAL – 21See “M.” URAL 22 OFF-PREMISES 23– A sign advertising an establishment, organization, residential development, 24merchandise, service, or entertainment, which is sold, produced, manufactured, located, and / or 25furnished, at a place other than the property on which such sign is located. A sign located October 27, 2010 79 DEFINITIONS 1within a public or private right-of-way is considered an off-premises sign. A sign advertising 2an establishment, merchandise, service or entertainment, which is sold, produced, manufactured 3and/or furnished, at a place other than the property on which said sign is located. 4 ON-PREMISES 5– A sign located on-site that advertises an establishment, organization, 6residential development, merchandise, service, or entertainment, which is sold, produced, 7manufactured, located, and / or furnished. Such sign shall be located where the use, for which 8the sign is identifying or advertising, is located. A sign or sign device, indicating the business 9transacted, services rendered, goods sold or produced on the premises, including the name of 10the business, person, firm or corporation occupying the premises. Such sign shall be located 11where the use, for which the sign is identifying or advertising, is located. 12 PAINTED WALL 13-A sign painted on any exterior surface of the building or structure, 14including the roof. 15 PARAPET 16- A sign placed completely on the face of a parapet. 17 18 19 PERIMETER 20- The entire outer boundary of the sign, not including the supporting structural 21members. 22 PERMANENT 23 – A sign constructed of durable materials and intended to exist or display for 24the duration of time that the establishment, organization, or occupant is located on the premises. 25 CUSTOMARY PLAQUE, (CUSTOMARY) 26 - A sign identifying the address, operator's name 27or activity taking place within the facility, not to exceed two (2) square feet in area. 28 POLITICAL SIGN 29- A sign erected by a political candidate, group or agent thereof, for 30political purposes. 31 PROJECTING 32- A sign attached to, and projecting at a right angle from, a building face or 33wall and maintained wholly on private property. 34 PYLON SIGN 35 - A sign that is mounted on a freestanding pole(s) or other freestanding support 36so that the bottom edge of the sign face is six (6) feet or more above grade. 37 October 27, 2010 80 DEFINITIONS REAL ESTATE SIGN 1- Any sign erected by an owner, or his agent, advertising the real 2property upon which the sign is located as for rent or sale. Such sign shall not include rooming 3house signs. 4 REAR DOOR BUSINESS IDENTIFICATION PLAQUE 5- A non-illuminated sign affixed 6to the rear of a building bearing the business name and/or address of the occupant, with an area 7not exceeding three (3) square feet. 8 ROOF 9- A sign erected upon or above a roof of a building, or above or partially above a parapet 10of a building. 11 12 13 SAFETY / WARNING SIGN 14– A D.O.T. approved sign erected to identify a special safety or 15warning message relating to that particular location or area. 16 SEASONAL SALES EVENT 17 – A temporary sign used in association with a Seasonal Sales 18Event. 19 SNIPE 20- A sign of a temporary nature which is mounted to stakes or other objects, which is 21utilized to advertise or display matter. 22 SPECIAL EVENT 23- A sign which carries a message regarding a special event or function 24which is of general interest to the community and sponsored by a not-for-profit civic, religious, 25school or governmental organization. 26 SPECIAL TEMPORARY SALES EVENT 27 – A temporary sign used in association with a 28Special Temporary Sales Event. 29 TEMPORARY 30 - A sign not intended or designed for permanent display. 31 TEMPORARY BUSINESS IDENTIFICATION - 32 A non-permanent, on-premise sign 33identifying a business location. 34 TEMPORARY CONSTRUCTION 35-Asign identifying the owners, contractors, receivers, 36lenders and suppliers on the property where the sign is located during the construction period. October 27, 2010 81 DEFINITIONS 1Such sign may not be permitted prior to the issuance of a valid building permit for the specific 2site and must be removed within ten (10) days after the building permit has been finalized. 3 TRANSIT SHELTER 4 - Graphics, symbols and/or copy affixed to any surface of a public 5transit shelter. 6 VEHICLE DISPLAY VEHICULAR- 7A sign or sign structure attached or affixed in any 8manner in or to any wheeled vehicle for the purpose of advertising that business to which the 9sign refers, excluding such signs attached or affixed to public transportation vehicles for 10business advertising purposes when such vehicles belong to a fully licensed public 11transportation company. A vehicle shall not be used to circumvent this sign code. Vehicles 12with vehicular signs shall be parked in the rear of commercial or industrial establishments. 13 WALL 14- A sign containing copy, graphics, symbols and/or letters placed on the wall surface 15itself. 16 17 18 WARNING 19 – See “S,S.” IGNAFETY 20 WINDOW / DOOR SIGN 21- Any sign which is painted on, applied to, attached to, hanging in 22or projected upon or within, the exterior or interior of a building glass area, including doors. 23For clarification purposes, signs in this definition include, but are not limited to, any 24identification, message, symbol, insignia, visual representation, logo type or any other form of 25communication. 26 October 27, 2010 82 DEFINITIONS 1 2 YARD SIGN 3- A temporary sign, not to exceed four (4) square feet, which identifies a safety 4feature related to the particular lot, such as “Home Security”, “Beware of Dog”, or “Keep off 5the Grass”. 6 SIGN, AREA OF 7- The area enclosed by the perimeter of the sign including all background material, 8panel, trim and color that differentiates the sign from the building, structure or object to which the sign 9is attached. If the sign is composed of individual letters or symbols using the wall as the background 10with no added decoration, the area is the sum of the areas of the smallest contiguous rectangles 11containing a letter, symbol or continuous line or lines of advertising matter. Note: Double faced signs 12are calculated as single faced until there is more than a forty-five (45) degree angle between faces. 13 SIGN CONTRACTOR, ELECTRICAL 14 - A person licensed to install, repair, alter, add to or change, 15any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and is qualified 16to erect signs and connect to an existing sign circuit. 17 SIGN CONTRACTOR, NON-ELECTRICAL 18 - A person licensed by the city to install, repair, add 19to, paint or change non-electrical signs. 20 21SIGN COPY – Any combination of letters, numbers, graphics, or the like which are intended to 22inform, direct, or otherwise transmit information. 23 SIGN FACE - 24The part of the sign that is or can be used for advertising purposes. Shall mean the 25surface of the sign upon, against or through which the message is displayed or illustrated on the sign. 26 SIGN HEIGHT 27- The height of a freestanding sign shall be measured from the base of the sign at 28ground level (at typical grade) to the top of the highest component of the sign. “Typical” grade shall 29generally mean the average grade that would exclude variations in grade, such as for berms or 30landscaping. In instances where typical grade cannot reasonably be determined, the base elevation shall 31be the elevation of the vehicle use area, at the nearest point from the proposed location for the sign. 32The vertical dimension measured from the highest point of the sign to the mean surface grade 33surrounding the bottom of the sign. 34 SITE – 35See “HP.” ISTORIC RESERVATION 36 October 27, 2010 83 DEFINITIONS SINGLE-KEYED DEAD BOLT- 1Single-keyed dead bolt is a Alock bolt which does not have a 2spring action. This bolt must be actuated by a key from the exterior and a knob or thumb turn from the 3interior and when projected becomes locked against return by end pressure. 4 SITE PLAN FOR BUILDING PERMITTING 5- Drawings showing the location of the proposed 6building or structure and of every existing building or structure on the site or lot and other documents 7required by the director of development. 8 SITE PLAN FOR DEVELOPMENT OR REDEVELOPMENT 9- The development plan for one or 10more lots submitted in compliance with Chapter 4 including, but not limited to, requirements of Section 117 therein. 12 SKATING RINK 13- A commercial establishment that provides facilities for participant ice or roller 14skating which is completely enclosed within a building or structure. 15 SKY EXPOSURE PLANE 16-Sky Exposure Plane. A “sky exposure plane” is an imaginary inclined 17plane beginning at maximum frontage height and rising at a ratio of vertical distance to horizontal 18distance as set forth in the Mixed Use zoning regulations, used for determining maximum building 19heights and setbacks. 20 21 22 SNIPE SIGN 23- A sign of a temporary nature which is mounted to stakes or other objects, which is 24utilized to advertise or display matter. 25 SOAP & TOILETRY 26- An establishment primarily engaged in the mixing, blending, and packaging of 27cosmetics, soaps, and other cleaning compounds. 28 October 27, 2010 84 DEFINITIONS SOUP KITCHEN - 1Soup kitchen. A facility providing free or very low-cost meals or distributing free 2or very low-cost, pre-packaged foodstuffs to the public as part of a charitable activity, program or 3organization. 4 SPECIAL EVENT 5– See “RAPDSE.” ECREATION NDARKSEPARTMENT PECIALVENT 6 SPECIAL EVENT HANDBOOK 7– See “RAPDSE ECREATIONNDARKSEPARTMENT PECIALVENT 8H.” ANDBOOK 9 SPECIAL EVENT SIGN 10- A sign which carries a message regarding a special event or function which 11is of general interest to the community and sponsored by a not-for-profit civic, religious, school or 12governmental organization. 13 SPECIAL MOBILE EQUIPMENT 14- Vehicles defined as such by Section 316.003, Florida Statutes. 15 SPECIALTY FOOD STORE 16– An establishment primarily engaged in retailing specialized lines of 17food. These types of stores include various markets (Meat, Fish, Seafood, Fruit, and Vegetable), Baked 18goods, Confectionary and nut stores, and Health / Gourmet food stores. 19 SPECIMEN TREE- 20Specimen tree: A “specimen tree” shall mean a tree which has been determined 21by the judgment of the Director of Planning and Zoning or designee city inspector to be of high value 22because of its type, size, age or other arboriculturalprofessionalcriteria, and has been so designated and 23that designation has been officially made and promulgated as part of the official records of the City of 24Boynton Beach. 25 SPORTING GOODS AND TOYS – 26An establishment primarily engaged in manufacturing sporting 27goods, fitness equipment, toys, and the like. 28 STANDARDS, CURRENT 29- Documents, drawings, specifications, details, laws, rules, regulations, 30ordinances and the like in effect on the date an complete application or amended application, whichever 31is later, is submitted presented for consideration. 32 STANDARDS FOR REHABILITATION 33 – See “HP.” ISTORIC RESERVATION 34 START OF CONSTRUCTION (for other than new construction or substantial improvements 35 under the Coastal Barrier Resources Act (P.L. 97-348), 36 -The date a building permit is issued, 37provided the actual start of construction, repair, reconstruction or improvement is within one hundred 38eighty (180) days of the permit date. The actual start means the first placement of permanent 39construction (including a manufactured home) on a site, such as the pouring of slabs or footings, 40installation of piles, construction of columns or any work beyond excavation or placement of a 41manufactured home on a foundation. Permanent construction excludes land preparation such as 42clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, 43footings, piers or foundations or the erection of temporary forms; installation on the property of 44accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main 45structure. 46 October 27, 2010 85 DEFINITIONS STATE - 1 State. The words “the state” or “this state” shall be construed to mean the State of Florida. 2 STATE HOUSING INITATIVES PARTNERSHIP ACT - 3Definitions.For the purposes of this 4section, the definitions contained in the State Housing Initiatives Partnership Act hereinafter “the Act,” 5Sections 420.907 et seq., Florida Statutes, and Chapter 9I-37 of the Florida Administrative Code, as 6amended from time to time, are adopted herein by reference. 7 STATE PLANE COORDINATE - 8The system of plan coordinates which has been established by the 9National Ocean Service for defining and stating the positions or locations of points on the surface of the 10earth within the state and shall hereinafter be known and designed as the “Florida State Plane 11Coordinate System”. For the purpose of the use of this system, the zones established by the National 12Ocean Service in NOAA Manual NOS NGS 5, State Plane Coordinate System of 1983, shall be used 13and the appropriate projection and zone designation shall be indicated and included in any description 14using the Florid State Plane Coordinate System. 15 STATE ROAD 16- Any highway designated as a state-maintained road by the Department of 17Transportation. 18 STATE STANDARDS 19- See“Department of Transportation State Standards.” 20 STEALTH FACILITY 21Stealth facility - See “WCF,C.” IRELESS OMMUNICATIONSACILITYONCEALED 22Any telecommunications facility which is designed to blend into the surrounding environment and 23which is incorporated into and is compatible with uses otherwise permissible on site. Examples of 24stealth facilities include, but are not limited to, architecturally screened roof-mounted antennas, 25antennas integrated into architectural elements, and telecommunication and/or personal wireless 26services towers designed to look like light poles, power poles, clock towers, or trees. STONE CUTTING & FINISHING – 27 An establishment primarily engaged in cutting, shaping, and 28finishing marble, granite, slate, and other stone for building and miscellaneous uses. This use also 29includes establishments primarily engaged in buying or selling partly finished monuments and 30tombstones. 31 STORAGE CONTAINER, TEMPORARY - 32An object that is designed and constructed by the 33manufacturer thereof for the primary purpose of storing and / or transporting items or goods which may 34be used for storage purposes in lieu of storage within a principal or accessory building. Also included 35are operable or inoperable vehicles used for the purposes as described herein. 36 STORAGE OF HOUSEHOLD GOODS 37- The storage of goods by individual households of their 38household possessions, and excluding storage of inflammable, explosive, toxic or hazardous materials. 39 STORAGE, BOATS / MOTOR / RECREATIONAL VEHICLES – 40An outdoor storage facility for 41the temporary storage of boats, motor, or recreational vehicles, as a principal use. This use excludes 42junk yards, salvage, or tow yards. 43 STORAGE, OPEN 44- The safekeeping of any goods or products in an unoccupied space open to the sky 45for eventual removal not expected within seventy-two (72) hours or for continuous replacement by 46same or similar goods or products. 47 October 27, 2010 86 DEFINITIONS STORAGE, SELF-SERVICE 1– An establishment engaged in the storage of personal property in 2facilities where individual owners control individual storage bays. This use includes both limited- 3access and multi-access facilities. 4 STORM DRAINAGE 5- A system sufficient to prevent inundation resulting from a three-year storm 6which conveys storm waters to publicly dedicated and maintained drainage canals or natural waterways 7acceptable to the agency having jurisdiction or an alternate proposal approved by the city engineer. 8 STORMWATER 9- The flow of water which results from a rainfall event. 10 STREET 11- Includes any access way such as a street, road, lane, highway, avenue, boulevard, alley, 12parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying 13between the right-of-way lines as delineated on a plat showing such streets, whether improved or 14unimproved, but shall not include those access ways such as easements and rights-of-way intended 15solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water 16lines, drainage and sanitary sewers, and easements for ingress and egress. A public or private strip of 17land which affords a principal means of access to abutting property. The word street is synonymous 18with road, avenue, boulevard, lane, place. 19 STREET- 20means that portion of a right-of-way improved, designed or ordinarily used for vehicular 21traffic or parking. 22 ARTERIAL 23- A route providing service which is relatively continuous and of relatively high 24traffic volume, long average trip length, high operating speed, and high mobility importance. In 25addition, every United States numbered highway is an arterial road, and as well as every street 26shown or described as “arterial” according to the current or most recent functional classification 27system contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended, 28is an arterial.A route providing service which is relatively continuous and of relatively high 29traffic volume, long average trip length, generally higher operating speed, and high mobility 30importance. In addition, all United States numbered highways shall be arterial roads. 31 STREET, COLLECTOR 32 - A route providing service which is of relatively moderate average 33traffic volume, moderately average trip length and moderately average operating speed. Such a 34route also collects and distributes traffic between local roads or arterial roads and serves as a 35linkage between land access and mobility needs. A street shown or described as a “collector” 36street according to the current or most recent functional classification system contained in the 37City of Boynton Beach Comprehensive Plan, as adopted and amended. A route providing 38service which is of relatively moderate average traffic volume, moderately average trip length, 39and moderately average operating speed. These routes also collect and distribute traffic 40between local roads or arterial roads and serve as a linkage between land access and mobility 41needs. 42 CUL-DE-SAC 43- A street terminated at the end by a vehicular turn-a-round. A circular 44turnaround on a local street with only one outlet. 45 October 27, 2010 87 DEFINITIONS 1 2 DEAD END- 3Astreet with only one outlet. 4 LIMITED ACCESS 5- A highway or freeway which does not permit access except at 6authorized and controlled points. The acquisition of right-of-way for such highways or 7freeways usually includes the acquisition of access rights thereto. Access may also be limited 8through methods other than acquisition of access rights. 9 LOCAL STREET- 10A street shown or described as a “local” street according to the current or 11most recent functional classification system contained in the City of Boynton Beach 12Comprehensive Plan, as adopted and amended. A street shown or described as such according 13to the current or most recent functional classification contained in the City of Boynton Beach 14Comprehensive Plan, as adopted and amended. 15 MAJOR THOROUGHFARES 16- A main traffic artery connecting two (2) or more 17municipalities. 18 STREET, MARGINAL ACCESS 19- A street, parallel and adjacent to an expressway, arterial 20street or limited access street or in the immediate vicinity of such streets utilized primarily for 21relieving such streets from local service of abutting property by providing protection from 22conflicts with through traffic. Also called a frontage street. 23 STREET, PRIVATE 24- Any street not dedicated to the public. 25 STREET, PUBLIC 26- Any street dedicated to the public and accepted for ownership and 27maintenance by the City Commission. 28 STREETSCAPE 29 - The sum of the man-made and planted features that create the character of a public 30space. Streetscape features may be located within and abutting the right-of-way. Streetscape features 31include street trees and plantings; street furniture such as benches, street lights, signs, kiosks, gazebos, 32trash receptacles, bicycle racks, railings and fences, fountains, planters, memorials, public telephones, 33and bollards; sidewalks; median strips and islands; public art; banners and flags; signs and awnings; and 34similar publicly visible features. 35 STREET FRONTAGE 36- The property line adjacent to a public or private street. 37 October 27, 2010 88 DEFINITIONS STREET, INTERSECTION 1- The point of crossing or meeting of two (2) or more streets. 2 STREET, LOCAL 3- A route providing service which is of relatively low average traffic volume, short 4average trip length or minimal through-traffic movements, and high land access for abutting property. 5 STREET, MINOR 6-See“Local Street.” 7 STRIKE PLATE- 8Strike plate is Isa metal plate designed to receive and hold a projected bolt. 9 STRUCTURAL TRIM 10- Shall mean the molding, battens, cappings, nailing strips, latticing and 11platforms which are attached to the sign structure. 12 STRUCTURE 13- Any building or improvement, for which a certificate of occupancy is required, 14constructed upon real property located within the municipal limits of the city. Also see “H ISTORIC 15P,S().” RESERVATIONTRUCTURES 16 SUBDIVISION 17- Land divided into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any 18other division of land; and includes establishment of new streets and alleys, additions, and re- 19subdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands 20or area subdivided. The division of a parcel of land into two (2) or more lots or parcels, either by plat 21into lots and blocks or by metes and bounds description, for the purpose of transfer of ownership or 22development or, if a new street is involved, by division of a parcel of land. 23 SUBSTANTIAL, SUBSTANTIAL IMPROVEMENT - 24Substantial, Substantial Improvement- Any 25repair, reconstruction, or improvement of a structure or site, the cost of which equals or exceeds fifty 26(50) per cent of the value of the structure as established by the most recent Palm Beach County ad 27valorem tax bill, either (1) before the improvement or repair is started, or (2) if the structure has been 28damaged and is being restored, before the damage occurred. For the purposes of this definition, 29"substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or 30other structural part of the building commences, whether or not that alteration affects the external 31dimensions of the structure. Any repair, reconstruction or improvement of a structure, the cost of which 32equals or exceeds fifty (50) per cent of the market value of the structure before the improvement or 33repair is started, or if the structure has been damaged and is being restored, before the damage 34occurred. Substantial improvement occurs when the first alteration of any wall, ceiling, floor or other 35structural part of the building commences, whether or not that alteration affects the external dimensions 36of the structure. The term does not include any project for improvement of a structure to comply with 37existing state or local health, sanitary or safety codes, or alteration of a structure listed on the National 38Register of Historic Places or a state inventory of historic places. 39 SUBSTANCE ABUSE CENTER - 40– See “GH,T4.”Substance abuse center. A facility ROUPOMEYPE 41used primarily for the treatment of individuals for alcohol or drug abuse. 42 SUPPLIED FACILITES - 43Supplied facilities- Facilities paid for, furnished or provided by, or under 44the control of, the owner or operator. 45 SURETY 46- An irrevocable surety guaranteeing that all required surveying and construction 47improvements will be completed in full accord with approved documents and all conditions attached 48thereto. October 27, 2010 89 DEFINITIONS 1 SURFACE WATERS 2- All waterways and associated wetlands that hold or transport water on or over 3the ground. 4 SURROUNDING BUILDINGS 5 – See “HP.” ISTORIC RESERVATION 6 SURVEY 7 - The orderly process of determining facts of size, shape, identity, geodetic location, or legal 8location by viewing and applying direct measurement of features on or near the earth’s surface using 9field or image methods; further defined as follows according to the type of data obtained, the methods 10and instruments used, and the purpose(s) to be served: 11 AS-BUILT - 12 A survey performed to obtain horizontal or vertical dimensional data so that 13constructed improvements may be located and delineated; also known as a Record Survey. 14 BOUNDARY - 15 A survey, the primary purpose of which is to document the perimeters, or any 16one of them, of a parcel or tract of land by establishing or re-establishing corners, monuments, 17and boundary lines for the purpose of describing the parcel, locating fixed improvements on the 18parcel , dividing the parcel, or platting. 19 CONDOMINIUM - 20 A survey performed pursuant to Chapter 718, Fla. Stat.; includes a 21Boundary Survey. 22 CONSTRUCTION LAYOUT 23 - The measurements made, prior to or while construction is in 24progress, to control elevation, configuration, and horizontal position and dimensions. 25 CONTROL - 26A survey which provides horizontal or vertical position data for the support or 27control of subordinate surveys or for mapping. 28 DESCRIPTIONS - 29Written by a surveyor and mapper to describe land boundaries by metes 30and bounds shall provide definitive identification of boundary lines. A sketch shall accompany 31the property description showing all information referenced in the description and shall state 32that such sketch is not survey. The initial point in the description shall be tied to either a 33government corner, a recorded corner, or some other well-established survey point. 34 HYDROGRAPHIC 35 - A survey having as its principal purpose the determination of data 36relating to bodies of water, and which may consist of the determination of one or several of the 37following classes of data: depth of water and configuration of bottom; directions and force of 38current; heights and time of water stages; and location of fixed objects for survey and 39navigation purposes. 40 MEAN HIGH WATER LINE - 41A survey to document the mean high water line as defined in 42Part II, Chapter 177, Fla. Stat. 43 QUANTITY 44- A survey to obtain measurements of quantity. 45 RECORD - 46 A survey performed to obtain horizontal and vertical dimensional data so that 47constructed improvements may be located or delineated; also known as an As-Built Survey. 48 October 27, 2010 90 DEFINITIONS SPECIFIC OR SPECIAL PURPOSE - 1 A survey performed for a purpose other than the 2purposes detailed in the other types of surveys defined within these regulations. 3 TOPOGRAPHIC - 4 A survey of selected natural and artificial features of a part of the earth’s 5surface to determine horizontal and vertical spatial relations. 6 SURVEY DATA 7- All information shown on the face of a plat that would delineate the physical 8boundaries of the unified property or the subdivision and any parts thereof. 9 POINT OF COMPOUND CURVATURE (PC) - 10“P.C.C.,” means the point where two 11circular curves have a common point of tangency, the curves lying on the same side of the 12common tangent. 13 POINT OF CURVATURE (PC) - 14“P.C.,” means the point where a tangent circular curve 15begins. 16 POINT OF REVERSE CURVATURE (PRC) - 17“P.R.C.,” means the point where two circular 18curves have a common point of tangency, the curves lying on opposite side of the common 19tangent. 20 POINT OF TANGENCY (PT) - 21“P.T.,” means the point where a tangent curve ends and 22becomes tangent. 23 SURVEY MONUMENT 24- An artificial or natural object that is permanent or semi-permanent, and 25used or presumed to occupy any real property corner, point on a boundary line, or reference point. A 26survey marker must: (1) be composed of a durable material; (2) have a minimum length of 18 inches; 27(3) have a minimum cross-section area of material of 0.2 square inches; (4) be identified with a durable 28marker or cap bearing either the Florida registration number of the professional surveyor and mapper in 29responsible charge or the certificate of authorization number of the legal entity, which number shall be 30preceded by LS or LB as applicable; (5) be detectable with conventional instruments for locating 31ferrous or magnetic objects. If the location of the monument falls in a hard surface such as asphalt or 32concrete, alternate monumentation may be used that is durable and identifiable. 33 SURVEYOR AND MAPPER, PROFESSIONAL 34- A surveyor and mapper registered under Chapter 35472, Fla. Stat., who is in good standing with the Board of Professional Surveyors and Mappers.A 36surveyor registered in Florida. 37 SWIMMING POOL 38- Any confined body of water, located either above or below the existing finished 39level of the site, exceeding two (2) feet in depth, designed, used or intended to be used for swimming or 40recreational purposes. 41 TANDEM PARKING 42- See “P,T.”The placement of parking spaces one behind the ARKINGANDEM 43other, so that the space nearest the driveway, aisle, or street access serves as the only means of access to 44the other space. 45 TAXI, LIMO, CHARTER BUS – 46An establishment primarily engaged in the use of motor vehicles 47offered to the public for the purpose of carrying or transporting passengers for a fixed charge, fee, or 48hourly rate. This use excludes Automobile Rental. October 27, 2010 91 DEFINITIONS 1 TECHNICAL REVIEW COMMITTEE (TRC) 2- A committee consisting of the director of 3development, the fire chief, the police chief, the director of utilities, the director of public works, the 4city engineer, the recreation and parks director, and the director of planning and zoning, or their duly 5authorized representatives. 6 TECHNICAL SITE PLAN 7 - Technical Site Plan. Technical Site Plans are development plans for one 8or more lots submitted in compliance with an approved Master Site Plan for a Mixed Use Pod within a 9Planned Industrial Development district (PID) Chapter 4, Section 7, (A. through G.) and Section 8. 10Prior to approval of the Master Site Plan, technical site plans may be reviewed by the City Commission, 11for review and approval of waiver requests for flexibility of development regulations. Such plans shall 12meet the regulations for technical site plans and shall specifically list in the tabular data those specific 13elements of the plan requiring waiver approval. 14 TELECOMMUNICATION TOWER 15Telecommunication tower – See “AS NTENNAUPPORT 16S.” A guyed, monopole or self-support/lattice tower, constructed as a free-standing structure, TRUCTURE 17containing one or more antennas used in the provision of personal wireless services, excluding radar 18towers, amateur radio support structures licensed by the FCC, private home use of satellite dishes and 19television antennas and satellite earth stations installed in accordance with applicable codes. 20 TEMPORARY BUSINESS IDENTIFICATION SIGN 21- A non-permanent, on-premise sign 22identifying a business location. 23 TEMPORARY CONSTRUCTION SIGN 24- A sign identifying the owners, contractors, receivers, 25lenders and suppliers on the property where the sign is located during the construction period. Such 26sign may not be permitted prior to the issuance of a valid building permit for the specific site and must 27be removed within ten (10) days after the building permit has been finalized. 28 TEMPORARY EMPLOYMENT AGENCY 29– An establishment primarily engaged in supplying 30workers (administrative, professional, sales) for limited periods of time to supplement the work force of 31the client. The individuals provided are employees of the temporary employment agency. However, 32these establishments do not provide on-site training or direct supervision of their employees at the 33clients' workplace. 34 TEMPORARY HOUSING 35-Temporary housing- any Any trailer or other structure used for human 36shelter which is designed to be transportable and which is not attached to the ground, to another 37structure or to any utility system for more than 30 days. Any trailer or other structure occupied for 38more than 30 days shall meet all requirements of this article. 39 TENSE- 40Tense. Words used in the present or past tense include the future as well as the present or 41past. 42 TESTING LABORATORY - 43An establishment primarily engaged in performing laboratory analysis 44of natural resources and manufactured materials. The scientific analysis is generally performed for an 45outside customer to support the work of that customer. 46 October 27, 2010 92 DEFINITIONS TEXTILE PRODUCTS - 1An establishment primarily engaged in fabricating apparel, clothing 2accessories, and canvas goods from purchased fabric and materials. 3 THEATER – 4Theater. A building or outdoor structure expressly designed to seat persons viewing the 5presentation of plays, operas, music concerts, motion pictures, etc. 6 THOROUGHFARE PLAN 7- The plan of present and future streets adopted by the City of Boynton 8Beach. 9 THRIFT STORE 10 – See “M,U.” ERCHANDISESED 11 TILE AND CARPET 12 – An establishment primarily engaged in the retail sales and installation of 13finished flooring products, such as ceramic tile, natural stone and marble, carpet, hardwood, cork, 14laminate, and vinyl. 15 TIME SHARING HOTEL 16- The term shall include, but shall not be limited to, any building or part 17thereof in which the right of use or occupancy of any unit circulates among various occupants for 18specific periods of time less than a full year during any given year but not necessarily for consecutive 19years in accordance with a fixed time schedule on a periodically recurring basis extending for more than 20one year. The determination that a building, or part thereof, is a time sharing hotel shall be made 21without regard to the form of ownership of the property or of the units therein and shall be immaterial 22whether the right of use or occupancy is derived from a leasehold of fee interest. 23 TOWER 24- See “ASS.” NTENNAUPPORTTRUCTURE 25 TOWING, MOTOR VEHICLE – 26An establishment primarily engaged in towing light or heavy motor 27vehicles, both local and long distance. These establishments may provide incidental services, such as 28the temporary storage of towed vehicles and emergency road repair services. This use excludes junk 29and salvage yards. TOWNHOME 30 - A type of dwelling unit that is designed for or occupied by no more than one (1) 31family or household. Each dwelling unit has the following: 1) direct means of access to the outside; 2) 32tenant separation (party) walls designed and constructed in accordance with the Florida Building Code; 33and 3) fee simple ownership of the lot occupied by that unit. TOWNHOUSE 34 - A dwelling comprised of at least three (3) attached townhomes. 35 TRAFFIC 36- Pedestrians, ridden or herded animals, and vehicles, streetcars and other conveyances 37either single or together while using any street or highway for purposes of travel. 38 TRAFFIC CONTROL DEVICES 39- Any mechanism used to regulate traffic, such as pavement 40striping, signs, etc. as specified in the D.O.T. Manual on Uniform Traffic Control Devices 41(M.U.T.C.D.), excluding any mechanical or electrical device such as traffic lights. 42 TRAFFIC CONTROL SIGNAL 43- Any device, whether manually, electrically or mechanically 44operated by which traffic is alternately directed to stop and permitted to proceed. 45 October 27, 2010 93 DEFINITIONS TRAFFIC IMPACT ANALYSIS 1- A traffic statement prepared by a registeredprofessional engineer 2competent in traffic engineering and registered in the State of Florida, submitted as part of the 3application for site plan, rezoning, or other application in compliance with local, County, or State 4review requirements for appropriate review of traffic impacts. Such analysis should address at a 5minimum, daily and peak hour movements, turn lanes required, signalization, capacity of the street 6system and interior driveway lengths. 7 TRAILER 8- Any vehicle with or without motive power, other than a pole trailer, designed for carrying 9persons or property and for being drawn by a motor vehicle. 10 TRAVEL AGENCY - 11An establishment primarily engaged in acting as agents in selling travel, tour, 12and accommodation services to the general public and commercial clients. TUTORING AND TESTING CENTER 13 – An establishment primarily engaged in providing remedial 14teaching or instructional services to pupils on a contractual and limited basis. This classification also 15includes centers where scholastic or professional tests are administered and assessed. TREES- 16"Trees": Any self-supporting woody perennial plant which has a trunk diameter of three (3) 17inches or more when measured at a point four and one-half (4 1/2) feet above ground level and which 18normally attains an overall height of at least ten (10) feet at maturity usually with one main stem or 19trunk and many branches. It may appear to have several stems or trunks as in several varieties of oak. 20All mangrove trees shall be included hereunder, which are four (4) feet or more in height. 21 TRUCKING, TRANSFER, OR MOVING OPERATION 22- A use where trucking, transfer of 23goods or the moving of goods or property is the principal use, and where the use involves the use of 24such vehicles as are referred to in Section 14-3(a) of the City of Boynton Beach Ordinances. 25 TRUCKS, BUSES, FARM EQUIPMENT, OR FARM MACHINERY - STORAGE, PARKING, 26 SALE, RENTAL OR LEASING 27- The keeping of any trucks, buses, farm equipment, construction 28machinery or other vehicles referred to in Section 14-3(a) of the City of Boynton Beach Code of 29Ordinances on a premises for any length of time, for purposes other than the ongoing service or repair 30of the vehicle, ongoing deliveries requiring the vehicle, ongoing maintenance or construction projects, 31or where the operator of the vehicle is registered at a licensed hotel or motel and the vehicle is parked 32on the site of a hotel or motel. Ongoing service, repairs or deliveries shall be construed to be the 33keeping of such vehicles on the premises only for the amount of time that the vehicle is being serviced 34or repaired, or is making deliveries. Ongoing maintenance or construction projects shall include 35overnight parking on the premises for the duration of such a project on the premises, during which the 36vehicle is actually used. This definition shall not be construed to prohibit the parking of such vehicles 37as a customary accessory use to a lawful principal use where the vehicle is owned or operated by the 38owner of the principal use, where the vehicle is necessary for the operation of the principal use, and 39where the parking of such vehicles is not prohibited elsewhere in the City of Boynton Beach Codes and 40Regulations. 41 TUXEDO, FORMAL WEAR, COSTUME RENTAL - 42An establishment primarily engaged in 43renting clothing, such as formal wear, costumes (e.g., theatrical), or other clothing (except laundered 44uniforms and work apparel). 45 October 27, 2010 94 DEFINITIONS UNITY OF TITLE 1- A document recorded in the Office of the Clerk of the Circuit Court of Palm 2Beach County, stipulating that a lot, lots or parcel(s) of land shall be held under single ownership, shall 3not be eligible for further subdivision and shall not be transferred, conveyed, sold or divided in any unit 4other than in its entirety. 5 URBAN AGRICULTURE 6 – See “G.” ARDEN 7 URBAN LAND USE 8- The use of land for other than agricultural, open space, conservation or 9preservation uses, including uses which are clearly accessory and subordinate to these uses. 10 USE 11- Any purpose for which a building or other structure or a tract of land may be designed, arranged, 12intended, maintained or occupied; or any activity, occupation, business or operation carried on, or 13intended to be carried on, in a building or other structure or on a tract of land. 14 USE, ACCESSORY 15 - A use that is customarily incidental to the principal use and so necessary or 16commonly to be expected that it cannot be supposed that these regulations intended to prevent it. 17Accessory uses, unless otherwise provided, shall be located on the same premises as the principal use. 18 USE, CONDITIONAL 19 - A use that, because of special requirements or characteristics, may be allowed 20in a particular zoning district but only with conditions as necessary to make the use compatible with 21other uses permitted in the same zone or vicinity would not be appropriate generally, or without 22restriction, throughout a zoning classification or district. Such uses however, if controlled as to area, 23location, number or relation to the neighborhood, would promote public appearance, comfort, 24convenience, general welfare, good order, health, morals, prosperity and safety of the city. Such uses 25may be allowed in a zoning classification or district as a conditional use if specific provision for such a 26conditional use is made in these zoning regulations. 27 USE, NON-CONFORMING - 28A non-conforming use is a use which lawfully occupied a building or 29land prior to the adoption of the ordinance or any amendment thereto, which has been lawfully 30continued, and that no longer conforms to the uses permitted in the site’s current zoning district, due to 31changes in the code or its application to the site. 32 USE, PRINCIPAL - 33The primary or predominant use of any building, structure, or lot. Theprimary 34purpose for which land or building is used as permitted by the applicable zoning district. 35 USE, PERMITTED 36 - A use permitted in a zoning district, without the need for special administrative 37review and approval, upon satisfaction of the standards and requirements of this ordnance. 38 USE, PROHIBITED 39 - A use not permitted in a zoning district. 40 USED MERCHANDISE 41- Merchandise which has been previously owned by another consumer or 42other end-user prior to being stocked or sold on the premises. 43 UTILITY 44 - A governmental or franchised provider of water, sewer, electric, gas, telephone, telegraph, 45cable television or similar service. 46 October 27, 2010 95 DEFINITIONS UTILITY TRAILER 1- A trailer or commercial truck which is rented, leased or sold primarily for use 2by household users for moving household goods, and specifically excluding truck-tractors or semi- 3trailers. 4 VARIANCE - 5Relief from certain requirements of the regulations herein as described where such 6variance will not be contrary to the public interest and warranted due to conditions peculiar to the 7property and not the result of the actions of the applicant, and when literal enforcement of this Code 8would result in unnecessary and undue hardship. A procedure by which an applicant may request 9modification of the requirements set forth herein under specific conditions which do not nullify the 10intent and purposes of this ordinance. 11 VEHICULAR SIGN 12- A sign or sign structure attached or affixed in any manner in or to any 13wheeled vehicle for the purpose of advertising that business to which the sign refers, excluding such 14signs attached or affixed to public transportation vehicles for business advertising purposes when such 15vehicles belong to a fully licensed public transportation company. A vehicle shall not be used to 16circumvent this sign code. Vehicles with vehicular signs shall be parked in the rear of commercial or 17industrial establishments. 18 VIDEOS, GAMES & DVD RENTAL - 19An establishment primarily engaged in renting pre-recorded 20video tapes and discs for home electronic equipment for entertainment purposes. This use excludes 21adult entertainment. 22 VINES- 23“Vines”: Plants which normally require support to reach mature form. 24 WALL SIGN 25- A sign containing copy, graphics, symbols and/or letters placed on the wall surface 26itself. 27 WAREHOUSING - 28An establishment engaged in operating facilities to store general merchandise, 29refrigerated goods, and other warehouse products for distribution. They do not sell on-site, the goods 30they handle. WARNING SIGN 31 – See “S,S.” IGNAFETY 32 WATER SYSTEM, CENTRAL 33- A supply of water to serve more than one user including the water 34source, pipes, pumps, tanks, treatment plants and all other appurtenances. 35 WATER SYSTEM, INDIVIDUAL 36- A water source and other appurtenances supplying water to only 37one user. 38 WATERWAY 39- Any body containing water such as a canal, channel, ditch, drainage way, lake, stream, 40watercourse, etc. 41 WCF 42- See “WCF.” IRELESS OMMUNICATION ACILITY 43 October 27, 2010 96 DEFINITIONS WETLANDS 1- Open bodies of water and those portions of a water body inundated at regular and 2periodic intervals, or those areas where vegetation is dominated by submerged and transitional species 3of plants listed in Florida Administrative Code Rule 17-3.022. 4 WHIP ANTENNA 5Whip antenna- A cylindrical antenna that transmits signals in 360 degrees. 6 WHOLESALE 7- Sale of goods to consumers other than household consumers or to business and 8professional offices for use in such offices. For the purposes of these regulations, a wholesale 9establishment shall be defined as an establishment where more than fifty (50) per cent of the value of 10goods sold on or from the premises are sold at wholesale prices to customers or users other than 11household consumers. 12 WHOLESALE TRADE – 13An establishment engaged in selling or distributing merchandise to retailers 14or other businesses, excluding sales to household customers. WINDMILL, AERATION 15 - A wind driven aeration system that pumps oxygen into air lines located 16in water bodies, such as wet detention areas, ponds, and the like. Air diffusers turn the compressed air 17into oxygen bubbles, whose purpose it is to rise through the water and remove pollutants and improve 18water quality. It is not the function of an aeration windmill to create or generate electric power, either 19for use or sale, on or off-site. WINDOW/DOORSIGN 20- Any sign which is painted on, applied to, attached to, hanging in or 21projected upon or within, the exterior or interior of a building glass area, including doors. For 22clarification purposes, signs in this definition include, but are not limited to, any identification, 23message, symbol, insignia, visual representation, logo type or any other form of communication. 24 WIRELESS COMMUNICATION FACILITY (WCF) 25 - Any manned or unmanned equipment used 26for the transmission and / or reception of radio frequency signals, or other wireless communications, 27and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, 28and may include an antenna support structure. The following developments shall be deemed a WCF: 29developments containing new, mitigated, or existing antenna support structures, public antenna support 30structures, replacement antenna support structures, co-location on existing antenna support structures, 31attached wireless communications facilities, concealed wireless communication facilities, and non- 32concealed wireless communication facilities. Excluded from the definition are: non-commercial 33amateur radio, amateur ham radio and citizen band antennas, satellite earth stations and antenna support 34structures, and antennas and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission 35facilities. 36 ANTENNA - 37Any apparatus designed for the transmitting and / or receiving of electromagnetic 38waves, including but not limited to telephonic, radio or television communications. Types of 39elements include, but are not limited to omni-directional (whip) antennas, sectorized (panel) 40antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas. 41 ANTENNA ARRAY 42- A single or group of antenna elements and associated mounting 43hardware, transmission lines, or other appurtenances which share a common attachment device, 44such as a mounting frame or mounting support structure, for the sole purpose of transmitting or 45receiving electromagnetic waves. October 27, 2010 97 DEFINITIONS 1 ANTENNA ELEMENT 2- Any antenna or antenna array. 3 ANTENNA SUPPORT STRUCTURE 4- A vertical projection composed of metal or other 5material with or without a foundation that is designed for the express purpose of 6accommodating antennas at a desired height. Antenna support structures do not include any 7device used to attach antennas to an existing building, unless the device extends above the 8highest point of the building by more than 20 feet. Types of support structures include the 9following: 10 GUYED 11- A style of antenna support structure consisting of a single truss assembly 12composed of sections with incorporated bracing. The sections are attached to each 13other, and the assembly is attached to a foundation and supported by a series of wires 14that are connected to anchors placed in the ground or on a building. 15 LATTICE 16- A tapered style of antenna support structure that consists of vertical and 17horizontal supports with multiple legs and cross-bracing, and metal crossed strips or 18bars. 19 MONOPOLE 20- A style of freestanding antenna support structure consisting of a single 21shaft usually composed of two or more hollow sections without guy wires and the like 22or in the ground or on a building’s roof. 23 ANTENNA, COMBINED 24 - An antenna or an antenna array designed and utilized to provide 25services for more than one (1) wireless provider for the same or similar type of services. 26 ATTACHED 27 - An antenna or antenna array that is secured to an existing building or structure 28with any accompanying pole or device which attaches it to the building or structure, together 29with transmission cables, and an equipment cabinet, which may be located either on the roof or 30inside/outside of the building or structure. An attached wireless communications facility is 31considered to be an accessory use to the existing principal use on a site. (See also 32F). REESTANDING 33 CONCEALED – 34Also known as “stealth” or “camouflaged” , means a type of WCF, ancillary 35structure, or WCF equipment compound, that is not readily identifiable as such, and is designed 36to be aesthetically compatible with existing and proposed building(s) and uses on a site. There 37are two types of concealed WCFs, namely, Attached and Freestanding. They are further 38described as follows: 39 40Attached - Examples of concealed attached facility include, but are not limited to the 41following: painted antenna and feed lines to match the color of a building or structure, 42faux windows, dormers or other architectural features that blend with an existing or 43proposed building or structure. 44 45Freestanding - Concealed WCFs usually have a secondary, obvious function which may 46be, but is not limited to the following: church steeple, windmill, bell tower, clock tower, 47cupola, light standard, flagpole with or without a flag, or tree. (See also NON- 48CONCEALED). October 27, 2010 98 DEFINITIONS 1 CO-LOCATION 2 - The practice of installing and operating multiple wireless carriers, service 3providers, and/or radio common carrier licensees on the same antenna support structure or 4attached wireless communication facility using different and separate antenna, feed lines and 5radio frequency generating equipment. 6 FREESTANDING 7- Any manned or unmanned location for the transmission and/or reception 8of radio frequency signals, or other wireless communications, and usually consisting of an 9antenna or group of antennas, feed lines, and equipment cabinets, and may include an antenna 10support structure. A freestanding wireless communication facility includes, but is not limited to 11the following: guyed, lattice, or monopole antenna support structures. (See also A). TTACHED 12 MITIGATION 13 - A modification of an existing antenna support structure to increase the height, 14or to improve its integrity, or to replace or remove one or several antenna support structure(s) 15located in proximity to a proposed new antenna support structure in order to encourage 16compliance with this ordinance or improve aesthetics or functionality of the overall wireless 17network. 18 NON-CONCEALED 19- A wireless communication facility that is readily identifiable as such 20and can be either freestanding or attached (See also C). ONCEALED 21 RADIO FREQUENCY EMISSIONS 22 - Any electromagnetic radiation or other 23communications signal emitted from an antenna or antenna-related equipment on the ground, 24antenna support structure, building, or other vertical projection. 25 WIRELESS COMMUNICATIONS 26- Any personal wireless service, which includes but is not limited 27to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced 28specialized mobile radio (ESMR), unlicensed spectrum services utilizing devices described in Part 15 29of the FCC rules and regulations (e.g., wireless internet services and paging). 30 WORK 31- All construction for all facilities and features. 32 WOOD PRODUCTS - 33 An establishment primarily engaged in processing and fabricating purchased 34wood and / or wood parts into a variety of intermediate or final products. This use excludes pulp mills, 35wood preserving, pressure treating, and / or drying. 36 WORKFORCE HOUSING UNIT - 37Workforce Housing UnitA dwelling to be sold or leased to an 38individual or family that is Income Qualified in which the rent or mortgage payments (including 39principal, interest, taxes, insurance and homeowner association fees) does not exceed 35% of the gross 40income of households that are classified as low or moderate income households. 41 WORKMANLIKE STATE OF MAINTENANCE AND REPAIR - 42Workmanlike state of 43maintenance and repair - in In compliance with all codes and ordinances pertaining to construction of 44buildings and installation of utilities. 45 WORKSHOP 46– See “CONTRACTOR’S WORKSHOP.” 47 October 27, 2010 99 DEFINITIONS WRAPPED PARKING STRUCTURE 1. A parking structure that is enveloped with habitable or 2leaseable space to disguise the actual function of the structure. A fully wrapped parking structure is one 3in which the garage component, other than the access drive, cannot be seen from any elevation. A 4partially wrapped parking structure is one in which the garage component extends above the habitable 5or leaseable space and can be seen from one (1) or more elevations. 6 WRECKED MOTOR VEHICLE 7- A motor vehicle defined as such by Section 10-50 of the in the 8City of Boynton Beach Code of Ordinances. 9 XERISCAPE 10- A set of landscape design and maintenance principles that promote good horticultural 11practice and the efficient use of water. The term Xeriscape is a registered trademark of the National 12Xeriscape Council and means water conservation through the use of drought tolerant landscaping or 13appropriate plant materials that do not require special attention and require little supplemental water to 14survive. Xeriscape designs do not resemble desert landscape but reflect the lush traditional appearance 15of Florida gardens. A landscaped treatment that substantially reduces irrigation demands by 16appropriate plant selection. 17 YACHTEL 18- A marina or dockage offering onshore overnight accommodations. 19 YARD 20- An open space on the same lot with a building unoccupied and unobstructed from ground 21upward, except by trees or shrubbery or as otherwise provided herein. 22 YARD AREA - 23Yard area: “Yard area” shall mean the front, side and rear yard areas as established 24and required under the comprehensive zoning code and the zoning district requirements as applicable 25thereto. 26 YARD SIGN 27- A temporary sign, not to exceed four (4) square feet, which identifies a safety feature 28related to the particular lot. 29 ZONING CODE 30- That portion or section of the Land Development Regulations that establishes or 31regulates, including but not limited to permitted or conditional uses, minimum lot standards and site 32regulations, building heights, accessory uses and structures, and non-conforming lots and uses. 33Chapters 2 and 2.5 of the Land Development Regulations as adopted by the City Commission. 34 ZONING DISTRICT - 35Any certain designated described area of the City of Boynton Beach to which 36these regulations apply and within which the zoning regulations are generally uniform. 37 ZONING DISTRICT, COMMERCIAL 38– See “CZD.” OMMERCIAL ONINGISTRICT 39 ZONING DISTRICT, CONVENTIONAL - 40See “CZD.” ONVENTIONALONINGISTRICT 41 ZONING DISTRICT, INDUSTRIAL – 42See “IZD.” NDUSTRIALONINGISTRICT 43 ZONING DISTRICT, MISCELLANEOUS 44– See “MZD.” ISCELLANEOUS ONINGISTRICT 45 ZONING DISTRICT, MIXED USE – 46See “MUZD.” IXEDSEONINGISTRICT 47 ZONING DISTRICT, PLANNED – 48See “PZD.” LANNEDONINGISTRICT October 27, 2010 100 DEFINITIONS 1 ZONING DISTRICT, RESIDENTIAL 2– See “RZD.” ESIDENTIALONINGISTRICT 3 4(Ord. No. 95-24,§ 1, 8-15-95; Ord. No. 96-28,§ 1, 4-16-96; Ord. No. 96-49,§ 4, 1-21-97; Ord. No. 97- 504,§ 1, 2-18-97; Ord. No. 98-04,§ 1, 1-20-98; Ord. No. 98-31,§ 1, 8-4-98; Ord. No. 99-24,§ 1, 9-7- 699; Ord. No. 00-55,§ 2, 10-17-00; Ord. No. 00-77,§ 2, 1-2-01; Ord. No. 01-45,§ 2, 8-7-01; Ord. No. 701-50,§ 2, 12-4-01; Ord. No. 02-010,§ 2, 3-19-02; Ord. No. 02-033,§§ 2-4, 8-20-02; Ord. No. 03- 8010,§ 2, 4-1-03; Ord. No. 03-016,§ 2, 5-20-03; Ord. No. 03-018,§§ 1-3, 6-3-03; Ord. No. 03-034,§ 2, 96-17-03; Ord. No. 03-062,§ 2, 12-16-03; Ord. No. 04-079,§ 2, 10-19-04); Ord. 06-096,§ 2,1-2-07) 10 11 12 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 1 General Administration\Final\Article II Definitions (graphics).doc 13 October 27, 2010 101 RELATIONSHIP TO COMPREHENSIVE PLAN ARTICLE III. RELATIONSHIP TO COMPREHENSIVE PLAN 1 2 Section 1. Authority. 3 4 5The City of Boynton Beach Comprehensive Plan, hereinafter referred to as the “Plan” as 6amended, has been adopted in compliance with, and pursuant to, the Local Government 7Comprehensive Planning and Land Development Regulation Act, Section 163.3161, et.seq., 8Florida Statutes, and Chapter 9J-5, Florida Administrative Code. Authority. 9Ordinance No. 89-38 is adopted in compliance with, and pursuant to, the Local Government 10Comprehensive Planning and Land Development Regulation Act. Section 163.3184, et.seq., 11Florida Statutes, and Chapter 9J-5, Florida Administrative Code. 12 Section 2. Contents. 13 14 15The Plan consists of the following elements: Future Land Use, Housing, Utilities (which 16includes the sub-elements of Sanitary Sewer, Potable Water, Solid Waste, Drainage and Natural 17Groundwater Aquifer Recharge), Conservation, Recreation and Open Space, Traffic 18Circulation, Coastal Management, Intergovernmental Coordination and Capital Improvement. 19 20All background data, studies, surveys, economic assumptions, analysis and inventory maps that 21are utilized in the formulation of the Plan but not adopted as part of the Plan shall be compiled 22into support document(s). These document(s) shall be maintained as official public record and 23available to the public for inspection. 24 25Adoption; elements. Pursuant to the Local Government Comprehensive Planning and Land 26Development Regulations Act, Section 163.3184, et seq., Florida Statutes, the City of Boynton 27Beach hereby adopts the 1989 Comprehensive Plan of this city, consisting of the following 28elements; Future Land Use, Housing, Utilities (which includes the sub-elements of Sanitary 29Sewer, Potable Water, Solid Waste, Drainage and Natural Groundwater Aquifer Recharge), 30Conservation, Recreation and Open Space, Traffic Circulation, Coastal Management, 31Intergovernmental Coordination and Capital Improvement. 32 Section 3. Purpose and Intent. 33 34 35These land development regulations are adopted to implement the objectives and policies of the 36Plan. It is the purpose and intent of the Plan and the land development regulations to encourage 37the most appropriate use of land, water, and other resources consistent with the public interest, 38and to adequately plan for and guide growth and development within the City. 39 40Nothing in this Plan, or in the land development regulations adopted consistent with its 41requirements shall be construed or applied to as to result in an unconstitutional temporary or 42permanent taking of private property or the abrogation of validly existing vested rights. 43 44It is hereby declared that the purpose of such ordinance is to preserve and enhance the existing 45quality of life; encourage the most appropriate use of land, water and resources consistent with 46the public interest; address current problems which have occurred because of the use and 47development of land; and deal effectively with future problems which may occur as a result of 48the use and development of land. Through the implementation of the 1989 Comprehensive Plan June 9, 2010 1 RELATIONSHIP TO COMPREHENSIVE PLAN 1and those elements adopted herein by Ordinance No. 89-38, it is the intent of the City 2Commission of the City of Boynton Beach, Florida, to preserve, promote, protect and improve 3the public health, safety, comfort, good order, appearance, convenience, law enforcement and 4fire prevention, and general welfare; to prevent the overcrowding of land and to avoid undue 5concentration of populations; to minimize urban sprawl; to encourage the development and 6redevelopment of the coastal community; to ensure that the existing rights of property owners 7be preserved in accord with the Constitutions of the State of Florida and of the United States; to 8plan for and guide growth and development within the city by providing greater specificity and 9certainty in the land planning process, by preparing a financially feasible plan, by establishing a 10concurrency management system, by providing for appropriate minimum levels of service for 11the necessary public facilities to accommodate existing populations and future growth, by 12coordinating local decisions relating to growth and development, and by ensuring consistency 13with the state, regional and county comprehensive plans. 14 15The provisions of the elements adopted by Ordinance No. 89-38 are declared to be the 16minimum requirements necessary to accomplish the aforesaid stated intent, purpose and 17objectives of the ordinance; and they are declared to be the minimum requirements to maintain, 18through orderly growth and development, the character and stability of present and future land 19use and development in this city. Nothing in this plan is to be construed to limit the powers and 20authority of the City Commission of the City of Boynton Beach to enact ordinances, rules or 21regulations that are more restrictive than the provisions of this plan. 22 23Nothing in this comprehensive plan, or in the land development regulations adopted consistent 24with its requirements shall be construed or applied to as to result in an unconstitutional 25temporary or permanent taking of private property or the abrogation of validly existing vested 26rights. 27 Section 4. Preemption. 28 29 30In the event that the Plan is more restrictive than existing development regulations, the 31provisions of the Plan shall prevail. 32 33Preemption. In the event that the 1989 Comprehensive Plan is more restrictive than existing 34development regulations, the provisions of the 1989 comprehensive Plan shall prevail. 35 36Nothing in this plan is to be construed to limit the powers and authority of the City Commission 37of the City of Boynton Beach to enact ordinances, rules or regulations that are more restrictive 38than the provisions of this plan. 39 Section 5. Future Land Use Map (FLUM). 40 41 A. Adoption. 42 The designation boundaries hereinafter set forth and delineated on 43the future land use map, including all explanatory matter thereon, is hereby adopted. 44The future land use map shall be maintained as a digital format GIS document. The 45most recent version of the land use map shall be kept on file, in printed form, in the 46office of the City Clerk. 47 June 9, 2010 2 RELATIONSHIP TO COMPREHENSIVE PLAN 1The designation boundaries hereinafter set forth and delineated on the future land use 2map, including all explanatory matter thereon, is hereby adopted. The future land use 3map shall be maintained as a digital format GIS document. The most recent version of 4the land use map shall be kept on file, in printed form, in the office of the City Clerk. 5 B. FLUM Classifications and Corresponding Zoning Districts (Table 1-1). 6 7 The following table shows the Future Land Use Map classifications and their : 8corresponding zoning districts 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26See next page 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 June 9, 2010 3 RELATIONSHIP TO COMPREHENSIVE PLAN Future Land Use Map (FLUM) Classification (including maximum dwelling units per acre) Zoning Districts R-1-AAB 5 R-1-AA 5.5 R-1-A 6 R-1 7.5 R-2 10 R-3 IPUD PUD MHPD C-1 C-2 C-3 C-4 CBD PCD SMU MU-L1 20 MU-L2 MU-L3 MU-H M-1 PID REC PU 1 2 LDR: Low Density Residential MXS: Mixed Use Suburban MoDR: Moderate Density Residential MX: Mixed Use MeDR: Medium Density Residential MX-C: Mixed Use Core High Density Residential I: Industrial HDR: SHDR: Special High Density Residential R: Recreation Office CommercialPPGI: Public & Private Government / Institutional OC: LRC: Local Retail Commercial DRI: Development of Regional Impact General Commercial GC: 3 4 5 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 1 General Administration\Final\Article III Comprehensive Plan.doc June 9, 2010 4 REDEVELOPMENT PLANS ARTICLE IV. REDEVELOPMENT PLANS 1 2 Section 1. General. 3 4 A. Purpose and Intent. 5 The City’s land development regulations are intended to 6further the goals, objectives, guidelines, and recommendations of the adopted 7redevelopment plans. 8 B.Identification of City’s Redevelopment Plans. 9Each redevelopment plan 10approved by the City Commission is hereby adopted by reference in these land 11development regulations and identified as the following: 12 1. 13Federal Highway Corridor Community Redevelopment Plan; 14 2. 15 Heart of Boynton Community Redevelopment Plan; 16 3. 17 Ocean District Community Redevelopment Plan; and 18 4. 19 Downtown Vision and Master Plan. 20 Section 2. Compliance with Redevelopment Plans. 21All new development and 22redevelopment shall comply with the performance and development standards contained in the 23LDR, as well as with any technical codes or requirements adopted by the City. Furthermore, 24each project shall be reviewed for consistency with the applicable redevelopment plan, and 25certain restrictions or recommendations may be imposed to further the purpose and intent or 26vision of the redevelopment plan. 27 Section 3. Amendments to Land Development Regulations. 28 Subsequent amendments to 29the land development regulations shall consider impact to, and consistency with the respective 30redevelopment plan. 31 32Article VII.Sec. 16.Adoption of plan; Applicability. 33A.The City Commission hereby adopts the Federal Highway Corridor Community 34Redevelopment Plan, prepared by Michele Mellgren and Associates, Inc., dated April 3, 2001. 35B.The Federal Highway Corridor Community Redevelopment Plan constitutes a partial 36update of the existing 1983 CRA Redevelopment Plan. 37(Ord. No. 01-20,§§ 1, 2, 5-15-01) 38Sec. 17.Conflicting ordinances. 39All laws and ordinances in conflict with any provisions of this article are hereby repealed. 40(Ord. No. 01-20,§ 3, 5-15-01) 41Sec. 18.Severability. June 14, 2010 1 REDEVELOPMENT PLANS 1Should any section or provision of this article or any portion thereof be declared by a court 2of competent jurisdiction to be invalid, such decision shall not affect the remainder of this 3article. 4(Ord. No. 01-20,§ 4, 5-15-01) 5Sec. 19.Effective date. 6This article shall become effective immediately upon passage. 7(Ord. No. 01-20,§ 5, 5-15-01) 8 9 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 1 General Administration\Final\Article IV Redevelopment Plans.doc June 14, 2010 2 HOUSING INITIATIVES ARTICLE V. HOUSING INITIATIVES 1 2 Section 1. State Housing Initiatives Partnership Act. 3 4 A. General. 5 6 1. Short Title. 7This section shall hereafter be known and may be cited as 8the “Act.” Section 3. Local Housing Assistance Program. A. The 9“WHEREAS” clauses of Ordinance No. 097-11 are hereby ratified and 10confirmed as being true and correct and are hereby made a special part of this 11section. 12 2. Purpose and Intent. 13 The purpose of this section is to implement 14the Act, whose intent includes but is not limited to the following: C. 15Legislative intent. The purpose of this section is to implement: chapter is to 16implement the Act; including, without the limitation, the following: 17 a.Increase Availability. 18 To increase the availability of 19affordable housing by combining local resources and cost saving 20measures, as applicable, and by using private and public resources to 21reduce the cost of housing; 22 b. Efficient Use of Land. 23To promote more compact urban 24development, and to assist in achieving the growth management goals 25contained in the adopted local comprehensive plan by allowing more 26efficient use of land so as to provide housing units that are more 27affordable; 28 c.Integration. 29 To establish a strong sense of community through 30increased social and economic integration; 31 d.Community-based Organizations. 32 To build the organizational 33and technical capacity of community-based organizations so as to 34optimize the role of community-based organizations in the production of 35affordable housing; 36 e. Innovative Design 37. To promote innovative design of eligible 38housing, and its supporting infrastructure, to provide for cost savings in 39the provision of such housing; and 40 f. Expedited Review. 41 To promote expedited permit processing 42systems for affordable housing. 43 3. Definitions. 44For the purposes of this section, definitions contained in 45the Act are adopted herein by reference. B. Definitions. For the purposes 46of this section, the definitions contained in the State Housing Initiatives 47Partnership Act hereinafter “the Act,” Sections 420.907 et seq., Florida Statutes, October 26, 2010 1 HOUSING INITIATIVES 1and Chapter 9I-37 of the Florida Administrative Code, as amended from time to 2time, are adopted herein by reference. 3 B. Local Housing Assistance Program. 4 5 1. General. 6 D. Establishment of Local Housing Assistance 7Program. There is hereby created and established a local housing assistance 8program, hereinafter referred to as the “Program” (“Program”) by the City of 9Boynton Beach, to be implemented and administered by the City. The City shall 10implement the Program, within the City, consistently with the requirements of 11the Act. The City’s Community Redevelopment Department shall be 12responsible for administration of the local assistance program. 13 2. Provisions. 14 E. Special provisions. The City hereby indicates 15that five (5%) percent of the funding to be used for administration of the 16program is insufficient, and therefore elects to utilize 10% ten (10%) percent of 17the funding for administration purposes. 18 C. Affordable Housing Assistance Trust Fund. 19 F. Establishment of 20Affordable Housing Assistance Trust Fund. Pursuant to the requirements of the Act, the 21City agrees to establish an affordable housing trust fund (“Fund”) within the official and 22fiscal accounting records of the City. All monies deposited in the fund shall be subject 23to the requirements of the Act and this section. The City shall cause the Fund to be 24audited, and shall report the results of such audit as required by the Act. 25 D. Citizens Advisory Committee. 26 G. Creation of Citizens Advisory 27Committee. This section shall cause the creation of a Citizens Advisory Committee to 28act in the role of the Affordable Housing Advisory Committee, as required by the Act. 29The composition and function of the Committee shall be in accordance with the 30requirements of the Act. 31 E. Affordable Housing Incentive Plan (HIP). 32The City will, within one (1) 33year of adoption of Ordinance No. 97-11, adopt a HIP as required by Florida Statutes. 34The HIP may be amended from time to time and shall include but not be limited to the 35following: 36 1. Art in Public Places Fee Exemptions. 37 Pursuant to Part II Code of 38Ordinances, Chapter 2, Article XII, the following types of projects are exempt 39from the payment of the public art fee: 40 a. 41 The percent of the project dedicated to affordable housing as 42defined by the City of Boynton Beach. 43 b. 44 Single-family and two-family in-fill housing. 45 2. Expedited Review. 46 Pursuant to Chapter 2, Article I, Section 4.A.3, 47residential developments that provide affordable housing and workforce housing October 26, 2010 2 HOUSING INITIATIVES 1units, as defined in the City's Workforce Housing Ordinance, shall be afforded 2expedited reviews for site plans, building permit applications, and required 3inspections. H. Adoption of the Affordable Housing Incentive Plan. The 4City will, within one (1) year of adoption of Ordinance No. 97-11, adopt a 5Housing Incentive Plan as required by Florida Statutes. (Ord. No. 97-11, §§ 1- 68, 5-6-97; Ord. No. 97-21, § 1, 6-17-97) 7 FAffordable Housing Cost Impact Review. 8. To prevent or mitigate 9unintended negative impacts of amendments to these land development regulations on 10the cost of affordable housing, prior to the adoption of any amendment the planning 11staff will review a potential for such an impact and provide recommendations to the City 12Commission. As part of the subject review, staff will coordinate with the Community 13Improvement Division and, if appropriate, consult with the outside agencies promoting 14affordable housing, or any other entities in order to obtain relevant information. 15 16 Section 2. Workforce Housing Program. 17 18 A.Findings. 19Sec. 1. FINDINGS 20 1. Housing Shortage. 21 The City Commission having conducted a 22Housing Needs Assessment (Attachment A) has determined that there is a 23housing shortage within the City of Bovnton Beach that is affordable to the 24everyday working families and citizens of the City; and 25 2. Florida Statutes. 26 Florida Statutes 166.04151 provides that a 27municipality may adopt and maintain any ordinance that is adopted for the 28purpose of increasing the supply of workforce housing using land use 29mechanisms not withstanding any other provision of law; and 30 3. Housing Cost / Wage Gap. 31 The City Commission recognizes that there 32is a growing gap between housing costs and wages in the City; and 33 4. Public Interest. 34 The City of Boynton Beach has a legitimate public 35interest in preserving the character and quality of neighborhoods which requires 36assuring the availability of workforce housing for low and moderate income 37persons in the City; and 38 5. Sense of Community. 39 The City recognizes that the need to 40provide workforce housing is critical to maintaining a diversified and 41sustainable City having the character and sense of community where people can 42live and work in the same area; and 43 6. Housing Availability. 44 The City is encouraging the production and 45availability of workforce housing and at the same time is cognizant that 46escalating land costs and rapidly diminishing amounts of land hinder the 47provision of sufficient workforce dwelling units by the private sector. October 26, 2010 3 HOUSING INITIATIVES 1 2DEFINITIONS 3 4a. Median Household Income (MHI) - The Palm Beach County Median 5Household Income, adiusted for family size, as published by the Department of 6Housing and Urban Development (RUD). 7 8b. Affordability Controls - Restrictions placed on Workforce Housing 9Units by which the price of such units and/or the income of the 10purchaser or lessee will be restricted in order to ensure that the units 11remain affordable to low and moderate income households. 12 13c. Affordability Term - The time a workforce housing unit is required to 14remain affordable to income Qualified buyers or renters. 15 16d. Boynton Beach Housing Trust - A trust created as a depository for in- 17lieu of payments, donated land, or housing units for the purpose of 18providing Workforce Housing Units. 19 B.Applicability 20. Sec. 3. APPLICABILITY Except as otherwise provided in 21this ordinance, these regulations shall apply to development applications consistent with 22the following conditions: 23 1. 24 A. Developments with a residential component for which any land 25use and / or zoning category permitting permitted the density in excess of 10 26dwelling units per acre is applied, including the requests for planned 27development districts in cases where the desired Future Land Use classification 28is already in place and allows such densities; 29 2. 30 B. Major modification of a development site plan if (1) the previous 31approval includes a density as described in Section 2.B.1 above condition A of 32this section; and (2) such modification proposes more housing units than 33previously approved; and (3) the previous development approval was granted 34after April 3, 2007; in such a case, these regulations will apply to additional 35units only; and 36 3. 37 C. Developments whose previous approval was consistent with 38Section 2.B.1 above condition A of this section. 39 C.Provisions. 40 Sec. 4. PROVISION OF WORKFORCE HOUSING UNITS 41Developers may be entitled the requested higher density land use and zoning category if 42providing Workforce Housing Units as stated below, subject to the limits and 43requirements of this article chapter. 44 1. Eligibility Criteria. 45 a. To be eligible for the requested higher 46density land use, the following percentage of Workforce Housing Units must be 47incorporated into the Development: October 26, 2010 4 HOUSING INITIATIVES 1 a.High and Special High Density Residential 2 i.- Twenty 3percent (20%) of the total number of proposed residential units in the 4Development shall be designated as Workforce Housing Units. 5 b.Mixed-Use 6 ii. - Fifteen percent (15%) of the total number of 7proposed residential units in the Development shall be designated as 8Workforce Housing Units. 9 c.Mixed Use Core 10 iii. - Ten percent (10%) of the total number 11of proposed residential units in the Development shall be designated as 12Workforce Housing Units. 13 d.Land Use, Zoning, and Density (Table 1-2). 14 15 Maximum Land Use ClassificationZoning Districts Density High Density ResidentialPlanned Unit Development (PUD)11 du / acre Infill Planned Unit Development (PUD)11 du / acre Special High Density Residential Planned Unit Development (PUD)20 du / acre (SHDR) Infill Planned Unit Development (PUD)20 du / acre Mixed Use-Core (MXC)Mixed Use-High Intensity (MU-H) 80 du / acre Mixed Use (MX)Mixed Use-Low Intensity 1 (MU-L1)20 du / acre Mixed Use-Low Intensity 2 (MU-L2)30 du / acre Mixed Use-Low Intensity 3 (MU-L3)40 du / acre 16 TABLE 1 17 LAND USE CLASSIFICATION ZONING DISTRICTS MAXIMUM DENSITY High Density Residential PUD10.8 dwelling units/acre IPUD10.8 dwelling units/acre Special High Residential (SHR) PUD20 dwelling units/acre IPUD20 dwelling units/acre Mixed Use-Core (MXC) Mixed Use-High 80 dwelling units/acre Mixed Use (MX)Mixed Use Low-120 dwelling units/acre Mixed Use Low-230 dwelling units/acre Mixed Use Low-340 dwelling units/acre 18 October 26, 2010 5 HOUSING INITIATIVES 2. Household (Income) Type. 1 b. Twenty-five percent (25%) of the 2total required Workforce Housing Units shall be set aside for Low Income 3households. Seventy-five percent (75%) of the total required Workforce 4Housing Units shall be set aside for Moderate Income households. 5 3. Fractions. 6 c. If the required number of Workforce Housing 7Units results in a fractional remainder greater than 0.50, the number shall be 8rounded up. If the required number of Workforce Housing Units results in a 9fractional number less than 0.50, the number shall be rounded down. 10 4. Number of Units. 11 d. The workforce housing units provided 12shall have the same percentage of unit types as market rate units within the 13development unless a contrasting unit type is intended to address particular 14needs existing within the community at the time of approval and substantiated 15by written evidence such as related reports or data. If the application involves a 16major modification of an existing development, only the additional units are 17used in determining the required unit mix. 18 5. Unit Size and Construction. 19 e. All units shall meet the 20requirements for unit size and construction as specified in this chapter and meet 21all required Land Development Regulations and applicable building codes. 22 6. Staff Approval. 23 f. At the time of application for Land Use 24classification amendment and rezoning category change the project must be 25reviewed and signed off by the Community Improvement Division of the City as 26part of the site plan approval process for compliance with affordability 27guidelines and number of units qualifying as Workforce. 28 7. Site Plan. 29 g. The site plan shall clearly identify the location of 30Workforce Housing Units. Additionally, tabular data must be included on the 31site plan showing the address or unit number, total number of units, number of 32bedrooms of Workforce Housing Units and the targeted income levels. This 33shall be included with the market rate data. 34 Sale Restrictions. 358. h. Workforce Housing Units shall include 36those units in a Development, which are regulated in terms of: 37 a. 38 i. Initial sales price or rent levels; and 39 b. 40 ii. Subsequent resale prices or leasing rates. 41 c. 42 iii. If compliance with a land development standard would 43preclude construction of a residential or mixed-use development in 44which Workforce Housing Units are included, pursuant to this Chapter, 45the applicant may submit a proposal for waiver or reduction of the 46development standard. The applicant shall show that the waiver or 47reduction of the development standard is necessary to make the October 26, 2010 6 HOUSING INITIATIVES 1Workforce Housing Units economically feasible and that such a waiver 2will not compromise any of the City's life or safety standards. 3 9. Recording the Restrictive Covenant. 4 i. Prior to the issuance 5of any building permit, the Restrictive Covenant and Agreement shall be 6recorded in the public records of Palm Beach County. The term of the 7Restrictive Covenant shall be 30 years thirty (30) years. A copy of the recorded 8Covenant and Agreement shall be provided to the City prior to the issuance of 9the building permit. 10 D. Off-site Options. 11 Sec. 5. OFF-SITE OPTIONS. Developers are required to 12include Workforce Housing Units in any Development in which Special High Density 13Residential, Mixed-Use or Mixed-Use Core land use is requested. However, in the case 14of developments in which 80% of the residential unit sales prices will exceed $500,000, 15paving a fee in lieu of creating the Workforce Housing Units on site donating land, 16purchasing and donating market rate units or building off site for the required number of 17Workforce Housing Units may be permitted at the recommendation of the Community 18Improvement Department. 19 20In any case where Off-Site Options are permitted, 25% wenty-five percent (25%) of the 21total required Workforce Housing Units shall be built on-site of the subject 22Development. Off-site Options are not applicable to rental Developments. All required 23Workforce Housing Units must be constructed within the subject Development. 24 1.Payment In-Lieu (Table 1-3). 25 iPayment in-lieu Contribute 26the per unit price listed in Table below to the Boynton Beach Housing Trust to 27be utilized subsidize the creation of Workforce Housing within the City In-lieu 28of fees shall be paid in full prior to the issuance of building permit. 29 Payment In Lieu for Creating Required Workforce Housing Units ( per unit required) One Bedroom $ 60,000 Two Bedroom $ 80,000 Three+ Bedroom $ 100,000 30 TABLE 2 PAYMENT IN LIEU FOR CREATING REQUIRED WORKFORCE HOUSING UNITS (per unit required) One Bedroom $60,000 Two Bedroom $80,000 October 26, 2010 7 HOUSING INITIATIVES Three+ Bedroom $100,000 1 2.Donate Land. 2 ii. Donate land (buildable residential parcels) within the 3City limits to be used for Workforce Housing.The value of the land shall equal 4or exceed the total "in lieu of' fee for all required workforce units or shall be of 5sufficient size to develop the same number of required units. The value of the 6donated land must be verified by a MAI appraisal no more than three (3) months 7old. The appraisal shall be obtained by developer at developer's cost to verify 8the value of donated land. The land shall be deeded to the City prior to the 9issuance of a final Certificate of Occupancy for the Development. 10 3. Off-Site Construction 11. iii. Off-site Construction -The required 12Workforce Housing Units may be built off-site. All off-site Workforce Housing 13Units shall comply with all sections of this Ordinance. Building permits shall be 14issued for a minimum of 50-percent of the required Workforce Housing Units to 15be constructed off-site prior to the issuance of the first Certificate of Occupancy 16in the subject development. All off-site Workforce Housing Units must receive 17a Certificate of Occupancy prior to the issuance of more than 75-percent of the 18Certificate of Occupancies in the subject development. 19 4. Purchase Market Rate Units. 20 IV. Purchase Market Rate Units - 21Purchase an equivalent number of existing market rate units to be deeded to the 22City or sold to eligible households. Such units shall be deed restricted to 23comply with the Workforce Housing Ordinance. The developer may retain the 24title to off site units subject to recordation of a City approved deed restriction. 25A minimum of 50% -percent of the units must be purchased and deeded to the 26City or deed restricted prior to the issuance of the first Certificate of Occupancy 27in the subject Development. All Workforce housing Units shall be purchased 28and deeded to the City or deed restricted prior to issuance of more than 75% - 29percentof the Certificate of Occupancies in the subject Development. 30 E. Rental Housing Units. 31 Section 6.RENTAL HOUSING UNITS 32 1. Recording of the Restrictive Covenant. 33a. A Restrictive 34Covenant shall be recorded in the public records specifying the income level 35served, rent levels, reporting requirement and all restrictions applicable to the 36Workforce Housing Units. All leases on Workforce Housing Units shall contain 37language incorporating the Restrictive Covenant applicable to the Workforce 38Housing Units and shall reference the recorded Restrictive Covenant. The 39Restrictive Covenant shall remain in force for 30 years thirty (30) years. 40 2. Rental Rates. 41 42 a. 43 b. Units targeted to low income households at 50% to the 4480% of the Palm Beach County median income, adjusted for family size October 26, 2010 8 HOUSING INITIATIVES 1shall not have rental rates that exceed 100% of the HUD determined fair 2market rent for the area. 3 b. 4 c. Units targeted to moderate income households at 80% to 5the 120% of the Palm Beach County median income, adjusted for family 6size, shall not exceed 100% of the HUD determined fair market rent for 7the area. 8 3. Tenant Income Qualification 9. d. Tenant income 10Qualification records shall be maintained on site and a yearly report shall be 11forwarded to the Community Improvement Division of the City of Boynton 12Beach for compliance determination. 13 F. For-Sale Housing Units 14. Section 7.FOR SALE HOUSING UNITS 15 1. Restrictive Covenant. 16a. All deeds shall include the 17Restrictive Covenant applicable to Workforce Housing Units. All sales 18contracts shall state that the unit is part of a Workforce Housing Program and 19subject to Article X, Chapter 20 of the Land Development Regulations of the 2030) years. The City. The Restrictive Covenant shall remain in force for thirty ( 21form of deed for Workforce Housing Units shall be approved by the City 22attorney. 23 2. Resale. 24 b. The Restrictive Covenants shall state that during 25the affordability term, the resale of a Workforce Housing Unit shall be subject to 26the following resale requirements. 27 a. 28 i. All Workforce Housing Unit owners shall notify the City 29of Boynton Beach immediately that the unit is for sale. The City shall 30have first right of refusal to purchase the unit. Upon receipt of notice 31that a valid offer has been made on the unit, the City shall have fifteen 32(15) days to invoke its right of refusal to purchase the unites). 33 b. 34 ii. All Workforce Housing Units are to be resold only to 35Low or Moderate income qualified households at an attainable housing 36cost for each targeted income range. 37 3. Required Occupancy. 38 c. Purchasers of Workforce Housing 39Units shall be required to occupy the unit. 40 4. Closing Costs. 41 d. Closing costs and title insurance shall be 42paid pursuant to the custom and practice in Palm Beach County at the time of 43opening of escrow. No charges or fees shall be imposed by the seller on the 44purchaser of a Workforce Housing Unit which is in addition to or more than 45charges imposed upon purchasers of market rate units, except for administrative 46fees charged by the City/CRA, or their designee. 47 October 26, 2010 9 HOUSING INITIATIVES 5. Sales Price Calculations. 1 e. Sales prices for Workforce Housing 2Units will be calculated on the basis of: 3 a. 4 i. An available fixed-rate thirty-year mortgage, consistent 5with a "blended rate" for Palm Beach County banks, and/or the Florida 6Housing Finance Authority. A lower rate may be used in calculating 7workforce housing prices if the developer can guarantee the availability 8of fixed-rate thirty-year mortgage at this lower rate for all Workforce 9Housing Units required for the covered proiect; and 10 b. 11 ii. A down payment of no more than 10% (including any 12down payment assistance provided by SHIP or other sources) of the 13purchase price; and 14 c. 15 iii. A calculation of property taxes; and 16 d. 17 iv. A calculation of homeowner insurance, mortgage 18insurance, homeowner association fees, property management fees and 19other closing costs. 20 6.Compliance. 21 Prior to request for final Certificate of Occupancy for the 22development, the developer shall provide to the City's Community Improvement 23Department, or designee, documentation sufficient to demonstrate compliance 24with the Workforce Housing Program. Such documentation shall include but is 25not limited to information regarding the identity and income Qualification 26documentation for all occupants of the Workforce Housing Units, proof of 27recordation of Restrictive Covenant in approved form. 28 G.Resale Requirements. 29 Sec. 8. RESALE REQUIREMENTS To maintain 30the availability of Workforce Housing Units which may be constructed or substantially 31rehabilitated pursuant to the requirements of this program, the following resale 32conditions shall be imposed on the Workforce Housing Units and included in the deed 33and restrictive covenant recorded in the Public Records of Palm Beach County: 34 1.Location of Units. 35 a. All Workforce Housing Units constructed 36or substantially rehabilitated under this program shall be situated within the 37Development so as not to be in less desirable locations than market-rate units in 38the Development and shall, on average, be no less accessible to public 39amenities, such as open space, as the market-rate units. 40 2. Integration. 41 b. Workforce Housing Units within a Development 42shall be integrated with the rest of the Development and shall be compatible in 43exterior design and appearance, construction, and contain comparable HV AC 44systems as market rate units. 45 3. Number of Units. 46 c. The developer shall provide Workforce 47Housing Units that include unit types in the same proportion as the market rate October 26, 2010 10 HOUSING INITIATIVES 1housing units unless a contrasting unit type is intended to address particular 2needs existing within the community at the time of approval and substantiated 3by written evidence such as related reports or data. 4 a. 5 i. If the Development contains a mix of different types of 6units, (e.g. condominium, townhouse, detached, etc.), the proportion of 7Workforce Housing Units of each type to total Workforce Housing Units 8must be approximately the same as the proportion of market rate units of 9each type to total market rate units. 10 b. 11 ii. If the Development includes both for sale and for rent 12units, the proportion of for rent Workforce Housing Units to for sale 13Workforce Housing Units must not exceed the proportion of for rent 14market rate units to for sale market rate units. 15 c. 16 iii. The number of bedrooms per unit must be proportionate 17between Workforce and market rate units. 18 4. Construction Phasing. 19 d. The construction schedule for 20Workforce Housing Units shall be consistent with or precede the construction of 21market rate units. 22 5. Lot Premiums. 23 e. There shall be no lot premiums charged on 24the Workforce Housing Units. 25 6. Sales Price. 26 f. All required Workforce Housing Units shall be 27offered for sale or rent at an attainable housing cost for each of the targeted 28income ranges. 29 7. City Approval 30. f. The City of Boynton Beach, its successors 31and assigns may enforce the covenants. No amendments to the Restrictive 32Covenant shall be made unless by written instrument approved by the City. 33 H. Monitoring and Compliance. 34 Section 9. MONITORING AND 35COMPLIANCE 36 1. Qualified Buyers. 37 a. Final Approval Conditions: Final 38conditions of approval shall specify that the Workforce Housing Units are sold 39to buyers whose income does not exceed 120% of median household income for 40Palm Beach County as set by HUD. The conditions will also specify the 41requirements for reporting to the City's Community Improvement Division on 42buyer eligibility, housing prices, as well as any applicable requirement to record 43the Restrictive Covenant or to enforce resale restrictions. 44 2. Surety. 45b. At the time of request for final Certificate of 46Occupancy for the Development, if the Workforce Housing Units have not been 47sold to income Qualified persons, the developer shall deposit in the form of a October 26, 2010 11 HOUSING INITIATIVES 1surety bond, the amount equal to 110% of the applicable "in lieu" of fee to the 2City's Housing Trust Fund. Upon verification that the required number of 3Workforce Housing Units has been sold to income qualified persons, the surety 4will be released. 5 3. Enforcement. 6 c. The City may enforce the requirements of 7the Workforce Housing Ordinance through any cause of action available at law 8or equity, including but not limited to seeking specific performance, injunctive 9relief, rescission of any unauthorized sale or lease, during the term of the 10Restrictive Covenant. 11 4.Annual Report. 12 d. The Community Improvement Department 13shall submit an annual report to the City Commissioners indicating the status of 14the Workforce Housing Ordinance, including but not limited to the number of 15units created, leased and sold. 16 17 18 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 1 General Administration\Final\Article V Housing Initiatives.doc October 26, 2010 12 CONCURRENCY MANANAGEMENT SYSTEM ARTICLE VI. CONCURRENCY MANAGEMENT SYSTEM 1 2 Section 1. General. 3 4 A. Short Title. 5This article shall be known and cited as the “City Concurrency 6Management System.” 7 B. Purpose and Intent. 8This article is intended to implement and be consistent 9with the City of Boynton Beach Comprehensive Plan, in that land development activity 10shall not degrade the level of service (LOS) standards established in the City’s 11Comprehensive Plan for public facilities, and in that adequate public facilities are to be 12in place concurrent with new development. The Concurrency Management System 13(CMS) requires: 14 1.Inventory of Public Facilities and Capacities. 15 City staff shall 16maintain an inventory of existing public facilities for which Level of Service 17(LOS) Standards have been adopted and for which concurrency is to be 18determined. 19 2.Concurrency Review of Proposed Developments 20. Each development 21application must be reviewed to determine if adequate capacity is or will be 22available to serve the proposed development. 23 3.Schedule of Improvements to Public Facilities 24. The City shall ensure 25the implementation of improvements to public facilities to correct deficiencies 26or expand capacity to adequately serve existing and new development. The 27program will include capital projects in the City’s capital facilities budget and 28improvements required of new development. 29 C. Applicability. 30 31 1. Public Facilities / Services Subject to Concurrency Review. 32 33 Based on the LOS standards set forth in the adopted Comprehensive 34Plan, a concurrency determination shall be made for the following public 35facilities / services: 36 a. 37 Roadways, county and state; 38 b. 39 Roadways, local; 40 c. 41 Potable Water; 42 d. 43 Sanitary sewer; 44 e. 45 Solid Waste; 46 f. 47 Stormwater Drainage; October 27, 2010 1 CONCURRENCY MANANAGEMENT SYSTEM 1 g. 2 Parks; and 3 h. 4 Public School Facilities that are under the supervision of the 5School District of Palm Beach County. 6 2.Development Order Applications Subject to Concurrency Review. 7 8The following categories of development order applications shall undergo 9concurrency review: 10 a. 11 Master Plan / Site plan; 12 b. 13 Major Master Plan / Site Plan Modification involving increased 14intensity of development; and 15 c. 16 Single-family subdivision plat for more than three (3) lots. 17 D.Exemptions 18. The following type of development orders or permits are exempt 19from the concurrency requirements for public facilities: 20 1. 21One single-family home or duplex on an existing platted lot; 22 2 23. Replacement or modification of existing residential buildings or non- 24residential buildings, unless there is an increase in the number of units or 25increase in floor area or intensity of use; only the net increase will be subject 26to concurrency review; 27 3. 28 All development orders or permits approved prior to July 17, 1990; 29 4. 30 Development located within the area designated as a transportation 31concurrency exception area (TCEA) in the city's comprehensive plan (roads 32only); 33 5. 34 Development orders or permits applied for after November 7, 1989 and 35before February 1, 1990, and recorded on the Previous Approval Determination 36list pursuant to Article 12, the Palm Beach County Unified Land Development 37Code (state and county roads only); and 38 6. 39Development orders and permits determined to be otherwise fully vested 40by City Attorney and approved as such by the City Commission. 41 E. Long-Range Capacity Planning. 42 43 1. 44 Applications for Future Land Use Map (FLUM) amendments are subject 45to long-range capacity availability review. 46 October 27, 2010 2 CONCURRENCY MANANAGEMENT SYSTEM 2. 1 Any application to rezone to a planned zoning district requires a master 2plan in accordance with Chapter 2, Article II, Section 2.D.6, and such master 3plan shall be subject to concurrency review as required in Section 1.C.2 above. 4 3. 5 Any application to rezone to a conventional zoning district without a 6concurrent application for FLUM amendment is presumed vested and shall not 7be subject to long-range capacity availability review. 8 Section 2. Concurrency Review Requirements. 9 10 A. Findings. 11For all development subject to concurrency review, the following 12findings shall be established: 13 1. 14 The impacts created by the proposed development; 15 2. 16 Whether the public facilities covered under the CMS will be available 17concurrent with the impacts of new development at the adopted LOS; 18 3. 19 Facility(s) improvements or additions that are required to ensure the 20finding of concurrency; and 21 4. 22 The entity responsible for the implementation of all required facility(s) 23improvements or additions. 24 B.Minimum Requirements for Concurrency. 25 A development order shall 26only be issued if adequate levels of service are available for all types of public facilities 27/ services listed in Section 1.C.1 above.For these facilities, concurrency will be 28achieved if the following conditions are met: 29 1.Potable Water, Sanitary Sewer, Drainage, and Solid Waste. 30The 31applicant has complied with the requirement of Chapter 26, Section 26-34 32Capital Facilities Charges and Connection Charges of the Code of Ordinances, 33and: 34 a. 35 The necessary facilities and services exist at the time the 36development order application is being evaluated; or 37 b. 38 The development order is conditioned such that the necessary 39facilities and services will be in place when development impacts occur; 40or 41 c. 42 A development agreement guarantees that the necessary facilities 43and services will be in place when the development impacts occur. 44 2.Parks and Recreation. 45The applicant has complied with the 46requirements of the Park and Recreation Facilities Impact Fee ordinance, and: 47 October 27, 2010 3 CONCURRENCY MANANAGEMENT SYSTEM a. 1 The necessary facilities and services exist at the time the 2development order application is being evaluated; or 3 b. 4 The development order is conditioned such that the necessary 5facilities and services will be in place when development impacts occur; 6or 7 c. 8 A development agreement guarantees that the necessary facilities 9and services will be in place when the development impacts occur; or 10 d. 11 A development agreement guarantees that the adopted level of 12service standards will be maintained with new facilities. Completion of 13the new facilities must occur within one (1) year of the development 14order approval. 15 3.Roads. 16The applicant has complied with the requirements of Palm 17Beach County Traffic Performance Standards (TPS) ordinance, if applicable, 18and: 19 a. 20 The adopted LOS standards are maintained with existing public 21facilities at the time the development order application is being 22evaluated; or 23 b. 24 The development order is conditioned such that the adopted level 25of service standards will be maintained when development impacts 26occur; or 27 c. 28 A development agreement guarantees that the adopted level of 29service standards will be maintained when the development impacts 30occur. 31 Section 3. Concurrency Review Procedures. 32 33 A. Responsibility 34. The Planning and Zoning Division is responsible for 35coordination of the concurrency review as part of the development review process for 36all development order applications as listed in Section 1.C.2 above. The Building 37Division is responsible for the coordination of the concurrency review for single-family 38subdivision plats. 39 1.City-Owned Facilities. 40 The following departments or persons are 41responsible for evaluation of adequacy of existing and planned facilities with 42regard to concurrency: 43 a. 44 The Utilities Department shall evaluate potable water, sanitary 45sewer and public drainage system; 46 October 27, 2010 4 CONCURRENCY MANANAGEMENT SYSTEM b. 1 The Parks and Recreation Department shall evaluate recreation 2and open space; and 3 c. 4 The City Engineer shall evaluate local roads. 5 2.On-Site Drainage System. 6The Engineering Department shall evaluate 7private, on site drainage system. 8 3.Roads Under Jurisdiction of Palm Beach County. 9The Traffic 10Division of Palm Beach County shall review concurrency for compliance with 11the Traffic Performance Standards (TPS). No building permits may be issued 12by the City until the Traffic Division approves the analysis for traffic 13concurrency requirements. 14 4.Concurrency for Solid Waste Disposal. 15Concurrency for solid waste 16disposal shall be evidenced by the annual certification of availability of solid 17waste disposal capacity issued by the Palm Beach County Solid Waste 18Authority. 19 5.School Concurrency for Residential Developments. 20 The School 21District of Palm Beach County shall conduct a concurrency review for public 22school facilities. No building permits may be issued by the City until the School 23District issues a concurrency determination letter for subject development. 24 B.Capacity Availability Review for FLUM Amendments. 25Allland use 26amendment applications shall be subject to long-term capacity availability review for 27water, sewer and road facilities. Such reviews will be based on impacts for the most 28intensive uses permitted under the requested land use classification. 29 C.Demonstration of Compliance by Applicant 30. The burden of showing 31compliance with adopted LOS standards and meeting concurrency shall be that of the 32applicant. Applications for development approval shall provide sufficient and verifiable 33information showing compliance with these standards, and/or enabling the city to 34conduct the review for concurrency as detailed in this Article. The applicant will be 35directed to the appropriate staff to assist in the preparation of the necessary information. 36 Section 4. Concurrency Rights Reservation and Effective Period. 37 38 ACounty and State Roadways 39.. The Palm Beach County Traffic Division’s 40letter of compliance with the TPS ordinance shall constitute a certificate of concurrency, 41in that the capacity reservation shall expire on the build-out date listed in the letter. 42Upon its expiration, no permits shall be issued without submittal of a new letter of 43compliance from Palm Beach County. 44 BOther Facilities / Services. 45.Approved development order shall constitute a 46certificate of concurrency in that the capacity of public facilities upon which the October 27, 2010 5 CONCURRENCY MANANAGEMENT SYSTEM 1concurrency review was based shall be reserved for the life of the development order 2and shall expire upon its expiration. 3 Section 5.Proportionate Fair-Share Program. 4 5 A. Purpose and Intent. 6The purpose of this section is to establish a method 7whereby the impacts of development on transportation facilities can be mitigated by the 8cooperative efforts of the public and private sectors, to be known as the Proportionate 9Fair-Share Program, as required by and in a manner consistent with Florida Statutes as 10amended from time to time. B. Applicability. 11The Proportionate Fair-Share Program shall apply to all 12developments that fail to meet the standards of this article on a roadway within the City 13that is not the responsibility of Palm Beach County or the Florida Department of 14Transportation (FDOT). The Proportionate Fair-Share Program does not apply 15to Developments of Regional Impact (DRIs) using proportionate fair-share under 16Florida Statutes, projects exempted from this article, or for projects that received traffic 17concurrency approval prior to January 1, 2007. C. General Requirements. 18An applicant may choose to satisfy the 19transportation concurrency requirements by making a proportionate fair-share 20contribution, so long as each of the following requirements is met: 1. 21 The proposed development is consistent with the Comprehensive Plan 22and applicable land development regulations. 2. 23 The road improvement necessary to maintain the LOS for transportation 24is identified in the five (5)-year schedule of capital improvements in the Capital 25Improvement Element (CIE) of the Comprehensive Plan. 3. 26 Any improvement project proposed to meet the developer's fair-share 27obligation shall meet the City's design standards for locally maintained 28roadways. D. Intergovernmental Coordination. 29Pursuant to policies in the 30Intergovernmental Coordination Element of the Comprehensive Plan, the City shall 31coordinate with Palm Beach County and other affected jurisdictions, such as FDOT, 32regarding mitigation to non-City thoroughfare roads impacted by developments located 33within the City and applying for proportionate fair-share mitigation. An interlocal 34agreement may be established with other affected jurisdictions for this purpose. E. Application Process. 35 1. 36 In the event of a lack of capacity, the applicant shall have the 37opportunity to satisfy transportation concurrency requirements through the 38Proportionate Fair-Share Program subject to the requirements of Section 5.C 39above. October 27, 2010 6 CONCURRENCY MANANAGEMENT SYSTEM 2. 1Eligible applicants shall submit the application for review by the City 2Engineer, who within 14 working days, will certify that the application is 3sufficient and complete. If an application is determined to be insufficient, 4incomplete, or inconsistent with the general requirements of the Proportionate 5Fair-Share Program as indicated in Section 5.C above, then the applicant will be 6notified in writing of the reasons for such deficiencies. If such deficiencies are 7not remedied by the applicant within 30 days of receipt of the written 8notification, then the application will be deemed withdrawn. 3. 9Pursuant to Florida Statutes, as amended from time to time, proposed 10proportionate fair-share mitigation for development impacts to facilities on the 11SIS requires the concurrency of the FDOT. The applicant shall submit evidence 12of an agreement between the applicant and the FDOT for inclusion in the 13proportionate fair-share agreement. 4. 14When an application is deemed sufficient and complete, the applicant 15shall be advised in writing and a proposed proportionate fair-share obligation 16and binding agreement prepared by the city shall be executed by the applicant 17and delivered to the appropriate parties for review, including a copy to the 18FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no 19later than 60 days from the date at which the applicant received the notification 20of a sufficient and complete application. If the agreement is not received by the 21City within these 60 days, then the application will be deemed withdrawn. 5. 22No proportionate fair-share agreement will be effective until approved 23by the City through an administrative approval. E. Determining Proportionate Fair-Share Obligation. 24 1. 25Proportionate fair-share mitigation for transportation concurrency 26impacts may include, without limitation, separately or collectively, private 27funds, contributions of land, and construction and contribution of facilities. 2. 28 A development eligible for participation under the Proportionate Fair- 29Share Program shall not be required to pay more than its proportionate fair- 30share. The fair market value of the proportionate fair-share mitigation for the 31impacted facilities shall not differ regardless of the method of mitigation. 3. 32The methodology used to calculate a development's proportionate fair- 33share obligation shall be as provided for in Florida Statutes: a. 34The cumulative number of trips from the proposed development 35expected to reach roadways during peak hours from the complete build 36out of a stage or phase being approved, divided by the change in the 37peak hour maximum service volume (MSV) of roadways resulting from 38construction of an improvement necessary to maintain the adopted LOS, 39multiplied by the construction cost, at the time of developer payment, of 40the improvement necessary to maintain the adopted LOS. 41Mathematically stated as: October 27, 2010 7 CONCURRENCY MANANAGEMENT SYSTEM 1Proportionate Fair-Share = [[(Development Trips [[2289,269,2414,326][12][,,][Times New Roman]])/(SV i 2Increase)] x Cost] ii 3Where: 4Development Trips = Those trips from the stage or phase of i 5development under review that are assigned to roadway segment 6"i" and have triggered a deficiency per the city's concurrency 7management system; SV Increase = Service volume increase i 8provided by the eligible improvement to roadway segment "i" 9per Section 5.C above; 10Cost = Adjusted cost of the improvement to segment "i". Cost i 11shall include all improvements and associated costs, such as 12design, right-of-way acquisition, planning, engineering review, 13inspection, administration, and physical development costs 14directly associated with construction at the anticipated cost, 15including contingencies, in the year it will be incurred. 4. 16 For the purposes of determining proportionate fair-share obligations, the 17City Engineer shall determine improvement costs based upon the actual and / or 18anticipated cost of the improvement in the year that construction will occur. F. Proportionate Fair-Share Agreements. 19 1. 20 Upon execution of a proportionate fair-share agreement ("agreement"), 21the applicant shall receive a letter of concurrency approval. Should the 22applicant fail to apply for a development permit within one (1) year, then the 23agreement shall be considered null and void, and the applicant shall be required 24to reapply, unless the city and the applicant mutually agree to an extension. 2. 25 Payment of the proportionate fair-share contribution is due in full no 26later than issuance of the first building permit, and shall be non-refundable. If 27the payment is submitted more than 90 days from the date of execution of the 28agreement, then the proportionate fair-share cost shall be recalculated at the time 29of payment, pursuant to Section 5.E above and adjusted accordingly. 3. 30 In the event an agreement requires the applicant to pay or build 100% of 31one (1) or more road improvements, all such improvements shall be commenced 32prior to issuance of a building permit and assured by a binding agreement that is 33accompanied by a performance security, as determined by the City, which is 34sufficient to ensure the completion of all required improvements. 4. 35 Dedication of necessary rights-of-way for facility improvements 36pursuant to a proportionate fair-share agreement shall be completed prior to 37issuance of the first building permit. 5. 38 Any requested change to a development subsequent to the issuance of a 39development order may be subject to additional proportionate fair-share October 27, 2010 8 CONCURRENCY MANANAGEMENT SYSTEM 1contributions to the extent the change would generate additional traffic that 2would require additional mitigation. 6. 3 Applicants may submit a letter to withdraw from the proportionate fair- 4share agreement at any time prior to the execution of the agreement. The 5application fee and any associated advertising costs paid to the City will be 6nonrefundable. G. Appropriation of Fair-Share Revenues. 7 1. 8 Proportionate fair-share revenues shall be placed in the appropriate 9project account for funding of scheduled improvements in the CIE, or as 10otherwise established in the terms of the proportionate fair-share agreement. 11Proportionate fair-share revenues may be used as the 50% local match for 12funding under the FDOT TRIP, or any other matching requirement for state and 13federal grant programs as may be allowed by law. 2. 14 In the event a scheduled facility improvement is removed from the CIE, 15then the revenues collected for its construction may be applied toward the 16construction of another improvement within the city that would mitigate the 17impacts of development pursuant to the requirements of Section 5.C above. 18 19ARTICLE VI. CONCURRENCY REQUIREMENTS 20Section 1. Short title, authority, intent and purpose. 21 A. Short title. This article shall be known and cited as the “Boynton Beach Concurrency 22Management Ordinance.” 23 24 B. Authority. This article is adopted pursuant to the authority granted to municipalities under 25Article VIII, Section 2, Florida Constitution, Chapter 163, Florida Statutes, Rule 9J-5 and Rule 9J- 265.0055, Florida Administrative Code, and the City of Boynton Beach Charter, which establish the right 27and power of municipal corporations to provide for the health, welfare, economic order, aesthetics, 28interest, safety and convenience of existing and future residents, employees, visitors, property owners 29and businesses within the city by enacting and enforcing, among other things, a comprehensive plan, 30zoning and subdivision regulations, and other land development regulations. 31 32 C. Intent and purpose. This article is intended to implement and be consistent with the City of 33Boynton Beach Comprehensive Plan, Chapter 163 Florida Statutes, and Rule 9J-5 and Rule 9J-5.0055, 34Florida Administrative code, in order to ensure that public facilities are available to serve development 35projects, as well as all other persons and land uses within the city, consistent with the levels of service 36which are adopted in the city's comprehensive plan. 37 38Section 2. Applicability. 39 A. Generally. Unless otherwise provided for in this article, the requirements of this article shall 40apply to all development orders or permits submitted after the effective date, within the city, with 41respect to maintaining the adopted level of service for potable water, sanitary sewer, drainage, solid 42waste, recreation, parks and road facilities. 43 October 27, 2010 9 CONCURRENCY MANANAGEMENT SYSTEM 1 B. Palm Beach County Traffic Performance Standards Ordinance. The Palm Beach County 2Traffic Performance Standards Ordinance shall supersede this article in the case of all conflicts of such 3ordinance with this article, including conflicts where the Palm Beach County Traffic Performance 4Standards Ordinance would be less restrictive than this article. 5 6 C. Maintaining levels of service in portions of water or sewer service areas outside of city. For 7the purpose of maintaining the adopted levels of service in those portions of the water or sewer service 8areas for which the city provides such facilities, this article shall apply, as appropriate, if a 9determination of concurrency or similar action with respect to potable water or sanitary sewer facilities 10is either required by or requested from another local government. The city may enter into an agreement 11with any such local government with respect to the administration or enforcement of concurrency 12requirements for potable water or sanitary sewer facilities, provided that such agreement is consistent 13with Florida law. 14 15D. Other laws of United States, the State of Florida, and Palm Beach County. Nothing in this 16article shall be construed to supersede any federal or state laws, laws of Palm Beach County which 17apply within the city, or any provisions of the City of Boynton Beach Codes or Regulations which are 18not specifically in conflict with this article, including any such laws which concern the design, 19construction, provision, operation, or utilization of, or connection to public facilities. 20 21 E. Development orders, permits, or projects approved by Palm Beach County, for land annexed 22into city. If land is annexed into the city and, prior to annexation, was subject to development orders, 23permits or development projects approved by Palm Beach County, then the development order, permit 24or project shall continue to comply with the Palm Beach County Adequate Public Facilities Ordinance 25with respect to potable water, sanitary sewer, drainage, solid waste, roads, parks and recreation 26facilities, as said Ordinance applies to the last development order or permit which was issued by Palm 27Beach County, and any subsequent development orders or permits which are issued by the city. 28However, the developer, property owner or their agents may request of the City Commission, that, upon 29annexation, the property be subject only to the requirements of this article. For any land which is 30subject to this paragraph, any land development orders or permits which are issued by the city after five 31(5) years of the date of annexation shall be subject to the provisions of this article, unless an appeal is 32granted in accordance with Section 13 or Section 14. 33 34Section 3. Reserved. 35Section 4. Categories of development orders and permits. 36 A. General. 37 38 1. The time limits specified in this section for the expiration of development orders and permits 39shall supersede any time limits set forth elsewhere in these Land Development Regulations. Expiration 40of a planned zoning district master plan, as set forth in this article, however, shall cause the 41development order for same to expire only with respect to exemption determinations, certifications of 42concurrency and conditional certifications of concurrency, and shall not, by itself, cause the zoning for 43the planned zoning district to expire. 44 45 2. All references to the “effective date” in this section shall apply only with respect to 46exemptions which are allowed in accordance with Sections 10 or 14. 47 October 27, 2010 10 CONCURRENCY MANANAGEMENT SYSTEM 1 3. A “lot” shall be construed to be a parcel which contains at least one whole lot which is 2shown on a recorded plat or is part of an unrecorded subdivision of land which has occurred. 3 4 B. All references to categories of development orders or permits in this article shall mean 5development orders or permits in accordance with the following classification system: 6 7 1. “A” Category development orders and permits shall consist of development orders or 8permits for the following types of development projects: 9 10 A1. Any construction of public facilities, either prior to or after the effective date, that are 11identified in the City of Boynton Beach or Palm Beach County Comprehensive Plans. 12 13 A2. Any development project, either prior to or after the effective date, which, in and by 14itself, does not create demand for any public facility. 15 16 A3. The replacement of an existing structure, either prior to or after the effective date, 17where no additional demand for any public facility would be created for non-residential uses, or no 18additional dwelling units would be constructed for residential uses, provided that an application for a 19building permit for such replacement is submitted within two (2) years of the date of the completion of 20the demolition or removal of the previous structure. 21 22 A4. Any construction of public schools by the school board of Palm Beach County, either 23prior to or after the effective date. 24 25 A5. Any construction of a single-family detached or duplex dwelling on a lot lying within a 26subdivision which was platted prior to January 13, 1978, or on a lot lying within any other subdivision 27which occurred, prior to the effective date, where the current zoning is generally limited to single- 28family or duplex dwellings. 29 30 A6. Any construction of a single-family detached or duplex dwellings, either prior to or 31after the effective date, where the subdivision and subsequent development of the property would not 32involve the creation of more than three (3) parcels either at a single point in time or cumulatively since 33January 13, 1978, for property lying within the city as of the effective date, or as of the date of the 34application for annexation, for property annexed into the city, for property annexed after the effective 35date. 36 37 A7. Any construction of additions or improvements to existing dwelling units, either prior 38to or after the effective date, provided that the number of dwelling units is not increased. 39 40A8. Any construction of structures for, or establishment of, a nonresidential use, either prior 41to or after the effective date, which would generate not more than five hundred (500) net vehicle trips 42per day on a one-time or cumulative basis, within any five-year period. 43 44 A9. Any platting, construction, or conversion of residential uses, either prior to or after the 45effective date, which would generate not more than two hundred (200) net vehicle trips per day on a 46one-time or cumulative basis, within any five-year period. 47 October 27, 2010 11 CONCURRENCY MANANAGEMENT SYSTEM 1 A10. Any additions to existing nonresidential structures or uses, including recreational and 2community facilities which are accessory uses to residential uses, which would generate not more than 3five hundred (500) vehicle trips per day on a one-time or cumulative basis, within any five-year period. 4 5 A11. The use of any structure or site which was in existence, prior to the effective date, 6regulations, including expansion of such use into portions of the structure or site which are manifestly 7intended for such use, provided that all such uses would be lawful under the city's zoning regulations. 8 9 A12. Any subdivision platted after January 13, 1978, but prior to the effective date, which 10has been bonded and the required improvements have been constructed and accepted, prior to the 11effective date, and at least one subdivided parcel has been sold off to a different owner. 12 13 A13. Any subdivision platted after January 13, 1978, but prior to the effective date, which 14has been bonded and the required improvements have been constructed and accepted, prior to the 15effective date, but all lots and parcels are still under single ownership. 16 17 A14. Any subdivision platted after January 13, 1978, but prior to the effective date, which 18has been bonded, and the twenty-one-month limit for completion of bonded improvements has not 19expired. 20 21 A15. Any subdivision platted after January 13, 1978, but prior to the effective date, which 22has been bonded and the required improvements are under construction, and the twenty-one-month time 23limit for the completion of bonded improvements has expired, but construction is still proceeding in 24good faith, in the judgement of the city engineer. 25 26 A16. Any preliminary plat which has been approved, prior to the effective date, and 27application for permit from the Palm Beach County Health Department for the construction of utilities 28has been approved, prior to the effective date, provided that the final plat is submitted within one year 29of the approval of the preliminary plat, and is recorded within eighteen (18) months of the approval of 30the preliminary plat. 31 32 A17. Completion of any undeveloped portion of a site plan or conditional use, a portion of 33which had been built or was under construction, prior to the effective date, or for which a building 34permit was applied for or issued, and the building permit has not expired according to the adopted 35building code. 36 37 A18. Any development of regional impact (DRI), or a substantial deviation from a DRI, 38which was submitted or approved prior to the effective date, or development project within such DRI, 39except that the provision of public facilities to serve the project and the issuance of development orders 40or permits may be limited in accordance with the development schedule contained in the DRI 41development order, application for a development approval, or support documents for the application 42for development approval or development order. 43 44 A19. Any site plan or conditional use approved, prior to the effective date, or any 45development order which has been reviewed by the community redevelopment agency and has received 46final approval, prior to the effective date, provided that a building permit is applied for within one year 47of the date of approval of the site plan or other development order listed in this paragraph. October 27, 2010 12 CONCURRENCY MANANAGEMENT SYSTEM 1 2 A20. Any building permit issued, prior to the effective date, provided that the permit has 3not expired according to the adopted building code. 4 5 A21. Any revision to a previously approved development order or permit, either prior to or 6after the effective date, where such addition or revision does not create additional demand for any 7public facility. 8 9 A22. Any development order or permit which was the subject of a court order regarding 10the land use, zoning, planning, use, or development of a parcel, and litigation was initiated prior to 11adoption of the comprehensive plan. Development orders or permits which are the subject of such 12court orders, or subsequent development orders or permits which are consistent with such court orders 13shall be exempt for as long as the court order remains in effect. 14 15 2. “B” Category development orders and permits shall consist of development orders or 16permits for the following types of development projects: 17 18 B1. Any unplatted portion of subdivision master plan approved, prior to the effective date, 19and which is served by master sized utilities, drainage facilities, or roads constructed as part of a portion 20which was platted, or for which a preliminary plat and Palm Beach County Health Department permits 21were approved, prior to the effective date. The rules set forth in this paragraph shall also apply where 22the unplatted portion is included in a boundary plat, and would be served by master-sized utilities or 23roads, and replatting at a later date is either intended or required. 24 25 B2. Any preliminary plat which is approved, prior to the effective date, and which does not 26have an approved permit from the Palm Beach County Health Department for the construction of 27utilities, as of the effective date, provided that a final plat and Palm Beach County Health Department 28permits are submitted within one year of the approval of the preliminary plat, and if the plat is recorded 29within eighteen (18) months of the approval of the preliminary plat. 30 31 3. “C” Category development orders and permits shall consist of development orders or 32permits for the following types of development projects: 33 34 C1. A subdivision platted after January 13, 1978, but prior to the effective date, has been 35bonded and has been partially constructed, but has not been accepted by the city, the twenty-one-month 36time limit for construction of bonded improvements has expired, and construction is not proceeding in 37good faith, in the judgement of the city engineer. 38 39 C2. An unplatted portion of a subdivision master plan which has been approved, prior to the 40effective date, which would not be served by master-sized utilities, drainage facilities, or roads 41constructed as part of a portion which was platted, or for which a preliminary plat and Palm Beach 42County Health Department permits were approved, prior to the effective date. The rules set forth in this 43paragraph shall also apply where the unplatted portion is included in a boundary plat, but would not be 44served by master-sized utilities or roads, and replatting at a later date is either intended or required. 45 October 27, 2010 13 CONCURRENCY MANANAGEMENT SYSTEM 1 C3. A subdivision master plan or planned zoning district master plan which has been 2approved, prior to the effective date, provided that the preliminary plat for the project or the first phase 3thereof is submitted within eighteen (18) months of the date of the master plan approval. 4 5 4. “D” Category development orders and permits shall consist of development orders or 6permits for the following types of development projects: 7 8 D1. Any project for which the development order or permit is issued either prior to or after 9the effective date, and which is not exempt with respect to all public facilities according to the criteria 10set forth in the “A”, “B”, or “C” categories and Section 10, unless an appeal has been granted in 11accordance with Section 14. 12 13 D2. A preliminary boundary plat, final boundary plat, or recorded boundary plat, submitted 14or approved either prior to or after the effective date, which does not show all necessary easements and 15dedications or is not connected to a definite plan for the development of the property within the 16boundary plat. 17 18 5. “E” Category development orders and permits shall consist of development orders or 19permits for the following types of development projects: 20 21 E1. Any project for which the development order or permit has expired, according to the 22criteria set forth for “A”, “B”, “C”, and “D” Category projects, and applicable provisions of Sections 9, 2310, 12, 13 and 14. 24 25 E2. Any subdivision preapplication. With respect to this article, approval of a subdivision 26preapplication shall be construed only to be a finding that property is suitable for platting and 27development for the use which is proposed, and shall not be construed to be a development order or 28permit for which exemption may be determined or for which concurrency may be certified. 29 30 E3. Any land use amendment or rezoning petition, and any land use category or zoning 31district, except for planned zoning district and development of regional impact applications. 32 33 E4. Any project for which the development order or permit, which, in and by itself, would 34not establish a specific intensity or density of use. 35 36Section 5. Minimum levels of service adopted for public facilities. 37 The following levels of service are hereby adopted and shall be utilized in the administration and 38enforcement of this article. Where a conflict occurs between the levels of service set forth in this article 39and those which are set forth in the city's comprehensive plan, the levels of service in the 40comprehensive plan shall supersede those which are set forth in this article. 41 42 The method for calculating the capacity of public facilities, populations, levels of service, and all 43other numbers or ratios related to levels of service shall be that which is utilized in the comprehensive 44plan support documents, except where these methods have been refined in this section and in 45accordance with Section 7 of this article, or an appeal is granted in accordance with Chapter 1, Article 46VII, Section 2. 47 October 27, 2010 14 CONCURRENCY MANANAGEMENT SYSTEM 1 A. Potable water level of service shall mean the capacity of potable water facilities to produce and 2deliver not less than two hundred (200) gallons of potable water per capita, which shall be calculated by 3dividing the maximum production capacity of the city's water treatment facilities, on a maximum daily 4flow basis, by the peak population which corresponds to the number of dwelling units, lodging units 5and beds in group quarters which are connected to the city's water system. 6 7 B. Sanitary sewer level of service shall mean the capacity of sanitary sewer facilities to treat and 8dispose of not less than ninety (90) gallons of sewage per capita, which shall be calculated by dividing 9the maximum treatment capacity of the city's proportionate share of wastewater treatment facilities, on 10a maximum month average daily flow basis, by the peak population which corresponds to the number 11of dwelling units, lodging units and beds in group quarters which are connected to the city's portion of 12the sanitary sewer system. 13 14 C. Solid waste level of service shall mean the capacity of solid waste transfer and disposal 15facilities to process not less than seven and two-tenths (7.2) pounds of solid waster per capita, which 16shall be calculated by dividing the capacity of solid waste facilities, as defined by the Palm Beach 17County Solid Waste Authority, by the resident population of the county or portions of the county served 18by such facilities. Until such time as all exemptions to concurrency requirements are approved by the 19appropriate local governments in Palm Beach County, or the solid waste authority can verify that solid 20waste facility capacity is available to serve any particular development project, solid waste facilities 21shall be construed to be available until the point in time at which the Palm Beach County Solid Waste 22Authority reasonably projects that the capacity of such facilities will be used up. 23 24 D. Drainage level of service shall mean that drainage facilities for development projects shall be 25designed for a three-year design storm for a duration of the time of concentration for the watershed, for 26development projects which are subject to South Florida Water Management District design and/or 27permitting requirements, and shall mean that drainage facilities for all other development projects shall 28be designed to accommodate the first hour of a three-year storm on site. 29 30 E. Roadway levels of service shall mean the average annual daily traffic levels for roadway links 31and peak hour traffic levels for intersections, as set forth in the Palm Beach County Traffic Performance 32Standards Ordinance, except that, if said ordinance is repealed or if exemptions or exceptions to said 33ordinance are granted, the following levels of service shall apply to the following roadway links: 34 35 1. Level of service “C” or better under daily and peak hour conditions on all unspecified city 36local and collector highway facilities; 37 38 2. Level of service “C” for average daily and level of service “D” for daily peak season and 39year-round peak hour conditions on all nonspecified arterial facilities; 40 41 3. Level of service “D” for year-round daily and peak hour conditions on Seacrest Boulevard 42south of S.E. 23rd Avenue; U.S. 1 between Boynton Beach Boulevard and Woolbright Road; I-95 43through the city; Boynton Beach Boulevard from Old Boynton Road to I-95; N.W. 22nd Avenue 44between Congress Avenue and I-95; Congress Avenue between Boynton Beach Boulevard and N.W. 4522nd Avenue; and for Boynton Beach Boulevard east of I-95; 46 October 27, 2010 15 CONCURRENCY MANANAGEMENT SYSTEM 1 4. Level of service “Maintain” for all facilities where level of service standards have been 2exceeded. 3 4 F. Recreation facilities levels of service shall mean not less than the ratio of the number and/or 5size of the particular type of recreation facility available to the residents of the city, as defined by the 6recreation and open space element support documents, to the peak population which corresponds to the 7number of dwelling units, lodging units and beds in group quarters within the corporate limits of the 8city, as set forth in Attachment “A” to Ordinance No. 90-18. Private recreation facilities which are 9provided as part of a development project may be used to satisfy the requirements for maintaining the 10levels of service for these facilities, if these facilities would meet the adopted levels of service, as set 11forth in this paragraph. For development projects which are exempt, no existing private recreation 12facilities shall be reduced in size and/or number, so as to cause the level of service to be lower than 13those which are set forth in this paragraph, unless an appeal is granted in accordance with Section 13 or 1414. 15 16 G. District parks level of service shall mean not less than the ratio of developed district park 17acreage available to the residents of the city, as defined by the recreation and open space element 18support documents, to the peak population which corresponds to the number of dwelling units, lodging 19units and beds in group quarters within the corporate limits of the city. 20 21 H. Neighborhood parks levels of service shall mean not less than the ratio of developed 22neighborhood park acreage available to the number of peak season residents of the neighborhood or 23development project, as follows: 24 25 1. For all residential development projects that consist of more than one hundred (100) 26dwelling units, that public or private parks or recreation areas are available to residents, such that the 27ratio of any such private parks or recreation areas to the number of the peak season residents to is not 28less than two and one-half (2.5) acres per thousand residents, or the ratio of public park acreage to the 29number of peak season residents within a walking distance of one-half (0.5) mile or within the 30neighborhood, as defined in the recreation element support documents, is not less than two and one-half 31(2.5) acres per thousand residents; and further provided that all dwellings within the development 32project are not 33 34 more than one-half (0.5) mile walking distance from a public or private park or recreation 35facility which is available to the residents of the dwelling. 36 37 2. For all property which is annexed after the effective date, and which was platted or 38developed in the unincorporated area of Palm Beach County, or that have received approval of 39development orders or permits from Palm Beach County, the level of service shall be that which is 40created by existing or approved public or private park or recreation facilities which serve the property 41or project exclusively, provided that no such level of service shall be more stringent than that which is 42set forth in subsection 1 above. 43 44 3. For all development projects which are not subject to the requirements set forth in 45subsection 1 or 2 above, the levels of service set forth in subsection 1 above, or not less than the levels 46of service for the neighborhood planning area as set forth in Chapter 2, which shall be calculated as the 47ratio of developed neighborhood park acreage to the peak season population which corresponds to the October 27, 2010 16 CONCURRENCY MANANAGEMENT SYSTEM 1number of dwelling units, lodging units and beds in group quarters within the neighborhood. For 2development projects which are exempt, no existing private recreation areas shall be reduced in area, so 3as to cause the levels of service to be less than those which are set forth in subsection 1 above, except if 4an appeal is granted in accordance with Section 13 or 14. 5 6 I. The levels of service for potable water, sanitary sewer, solid waste, and parks and recreation 7facilities shall not be applied to development orders or permits for non-residential uses, including 8hospitals, since these levels of service are expressed in terms of facility capacity per capita. These 9levels of service shall be applied, however, to development orders or permits for lodging facilities and 10group quarters, and shall be applied to all new Developments of Regional Impact and Substantial 11Deviations thereto, which are approved after the effective date, where the land use for such DRIs would 12be different than that which was shown on the Future Land Use Map of the City or Palm Beach County, 13as of the effective date. 14 15(Ord. No. 96-50, § 1, 1-21-97) 16 17Section 6. Public facilities shall be available for development projects consistent with adopted levels of 18service. 19 Except as provided elsewhere in this article, no development order or permit which is submitted 20after the effective date shall be approved, unless public facilities are or will be available to serve the 21development project, such that the minimum levels of service set forth in Section 5 are maintained, 22concurrent with the impacts of the development project. For public facilities to be determined to be 23available as such, the following conditions shall be met, given the proposed timing and phasing of the 24development project: 25 26 A. For potable water, sanitary sewer, and solid waste facilities, and primary drainage facilities or 27any secondary drainage facilities which are required improvements according to the subdivision and 28platting regulations: 29 30 1. The necessary public facilities are or will be in place at the time that any development 31permits are issued; or 32 33 2. Any development permits which are or will be issued will be subject to the condition that the 34necessary public facilities will be in place when the impacts of the development occur, meaning that, at 35the time of issuance, such public facilities either exist, a binding contract for the construction of same 36has been executed, performance security for same has been posted, or construction of same is scheduled 37in the capital improvements program of any governmental agency so as to be available when the impact 38of development occurs and construction of such facilities is financially feasible, based on currently 39available revenue sources adequate to complete such construction; or 40 41 3. The necessary public facilities are or will be under construction at the time that any 42development permits are issued, and that, at the time of issuance, such public facilities either exist, a 43binding contract for the construction of same has been executed, surety for same has been posted, or 44construction of same is scheduled in the capital improvements program of any governmental agency so 45as to be under construction when the development permits are issued and construction of such facilities 46is financially feasible, based on currently available revenue sources adequate to complete such 47construction; or October 27, 2010 17 CONCURRENCY MANANAGEMENT SYSTEM 1 2 4. The necessary public facilities are guaranteed in an enforceable development agreement that 3is consistent with any of the provisions set forth in subsection 1 through 3 above. An enforceable 4development agreement may include, but is not limited to, development agreements pursuant to Section 5163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, 6Florida Statutes. The agreement shall guarantee that the necessary public facilities will be in place 7when the impacts of the development occur. 8 9 B. For parks and recreation facilities, concurrency requirements may be satisfied by complying 10with the standards set forth in subsection A.1 through 4 above, or by complying with the following 11standards: 12 13 1. At the time a development permit is issued, the necessary public facilities are the subject of 14a binding executed contract which provides for commencement of the actual construction of the 15required public facilities within one year of the issuance of the development permit; or 16 17 2. The necessary public facilities are guaranteed in an enforceable development agreement 18which requires the commencement of the actual construction of the public facilities within one year of 19the issuance of the applicable development permit. An enforceable development agreement may 20include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, 21or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. 22 23 C. For roads that are the responsibility of Palm Beach County or the Florida Department of 24Transportation (FDOT), the requirements set forth in subsection (a) above shall be satisfied if the 25development order or permit complies with the Palm Beach County Traffic Performances Standards 26Ordinance. In the event that the Palm Beach County Traffic Performance Standards Ordinance is 27repealed, the conditions which apply shall be those which were set forth in the most recent Palm Beach 28County Traffic Performance Standards Ordinance which was in effect in the City, except that any levels 29of service for particular roadway links which are adopted in the city's comprehensive plan shall apply to 30those links. 31 32 D. For a roadway facility that is not the responsibility of Palm Beach County or the Florida 33Department of Transportation (FDOT) and which is subject to the Proportionate Fair-Share Agreement 34pursuant to Chapter 1.5, Article VIII of the city's Land Development Regulations, the timing of 35improvements set as a condition of development approval is determined by the five (5)-year capital 36improvement schedule in the Capital Improvement Element of the Comprehensive Plan, or otherwise 37established by said Agreement. 38 39 E. In determining whether public facilities are available consistent with the requirements of this 40section and Section 5, the demand for such public facilities which would be created by other 41development orders and permits which are exempt, or for which certification of concurrency or 42conditional certification of concurrency has been issued shall be taken into account. 43 44(Ord. No. 07-006, § 2, 3-20-07) 45 46Section 7. Adoption of methodology for determining whether concurrency requirements are met. October 27, 2010 18 CONCURRENCY MANANAGEMENT SYSTEM 1 The City Commission may adopt, by resolution, a methodology for determining whether the adopted 2levels of service would be maintained upon approval of development orders or permits, and how the 3approval of such orders or permits shall be conditioned so as to maintain the adopted levels of service. 4This methodology may refine but shall not be inconsistent with the provisions of Sections 5 and 6, or 5the levels of service as defined in the comprehensive plan. This methodology shall be considered to be 6an amendment to the comprehensive plan support documents. Upon adoption, this methodology shall 7be altered or amended only by resolution. 8 9Section 8. Administration of article. 10 A. The planning director or his duly authorized representative is hereby authorized to administer 11the provisions of this article, except that the city manager may designate other departments, officials, or 12employees of the city to administer this article or any portion thereof. 13 14 B. The planning director shall review all applications for residential development orders and 15permits described in Section 9.D.1 for compliance with the requirements of Sections 5 and 6, for the 16purpose of determining whether the adopted levels of service for solid waste, parks, and recreation 17facilities would be maintained. 18 19 C. The city's development department shall review all applications for development orders and 20permits described in Section 9.D.1 for compliance with the requirements of Sections 5 and 6, for the 21purpose of determining whether the adopted levels of service for drainage facilities would be 22maintained. The development department shall transmit its findings and necessary conditions of 23approval to the planning director. 24 25 D. The city's utilities department shall review all applications for residential development orders 26and permits described in Section 9.D.1 for compliance with the requirements of Sections 5 and 6, for 27the purpose of determining whether the adopted levels of service for potable water and sanitary sewer 28would be maintained. The utilities department shall transmit its findings and necessary conditions of 29approval to the planning director. 30 31 E. The Palm Beach County Traffic Engineer shall review each application for area development 32orders and permit which are subject to such review according to the Palm Beach County Traffic 33Performance Standards Ordinance, and the review and approval of such development orders and 34permits shall be in accordance with said ordinances. In addition, the city may review each traffic 35impact study in accordance with said ordinance. 36 37 F. The City Engineer shall review all applications for development orders and permits for 38compliance with the requirements of Section 5, for the purpose of determining whether the adopted 39levels of service for roadways within the city which are not the responsibility of Palm Beach County or 40the Florida Department of transportation would be maintained. 41 42(Ord. No. 96-50, § 2, 1-21-97; Ord. No. 07-006, § 3, 3-20-07) 43 44Section 9. Procedures for certification or conditional certification of concurrency. 45 A. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, 46parks, recreation and road facilities are available concurrent with the impacts of development on each 47facility, the following procedures are hereby established to ensure that no development order or permit October 27, 2010 19 CONCURRENCY MANANAGEMENT SYSTEM 1is issued unless there are adequate public facilities available to serve the proposed development project, 2or that the development order or permit is conditioned on the availability of public facilities concurrent 3with the impacts of development. 4 5 B. Exemptions, nonapplicability. The requirements of this section shall not apply to development 6orders and permits which are not defined as such in Section 3, and shall not apply to development 7orders or permits which are fully exempt in accordance with Section 10 or 14. 8 9 C. Review to determine adequacy of public facilities. 10 11 1. General. No development order or permit as set forth in Section 9.D.1.a through c which is 12submitted after the effective date or this article shall be approved without the simultaneous issuance of a 13concurrency exemption determination, certification of concurrency, or conditional certification of 14concurrency for each public facility. In no case shall land development be permitted to proceed unless 15a development permit has been issued for which certification of concurrency has issued. 16 17 2. Rules of general applicability. 18 19 a. Timing. A land development order or permit may be submitted for concurrency review at 20any time during the year.For development orders and permits which are required to be submitted to the 21planning director according to Section 9.D.1, the deadline for submittal of applications to the planning 22director shall be thirty (30) days prior to the regularly scheduled technical review committee meeting 23which is prior to the regularly scheduled Planning and Development Board meeting; except that where 24the development order or permit is subject to the Palm Beach County Traffic Performance Standards 25Ordinance, this deadline shall be sixty (60) days. All deadlines and procedures which are set forth 26elsewhere in this article shall be construed to be amended as necessary, in order to ensure compliance 27with the Palm Beach Countywide Traffic Performance Standards Ordinance. 28 29 b. Assignability and transferability. An exemption determination, certification of 30concurrency, or conditional certification of concurrency shall be assignable within a development 31project, but shall not be assignable or transferable to any other development project. 32 33 c. Phasing. In determining whether a certification of concurrency or conditional 34certification of concurrency would comply with the requirements of Sections 5 and 6, the planning 35director may consider the phasing of development and its coordination with public facility capital 36improvements for a period of up to five (5) years, or for a longer period of time if approved as a part of 37a development agreement. Any such phasing plan shall be a condition of the approval of the 38development order or permit. 39 40 d. Categories of development orders and permits for which concurrency may be certified or 41conditionally certified. 42 43 (1) Potable water. Certification of concurrency or conditional certification of 44concurrency for potable water facilities shall be issued only for “A” category development orders and 45permits, as defined in Section 4. 46 October 27, 2010 20 CONCURRENCY MANANAGEMENT SYSTEM 1 (2) Sanitary sewer. Certification of concurrency or conditional certification of 2concurrency for sanitary sewer facilities shall be issued only for “A” category development orders and 3permits, as defined in Section 4. 4 5 (3) Drainage. Certification of concurrency or conditional certification of concurrency 6for potable water facilities shall be made only for “A”, “B”, “C” and “D” category development orders 7and permits, as defined in Section 4. 8 9 (4) Solid waste. Certification of concurrency or conditional certification of concurrency 10for solid waste facilities shall be issued only for “A” category development orders and permits, as 11defined in Section 4. 12 13 (5) Neighborhood parks. Certification of concurrency or conditional certification of 14concurrency for neighborhood park facilities shall be issued only for “A”, “B”, “C” and “D” category 15development orders and permits, as defined in Section 4. 16 17 (6) District parks. Certification of concurrency or conditional certification of 18concurrency for district park facilities shall be issued only for “A” category development orders and 19permits, as defined in Section 4. 20 21 (7) Recreation facilities. Certification of concurrency or conditional certification of 22concurrency for recreation facilities shall be issued only for “A” category development orders and 23permits, as defined in Section 4. 24 25 (8) Roads. Certification of concurrency or conditional certification for road facilities 26shall be issued only for "A" category development orders and permits, as defined in Section 4. 27 28 [d.1.] Expiration and effect. 29 30 Expiration of certification of concurrency and conditional certification of concurrency. 31 32 Certification of concurrency shall be valid for the life of the development order or permit 33as defined in Section 4, and shall be valid for the life of all subsequent development orders and permits, 34provided that neither the original or subsequent development orders or permits have been allowed by 35the applicant to expire. Expiration of development orders and permits shall be defined by the time 36limitations set forth in Section 4. If the development order or permit is in a category for which 37concurrency cannot be certified for all public facilities, the applicant shall submit, prior to the 38expiration date of the development order, an application for a development order or permit for which 39the remaining public facilities for which a certification of concurrency or conditional certification of 40concurrency can be issued; otherwise, all certifications of concurrency and conditional certifications of 41concurrency shall expire. Time extension for certifications in such cases may be granted only in 42accordance with Section 12. 43 44 If a project has received certification of concurrency for some public facilities, and has 45received conditional certification of concurrency for other public facilities, any of which are to be 46constructed by a governmental agency or pursuant to a valid development order or permit issued to 47others, then all such certifications shall be valid until such time as the public facilities which are to be October 27, 2010 21 CONCURRENCY MANANAGEMENT SYSTEM 1constructed by others or by government agencies are available, such that a certification of concurrency 2for said public facilities can be made. In such cases, the applicant shall file a written request to renew 3the certification of concurrency or conditional certification of concurrency, prior to the expiration date 4of the development order or permit, and thereafter on a yearly basis, prior to the anniversary of the 5expiration date of the development order or permit. 6 7 If a project has received concurrency certification for some public facilities, and 8conditional for other public facilities all of which are to be constructed by the developer, then all such 9certifications shall be valid only until the expiration date of the development order or permit. Time 10extensions beyond any such expiration date for any certifications of concurrency or conditional 11certifications of concurrency may be approved only in accordance with Section 12. 12 13 After the point in time at which certification of concurrency is issued for all public 14facilities, the life of the development order or permit shall be that which is specified in Section 4, and 15time extensions for such certification, beyond the expiration date of the development order or permit, 16may be approved only in accordance with Section 12. 17 18 Any certification of concurrency or conditional certification of concurrency for potable 19water or sanitary sewer facilities shall be contingent upon the developer paying a reservation fee for 20same, in accordance with Chapter 26 of the City's Code of Ordinances, within thirty (30) days of the 21approval of the development order or permit. If the reservation fee is not paid within this time, then 22certification of concurrency or conditional certification of concurrency shall expire, unless a time 23extension is granted in accordance with Section 12. 24 25 e. Effect. 26 27 (1) Certification of concurrency. Receipt of certification of concurrency shall constitute 28proof that public facilities are or will be available, consistent with the adopted levels of service set forth 29in Section 5, and the conditions set forth in Section 6, and shall specify the public facilities which are to 30be constructed, timing of construction, and responsibility for construction. Certification of concurrency 31shall reserve capacity in the public facilities which are available, until the certification of concurrency 32expires. 33 34 (2) Conditional certification of concurrency. If a certification of concurrency cannot be 35issued for any particular public facility then the development order or permit may be issued a 36certification of conditional concurrency, if there is reasonable likelihood that the necessary public 37facilities would be provided by the developer, a governmental agency, or by other developers. The 38conditional certification of concurrency shall specify the public facilities which are to be constructed, 39timing of construction, and responsibility for construction. A conditional certification of concurrency 40shall reserve capacity in the public facilities which shall be specified as such, until the conditional 41certification of concurrency expires. 42 43 f. Amendment of certification. An amendment to a certification of concurrency or 44conditional certification of concurrency shall be required in order to amend any development order or 45permit for which such certification has been made, if the amendment would increase or decrease the 46demand for any public facility. The amendment of the certification shall require evaluation and 47reservation of capacity only for any additional demand for public facilities which would be created by October 27, 2010 22 CONCURRENCY MANANAGEMENT SYSTEM 1the amendment to the development order or permit. Furthermore, the amendment of the certification 2shall be approved if the amendment to the development order or permit is exempt from concurrency 3requirements in accordance with Sections 14 and 10. 4 5 g. Effect of development agreement in conjunction with certification of concurrency or 6conditional certification of concurrency. A developer may enter into a development agreement with the 7City of Boynton Beach, in conjunction with the approval of the development order or permit and 8issuance of certification of concurrency or conditional certification of concurrency, in order to meet the 9conditions for the issuance of development permits which are set forth in Section 6. The effect of the 10development agreement shall be to bind the city and the developer pursuant to the terms of the 11development agreement for the duration of the agreement. Any public facility which is included in the 12five-year schedule of capital improvements in the city's CIE and which is included in the development 13agreement shall not be delayed, deferred, or removed from the five-year schedule of capital 14improvements set forth in the CIE, provided, however, that the development agreement may state that 15the capital improvement may be deferred for up to one year. The city may delay, defer or remove a 16capital improvement from the five-year schedule in such cases only if the level of service in the 17comprehensive plan is amended accordingly, and all development agreements shall include a provision 18for same. 19 20 D. Procedure for review of land development orders and permits for compliance with this article. 21 22 1. Submission of development order or permit to planning director. For each of the following 23development orders and permits listed below for which an application is submitted to the city after the 24effective date, either a copy of the application shall be submitted to the planning director, or the 25planning director shall be notified by the appropriate city department that the application has been 26received: 27 28 a. All development orders; and 29 30 b. All subdivision final plats; and 31 32 c.All development permits which are not fully exempt, in accordance with Section 10 or 33Section 14, or for which certification of concurrency has not been issued for all public facilities. 34 35 2. Application requirements. Before processing, all such development order or permit 36applications shall be substantially complete and shall include the following: 37 38 a. For nonresidential uses, the gross square footage and type of uses that would occupy such 39floor area. 40 41 b. For nonresidential uses, the square footage and type of use, for any exterior uses which, 42in and by themselves, would create demand for public facilities. 43 44 c. For residential uses and lodging facilities, the number and type of dwelling units or 45lodging facilities; and, in the case of group quarters, the number of beds. 46 October 27, 2010 23 CONCURRENCY MANANAGEMENT SYSTEM 1 d. For applications for which the development project would generate more than five 2hundred (500) net vehicle trips per day, a traffic impact study shall be submitted which shall comply 3with the requirements of the Palm Beach County Traffic Performance Standards Ordinance, unless the 4development project qualifies as a “previous approval” under the terms of said ordinances. All 5applications which generate five hundred (500) or more gross vehicle trips per day shall include a 6calculation of the number of net vehicle trips. 7 8 e. The proposed timing of the project, and phasing plan for the project, if any. 9 10 3. Determination of completeness. The planning director shall initiate review of the 11application upon receipt of same, and shall determine whether the application is complete with respect 12to this article, and includes data necessary to evaluate the application, within ten (10) days of receipt. If 13it is determined that the application is not complete, the applicant shall be notified of the deficiencies. 14The planning director shall take no further action on the application unless the deficiencies are 15remedied. For applications which were submitted to other city departments or other governmental 16agencies, the planning director shall notify the city department or other governmental agency which had 17sent the application or notice of same to the planning director. For applications which were submitted 18directly to the planning department, the planning director shall notify the applicant directly. 19 20 4. Review and recommendation of city departments and service providers. Within two (2) 21days of the day on which the planning director determines that the application is complete, the 22application shall be forwarded to the utilities department for all residential development orders and 23permits, the engineering department for all development orders and permits, and the Palm Beach 24County Engineer for development orders and permits which are subject to the Palm Beach County 25Traffic Performance Standards Ordinance; however, if the application originated from either the 26utilities or engineering department, the planning director shall only notify that department that the 27review of the application for compliance with this article shall commence. 28 29 5. Decision by planning director. 30 31 a. Determination of nonapplicability. The planning director may determine that the 32application is not a development order or permit, as defined in Section 3. In such cases, no further 33action by the planning director or by the city shall be required. 34 35 b. Exemption determination. The planning director may determine that the application is 36for a development order which is exempt, in accordance with Section 10, for any public facility. In 37such cases, the planning director shall issue an exemption determination for such public facilities and 38shall proceed in accordance with subsection c below with respect to any public facilities for which the 39development order or permit is not exempt. 40 41 c. Certification of concurrency. Within fifteen (15) days receipt of a statement from the 42utilities department, engineering department, and Palm Beach County Engineer, as required, the 43planning director shall review that statements and the application, and determine whether the 44application complies with the requirements of Sections 5 and 6. For development orders, certification 45of concurrency shall be issued only if the development order is conditioned upon development permits 46not being issued unless the conditions set forth in Section 6 are met. If the application complies with 47the above requirements for all public facilities, the planning director shall issue a certification of October 27, 2010 24 CONCURRENCY MANANAGEMENT SYSTEM 1concurrency. The certification of concurrency shall specify the public facilities which are to be 2constructed, timing of construction, and responsibility for construction. If the planning director 3determines that the application fails to meet the requirements of this subsection, the applicant shall be 4notified of such deficiency, and the planning director shall determine whether a conditional certification 5of concurrency may be issued. 6 7 d. Conditional certification of concurrency. If a certification of concurrency cannot be 8issued for any particular public facility then the development order or permit may be issued a 9certification of conditional concurrency, if there is reasonable likelihood that the necessary public 10facilities would be provided by the developer, a government agency or by others. The conditional 11certification of concurrency shall specify the public facilities which would be necessary to serve 12development project, in order to maintain the adopted levels of service. The conditional certification of 13concurrency shall also specify timing of construction, and responsibility for construction for these 14public facilities. 15 16(Ord. No. 07-006, § 4, 3-20-07; Ord. No. 08-001, § 2, 1-15-08) 17 18Section 10. Exemptions. 19 A. General rules concerning exemptions: 20 21 1. “Exemption” or “Exempt” shall mean that neither the city nor the applicant shall be required 22to demonstrate that the particular development order or permit complies with the concurrency 23requirements set forth in Sections 5 and 6 would be met, that certification of concurrency or conditional 24certification pursuant to Section 9 shall not be required as a condition of the approval or continued 25validity of the development order or permit, and that concurrency certification shall not be required in 26order for the development project to proceed, provided that the conditions set forth in subsection 2 27below are met. 28 29 2. A development order or permit shall continue to be exempt and may proceed to the next 30stageof the development approval and permitting procedure for as long as development proceeds or is 31completed in good faith as defined by the expiration criteria set forth in Section 4. 32 33 3. “Effective date” with respect to exemptions shall mean February 1, 1990, with respect to 34concurrency requirements for roads, and shall mean June 1, 1990, with respect to concurrency 35requirements for all other public facilities. 36 37 4. Substantially complete applications for development orders or permits which were submitted 38to the city prior to the effective date shall have the same exemption status as development orders or 39permits which were approved prior to the effective date. The determination of whether an application is 40substantially complete shall be solely within the judgement of the appropriate city department, agency, 41official, or employee to which the application is submitted, except that the city manager may review 42any such determination and substitute his own determination. 43 44 5. Development orders or permits, other than those which are listed in Section 10.B, and which 45create demand for public facilities, may be determined to be exempt if an appeal is filed and granted in 46accordance with Section 14. The development order or permit in question shall be similar in nature to 47one of the categories of development orders or permits which is exempt. October 27, 2010 25 CONCURRENCY MANANAGEMENT SYSTEM 1 2 6. Development orders or permits which are accessory to an exempt development order or 3permit set forth shall be construed to be exempt in accordance with the rules that apply to the principal 4development order or permit, including expiration dates. 5 6 7. The expiration of exemptions shall be timed from the date of the most recent approval, time 7extension, revision, modification, or amendment of the particular development order or permit which 8was granted prior to the effective date, or which was submitted prior to the effective date and 9subsequently approved. 10 11 8. An exemption shall not be construed to relieve any other lawful requirements related to 12provision of public facilities, or to nullify conditions of approval of the development order or permit 13which are related to the provision of public facilities or other improvements. 14 15 B. Exempt development orders and permits: 16 17 1. All development orders and permits and only those which are listed as “A” category 18development orders or permits in Section 4 shall be exempt from concurrency requirements set forth in 19Sections 5 and 6, with respect to maintaining adopted levels of service for potable water, sanitary 20sewer, solid waste, recreation and district parks facilities. 21 22 2. All development orders and permits and only those which are listed as “A”, “B” or “C” 23category development orders or permits in Section 4 shall be exempt from the concurrency 24requirements set forth in Sections 5 and 6, with respect to maintaining adopted levels of service for 25drainage, road and neighborhood parks facilities. 26 27 C. Exemption rules which are specific to particular types of public facilities: The following rules 28shall apply to exempt development orders and permits, with respect to particular types of public 29facilities: 30 31 1. Potable water facilities. The exemption rules set forth in this section shall also apply where 32a determination of exemption is required of or requested from the city for development projects located 33outside the corporate limits of the City of Boynton Beach but are located within the city's water service 34area. The type of development order or permit issued by the City of Boynton Beach which is most 35similar to the type of development order or permit issued by the other local government shall be used in 36such cases to determine the exemption category and status. 37 38 2. Sanitary sewer facilities. The exemption rules set forth in this section shall also apply where 39a determination of exemption is required of or requested from the city for projects located outside the 40corporate limits of the City of Boynton Beach, but are located within the city's sewer service area. The 41type of development order or permit issued by the City of Boynton Beach which is most similar to the 42type of development order or permit issued by the other local government shall be used in such cases to 43determine the exemption category and status. 44 45 3. Drainage facilities. Exemption of a development order or permit from the concurrency 46requirements set forth in this article shall not relieve the obligation of applicant for development order 47or permit to obtain necessary permits or other approvals from Lake Worth Drainage District, South October 27, 2010 26 CONCURRENCY MANANAGEMENT SYSTEM 1Florida Water Management District or the city, and to comply with applicable laws, policies and permit 2conditions which are administered by these agencies. Furthermore, all exempt development orders or 3permits shall be subject to any permits or approvals, and conditions attached thereto, which were issued 4for the particular development order or permit by the South Florida Water Management District, Lake 5Worth Drainage District or city. 6 7 4. Solid waste facilities. Reserved. 8 9 5. Recreation facilities. For development projects which are exempt, no existing private 10recreation facilities shall be reduced in size or number below the levels of service which are set forth in 11Section 5, except in accordance with Sections 14 or 15. 12 13 6. District park facilities. Reserved. 14 15 7. Neighborhood park facilities. 16 17 a. For exempt development projects. For development projects which are exempt, no 18existing private recreation or park areas shall be reduced in size such that the level of service would be 19reduced below that which is set forth in Section 5, except by an appeal granted in accordance with 20Sections 14 or 15. 21 22 b. For annexed development projects. For development projects which were approved in 23Palm Beach County and subsequently annexed, and which are exempt, no existing private recreation or 24park areas shall be reduced in size such that the level of service would be reduced below that which is 25set forth in Section 5, except by an appeal granted in accordance with Sections 14 or 15. 26 27 8. Roads. 28 29 a. All “A”, “B” and “C” category projects shall be exempt, and shall be construed to be 30projects with “previous approval” in accordance with the Palm Beach County Wide Traffic 31Performance Standards Ordinance. 32 33 b. All exempt development orders and permits shall be required to provide traffic 34improvements in accordance with the conditions of the approval of the development order or permit. 35 36 c. All complete applications for development orders or permits which were received after 37November 7, 1989 and before February 1, 1990, and which included an application for rezoning shall 38be required to comply with the provisions of Chapter 2, Section 9.C.4.h.(5) of the City of Boynton 39Beach Land Development Regulations, except that the levels of service for roadway links shall be those 40which were set forth in the city's comprehensive plan during this time period. 41 42Section 11. Concurrency review board. 43 A. Reserved. 44 45 B. Reserved. 46 October 27, 2010 27 CONCURRENCY MANANAGEMENT SYSTEM 1 C. Concurrency review board. A concurrency review board is hereby established, which shall 2consist of the utilities director, the recreation and parks director, the public works director, the city 3engineer, the planning and zoning director, and the director of development, or their duly authorized 4representatives. The city manager may include himself and/or the city attorney on this board, at the 5discretion of the city manager, either permanently or for the purpose of reviewing particular 6applications. A quorum of this board shall consist of three (3) members, and all actions by the board 7shall be by simple majority vote, unless the votes are evenly split, in which case, the vote of the board 8shall simply be transmitted to the Planning and Development Board. The concurrency review board or 9its members may consult with the city attorney, city manager and any other government officer or 10agency involved with the provision or regulation of public facilities, as well as the state land planning 11agency and the regional planning council, with respect to any matter which is to be considered by the 12board. 13 14 D. All actions by the concurrency review board, city manager, Planning and Development Board 15and City Commission with respect to an appeal shall be based upon applicable provisions of Florida 16law, the city's comprehensive plan, other applicable provisions of the city's Land Development 17Regulations, the provisions of this article, the plans, programs, and regulations of those agencies which 18provide or regulate public facilities, accepted engineering principals, and applicable criteria set forth in 19Sections 13 or 14. 20 21 E. Reserved. 22 F. The concurrency review board shall review each appeal with respect to the criteria set forth in 23Section 11.D, and shall forward its recommendation as well as the vote of each of its members to the 24Planning and Development Board, and shall notify city manager of its recommendations. Any action 25by the concurrency review board may be appealed as outlined in Chapter 1, Article VII, Section 2. 26 27 G. Duties. 28 29 1. Hear and decide appeals of administrative decisions or determinations denying certificate of 30concurrency and/or a conditional certificate of concurrency. 31 2. Hear and decide appeals for time extensions to a certificate of concurrency or conditional 32certificate of concurrency. 33 3. Hear and decide appeals when a determination is made that a particular development order 34or permit is not exempt from concurrency requirements. 35(Ord. No. 96-50, § 3, 1-21-97; Ord. No. 02-033, §§ 2, 4, 8-20-02; Ord. No. 08-001, § 2, 1-15-08) 36Section 12. Reserved. 37Section 13. Reserved. 38Section 14. Certification of concurrency or exemption upon request. 39 Any property owner, contract purchaser, developer or prospective developer, or their agent, may, 40with the written consent of the property owner, request the planning department to certify that the 41development order or permit for the property is exempt from the concurrency requirements, or is not 42exempt but otherwise complies with such requirements, with the following exceptions: 43 A. Any development order or permit has been issued or is contemplated for a single-family or 44duplex lot located within a subdivision plat which was recorded prior to January 13, 1978; and 45 B. Any development order or permit which has been issued or which is contemplated on property 46lying within any recorded subdivision plat for which the on-site water, sewer, paving and drainage October 27, 2010 28 CONCURRENCY MANANAGEMENT SYSTEM 1improvements have been accepted by the city, or the twenty-one-month time limit for the completion of 2such improvements has not expired; and 3 C. Any structure which has received a certificate of occupancy or is otherwise lawfully occupied; 4and 5 D. Any site plan or conditional use for which less than one year has passed since the approval date 6of same; and 7 E. Any property, use of property, or structure for which a development order or permit has not 8been issued or applied for. 9 10For the development orders and permits listed under subsections A through E above the planning 11department shall not be required to provide a written exemption determination, or is not exempt but 12otherwise complies with the city's concurrency requirements. 13 14Section 15. Reserved. 15 16 17ARTICLE VIII. PROPORTIONATE FAIR-SHARE MITIGATION OF TRANSPORTATION 18IMPACT 19Sec. 1. Purpose and intent. 20 The purpose of this section is to establish a method whereby the impacts of development on 21transportation facilities can be mitigated by the cooperative efforts of the public and private 22sectors, to be known as the Proportionate Fair-Share Program, as required by and in a manner 23consistent with F.S. § 163.3180(16), as amended from time to time. 24(Ord. No. 07-006, § 5, 3-20-07) 25Sec. 2. Applicability. 26 The Proportionate Fair-Share Program shall apply to all developments that fail to meet the 27standards of this division on a roadway within the city that is not the responsibility of Palm 28Beach County or the Florida Department of Transportation (FDOT). The Proportionate Fair- 29Share Program does not apply to Developments of Regional Impact (DRIs) using proportionate 30fair-share under F.S. § 163.3180(12), projects exempted from this division, or for projects that 31received traffic concurrency approval prior to January 1, 2007. 32(Ord. No. 07-006, § 5, 3-20-07) 33Sec. 3. General requirements. 34 An applicant may choose to satisfy the transportation concurrency requirements by making a 35proportionate fair-share contribution, so long as each of the following requirements are met: 36 A. The proposed development is consistent with the comprehensive plan and applicable 37land development regulations. October 27, 2010 29 CONCURRENCY MANANAGEMENT SYSTEM 1 B. The road improvement necessary to maintain the LOS for transportation is identified in 2the five (5)-year schedule of capital improvements in the Capital Improvement Element of the 3Comprehensive Plan. 4 C. Any improvement project proposed to meet the developer's fair-share obligation shall 5meet the city's design standards for locally maintained roadways. 6 D. Intergovernmental coordination. Pursuant to policies in the intergovernmental 7coordination element of the Comprehensive Plan, the city shall coordinate with Palm Beach 8County and other affected jurisdictions such as FDOT, regarding mitigation to impacted 9facilities not under the jurisdiction of the local government receiving the application for 10proportionate fair-share mitigation. 11(Ord. No. 07-006, § 5, 3-20-07) 12Sec. 4. Application process. 13 A. In the event of a lack of capacity, the applicant shall have the opportunity to satisfy 14transportation concurrency requirements through the Proportionate Fair-Share Program subject 15to the requirements of subsection (b). 16 B. Prior to the submittal of an application, eligible applicants shall schedule a pre- 17application meeting with city staff. Subsequent to the pre-application meeting, eligible 18applicants shall submit a completed development application and all documentation requested 19by the city. If the impacted facility is on the Strategic Intermodal System (SIS), then FDOT 20will be notified and invited to participate in the pre-application meeting. The city shall also 21have the option of notifying and inviting Palm Beach County. 22 C. City staff shall review the application and certify that the application is sufficient and 23complete within fourteen (14) working days. If an application is determined to be insufficient, 24incomplete or inconsistent with the general requirements of the Proportionate Fair-Share 25Program as indicated in subsection (b), then the applicant will be notified in writing of the 26reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 27thirty (30) days of receipt of the written notification, then the application will be deemed 28withdrawn and all fees forfeited to the city, unless the city determines that the applicant is 29working toward a remedy of the stated deficiencies in good faith, in which case the city may 30extend the deadline as deemed appropriate by the city. 31 D. Pursuant to F.S. § 163.3180(16)(e), as amended from time to time, proposed 32proportionate fair-share mitigation for development impacts to facilities on the SIS requires the 33concurrency of the FDOT. The applicant shall submit evidence of an agreement between the 34applicant and the FDOT for inclusion in the proportionate fair-share agreement. 35 E. When an application is deemed sufficient and complete in accordance with 36subparagraph C., above, the applicant shall be advised in writing and a proposed proportionate 37fair-share obligation and binding agreement prepared by the city shall be executed by the 38applicant and delivered to the appropriate parties for review, including a copy to the FDOT for 39any proposed proportionate fair-share mitigation on a SIS facility, no later than sixty (60) days 40from the date at which the applicant received the notification of a sufficient and complete 41application. If the agreement is not received by the city within these sixty (60) days, then the October 27, 2010 30 CONCURRENCY MANANAGEMENT SYSTEM 1application will be deemed withdrawn and all fees forfeited to the city, unless the city 2determines that the applicant is working toward a remedy of the stated deficiencies in good 3faith, in which case the city may extend the deadline as deemed appropriate by the city. 4 F. No proportionate fair-share agreement will be effective until approved by the city 5through an administrative approval. 6(Ord. No. 07-006, § 5, 3-20-07) 7Sec. 5. Determining proportionate fair-share obligation. 8 A. Proportionate fair-share mitigation for transportation concurrency impacts may include, 9without limitation, separately or collectively, private funds, contributions of land, and 10construction and contribution of facilities. 11 B. A development eligible for participation under the Proportionate Fair-Share Program 12shall not be required to pay more than its proportionate fair-share. The fair market value of the 13proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the 14method of mitigation. 15 C. The methodology used to calculate a development's proportionate fair-share obligation 16shall be as provided for in F.S. § 163.3180(12), as follows: 17 18 The cumulative number of trips from the proposed development expected to reach roadways 19during peak hours from the complete build out of a stage or phase being approved, divided by 20the change in the peak hour maximum service volume (MSV) of roadways resulting from 21construction of an improvement necessary to maintain the adopted LOS, multiplied by the 22construction cost, at the time of developer payment, of the improvement necessary to maintain 23the adopted LOS. 24 Mathematically stated as: 25 Proportionate Fair-Share = [[(Development Tripsi)/(SV Increasei)] x Costi] 26 Where: 27 Development Tripsi = Those peak hour trips from the stage or phase of development under 28review that are assigned to roadway segment "i" and have triggered a deficiency per the city's 29concurrency management system; SV Increasei = Peak hour service volume increase provided 30by the eligible improvement to roadway segment "i" per subsection (b); 31 Costi = Adjusted cost of the improvement to segment "i". Cost shall include all 32improvements and associated costs, such as design, right-of-way acquisition, planning, 33engineering review, inspection, administration, and physical development costs directly 34associated with construction at the anticipated cost, including contingencies, in the year it will 35be incurred. October 27, 2010 31 CONCURRENCY MANANAGEMENT SYSTEM 1 D. For the purposes of determining proportionate fair-share obligations, the City Engineer 2shall determine improvement costs based upon the actual and/or anticipated cost of the 3improvement in the year that construction will occur. 4 E. If an improvement is proposed by the applicant, then the value of the improvement shall 5be based on an engineer's certified cost estimate provided by the applicant and approved by the 6City Engineer or by some other method approved by the City Engineer. 7(Ord. No. 07-006, § 5, 3-20-07) 8Sec. 6. Impact fee credit for proportionate fair-share mitigation. 9 A. Proportionate fair-share contributions shall be applied as a credit against road impact 10fees to the extent that all or a portion of the proportionate fair-share mitigation is used to 11address the same capital infrastructure improvements contemplated by road impact fees which 12may hereafter be established by the city. 13 B. The proportionate fair-share obligation is intended to mitigate the transportation impacts 14of a proposed project. As a result, any road impact fee credit based upon proportionate fair- 15share contributions for a proposed project cannot be transferred to any other project. 16(Ord. No. 07-006, § 5, 3-20-07) 17Sec. 7. Proportionate fair-share agreements. 18 A. Upon execution of a proportionate fair-share agreement ("agreement"), the applicant 19shall receive a certification of concurrency reservation for capital road facilities. Should the 20applicant fail to apply for a development permit within twelve (12) months, then the agreement 21shall be considered null and void, and the applicant shall be required to reapply, unless the city 22and the applicant mutually agree to an extension. 23 B. Payment of the proportionate fair-share contribution is due in full no later than issuance 24of the first building permit, and shall be non-refundable. If the payment is submitted more than 25ninety (90) days from the date of execution of the agreement, then the proportionate fair-share 26cost shall be recalculated at the time of payment, pursuant to subsection (e) and adjusted 27accordingly. 28 C. In the event an agreement requires the applicant to pay or build one hundred percent 29(100%) of one (1) or more road improvements, all such improvements shall be commenced 30prior to issuance of a building permit and assured by a binding agreement that is accompanied 31by a performance security, as determined by the city, which is sufficient to ensure the 32completion of all required improvements. 33 D. Dedication of necessary rights-of-way for facility improvements pursuant to a 34proportionate fair-share agreement shall be completed prior to issuance of the first building 35permit. 36 E. Any requested change to a development subsequent to the issuance of a development 37order may be subject to additional proportionate fair-share contributions to the extent the 38change would generate additional traffic that would require additional mitigation. October 27, 2010 32 CONCURRENCY MANANAGEMENT SYSTEM 1 F. Applicants may submit a letter to withdraw from the proportionate fair-share agreement 2at any time prior to the execution of the agreement. The application fee and any associated 3advertising costs paid to the city will be nonrefundable. 4(Ord. No. 07-006, § 5, 3-20-07) 5Sec. 8. Appropriation of fair-share revenues. 6 A. Proportionate fair-share revenues shall be placed in the appropriate project account for 7funding of scheduled improvements in the CIE, or as otherwise established in the terms of the 8proportionate fair-share agreement. Proportionate fair-share revenues may be used as the fifty 9percent (50%) local match for funding under the FDOT TRIP, or any other matching 10requirement for state and federal grant programs as may be allowed by law. 11 B. In the event a scheduled facility improvement is removed from the CIE, then the 12revenues collected for its construction may be applied toward the construction of another 13improvement within the city that would mitigate the impacts of development pursuant to the 14requirements of subsection (b). 15(Ord. No. 07-006, § 5, 3-20-07) 16 17 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 1 General Administration\Final\Article VI Concurrency.doc October 27, 2010 33 ADMINISTRATIVE AND DECISION MAKING BODIES ARTICLE VII. ADMINISTRATIVE AND DECISION MAKING BODIES 1 2 Section 1.General. 3 4 A.Conflict of Interest. 5 Section 15. Conflict of interest. No member of any of 6these elected or appointed boards established by the City Charter, City Commission, or 7Code of Ordinances boards shall have any interest, financial or otherwise, direct or 8indirect, or engage in any business transaction or professional activities or incur any 9obligation of any nature which is in conflict with the proper discharge of his / her 10duties in the public interest. In addition, all members of City Boards shall insure 11compliance with the provisions of Part II City Code of Ordinances, Chapter 2, Article 12XVI. 13 B. Appeals. 14 See Chapter 1, Article VIII for the procedures to appeal a 15decision made by any of these elected or appointed members. 16 Section 2. Director of Planning and Zoning. 17 18 A. General. 19Pursuant to the Charter of the City, there is hereby created the 20position of Director of Planning and Zoning. 21 B. Duties and Responsibilities. 22The duties and responsibilities of the 23Director of Planning and Zoning shall be: 24 1. 25 To implement the provisions of the Comprehensive Plan, including the 26supervision of and participation in specialized planning activities and research 27that is essential to the preparation of the Plan. 28 2. 29To coordinate the above plans with the Planning and Development 30Board as appropriate. 31 3. 32 To serve as principal agent of the City in contracted planning 33activities. This shall include preparation of the scope of work of each contract, 34as well as supervision of progress once contract is consummated. 35 4. 36 To act as technical advisor to department heads and similar officials on 37planning matters. 38 5. 39 To perform all work as required or directed by the City Manager or 40designee. 41 Section 3.Planning and Development Board. 42 43 A.Establishment and Composition. 44 45 1. 46 The City of Boynton Beach Planning and Development Board was 47created and established, consisting of seven (7) regular members and two (2) 48alternate members appointed by the City Commission. October 26, 2010 1 ADMINISTRATIVE AND DECISION MAKING BODIES 1 2. 2 The mayor and City Commission shall appoint the members of the 3Planning and Development Board in accordance with the appointment 4procedures followed by the Commission. The nomination shall be subject to 5the confirmation of a majority vote of the City Commission. 6 3. 7 In appointing members to the Planning and Development Board, the 8City Commission shall give preference, when possible, to urban planners, 9developers, realtors, and design professionals licensed in the disciplines of 10architecture, landscape architecture, and civil engineering. 11 4. 12 Each Board member and alternate member shall meet the minimum 13qualifications for appointment and membership as outlined in Part II City Code 14of Ordinances, Chapter 2, Article I, Section 2-16 and Section 2-17 15respectively. 16 B.Terms of Membership; Removal; Vacancies. 17 18 1. 19 On first appointment to the Board, three (3) members and two (2) 20alternate members shall each have an initial term of one (1) year. On first 21appointment to the Board, four (4) members shall have two-year terms. 22Thereafter, the term of office for each member of the Planning and 23Development Board shall be two (2) years. Subsequent alternate members 24shall be appointed for one-year terms. 25 2. 26The appointees of the Planning and Development Board shall be 27members until their term expires. Each member shall remain until his 28successor is duly appointed and qualified. Any member appointed to serve in 29lieu of any member on account of death, resignation, removal or disability of 30such member, shall serve only for the unexpired term of such original member. 31 3. 32 Should a member of the Planning and Development Board move 33outside the city limits, the member shall become disqualified, and a new 34member shall be appointed by the City Commission. 35 4. 36 Any vacancy shall be filled with an appointment by the City 37Commission. 38 5. 39 The City Commission shall appoint two (2) alternate members to serve 40when members of the Planning and Development Board are absent. The 41alternates shall reside within the jurisdictional boundaries of the City and all 42other restrictions set forth herein which pertain to members of the Planning 43and Development Board shall apply to the alternates. 44 6. 45A member of the Board is permitted to have three (3) absences during 46any one (1) year period. The fourth absence shall result in removal from the 47Board. 48 October 26, 2010 2 ADMINISTRATIVE AND DECISION MAKING BODIES C. Selection of Chair and Vice Chair. 1At the first regular meeting of the 2Planning and Development Board in January of each year, the Board shall elect a 3chairperson and vice chairperson from among its members. 4 D. Rules of Procedures. 5 6 1. 7 The Planning and Development Board shall meet on the fourth Tuesday 8of each month unless otherwise rescheduled in connection with holidays, 9planned absences, or at other such times as the chairperson may determine. 10The Board shall operate in accordance with Robert's Rules of Procedure as 11amended and clarified from time to time. All meetings of the Board shall be 12open to the public, and a record of all meetings shall be kept and maintained in 13accordance with Florida Public Records Laws. 14 2. 15 On behalf of the Board, the City Clerk shall keep minutes of its 16proceedings, showing the vote of each member on each question, or if absent 17or abstaining, indicating such fact.No member shall abstain from voting 18unless he or she has a conflict of interest pursuant to the provisions contained 19herein or in accordance with Chapter 112, Florida Statutes.The records of the 20Board shall be filed in the office of the City Clerk and shall be public records. 21 E. Quorum. 22 Four (4) members of the Planning and Development Board who 23are in attendance shall constitute a quorum for the purpose of convening a meeting and 24transacting the business at hand. 25 F. Advisory Authority, Functions, Powers, and Duties. 26The Planning and 27Development Board shall act in an advisory capacity to the City Commission by 28conducting investigations and holding public hearings regarding the following: 29 1. 30 Ordinances, regulations, and other proposals promoting orderly 31development along lines indicated as desirable by the Comprehensive Plan. 32 2. 33 Proposed developments and determination of conformance to the 34principles and requirements of the Comprehensive Plan and Land 35Development Regulations. 36 3. 37 Changes or amendments relating to the boundaries of the City, its 38zoning districts, or future land use map classifications. 39 4. 40 Changes or amendments to the text of the Comprehensive Plan or Land 41Development Regulations. 42 5. 43 Other duties which may be lawfully assigned to it, or which may have a 44bearing on the preparation or accomplishment of the plan. 45 6. 46 Project designs, aesthetics, quality, and impact upon the value of 47property and the physical environment of the City; and 48 October 26, 2010 3 ADMINISTRATIVE AND DECISION MAKING BODIES 7. 1 To promotion of sustainable development activities. 2 G. Review of Applications. 3Staff shall review each of the following types of 4applications and requests and make a recommendation to the Planning and 5Development Board, who shall have the authority and duty to hear and make 6recommendations to the City Commission: 7 1. 8 Annexation; 9 2. 10 Comprehensive Plan Amendments; 11 3. 12 Conditional Use; 13 4. 14 Rezoning; 15 5. 16 Master Plan (New); 17 6. 18 Major Master Plan Modification; 19 7. 20 Site Plan; 21 8. 22 Site Plan Time Extension; 23 9. 24 Major Site Plan Modification; 25 10. 26 Vacation and Abandonment; 27 11. 28 Master Site Plan (New); 29 12. 30 Major Master Site Plan Modification; 31 13. 32 Use Approval; 33 14. 34 Waiver (in PID); 35 15. 36 Community Design Appeal; 37 16. 38 Height Exception; 39 17. 40 Variance to Land Development Regulations; 41 18. 42 Wireless Communication Facilities (WCF). 43 H. Action. 44No action of the Planning and Development Board shall be 45considered a final action of the City until ratified by the City Commission. The 46procedure for ratification shall be as follows: 47 October 26, 2010 4 ADMINISTRATIVE AND DECISION MAKING BODIES 1. 1 All matters which have been reviewed and acted on by the Board shall 2be summarized in writing as a proposed Development Order. The form of the 3proposed Development Order shall be approved by the City Attorney. 4 2. 5 All proposed Development Orders shall be submitted to the City 6Commission at a regular City Commission meeting following action by the 7Board. When a legislative item, such as a land use amendment is consolidated 8with a quasi-judicial item, such as a rezoning, both items shall proceed using 9the quasi-judicial process, but consolidation shall not alter the legal standard 10for review, or the burden of proof. 11 3. 12 The City Commission may table a proposed Development Order to 13ensure that proper notice and opportunity to be heard is provided to the 14applicant, the public, and any other interested parties. All documents and 15evidence that were submitted to the Planning and Development Board 16constitute part of the record of the proceeding before the City Commission and 17it is presumed that the City Commission accepted and considered the 18documents and evidence in its consideration of the issues before the 19Commission. 20 4. 21 Following approval of a Development Order by the City Commission, 22the City Clerk shall date and sign the Development Order and issue it as a final 23order. 24 Section 4. Historic Resources Preservation Board. 25 26 A. Terms and Definitions. 27See Chapter 1, Article II for all applicable terms 28and definitions which pertain to the regulations and standards contained herein. 29 B. Establishment, Composition and Terms. 30 The Historic Resources 31Preservation Board shall consist of seven (7) members and two (2) alternate members 32who shall be appointed by the City Commission. Members shall reside or have a 33principal place of business in the City.A minimum of two (2) members shall be 34chosen from among the disciplines of architecture, history, architectural history, 35archaeology, landscape architecture or planning. A minimum of three (3) additional 36members of the Board shall be experienced in the areas of commercial development, 37real estate, banking or law. The two (2) remaining members shall be citizen members 38at large. The two (2) alternate members shall be from any of the foregoing professions 39or citizen members at large. All members shall have demonstrated a special interest, 40experience or knowledge in historic preservation or closely related disciplines. 41 42Members of the Board shall serve three (3) year terms. Of the initial appointments, 43four (4) members shall be appointed for a term of three (3) years and three (3) 44members shall be appointed for a term of two (2) years. Alternate members shall be 45appointed for a term of two (2) years. Vacancies on the Board, including expired terms 46shall be filled by persons with the same background as the original appointee, or 47related field, in order to maintain the desired Board makeup. 48 October 26, 2010 5 ADMINISTRATIVE AND DECISION MAKING BODIES C. Procedures and Quorum. 1 The Board shall establish rules of procedures, 2subject to any limitations prescribed by law. Four (4) members shall constitute a 3quorum for the transaction of business. 4 5The Board shall select a chairman and other officers and shall prescribe their duties 6and powers. Planning and Zoning staff and a City Attorney shall attend all meetings, 7acting in an advisory capacity and participating fully in Board discussions, but having 8no right to vote. The Board shall keep minutes of it proceedings, record the vote on 9each question and keep records of its discussions, recommendations and other official 10actions. 11 D. Removal. 12 Any member of the Board may be removed pursuant to the 13procedures outlined in the City Code of Ordinances. 14 E. Powers and Duties of the Board. 15The Board shall have the following 16powers and duties: 17 1. 18 To recommend to the City Commission the following: 19 a. 20 Nomination of Properties and Districts to the National Register 21of Historic Places, as a required duty of being a Certified Local 22Government. 23 b. 24 Nominations of Properties and Districts to the Boynton Beach 25Register of Historic Places. 26 c. 27 Adoption, modification, or replacement of a Design Guidelines 28Handbook. 29 2. 30 To hold public hearings and to approve or deny applications for 31Certificates of Appropriateness or Certificates of Economic Hardship affecting 32proposed or designated Properties or Properties within Districts; 33 3. 34 To advise and assist owners of Properties on physical and financial 35aspects of preservation, renovation, rehabilitation and reuse, and on procedures 36for inclusion in the National Register of Historic Places; 37 4. 38 To call upon available City staff members as well as other experts for 39assistance and/or technical advice; 40 5. 41 To testify before all boards and commissions on any matter affecting 42historically, culturally and architecturally significant Properties; 43 6. 44 To confer recognition upon the owners of Properties and Districts by 45means of certificates, plaques or marker; 46 7. 47 To recommend amendments or changes to this ordinance. 48 October 26, 2010 6 ADMINISTRATIVE AND DECISION MAKING BODIES 8. 1 To inform and educate the citizens of the City concerning the historic, 2cultural and architectural heritage of the City; and 3 9. 4 To undertake any other actions or activity necessary or appropriate to 5the implementation of its powers and duties or to implementation of the 6purpose of this ordinance. 7 Section 5.City Commission. 8 9 A.Local Planning Agency. 10 The City Commission is hereby designated as the 11City's local planning agency to act on behalf of the city under the terms and provisions 12of the local government Comprehensive Planning Act, having the general 13responsibility for overseeing a comprehensive planning program and the preparation 14and amendment of the Comprehensive Plan or elements or portions thereof applicable 15to the areas under the jurisdiction of the City as provided in said Act. 16 B.Finality and Review. 17 All decisions of the Planning and Development 18Board shall be advisory to the City Commission. Once final, a decision may be 19reviewed by the filing of a Petition for Writ of Certiorari in the Circuit Court of the 2015th Judicial Circuit in and for Palm Beach County, Florida, and in accordance with 21the procedure and within the time provided by court rule and such time shall 22commence to run from the date of the decision sought to be reviewed. 23 24ARTICLE I.IN GENERAL 25 26Section 1. Planning and development board—Establishment and composition. 27 A. A City of Boynton Beach Planning and Development Board is hereby created and 28established, consisting of seven (7) regular members and two (2) alternate members appointed by the 29City Commission of the City of Boynton Beach, Florida. 30 31 B. The mayor and City Commission shall appoint the members of the Planning and 32Development Board in accordance with the appointment procedures followed by the Commission. 33The nomination shall be subject to the confirmation of a majority vote of the City Commission. 34 35 C. All members of the Planning and Development Board must be residents of the City of 36Boynton Beach, Florida. 37 38 D. The Commission in appointing members to the Planning and Development Board shall give 39preference, when possible, to design professionals licensed in the disciplines of architecture, 40landscape architecture, landscape design and planning. 41 42(Ord. No. 00-71, § 2, 12-19-00; Ord. No. 08-001, § 2, 1-15-08) 43 44Section 2. Terms of offices; removal; vacancies. 45 A. On first appointment to the Board, three (3) members and two (2) alternate members shall 46each have an initial term of one (1) year. On first appointment to the Board, four (4) members shall 47have two-year terms. Thereafter, the term of office for each member of the Planning and October 26, 2010 7 ADMINISTRATIVE AND DECISION MAKING BODIES 1Development Board shall be two (2) years. Subsequent alternate members shall be appointed for one- 2year terms. 3 4 B. The members of the Planning and Development Board shall hold office until the first Tuesday 5in April of the year such members' terms expire. Each member shall hold office until his successor is 6duly appointed and qualified. Any member appointed to serve in lieu of any member on account of 7death, resignation, removal or disability of such member, shall serve only for the unexpired term of 8such original member. 9 10 C. Should a member of the Planning and Development Board move outside of the jurisdictional 11boundaries of the city, the member shall become disqualified, and a new member shall be appointed 12by the City Commission. 13 14 D. Any vacancy occurring shall be filled by the City Commission. 15 16 E. The City Commission shall appoint two (2) alternates to serve when members of the Planning 17and Development Board are absent. The alternates shall reside within the jurisdictional boundaries of 18the city and all other restriction set forth in Sections 1 through 6 as to members of the Planning and 19Development Board shall apply to the alternates. Alternate members shall have preference in 20appointment to vacancies created by death, resignation, removal or end of term of regular members. 21 22 F. A member of the Board is permitted to have three (3) absences during any one year period. 23The fourth absence shall result in removal from the board. 24 25(Ord. No. 97-44, § 1, 9-2-97; Ord. No. 01-60, § 2, 12-18-01; Ord. No. 08-001, § 2, 1-15-08) 26 27Section 3. Selection of chair and vice chair: rules of procedure. 28 A. At the first regular meeting of the Planning and Development Board in April of each year, the 29Board shall elect a chairman and vice chairman from among its members. 30 31 B. The Planning and Development Board shall meet on the fourth Tuesday of each and every 32month, and at such other times as the chairman may determine. The board shall operate in accordance 33with Robert's Rules of Procedure as amended and clarified from time to time. All meetings of the 34Board shall be open to the public, and a record of all meetings shall be kept and maintained in 35accordance with Florida Public Records Laws. 36 37 C. The chairperson, or in his or her absence, the acting chairperson, may administer oaths and 38compel the attendance of witnesses. The Board shall keep minutes of its proceedings, showing the 39vote of each member on each question, or if absent or abstaining, indicating such fact. No member 40shall abstain from voting unless he or she has a conflict of interest pursuant to the provisions 41contained herein or in accordance with Chapter 112, Florida Statutes. The records of the Board shall 42be filed in the office of the city clerk and shall be public records. 43 44(Ord. No. 01-13, § 2, 3-6-01; Ord. No. 08-001, § 2, 1-15-08) 45 46Section 4. Advisory authority, functions, powers, and duties. 47 A. The Planning and Development Board shall have the authority and duty to consider and 48recommend upon applications for land development activity, as hereinafter set forth, after first October 26, 2010 8 ADMINISTRATIVE AND DECISION MAKING BODIES 1considering the recommendations thereon of the city staff. In making its recommendations to the City 2Commission the Board should consider the impact of the proposed development activity and whether 3or not the development will generate excessive noise or traffic; tend to create a fire, disease or other 4equally or dangerous hazards; provoke excessive overcrowding or concentration of people or 5population; be in harmony and compatible with the present and future developments of the area 6concerned; conserve the value of buildings and encourage the most appropriate use of land and water; 7provide adequate light and air; promote such distribution of population and such classification of land 8uses, development and utilization as will tend to facilitate and provide adequate provisions for public 9requirements, including, but not limited to, transportation, water flowage, water supply, drainage 10sanitation educational opportunities, recreation, soil fertility, environmental protection, and food 11supplies; prohibit wasteful and excessive scattering of population of settlements; conform to the 12character of the district and its particular suitability for particular uses; be consistent with the needs of 13the city for land areas for specific purposes to serve population economic activities; protect the tax 14base; facilitate and carry forward the intent and purpose of the city's comprehensive plan; would not 15be disruptive to the character of the neighborhood or adverse to play grounds, parks, schools and 16recreation areas; would not be adverse to the promotion of public health, safety, comfort, convenience, 17order, appearance, prosperity or general welfare. 18 19 B. The Planning and Development Board shall have all powers heretofore vested in the planning 20and zoning board and the community appearance board. 21 22 C. The Planning and Development Board shall be responsible for all duties heretofore carried 23out by the planning and zoning board and the community appearance board. 24 25 D. All references in the Land Development Regulations of the City of Boynton Beach to the 26planning and zoning board or to the community appearance board shall hereinafter be construed to 27mean the Planning and Development Board. 28 29 E. Provide recommendations to the community redevelopment agency for matters related to the 30central business district. 31 32 1. The Board shall have the power to issue nonbinding recommendations to the community 33redevelopment agency on matters specifically referred to it by the community redevelopment agency. 34 35 2. The Board shall have no other powers with respect to the central business district and the 36community redevelopment agency unless specifically granted or assigned by the City Commission. 37 38 3. All administrative staff and any other staff support for the duties of the Board as set forth 39in this subsection shall exclusively be provided by the City of Boynton Beach Department of 40Community Improvement under the direction and supervision of the city manager. 41 42(Ord. No. 97-15, § 1, 5-20-97; Ord. No. 08-001, § 2, 1-15-08) 43 44Sec. 4.1. Advisory functions, powers, and duties. 45 A. The Planning and Development Board shall have the authority and duty to hear and make 46recommendations to the City Commission on all applications for land development matters, including 47the following: 48 October 26, 2010 9 ADMINISTRATIVE AND DECISION MAKING BODIES 1 1. Annexation. 2 3 2. Code review. 4 5 3. Comprehensive plan text amendment. 6 7 4. Consistency review. 8 9 5. Development of regional impact amendment. 10 11 6. Height exception. 12 13 7. Land use plan amendment/rezoning. 14 15 8. Rezoning. 16 17 9. Telecommunication towers (waiver or reduction of separation requirements and/or special 18exception regarding application rejection). 19 20 10. Conditional Use Approval. 21 22 11. Abandonment. 23 24 12. Administrative appeal. 25 26 13. Community Design Plan appeal. 27 28 14. Concurrency appeal. 29 30 15. Concurrency time extension. 31 32 16. Landscape appeal. 33 34 17. Master plan modification. 35 36 18. Master plan time extension. 37 38 19. Major site plan modification. 39 40 20. New site plan. 41 42 21. Site Plan time extension. 43 44 22. Subdivision - master plan. 45 46 23. Use approval. 47 48 24. Zoning code appeal. October 26, 2010 10 ADMINISTRATIVE AND DECISION MAKING BODIES 1 2 25. Conditional use approval time extension. 3 4 26. Sidewalk cafes. 5 6 B. Except for actions taken regarding mobile vendor applications, no action of the Planning and 7Development Board shall be considered a final action of the City until ratified by the City 8Commission. The procedure for ratification shall be as follows: 9 10 1. All matters which have been reviewed and acted on by the Planning and Development 11Board shall be reduced to writing as a proposed Development Order. The form of the proposed 12Development Order shall be approved by the City Attorney. 13 14 2. All proposed Development Orders shall be submitted to the City Commission at a regular 15City Commission meeting following action by the Planning and Development Board. When a 16legislative item, such as a land use amendment is consolidated with a quasi-judicial item, such as a 17rezoning, both items shall proceed using the quasi-judicial process, but consolidation shall not alter 18the legal standard for review, or the burden of proof. 19 20 3. The City Commission may table a proposed Development Order to insure that proper 21notice and opportunity to be heard is provided to the applicant, the public, and any other interested 22parties. All documents and evidence that were submitted to the Planning and Development Board 23constitute part of the record of the proceeding before the City Commission and it is presumed that the 24City Commission accepted and considered the documents and evidence in its consideration of the 25issues before the Commission. 26 27 4. Following approval of a Development Order by the City Commission, the City Clerk shall 28date and sign the Development Order and issue it as a final order. 29 30(Ord. No. 97-22, § 1, 6-17-97; Ord. No. 97-41, §§ 1, 2, 8-19-97; Ord. No. 00-64, § 7, 12-5-00; Ord. 31No. 06-013, § 2, 2-7-06; Ord. No. 08-001, § 2, 1-15-08) 32 33Section 5. Commission designated statutory planning agency. 34 The City Commission is hereby designated as the city's local planning agency to act on behalf of 35the city under the terms and provisions of the local government Comprehensive Planning Act, having 36the general responsibility for the conduct of a comprehensive planning program and the preparation, 37supervision and amendment of the comprehensive plan or elements or portions thereof applicable to 38the areas under the jurisdiction of the city as provided in said act. 39 40Section 6. Finality and Review. 41 All decisions of the Planning and Development Board shall be advisory to the City Commission. 42Once final, a decision may be reviewed by the filing of a Petition for Writ of Certiorari in the Circuit 43Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, and in accordance with the 44procedure and within the time provided by court rule and such time shall commence to run from the 45date of the decision sought to be reviewed. 46 47(Ord. No. 97-15, § 1, 5-20-97; Ord. No. 08-001, § 2, 1-15-08) 48 October 26, 2010 11 ADMINISTRATIVE AND DECISION MAKING BODIES 1Section 7. Comprehensive plan adopted; authority, purpose, preemption. 2 A. Authority. Ordinance No. 89-38 is adopted in compliance with, and pursuant to, the Local 3Government Comprehensive Planning and Land Development Regulation Act. Section 163.3184, 4et.seq., Florida Statutes, and Chapter 9J-5, Florida Administrative Code. 5 6 B. Purpose and intent. 7 8 1. It is hereby declared that the purpose of such ordinance is to preserve and enhance the 9existing quality of life; encourage the most appropriate use of land, water and resources consistent 10with the public interest; address current problems which have occurred because of the use and 11development of land; and deal effectively with future problems which may occur as a result of the use 12and development of land. Through the implementation of the 1989 Comprehensive Plan and those 13elements adopted herein by Ordinance No. 89-38, it is the intent of the City Commission of the City of 14Boynton Beach, Florida, to preserve, promote, protect and improve the public health, safety, comfort, 15good order, appearance, convenience, law enforcement and fire prevention, and general welfare; to 16prevent the overcrowding of land and to avoid undue concentration of populations; to minimize urban 17sprawl; to encourage the development and redevelopment of the coastal community; to ensure that the 18existing rights of property owners be preserved in accord with the Constitutions of the State of Florida 19and of the United States; to plan for and guide growth and development within the city by providing 20greater specificity and certainty in the land planning process, by preparing a financially feasible plan, 21by establishing a concurrency management system, by providing for appropriate minimum levels of 22service for the necessary public facilities to accommodate existing populations and future growth, by 23coordinating local decisions relating to growth and development, and by ensuring consistency with the 24state, regional and county comprehensive plans. 25 26 2. The provisions of the elements adopted by Ordinance No. 89-38 are declared to be the 27minimum requirements necessary to accomplish the aforesaid stated intent, purpose and objectives of 28the ordinance; and they are declared to be the minimum requirements to maintain, through orderly 29growth and development, the character and stability of present and future land use and development in 30this city. Nothing in this plan is to be construed to limit the powers and authority of the City 31Commission of the City of Boynton Beach to enact ordinances, rules or regulations that are more 32restrictive than the provisions of this plan. 33 34 3. Nothing in this comprehensive plan, or in the land development regulations adopted 35consistent with its requirements shall be construed or applied to as to result in an unconstitutional 36temporary or permanent taking of private property or the abrogation of validly existing vested rights. 37 38 C. Adoption; elements. Pursuant to the Local Government Comprehensive Planning and Land 39Development Regulations Act, Section 163.3184, et seq., Florida Statutes, the City of Boynton Beach 40hereby adopts the 1989 Comprehensive Plan of this city, consisting of the following elements; Future 41Land Use, Housing, Utilities (which includes the sub-elements of Sanitary Sewer, Potable Water, 42Solid Waste, Drainage and Natural Groundwater Aquifer Recharge), Conservation, Recreation and 43Open Space, Traffic Circulation, Coastal Management, Intergovernmental Coordination and Capital 44Improvement. 45 46 D. Preemption. In the event that the 1989 Comprehensive Plan is more restrictive than existing 47development regulations, the provisions of the 1989 comprehensive Plan shall prevail. 48 October 26, 2010 12 ADMINISTRATIVE AND DECISION MAKING BODIES 1 E. Future land use map. 2 3 1. Adoption. The designation boundaries hereinafter set forth and delineated on the future 4land use map, including all explanatory matter thereon, is hereby adopted. The future land use map 5shall be maintained as a digital format GIS document. The most recent version of the land use map 6shall be kept on file, in printed form, in the office of the City Clerk. 7 8 2. Updates. The City Commission may amend the future land use map from time to time by 9ordinance. The revision dates and ordinance numbers shall be maintained in a separate data file in the 10office of the City Clerk. 11 12(Ord. No. 01-61, § 1, 12-18-01; Ord. No. 05-025, § 2, 6-21-05) 13 14Section 8. Position of director of planning created; appointment, tenure. 15 Pursuant to the Charter of the city, there is hereby created the classified position of director of 16planning, said position to be filled by appointment by the city manager, said officer to serve at the 17pleasure of the city manager. 18 19Section 9. Duties, responsibilities of director of planning. 20 The duties and responsibilities of the director of planning shall be: 21 22 A. To formulate and carry out technical details and phases of the general plan for the future 23comprehensive development of the city. This shall include supervising and directly participating in 24the performance of the specialized planning activities and research essential to the preparation of the 25general plan. Incumbent shall be responsible for the coordination and successful execution of studies 26and programs. Work shall be performed under general direction of the city manager. 27 28 B. To coordinate the above plans with the Planning and Development Board as appropriate. 29 30 C. To serve as principal agent of the city in all contracted planning activities. This shall include 31preparation of the scope of work of each contract, as well as supervision of progress once contract is 32consummated. 33 34 D. To act as technical advisor to department heads and similar officials on all planning matters. 35 36 E. To perform related work as required or directed by city manager. 37 38(Ord. No. 08-001, § 2, 1-15-08) 39 40 41Section 11. Concurrency review board. 42 A. Reserved. 43 44 B. Reserved. 45 46 C. Concurrency review board. A concurrency review board is hereby established, which shall 47consist of the utilities director, the recreation and parks director, the public works director, the city 48engineer, the planning and zoning director, and the director of development, or their duly authorized October 26, 2010 13 ADMINISTRATIVE AND DECISION MAKING BODIES 1representatives. The city manager may include himself and/or the city attorney on this board, at the 2discretion of the city manager, either permanently or for the purpose of reviewing particular 3applications. A quorum of this board shall consist of three (3) members, and all actions by the board 4shall be by simple majority vote, unless the votes are evenly split, in which case, the vote of the board 5shall simply be transmitted to the Planning and Development Board. The concurrency review board 6or its members may consult with the city attorney, city manager and any other government officer or 7agency involved with the provision or regulation of public facilities, as well as the state land planning 8agency and the regional planning council, with respect to any matter which is to be considered by the 9board. 10 11 D. All actions by the concurrency review board, city manager, Planning and Development Board 12and City Commission with respect to an appeal shall be based upon applicable provisions of Florida 13law, the city's comprehensive plan, other applicable provisions of the city's Land Development 14Regulations, the provisions of this article, the plans, programs, and regulations of those agencies 15which provide or regulate public facilities, accepted engineering principals, and applicable criteria set 16forth in Sections 13 or 14. 17 18 E. Reserved. 19 20 F. The concurrency review board shall review each appeal with respect to the criteria set forth in 21Section 11.D, and shall forward its recommendation as well as the vote of each of its members to the 22Planning and Development Board, and shall notify city manager of its recommendations. Any action 23by the concurrency review board may be appealed as outlined in Chapter 1, Article VII, Section 2. 24 25 G. Duties. 26 27 1. Hear and decide appeals of administrative decisions or determinations denying certificate 28of concurrency and/or a conditional certificate of concurrency. 29 30 2. Hear and decide appeals for time extensions to a certificate of concurrency or conditional 31certificate of concurrency. 32 33 3. Hear and decide appeals when a determination is made that a particular development order 34or permit is not exempt from concurrency requirements. 35 36(Ord. No. 96-50, § 3, 1-21-97; Ord. No. 02-033, §§ 2, 4, 8-20-02; Ord. No. 08-001, § 2, 1-15-08) 37 38Section 12. Reserved. 39Section 13. Reserved. 40Section 14. Certification of concurrency or exemption upon request. 41 Any property owner, contract purchaser, developer or prospective developer, or their agent, may, 42with the written consent of the property owner, request the planning department to certify that the 43development order or permit for the property is exempt from the concurrency requirements, or is not 44exempt but otherwise complies with such requirements, with the following exceptions: 45 46 A. Any development order or permit has been issued or is contemplated for a single-family or 47duplex lot located within a subdivision plat which was recorded prior to January 13, 1978; and 48 October 26, 2010 14 ADMINISTRATIVE AND DECISION MAKING BODIES 1 B. Any development order or permit which has been issued or which is contemplated on 2property lying within any recorded subdivision plat for which the on-site water, sewer, paving and 3drainage improvements have been accepted by the city, or the twenty-one-month time limit for the 4completion of such improvements has not expired; and 5 6 C. Any structure which has received a certificate of occupancy or is otherwise lawfully 7occupied; and 8 9 D. Any site plan or conditional use for which less than one year has passed since the approval 10date of same; and 11 12 E. Any property, use of property, or structure for which a development order or permit has not 13been issued or applied for. 14 15For the development orders and permits listed under subsections A through E above the planning 16department shall not be required to provide a written exemption determination, or is not exempt but 17otherwise complies with the city's concurrency requirements. 18 19 20Section 15. Reserved. 21 22 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 1 General Administration\Final\Article VII Administrative and Decision 23 Making Bodies.doc 24 25 October 26, 2010 15 APPEALS ARTICLE VIII. APPEALS 1 2 3D.ASSIGNMENT OF APPEALS. 4 Section 1.Administrative Official. 5 6 A. Eligibility. 7 Appeals of a decision of an administrative official may be taken 8by any person aggrieved, or by any officer, Board, or bureau of the governing body 9affected by any decision of an administrative official under any ordinance enacted 10pursuant to the Land Development Regulations. 11 B. Filing. 12Appeals of a decision of an administrative official, excluding the 13Building Official, shall be filed within 15 calendar days after rendition of the order, 14requirement, decision, or determination made by the administrative official. For appeals 15of a decision made by the Building Official, the notice of appeal shall be in writing and 16filed within 30 calendar days after such decision is rendered. When necessary, a current 17certified survey and a fee as adopted by resolution of the City Commission, plans, 18drawings, documents and / or other material constituting the record upon which the 19action was taken shall be collected by the administrative official and, together with the 20completed appeal, forwarded to the appropriate appeal Board for placement on the 21Board's next available agenda. 22 C. Stay of Work. 23Upon posting of acceptable surety (see Chapter 2, Article 24III, Section 6) by the appellant in an amount equal to 110% of the potential costs of 25delays and damages as certified by a design professional, all work on the premises and 26all proceedings in furtherance of the action appealed will be stayed, unless the 27administrative official from whom the appeal was taken, certifies that by reason of facts 28stated in the certificate, a stay would cause imminent peril of life or property. In such 29case, proceedings or work shall not be stayed except by a restraining order which may 30be granted by the Board or by a court of record on application, on notice to the officer 31from whom the appeal is taken and on due cause shown. 32 D.Assignment of Appeals. 33 The City Commission or the Building Board of 34Adjustment and Appeals shall review all appeals. The assignment of each is as follows: 35 1.City Commission. 36 The City Commission shall hear and decide all 37appeals regarding the administration, interpretation, or enforcement of any 38standard, provision, or regulation contained in the land development regulations, 39except for that which is identified in subparagraph “b” below. 40 2. Building Board of Adjustment and Appeals 41. The owner of a building, 42structure, or service system, or duly authorized agent may appeal a decision of 43the Building Official in his / her enforcement or administration of Chapter 4, 44Article IX Building, Construction and Historic Preservation Requirements; 45Chapter 4, Article X Flood Prevention Requirements; or whenever any one of 46the following conditions are claimed to exist: 47 November 10, 2010 1 APPEALS a. 1 The Building Official rejected or refused to approve the mode or 2manner of construction proposed to be followed or materials to be used 3in the installation or alteration of a building, structure, or service system; 4 b. 5 The provisions of the City’s current edition of the Administrative 6Amendments to the Florida Building Code do not apply to this specific 7case; 8 c. 9 That an equally good or more desirable form of installation can 10be employed in a specific case; 11 d. 12 The true intent and meaning of the City’s current edition of the 13Administrative Amendments to the Florida Building Code have been 14misconstrued or incorrectly interpreted. 15 E.Hearing of Appeals. 16 The City Commission or Building Board of Adjustment of 17Appeals shall fix a reasonable time for the hearing of the appeal, give public notice 18thereof, as well as due notice to the parties in interest. Upon the hearing, any party may 19appear in person, by agent or by attorney. 20 F.Review of Administrative Orders. 21 In exercising its powers, the City 22Commission or the Building Board of Adjustment and Appeals may, reverse or affirm, 23wholly or partly, or may modify the order, requirement, decision, or determination made 24by an administrative official and may make any necessary order, requirement, decision, 25or determination, and to that end, shall have all the powers of the officer from whose 26action is being appealed. The concurring vote of a majority of the members present 27shall be necessary to reverse any order, requirement, decision, or determination of any 28administrative official or to decide in favor of the applicant on any matter upon which 29the Board or commission is required to pass. 30 G.Indemnification. 31 In the event a claim or lawsuit is brought against the City, 32its officers, employees, servants or agents, the applicant hereby agrees to indemnify, 33save, and hold harmless the City, its officers, employees, servants or agents and to 34defend said persons from any such claims, liabilities, causes of action, and judgments of 35any type whatsoever arising out of or relating to the appeals from decisions of an 36administrative official whether the appellant is the applicant or any other party. The 37appellant agrees to pay all costs, attorney's fees, and expenses incurred by the City, its 38officers, employees, servants or agents in connection with such claims, liabilities or 39suits. Nothing contained herein, however, shall act as a waiver of any of the City's 40immunities provided for in Florida Statutes, Section 768.28. 41 Section 2.Building Board of Adjustment and Appeals. 42 43 A.Eligibility. 44 Appeals of decisions by the Building Board of Adjustment and 45Appeals may be taken by any aggrieved party affected by a Board decision. 46 B.Filing. 47 Appeals for judicial relief shall be filed with the Palm Beach County 48Circuit Court within 30 calendar days after rendition of a Board decision. November 10, 2010 2 APPEALS 1 23. Any person aggrieved by the decision of the building board of adjustment and 3appeals or any taxpayer may appeal such decision to the circuit court as provided in 4Florida law. 5 Section 3.City Commission. 6 7 A.Eligibility. 8 Appeals of decisions by the City Commission may be taken by 9any aggrieved party affected by a City Commission decision. 10 B.Filing. 11 Appeals for judicial relief shall be filed with the Palm Beach County 12Circuit Court within 30 days calendar days after rendition of the City Commission 13decision. 14 Section 4. Withdrawal or Denial of Appeal. 15 16 A. Refiling After Denial. 17Upon denial of an application for relief hereunder, 18in whole or in part, a period of one (1) year must elapse prior to the filing of a 19subsequent application affecting the same property or any portion thereof. 20 B.Refiling After Withdrawal with Prejudice. 21 Upon the withdrawal of an 22application, in whole or in part, a period of six (6) months must elapse prior to the filing 23of a subsequent application affecting the same property or any portion thereof, unless, 24however, the decision of the applicable Advisory Board is without prejudice; and 25provided that the period of limitation shall be increased to a two-year waiting period in 26the event such an application, in whole or in part, has been twice or more denied or 27withdrawn. 28 C.Refiling After Withdrawal without Prejudice. 29 An application may be 30withdrawn without prejudice by the applicant as a matter of right; provided the request 31for withdrawal is in writing and executed in a manner and on a form prescribed by the 32Building Board of Adjustment and Appeals and filed with the Board at least one (1) 33week prior to any hearing scheduled concerning the application; otherwise, all such 34requests for withdrawal shall be with prejudice. When an application is withdrawn 35without prejudice, the time limitations for re-application provided herein shall not apply. 36 No application may be withdrawn after final action has been taken. 37 38Section 1. Appeals from decisions of an administrative official. 39 40 A. ELIGIBILITY. Appeals of decisions of an administrative official may be taken by any 41person aggrieved or by any officer, board, or bureau of the governing body affected by any 42decision of an administrative official under any ordinance enacted pursuant to the Land 43Development Regulations of the City of Boynton Beach. 44 45 B. FILING. Appeals shall be filed within fifteen (15) calendar days after rendition of the 46order, requirement, decision, or determination with the official from whom the appeal is taken 47specifying the grounds for the appeal. A current certified survey and a fee as adopted by 48resolution of the City Commission, plans, drawings, documents and/or other material November 10, 2010 3 APPEALS 1constituting the record upon which the action was taken shall be collected by the administrative 2official and, together with the completed appeal, forwarded to the appropriate appeal board for 3placement on the board's next available agenda. 4 5 C. STAY OF WORK. Upon posting of acceptable surety (see Chapter 7) by the appellant 6in an amount equal to 110% of the potential costs of delays and damages as certified by a design 7professional, all work on the premises and all proceedings in furtherance of the action appealed 8from will be stayed, unless the official from whom the appeal was taken certifies that by reason 9of facts stated in the certificate, a stay would cause imminent peril of life or property. In such 10case, proceedings or work shall not be stayed except by a restraining order which may be 11granted by the board or by a court of record on application, on notice to the officer from whom 12the appeal is taken and on due cause shown. 13 14 D. ASSIGNMENT OF APPEALS. The City of Boynton Beach has several 15boards/commissions which deal with a variety of appeals, variances, exemptions, exceptions, 16etc., as follows: 17 18 1. The building board of adjustment and appeals will hear and decide appeals of 19administrative decisions or determinations made in the enforcement or administration of LDR 20Chapter 20, Building, Housing and Construction Regulations and the various building codes 21and ordinances adopted by the City. See LDR Chapter 20, Article VII, Section 2D for detailed 22information. 23 24 2. The City Commission will hear and decide appeals of administrative decisions or 25determinations in the enforcement or administration of excavation, dredging and/or fill permits; 26platting; major/minor site plan or master plan modifications and height exceptions. 27 28 3. The concurrency review board will hear and decide appeals of administrative 29decisions denying a certification of concurrency and/or a conditional certification of 30concurrency. 31 32 4. Repealed by Ord. No. 02-033, § 4, 8-20-02. 33 34 E. HEARING OF APPEALS. Each board or commission shall fix a reasonable time for 35the hearing of the appeal, give public notice thereof, as well as due notice to the parties in 36interest. Upon the hearing, any party may appear in person, by agent or by attorney. 37 38 F. REVIEW OF ADMINISTRATIVE ORDERS. In exercising its powers, each board or 39commission may, reverse or affirm, wholly or partly, or may modify the order, requirement, 40decision, or determination made by an administrative official and may make any necessary 41order, requirement, decision, or determination, and to that end shall have all the powers of the 42officer from whom the appeal is taken. The concurring vote of a majority of the members 43present shall be necessary to reverse any order, requirement, decision, or determination of any 44administrative official or to decide in favor of the applicant on any matter upon which the board 45or commission is required to pass. 46 47 G. INDEMNIFICATION. In the event a claim or lawsuit is brought against the City, its 48officers, employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold November 10, 2010 4 APPEALS 1harmless the City, its officers, employees, servants or agents and to defend said persons from 2any such claims, liabilities, causes of action, and judgements of any type whatsoever arising out 3of or relating to the appeals from decisions of an administrative official whether the appellant is 4the applicant or any other party. The appellant agrees to pay all costs, attorney's fees, and 5expenses incurred by the City, its officers, employees, servants or agents in connection with 6such claims, liabilities or suits. Nothing contained herein, however, shall act as a waiver of any 7of the City's immunities provided for in Florida Statutes, Section 768.28. 8 9(Ord.No. 96-49, § 7, 1-21-97; Ord. No. 02-033, § 4, 8-20-02; Ord. No. 04-027, § 1, 4-20-04) 10 11Section 2. Appeals from decisions of the concurrency review board. 12 A. ELIGIBILITY. Appeals of decisions of the concurrency review board may be taken by 13any aggrieved party affected by a board decision. 14 15 B. FILING. Appeals shall be filed within fifteen (15) calendar days after rendition of the 16order, requirement, decision or determination with the planning and zoning director specifying 17the grounds for the appeal. A fee as adopted by resolution of the City Commission together 18with other documents and materials constituting the record upon which the action was taken 19shall be collected by the planning and zoning director and, together with the completed appeal, 20forwarded to the planning and development board for placement on the board's next available 21agenda. 22 23 C. HEARING OF APPEALS. The planning and development board shall fix a reasonable 24time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties 25in interest. Upon the hearing, any party may appear in person, by agent or by attorney. 26 27 D. REVIEWING APPEALS. In exercising its powers, the planning and development 28board may reverse or affirm wholly or partly, or may modify the decision or determination 29made by the concurrency review board and may make any necessary order, requirement, 30decision or determination, and to that end shall have all the powers of the concurrency review 31board and the planning and zoning director. The concurring vote of a majority of the members 32present shall be necessary to reverse any order, requirement, decision, or determination of the 33concurrency review board or to decide in favor of the applicant on any matter upon which the 34board is required to pass. 35 36(Ord. No. 96-49, § 7, 1-21-97) 37 38Section 3. Appeals from decisions of the building board of adjustment and appeals. 39 A. ELIGIBILITY. Appeals of decisions of the building board of adjustment and appeals 40may be taken by any aggrieved party affected by a board decision. 41 42 B. FILING. Appeals for judicial relief shall be filed with the circuit court within thirty 43(30) calendar days after rendition of a board decision. 44 45(Ord. No. 96-49, § 7, 1-21-97; Ord. No. 02-033, § 4, 8-20-02) 46 47Section 4. Appeals from decisions of the City Commission. November 10, 2010 5 APPEALS 1 A. ELIGIBILITY. Appeals of decisions by the City Commission may be taken by any 2aggrieved party affected by a commission decision. 3 4 B. FILING. Appeals for judicial relief shall be filed with the circuit court within thirty 5(30) calendar days after rendition of a commission decision. 6 7(Ord. No. 96-49, § 7, 1-21-97) 8 9Section 5. Withdrawal or denial of appeal. 10 A. REFILING AFTER DENIAL. Upon denial of an application for relief hereunder, in 11whole or in part, a period of one (1) year must run prior to the filing of a subsequent application 12affecting the same property or any portion thereof. 13 14 B. REFILING AFTER WITHDRAWAL WITH PREJUDICE. Upon the withdrawal of an 15application, in whole or in part, a period of six (6) months must run prior to the filing of a 16subsequent application affecting the same property or any portion thereof, unless, however, the 17decision of the board is without prejudice; and provided that the period of limitation shall be 18increased to a two-year waiting period in the event such an application, in whole or in part, has 19been twice or more denied or withdrawn. 20 21 C. REFILING AFTER WITHDRAWAL WITHOUT PREJUDICE. An application may 22be withdrawn without prejudice by the applicant as a matter of right; provided the request for 23withdrawal is in writing and executed in a manner and on a form prescribed by the board and 24filed with the board at least one (1) week prior to any hearing scheduled concerning the 25application; otherwise, all such requests for withdrawal shall be with prejudice. No application 26may be withdrawn after final action has been taken. When an application is withdrawn without 27prejudice, the time limitations for re-application provided herein shall not apply. 28 29(Ord. No. 96-49, § 7, 1-21-97) 30 31 32 33 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 1 General Administration\Final\Article VIII Appeals2.doc November 10, 2010 6 NOTICE OF INTENT ARTICLE IX. NOTICE OF INTENT 1 2 3ARTICLE XI. NOTICE OF INTENT 4 Section 1.Statement of Intent. 5A. 6 71. The City from time to time will propose changes to the Land Development Code of the 8Code of Ordinances of the City of Boynton Beach. 9 Section 2. Purpose. 10 11 122. The purpose of this section is to provide an administrative procedure for the public and 13the development community to be notified of such changes in land development regulations 14which may impact proposed plans for development within the City of Boynton Beach as early in 15the Code revision process as possible to best ensure that affected parties do not unnecessarily 16expend time, money and resources on proposed development projects which will be subject to 17such revisions to land development regulations revisions. 18 193. It is further the purpose of this section to ensure that upon the issuance of the Notice of 20Intent, as hereinafter provided, no proposed use or land development project affected by a 21pending regulatory change shall be approved by any City officer, official, commission, board, 22agency or body, whether elected or appointed, unless said proposed land development project 23conforms with the pending regulatory change and/or the proposed land development project 24approval is conditioned on such conformance pursuant to the pending regulatory change as 25currently drafted or as finally approved, whichever is appropriate. 26 27 B. Definitions. As used in this section: 28 29AFFECTED PARTIES - Includes persons owning property or persons owning or operating a 30business within the boundaries of the City of Boynton Beach whose development application or 31application for a permit or license is pending. 32 33DEVELOPMENT ACTIVITY - Application for a master plan, site plan, rezoning, building 34permit, or variance. 35 Section 3. Terms and Definitions. 36 37 38See Chapter 1, Article II for the definitions of “affected parties” and “development activity.” 39 Section 4. Authorization 40C. 41 42Notice of Intent authorization/effective date/ratification by City Commission.1. At the time 43the City Commission authorizes, by Resolution, the investigation, study, development, drafting 44or consideration of a change to a land development regulation, a Notice of Intent of the pending 45regulatory change shall be issued. The effective date of the Notice of Intent shall be deemed to 46be the date of said authorization by the City Commission. 47 November 10, 2010 1 NOTICE OF INTENT 12. At the next Commission meeting following the Notice of Intent, members of the public 2shall have the opportunity to address the City Commission in a public hearing format regarding 3relative to a filed Notice of Intent. After the public hearing, the City Commission by majority 4vote shall either approve or disapprove the further processing of the proposed regulation which 5is the subject matter of the Notice of Intent. 6 Section 5. Contents of the Notice. 7 D. D. Statement of purpose. 8 9The Notice of Intent shall include: 10 A. 111. A statement of purpose; 12 B. 132. A brief description of the pending regulatory change which shall include 14as much specificity as possible; recognizing however that changes may occur as the 15pending regulation proceeds through the drafting, review, public meeting and public 16hearing process. The description shall include a statement of the possible effect that the 17pending regulation may have on development. In addition, the description shall provide 18an indication of the provisions of the existing code that may require modification; 19 C. 203. A statement of the projected time frame for the adoption of the pending 21regulation; and 22 D. 234. A statement of the point in the development approval process at which 24the pending regulation would apply. 25 Section 6. Posting of Notice. 26E. 27 281. The Notice of Intent shall be posted in the Development Department, and in a conspicuous 29location in City Hall. 30 312. From and after the Notice of Intent, applicants for appropriate certificates licenses, permits, 32and other applicable development applications, including but not limited to plats, site plans, 33rezonings, variances, and building permits, shall be provided written notice of the pending land 34development regulatory changes which may potentially affect the applicant. Applicants shall be 35provided written notice by mail and through the availability of notices in the Development 36Department, and by posting of the Notice of Intent. To the extent that affected parties have 37comments, they shall be afforded the opportunity to file written opinion or objections with the 38Development Director. 39 403. Neither the failure of the city to provide written notice nor the failure of an applicant for 41development to observe the posted notice nor the failure of the city to provide posted notice 42shall invalidate the applicability of this article to said applicant for development approval. 43 44J. Copies to Planning and Zoning Board.The Planning and Development Zoning Board shall 45be provided with a copy of all Notices of Intent upon issuance. 46 47 48 November 10, 2010 2 NOTICE OF INTENT Section 7. Implementation. 1 2 3F.time frame. 1. The pending regulatory change shall be considered by the City 4Commission at a public hearing within a time period prescribed by the City at the time of the 5filing of the Notice of Intent. 6 72. If additional time is required for study and deliberation due to the scope of the proposed 8regulatory changes or arising from procedural issues, upon a majority vote of the City 9Commission, the time prescribed by the City in the Notice of Intent may be extended for an 10additional period of time approved by the City Commission upon expiration of the initial period 11of time stated in the Notice of Intent. 12 133. If no final action has been taken by the City Commission within the time limits set forth 14herein, the Notice of Intent will expire. 15 Section 8. Pending Development Permits 16 17 18Effect on pending or proposed development permits. 1. A Notice of Intent shall have 19no effect on any complete application for development activity (a master plan, site plan, 20rezoning, variance, or building permit) pending for approval. on September 19, 2000 or 21approved on or before September 19, 2000. 22 232. Except as provided in 1. above, no application for a business tax certificate or other 24development activity (a master plan, site plan, rezoning, variance, or building permit) shall be 25accepted for processing by the City following the issuance of a Notice of Intent unless said 26application conforms with the pending regulatory change and/or the application is conditioned 27on such conformance pursuant to the pending regulatory change as currently drafted or as 28finally approved, whichever is appropriate. 29 Section 9. Pending Regulations 30. 31 32H.Regulations subject to Notice of Intent. Pending regulations subject to the Notice of 33Intent include development regulations as defined by Section 163.3213, Florida Statutes, as 34amended from time to time and comprehensive plan amendments which are a condition 35precedent to land development regulatory changes. 36 Section 10. Compliance. 37 38 39I.Evidence of general compliance. Evidence of general compliance with the procedures 40of this section of the Code shall be sufficient to sustain the regulation upon adoption. (Ord. No. 4100-53, § 2, 10-4-00) 42 43 44 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 1 Planning\Final\Article IX Notice of Intent.doc November 10, 2010 3 LAND DEVELOPMENT PROCESS CHAPTER 2. LAND DEVELOPMENT PROCESS 1 2 3Article I. Overview. 4Article II. Planning and Zoning Division Services. 5Article III. Engineering Division Services. 6Article IV. Building Division Services. 7Article V. Business Tax Services. 8 ARTICLE I . OVERVIEW. 9 10 Section 1. General. 11 12 A. Purpose and Intent. 13The purpose and intent of this chapter is to 14consolidate the procedures and applications for development approval. The 15format is designed to allow users to quickly and efficiently ascertain the 16various steps involved in the application process; from the pre-application 17conference to final approval. 18 B. Definitions. 19 See Chapter 1, Article II for definitions and 20acronyms relative to land development applications and processes. 21 C. Rules. 22 The regulations and provisions of this chapter shall be 23interpreted to represent the minimum requirements adopted for the 24protection and promotion of the public health, safety, morals, comfort, 25convenience, order, appearance, prosperity, or general welfare. In addition, 26whenever the word “district” is used, in this chapter it is construed to mean 27zoning district. 28 D. Severability. 29 Should any section, subsection, paragraph, sentence, 30clause, phrase, or other part of this chapter be declared by a court of 31competent jurisdiction to be invalid, such decision shall not affect the 32validity of this article as a whole or any article, section, subsection, 33paragraph, sentence, clause, phrase, or word thereof, other than that so 34declared to be invalid. 35 Section 2. Types of Land Development Applications. 36 37 A. Table 2-1. Applications by City Departments. 38 39 40Legend: 41 42P&Z: Planning and Zoning Division 43P&D: Planning and Development Board 44CRA: Community Redevelopment Agency 45CC: City Commission 46 November 9, 2010 1 OVERVIEW REVIEWINGPUBLIC CODEAPPROVING APPLICATION TYPEAUTHORITYHEARING SECTIONAUTHORITY (STAFF)REQUIRED? ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Standard Applications Art II, Director of Annexation CC Yes Section 2.A P&Z Comprehensive Plan Amendment Art II, TextCity Initiated Only Section 2.B.2 Future Land Use Map Art II, Director of CC Yes (FLUM)Section 2.B.3 P&Z Art II, Conditional Use Section 2.C Director of CC Yes P&Z Conditional Use Time Art II, ExtensionSection 2.C.6 Art II, Rezoning Section 2.D Article II, Master Plan (New) CC Yes Section 2.D.6 Director of Article II, P&Z Master Plan Section Modification (Major) 2.D.6.g Article II, Master Plan Director of SectionNo Modification (Minor) P&Z 2.D.6.h Art II, Director of Director of Sign Program No Section 2.E P&ZP&Z Art II, Site Plan Review Section 2.F Site Plan Time Art II, CC Yes ExtensionSection 2.F.6 Director of P&Z Site Plan Modification (Major)Art II, Section 2.F.7 Site Plan Modification Director of No (Minor)P&Z Vacation and Art II, Director of CC Yes AbandonmentSection 2.G P&Z Planned Industrial Development (PID)Applications Master Site Plan (New) Art II, PID Zoning District Only Section 3.A CC Yes Director of Master Site Plan P&Z Modification, Major Art II, Section 3.A.6 Master Site Plan Director of No Modification, Minor P&Z Technical Site Plan (New) Art II, PID Zoning District Only Section 3.B Director of Director of Technical Site Plan No P&ZP&Z Modification, Major Art II, Section 3.B.6 Technical Site Plan Modification, Minor 1 2 November 9, 2010 2 OVERVIEW APPLICATION TYPECODEREVIEWINGAPPROVINGPUBLIC SECTIONAUTHORITAUTHORITYHEARING Y (STAFF) REQUIRED? ARTICLE II. PLANNING AND ZONING DIVISION SERVICES continued Art II, Director of Use Approval CC Yes Section 3.C P&Z Art II, Director of Waiver CC Yes Section 3.D. P&Z Relief Applications Administrative Art II, Director of Director of No AdjustmentSection 4.A P&ZP&Z Community Design Art II, Director of CC Yes AppealSection 4.B P&Z Art II, Director of Height Exception CC Yes Section 4.C P&Z Variance to Land Art II, Director of CC Yes Development Regulations Section 4.D P&Z Permit Applications Art II, Director of Director of Sign Permit No Section 5.A P&ZP&Z Director of Art II,Director of Zoning Permit No Section 5.B P&ZP&Z Other Applications Art II, Director of Director of Certificate of Conformity No Section 6.A P&ZP&Z Art II, Director of Director of Lot Line Modification No Section 6.B P&ZP&Z Art II, Director of Mobile Vender Approval CC No Section 6.C P&Z Modification to Art II, Director of CC Yes Development Order Section 6.D P&Z Art II, Director of Sidewalk Café Approval CC No Section 6.E P&Z Zoning Verification Art II, Director of Director of No LetterSection 6.G P&ZP&Z ARTICLE III. ENGINEERING DIVISION SERVICES Art III, Preliminary Plat City Engineer City Engineer No Section 2.B Art III, Final Plat City Engineer CC Yes Section 2.C Land Development Art III, City Engineer City Engineer No Permit (LDP) Section 3 Art III, Right-of-Way Permits City Engineer City Engineer No Section 4 Engineering Division Art III, City Engineer City Engineer No WaiverSection 5 1 2 3 4 5 November 9, 2010 3 OVERVIEW REVIEWINGPUBLIC CODEAPPROVING APPLICATION TYPEAUTHORITYHEARING SECTIONAUTHORITY (STAFF)REQUIRED? ARTICLE IV. BUILDING DIVISION SERVICES Art IV, BuildingBuilding Building Permit No Section 2 OfficialOfficial Art IV, BuildingBuilding Sign Permit No Section 3 OfficialOfficial Building Board Art IV, Building of Adjustment Yes VarianceSection 4 Official and Appeals ARTICLE V. BUSINESS TAX SERVICES Seasonal Sales Event Art V, Business Tax Business Tax No ApprovalSection 3 ManagerManager Special Temporary Sales Art V, Business Tax Business Tax No Event Approval Section 4 ManagerManager 1 B. Withdrawal. 2 By written request, the applicant shall have the right to withdraw 3an application at any time prior to the final action of the application by the decision 4making body or person. 5 Section 3. Review Process for Applications Requiring Public Hearings, Generally. 6 7 ARTICLE VIII. DEVELOPMENT REVIEWS 8 9This section generally describes the review process for land development applications requiring 10public hearings. The required plan(s), application(s), fee(s), and supporting document(s) are 11dependent upon the type, character, and complexity of the proposed project or relief being 12sought. 13 A. Staff Review. 14 Each land development application that requires a public 15hearing shall be reviewed by staff to ensure compliance with all applicable codes, 16standards, and regulations; Redevelopment Plans; and the Comprehensive Plan’s goals, 17objectives, and policies. Unless otherwise specified, the application shall be processed 18in accordance with the following actions: 19 1. Completeness Review. 20 This section applies to any land 21development application in this chapter, unless otherwise provided for in the 22regulations for that specific application. No review shall commence until the 23application is deemed complete by the reviewing authority. 24 2. Analysis and Recommendations 25. Staff comments and 26recommendations shall identify noncompliance and deficiencies with the 27standards and requirements of these Land Development Regulations or any other 28applicable codes. During this informal procedure, staff comments and 29recommendations are forwarded to the applicant so that each issue can be 30completely resolved or adequately addressed, as determined by staff, prior to 31Advisory Board review. An applicant may orally or in writing, challenge any 32staff comment or recommendation by contacting the issuing department directly 33and presenting specific grounds for the challenge. The issuing department will November 9, 2010 4 OVERVIEW 1either affirm or reverse its original comment or recommendation, but all such 2action shall be based on the provisions of appropriate codes, ordinances, rules, 3regulations, standard drawings, Redevelopment Plans, or Comprehensive Plan. 4A staff comment becomes a recommendation when it is not based on a specific 5code, ordinance, rule, regulation, standard drawing, redevelopment plan, or goal, 6objective, or policy of the Comprehensive Plan. Such staff recommendation 7becomes compulsory when it is approved as part of the conditions of approval 8and development order by the applicable Advisory Board or City Commission. 9 3. Forward to Applicable Advisory Board. 10 Upon conclusion of staff 11review, the Director of Planning and Zoning, designee, or reviewing authority 12will transmit the document with staff comments and recommendations to the 13applicable Advisory Board for their review and recommendation. 14 15Section 1. Challenges to staff comments generated through the development 16review process. 17 18A. ELIGIBILITY. A an applicant may challenge any written comment or 19recommendation made by a staff member during the development review 20process. 21 22B. INFORMAL PROCEDURE. An applicant may challenge orally or in 23writing any staff comment or recommendation by contacting the issuing 24department and presenting specific grounds for the challenge. The issuing 25department may reverse or affirm the comment or recommendation, wholly or 26partly, or may modify the comment or recommendation, but all such action shall 27be based on provisions of appropriate codes, ordinances, rulesor regulations. 28Any staff comment not based on a specific code, ordinance, rule or regulation 29becomes a recommendation. 30 31C.FORMAL PROCEDURE. Comments and / or recommendations surviving 32the informal procedure described hereinbefore will be forwarded to the Planning 33and Development Board planning and development board and / or City 34Commission for review in the form of a proposed development order. The 35board will review proposed development orders which come before it and may 36recommend acceptance, rejection, and / or modifications to staff comments and 37recommendations, and forward a record of their recommended action to the City 38Commission. The City Commission may accept, reject, or modify each 39comment or recommendation presented to them from staff and, if available, 40from the planning and development board, during their development order 41deliberations.When staff finds the documents meet the provision of these Land 42Development Regulations and other applicable codes, the Director of Planning 43and Zoning will transmit the documents with staff comments and 44recommendations to the Planning and Development Board for review at their 45next available meeting. 46 47Section 2. Planning and development board review. A. SCOPE. When 48staff the TRC finds that the documents meet the provisions of these Land November 9, 2010 5 OVERVIEW 1Development Regulations, the planning and zoning director will transmit the 2documents with TRC comments and recommendations to the planning and 3development board for review at their next available meeting. 4 B. Advisory Board Review. 5 6 1. Notification. 7 The Planning and Zoning Division shall notify the 8applicant in writing, of the date, time, and location of the Advisory Board 9meeting. The applicant may opt to postpone Advisory Board review by 10submitting a written request to the Director of Planning and Zoning, designee, or 11to the appropriate reviewing authority.In all instances, the applicant shall be 12responsible to comply with the applicable public notice requirements of Part II, 13Code of Ordinances, Chapter 2, Article I, Section 2-20. 14 2. Action. 15 The Advisory Board will consider all presented items, 16including the staff report, exhibits, and recommendations, in conjunction with 17any testimony or other information presented at the meeting, and recommend 18that City Commission: 19 a. 20 Approve the application; 21 b. 22 Approve the application subject to conditions: 23 c. 24Table or defer their decision to a subsequent meetingin order to 25collect additional information or conduct further analyses; or 26 d. 27 Deny the application. 28 29B. APPLICANT NOTIFICATION. Theplanning and zoning department will 30notify the applicant in writing of the date, time, and location of theplanning and 31development board meeting when the application will be reviewed. The 32applicant may, at his/her option, request in writing a postponement ofplanning 33and development board consideration. 34 35C. PLANNING AND DEVELOPMENT BOARD DELIBERATION. The 36planning and development board will review submitted documents as well as all 37TRC comments and recommendations, and has all of the authority, functions, 38powers and duties vested in it byChapter 1.5, Article I, Section 4 of this Land 39Development Regulation 40 41D. ACTION.ThePlanning and Development Boardplanning and 42development boardshall recommend to the City Commission that they,approve 43theapplication plan unconditionally, approve theapplication plan with 44conditions and/or recommendations, or deny theapplication plan. (Ord. No. 96- 4549, § 8, 1-21-97) 46 November 9, 2010 6 OVERVIEW C. City Commission Review. 1 After the Advisory Board conducts its review and 2formulates a recommendation, the Director of Planning, designee, or reviewing 3authority will forward the items to the City Commission for final review and approval. 4 1. Notification. 5 The Planning and Zoning Division shall notify the 6applicant in writing, of the date, time, and location of the City Commission 7meeting. The applicant may opt to postpone City Commission review by 8submitting a written request to the Director of Planning and Zoning, designee, or 9to the appropriate reviewing authority.In all instances, the applicant shall be 10responsible to comply with the applicable public notice requirements of Part II, 11Code of Ordinances, Chapter 2, Article I, Section 2-20. 12 2. Action. 13 The City Commission will review all presented items, 14including the staff report, exhibits, and recommendations, in conjunction with 15any testimony or other information presented at all meetings, and vote to: 16 a. 17 Approve the application; 18 b. 19 Approve the application subject to conditions: 20 c. 21Table or defer their decision to a subsequent meetingin order to 22collect additional information or conduct further analyses; or 23 d. 24 Deny the application. 25 26The action of the City Commission is the final decision. 27 28Section 3. City Commission reviews. A. SCOPE. When theplanning and 29development board completes its review and formulates its recommendations, the 30planning and zoning director will transmit the documents together withTRC comments 31and recommendations as well asplanning and development boardaction(s) to the City 32Commission at their next available meeting. 33 34B. APPLICANT NOTIFICATION. The planning and Zzoning department will notify 35the applicant in writing of the date, time, and location of the City Commission meeting 36when the application will be reviewed. The applicant may, at his/her option, request in 37writing a postponement of City Commission deliberations. 38 39C. CITY COMMISSION DELIBERATION. The City Commission shall consider 40the comments and recommendations of reviewing departments and the recommendation 41of theplanning and development board and shall approve the plan, approve the plan 42with conditions, deny the plan or defer action on the plan.(Ord. No. 96-49, § 8, 1-21- 4397) 44 Section 4. Expedited Development Review Program. 45 46 A. Applicability. 47 48 November 9, 2010 7 OVERVIEW 1. Eligible Uses. 1 New and expanding establishments in the following 2categories are eligible for expedited reviews for site plans (and related 3applications), building permit applications, and required inspections: 4 a. 5 Bioscience; 6 b. 7 Medical or pharmaceutical research and development; 8 c. 9 Aviation / Aerospace / Engineering; 10 d. 11 Communications / Information technology; 12 e. 13 Business and financial services (non-retail); and 14 f. 15 Education related to the above industry clusters; 16 2. Economic Development. 17 Establishments may also qualify for the 18expedited permitting program if the company is a sanctioned project by the State 19of Florida or other recognized economic development organization (Florida 20Office of Tourism, Trade and Economic Development (OTTED), Enterprise 21Florida, or Business Development Board of Palm Beach County). 22 3. Affordable and Workforce Housing. 23 Residential Developments 24that provide affordable housing and workforce housing units, as defined in the 25City’s Workforce Housing Ordinance, shall be afforded expedited reviews for 26site plans, building permit applications, and required inspections. 27 4.Sustainable Development. 28 Development applications for residential 29and commercial environmentally responsible buildings shall be afforded 30expedited reviews for site plans (and related applications), building permit 31applications, and required inspections. The project must be registered with a 32nationally recognized green certification agency, including but not limited to: 33 a. 34 USGBC – United States Green Building Council; 35 b. 36 FGBC – Florida Green Building Coalition; 37 c. 38 Green Globes; 39 d. 40 NAHB – National Association of Home Builders, National 41Green Building Standard; 42 e. 43 All entities that apply for this expedited review program shall 44provide a detailed explanation of how the project will advance the city’s 45economic, housing, or environmentally responsible goals. 46 B. Benefits of Program. 47 Entities that have been accepted into the expedited 48permitting program shall receive the following benefits: November 9, 2010 8 OVERVIEW 1 1.Point of Contact. 2 The City Manager shall appoint a single point of 3contact at the City who shall have the responsibility of assisting the applicant 4throughout the development application and permitting process; 5 2. Timetable. 6 The Planning and Zoning Division, Building Division, 7Engineering Division of Public Works, and other applicable city departments 8shall establish the necessary steps required for project approval and permitting 9in a pre-application meeting and subsequently, within three (3) business days, 10prepare an optimal timetable for the project’s completion of the development 11and application review process; 12 3.Priority Review. 13 The project shall receive priority at every phase of 14the review process by city staff, including face-to-face meetings as needed. 15However, public hearings are subject to the availability of the relevant board and 16the decisions of such boards are not guaranteed to be made immediately. 17Therefore, to the extent possible, public hearing scheduling shall be expedited if 18applicable to a particular development application; 19 4. Comments. 20 Comments relative to review by the 1) Planning and 21Zoning Division Planning; and 2) Building Division shall be provided to the 22applicant within seven (7) business days of the submission of a completed 23development application. The City and the applicant shall make a mutual 24commitment to provide all other development and permit application review 25comments and corresponding revisions thereto in a thorough and timely manner; 26 5.Conflict Resolution. 27 Should any issues arise at any point during the 28development application review and permitting process, the City will use the 29most expeditious means to resolve the issue. A face to face meeting between 30city staff and the applicant’s representatives, if necessary, shall be scheduled 31within three business days of the applicant’s notification of the issues; and 32 6.Staff Report. 33 A description of the benefit to the City, as defined in 34paragraph (e) herein, shall be included in the staff report for the project for the 35Advisory Boards and City Commission meetings. 36 37A.New and expanding businesses in the following categories are eligible for expedited 38reviews for site plans (and related applications), building permit applications, and required 39inspections: 40 41 (1) Bioscience 421.(2) Medical or pharmaceutical research and development; 432.(3) Aviation/Aerospace/Engineering; 443.(4) Communications/Information technology; 454.(5) Business and financial services (non-retail); 465.(6) Education related to the above industry clusters; 47 48 November 9, 2010 9 OVERVIEW 1B.Businesses may also qualify for the expedited permitting program if the company is a 2sanctioned project by the State of Florida or other recognized economic development 3organization (Florida Office of Tourism, Trade and Economic Development (OTTED), 4Enterprise Florida, or Business Development Board of Palm Beach County). 5 6C.Residential Developments that provide affordable housing and workforce housing units, 7as defined in the City’s Workforce Housing Ordinance, shall be afforded expedited reviews for 8site plans, building permit applications, and required inspections. 9 10D.Development applications for residential and commercial environmentally responsible 11buildings shall be afforded expedited reviews for site plans (and related applications), building 12permit applications, and required inspections. The project must be registered with a nationally 13recognized green certification agency, including but not limited to: 14 15(1)USGBC– United States Green Building Council 16(2) FGBC – Florida Green Building Coalition 17(3) Green Globes 18(4) NAHB – National Association of Home Builders, National Green Building Standard 19 20E.All entities that apply for this expedited review program shall provide a detailed 21explanation of how the project will advance the city’s economic, housing, or environmentally 22responsible goals. 23 24F.Entities that have been accepted into the expedited permitting program shall receive the 25following benefits: 26 27(1) The city manager shall appoint a single point of contact at the city who shall have the 28responsibility of assisting the applicant throughout the development application and permitting 29process; and 30 31(2) The Planning, Zoning, Building, Engineering and Public Works, and other applicable city 32departments shall establish the necessary steps required for project approval and permitting in a 33pre-application meeting and subsequently, within three (3) business days, prepare an optimal 34timetable for the project’s completion of the development and application review process; and 35 36(3) The project shall receive priority at every phase of the review process by city staff, 37including face-to-face meetings as needed. However, public hearings are subject to the 38availability of the relevant board and the decisions of such boards are not guaranteed to be made 39immediately. Therefore, to the extent possible, public hearing scheduling shall be expedited if 40applicable to a particular development application; and 41 42(4) Comments relative to the city’s Planning, Zoning and Building department review shall be 43provided to the applicant within seven business days of the submission of a completed 44development application. The city and the applicant shall make a mutual commitment to 45provide all other development and permit application review comments and corresponding 46revisions thereto in a thorough and timely manner; and 47 November 9, 2010 10 OVERVIEW 1(5) Should any issues arise at any point during the development application review and 2permitting process, the City will use the most expeditious means to resolve the issue. A face to 3face meeting between city staff and the applicant’s representatives, if necessary, shall be 4scheduled within three business days of the applicant’s notification of the issues; and 5 6(6) A description of the benefit to the city, as defined in paragraph (e) herein, shall be included 7in the staff report for the project for the planning, zoning, and appeals boards and city 8commission meetings. 9 Section 5. Development Orders 10 11 12The City Clerk or designee will record specific action by the Advisory Board and City 13Commission with respect to each staff comment or recommendation. The City Clerk shall also 14sign and witness the completed record of the proceedings which then becomes the official and 15final development order. 16 17D.FINALIZING DEVELOPMENT ORDERS. The City Attorney or designee city 18attorney or his designee will record specific action by the City Commission on each staff 19comment or recommendation during deliberations. He shall also record specific action by the 20Commission on each planning and development board comment or recommendation as well as 21eachCityCommission comment or recommendation. The city attorney will sign, and the city 22clerk will witness, the completed record of the proceedings which then becomes the official 23development order. 24 25E.DISTRIBUTION OF DEVELOPMENT ORDERS.Within three (3) working days the 26city attorney and city clerk will sign the development order and forward signed copies to the 27applicant, the department of development, and the planning and zoning department. (Ord. No. 2896-49, § 9, 1-21-97) 29 30F. Concurrency and level of service standards: For the purpose of the issuance of 31development orders and permits, the City of Boynton Beach has adopted level of service 32standards for public facilities and services which include roads, sanitary sewer, solid waste, 33drainage, potable water, and parks and recreation. 34 35Compliance with levels of service as stated in the Boynton Beach Comprehensive Plan is 36required. See Chapter 1, Article VI for additional regulations regarding the concurrency 37management system. 38 Section 6.Revocation of a Development Approval. 39 40 41Unless described otherwise in this article, the following procedures shall outline the revocation 42of a development approval: 43 A. Initiation. 44 The Director of Planning and Zoning shall investigate alleged 45violations of imposed condition or conditions. The Director of Planning and Zoning 46shall determine whether or not to terminate or suspend a development approval. If the 47Director of Planning and Zoning determines that a termination, or suspension, of a 48development approval is appropriate, a recommendation, including the reason or reasons November 9, 2010 11 OVERVIEW 1for their determination, shall be made to the City Commission who shall conduct a 2public hearing on the matter. 3 B. Grounds for Revocation. 4 The following are grounds for revocation of a 5development approval: 6 1. Misleading Information. 7 The intentional provision of materially 8misleading information by the applicant (the provision of information is 9considered “intentional” where the applicant was aware of the inaccuracies or 10could have discovered the inaccuracies with reasonable diligence); and 11 2. Non Compliance. 12 The failure to correct any violation of any 13condition of a development approval within the time specified by the City and / 14or after notification from the City of violations of the development approval. 15 C. Notice and Public Hearing. 16 Notice of the hearing shall be provided to the 17development approval holder at least 10 working days prior to the hearing. Such notice 18shall be in writing and delivered by personal service or certified mail and shall advise of 19the Director of Planning and Zoning’s recommendation as well as the date and location 20of the hearing before the agency. 21 D. Decision and Notice. 22 The agency shall prepare a development order approving, 23approving with conditions, or denying the Director of Planning and Zoning’s 24recommendation. The development order shall contain findings that address the basis 25for condition or conditions that have been violated and the harm such violation has 26caused. In the case of suspension of the use, the development order shall state the 27length of time such violation can be cured. In the case of a termination, the 28development order shall state the reason such violation cannot be cured. 29 30 31 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 2 Land Development Process\Final\Amended\Article I Overview.doc November 9, 2010 12 PLANNING AND ZONING DIVISION SERVICES ARTICLE II. PLANNING AND ZONING DIVISION SERVICES. 1 2 Section 1. General. 3 4 A. Purpose and Intent. 5The purpose of this article is to set forth uniform 6procedures, well-defined application processes, and information to guide the processing 7of complete land development applications that are administered by the Planning and 8Zoning Division. Each application is reviewed to ensure that: 9 1.Compliance. 10 Development of individual sites within the City is 11consistent with all land development regulations and all other applicable 12standards and requirements set forth by the City or other public entities having 13jurisdictional responsibility, prior to the issuance of a development permit; 14 2.Public Purpose. 15 Development and supportive facilities and 16services further the public health, safety, appearance, and general welfare; and 17 3.Compatibility. 18 Development is compatible and coordinated with 19existing and anticipated development in the immediate area surrounding the site. 20 B. Administration. 21 The Director of Planning and Zoning or designee shall be 22responsible for the overall coordination and administration of land development 23applications within this article. 24 C. Preapplication Conference. 25 26 1. Purpose and Intent. 27 The purpose and intent of a pre-application 28conference is for staff and the applicant to collaborate and discuss the City’s 29overall community goals, objectives, policies, codes, and regulations. It also 30allows the applicant to receive information or a description of the relevant 31review procedures anticipated from each staff discipline, Advisory Board, and 32City Commission. Opinions expressed at the conference are not binding for 33formal review purposes. 34 2. Applicability. 35 A pre-application conference is required for the 36following types of applications: 37 a.Standard Applications. 38 39 40(1) Annexation. 41 42(2) Comprehensive Plan Future Land Use Map (FLUM) 43Amendment. 44 45(3) Conditional Use. 46 47(4) Rezoning. November 9, 2010 1 PLANNING AND ZONING DIVISION SERVICES 1 2(5) Sign Program. 3 4(6) Site Plan, including modifications. 5 6(7) Vacation and Abandonment. 7 b. Planned Industrial Development Applications. 8 9 10(1) Master Site Plan, including modifications. 11 12(2) Technical Site Plan, including modifications. 13 14(3) Use Approval. 15 c. Relief Applications. 16 17 18(1) Community Design Appeal. 19 20(2) Height Exception. 21 22(3) Variance to Land Development Regulations. 23 d. Other Applications. 24 25 26(1) Mobile Vending Unit (MVU). 27 28(2) Wireless Communication Facilities (WCF). 29 . 30Section 3Preapplication Conference 31 32A preapplication conference with the planning and zoning department is encouraged prior to the 33preparation and submission of any site plan required pursuant to this chapter. The purpose of 34this conference shall be for the staff and applicant to discuss overall community goals, 35objectives, policies, and codes as related to the proposed development and to discuss site plan 36review procedures. Opinions expressed at the pre-application conference are not binding for 37formal review purposes. 38 39ARTICLE III. PREAPPLICATION CONFERENCE. 40 41 The purpose of the pre-application procedure is to allow the developer and the directors of 42development and planning the opportunity to consult informally prior to the preparation of the 43master plan and formal application. 44 45Section 1. Written preapplication. 46 November 9, 2010 2 PLANNING AND ZONING DIVISION SERVICES 1 A written pre-application shall be submitted to the director of planning. The written 2application shall contain the following: 3 D. Submittal Requirements. 4 Unless otherwise contained herein, all application 5forms described in this article shall be approved by resolution and maintained by the 6Planning and Zoning Division.In order for an application to be considered, the 7complete application must be submitted to the Planning and Zoning Division. When 8submitted for review, it shall be accompanied by all documentation required by the 9respective application checklist. 10 E. Completeness. 11 If the application is not complete, it shall not be subject to 12further review until all identified deficiencies have been remedied. The Director of 13Planning and Zoning or designee may rule that certain items are not required for the 14review to commence. A determination of completeness shall not constitute a 15determination of compliance with the substantive requirements of the Comprehensive 16Plan, the Land Development Regulations, or any other applicable codes. 17 F. Fees. 18 Fees shall be paid at the time each type of land development application 19is submitted, according to the fee schedule approved by the City Commission. 20 G. Terms and Definitions. 21 See Chapter 1, Article II for all applicable terms 22and definitions which pertain to the applications and processes contained herein. 23 H. Quasi-Judicial Hearings. 24 See Part II City Code of Ordinances, Chapter 2, 25Article I, Section 2-20 for the types of land development applications regulated under 26this article that require quasi-judicial hearings. 27 Section 2. Standard Applications. 28 29 A. Annexation. 30 31 1. General. 32 33 a.Voluntary Annexations. 34 A privately-initiated application for 35the voluntary annexation of real property into the corporate limits of the 36City shall be made by petition of all owners of said real property and 37filed in accordance with the provisions of Florida Statutes Chapter 171. 38 b. Other Annexation Methods. 39These City-initiated methods 40include annexation by referendum, annexation of enclaves through 41interlocal agreements, and annexation through Interlocal Service 42Boundary Agreements, processed in accordance with Florida Statutes 43Chapter 171. 44 c. Future Land Use Map (FLUM) and Zoning of Property to be 45 Annexed. 46Application for the City FLUM classification and zoning 47district must accompany all privately-initiated applications for November 9, 2010 3 PLANNING AND ZONING DIVISION SERVICES 1annexation. FLUM reclassification and rezoning for developed 2properties to be annexed through any of the City-initiated methods listed 3in the subparagraph (b) above, may be delayed if no application for 4building or site improvements is submitted prior to the adoption of the 5annexation ordinance; however, such reclassification and rezoning must 6be initiated within six (6) months of the annexation. 7 2. Submittal Requirements. 8 See Section 1.D above for the submittal 9requirements of this application. 10 3. Review Criteria. 11 12 a.Compliance with Statutory Requirements. 13Areas 14proposed for annexation must comply with the requirements in Chapter 15171, Florida Statutes. 16 b.Consistency with Comprehensive Plan. 17 An application for 18annexation shall be consistent with the Comprehensive Plan. 19 4. Approval Process. 20 An application for annexation requires two (2) 21advertised public hearings and shall be processed in accordance with Chapter 2, 22Article I, Section 4 and comply with Florida Statutes Chapter 171. 23 B. Comprehensive Plan Amendments. 24 25 1. General. 26 27 a. Purpose and Intent. 28 The purpose of this subsection is to 29provide a means for amending the City’s Comprehensive Plan in 30accordance with Chapter 163 of the Florida Statutes. 31 b. Authority. 32 The City Commission has the authority to amend 33the Comprehensive Plan upon compliance with the provisions of 34Chapter 163 of the Florida Statutes and of this subsection. The City 35Commission has designated itself as the Local Planning Agency (LPA) 36for the City. 37 c. Types of Amendments. 38Amendments to the 39Comprehensive Plan include text amendments and site-specific 40amendments to the Future Land Use Map (FLUM). 41 2. Text Amendment. 42A text amendment to the Comprehensive Plan 43shall only be initiated by the City. 44 3. Future Land Use Map (FLUM) Amendment. 45 46 a. General. 47 November 9, 2010 4 PLANNING AND ZONING DIVISION SERVICES 1 2(1)The purpose of this subsection is to provide a means for 3changing the boundaries and / or classifications of the FLUM 4through site-specific amendments to the Comprehensive Plan. 5 6(2) A request for FLUM amendment shall be considered 7either large scale or small scale, based on Chapter 163 of the 8Florida Statutes. 9 10(3) Applications for large scale FLUM amendments shall not 11be submitted more than two (2) times during any calendar year, 12except for those applications exempted by Chapter 163 of the 13Florida Statutes. 14 15(4) All privately initiated FLUM amendments shall be 16accompanied by an application to rezone to a zoning district 17consistent with the requested FLUM classification. See Section 182.D. below for the process by which lands are rezoned to a 19different zoning district. 20 b. Submittal Requirements. 21 See Section 1.D above for the 22submittal requirements of this application. 23 c. Review Criteria. 24All privately initiated FLUM amendments 25shall be reviewed concurrently with the accompanying zoning request. 26Approval of a FLUM amendment / zoning request shall be based on one 27(1) or more of the following factors: 28 29(1) Demonstration of Need. A demonstration of need 30may be based upon changing conditions that represent a demand 31for the proposed land use classification and zoning district. 32Appropriate data and analysis that adequately substantiates the 33need for the proposed land use amendment and rezoning must be 34provided within the application. 35 36(2) Consistency. Whether the proposed FLUM amendment 37and rezoning would be consistent with the purpose and intent of, 38and promote, the applicable Comprehensive Plan policies, 39Redevelopment Plans, and Land Development Regulations. 40Approvals of requests to rezone to a planned zoning district may 41include limitations or requirements imposed on the master plan 42in order to maintain such consistency. 43 44(3) Land Use Pattern. Whether the proposed FLUM 45amendment and rezoning would be contrary to the established 46land use pattern, or would create an isolated zoning district or an 47isolated land use classification unrelated to adjacent and nearby November 9, 2010 5 PLANNING AND ZONING DIVISION SERVICES 1classifications, or would constitute a grant of special privilege to 2an individual property owner as contrasted with the protection of 3the public welfare. This factor is not intended to exclude FLUM 4reclassifications and rezonings that would result in more 5desirable and sustainable growth for the community. 6 7(4) Sustainability. Whether the proposed FLUM amendment 8and rezoning would support the integration of a mix of land uses 9consistent with the Smart Growth or sustainability initiatives, 10with an emphasis on 1) complementary land uses; 2) access to 11alternative modes of transportation; and 3) interconnectivity 12within the project and between adjacent properties. 13 14(5) Availability of Public Services / Infrastructure. All 15requests for FLUM amendments shall be reviewed for long-term 16capacity availability at the maximum intensity permitted under 17the requested land use classification. An accompanying request 18to rezone to a planned zoning district is subject to concurrency 19review pursuant to Chapter 1, Article VI Concurrency. 20 21(6) Compatibility. The application shall consider the 22following factors to determine compatibility: 23 24(a) Whether the proposed FLUM amendment and 25rezoning would be compatible with the current and 26future use of adjacent and nearby properties, or would 27negatively affect the property values of adjacent and 28nearby properties. 29 30(b) Whether the proposed FLUM amendment and 31rezoning is of a scale which is reasonably related to the 32needs of the neighborhood and the City as a whole. 33 34(7) Alternative Sites. Whether there are adequate sites 35elsewhere in the City for the proposed use in zoning districts 36where such use is already allowed. 37 d. Approval Process. 38 An application for FLUM amendment 39shall be processed in accordance with Chapter 163, Florida Statutes. 40 e. Denial. 41 No application for the same FLUM amendment 42shall be submitted within one (1) year from the date of denial by the City 43Commission. 44 453.Initiation of amendments.zoning regulations and the future land use plan shall be 46initiated only by the City Commission, the planning and development board, or by the November 9, 2010 6 PLANNING AND ZONING DIVISION SERVICES 1petition of the owners of not less than fifty-one (51) percent of the area involved in the 2amendment. 3 4For amendments which are initiated by the City Commission or planning and 5development board, the documents, letters of consent, and information specified in 6paragraphs 4.b., 4.c., 4.d., 4.h.(2), and 4.h.(3) below shall not be required.For 7amendments which are initiated by less than one hundred (100) percent of the property 8owners of the area involved in the amendment, such documents and letters of consent 9shall be required only for property owners who have signed the petition for the 10amendment. 11 123. Costs required for any additional notification shall be paid by the applicant for the 13change in the Land Development Regulations. (Ord. No. 96-51, § 5, 1-21-97; Ord. No. 1496-51, § 5, 1-21-97; Ord. No. 05-064, § 2, 11-1-05) 15 16c. The procedure for amending all other provisions contained in the zoning 17regulations shall be the same as the procedure for ordinance adoption generally, as set 18forth in Florida Statutes and the City of Boynton Beach Codes and Regulations. 19 20E.1.When an amendment to the Land Development Regulations is proposed, 21one additional public hearing shall be held in addition to the public hearing conducted 22for second reading of the ordinance implementing the amendment to the Land 23Development Regulations. At the discretion of the City Commission, the additional 24public hearing may be conducted, in conjunction with first reading of the ordinance, 25may be referred to and conducted by one or more advisory board, or held on another 26date prior to second reading of the ordinance as announced by the city. 27 282.When the proposed Land Development Regulation will affect permitted, 29conditional or prohibited zoning uses, or will change a development regulation 30regarding building height and height exception, setbacks (for primary and all other 31structures), non-conforming lots, telecommunication towers, new zoning districts, and 32buffering requirements related to residential zoning districts, the City Commission, on 33or prior to its preliminary review of said amendment, shall determine which of the 34following types of notice shall be provided for the additional public hearing: 35 36a.Mailed notice of the additional public hearing shall be provided to all 37property owners within four hundred (400) feet of the boundary lines of all 38property or properties which will be affected by the change in regulations; 39 40b.Notice published in a newspaper of general circulation; 41 42c.Notice posted on or near the properties which will be impacted by the 43change in regulations; or 44 45d.Other forms of notice determined by the Commission to be necessary to 46advise the public that a change of development regulations is being considered 47by the Commission. November 9, 2010 7 PLANNING AND ZONING DIVISION SERVICES 1 23. Costs required for any additional notification shall be paid by the applicant for the 3change in the Land Development Regulations. (Ord. No. 96-51, § 5, 1-21-97; Ord. No. 496-51, § 5, 1-21-97; Ord. No. 05-064, § 2, 11-1-05) 5 6C. COMPREHENSIVE PLAN AMENDMENTS:REZONINGS. 7 8 1. Intent. These zoning regulations may from time to time be amended, supplemented, 9or repealed. It is the intent of this subsection that the planning and development board serve as 10an advisory body to the City Commission with respect to such amendments, in the manner 11herein set forth. All proposed amendments shall be evaluated by the planning department, 12planning and development board, and City Commission for consistency with the comprehensive 13plan and shall not be approved unless found to be consistent with the comprehensive plan. It is 14also the intent of this subsection that all rezoning shall be in accordance with and serve to 15implement the Local Government Comprehensive Planning and Land Development Regulation 16Act. It is intended that the applicant for a rezoning provide information which is sufficient to 17determine whether the proposed rezoning is consistent with the comprehensive plan. It is 18further the intent of this subsection that, pursuant to Sections 163.3194, 163.3197, 163.3201, 19163.3202, Florida Statutes, the materials submitted by the applicant may be imposed by the City 20Commission as requirements or limitations with regard to subsequent development of the 21property, and that the City Commission may impose any other requirements or limitations, in 22order to ensure that development of the property is consistent with the comprehensive plan, and 23ensure that impacts created by the development are mitigated. This subsection shall apply to all 24rezoning applications, and all revised master plans in the case of planned zoning districts, which 25are submitted after the effective date of the ordinance containing this subsection. 26 27 2. General procedures. 28 29 a. Applications for amendments to the official zoning map shall follow the 30procedure set forth in paragraph 3 through 15 below, with the following exceptions: 31 32 (1) Where an ordinance to rezone is initiated by the city pursuant to adoption of 33the comprehensive plan in its entirety, an entire plan element, or an evaluation and appraisal 34report the following exceptions shall apply: 35 36 a) Where the ordinance to rezone would cover a total area exceeding five (5) 37percent of the area of the city, only the requirements set forth in paragraphs 3., 4.a.(4), 4.a.(5), 384.a.(6), 6., 8.a., 9., 10., 12., 14., and 15. shall apply; however where the ordinance to rezone 39should cover a total area exceeding five (5) percent of the area of the city and is accomplished 40through the adoption of a new official zoning map, the requirements of paragraphs 4.a.(4), 414.a.(5) and 4.a.(6) shall not apply. 42 43 (b) Where the ordinance to rezone would cover a total area which is equal to 44or less than five (5) percent of the area of the city, only the requirements set forth in paragraphs 453, 4.a.(4), 4.a.(5), 4.a.(6). 4.e., 4.f., 6., 8., 9., 10., 12., 14., and 15. 46 November 9, 2010 8 PLANNING AND ZONING DIVISION SERVICES 1 (2) The requirements contained in paragraph 7. below shall not apply for 2rezonings which do not require an amendment to the future land use map and where the subject 3parcel is unplatted, and shall not apply where rezoning is requested in conjunction with an 4application for annexation, and the rezoning would be consistent with the Palm Beach County 5Comprehensive Plan, or where the proposed zoning would be consistent with zoning or land use 6recommendations contained in the City of Boynton Beach Comprehensive Plan for the subject 7parcel. All annexation applications shall, however, be reviewed by the planning department 8with respect to the annexation policies contained in the comprehensive plan. 9 10 Where a rezoning application would occur pursuant to an amendment to the 11future land use map, the two (2) applications shall be processed simultaneously as a single 12application, except where provided for otherwise by Chapter 1.5, Section 7.C of the City of 13Boynton Beach Land Development Regulations. The procedures set forth in this paragraph 14shall also apply for applications to amend the future land use plan, except where such 15amendments would be included as part of the adoption of the comprehensive plan on a plan in 16its entirety, or the adoption of an evaluation and appraisal report. Therefore, “rezoning” shall be 17construed to include “future land use map amendment” in this subsection, unless a specific 18distinction is made between the two terms. 19 20 b. For amendments which would change the type of uses allowed within particular 21zoning districts or land use categories, or would otherwise change the permitted uses of land, 22where such amendments would occur pursuant to an amendment to the comprehensive plan, the 23two amendments shall occur simultaneously, except where provided for otherwise by Chapter 241.5, Section 7.D of the City of Boynton Beach Land Development Regulations. 25 26 c. The procedure for amending all other provisions contained in the zoning 27regulations shall be the same as the procedure for ordinance adoption generally, as set forth in 28Florida Statutes and the City of Boynton Beach Codes and Regulations. 29 30 3. Initiation of amendments. Amendments to the zoning regulations and the future land 31use plan shall be initiated only by the City Commission, the planning and development board, 32or by the petition of the owners of not less than fifty-one (51) percent of the area involved in the 33amendment. For amendments which are initiated by the City Commission or planning and 34development board, the documents, letters of consent, and information specified in paragraphs 354.b., 4.c., 4.d., 4.h.(2), and 4.h.(3) below shall not be required. For amendments which are 36initiated by less than one hundred (100) percent of the property owners of the area involved in 37the amendment, such documents and letters of consent shall be required only for property 38owners who have signed the petition for the amendment. 39 40 4. Materials to be submitted with applications. The following materials shall be 41submitted, in the number of copies specified by the planning director: 42 43 a. An application, on the forms provided by the planning department. Such 44application shall include, at a minimum, the following information: 45 46 (1) The name, address, and phone number of all owners, applicants, and agents. 47 November 9, 2010 9 PLANNING AND ZONING DIVISION SERVICES 1 (2) A statement of the applicant's interest in the development of the property. 2 3 (3) Intended use of the site. 4 5 (4)Existing zoning district and proposed zoning district. 6 7 (5) Existing category shown on the future land use map, and proposed category. 8 9 (6) Legal description of property which is the subject of the application. 10 11 (7) Street address or location of the subject parcel. 12 13 (8) Area of the subject parcel, to the nearest hundredth (1/100) of an acre. 14 15 b. A copy of the last recorded warranty deed. 16 17 c. The following documents and letters of consent: 18 19 (1) If the property is under joint or several ownership: A written consent to the 20application by all owners of record; and 21 22 (2) If the applicant is a contract purchaser: A copy of the purchase contract and 23written consent of the owner and seller; and 24 25 (3) If the applicant is represented by an authorized agent: A copy of the agency 26agreement, or written consent of the applicant; and 27 28 (4) If the applicant is a lessee: A copy of the lease agreement, and the written 29consent of the owner; and 30 31 (5) If the applicant is a corporation or other business entity: The name of the 32officer or person responsible for the application, and written proof that said person has the 33delegated authority to represent the corporation or other business entity, or in lieu thereof, 34written proof that he is in fact an officer of the corporation. 35 36 d. A sealed boundary survey of the subject parcel by a surveyor registered in the 37State of Florida, dated not more than six (6) months prior to the date of submission of the 38application, at a scale prescribed by the planning department, and containing the following 39information: 40 41 (1) An accurate legal description of the subject parcel. 42 43 (2) A computation of the total acreage of the subject parcel to the nearest 44hundredth (1/100) of an acre. 45 November 9, 2010 10 PLANNING AND ZONING DIVISION SERVICES 1 (3) A tree survey, which conforms to the requirements of the City of Boynton 2Beach Tree Preservation Ordinance. This requirement may be waived by the planning director 3where found to be unrelated to the land use or zoning issues involved with the application. 4 5 e. A complete certified list of all property owners, mailing addresses, and legal 6descriptions for all properties within at least four hundred (400) feet of the subject parcel as 7recorded in the latest official tax rolls in the county court house shall be furnished by the 8applicant. Mailing labels or addressed envelopes, and postage shall also be provided. Said list 9shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said 10list is complete and accurate. 11 12 f. A copy of the Palm Beach County Property Appraiser's maps showing all of the 13properties referred to in paragraph e. above, and their relation to the subject parcel. 14 15 g. A statement by the applicant justifying the zoning requested, including reasons 16why the property is unsuitable for development under the existing zoning and more suitable for 17development under the proposed zoning. 18 19 h. A comparison of the impacts that would be created by development under the 20proposed zoning, with the impacts that would be created under existing zoning. The maximum 21number of dwellings, square footage, or intensity allowed by the proposed zoning district shall 22be used to estimate impacts, unless specific limitations on the number of dwellings, density, or 23intensity are proposed by the applicant. This comparison shall include the following: 24 25 (1) A comparison of the potential square footage or number and type of dwelling 26units under the existing zoning with that which would be allowed under the proposed zoning or 27development. 28 29 (2) A statement of the uses that would be allowed in the proposed zoning or 30development, and any particular uses that would be excluded. 31 32 (3) Proposed timing and phasing of the development. 33 34 (4) Applications for rezoning to commercial or industrial zoning districts which 35exceed one (1) acre in area shall provide projections for the number of employees. An estimate 36of the number of employees shall not be required, however, for applications which are initiated 37by the city. 38 39 (5) A comparison of traffic which would be generated under the proposed zoning 40or development, with the traffic that would be generated under the current zoning; also, an 41analysis of traffic movements at the intersections of driveways that would serve the property 42and surrounding roadways, and improvement that would be necessary to accommodate such 43traffic movements. For proposed developments which would generate over three thousand 44(3,000) vehicle trips per day; or over two hundred fifty (250) single-directional vehicle trips 45within a one-hour period; or developments in the hurricane evacuation zone of the city 46containing over 100 dwelling units, a traffic impact analysis shall be required. Said traffic 47impact analysis shall include projected trip generation for the development, for all major November 9, 2010 11 PLANNING AND ZONING DIVISION SERVICES 1roadways and intersections within one and one-half (1.5) miles of the subject parcel, as well as 2traffic that would utilize local streets through residential zoning districts. Said traffic impact 3analysis shall compare traffic levels between the existing zoning and the proposed zoning or 4development of the subject parcel, and shall take into consideration all development that would 5be possible under the current zoning within the city, adjacent cities, and within the 6unincorporated area of Palm Beach County within a radius of five (5) miles. For those parcels 7lying in the unincorporated area of Palm Beach County, which are not currently zoned for urban 8land uses, the potential land uses according to the Palm Beach County Comprehensive Plan 9shall be used. Where said parcels are shown on the Palm Beach County Comprehensive Plan 10under residential land use categories, the midpoint of the density range shown on County 11Comprehensive Plan shall be used. Where a county-wide study of traffic generation at build-out 12has been adopted or is utilized by Palm Beach County, the levels of traffic that are projected by 13said study shall in all cases be used to project background traffic in the traffic impact analysis 14submitted by the applicant. The format and standards used in the traffic impact analysis shall be 15the same as those which are required by Palm Beach County, with the exception of the 16requirements listed above. Such traffic impact analysis shall include recommendations for the 17mitigation of traffic impacts, consistent with the standards which have been adopted by or are 18utilized by Palm Beach County. Traffic Impact Analyses required for developments within the 19hurricane evacuation zone must also include an evaluation of the effect of the development on 20hurricane evacuation times. 21 22 (6) For parcels larger than one (1) acre, a comparison of the water demand for 23development under the proposed zoning or development with water demand under the existing 24zoning. Water demand shall be estimated using the standards adopted by the Palm Beach 25County Health Department for estimating such demand, unless different standards are justified 26by a registered engineer. Commitment to the provision of improvements to the water system 27shall also be included, where existing facilities would be inadequate to serve development under 28the proposed zoning. 29 30 (7) For parcels larger than one (1) acre, a comparison of sewage flows that would 31be generated under the proposed zoning or development with that which would be generated 32under the existing zoning. Sewage flows shall be estimated using the standards adopted by the 33Palm Beach County Health Department for estimating such flows, unless different standards are 34justified by a registered engineer. Commitment to the provision of improvements to the sewage 35collection system shall also be included, where the existing facilities would be inadequate to 36serve development under the proposed zoning. 37 38 (8) For proposed residential developments larger than one (1) acre, a comparison 39of the projected population under the proposed zoning or development with the projected 40population under the existing zoning. Population projections according to age groups for the 41proposed development shall be required, where more than fifty (50) dwellings or fifty (50) 42sleeping rooms in the case of group housing, would be allowed under the proposed zoning. 43 44 (9) At the request of the planning department, planning and development board, 45or City Commission, the applicant shall also submit proposals for minimizing land use conflicts 46with surrounding properties. The applicant shall provide a summary of the nuisances and 47hazards associated with development under the proposed zoning, as well as proposals for November 9, 2010 12 PLANNING AND ZONING DIVISION SERVICES 1mitigation of nuisances and hazards. Such summary shall also include, where applicable, 2exclusion of particular uses, limitations on hours of operation, proposed location of loading 3areas, dumpsters, and mechanical equipment, location of driveways and service entrance, and 4specifications for site lighting. Nuisances and hazards shall be abated or mitigated so as to 5conform to the performance standards contained in the city's zoning regulations and the 6standards contained in the city's noise control ordinance. Also, statements concerning the 7height, orientation, and bulk of structures, setbacks from property lines, and measures for 8screening and buffering the proposed development shall be provided. At the request of the 9planning and development board or City Commission, the applicant shall also state the type of 10construction and architectural styles that will be employed in the proposed development. 11 12 (10) At the request of the planning department, planning and development board, 13or City Commission, the applicant shall also submit the following information: 14 15 (a) Official soil conservation service classification by soil associations and all 16areas subject to inundation and high ground water levels. 17 18 (b) Existing and proposed grade elevations. 19 20 (c) Existing or proposed water bodies. 21 22 (d) Form of ownership and form of organization to maintain common spaces 23and recreational facilities. 24 25 (e) A written commitment to the provision of all necessary facilities for storm 26drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste 27disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas, 28school sites, and other public improvements or dedications as may be required. 29 30 (11) For rezoning to planned zoning districts, the specific requirements for 31submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all 32materials required for a subdivision master plan shall also be submitted. 33 34 5. Fees. Fees shall be paid at the time that the application is submitted, according to 35the fee schedule adopted by the City Commission by resolution or ordinance. 36 37 6. Processing by planning department. The planning department shall receive all 38applications, review such applications for completeness, and transmit copies of such 39applications to the city clerk for public notice and/or notification of surrounding property 40owners. The planning department shall set a public hearing date before the planning and 41development board, in accordance with the schedule adopted by the City Commission. The 42planning department or City Commission may specify certain periods of time during which 43applications must be submitted. 44 45 7. Report and recommendations by the planning department. The planning department 46shall evaluate applications with respect to the following criteria: 47 November 9, 2010 13 PLANNING AND ZONING DIVISION SERVICES 1 a. Whether the proposed rezoning would be consistent with applicable 2comprehensive plan policies including, but not limited to, a prohibition against any increase in 3dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of 4the Palm Beach County Emergency Management Division and the city's risk manager. The 5planning department shall also recommend limitations or requirements which would have to be 6imposed on subsequent development of the property, in order to comply with policies contained 7in the comprehensive plan. 8 9 b. Whether the proposed rezoning would be contrary to the established land use 10pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would 11constitute a grant of special privilege to an individual property owner as contrasted with the 12protection of the public welfare. 13 14 c. Whether changed or changing conditions make the proposed rezoning desirable. 15 16 d. Whether the proposed rezoning would be compatible with utility systems, 17roadways, and other public facilities. 18 19 e. Whether the proposed rezoning would be compatible with the current and future 20use of adjacent and nearby properties, or would affect the property values of adjacent and 21nearby properties. 22 23 f. Whether the property is physically and economically developable under the 24existing zoning. 25 26 g. Whether the proposed rezoning is of a scale which is reasonably related to the 27needs of the neighborhood and the city as a whole. 28 29 h. Whether there are adequate sites elsewhere in the city for the proposed use, in 30districts where such use is already allowed. 31 32 The planning department shall transmit its findings and recommendations, together 33with the application and materials submitted by the applicant in paragraph 4.g. and h.(1) 34through h.(10) above to the planning and development board. The planning director may also 35solicit the comments of the technical review committee members, with respect to consistency of 36the proposed zoning with comprehensive plan policies and with respect to other city policies 37and code requirements, and transmit same to the planning and development board. 38 39 8. Public notice and notice to surrounding property owners. 40 41 a. Applications for rezoning and/or land use amendments shall be advertised 42consistent with applicable requirements of Florida Statutes. 43 44 b. Where required in Section 9.C.2.a. above, owners of properties within four 45hundred (400) feet of the subject parcel shall be notified as to the nature of the application, and 46the address or location of the property, and the time, date, and place of the initial planning and 47development board and City Commission hearings. Said notification shall be by regular mail November 9, 2010 14 PLANNING AND ZONING DIVISION SERVICES 1and shall be postmarked not less than thirty (30) days prior to the hearing before the planning 2and development board. 3 4 9. Action by planning and development board. The planning and development board 5shall conduct a public hearing, consistent with applicable requirements of Florida Statutes. 6After conducting the public hearing, the board shall recommend to the City Commission either 7that the application be approved, approved subject to modifications, or denied. The planning 8and development board shall base its recommendation upon findings, which may be based on 9the report by the planning department, or may be based on the materials submitted by the 10applicant. If the planning and development board votes to recommend approval of the rezoning, 11such findings shall include a statement that the proposed rezoning is consistent with the 12comprehensive plan. Where the board recommends limitations or requirements as conditions of 13rezoning, for other than planned zoning districts, the board shall also include a finding that such 14limitations and requirements are necessary for consistency with the comprehensive plan. 15 16 10. Action by City Commission. The City Commission shall conduct a public hearing, 17consistent with applicable requirements of Florida Statutes. After conducting the public 18hearing, the City Commission shall either vote to approve the application, approve the 19application subject to modifications, or deny the application. The City Commission may not 20approve any rezoning which increases residential density when the projected water and sewer 21demand exceeds the estimates assumed in the comprehensive plan of the city, Goal 3C Potable 22Water. The City Commission shall base its action on findings, which may be based on the 23recommendations of the planning and development board, the report by the planning 24department, or the materials submitted by the applicant. If the City Commission votes to 25approve the rezoning, such findings shall include a statement that the proposed rezoning is 26consistent with the comprehensive plan. The City Commission may approve any zoning 27district, land use category, or type and intensity of use which is the same as or less intensive 28than that which was requested in the application, or which covers the same area or a lesser area 29than was requested in the application, provided that such area does not extend beyond the 30property described in the application. The City Commission shall adopt an ordinance to amend 31the official zoning map and future land use map, in accordance with applicable requirements of 32the City of Boynton Beach Land Development Regulations and Florida Statutes. Where an 33amendment to the comprehensive plan is proposed in conjunction with an amendment to the 34zoning regulations, the procedure set forth in Section 163.3184, Florida Statutes, for review of 35such proposed amendments by the state shall also be complied with. Where the City 36Commission votes to impose limitations or requirements as conditions of rezoning, for other 37than planned zoning districts, the City Commission shall also include finding that such 38limitations and requirements are necessary for consistency with the comprehensive plan. 39 40 11. Limitation on further consideration. Within one (1) year after the date of final 41action by the City Commission or withdrawal of the application by the applicant, no application 42for like or similar zoning may be submitted, with the exception of applications which are 43initiated by the City Commission. 44 45 12. Limitations on changes to application, after application has been submitted. After 46notice of the public hearing has been published or notification has been mailed to surrounding 47property owners, the application may not be modified before final adoption of the ordinance to November 9, 2010 15 PLANNING AND ZONING DIVISION SERVICES 1rezone, so as to include any areas outside of the parcel described on the original application, 2increase the number or intensity of uses, request a more intensive zoning, increase the number 3or intensity of uses, request a more intensive zoning, increase the height of proposed structures, 4increase traffic levels on local streets through residential neighborhoods, increase the floor area 5or number of dwellings, or substantially increase the level of any measurable impact, nuisance, 6or hazard, compared to that which was shown in the original application. All such changes 7shall require a new application. Changes which decrease any of the impacts listed above may be 8requested by the applicant, recommended by the planning department or planning and 9development board, or required by the City Commission or State of Florida, without requiring a 10new application. 11 12 13. Time limitation for development of property. In the event that no site plan is 13submitted and site plan approval only is required, or the first plat is not recorded where platting 14is required, or a conforming use is not established where platting or site plan approval is not 15required, within eighteen (18) months after final approval of the rezoning by the City 16Commission, the City Commission shall review the zoning of the property and take action as 17specified in paragraphs a. or b. below. The requirements of paragraph a. and b. below shall also 18apply where site plan approval only is required and site plan approval lapses: 19 20 a. The City Commission may extend the zoning of the property for a period of one 21(1) year or more, or may extend the zoning of the property indefinitely. If development of the 22property in manner specified above does not occur by the end of said time extension, the City 23Commission may grant additional time extensions or may take action in accordance with 24paragraph b. below: 25 26 b. The City Commission may instruct the city manager to file an application to a 27more restrictive zoning district and/or future land use map category. The zoning of the property 28shall be considered to be extended until final adoption of the more restrictive zoning district 29and/or future land map use category. 30 31 14. Modifications to master plans of planned zoning districts and modifications to 32conditions of zoning for conventional zoning districts. 33 34 a. Planned zoning districts. Where such modifications are proposed for a planned 35zoning district, including any modifications to an approved master plan, the procedure to be 36followed shall be that which is specified in those respective sections of the City of Boynton 37Beach Land Development Regulations. 38 39 b. Modifications to requirements or limitations imposed at time of rezoning, for 40conventional zoning districts. Where changes are proposed to the requirements and limitations 41which were imposed at the time of rezoning in a conventional zoning district, such changes 42shall require review and recommendation by the planning department and planning and 43development board, and approval by the City Commission. Approval of such changes shall be 44accompanied by a finding that such changes are in accord with all regulations and 45comprehensive plan policies in effect at the time of the proposed change, and that such changes 46are not sufficiently substantial so as to warrant a new rezoning application. The determination 47of what constitutes a substantial change shall be within the discretion of the City Commission, November 9, 2010 16 PLANNING AND ZONING DIVISION SERVICES 1however, any proposed change that would increase the number of stories, or that would increase 2the amount of water consumed, the amount of sewage collected, or the amount of traffic 3generated by more than ten (10) percent, or that would create commercial or industrial uses 4where not established by previously approved zoning, or that would increase the area of 5property zoned, shall in all cases require a new zoning application. 6 7 15. Record of requirements and limitations imposed at time of zoning or rezoning. The 8planning department shall keep records of all requirements and limitations imposed at the time 9of rezoning and shall transmit a copy of same to the applicant, and make same available for 10inspection by the public. 11 C. Conditional Use, Including Time Extension. 12 13 1. General. 14 15 a. Purpose and Intent. 16The purpose and intent of this subsection 17is to set forth uniformed procedures, well-defined application processes, 18and information to guide the review of conditional use submittals. In 19addition to that described in this section, it is also the intent to provide 20for separate submittal requirements and expedited review process for 21those conditional uses that qualify as a sustainable development and 22meets the intent of the City’s green building initiatives. 23 b. Applicability. 24 Section 11.2. Conditional uses. A. 25SCOPE. Where zoning district regulations indicate that a use is allowed 26as a conditional use, the procedures, requirements, and standards set out 27in this section shall apply. The procedures, requirements, and 28standards of this section shall apply to any use that is identified with a 29“C” in the Use Matrix (Table 3-28) of Chapter 3, Article IV, Section 303.D. 31 c. Terms and Definitions. 32 As defined by Chapter 1, Article II, 33a use that because of special requirements or characteristics may be 34allowed in a particular zoning district, but only with conditions as 35necessary to make the use compatible with other uses permitted in the 36same zone or vicinity. B.DEFINITION.A conditional use is a use 37that would not be appropriate generally, or without restriction, 38throughout a zoning classification or district. Such uses however, if 39controlled as to area, location, number, or relation to the neighborhood, 40would promote public appearance, comfort, convenience, general 41welfare, good order, health, morals, prosperity, and safety of the city. 42Such uses may be allowed in a zoning classification or district as a 43conditional use if specific provision for such a conditional use is made in 44these zoning regulations. 45 November 9, 2010 17 PLANNING AND ZONING DIVISION SERVICES d.Rules. 1 For the purpose of this subsection, a “site plan” shall be 2construed to include either a new site plan or a major site plan 3modification. 4 e. Use Matrix. 5 Conditional uses are identified with a “C” in the 6Use Matrix (Table 3-28). See Chapter 3, Article IV, Section 3.C for the 7legend of the Use Matrix. 8 2. Submittal Requirements. 9The submittal requirements and process for 10this type of application will vary depending on whether the request is for use 11approval only or use approval in connection with improvements requiring site 12plan review (e.g. construction of new building, modifications to existing 13building or site, etc.). See Section 1.D above for the submittal requirements of 14this application. 15 16o. Any other information necessary to establish compliance with the section. 17Furthermore, any information required for site plans in accordance with Chapter 184 of the City of Boynton Beach Land Development Regulations shall also be 19required (Ord. No. 01-09, § 2, 2-6-01). 20 21C. PROCEDURES. Any person, firm or corporation owning property within 22the City of Boynton Beach, desiring to obtain a conditional use, shall proceed in 23the following manner: 24 25 1. The owner shall submit an application to the planning director, on 26forms prescribed by the director. Designation of a person other than the owner 27to sign the application shall be in writing and attached to the application. Each 28application shall be accompanied by a fee as adopted by resolution of the City 29Commission payable to the City of Boynton Beach, Florida. 30 31 2. The planning director shall then refer the application to the planning 32and development board for a public hearing in accordance with the following: 33 34 a. The owners of all property located four hundred (400) feet 35surrounding the subject parcel shall be notified. 36 37 b. The ownership of all the surrounding properties as submitted by 38the applicant, shall be reviewed by the city clerk, who shall notify the owners by 39regular mail of the date and purpose of the public hearing. Mailing shall be at 40least ten (10) days in advance of the public hearing so that owners may be 41represented in person, or by proxy. For notification purposes, the owners of 42property shall be those recorded on the latest official county tax rolls. 43 44 c. Notice of the public hearing shall also be advertised in a 45newspaper published in this city at least ten (10) days in advance of the hearing. 46 November 9, 2010 18 PLANNING AND ZONING DIVISION SERVICES 1 3. After holding a public hearing and reviewing the application, the 2planning and development board, subject to the standards of subsection D 3below, may approve (with or without conditions and safeguards) specifying a 4time limit within which the conditional use must be developed, or it may deny 5the conditional use. A written report of the board's findings shall be forwarded 6to the City Commission. 7 8 4. Upon receipt of any report and recommendation, the City 9Commission at a regular meeting shall review the application, and subject to the 10standards of subsection D below, may approve (with or without conditions and 11safeguards) specifying a time limit within which the conditional use must be 12developed, or it may deny the conditional use. 13 14 5. After receiving approval from City Commission, the applicant may 15proceed to furnish the necessary information to the development department for 16obtaining building permits. The development department shall not issue a 17building permit unless such permit conforms in every respect to the conditional 18use as approved by City Commission. 19 20F. CONTENTS OF THE CONDITIONAL USE APPLICATION. 21Applications for conditional use shall contain the following items, where 22applicable: 23 24a.Statement of Intent.Statement of the applicant's interest in the property 25to be developed, including a copy of the last recorded warranty deed, and a 26certificate from an attorney-at-law or a title insurance company certifying who 27the current fee simple title holders of record of the subject property are, and the 28nature and extent of their interest therein, and 29 30a.If joint and several ownership, a written consent to the development 31proposal by all owners of record, or 32 33b.If a contract purchase, a copy of the purchase contract and written 34consent of the seller/owner, or 35 36c.If an authorized agent, a copy of the agency agreement and written 37consent of the principal/owner, or 38 39d.If a lessee, a copy of the lease agreement and written consent of the 40owner, or 41 42e.If a corporation or other business entity, the name of the officer or person 43responsible for the application, and written proof that said representatives have 44the delegated authority to represent the corporation or other business entity, or 45in lieu thereof, written proof that he is in fact an officer of the corporation. 46 November 9, 2010 19 PLANNING AND ZONING DIVISION SERVICES 13. Vicinity map showing the location of the subject property in relation to the 2surrounding street system. 3 4Drawing showing the location of all property lying four hundred (400) feet 5surrounding the subject parcel, and a complete list of the property owners' 6names, mailing addresses and legal descriptions. The owners of property shall 7be those recorded on the latest official county tax rolls. Such list shall be 8accompanied by an affidavit stating that to the best of the applicant's knowledge, 9said list is complete and accurate. 10 112.Legal survey, prepared by a surveyor registered in the State of Florida, 12showing an accurate legal description of the subject property, and the total 13acreage computed to the nearest one-tenth (1/10) of an acre. 14 15 5. Site plan drawn to an appropriate scale, showing the following: 16 17 a. Name of the project. 18 19 b. Name, address, and telephone number of the owner and applicant. 20 21 c. North arrow, date, and scale. 22 23 d. Legal description. 24 25 e.Location of all proposed buildings and structures, indicating their 26setback distances from the property lines and roadways. 27 28 f. Intended use of all buildings and structures. 29 30 g. Existing and proposed means of vehicular ingress and egress to 31the subject property. Indicate traffic flow and show how vehicular traffic will be 32separated from pedestrian and other types of traffic. 33 34 h. Location of off-street parking and loading areas, showing the 35number of parking spaces, and the dimensions of parking aisles and driveways. 36 37 i. Location of all utility lines including gas, power, sewer, water, etc. 38 39 j. Location of all buffers, fences, screens and walls, showing height 40and type of materials used. 41 42 k. Location of all signs indicating height, lighting, and type of 43materials used. 44 45 l. Location of outdoor lighting showing direction, height, and type. 46 November 9, 2010 20 PLANNING AND ZONING DIVISION SERVICES 1 m. Location of solid waste containers, refuse, and service areas, 2indicating dimensions, type of materials used, and type of screening. 3 4 n. Site development date, including: 5 6(1) Zoning district__________________ 7 8(2) Area of subject property sq.ft. ________acres. 9 10(3) Type of development_________________ 11 12(4) Parking spaces required_____________ 13 14(5) Parking spaces provided_____________ 15 16(6) Ground floor building area______sq.ft. 17 18 __________% of site. 19 20(7) Total floor area________sq. ft. ________% of site. 21 22(8) Landscape area________sq. ft. _________% of site. 23(9) Parking and street area_______sq. ft. 24 25 _________% of site. 26 27 (10) Building heights______ ft._____stories 28 29 If the proposed project is a residential development, the following 30additional data shall be shown: 31 32 (11) Number of dwelling units________ 33 34 (12) Gross density_________ 35 36 (13) Number and type of dwelling units: 37 38 (a) Efficiency_________ 39 40 (b) One bedroom________ 41 42 (c) Two bedroom________ 43 44 (d) Three bedroom______ 45 46 (e) Four bedroom________ 47 November 9, 2010 21 PLANNING AND ZONING DIVISION SERVICES 1 (f) Total number of units______ 2 3(14) Floor area of each type of dwelling unit: 4 5 (a) Efficiency________sq. ft. 6 7 (b) One bedroom_______sq. ft. 8 9 (c) Two bedroom_______sq. ft. 10 11 (d) Three bedroom_____sq. ft. 12 13 (e) Four bedroom______sq. ft. 14 15 (15) Indicate the total area of the following: 16 17 (a) Principal buildings_______sq. ft. 18 __________% of site. 19 20 (b) Accessory buildings_______sq. ft. 21 __________% of site. 22 23 (c) Recreation areas________sq. ft. 24 __________% of site. 25 26 (d) Water bodies_________sq. ft. 27 __________% of site. 28 29 (e) Golf course__________sq. ft. 30 __________% of site. 31 3. Review Criteria. 32See Chapter 3, Article IV, Section 4 for the review 33standards applicable to the evaluation of conditional uses, which will vary 34depending on whether the request is for use approval only or use approval in 35connection with improvements requiring site plan review (e.g. construction of 36new building, modifications to existing building or site, etc.). In instances when 37site plan review is required, the review criteria of Section 2.F.3 below shall also 38apply. D. STANDARDS FOR EVALUATING CONDITIONAL USES. The 39planning and development board and City Commission shall consider only such 40conditional uses as are authorized under the terms of these zoning regulations 41and, in connection therewith, may grant conditional uses absolutely or 42conditioned upon the faithful adherence to and fulfillment of such restrictions 43and conditions including, but not limited to, the dedication of property for 44streets, alleys, recreation space and sidewalks, as shall be determined necessary 45for the protection of the surrounding area and the citizens' general welfare, or 46deny conditional uses when not in harmony with the intent and purpose of this 47section. In evaluating an application for conditional use, the board and November 9, 2010 22 PLANNING AND ZONING DIVISION SERVICES 1commission shall consider the effect of the proposed use on the general health, 2safety, and welfare of the community and make written findings certifying that 3satisfactory provision has been made concerning the following standards, where 4applicable: 5 61.Ingress and egress to the subject property and proposed structures 7thereon, with particular reference to automobile and pedestrian safety and 8convenience, traffic flow and control, and access in case of fire or catastrophe; 9 102.Off-street parking and loading areas where required, with particular 11attention to the items in subsection D.1. above, and the economic, glare, noise, 12and odor effects the conditional use will have on adjacent and nearby properties, 13and the city as a whole; 14 153.Refuse and service areas, with particular reference to the items in 16subsection D.1. and D.2. above; 17 184.Utilities, with reference to locations, availability, and compatibility; 19 205.Screening, buffering and landscaping with reference to type, dimensions, 21and character; 22 236.Signs, and proposed exterior lighting, with reference to glare, traffic 24safety, economic effect, and compatibility and harmony with adjacent and 25nearby properties; 26 277.Required setbacks and other open spaces; 28 298.General compatibility with adjacent properties, and other property in the 30zoning district; 31 329.Height of buildings and structures, with reference to compatibility and 33harmony to adjacent and nearby properties, and the city as a whole; 34 3510.Economic effects on adjacent and nearby properties, and the city as a 36whole; 37 3811. Conformance to the standards and requirements which apply to site plans, 39as set forth in Chapter 4 of the City of Boynton Beach Land Development 40Regulations; 41 4212.Compliance with, and abatement of nuisances and hazards in accordance 43with the performance standards, Section 4.N of Chapter 2; also, conformance to 44the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 45of the Boynton Beach Code of Ordinances; and 46 November 9, 2010 23 PLANNING AND ZONING DIVISION SERVICES . 113Required analysis. All conditional use applications for bars, nightclubs 2and similar establishments shall include the following analysis: 3 4a.Data on the sound emitting devices/equipment and the methods and 5materials to be used to assure that the acoustic level of the City Code will be 6met; 7 8b.The analysis shall specify the authority and/or basis for determination of 9the acoustic level of the sound emitting devices/ equipment; 10 11c.The analysis of any sound retention, reduction or reflection shall include 12information such as the nature, types and coefficients of sound absorbent and 13sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, 14windows, and floors and insulation to be used; and / or 15 16d.It shall also verify that sound standards shall be met during the normal 17opening of doors for people entering and exiting the establishment. 18 4. Approval Process. 19 The Planning and Development Board and City 20Commission shall consider only such conditional uses as are authorized under 21the terms of the zoning regulations of Chapter 3. An application for conditional 22use approval requires review by the City Commission and shall be processed in 23accordance with Chapter 2, Article I, Section 3. The Commission, upon 24recommendation of the Board, may grant conditional uses absolutely or 25conditioned upon the faithful adherence to the review criteria contained in 26Section 2.C.3 above. The Commission may also deny requests for conditional 27uses when not in harmony with the intent and purpose of this section. 28 5. Expiration. 29 The applicant shall secure a Business Tax Receipt within 30the time frame established by the City Commission. The conditional use shall 31expire if the applicant is unable to secure a Business Tax Receipt within that 32timeframe; however, if the conditional use was approved in connection with a 33site plan, then the expiration of the conditional use shall be the same as the 34expiration of the corresponding site plan in accordance with Section 2.F.5 35below. 36 37E. TIME LIMITATION; EXTENSION OF CONDITIONAL USES. 1. 38 When the City Commission approves a conditional use, it shall establish a time 39limit within which a conditional use may be developed. In the event that the 40conditional use is not developed within said time limitation, it shall expire 41unless improvements representing twenty-five (25) percent of the total cost of 42all improvements to be used in developing a conditional use have been 43constructed on the property. 44 6. Time Extension. 45 At its discretion, the City Commission may extend 46the approval of a conditional use that is in connection with site plan approval, if 47such request for extension is filed prior to the date of expiration of the original November 9, 2010 24 PLANNING AND ZONING DIVISION SERVICES 1approval period. In this instance, the request for extension shall be processed in 2accordance with Section 2.F.6 below. 3 4E. TIME LIMITATION; EXTENSION OF CONDITIONAL USES. 5 6 1. When the City Commission approves a conditional use, it shall establish a time limit 7within which a conditional use may be developed. In the event that the conditional use is not 8developed within said time limitation, it shall expire unless improvements representing twenty- 9five (25) percent of the total cost of all improvements to be used in developing a conditional use 10have been constructed on the property. 11 12 2. The City Commission may extend a conditional use approval in accordance with the 13standards set forth herein. If the City Commission does grant approval for an extension of a 14conditional use, it shall also set a time period for such extension, and in the event that 15development has not progressed to the extent specified in subsection E.1. above at the 16expiration of the time period, then the extension shall be deemed to have expired. However, an 17applicant may apply for more than one (1) extension of a conditional use. 18 19 a. An application for an extension of a conditional use shall be submitted to the 20planning director on forms prescribed by the director not less than forty-five (45) days prior to 21its expiration. Each application for extension shall be accompanied by a fee as adopted by 22resolution of the City Commission, payable to the City of Boynton Beach, Florida. The 23planning director, upon receipt of a properly completed application, shall forward the same to 24the planning and development board which shall make a recommendation to the City 25Commission to either approve or deny the extension request. If the recommendation of the 26planning and development board is for approval, it shall also recommend a time period for the 27extension. 28 29 b. In evaluating applications for extensions, the City Commission and planning and 30development board shall use the following standards: 31 32 (1) Where there are substantial physical improvements on the land. 33Development approval for any extension is granted by the city only to enable an applicant to 34complete development and construction of a project as opposed to permitting a land speculator 35to retain an approval to more readily sell the land. Thus, consideration shall be given to 36applicant's genuine desire to physically develop the land involved as evidenced by his diligence 37and good faith efforts to actually commence and complete construction of the project for which 38original approval was granted. In determining good faith, some factors to be considered are: 39The extent to which construction has commenced, when construction has occurred (construction 40which is commenced immediately preceding expiration generally indicating a lack of good 41faith), and the extent to which there has been a bona fide continuous effort to develop but 42because of circumstances beyond the control of the applicant, it was not possible to meet the 43time limitation referred to in subsection E.1. above. 44 45 (2) When the land has not been substantially physically improved or the 46applicant has not met the standards of E.2.b.(1) above. The application shall be evaluated in 47accordance with the criteria set forth in Section 11.2D. which relates to an original application November 9, 2010 25 PLANNING AND ZONING DIVISION SERVICES 1to be considered under this subsection, the planning director may require the submission of such 2additional and current information as he may deem appropriate to evaluate the application. The 3additional and current information requested shall be of the same type as is required under 4Section 11.2F. for an original conditional use application. 5 6 (3) When a conditional use expires and no extension has been approved. Any 7building permits outstanding with reference to such conditional use shall also expire, unless as 8to a particular permit, construction has commenced as defined in Chapter 5 of this Code. 9 D. Rezoning, Including Master Plan. 10 11 1. General. 12 13 a. Purpose and Intent. 14 The purpose of this subsection is to 15provide a means for changing the zoning district boundaries or 16designations through site-specific amendments to the Official Zoning 17Map. It is not intended to relieve particular hardships or to confer 18special privileges or rights to any person, but only to make necessary 19adjustments in response to or based upon changed conditions. 20 b. Authority. 21 The City Commission has the authority to amend 22the Official Zoning Map upon compliance with the provisions of this 23subsection. 24 c. Initiation. 25 Amendments to the Official Zoning Map may be 26proposed by the owner (or agent) of the affected land or city-initiated.. 27 d. Consistency with Future Land Use Map (FLUM) of 28 Comprehensive Plan. 29 No application to rezone lands may be 30submitted that would result in an inconsistency with the FLUM 31classification. See Section 2.B.3 above for the process by which to 32amend the FLUM classification. 33 e. Rezoning to Planned Zoning Districts. 34A master plan, 35along with the concurrent filing and review of a site plan application, 36shall be required when an application is made to rezone lands to a 37planned zoning district. The master plan shall be an integral component 38of the rezoning application and reviewed in accordance with Section 392.D.6 below. See Section 2.F. below for additional regulations 40pertaining to the site plan application. 41 2. Submittal Requirements. 42 See Section 1.D above for the submittal 43requirements of this application. 44 3. Review Criteria. 45 An amendment to the Official Zoning Map 46processed with or without the concurrent FLUM amendment shall be reviewed 47based on one (1) or more of the following factors: November 9, 2010 26 PLANNING AND ZONING DIVISION SERVICES 1 a. Demonstration of Need. 2 A demonstration of need, based 3upon changing conditions that represent a demand for the proposed 4zoning district and the land use classification. Appropriate data and 5analysis that adequately substantiates the rezoning and the land use 6amendment, if applicable, must be provided within the application. 7 b. Consistency 8. Whether the proposed rezoning and the FLUM 9amendment, if submitted concurrently, would be consistent with the 10purpose and intent of, and promote, the applicable Comprehensive Plan 11policies, Redevelopment Plans, and Land Development Regulations. 12Approvals of a request to rezone to a planned zoning district may 13include limitations or requirements imposed on the master plan in order 14to maintain such consistency. 15 c. Land Use Pattern 16. Whether the proposed rezoning and the 17FLUM amendment, if submitted concurrently, would be contrary to the 18established land use pattern, or would create an isolated zoning district 19or an isolated land use classification unrelated to adjacent and nearby 20classifications, or would constitute a grant of special privilege to an 21individual property owner as contrasted with the protection of the public 22welfare. This factor is not intended to exclude rezonings and FLUM 23amendments that would result in more desirable and sustainable growth 24for the community. 25 d. Sustainability. 26Whether the proposed rezoning and the 27FLUM amendment, if submitted concurrently, would support the 28integration of a mix of land uses consistent with the Smart Growth or 29sustainability initiatives, with an emphasis on 1) complementary land 30uses; 2) access to alternative modes of transportation; and 3) 31interconnectivity within the project and between adjacent properties. 32 e. Availability of Public Services / Infrastructure. 33Requests for 34rezoning to planned zoning districts and FLUM amendments, if 35submitted concurrently, shall be subject to review pursuant to Chapter 1, 36Article VI Concurrency. 37 f. Compatibility 38. The application shall consider the 39following compatibility factors: 40 41(1) Whether the proposed rezoning and FLUM amendment, 42if submitted concurrently, would be compatible with the current 43and future use of adjacent and nearby properties, or would 44negatively affect the property values of adjacent and nearby 45properties. 46 November 9, 2010 27 PLANNING AND ZONING DIVISION SERVICES 1(2) Whether the proposed rezoning and FLUM amendment, 2if submitted concurrently, is of a scale which is reasonably 3related to the needs of the neighborhood and the City as a whole. 4 g. Alternative Sites 5. Whether there are adequate sites elsewhere 6in the City for the proposed use in zoning districts where such use is 7already allowed. 8 h. Master Plan and Site Plan Compliance with Land 9 Development Regulations. 10 When master plan and site plan review are 11required pursuant to Section 2.D.1.e above, both shall comply with the 12requirements of the respective zoning district regulations of Chapter 3, 13Article III and the site development standards of Chapter 4. 14 4. Approval Process. 15 An application for rezoning approval requires 16review by the City Commission and shall be processed in accordance with 17Chapter 2, Article I, Section 3. 18 5. Denial. 19 Within one (1) year from the date of denial by the City 20Commission or withdrawal of the application by the applicant, no application for 21same or similar zoning may be submitted, with the exception of applications 22which are initiated by the City. 23 6.Master Plan. 24 25 a. General. 26 The purpose of this subsection is to set forth well- 27defined application processes, review criteria, and uniform procedures 28for the rezoning of lands to planned districts (as defined by Chapter 1, 29Article II). 30 b. Submittal Requirements. 31 The applicant is required to 32complete the rezoning application (see Section 1.D above), including 33that which pertains to master plan review, in addition to the site plan 34application, and provide all documentation required by the respective 35application checklist. 36 37When a project is to be completed in two (2) or more phases, more than 38one phase may be included in a single site plan, or individual site plans 39may be submitted for each phase and filed concurrently with the 40submittal of the master plan. The Director of Planning and Zoning may 41waive the requirement that all site plans be submitted simultaneously, 42provided that the site plan for the first phase is representative of the 43subsequent phase(s) and adequate to show compliance with all 44applicable development standards and regulations. 45 c. Review Criteria. 46 The master plan shall comply with the 47requirements of the respective zoning district regulations of Chapter 3, November 9, 2010 28 PLANNING AND ZONING DIVISION SERVICES 1Article III and site development standards described in Chapter 4. In 2addition, the site plan shall be consistent with the master plan. See 3Section 2.F.3 below for the review criteria of a site plan. 4 d. Approval Process. 5 A request to rezone (and its accompanying 6master plan) shall be reviewed concurrently with the processing of the 7site plan application. Both applications require review by the City 8Commission and shall be processed in accordance with Chapter 2, 9Article I, Section 3. 10 e. Expiration. 11 A master plan, which is an integral component of 12a rezoning application to a planned zoning district pursuant to Section 132.D.1.e above, shall remain valid unless the corresponding site plan 14expires. In these instances, the Official Zoning Map retains the planned 15zoning district designation, but the property does not possess a valid 16development order or development permit, and no permits may be 17granted by the City on the subject property. The submittal and approval 18of a new rezoning application, which includes a new or modified master 19plan, and concurrent site plan application shall be required in order to 20commence development, redevelopment, or other site improvements. 21 f. Modification to Master Plan. 22 Changes to master plans are 23either “minor” or “major” based on criteria within this section. A pre- 24application conference with staff is a prerequisite to filing an application 25for modification. The site plan must be consistent with the master plan; 26therefore, any request to modify a master plan may require the submittal 27of a concurrent request for site plan modification in accordance with 28Section 2.F.7 below. Staff shall consider the following factors in 29determining whether the proposed master plan modification is 30considered “major”: 31 32(1) The modification increases the buildable square footage 33(intensity) or number of dwelling units (density) by more than 34five percent (5%); 35 36(2) The modification either adds or eliminates a point of 37ingress and egress; 38 39(3) The modification eliminates, reduces, or changes the 40location of the required or provided open spaces and pedestrian 41plazas such that it diminishes their value, performance, 42efficiency, effectiveness, practicality, or does not otherwise meet 43the intent of these Regulations; 44 45(4) The modification causes the development to be below the 46development standard for the zoning district in which it is November 9, 2010 29 PLANNING AND ZONING DIVISION SERVICES 1located or any other applicable standard in the Land 2Development Regulations; 3 4(5) The modification alters the project so that the modified 5master plan does not resemble the approved master plan; 6 7(6) The modification affects or does not comply with a 8condition of approval of the preceding development order; 9 10(7) The modification is proposed to a city-owned or operated 11facility and does not adversely impact adjacent properties and / 12or public lands. 13 g. Major Master Plan Modification. 14 15 16(1) Submittal Requirements. See Section 1.D above for 17the submittal requirements of this application. 18 19(2) Review Criteria. The proposed master plan shall 20comply with the requirements of the respective zoning district of 21Chapter 3, Article III, and the site development standards 22described in Chapter 4. 23 24(3) Approval Process. An application for major master 25plan modification requires review by the City Commission and 26shall be processed in accordance with Chapter 2, Article I, 27Section 3. 28 29(4) Expiration. There is no expiration of a major master 30plan modification. 31 32(5) Miscellaneous. At the time the City Commission 33approves a request for a major master plan modification, any 34previously approved master plan, including any conditions of 35approval, shall be null and void.All future development shall be 36consistent with the master plan, as modified and approved by the 37City Commission, including all corresponding conditions of 38approval. 39 h. Minor Master Plan Modification. 40 41 42(1) Submittal Requirements. The applicant shall submit 43a letter explaining the modification(s) along with the master plan 44(in the number of copies specified by the Division). The 45applicant shall also provide consent from the property owner to 46file an application for the minor master plan modification. 47 November 9, 2010 30 PLANNING AND ZONING DIVISION SERVICES 1(2) Review Criteria. The proposed master plan shall 2comply with the following: 1) all applicable conditions of 3approval of the preceding master plan; 2) requirements of the 4respective zoning district of Chapter 3, Article III; and 3) the site 5development standards described in Chapter 4. 6 7(3) Approval Process. The application shall be reviewed 8by staff and action will be taken by the appropriate 9administrative official. Upon approval of a minor master plan 10modification, all future development shall be consistent with the 11master plan, as modified, including all previously approved 12conditions of approval associated with the master plan. 13 14ARTICLE I. IN GENERAL 15Section 1. Purpose. 16 The purpose of this chapter is to provide a procedure to review new developments, 17redevelopments and modifications to existing developments that require compliance 18with the development regulations of the City of Boynton Beach and promote 19development that is desirable, innovative, imaginative and compatible with existing 20development in the city. 21 22Section 2. Prerequisites to master plan. 23 A. Zoning. 24 25 Prior to consideration of any proposed subdivision under the terms of this 26ordinance, the area to be subdivided must have the appropriate zoning for the intended 27use. 28 29 B. Suitability of land. 30 31 Unless adequate methods of correction are formulated and approved in 32accordance with the provisions of this chapter, land which is determined to be 33unsuitable for subdivision due to poor soil quality, flooding or other features likely to be 34harmful to the health, safety and general welfare of future residents, shall not be 35subdivided. 36 37Section 3. Administration. 38 For the purpose of coordinating, enforcing and administering this chapter, the 39director of development shall be the administrative officer, except that the director of 40planning shall be responsible for the review and administration of the pre-application 41process. 42 43Section 4. Appeals. 44 When an aggrieved party wishes to appeal an administrative, board or commission 45decision, it must be filed as outlined in Chapter 1, Article VII, Appeals. 46 47(Ord. No. 96-53, § 1, 1-21-97) November 9, 2010 31 PLANNING AND ZONING DIVISION SERVICES 1 2Section 5. Approval. 3 Upon receiving the approval as prescribed for the master plan from the director of 4planning and zoning, or his or her designee, the developer shall coordinate the 5preparation of construction plans, the plat and the construction of required 6improvements directly with the city engineer as hereinafter prescribed. 7 8(Ord. No. 02-033, §§ 3, 4, 8-20-02) 9 10ARTICLE II. APPLICABILITY 11Section 1. Master planning required. 12 The following work shall be required to undergo master plan review: 13 14 A. All new developments. 15 16 B. All modifications to existing development that expand floor area, require 17increased parking, intensify the use of a structure or change the occupancy of a building. 18 19 C. Exterior remodeling, alterations, modifications. 20 21 D. Master plans for all planned developments shall comply with this chapter 22except that lot sizes, setbacks and other features preserving open spaces of scenic and 23useful value for common enjoyment established in Chapters 2 and 2.5 shall take 24precedence over this chapter in cases of specific conflict. 25 26Section 2. Exemption to master planning. 27 The following work shall not be required to undergo master plan review: 28 29 A. The construction of a single-family home or a duplex. 30 31 B. Installation of fire sprinklers. 32 33 C. Replacement of existing electrical components. 34 35 D. Installation of fire alarms. 36 37 E. Voluntary life safety responsive projects when endorsed by the fire marshal, 38development director and planning director. 39 40Section 3. Waiver of master planning. 41 Master plan review may be waived by the planning and zoning director or designee 42based upon submission of written application; payment of fee; and all of the following: 43 44 A. If the remodeling, alteration, modification, development or redevelopment does 45not change the preexisting configuration of buildings or site or reduce emergency 46vehicle access; and 47 November 9, 2010 32 PLANNING AND ZONING DIVISION SERVICES 1 B. If there is no change of use which increases the required number of off-street 2parking spaces; and 3 4 C. If there is compliance with the land development regulations of the City of 5Boynton Beach. In the event a property owner or his agent disputes the planning and 6zoning director's determination regarding compliance, the work shall be subject to 7review. 8 9(Ord. No. 96-53, § 2, 1-21-97) 10 11ARTICLE III. PREAPPLICATION CONFERENCE. 12 The purpose of the pre-application procedure is to allow the developer and the 13directors of development and planning the opportunity to consult informally prior to the 14preparation of the master plan and formal application. 15 16Section 1. Written preapplication. 17 A written pre-application shall be submitted to the director of planning. The written 18application shall contain the following: 19 20 A. Ten (10) copies of a written statement generally describing the condition of the 21site and the proposed development of the entire subdivision. This statement shall 22include but is not limited to data on existing covenants, location of utility facilities, soil 23characteristics and information describing the subdivision proposal including number of 24units, typical lot size, public areas, anticipated utility source and other information 25considered pertinent. 26 27 B. Ten (10) copies of a sketch plan including the following on a twenty-four by 28thirty-six (24 × 36) inch sheet: A vicinity sketch showing the location of the land to be 29subdivided; approximate acreage; natural features such as low or swampy areas, 30streams, lakes or canals; identification of adjacent lands; a brief description of the land 31to be subdivided; name, telephone number and address of the developer; date; north 32arrow; streets; general lot and block layout; layout of all adjoining streets; zoning 33classification of the tract and adjacent properties; location of existing improvements and 34any other significant features. 35 36 C. A fee as adopted by resolution of the City Commission is required with the pre- 37application, to help defray the cost of processing the pre-application. 38 39 D. Ten (10) copies each of an existing tree survey and a tree management plan. 40 41Section 2. Procedure. 42 Upon receipt of the statement, plan and fee, the director of planning shall disperse 43copies to the city manager, TRC members, the city clerk and, if required, the city's 44consulting engineers. The director of planning will then advise the developer of the 45time and place of the planning and development board meeting. After consultation with 46the director of development and planning and development board, the developer may November 9, 2010 33 PLANNING AND ZONING DIVISION SERVICES 1proceed with an application for approval of the master plan as required by this 2ordinance. 3 4ARTICLE IV. MASTER PLAN PREPARATION 5AND SUBMISSION 6Section 1. Preparation. 7 The developer's Florida registered engineer, landscape architect, architect or 8surveyor shall prepare a master plan of the subdivision. The master plan shall be 9coordinated with the major utility suppliers providing services. 10 11Section 2. Submission. 12 Ten (10) copies of the master plan of the proposed subdivision must be submitted to 13the director of planning for placement on the technical review committee agenda. 14 15Section 3. Master plan content. 16 When submitted, the master plan shall contain the following: 17 18 A. Name of subdivision or identifying title which shall not duplicate or closely 19approximate the name of any other subdivision in incorporated or unincorporated areas 20of Palm Beach County. 21 22 B. A vicinity sketch showing the location of the tract in reference to other areas of 23the city or county. 24 25 C. North arrow, graphic scale, scale and date. 26 27 D. Name, address and telephone number of the developer, the developer's agent, 28the engineer and the surveyor. 29 30 E. The location, names and elevations of adjacent subdivisions, if any. 31 32 F. The tract boundary. 33 34 G. Topographical conditions on the tract including existing watercourses, drainage 35ditches and bodies of water, marshes and other significant features. 36 37 H. Existing streets, alleys and easements on or adjacent to the tract including 38name, right-of-way width and street or pavement width. Existing streets shall be 39dimensioned to the tract boundary. 40 41 I. Existing property lines, easements and rights of way, their purpose, and their 42effect on the proposed subdivision. 43 44 J. The incorporation and compatible development of present and future streets as 45shown on the official city map when such present or future streets are affected by the 46proposed subdivision. 47 November 9, 2010 34 PLANNING AND ZONING DIVISION SERVICES 1 K. Access points to collector and arterial streets showing their compliance to the 2access requirements established by this ordinance. 3 4 L. All existing drainage district facilities and their ultimate right-of-way 5requirements as they affect the proposed subdivision. 6 7 M. Generalized statement of subsurface conditions on the property, plus location 8and results of tests made to ascertain subsurface soil conditions and groundwater depth. 9 10 N. Zoning classification of the tract. 11 12 O. Utilities such as telephone, electricity, water, sewer, gas, cable, etc., on or 13adjacent to the tract including existing or proposed water treatment plants and sewerage 14treatment plants. 15 16 P. A statement that all utilities are available and will be provided by appropriate 17agencies. 18 19 Q. Sites proposed for parks, recreational areas, and schools. 20 21 R. The locations of all temporary structures or permanent structures having a 22temporary use. Master plans shall contain a statement outlining the temporary use and 23when they will be removed. 24 25 S. A subdivision that generates three thousand (3,000) vehicle single-directional 26trips per day or two hundred fifty (250) vehicle single-directional trips in any one hour 27period must submit a traffic impact analysis not more than six (6) months old, prepared 28by a professional engineer competent in traffic engineering for use in determining the 29number of lanes and capacity of the street system proposed or affected by the 30development, and the phasing of improvements. 31 32 T. A master storm water management plan outlining the primary and secondary 33drainage and storm water treatment facilities needed for the proper development of the 34subdivision shall be submitted along with the master plan. The master storm water 35management plan shall consist of an engineering drawing; a written report indicating the 36method of drainage; existing water elevations; recurring high water elevations; the 37proposed design water elevations; one hundred-year storm elevation; drainage 38structures; canals; ditches; storm water treatment methods; necessary percolation; 39detention and management areas; and any other information pertaining to the control 40and management of storm and ground water. In cases where modification or 41improvements are neither planned nor required for primary and secondary drainage 42facilities, this requirement may be met on the master plan. 43 44 U. Upon filing the master plan with the director of planning, the developer shall 45pay a fee as adopted by resolution of the City Commission to help defray the cost of 46administering and processing the master plan and this fee is not refundable. If more November 9, 2010 35 PLANNING AND ZONING DIVISION SERVICES 1than one resubmittal of the corrected or revised master plan is required by the TRC, an 2additional fee shall be charged for each resubmittal. 3 4 V. Tree survey as described in Chapter 7.5, Article I, Section 7, Site Plan 5Information, paragraph D as well as a written tree management plan describing how the 6applicant intends to comply with Chapter 7.5 Environmental Regulation. 7 8(Ord. No. 96-53, § 3, 1-21-97) 9 10Section 4. Technical review. 11 When Master Plan review is required by the provisions of this Chapter, the Review 12will be conducted as outlined in Chapter 1, Article VIII, Development Reviews. 13 14(Ord. No. 96-53, § 4, 1-21-97) 15 E. Sign Program. 16 17 1. General. 18 19 a. Purpose and Intent. 20The purpose and intent of this subsection 21is to create a comprehensive and efficient process by which to review 22project signage within certain types of developments. 23 b. Applicability. 24Pursuant to Chapter 4, Article IV, Section 254, a sign program shall be required for all permanent types of signs 26proposed within nonresidential and mixed-use developments containing 27multiple tenants. For the purposes of this subsection, a “site plan” shall 28be construed to include either a new site plan or a major site plan 29modification. 30 31All applications shall be filed by the sign owner or his agent, with the 32appropriate fee and shall describe and set forth the following: 33 34The type and number of signs or sign structures. 35 36The area per sign and dimensions of structures. 37 38Three (3) certified copies of the site plan showing sign location, sign 39elevations and construction details, such as materials, colors, wind 40resistance requirements and structural details. 41 42In addition to the above, one (1) set of colored sign elevations with all 43copy shown in the type style to be used. (Ord. No. 00-78, § 2, 1-2-01; 44Ord. No. 01-50, § 3, 12-4-01) 45 2. Submittal Requirements. 46 See Section 1.D above for the submittal 47requirements of this application. November 9, 2010 36 PLANNING AND ZONING DIVISION SERVICES 1 3. Review Criteria. 2 The sign program shall comply with the 3sustainable and green checklist, and the requirements of the site development 4standards described in Chapter 4. 5 4. Approval Process. 6 The sign program shall be approved in accordance 7with site plan review (Section 2.F.below) or its equivalent. Sign program. All 8requests for approval of a sign program shall be filed as part of the original 9Master site plan approval process or as a modification to the approved Master 10site plan. 11 F. Site Plan, Including Time Extension and Modifications. 12 13 1. General. 14 15 a. Purpose and Intent. 16The purpose of this subsection is to set 17forth uniform procedures, well-defined application processes, and 18information to guide the review of site plan submittals. It is also the 19intent to provide for separate submittal requirements and expedited 20review processes for those developments that qualify as a sustainable 21development (as defined by Chapter 1, Article II Definitions) and meets 22the intent of the City’s green building initiatives. 23 b. Applicability. 24 No building permits shall be issued for 25projects requiring site plan approval until after the plan has been 26approved by the City. The following work shall be required to undergo 27site plan review as required by this section: 28 29(1) All new developments; 30 31(2) All modifications to existing development that expand 32floor area, require increased parking, intensify the use of a 33structure, or change the occupancy of a building; 34 35(3) Exterior remodeling, alterations, modifications; or 36 37(4) Community gardens containing storage and / or 38agricultural structures that are greater than 100 square feet as 39provided for in the Supplemental Regulations (Chapter 3, Article 40V, Section 3). 41 c. Exemptions 42. The following work shall not be required to 43undergo site plan review as required by this chapter: 44 45(1) The construction of a single-family home or a duplex; 46 November 9, 2010 37 PLANNING AND ZONING DIVISION SERVICES 1(2) Interior renovations, except projects as specified in 2Section 2.F.1.b above; 3 4(3) Installation of fire sprinklers; 5 6(4) Replacement of existing electrical components; 7 8(5) Installation of fire alarms; or 9 10(6) Voluntary life safety responsive projects when endorsed 11by the Fire Marshal, Director of Development or Director of 12Planning and Zoning. 13 d. Waiver of Site Plan Review. 14 Notwithstanding 15compliance with the concurrency regulations of Chapter 1, Article VI, 16the Director of Planning and Zoning or designee may waive the 17requirement for site plan review based upon all of the following factors: 18 C. Site plan review may be waived by the planning and zoning 19director or his designee based upon all of the following: 20 21(1) The remodeling, alteration, or redevelopment does not 22change the preexisting appearance or configuration of the 23buildings or site; 24 25(2) The remodeling, alteration, or redevelopment does not 26reduce emergency vehicle access to the buildings or site; 27 28(3) The change of use would not represent an increase in the 29minimum number of required off-street parking spaces; 30 31(4) Compliance with the City’s development regulations is 32maintained. The work shall be subject to site plan review in 33those instances when an applicant disputes a determination from 34the Director of Planning and Zoning regarding compliance; and 35 36(5) Any work, improvement, or modification to a developed 37site or building that meets the intent of the City’s green building 38initiatives. 39 401.If the remodeling, alteration, modification, development 41or redevelopment does not change the preexisting configuration 42of buildings or site or reduce emergency vehicle access; and 43 442.If there is no change of use which increases the required 45number of off-street parking spaces; and 46 November 9, 2010 38 PLANNING AND ZONING DIVISION SERVICES 13.There is compliance with the development regulations of 2the City of Boynton Beach. In the event a property owner or his 3agent disputes the planning and zoning director's determination 4regarding compliance, the work shall be subject to site plan 5review. 6 74. Waivers shall be requested by completion of an application 8prepared by the planning and zoning department and payment of 9a fee established and adjusted by the City Commission from time 10to time. 11 125. The planning director shall file a quarterly report on 13waivers with the City Commission. 14 2. Submittal Requirements. 15 See Section 1.D above for the submittal 16requirements of this application. 17 3. Review Criteria. 18 The site plan shall comply with the following: 1) 19requirements of the respective zoning district regulations of Chapter 3, Article 20III; 2) site development standards described in Chapter 4; and 3) the best 21development practices in the sustainable and green checklist. See Section 222.D.6.c above for additional regulations regarding the requirement that the site 23plan be consistent with the master plan when rezoning lands to a planned zoning 24district. 25 4. Approval Process. 26 An application for site plan approval requires 27review by the City Commission and shall be processed in accordance with 28Chapter 2, Article I, Section 3. 29 5. Expiration. 30 31 a.General. 32 Upon approval of a site plan by the City 33Commission, the applicant shall have 18 months to secure a building 34permit from the Development Department. 35 b. Sustainable Development. 36If approved as a sustainable 37development, the applicant for a sustainable project shall be required to 38secure a building permit in the time period in accordance with Table 2-2: 39 40(1) Table 2-2. 41 Number of Property Size Dwelling Units Time Period (in square feet) (Residential Only) < 40,000 s.f. < 80 du 3 years > 40,000 s.f. > 80 du 5 years 42 November 9, 2010 39 PLANNING AND ZONING DIVISION SERVICES 1In addition, the applicant shall be required to submit an annual 2progress report to the Director of Planning and Zoning indicating 3the status of the project and any updates demonstrating its 4completion. The City reserves the right to revoke the 5development order of any sustainabledevelopment after the 6initial 18 months if it is subsequently determined that it is not a 7sustainable development. In these instances, the applicant may 8request a site plan time extension in accordance with Section 92.F.6 below. 10 c.Null and Void. 11All previous approvals shall be null and 12void if the applicant is unable to secure a building permit within the 13above timeframes. For the purposes of this section, minor permits 14issued by the Departments of Development or Public Works (e.g. 15clearing and grubbing; walls and fences; docks, land development; 16utilities; etc.) shall not constitute the type of permit necessary to extend 17the life of a development order for site plan review purposes. 18 6. Time Extension. 19 20 a. General. 21 An applicant may request to extend the approval 22of a site plan for an additional time period, not to exceed 18 months, 23provided that such request for extension is filed prior to the date of the 24expiration of the original 18-month period. For the purposes of the 25subsection, a “site plan” shall be construed to include either a new site 26plan or a major site plan modification. There is no limit to the number 27of extensions that may be requested. 28 b. Submittal Requirements. 29 See Section 1.D above for the 30submittal requirements of this application. 31 c. Review Criteria. 32 The site plan time extension shall comply 33with the requirements of the respective zoning district regulations of 34Chapter 3, Article III and site development standards described in 35Chapter 4. In addition, the following information shall be used to justify 36an application for site plan time extension: 37 38(1) Are there any recently adopted amendments to the 39Comprehensive Plan, redevelopment plans, or Land 40Development Regulations that would cause the approved site 41plan in its current configuration to become noncompliant? 42 43(2) In determining good faith, some factors to be considered 44are the following: 1) the extent to which a land development 45permit (if applicable) has been applied for by the applicant and / 46or approved by the Engineering Division; 2) when construction 47approved by such land development permit has occurred November 9, 2010 40 PLANNING AND ZONING DIVISION SERVICES 1(construction which is commenced immediately preceding 2expiration generally indicating a lack of good faith); 3) the 3extent to which there has been a bona fide continuous effort to 4develop but because of circumstances beyond the control of the 5applicant, it was not possible to meet the time limitation; and 4) 6the applicant has applied for or secured any building permits, or 7other types of permits from external agencies, including 8anticipated dates for the issuance of the aforementioned permits? 9 10(3) Has the applicant paid any impact fees, including utilities 11or art in public places? 12 13(4) Does the site plan comply with the concurrency 14requirements and of Palm Beach County and the City’s Land 15Development Regulations? 16 17(5) Other pertinent information can the applicant provide that 18would justify the request for site plan time extension? 19 d. Approval Process. 20 An application for site plan time extension 21requires review by the City Commission and shall be processed in 22accordance with Chapter 2, Article I, Section 3. 23 e.Expiration. 24 Upon approval of site plan time extension by the 25City Commission, the applicant shall have the time approved by the City 26Commission to secure a building permit from the Development 27Department. All previous approvals shall become null and void if the 28applicant is unable to secure a building permit within the above 29timeframe. 30 f. Extension. 31 The applicant may file a subsequent request for 32site plan time extension beyond that of the original extension; however, 33each subsequent request for site plan time extension shall be valid for a 34time period not to exceed one (1) year. Each subsequent request for site 35plan time extension shall be filed prior to the expiration date of the 36preceding site plan time extension period. 37 g. Miscellaneous. 38 The original conditions of approval of the 39site plan are still applicable and must be addressed, unless otherwise 40approved by the City Commission. In granting such extensions the City 41Commission may require modification to or impose additional 42conditions of approval to the site plan. 43 7.Modification to Site Plan. 44 45 a. General. 46 An applicant may request to modify an approved 47site plan. Changes to site plans are either “minor” or “major” based on November 9, 2010 41 PLANNING AND ZONING DIVISION SERVICES 1criteria within this section. The applicant shall schedule a pre- 2application conference with staff and bring the proposed site plan and 3any other affected plan or exhibit to the meeting. Staff shall consider the 4following factors in determining whether the proposed site plan 5modification is considered “major”: 6 7(1) The modification increases the buildable square footage 8of the development by more than five percent (5%); the 9threshold increases to 10% if considered a sustainable 10development and meets the intent of the City’s green building 11initiatives. 12 13(2) The modification reduces the provided number of 14parking spaces below the required number of parking spaces. 15 16(3) The modification causes the development to be below the 17development standard for the zoning district in which it is 18located or any other applicable standard in the Land 19Development Regulations. 20 21(4) The modification has an adverse effect on adjacent or 22nearby property or reduces required physical buffers, such as 23fences, trees, or hedges. 24 25(5) The modification adversely affects the elevation design 26of the structure or reduces the overall design of the structure 27below the standards stated in the community design plan. 28 29(6) The modified development meets the concurrency 30requirements of the Boynton Beach Comprehensive Plan. 31 32(7) The modification alters the project so that the modified 33site plan does not resemble the approved site plan. 34 35(8) The modification affects or does not comply with a 36condition of approval of the development order. 37 38(9) The modification is proposed to a city-owned or operated 39facility and causes a de minimus impact to abutting and adjacent 40properties and / or public lands. 41 b. Major Modification. 42 43 44(1) Submittal Requirements. See Section 1.D above for 45the submittal requirements of this application. 46 November 9, 2010 42 PLANNING AND ZONING DIVISION SERVICES 1(2) Review Criteria. The proposed major site plan 2modification shall comply with the requirements of the 3respective zoning district regulations of Chapter 3, Article III 4and site development standards described in Chapter 4. 5 6(3) Approval Process. An application for major site plan 7modification requires review by the City Commission and shall 8be processed in accordance with Chapter 2, Article I, Section 3. 9 10(4) Expiration. Upon approval of a major site plan 11modification by the City Commission, the applicant shall have 1218 months to secure a building permit from the Development 13Department. All previous approvals shall be null and void if 14applicant is unable to secure a building permit within the above 15timeframe. 16 17For the purposes of this section, minor permits issued by the 18Departments of Development or Public Works (e.g. clearing and 19grubbing; walls and fences; docks, land development; utilities; 20etc.) shall not constitute the type of permit necessary to extend 21the life of a development order for a major site plan 22modification. 23 24(6) Extension. An applicant may request to extend the 25approval of a major site plan modification for a time period not 26to exceed 18 months, provided that such request for extension is 27filed prior to the date of the expiration of the original 18-month 28period. The request shall be processed in accordance with 29Section 2.F.6 above. 30 31(5) Miscellaneous. At the time the City Commission 32approves a request for a major site plan modification, any 33previously approved site plan, including any conditions for 34approval, shall be null and void. All future development shall be 35consistent with the master site plan, as modified and approved by 36the City Commission, including all corresponding conditions of 37approval. 38 c. Minor Modification. 39 40 41(1) Submittal Requirements. The applicant shall submit 42a letter explaining the modification(s) along with the affected 43plans and exhibits (in the number of copies specified by the 44Division). The applicant shall also provide consent from the 45property owner to file an application for the minor site plan 46modification. 47 November 9, 2010 43 PLANNING AND ZONING DIVISION SERVICES 1(2) Review Criteria. The proposed minor site plan 2modification shall comply with the requirements of the 3respective zoning district regulations of Chapter 3, Article III 4and site development standards described in Chapter 4. 5 6(3) Approval Process. The application shall be reviewed 7by staff and action will be taken by the appropriate 8administrative official. Upon approval of a minor site plan 9modification, all future development shall be consistent with the 10site plan, as modified, including all previously approved 11conditions of approval associated with the site plan. 12 8. Miscellaneous. 13 14 a. 15 Site plan review shall be required in conjunction with a master 16plan when rezoning lands to a planned zoning district. See Section 172.D.6 above for additional regulations pertaining to the rezoning 18process. In such instances, the site plan shall be consistent with the 19master plan. 20 b. 21Staff may recommend as a condition of approval of a site plan 22for a development with multiple and / or components, that a Unit of Title 23among the parcels and / or components be required. However, in cases 24where Unit of Title is a condition of site plan approval, this condition 25may be released under the following conditions: 26 27(1) If the property is not owned by a single owner/entity the 28project as a whole, including its various components, is 29administered by a property owner's association with fee reserves 30for property maintenance of at least six (6) months. For the 31purposes of this section, the term "reserves" means: 32 33(a) Unless and to the extent that these fees are not 34provided by other associations, an account shall be 35maintained by the Property Owner's Association (POA), 36separate and apart from the POA's general operating 37account, for capital expenditures and deferred 38maintenance. The reserve account shall include, but is 39not limited to the amount necessary for routine 40maintenance of the common areas, and shall include but 41is not limited to building/structure painting, landscaping 42maintenance, storm water infrastructure maintenance, 43and pavement resurfacing, regardless of the amount of 44deferred maintenance expense or replacement cost. 45 46(b) The amount to be reserved shall be computed by 47means of a formula which is based upon estimated November 9, 2010 44 PLANNING AND ZONING DIVISION SERVICES 1remaining useful life and estimated replacement cost or 2deferred maintenance expense of each reserve item. The 3POA shall adjust replacement reserve assessments 4annually to take into account any changes in estimates or 5extension of the useful life of a reserve item caused by 6deferred maintenance. Reserve funds and any interest 7accruing thereon shall remain in the reserve account or 8accounts, and shall be used only for authorized reserve 9expenditures. 10 11(c) The POA shall provide the city with a copy of the 12annual POA finance report for a period of one (1) year 13from the date of issue of the last Certificate of 14Occupancy (C.O.) for any structure/building on the 15project. 16 17(2) The owners of the various components have executed 18perpetual cross access and shared parking agreements to the 19extent required by the approved site plan. 20 21(3) A sign program approved by the city is in place that 22regulates all project signage in conformance with the City of 23Boynton Beach Land Development Regulations and is applicable 24to all components of the project; and 25 26(4) The owners have agreed to the continued calculation of 27overall project density based on the entire project despite the 28creation of individual parcels with multiple owners. 29 30 31CHAPTER 4 32SITE PLAN REVIEW 33Section 1. Purpose 34 35Section 2. Applicability 36 37Section 3. Preapplication conference 38 39Section 4. Technical review 40 41Section 5. Expiration of site plan 42 43Section 6. Notification 44 45Section 7. Submission requirements 46 47Section 8. Review standards November 9, 2010 45 PLANNING AND ZONING DIVISION SERVICES 1 2Section 9. Modification of approved site plan 3 4Section 10. Review of site plans in the CBD central business district, zoning district or the 5community redevelopment agency area 6 7Section 11. Maintenance 8 9Section 12. Appeals 10 11Section 1. Purpose. 12 The purpose of this chapter is to provide a procedure to review new developments, 13redevelopments and modifications to existing developments that require compliance with the 14development regulations of the City of Boynton Beach and promote development that is 15desirable, innovative, imaginative and compatible with existing development in the city. 16 17Section 2. Applicability. 18 A. The following work shall be required to undergo site plan review as required by this 19chapter: 20 21 1. All new developments. 22 23 2. All modifications to existing development that expand floor area, require increased 24parking, intensify the use of a structure, or change the occupancy of a building. 25 26 3. Exterior remodeling, alterations, modifications. 27 28 B. The following work shall not be required to undergo site plan review as required by 29this chapter: 30 31 1. The construction of a single-family home or a duplex. 32 33 2. Interior renovations except projects as specified in Section 2.A. 34 35 3. Installation of fire sprinklers. 36 37 4. Replacement of existing electrical components. 38 39 5. Installation of fire alarms. 40 41 6. Voluntary life safety responsive projects when endorsed by the fire marshal, 42development director and planning director. 43 44 C. Site plan review may be waived by the planning and zoning director or his designee 45based upon all of the following: 46 November 9, 2010 46 PLANNING AND ZONING DIVISION SERVICES 1 1. If the remodeling, alteration, modification, development or redevelopment does not 2change the preexisting configuration of buildings or site or reduce emergency vehicle access; 3and 4 5 2. If there is no change of use which increases the required number of off-street parking 6spaces; and 7 8 3. There is compliance with the development regulations of the City of Boynton Beach. 9 In the event a property owner or his agent disputes the planning and zoning director's 10determination regarding compliance, the work shall be subject to site plan review. 11 12 4. Waivers shall be requested by completion of an application prepared by the planning 13and zoning department and payment of a fee established and adjusted by the City Commission 14from time to time. 15 16 5. The planning director shall file a quarterly report on waivers with the City 17Commission. 18 19Section 3. Preapplication conference. 20 A preapplication conference with the planning and zoning department is encouraged prior to 21the preparation and submission of any site plan required pursuant to this chapter. The purpose 22of this conference shall be for the staff and applicant to discuss overall community goals, 23objectives, policies and codes as related to the proposed development and to discuss site plan 24review procedures. Opinions expressed at the preapplication conference are not binding for 25formal review purposes. 26 27Section 4. Technical review. 28 When site plan review is required by the provisions of this chapter, the review will be 29conducted as outlined in Chapter 1, Article VIII, Development Reviews. 30 31(Ord. No. 96-54, § 1, 1-21-97) 32 33Section 5. Expiration of site plan. 34 Upon approval of a site plan by the City Commission, the applicant shall have eighteen (18) 35months to secure a building permit from the Development Department. If an applicant fails to 36secure a building permit in that time, all previous approvals shall become null and void. A 37clearing and grubbing permit shall not constitute a building permit for site plan review 38purposes. The City Commission, at its discretion, may extend the approval of a site plan for an 39additional time period, not to exceed one- year, provided a request for extension is filed prior to 40the expiration of the original eighteen (18) month period. In granting such extensions the City 41Commission may require modification to or impose additional conditions on the site plan. 42 43(Ord. No. 06-014, § 2, 2-21-06; Ord. No. 06-097, § 2, 1-2-07) 44 45Section 6. Notification. November 9, 2010 47 PLANNING AND ZONING DIVISION SERVICES 1 When a site plan has been scheduled for review by the planning and development board, the 2planning and zoning department shall supply the applicant with a sign or signs to be posted on 3the subject property on which the site plan will be effective with the following information: 4 5 A. Description of proposed use. 6 7 B. Availability of plans for review of interested citizens within the planning and zoning 8department. 9 10 C. Dates and times of the planning and development board and City Commission meetings 11to review the proposed plan. 12 13Section 7. Submission requirements. 14 Each applicant shall submit to the planning and zoning department the following plans and 15exhibits in the number of copies specified by the planning and zoning department, together with 16a site plan review application and a fee adopted by resolution by the City Commission. 17 18 A. Existing site characteristics map: A sealed survey not older than six months showing 19all adjacent streets, alleys and driveways, and also illustrating: 20 21 1. Existing natural features, including but not limited to lakes, trees and other 22vegetation and soils and topography. 23 24 2. Existing buildings, building elevations, other structures, including use, height, 25dimensions and setbacks. 26 27 3. Existing utility lines and all easements. 28 29 4. Existing elevations (corder, street and finished floor) 30 31 B. Site development plan: 32 33 1. A scaled drawing clearly illustrating proposed buildings and other structures, and 34any existing buildings and structures which are to be retained, including use, height, dimensions 35and setbacks. 36 37 2. Proposed off-street parking spaces, driveways and sidewalks, including location, 38dimensions and setbacks, traffic control marking and signage. 39 40 3. Proposed fences and walls, including location, dimensions, setbacks, height and 41material. 42 43 4. Proposed location of lighting on site. 44 45 5. Proposed dumpster location. 46 47 C. Landscape plan: November 9, 2010 48 PLANNING AND ZONING DIVISION SERVICES 1 2 1. A separate scaled drawing (at the same scale as the site development plan) prepared 3as required by state law clearly illustrating proposed trees, shrubs, grass and other vegetation, 4including location, height, size and type of plant by common and botanical name. 5 6 2. Proposed berms, watercourses and other topographic features. 7 8 3. A notation on method of irrigation. 9 10 D. Architectural plan: 11 12 1. A scaled drawing clearly illustrating proposed building floor plan and elevations, 13including height, exterior dimensions, exterior color and materials. 14 15 2. A colored elevation drawing showing all elevations of the building. (This submittal 16can be waived by the planning and zoning director when not applicable.) 17 18 E. Tabular summary containing: 19 20 1. Total gross project area by acreage and square footage and net buildable land area in 21acres and square feet. 22 23 2. Total number of proposed residential units, including characteristics by number of 24bedrooms and bathrooms and gross square footage of each typical unit. 25 26 3. Proposed nonresidential floor area by type of use and total gross square footage. 27 28 4. Square footage and percentage distribution of the total project site, including areas 29proposed for landscaped open space, vehicular use areas, other paved areas, and building 30coverage and total coverage. 31 32 5. Number and ratio of required and provided off-street parking spaces and number of 33loading spaces. 34 35 6. Water bodies in acres and square feet. 36 37 7. Height of buildings. 38 39 F. Drainage plan: 40 41 1. A separate scaled drawing (at the same scale as the site development plan) showing 42elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc. 43 44 2. An engineer's certification in writing that drainage will conform with all rules, 45regulations, codes, etc. including, but not limited to, Chapter 6, Article IV, Section 5 of these 46Land Development Regulations. 47 November 9, 2010 49 PLANNING AND ZONING DIVISION SERVICES 1 G. Rider to site plan application. All applications for site plan approval shall be 2accompanied by a rider to site plan application in the following form: 3 4 RIDER TO SITE PLAN APPLICATION 5 6 The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, 7represent and agree that all plans, specifications, drawings, engineering, and other data 8submitted with this application for review by the City of Boynton Beach shall be reviewed by 9the various boards, commissions, staff personnel and other parties designated, appointed or 10employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon 11the accuracy thereof, and any change in any item submitted shall be deemed material and 12substantial. 13 14 The undersigned hereby agrees that all plans, specifications, drawings, engineering and 15other data which may be approved by the City of Boynton Beach, or its boards, commissions, 16staff or designees shall be constructed in strict compliance with the form in which they are 17approved, and any change to the same shall be deemed material and shall place the applicant in 18violation of this application and all approvals and permits which may be granted. 19 20 The applicant agrees to allow the City of Boynton Beach all rights and remedies as 21provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any 22violation into compliance, and the applicant shall indemnify, reimburse and save the City of 23Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise 24due to their enforcement of the same. 25 26 READ, ACKNOWLEDGED AND AGREED TO this 27 28 __________day of _________________, 19___. 29 30 __________________ _____________________ 31 32 Witness Applicant 33 34 __________________ 35 36 Witness 37 38(Ord. No. 96-54, § 2, 1-21-97) 39 40Section 8. Review standards. 41 The following standards shall be utilized by the planning and zoning department and all 42other applicable departments for review and evaluation of all required plans and exhibits. 43 44 A. Natural environment: All proposed developments shall be designed to preserve, 45perpetuate and improve the existing natural character of the site. Existing native trees and other 46landscape features shall, to the maximum extent possible, be preserved in their natural state; and 47additional landscape features shall be provided to enhance architectural features, to relate November 9, 2010 50 PLANNING AND ZONING DIVISION SERVICES 1structural design to the site, and to conceal unattractive uses. In all instances the city's 2landscaping and all other applicable regulations shall be fully complied with as minimum 3standards. 4 5 B. Open space: Adequate landscaped open space shall be provided which meets the 6particular needs and demands of the proposed development. The type and distribution of all 7open space shall be determined by the character, intensity and anticipated residential or user 8composition of the proposed development. 9 10 C. Circulation and parking: All circulation systems and parking facilities within a 11proposed development shall be designed and located in such a manner as to comply with the 12following: 13 14 1. A clearly defined vehicular circulation system shall be provided which allows free 15movement within the proposed development while discouraging excessive speeds. Vehicular 16circulation systems shall be separated as much as practicable from pedestrian circulation 17systems. 18 19 2. Access points to peripheral streets shall be provided which adequately serve the 20proposed development and which are compatible and functional with circulation systems 21outside the development. 22 23 3. Whenever possible in proposed residential developments, living units should be 24located on residential streets or courts which are designed to discourage non-local through 25traffic. 26 27 4. Off-street parking areas shall be provided which adequately accommodate maximum 28vehicle storage demands for the proposed development and are located and designed in such a 29manner so as to serve the uses in the proposed development and not create incompatible visual 30relationships. 31 32 5. Safe and efficient access to all areas of the proposed development shall be provided 33for emergency and service vehicles. 34 35 6. Sidewalks shall be provided as required by the city regulations. 36 37 7. Conformance with the city and county thoroughfare plans is required. 38 39 8. Compliance with the Palm Beach Traffic Performance Ordinance is required. 40 41 D. Community services: All proposed developments shall be designed and located in such 42a manner as to ensure the adequate provision of the following community services: 43 44 1. Fire protection; 45 46 2. Police protection. 47 November 9, 2010 51 PLANNING AND ZONING DIVISION SERVICES 1 E. Buildings and other structures: All buildings and structures proposed to be located 2within a development shall be oriented and designed in such a manner as to enhance, rather than 3detract from, the overall quality of the site and its immediate environment. The following 4guidelines shall be followed in the review and evaluation of all buildings and structures: 5 6 1. Proposed buildings and structures shall be related harmoniously to the terrain, other 7buildings and the surrounding neighborhood, and shall not create through their location, style, 8color or texture incompatible physical or visual relationships. 9 10 2. All buildings and structures shall be designed and oriented in a manner ensuring 11maximum privacy of residential uses and related activities both on the site being developed and 12adjacent property. 13 14 3. All permanent outdoor identification features which are intended to call attention to 15a proposed development and/or structures shall be designed and located in such a manner as to 16be an integral part of the development. 17 18 4. All buildings and structures shall comply with the community design plan. 19 20 F. Concurrency and level of service standards: For the purpose of the issuance of 21development orders and permits, the City of Boynton Beach has adopted level of service 22standards for public facilities and services which include roads, sanitary sewer, solid waste, 23drainage, potable water, and parks and recreation. 24 25 Compliance with levels of service as stated in the Boynton Beach Comprehensive Plan is 26required. 27 28 G. The Planning and Zoning Department and/or all other applicable departments may 29recommend as a condition of approval of a site plan for a development with multiple parcels 30and/or components, that a Unity of Title among the parcels and/or components be required. 31However, in cases where Unity of Title is a condition of site plan approval, this condition may 32be released under the following conditions: 33 341. If the property is not owned by a single owner/entity the project as a whole, 35including its various components, is administered by a property owner's association with fee 36reserves for property maintenance of at least six (6) months. For the purposes of this section, 37the term "reserves" means: 38 39 a. Unless and to the extent that these fees are not provided by other associations, an 40account shall be maintained by the Property Owner's Association (POA), separate and apart 41from the POA's general operating account, for capital expenditures and deferred maintenance. 42The reserve account shall include, but is not limited to the amount necessary for routine 43maintenance of the common areas, and shall include but is not limited to building/structure 44painting, landscaping maintenance, storm water infrastructure maintenance, and pavement 45resurfacing, regardless of the amount of deferred maintenance expense or replacement cost. 46 November 9, 2010 52 PLANNING AND ZONING DIVISION SERVICES 1 b. The amount to be reserved shall be computed by means of a formula which is 2based upon estimated remaining useful life and estimated replacement cost or deferred 3maintenance expense of each reserve item. The POA shall adjust replacement reserve 4assessments annually to take into account any changes in estimates or extension of the useful 5life of a reserve item caused by deferred maintenance. Reserve funds and any interest accruing 6thereon shall remain in the reserve account or accounts, and shall be used only for authorized 7reserve expenditures. 8 9 c. The POA shall provide the city with a copy of the annual POA finance report for 10a period of one (1) year from the date of issue of the last Certificate of Occupancy (C.O.) for 11any structure/building on the project. 12 13 2. The owners of the various components have executed perpetual cross access and 14shared parking agreements to the extent required by the approved site plan. 15 16 3. A sign program approved by the city is in place that regulates all project signage in 17conformance with the City of Boynton Beach Land Development Regulations and is applicable 18to all components of the project; and 19 20 4. The owners have agreed to the continued calculation of overall project density based 21on the entire project despite the creation of individual parcels with multiple owners. 22 23(Ord. No. 07-031, § 2, 10-16-07) 24 25Section 9. Modification of approved site plan. 26 A. Minor: A non-impacting modification which will have no adverse effect on the 27approved site and development plan and no impact upon adjacent and nearby properties, and no 28adverse aesthetic impact when viewed from a public right-of-way as determined by the planning 29and zoning director. 30 31 B. Major: A modification which presents a significant change in intensity of use which, in 32turn, may have a significant impact upon facilities, concurrency; upon nearby and adjacent 33properties, or upon findings made at the time of approval of the site and development plan as 34determined by the planning and zoning director. 35 36 C. In making a minor/major modification determination, the planning director shall 37consider the following: 38 39 1. Does the modification increase the buildable square footage of the development by 40more than five (5) percent. 41 42 2. Does the modification reduce the provided number of parking space below the 43required number of parking spaces. 44 45 3. Does the modification cause the development to be below the development standards 46for the zoning district in which it is located or other applicable standards in the Land 47Development Regulations. November 9, 2010 53 PLANNING AND ZONING DIVISION SERVICES 1 2 4. Does the modification have an adverse effect on adjacent or nearby property or 3reduce required physical buffers, such as fences, trees, or hedges. 4 5 5. Does the modification adversely affect the elevation design of the structure or 6reduce the overall design of the structure below the standards stated in the community design 7plan. 8 9 6. Does the modified development meet the concurrency requirements of the Boynton 10Beach Comprehensive Plan. 11 12 7. Does the modification alter the site layout so that the modified site plan does not 13resemble the approved site plan. 14 15 D. When any determination of major/minor modification made by the planning and zoning 16director is challenged or contested by the applicant, an appeal may be taken as outlined in 17Chapter 1, Article VII, Section 1. 18 19 E. Procedure: A site plan modification shall be processed as follows, pursuant to its 20categorization: 21 22 1. Minor: Administrative review and action by the appropriate city departments. 23 24 2. Major: Processing is the same as for the original site plan. 25 26 F. Required information: The following information must be presented with a request for 27a site plan modification: 28 29 1. Minor: A letter which sets forth the requested changes along with an exhibit 30showing that portion of the site plan which is to be changed in its present condition and an 31exhibit depicting the requested change. 32 33 2. Major: A major modification shall contain the same information as required for a 34new site plan submittal. 35 36 G. Upon approval of a major site plan modification by the City Commission, the applicant 37shall have one (1) year to secure a building permit from the development department. If an 38applicant fails to secure a building permit in that time, all previous approvals shall become null 39and void and the applicant will be required to resubmit the plan for site plan review. At its 40discretion, the City Commission may extend the approval of a major site plan modification for a 41one-year period. Minor modifications shall not extend the time limits of an approved site plan. 42 43 H. The planning director shall file a quarterly report on minor site plan modifications with 44the City Commission. 45 46(Ord. No. 96-54, § 3, 1-21-97) 47 November 9, 2010 54 PLANNING AND ZONING DIVISION SERVICES 1Section 10. Review of site plans in the CBD central business district, zoning district or the 2community redevelopment agency area. 3 For areas zoned CBD central business district or within the community redevelopment 4agency area of jurisdiction, all the sections of this chapter shall apply except that the functions 5of the planning and development board shall be performed by the community redevelopment 6advisory board (CRAB) and the functions of the City Commission shall be performed by the 7community redevelopment agency (CRA). 8 9Section 11. Maintenance. 10 Upon the issuance of a certificate of occupancy an improved site must be maintained in 11compliance with the approved site plan. 12 13Section 12. Appeals. 14 When an aggrieved party wishes to appeal an administrative, board or commission decision, 15it must be filed as outlined in Chapter 1, Article VII, Appeals. 16 17(Ord. No. 96-54, § 4, 1-21-97) 18 G. Vacation and Abandonment. 19 20 1. General. 21The purpose of this subsection is to establish uniform 22procedures for the vacation and abandonment of City rights-of-way (e.g. street, 23alley, etc.), special purpose easements, and other nonfee interests of the City. 24When approved for vacation and abandonment, the City relinquishes its interest 25in the above, based in part, on the finding that the subject right-of-way no longer 26serves a public purpose. For the purposes of this subsection, a “site plan” shall 27be construed to include either a new site plan or a major site plan modification. 28 Section 1.Purposes. The purposes of this section is article are to establish 29uniform procedures for the application to the city for the vacation and 30abandonment of city streets, alleys, special purpose easements and other nonfee 31interests of the city; to designate those individuals who shall have the 32responsibility for the processing of such applications; and to provide the 33methods and procedures for processing said applications. 34 35Section 2. Application/submission. All requests for vacation and/or 36abandonment of city streets, alleys, special purpose easements and other nonfee 37interests which the city may have in real property shall be made in writing and 38executed in duplicate by the party or parties requesting the same. The 39application shall be filed with the planning and zoning division of the 40development department and shall include, but not be limited to, the following: 41 42A.The name and address of the applicant or applicants. 43 44B.A complete and accurate legal description of the street, alley, 45special purpose easement or other nonfee interest of the city or any 46portion thereof sought to be abandoned or vacated. The legal 47description shall be accompanied by a plat, map or drawing showing the November 9, 2010 55 PLANNING AND ZONING DIVISION SERVICES 1general area involved and the location of the specific property interest to 2be abandoned or vacated. 3 4C.Whether title or interest of the city and the public in and to the 5property sought to be abandoned or vacated was acquired by deed, 6dedication or prescription, and if recorded in the public records, the book 7and page number thereof. 8 9D.The reason for the request of the abandonment or vacation. 10 11E.The names and addresses of the owners and occupants of 12abutting real property. 13 14F.Certification that the property was not acquired or dedicated for 15state or federal highway purposes and will not adversely affect other 16property owners or unreasonably limit access to their property. 17 18G.Written verification from each affected or potentially affected 19utility company that they have no interest in the vacation/abandonment, 20or, if they have present or future interest, proposed easement documents 21protecting their interests. 22 23H.Notarized certificate by the applicant that the application and 24accompanying material are true and correct. 25 26I.Such other relevant information as the city may require 27including, but not limited to, an ownership and encumbrance report from 28a title company. (Ord. No. 96-62, § 3, 1-21-97; Ord. No. 02-033, § 4, 8- 2920-02) 30 31Section 3. Application fee.A. Each application filed with the 32planning and zoning division, other than an application initiated by 33motion of the City Commission, shall be accompanied by payment of a 34fee as adopted by resolution of the City Commission covering the cost of 35administrative review, site analysis and investigation and publication. 36 37 38B. Upon the application being properly submitted, it shall be accepted 39and filed by the planning and zoning division, who shall give a receipt to 40the applicant for the fee paid. (Ord. No. 02-033, § 4, 8-20-02) 41 2. Submittal Requirements. 42 See Section 1.D above for the submittal 43requirements of this application. 44 3. Review Criteria. 45 The vacation and abandonment of a right-of-way, 46special purpose easement, or other nonfee interest of the City shall be based on a 47demonstration that the above interest no longer serves a public purpose and November 9, 2010 56 PLANNING AND ZONING DIVISION SERVICES 1there is no encumbrance which would prohibit the clear transfer of ownership of 2such land. The following review criteria shall be used to justify an application: 3 a. Access. 4 Does the subject land provide a legal means of 5access to a lot of record, subdivision, or development? Would the 6vacation and abandonment cause or result in a permanent stoppage, 7interruption, or an unacceptable level of service for the subject lot or on 8neighboring lots, subdivisions, or developments with respect to police, 9fire, or other emergency services; or solid waste removal? 10 b. Utilities. 11 Does the subject land contain, support, or allow 12potable water, sanitary sewer, or any other utility (e.g. cable, telephone, 13electricity, gas, etc.), which would be permanently stopped or 14interrupted, or cause an unacceptable level of service to the subject lot or 15neighboring lots, subdivisions, or developments? 16 c. Drainage and Wastewater Management. 17 Does the subject 18land contain, support, or allow a legal means of drainage or wastewater 19management for such lot or on neighboring lots, subdivisions, or 20developments, which would cause or result in a stoppage, interruption, 21or unacceptable level of service? 22 d. Conservation. 23 Does the subject land contain, support, or 24allow the means for the conservation or preservation of flora or fauna? 25 4. Approval Process. 26 An application for vacation and abandonment 27approval requires review by the City Commission and shall be processed in 28accordance with Chapter 2, Article I, Section 4. Section 4.Processing of 29application. A. Determination of completeness. Within two (2) business days 30(after the date of filing) of receiving application and documentation for the 31abandonment, the planning and zoning division shall inform the applicant of the 32completeness of the application and the schedule according to which it will be 33processed. The Planning and Zoning Division planning and zoning division 34may reject the application if a similar application has been considered at any 35time within one (1) year six (6) months of the date the later application is 36submitted. Upon proper submittal, the planning and zoning division shall 37proceed in accordance with as follows: 38 391. Provide the city engineer, director of planning and zoning, director of 40utilities, fire chief, police chief and director of public works with a copy of the 41application and request their review and recommendations within twenty (20) 42calendar days. 43 442. Notify the general public, by publishing notice in a newspaper of general 45circulation in the city, of the time and place of public hearings on the proposed 46ordinance at least fifteen days prior to the first public hearing. 47 November 9, 2010 57 PLANNING AND ZONING DIVISION SERVICES 13. Transmit the documents with the staff comments to the planning and 2development board or community redevelopment agency board for review at the 3next available meeting. 4 54. Provide notification of the board's and City Commission's public hearings 6by regular mail to the following: 7 8a. Owners and occupants of all abutting property; and 9 10b. Each and every public utility. 11 12B. Action by the boards. The planning and development board or community 13redevelopment agency board shall consider the reports and recommendations on 14applications for abandonments or vacations and shall, after public hearing and 15due consideration, either accept, modify, or deny the recommendations in 16accordance with the best interests of the public welfare. 17 18C. Action by the City Commission. Board decisions on abandonments must 19be ratified by the City Commission in accordance with the provisions in Chapter 201.5, Sec. 4.3.C. Abandonments shall be approved by ordinance, resolution, 21record plat or other methods adopted by the City Commission. (Ord. No. 02- 22033, §§ 3, 4, 8-20-02) 23 5. Allocation of Lands. 24The vacation and abandonment of City streets, 25alleys, utility easements, special purpose easements, canals, water bodies and 26other nonfee interests of the city can be accomplished in several ways. The 27city’s authority to accomplish this is derived from the Home Rule Powers Act 28(F.S. 166.011) as adopted by the state legislature via Chapter 73-129, as 29amended from time to time. Therefore, the city ordinance(s) control this issue. 30 31There are several ways that vacation and abandonments can de delineated. The 32area to be vacated or abandoned can be divided equally with the adjacent 33property owners, or divided unequally with the adjacent property owners. 34Curvilinear areas usually are divided equally amongst the property owners via 35the adjacent property line extensions.Irregular-shape water bodies are usually 36divided from property line extensions that are at right angles to the determined 37centerline of the water body. This is normally performed by a registered land 38survey (licenses with the state) to determine the centerline of a irregular shaped 39water body and provide a “map of Survey” of the determined centerline. This is 40also known as a “Specific or Special Purpose Survey.” The definition of a “Map 41of Survey” is a graphical or digital depiction of the facts of size, shape, identity, 42geodetic location, or legal location determined by a survey. The term “Map of 43Survey” (Survey Map) includes the terms: Sketch of Survey, Plat of Survey, or 44other similar titles. “Map of Survey” or “Survey map” may also be referred to 45as “a map” or “the map.” The common types of vacations or abandonments are 46as follows: 47 November 9, 2010 58 PLANNING AND ZONING DIVISION SERVICES a.Equal Split. 1 Typically, the process of vacation or abandonment 2is divided equally to be “allocated” to each adjacent property owner. 3This is the most equable way of elimination of city ownership of a right- 4of-way, easement of special easement. Figure A below depicts this 5concept: 6 7 8 b. Unequal Split 9. There are unusual circumstances that originally 10created a street right-of-way or a utility easement. Most notably, this is 11done by different deeds or adjoining record plats that create the noted 12right-of-way or easement. When vacating or abandoning a segment of 13land created by such unusual input, the reversion of the land should be 14divided along the common line that created the right-of-way or 15easement. Thus, the “allocation” to each adjacent property owner will 16be unequal, based on the instruments that created the original right-of- 17way or easement. Figure B below depicts this mechanism: 18 19See next page: 20 November 9, 2010 59 PLANNING AND ZONING DIVISION SERVICES 1 2 c. One-way Allocation. 3When right-of-ways or easements are 4adjacent to a quasi-judicial entity (ie, an interstate highway or regional 5roadway) or a transportation corridor (ie, FEC R/R), the vacation or 6abandonment process tends to allocate said action to the adjacent 7property owner on one side of the vacation or abandonment task. This is 8normally due to no requirements to allocate any excess land to a quasi- 9judicial entity or a transportation corridor that has not previously been 10required. Figure C below depicts this action: 11 12 13 d. Equal Split on a Curvilinear Parcel. 14 Generally, the 15process of vacation or abandonment is divided equally to be “allocated” 16to each adjacent property owner. This is done by extension of those 17adjacent property lines extended to the longitudinal centerline of the 18curvilinear parcel. It should be noted that not all “allocated” parcels will November 9, 2010 60 PLANNING AND ZONING DIVISION SERVICES 1be the same I size in that those properties located on the inside of cur 2curvilinear portion will be slights larger and those properties located on 3the outside of the curvilinear portion. Figure D below depicts this 4action: 5 6 7 e. Irregular Water Body or Land Parcel. 8 When an irregular 9configuration or land mass is to be vacated or abandoned, difference 10divisional characteristics are used. As a rule, a dimensional meander or 11survey line may be used to create the longitudinal “centerline” of the 12parcel. This is usually performed by a registered land survey licensed 13with the state. This is plotted on a “Map of Survey” as defined 14previously, to reflect all existing property lines external to the land mass 15to be vacated or abandoned. 16 17Where said property lines are connected to the external edge of the land 18mass (or shoreline in water body cases), a connection is made to the 19determined centerline of the land mass (or lake or stream) at right angles 20to the determined centerline. In general, this provides the best equitable 21division of the land mass (or water body) to the adjacent property 22owners. Refer to Figure E below for this delineation: 23 24 25 26 27 28See next page. 29 30 31 32 November 9, 2010 61 PLANNING AND ZONING DIVISION SERVICES 1 2 3 f. Other. 4 There are other ways to assign vacated or abandoned land 5mass components, right-of-ways or easements, but those noted above are 6the most commonly used when allocating vacations or abandonments. 7 Section 3. Planned Industrial Development (PID) Applications. 8 9 A. Master Site Plan, Including Modifications. 10 11 1. General. 12 13 a. Purpose and Intent. 14 The purpose of this subsection is to set 15forth well-defined application processes, review criteria, and uniform 16procedures for the development of lands designated as Mixed Use Pods 17within Planned Industrial Development (PID) zoning districts. 18 b. Applicability. 19Pursuant to the PID regulations of Chapter 3, 20Article III, Section 6.B.8, the establishment of a Mixed-Use Pod shall 21require the concurrent approval of a master site plan. This master site 22plan is the conceptual plan for the entire Mixed Use Pod with which 23individual technical site plans and buildings are to be consistent. 24Technical site plans shall be reviewed and approved only after the City 25Commission approves the Mixed Use Pod (hereinafter “master site 26plan”). See Section 3.B. below for additional regulations pertaining to 27the technical site plan application. 2.Design standards for all 28components of Mixed Use Pods shall be as set forth herein below. 29Review and approval of a Mixed Use Pod shall be conducted by review 30and approval of a master site plan for the Mixed Use Pod (hereafter 31"Master Site Plan") pursuant to the Technical Approval process as set 32forth in Chapter 4, LDR. Notwithstanding the provisions of Chapter 5 4 November 9, 2010 62 PLANNING AND ZONING DIVISION SERVICES 1 to the contrary, the submission requirements for the Master Site Plan are 2as follows: 3 4a.A sealed survey not older than six (6) months showing all 5adjacent streets, alleys and driveways, and also illustrating: 6 7(1) Existing natural features; 8 92) Existing buildings and structures, including use, height, 10dimensions and setbacks; 11 123) Existing utility lines and all easements; 13 144) Existing elevations (corder, street and finished floor). 15 16b.A scaled Master Site Plan illustrating: 17 181)Proposed buildings and other structures, and any existing 19buildings and structures which are to be retained, including use, 20height, dimensions and setbacks; 21 222)Proposed off-street parking spaces, driveways and 23sidewalks, including location, dimensions and setbacks; 24 253)Proposed fences and walls, including location, 26dimensions, setbacks, height and material; 27 28Tabular data.e.A Tabular summary containing: 29 30(1)Total gross project area by acreage and square 31footage and net buildable land area in acres and square 32feet; 33 34(2)Total number of proposed residential units, which 35shallnot be less than 750 square feet per unit, unless a 36waiver is obtained as provided in paragraph 3) below; 37 38(3)Proposed nonresidential floor area by type of use 39and total gross square footage; 40 41(4)Number and ratio of off-street parking spaces and 42depiction of loading areas; 43 44(5)Water bodies in acres and square feet; 45 46(6)Height of buildings; 47 November 9, 2010 63 PLANNING AND ZONING DIVISION SERVICES 1(7)Land use/traffic trip generation summary; 2 3(8)List/description of each waiver request for 4flexibility of development regulations; 5 69)The minimum and maximum number of 7residential units, the minimum and maximum number of 8total square footage of each component of non- 9residential uses, and the initial proposed numbers for 10each component. 11 12c.A Landscape plan including the following: 13 141)A separate scaled drawing (at the same scale as the site 15development plan) illustrating general location of trees, shrubs, 16grass and other vegetation; 17 182)Proposed berms, watercourses and other topographic 19features; 20 213)A notation on method of irrigation; 22 23d.Architectural design standards showing the following: 24 251)Design themes to be followed, including materials; 26 272)Building colors and color pallet options for accessory 28design elements; 29 303)All building and structure maximum heights, plus height 31of mechanical equipment; and 32 334)Color elevation renderings depicting representative 34design concepts applicable to all structures. 35 36f.An engineers drainage statement. 37 38g.A proposed sign program, for free standing signs showing 39maximum dimensions, graphic provisions, materials and lettering type. 40 2. Submittal Requirements. 41 See Section 1.D above for the submittal 42requirements of this application. 43 3. Review Criteria. 44 The master site plan shall comply with the 45following: 1) the requirements of the PID zoning district of Article III, Chapter 463; 2) site development standards described in Chapter 4; and 3) the best 47development practices in the sustainable and green checklist. November 9, 2010 64 PLANNING AND ZONING DIVISION SERVICES 1 4. Approval Process. 2 An application for master site plan approval 3requires review by the City Commission and shall be processed in accordance 4with Chapter 2, Article I, Section 3. Upon approval of the master site plan at a 5public hearing, the City shall announce that the approval of a technical site plan 6is required prior to the issuance of any building permits pursuant to Section 3.B. 7below; that the approval process for the technical site plan requires the review 8and approval of the technical site plan by City administrative staff; and that the 9review and approval of the technical site plan does not require any additional 10public notices or hearings. 11 5. Expiration. 12The approval of a master site plan shall remain valid 13indefinitely. Approved Master Site Plans as described herein shall remain valid 14indefinitely. 15 6. Modification to Master Site Plan. 16 17 a. General. 18 An applicant may request to modify an approved 19master site plan. Changes to master site plans are either “minor” or 20“major” based on criteria within this section. The applicant shall 21schedule a pre-application meeting with staff and bring the proposed 22master site plan and any other affected plan or exhibit to the meeting. 23Staff shall consider the following factors in determining whether the 24proposed master site plan modification is considered “major”: 25 26(1) Changes to the previously approved minimum or 27maximum square footage of non-residential uses by more than 28five percent (5%); the threshold increases to 10% if considered a 29sustainable development and meets the intent of the City’s green 30building initiatives; 31 32(2) Increases in height above that which has been approved 33by the master site plan; 34 35(3) Increases in the maximum number of residential units as 36indicated on the master site plan; 37 38(4) Elimination of principle open spaces and principle 39pedestrian plazas; 40 41(5) Description of changes proposed to the approved 42architectural design whereby the proposed design is inconsistent 43with the approved design and that such changes results in a 44downgraded elevation; 45 46(6) Increases in degree of approved waivers; 47 November 9, 2010 65 PLANNING AND ZONING DIVISION SERVICES 1(7) All other revisions to the master site plan include but are 2not limited to the following: 1) relocation of approved square 3footage; 2) conversion of square footage from one component to 4another (e.g. commercial to office); and 3) conversion from one 5use to another shall be processed as a minor master site plan 6modification in accordance with Section 3.A.6.c below. 7 b. Major Master Site Plan Modification. 8 9 10(1) Submittal Requirements.See Section 1.D above for 11the submittal requirements of this application. 12 13(2) Review Criteria. The proposed master site plan shall 14comply with the requirements of the PID zoning district and the 15site development standards described in Chapter 4. 16 17 Approval Process. An application for major master (3) 18site plan modification approval requires review by the City 19Commission and shall be processed in accordance with Chapter 202, Article I, Section 3. 21 22(4) Expiration. Approval of a major master site plan 23modification shall remain valid indefinitely. At the time the City 24Commission approves a request for a major master site plan 25modification, any previously approved master site plan, 26including any conditions for approval, shall be null and void. 27All future development shall be consistent with the requirements 28and conditions contained in the master site plan, as modified and 29approved by the City Commission. 30 c. Minor Master Site Plan Modification. 31 32 33(1) Submittal Requirements. The applicant shall submit 34a letter explaining the requested modification(s) along with the 35proposed master site plan (in the number of copies specified by 36the Division). The applicant shall also provide written consent 37from the property owner to file an application for the minor 38master site plan modification. 39 40(2) Review Criteria. The proposed master site plan shall 41comply with the following: 1) all applicable conditions of 42approval of the preceding master site plan; 2) requirements of 43the PID zoning district; and 3) the site development standards 44described in Chapter 4. 45 46(3) Approval process. The application shall be reviewed 47by staff and action will be taken by the appropriate November 9, 2010 66 PLANNING AND ZONING DIVISION SERVICES 1administrative official. Upon approval of a minor master plan 2modification, all future development shall be consistent with the 3master site plan, as modified, including all previously approved 4conditions of approval associated with the master site plan. 5 d. Technical Site Plan Consistency with Master Site Plan. 6 7 Modifications to master site plans that represent changes to the 8technical site plan will require the subsequent submittal of a new 9technical site plan. 10 7. Miscellaneous. 11 Staff may recommend as a condition of approval 12of a master site plan for a development with multiple and / or components, that a 13Unity of Title among the parcels and / or components be required. However, in 14cases where Unity of Title is a condition of master site plan approval, this 15condition may be released under the following conditions: 16 a. 17 If the property is not owned by a single owner / entity the project 18as a whole, including its various components, is administered by a 19property owner's association with fee reserves for property maintenance 20of at least six (6) months. For the purposes of this section, the term 21"reserves" means: 22 23(1) Unless and to the extent that these fees are not provided 24by other associations, an account shall be maintained by the 25Property Owner's Association (POA), separate and apart from 26the POA's general operating account, for capital expenditures 27and deferred maintenance. The reserve account shall include, 28but is not limited to the amount necessary for routine 29maintenance of the common areas, and shall include but is not 30limited to building / structure painting, landscaping maintenance, 31storm water infrastructure maintenance, and pavement 32resurfacing, regardless of the amount of deferred maintenance 33expense or replacement cost. 34 35(2) The amount to be reserved shall be computed by means 36of a formula which is based upon estimated remaining useful life 37and estimated replacement cost or deferred maintenance expense 38of each reserve item. The POA shall adjust replacement reserve 39assessments annually to take into account any changes in 40estimates or extension of the useful life of a reserve item caused 41by deferred maintenance. Reserve funds and any interest 42accruing thereon shall remain in the reserve account or accounts, 43and shall be used only for authorized reserve expenditures. 44 45(3) The POA shall provide the city with a copy of the annual 46POA finance report for a period of one (1) year from the date of November 9, 2010 67 PLANNING AND ZONING DIVISION SERVICES 1issue of the last Certificate of Occupancy (C.O.) for any 2structure/building on the project. 3 b. 4 The owners of the various components have executed perpetual 5cross access and shared parking agreements to the extent required by the 6approved master site plan. 7 c. 8 A sign program approved by the city is in place that regulates all 9project signage in conformance with the City of Boynton Beach Land 10Development Regulations and is applicable to all components of the 11project; and 12 d. 13 The owners have agreed to the continued calculation of overall 14project density based on the entire project despite the creation of 15individual parcels with multiple owners. 16 174. Following approval of the Master Site Plan for a Mixed Use Pod, subsequent 18modification of such Master Site Plan shall be subject to the review / approval rules as 19follows:. City Commission approval is required for proposed changes which violate the 20project's previously approved minimum or maximum square footage of non-residential 21use, increases in height above that which has been approved by the Master Site Plan, 22increases in the maximum number of residential units as indicated on the Master Site 23Plan, elimination of principle open spaces and principle pedestrian plazas, changes to 24approved architectural design standards whereby proposed architectural design 25standards are inconsistent with approved architectural design standards, or increases in 26degree of approved waivers. All other revisions to the Master Site Plan including, but 27not limited to the relocation of approved square footage conversion of square footage 28from one component to another (e.g. commercial to office) and conversion from one use 29to another shall follow the technical review committee portion of the site plan approval 30process except where stated herein. 31 B. Technical Site Plan, Including Modifications. 32 33 1. General. 34 35 a.Purpose and Intent. 36 The purpose of this subsection is to set 37forth uniform procedures, well-defined application processes, and 38information to guide the processing and review of technical site plan 39submittals. It is also the intent to provide for separate submittal 40requirements and expedited review processes for those developments 41that qualify as a sustainable development (as defined by Chapter 1, 42Article II Definitions) and meets the intent of the City’s green building 43initiatives. 44 b. Applicability. 45 A technical site plan is required only in 46conjunction with the approval of a master site plan of a Mixed Use Pod November 9, 2010 68 PLANNING AND ZONING DIVISION SERVICES 1within a PID. See Section 3.A above for additional regulations 2regarding the master site plan. 3 2. Submittal Requirements. 4 See Section 1.D above for the submittal 5requirements of this application. 6 3. Review Criteria. 7 The technical site plan shall be consistent with the 8corresponding master site plan and comply with the following: 1) any applicable 9conditions of approval of the master site plan; 2) all applicable requirements of 10the PID zoning district; 3) the site development standards described in Chapter 114; and 4) the best development practices in the sustainable and green checklist. 12 4. Approval Process. 13 Within 10 business days following staff review of 14a technical site plan, the Director of Development or designee shall take the 15following action: 1) approve the technical site plan as submitted; 2) approve the 16technical site plan with staff conditions; or 3) deny the technical site plan. Once 17a development order is issued, the five (5) day review period has elapsed, and all 18conditions have been satisfied, individual buildings on a technical site plan may 19be phased incrementally. Buildings allowed strictly through the permitting 20process may not exceed the building envelope as shown on the approved 21technical site plan. 22 236. Within ten (10) business days following TRC staff review of a major 24modification of the Master Site Plan, the review of a Technical Site Plan, or 25review of a modification of a Technical Site Plan, the Development Director or 26his/her designee, shall issue a development order, incorporating the findings of 27the TRC, which shall either approve the submittal as submitted, approve the 28submittal with conditions, or deny the submittal. 29 30Once a development order is issued, the five (5) day review period has elapsed, 31and all conditions have been satisfied, individual buildings may be permitted 32individually. Buildings permitted strictly through the permitting process may 33not exceed the building envelope as shown on the approved Technical Site Plan. 34 5. Expiration. 35 Upon approval of a technical site plan, the applicant shall 36have two (2) years to secure a building permit. All previous approvals shall 37become null and void if the applicant is unable to secure a building permit 38within the above timeframe. For the purposes of this section, minor permits 39issued by the Departments of Development or Public Works (e.g. clearing and 40grubbing; walls and fences; docks, land development; utilities; etc.) shall not 41constitute the type of permit necessary to extend the life of a development order. 42 6.Modification of Technical Site Plan. 43 44 a. General. 45 An applicant may request to modify an approved 46technical site plan. Changes to technical site plans are either 47“inconsistent” or “consistent” with the master site plan based on criteria November 9, 2010 69 PLANNING AND ZONING DIVISION SERVICES 1within this section. The applicant shall schedule a pre-application 2conference with staff and bring the proposed technical site plan and any 3other affected plan or exhibit to the meeting. Staff shall consider the 4following factors in determining whether the proposed technical site 5plan modification is considered “inconsistent” with the master site plan: 6 7(1) Changes which violate the project's previously approved 8minimum or maximum square footage of non-residential uses; 9 10(2) Increases in height above that which has been approved 11by the technical site plan; 12 13(3) Increases in the maximum number of residential units as 14indicated on the technical site plan; 15 16(4) Elimination of principal open spaces and principal 17pedestrian plazas; 18 19(5) Changes to approved architectural design standards 20whereby proposed architectural design standards are inconsistent 21with approved architectural design standards; 22 23(6) Increases in degree of approved waivers; 24 25(7) All other revisions to the technical site plan including, 26but not limited to the relocation of approved square footage 27conversion of square footage from one component to another 28(e.g. commercial to office) and conversion from one use to 29another shall be processed as a minor technical site plan 30modification in accordance with Section 3.B.6.b below. 31 b. Inconsistent with Master Site Plan. 32 Any proposed 33modification to a technical site plan that staff determines to be 34inconsistent with its corresponding Master Site Plan shall require the 35approval of a master site plan modification in accordance with Section 363.A.6 above, prior to the commencement of staff review on the subject 37technical site plan. 38 c. Consistent with Master Site Plan. 39 40 41(1) Submittal Requirements. The applicant shall be 42required to submit a letter explaining the proposed 43modification(s) to the technical site plan. The letter shall be 44accompanied by the amended technical site plan (in the number 45of copies specified by the Division) illustrating the proposed 46changes. The applicant shall have consent from the property November 9, 2010 70 PLANNING AND ZONING DIVISION SERVICES 1owner to initiate the review of a minor technical site plan 2modification. 3 4(2) Review Criteria. The proposed technical site plan 5shall comply with the following: 1) all applicable conditions of 6approval of the preceding technical site plan; 2) all applicable 7requirements of the PID zoning district; and 3) the site 8development standards described in Chapter 4. 9 10(3) Approval Process. The application shall be reviewed 11by staff and action will be taken by the appropriate 12administrative official. Upon approval of a minor technical site 13plan modification, all future development shall be consistent 14with the technical site plan, as modified, including all previously 15approved conditions of approval associated with the technical 16 site plan. 17 18The applicant, or any aggrieved or adversely affected party (as that term is defined by and 19interpreted under F.S. § 163.3215) may request review of the development order, or of a 20determination by the Development Director or designee of inconsistency, or denying a proposed 21unlisted use, by the City Commission. The request for review shall be in writing and filed with 22the City Clerk within five (5) business days following issuance of the order. No development 23order shall be final until expiration of the five (5) day request for review period if no request for 24review is made, or the City Commission's disposition of the matter if a request for review is 25made. 26 27The City Commission shall conduct a quasi-judicial review at a public hearing within 30 28business days of the filing of the request for review. Following review, the City Commission 29shall either 1) approve the development order; 2) modify the development order; or 3) deny the 30development order. The decision of the Commission shall be treated as final at the conclusion 31of the voice vote on the agenda item under consideration, notwithstanding later issuance of a 32written order. The minutes of the Commission meeting shall be conclusive evidence of the 33action of the Commission. Review of final action by the Commission shall be by Writ of 34Certiorari to the Circuit Court. 35 365. Technical Site Plans review and modification. 37 38 a. Following approval of a Mixed Use Pod Master Site Plan, subsequent site plan 39approval of all individual components of the Master Site Plan (Technical Site Plans) shall be 40submitted to the Development Director or his/her designee. The contents of such submittal shall 41conform to the site plan requirements set forth in LDR, Chapter 4. The Development Director or 42his/her designee shall determine in writing within fifteen (15) business days of said submittal, 43whether the submittal is consistent with the Master Site Plan, and if found inconsistent, shall 44specify the inconsistency. If determined to be consistent with the Master Site Plan, the final 45review and approval shall be through the TRC review portion of the Site Plan approval process 46for determining compliance with the LDR. A site plan submitted for review which is 47determined, by the Development Director or his/her designee, to be inconsistent with the Master November 9, 2010 71 PLANNING AND ZONING DIVISION SERVICES 1Site Plan shall be processed in accordance with the standard procedures set forth in LDR, 2Chapter 4, subject to applicant's right to appeal such determination in accordance with 3provisions set out in paragraphs 7. and 8. hereafter or to amend and resubmit such site plan for 4reconsideration by the Development Director or his/her designee. 5 6 b. Following approval of a Technical Site Plan, subsequent modifications of such 7Technical Site Plan, which are consistent with the Master Plan, shall be subject to the 8review/approval rules applicable to minor/major site plan modifications as set forth in LDR, 9Chapter 4, Sec. 9, subject to the following. If determined to be a major modification it shall be 10processed in accordance with the provisions of 5.a. above. The processing and approval of any 11amendment to the Master Site Plan required as a result of the modifications to a Technical Site 12Plan shall be processed along with, and in the same manner as, the processing of the 13modifications to the Technical Site Plan, unless the provisions of paragraph 4. above would 14require City Commission approval. 15 16 6. Within ten (10) business days following TRC review of a major modification of the 17Master Site Plan, the review of a Technical Site Plan, or review of a modification of a Technical 18Site Plan, the Development Director or his/her designee, shall issue a development order, 19incorporating the findings of the TRC, which shall either approve the submittal as submitted, 20approve the submittal with conditions, or deny the submittal. Once a development order is 21issued, the five (5) day review period has elapsed, and all conditions have been satisfied, 22individual buildings may be permitted individually. Buildings permitted strictly through the 23permitting process may not exceed the building envelope as shown on the approved Technical 24Site Plan. 25 26 7. The applicant, or any aggrieved or adversely affected party (as that term is defined 27by and interpreted under F.S. § 163.3215) may request review of the development order, or of a 28determination by the Development Director or his/her designee of inconsistency, or denying a 29proposed unlisted use, by the City Commission. The request for review shall be in writing and 30filed with the City Clerk within five (5) business days following issuance of the order. No 31development order shall be final until expiration of the five (5) day request for review period if 32no request for review is made, or the City Commission's disposition of the matter if a request for 33review is made. 34 35 8. The City Commission shall conduct a quasi-judicial review at a public hearing 36within 30 business days of the filing of the request for review. Following review, the City 37Commission shall: 38 39 a. Approve the Development Order, or 40 41 b. Modify the Development Order, or 42 43 c. Deny the Development Order. The decision of the Commission shall be treated as 44final at the conclusion of the voice vote on the agenda item under consideration, 45notwithstanding later issuance of a written order. The minutes of the Commission meeting shall 46be conclusive evidence of the action of the Commission. Review of final action by the 47Commission shall be by Writ of Certiorari to the Circuit Court. November 9, 2010 72 PLANNING AND ZONING DIVISION SERVICES 1 2 9. Expiration of approved plans. Approved Master Site Plans as described herein shall 3remain valid indefinitely. Approved Technical Site Plans shall remain valid for a period of two 4(2) years pursuant to the terms listed in Chapter 4, Section 5. 5 6(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; 7Ord. No. 02-017, § 1, 4-16-02; Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 04-027, § 5, 4-20- 804; Ord. No. 05-023, § 2, 6-21-05; Ord. No. 08-006, § 2, 5-6-08) 9 C. Use Approval. 10 11 1.General. 12 13 a.Purpose and Intent. 14 The purpose of this subsection is to 15provide a unique and efficient procedure for regulating the uses 16proposed within the Planned Industrial Development (PID) zoning 17district. The intent of this application is to establish an inventory of 18allowable uses that are tailored specifically to each PID development, 19and that such inventory hereinafter referred to as the “list of permitted 20uses”, may be modified from time to time without the necessity of 21amending the Use Matrix (Table 3-28) in Chapter 3, Article IV. The list 22of permitted uses shall be maintained by the Planning and Zoning 23Division. 24 b. Applicabilty. 25 Except as noted herein, any use that is proposed 26on land or property zoned PID shall require City Commission review 27and approval. The approval of uses in connection with a Mixed Use Pod 28shall be processed in conjunction with the review of each technical site 29plan in accordance with Section 3.B above, except conditional uses shall 30require Commission approval in accordance with Section 2.C above. 31 32In the event a use is proposed that is not listed under the allowed uses or 33the prohibited uses, the Director of Planning and Zoning Development 34Director or his/her designee may approve the use administratively as 35part of the site plan approval process if the use is determined consistent 36with the intent and purpose of the mixed use development. If the 37Director denies the use, the applicant shall have the right to appeal the 38decision directly to the City Commission as provided in paragraphs 7. 39and 8. hereafter. 40 2. Submittal Requirements. 41 See Section 1.D above for the submittal 42requirements of this application. 43 3. Review Criteria. 44 The use approval shall comply with the following: 451) all applicable requirements of the PID zoning district; 2) City’s operational 46performance standards of Chapter 3, Article IV, Section 1; 3) all applicable site November 9, 2010 73 PLANNING AND ZONING DIVISION SERVICES 1development standards described in Chapter 4; and 4) the best development 2practices in the sustainable and green checklist. 3 4. Approval Process. 4 An application for use approval requires review by 5the City Commission and shall be processed in accordance with Chapter 2, 6Article I, Section 3; however, any use that is eligible for expedited review under 7the City’s Expedited Development Review Programpursuant to Chapter 2, 8Article I, Section 4, shall not require a public hearing, and the Director of 9Planning and Zoning or designee may administratively approve such use if 10determined to be in compliance with the Review Criteria of Section 3.C.3 above. 11 D. Waiver (Mixed Use Pod). 12 13 1. General. 14 15 a. Purpose and Intent. 16 The purpose of this subsection is to 17provide an efficient relief process to allow for deviations from certain 18requirements and standards of Chapter 3 and Chapter 4 of these Land 19Development Regulations. The intent of this application is not to 20provide a means for circumventing any such requirement or standard but 21to allow for a departure from the code upon demonstration that the 22subject request satisfies the intent of the review criteria contained herein. 23 b. Applicability. 24 The requested waiver shall be processed 25concurrent with the review of a master site plan unless otherwise 26determined by the Director of Planning and Zoning or designee. The 27City Commission may waive or modify the requirements or standards 28that pertain to the following: 3. Waiver of standard zoning 29regulations allowed. In conjunction with the approval of the Master Site 30Plan, or a technical site plan reviewed by the City Commission, the City 31Commission may waive or modify the standard zoning regulations for 32the following: 33 34(1) a. Building setbacks; 35 36(2) b. Drive aisle widths and parking dimensions; 37 38(3) c. Perimeter buffer widths; 39 40(4) d. Type and size of dwelling units; 41 42(5) e. Parking space requirements; 43 44(6) f. Internal landscape requirements; and 45 46(7) Other waivers to the following: 1) PID zoning 47regulations of Chapter 3, Article III, excluding maximum November 9, 2010 74 PLANNING AND ZONING DIVISION SERVICES 1building height; 2) and any site development standard described 2in Chapter 4 as necessary to further economic development, 3affordable and workforce housing, sustainable development and 4green building initiatives, and to support the uses that are 5eligible for the Expedited Development Review Program in 6accordance with Chapter 2, Article I, Section 4. g. 7Other waivers to development regulations, except for 8height, which requires an enabling Ordinance, as approved by 9the City Commission. 10 2. Submittal Requirements. 11 The applicant shall submit a letter that 12addresses the review criteria of Section 3.D.3 below, in addition to submitting 13any plans and exhibits required by the accompanying master site plan or 14technical site plan, whichever is applicable. 15 3. Review Criteria. 16 The applicant shall justify each waiver request as 17part of the application for master site plan or master site plan modification. The 18applicant shall document the nature of the request, the extent of its departure 19from the standard regulation, and the basis for the request. The City may 20request additional information and documentation from the applicant, such as a 21shared-parking study, or other type of performance related analysis that further 22justifies the waiver request. 23 4. Approval Process. 24 An application for waiver approval requires 25review by the City Commission and shall be processed in accordance with 26Chapter 2, Article I, Section 3. 27 5. Denial. 28Upon the denial of an application for relief hereunder, in 29whole or in part, a period of one (1) year must elapse prior to the filing of the 30same or similar application affecting the same property or any portion thereof; 31however, this restriction shall not apply to applications which further the City’s 32economic development, workforce housing, or green building programs. 33 6. Expiration. 34 A waiver shall remain valid as long as the corresponding 35master site plan or technical site plan approval remains in effect, or unless there 36is any amendment to the original waiver. Any amendment to the original 37approval shall require application for, and approval of, a new waiver. 38 39The applicant shall justify each waiver request in writing as part of the Master 40Site Plan application. The nature of the request, the extent from which it departs 41from the standard regulation, and the basis for which it is sought shall be 42documented. Additional documentation acceptable to the City, such as shared 43parking studies or parking studies justifying a reduction request, may be 44requested by the city for their use in analyzing the waiver requests. 45 46These approved waivers shall apply to individual Technical Site Plans. Master 47site plans and technical site plans, or amendments to same, which contain waiver November 9, 2010 75 PLANNING AND ZONING DIVISION SERVICES 1requests, shall be subject to the public notification requirements applicable to a 2zoning code variance. 3 Section 4. Relief Applications. 4 5 6Each application for relief shall be considered unique and not set precedent for subsequent 7requests. 8 A. Administrative Adjustments. 9 10 1. General. 11 12 a.Purpose and Intent.. 13 Sec. 1The purpose of this subsection is 14to provide an efficient relief process to allow for reductions in the 15minimum yard setbacks within certain conventional single-family 16residential zoning districts, in order to better facilitate and accommodate 17minor building additions, home expansions, and site improvements. The 18intent of this application is not to provide a means of circumventing the 19minimum yard requirements of respective zoning districts but to allow 20for reductions that would have negligible impacts upon the subject site 21and surrounding properties and represent compliance with the general 22intent of the City’s zoning regulations. The intent of these provisions is 23to provide minor reductions to the minimum yard setbacks in order to 24better facilitate renovation/redevelopment efforts on individual lots in 25single-family zoning districts. In staff consideration of requests for 26administrative adjustment to minimum yard setbacks, various criteria 27will be utilized to determine compatibility with and impact on the 28surrounding neighborhood. Staff will review the site constraints, 29building orientation and floor plan functionality issues that justify the 30request. Additionally, staff will take into consideration compatibility 31with the established character of the neighborhood, the massing of the 32building or addition(s) and reasonableness of the request. (Ord. No. 05- 33034, §2, 7-19-05) 34 b. Applicability. 35 36 37(1) Principal Buildings. The administrative adjustment 38process to reduce minimum yard requirements for principle 39buildings shall be applicable to those single-family and two- 40family dwelling units located in the R-1-AAB; R-1-AA; R-1-A; 41and R-1 zoning districts. See Chapter 3, Article III, Section 2 for 42additional regulations pertaining to administrative adjustments 43within each respective district. 44 45(2) Accessory Structures, Building Appurtenances, and Site 46Improvements. The administrative adjustment process to 47reduce setback requirements shall be applicable to the following: November 9, 2010 76 PLANNING AND ZONING DIVISION SERVICES 1 2(a) Private pump housing and equipment for 3swimming pools and spas in accordance with Chapter 3, 4Article V, Section 3.D.3; 5 6(b) Heating, Ventilation, and air conditioner units 7(including compressors and condensers) in accordance 8with Chapter 3, Article V, Section 3.R; 9 10(c) Compost bins and tumblers in accordance with 11Chapter 3, Article V, Section 3.U; 12 13(d) Generators and fuel tanks in accordance with 14Chapter 3, Article V, Section 3.T; and 15 16(e) Solar photovoltaic (PV) arrays that are erected or 17installed at-grade (ground level) in accordance with 18Chapter 3, Article V, Section 3.W. 19 2. Submittal Requirements. 20 The applicant shall submit a letter that 21addresses the review criteria of Section 4.A.3 below, in addition to the following 22items: 23 a. 24 Proof of property ownership by petitioner(s), such as a deed or 25purchase contract agreement; 26 b. 27 Justification statement detailing the need for the setback 28adjustment, including site constraints and restrictions, building 29orientation, and floor plan functionality (for applications associated with 30the principal building); 31 c. 32 Two (2) sealed surveys by a registered surveyor in the State of 33Florida, not older than six (6) months old, and illustrating the following: 34 35(1) All property lines; 36 37(2) North arrow; 38 39(3) Existing structure(s) and paving; 40 41(4) Existing ground elevation; 42 43(5) Rights-of-way, including ground elevation; 44 45(6) Easements upon or adjacent to the site; 46 47(7) Legal description; November 9, 2010 77 PLANNING AND ZONING DIVISION SERVICES 1 2(8) Lot size [in acres, to the nearest one-hundredth (1/100) 3of an acre]; and 4 5(9) Location sketch of property. 6 d. 7 Two (2) sketches, drawn to scale, and properly illustrating the 8following: 9 10(1) Location of all existing structure(s) on property; 11 12(2) Location and dimension of any new construction; 13 14(3) Setback dimensions to all property lines; 15 16(4) Location of, and dimensions to streets, alleys, and 17easements on or adjacent to the subject property; 18 19(5) Floor plans of proposed addition(s) and of adjacent 20habitable space in the existing structure; and 21 22(6) Location, number and size of existing and proposed 23parking spaces on the property; 24 e. 25 Photographs depicting the existing conditions on the property, 26area of the proposed addition(s), accessory structure, or site 27improvement, and the view(s) facing abutting or adjacent properties. 28 f. 29 For applications associated with the principal building, an 30affidavit from adjacent property owners or legal representative, which 31affirms that such owners have completely examined the required plans 32and exhibits and have no objection to the subject request for 33administrative adjustment to reduce the yard setbacks as requested by 34the petitioner. 35 36ARTICLE X. ADMINISTRATIVE ADJUSTMENT TO MINIMUM YARD 37SETBACKS 38Sec. 2. Submittal requirements. 39 40A. Proof of property ownership by petitioner(s), such as deed or purchase 41contract agreement; 42 43B.Justification statement detailing the need for the setback adjustment, 44including site constraints, building orientation, floor plan functionality and other 45restrictions; 46 47C.Provision of the following: November 9, 2010 78 PLANNING AND ZONING DIVISION SERVICES 1 21Two sealed surveys by a registered surveyor in the State of 3Florida, not over six (6) months old, including: 4 5a.All property lines; 6 7b.North arrow; 8 9c.Existing structures and paving; 10 11d..Existing elevations; 12 13e.Rights-of-way, with elevations; 14 15f.Easements on or adjacent to the site; 16 17g.Utilities on or adjacent to the site; 18 19h.Legal description; 20 21i.Number of acres to the nearest one-hundredth (1/100) of 22an acre; and 23 24j.Location sketch of property. 25 262. Two site plans properly dimensioned and to scale depicting the 27following: 28 29a.Location of all existing structures on the property; 30 31b.Location and dimension of any new construction; 32 33c.Setback dimensions to all property lines; 34 35d.Location of, and dimension to, streets, alleys and 36easements on or adjacent to the property; 37 38e.Floor plans of proposed addition(s) and of adjacent 39habitable space in the existing structure; and 40 41f.Location, number and size of existing and proposed 42parking spaces on the property. 43 443.Photographs depicting the existing conditions on the property, 45area of the proposed additions(s), and views facing adjacent properties; 46 November 9, 2010 79 PLANNING AND ZONING DIVISION SERVICES 14.Address labels for the purpose of mailing notice to the owners of 2the properties that are immediately abutting the property that is the 3subject of the application for the administrative adjustment. The address 4labels shall contain the name and address of the property owners for 5property immediately abutting the applicant's property as listed by the 6Palm Beach County Property Appraiser's Office. (Ord. No. 05-034, § 2, 77-19-05) 8 3. Review Criteria. 9 In each application for administrative adjustment, 10staff shall review the proposed floor plan (for applications associated with the 11principal building), building orientation, accessory structure or site 12improvement, and existing site constraints to ensure that the subject request 13would have negligible impacts upon abutting and surrounding properties. 14Additionally, staff shall consider the established character of the neighborhood, 15massing of the subject building or proposed addition, and reasonableness of the 16subject application to justify a reduction in the minimum required yard or 17setback, whichever is applicable. 18 4. Approval Process. 19 The application for administrative adjustment 20shall be reviewed by staff and action will be taken by the appropriate 21administrative official. 22 B. Community Design Appeal. 23 24 1. General. 25 26 a. Purpose and Intent. 27The purpose of this subsection is to s 28provide a relief process that allow for deviations from any community 29design standard of Chapter 4 of these Land Development Regulations. 30The intent of this application process is not to provide a means of 31circumventing such standards but to allow for flexibility, and alternative 32ways to meet the intent of the code to yield high quality design, 33architectural detail, and visual interest without negative impacts to the 34subject site or surrounding properties. 35 b. Applicability. 36This application shall be applicable to any 37requested deviation of a community design standard of Chapter 4 of 38these Land Development Regulations. The requested appeal shall be 39processed concurrent with a site plan unless otherwise determined by the 40Director of Planning and Zoning or designee. 41 c. Rules. 42 For the purposes of this subsection, a “site plan” shall be 43construed to include a new site plan, major modification, or minor 44modification. 45 46However, in addition to the submittal requirements set forth in Chapter 4, Aall 47projects subject to compliance with the community design plan shall submit November 9, 2010 80 PLANNING AND ZONING DIVISION SERVICES 1elevation drawings of all sides of each building proposed to be developed on the 2site. Colored elevations will only be required for the front elevation of a 3structure when all sides of a building are consistent in color and materials. Each 4colored elevation drawing shall identify the type of each exterior finish material 5and state the color by name, manufacturer and model or style number. A color 6sample shall be submitted as an example along with the color or product 7identified on the plans. The sample will be used for the final site inspection to 8ensure that the product and color represented at time of site plan approval. For 9projects which require site plan approval, all colored elevation drawings and/or 10samples shall be submitted to the Planning and Zoning Department by the site 11plan approval deadline date (Ord. No. 95-04, § 1, 3-21-95) 12 2. Submittal Requirements. 13 See Section 1.D above for the submittal 14requirements of this application. 15 3. Review Criteria. 16 In granting relief to any community design 17standard of Chapter 4, the City Commission must find that the subject appeal 18meets the intent of the affected standard, does not diminish its practical 19application, and that an acceptable development product and / or design will 20result. The following review criteria shall be used to justify an application for 21appeal: 22 a. 23 Whether the proposed request will demonstrate consistency with 24the Comprehensive Plan. 25 b. 26Whether the proposed request will not significantly detract from 27the livability or appearance of the City and will be consistent with the 28established or desired character of the area, or with the Redevelopment 29Plan, where applicable. 30 c. 31 On balance, whether the proposed request will be consistent with 32the purpose of the standard for which a deviation is requested. Granting 33the request will equally or better meet the purpose of the standard to be 34appealed. 35 d. 36Whether the proposed request is intended to save or preserve 37existing trees or desired flora. 38 39(1) Whether the applicant is unable to design or locate 40proposed buildings, structures, or improvements and preserve the 41tree(s) and comply with all provisions of these community 42design standards without causing the applicant undue hardship; 43and 44 45(2) Whether it is not feasible to transplant the trees to 46another location on the subject site considering the following: 1) 47shape and dimensions of the real property; 2) location of existing November 9, 2010 81 PLANNING AND ZONING DIVISION SERVICES 1structures and infrastructure improvements; and 3) size, age, 2health, and species of trees sought to be protected. 3 e. 4Whether the proposed request will have adverse environmental 5impacts that cannot be prevented by the imposition of conditions. 6 f. 7Whether the proposed request will have an adverse impact on 8property values of abutting or adjacent land. 9 g. 10 Whether the proposed request will seriously reduce the quality or 11quantity of light and air available to adjacent properties. 12 h. 13 Whether the proposed request is necessary to further the 14objectives of the City to assist with economic development and business 15promotion. 16 i. 17 Whether the proposed request meets the purpose and intent of 18these regulations but conflicts with another site development standard or 19requirement, including sustainable development and green initiatives; 20 4. Approval Process. 21 An application for community design appeal 22requires review by the City Commission and shall be processed in accordance 23with Chapter 2, Article I, Section 3. Sec. 5. Community design review and 24approval.Community design review and approval shall be regulated by. 25Chapter 4, Site Plan Review, Part III, Land Development Regulations. Single- 26family and duplex dwelling units on individually platted lots shall be exempt 27from this chapter (Ord. No. 95-04, § 1, 3-21-95) 28 5. Expiration. 29 Pursuant to Section 4.B.1.b above, the community design 30appeal shall be processed concurrent with a site plan. The approval of an appeal 31shall remain valid as long as the corresponding site plan approval remains in 32effect. See Section 2.F.5 above for additional information regarding the 33expiration and extension of a site plan. 34 C. Height Exception. 35 36 1. General. 37 F. HEIGHT LIMITATIONS AND EXCEPTIONS l. 38 39 a.Purpose and Intent. 40 The purpose of this subsection is to 41provide an efficient relief process that would allow for certain eligible 42building appurtenances and structures, which are ordinarily erected or 43located on top of or within a building, to exceed the maximum building 44height allowed by the respective zoning district upon demonstrating 45compliance with the review criteria herein. The intent of this application 46is not to provide a means of circumventing the maximum height allowed 47for buildings within the respective zoning district, but to strategically November 9, 2010 82 PLANNING AND ZONING DIVISION SERVICES 1accommodate and design those appurtenances and structures with design 2flexibility, while providing visual interest and enhancement to building 3façades without negligible impacts upon the subject site and surrounding 4properties. 5 b.Applicability. 6 No portion of any principal or ancillary 7structure proposed within the City shall exceed the maximum height 8allowed by the respective zoning district, except for as follows: water 9cooling and fire towers, radio and television towers of commercial 10nature, spires and finials, domes, cupolas, bell and clock towers, 11flagpoles, electrical and mechanical support systems, green elements 12such as PV arrays, parapets and similar structures or architectural 13enhancements, and their necessary mechanical appurtenances may be 14erected within or on top of a structure above the district height limitation 15after obtaining approval of a height exception from the City 16Commission. A request for height exception shall be processed 17concurrent with a site plan unless otherwise determined by the Director 18of Planning and Zoning or designee, or if the height exception 19application is in connection with a single-family or duplex home located 20on an individually platted lot within a single-family or two-family 21residential district. No portion of any structure intended to be utilized 22for residential, commercial, or industrial purposes within the municipal 23limits of the City of Boynton Beach, Florida, shall exceed the height 24forty-five (45) feet above minimum finished floor as required by the 25building code, except as noted as follows: 2.Water, cooling and fire 26towers, radio and television towers of commercial nature, church spires, 27places of assembly, domes, cupolas, flagpoles, electrical and mechanical 28support systems,parapets, and similar structures, and their necessary 29mechanical appurtenances may be erected within a structure or on top of 30the structure, above the district height limitations provided herein, after 31obtaining approval of the City Commission based on their consideration 32of the standards for evaluating exceptions to district height regulations 33set forth in the in paragraph 3 below; 34 c.Rules. 35 For the purposes of this subsection, a “site plan” shall be 36construed to include a new site plan or major modification. 37 2. Submittal Requirements. 38 See Section 1.D above for the submittal 39requirements of this application. 40 3. Review Criteria. 41 3. In considering an application for exception to 42the district height regulation, the City Commission shall make findings 43indicating the proposed exception has been studied and considered in relation to 44the following standards, where applicable: 45 a. 46 On the subject site or surrounding properties, whether the height 47exception would adversely affect any of the following: 1) light and air; November 9, 2010 83 PLANNING AND ZONING DIVISION SERVICES 12) property values; 3) the living conditions; or 4) existing or proposed 2land uses; 3 b. 4 Whether the height exception would be a deterrent to the 5development or improvement of adjacent properties in accord with 6existing regulations; 7 c. 8 Whether the height exception would contribute to the 9architectural character and form of the proposed project; 10 d. 11 Whether the height exception would positively contribute to the 12City’s desired image, streetscape design, or recommendation of any 13applicable Redevelopment Plan; 14 e. 15 Whether the height exception would contribute, incentivize, or 16serve as a catalyst for sustainable development and other green 17initiatives; 18 f. 19 Whether the height exception is necessary and not proposed in a 20manner with which the principle objective is to maximize project 21visibility without concern for architectural or aesthetic integrity; and 22 g. 23 Whether sufficient evidence has been presented to justify the 24need for a height exception. 25 26a.Whether the height exception will have an adverse effect on the existing 27and proposed land uses; 28 29b.Whether the height exception is necessary; 30 31c.Whether the height exception will severely reduce light and air in 32adjacent areas; 33 34d.Whether the height exception will be a deterrent to the improvement or 35development of adjacent property in accord with existing regulations; 36 37e.Whether the height exception will adversely affect property values in 38adjacent areas; 39 40f.Whether the height exception will adversely influence living conditions 41in the neighborhood; 42 43g.Whether the height exception will constitute a grant of a special privilege 44to an individual owner as contrasted with the public welfare; and 45 46h.Whether sufficient evidence has been presented to justify the need for a 47height exception. November 9, 2010 84 PLANNING AND ZONING DIVISION SERVICES 1 2i. The City Commission may, in connection with processing of application for 3exception hereunder, refer same to the planning and development board for 4recommendation. 5 4. Approval Process. 6 An application for height exception approval 7requires review by the City Commission and shall be processed in accordance 8with Chapter 2, Article I, Section 3. 9 5. Expiration. 10 An approval for height exception shall remain valid as 11long as the corresponding site plan approval remains in effect. Further, a time 12extension for site plan approval shall simultaneously extend approval of the 13corresponding height exception. Where no site plan is required in connection 14with a request for height exception approval, the height exception shall remain 15in effect for one (1) year. See Section 2.F.5 above for information on the site 16plan approval period and extension process. 17 D. Variance to Land Development Regulations. 18 19 1. General. 20 21 a.Purpose and Intent. 22 The purpose of this subsection is to 23provide an efficient relief process to allow for deviations from certain 24requirements and standards of Chapter 3 and Chapter 4 of these Land 25Development Regulations in circumstances when the applicant is able to 26demonstrate a hardship. The intent of this application is not to provide a 27means for circumventing any such requirement or standard, but to allow 28for a departure from the code upon demonstration that the subject 29request satisfactorily addresses the review criteria contained herein, and 30without the necessity of amending the regulation or rezoning the 31property to accommodate the requested relief. The City Commission 32has the authority and duty to authorize, upon appeal, such a variance 33from the terms of a City ordinance as will not be contrary to the public 34interest when, owing to special conditions, a literal enforcement of the 35provisions of the ordinance would result in unnecessary and undue 36hardship. 37 b. Applicability. 38 Generally, the variance process shall be 39available when a petitioner requests a deviation from a quantifiable 40standard, measure, or regulation. For clarification, the variance process 41shall not be available in the following instances: 42 43(1) When another relief process is available; 44 45(2) No nonconforming use of neighboring lands, structures, 46or buildings in other zoning districts shall be considered grounds 47for the authorization of a variance; November 9, 2010 85 PLANNING AND ZONING DIVISION SERVICES 1 2(3) Chapter 3: 3 4(a) Article I – overview and use of terms; 5 6(b) Article III - Future Land Use Map (FLUM) 7classifications and corresponding zoning districts, and 8density regulations; 9 10(c)Article IV – any use regulations in the Use 11Matrix, including the regulations pertaining to hazardous 12and toxic waste; non-conforming uses; and the 13operational performance standards; 14 15(4) As otherwise determined by the Director of Planning and 16Zoning or designee. 17 18E. Procedures for Variances, Special Exceptions and Appeals of 19Administrative Actions.1. Exceptions. Under no circumstances except 20as permitted in above shall the board grant a variance to permit a use not 21generally or by special exception permitted in the zoning district involved or any 22use expressly or by implication prohibited in the applicable zoning district. No 23nonconforming use of neighboring lands, structures, or buildings in other zoning 24districts shall be considered grounds for the authorization of a variance. 25 262. Review of Administrative Orders. In exercising its powers, the board may, 27upon appeal and in conformity with the provisions of this section, reverse or 28affirm, wholly or partly, or may modify the order, requirement, decision or 29determination made by an administrative official in the enforcement of any 30zoning ordinance or regulation adopted pursuant to this section, and may make 31any necessary order, requirement, decision or determination, and to that end 32shall have the powers of the officer from whom the appeal is taken. A majority 33vote shall be necessary to reverse any order, requirement, decision, or 34determination of any such administrative official or to decide in favor of the 35applicant on any matter upon which the board is required to pass under this 36section. 37 385. Hearing of Appeals.The board shall fix a reasonable time for the hearing 39of the appeal, give the public notice thereof, as well as due notice to the parties 40in interest, and decide the same within a reasonable time. Upon the hearing, any 41person may appear in person, by agent or attorney. Applicants shall be required 42to file a proper form (supplied by the Planning Department), a current certified 43survey accompanied by a fee as adopted by resolution of the City Commission. 44For procedural purposes, an application for a special exception shall be handled 45by the board as for appeals. 46 November 9, 2010 86 PLANNING AND ZONING DIVISION SERVICES 16. Review of Decisions of the Board. Any person may appeal variance, 2special exception, or appeal of administrative order to the City Commission of 3the City of Boynton Beach within twenty (20) days after rendition of the 4decision by the Planning and Development Board. The decision of the City 5Commission shall be deemed final subject only to review by writ of certiorari to 6the Palm Beach County Circuit Court. 7 2. Submittal Requirements. 8 See Section 1.D above for the submittal 9requirements of this application. 10 3. Review Criteria. 11 1. In order to authorize any variance from the 12terms of an ordinance, the In order for the City Commission to grant a variance, 13the applicant must demonstrate that board must find that: 14 a. 15 That special conditions and circumstances exist which are 16peculiar to the land, structure or building involved, and which are not 17applicable to other lands, structures or buildings in the same zoning 18district. 19 b. 20That special conditions and circumstances do not result from the 21actions of the applicant for the variance. 22 c. 23 That granting the variance requested will not confer on the 24applicant any special privilege that is denied by this section to other 25lands, structures or buildings in the same zoning district. 26 d. 27 That literal interpretations of the provisions of the ordinance 28would deprive the applicant of rights commonly enjoyed by other 29properties in the same zoning district under the terms of the ordinance 30and would work unnecessary and undue hardship on the applicant. 31 e. 32 That the variance granted is the minimum variance that will 33make possible reasonable use of the land, structure or building. 34 35f. of the variance will be in harmony with the That the granting 36general intent and purpose of this chapter and that such variance will not 37be injurious to the area involved or be otherwise detrimental to the 38public welfare. 39 40g.For variances to minimum lot area or lot frontage requirements, 41that property is not available from adjacent properties in order to meet 42these requirements, or that the acquisition of such property would cause 43the adjacent property or structures to become nonconforming. The 44applicant for such variances shall provide an affidavit with the 45application for variance stating that the above-mentioned conditions 46exist with respect to the acquisition of additional property. 47 November 9, 2010 87 PLANNING AND ZONING DIVISION SERVICES 4. Approval Process. 1 An application for variance approval requires 2review by the City Commission and shall be processed in accordance with 3Chapter 2, Article I, Section 3. In addition, in recommending approval of a 4variance, the Planning and Development Board may determine the following: 5 a. 6 The Board board may prescribe appropriate conditions and 7safeguards in conformity with this section. Violations of such 8conditions and safeguards, when made a part of the terms under which 9the variance is granted, shall be deemed a violation of this section. 10 b. 11 The Board board may prescribe a reasonable time limit within 12which the action for which the variance is required shall begin, be 13completed, or both. 14 15c.Where variances of lot area and maximum densities are 16requested, and such variance, if granted, would cause the density to 17exceed the density shown on the future land use map of the city's 18comprehensive plan, the density created shall be construed to be in 19conformance with the comprehensive plan, if the board finds that the 20variance meets the conditions set forth in this section for granting the 21same, and the variance would only allow for the construction of a single- 22family detached dwelling. 23 24 B. Administrative Appeals. The board has the authority to hear and 25decide appeals when it is alleged that there is error in any order, requirement, 26decision, or determination made by an administrative official in the enforcement 27of any zoning ordinance or regulation adopted pursuant to the section. 28 29C. Special Exceptions. The board has the authority and duty to hear and 30decide requests for special exceptions. To decide such questions as are involved 31in the determination of when such special exceptions should be granted. To 32grant special exceptions with appropriate conditions and safeguards or to deny 33such special exceptions when not in harmony with the purpose and intent of this 34section. The following standards apply to the board power to grant special 35exceptions: 36 371. The board shall find that in granting the special exception, the public 38interest will not be adversely affected. 39 402. The board may prescribe appropriate conditions and safeguards in 41conformity with this chapter. Violation of such conditions and safeguards, when 42made part of the terms under which the special exception is granted, shall 43constitute grounds for the revocation of the special exception and the certificate 44of occupancy or occupational license associated therewith. 45 463. The board may prescribe a reasonable time limit within which the action 47for which the special exception is required shall begin or be completed, or both. November 9, 2010 88 PLANNING AND ZONING DIVISION SERVICES 1 2D. Variances. The board has the authority and duty to authorize upon appeal 3such variance from the terms of a city ordinance as will not be contrary to the 4public interest when, owing to special conditions, a literal enforcement of the 5provisions of the city ordinance would result in unnecessary and undue 6hardship. 7 88.h. For variances to the Chapter 21 Signs, the Planning and 9Development Board may grant a variance if it finds that the unusual shape or 10topography of the property in question prevents signage allowable under the 11provisions of Chapter 21 from adequately identifying the business or other 12activity located on such property. No variances may be granted to signs 13expressly prohibited by Chapter 21. The board may only grant a variance to: 14 15(1)Allow a setback less than that required under the chapter; 16 17(2)Allow the area, height or both of a sign to be increased by up to 18twenty-five (25) percent of the maximum allowable height or area; 19 20(3)Allow the number of signs to be increased over the maximum 21allowed by this code. 22 23Sec. 1. Variances. After denial of a sign permit by the development 24department, a request for variance may be filed with the City 25Commission pursuant to Chapter 1, Article VII, Sec. 1.D.2., of these 26regulations. The City Commission may grant a variance if it finds that 27the unusual shape or topography of the property in question prevents 28signage allowable under the provisions of this ordinance from 29adequately identifying the business or other activity located on such 30property. The City Commission may only grant a variance to: 31 32A.Allow a setback less than that required under the chapter; 33 34B.Allow the area and/or height of a sign to be increased by up to 35twenty-five (25) percent of the maximum allowable height or area; or 36 37C.Allow the number of signs to be increased over the maximum 38allowed by this code. 39 40No variances may be granted to signs expressly prohibited by this 41chapter. (Ord. No. 96-61, § 1, 1-21-97; Ord. No. 00-78, § 2, 1-2-01; 42Ord. No. 01-50, § 3, 12-4-01; Ord. No. 02-033, § 4, 8-20-02) 43 447.Withdrawal or Denial of Application. a.Upon the denial of an 45application for relief hereunder, in whole or in part, a period of one (1) year 46must elapse prior to the filing of a subsequent application affecting the same 47property or any portion thereof.b. Upon the withdrawal of an November 9, 2010 89 PLANNING AND ZONING DIVISION SERVICES 1application, in whole or in part, a period of six (6) months must run prior to the 2filing of a subsequent application affecting the same property or any portion 3thereof, unless the decision of the board is without prejudice; and provided that 4the period of limitation shall be increased to a two (2) year waiting period in the 5event such an application, in whole or in part, has been twice or more denied or 6withdrawn. 7 8c. An application may be withdrawn without prejudice by the applicant as a 9matter of right; provided the request for withdrawal is in writing and executed in 10a manner and on a form prescribed by the board and filed with the board at least 11one (1) week prior to any scheduled hearing scheduled before the board 12concerning the application; otherwise, all such requests for withdrawal shall be 13with prejudice. No application may be withdrawn after action has been taken by 14the board. When an application is withdrawn without prejudice, the time 15limitations for reapplication provided herein shall not apply. 16 5. Denial. 17 7.Withdrawal or Denial of Application. a. Upon 18the denial of an application for relief hereunder, in whole or in part, a period of 19one (1) year must elapse prior to the filing of a subsequent the same or similar 20application affecting the same property or any portion thereof. 21 6. Miscellaneous. 22A variance shall remain valid indefinitely unless 23there is change in its application on the subject property. In other words, the 24variance is specific to the improvement for which the application was made. 25Any amendment to the original approval that increases the amount of building or 26site, which would be subject to the variance, shall require the application for, 27and approval of, a new variance. Sec. 2.1Quasi-Judicial Authority, functions, powers and duties. 28 29A.The CRA board shall have the authority and duty to hear and decide, in a quasi- 30judicial capacity, administrative appeals, special exceptions and variances. 31B.Administrative appeals. The board has the authority to hear and decide appeals 32when it is alleged that there is error in any order, requirement, decision or determination 33made by an administrative official in the enforcement of any zoning ordinance or 34regulation adopted pursuant to the section. 35C.Special exceptions. The board has the authority and duty to hear and decide 36requests for special exceptions. To decide such questions as are involved in the 37determination of when such special exceptions should be granted. To grant special 38exceptions with appropriate conditions and safeguards or to deny such special 39exceptions when not in harmony with the purpose and intent of this section. The 40following standards apply to the board power to grant special exceptions: 411.The board shall find that in granting the special exception, the public interest 42will not be adversely affected. November 9, 2010 90 PLANNING AND ZONING DIVISION SERVICES 12.The board may prescribe appropriate conditions and safeguards in 2conformity with this chapter. Violation of such conditions and safeguards, when made 3part of the terms under which the special exception is granted, shall constitute grounds 4for the revocation of the special exception and the certificate of occupancy or 5occupational license associated therewith. 63.The board may prescribe a reasonable time limit within which the action for 7which the special exception is required shall begin or be completed, or both. 8D.Variances. The board has the authority and duty to authorize upon appeal such 9variance from the teams of a city ordinance as will not be contrary to the public interest 10when, owing to special conditions, a literal enforcement of the provisions of the city 11ordinance would result in unnecessary and undue hardship. 121.In order to authorize any variance from the terms of an ordinance, the board 13must find: 14a.That special conditions and circumstances exist which are peculiar to the 15land, structure or building involved, and which are not applicable to other lands, 16structures or buildings in the same zoning district. 17b.That special conditions and circumstances do not result from the actions 18of the applicant for the variance. 19c.That granting the variance requested will not confer on the applicant any 20specialprivilege that is denied by this section to other lands, structures or buildings in 21the same zoning district. 22d.That literal interpretations of the provisions of the ordinance would 23deprive the applicant of rights commonly enjoyed by other properties in the same 24zoning district under the terms of the ordinance and would work unnecessary and undue 25hardship on the applicant. 26e.That the variance granted is the minimum variance that will make 27possible reasonable use of the land, structure or building. 28f.That the grant of the variance will be in harmony with the general intent 29and purpose of this chapter and that such variance will not be injurious to the area 30involved or be otherwise detrimental to the public welfare. 31g.For variances to minimum lot area or lot frontage requirements, that 32property is not available from adjacent properties in order to meet these requirements, or 33that the acquisition of such property would cause the adjacent property or structures to 34become nonconforming. The applicant for such variances shall provide an affidavit with 35the application for variance stating that the above mentioned conditions exist with 36respect to the acquisition of additional property. 372.In granting a variance: 38a.The board may prescribe appropriate conditions and safeguards in 39conformity with this section. Violations of such conditions and safeguards, when made a November 9, 2010 91 PLANNING AND ZONING DIVISION SERVICES 1part of the terms under which the variance is granted, shall be deemed a violation of this 2section. 3b.The board may prescribe a reasonable time limit within which the action 4for which the variance is required shall begin, be completed, or both. 5c.Where variances of lot area and maximum densities are requested, and 6such variance, if granted, would cause the density to exceed the density shown on the 7future land use map of the city's comprehensive plan, the density created shall be 8construed to be in conformance with the comprehensive plan if the board finds that the 9variance meets the conditions set forth in this section for granting the same, and the 10variance would only allow for the construction of a single-family detached dwelling. 11E.Procedures for variances, special exceptions and appeals of administrative 12actions. 131.Exceptions. Under no circumstances except as permitted above shall the 14board grant a variance to permit a use not generally or by special exception permitted in 15the zoning district involved or any use expressly or by implication prohibited in the 16applicable zoning district. No nonconforming use of neighboring lands, structures or 17buildings in other zoning districts shall be considered grounds for the authorization of a 18variance. 192.Review of administrative orders. In exercising its powers, the board may, 20upon appeal and in conformity with the provisions of this section, reverse or affirm, 21wholly or partly, or may modify the order, requirement, decision or determination made 22by an administrative official in the enforcement of any zoning ordinance or regulation 23adopted pursuant to this section and may make any necessary order, requirement, 24decision or determination, and to that end shall have the powers of the officer from 25whom the appeal is taken. A majority vote shall be necessary to reverse an order, 26requirement, decision or determination of any such administrative official or to decide 27in favor of the applicant on any matter upon which the board is required to pass under 28this section. 293.Appeals from decision of administrative official. Appeals to the board may 30be taken by any person aggrieved or affected by any decision of an administrative 31official interpreting any zoning ordinance. Such appeal shall be taken within thirty (30) 32days after rendition of the order, requirement, decision, or determination appealed from 33by filing with the officer from whom the appeal is taken and with the board, a notice of 34appeal specifying the grounds thereof. 354.Stay of work and proceeding on appeals. An appeal to the board stays all 36work on the premises and all proceedings in furtherance of the action appealed from, 37unless the official from whom the appeal is taken shall certify to the board that, by 38reason of facts stated in the certificate, a stay would cause imminent peril of life or 39property. In such case, proceedings or work shall not be stayed except by a restraining 40order which may be granted by the board, or by a court of record on the application, on 41notice to the officer from whom the appeal is taken and on due cause shown. November 9, 2010 92 PLANNING AND ZONING DIVISION SERVICES 15.Hearing of appeals. The board shall fix a reasonable time for the hearing of 2the appeal, give the public notice thereof, as well as due notice to the parties in interest, 3and decide the same within a reasonable time. Upon the hearing, any person may 4appear in person, by agent or attorney. Applicants shall be required to file a proper form 5(supplied by staff), a current certified survey accompanied by a fee as adopted by 6resolution of the City Commission. For procedural purposes, an application for a special 7exception shall be handled by the board as for appeals. 86.Review of decisions of the Board. Any person may appeal variance, special 9exception, or appeal of administrative order to the City Commission of the City of 10Boynton Beach within twenty (20) days after rendition of the decision by the CRA 11board. The decision of the City Commission shall be deemed final subject only to 12review by writ of certiorari to the Palm Beach County Circuit Court. 137.Withdrawal or denial of application. 14a.Upon the denial of an application for relief hereunder, in whole or in part, 15a period of one (1) year must elapse prior to the filing of a subsequent application 16affecting the same property or any portion thereof. 17b.Upon the withdrawal of an application, in whole or in part, a period of six 18(6) months must run prior to the filing of a subsequent application affecting the same 19property or any portion thereof, unless the decision of the board is without prejudice; 20and provided that the period of limitation shall be increased to a two (2) year waiting 21period in the event such an application, in whole or in part, has been twice or more 22denied or withdrawn. 23c.An application may be withdrawn without prejudice by the applicant as a 24matter of right; provided the request for withdrawal is in writing and executed in a 25manner and on a form prescribed by the board and filed with the board at least one (1) 26week prior to any scheduled hearing scheduled before the board concerning the 27application; otherwise, all such requests for withdrawal shall be with prejudice. No 28application may be withdrawn after action has been taken by the board. When an 29application is withdrawn without prejudice, the time limitations for re-application 30provided herein shall not apply. 31F.Advertising requirements. Required advertisements for the applicant's request 32must appear in newspaper of general circulation in the City of Boynton Beach, at least 33fifteen (15) days prior to the scheduled CRA board meeting. All required notices to 34surrounding property owners must be postmarked no later than fifteen (15) days prior to 35that scheduled public hearing. 36(Ord. No. 00-70,§ 2, 12-19-00) 37 38 Section 5. Permit Applications. 39 40 A. Sign Permit. 41 42 November 9, 2010 93 PLANNING AND ZONING DIVISION SERVICES 1. General. 1 2 a.Purpose and Intent. 3 The purpose and intent of this subsection 4is to set forth well-defined application processes, review criteria, and 5uniform procedure to guide in the processing and review of sign permit 6applications to ensure compliance with the design objectives of Chapter 74, Article IV, Section 1.B (i.e. Identification, Aesthetics, Land Values, 8Safety, Sustainability, and Compatibility). 9 b.Applicability. 10 Excluding those signs and support structures 11exempt from the permitting requirements of the sign standards in 12accordance with Chapter 4, Article IV, Section 1.E, it shall be unlawful 13for any person to erect, construct, enlarge, move or convert any sign in 14the City, or cause the same to be done, without first obtaining a sign 15permit for each such sign. These directives shall not be construed to 16require any permit for the cleaning, maintenance, or repair of a sign or 17sign structure for which a permit has previously been issued under this 18article, provided that such sign or structure is not modified in any way. 19Signs and structures supporting signs previously erected without a valid 20permit shall be in violation of this article and shall be deemed illegal 21signs. It shall be mandatory to obtain a permit for an illegal sign, or to 22immediately remove such sign and the structure supporting such sign 23upon notice that the sign or structure supporting the sign is illegal. The 24notice shall contain a time period for removal. Signs and sign support 25structures shall be processed under a separate permit (in accordance with 26Chapter 2, Article IV, Section 3) if the Building Official determines that 27compliance with the Florida Building Code is required. 28 2. Submittal Requirements. 29 See Section 1.D above for the submittal 30requirements of this application. 31 3. Review Criteria. 32 The sign permit shall comply with the sign 33standards of Chapter 4, Article IV.The Building Official shall make the 34determination as to whether a sign permit requires compliance with the Florida 35Building Code. In these instances, the sign permit shall be reviewed in 36accordance with the procedures described in Chapter 2, Article III. 37 4. Approval Process. 38 The Director of Planning and Zoning or designee 39shall have three (3) days to review an application for a sign permit to ensure that 40it is complete. If an application is found to be incomplete, the Director of 41Planning and Zoning shall send a letter to the applicant indicating the noted 42deficiencies (with appropriate code references). Once an application is deemed 43to be complete, staff will promptly conduct a review of the application and 44within 45 days, the Director of Planning and Zoning or designee shall approve, 45approve with conditions, or deny the application for a sign permit. 46 November 9, 2010 94 PLANNING AND ZONING DIVISION SERVICES 5. Expiration. 1 Any permit for a sign may be revoked by the City upon the 2determination that the sign is not in full compliance with the provisions of these 3Land Development Regulations or other applicable codes. A sign permit shall 4become null and void if the work is not complete within 90 days of the issuance 5of such permit. 6 6. Appeal. 7 Any appeal of a decision made by a City official shall be 8conducted in accordance with Chapter 1, Article VIII, Section 1 (Appeals from 9an Administrative Official). 10 B. Zoning Permit. 11 12 1. General. 13 14 a. Purpose and Intent. 15The purpose and intent of this subsection 16is to set forth a well-defined application process, review criteria, and 17uniform procedure for the processing of zoning permits and zoning 18verification letters, to ensure that certain structures and site 19improvements comply with the respective requirements and standards 20described in these Land Development Regulations and the City’s Code 21of Ordinances. 22 b. Applicability. 23 A permit, issued by the Planning and 24Zoning Division, shall be required for accessory structures and site 25improvements proposed on any parcel or development unless otherwise 26specified herein. The following types of requests or improvements do 27not require a building permit but do require a zoning permit or zoning 28verification. Such improvements or requests include but are not limited 29to the following: 30 31(1) Accessory structures, limited to a maximum of one (1) 32open air structures or gazebos less than 100 square feet and used 33in connection with a principal residential dwelling or use. 34Chickee huts are exempt from the above size limitation; 35 36(2) Animal Enclosures; 37 38(3) Fences on residential property (single-family; two- 39family; and single-family attached if fee-simple ownership) with 40a maximum height of six (6) feet; unless used as a barrier around 41a swimming pool, spa, or rooftop equipment; 42 43(4) Impervious surfaces that are unenclosed and uncovered, 44including but not limited to driveways, patios, steps, stoops, 45terraces, sidewalks, and the like, regardless of proposed surface 46materials (e.g., pavers, asphalt, concrete, etc.). 47 November 9, 2010 95 PLANNING AND ZONING DIVISION SERVICES 1The zoning permit shall not be applicable to new impervious 2surfaces and improvements normally administered by other 3Divisions in the City, such as by the Engineering or Building 4Divisions. A land development permit (LDP) from the 5Engineering Division shall be required in lieu of a zoning permit 6for any proposed driveway, patio, terrace, sidewalk, or the like in 7excess of 800 square feet. Impervious surfaces or improvements 8that would require a building permit (in lieu of a zoning permit) 9include reinforced concrete pads connecting with existing 10buildings to be used as a slab for future building additions; 11required handicapped accessible routes; framed decking 12improvements; or other similar improvements. 13 14It should be noted that any proposed impervious surface and / or 15site improvement that decreases permeable land area in excess of 16800 square feet on any given parcel in the City shall be reviewed 17for compliance with the drainage standards of Chapter 4, Article 18VIII, Section 8.A. and / or the Engineering Design Handbook 19and Construction Standards. This review requires the submittal 20of a drainage plan prepared by a licensed professional engineer 21based on the design standards referenced above. 22 23(5) Community gardens. See site plan review (Chapter 2, 24Article II, Section 2.F.) for community gardens containing 25storage and / or agricultural structures that are greater than 100 26square feet. All agricultural structures and storage structures 27greater than 100 square feet shall require approval of a building 28permit in accordance Chapter 2, Article IV, Section 2. 29 c. Compliance with Florida Building Code. 30 Any proposed 31structure or improvement that includes an electrical, plumbing, or other 32similar component which is subject to compliance with the Florida 33Building Code, shall require a building permit, and the review for such 34improvement that would have been conducted as part of the zoning 35permit process, will alternatively occur as part of the review for the 36building permit. See Chapter 2, Article IV for additional regulations 37regarding the building permit review process and procedures. 38 2. Submittal Requirements. 39 See Section 1.D above for the submittal 40requirements of this application. 41 3. Review Criteria. 42 Each structure or improvement shall comply with 43the following: 1) all zoning requirements of Chapter 3, including the 44supplemental regulations of Article V; 2) all applicable site development 45standards described in Chapter 4; and 3) the applicable regulations of Part II, 46City Code of Ordinances. Notwithstanding compliance with the aforementioned 47regulations and standards, their specific provisions are referenced as follows: November 9, 2010 96 PLANNING AND ZONING DIVISION SERVICES 1 a. Fences. 2 Chapter 3, Article V, Section 2; 3 b. Arbors, Trellises, and Pergolas. 4 Chapter 3, Article V, 5Section 3.F; 6 c. Open Air Structures and Gazebos. 7 Chapter 3, Article V, 8Section 3.G; 9 d. Permanent Sheds and Storage Structures. 10 Chapter 3, Article 11V, Section 3.E.1; 12 e. Decks, Patios, Steps, Stoops, and Terraces (Unenclosed and 13 Uncovered). 14 Chapter 3, Article V, Section 3.B; and 15 f. Animal Enclosure. 16 Part II City Code of Ordinances, Chapter 174, Section 4-4; 18 g. Driveways for Single-family and Duplex Dwellings. 19 20 Chapter 4, Article V, Section 2.B. 21 4. Approval Process. 22 The application shall be reviewed by staff and 23action will be taken by the appropriate administrative official. 24 5. Expiration. 25 A zoning permit is valid for a period not to exceed six (6) 26months from the date of issuance. If construction of the improvement covered 27by the zoning permit has not commenced within this time period, the permit 28shall expire and be cancelled with written notice to the applicant. 29 6. Time Extension. 30 An extension of the permit for a period not to 31exceed 90 days may be requested in writing by the applicant if received by the 32Division prior to permit expiration. The fee for requesting a permit extension 33shall be approved by the City Commission and may be modified from time to 34time. 35 Section 6. Other Applications. 36 37 A. Certificate of Conformity. 38 39 1. General. 40 41 a. Purpose and Intent. 42 The purpose and intent of this subsection 43is to set forth a uniform procedure to excuse any existing 44nonconformance of a parcel due to the necessary expansion of an 45abutting right-of-way such as through eminent domain action by the City 46or other governmental entity. Any nonconforming parcel so created November 9, 2010 97 PLANNING AND ZONING DIVISION SERVICES 1shall be deemed a conforming parcel upon the issuance of a certificate of 2conformity as provided herein. 3 b. Applicability. 4 This subsection shall apply to all properties 5impacted by the necessary expansion of an abutting right-of-way. Site 6improvements and conditions, including nonconforming features and 7uses existing prior to the time of the road widening, shall not be affected 8by this subsection. This subsection alone shall not cause a specific use 9on a property impacted by roadway expansion to cease. 10 2. Submittal Requirements. 11 The applicant shall submit a letter 12indicating the details of the right-of-way expansion, along with the proposed site 13plan (in the number of copies specified by the Division). The site plan shall 14depict the following: 1) location of the ultimate right-of-way lines; 2) 15impervious surface (e.g. asphalt, concrete, etc.); and 3) configuration and 16dimensions of affected parking and landscaped areas. If the right-of-way 17expansion impacts either a landscape buffer abutting a right-of-way or a 18perimeter landscape buffer, then a revised landscape plan shall be required (in 19the number of copies specified by the Division). 20 3. Review Criteria. 21 The granting of a certificate of conformity shall be 22provided, contingent upon compliance with the following review criteria: 23 a.Safety. 24 The remainder parcel can reasonably and safely 25function after the completion of the roadway expansion. 26 b.Reduction in Development Standards. 27 If a reduction in the 28size of a lot causes a non-conformity with respect to the minimum 29required lot area, setbacks, off-street parking, landscaping, sign location, 30or other development regulations, the structure(s) on the property, the 31use(s) within the structure(s), and other site improvements may continue 32to exist in the configuration remaining after the condemnation, except 33that: 34 35(1) Access. The length of access ways shall not be less 36than 10 feet measured from the right-of-way, unless otherwise 37approved by the City Engineer; 38 39(2) Direction. Ingress and egress to and from the site 40shall be in a forward direction. No backing out onto a right-of- 41way is allowed pursuant to Chapter 4, Article VIII, Section 3.C; 42 43(3) Landscaping. In instances when off-street parking areas 44are exposed to public rights-of-way as a result of the roadway 45expansion, all properties shall provide a landscape strip abutting 46the subject roadway, to the maximum extent possible as deemed 47appropriate by the City. This requirement to have landscape November 9, 2010 98 PLANNING AND ZONING DIVISION SERVICES 1strips abutting rights-of-way is for the purpose of screening off- 2street parking areas, and is not construed to supplant or 3supersede the provision for sidewalks and other non-vehicular 4use areas. 5 c. Off-Street Parking Areas. 6 A structure or other site 7improvement may be enlarged or expanded if the enlarged or expanded 8portion meets the requirements of these regulations. In all instances, 9there shall be no reduction in required off-street spaces designated for 10physically disabled persons. Where off-street parking areas are reduced 11as a result of roadway widening, the following mitigating actions are 12encouraged: 13 14(1) The use of off-site parking in accordance with Chapter 4, 15Article V, Section 2.A.3; 16 17(2) Joint access and cross parking agreements in accordance 18with Chapter 4, Article V, Section 3.B; or 19 20(3) Shared parking agreements in accordance with Chapter 4, 21Article V, Section 3.C. 22 d. Damage and Restoration of Structures. 23 Structures and 24buildings that are nonconforming due to setback deficiencies as a result 25of a widening of a right-of-way, and which were issued a certificate of 26conformity, shall be allowed to restore or reconstruct the building or 27structure, but in accordance to what was approved in the original 28certificate of conformity. 29 f. Signs. 30 Any existing, legally established freestanding sign(s) 31located on the property, which become(s) nonconforming as a result of 32the roadway widening project, may be relocated elsewhere on-site, in 33compliance with the standards of this subsection, and with Chapter 4, 34Article IV of these Land Development Regulations. 35 g. Vacant Lots. 36 A vacant lot that is impacted by government 37action associated with roadway widening, to a size or configuration 38which is below the standards and requirements of the respective zoning 39district may be developed, but only in accordance with the 40nonconforming lot provisions of the supplemental regulations (Chapter 413, Article V, Section 11). Should the remainder of the vacant lot not 42qualify for development under the nonconforming provisions, the 43property will be considered a total taking and not eligible for 44development except in conjunction with an abutting lot. 45 h. Lot Combination. 46 Lot combinations are encouraged for the 47purposes of creating safer, more functional and aesthetically pleasing November 9, 2010 99 PLANNING AND ZONING DIVISION SERVICES 1developments and attaining a greater degree of compliance with code 2requirements. This subsection may apply to the combined lots whether 3or not they are owned by the same person. Combined lots may be 4considered as a single lot for the purposes of applying property 5development regulations, provided either a cross-parking or cross-access 6agreement is executed. The agreement shall be made in the form 7acceptable to the City Attorney and recorded in the official records of 8Palm Beach County. 9 4. Approval Process. 10 The Director of Planning and Zoning or designee 11shall review a complete application for a certificate of conformity and render a 12decision to issue or deny, within 30 days of receipt of such request, based upon 13the review criteria set forth in this subsection. 14 5. Expiration. 15 A certificate of conformity issued in accordance with this 16subsection shall automatically expire two (2) years from the date of issuance, 17unless redevelopment of the remainder parcel in accordance with the site plan 18has been completed within such two (2)-year period. 19 6.Time Extension. 20 An application for an extension of time in letter 21form may be submitted to the Director of Planning and Zoning or designee 22under the following circumstances: 1) substantial completion of the landscaping 23per the site plan has been achieved; or 2) the delay in compliance with the 24approved site plan has been through no fault of the owner of the remainder 25parcel. 26 27Under no circumstances shall the extension of time exceed one (1) year. The 28decision of the Director of Planning and Zoning shall be rendered within 30 29days of receipt of the letter requesting an extension of time. The decision of the 30Director of Planning and Zoning or designee may be appealed to the City 31Commission. For purposes of these appeals, no application fee shall be charged. 32 The City Commission may reverse the denial for an extension of time and 33impose a new completion date upon a finding that the remainder parcel owner's 34failure to complete the project is through no fault of his/her own. Any 35subsequent, additional request for an extension of time shall be submitted 36directly to the City Commission. The City Commission shall determine whether 37an additional extension of time will be granted. The City Commission shall use 38the criteria above to determine whether an additional extension of time will be 39granted. 40 B. Lot Line Modification. 41 42 1. General. 43The purpose and intent of this subsection is to set forth a 44uniform procedure for the reviewing of proposed changes to property 45boundaries. 46 November 9, 2010 100 PLANNING AND ZONING DIVISION SERVICES 2. Submittal Requirements. 1 The applicant shall submit a letter 2describing the proposed change, and include or attach any details of the affected 3property, including the site address and legal description. A survey, which 4clearly illustrates the proposed boundaries, dimensions, and easements, if any, 5shall be required. 6 3. Review Criteria. 7 All proposed lot line modifications and lot splits 8shall comply with all the regulations of the respective zoning district, including 9density, size, and frontage requirements, as described in Chapter 3 of these Land 10Development Regulations. In addition, the following shall apply: 11 a. 12 The modification to property boundaries do not result in the 13creation of more than two (2) lots; 14 b. 15The proposed modification may require the recording of 16additional easements to create access for utility infrastructure; 17 c. 18All newly created lots shall have no encumbrances on the subject 19property that would render the parcel(s) undevelopable; 20 d. 21The boundary changes shall not cause any structures on the 22affected properties to become nonconforming with respect to the 23minimum setbacks required by the zoning district or approving plat; and 24 e. 25 Approval of a master plan modification is a prerequisite to any 26proposed change in property boundaries within a planned development. 27 4. Approval Process. 28Staff shall review each request for lot line 29modification and lot split, and action will be taken by the appropriate 30administrative official. 31 C. Mobile Vendor Approval. 32 33 1. General. 34 35 a.Purpose and Intent. 36 The purpose and intent of this subsection 37is to set forth well-defined application processes, review criteria, and 38information to guide in the processing and review of mobile vending 39units (MVU) submittals. 40 b.Applicability. 41 This subsection is applicable to any MVU 42proposed on private property or within public rights-of-way in 43accordance with Chapter 3, Article V, Section 10. It shall be unlawful 44for anyone to operate an MVU in the City without first obtaining the 45necessary approvals as contained herein. D.APPLICATION 46REQUIREMENTS.Applications for a permit shall be filed at the 47Office of the Planning and Zoning Division of the City’s Department of November 9, 2010 101 PLANNING AND ZONING DIVISION SERVICES 1Development. Such application shall contain all the information 2required below, along with the current non-refundable fee, to qualify for 3the permit. A decision to issue a permit will be based on this 4information, other applicable ordinances, and other requirements as may 5be set forth herein. The applicant must satisfy the following 6requirements before a vending permit can be issued: 7 8a)Submit the name and home and business address of the applicant, 9and the name and address of the owner, if other than the applicant, of the 10vending or mobile vending unit to be used in the operation of the 11vending business. 12 13b)Submit written evidence of the approval for the vending site from 14the owner and/or tenant of the abutting property if the mobile vendor 15intends to be located on a public street or sidewalk. If the mobile 16vending site is located on private property, the applicant shall submit a 17copy of the property owner’s and/or tenant’s approval for said vending 18site. 19 20c)Submit a scale drawing (plot plan) showing the area to be used, 21along with applicable dimensions, plans and/or photographs detailing the 22design and size of the MVU to be used including all appurtenances and 23signage to be displayed. 24 25d)For vendors proposing to locate on property owned or controlled 26by the City of Boynton Beach, the applicant shall maintain in force, a 27comprehensive general and automobile liability insurance policy with a 28minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate 29for personal injury; and $1,000,000 per occurrence/aggregate for 30property damage. Said policies shall name the City of Boynton Beach as 31an additional insured and shall include a provision prohibiting 32cancellation of said policy except upon thirty (30) days prior written 33notice to the City. 34 35e)Evidence of state or county permits or other required approvals. 36 37f)For food vendors, the name and address of the commissary from 38which the vendor operates. 39 40g)Each vendor shall secure and maintain in force workers’ 41compensation insurance to statutory limits or a workers’ compensation 42waiver provided by the vendor’s insurance broker/agent. The vendor 43shall furnish the City’s Risk Management Department with a certificate 44of insurance prior to operating in the City. Said insurance companies 45must be authorized to do business in the State of Florida, and the City 46will not accept any company that has a rating less than B+ in accordance 47with A.M. Best’s Key Rating Guide, latest edition. The City reserves November 9, 2010 102 PLANNING AND ZONING DIVISION SERVICES 1the right to require additional types of insurance, or to raise or lower the 2stated limits, based upon identified risks. 3 2. Submittal Requirements. 4 See Section 1.D above for the submittal 5requirements of this application. Because of minimum separation requirements 6between each MVU, in those instances when more than one (1) application has 7been submitted for the same location, the earliest application shall be processed 8and forwarded to either the Planning and Development Board or the Community 9Redevelopment Agency, whichever is applicable. E.FEES.Each 10application for a street vending permit shall be accompanied by a two-hundred 11fifty dollar ($250.00) application fee. The application fee shall be non- 12refundable and in addition to, and separate from, the permit fee of fifty-dollars 13($50.00) per MVU and the fee for the business tax receipt, all of which shall be 14collected prior to the issuance of the permit. 15 3. Review Criteria. 16The MVU shall comply with the regulations and 17requirements of Chapter 3, Article V, Section 10. Site constraints and site plan 18functionality shall be satisfactorily addressed to justify the request. 19 4. Approval Process. 20 Staff shall review the proposed location and design 21of each MVU to ensure compliance with the review criteria contained herein, 22and provide a recommendation. The application is forwarded to the either the 23Planning and Development Board or Community Redevelopment Agency, 24whichever is applicable. The respective Board shall make a recommendation to 25the City Commission, and the City Commission shall take the following action: 261) approve; 2) approve with conditions; 3) table or defer their decision to a 27subsequent meeting in order to collect additional information or conduct further 28analyses; or 4) deny the request for an MVU. Once an MVU application is 29approved by the City Commission, a permit fee shall be paid by the applicant, 30and Business Tax Receipt received, prior to the operation of the MVU. F. 31PERMIT APPROVAL.The Board of the Community 32Redevelopment Agency (CRA) or the City’s Planning and Development Board 33(P&D) shall consider applications for a vendor’s permit at regularly scheduled 34meetings of the respective Board. The applicant shall be permitted to make a 35brief presentation of his or her application and may be questioned by the Board. 36 37In determining whether to issue a permit, the Board(s) shall consider the 38standards and requirements set forth in this ordinance and input from City staff, 39the applicant, and the general public. In addition, the Board(s) may impose such 40special conditions to the permit as they may deem necessary to assure 41compliance with this ordinance. In the event two or more applications are 42received for the same location, the earliest application, if approved, shall be 43awarded the location. Upon approval of the application by the respective Board, 44the permit shall become effective when the permit fee and business tax is paid. 45 5. Expiration. 46 Each approval for an MVU shall be effective for one (1) 47year, from October 1 until September 30, subject to annual renewal. G. November 9, 2010 103 PLANNING AND ZONING DIVISION SERVICES 1TERM OF PERMIT.All permits issued pursuant to this ordinance shall 2be effective as of the nearest first day of the month, regardless of the actual date 3of issue, and shall expire one year from the effective date thereof, unless sooner 4revoked in the manner provided in this ordinance. 5 6. Fees. 6 The annual renewal fees for an MVU shall be paid to the 7Business Tax Division in accordance with the fee schedule as adopted by the 8City. 9 10H.PERMIT RENEWAL.All permits issued pursuant to this 11ordinance may be renewed, unless the permittee is officially notified to the 12contrary by the City of Boynton Beach.A vendor applying for the renewal of a 13permit for a business that remains unchanged since the last application or 14renewal is required to pay the permit renewal fee only. Renewal must be 15requested 30 days prior to expiration. 16 7. Suspension. 17 Approval of an MVU may be temporarily suspended by the 18City under the following circumstances: 1) when necessary to clear sidewalk 19areas for a “community or special event” authorized by the City; 2) when street, 20sidewalk, or utility repairs necessitate such action; or 3) when the City may 21cause the immediate removal or relocation of all or parts of the MVU in 22emergency situations. 23 8. Denial or Revocation. 24 K.PERMIT REVOCATION OR 25DENIAL. The Boards shall have the power and authority to deny or revoke 26the issuance or renewal of any application for MVU under the provisions of 27these regulations. In such instances, the applicant shall be notified in writing by 28certified mail of the denial of an application or the suspension or revocation of 29an existing approval, and the grounds thereof. Upon such notification, the 30operation shall cease and desist until final action or outcome of the Board. An 31application approved under these regulations may be recommended for 32suspension or revocation by staff, based on one (1) or more of the following: 33 ThePlanning and Development Board and/or the Board of the 34Community Redevelopment Agency, respectively shall have the power and 35authority to revoke or deny either the issuance or renewal of any permit applied 36for or issued under the provisions of this ordinance. In such cases the applicant 37or permittee shall be notified in writing by certified mail of the denial of a 38permit application, or the suspension or revocation of an existing permit and the 39grounds thereof. Notwithstanding the foregoing, any permit issued under this 40ordinance may be suspended or revoked by City staff based on one or more of 41the following grounds: 42 a. Florida Department of Business and Professional Regulation. 43 44 a) Cancellation of the Vendor’s permit issued by the 45Division of Hotels and Restaurants of the Florida Department of 46Business and Professional Regulation. 47 November 9, 2010 104 PLANNING AND ZONING DIVISION SERVICES b. Expiration. 1 b) Expiration, suspension, revocation or 2cancellation of any other business tax receipt occupational license or 3permit required by the vendor. 4 c. Fraud. 5 c) The permit was procured by fraud or false 6representation of fact. 7 d. Consent. 8 d) The abutting property owner or tenant 9withdraws consent, in writing, for the mobile vending unit. 10 e. Violations. 11 e) Violations of this or any other ordinance, the 12City’s municipal code, or when conditions exist that present a threat to 13the public health, safety, or welfare. 14 f.Miscellaneous. 15 If determined to be noncompliant with the 16review criteria contained herein or otherwise inconsistent with the 17original approval, or changing conditions warrant the removal of the unit 18from the public sidewalk. 19 9. Appeal. 20 Applicants who have been denied a request for an MVU 21or who have had their approval revoked may formally appeal such denial or 22revocation to the City Commission in accordance with Chapter 1, Article 23VIII. Applicants who have been denied a permit and vendors who have had 24their permit revoked for any reason, may formally appeal, in writing, within ten 25(10) days of said denial or revocation, to the City Clerk for a hearing before the 26City Commission. Consideration of any appeal is at the discretion of the City 27Commission whose decision is final. 28 D. Modification to Development Order. 29 30 1. General. 31 32 a. Purpose and Intent. 33The purpose and intent of this subsection 34is to set forth a well-defined application process, review criteria, and 35uniform procedure for processing requests to amend, modify, or delete 36any condition of approval of a previously approved development order. 37 b. Applicability. 38 This application shall be applicable to any 39proposed amendment, modification, or deletion of any condition of 40approval of a previously approved development order. 41 2. Submittal Requirements. 42 The applicant shall submit a letter indicating 43the condition or conditions requested to be modified, a detailed explanation for 44the proposed modification to the condition(s), and thorough responses to the 45review criteria of Section 6.D.3 below. 46 November 9, 2010 105 PLANNING AND ZONING DIVISION SERVICES 3. Review Criteria. 1 The City Commission must find that the subject 2application meets the intent of the original condition, or that there are substantial 3mitigating factors, changing conditions, or new evidence that causes the 4condition to be unnecessary or burdensome. The following review criteria shall 5be used to justify an application for modification: 6 a. 7 Whether the proposed request would demonstrate consistency 8with the Comprehensive Plan. 9 b. 10 Whether the proposed request would not significantly detract 11from the livability or appearance of the City, and would be consistent 12with the established or desired character of the area or with the 13applicable Redevelopment Plan. 14 c. 15 Whether the proposed request would further the intent of the 16City’s environmental regulations, including the tree preservation 17ordinance. 18 d. 19Whether the proposed request would have an adverse impact on 20property values of abutting or adjacent land. 21 e. 22 Whether the proposed request would seriously reduce the quality 23or quantity of light and air available to adjacent properties. 24 f. 25 Whether the proposed request is necessary to further the 26objectives of the City to promote sustainability in development, 27economic development and business promotion, and / or the provision 28for affordable housing. 29 g. 30 Whether the proposed request meets the purpose and intent of 31these regulations but conflicts with another site development standard or 32requirement, including sustainable development and green initiatives; 33 4. Approval Process. 34 Staff shall review each application and provide a 35recommendation to the City Commission. The City Commission’s options shall 36include, but not be limited to the following: 1) approve; 2) approve with 37conditions; 3) deny; or 4) remand the item to the advisory board for a review 38and recommendation. When the targeted condition was originally recommended 39by an advisory board, such advisory board shall review the application first and 40provide a recommendation to the City Commission. 41 5. Expiration. 42 The approval of a modification to a development order 43shall remain valid as long as the corresponding application remains in effect. 44The approval of a modification does not extend the life of the corresponding 45application for whose the of the condition of approval of whose development 46order the subject request proposes to modify, amend, or delete. 47 November 9, 2010 106 PLANNING AND ZONING DIVISION SERVICES E. Sidewalk Café Approval. 1 2 1. General. 3 4 a.Purpose and Intent. 5 The purpose and intent of this subsection 6is to set forth a well-defined application process, review criteria, and 7uniform procedure for processing requests for sidewalk café approval. 8 b. Applicabilty. 9This subsection is applicable to any sidewalk café 10proposed on any sidewalk (within a public right-of-way) within the 11boundaries of the Community Redevelopment Agency (CRA), in 12accordance with Chapter 3, Article V, Section 9. It shall be unlawful for 13anyone to operate a sidewalk café without first obtaining the necessary 14approval. Sidewalk cafes shall be located only where permissible as 15prescribed herein. 16 c. Rules. 17For the purposes of this subsection, a “site plan” shall be 18construed to include either a new site plan or a major site plan 19modification. 20 2. Submittal Requirements. 21 See Section 1.D above for the submittal 22requirements of this application. 23 3. Review Criteria. 24Compliance with the regulations and limitations of 25a sidewalk cafe (see Chapter 3, Article V, Section 9). Review shall not continue 26on an application if it is determined that the property is the subject of any 27outstanding fines, monies, fees, taxes, or other charges owed to the City by the 28current or past owners or operators of the property requesting a sidewalk café 29permit. 30 4. Approval Process. 31 Staff shall review each request for a sidewalk café 32approval for compliance with the regulations of Chapter 3, Article V, Section 9 33and provide a recommendation to the CRA. The CRA shall take the following 34action: 1) approve; 2) approve with conditions; 3) deny; or 4) table the item until 35more information is collected. Site constraints and site plan functionality shall 36be satisfactorily addressed to justify the request. 37 4. Approval Process. 38 Staff shall review each request for sidewalk café 39approval for compliance with the regulations of Chapter 3, Article V, Section 9, 40and provide a recommendation. The application shall be forwarded to the 41Community Redevelopment Agency (CRA). The CRA shall make a 42recommendation to the City Commission, and the City Commission shall take 43the following action: 1) approve; 2) approve with conditions; 3) table or defer 44their decision to a subsequent meeting in order to collect additional information 45or conduct further analyses; or 4) deny the request for sidewalk café approval. 46Once a sidewalk café application is approved by the City Commission, a fee November 9, 2010 107 PLANNING AND ZONING DIVISION SERVICES 1shall be paid by the applicant and Business Tax Receipt received prior to the 2operation of the sidewalk cafe. 3 5. Expiration. 4 Each approval shall be effective for one (1) year, from 5October 1 until September 30, subject to annual renewal. 6 6. Fees. 7 The annual renewal fees for a sidewalk café shall be paid to the 8Business Tax Division in accordance with the fee schedule as adopted by the 9City. 10 7. Revocation or Suspension of Approval 11. The approval for a sidewalk 12cafe may be temporarily or permanently suspended by the City under the 13following circumstances: 14 a. 15 When it is necessary to clear sidewalk areas for a “community or 16special event” authorized by the City. 17 b. 18 When street, sidewalk, or utility repairs necessitate such action or 19in an emergency situation. 20 c. 21 Any necessary business or health permit, or the required 22insurance has been suspended, revoked or cancelled. 23 d. 24 Any current violation of the City Code, County Code, or State 25Law on the premises has been found. 26 e. 27 The operator exceeds the approved square footage by placing any 28additional tables, chairs, etc., beyond the approved area. 29 f. 30 Changing conditions of pedestrian or vehicular traffic causes 31congestion necessitating removal of the sidewalk café. Such decisions 32shall be based upon findings of the City that the minimum required 33pedestrian path is insufficient under existing circumstances and 34represents a danger to the health, safety or general welfare of pedestrians 35or vehicular traffic. 36 g. 37 The operator has failed to correct any violations of this article or 38conditions of approval within 24 hours of receipt of the City notice of 39same, delivered in writing to such operator. 40 8. Revocation or Suspension Process. 41 42 a. 43 The City shall serve, by certified mail or hand delivery to the 44address provided on the application, a written notice to the operator of 45the sidewalk café in those instances when the City believes the operator 46of the sidewalk café has engaged or is engaged in conduct warranting 47 suspension or revocation of the sidewalk café. The written November 9, 2010 108 PLANNING AND ZONING DIVISION SERVICES 1complaint shall cite the following elements: 1) the regulation and / or 2any ordinance that was, or is being violated by the operator; 2) the action 3the operator shall take or cease, in order rectify the violation, if any; and 43) a reasonable time period for which the operator can cure such 5violation. 6 b. 7 The operator shall be given adequate opportunity to request a 8review as provided herein, unless the City finds that an emergency 9condition exists, which poses serious danger to the public health, safety, 10morals, or welfare of the City; in which case, advance notice and hearing 11is not required. The licensee shall immediately be advised of the action 12taken by the City in the instances of an emergency suspension or 13revocation. 14 c. 15 In non-emergency suspension or revocation situations, staff shall 16place the request to suspend or revoke the approval of the sidewalk café 17on the CRA agenda within a reasonable timeframe. The recommendation 18of the CRA shall be placed on the same City Commission agenda as the 19other items from the same meeting. 20 d. 21 In emergency suspension or revocation situations, where prior 22approval is immediately suspended or revoked, a review of the 23operator’s request for re-instatement shall follow as soon as the agenda 24schedule allows. 25 e. 26 The decision of the City Commission shall be final. An applicant 27shall not be permitted to apply for another sidewalk café approval for a 28minimum of one (1) year following revocation by the City Commission. 29 f. 30 Any person or entity operating a sidewalk café without approval 31or any property owner allowing the operation of a sidewalk café without 32approval shall be subject to penalties as provided in Chapter 1, Article I, 33Section 7.A. 34 9. Appeal. 35 Any aggrieved party may appeal a final decision of the 36City Commission under this subsection by writ of certiorari as provided in 37Chapter 1, Article VIII. 38 39Section 17. Sidewalk café. 40 A. DEFINITIONS. The following words, terms and phrases, when used in 41this article, shall have the meanings ascribed to them in this section, except 42when the context clearly indicates a different meaning. 43 44 Permittee shall mean the lawful holder of a sidewalk café permit obtained 45pursuant to the terms and provisions of this article. 46 November 9, 2010 109 PLANNING AND ZONING DIVISION SERVICES 1 Right-of-way shall mean land in which the state, the Florida Department of 2Transportation, Palm Beach County or the City of Boynton Beach owns or has 3an agreement devoted to or required for use as a transportation facility or street. 4 5 Sidewalk shall mean that portion of the right-of-way which is located 6between the curbline or the lateral line of a street and adjacent property line and 7which is intended for use by pedestrians. 8 9 Sidewalk café shall mean the placing, locating, or permitting of the placing 10and locating of chairs and tables within the sidewalk area adjacent to a business 11licensed to operate as a restaurant or a nightclub as defined in the Code. 12 13 Street means that portion of a right-of-way improved, designed or ordinarily 14used for vehicular traffic or parking. 15 16 B. PERMIT REQUIRED. It shall be unlawful for any person to operate a 17sidewalk café abutting any sidewalk or public right-of-way within the city 18without obtaining a permit as required by this article. Sidewalk cafés shall be 19located only where permissible as prescribed herein. No person shall establish a 20sidewalk café abutting any sidewalk unless such person has obtained a valid 21permit for a sidewalk café pursuant to this article. 22 23 Thirty (30) days from the effective date of this article, any person or entity 24operating a sidewalk café without a permit or any property owner allowing the 25operation of a sidewalk café without a permit upon his/her/its property shall be 26subject to penalties as provided in this article. 27 28 C. GEOGRAPHIC LIMITATION. Sidewalk cafés shall be limited to the 29boundaries of Community Redevelopment Area zoning districts which allow 30restaurants or nightclubs, subject to any limitations or restrictions of the 31particular zoning district. 32 33 D. PERMIT FEE. 34 35 1. The annual permit fee for establishing or maintaining a sidewalk café 36shall be $3.75 per seat with a minimum charge of $93.00. 37 38 2. The permit fee shall be paid on or before October 1st and shall cover 39the time period from October 1st through September 30th of the following 40calendar year, provided, however, that for the 2001-2002 year; the fee shall be 41due and payable on or prior to operation and prorated for the year. No permit 42shall be issued for any fractional portion of the year; provided, however, that 43any person or entity operating a sidewalk café for a period beginning after April 441st, may obtain a permit for the remaining portion of the fiscal year upon 45payment of one-half of the permit fee required by this article. No refund of fees 46shall be allowed. 47 November 9, 2010 110 PLANNING AND ZONING DIVISION SERVICES 1 3. The permit fees collected pursuant to this section from sidewalk 2cafés located in the City of Boynton Beach shall be placed in the general 3revenue fund. 4 5 E. PERMIT APPLICATION. 6 7 1. Application for a permit to operate a sidewalk café shall be made at 8the Department of Development Office of Business Tax Receipts. Such 9application shall include: 10 11 a. Name, address and telephone number of the applicant. 12 13 b. Name and address of restaurant/night club. 14 15 c.A copy of a valid City of Boynton Beach business tax receipt to 16operate a restaurant or a nightclub adjacent to the sidewalk which is the subject 17of the application. 18 19 d. In the case of a new or newly renovated facility, a copy of a valid 20certificate of completion for the building frontage adjacent to the sidewalk 21which is the subject of the application. 22 23 e. Evidence of insurance containing terms required under section G. 24of this article. 25 26 f. A drawing to scale showing the layout and dimensions of the 27existing sidewalk area and adjacent private property, proposed location, size and 28number of tables, chairs, steps, trees, parking meters, bus shelters, sidewalk 29benches, trash receptacles, and any other sidewalk obstruction either existing or 30proposed within the pedestrian area. 31 32 g. Photographs, drawings or manufacturer's brochures fully 33describing the appearance of all proposed tables, chairs, umbrellas or other 34objects related to the sidewalk café. 35 36 h. Written approval by the building owner as to the proposed use of 37the sidewalk and building frontage for a sidewalk café. 38 39 i. A nonrefundable application fee of forty dollars ($40.00). 40 41 2. Applications shall be reviewed for compliance with city ordinances 42and must be approved by the CRA Board. Final approval shall be from the City 43Commission. 44 45 F. REQUIREMENTS OF A SIDEWALK CAFÉ PERMIT. 46 November 9, 2010 111 PLANNING AND ZONING DIVISION SERVICES 1 1. Sidewalk cafés shall be restricted to the private sidewalk frontage of 2the licensed restaurant or nightclub to which the permit is issued or within the 3private sidewalk frontage of the building where the validly licensed restaurant or 4nightclub are located. 5 6 2. Tables or chairs shall be located a minimum of five (5) feet from a 7pedestrian crosswalk or handicap ramp, bus stop shelter, bus stop sign, taxi 8stand, stop sign or fire-hydrant. 9 10 3. A clear pathway, parallel with the street, with a minimum width of 11four (4) feet, shall be maintained for through pedestrian traffic. This 12requirement must be consistent with the Landscape Code. 13 14 4. In areas of congested pedestrian activity, the City Commission is 15authorized to require a wider pedestrian path, as circumstances dictate. 16 17 5. Temporary objects, including landscaping, shall be permitted around 18the perimeter of an area occupied by tables and chairs in accordance with all 19other requirements of this section. 20 21 6. Tables, chairs, umbrellas, canopies, awnings, and any other objects 22utilized as part of the sidewalk café shall be of quality design, materials, size, 23elevation and workmanship both to ensure the safety and convenience of users, 24and to enhance the visual quality of the urban environment. Design, materials 25and colors shall be approved by the CRA Board and City Commission prior to 26the issuance of the sidewalk café permit. 27 28 7. Awnings, umbrellas and other decorative material shall be fire- 29retardant, pressure treated or manufactured, or fire resistant material. Signs on 30awnings, umbrellas, chairs, tables and any other fixtures which are placed on the 31public right-of-way shall be limited to the name of the principal use. Lettering 32may not exceed four (4) inches in height. 33 34 8. All tables, chairs, umbrellas, canopies, awnings, and any other 35objects as part of the sidewalk café shall meet the following minimum design 36standards: 37 38 a. Contribute to the aesthetic appearance of the area where the 39sidewalk café is proposed by promoting the design and color theme applicable to 40that area; 41 42 b. Contribute to the efforts of community identity and 43redevelopment; 44 45 c. Not constitute or create traffic or pedestrian hazards; and 46 47 d. Respect Community standards relative to decency and obscenity. November 9, 2010 112 PLANNING AND ZONING DIVISION SERVICES 1 2 9. Prior to forwarding the application to the CRA Board, the CRA 3Director or designee shall certify that there are no outstanding fines, moneys, 4fees, taxes or other charges owed to the City by the current or past owners or 5operators of the property requesting a sidewalk café permit. A sidewalk café 6permit will not be issued until all outstanding debts to the city are paid in full. 7 8 10. One (1) menu board only shall be permitted and limited to a 9maximum of four (4) square feet. The menu board location shall be shown on 10the permit. The menu board shall not be a sandwich sign. 11 12 11. Any food service establishment that qualifies under the conditions 13of this article may redesign the face of their establishment to allow for doors or 14panels that permit the establishment to have totally open sides allowing for an 15indoor/outdoor “café” design. These changes in the building can only be made 16after a proper building permit is issued, said changes otherwise comply with this 17Code, and all appropriate fees paid. 18 19 G. LIABILITY AND INSURANCE. 20 21 1. The permittee agrees to indemnify, defend, save and hold harmless 22the city, its officers and employees from any and all claims, liability, lawsuits, 23damages and causes of action which may arise out of this permit, or the 24permittee's activity on the premises by executing a written hold harmless 25agreement. 26 27 2. The permittee agrees to meet and maintain for the entire permit 28period, at his/her own expense, the following requirements: 29 30 a. Commercial general liability insurance in the amount of one 31million dollars ($1,000,000.00) per occurrence for bodily injury and property 32damage. The city must be named as an additional insured on this policy, and an 33endorsement must be issued as part of the policy reflecting this requirement. 34 35 b. Worker's compensation and employer's liability as required by the 36state. 37 38 c. All policies must be issued by companies authorized to do 39business in the state and rated B+: VI or better per Best's Key Rating Guide, 40latest edition. 41 42 d. The city must receive thirty (30) days written notice prior to any 43cancellation, nonrenewal or material change in the coverage provided. 44 45 e. The permittee must include in the application an original 46certificate of insurance as evidence that the above requirements have been met. November 9, 2010 113 PLANNING AND ZONING DIVISION SERVICES 1Failure to maintain these requirements shall justify a suspension or revocation of 2a sidewalk café permit by the city manager. 3 4 3. The permit period shall run and insurance requirements as described 5in subsection b. above shall be effective from October 1st until September 30th 6of the following calendar year. 7 8 H. SIDEWALK CAFÉ PERMITS. 9 10 1. Each permit shall be effective for one (1) year from October 1st until 11September 30th, subject to annual renewal. 12 13 2. The permit may be temporarily suspended by the City, when 14necessary to clear sidewalk areas for a “community or special event” authorized 15by a permit issued by the Leisure Services department. 16 17 3. The City may require the temporary removal of sidewalk cafés when 18street, sidewalk, or utility repairs necessitate such action. 19 20 4. The City and/or an authorized police officer of the City may cause 21the immediate removal or relocation of all or parts of the sidewalk café in 22emergency situations. 23 24 5. The City and its officers and employees shall not be responsible for 25sidewalk café components relocated during emergencies. 26 27 6. The permit shall be specifically limited to the area shown on the 28“exhibit” attached to and made a part of the permit. The City shall have the 29right to remove without notice, any tables, chairs or other objects not in the 30permit area. 31 32 7. The permittee shall act to assure that its use of the sidewalk in no 33way interferes with sidewalk users or limits their free unobstructed passage. 34The City may require relocation of tables, chairs and other objects at any time 35for safety or pedestrian flow consideration. 36 37 8. The sidewalk café shall be open for use by the general public, 38although such use may be restricted by the permittee to the patrons of the 39permittee. 40 41 9. Permittees holding a business tax receipt or certificate of use limited 42to take-out food shall not be permitted to provide table service on the sidewalk. 43This provision shall not include an ice cream shop or coffee bar which is duly 44licensed for eat-in service. 45 November 9, 2010 114 PLANNING AND ZONING DIVISION SERVICES 1 10. Tables, chairs, umbrellas, and any other objects permitted as part of 2a sidewalk café shall be maintained with a clean and attractive appearance and 3shall be in good repair at all times. 4 5 11. The sidewalk area covered by the permit and sidewalk and roadway 6immediately adjacent to it shall be maintained in a neat and orderly appearance 7at all times, and the area shall be cleared of all debris as needed during the day, 8and again at the close of each business day. 9 10 12. No signs other than those permitted herein shall be permitted in the 11public right-of-way. 12 13 13. No tables, chairs or any other parts of sidewalk cafés shall be 14attached, chained, or in any manner affixed to any tree, post, sign or other 15fixture, curb or sidewalk within or near the permitted area. No additional 16outdoor seating authorized herein shall be used for calculating seating 17requirements pertaining to location of, applications for, or issuance of liquor 18license for any establishment use area and/or seating capacity realized through 19the sidewalk café use and contiguous outdoor dining shall not invoke provisions 20of the zoning code as they pertain to parking or other matters, with the exception 21of capital facilities fees which will be assessed per seating. 22 23 14. The area between the exterior walls of a restaurant or a nightclub 24and the edge of sidewalk shall be designated as public space. The placement of 25tables and chairs in this public space shall not constitute a building improvement 26which otherwise triggers structural improvements to the operating business 27under the provisions of the Southern Building Code or any state statute. In the 28event an operator of a restaurant or a night club creates a sidewalk café pursuant 29to the terms of this section and such creation entails actual structural 30improvements to any portion of the structure other than the permanently 31obstructed ingress or egress to the restaurant or nightclub then, in that event, all 32applicable provisions of the Southern Building Code or state statutes 33necessitating improvements to the property shall apply. 34 35 15. No food preparation fire, or fire apparatus, shall be allowed on the 36public sidewalk, other than that employed in the course of ordinary tableside 37service, including but not limited to menu items which require table preparation, 38whether or not such area is covered by this permit. 39 40 16. Upon the issuance of a “Hurricane Warning” or “Hurricane Watch” 41by the authorities, the permittee shall forthwith remove and place indoors all 42tables, chairs, awnings and other equipment located on the sidewalk. 43 44 I. APPROVAL, DENIAL, REVOCATION OR SUSPENSION OF 45PERMIT; REMOVAL AND STORAGE FEES; EMERGENCIES. 46 1. Sidewalk café applications shall be reviewed with standards 47enumerated in this article. November 9, 2010 115 PLANNING AND ZONING DIVISION SERVICES 1 2 2. The approval of a sidewalk café permit is conditional at all times. A 3sidewalk café permit can be denied, revoked or suspended if: 4 5 a. Any necessary business or health permit has been suspended, 6revoked or cancelled. 7 8 b. Any current violation of the City Code, County Code or State 9Law on the premises has been found. 10 11 c. The permittee exceeds the approved square footage by placing any 12additional tables, chairs, etc., beyond the approved area. 13 14 d. Changing conditions of pedestrian or vehicular traffic causes 15congestion necessitating removal of the sidewalk café. Such decisions shall be 16based upon findings of the City CRA director that the minimum four-foot 17pedestrian path is insufficient under existing circumstances and represents a 18danger to the health, safety or general welfare of pedestrians or vehicular traffic. 19 e. The permittee has failed to correct any violations of this article or 20conditions of the permit within twenty-four (24) hours of receipt of the City 21notice of same delivered in writing to the permittee. 22 f. In the event the permittee fails to remove any tables, chairs, and 23other objects related to the sidewalk café within twenty-four (24) hours of 24receipt of the City notice of the denial, revocation or suspensions, the City may 25remove said objects. The permittee shall be responsible for the expenses 26incurred by the City for the removal and storage of said objects. 27 2. Upon approval or denial of the permit, the City shall give written 28notice of such action to the permittee. 29 30 3. Approval or denial of the permit by the CRA shall be placed on the 31next City Commission consent agenda for review. 32 33 4. Revocation or suspension shall be placed on the next CRA agenda 34and its decision placed on the next City Commission consent agenda for review. 35 36 5. If the CRA director believes that a permittee has engaged or is 37engaged in conduct warranting the suspension or revocation of the permit, he 38shall serve the permittee by certified mail or hand delivery, at the business 39address as disclosed in the application for the permit, a written notice of 40ordinance violation which affords reasonable notice of facts or conduct which 41warrant the intended action, and a reasonable time for the permittee to cure the 42violation. The complaint shall state what is required to be done to eliminate the 43violation, if any. The permittee shall be given adequate opportunity to request a 44review as provided herein, unless the city manager finds that an emergency 45condition exists involving serious danger to the public health, safety and 46welfare, in which case advance notice and hearing shall not be required. In the 47case of an emergency suspension or revocation, the licensee shall immediately November 9, 2010 116 PLANNING AND ZONING DIVISION SERVICES 1be advised of the city manager's action. In the event the permittee does not cure 2the violation within the reasonable time designated by the city manager, the case 3shall be placed on the CRA Board agenda. Final decision of the CRA Board 4shall be placed on the next City Commission agenda for review. In emergency 5suspension or revocation, a review as provided herein shall follow as soon as 6practicable. 7 8 6. Appellate provisions: Any aggrieved party may appeal a final 9decision of the City Commission under this chapter by writ of certiorari as 10provided in the Land Development Regulations Chapter 1, Article 7, Section 4. 11 F. Wireless Communication Facilities (WCF). 12 See Chapter 3, Article V, 13Section 13 for the regulations pertaining to the review process of WCF. 14 G. Zoning Verification. 15 16 1. General. 17The purpose and intent of this subsection is to set forth a 18uniform procedure for the processing of formal requests from the public for 19written information from the City on zoning and land development regulations 20(i.e. zoning verification) or other data associated with real property or the 21applicable process for development or redevelopment thereof. 22 2.Submittal Requirements. 23 The request shall be represented by a letter 24describing the desired information and must include any applicable details on 25the subject property, such as a legal description, site address, property owner, 26and the like. 27 3. Issuance of Zoning Verification Letter. 28 Staff shall review each request 29and provide a written response. 30 31Section 4. Review of zoning permits and for zoning verification. 32 33A. Scope. 34 35This section contains the procedures required for issuance of zoning permits and zoning verification letters. 36Zoning permits and verification reviews are required when a bulding permit is not required, when certain 37improvements are to be reviewed for compliance with applicable zoning regulation other standards within the 38city’s Code of Ordinances. Verification reviews may also be conducted research a request for written 39information regarding zoning or the City’s Land Development Regulations. 40 41B.Applicabilty. 42 43The following requests or improvements do not require a building permit but do require a zoning permit or 44verification. Such improvements or request include but may not be limited to the following: 45 461.Accessory buildings (limited to one) in conjunction with a principal residential structure/use and not 47exceeding 100 square feet, including open air structures such as gazebos, and chickee huts exempt from November 9, 2010 117 PLANNING AND ZONING DIVISION SERVICES 1building permit requirements based on exemption criteria of Florida Statutes (the size limitation does not apply 2to said chickee huts); 3 42.Animal enclosures; 5 63.Fences on residential property (single-family, two-family, and single-family attached if fee-simple 7ownership) up to 6 feet high (unless used as a barrier around a pool, spa, or rooftop equipment); 8 94.Impervious surfaces such as driveways, patios and sidewalks, regardless of surface material (pavers, 10asphalt, concrete), excluding required handicapped accessible routes, reinforced concrete pads connecting with 11an existing building to be used as a slab for future building additions, and framed decking improvements. The 12addition of all such impervious improvements that exceed 800 square feet must comply with Chapter 6, Art IV, 13Sec.5.A.4. of these Land Development Regulations; 14 155.Temporary signs (less than 32 sq ft and 6 feet high) and temporary banners/fabric signs; 16 176.Sign refacing (only changing sign copy); 18 197.Minor landscape modifications (including modification of existing irrigation systems no involving 20electrical wiring); and 21 228.Request for written verification of zoning district or application of Land Development Regulations in 23general or to a specified property. 24 25Any improvement that also includes any electrical, plumbing, or other elements that are subject to the Florida 26Building Code, shall require a building permit and the review that would have been conducted as part of the 27zoning permit process will occur as part of the review of the building permit. 28 29C.Administration. 30 31The Planning & Zoning Director or designee is responsible for the administration of the zoning permit and 32verification processes, including the coordination with other departments or divisions that would participate in 33said reviews. 34 35D.Application requirements, process and fees. 36The minimum filing requirements and processes for verification application review and certification of 37completion shall be established by the Planning & Zoning Division. All applications required by this section 38shall be available in the Planning & Zoning Division and through the city's web site. Fees required for 39processing requests described in this section shall be approved roved by resolution and are modified from time 40to time. 41 42E.Expiration of zoning permits. 43A zoning permit is valid for 6 months from the date of issuance, excluding temporary signs and banners. If 44construction of the improvement covered by the zoning permit has not commenced within () months from the 45date of issuance. the zoning permit shall expire and be cancelled with written notice to the applicant. An 46extension of the permit for a period up to 60 days may be requested in writing by the applicant if received by November 9, 2010 118 PLANNING AND ZONING DIVISION SERVICES 1the Division prior to permit expiration. The fee for requesting a permit extension shall be approved by the City 2Commission and may be modified from time to time. 3 4 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 2 Land Development Process\Final\Amended\Article II Planning and Zoning Division Services.doc November 9, 2010 119 ENGINEERING DIVISION SERVICES ARTICLE III. ENGINEERING DIVISION SERVICES 1 2 Section 1. General. 3 4 A. Purpose and Intent. 5The purpose of this article is to set forth uniform and well- 6defined procedures for each application processed by the Engineering Division. Each 7application is intended to ensure that: 8 1.Compliance. 9 Development and construction-related activities within 10the City are consistent with all land development regulations, the Engineering 11Design Handbook and Construction Standards (EDHCS), and all other 12applicable standards and requirements set forth by the City or other public 13entities having jurisdictional responsibility. 14 2.Public Purpose. 15 Development and supportive facilities and 16services further the public health, safety, appearance, and general welfare; and 17 3.Compatibility. 18 Development infrastructure and construction- 19related activities are compatible and coordinated with existing and anticipated 20development in the immediate area surrounding the site. 21 B. Administration. 22 The City Engineer or designee shall be responsible for the 23overall coordination and administration of land development applications within this 24article. 25 C. Preapplication Conference. 26 A preapplication conference with the Engineering 27Division is encouraged for each application or construction-related activityies regulated 28by this article prior to the preparation and submission of such application. 29 D. Completeness. 30 An application will be processed by the Engineering 31Division when it is deemed complete, including all related submittal documents. Please 32note that the City Engineer or designee may rule that certain required items may be 33excluded from the submittal, and the finding of an application “complete” shall not 34constitute a determination of compliance with the substantive requirements of City or 35State regulations, or any other applicable codes. 36 E. Fees. 37 Fees shall be paid when each application is submitted to the Engineering 38Division and in the amount as adopted from time to time by the City Commission. 39 F. Terms and Definitions. 40See Chapter 1, Article II for all applicable terms 41and definitions which pertain to the applications and processes contained herein. 42 Section 2. Subdivision and Platting. 43 44 A. General. 45 46 1. Purpose and Intent. 47 The purpose and intent of this subsection is to 48implement the goals, objectives, and policies of the Comprehensive Plan, by August 18, 2010 1 ENGINEERING DIVISION SERVICES 1setting forth uniform and well-defined application processes, and information to 2guide in the review of the subdivision and platting of real property. 3 2. Applicability. 4 The regulations set forth in this subsection shall 5apply as follows: 6 a. General Requirements. 7 No property shall be platted, 8recorded, sold, or any land development permit be issued by the City 9unless the subdivision or lot-line modification meets all the applicable 10laws of the State of Florida and has been approved in accordance with 11the requirements of these land development regulations. These 12requirements or regulations are not intended to repeal, abrogate, annul, 13or in any way, impair or interfere with private restrictions placed upon 14property by deed, covenant, or private agreement, except that where this 15subsection imposes higher standards than imposed by such deeds, 16covenants, or private agreements, then the provisions of this subsection 17shall apply. The City shall not be responsible for enforcement of such 18deeds, covenants, or agreements. Unless otherwise exempt from this 19subsection, all subdivision of land is subject to the platting requirements 20contained herein. Preliminary parcel layout and improvements are 21shown in the preliminary plat, while the final plat indicates the legal 22subdivision of land subject to Florida Statutes. To obtain approval for a 23development in the City of Boynton Beach, the developer shall submit 24both a preliminary plat and a final plat to the City Engineer, and shall 25notify the Director of Planning and Zoning of same. No final plat of any 26subdivision shall be recorded in the Office of the Clerk of the Court of 27Palm Beach County until the subdivision or other subject change has 28been duly approved by the City in the manner prescribed herein. No 29division of land through a lot-line modification shall be recorded in the 30Palm Beach County Property Appraiser’s Office until after the City has 31approved the application. All final plats and applications for lot-line 32modifications shall be recorded in the Office of the Clerk of the Circuit 33Court of Palm Beach County. 34 b. Unlawful Sale or Transfer of Property. 35 It shall be unlawful 36for a property owner or agent to sell, transfer, or convey ownership of a 37subdivision plat if such subdivision plat has not been formally approved 38by the City and recorded with the Palm Beach County Clerk or the 39Circuit Court. The owner or agent shall be guilty of a misdemeanor of 40the first degree, punishable as provided by Florida Statutes if such 41unlawful use is made of a plat prior to it being formally approved by the 42City and properly recorded with the Palm Beach County Clerk or Circuit 43Court. 44 c. Building Permits Subject to Final Plat or Lot Line 45 Modification Approval. 46 Unless otherwise determined by the City 47Engineer, no building permit shall be issued and no City service may be August 18, 2010 2 ENGINEERING DIVISION SERVICES 1rendered until a final plat or lot line modification has been approved by 2the City and properly recorded as contained herein. 3 4 d. Creation of Subdivision by Joint Owners of Land. 5 6Where it may subsequently become evident that a subdivision is 7being created by the recording of deeds by metes and bounds description 8of tracts of land, the City may, at its discretion, require all the owners 9involved to jointly file a plat of the subdivision being so created or 10require all owners of record to jointly conform to the applicable 11provisions of this article as are requisite for the issuance of building 12permits or the furnishing of any City service. 13 e. Deeds, Covenants, and Other Private Restrictions. 14 15 These regulations are not intended to repeal, abrogate, annul, or 16in any way, impair or interfere with private restrictions placed upon 17property by deed, covenant, or private agreement, except that where this 18Article imposes higher standards than imposed by such deeds, 19covenants, or private agreements, then the provisions of this subsection 20shall apply. The City shall not be responsible for enforcement of such 21deeds, covenants, or agreements. 22 3. Lot Line Modification. 23A lot line modification shall be required 24when a property owner or agent desires to subdivide real property and the City 25Engineer determines that platting and replatting is not required. In these 26instances, approval of a lot line modification is required from the Planning and 27Zoning Division in accordance with Chapter 2, Article II, Section 6.B in order to 28ensure compliance with all development regulations. 29 B. Preliminary Plat. 30 31 1. General. 32 33 a.Purpose and Intent. 34 The purpose of a preliminary plat is to 35provide adequate and necessary descriptive information regarding the 36proposed subdivision, dividing, and platting of real property in order to 37facilitate an expeditious final platting process. The intent is to set forth 38uniform and well-defined application processes, and information to 39guide in the thorough and timely review of the preliminary plat 40application. 41 b.Applicability. 42 No person, firm, corporation or any other 43association shall combine lots, tracts, or parcels of land for development 44purposes, or to subdivide a tract of land except in conformity with this 45chapter. No development or subdivision shall be platted or recorded, or 46any building permit or land development permit be issued, unless such 47subdivision or development meets all the provisions of this chapter and August 18, 2010 3 ENGINEERING DIVISION SERVICES 1those of any applicable Florida Statutes, unless a waiver of platting has 2been issued in accordance with Section 5 below. 3 c.Prerequisite to the Preliminary Plat. 4 Pursuant to Chapter 52, Article II, Section 2.D.6., master plan approval shall be required prior 6to the consideration of any proposed platting or replatting of a planned 7zoning district. 8 2. Submittal Requirements. 9 A written request shall be submitted to the 10City Engineer and accompanied by four (4) copies of the preliminary plat, 11conceptual, or phasing plan. The conceptual or phasing plans shall have the 12same level of detail as that typically shown on a “master plan” or “site plan” as 13described in Chapter 2, Article II and the definitions (Chapter 1, Article II). In 14addition, the preliminary plat, conceptual plan, or phasing plan, whichever is 15submitted, shall illustrate ingress-egress locations / easements, landscape 16easements, limited access easements, storm drainage easements, utility 17easements, etc. and all other applicable conditions of approval (COA) attached 18to the Development Order (DO) that were issued by the City Commission upon 19master plan and site plan approval. 20 3. Review Criteria. 21The preliminary plat shall meet requirements of 22the final plat, except that it shall be submitted without the required signatures 23and seals. It may also be submitted without maintenance and use covenants, 24condominium documents, deeds, or other legal documents not related to the 25survey or engineering design of the project. 26 4. Approval Process. 27 The City Engineer or designee shall review the 28preliminary plat application to ensure that it complies with the requirements of 29Section 2.B.3 above. 30 C. Final Plat. 31 32 1. General. 33 34 a. Purpose and Intent. 35 The purpose of this subsection is to 36provide a procedure for preparing plat documents consistent with 37development regulations of the City and to create documentation of 38physical characteristics of land proposed for development within the 39City. 40 b. Applicability. 41No person, firm, corporation or any other 42association shall combine lots, tracts, or parcels of land for development 43purposes, or to subdivide a tract of land except in conformity with this 44chapter. No development or subdivision shall be platted or recorded, or 45any land development or building permit be issued, unless such 46subdivision or development meets all the provisions of this chapter and 47those of any applicable Florida Statutes, unless a waiver of platting has 48been issued in accordance with Section 5 below. August 18, 2010 4 ENGINEERING DIVISION SERVICES 1 2All developments or redevelopments that are subject to the requirements 3of this article shall require a plat prepared by a registered land surveyor 4and mapper in compliance with this chapter and the requirements of all 5provisions of Florida Statutes. Depending on the characteristics of the 6development, the platting requirements would be satisfied by the 7approval of one (1) of the following types of plats: 8 9(1)Boundary Plat. "Boundary Plat" is 10generally used when assembling multiple parcels of land, tracts 11or lots into a single parcel for development purposes. Project 12types would include rental apartments, public facilities, shopping 13centers, and industrial developments where "unity of title" 14ownership is required. A boundary plat may be submitted when 15portions of an existing subdivision or parcels of land being 16assembled to create a single developable property are of such 17simplicity or are surrounded by such development as to justify 18the waiving of the requirements for preparing a full replat. For 19the sole purpose of determining application fees, a boundary plat 20submittal shall be considered a pre-application submittal. All 21provisions of FS 177 and this Land Development Regulation 22shall fully apply to every boundary plat including, but not 23limited to, those tangible improvements required in Chapter 4, 24Article VIII (Roadways, Utilities, and Infrastructure Design 25Standards) not already in place. 26 27(2) Record Plat.A "Record Plat" is generally used when 28land assembly or subdivision would ultimately yield multiple 29parcels under individual ownership. Project types would include 30single-family subdivisions, townhome developments, 31condominiums, retail centers, or office-warehouse and similar 32developments. 33 c. City Engineer Determination 34. Other types of plat 35documents may be applicable to a new development. The City Engineer 36shall review those cases to determine which platting process is 37appropriate. However, a new boundary survey for any replat is required 38when the replat affects any boundary of the previously platted property 39or when improvements which may affect the boundary of the previously 40platted property have been made on the lands to be replatted. 41 d. Exemptions to Platting. 42 43 44(1) Eligibility. A waiver of the platting requirement may 45be considered when the land is to be divided into no more than 46two (2) contiguous lots and no more than three (3) regularly 47shaped areas are to be dedicated to the City of Boynton Beach 48(easements, tracts, parks, rights-of-way, etc.) and because: August 18, 2010 5 ENGINEERING DIVISION SERVICES 1 2(a)Unusual conditions are created by ownership or 3development of adjacent lands; 4 5(b) The land concerned is isolated or remote in its 6relationship to other platted or improved lands; or 7 8(c) The improvements and dedications existing on 9the land are substantially in accordance with the 10requirements of this chapter and if the waiving of the 11requirements for platting would not conflict with the 12purpose and intent of this chapter. 13 14(2) Requirements in Lieu of Platting. If platting is not 15required, a certified survey shall be submitted to the City 16Engineer, who may require deeded rights-of-way and easements, 17reservations or improvements required in connection with 18platting under this chapter, including the posting of surety to 19carry out the intent and purpose of this chapter. 20 e. Substitutions to Platting. 21The submission of a master plan 22for a boundary plat may be waived at the option of the City Engineer. 23 f. Prerequisite to Platting. 24Approval of a master plan shall be 25required prior to the consideration of any proposed platting or replatting 26in instances when rezoning to planned developments (as defined by 27Chapter 1, Article II). See Chapter 2, Article II, Section 2.D.6 for the 28regulations pertaining to the master plan application process. Master 29plan review shall not be required when rezoning lands to conventional 30residential zoning districts. 31 2. Submittal Requirements. 32Upon filing an application for final plat 33approval, the developer shall pay the applicable fee as adopted by resolution of 34the City Commission from time to time to help defray the cost of processing the 35final plat review. The final plat shall conform to the corresponding approved 36master plan. Failure to submit the final plat within six (6) months from the date 37of application shall require submittal. The submittal package for final plat shall 38include the following: 39 a. Final Plat. 40 Six (6) copies of the final plat, drawn or printed 41on 24” x 36” line and one (1) chronoflex, mylar, or other approved time 42stable material. The final plat shall be prepared by a professional 43surveyor and mapper currently registered in the State of Florida, and is 44to be clearly and legibly drawn with black permanent drawing ink or 45veritype process to a scale of not smaller than one (1) inch equals 100 46feet, or as otherwise determined by the City Engineer; 47 August 18, 2010 6 ENGINEERING DIVISION SERVICES b. Construction Plans. 1 Four (4) sets of the construction plans, 2which shall be reviewed for technical compliance, along with approved 3health department permits for sewer and water, in accordance with city 4requirements; 5 c. Surety. 6Surety guaranteeing that all work required 7whether public or private will be completed in full accordance with the 8plat and approved construction plans; with all development conditions 9attached thereto; and with the Boynton Beach Land Development 10Regulations. Surety for required utility system improvements shall be 11coordinated directly with the Utilities Department, whether they will 12remain private or conveyed to the City upon completion of their 13construction. Surety shall be in substantially the form and amount 14delineated in Section 6 below; 15 16Restoration surety in compliance with Section 6 below in the amount of 17110% of the engineer's certified cost for restoring the site to its original 18condition including, but not limited to, repair of access/haul routes; seed; 19sod; landscaping; drainage and utilities; 20 d. Maintenance Agreements. 21 A copy of the property owner’s 22association documents, if applicable, shall be required. These 23documents shall indicate the maintenance responsibility for street 24lighting and shall provide for the formation of a special taxing district to 25assume maintenance responsibility for the street lighting system in the 26event of the dissolution of the property owners association; 27 e. Legal Documents. 28Supplementary material as required by the 29office of the City Engineer, i.e. deeds, easements, etc., when access, 30drainage, or utility services cannot be accomplished through platted 31rights-of-way deeds or easements to accomplish access, drainage or 32utility service; 33 f. Fees. 34 Upon filing application for final plat approval, the 35developer shall pay a processing fee, and an administrative fee equal to a 36percentage of the estimated cost of construction of improvements. Said 37fee shall be as adopted by resolution of the City Commission, and shall 38be paid in full prior to placing final plat approval on a City Commission 39agenda; and 40 g. Miscellaneous. 41 Failure to submit the final plat to the City 42Engineer within six (6) months from the date of application shall require 43resubmittal. 44 3. Review Criteria. 45The final plat shall be drawn or printed on linen, 46chronoflex, mylar, or other approved time stable material and sized 24 inches by 4736 inches. The final plat shall be prepared by a professional surveyor and 48mapper currently registered in the State of Florida, and is to be clearly and August 18, 2010 7 ENGINEERING DIVISION SERVICES 1legibly drawn with black permanent drawing ink or veritype process to a scale 2of not smaller than one (1) inch equals one hundred 100 feet, or as otherwise 3determined by the City Engineer. The final plat shall be prepared in accordance 4with the provisions of Chapter 177, Florida Statutes, as amended, and shall 5conform to the following additional requirements: 6 a. Index. 7When more than a single sheet must be used to accurately 8portray the lands being developed or subdivided, the first sheet shall 9contain an index plus a map showing the entire development delineating 10the number of the sheet where each portion is shown. Each sheet must 11show the particular number of that sheet, the total number of sheets 12included and clearly labeled matchlines to show where other sheets 13match or adjoin. 14 b. Name of Development. 15 The plat shall have a title or name 16acceptable to the City. When the plat is a new development, the name of 17the development shall not duplicate nor be phonetically 18similar to the name of any existing or approved development. When 19the plat is an addition to a recorded subdivision, it shall carry the same 20name as the existing subdivision and labeled as an addition. 21 c. Private Streets and Related Facilities. 22 All streets and their 23related facilities designed to serve more than one property owner shall 24be dedicated to public use; however, private streets shall be permitted 25within property under single ownership such as a property owners' 26association, and shall be constructed in accordance with design 27requirements of public streets. Where private streets are permitted, 28ownership and maintenance association documents shall be submitted 29with the final plat and the dedication contained on the plat shall clearly 30dedicate the roads and maintenance responsibility to the association 31without recourse to the city or any other public agency. The rights-of- 32way and related facilities shall be identified as tracts for road purposes 33under specific ownership. 34 d. Title. 35The plat shall have a title printed in bold legible letters 36containing the name of the development; the name of the city, county 37and state; the section, township and range as applicable and if the plat is 38a replat, amendment or addition to an existing development or 39subdivision, it shall include the words "section, unit, replat, amendment, 40etc.". All plats for planned developments shall be identified as to the 41type of development being platted. For example, all planned unit 42developments shall contain "P.U.D." within the title; all planned 43commercial developments shall contain "P.C.D." within the title; all 44planned industrial developments shall contain "P.I.D." within the title; or 45any combination thereof shall be identified within the title of the plat. 46 e. Description. 47 Each plat shall show a full and detailed boundary 48description of the land embraced in the plat. The plat must be so August 18, 2010 8 ENGINEERING DIVISION SERVICES 1complete that the starting point can be determined and the boundaries 2run without reference to the map. 3 f. Dedications, Certifications, and Approvals. 4 The plat 5shall contain on the face or first page the following certifications and 6approvals, acknowledged as required by law, all being in the form set 7forth herein. 8 9(1) Dedications. The purpose of all reserved areas shown 10on the plat shall be defined in the dedication. All areas reserved 11for use by the residents of the development shall be so 12dedicated. All areas reserved for public use, such as parks, 13rights-of-way for roads, streets or alleys, shall be so dedicated; 14easements for utilities, rights-of-way and easements for 15drainage purposes and any other area, however designated, 16shall be dedicated by the owner of the land at the time the plat is 17recorded. When the owner is a corporation, the dedication shall 18be signed on behalf of the corporation by the president or vice- 19president and the secretary or assistant secretary, respectively, as 20set forth in paragraph “(2)” below. 21 22(2) Mortgagee's Consent and Approval.All mortgages along 23with the mortgagee's consent and approval of the dedication are 24required on all plats where mortgages encumber the land to be 25platted. The signature(s) of the mortgagee(s) must be witnessed 26and the execution must be acknowledged in the same manner as 27mortgages are required to be witnessed and acknowledged. In 28case a mortgagee is a corporation, the consent and approval shall 29be signed on behalf of the corporation by the president or vice- 30president and the secretary or an assistant secretary, respectively, 31by and with the authority of the board of directors. 32 33(3) Certification.The plat shall contain the signature, 34registration number and official seal of the surveyor and mapper 35certifying that the plat complies with Chapter 177, Florida 36Statutes, as amended, and this ordinance. When plats are 37recorded and improvements are to be accomplished under surety 38posted as provided for by this ordinance, the required 39improvements and surety shall include P.C.P.'s. 40 41(4) City Approval. The plat shall be reviewed 42for conformity to F.S., Ch. 177, as amended, by a professional 43surveyor and mapper, either by or under contract to the city, and 44evidence of this review shall be shown on the plat. The plat 45shall also contain the approval and signature block and date for 46the mayor and the City Engineer with the acknowledgment and 47signature of the city clerk. 48 August 18, 2010 9 ENGINEERING DIVISION SERVICES 1(5) County Approval. The plat, when required by the 2City Commission, shall also contain the date of approval of the 3board of county commissioners; the signature block of the 4chairman of the board; the signature block of the county 5engineer; and the acknowledgment and signature block of the 6clerk of the circuit court. 7 8(6) Certification of Title. A title certificate shall be 9contained on the face of the first page of the plat. The title 10certificate shall state: 11 12(a) That the lands as described and shown on the plat 13are in the name, and that apparent record title is held by 14the person, persons or organizations, executing the 15dedication; 16 17(b) That all taxes have been paid on said lands as 18required by F.S., § 197.192, as amended; and, 19 20(c) All mortgages on the land and indicate their 21official record book and page number. 22 23The title certification must be an opinion of an attorney-at-law 24licensed in Florida, or the certification of an abstractor or a title 25insurance company licensed in Florida. 26 g. Survey Data. 27 The final plat shall show the length of all arcs 28together with central angles, radii, and points of curvature including, but 29not limited to, block corner radii. Sufficient survey data shall be shown 30to positively describe the boundary of each lot, block, right-of-way, 31easement and all other areas shown on the plat and all areas shall be 32within the boundary of the plat as shown in the description. The survey 33data contained on the plat shall also include: 34 35(1) The scale, both stated and graphically illustrated, shall be 36shown on each sheet. 37 38(2)A prominent North arrow shall be drawn on every sheet 39included showing any portion of the lands subdivided. The 40bearing or azimuth reference shall be clearly stated on the face of 41the plat in the notes or legend. 42 43(3) The point of beginning shall be boldly shown together 44with the letters P.O.B. in bold letters. 45 46(4) All intersecting street lines shall be joined to form 47required safe sight corners pursuant to city standards, and all 48dimensions shall be shown. August 18, 2010 10 ENGINEERING DIVISION SERVICES 1 2(5) All adjoining property shall be identified by a 3subdivision name, plat book and page or, if unplatted, the land 4shall be so designated. 5 6(6)Permanent reference monuments shall be shown in the 7manner prescribed by F.S. Ch. 177, as amended. All information 8pertaining to the location of "P.R.M. s" shall be indicated in note 9form on the plat. Permanent Control Points and Permanent 10Reference Monuments shall be designed and set as prescribed by 11F.S. Ch. 177, as amended. 12 13(7) A space, sized three (3) inches by five (5) inches, shall be 14reserved in the upper right corner on each plat sheet for the 15purposes of recording information by the Clerk of the Circuit 16Court. 17 18(8) The map shall mathematically close within one 19hundredth (.01) of a foot, and shall be accurately tied to all 20township, range and section lines occurring within the 21subdivision by distance and bearing. In addition, the initial point 22in the description shall be accurately tied to the nearest quarter 23section corner, section comer or government corner. 24 25(9)The initial point in the description shall be accurately tied 26to the nearest quarter-section corner or government corner. Each 27government corner being used shall be identified. If the 28development being platted is a re-subdivision of a previously 29recorded subdivision, then a tie to a Permanent Reference 30Monument from the parent plat is sufficient. If the development 31is a re-subdivision of a part of a previously recorded subdivision, 32sufficient ties to controlling lines appearing on the parent plat 33must be provided to permit an overlay. The position and 34orientation of the plat shall conform to the Florida State Plan 35Coordinate System in the manner established by the City 36Engineer and prescribed in the Engineering Division's Design 37Handbook and associated forms. 38 39(10)The cover sheet or first page of the plat shall show a 40vicinity sketch, showing the subdivision's location in reference 41to other areas of the city. 42 43(11) A complete legend of abbreviations shall be shown. 44 45(12)All lettering on the plat shall be at a minimum 0.10 of an 46inch in height. 47 August 18, 2010 11 ENGINEERING DIVISION SERVICES 1(13) The plat boundary and all parcels shown on the 2development or subdivision plats intended to be conveyed in fee 3title shall be delineated by solid lines. 4 5(14) Lines intersecting curves shall be noted as radial or non- 6radial as the case may be. 7 8(15) A note addressing any abandoned underlying lands or 9easements, including record information, shall be shown. 10 11(16) Tabulation of survey data: 12 13(a) The use of tangent tables is not permitted. 14However, at the discretion of the City Engineer on a case 15by case basis, the use of a tangent table to reflect corner 16clip (safe sight) chords may be permitted if deemed 17necessary to meet requirements of neatness and clarity of 18the plat. Scale factors shall not be considered. Such 19tables, when permitted, must appear on the map sheet to 20which they refer and tangents shall be numbered 21consecutively through the entire presentation. 22 23(b) Curve data may be tabulated subject to the 24following conditions or exceptions: 25 26(i) External boundary or centerline curve 27data may not be tabulated. 28 29(ii) Where data is tabulated, a minimum of 30the delta angle, radius and arc length and the 31curve designation number or letter will be shown 32on the plat. 33 34(iii) Curve tables reflecting the tabulated data 35will appear on the map sheet on which the curves 36appear. 37 h. Lot and Block Identification. 38Each lot and block shall be 39numbered or lettered. All lots shall be numbered or lettered by 40progressive numbers or letters individually throughout the subdivision or 41progressively numbered or lettered in each block. Blocks in each 42incremental plat shall be numbered or lettered consecutively throughout 43a subdivision. 44 i. Street Names. 45 The plat shall contain the name of each 46street shown on the plat. Proposed streets which are 47in alignment with other existing and named streets shall bear the same 48name of the existing street. In no case, except as indicated in the August 18, 2010 12 ENGINEERING DIVISION SERVICES 1preceding sentence, shall the name of the proposed street, excluding a 2numerical system, duplicate or be phonetically similar to existing street 3names, regardless of the use of the modifier "street," "avenue," 4"boulevard," "drive," "place," "court," etc. 5 j. Excluded Parcels. 6 Where an excluded parcel is completely 7surrounded by areas included within the plat, sufficient easements or 8right-of-way to provide necessary access, utilities, and drainage to the 9excluded parcel shall be provided. No strip or parcel of land shall be 10reserved by the owner unless the same is sufficient in size and area to be 11of some particular use or service. The intended use of all reserved areas 12shall be shown on the plat in note form on the cover sheet. 13 k. Easements. 14 All plats shall show easements, including but not 15limited to landscape easements, limited access easements, storm 16drainage easements, utility easements, etc. 17 18The plat shall contain a statement that no buildings or structures shall be 19placed within easements. Easements for proper drainage shall be 20provided where necessary at a width adequate to accommodate the 21drainage facilities. A minimum width of 12 feet shall be provided for 22underground storm drainage installations. Where canals or ditches are 23permitted, the width shall be adequate to accommodate drainage 24facilities plus 20 feet on one (1) side to permit equipment to enter for 25maintenance purposes. 26 27Easements for supporting utility systems shall also be provided where 28necessary at a width adequate to accommodate their depths. A minimum 29width of 12 feet shall be provided for these systems. Where sanitary 30sewer systems are greater than five (5) feet in depth, the minimum utility 31easement width shall be twice the greatest depth point on any link 32segment plus two (2) feet in order to access the system during any 33servicing required task. 34 l. Reservations and Restrictive Covenants. 35 Restrictions 36pertaining to the type and use of water supply; type and use of sanitary 37facilities; use and benefits of water areas, canals and other open spaces; 38odd-shaped and substandard parcels; restrictions controlling building 39lines; establishment and maintenance of buffer strips and walls; and 40restrictions of similar nature shall require the establishment of restrictive 41covenants and such covenants shall be noted on the plat. Documents 42pertaining to restrictive covenants shall be submitted with the final plat. 43 m. Waterways. 44 Land which includes any existing or proposed 45private waterways shall be included on the original plat together with 46formal acceptance of maintenance by the subdivider, his grantees and 47assigns, for said waterways including vegetated littoral zones, and, August 18, 2010 13 ENGINEERING DIVISION SERVICES 1further the duty, at their expense, of keeping same free of weeds, 2hyacinths, cloggage or other debris or noxious material. 3 n. Mobile Home Park Developments. 4Mobile home subdivisions 5shall be in the proper zone for such development and prior to the 6submittal of the final plat and supporting data shall have the approval of 7the final zoning authority and shall meet all of the requirements of the 8zoning code. The dedication on the plat of a mobile home subdivision 9shall include the following additional provisions or wording equal 10hereto: "Said owner(s) hereby dedicate(s) the lots shown on the plat 11exclusively for mobile home or trailer parking and use incidental thereto, 12except as to the lots indicated for other purposes on the plat. Mobile 13home or trailer parking is allowed only on the indicated lots. Areas 14indicated as parks or playgrounds are dedicated for the use of the owners 15of the lots shown on this plat." 16 17Mobile home subdivision plats shall conform to all the requirements of 18this ordinance and the requirements of Chapter 177, Florida Statutes, as 19amended. 20 o. Master Plan. 21 The final plat shall conform to the corresponding 22approved master plan, when applicable . 23 p. Miscellaneous. 24 All plats shall show ingress-egress 25locations and all other applicable conditions of approval (COA) attached 26to the Development Order (DO) that were issued by the City 27Commission upon master plan or site plan approval. 28 4. Approval Process. 29The City Engineer, or his or her designee, shall 30examine the final plat as to its compliance with the constitution and statutes of 31the State of Florida and the ordinances of the City of Boynton Beach and shall in 32writing, within 30 days, report his finding, recommendations or approval to the 33plat preparer. Reference shall be made to the specific article, section and 34paragraph with which the final plat does not comply. If deficiencies exist, they 35shall be corrected by the plat preparer. If the final plat meets the provisions of 36this ordinance, and complies with the statutes of the State of Florida and the 37ordinances of the City of Boynton Beach, the City Engineer shall submit the 38final plat to the City Commission for approval. The City Commission may, after 39its approval, also require county approval prior to recording. 40 41The final plat, signed and sealed, reviewed by a professional surveyor and 42mapper, signed by the mayor and the City Engineer, and acknowledged by the 43city clerk, shall be presented to the Palm Beach County Clerk (or county 44engineer if county approval is required) to complete the formal recording 45process. 46 5. Modification to Plat. 47 Any proposed modification to an existing 48plat of record shall be considered a replat or an amended plat, as determined by August 18, 2010 14 ENGINEERING DIVISION SERVICES 1the City Engineer. Any request to replat a previously platted subdivision shall 2be processed in accordance with Section 2.B above. 3 6. Previously Platted Subdivisions. 4 5 a. Active Subdivision Development. 6 A plat and / or 7improvement plans for a subdivision that has been approved under the 8subdivision regulations adopted by the City Council on March 25, 1959, 9and amendments thereto, may be completed as approved under those 10regulations with respect to the approved plans and/or plat. Additions 11thereto which have not been approved shall be subject to the 12requirements of these land development regulations. 13 b.Reversion of Subdivided Land to Acreage. 14 The official 15records of Palm Beach County contain plats recorded prior to the 16adoption of these land development regulations governing development 17in the City of Boynton Beach. Such plats show areas within the City of 18Boynton Beach which have been platted as subdivisions, but which have 19either been partially improved or developed or remain unimproved or 20undeveloped. These areas, if fully or partially developed as platted, 21would not conform to the current needs of urbanization in the City of 22Boynton Beach as established herein. 23 24The City Commission shall have the power, on its own motion, to order 25the vacation and reversion to acreage of all or any part of such 26subdivision within the incorporated areas of the City of Boynton Beach, 27including the vacation of streets or other parcels of land dedicated for 28public purposes or any portion of such streets or other parcels. Such 29order of vacation and reversion of subdivision plats may only be made 30by the City Commission if 1) a plat of the subdivision was recorded as 31provided by law not less than five (5) years before the date of proposed 32reversion to acreage; and 2) the subdivision or part thereof proposed to 33be reverted to acreage, not more than 35% of the unimproved portion of 34the subdivision area has been sold as lots with 65% left under one 35ownership. 36 37Prior to ordering such a vacation and reversion to acreage the City 38Commission shall hold a public hearing relative to the proposed vacation 39and reversion to acreage, with prior notice thereof being given by 40publishing in a newspaper of local circulation the date of and the subject 41matter of the hearing at least once within the two-week period preceding 42the date of such public hearing. At such public hearing, the vacation and 43reversion to acreage of subdivided land must be shown to conform to the 44comprehensive plan of the area and that the public health, safety, 45economy, comfort, order, and welfare will be promoted thereby. No 46owner of any parcel of land in a subdivision so vacated shall be deprived 47of reasonable access to or from such parcel to which such parcel has 48theretofore had access. Access after such vacation and reversion need August 18, 2010 15 ENGINEERING DIVISION SERVICES 1not be the same as theretofore existing, but shall be reasonably 2equivalent thereto. The owner or owners of a subdivision subject to 3vacation and reversion to acreage may at their option vacate or abandon 4the subdivision or portion thereof, or may improve undeveloped rights- 5of-way or rights-of-way which have been partially improved at their cost 6and expense, provided such improvements comply with the provisions of 7this ordinance and are acceptable to the City Commission for 8maintenance. 9 c. Improvement of Partially Developed Subdivisions. 10 The 11improvement of partially developed subdivisions not subject to vacation 12and reversion to acreage shall comply with the requirements of this 13ordinance and the following: 14 15(1) Rights-of-Way.The existing right-of-way for local 16streets shall be considered sufficient, provided it is at least 50 17feet wide and the improvements comply with the fifty-foot 18typical section for road construction contained in city standards. 19If the existing right-of-way is less than 50 feet wide, additional 20right-of-way shall be provided to make a total of not less than 50 21feet. 22 23(2) Easements.Easements for proper drainage shall be 24provided where necessary at a width adequate to accommodate 25the drainage facilities. A minimum width of 12 feet shall be 26provided for underground storm drainage installations. Where 27canals or ditches are permitted, the width shall be adequate to 28accommodate drainage facilities plus 20 feet on one side to 29permit equipment to enter for maintenance purposes. 30 31(3) Platting. Compliance with platting sections of this 32ordinance is not required where the improvements are contained 33in existing platted rights-of-way and no additional right-of-way 34dedication is needed. Drainage rights-of-way and easements 35where a plat is not required shall be accomplished by separate 36instrument dedicating the easement and / or rights-of-way for 37such purposes. 38 39CHAPTER 5 PLATTING 40 41Article I. In General 42Article III. Administration 43Article IV. Prerequisites to Platting 44Article V. Plat Preparation and Approval 45Article VI. Previously Platted Subdivisions 46Article VII. Land Development Permit 47Article VIII. Sale or Transfer of Property 48 August 18, 2010 16 ENGINEERING DIVISION SERVICES 1ARTICLE I. IN GENERAL 2Sec. 1. Purpose. 3 The purpose of this chapter is to provide a procedure for preparing plat documents consistent with 4development regulations of the city and to create documentation of physical characteristics of land proposed for 5development within the city. 6 7(Ord. No. 07-013, § 2, 7-3-07) 8 9Sec. 2. Record plat required. 10 (a) All developments or re-developments shall require a plat prepared by a registered land surveyor and 11mapper in compliance with this chapter and the requirements of all provisions of F.S. Chapter 177. In general, 12there are two (2) basic types of required plats. A "Boundary Plat" is generally used when combining multiple 13parcels of land, tracts or lots into a single parcel for development purposes. Project types would include rental 14apartments, public facilities, shopping centers, condominiums and industrial developments where "unity of 15title" ownership is required. A "Record Plat" is generally used when combining or subdividing lands for 16individual ownership. Project types would include single-family subdivisions, townhome developments, retail 17centers, or office-warehouse and similar developments where lots, parcels or tracts are created for sale purposes 18to individual ownership. 19 20 (b) Other types of plat documents may be applicable to a new development. The City Engineer shall 21review those cases to determine which platting process is appropriate. However, a new boundary survey for 22any replat is required when the replat affects any boundary of the previously platted property or when 23improvements which may affect the boundary of the previously platted property have been made on the lands to 24be replatted. 25 26 (c) All plats shall show ingress-egress locations/easements, landscape easements, limited access 27easements, storm drainage easements, utility easements, etc. and all other applicable conditions of approval 28(COA) attached to the Development Order (DO) that were issued by the City Commission upon master plan or 29site plan approval. 30 31(Ord. No. 07-013, § 2, 7-3-07) 32 33Sec. 3. Platting before permitting. 34 No person, firm, partnership, corporation or any other association shall combine lots, tracts or parcels of 35land for development purposes, or to subdivide a tract of land anywhere in the incorporated area of the city 36except in conformity with this chapter. No development or subdivision shall be platted or recorded nor shall 37any building permit be issued (except land clearing type permits) unless such subdivision or development meets 38all the provisions of this chapter and those of any applicable Laws of the State of Florida, and has been 39approved in accordance with the requirements as herein set forth, unless a waiver or substitution has been 40granted according to Article II of this chapter. 41 42(Ord. No. 07-013, § 2, 7-3-07) 43 44 Editor's note—Ord. No. 96-55, Section 2, adopted January 21, 1997, repealed Article II. Exemption to 45Platting, Sections 1, 2, 3 and 4, and is hereby reserving said sections. 46 47ARTICLE II. WAIVERS AND SUBSTITUTIONS 48Section 1. Waivers. August 18, 2010 17 ENGINEERING DIVISION SERVICES 1 A. Eligibility. A waiver of the platting requirement may be considered when the land is to be divided into 2no more than two (2) contiguous lots and no more than three (3) regularly shaped areas are to be dedicated to 3the City of Boynton Beach (easements, tracts, parks, rights-of-way, etc.) and because: 4 5 1. Unusual conditions are created by ownership or development of adjacent lands, or 6 7 2. The land concerned is isolated or remote in its relationship to other platted or improved lands, or 8 9 3. The improvements and dedications existing on the land are substantially in accordance with the 10requirements of this chapter and if the waiving of the requirements for platting would not conflict with the 11purpose and intent of this chapter. 12 13 B. Waiver application. Pursuant to Section 1 above, the developer shall submit an application for waiver 14of plat to the city engineer, who shall review the application and determine if one of the foregoing conditions 15exists and, upon affirmative determination, shall waive the requirement for platting. 16 17 C. Appeal of waiver denial decisions. When the city engineer determines that an applicant is not eligible 18for a waiver to platting, the decision may be appealed to the City Commission as outlined in Chapter 1, Article VII. 19 20 21 D. Requirements in lieu of platting. If platting is not required, a certified survey shall be submitted to the 22city engineer, who may require deeded rights-of-way and easements, reservations or improvements required in 23connection with platting under this ordinance, including the posting of surety to carry out the intent and 24purpose of this ordinance. 25 26(Ord. No. 96-55, § 3, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02) 27 28Section 2. Substitutions. 29 A. Eligibility. A boundary plat may be submitted when portions of an existing subdivision or parcels of 30land being assembled to create a single developable property are of such simplicity or are surrounded by such 31development as to justify the waiving of the requirements for preparing a full replat. For the sole purpose of 32determining application fees, a boundary plat submittal shall be considered a pre-application submittal. 33 34 B. Master plan waiver. The submission of a master plan for a boundary plat may be waived at the option 35of the city engineer. 36 37 C. Specific boundary plat requirements. All provisions of FS 177 and this Land Development Regulation 38shall fully apply to every boundary plat including, but not limited to, those tangible improvements required in 39Chapter 6 not already in place. 40 41(Ord. No. 96-55, § 3, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02) 42 43ARTICLE III. ADMINISTRATION 44Sec. 1. Administrative officer. 45 For the purpose of coordinating, enforcing and administering this chapter, the city engineer shall be deemed 46administrative officer. Information, advice or recommendations shall be rendered only by the administrative 47officer, or his or her designee, following consultation with the planning and zoning director. 48 August 18, 2010 18 ENGINEERING DIVISION SERVICES 1(Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 07-013, § 2, 7-3-07) 2 3Sec. 2. Definitions. 4 Terms in this chapter shall have the following definitions, if not previously accepted pursuant to the 5Unabridged Dictionary of the English Language. Supplemental definitions for specific technical terms should 6be defined at the reference location at which they first appear in this chapter. If a conflict exists in terms of the 7supplemental definitions with these definitions, the specific definition for the specific applicable condition shall apply. 8 9 10ABUTTING PROPERTY - Lying immediately adjacent to and sharing a common property line with other 11property. 12 13ACCESS- A way to enter or exit a facility or property. 14 15ACCESS, LEGAL - The principal means of access from a lot (or property) to a public street or to a private 16street over which a perpetual ingress and egress easement or right-of-way has been granted to the owners of any 17lot services by such street. 18 19ACRE- Land or water consisting of forty-three thousand five hundred sixty (43,560) square feet, and is not 20intended to be used for principal traffic circulation. 21 22ALLEY- A right-of-way providing a secondary means of access and service to abutting property. 23 24BENCHMARK- A relatively permanent material object, natural or artificial, bearing a marked point whose 25elevation above or below an adopted datum plane is known. 26 27BLOCK includes TIER or GROUP - A group of lots existing within well-defined and fixed boundaries, usually 28being an area surrounded by streets, parks or other physical barriers and public space, having an assigned 29number, letter, or other name through which it may be identified. 30 31BOARD- Any board appointed by the City Commission, such as the Planning and Zoning Board. 32 33CITY- The City of Boynton Beach, a municipality established in the County of Palm Beach, State of Florida, a 34municipal corporation under the name of City of Boynton Beach pursuant to the laws of Florida, 1947, Chapter 3524398, Section 5. 36 37CITY ENGINEER - A Florida licensed professional engineer in charge of the City of Boynton Beach, 38Department of Public Works/Engineering Division, and who acts as the administrative officer for the purpose 39of implementing the city's platting requirements. 40 41CITY SURVEYOR AND MAPPER - A Florida licensed professional surveyor and mapper, under contract or 42employment with the City of Boynton Beach, Florida in accordance with F.S. § 177.081(1), as amended from 43time to time. 44 45CUL-DE-SAC- A street terminated at the end by a vehicular turn-a-round. 46 47DEVELOPER- The owners of record executing the dedication required by F.S. § 177.081, and applying for 48approval of a plat of a subdivision pursuant to this chapter. August 18, 2010 19 ENGINEERING DIVISION SERVICES 1 2DEVELOPMENT- A single use or combination of uses, proposed or approved, that may include but not be 3limited to, a single-family subdivision, townhomes, rental apartments, condominiums, public facilities, 4commercial buildings, shopping centers, condominiums or industrial projects, possibility of similar design, 5constructed as a unified community. Development shall also include the meaning given it in F.S. § 380.04, 6pursuant to a development order or permit. 7 8EASEMENT- Any strip of land created by a subdivider for public or private utilities, drainage, sanitation, or 9other specified uses having limitations, the title to which shall remain in the name of the property owner, 10subject to the right of use designated in the reservation of the servitude. 11 12EGRESS- Exit. 13 14ENGINEER (P.E.) - A person registered as a professional engineer in the State of Florida, in accordance with 15F.S. Chapter 471, who is in good standing with the Florida Board of Professional Engineers. 16 17GOVERNING BODY - The City Commission of the City of Boynton Beach. 18 19GOVERNMENT- Any direct agency of any federal, state, county or city government including schools and the 20U.S. Postal Service. 21 22IMPROVEMENTS- May include, but not limited to, street pavements, curbs and gutters, sidewalks, alley 23pavements, walkway pavements, water mains, sanitary sewer, storm sewers or drains, street names, signs, 24landscaping, permanent reference monuments (PRMs), permanent control points (PCPs), monuments, or any 25other improvement required by the city. 26 27INGRESS- Entry. 28 29LAND DEVELOPMENT REGULATIONS (LDR) - Ordinances of the city that govern any aspect of 30development, redevelopment and improvement of lands lying in the jurisdiction of the city and include but not 31limited to zoning, subdivision, health, environmental, landscaping, parking or sign regulations. These 32regulations are amended from time to time as deemed necessary by the city. 33 34LEGAL ACCESS - A dedicated and recorded right-of-way, or easement, excluding utility or drainage 35easements, affording perpetual ingress and egress from a subject property to a public thoroughfare. 36 37LEGAL ENTITY - An entity that holds a certificate of authorization issued under F.S. Chapter 472, whether 38the entity is a corporation, partnership, association, or person practicing under a factitious name. 39 40LOT includes TRACT or PARCEL - The least fractional part of subdivided lands having limited fixed 41boundaries, and an assigned number, letter or other name through which it may be identified. 42 43MONUMENT- An artificial or natural object that is permanent or semi-permanent, and used or presumed to 44occupy any real property corner, point on a boundary line, or reference point. A survey marker must: (1) Be 45composed of a durable material; (2) Have a minimum length of eighteen (18) inches; (3) Have a minimum 46cross-section area of material of 0.2 square inches; (4) Be identified with a durable marker or cap bearing either 47the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate 48of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable; (5) Be August 18, 2010 20 ENGINEERING DIVISION SERVICES 1detectable with conventional instruments for locating ferrous or magnetic objects. If the location of the 2monument falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is 3durable and identifiable. 4 5MUNICIPALITY- The City of Boynton Beach, Florida. 6 7PCP- "Permanent control point" and shall be considered a reference monument. 8 9PCPs- Set in impervious surfaces must: (1) be composed of a metal marker with a point of reference. (2) Have 10a metal cap or disk bearing either the Florida registration number of the professional survey and mapper in 11responsible charge of the certificate of authorization of the legal entity, which number shall be preceded by LS 12or LB as applicable and the letter "P.C.P." 13 14PCPs- Set in pervious surfaces must: (1) Consist of a metal rod having a minimum length of eighteen (18) 15inches and a minimum cross-section area of material of 0.2 square inches. In certain materials, encasement in 16concrete is optional for stability of the rod. When used, the concrete shall have a minimum cross-section area 17of 12.25 square inches and be a minimum of twenty-four (24) inches long. (2) Be identified with a durable 18marker or cap with the point of reference marked thereon bearing either the Florida registration number of the 19professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal 20entity, which number shall be preceded by LS or LB as applicable and the letters "P.C.P." 21 22PCPs- Must be detectable with conventional instruments for locating ferrous or magnetic objects. 23 24PLANNED COMMERCIAL DEVELOPMENT (PCD) - Land under unified control, uniformly zoned, planned, 25approved and developed as a single development operation or as a programmed series of phased development 26operations for commercial buildings and related uses and facilities in accordance with an approved master plan. 27 28PLANNED INDUSTRIAL DEVELOPMENT (PID) - Land under unified control, uniformly zoned, planned, 29approved and development as a single development operation or a programmed series of phased development 30operations for industrial buildings and related uses and facilities in accordance with an approved master plan. 31 32PLANNED UNIT DEVELOPMENT (PUD) - Land under unified control, uniformly zoned, planned, approved 33and development as a single development operation or a programmed series of phased development operations 34for dwelling units and accessory uses and facilities. 35 36 37PLAT- A map or delineated representation of the combining of or subdivision of lands, being a complete, 38exact representation of the subdivision and other information in compliance with all requirements of all 39applicable provisions of F.S. Chapter 177, and may include the terms "record plat", "replat", "amended plat", or 40"revised plat". 41 42PLAT, BOUNDARY - A map or delineated representation for recordation of the combination of multiple 43pieces, tracts or lots into a single parcel for development purposes prepared, approved, and recorded in 44accordance with the requirements and procedures for a plat pursuant to F.S. Chapter 177. 45 46PLAT, FINAL - A finished plat including all signatures required for recordation except those signifying 47approval by the city. 48 August 18, 2010 21 ENGINEERING DIVISION SERVICES 1PLAT, PRELIMINARY - A copy of the plat in sufficient form to readily compare the plat with the 2development plan, subdivision plan and the construction plans. 3 4PLAT OF RECORD - A plat which conforms to the requirements of the applicable state laws, and Chapter 5 5(Platting) of the City of Boynton Beach Land Development Regulations, and recorded in the Public Records of 6Palm Beach County, Florida. 7 8PRM- A permanent reference monument which must: (1) Consist of a metal rod having a minimum length of 9eighteen (18) inches and a minimum cross-section area of material of 0.2 square inches. In certain materials, 10encasement in concrete is optional for stability of the rod. When used, the concrete shall have a minimum 11cross-section of 12.25 square inches and a minimum of twenty-four (24) inches long. (2) Be identified with a 12durable marker or cap with the point of reference marked thereon bearing either the Florida registration number 13of the professional survey and mapper in responsible charge or the certificate of authorization number of the 14legal entity, which number shall be preceded by LS or LB as applicable and the letters "P.R.M." (3) Be 15detectable with conventional instruments for locating ferrous or magnetic objects. If the location of the 16"P.R.M." falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is 17durable and identifiable. 18 19PROFESSIONAL SURVEYOR AND MAPPER (P.S.M.) - A surveyor and mapper registered under F.S. 20Chapter 472, who is in good standing with the Board of Professional Surveyors and Mappers. 21 22PROPERTY OWNERS' ASSOCIATION (POA) - An organization under the laws of the state, operated under 23recorded maintenance and ownership agreements through which each owner of a portion of a development or 24subdivision, be it a lot, home, property or any other interest, is automatically a voting member, and each such 25member is automatically subject to a charge for a prorated share of expenses, either direct or indirect, for 26maintaining common properties within the development or subdivision, such as roads, parks, recreational areas, 27common areas, and other similar properties. Within the text of this chapter (Platting), a property owners' 28association is considered to be a single entity for property ownership. As used in this chapter, the term 29PROPERTY OWNERS ASSOCIATION shall also be deemed to include a homeowners association, 30condominium association or cooperative (apartment) association, as defined in F.S. Chapter 711, as amended, 31having a life tenure of not less than twenty (20) years, as well as a third party having an agreement with a 32condominium or cooperative association as permitted by F.S. Chapter 711, as amended. 33 34PUBLIC AGENCY - Any government or governmental agency, board, commission, authority or public body of 35Palm Beach County, the State of Florida, or of the United States government, or any legally constituted 36governmental subdivision or special district. 37 38PUBLIC UTILITY - Includes any public or private utility, such as, but not limited to, storm drainage, sanitary 39sewers, electric power, water service, gas service, or telephone line, whether underground or overhead. 40 41REFERENCE POINT - Any defined position that is or can be established in relation to another defined 42position. 43 44RIGHT-OF-WAY - Land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, 45drainage facility, access for ingress and egress, or other purpose by the public, certain designated individuals, 46or governing bodies. 47 August 18, 2010 22 ENGINEERING DIVISION SERVICES 1STREET- Any access way such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, 2circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines 3as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those 4access ways such as easements and rights-of-way intended solely for limited utility purposes, such as for 5electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers, and easements for 6ingress and egress. 7 8SUBDIVISION- Land divided into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units, or any other 9division of land; and includes establishment of new streets and alleys, additions, and re-subdivisions; and, when 10appropriate to the context, relates to the process of subdividing or to the lands or area subdivided. 11 12STATE PLANE COORDINATES - The system of plan coordinates which has been established by the National 13Ocean Service for defining and stating the positions or locations of points on the surface of the earth within the 14state and shall hereinafter be known and designed as the "Florida State Plane Coordinate System". For the 15purpose of the use of this system, the zones established by the National Ocean Service in NOAA Manual NOS 16NGS 5, State Plane Coordinate System of 1983, shall be used and the appropriate projection and zone 17designation shall be indicated and included in any description using the Florida State Plane Coordinate System. 18 19SURVEY - The orderly process of determining facts of size, shape, identity, geodetic location, or legal location 20by viewing and applying direct measurement of features on or near the earth's surface using field or image 21methods; further defined as follows according to the type of data obtained, the methods and instruments used, 22and the purpose(s) to be served: 23 24 (a) AS-BUILT SURVEY - A survey performed to obtain horizontal or vertical dimensional data so that 25constructed improvements may be located and delineated; also known as a Record Survey. 26 27 (b) BOUNDARY SURVEY - A survey, the primary purpose of which is to document the perimeters, or 28any one of them, of a parcel or tract of land by establishing or reestablishing corners, monuments, and boundary 29lines for the purpose of describing the parcel, locating fixed improvements on the parcel, dividing the parcel, or 30platting. 31 32 (c) CONDOMINIUM SURVEY - A survey performed pursuant to F.S. Chapter 718; includes a Boundary 33Survey. 34 35 (d) CONSTRUCTION LAYOUT SURVEY - The measurements made, prior to or while construction is 36in progress, to control elevation, configuration, and horizontal position and dimensions. 37 38 (e) CONTROL SURVEY - A survey which provides horizontal or vertical position data for the support or 39control of subordinate surveys or for mapping. 40 41 (f) HYDROGRAPHIC SURVEY - A survey having as its principal purpose the determination of data 42relating to bodies of water, and which may consist of the determination of one or several of the following 43classes of data: depth of water and configuration of bottom; directions and force of current; heights and time of 44water stages; and location of fixed objects for survey and navigation purposes. 45 46 (g) MEAN HIGH WATER LINE SURVEY - A survey to document the mean high water line as defined 47in F.S. Chapter 177, Part II. 48 August 18, 2010 23 ENGINEERING DIVISION SERVICES 1 (h) QUANTITY SURVEY - A survey to obtain measurements of quantity. 2 3 (i) RECORD SURVEY - A survey performed to obtain horizontal and vertical dimensional data so that 4constructed improvements may be located or delineated; also known as an As-Built Survey. 5 6 (j) SPECIFIC OR SPECIAL PURPOSE SURVEY - A survey performed for a purpose other than the 7purposes detailed in (a) – (j) above, or (l) below. 8 9 (k) TOPOGRAPHIC SURVEY - A survey of selected natural and artificial features of a part of the earth's 10surface to determine horizontal and vertical spatial relations. 11 12 (l) DESCRIPTIONS - Written by a surveyor and mapper to describe land boundaries by metes and 13bounds shall provide definitive identification of boundary lines. A sketch shall accompany the property 14description showing all information referenced in the description and shall state that such sketch is not survey. 15The initial point in the description shall be tied to either a government corner, a recorded corner, or some other 16well-established survey point. 17 18SURVEY DATA - All information shown on the face of a plat that would delineate the physical boundaries of 19the unified property or the subdivision and any parts thereof. SURVEY DATA includes, but not limited to: 20 21 (a) POINT OF CURVATURE, written "P.C.," means the point where a tangent circular curve begins. 22 23 (b) POINT OF TANGENCY, written "P.T.," means the point where a tangent curve ends and becomes 24tangent. 25 26 (c) POINT OF COMPOUND CURVATURE, written "P.C.C.," means the point where two (2) circular 27curves have a common point of tangency, the curves lying on the same side of the common tangent. 28 29 (d) POINT OF REVERSE CURVATURE, written "P.R.C.," means the point where two (2) circular 30curves have a common point of tangency, the curves lying on opposite side of the common tangent. 31 32UNITY OF TITLE - A document recorded in the Office of the Clerk of the Circuit Court of Palm Beach 33County, stipulating that lots or parcel(s) of land shall be held under signal ownership, shall not be eligible for 34further subdivision and shall not be transferred, conveyed, sold or divided in any unit other than in its entirety. 35 36UTILITY- A governmental or franchised provider of water, sewer, electric, gas, telephone, telegraph, cable 37television or similar service. 38 39ZONING CODE - That portion or section of the Land Development Regulations that establishes or regulates, 40including but not limited to, permitted or conditional uses, minimum lot standards and site regulations, building 41heights, accessory uses and structures, and non-conforming lots and uses. 42 43(Ord. No. 07-013, § 2, 7-3-07) 44 45ARTICLE IV. PREREQUISITES TO PLATTING 46Section 1. Approved master plan. 47 Prior to consideration of any proposed platting or replatting under this chapter, master plan approval as 48outlined in Chapter 3 of Part III, Land Development Regulations of the City of Boynton Beach, Florida must be August 18, 2010 24 ENGINEERING DIVISION SERVICES 1obtained. For individual minor properties the master plan may be waived at the sole option of the planing and 2development director or his or her designee. 3 4(Ord. No. 02-033, § 4, 8-20-02) 5 6Section 2. Pre-application (preliminary plat). 7 The purpose of the optional pre-application procedure is to allow the developer and the planning and zoning 8director the opportunity to consult informally prior to the preparation of the plat and formal application. 9 10 A. A written pre-application (letter request) shall be submitted to the planning and zoning director. The 11written pre-application shall consist of the following: 12 13 1. Four (4) copies of the written statement previously submitted with the master plan in accordance 14with city requirements. 15 16 2. Four (4) copies of the preliminary plat in accordance with city requirements. 17 18 3. A fee as adopted by the City Commission to help defray the cost of processing the preliminary plat. 19 20 B. Upon receipt of the statement and fee, the planning and zoning director shall notify the city engineer of 21the need for plat review. 22 23(Ord. No. 02-033, § 4, 8-20-02) 24 25ARTICLE V. PLAT PREPARATION AND APPROVAL 26Section 1. Preparation of final plat. 27 To obtain approval for a development in the City of Boynton Beach, the developer shall submit both a 28preliminary and a final plat to the city engineer, shall notify the planning and zoning director, and shall post 29surety as outlined in Section 2, paragraph A2, and Chapter 7, Article I, Section 3, made payable to the City of 30Boynton Beach, together with any restoration surety, as outlined in this Article, Section 2, paragraph A3, prior 31to placing final plat approval on a City Commission agenda. The preliminary plat shall meet requirements of 32the final plat, except that it shall be submitted without the required signatures and seals. It may also be 33submitted without maintenance and use covenants, condominium documents, deeds, or other legal documents 34not related to the survey or engineering design of the project. No improvements, including streets, drainage and 35the like, shall be accepted and maintained by the city unless and until the final plat has been approved by a 36professional surveyor and mapper, and the city engineer, as well as the City Commission; duly recorded; and 37all required improvements are completed, both public and private. 38 39 A. Upon filing application for final plat approval, the developer shall pay a fee as adopted by resolution of 40the City Commission to help defray the cost of processing the final plat. In addition to the processing fee, 41the developer shall pay a fee equal to a percentage of the estimated cost of construction of improvements to 42defray the cost of administration of the subdivision. Said fee shall be as adopted by resolution of the City 43Commission, and shall be paid in full prior to placing final plat approval on a City Commission agenda. 44 45 B. Failure to submit the final plat to the city engineer within six (6) months from the date of application 46shall require resubmittal. 47 48 C. The final plat shall conform to the approved master plan. August 18, 2010 25 ENGINEERING DIVISION SERVICES 1 2 D. The final plat shall be drawn or printed on twenty-four by thirty-six (24 H 36) inch linen, chronoflex, 3mylar or other approved time stable material. The final plat shall be prepared by a professional surveyor and 4mapper currently registered in the State of Florida, and is to be clearly and legibly drawn with black permanent 5drawing ink or veritype process to a scale of not smaller than one (1) inch equals one hundred (100) feet, or as 6otherwise determined by the city engineer. The final plat shall be prepared in accordance with the provisions of 7Chapter 177, Florida Statutes, as amended, and shall conform to the following additional requirements: 8 9 1. INDEX. When more than a single sheet must be used to accurately portray the lands being 10developed or subdivided, the first sheet shall contain an index plus a map showing the entire development 11delineating the number of the sheet where each portion is shown. Each sheet must show the particular number 12of that sheet, the total number of sheets included and clearly labeled matchlines to show where other sheets 13match or adjoin. 14 15 2. NAME OF DEVELOPMENT. The plat shall have a title or name acceptable to the city. When the 16plat is a new development, the name of the development shall not duplicate nor be phonetically similar to the 17name of any existing development. When the plat is an addition to a recorded subdivision, it shall carry the 18same name as the existing subdivision. 19 20 3. PRIVATE STREETS AND RELATED FACILITIES. All streets and their related facilities 21designed to serve more than one property owner shall be dedicated to public use; however, private streets shall 22be permitted within property under single ownership such as a property owners' association, and shall be 23constructed in accordance with design requirements of public streets. Where private streets are permitted, 24ownership and maintenance association documents shall be submitted with the final plat and the dedication 25contained on the plat shall clearly dedicate the roads and maintenance responsibility to the association without 26recourse to the city or any other public agency. The rights-of-way and related facilities shall be identified as 27tracts for road purposes under specific ownership. 28 29 4. TITLE. The plat shall have a title printed in bold legible letters containing the name of the 30development; the name of the city, county and state; the section, township and range as applicable and if the 31plat is a replat, amendment or addition to an existing development or subdivision, it shall include the words 32"section, unit, replat, amendment, etc." 33 34 5. DESCRIPTION. Each plat shall show a full and detailed boundary description of the land embraced 35in the plat. The plat must be so complete that the starting point can be determined and the boundaries run 36without reference to the map. 37 38 6. DEDICATIONS, CERTIFICATIONS AND APPROVALS. The plat shall contain on the face or 39first page the following certifications and approvals, acknowledged as required by law, all being in the form set 40forth herein. 41 42 a. Dedications. The purpose of all reserved areas shown on the plat shall be defined in the 43dedication. All areas reserved for use by the residents of the development shall be so dedicated. All areas 44reserved for public use, such as parks, rights-of-way for roads, streets or alleys, shall be so dedicated; 45easements for utilities, rights-of-way and easements for drainage purposes and any other area, however 46designated, shall be dedicated by the owner of the land at the time the plat is recorded. When the owner is a 47corporation, the dedication shall be signed on behalf of the corporation by the president or vice-president and 48the secretary or assistant secretary, respectively, as set forth in Sec.1.D.6.b. August 18, 2010 26 ENGINEERING DIVISION SERVICES 1 2 b. Mortgagee's consent and approval. All mortgages along with the mortgagee's consent and 3approval of the dedication are required on all plats where mortgages encumber the land to be platted. The 4signature(s) of the mortgagee(s) must be witnessed and the execution must be acknowledged in the same 5manner as mortgages are required to be witnessed and acknowledged. In case a mortgagee is a corporation, the 6consent and approval shall be signed on behalf of the corporation by the president or vice-president and the 7secretary or an assistant secretary, respectively, by and with the authority of the board of directors. 8 9 c. Certification of surveyor and mapper. The plat shall contain the signature, registration number 10and official seal of the surveyor and mapper certifying that the plat complies with Chapter 177, Florida 11Statutes, as amended, and this ordinance. When plats are recorded and improvements are to be accomplished 12under surety posted as provided for by this ordinance, the required improvements and surety shall include 13P.C.P.'s. 14 15 d. City approval. The plat shall be reviewed for conformity to F.S., Ch. 177, as amended, by a 16professional surveyor and mapper, either by or under contract to the city, and evidence of this review shall be 17shown on the plat. The plat shall also contain the approval and signature block and date for the mayor and the 18city engineer with the acknowledgment and signature of the city clerk. 19 20 e. County approval. The plat, when required by the City Commission, shall also contain the date of 21approval of the board of county commissioners; the signature block of the chairman of the board; the signature 22block of the county engineer; and the acknowledgment and signature block of the clerk of the circuit court. 23 24 f. Certification of title. A title certificate shall be contained on the face of the first page of the plat. 25The title certificate shall state: 26 27 (1) That the lands as described and shown on the plat are in the name, and that apparent record 28title is held by the person, persons or organizations, executing the dedication; 29 30 (2) That all taxes have been paid on said lands as required by F.S., § 197.192, as amended; and, 31 32 (3) All mortgages on the land and indicate their official record book and page number. 33 34 The title certification must be an opinion of an attorney-at-law licensed in Florida, or the certification 35of an abstractor or a title insurance company licensed in Florida. 36 37 7. SURVEY DATA. The final plat shall show the length of all arcs together with central angles, radii, 38and points of curvature including, but not limited to, block corner radii. Sufficient survey data shall be shown 39to positively describe the boundary of each lot, block, right-of-way, easement and all other areas shown on the 40plat and all areas shall be within the boundary of the plat as shown in the description. The survey data 41contained on the plat shall also include: 42 43 a. The scale, both stated and graphically illustrated, shall be shown on each sheet. 44 45 b. A prominent North arrow shall be drawn on every sheet included showing any portion of the 46lands subdivided. The bearing or azimuth reference shall be clearly stated on the face of the plat in the notes or 47legend. 48 August 18, 2010 27 ENGINEERING DIVISION SERVICES 1 c. The point of beginning shall be boldly shown together with the letters P.O.B. in bold letters. 2 3 d. All intersecting street lines shall be joined to form required safe sight corners pursuant to city 4standards, and all dimensions shall be shown. 5 6 e. All adjoining property shall be identified by a subdivision name, plat book and page or, if 7unplatted, the land shall be so designated. 8 9f. Permanent reference monuments shall be shown in the manner prescribed by F.S. Ch. 177, as 10amended. All information pertaining to the location of "P.R.M. s" shall be indicated in note form on the plat. 11Permanent Control Points and Permanent Reference Monuments shall be designed and set as prescribed by F.S. 12Ch. 177, as amended. 13 14 g. Reserve on each sheet of the plat a three by five (3 x 5) inch space in the upper right-hand corner 15to be used by the clerk of the circuit court for recording information. 16 17 h. The map shall mathematically close within one hundredth (.01) feet and shall be accurately tied 18to all township, range and section lines occurring within the subdivision by distance and bearing. In addition, 19the initial point in the description shall be accurately tied to the nearest quarter section corner, section comer or 20government corner. 21 22 i. The initial point in the description shall be accurately tied to the nearest quartersection corner or 23government corner. Each government corner being used shall be identified. If the development being platted is 24a re-subdivision of a previously recorded subdivision, then a tie to a Permanent Reference Monument from the 25parent plat is sufficient. If the development is a re-subdivision of a part of a previously recorded subdivision, 26sufficient ties to controlling lines appearing on the parent plat must be provided to permit an overlay. The 27position and orientation of the plat shall conform to the Florida State Plan Coordinate System in the manner 28established by the City Engineer and prescribed in the Engineering Division's Design Handbook and associated 29forms. 30 31 j. The cover sheet or first page of the plat shall show a vicinity sketch, showing the subdivision's 32location in reference to other areas of the city. 33 34 k. A complete legend of abbreviations shall be shown. 35 36 1. All lettering on the plat shall be at a minimum 0.10 of an inch in height. 37 38 m. The plat boundary and all parcels shown on the development or subdivision plats intended to be 39conveyed in fee title shall be delineated by solid lines. 40 41 n. Lines intersecting curves shall be noted as radial or non-radial as the case may be. 42 43 o. A note addressing any abandoned underlying lands or easements, including record information, 44shall be shown. 45 46 p. Tabulation of survey data: 47 August 18, 2010 28 ENGINEERING DIVISION SERVICES 1 (1) The use of tangent tables is not permitted. However, at the discretion of the City Engineer on 2a case by case basis, the use of a tangent table to reflect corner clip (safe sight) chords may be permitted if 3deemed necessary to meet requirements of neatness and clarity of the plat. Scale factors shall not be 4considered. Such tables, when permitted, must appear on the map sheet to which they refer and tangents shall 5be numbered consecutively through the entire presentation. 6 7 (2) Curve data may be tabulated subject to the following conditions or exceptions: 8 9 (a) External boundary or centerline curve data may not be tabulated. 10 11 (b) Where data is tabulated, a minimum of the delta angle, radius and arc length and the curve 12designation number or letter will be shown on the plat. 13 14 (c) Curve tables reflecting the tabulated data will appear on the map sheet on which the 15curves appear. 16 17 7.5. LOT AND BLOCK IDENTIFICATION. Each lot and block shall be numbered or lettered. All lots 18shall be numbered or lettered by progressive numbers or letters individually throughout the subdivision or 19progressively numbered or lettered in each block. Blocks in each incremental plat shall be numbered or lettered 20consecutively throughout a subdivision. 21 22 8. STREET NAMES. The plat shall contain the name of each street shown on the plat. Proposed 23streets which are in alignment with other existing and named streets shall bear the same name of the existing 24street. In no case, except as indicated in the preceding sentence, shall the name of the proposed street, 25excluding a numerical system, duplicate or be phonetically similar to existing street names, regardless of the 26use of the modifier "street," "avenue," "boulevard," "drive," "place," "court," etc. 27 28 9. EXCLUDED PARCELS. Where an excluded parcel is completely surrounded by areas included 29within the plat, sufficient easements or right-of-way to provide necessary access, utilities, and drainage to the 30excluded parcel shall be provided. No strip or parcel of land shall be reserved by the owner unless the same is 31sufficient in size and area to be of some particular use or service. The intended use of all reserved areas shall 32be shown on the plat in note form on the cover sheet. 33 34 10. EASEMENTS. The plat shall contain a statement that no buildings or structures shall be placed 35within easements. Easements for proper drainage shall be provided where necessary at a width adequate to 36accommodate the drainage facilities. A minimum width of twelve (12) feet shall be provided for underground 37storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to 38accommodate drainage facilities plus twenty (20) feet on one (1) side to permit equipment to enter for 39maintenance purposes. 40 41 Easements for supporting utility systems shall also be provided where necessary at a width adequate to 42accommodate their depths. A minimum width of twelve (12) feet shall be provided for these systems. Where 43sanitary sewer systems are greater than five (5) feet in depth, the minimum utility easement width shall be 44twice the greatest depth point on any link segment plus two (2) feet in order to access the system during any 45servicing required task. 46 47 11. RESERVATIONS AND RESTRICTIVE COVENANTS. Restrictions pertaining to the type and 48use of water supply; type and use of sanitary facilities; use and benefits of water areas, canals and other open August 18, 2010 29 ENGINEERING DIVISION SERVICES 1spaces; odd-shaped and substandard parcels; restrictions controlling building lines; establishment and 2maintenance of buffer strips and walls; and restrictions of similar nature shall require the establishment of 3restrictive covenants and such covenants shall be noted on the plat. Documents pertaining to restrictive 4covenants shall be submitted with the final plat. 5 6 12. WATERWAYS. Land which includes any existing or proposed private waterways shall be 7included on the original plat together with formal acceptance of maintenance by the subdivider, his grantees 8and assigns, for said waterways including vegetated littoral zones, and, further the duty, at their expense, of 9keeping same free of weeds, hyacinths, cloggage or other debris or noxious material. 10 11 13. PLANNED DEVELOPMENTS. All plats for planned developments shall be identified as to the 12type of development being platted. For example, all planned unit developments shall contain "P.U.D." within 13the title; all planned commercial developments shall contain "P.C.D." within the title; all planned industrial 14developments shall contain "P.I.D." within the title; or any combination thereof shall be identified within the 15title of the plat. 16 17 14. MOBILE HOME PARK SUBDIVISIONS. Mobile home subdivisions shall be in the proper zone 18for such development and prior to the submittal of the final plat and supporting data shall have the approval of 19the final zoning authority and shall meet all of the requirements of the zoning code. The dedication on the plat 20of a mobile home subdivision shall include the following additional provisions or wording equal hereto: "Said 21owner(s) hereby dedicate(s) the lots shown on the plat exclusively for mobile home or trailer parking and use 22incidental thereto, except as to the lots indicated for other purposes on the plat. Mobile home or trailer parking 23is prohibited everywhere except on the indicated lots.Areas indicated as parks or playgrounds are dedicated 24for the use of the owners of the lots shown on this plat." 25 26 Mobile home subdivision plats shall conform to all the requirements of this ordinance and the 27requirements of Chapter 177, Florida Statutes, as amended. 28 29(Ord. No. 96-55, § 4, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03; Ord. No. 3007-013, § 2, 7-3-07) 31 32Section 2. Submission of final plat. 33 A. Upon completion of the foregoing requirements, six (6) copies of the final plat shall be submitted to 34the office of the city engineer and be accompanied by the following: 35 36 1. Four (4) sets of the construction plans approved for technical compliance and approved health 37department permits for sewer and water in accordance with city requirements; and 38 39 2. Surety guaranteeing that all work required whether public or private will be completed in full 40accordance with the plat and approved construction plans; with all development conditions attached thereto; 41and with the Boynton Beach Land Development Regulations. Surety for required utility system improvements 42shall be coordinated directly with the Utilities Department, whether they will remain private or conveyed to the 43city upon completion of their construction. Surety shall be in substantially the form and amount delineated in 44Chapter 7; and 45 46 3. Restoration surety in compliance with Chapter 7 in the amount of one hundred ten per cent (110%) 47of the engineer's certified cost for restoring the site to its original condition including, but not limited to, repair 48of access/haul routes; seed; sod; landscaping; drainage and utilities; and August 18, 2010 30 ENGINEERING DIVISION SERVICES 1 2 4. A check payable to the City of Boynton Beach representing the fee described in Article V, Section 31.A hereinbefore; and 4 5 5. A copy of the property owners association documents. These documents shall indicatethe 6maintenance responsibility for street lighting and shall provide for the formation of a special taxing district to 7assume maintenance responsibility for the street lighting system in the event of the dissolution of the property 8owners association; and 9 10 6. Supplementary material as required by the office of the city engineer, i.e. deeds, easements, etc., 11when access, drainage, or utility services cannot be accomplished through platted rights-of-way deeds or 12easements to accomplish access, drainage or utility service; and 13 14 7. A check payable to Palm Beach County in the amount of the plat recording fees. 15 16 B. The city engineer, or his or her designee, shall examine the final plat as to its compliance with the 17constitution and statutes of the State of Florida and the ordinances of the City of Boynton Beach and shall in 18writing, within thirty (30) days, report his finding, recommendations or approval to the developer in writing. 19Reference shall be made to the specific article, section and paragraph with which the final plat does not comply. 20 If deficiencies exist, they shall be corrected by the developer. If the final plat meets the provisions of this 21ordinance, and complies with the statutes of the State of Florida and the ordinances of the City of Boynton 22Beach, the city engineer shall submit the final plat to the City Commission for final plat approval. The City 23Commission may after its approval also require county approval prior to recording. 24 25(Ord. No. 96-55, § 4, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 07-005, § 2, 3-5-07; Ord. No. 07- 26013, § 2, 7-3-07) 27 28Section 3. Final plat recording requirements. 29 The final plat, signed and sealed, reviewed by a professional surveyor and mapper, signed by the mayor and 30the city engineer, and acknowledged by the city clerk, shall be presented to the Palm Beach County Clerk (or 31county engineer if county approval is required) to complete the formal recording process. 32 33(Ord. 02-033, §§ 3, 4, 8-20-02) 34 35ARTICLE VI. PREVIOUSLY PLATTED SUBDIVISIONS 36Section 1. Active subdivision development. 37 A plat and/or improvement plans for a subdivision that has been approved under the subdivision regulations 38adopted by the City Commission on March 25, 1959, and amendments thereto, may be completed as approved 39under those regulations with respect to the approved plans and/or plat. Additions thereto which have not been 40approved shall be subject to the requirements of these land development regulations. 41 42Section 2. Reversion of subdivided land to acreage. 43 The official records of Palm Beach County contain plats recorded prior to the adoption of these land 44development regulations governing development in the City of Boynton Beach. Such plats show areas within 45the City of Boynton Beach which have been platted as subdivisions, but which have either been partially 46improved or developed or remain unimproved or undeveloped. These areas, if fully or partially developed as 47platted, would not conform to the current needs of urbanization in the City of Boynton Beach as established 48herein. August 18, 2010 31 ENGINEERING DIVISION SERVICES 1 2 A. The Boynton Beach, Florida, City Commission shall have the power, on its own motion, to order the 3vacation and reversion to acreage of all or any part of such subdivision within the incorporated areas of the City 4of Boynton Beach, including the vacation of streets or other parcels of land dedicated for public purposes or 5any portion of such streets or other parcels. 6 7 B. Such order of vacation and reversion of subdivision plats may only be made by the City Commission 8under the following conditions: 9 10 1. A plat of the subdivision was recorded as provided by law not less than five (5) years before the date 11of proposed reversion to acreage; and 12 13 2. In the subdivision or part thereof proposed to be reverted to acreage, not more than thirty-five per 14cent (35%) of the unimproved portion of the subdivision area has been sold as lots with sixty-five per cent 15(65%) left under one ownership. 16 17 C. Prior to ordering such a vacation and reversion to acreage the City Commission shall hold a public 18hearing relative to the proposed vacation and reversion to acreage, with prior notice thereof being given by 19publishing in a newspaper of local circulation the date of and the subject matter of the hearing at least once 20within the two-week period preceding the date of such public hearing. At such public hearing, the vacation and 21reversion to acreage of subdivided land must be shown to conform to the comprehensive plan of the area and 22that the public health, safety, economy, comfort, order, and welfare will be promoted thereby. No owner of any 23parcel of land in a subdivision so vacated shall be deprived of reasonable access to or from such parcel to which 24such parcel has theretofore had access. Access after such vacation and reversion need not be the same as 25theretofore existing, but shall be reasonably equivalent thereto. 26 27 D. The owner or owners of a subdivision subject to vacation and reversion to acreage may at their option 28vacate or abandon the subdivision or portion thereof, or may improve undeveloped rights-of-way or rights-of- 29way which have been partially improved at their cost and expense, provided such improvements comply with 30the provisions of this ordinance and are acceptable to the City Commission for maintenance. 31 32Section 3. Improvement of existing partially developed subdivisions not subject to vacation and reversion to 33acreage. 34 The improvement of existing partially developed subdivisions not subject to vacation and reversion to 35acreage shall comply with the requirements of this ordinance and the following: 36 37 A. ROAD AND STREET RIGHTS-OF-WAY. The existing right-of-way for local streets shall be 38considered sufficient, provided it is at least fifty (50) feet wide and the improvements comply with the fifty-foot 39typical section for road construction contained in city standards. If the existing right-of-way is less than fifty 40(50) feet wide, additional right-of-way shall be provided to make a total of not less than fifty (50) feet. 41 42 B. EASEMENTS. Easements for proper drainage shall be provided where necessary at a width adequate 43to accommodate the drainage facilities. A minimum width of twelve (12) feet shall be provided for 44underground storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to 45accommodate drainage facilities plus twenty (20) feet on one side to permit equipment to enter for maintenance 46purposes. 47 August 18, 2010 32 ENGINEERING DIVISION SERVICES 1 C. PLATTING. Compliance with platting sections of this ordinance are not required where the 2improvements are contained in existing platted rights-of-way and no additional right-of-way dedication is 3needed. Drainage rights-of-way and easements where a plat is not required shall be accomplished by separate 4instrument dedicating the easement and/or rights-of-way for such purposes. 5 6Section 4. Waiver. 7 In portions of a subdivision which are not under the control or ownership of the developer, the city engineer 8may waive the additional right-of-way requirement set forth in paragraphs A through C of Section 3 9hereinbefore, when it is shown to be impossible for the developer to acquire the required additional right-of- way. 10 11 12(Ord. 02-033, § 3, 8-20-02) 13 Section 3. Land Development Permit (LDP). 14 15 A. General. 16 17 1.Purpose and Intent. 18 The purpose and intent of this subsection is to set 19forth a well-defined application process, review criteria, and uniform procedure 20for the processing of land development permits, and to ensure that developments 21comply with the drainage requirements of the South Florida Water Management 22District and other external agencies, and the respective standards described in 23the Engineering Design Handbook and Construction Standards, the City’s Code 24of Ordinances, and these Land Development Regulations. 25 2.Applicabilty. 26 The land development permit (LDP) shall be required 27prior to the commencement of any new construction (or modification) of site 28improvements, required infrastructure, and activities listed hereunder. For the 29purposes of this subsection, a modification shall be construed to exclude simple 30maintenance and repairs of existing site improvements and infrastructure, as 31determined by the City Engineer or designee. The LDP shall be required for the 32following: 33 a.Impervious Surfaces. 34 Any new impervious surfaces of 35800 square feet or more; 36 b.Off-Street Parking Areas. 37 Off-Street parking, vehicular use 38area, and loading zones on private property as described in Chapter 4, 39Article VI (Parking Lot, Vehicular Use Area, and Loading Zone 40Standards); 41 c.Required Improvements. 42 Any drainage, storm water and 43wastewater systems, and the other required improvements (e.g. utilities, 44streets, sidewalks, pedestrian and bicycle paths, etc.) as described in 45Chapter 4, Article VIII (Roadways, Utilities, and Infrastructure Design 46Standards); 47 August 18, 2010 33 ENGINEERING DIVISION SERVICES d.Landscaping and Irrigation. 1 Landscaping, including its 2irrigation, located within rights-of-way or that which is required on 3private property pursuant to Chapter 4, Article II (Landscaping Design 4and Buffering Standards); 5 e. Clearing and Grubbing Activities. 6 Any proposal to cut 7down, move or remove, destroy, or effectively destroy through 8damaging any plant material protected under Chapter 4, Article I 9(Environmental Protection Standards). 10 f. Excavation and Fill Activities. 11Any excavation, grading, 12dredging, or fill activities pursuant to Chapter 4, Article XI (Excavation 13and Fill Regulations); 14 g.Exterior Lighting. 15 Any exterior site lighting located within 16public rights-of-way or that which is required in off-street parking areas 17or other vehicular use areas pursuant to Chapter 4, Article VII (Exterior 18Lighting Standards); and 19 h. Abutting Rights-of-Way. 20 The application for an LDP shall 21generally include any off-site improvements and construction activity 22proposed to, or within, an abutting or contiguous right-of-way; however, 23the City Engineer shall have the authority to require a right-of-way 24permit in those instances when the scope of work is such that it is not 25located within close proximity of the subject property or abutting right- 26of-way, and is a considerable distance off-site, and is not a direct 27component of the subject LDP. 28 3. Prerequisites to the Land Development Permit. 29 The City Engineer 30or designee shall not commence the review of a land development permit 31application in instances when the Director of Planning and Zoning or designee 32determines that a site plan or a modification thereof is necessary. See Chapter 2, 33Article II, Section 2.F for the site plan review process. In this section, the term 34“site plan” is also construed to include the master site plan and technical site 35plan review processes (see Chapter 2, Article II, Sections 3.A and 3.B, 36respectively). 37 38The review of an LDP application may occur concurrently with the review of a 39final plat in instances when the City Engineer determines a plat or replat is 40required, but in all instances, the LDP shall not be issued until the final plat is 41approved. 42 B. Submittal Requirements. 43 An application form for a land development permit 44shall be provided by the Engineering Division. Unless the City Engineer or designee 45determines otherwise, the applicant shall submit the completed form, pay the fee as 46adopted by resolution by the City Commission, and provide all documentation required 47hereunder: 48 August 18, 2010 34 ENGINEERING DIVISION SERVICES 1. Survey. 1 Seven (7) surveys sized 24” x 36”, not older than six (6) 2months, and one (1) additional copy sized 11” x 17”, showing the subject 3property and any affected rights-of-way, including alleys, shall be prepared and 4sealed by a licensed surveyor. The surveys shall also illustrate the following: 5 a. 6 Total gross project acreage and square footage; 7 b. 8 North arrow, scale, and legend; 9 c. 10 Property boundaries, legal description, and property control 11number(s); 12 d. 13 Existing natural features, including but not limited to lakes, trees 14and other vegetation, soils, and topography; 15 e. 16 Existing buildings and structures, including dimensions, height, 17and use; 18 f. 19 Existing utility lines and easements; 20 g. 21 Existing ground elevations (street and finished floor); and 22 h. 23 Permanent reference monuments and permanent control points as 24required by Chapter 4, Article VIII, Section 4. 25 2. Site Plan. 26 Seven (7) site plans sized 24” x 36” and one additional (1) 27copy sized 11” x 17” shall be prepared and sealed by a professional architect, 28engineer, or landscape architect registered in the State of Florida. The site plan 29shall be drawn to scale and indicate the following: 30 a. 31 Total gross project acreage and square footage; 32 b. 33 North arrow, scale, and legend; 34 c. 35 Future Land Use Map Classification (FLUM) and Zoning 36District (from Official Zoning Map); 37 d. 38 Tabular summary indicating the total building area expressed in 39square footage, including nonresidential floor area (if applicable) and 40intended use of such floor area; 41 e. 42 Tabular summary indicating the total number of dwelling units 43(if applicable), including characteristics such as number of bedrooms, 44bathrooms, and size of each typical unit; 45 f. 46 Tabular summary indicating square footage and percentage 47distribution of the total project site, including areas proposed for August 18, 2010 35 ENGINEERING DIVISION SERVICES 1landscaped open space, vehicular use areas and other paved surfaces, 2building coverage, and pervious and impervious surfaces; 3 g. 4 Tabular summary indicating number and ratio (methodology) of 5required and provided off-street parking spaces and loading zones; 6 h. 7 Existing buildings and structures which are to remain, and any 8proposed buildings and structures, including dimensions, height, 9setbacks, and use; 10 i. 11 Proposed off-street parking spaces, loading zones, and vehicular 12use areas (i.e. driveways), including dimensions, setbacks, traffic control 13markings, and signage; 14 j. 15 Proposed sidewalks and pedestrian areas, including dimensions 16and setbacks; 17 k. 18 Proposed fences and walls, including dimensions, setbacks, 19height, and material; 20 l. 21 Proposed location of exterior freestanding lighting fixtures; and 22 m. 23 Proposed dumpster or trash receptacle location(s). 24 3. Civil Engineering Drawings. 25 Seven (7) civil engineering 26drawings sized 24” x 36” and one additional (1) copy sized 11” x 17” shall be 27prepared and sealed by a professional engineer registered in the State of Florida. 28 The civil engineering drawings shall be drawn to scale and illustrate the same 29general information as that shown on the site plan following (including 30associated easements and dedications), in addition to containing the following: 31 a. 32 Paving and grading; 33 b. 34 Potable water and sanitary sewer systems; 35 c. 36 Stormwater management and drainage calculations that were 37used in the design of the water management system; 38 d. 39 Stormwater pollution prevention plan (SWPPP) and / or Erosion 40and Sedimentation Control (ESC) plan; 41 e. 42 Typical sections and summary of quantities; 43 f. 44 Street lighting; and 45 g. 46Traffic control markings. 47 August 18, 2010 36 ENGINEERING DIVISION SERVICES 4. Landscape Plan. 1A detailed landscape plan shall only be required 2for those permit applications associated with the required landscaping as 3described in Chapter 4, Article II or by the Engineering Design Handbook and 4Construction Standards. The applicant shall be required to submit seven (7) 5landscape plans sized 24” x 36” and one (1) additional copy sized 11” x 17”, all 6of which drawn to scale, and prepared and sealed by a professional landscape 7architect in the State of Florida. The plans shall illustrate the same general 8information as that shown on the site plan, in addition to containing the 9following: 10 a. 11 Proposed vegetation (trees and shrubs), including species, height, 12and size, and any which are to remain; 13 b. 14 Locations of protected or specimen trees; 15 c. 16 Tabular summary of plant list indicating type of plant by 17common and botanical name, and quantity; 18 d. 19 Proposed berms, watercourses, and other topographic features; 20 e. 21 A notation on the method of irrigation; and 22 f. 23 Locations of required trash receptacles, bicycle racks, and trash 24receptacles. 25 5. Irrigation Plan. 26 A detailed irrigation plan shall only be required 27for those permit applications associated with landscaping and irrigation lines as 28regulated under Chapter 4, Article II (Landscape Design and Buffering 29Standards) or by the Engineering Design Handbook and Construction Standards. 30 The applicant shall be required to submit seven (7) irrigation plans sized 24” x 3136” and one (1) additional copy sized 11” x 17”, all of which drawn to scale, 32and prepared and sealed by a professional landscape architect in the State of 33Florida. The plans shall illustrate the same general information as that shown on 34the site plan, in addition to containing the following: 35 a. 36 Location and size of public water meter(s) (domestic and 37reclaimed) service(s), well or lake water or cistern storage source, 38pressure tank and rust chemical treatment. 39 b. 40 Location and size of backflow prevention device, and automatic 41smart controller; 42 c. 43 Static water and design pressure at point of connection and 44pressure-regulation valve shall be installed and maintained if static 45service pressure exceeds 80 pounds per square inch. The pressure 46regulating valve shall be located after the meter. 47 d. 48 Location of power source (single or three phase); August 18, 2010 37 ENGINEERING DIVISION SERVICES 1 e. 2 Location, type, size, and depth of all irrigation main and lateral 3lines, and sleeves; 4 f. 5 Location, type, size, circuit number, and gallons per minute, 6precipitation rate and plant types for each control valve; 7 g. 8 Location and type of all irrigation heads, quick couplers, gate 9valves, automatic flush valves, air vacuum relief valves, soil moisture 10sensors, control switches, pumps, starters, and other related equipment; 11 h. 12 Installation details and outline specifications for backflow 13prevention device, metal caging, controller, control valves, quick 14couplers, emitter heads, drip lines and emitters, automatic and / or 15manual flush valves, air vacuum, relief valves, main line and later line 16pipe, wire connection details, and all other irrigation related operations; 17 i. 18 Irrigation legend with symbol, size, manufacturer, model 19number, PSI and GPM shown on each sheet; 20 j. 21 Irrigation general notes and outline specification and applicable 22to project; and 23 k. 24 Weekly and monthly watering schedule for each hydrozone, 25 l. 26Calculations for estimated monthly water savings. 27 6. Tree Management Plan. 28A detailed tree management plan shall only 29be required for those permit applications associated with the removal of plant 30material as regulated under Chapter 4, Article I (Environmental Protection 31Standards). The applicant shall be required to submit seven (7) tree 32management plans sized 24” x 36” and one (1) additional copy sized 11” x 17”, 33all of which drawn to scale, and prepared and sealed by a professional landscape 34architect in the State of Florida. The tree management plan shall illustrate the 35same general information as that shown on the site plan. The plan shall 36illustrate the trees that are to remain in place, as well as those which are to be 37relocated elsewhere on-site, including a notation regarding the reason for 38relocation. The plans shall also indicate the trees that are proposed to be 39removed and the reason for such removal. 40 7. Photometric Plan. 41 A detailed photometric plan shall only be required 42for those permit applications associated with exterior lighting as regulated under 43Chapter 4, Article VII (Exterior Lighting Standards) or by the Engineering 44Design Handbook and Construction Standards. The applicant shall be required 45to submit seven (7) photometric plans sized 24” x 36” and one (1) additional 46copy sized 11” x 17”, all of which drawn to scale, and prepared and sealed by a 47professional engineer in the State of Florida. The plans shall illustrate the same August 18, 2010 38 ENGINEERING DIVISION SERVICES 1general information as that shown on the site plan, in addition to containing the 2following: 3 a. 4 Detail of each type of exterior freestanding lighting fixtures, 5including material, color(s), height, and sizes; 6 b. 7 Illumination levels (in footcandles), including a summary table 8indicating the average, minimum, and maximum footcandle levels; 9 c. 10 Certification of compliance with the latest edition of the Florida 11Building Code and the capacity to withstand 140 MPH wind load; and 12 d. 13 Proposed conduit routing. 14 8.Grading Plan 15. A detailed grading plan shall only be required for 16those permit applications associated with excavation, grading, dredging, or fill 17activities as regulated under Chapter 4, Article XI (Excavation and Fill 18Regulations). The applicant shall be required to submit seven (7) grading plans 19sized 24” x 36” and one (1) additional copy sized 11” x 17”, all of which drawn 20to scale, and prepared and sealed by a professional engineer registered in the 21State of Florida. The plans shall illustrate the following: 22 a. 23 A topographical map depicting existing grade, paved conditions, 24and vegetation on the referenced property and to a point 50 feet off the 25property in all directions; 26 b. 27 A phasing plan, where applicable; 28 c. 29 Soil borings indicating the depth of the various materials to be 30dredged or excavated; 31 d. 32A map indicating the location of soil borings; 33 e. 34 A topographical map with finished land elevations shown; 35 f. 36 A description of the method(s) involved in the excavation; 37 g. 38 A listing of the person or persons responsible for the work 39proposed; 40 h. 41 Tabulation of the amount of material to be moved; 42 i. 43 Plans for the abatement of nuisances such as the flowing of dust 44and sand; 45 j. 46 The steps to be taken to protect the water resources, if applicable; 47 k. 48 The height and location of proposed stockpiles; August 18, 2010 39 ENGINEERING DIVISION SERVICES 1 l. 2 The duration of stockpiling; 3 m. 4 The duration of the work; 5 n. 6 Traffic plans to include the treatment of internal roads, private or 7public street crossings; 8 o. 9 Points of ingress and egress to the site; 10 p. 11 Location of turn lanes, if appropriate; and 12 q. 13 Methods to ensure public safety during and after the work to be 14performed. 15 9.Native Florida Ecosystem Survey or Inventory 16. A detailed Native 17Florida Ecosystem Survey or Inventory shall only be required for those permit 18applications associated with the development of environmentally sensitive lands 19in accordance with Chapter 4, Article I (Environmental Protection Standards). 20The evaluation of any proposed alteration of lands which are found to be 21environmentally sensitive shall be prepared by a professional biologist. The 22applicant shall be required to submit (7) surveys or inventories, sized 24” x 36” 23and one (1) additional copy sized 11” x 17”, all of which drawn to scale. The 24surveys or inventories shall illustrate the following: 25 a. 26 Site location map with the specific property clearly indicated; 27 b. 28 Aerial photograph with the specific property clearly indicated 29(scale: one {1} inch equals 600} feet or less); 30 c. 31 Detailed map of existing terrestrial and aquatic vegetation, 32including exotic species within the jurisdictional limits of wetland 33jurisdiction of the U.S. Army Corps of Engineers and the Florida 34Department of Environmental Regulation; 35 d. 36 Soil types and conditions; 37 e. 38 List of endangered, threatened and rare species and species of 39special concern found on the site; 40 f. 41 Areas or sites where colonies of birds are nesting or roosting or 42where migratory species are known to concentrate; 43 g. 44 Archaeologically and / or historically significant features as 45identified or recognized by State or Federal regulations; 46 h. 47 Geologically significant features; 48 August 18, 2010 40 ENGINEERING DIVISION SERVICES i. 1 Areas of previous disturbance or degradation, including present 2and past human uses of site; 3 j. 4 Surrounding land uses; 5 k. 6 Conceptual footprint of site development, including buildings, 7roadways, parking areas, utilities, water features, flood control 8structures, stormwater systems, wellfield locations, landscaped areas, 9buffer areas, preserve areas, and other open space areas, as an overlay to 10vegetation mapping; 11 l. 12 Status of development approvals, including permit applications; 13and 14 m. 15 Project Operation. 16 17(1) Description of proposed operations to be performed on 18the site including use, storage, handling or production of 19substances known to be harmful to humans, plants and/or 20animals; 21 22(2) Identification of any pollutants expected to be emitted 23during project operation; 24 25(3) Identification of timing and source of noise and / or 26vibration impacts on resident and adjacent human and animal 27life; and 28 29(4) Project Alternatives. 30 31(a) Discussion of project alternatives should be 32provided, including options considered and rejected and 33the rationale for rejection of each option considered; and 34 35(b) Mitigation considerations should be discussed in 36detail as they relate to possible loss of habitat or impact 37on endangered, threatened or rare animal and plant 38species, or species of special concern. 39 C. Review Criteria. 40The land development permit shall be consistent with the 41corresponding site plan and final plat, and comply with the standards and requirements 42pertaining to paving, grading, and drainage as described in the City’s Code of 43Ordinances, Land Development Regulations, Engineering Design Handbook and 44Construction Standards, and as regulated by the South Florida Water Management 45District and other external agencies. 46 D. Approval Process. 47 48 August 18, 2010 41 ENGINEERING DIVISION SERVICES 1.Initial Review. 1 Within 20 business days following the submittal 2of a land development permit application, the City Engineer or designee shall 3review the civil engineering drawings to ensure that the paving, grading, and 4drainage complies with the review criteria of Section 3.C above. If deficiencies 5persist on the drawings, the City Engineer shall provide the applicant’s engineer 6of record with a written account of all the issues, citing the specific chapter, 7article, section, and paragraph. Upon receipt of such findings, the engineer of 8record shall make the necessary corrections or revisions as defined in the written 9statement, and resubmit the civil engineering drawings to the Engineering 10Division. 11 2.Technical Compliance and Issuance of Permit. 12 Once the drawings 13are found to be acceptable, the City Engineer or designee shall issue a written 14statement of technical compliance, and notify the applicant of any fees, surety 15(in accordance with Section 6 below based on the cost estimates provided by a 16duly licensed professional in the State of Florida), and permits that are required 17from any external agencies, such as from the South Florida Water Management 18District or Department of Transportation. The LDP shall be issued by the 19Engineering Division once the aforementioned items, the final plat, and any 20other documents required by the City Engineer or designee, are found to be 21acceptable and meets the provisions of this ordinance. The applicant will then 22be allowed to commence work on the impervious surface, off-street parking, 23vehicular use areas and loading zones, paving, grading, and drainage systems, 24and other required improvements as specified in Section 3.A.2 above. 25 3.Construction Activity. 26 Construction shall be performed under the 27surveillance of, and at all times, be subject to review by the City Engineer or 28designee; however, this no way shall relieve the Florida-registered engineer of 29record of responsibility for administration, coordination, and final compliance 30with the approved plans, specifications, and all applicable rules, laws, ordinance, 31and resolutions. The City Engineer or designee shall have the authority to enter 32the property during the progress of construction. The applicant’s engineer of 33record shall submit construction progress reports at points of progress prescribed 34by the City Engineer, as well as final certification of completion of required 35improvements. The engineer of record shall coordinate joint reviews of 36construction with the City Engineer or designee. The City Engineer or designee 37shall have the authority to stop work upon failure of the developer or engineer of 38record to administer and / or coordinate the construction of the required 39improvements as prescribed by this ordinance. 40 4.Completion. 41 In order for final closeout and project completion of the 42required improvements, the engineer of record shall certify in writing that the 43required improvements were installed under his responsible direction; that all 44improvements conform with the approved civil engineering drawings, and all 45laws, regulations, codes, and ordinances.In addition, the applicant’s engineer of 46record shall submit tests and reports (concerning the work and materials used 47during construction of the required improvements), in addition to as-built August 18, 2010 42 ENGINEERING DIVISION SERVICES 1drawings on a high quality time stable reproducible material showing the 2original design as compared to the actual finished work. 3 E. Expiration. 4 All required improvements shall be completed within one (1) year 5of the date of issuance of the LDP. Unless the time period is otherwise extended, the 6permit shall become null and void if the applicant is unable to complete the work within 7the stated timeframe. 8 F. Extension. 9An applicant may petition the City Engineer to extend the 10approval of a land development permit for an additional time period, not to exceed one 11(1) year, provided that such written request for extension is filed 30 days prior to the 12expiration of the preceding one (1) year period. The fee for the extension shall be in the 13amount as adopted from time to time by the City Commission. 14 G.Miscellaneous. 15 No Certificates of Occupancy will be issued for buildings 16in the platted developments until all required improvements are completed, approved, 17and / or accepted by the City, except that it is the prerogative of the developer to post an 18additional 110% surety for work that may be more prudently put in place subsequent to 19building construction, such as sidewalks and landscaping. Certificate of occupancies 20will not be issued until such work is approved and / or accepted by the City as 21completed. 22 23Section 6. Application for permit. 24 All permits required under Section 5 shall be obtained by making application for the permit to the 25development department. The application shall be accompanied by a written statement specifying the location 26of the property and the expected land use and indicating the reasons for removal, relocation or replacement of 27trees thereon. Said application shall be accompanied by four (4) copies of a legible site plan drawn to a 28minimum scale of one inch equals twenty (20) feet unless, in the discretion of the city inspector, it has been 29determined that a lesser detailed scale site plan of the area involved, either in whole or in part, will be sufficient 30for the purposes of this article in which case an appropriate substitution shall be acceptable. Aerial 31photographs having a minimum scale of one inch equals fifty (50) feet may also be submitted for consideration 32of the city inspector as such an acceptable substitute for a site plan. 33 34Section 7. Site plan information. 35 Site plans submitted in connection with applications for permits for the removal, relocation or replacement 36of trees shall include the following information and details which shall be summarized in license form on the plan: 37 38 39 A. Location of all existing or proposed structures, improvements and site uses, property dimensioned and 40referenced property lines, setback and yard requirements and spatial relationships. 41 42 B. Existing and proposed site elevations, grades and major contours. 43 44 C. Location of existing or proposed utility services. 45 46 D. The common and botanical names, sizes and location of all trees or shrubs on the site, designating the 47trees, shrubs or natural vegetative cover which are respectively to be retained, removed, relocated or replaced. August 18, 2010 43 ENGINEERING DIVISION SERVICES 1Groups of trees in close proximity may be designated as “clumps” of trees with the predominate type, estimated 2number and average diameter noted. 3 4Section 8. Alternate site plan information. 5 In the event that there are no trees, shrubs or vegetative cover located on the site to be developed which are 6requiredto be protected under the provisions of this article, the applicant shall so state in his application for 7permit hereunder. If such statement is substantiated by a field inspection of the site by the city inspector, the 8applicant shall be relieved of the necessity of supplying unnecessary or unimportant information. 9 10Section 9. Pre-application inspection service. 11 In connection with the applications under the alternate site plan procedure and in connection with 12applications involving large tracts of property, the city inspector shall make his services available for pre- 13application inspections of the sites involved. 14 15Section 10. Application processing and review. 16 Upon receipt of a proper application pursuant to this article together with payment of a fee required thereon, 17the development department shall promptly review the same and shall forward said application to the 18appropriate city departments for their detailed examination review and report. 19 20Section 11. Issuance of permits. 21 If the building inspector, based upon the recommendations and findings of the city departments, is satisfied 22that the work of removing, relocating or replacing trees, shrubs or natural vegetative cover, described in the 23application for permit and the drawings filed therewith conform to the requirements of this article and the other 24laws and ordinances applicable, he shall issue a permit therefor to the applicant. 25 26Section 12. Special conditions for issuance of permits for removal. 27 No permit shall be issued for the removal of trees, shrubs or vegetative cover unless one of the following 28conditions exists: 29 30 A. The tree is located in the buildable area of yard area where a structure or improvements may be placed 31and it unreasonably restricts the permitted use of the property and such tree cannot reasonably be relocated 32elsewhere on the property. 33 34 B. The tree cannot be relocated on or off the site because of the age, type or size of the tree. 35 36 C. The tree is diseased, injured, in danger of falling, too close to existing or proposed structures, interferes 37with existing utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations. 38 39 D. Where tree removal is consistent with an approved subdivision plat or site plan. 40 41 E. It is in the welfare of the general public that the tree be removed for a reason other than set forth above. 42 43Section 13. Special conditions for issuance of permits for relocation or replacement. 44 Pursuant to an application for a permit to relocate trees which interfere with the buildable area of the site to 45an alternate location on the property or as a condition to the granting of a removal permit hereunder, the 46applicant may be permitted, where practical, to relocate the tree being removed to an appropriate new location 47on the site. Similarly, an applicant may be permitted to replace a tree being removed with another tree to be 48located elsewhere on the site. All replacement trees shall be of a type that will attain an overall height at August 18, 2010 44 ENGINEERING DIVISION SERVICES 1maturity of at least fifteen (15) feet and a trunk diameter at maturity of at least three (3) inches, measured four 2and one-half (4 1/2 feet above grade, and shall be a minimum of ten (10) feet in overall height when planted. 3 4Section14. Tree removal or relocation permit fee. 5 Permits for removal, relocation or replacement of trees pursuant to the regulations and controls provided 6under the city tree preservation ordinance are hereby established in accordance with the following schedule: 7 8 A. Three dollars ($3.00) per lot for each lot contained in the legal description of the property, or five 9dollars ($5.00) per acre, whichever is larger. 10 11 B. Minimum fee to be ten dollars ($10.00) per application. 12 13ARTICLE VII.LAND DEVELOPMENT PERMIT 14 A land development permit shall be required prior to commencement of construction of required 15improvements, except as provided in Chapter 6, Article I, Sec. 2. The land development permit shall be issued 16by the city engineer, in conjunction with approval of and agreement for construction of required improvements, 17and after formal approval of the final plat by the City Commission. The effective date of the land development 18permit shall be the date the city engineer signs it. The land development permit shall expire not more than 19twelve (12) months from the effective date, unless extended by the city engineer. As a final step in the review 20procedures to obtain development approval under this article, the developer shall have prepared and shall 21submit, prior to expiration of the technical compliance, a request for the land development permit. The 22application for the land development permit shall be accompanied by the required fee and the required number, 23as determined by the city engineer, of the following documents applicable to the subdivision or approved phase 24thereof: 25 26 A. FINAL PLAT. Developments which are platting shall submit the final plat complying with Article V 27of this chapter, and a check for the plat recordation, payable to the Clerk of the Circuit Court of Palm Beach 28County, in the required amount. 29 30 B. CERTIFIED SURVEY. Developments for which the requirement to plat has been waived pursuant to 31this chapter shall submit a check payable to the Clerk of the Circuit Court of Palm Beach County for the 32recordation of the survey. When construction plans are not required, the certified survey may be recorded 33without further review, provided, however, that the city engineer shall review any documents submitted in 34compliance with paragraph "C" below. 35 36 C. MAINTENANCE AND USE DOCUMENTS AND OTHER DOCUMENTS. A copy of the 37maintenance and use covenants and any other documents required by the city engineer as a condition of 38Technical Compliance shall be submitted. The maintenance and use covenants shall include the maintenance 39responsibility for all common areas and improvements within the subdivision, and shall comply with all 40applicable requirements. 41 42 D. CONSTRUCTION PLANS AND SUPPLEMENTAL ENGINEERING INFORMATION. 43Construction plans shall conform with the plans which received Technical Compliance or, if modified, shall be 44accompanied by a written statement from the Developer's engineer which details, explains, and justifies the 45modifications. Construction plans shall comply with the requirements of Chapter 6 and, prior to issuance of a 46land development permit, shall have received all applicable approvals of requisite governmental agencies. 47 August 18, 2010 45 ENGINEERING DIVISION SERVICES 1 E. DEVELOPER'S ACKNOWLEDGMENT OF RESPONSIBILITY FOR CONSTRUCTION OF 2REQUIRED IMPROVEMENTS. The request shall indicate whether the required improvements are to be 3constructed prior to recordation or after recordation of the plat or survey. When the required improvements are 4to be constructed after recordation, the Developer shall submit a statement acknowledging responsibility for 5completion of said required improvements. The statement shall be in the form contained in the latest version of 6Engineering Division's Design Handbook, and shall be executed by all owners shown on the applicable final 7plat. The statement shall be accompanied by a guarantee for completion of required improvements, pursuant to 8Chapter 6. Said guarantee shall meet the applicable requirements of paragraph "F" below. 9 10 F. GUARANTEES. All guarantees required pursuant to Chapter 6 shall be in one of the forms prescribed 11in the Engineering Division's Design Handbook or in an alternate form approved by the city attorney. The 12initial guarantee shall be in an amount equal to one hundred ten percent (110%) of the construction cost of the 13required improvements. The guarantee shall be in one of the following types: 14 15 1. Cash bond. Completion of the required improvements may be secured by cash deposited by the 16developer with the city or in an account subject to the control of the city in accordance with an agreement on 17such deposit or account. The developer shall be entitled to receive any interest earned on such deposit or 18account. 19 20 2. Letter of credit. Completion of the required improvements maybe secured by a clean irrevocable 21letter of credit issued to the city in accordance with the city letter of credit policy. The expiration date of the 22letter of credit shall be at least three (3) months after the completion date for construction of the required 23improvements pursuant to the initial land development permit of any subsequent extension thereto. 24 25 3. Performance or surety bond. Completion of the required improvements may be secured by a 26performance or surety bond obtained from a company acceptable to the city in accordance with the city policy 27on performance bonds. It shall guarantee that all work will be completed in full accordance with the approved 28land development permit. 29 30 4. Escrow deposit. Completion of the required improvements may be secured by an executed escrow 31agreement, between the Developer, a bank approved by the city, and the city as the third party beneficiary. The 32escrow agreement shall require that release of the funds, or any part thereof, shall be subject to city approval. 33 34(Ord. 02-033, §§ 2, 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03) 35 36ARTICLE VIII. SALE OR TRANSFER OF PROPERTY 37 It shall be unlawful for anyone who is the owner of any land to transfer, sell, agree to sell, or negotiate to 38sell such land by reference to, exhibition of or other use of a plat of a subdivision to such land without having 39submitted a plan and plat of such subdivision for approval as required by this ordinance and without having 40recorded the approved subdivision plat as required. If such unlawful use be made of a plat before it is properly 41approved and recorded, the owner or agent of the owner of such land shall be guilty of a misdemeanor of the 42first degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. 43 44 The City Commission may bring injunctive action to enjoin such transfer, sale or agreement. 45 46 Failure to comply with the provisions of this section shall not impair the title of land so transferred or 47affective validity of the title conveyed. However, a purchaser of land sold in violation of this section shall, August 18, 2010 46 ENGINEERING DIVISION SERVICES 1within one year from the date of purchase thereof, be entitled to bring an appropriate action to void such sale or 2to bring action against the seller for any damage which he suffers as a result of the seller's unlawful act, or both. 3 4CHAPTER 6.REQUIRED IMPROVEMENTS 5 6ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS 7Section 1. Construction methods. 8 Construction methods shall be those prescribed in the current “Department of Transportation Standard 9Specifications for Road and Bridge Construction.” 10 11Section 2. Administration of construction. 12 After issuance of a land development permit by the city engineer, a developer may construct the required 13improvements subject to obtaining all required permits. Construction shall be performed under the surveillance 14of, and shall at all times be subject to review by, the city engineer or his designee; however, this in no way shall 15relieve the developer and his or her Florida-registered engineer of the responsibility for administration, 16coordination and final compliance with the approved plans, specifications and all applicable rules, ordinances, 17resolutions, laws, etc. The city engineer or his designee shall have the right to enter the property during the 18progress of construction. The developer's engineer shall submit construction progress reports at points of 19progress prescribed by the city engineer, as well as final certification of completion of required improvements. 20The developer's engineer shall coordinate joint reviews of construction with the city engineer or his designee. 21The city engineer, or his designee, shall have the authority to stop work upon failure of the developer or his 22engineer to administer and/or coordinate the construction of the required improvements as prescribed by this 23ordinance. 24 25(Ord. No. 02-033, §§ 2-4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03) 26 27Section 3. Measurements and tests. 28 The city engineer may require, at his or her discretion, tests and measurements that he or she deems 29necessary. 30 31(Ord. No. 02-033, § 3, 8-20-02) 32 33Section 4. Construction documents. 34 A. PREPARATION & SUBMITTAL OF CONSTRUCTION DOCUMENTS. Upon approval of the 35master plan by the City Commission, the developer shall prepare and submit to the city engineer within six (6) 36months, six (6) copies of the proposed record plat, four (4) sets of signed and sealed construction plans, along 37with a non-reimbursable fee, as adopted by resolution of the City Commission, payable to the City of Boynton 38Beach. The development or subdivision of a large tract may be developed in two (2) or more phases and the 39developer may submit construction plans for approval to develop the project in phases. The construction plans 40and plat shall coincide with the master plan and/or site plan as approved or modified in accordance with city 41regulations, and any deviation desired by the developer must be approved by the Technical Advisory Review 42Team (TART) in the Planning and Zoning Division of the Department of Development by application from the 43developer and re-submittal of the conceptual development plans pursuant to the requirements of the Land 44Development Regulations (LDR). 45 46 B. CONSTRUCTION PLANS. 47 August 18, 2010 47 ENGINEERING DIVISION SERVICES 1 1. Construction plans shall be submitted for all the improvements required by this ordinance. The plans 2shall be under separate cover for each of the following when required: 3 4 a. Paving, grading and drainage 5 6 b. Bridges 7 8 c. Water and sewerage systems 9 10 d. Street lighting, landscaping within public rights-of-way, parks, recreational areas and parking 11areas. Plans for street lights shall have the approval of the requisite utility authorities involved. 12 13 2. The plans shall be so complete that from them a complete review and analysis can be made without 14research of any outside data. The plans shall consist of and contain, but shall not be limited to: 15 16 a. A cover sheet, including a vicinity sketch. 17 18 b. Plan showing complete details including water, sewer and storm drainage systems. 19 20 c. In addition to a master storm water management plan, complete calculations used to design the 21storm water system. 22 23 d. Typical sections and summary of quantities. 24 25 e. Construction details showing compliance with city standards, or alternate design as approved by 26the city engineer. 27 28 f. Special profile sheets, if necessary, showing special or unique situations. 29 30 g. Bench mark, based on N.A.V.D. datum. 31 32 h. Soil analysis, showing the locations and results of test borings of the subsurface condition of the 33tract to be developed. Where impervious soils are encountered, the plans shall reflect a satisfactory design to 34cope with such conditions. The city engineer may require additional design and construction as necessary to 35assure proper drainage and development of the area. 36 37 i. The plans shall contain the special conditions and specifications pertaining to the development or 38subdivision in note form on the plans, such as: 39 40 (1) Required compliance with this ordinance. 41 42 (2) Where applicable, required compliance with state standards as currently adopted and in use. 43 44 (3) Minimum standards for materials. 45 46 (4) Test requirements for stabilization, base and backfill. 47 48 (5) Source of water and sewer service. August 18, 2010 48 ENGINEERING DIVISION SERVICES 1 2 (6) Installation of subsurface construction such as waterlines, sewer lines, public utilities and 3storm drainage prior to compaction of subgrade and roadway construction. 4 5 (7) Plans and statements which show and describe how blowing sand, dust and other airborne 6particulates will be minimized. 7 8 3. Projects engineered by more than one firm shall be coordinated by a single engineering firm. 9 10 4. A certified cost estimate shall be prepared by the developer's engineer and shall include the cost of 11surveying, testing and all required improvements. 12 13 C. APPROVAL OF CONSTRUCTION PLANS. The city engineer, or his or her designee, shall review 14the construction plans as to their conformity with these land development regulations, and within twenty (20) 15working days from the date of the submittal of the plans, the city engineer shall inform the developer's engineer 16that the plans as submitted do or do not meet the provisions of this ordinance. 17 18 1. When the city engineer finds that the construction plans do not meet the provisions of this 19ordinance, the city engineer shall advise the developer's engineer in writing and reference shall be made to the 20specific article, section and paragraph with which the plans and plat do not comply. Upon such findings, the 21developer's engineer shall make the corrections or revisions as defined in the written statement and shall 22resubmit the construction plans. 23 24 2. When the city engineer determines that the construction plans meet the provisions of this ordinance, 25the city engineer will so advise the developer. 26 27 3. When the city engineer determines that the construction plans are not acceptable, the developer 28and/or the developer's engineer will consult with the city engineer to determine what changes are 29required.When the city engineer approves the construction plans, he or she shall so advise the developer's 30engineer and furnish a written statement of technical compliance and surety establishment. Upon receipt of 31technical compliance, the developer's engineer shall submit four (4) sets of construction plans, including copies 32of the health department's final water and sewer permits, at the time of submission of the final plat. 33 34 4. Technical compliance of the construction plans shall not constitute acceptance of the final plat; 35rather it shall be deemed a guide to the preparation of the final plat. 36 37 5. Technical compliance of the construction plans and optional preliminary plat shall not be construed 38as authority for filing the plat with the clerk of the circuit court of Palm Beach County, nor as authority for the 39sale of lots in reference thereto. 40 41 6. Building permits shall not be issued for any permanent structure on a lot wherein the final plat has 42not been recorded in the manner prescribed, unless the recording of the plat is not required by Chapter 5 of 43these Land Development Regulations. 44 45(Ord. No. 96-56, § 8, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 07-014, § 2, 7-3-07) 46 47Section 5. Completion of improvements. August 18, 2010 49 ENGINEERING DIVISION SERVICES 1 In order to obtain final approval of required improvements, the developer shall submit the following 2documents to the city engineer for acceptance: 3 4 A. ENGINEERS CERTIFICATION. The developer's engineer shall certify in writing that the required 5improvements were installed under his responsible direction; that improvements conform with approved 6construction plans and all laws, regulations, codes, etc. including, but not limited to, this chapter; and that the 7required improvements have been completed. 8 9 B. AS-BUILT DRAWINGS. One complete set of construction plans on a high quality time stable 10reproducible material showing the original design as compared to the actual finished work. 11 12 C. TESTS AND REPORTS. One complete set of all measurements, tests and reports made concerning 13work and materials during construction of the required improvements. 14 15(Ord. No. 02-033, §§ 3, 4, 8-20-02) 16 17Section 6. Time extensions. 18 All required improvements shall be completed within twelve (12) months of the date of issuance of the land 19development permit. Time extensions may be considered by the City Commission upon recommendation by 20the city engineer, after the developer presents a written request for extension to the city engineer at least thirty 21(30) days prior to the expiration of the existing permit. No time extension shall exceed one year. 22 23(Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03) 24 25Section 7. Obtaining Certificates of Occupancy. 26 No Certificates of Occupancy will be issued for buildings in the platted development or subdivision until all 27required improvements are completed, approved and / or accepted by the City, except that a developer may, at 28his option, post additional 110% surety in compliance with Chapter 7 for work which may be more prudently 29put in place subsequent to building construction such as sidewalks and landscaping. Certificates of Occupancy 30will not be issued for the final ten (10) percent of the buildings until such work is completed, approved and / or 31accepted by the city. 32 33(Ord. No. 96-56, § 9, 1-21-97; Ord. No. 07-005, § 2, 3-5-07; Ord. No. 07-014, § 2, 7-3-07) 34 Section 4. Right-of-Way Permit. 35 36 A. General. 37 38 1. Purpose and Intent. 39 The purpose and intent of this section is to set 40forth a well-defined application process, review criteria, and uniform procedure 41for the processing of permits to ensure that off-site improvements proposed 42within private and public rights-of-way, including alleys, comply with all 43applicable standards, regulations, and codes. 44 2. Applicability. 45No person shall construct, reconstruct, repair, 46alter, or grade in or upon any right-of-way without obtaining a permit from the 47Engineering Division, unless otherwise determined by the City Engineer or 48designee. This includes ancillary activities such as digging; scraping; August 18, 2010 50 ENGINEERING DIVISION SERVICES 1excavating; depositing and storing construction material or debris; installing 2new plant material; or removing, destroying, pruning, or cutting any existing 3tree, shrub, or similar plant. One hundred (100%) percent of a permit fee shall 4be assessed if work is started without a valid permit. 5 3. Scope. 6The permit shall entitle the applicant to work in a 7maximum of 1,600 linear feet of right-of-way. A separate permit must be 8obtained for each additional 1,600 linear feet of work. Where work is 9continuous, restoration must be completed on the first permit before a third 10permit may be issued. At no time shall more than two (2) permits be issued for 11one (1) location. For projects that consist of directional bore conduits only, the 12City Engineer, or designee may approve a permit exceeding a total length of 133,200 linear feet as one permit of work. The permit shall be in the custody of 14the applicant or agent at the work site. 15 B. Submittal Requirements. 16 An application form for a right-of-way permit shall 17be provided by the Engineering Division.Unless the City Engineer or designee 18determines otherwise, the applicant shall submit the completed form, pay the fee as 19adopted by resolution by the City Commission, and provide all documentation required 20hereunder, in the number of copies specified by the Division. 21 1. Name. 22 The names and addresses of the contractor performing the 23work, and the owner or company for whom the work is being performed; 24 2. Drawings and Plans. 25 An application for a permit shall be 26accompanied by five (5) copies of the plans and specifications showing the work 27to be done, the time required to complete such work and the estimated cost 28thereof. When the permit is issued, one (1) copy of such plans and 29specifications shall be returned to the applicant and the others shall be 30distributed to applicable divisions of the city and one (1) shall be retained by the 31City Engineer; 32 3.Hold Harmless Agreement. 33 An applicant for a permit shall agree to 34save the City, its officers, employees and agents harmless for any and all costs, 35damages, liabilities and attorney’s fees, which may accrue or be claimed to 36accrue by reason of any work performed under such permit. The acceptance of 37any permit under this chapter shall constitute such an agreement by the 38applicant; 39 4.Insurance. 40 When conducting work on behalf of the City, the 41applicant shall furnish the City with a satisfactory certificate of insurance or a 42statement from the administrator of a self-insurance program showing the 43required coverages, and containing a limitation that the insurance coverages may 44not be revoked except after 10 days written notice delivered to the City. The 45applicant’s insurance shall provide coverage against claims for personal injury 46as well as against claims for property damage which may arise from or out of 47the performance of the work, whether such performance be by himself or 48herself, his or her subcontractor or anyone directly or indirectly employed by August 18, 2010 51 ENGINEERING DIVISION SERVICES 1him or her. Such insurance shall cover, inter alia, collapse, explosive hazards 2and underground work by equipment on the street, and shall include liability 3arising from completed operations. The amount of the liability insurance for 4personal injury shall be not less than $500,000 per person, $500,000 per 5incident, and $100,000 for property damage; 6 5. Surety. 7The City Engineer shall have the authority to require an 8applicant to provide adequate surety, in order to protect, and save harmless, the 9City from all claims for damages or injury to other persons by reason of work 10under his permit. Such surety shall be equal to 110% of the estimated value of 11the project and provided in the manner prescribed in accordance with Section 6 12below; and 13 6. Miscellaneous. 14Any other information as the City Engineer shall 15find reasonably necessary to determine if a permit should be issued hereunder. 16 C. Review Criteria. 17 All work performed in public or private rights-of-way 18shall conform to either the Florida Department of Transportation Standards 19Specifications and Roadway and Traffic Design Standards (as applicable), the Manual 20of Uniform Control Devices (MUTCD) as applicable, or the Engineering Design 21Handbook and Construction Standards, or the latest supplements thereof. Except as 22provided herein, any person desiring to perform or have performed any of the acts 23covered by these Land Development Regulations wherein a permit is required shall 24secure such permit in accordance with the rules and regulations set forth in this section. 25 D. Conditions for Permits. 26 Unless otherwise determined by the City Engineer 27or designee, approval of all permit applications are subject to the following conditions: 28 1. Access to Streets and Alleys. 29 No person shall construct any 30access across any right-of-way on any improved or unimproved streets within 31the city without first obtaining a permit to do so from the City Engineer. This 32permit shall be issued if the following requirements are met: 33 a. 34 That access to the street will not create undue or unnecessary 35safety hazards; will not impede the safe and efficient flow of traffic and 36will be constructed in compliance with applicable laws, ordinances and 37specifications of the city; 38 b. 39 If the street to which access is desired is not improved with hard 40surface pavement, storm sewers, and curb and gutters, it shall be 41improved as follows by the person seeking access in accordance with 42city specifications approved by the City Engineer; 43 44(1)Curbs and gutters (if deemed appropriate) shall be 45constructed along the side of any street to which access is sought 46to the limits of the property. 47 August 18, 2010 52 ENGINEERING DIVISION SERVICES 1(2) Pavement shall be constructed in accordance with City 2standards of material similar or equivalent to the material used 3for the nearest paved portion of the street or streets as 4determined by the City Engineer, shall be constructed along the 5side of the street or streets to which access is sought to the limits 6of the property and beyond to the nearest paved portion of that 7street or streets. 8 9(3) Storm drainage (piped or swaled) shall be constructed 10along the street or streets to which access is sought to the limits 11of the property and connected to the nearest existing storm 12drainage in that street or streets. If the nearest paved portion of 13the street or streets is improved with storm sewers, then storm 14sewers shall be installed. 15 16(4) Traffic signals shall be installed along the street or streets 17to which access is desired if the property is used for other than 18single-family residential uses and if the traffic volume generated 19from the development of the property meets the warrants 20established by the Palm Beach County Traffic Engineering 21Division. 22 c. 23No person shall construct any access to any alley unless the 24following requirements are met: 25 26(1) Pavement shall be constructed in accordance with city 27standards and to the width of any existing improved alley, or if 28none of the alley is improved, to the limits of the alley right-of- 29way, along the alley to which access is sought from the limits of 30the property and beyond to the nearest paved portion of the alley; 31and 32 33(2) Adequate storm drainage shall be constructed so that 34storm water runoff from the property from which access to the 35alley is sought shall not cause damage to adjoining properties, or 36the adjacent alley or roadway, or erosion of the land. Such storm 37drainage shall be constructed in accordance with specifications 38as determined by the City Engineer consistent with city 39standards as amended from time to time, which shall assure that 40upstream and downstream drainage problems shall not result 41therefrom. 42 e. 43 The City Commission, after a public hearing before the Planning 44and Development Board and receipt of the findings and 45recommendations of such Board, may waive or vary any requirement of 46paragraph “b” above for good cause shown upon application by the 47persons seeking access. 48 August 18, 2010 53 ENGINEERING DIVISION SERVICES 2. Work within Right-of-Way. 1 2 a. 3 A sign shall be displayed at the work site indicating the name 4and telephone number of the contractor and the name of the applicant 5requesting the work. 6 b. 7 Devices used to safeguard job site and all traffic control devices 8and techniques shall conform to the current standards set forth in either 9the Florida Department of Transportation Standard Specifications for 10Road & Bridge Construction, Florida Department of Transportation 11Standard Index, Manual of Uniform Traffic Control Devices (MUTCD), 12and all applicable federal, state and local regulations. In the event 13proper traffic control is lacking or deficient, and is not corrected within 14one (1) hour upon notice, the City Engineer may stop work and revoke 15the permit. 16 c. 17 If the work to be undertaken by an applicant under this article is 18such that it will affect the use of properties abutting or adjoining the 19place where the work covered by the permit is to be done, the City 20Engineer shall require the applicant to submit a list of the names and 21addresses of the affected property owners and tenants, and the applicant 22shall notify the affected property owners and tenants of the proposed 23work. If the work to be undertaken by the applicant will affect other 24subsurface installations in the vicinity of the proposed opening, the 25applicant shall also notify the owners of such facilities of the proposed 26work. 27 d. 28 Work authorized by a permit shall be performed between the 29hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the 30applicant obtains written consent from the inspection officer to do the 31work at other times. Such permission shall be granted only in the 32following instances: 1) in case of emergency as determined by the City 33Engineer; 2) where safety and traffic control measures in accordance 34with city and FDOT standards are not feasible during these hours as 35determined by the City Engineer; 3) if the construction area is not within 36500 feet of any single or multi-family dwelling as determined by the 37City Engineer; or 4) for City work or activities whereby the City 38Manager determines that extended hours of work are necessary to 39complete the work in a timely fashion and to protect the public health, 40welfare and said feasibility of safety or traffic control measures. Any 41permit granted under this section may include other conditions on the 42applicant’s ability to work after 7:00 p.m. No such work will be 43permitted on Sunday unless authorized by the City Commission as 44necessary and convenient for the public health, welfare and safety. 45 e. 46 It shall be the duty of every person making any improvement in 47or upon any street, alley, roadway or public land to promptly remove 48therefrom all rubbish, debris or material not immediately required for August 18, 2010 54 ENGINEERING DIVISION SERVICES 1such improvement. In addition thereto, such person shall protect the 2place so improved or being improved, together with all material, articles 3or property used in connection therewith or taken therefrom, in a manner 4which the City shall direct and in such a way as to prevent injury or 5damage to persons or property. Every such person making any such 6improvements or part thereof shall be liable for all damages or injuries 7sustained on public property. 8 f. 9When it is necessary to cut pavement, the trench shall be 10backfilled in accordance with current City standard drawing(s) and 11specification(s). All backfilled areas within eight (8) feet of pavement 12shall be compacted / stabilized to meet current City standards. 13 g. 14 Every applicant shall place around the excavation or project 15such barriers, barricades, lights, warning flags and danger signs as shall 16be determined by the City Engineer to be necessary for the protection of 17the public. Additional safety requirements may be prescribed by the 18City Engineer where deemed necessary by him or her to protect adjacent 19private or public property. Whenever any person fails to provide or 20maintain the safety devices required by the City Engineer, such devices 21might be installed and maintained by the city. The amount of the cost 22thus incurred shall be paid by the applicant. 23 h. 24 Access to private driveways and alleys shall be provided except 25during working hours when construction operations prohibit such access. 26 Free access shall be provided at all time to fire hydrants. 27 i. 28 No more than 250 feet measured longitudinally shall be opened 29in any street at any one (1) time. 30 j. 31 All underground pipes, tiles, cables, etc., shall be located 32sufficiently ahead of trench excavation work to avoid damage to those 33facilities and to permit relocation if necessary. 34 k. 35 Pipes, drains, tiles, culverts or other underground facilities 36encountered shall be protected as directed by the City Engineer. 37 l. 38 Monuments, benchmarks, or datum points of concrete, iron or 39other lasting material set for the purpose of locating or preserving the 40lines of any street or property subdivision, or precise survey reference 41point within the City, shall not be removed or disturbed unless 42permission so to do is first obtained in writing from the proper 43government authority. Permission may be granted only upon conditions 44that the applicant shall pay all expenses incident to the proper 45replacement thereof, including the cost of a survey. 46 m. 47 When work performed by the applicant interferes with the 48established drainage system of any street or natural water way, provision August 18, 2010 55 ENGINEERING DIVISION SERVICES 1shall be made by the applicant for adequate temporary drainage to the 2satisfaction of the City Engineer and consistent with the provisions of 3this code. 4 n. 5 Excavated materials shall be laid compactly along the side of the 6trench or removed immediately from the site at the discretion of the City 7Engineer. Excavated material when piled alongside the excavation shall 8be kept trimmed so as to cause a minimum inconvenience to public 9travel. In order to expedite the flow of traffic or to abate a dirt or dust 10nuisance, the City Engineer may require the applicant to provide and use 11toe boards or bins. If the excavated area or storage area is muddy or 12causes inconvenience to pedestrians, temporary wooden plank walks 13shall be installed by the applicant as directed by the City Engineer. If 14the street is not wide enough to hold the excavated material without 15using part of the adjacent sidewalk, the applicant shall keep open a 16passageway at least one-half (1/2) of the sidewalk width along such 17sidewalk. 18 o. 19 When any earth, gravel or other excavated material is caused to 20roll or flow or is washed or otherwise deposited on any step and/or 21sidewalk, the applicant shall cause the same to be removed from the 22street or sidewalk before the end of the working day. In the event the 23earth, gravel or other excavated material so deposited is not so removed, 24the City Engineer shall cause such removal and the cost incurred thereby 25shall be paid by the applicant. Failure on the part of the applicant to 26make immediate payment of such cost upon demand shall be cause for 27revoking such permit. 28 p. 29Sidewalks, curbs, gutters and driveways, if removed for 30construction, shall be replaced in accordance with current city standards 31and specifications, and no pavement shall be placed without prior 32inspection of forms and excavation by the City Engineer or his or her 33designee. 34 q. 35 The restoration of any parkway areas shall be at least equal to the 36condition of the parkway prior to the construction. The restoration shall 37be completed within 10 working days from the time the area has been 38backfilled. 39 r. 40 Final restoration shall include removal of all construction rubble 41and dirt mounds from the area and removal of all dirt and dust caused by 42the construction from pavement. 43 s. 44All pavement replacement work within rights-of-way shall be 45guaranteed by the contractor for one (1) year, and any failure or 46problems developing due to the construction or reconstruction of the 47pavement will be the responsibility of the contractor, to be repaired by August 18, 2010 56 ENGINEERING DIVISION SERVICES 1him or her, as directed by the City Engineer, or designee, at no cost to 2the City. 3 E. Approval Process. 4 5 1.General. 6 Administrative review and action shall be conducted by 7the appropriate City departments. The City Engineer, or his or her designee, 8shall issue a permit hereunder when the work complies with the provisions of 9this code and the Land Development Regulations. 10 2. Inspections. 11A person doing work under this article, or his agent, shall 12call for inspection a minimum of 48 hours prior to starting work. The City 13Engineer or designee shall designate the day and hour that the inspection is to be 14performed, and an inspector shall be present at the commencement of the 15operation so as to review work in progress. Upon the completion of streets, 16sidewalks or other public ways, approval shall be required prior to release of 17surety. In the event it should be necessary to have the services of a Florida- 18registered engineer for any inspection, or technical approvals are deemed 19necessary by the City Engineer, such expenses shall be borne by the applicant. 20Inspection and approval of improvements in new subdivisions shall be in 21accordance with the provisions of the Engineering Design Handbook and 22Construction Standards and Land Development Regulations. 23 3. Temporary Approval. 24 For permits involving excavation 25activities, the City Engineer may grant a temporary verbal approval to any agent 26(who is not a regular employee) of the City, including the Utilities Department, 27for a permit in any street, alley, roadway or public land when such excavation is 28necessitated by an emergency. Such temporary approval shall be followed 29within 48 hours by a formal application for a permit as regularly required under 30the terms of this chapter. 31 4. Trees and Shrubs in Rights-of-Way. 32 For permits issued under 33another section or article or any other permit which affects trees or shrubs, or 34will have an affect on trees or shrubs, in rights-of-way or on City owned 35property, the Department of Public Works / Forestry and Grounds Division shall 36review and approve the permit before it is issued. 37 F. Expiration. 38 The right-of-way permit shall be valid for a period not to exceed 39six (6) months from the date of issuance. If construction of the improvement covered by 40the permit has not commenced within this time period, the permit shall expire, and be 41cancelled with written notice to the applicant. 42 G. Time Extension. 43An extension of the permit for a period not to exceed six 44(6) months may be requested in writing by the applicant if received by the Division 45prior to permit expiration. The fee for requesting a permit extension shall be approved 46by the City Commission and may be modified from time to time. The applicant shall 47provide justification for the requested time extension, and the City Engineer may grant August 18, 2010 57 ENGINEERING DIVISION SERVICES 1an extension if it is determined that such extension is necessary and not contrary to the 2public interest. In addition, the following shall apply: 3 1. 4 All extensions of permit time shall be calculated at 25% of the original 5total permit fee and shall extend the life of the permit for an additional six (6) 6month period. 7 2. 8 No fees shall be refunded when a permit has lapsed after work is started. 9 When a permit is revoked at the request of the applicant prior to lapsing due to 10time limits, and no work has been done, all but a basic fee of $250 to cover the 11cost incurred by the City Engineer shall be refunded. 12 13 14 15 16 H. Miscellaneous. 17 18 1. Lawful Use. 19Every permit issued under this article shall be granted 20subject to the right of the City or the applicant to use the street for any purpose 21for which such street may lawfully be used, not inconsistent with the permit. 22 2. Parameters of Permit. 23No applicant under this chapter shall 24perform work in an amount or quantity greater than that specified in the permit 25except upon approval by the City Engineer. Upon such approval, additional 26work may be done under the provisions of the permit an amount not greater than 2710% of the amount specified by the permit. Any fee or bond posted in 28connection with the original permit shall be deemed to and must cover any such 29additional work as may be approved by the City Engineer. 30 3. Default and Revocation. 31 Whenever the City Engineer shall find that 32a default has occurred in the performance of any term or condition of a permit, 33written notice thereof shall be given to the applicant and to the commercial bank 34issuing a letter of credit, if any. Such notice shall state the work to be done, the 35estimated cost thereof, and the period of time deemed by the City Engineer to be 36necessary for the completion of such work. After receipt of such notice, the 37applicant or the commercial bank shall within the time specified either cause the 38required work to be performed, or failing therein. If the required work is not 39performed within the specified time, the cash bond or letter of credit shall be 40utilized to reimburse the city for the cost of doing the work set forth in the 41notice. 42 43The City Engineer may revoke any permit after prior written notice to the 44applicant for the following: 1) violation of any provision of this chapter; 2) 45violation of any other applicable provision of this Code or any other ordinance 46or law relating to the work; or 3) existence of any condition or the doing of any 47act constituting or creating a nuisance or endangering the lives or property of 48others. August 18, 2010 58 ENGINEERING DIVISION SERVICES 1 2Written notice of any such violation shall be served upon the applicant or his 3agent engaged in the work. The notice shall contain a brief statement for the 4reason of the contemplated revocation of the permit. Notice shall be given 5either by personal delivery thereof to the person to be notified, by certified or 6registered United Stated mail addressed to the person to be notified, or by 7telegram addressed to the person to be notified. Such notice shall state the 8period of time which the applicant is being granted to correct the violation and 9to proceed with diligent prosecution of the work, which time shall be no less 10than 24 hours. 11 4. Restoration. 12 When any permit has been revoked and the work 13authorized by the permit has not been completed, the city may do such work as 14is necessary to restore the street or alley to a condition acceptable to the city. All 15expenses incurred by the City for such restoration shall be paid for by the 16applicant and may be removed from the cash bond or letter of credit that the 17applicant has filed with the city, and the bond or letter of credit shall so provide. 18 5. Abandoned Facilities. 19 Whenever any facilities existing in the 20streets or alleys of the city have been abandoned by the owners, the owner of 21such facilities shall be notified of the requirement to remove them, and if the 22owners shall fail to so remove them, the city may remove them and the owners 23shall reimburse the city for the cost thereof. Notice of the city’s order to remove 24abandoned facilities may be given either by personal delivery thereof to the 25person to be notified, or by certified or registered United States mail addressed 26to the person to be notified. For purposes of this section, abandoned facilities 27shall be defined to be facilities, which have not been utilized by the owner or 28any other person for a period of at least six (6) months, or facilities, which are 29no longer necessary or useful because they have been replaced in some other 30location on the property. 31 32ARTICLE II. CONSTRUCTION, REPAIR OR ALTERATION 33Section 1. Standards, permit required. 34 All work performed in public or private rights-of-way shall conform with the current Department of Public 35Works, Engineering Division's Engineering Design Criteria Handbook and Construction Standards Handbook 36Manual. Except as provided herein, any person desiring to perform or have performed any of the acts covered 37by this chapter wherein a permit is required shall secure such a permit in accordance with the rules and 38regulations set forth in this chapter. 39 40(Ord. No. 02-033, § 4, 8-20-02; Ord. No. 05-014, §§ 2, 3, 3-1-05) 41 42Section 2. Access to streets and alleys; permit required; improvements. 43 No person shall construct any access across any right-of-way on any improved or unimproved streets within 44the city without first obtaining a permit to do so from the City Engineer. This permit shall be issued if the 45following requirements are met: 46 August 18, 2010 59 ENGINEERING DIVISION SERVICES 1 A. The access to the street will not create undue or unnecessary safety hazards; will not impede the safe 2and efficient flow of traffic and will be constructed in compliance with applicable laws, ordinances and 3specifications of the city; 4 5 B. If the street to which access is desired is not improved with asphalt pavement, storm sewers, and curb 6and gutters, it shall be improved as follows by the person seeking access in accordance with city specifications 7approved by the City Engineer. 8 9 1. Curbs and gutters shall be constructed along the side of any street to which access is sought to the 10limits of the property, if nearest paved portion of that street is improved with curbs and gutters along one or 11both sides. 12 13 2. Pavement shall be constructed in accordance with city standards of material similar or equivalent to 14the material used for the nearest paved portion of the street or streets as determined by the City Engineer, shall 15be constructed along the side of the street or streets to which access is sought to the limits of the property and 16beyond to the nearest paved portion of that street or streets. 17 18 3. Storm drainage shall be constructed along the street or streets to which access is sought to the limits 19of the property and connected to the nearest existing storm drainage in that street or streets. If the nearest 20paved portion of the street or streets is improved with storm sewers, then storm sewers shall be installed. 21 22 4. Traffic signals shall be installed along the street or streets to which access is desired if the property 23is used for other than single-family residential uses and if the traffic volume generated from the development of 24the property meets the warrants established by the Florida Department of Transportation or Palm Beach County 25Traffic Engineering Division. 26 27 C. No person shall construct any access to any alley within the city without first obtaining a permit to do 28so from the City Engineer. This permit shall be issued if the following requirements are met: 29 30 1. Pavement shall be constructed in accordance with city standards and to the width of any existing 31improved alley, or if none of the alley is improved, to the limits of the alley right-of-way, along the alley to 32which access is sought from the limits of the property and beyond to the nearest paved portion of the alley. 33 34 2. Adequate storm drainage shall be constructed so that storm water runoff from the property from 35which access to the alley is sought shall not cause damage to adjoining properties or erosion of the land. Such 36storm drainage shall be constructed in accordance with specifications as determined by the city engineer 37consistent with city standards as amended from time to time, which shall assure that upstream and downstream 38drainage problems shall not result therefrom. 39 40 D. If the right-of-way to which access is sought has been improved after the effective date of this section 41pursuant to the requirements of paragraph B above, the person desiring access shall pay to the city that portion 42of the original cost of the improvements installed within the right-of-way abutting his or her property to the 43centerline of the right-of-way and to the side limits of his or her property. These recaptured costs shall be 44collected by the city and reimbursed to the person who paid for the improvement when installed, when and if 45the city collects these costs as aforesaid. 46 47 E. The City Commission, after a public hearing before the Planning and Development Board (PDB) or the 48Community Redevelopment Agency (CRA), and receipt of the findings and recommendations of such board, August 18, 2010 60 ENGINEERING DIVISION SERVICES 1may waive or vary any requirement of paragraph B above for good cause shown upon application by the 2persons seeking access. 3 4(Ord. No. 05-014, §§ 2, 3, 3-1-05) 5 6Section 3. Application, permit fees. 7 A. Application for a permit under this chapter shall be made on such forms as shall be provided by the 8City Engineer. No work shall commence until the City Engineer or his or her designee has authorized issuance 9of a permit therefore and such permit has been issued. For permits issued under another chapter or any other 10permit which affects trees or shrubs, or will have an affect on trees or shrubs, in rights-of-way or on city owned 11property, the Department of Public Works/Forestry and Grounds Division shall review and approve the permit 12before it is issued. 13 14 B. An application for a permit shall be accompanied by five (5) copies of the plans and specifications 15showing the work to be done, the time required to complete such work and the estimated cost thereof. When 16the permit is issued, one (1) copy of such plans and specifications shall be returned to the applicant and the 17others shall be distributed to applicable divisions of the city and one (1) shall be retained by the City Engineer. 18 19 C. An applicant for a permit shall agree to save the city, its officers, employees and agents harmless for 20any and all costs, damages, liabilities and attorney’s fees, which may accrue or be claimed to accrue by reason 21of any work performed under such permit. The acceptance of any permit under this chapter shall constitute such 22an agreement by the applicant. 23 24 Fees for work within rights-of-way shall be as established by the City Commission from time to time by 25resolution. A separate fee is payable for each type of work to be performed. 26 27(Ord. No. 02-033, § 4, 8-20-02; Ord. No. 05-014, §§ 2, 3, 3-10-04) 28 29Section 4. Permit issuance. 30 The City Engineer shall issue a permit hereunder when it is found: 31 32 A. That the plans for the proposed operation have been approved by the City Commission or that they 33have been approved in accordance with Land Development Regulations. 34 35 B. That the work will be done according to the standard specifications of the city for public work of like 36character. 37 38 C. That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand 39and necessity for parking spaces, and the means of egress to and from the property affected and adjacent 40properties. 41 42 D. That the health, welfare and safety of the public will not be unreasonably impaired. 43 44 E. Permits issued under authority of this chapter are nontransferable. 45 46 F. A copy of the permit issued under this chapter and a copy of the approved plans and specifications 47shall be kept and displayed in a conspicuous location at all times while such work is in progress at the location 48of the work. August 18, 2010 61 ENGINEERING DIVISION SERVICES 1 2(Ord. No. 02-033, § 3, 8-20-02; Ord. No. 05-014, §§ 2, 3, 3-1-05) 3 4Section 4.1. Insurance required for certain permits. 5 Each applicant for a permit under Article I, Sections 5, 7 and 9, and Article II, Section 2 of this chapter shall 6furnish the city with a satisfactory certificate of insurance or a statement from the administrator of a self- 7insurance program showing the required coverages, and containing a limitation that the insurance coverages 8may not be revoked except after ten (10) days written notice delivered to the city. The applicant’s insurance 9shall provide coverage against claims for personal injury as well as against claims for property damage which 10may arise from or out of the performance of the work, whether such performance be by himself or herself, his 11or her subcontractor or anyone directly or indirectly employed by him or her. Such insurance shall cover, inter 12alia, collapse, explosive hazards and underground work by equipment on the street, and shall include liability 13arising from completed operations. The amount of the liability insurance for personal injury shall be not less 14than five hundred thousand ($500,000) dollars per person, five hundred thousand ($500,000) dollars per 15incident, and one hundred thousand ($100,000) dollars for property damage. 16 17(Ord. No. 05-014, §§ 2, 3, 3-1-05) 18 19Section 4.2. Cash bond required for certain permits. 20 A. With each application for a permit under Article I, Sections 5, 7 and 9, and Article II, Section 2 of this 21chapter, an applicant shall furnish a surety to guarantee faithful performance of the work covered by the permit. 22 The surety shall be in accordance with one of the approved forms in the Engineering Design Manual. 23 24 B. The amount of the cash bond shall be not less than that as established by the City Commission from 25time to time by resolution. In lieu of a separate cash bond for each permit, an applicant anticipating more than 26one (1) permit application may furnish one cash bond in the amount of five thousand ($5,000) dollars to cover 27all permits. 28 29 C. The applicant shall deposit the cash bond with the City Clerk, and such bond so deposited shall be kept 30in a separate account and shall stand as security for the full and complete performance by the applicant of the 31work covered by such permit, subject to the following provisions: 32 33 1. If any direct cost to the city of any loss, damage, work, claim or liability arises out of the breach by 34the applicant, or any contractor or representative of the applicant, in the performance of the applicant’s 35obligations in connection with the work covered by such permit the applicant shall forfeit its bond. 36 37 2. Upon certification by the City Engineer of completion of the work covered by such permit, the 38balance of such cash bond shall be refunded by the city clerk to the applicant upon request. 39 40 3. In the event that the City Engineer shall determine that additional bond in excess of five thousand 41($5,000) dollars is required, the applicant shall furnish surety as noted in Section 6 below and prescribed in 42Chapter 7 of the Land Development Regulations in an amount equal to one hundred ten (110%) per cent of the 43estimated value of the work. If a letter of credit is provided, it shall be dated on or before the date of the permit 44application and shall be for a term to expire one (1) year after receipt by the permittee of a certificate of final 45inspection. 46 47(Ord. No. 05-014, §§ 2, 3, 3-1-05) 48 August 18, 2010 62 ENGINEERING DIVISION SERVICES 1Section 4.3. Rights of the city not affected by granting of permits. 2 Every permit issued under this chapter shall be granted subject to the right of the city or of any other person 3entitled thereto to use the street for any purpose for which such street may lawfully be used, not inconsistent 4with the permit. 5 6(Ord. No. 05-014, §§ 2, 3, 3-1-05) 7 8Section 4.4. Work to be commenced within thirty days. 9 Work for which a permit has been issued shall commence within thirty (30) days after the issuance of the 10permit therefore or within such extension of period of time as determined by the City Engineer upon good 11cause shown. If the work is not timely commenced, the permit shall automatically be terminated and the fee 12forfeited. Permits thus terminated may be renewed upon payment of an additional fee in the amount of the 13original fee. 14 15(Ord. No. 05-014, §§ 2, 3, 3-1-05) 16 17Section 4.5. Performance of additional work. 18 No permittee under this chapter shall perform work in an amount or quantity greater than that specified in 19the permit except upon approval by the City Engineer. Upon such approval, additional work may be done 20under the provisions of the permit an amount not greater than ten (10) per cent of the amount specified by the 21permit. Any fee or bond posted in connection with the original permit shall be deemed to and must cover any 22such additional work as may be approved by the City Engineer. 23 24(Ord. No. 05-014, §§ 2, 3, 3-1-05) 25 26Section 4.6. Expiration; extension of time. 27 Permits issued in accordance with the provisions of this chapter shall expire at the end of the period of time, 28which shall be set in the application for the permit. If the permittee shall be unable to complete the work within 29the time period, he or she shall, prior to the expiration of the permit, present in writing to the City Engineer a 30request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion 31of the City Engineer such an extension is necessary and not contrary to the public interest, he may grant the 32permittee additional time for completion of the work. 33 34 A. All extensions of permit time shall be calculated at twenty-five (25%) per cent of the original total 35permit fee and shall extend the life of the permit for an additional six (6) month period. 36 37 B. One hundred (100%) per cent of a permit fee shall be added if work is started without a valid permit. 38 39 C. No fees shall be refunded when a permit has lapsed after work is started. When a permit is revoked at 40the request of the permittee prior to lapsing due to time limits, and no work has been done, all but a basic fee of 41twenty-five ($25) dollars to cover the cost incurred by the City Engineer shall be refunded. 42 43(Ord. No. 05-014, §§ 2, 3, 3-1-05) 44 45Section 4.7. Default in performance, revocation. 46 A. Whenever the City Engineer shall find that a default has occurred in the performance of any term or 47condition of a permit, written notice thereof shall be given to the permittee and to the commercial bank issuing 48a letter of credit, if any.Such notice shall state the work to be done, the estimated cost thereof, and the period August 18, 2010 63 ENGINEERING DIVISION SERVICES 1of time deemed by the City Engineer to be necessary for the completion of such work. After receipt of such 2notice, the permittee or the commercial bank shall within the time specified either cause the required work to be 3performed, or failing therein. If the required work is not performed within the specified time, the cash bond or 4letter of credit shall be utilized to reimburse the city for the cost of doing the work set forth in the notice. 5 6 B. The City Engineer may revoke any permit after prior written notice to the permittee for: 7 8 1. Violation of any provision of this chapter. 9 10 2. Violation of any other applicable provision of this Code or any other ordinance or law relating to the 11work. 12 13 3. Existence of any condition or the doing of any act constituting or creating a nuisance or endangering 14the lives or property of others. 15 16 C. Written notice of any such violation shall be served upon the permittee or his agent engaged in the 17work. The notice shall contain a brief statement for the reason of the contemplated revocation of the permit. 18Notice shall be given either by personal delivery thereof to the person to be notified, by certified or registered 19United Stated mail addressed to the person to be notified, or by telegram addressed to the person to be notified. 20 Such notice shall state the period of time which the permittee is being granted to correct the violation and to 21proceed with diligent prosecution of the work, which time shall be no less than twenty-four (24) hours. 22 23(Ord. No. 05-014, §§ 2, 3, 3-1-05) 24 25Section 4.8. Restoration of street by city. 26 When any permit has been revoked and the work authorized by the permit has not been completed, the city 27may do such work as is necessary to restore the street or alley to a condition acceptable to the city. All expenses 28incurred by the city for such restoration shall be paid for by the permittee and may be removed from the cash 29bond or letter of credit that the permittee has filed with the city, and the bond or letter of credit shall so provide. 30 31(Ord. No. 05-014, §§ 2, 3, 3-1-05) 32 33Section 4.9. Abandoned facilities. 34 Whenever any facilities existing in the streets or alleys of the city have been abandoned by the owners, the 35owner of such facilities shall be notified of the requirement to remove them, and if the owners shall fail to so 36remove them, the city may remove them and the owners shall reimburse the city for the cost thereof. Notice of 37the city’s order to remove abandoned facilities may be given either by personal delivery thereof to the person to 38be notified, or by certified or registered United States mail addressed to the person to be notified. For purposes 39of this section, abandoned facilities shall be defined to be facilities, which have not been utilized by the owner 40or any other person for a period of at least six (6) months, or facilities, which are no longer necessary or useful 41because they have been replaced in some other location on the property. 42 43(Ord. No. 05-014, §§ 2, 3, 3-1-05) 44 45Section 5. Inspection, approval. 46 A. A person doing work under this article, or his agent, shall call for inspection a minimum of forty-eight 47(48) hours prior to starting work. The city engineer and/or his or her designee shall designate the day and hour 48that the inspection is to be performed, and an inspector shall be present at the commencement of the operation August 18, 2010 64 ENGINEERING DIVISION SERVICES 1so as to review work in progress. Upon completion of streets, sidewalks or other public ways, approval shall be 2required prior to release of surety. 3 4 B. In the event it should be necessary to have the services of a Florida-registered engineer for any 5inspection, or technical approvals are deemed necessary by the city engineer, such expenses shall be borne by 6the applicant. 7 8 C. Inspection and approval of improvements in new subdivisions shall be in accordance with the 9provisions of the Land Development Regulations. 10 11(Ord. No. 02-033, §§ 3, 4, 8-20-02) 12 13Section 6. Surety. 14 The city engineer shall have the authority to require an applicant to provide adequate surety to protect and 15save harmless the city from all claims for damages or injury to other persons by reason of work under his 16permit. Such surety shall be equal to one hundred ten per cent (110%) of the estimated value of the project. 17 18(Ord. No. 02-033, § 2, 8-20-02) 19 20Section 7. Work within rights-of-way. 21 A. Permit required; scope. No person shall begin to construct, reconstruct, repair, alter or grade in or 22upon any area of public or private rights-of-way in the city without first obtaining a permit as provided in this 23section. The permit shall entitle the applicant to work in a maximum of one thousand six hundred (1,600) 24linear feet of right-of-way. A separate permit must be obtained for each additional one thousand six hundred 25(1,600) linear feet of work.Where work is continuous, restoration must be completed on the first permit before 26a third permit may be issued. At no time shall more than two (2) permits be issued for one location. For 27projects that consist of directional bore conduits only, the city engineer, or his or her designee, may approve a 28permit exceeding a total length of three thousand two hundred (3,200) lineal feet as one permit of work. The 29permit shall be in the custody of the foreman or his or her designated representative at the work site. 30 31 B. Permit application. An applicant for the permit required under this section hereunder shall file with the 32city engineer an application showing the following: 33 34 1. Name and address of the contractor performing the work. 35 36 2. Name and address of the owner or company for whom the work is being performed, and the 37property abutting the proposed work area. 38 39 3. Location of the work area. 40 41 4. Attached plans or sketch, showing details of the proposed work. 42 43 5. Estimated cost of the work. 44 45 6. Such other information as the city engineer shall find reasonably necessary to determine if a permit 46should be issued hereunder. 47 August 18, 2010 65 ENGINEERING DIVISION SERVICES 1 C. Permit fees. Fees shall be as established by resolution of the City of Boynton Beach and shall 2accompany each application for a permit required under this section. 3 4 D. Permit issuance. The city engineer, or his or her designee, shall issue a permit hereunder when 5thework complies with the provisions of this code and the Land Development Regulations. 6 7 E. Sign required. A sign shall be displayed at the work site indicating the name and telephone number of 8the contractor and the name of the applicant requesting the work. 9 10 F. Safety precautions.Devices used to safeguard job site and all traffic control devices and techniques 11shall conform to the current standards set forth in the Florida Department of Transportation Standard 12Specifications for Road & Bridge Construction, Florida Department of Transportation Standard Index, Manual 13of Uniform Traffic Control Devices (MUTCD), and all applicable federal, state and local regulations. 14 15 G. Backfilling. When it is necessary to cut pavement, the trench shall be backfilled in accordance with 16current city standard drawing(s) and specification(s). 17 18 H. Opening to traffic. At the end of each work day completed backfill must be covered with asphalt and 19opened to traffic. In the event the final wearing surface cannot be scheduled, a temporary cold mix asphalt 20surface may be used. Temporary asphalt patches must be replaced with the final pavement within twenty (20) 21calendar days. Before final asphalt is placed, pavement edges shall be cut out with a saw along smooth, 22straight, uniform lines to provide a proper connection between old pavement and new pavement. 23 24 I. Guarantee of pavement. All pavement replacement work within rights-of-way shall be guaranteed by 25the contractor for one year, and any failure or problems developing due to the construction or reconstruction of 26the pavement will be the responsibility of the contractor, to be repaired by him or her, as directed by the city 27engineer, or his or her designee, at no cost to the city. 28 29 J. Work in improved parkways. When working in improved parkways, the applicant shall furnish written 30notification of the proposed construction to adjacent property owners prior to construction. The restoration of 31the parkway areas shall be at least equal to the condition of the parkway prior to the construction. The 32restoration shall be completed within five (5) working days from the time the area has been backfilled. 33 34 K. Replacement of sidewalks, curbs, gutters and driveways. Sidewalks, curbs, gutters and driveways, if 35removed for construction, shall be replaced in accordance with current city standards and specifications, and no 36pavement shall be placed without prior inspection of forms and excavation by the city engineer or his or her 37designee. 38 39 L. Compacting surrounding area. All backfilled areas within eight (8) feet of pavement shall be 40compacted/stabilized to meet current city standards. 41 42 M. Cleanup. Final restoration shall include removal of all construction rubble and dirt mounds from the 43area and removal of all dirt and dust caused by the construction from pavement. 44 45 N. Planting in swales and rights-of-way. Limited non-invasive planting may be allowed in swales and/or 46rights-of-way subject to the following conditions: 47 48 1. Planting cannot significantly interfere with maintenance of existing utilities, and; August 18, 2010 66 ENGINEERING DIVISION SERVICES 1 2 2. Layout with respect to plant material, location and size at maturity must be acceptable to both the 3city forester and the city engineer, and; 4 5 3. Planting must be consistent with Florida Department of Transportation, Palm Beach County and 6City of Boynton Beach regulations. 7 8 If planting is allowed and installed within swales and/or rights-of-way, the adjacent property owner 9assumes total responsibility for repairing/ restoring the swale/right-of-way to its original condition if the 10swale/right-of-way is disturbed for installation and/or repair of utilities either already inplace or constructed in 11the future. The property owner also assumes the maintenance responsibility for the swale/right-of-way as 12stipulated in the Landscape Code (Chapter 7.5, Article II, Section 5, Paragraph B). 13 14 O. Neighborhood Identification Signs. Identification signs for residential neighborhoods may be allowed 15in city-owned right-of-way subject to the following conditions: 16 17 1. Sign does not interfere with maintenance of existing utilities, and; 18 192. Sign does not interfere with vehicular visibility standards, and; 20 21 3. Sign is in conformance with this Chapter, Article IV, Section 1, Paragraph B, and; 22 23 4. Application is submitted by an incorporated association which represents the neighborhood and 24which completes an agreement to remove the sign upon demand by the City, and; 25 26 5. All appropriate provisions of this Chapter, Article II, Section 7 entitled, Work within rights-of-way, 27as well as Chapter 21, Signs, and Chapter 2, Zoning. 28 29(Ord. No. 96-62, § 2, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02) 30 31Section 8. Temporary permit. 32 The City Engineer may grant a temporary verbal approval for a permit to any agent (who is not a regular 33employee) of the city including the Utilities Department, in any street, alley, roadway or public land when such 34excavation is necessitated by an emergency. Such temporary approval shall be followed within forty-eight (48) 35hours by a formal application for a permit as regularly required under the terms of this chapter. 36 37(Ord. No. 05-014, §§ 2, 3, 3-1-05) 38 Section 5. Engineering Division Waivers. 39 40 A. General. 41 42 1. Purpose and Intent. 43 The purpose of this subsection is to provide an 44efficient relief process to allow for deviations from certain requirements and 45standards of the Engineering Design Handbook and Construction Standards, and 46Chapter 4 of the Land Development Regulations. The intent of this application 47is not to provide a means for circumventing any such requirement or standard August 18, 2010 67 ENGINEERING DIVISION SERVICES 1but to allow for a departure from the regulation upon demonstration that the 2subject request satisfies the intent of the review criteria contained herein. 3 2. Applicability. 4The City Engineer or designee may waive or 5modify any applicable requirement, standard, or regulation pertaining to the 6following: 7 a. Off-Street Parking and Vehicular Use Areas. 8 See Chapter 94 of the Engineering Design Handbook and Construction Standards 10(Volume I), and Chapter 4, Article VI, Section 3.B of these Land 11Development Regulations; 12 b. Driveway Openings and Access. 13See Chapter 4 of the 14Engineering Design Handbook and Construction Standards (Volume I), 15and Chapter 4, Article VI, Section 3.C of these Land Development 16Regulations; 17 c. Off-Street Loading Zones. 18 See Chapter 4, Article VI, Section 193.D of these Land Development Regulations; 20 d. Dumpster Enclosures. 21 See Chapter 4 of the Engineering 22Design Handbook and Construction Standards (Volume I), and Chapter 234, Article VI, Section 3.E of these Land Development Regulations; 24 e. Queuing and Stacking Requirements. 25 See Chapter 4 of the 26Engineering Design Handbook and Construction Standards (Volume I), 27and Chapter 4, Article VI, Section 3.F of these Land Development 28Regulations; 29 f. Fire Lanes. 30 See Chapter 4, Article VI, Section 3.G of these 31Land Development Regulations; 32 g. Exterior Lighting. 33 See Chapter 4 of the Engineering Design 34Handbook and Construction Standards (Volume II), and Chapter 4, 35Article VII of these Land Development Regulations; 36 h. Utilities. 37 See Chapter 5 of the Engineering Design 38Handbook and Construction Standards (Volume I), and Chapter 4, 39Article VIII, Section 3.B of these Land Development Regulations; 40 i. Roadways and Streets. 41 See Chapter 3 of the Engineering 42Design Handbook and Construction Standards (Volume I), and Chapter 434, Article VIII, Section 3.C of these Land Development Regulations; 44 j. Sidewalks. 45See Chapter 3 of the Engineering Design 46Handbook and Construction Standards (Volume I), and Chapter 4, 47Article VIII, Section 3.D of these Land Development Regulations; 48 August 18, 2010 68 ENGINEERING DIVISION SERVICES k. Pedestrian and Bicycle Paths. 1See Chapter 3 of the 2Engineering Design Handbook and Construction Standards (Volume I), 3and Chapter 4, Article VIII, Section 3.E of these Land Development 4Regulations; 5 l. Drainage, Stormwater, and Wastewater Systems. 6 See 7Chapter 5 of the Engineering Design Handbook and Construction 8Standards (Volume I), and Chapter 4, Article VIII, Section 3.G of these 9Land Development Regulations; 10 m. Canals and Waterways. 11See Chapter 4, Article VIII, 12Section 3.H of these Land Development Regulations; and 13 n. Excavation and Fill Activities. 14See Chapter 4, Article XI of 15these Land Development Regulations. 16 B. Submittal Requirements. 17 The applicant shall submit a letter that addresses 18the review criteria of Section 5.C. below, and pay the fee as adopted through resolution 19by the City Commission. For sidewalk waiver requests, a fee in lieu of sidewalk 20construction shall be initially set at $7.00 for each square foot of sidewalk waived for 21construction. This fee shall be annually adjusted by the City Engineer and shall be 22commensurate with prevailing cost for sidewalk construction. For all waiver requests, 23the applicant shall document the nature of the request, the extent of its departure from 24the standard regulation, and the basis for the request. The City Engineer may request 25plans and exhibits associated with the waiver, and any additional information or 26documentation that further justifies the request. 27 C. Review Criteria. 28 In each waiver request, staff shall review the proposed 29plans, exhibits, and any other documentation that is provided by the applicant. Staff 30shall consider the following when evaluating each waiver application: 1) the 31established character of the vicinity; 2) the future development pattern and need for 32capital improvements; 3) the best engineering practices and principles; 4) innovations in 33the industry; and 5) the reasonableness of the subject application to justify the waiver 34request. The City Engineer may use other determining factors when reviewing the 35appropriateness of each waiver application. 36 D. Approval Process. 37 The waiver application shall be reviewed by staff and 38action will be taken by the City Engineer or designee. 39 E. Expiration. 40 If a waiver was granted in connection with a site plan, then such 41waiver shall remain valid as long as the corresponding site plan approval remains in 42effect, or unless there is any amendment to the original waiver. If an amendment to the 43original waiver and / or approved site plan is proposed, and the City Engineer 44determines that such change would adversely affect the original waiver, then approval 45of a new (waiver) application shall be required. 46 Section 6. Surety. 47 48 August 18, 2010 69 ENGINEERING DIVISION SERVICES A. Purpose. 1This section establishes specific criteria and prerequisites for 2accepting surety by the city in conjunction with developer agreements, contracts, 3development related improvements and any other contractual obligations. 4 B. Applicability 5. Wherever surety is required within the Boynton Beach 6Code of Ordinances (Part II) and / or Land Development Regulations (Part III), it shall 7be provided in the form and manner prescribed hereunder. The type of surety shall be 8determined by the administrator of the code section involved, and shall be acceptable to 9the Boynton Beach City Attorney. Required improvements shall include all those items 10stipulated in Chapter 4, Article VIII, including restoration of the lands distributed by 11such improvements. Surety for required utility system improvements shall be 12coordinated directly with the Utilities Department, whether they will remain private or 13conveyed to the city upon completion of their construction. It shall also include any off- 14site areas disturbed to install any improvements required by the project. Surety shall be 15required for improvements associated with all planned developments, to wit, PCDs, 16PIDs, IPUD, PUDs, etc. With respect to required landscaping, the applicant may 17provide surety to the City in instances when such landscape requirements have not been 18met prior to the issuance of a certificate of occupancy or certificate of completion. 19 1.Amount. 20The amount of surety shall be equal to or greater than 21110% of the total obligation whether it be for restoration, abatement, 22maintenance, guarantee, fees in lieu of land dedication, required improvements, 23landscaping, or any other purpose, based on the cost estimate of a duly licensed 24professional in the State of Florida. 25 2.Reduction 26. From time to time during progress of the work the 27developer may request a reduction in the dollar amount of the surety on the basis 28of work completed, but in every case the remaining funds shall be sufficient to 29cover 110% of the cost to complete the obligation. In the case of surety for 30required improvements associated with subdivision development, five percent 31(5%) of the engineer's certified cost of required improvements shall be retained 32for one (1) year after acceptance of such improvements by the City Commission 33as a guarantee against defects in workmanship and material. Reduction of 34surety shall be approved by the City Manager without the necessity of City 35Commission approval. The final release of surety, when the surety is $20,000 or 36greater shall be approved by motion of the City Commission, with the written 37recommendation by the appropriate department and / or the City Engineer. 38Release of surety less than $20,000 shall be by the City Manager. 39 3. Default. 40 In the event of default by the developer or failure of the 41developer to complete the obligations within prescribed time limits, the city, 42after thirty (30) days written notice to the developer, shall cash the surety to 43ensure satisfactory completion of the obligations. 44 C. Types of Surety. 45 46 1. Letters of Credit. 47 48 August 18, 2010 70 ENGINEERING DIVISION SERVICES a. 1General. The face of the letter of credit must indicate the 2following: 3 4(1) The letter of credit is "clean.” 5 6(2) The letter of credit is irrevocable and shall remain 7enforceable until released by a resolution adopted by the City 8Commission. 9 10(3) The purpose or project for which the letter of credit is 11issued. 12 13(4) The specific amount of the letter of credit, in U.S. 14Dollars. 15 16(5) The method of disbursement of draws against the letter of 17credit. 18 19(6) The street address where draws against the letter of credit 20shall be made. 21 22(7) The letter of credit is enforceable in a court of competent 23jurisdiction in Palm Beach County, Florida, and is to be 24interpreted by Florida Law. 25 26(8) The name and street address of a designated agent within 27the State of Florida for acceptance of process. 28 b.Rating. 29 At the time of issuance of the letter of credit, and 30at all times subsequent thereto and so long as the letter of credit is 31enforceable, the issuing financial institution must have a minimum "peer 32group" rating of fifty 50 in the latest Sheshunoff Quarterly Listing or a 33minimum rating of 125 in the latest IDC Bank Financial Quarterly 34Listing. The city Finance Department shall periodically verify this 35information. 36 37At any time during the life of the letter of credit, should the rating of the 38issuing financial institution fall below both of the minimum ratings 39indicated above, or should the financial institution merge with another 40financial institution or have a conservator or receiver appointed to 41supervise or control the operation of its business or become insolvent, 42the contractor/developer must, within 60 calendar days after notification 43by the city: 44 45(1) Replace the existing letter of credit with a replacement 46letter of credit from a financial institution with either of the 47minimum ratings as specified above; or 48 August 18, 2010 71 ENGINEERING DIVISION SERVICES 1(2) At the city's option, the letter of credit may be replaced 2by other surety acceptable to the city in accordance with the 3city's existing surety policies. 4 c.Rating Non-Compliance 5. Failure to comply with this 6provision may result in any or all of the following actions by the city: 7 8(1) Suspension of the contractor/developer's right to pull 9building permits and schedule inspections; 10 11(2) Issuance of a stop work order; and/or revocation of the 12land development permit. 13 14These actions shall be in effect until a satisfactory replacement 15surety is accepted by the city. 16 d. Legal Sufficiency. 17 No letter of credit shall be deemed 18accepted by the city until review and approval by the City Attorney's 19office for legal sufficiency, and by the Finance Department for the 20bank's rating. 21 e. Miscellaneous 22. Original letters of credit shall be 23maintained by the finance department and each shall be clearly 24identified as to the project or contract for which it is issued. 25 26Letters of credit accepted prior to approval of this article shall continue 27through the current expiration date of the letter of credit provided 28however, renewal of these existing letters of credit shall be in 29accordance with this policy for accepting letters of credit. 30 31The financial institution issuing any letter of credit must be authorized to 32do business in the State of Florida and shall show proof of same upon 33request of city staff. 34 2.Cash, Certified Check, or Cashier’s Check. 35 Completion of the 36required improvements may be secured by cash deposited by the developer with 37the City or in an account subject to the control of the City in accordance with an 38agreement on such deposit or account. No interest shall be earned on such 39deposit or account. In lieu of a separate cash bond for each type of right-of-way 40permit that may be required for a given project, an applicant anticipating more 41than one (1) permit application may furnish one cash bond in the amount of 42$5,000 dollars to cover all right-of-way permits. 43 44The applicant shall deposit the cash bond with the Finance Department, and 45such bond so deposited shall be kept in a separate account and shall stand as 46security for the full and complete performance by the applicant of the work 47covered by such permit, subject to the following provisions: 48 August 18, 2010 72 ENGINEERING DIVISION SERVICES a. 1 If any direct cost to the City of any loss, damage, work, claim or 2liability arises out of the breach by the applicant, or any contractor or 3representative of the applicant, in the performance of the applicant’s 4obligations in connection with the work covered by such permit the 5applicant shall forfeit its bond. 6 b. 7 Upon certification by the City Engineer of completion of the 8work covered by such permit, the balance of such cash bond shall be 9refunded by the city clerk to the applicant upon request. 10 c. 11In the event that the City Engineer shall determine that additional 12bond in excess of $5,000 is required, the applicant shall furnish surety as 13noted herein in an amount equal to 110% of the estimated value of the 14work. If a letter of credit is provided, it shall be dated on or before the 15date of the permit application and shall be for a term to expire one (1) 16year after receipt by the permittee of a certificate of final inspection. 17 3. Performance or Surety Bond 18. Completion of the required 19improvements may be secured by a performance or surety bond obtained from a 20company acceptable to the city in accordance with the city policy on 21performance bonds. It shall guarantee all work will be completed in full 22accordance with the approved land development permit. 23 4.Escrow (Agreement) Deposit 24. An executed escrow agreement 25between the developer, a bank approved by the city and the city as the third 26party beneficiary may be established for this surety. The escrow agreement 27shall require that release of the funds, or any part thereof, shall be subject to city 28approval. The agreement shall be in accordance with the city policy on such 29escrow agreements. 30 31The Finance Department shall maintain an index of all surety, indicating at a 32minimum, the project name, the amount of surety, then names and contact 33information for all obligees of the surety, the date posted, the date reduced and 34the date released. 35 D. Acceptance and Maintenance of Required Improvements. 36 37 1. Workmanship. 38 The developer shall execute and deliver to the city 39a cash bond or other acceptable surety in an amount determined by the City 40Engineer, guaranteeing the required improvements whether public or private, 41against defect in workmanship and material for one (1) year after acceptance of 42such improvements by the City Commission. Surety shall be as specified in this 43article and shall be delivered to the city simultaneously with the satisfactory 44delivery of the documents required in Section 3 above. 45 2. Dedication and Maintenance. 46The dedication of public space, 47parks, rights-of-way, easements or the like on the plat shall not constitute an 48acceptance of the dedication by the city. The acceptance of the dedication shall August 18, 2010 73 ENGINEERING DIVISION SERVICES 1be indicated by a resolution of the City Commission adopted when all 2improvements meet or exceed the standards set forth by this ordinance. The 3City Engineer, upon satisfactory completion of all improvements, shall notify 4the City Commission that the developer has complied with all of the provisions 5of this ordinance and shall recommend acceptance of the dedications and, when 6applicable, the maintenance of the required improvements. Upon such 7recommendations the City Commission, by resolution, shall approve the 8development, the dedications on the plat and the maintenance responsibilities of 9the required improvements identified thereon. 10 3. Completion. 11 When a plat has been recorded and the developer fails to 12complete the improvements required by this ordinance, the City Commission 13may, at it's option, complete the publicly or privately owned improvements or 14restore the site to its original condition under the guarantees provided by the 15developer. In such case, the City Commission shall direct the City Engineer to 16call upon the guarantees as outlined within this article. 17 18ARTICLE VI. ACCEPTANCE AND MAINTENANCE 19OF REQUIRED IMPROVEMENTS 20Section 1. Workmanship and material agreement. 21 The developer shall execute and deliver to the city a cash bond or other acceptable surety in an amount 22determined by the city engineer, guaranteeing the required improvements whether public or private, against 23defect in workmanship and material for one (1) year after acceptance of such improvements by the City 24Commission. Surety shall be as specified in Chapter 7 and shall be delivered to the city simultaneously with 25the satisfactory delivery of the documents required in Article V, Section 5, of this chapter. 26 27(Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 07-005, § 2, 3-5-07) 28 29Section 2. Acceptance of dedication and maintenance of improvements. 30 The dedication of public space, parks, rights-of-way, easements or the like on the plat shall not constitute an 31acceptance of the dedication by the city. The acceptance of the dedication shall be indicated by a resolution of 32the City Commission adopted when all improvements meet or exceed the standards set forth by this ordinance. 33The city engineer, upon satisfactory completion of all improvements, shall notify the City Commission that the 34developer has complied with all of the provisions of this ordinance and shall recommend acceptance of the 35dedications and, when applicable, the maintenance of the required improvements. Upon such recommendations 36the City Commission, by resolution, shall approve the development, the dedications on the plat and the 37maintenance responsibilities of the required improvements identified thereon. 38 39(Ord. No. 02-033, §§ 3, 4, 8-20-02) 40 41Section 3. City completion of required improvements. 42 When a plat has been recorded and the developer fails to complete the improvements required by this 43ordinance, the City Commission may, at it's option, complete the publicly or privately owned improvements or 44restore the site to its original condition under the guarantees provided by the developer. In such case, the City 45Commission shall direct the city engineer to call upon the guarantees as outlined in Chapter 7, Article I, Section 462, paragraph D. 47 48(Ord. No. 96-56, § 10, 1-21-97; Ord. No. 02-033, § 3, 8-20-02; Ord. No. 07-005, § 2, 3-5-07) August 18, 2010 74 ENGINEERING DIVISION SERVICES 1 2CHAPTER 7.SURETY 3ARTICLE I. IN GENERAL 4Sec. 1. Purpose. 5 This policy delineates specific criteria and prerequisites for accepting surety by the city in conjunction with 6developer agreements, contracts, development related improvements and any other contractual obligations. 7 8(Ord. No. 04-040, § 2, 6-15-04 9 10Sec. 2. Applicability. 11 A. When required. 12 13 Wherever surety is required within the Boynton Beach Code of Ordinances and/or Land Development 14Regulations it shall be provided in the form and manner prescribed in Section 3 hereinafter. The type of surety 15shall be determined by the administrator of the code section involved, and shall be acceptable to the Boynton 16Beach City Attorney. Required improvements shall include all those items stipulated in Chapter 6, Article III 17of the LDR including restoration of the lands disturbed by said improvements. Surety for required utility 18system improvements shall be coordinated directly with the Utilities Department, whether they will remain 19private or conveyed to the city upon completion of their construction. It shall also include any off-site areas 20disturbed to install any improvements required by the project. Surety shall be required for improvements 21associated with all planned developments, to wit, PCDs, PIDs, PUDs, etc. 22 23 B. Amount. 24 25 The amount of surety shall be equal to or greater than 110% of the total obligation whether it be for 26restoration, abatement, maintenance, guarantee, fees in lieu of land dedication, required improvements or any 27other purpose. 28 29 C. Periodic reduction of surety. 30 31 From time to time during progress of the work the developer may request a reduction in the dollar 32amount of the surety on the basis of work completed, but in every case the remaining funds shall be sufficient 33to cover 110% of the cost to complete the obligation. In the case of surety for required improvements 34associated with subdivision development, five (5) per cent of the engineer's certified cost of required 35improvements shall be retained for one (1) year after acceptance of such improvements by the City 36Commission as a guarantee against defects in workmanship and material. Reduction of surety shall be 37approved by the City Manager without the necessity of Commission approval. The final release of surety, 38when the surety is $20,000 or greater, shall be approved by motion of the City Commission, with the written 39recommendation by the appropriate department and/or the City Engineer. Release of surety less than $20,000 40shall be by the City Manager. 41 42 D. Default. 43 44 In the event of default by the developer or failure of the developer to complete the obligations within 45prescribed time limits, the city, after thirty (30) days written notice to the developer, shall cash the surety to 46insure satisfactory completion of the obligations. 47 August 18, 2010 75 ENGINEERING DIVISION SERVICES 1(Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 04-040, § 2, 6-15-04; Ord. No. 06-086, § 2, 11-21-06; Ord. No. 207-005, § 2, 3-5-07) 3 4Sec. 3. Types of surety. 5 A. Letters of Credit. 6 7 1. The face of the letter of credit must indicate the following: 8 9 a.The letter of credit is "clean". 10 11 b. The letter of credit is irrevocable and shall remain enforceable until released by a resolution 12adopted by the City Commission. 13 14 c. The purpose or project for which the letter of credit is issued. 15 16 d. The specific amount of the letter of credit, in U.S. Dollars. 17 18 e. The method of disbursement of draws against the letter of credit. 19 20 f. The street address where draws against the letter of credit shall be made. 21 22 g. The letter of credit is enforceable in a court of competent jurisdiction in Palm Beach County, 23Florida, and is to be interpreted by Florida Law. 24 25 h. The name and street address of a designated agent within the State of Florida for acceptance of 26process. 27 28 2. At the time of issuance of the letter of credit, and at all times subsequent thereto and so long as the 29letter of credit is enforceable, the issuing financial institution must have a minimum "peer group" rating of fifty 30(50) in the latest Sheshunoff Quarterly Listing or a minimum rating of one hundred twenty-five (125) in the 31latest IDC Bank Financial Quarterly Listing. The city Finance Department shall periodically verify this 32information. 33 34 3. At any time during the life of the letter of credit, should the rating of the issuing financial institution 35fall below both of the minimum ratings indicated in Section 2 above, or should the financial institution merge 36with another financial institution or have a conservator or receiver appointed to supervise or control the 37operation of its business or become insolvent, the contractor/developer must, within sixty (60) calendar days 38after notification by the city: 39 40 a. Replace the existing letter of credit with a replacement letter of credit from a financial institution 41with either of the minimum ratings as specified in Item 2 above; or 42 43 b. At the city's option, the letter of credit may be replaced by other surety acceptable to the city in 44accordance with the city's existing surety policies. 45 46 4. Failure to comply with this provision may result in any or all of the following actions by the 47city:suspension of the contractor/developer's right to pull building permits and schedule inspections; issuance of August 18, 2010 76 ENGINEERING DIVISION SERVICES 1a stop work order; and/or revocation of the land development permit. These actions shall be in effect until a 2satisfactory replacement surety is accepted by the city. 3 4 5. No letter of credit shall be deemed accepted by the city until review and approval by the City 5Attorney's office for legal sufficiency, and by the Finance Department for the bank's rating. 6 7 6. Original letters of credit shall be maintained by the finance department and each shall be clearly 8identified as to the project or contract for which it is issued. 9 10 7. Letters of credit accepted prior to approval of this article shall continue through the current 11expiration date of the letter of credit provided however, renewal of these existing letters of credit shall be in 12accordance with this policy for accepting letters of credit. 13 14 8. The financial institution issuing any letter of credit must be authorized to do business in the State of 15Florida and shall show proof of same upon request of city staff. 16 17 B. Cash, certified check, cashier's check. Completion of the required improvements may be secured by 18cash deposited by the developer with the city or in an account subject to the control of the city in accordance 19with an agreement on such deposit or account. No interest shall be earned on such deposit or account. 20 21 C. Performance or surety bond. Completion of the required improvements may be secured by a 22performance or surety bond obtained from a company acceptable to the city in accordance with the city policy 23on performance bonds. It shall guarantee all work will be completed in full accordance with the approved land 24development permit. 25 26 D. Escrow (Agreement) deposit. An executed escrow agreement between the developer, a bank approved 27by the city and the city as the third party beneficiary may be established for this surety. The escrow agreement 28shall require that release of the funds, or any part thereof, shall be subject to city approval. The agreement shall 29be in accordance with the city policy on such escrow agreements. 30 31 E. The Finance Department shall maintain an index of all surety, indicating at a minimum, the project 32name, the amount of surety, then names and contact information for all obligees of the surety, the date posted, 33the date reduced and the date released. 34 35(Am. Ord. 98-08, § 1, 2-2-98; Ord. No. 02-033, § 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03; Ord. No. 04- 36040, § 2, 6-15-04) 37 38 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 2 Land Development Process\Final\Amended\Article III Engineering Division 39 Services.doc August 18, 2010 77 BUILDING DIVISION SERVICES ARTICLE IV. BUILDING DIVISION SERVICES Section 1. General. A. Purpose and Intent. The purpose and intent of this article is to set forth uniform procedures, well-defined application processes, and information to guide in the processing of complete applications which are administered by the Building Division. B. Administration. The Building Official or designee shall be responsible for the overall coordination and administration of this article. C. Submittal Requirements. Unless otherwise contained herein, all application forms described in this article shall be approved by the Building Official and maintained by the Building Division. In order for an application to be considered, it shall be accompanied by all documentation required by the respective application checklist. D. Completeness. An application will be processed by the Building Division when it is deemed complete, including all related submittal documents. Please note that the Building Official or designee may rule that certain required items may be excluded from the submittal, and the finding of an application “complete” shall not constitute a determination of compliance with the substantive requirements of City or State regulations, or any other applicable codes. E. Fees. Current fee schedules shall be maintained on file in the Office of the City Clerk and shall be available, without charge, to the public. Fees shall be paid at the time each type of application is submitted, according to the fee schedule approved by the City Commission. All construction regulation fees associated with the codes as referenced in Chapter 4, Article IX, Section 3 are subject to amendment by resolution by the City Commission. Any request to waive the City Building Permit fee shall be in accordance with Chapter 8 Economic Development, Section 8-1 of the City of Boynton Beach Code of Ordinances. All construction regulation fees as referenced or described in are subject to amendment by resolution by the City Commission. Current fee schedules shall be maintained on file in the Office of the City Clerk and shall be available, without charge, to the public. (Ord. No. 96-40, §§ 1 - 3, 5, 9-4-96; Ord. No. 99-16, § 1 - 4, 6-15-99; Ord. No. 02-047, § 1, 9-3-02; Ord. No. 05-063, § 2, 11-1-05) F.Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the applications and processes contained herein. November 8, 2010 1 BUILDING DIVISION SERVICES Section 2. Building Permit . A. General. 1. Purpose and Intent. The purpose and intent of this section is to set forth a well-defined application process, review criteria, and uniform procedure for the processing of permit applications, to ensure that certain buildings, structures, and systems comply with the respective requirements and standards described in the Florida Building Code, including the City’ Administrative Amendments thereof, and these Land Development Regulations. 2. Applicability. A building or other structure shall not be erected, moved, added to, or structurally altered (including substantial improvements as defined by Chapter I, Article II), unless a building permit is issued by the City. A building permit shall not be issued by the Building Official or designee unless the application complies with the requirements of this article and the Florida Building Code, including the City’s Administrative Amendments. All permit applications for new buildings, buildings expansions, major modifications or certain other improvements, must be consistent with any applicable and corresponding site plan, master plan or record plat. 3. Scope. The Florida Building Codeis based on national model building codes and national consensus standards which are amended where necessary for Florida’s specific needs. The code incorporates all building construction-related regulations for public and private buildings in the State of Florida other than those specifically exempted by Section 553.73, Florida Statutes. It has been harmonized with the Florida Fire Prevention Code, which is developed and maintained by the Department of Financial Services, Office of the State Fire Marshal, to establish unified and consistent standards. B. Submittal Requirements. Application forms for building permits shall be provided by the Building Division. Unless the Building Official or designee determines otherwise, the applicant shall submit completed forms, provide all documentation, including plans and exhibits required by such applications, and pay all applicable fees as adopted by resolution by the City Commission. In addition to the information required on the applications, any permit, which upon its completion would result in the issuance of a Certificate of Occupancy or Certificate of Completion, shall include the following information prior to the issuance of such Certificate of Occupancy / Completion: November 8, 2010 2 BUILDING DIVISION SERVICES 1. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures. 2. Elevation in relation to mean sea level to which any non- residential structure will be flood proofed. 3. Certification by a Florida registered engineer or architect that the structure meets the flood proofing criteria of Chapter 4, Article X. 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 5. A flood elevation or flood proofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor. Within 21 calendar days of establishment of the lowest floor elevation, or flood proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, the permit holder shall submit to the development department a certification of the elevation of the lowest floor, flood proofing elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer. When flood proofing is utilized, certification shall be prepared by or under the direct supervision of a professional engineer or architect. Any work done within the twenty-one-day calendar period and prior to submission of the certification shall be at the permit holder’s risk. The development department shall review the flood elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to continuation of the work. Failure to submit the survey or failure to make said corrections shall cause issuance of a stop-work order for the project. 6. A survey of mangrove trees on site. C. Review Criteria. The building permit application shall comply with the following: 1) Florida Building Code, including the City’s Administrative Amendments; 2) requirements of the respective zoning district regulations of Chapter 3, Article III; and 3) site development standards described in Chapter 4. In addition, flood zone elevation November 8, 2010 3 BUILDING DIVISION SERVICES certification shall be required for any type of application that, upon its completion, would result in the issuance of a certificate of occupancy. D. Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate administrative official within the timeframe in accordance with State Statutes. No building permits shall be issued prior to the payment of any of the applicable impact fees and / or land dedications that may be required pursuant to Chapter 2, Article VI Impact Fees and Dedications. E. State of Florida Fees. 1. Radon. This fee, when applicable is due prior to the issuance of the building permit. 2. Building Code Administrators and Inspection Fund. This fee, when applicable is due prior to the issuance of the building permit. F. Miscellaneous. 1. Revocation of Permits. The Building Division is authorized and empowered to revoke any permit issued if there has been a violation of the provisions of this article or a misrepresentation of fact on the permit application and specified in the latest adopted Florida Building Code. 2.Certificate of Occupancy. No building or structure hereafter erected or structurally altered shall be issued a certificate of occupancy until the Building Official 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. 3.Appeal. Any appeal of a decision made by a City official shall be processed in accordance with Chapter 1, Article VIII, Section 1 (Appeals from an Administrative Official). C.Permitting. Application for permit shall be made to the development department prior to any development activities. Application shall include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions,and elevations of the area in question to be developed; existing or proposed structures; fill; storage of materials; drainage facilities/location. Specifically, the following information is required: November 8, 2010 4 BUILDING DIVISION SERVICES 1.Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures. 2.Elevation in relation to mean sea level to which any non-residential structure will be floodproofed. 3.Certification by a Florida registered engineer or architect that the structure meets the floodproofing criteria in article VII, Section 3.B.2. 4.Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 5.A flood elevation or floodproofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor. Within twenty-one (21) 21 calendar days of establishment of the lowest floor elevation, or floodproofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, the permit holder shall submit to the development department a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer. When floodproofing is utilized, certification shall be prepared by or under the direct supervision of a professional engineer or architect. Any work done within the twenty-one- day calendar period and prior to submission of the certification shall be at the permit holder’s risk. The development department shall review the flood elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to continuation of the work. Failure to submit the survey or failure to make said corrections shall cause issuance of a stop-work order for the project. 6.A survey of mangrove trees on site. Section 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 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. November 8, 2010 5 BUILDING DIVISION SERVICES 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. Section 4. Fees. A. Permit fees. A permit shall not be issued until the minimum fee of thirty-five dollars ($35.00) or 2% of the total valuation, whichever is greater, has been paid. The permit fee shall be based on the value of the proposed construction of all items specified and detailed on the plans and/or listed on the permit application. An amendment to a permit shall not be issued until the additional fee, if any, due to an increase in estimated cost of the building, electrical, plumbing, gas, mechanical, landscaping or site development, has been paid. B. Interim services fee. The City Commission hereby establishes an “interim services fee” which is an annual user charge applicable, except during the Suspension Period as provided hereinafter, to structures certified for occupancy by the city development department but not appearing on the Palm Beach County tax rolls as an improvement to real property. 1. Reserved. 2. Levied. Except during the Suspension Period as provided hereinafter, every structure located within the city and not yet appearing on the county tax roll, shall be subject to an interim services fee. This interim services fee shall be in effect from the date of the issuance of a certificate of occupancy or certificate of completion to January 1 of the year following the issuance of the certificate; provided, the levy of the interim service fee is suspended, effective June 14, 1999, until such suspension is repealed by adoption of an ordinance by the City Commission of the City of Boynton Beach (the "Suspension Period"). Said fee shall be charged in accordance with the fee schedule which is attached to Ordinance No. 91-17 as Exhibit “B” and the computation hereinafter set forth. a. Dwelling unit computation. For the purposes of this subsection and Exhibit “B”, dwelling unit computation shall be made as follows: (1) Each single-family unit, including condominium, apartment and hotel unit, shall count as one. (2) For commercial and/or industrial structures, divide the total building square footage for each such industrial and/or commercial structure by one thousand (1,000) square feet rounded to the nearest tenth(0.1). November 8, 2010 6 BUILDING DIVISION SERVICES b. Fee determination; proration. The dwelling unit computation shall be utilized in conjunction with the fee schedule set forth in Exhibit “B” in computing the interim services fee. The following example illustrates how the interim services fee is arrived at: Example: A 22,565 square foot office building is issued a certificate of occupancy in December of any given year: 22,565 ÷ 1,000 = 22.565 22.6 X $10.23 = $231.20 Interim services fee for this structure would be $231.20. 3. Procedure. Except during the Suspension Period set forth above, the Director of Development director of development shall collect the interim services fee prior to the issuance of a certificate of occupancy or certificate of completion by the development department. 4. Distribution. Except during the Suspension Period set forth above, on a daily basis, the development department shall promptly remit monies collected pursuant to this section to the city finance director. 5 Eligibility for municipal services. Except during the Suspension Period set forth above, no improvement shall be eligible for municipal services unless an interim services fee has been paid. 6. Creation of trust fund. The Director of Finance finance director shall deposit all funds collected into a non- lapsing trust fund established and maintained by the city. The use of such funds will be restricted and limited to expenditures for public safety, physical environment (public works administration costs), maintenance and services for roads and streets, health (animal control), library and parks and recreation, which are associated with the properties from which the funds were collected. The City Manager city manager shall provide the City Commission with recommendations for expenditures of these funds during the annual budget process or from time to time as needed. Such expenditures of funds shall be limited to a percentile of total fees collected for each of the services as identified herein. The City Commission by resolution must approve all expenditures from said trust fund upon determination that said expenditures are appropriate. (Ord. No. 00-09, § 2, 4-4-00; Ord. No. 05-069, §2, 12-6-05) Section 3. Sign Permit. A. General. November 8, 2010 7 BUILDING DIVISION SERVICES 1.Purpose and Intent. The purpose and intent of this subsection is to set forth well-defined application processes, review criteria, and uniform procedure to guide in the processing and review of sign permit applications to ensure compliance with the design objectives of Chapter 4, Article IV, Section 1.B (i.e. Identification, Aesthetics, Land Values, Safety, Sustainability, and Compatibility). 2. Applicability. It shall be unlawful for any person to erect, construct, enlarge, move, or convert any sign in the City, or cause the same to be done, without first obtaining a sign permit for each such sign. These directives shall not be construed to require any permit for the cleaning, maintenance, or repair of a sign or sign structure for which a permit has previously been issued under this article, provided that such sign or structure is not modified in any way. Signs and structures supporting signs previously erected without a valid permit shall be in violation of this article and shall be deemed illegal signs. It shall be mandatory to obtain a permit for an illegal sign, or to immediately remove such sign and the structure supporting such sign upon notice that the sign or structure supporting the sign is illegal. The notice shall contain a time period for removal. If the Building Official determines that a sign and support structure, which are subject to the standards of the sign code pursuant to Chapter 4, Article IV, are exempt from the Florida Building Code, then such sign and support structure shall require a sign permit under the authority of the Director of Planning and Zoning in accordance with Chapter 2, Article II, Section 5.A. 3. Licensing and Contractors. No person shall install, alter, or cause to be installed or altered, any temporary or permanent sign unless the person is licensed as required by the State of Florida or Palm Beach County contractor licensing regulations. It shall be unlawful for any licensed sign contractor to knowingly construct or cause to be constructed, a sign contrary to the standards and requirements of these Land Development Regulations , the Florida Building Code, or any other applicable code, whether or not said contractor installs such sign. In addition, no person shall engage in the business of erecting, painting, wiring, or maintaining signs within the City without first having procured a business tax receipt for such business from both the City and the County. B. Submittal Requirements. Applications for permits required by this section shall contain the following information: November 8, 2010 8 BUILDING DIVISION SERVICES 1.Applicant Information. Name, address and telephone number of the person, firm, corporation or association erecting or affixing such sign; 2. Owner Consent. Written consent of the owner of the building, structure or land to which or on which the sign is to be erected or affixed; 3.Location. Property location (address of premises upon which sign is to be located); 4. Site Plan. Two (2) sets of site plans, surveys, or other such scaled drawings deemed acceptable to the Building Official or designee, illustrating the proposed location of the sign and sign structure, including their position and setbacks relative to buildings, structures, property lines, road rights-of-way, and any pertinent improvements such as utility lines and other types of infrastructure; 5. Sign Detail. Two (2) sets of illustrations, sketches, pictures, photographs, or other such scaled drawings deemed acceptable to the Building Official or designee, detailing the type of sign proposed (as identified in Chapter 4, Article IV) and including the following information: a. Aggregate sign area (expressed in square feet); b. Overall sign height; c. Height of each letter, digit, character, or logo; d. Text font(s); e. Sign color(s), including color of each letter, digit, character, or logo; and e. Sign material(s); 6.Wind Load. Stress tests and calculations showing the sign (and support structure) are designed for the high velocity wind requirements in the Florid Building Code. The seal of a Florida registered engineer or architect shall be affixed to drawings of the sign and / or support structure that have an area exceeding 32 square feet and / or six (6) feet in height, certifying that such signs are designed to meet the required loading; 7. Electrical. All electrical details required to determine code compliance for the sign and the structure supporting the sign; November 8, 2010 9 BUILDING DIVISION SERVICES 8.Valuation. Estimated value or cost of the proposed sign; and 9. Payment. Each application for a sign permit required under this section shall be accompanied by the applicable fees pursuant to Section 1.D. above; and 10.Miscellaneous. Any other information as required by the Building Official that demonstrates compliance with the Florida Building Code and other applicable laws and ordinances of the City. C. Approval Criteria. Each application for a sign permit required under this section shall comply with the Florida Building Code and all applicable Land Development Regulations. D. Review Process. The Building Official or designee shall have 10 days to review an application for a sign permit to ensure that it is complete. If the application is found to be incomplete, the Building Official or designee shall send written notification to the applicant indicating the specific reasons (with appropriate code references) as to why the application is deficient. Once a sign permit application is deemed to be complete, staff will conduct a review of the application and within 45 days, shall approve, approve with conditions, or deny the application for a sign permit. E. Expiration. Any permit for a sign may be revoked by the City upon the determination that the sign is not in full compliance with the provisions of these Land Development Regulations or other applicable codes. A sign permit shall become null and void if no work has commenced within six (6) months upon the issuance of such permit. F. Miscellaneous. 1. Display of Permit Number. Every sign or structure supporting a sign hereafter erected shall permanently include in a conspicuous place thereon, the corresponding permit number. 2. Inspection. The City may inspect at any time each sign or structure supporting a sign regulated by this article for the purpose of ascertaining whether the same is unsafe, in need of repair or maintenance, not in conformance with the permit application or otherwise in violation of the provisions of this article. 3.Revocation of Permits. The Building Division is authorized and empowered to revoke any permit issued if there has been a violation of the provisions of this article or a November 8, 2010 10 BUILDING DIVISION SERVICES misrepresentation of fact on the permit application and specified in the latest adopted Florida Building Code. 4.Appeal. Any appeal of a decision made by a City official shall be processed in accordance with Chapter 1, Article VIII, Section 1 (Appeals from an Administrative Official). Sec. 8. Permit fee. Every applicant, before being granted a permit hereunder, shall pay a fee to the development department prior to permit review or issuance. Any sign or structure supporting a sign which erected or is in the process of being erected without a permit is subject to a total permit fee of four (4) times the normal permit fee. (Ord. No. 00-78, § 2, 1- 2-01; Ord. No. 01-50, § 3, 12-4-01) Section 4.Variances. A.General. 1.Purpose and Intent. The purpose of this section is to provide an efficient relief process to allow for deviations from certain requirements and standards of the Florida Building Code, including the City’s Administrative Amendments thereof, and the applicable regulations in the City’s Land Development Regulations , in circumstances when the applicant is able to demonstrate a hardship. The intent of this application is not to provide a means for circumventing any such requirement or standard, but to allow for a departure from the code upon demonstration that the subject request satisfactorily addresses the review criteria contained herein, and without the necessity of amending the regulation to accommodate the requested relief. 2. Applicability. a. The owner of a building, structure, or service system, or duly authorized agent may appeal a decision from the Building Official whenever any one of the following conditions is claimed to exist: (1) The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure, or service system; November 8, 2010 11 BUILDING DIVISION SERVICES (2) The provision of the Florida Building Code, including the City’s Administrative Amendments thereto does not apply to this specific case; (3) That an equally good or more desirable form of installation can be employed in a specific case; or (4) The true intent and meaning of the Florida Building Code, including the City’s Administrative Amendments thereto have been misconstrued or incorrectly interpreted; or b. The owner of a building, structure, or service system, or duly authorized agent may request relief to any of the following: (1) The Florida Building Code, including the City’s Administrative Amendments; (2) Chapter 4, Article IX Building, Construction, and Historic Preservation Requirements of the City’s Code of Ordinances; (3) Chapter 4, Article X Flood Prevention Requirements of the City’s Code of Ordinances. c. Notice of appeal shall be filed within 30 calendar days after the Building Official renders the refuted decision. B. Submittal Requirements. The application form shall be approved by the Building Official and maintained by the Building Division. In order for an application to be considered, it shall be accompanied by all documentation required by the application checklist. C. Review Criteria. The Building Board of Adjustment and Appeals, when so petitioned, and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the purpose and intent of this or the technical codes or public interest, and also finds all of the following general criteria in subsection “1” below: 1. General Criteria for All Variance Requests. a. That special circumstances exist that are peculiar to the building, structure, or service system involved, and which are not applicable to others; November 8, 2010 12 BUILDING DIVISION SERVICES b. That the special conditions and circumstances do not result form the action or inaction of the applicant; c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures, or service system; d. That the variance is granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and e. That the granting of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety, and general welfare. 2. Special Criteria for Variance Applications Involving Deviations from Flood Prevention Regulations. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. In passing upon such appeals, the Board shall determine that the granting of the variance will not result in increased flood heights; additional threats to public safety; extraordinary public expense; create nuisance; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances. The Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of these Land Development Regulations, and: a. The danger that materials may be swept onto other lands to the injury of others. b. The danger to life and property due to flooding or erosion damage. c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. d. The importance of the services provided by the proposed facility to the community. November 8, 2010 13 BUILDING DIVISION SERVICES e. The necessity to the facility of a waterfront location, where applicable. f. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. g. The compatibility of the proposed use with existing and anticipated development. h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. i. The safety of access to the property in times of flood for ordinary and emergency vehicles. j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site. k. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. D.Approval Process. An application for variance approval requires review by staff to ensure it is eligible to be considered by the Building Board of Adjustment and Appeals. Once determined to be eligible for consideration, staff shall forward the variance application to the Building Board of Adjustment and Appeals, and such Board will review the request based on the review criteria listed above, and render its decision. See Section 112 of the City’s Administrative Amendments to the 2007 Florida Building Code for the rules and regulations regarding the operating procedures of the Board. E. Expiration. See Section 112 of the City’s Administrative Amendments to the 2007 Florida Building Code for the rules and regulations regarding the expiration of a variance granted by the Building Board of Adjustment and Appeals. F. Miscellaneous. 1.Conditions of Approval. The Building Board of Adjustment and Appeals may prescribe appropriate conditions and safeguards on the approval of any variance in accordance with Section 112 of the City’s Administrative Amendments to the 2007 Florida Building Code. November 8, 2010 14 BUILDING DIVISION SERVICES 2.Flood Prevention Variances. Any applicant to whom a variance from the flood prevention requirements has been granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Variances from flood prevention requirements may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. The Director of Development or designee shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.  D. Variance procedures/appeals. 1. The building board of adjustment and appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the director of development in the enforcement or administration of this article. a. In passing upon such appeals, the building board of adjustment and appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and: (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facility to the community. (5) The necessity to the facility of a waterfront location, where applicable. (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. (7) The compatibility of the proposed use with existing and anticipated development. November 8, 2010 15 BUILDING DIVISION SERVICES (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site. (11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. b. Upon consideration of the factors listed above and the purposes of this article, the building board of adjustment and appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. c. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 2. The building board of adjustments and appeals shall hear and decide requests for variances from the requirements of this article. a. Conditions for variances: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. b. Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. November 8, 2010 16 BUILDING DIVISION SERVICES c. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 3. Any person aggrieved by the decision of the building board of adjustment and appeals or any taxpayer may appeal such decision to the circuit court as provided in Florida law. 4. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. 5. The director of development shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (Ord. No. 08-033, § 3, 12-16-08) Section 5. Permitting. A.When required. A permit shall be secured from the director of development, following consultation with the city engineer, prior to the construction of any parking lot. The issuance of a permit shall not relieve any party from obtaining the necessary permits which may be required by the various state, federal or local government agencies which have jurisdiction over the proposed construction, including, but not limited to, permits for paving and drainage, lighting and irrigation. Final inspections of the parking lot for compliance with this chapter and other city code requirements and standards are required prior to the issuance of a certificate of occupancy. B.Permit application. In connection with a request for a permit to construct a parking lot, the owner, or his authorized agent, shall submit an application which shall include, but not be limited to, information and materials as follows: 1.Permit fee; 2.A sealed survey, not older than six (6) months which shows existing elevations and/or contours; existing easements or other encumbrances; existing structures and trees; and other topographical features. In addition, the survey must show elevations of adjacent properties and rights-of-way; right-of-way widths of adjacent roadways; paving; sidewalks; elevations; utility lines; and other features; November 8, 2010 17 BUILDING DIVISION SERVICES 3.Location of parking and loading facilities including calculations for the number of parking stalls required and the number of parking stalls provided, and the location of handicap parking stalls, signs and access ramps; 4.A cross-section of the materials to be used in the construction of the parking lot; 5.A parking lot layout including striping; 6.Proposed site plan; 7.Parking lot lighting plan, including the location of lighting standards, pole types, luminaire types, illumination levels, direction of lighting and type of activating mechanism; 8.Certified statement of conformance with Chapter 22, Streets and Sidewalks, of the City of Boynton Beach Land Development Regulations; 9.Location of existing and proposed streets to include ultimate rights-of-way. Dedication or right-of-way is required in conformance with the city and county comprehensive plans; 10.On-site traffic plan including arrows and traffic signs; 11.Landscaping plan and tree preservation plan consistent with current city codes; 12.Outline of all buildings on site to be served by the parking lot and existing and/or proposed use of same; 13.Paving and drainage plans with elevations, including calculations and details of the drainage system; 14.Parking lots serving uses which generate three thousand (3,000) vehicles, single- directional trips per day or two hundred fifty (250) vehicle, single-directional trips in a one- hour period shall submit a traffic impact analysis. 15.Any other engineering or technical data necessary to determine compliance with the provisions of this chapter and the standards referred to herein. The above-mentioned information shall be included in subdivision construction plans when applicable, and with plans submitted for site plan approval or building permit. (Ord. No. 02-033,§§ 3, 4, 8-20-02) Section 6. Non-compliance. A.Stoppage of work. Failure to comply with the plans of record or other city ordinances shall result in an order to stop work from the development director or his or her designee. Damage to public property resulting from work performed may result in a stop work order if a threat exists to the health and safety of the public. B.Fines and penalties. In addition to the remedies afforded in Section 6 above, the city may enforce the provisions of this chapter as follows: November 8, 2010 18 BUILDING DIVISION SERVICES 1.Violation of the provisions of this chapter shall be a misdemeanor of the second degree, punishable by up to sixty (60) days in jail and/or a five hundred dollar ($500.00) fine, and the city may prosecute violations of this chapter as such. 2.The city may seek a mandatory injunction with the circuit court of the Fifteenth Judicial Circuit in and for Palm Beach County to enjoin violations of this chapter. Any violation of this chapter shall result in the authority to enjoin said nuisance by injunction, and may require that the land upon which the violation has been committed be returned to its condition, prior to the violation, or as close thereto as reasonably possible. Further, any party creating a violation of this chapter or nuisance resulting from a violation of this chapter shall be responsible for all of the city's costs, including attorney's fees, for bringing any injunctive action pursuant to this section. 3.The city may prosecute violations of this chapter through the city's code compliance board. 4.None of the above-listed remedies shall be considered to be mutually exclusive, and the city may pursue any or all of the above-listed remedies in conjunction with each other. (Am. Ord. No. 97-51,§ 2, 11-18-97; Ord. No. 02-033,§ 4, 8-20-02 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 2 Land Development Process\Final\Amended\Article IV Building Division Services.doc November 8, 2010 19 BUSINESS TAX SERVICES ARTICLE V. BUSINESS TAX SERVICES 1 2 Section 1. General. 3 4 A. Purpose and Intent. 5The purpose of this article is to set forth uniform and well- 6defined procedures for each application processed by the Business Tax section of the 7Planning and Zoning Division. 8 B. Administration. 9 The Business Tax Manager or designee shall be 10responsible for the overall coordination and administration of all applications contained 11within this article. 12 C. Completeness. 13 An application will be processed by the Business Tax 14section of the Planning and Zoning Division when it is deemed complete, including all 15related submittal documents. Please note that the Business Tax Manager or designee 16may rule that certain required items may be excluded from the submittal, and the finding 17of an application “complete” shall not constitute a determination of compliance with the 18substantive requirements of City or State regulations, or any other applicable codes. 19 D. Terms and Definitions. 20See Chapter 1, Article II for all applicable terms 21and definitions which pertain to the applications and processes contained herein. 22 Section 2. Business Tax Receipt. 23 24 25A business tax receipt is required prior to engaging in or managing any business, profession, or 26occupation within the City. It shall be unlawful for any person to engage in any non-exempt 27business, profession, or occupation without first obtaining a business tax receipt in accordance 28with Part II City Code of Ordinances, Chapter 13 Licenses. 29 Section 3. Seasonal Sales Event Approval. 30 31 A.General. 32 33 1. Purpose and Intent. 34The purpose of this subsection is to set forth 35uniform procedures, a well-defined application process, and information that 36shall be included in applications for seasonal sales events, in order to allow for 37the safe, orderly, and temporary selling of Christmas trees, pumpkins, fireworks, 38and similar items that are principally sold during the holidays. 39 2. Applicability. 40 This process shall be required of any 41establishment or organization desiring to temporarily sell Christmas trees, 42pumpkins, fireworks, or other such items that are principally sold during holiday 43periods (outside a principal building), in accordance with Chapter 3, Article V, 44Section 7. The temporary display of retail merchandise not in connection with a 45seasonal sales event shall be regulated separately in accordance with Chapter 3, 46Article V, Section 5. 47 November 8, 2010 1 BUSINESS TAX SERVICES B. Submittal Requirements. 1 The application for seasonal sales event approval 2shall be approved by resolution and maintained by the Business Tax section of the 3Planning and Zoning Division. All applications shall be accompanied by all 4documentation, plans, and exhibits as indicated on the application checklist. Fees shall 5be paid when each application is submitted to the Business Tax section and in the 6amount as adopted from time to time by resolution by the City Commission. 7 C. Review Criteria. 8 The special temporary sales event shall comply with the 9location requirements and time limitations of Chapter 3, Article V, Section 7, and other 10site development standards described in Chapter 4. 11 D.Approval Process. 12 Applications shall be reviewed by staff and action will be 13taken by the appropriate administrative official within 30 days of the application. 14 E. Expiration. 15 Event approval shall be valid for a period not to exceed 45 days 16within any one (1) calendar year. 17 F. Miscellaneous. 18 19 1.Signage. 20 See banners in Chapter 4, Article IV, Section 4.B.7 for 21additional standards regarding allowable signage for seasonal sales events. 22 2.Permanent Exterior Storage. 23 The permanent exterior storage of 24retail merchandise or equipment shall be regulated separately in accordance with 25Chapter 3, Article V, Section 8. 26 27N.OUTDOOR RETAIL SALES BY NOT-FOR-PROFIT ORGANIZATIONS. Special 28outdoor retail sales shall be permitted in any nonresidential zoning district, subject to the 29following regulations: 30 311.The event is sponsored by a not-for-profit civic, religious, school or governmental 32organization. 33 342.The sponsors secure an occupational license for the duration of the event, and comply 35with all other applicable codes and ordinances. 36 373.Written approval must be secured from the owner of the property. 38 394.Liability insurance which is sufficient to cover the liability for the event shall be the 40responsibility of the property owner and event sponsor. 41 425.Adequate parking is provided for the event. 43 446.Such event or combination of events shall not exceed a maximum duration of four (4) 45weeks per calendar on any one parcel of land. However, a two-week extension may be 46provided, if conditions warrant. 47 November 8, 2010 2 BUSINESS TAX SERVICES 17.Permits for all temporary structures, lighting and signs must be secured. 2 38.If a tent is used for the event, the tent shall be constructed of fire-retardant treated 4material and shall comply with the latest edition of the Southern Standard Building Code, as 5adopted by the city. 6 79.Farmers' markets, flea markets, sales bazaars, swap shops, trading posts and the sale or 8display of used retail merchandise shall be prohibited. 9 1010.It is the responsibility of the sponsor, within three (3) days of the expiration of the event, 11to have the property cleared and brought to its original condition. 12 Section 4. Special Sales Event Approval. 13 14 A.General. 15 16 1. Purpose and Intent. 17The purpose of this subsection is to set forth 18uniform procedures, a well-defined application process, and information that 19shall be included in applications for special sales events in order to allow for the 20safe and orderly operation of selling of merchandise. 21 2. Applicability. 22 This process shall be required of any 23establishment or organization desiring to temporarily sell and store merchandise 24(outside a principal building) in accordance with Chapter 3, Article V, Section 6. 25 The temporary display of retail merchandise not in connection with a special 26sales event shall be regulated separately in accordance with Chapter 3, Article 27V, Section 5. 28 B. Submittal Requirements. 29 The application for special sales event approval 30shall be approved by resolution and maintained by the Business Tax section of the 31Planning and Zoning Division. All applications shall be accompanied by all 32documentation, plans, and exhibits as indicated on the application checklist. Fees shall 33be paid when each application is submitted to the Business Tax section and in the 34amount as adopted from time to time by resolution by the City Commission. 35 C. Review Criteria. 36 The special temporary sales event shall comply with the 37location requirements and time limitations of Chapter 3, Article V, Section 6, and the 38other site development standards described in Chapter 4. 39 D.Approval Process. 40 Applications shall be reviewed by staff and action will be 41taken by the appropriate administrative official within 30 days of the application. 42 E. Expiration. 43Event approval shall be valid for a period not to exceed 14 days 44within any one (1) calendar year; however, the approval may be valid for up to 60 days 45within one (1) calendar year if the subject site is large enough to accommodate, and 46configured such, that the merchandise associated with the sales event is setback at least November 8, 2010 3 BUSINESS TAX SERVICES 1300 feet from any property line abutting a street right-of-way in accordance with 2Chapter 3, Article V, Section 6. 3 F. Miscellaneous. 4 5 1.Signage. 6 See banners in Chapter 4, Article IV, Section 4.B.6 for 7additional standards regarding allowable signing for special sales event 8approval. 9 2.Permanent Exterior Storage. 10 The permanent exterior storage of 11retail merchandise or equipment shall be regulated separately in accordance with 12Chapter 3, Article V, Section 8. 13 14 15 16 17 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 2 Land Development Process\Final\Amended\Article V Business Tax Services.doc November 8, 2010 4 IMPACT AND SELECTED FEES ARTICLE VI. IMPACT AND SELECTED FEES 1 2 Section 1. General. 3 The purpose of this article is to provide an overview of some of 4the regulatory fees, excluding application and construction related fees, which are commonly 5imposed by the City when an applicant undertakes development, redevelopment, or 6improvement of real property in the City. The intent of this article is to assist a developer in 7their due diligence; however, the following list may not be all inclusive, as additional fees and 8costs may be applicable. 9 Section 2. City Parks and Recreation Facilities Impact Fee or Land Dedication 10. 11 A. General. 12 13 1. Purpose and Intent. 14This section is enacted to ensure that future land 15development within the City provides land and facilities for park or recreational 16purposes in accordance with the Open Space and Recreation Element of the 17Comprehensive Plan adopted by the City. The imposition of a Park and 18Recreation Facilities Impact Fee is to provide a source of revenue to fund the 19construction or improvement of the city park system necessitated by growth, as 20delineated in the Capital Improvement Element of the Comprehensive Plan. The 21purpose of this section is to ensure that all future residential land development 22creating an impact on park and recreational facilities within the City shall bear a 23proportionate share of the cost of capital expenditure necessary to provide such 24facilities in accordance with the Open Space and Recreation Element of the 25Comprehensive Plan adopted by the City. 26 2. Applicability. 27 A Park and Recreation Facilities Impact Fee is hereby 28imposed on the construction of any type of new residential dwelling unit. For 29the purposes of this section, a residential use shall be construed to be any such 30use that is listed under the “Residential and Lodging” category shown in the Use 31Matrix (see Chapter 3, Article IV, Section 3.D.). A residential use shall include 32the residential component of mixed-use developments, or the conversion of any 33existing nonresidential use to a new residential use. The provisions of this 34section however, shall not apply to Hotel and Motel establishments, and nursing 35homes (as defined by the State). 36 3. Terms and Definitions. 37 See Chapter 1, Article II for the terms and 38definitions associated with impact fees. 39 4. Waiver. 40 Any request to waive a City impact fee shall be in 41accordance with Part II, City Code of Ordinances, Chapter 8 Economic 42Development, Section 8-1. 43 B.Time of Impact Fee Payment. 44 Payment of Park and Recreation Facilities 45Impact Fees or transfer of title to land conveyed in lieu of a cash payment, shall be made 46prior to the issuance of a building permit (see Chapter 2, Article IV, Section 2) , or prior December 14, 2009 1 IMPACT AND SELECTED FEES 1to approval of a plat or replat application in accordance with Chapter 2, Article III, 2Section 2, whichever occurs first. 3 C. Impact Fee Calculation. 4 The formula used to develop Park and Recreation 5Facilities Impact Fee assessment is set forth in accordance with the following: 6 1. Table 2-3. Costs Per Capita: Methodology. 7 The cost per capita 8is calculated by multiplying the standard quantity of park land and facility by 9average cost per facility. The standard quantity is based on actual provision. 10The land value is the average assessed value per acre of all vacant parcels within 11the City of two (2) acres or more. Average development cost has been added to 12the average assessed value to account for basic civil and site development costs. 13 ComponentStandard per Average Cost Cost per Capitaper Facility Capita Land Acres 0.004700 $543,292 $2,553.47 Playgrounds 0.000259 $100,000$25.90 Basketball Courts 0.000198 $60,000 $11.88 Handball/Racquetball Courts 0.000122 $225,000 $27.44 Baseball/Softball Fields - Youth 0.000061 $595,000 $36.30 Baseball/Softball Fields - Adults0.000061 $655,000 $39.96 Football/Soccer Fields 0.000025 $560,000 $14.00 Tennis Courts 0.000473 $60,000 $28.35 Shuffleboard Courts 0.000244 $25,000 $6.10 Picnic Areas 0.000320 $50,000 $16.01 Fitness Trails (Stations) 0.000030 $100,000 $3.05 TOTAL COST PER CAPITA$2,762.45 14 15See next page December 14, 2009 2 IMPACT AND SELECTED FEES 2. Table 2-4. Adjustment Rate. 1 Based on park improvement 2budgets over the last five (5) fiscal years, 81% of the cost of park development 3is anticipated to be generated by the City, with the remaining 19% covered by 4funds from the trust fund established for deposition of impact fees. 5In the calculation below, other revenues that are being used to pay for new parks 6and recreational facilities and for improvements of existing facilities are 7subtracted from the total per capita cost, as shown: 8 TotalLess Credit: Net Unfunded Investment Cost Percent Other Cost per Capita Per Capita Revenues $2,762.45 81% $525 9 3. Table 2-5. Cost Per Dwelling Unit (Impact Fee) Methodology. 10 11 The cost of parks and recreational facilities per dwelling unit is 12the impact fee. It is calculated by multiplying the park and recreational facility 13cost per person (after the credit reduction for other revenues) by the average 14number of persons per dwelling unit in a given type of structure: 15 Type of Dwelling Unit Net Unfunded Persons Per Impact Fee Per 16 Cost Per Dwelling Dwelling Unit CapitaUnit* 4 17 Single-Family, Detached $525 2.70 $1,418 . 18 Single-family, Attached $525 1.99 $1,045 19 Multi-Family $525 1.76 $924 F 20 *The persons-per-unit numbers are currently based on 2000 Census data. e 21 e 22 23 D. Table 2-6. Impact Fee Amount. 24 The established park and recreation 25facilities impact fee per residential unit is as follows: 26 Type of Dwelling UnitImpact Fee per Dwelling Unit Single-Family, Detached $1,418 Single-family, Attached $1,045 Multi-Family $924 27 E. Credit Towards Impact Fee Imposition. 28 Where a building consisting of one 29or more dwelling units is replaced by another building of one or more dwelling units, 30there shall be a credit against the payment of the fees originally paid or assessed. 31 December 14, 2009 3 IMPACT AND SELECTED FEES F. Land Donation as Impact Fee Obligation Satisfaction. 1 Some or all of the 2Park and Recreation Facilities Impact Fee obligation may be satisfied by dedication of 3land to the City for park and recreation facilities. The process of donation may be 4initiated by the applicant or the City upon the formal filing of a development application 5and prior to the completion of staff reviews. When staff anticipates the need for a land 6dedication in lieu of an impact fee, staff shall notify the property owner/applicant at the 7pre-application conference. Staff's notification to the property owner/applicant shall 8include a statement that only the City Commission has the authority to decide when a 9land dedication will be required in lieu of the payment of the impact fee. In either case, 10the decision to accept land in lieu of a fee is reserved to the City Commission. 11 1.Master or Site Plan. 12 When either an applicant or the City proposes a 13land dedication in lieu of all or part of the required cash fee, the applicant shall 14submit to the Director of Parks and Recreation a proposed plan for the 15dedication of land for impact fee satisfaction. The proposed plan shall include a 16legal description of the land and a written appraisal of the land, along with a 17proposed date for the donation of the land. Upon receipt of the proposed plan, 18the Director of Recreation and Parks shall schedule a hearing before the City 19Commission and provide the applicant with written notice of the time and place 20of the hearing. Such hearing shall be held in accordance with the City 21Commission rules for conducting quasi-judicial hearings. The City 22Commission, following a written recommendation from the Director of Parks 23and Recreation and the City Manager, shall, following the public hearing 24determine whether it shall require a land dedication in lieu of a fee by 25consideration of the following: 26 a. Suitability. 27 The land should be suitable for future park and 28recreation facilities based upon the size, shape, topography, geology, 29access and location of the proposed development; 30 b. No Defects. 31 The land must have no known physical problems 32such as with drainage or flooding, or on-site safety hazards associated 33with it; 34 c. Consistency. 35 The location of the land and its potential for 36development should be consistent with the city's Recreation and Parks 37Strategic Plan. 38 2.Approval. 39 Nothing contained herein should be construed to prevent 40the City Commission from exercising its authority to decline the donation of 41land as partial or full satisfaction of the Park and Recreation Facilities Impact 42Fee. 43 3.Fair Market Value. 44The fair market value of said land dedicated in 45lieu of a cash fee will be credited to the applicant against the impact fee as set 46forth in this section. If the fair market value exceeds the applicant's impact fee December 14, 2009 4 IMPACT AND SELECTED FEES 1obligation, the reimbursement will be made to the applicant by direct cash 2payment from the trust fund. 3 4.Appraisal. 4 The value of the proposed land to be dedicated shall be 5based upon a written appraisal of fair market value by a qualified and 6professional appraiser, and based upon comparable sales of similar property 7between unrelated parties in a bargaining transaction, if available. The appraiser 8must: be a Member of the Appraisal Institute (M.A.I.); have his or her principal 9office for business in Martin, Palm Beach or Broward County; and have been 10qualified to testify as an expert on land valuation in a court proceeding in at least 11three (3) legal proceedings involving a governmental entity. The fee of the 12appraiser shall be paid by the applicant when a dedication in lieu of a cash fee is 13requested by the applicant and by the City when the dedication in lieu of a cash 14fee is initiated by the City. 15 G. Use of Park Impact Fee Proceeds. 16 17 1. 18 The funds collected pursuant to the Park and Recreation Facilities 19Impact Fee Ordinance shall be paid to the city, and placed in a trust fund to be 20known as the reserve for parks and recreational facilities. 21 a. 22This account shall be used solely for the acquisition, 23improvement, expansion or implementation of parks and recreational 24facilities in the City. 25 b. 26 Funds shall be used first for the purpose of providing park or 27recreational facilities reasonably related to serving the subdivision by 28purchasing land or by improving the land for park and recreational 29purposes. 30 c. 31 If both adequate land and improvements exist in the area, funds 32may be spent to acquire or improve park and recreational facilities 33elsewhere in the city. 34 2. 35 The amount of the park impact fee collected pursuant to this section plus 36any interest accrued may be returned to the person or entity that paid the fee, 37upon petition for refund, only if such fees have not been expended or 38encumbered by the end of the fiscal year immediately following the sixth (6th) 39anniversary of the date upon which such fees were paid. 40 3. 41 So long as the park impact fees have not been expended or encumbered 42by the City, the person or entity that paid the impact fee may request a refund in 43the event all development approvals, permits, and authorizations expire prior to th 44the anniversary of the sixth (6) year upon which such fees were paid. In 45addition to the requirements of this section, if the request for the refund is th 46submitted prior to the anniversary of the sixth (6) year upon which such fees 47were paid, the petition for the refund must include a justification as to the reason December 14, 2009 5 IMPACT AND SELECTED FEES 1for refund, and prior to any refund being provided, the person or entity that paid 2the fee shall sign a notarized sworn statement releasing the City from any legal 3liability associated with the development of the property and the expired 4development approvals, permits, and authorizations. 5 4. 6 Refunds shall be made in accordance with the following procedure: 7 a. 8 The completed petition for refund must be submitted to the 9Director of Parks, via certified mail return receipt requested, and shall 10consist of: 11 12(1) A notarized sworn statement that the applicant was the 13entity that paid the impact fee; 14 15(2) A copy of the dated receipt issued for payment of the 16impact fee or such other record that would indicate 17payment/credit for such fee; 18 19(3) A certified copy of the latest recorded deed; and 20 21(4) A copy of the most recent ad valorem tax bill. 22 b. 23 Within 90 days from the date of a receipt of a complete petition 24for refund: 25 26(1) The Director of Recreation and Parks will advise the 27applicant of the status of the request for refund; and 28 29(2) If such impact fee or portions thereof have not been spent 30or encumbered within its applicable time period, then the fee or 31portion thereof not spent or encumbered shall be returned to the 32applicant. 33 c. 34 For the purposes of this section, fees collected shall be deemed to 35be spent or encumbered on the basis of first fee in, first fee out. 36 Section 3. Capital Facilities Fee. 37 Potable water / sanitary sewer fees are calculated 38based on the type of use and anticipated water and sewer demand as detailed in Chapter 26 of 39Part II of the City’s Code of Ordinances. 40 Section 4. Fire Rescue Assessment. 41 This fee is required pursuant to Chapter 23, Article 42III in Part II City Code of Ordinances. 43 Section 5. Art in Public Places Fee. 44 All development, redevelopment, reconstruction, 45or remodeling projects, which are subject to the Arts in Public Places Program, shall pay a 46public arts fee in accordance with Part II City Code of Ordinances, Chapter 2, Article XII. 47 December 14, 2009 6 IMPACT AND SELECTED FEES Section 6. Downtown Stormwater Improvement Watershed Fee. 1 This fee shall be paid 2prior to the issuance of a building permit for new construction and / or redevelopment in the 3Downtown Watershed in accordance with Section 26-406 of Part II City Code of Ordinances. 4 Section 7.Palm Beach County Fees. 5 Palm Beach County ordinances require that 6certain impact fees be paid concurrent with development activities, collectible prior to issuance 7of certain permitting fees. Developers in Boynton Beach shall pay such fees in accordance with 8Palm Beach County ordinances. 9 A. Road. 10 This fee is based on the County’s schedule, published 01/12/2006 or 11most recent update. 12 B. School. 13 This fee is based on the County’s schedule, published 01/12/2006 14or the most recent update. 15 C. Park. 16 This fee is based on the County’s schedule, published 01/12/2006 or the 17most recent update. 18 D. Public Building. 19 This fee is based on the County’s schedule, published 2001/12/2006 or the most recent update. 21 22ARTICLE V. IMPACT FEES AND DEDICATIONS 23Section 1. In general. 24 Impact fees are regulatory fees due for land development activity causing a need for capital 25improvements. 26 27Section 2. Palm Beach County Fees/dedications. 28 Palm Beach County ordinances require that certain impact fees be paid concurrent with 29development activities, collectible prior to issuance of certain permitting fees. Developers in 30Boynton Beach shall pay such fees in accordance with Palm Beach County ordinances. 31 32Section 3. Establishment of parks and recreation facilities impact fee or land dedications in lieu 33thereof. 34 A. PURPOSE. This section is enacted to insure that future land development within the 35city provides land and facilities for park or recreational purposes in accordance with the open 36space and recreation element of the comprehensive plan adopted by the city. 37 38 B. IMPACT FEE IMPOSED. A park and recreation facilities impact fee is hereby 39imposed on all the development of all real property that is hereinafter developed or redeveloped 40for residential use within the city limits. 41 42 C. PURPOSE OF IMPOSITION OF FEE. The imposition of a park and recreation 43facilities impact fee is to provide a source of revenue to fund the construction or improvement 44of the city park system necessitated by growth, as delineated in the capital improvement 45element of the proposed comprehensive plan. The purpose of this section is to ensure that all 46future residential land development creating an impact on park and recreational facilities within 47the city shall bear a proportionate share of the cost of capital expenditure necessary to provide December 14, 2009 7 IMPACT AND SELECTED FEES 1such facilities in accordance with the open space and recreation element of the comprehensive 2land adopted by the city. 3 4 D. APPLICABILITY OF FEE. The provisions apply to development, including the 5residential component of mixed-use developments. The provisions of this section shall not 6apply to nonresidential property. 7 8 E. DEFINITIONS. When used in this section, the following terms shall have the 9following meanings. 10 11 APPLICANT - The person or entity applying, or required by the city code to apply, for a 12building permit for the construction of three or more dwelling units, or for the construction of 13one or more dwelling units within a development of three or more units. Applicant is 14synonymous with owner. 15 16 DWELLING - A living facility for one or more persons, such as a one-family house, an 17apartment or a condominium. 18 19IMPACT FEE - Park and recreation facilities impact fee. 20 21 OBLIGOR - Any person or entity who is obligated to pay a park and recreation facilities 22impact fee pursuant to the city's Park and Recreation Facilities Impact Fee Ordinance. 23 24 PARK- A public park within the city that is not owned or operated by the county. 25 26 RESIDENTIAL UNIT – An apartment, condominium, single-family detached house, 27mobile home, single-family attached house or multi-family housing established for human 28habitation. This excludes hotels, condominium hotel units, extended stay hotel units or 29timeshares. 30 31 F. TIME OF IMPACT FEE PAYMENT. Payment of park and recreation impact fees or 32transfer of title to land conveyed in lieu of a cash payment, shall be made prior to the issuance 33of a building permit, or prior to approval finality of an development order approving an 34application for plat or replat, whichever occurs first. 35 36 G. IMPACT FEE CALCULATION. The formula used to develop park and recreation 37facilities impact fee assessment is set forth as Appendix A at the end of this chapter. 38 39 H. IMPACT FEE AMOUNT. The established park and recreation facilities impact fee per 40residential unit is as follows: 41 42Type of Dwelling Unit 43 Impact Fee per Dwelling Unit 44 45Single-family, detached 46 $1,418 47 December 14, 2009 8 IMPACT AND SELECTED FEES 1Single-family, attached 2 $1,045 3 4Multi-family 5 $924 6 7 I. CREDIT TOWARDS IMPACT FEE IMPOSITION. Where a building consisting of one 8or more dwelling units is replaced by another building of one or more dwelling units, there shall 9be a credit against the payment of the fees originally paid or assessed. 10 11 J. LAND DONATION AS IMPACT FEE OBLIGATION SATISFACTION. Some or all 12of the park and recreation facilities impact fee obligation may be satisfied by dedication of land 13to the city for park and recreation facilities. The process of donation may be initiated by the 14applicant or the city upon the formal filing of a development application and prior to the 15completion of staff reviews. When city staff anticipates the need for a land dedication in lieu of 16an impact fee, city staff shall notify the property owner/applicant at the pre-application meeting. 17 Staff's notification to the property owner/applicant shall include a statement that only the City 18Commission has the authority to decide when a land dedication will be required in lieu of the 19payment of the impact fee. In either case, the decision to accept land in lieu of a fee is reserved 20to the City Commission. 21 22 1. When either an applicant or the city proposes a land dedication in lieu of all or part 23of the required cash fee, the applicant shall submit to the Director of Parks and Recreation a 24proposed plan for the dedication of land for impact fee satisfaction. The proposed plan shall 25include a legal description of the land and a written appraisal of the land, along with a proposed 26date for the donation of the land. Upon receipt of the proposed plan, the Director of Recreation 27and Parks shall schedule a hearing before the City Commission at the next regularly scheduled 28meeting for the purpose of reviewing the proposed plan, and shall provide the applicant written 29notice of the time and place of the hearing. Such hearing shall be held in accordance with the 30City Commission rules for conducting quasi-judicial hearings. The City Commission, 31following a written recommendation from the Director of Parks and Recreation and the City 32Manager, shall, following the public hearing determine whether it shall require a land 33dedication in lieu of a fee by consideration of the following: 34 35 a. Suitability. The land should be suitable for future park and recreation facilities 36based upon the size, shape, topography, geology, access and location of the proposed 37development; 38 39 b. No defects. The land must have no known physical problems such as problems 40with drainage or flooding, or on-site safety hazards associated with it; 41 42 c. Consistency. The location of the land and its potential for development should be 43consistent with the city's Recreation and Parks Strategic Plan. 44 45 2. Nothing contained herein should be construed to prevent the City Commission from 46exercising its authority to decline the donation of land as partial or full satisfaction of the park 47and recreation impact fee. December 14, 2009 9 IMPACT AND SELECTED FEES 1 2 3. The fair market value of said land dedicated in lieu of a cash fee will be credited to 3the applicant against the impact fee as set forth in this section. If the fair market value exceeds 4the applicant's impact fee obligation, the reimbursement will be made to the applicant by direct 5cash payment from the trust fund. 6 7 4. The value of the proposed land to be dedicated shall be based upon a written 8appraisal of fair market value by a qualified and professional appraiser, and based upon 9comparable sales of similar property between unrelated parties in a bargaining transaction, if 10available. The appraiser must: be a Member of the Appraisal Institute (M.A.I.); have his or her 11principal office for business in Martin, Palm Beach or Broward County; and have been qualified 12to testify as an expert on land valuation in a court proceeding in at least three (3) legal 13proceedings involving a governmental entity. The fee of the appraiser shall be paid by the 14applicant when a dedication in lieu of a cash fee is requested by the applicant and by the city 15when the dedication in lieu of a cash fee is initiated by the city. 16 17 K. USE OF PARK IMPACT FEE PROCEEDS. 18 19 1. The funds collected pursuant to the Park and Recreation Facilities Impact Fee 20Ordinance shall be paid to the city, and placed in a trust fund to be known as the reserve for 21parks and recreational facilities. 22 23 a. This account shall be used solely for the acquisition, improvement, expansion or 24implementation of parks and recreational facilities in the city. 25 26 b. Funds shall be used first for the purpose of providing park or recreational 27facilities reasonably related to serving the subdivision by purchasing land or by improving the 28land for park and recreational purposes. 29 30 c. If both adequate land and improvements exist in the area, funds may be spent to 31acquire or improve park and recreational facilities elsewhere in the city. 32 33 2. The amount of the park impact fee collected pursuant to this section plus any interest 34accrued may be returned to the person or entity that paid the fee, upon petition for refund, only 35if such fees have not been expended or encumbered by the end of the fiscal year immediately 36following the sixth (6th) anniversary of the date upon which such fees were paid. 37 38 3. Refunds shall be made in accordance with the following procedure: 39 40 a. The completed petition for refund must be submitted to the Director of Parks, via 41certified mail return receipt requested, and shall consist of: 42 43 i. A notarized sworn statement that the applicant was the entity that paid the 44impact fee; 45 46 ii. A copy of the dated receipt issued for payment of the impact fee or such other 47record that would indicate payment/credit for such fee; December 14, 2009 10 IMPACT AND SELECTED FEES 1 2 iii. A certified copy of the latest recorded deed; and 3 4 iv. A copy of the most recent ad valorem tax bill. 5 6 b. Within ninety (90) days from the date of a receipt of a complete petition for 7refund: 8 9 i. The Director of Recreation and Parks will advise the applicant of the status of 10the request for refund; and 11 12 ii. If such impact fee or portions thereof have not been spent or encumbered 13within its applicable time period, then the fee or portion thereof not spent or encumbered shall 14be returned to the applicant. 15 16 c. For the purposes of this section, fees collected shall be deemed to be spent or 17encumbered on the basis of first fee in, first fee out. 18 19(Ord. No. 06-025, § 2, 4-4-06; Ord. No. 06-057, § 2, 7-5-06; Ord. No. 07-027, § 2, 10-2-07) 20 21ARTICLE VI. LAND DEVELOPMENT FEES. Fees shall be charged for land development activities 22described herein as established by the City Commission from time to time by resolution. Current and 23applicable fee schedules and/or resolutions can be obtained at the office of the city clerk or department of 24development. 25 27 26 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 2 Land Development Process\Final\Amended\Article VI Impact and Selected Fees.doc December 14, 2009 11 ZONING CHAPTER 3. ZONING 1 2 3Article I. Overview 4Article II. General Provisions 5Article III. Zoning Districts and Overlay Zones 6Article IV. Use Regulations 7Article V. Supplemental Regulations 8 9CHAPTER 2 ZONING 10Section 1. Definitions of terms. 11Section 2. Scope and authority of the zoning regulations. 12Section 3. Regulations and map. 13Section 4. General provisions. 14Section 5. Residential district regulations and use provisions. 15Section 6. Commercial district regulations and use provisions. 16Section 7. Planned industrial development district. 17Section 8. M-1 industrial district regulations and use provisions. 18Section 8.5 Overlay zones 19Section 9. Administration and enforcement. 20Section 10. Reserved. 21Section 11. Supplemental regulations. 22Section 11.1. Nonconforming uses and structures. 23Section 11.2. Conditional uses. 24Section 11.3. Environmental review permits. 25Section 12. Interpretation and purpose. 26Section 13. Existing bulkhead line ratified and confirmed. 27Section 14. Bulkhead line; permit required for land filling. 28Section 15. Conflict of interest. 29Section 16. Bed and breakfast. 30Section 17 Sidewalk Cafe. 31Section 18.Urban Commercial District Overlay. 32 ARTICLE I. OVERVIEW 33 34 Section 1. Use of Terms. 35Definitions of terms 36 37GENERAL DEFINITIONS. All words used in the present tense shall include the future tense; 38All words in the singular number shall include the plural number; and all words in the plural 39number shall include the singular number unless specifically indicated the natural construction 40indicates otherwise; the words “used for” shall include the meaning “designed for,” the word 41structure shall include the word “building,” the word “lot” shall include the words “plot and 42tract,” and the word “shall” is mandatory. 43 Section 2. Scope 44. A.SCOPE. 45 46The purpose of these regulations is to promote the physical and economic development of the 47City, and foster the use and enjoyment of property in a manner consistent with adopted plans, 48regulations, and policies. The intent of these regulations is to promote public health, safety, and OVERVIEW 1welfare; to provide for efficient circulation; to improve the appearance of the community; to 2assure compatible land uses; and to preserve the resources and character of the area. This 3zoning regulation is a includes comprehensive zoning rules regulation for the City of Boynton 4Beach, Florida; dividing the city into districts and establishing the boundaries thereof; 5regulating and restricting the erection, construction, reconstruction, alteration, repair, or use of 6buildings, structures or land or water; regulating and restricting the height, number of stories, 7and size of buildings and other structures; regulating and restricting the percentage of lots that 8may be occupied; regulating and restricting the size of yards, courts, and other open spaces; 9regulating and restricting the density of population; regulating and restricting the location or use 10of buildings, structures, and land and water for trade, industry, residence, agriculture, and other 11purposes; specifying the use of defining certain terms herein used; providing for the 12administration, enforcement and amendment of this regulation; establishing and defining the 13powers and duties of both the Planning and Development Board and the Community 14Redevelopment Agency Board planning and development board; establishing and defining the 15powers and duties of the Building Board of Adjustment and Appeals board of adjustment; 16setting penalties for violation of this zoning regulation and authorizing resort to other remedies 17to prevent or abate violation; providing that this zoning regulation shall supersede any previous 18zoning ordinance or resolution; and for other purposes. 19 Section 3. Authority. 20B.AUTHORITY. 21 22Pursuant to the provision of the Charter of the City of Boynton Beach, Florida, the City 23Commission of the City of Boynton Beach, Florida, has adopted and hereby declares the intent 24to utilize the “Official Zoning Regulations” (together with the official zoning map) for the 25betterment of the city as so entrusted to them. 26 Section 4.Official Zoning Map. 27 28 29Section 3. Regulations and map. This set of regulations together with the official zoning map 30with explanatory matter thereon, shall be known, used and may be cited as the “Official Zoning 31Regulations of the City of Boynton Beach, Florida, Palm Beach County.” 32 A. Adoption. 33 OFFICIAL ZONING MAP. 1. Adoption. The district 34boundaries hereinafter set forth and delineated on the official zoning map, including all 35explanatory matter thereon, are is hereby adopted. The official zoning map shall be 36maintained as a digital format GIS document. The most recent version of the official 37zoning map shall be kept on file, in printed form, in the office of the City Clerk. 38 B. Updates 39 2.Updates. The City Commission may amend the official 40zoning map from time to time by ordinance. The official zoning map shall be notated to 41list all revision dates and Ordinance numbers. 42 C. Establishment of Zoning Districts. 43 3. Establishment of zoning districts: The 44City of Boynton Beach is hereby divided into zoning districts as follows and as 45delineated on the official zoning map which, together with all explanatory matter 46thereon, is hereby declared a part of the official zoning regulations: 47 August 16, 2010 2 OVERVIEW 1R-1-AAASingle-family residential district 2 3R-1-AAB Single-family Residential residential district 4 5R-1-AA Single-family Residential residential district 6 7R-1-A Single-family Residential residential district 8 9R-1 Single-family Residential residential district 10 11R-2 Single-and two-family Residential residential district 12 13R-3 Multi-family Residential district Multiple-family residential district 14 15IPUD Infill Planned Unit Development district 16 17PUD Planned Unit Development district 18 19MHPD Mobile Home Planned Development district 20 21C-1 Office and Professional Commercial professional district 22 23C-2 Neighborhood Commercial commercial district 24 25C-3 Community Commercial commercial district 26 27C-4 General Commercial commercial district 28 29CBD Central Business business district 30 31PUDPlanned unit development district 32 33PCD Planned Commercial Development commercial district 34 35SMU Suburban Mixed-Use district 36 37PIDPlanned industrial development district 38 39M-1Industrial district 40 41PUPublic usage district 42 43RECRecreation 44 45MU-LMixed Use-Low Intensity district 46 47MU-L1 Mixed Use-Low Intensity 1 district August 16, 2010 3 OVERVIEW 1 2MU-L2 Mixed Use-Low Intensity 2 district 3 4MU-L3 Mixed Use-Low Intensity 3 district 5 6MU-H Mixed Use-High Intensity district 7 8M-1 Industrial district 9 10PID Planned Industrial Development district 11 12PU Public Usage district 13 14REC Recreation district 15 16AG Agriculture 17 D. Zoning District Boundaries 18 19 1. Changes 204.Changes in district boundaries. In accordance with 21the provisions of these official zoning regulations, and applicable provisions of 22both the Charter of the City of Boynton Beach, and applicable provisions of 23Chapter 163 of Florida Statutes, changes may be made in district boundaries or 24other matter portrayed on the official zoning map by action of the City 25Commission. The official zoning map shall be maintained in the records of both 26the Office of the City Clerk and the Department of Development, and made 27available for viewing by the general public of Boynton Beach. Within thirty 28(30) days after the passage and the receipt of a properly attested copy of a 29change or an amendment by ordinance, the planning director or development 30director shall make the proper change on the official zoning map and shall keep 31on file the copy of the change and make same available for reference for the 32general public. 33 2. Interpretation 34. 5. Rules for interpretation of district boundaries. 35 a. Extent 36. a.Extent of district boundaries: The zoning 37within any district extends throughout the entire area of the district 38unless otherwise specifically provided. 39 b. Locations 40. b. Boundary locations: District boundaries follow 41lot lines, centerlines of right-of-ways of streets, alleys, railroads, canals, 42lakes, the corporate limits as they exist at the time of this document, or 43other geographical or topographical features. 44 45In unsubdivided property, unless dimensioned, lines shall be determined 46by the use of the scale on the map. 47 August 16, 2010 4 OVERVIEW cWaterways 1.. c.Boundaries following waterway 2shorelines. District boundaries will follow changes in shorelines, except 3where such interpretation would change the zoning classification of a lot 4or parcel, and in each case, the interpretation shall avoid changing the 5zoning of any lot or parcel. Submerged lands shall assume the 6regulations of the abutting district adjacent as the district shall be 7construed to extend into the water area in a straight projection until met 8centerwise by other districts. 9 d. Abandonments. 10 d. Boundaries concerning abandonment. 11 If the boundaries are not changed, the zoning of the property abutting 12shall extend into and to the centerline or to such ownership line as can 13be determined of the property abandoned. 14 e. Annexation 15. e. Boundaries and zoning. Boundaries and 16zoning of all lands annexed into the city shall be determined at the time 17of annexation. 18 f. Variations in Zoning District Boundaries 19. f. Boundary 20variations. Where there are variations or where the actual location on 21the ground differs from the mapped location, the interpretation shall be 22to avoid changing the zoning status of any lot or parcel. Necessary 23interpretation shall be made by the Director of Planning and Zoning, or 24the interpretation shall be made by the planning director and/or the 25planning and development board and City Commission as to the intent 26and purpose of these official zoning regulations. 27 28g.Division of a lot of record. If a division of a lot of record makes 29impractical the reasonable use of land, the extension of either portion 30may be permitted as an exception beyond a district line to a determined 31extent or into the remaining portion of a lot upon approval by the 32planning and development board and the City Commission. 33 Section 5. Relationship to Adopted Plans, Guidelines or Other Regulations. 34 7. 35Application of zoning regulations and adopted plans or design guidelines. Where When the 36adopted comprehensive plan for the city, adopted plans for the development or redevelopment 37of particular areas of the city or adopted design guidelines include policies which impose 38limitations or requirements on the use or development of property generally or for specific 39properties, which are more restrictive than those set forth in these zoning regulations, including 40district regulations and use provisions, including policies which limit the type or intensity of use 41of property, residential densities, or the height, setbacks, bulk, or design of structures, or site 42design, the more restrictive limitations or requirements set forth in such adopted guidelines or 43plans shall supersede the provisions of these zoning regulations. 44 458. Application of zoning regulations and other regulations. Where When other use or 46development regulations are more restrictive than those set forth in these zoning regulations, or 47in the case of conflict between specific provisions contained in these zoning regulations, August 16, 2010 5 OVERVIEW 1including regulations which limit the type or intensity of use of property, residential densities, 2the height, setbacks, bulk, or that regulate site design, the more restrictive regulations shall 3apply. (Ord. No. 02-013, § 2, 4-2-02) 4 5Section 12. Interpretation and purpose. In interpretation and application of this ordinance, 6the provisions herein shall be held to be the minimum requirements for the promotion of the 7public health, safety, morals and general welfare of the community. It is not the intent of 8intended by this ordinance to interfere with, or abrogate, or annul any easements, covenants, or 9other agreements between parties.; provided, however that where this However, in instances 10when this ordinance imposes a greater restriction upon the use of buildings or premises or upon 11the height of buildings, or requires larger open spaces than are imposed or required by other 12ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this 13ordinance shall control; and provided further that Furthermore, this ordinance shall not be 14construed to supersede as superseding any special act of the legislature relative to the subject 15matter of this ordinance. If, because of error or omission in the zoning map, any property in the 16city is not shown as being in a zoning district, the classification of such property shall be R-1-A 17single-family, unless changed by amendment to this ordinance. 18 19 20 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 3 Zoning\Final\Article I Overview.doc August 16, 2010 6 GENERAL PROVISIONS ARTICLE II. GENERAL PROVISIONS 1 2 3G. TOWN HOUSE. All town house developments shall conform to the district zoning and shall 4meet the following minimum requirements: 5 6 1. Each town house shall have its own lot area, each yard private and reasonably secluded from 7view of streets or neighboring property. 8 9 2. Each town house shall have a direct automotive access from the off-street parking space to a 10public street. 11 12 3. All outdoor, rear yard areas used for drying of clothes shall be screened from view from the 13street and from adjoining yards and lots. 14 15 4. Parking space shall be provided for as by Section 11-H. 16 176. Application of district regulations. The regulations for set by the zoning regulations within each 18district shall be minimum or maximum limitations, as appropriate to the case, and shall apply uniformly 19to each class or kind of structure, use, or land or water except as hereinafter provided: provided 20otherwise in these regulations. 21 Section 1. Use 22. a. Use. No building or structure or land shall hereafter be used or 23occupied, and no building or structure or part thereof shall be erected, constructed, 24reconstructed, moved or altered except in conformity with the regulations herein specified for 25the district in which it is located. 26 Section 2. Frontage 27. e. Public street frontage. Each shall be erected on a lot which 28abuts or has access to a public or private street, road, or easement for ingress or egress. Such 29access shall be of adequate width to suit the use of the property and shall meet the requirements 30of the city. 31 32C. BUILDING FRONTAGE. Every principal building shall be located on a lot or a 33publicly dedicated, accepted, and maintained street or private street which conforms to accepted 34street standards of this city. 35 36Section 7. Lots. All lots shall have frontage on a street or have permanent private access to 37a street which has a minimum right-of-way of fifty (50) feet. All lots shall have the area, 38frontage, width and depth required by the prevailing or approved use zone wherein said lots are 39located. When a subdivision is proposed under land with existing structures that are proposed 40to be retained, lots are to be designed so as not to cause existing structures to become 41nonconforming with respect to building area or lot size. When lots are platted abutting a 42collector or arterial street, access shall be limited to local streets or marginal access roads. No 43access from individual lots shall be permitted directly to collector or arterial streets. Double 44frontage lots or through lots shall be avoided except where essential to provide separation of 45residential development from traffic arteries or to overcome specific disadvantages of 46topography or orientation. Where double frontage lots are developed they shall be buffered as 47required by this ordinance. August 2, 2010 1 GENERAL PROVISIONS 1 A. Corner Lots. 2 Corner lot lines at intersecting rights-of-way shall be the long 3chord of a twenty-five-foot radius or of a greater radius where deemed necessary. 4Corner lots shall be designed to provide a safe intersection with respect to sight 5distance. A restriction shall be defined on the plat prohibiting construction or plantings 6over 2 foot six inches high on corner lots within a safe sight distance based on the crown 7elevation of the street. (Ord. No. 96-56, § 6, 1-21-97) 8 B.Through-LotsDouble Frontage). 9 ( D. DUAL FRONTAGE LOTS, ALSO 10REFERRED TO AS "THROUGH LOTS". The predominant building orientation on the 11block where the through dual frontage lot is located shall determine front and rear 12setbacks. No accessory structures may be forward of the front building line, as 13determined above (example: pools, sheds, swing set, etc.). Additionally, fences, walls, 14and hedges may be placed at the regulated height for rear yards, as determined above, 15provided there is a provision made for a hedge along the street-side of the wall or fence. 16 Said wall or fence must be setback a minimum of 18 inches from the property line and 17planted with a continuous hedge at a minimum of one-half the height of the wall or 18fence. Said landscape material shall be appropriately irrigated. 19 C. Cul-de-sac 20. G.CUL-DE-SAC. The allowed frontage of a lot when shaped 21by a cul-de-sac or the frontage of any other irregular shaped lot, shall be measured at the 22setback or building line, and shall be not less than seventy-five percent (75%) of the 23required lot frontage in the applicable zoning district. 24 Section 3. Principal Buildings 25. A.ONE PRINCIPAL BUILDING PER LOT. Within 26single-family residential districts, only one (1) principal building and its accessory buildings 27shall occupy or be constructed upon any lot or lots; or portions of lots; or lots that have been 28previously that may be combined to meet the size required for each district. 29 30d. Limitation on number of principal buildings on lots in residential areas. Except as 31hereinafter provided, only one (1) principal residential building, and its customary accessory 32buildings, except for multi-family buildings and cluster development, may hereafter be erected 33on any lot. 34 35 Section 4. Height / Density 36. b. Height and density. No building shall hereafter be 37erected, constructed, reconstructed, or altered to exceed the height or density limitations 38requirements of the defined zones. 39 Section 5. Yards / Open Space 40. c. Yards and other spaces. No part of a yard or other 41space or the off-street parking or loading space required for about any building for the purpose 42of complying with the provisions of this ordinance shall be included as part of the yard or off- 43street parking or loading space required for a separate, off-site another building. 44 Section 6.Visual Obstructions. 45 No opaque wall, fence, sign, plant material, or other site 46improvement shall be erected, created, or maintained in any zoning district in such a manner 47that it would violate any cross-visibility and safe-sight standards required near vehicular use August 2, 2010 2 GENERAL PROVISIONS 1areas, such as within off-street parking areas; points of ingress and egress, including driveways 2of single-family and duplex homes; or along rights-of-way. It shall be considered safe-sight 3when horizontal (unobstructed) cross-visibility is maintained between 30 inches and eight (8) 4feet. It is the responsibility of the City Engineer or designee to determine the area(s) on 5properties or within rights-of-way where cross-visibility is required. The City Engineer or 6designee shall have the authority to order the removal of any opaque wall, fence, plant material, 7sign, or improvement, including that which was lawfully permitted by the City, if it is 8determined that a visual obstruction is created, and such obstruction poses a threat or hazard to 9pedestrians, bicyclists, and motorists traversing on or between properties, or within abutting 10rights-of-way. Any appeal of a decision made by an administrative official may be presented 11to, and decided by, the City Commission in accordance with Chapter 1, Article VIII, Section 1. 12 13E. VISUAL OBSTRUCTIONS.No fence, sign, planting,planning, hedge, shrubbery, wall, 14or other visual obstruction shall be created or maintained with a height between greater than two 15(2) feet – six (6) inches and eight (8) feet above the street level, within 25 feet of the 16intersection of the right-of-way lines of two (2) streets, in any zone, except that open chain-link 17type fences may be a maximum of four (4) feet and kept visually clear (see Chapter 4, Article 18VIII, Section 3.B.18.). 19 Section 7. Accessory Buildings. 20 B.ACCESSORY BUILDINGS. Accessory 21buildings in residential districts shall be constructed to conform with to the minimum building 22and site regulations that are generally applicable in the district where the building is to be 23located. located, provided, however: All accessory buildings shall be located only in the side 24or rear yard.; and Rules regarding detached storage structures and other accessory structures 25shall be in compliance with the Supplemental Regulations pursuant to Chapter 3, Article V, 26Section 3. 27 28Detached storage structures of any type construction not exceeding one hundred (100) square 29feet in floor area and eight (8) feet in height for a flat roof or nine (9) feet in height at peak for a 30sloped roof, may be erected to a point at least three (3) feet from the side property line and/or at 31least three (3) feet from the rear property line providing no easement rights are abridged. 32Where the detached storage structure is visible from an adjacent right-of- way or abutting 33property, it shall be effectively screened with appropriate landscaping, a wall and/or a fence. 34 Section 8. Temporary Buildings 35 TEMPORARY BUILDINGS. Temporary 36buildings such as models, offices and tool sheds used in conjunction with construction work 37only, may be permitted in any district after approval of the building inspection department and 38the removal of which is accomplished within thirty (30) days after construction ceases or is 39completed. Mobile and temporary storage structures shall be regulated in accordance with 40Chapter 3, Article V, Section 3.E.2. 41 Section 9. Calculating Required Living Area for Residential 42 K. REQUIRED 43SQUARE FOOTAGE. Residential square footage shall be computed as follows: 44 Description Percentage August 2, 2010 3 GENERAL PROVISIONS Screen rooms 10% Attached carports, roofed over open porches 25% Attached garages, roofed over screened porches and 50% utility rooms All other area under roof 100% Accessory building(s) 0% 1 Section 10. Penalties. 2 3 4The City or any other legal authority shall enforce any violation of this article pursuant to the 5penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 6Regulations. 7 8 9 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 3 Zoning\Final\Article II General Provisions.doc August 2, 2010 4 ZONING DISTRICTS AND OVERLAY ZONES ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES 1 2 Section 1. Overview. 3 4 A. General. 5 Pursuant to Chapter 1, Article III, Section 5.b, any given 6parcel of land in the City shall have a zoning district that corresponds with the Future 7Land Use Map (FLUM) classification of the Comprehensive Plan. November 9, 2010 1 ZONING DISTRICTS AND OVERLAY ZONES B. Residential Building and Site Regulations (Table 3-1). 1 2 R-1 R-1 R-1 R-2 R-3 RESIDENTIAL PUD MHPD R-1IPUD AAB AA ADuplex Multi 111 FlexibleFlexibleFlexible 13 Density (dwelling units per acre): 5 5.5 6 7.5 10 Flexible 333 Project Area, Minimum (acres)N/A N/A N/A N/A N/A N/A 1 to 5 5+ 10+ 11 Flexible Flexible 1115 Lot Area per unit, Minimum (square feet):9,000 8,000 7,500 6,000 4,500 4,0004,200 00 11 FlexibleFlexible Lot Frontage, Minimum (feet):90 75 60 60 75 100N/A 00 Living Area, Minimum A/C (square feet):1,800 1,600 1,400 1,200 750 750 750 750 N/A Lot Coverage, Maximum:45% 45% 45% 50% 40% 40% 50% N/A N/A Floor-Area-Ratio (FAR) for Non- 66 N/A N/A N/A N/A 0.10 N/A 0.20 N/A N/A Residential, Maximum: 7898 Structure Height, Maximum (feet): 30 30 30 30 25 45 45 45 30 Building Setbacks, Minimum (feet): 55 Front: 25 25 25 25 25 40 Flexible Flexible 20 1155 Interior side: 10 10 7.5 7.5 10 20 Flexible Flexible 5 444445514 Corner side: 25 25 25 25 25 40 Flexible Flexible 10 444445514 Rear: 20 20 20 20 25 40 Flexible Flexible 10 Special rear yard setback reductions Maximum Percentage of Reduction: for 1-story building additions abutting: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/AN/AN/AN/A Intracoastal Waterway (ICWW): 50% 50% 50% 50% N/AN/AN/AN/AN/A Lake: 50% 50% 50% 50% N/AN/AN/AN/AN/A Golf course: 50% 50% 50% 50% N/AN/AN/AN/AN/A Canal wider than 150 feet: 50% 50% 50% 50% N/AN/AN/AN/AN/A Canal narrower than 150 feet: 33% 33% 33% 33% N/AN/AN/AN/AN/A Commercial / industrial: 50% 50% 50% 50% N/AN/AN/AN/AN/A Public / private park: 50% 50% 50% 50% N/AN/AN/AN/AN/A Perimeter wall abutting non- 50% 50% 50% 50% N/AN/AN/AN/AN/A residential: Administrative Adjustment:Maximum Percentage of Reduction (to standard yard setback): Front yard: 20% 20% 20% 20% N/AN/AN/AN/AN/A Side yard: 20% N/A 20% 20% N/AN/AN/AN/AN/A Rear yard: 25% 25% 25% 25% N/AN/AN/AN/AN/A General Notes: 1, 2 1, 2 1, 2 1, 2 3 3 12 3 4 1.The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions allowed 5 Administrative Adjustments. 6 2.An administrative adjustment to reduce a setback may be granted if any first floor addition follows the building line of a legally non-conforming single-family structure, or a 7 building line previously approved by a variance. 8 3.Existing and / or planned single family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. 9 4.Where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two 10 (2) front yard setbacks are provided for on a corner lot, no rear yard back setback shall be required, only side yard setbacks shall be imposed. 11 5.Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family zoning, required 12 perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter buildings shall have an 13 increased setback of one (1) additional foot for every foot of building height in excess of 30 feet. Project design along abutting roadway(s), including setbacks, shall be based on 14 existing development patterns or applicable recommendation from the respective development plan. 15 6.A Floor Area Ratio (FAR) may be considered for non-residential uses allowed within this zoning district (see “Use Matrix” – Chapter 3, Article IV, Section 3.), and pursuant to the 16 applicable Future Land Use classification of the Comprehensive Plan. 17 7.Not to exceed two (2) stories. 18 8.Not to exceed four (4) stories. See Note #5 for additional setback requirements relative to building height. 19 9.A lesser building height may be required for compatibility with adjacent development. See Note #5 for additional setback requirements relative to building height. 20 10.Individual lots within an IPUD or PUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. 21 11.The minimum lot area shall be 7,500 square feet and the minimum side yard shall be 7 1/2 feet for properties developed and / or platted prior to Jun 13, 1975. 22 12.A total of 200 square feet of usable open space shall be required for each dwelling unit (see Chapter 4, Article III, Section 3.B). 23 13.The maximum allowable density is determined by the applicable Future Land Use classification of the Comprehensive Plan. 24 14.Perimeter building setbacks of the Mobile Home Park district shall mirror the building setbacks of adjacent zoning district(s), but with a minimumof the setback required for a 25 single-family residence. November 9, 2010 2 ZONING DISTRICTS AND OVERLAY ZONES 1 15.Multi-family dwellings and Group Homes require 4,000 square feet. All other uses allowed in R-3 require 20,000 square feet. November 9, 2010 3 ZONING DISTRICTS AND OVERLAY ZONES C. Non-Residential Building and Site Regulations (Table 3-2). 1 2 NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 PID REC PU 1715 Density (dwelling units per acre):N/A N/A 11 N/A 11 Flexible N/A Flexible N/A N/A 1414 Project Area, Minimum (acres)N/A N/A N/A N/A N/A 3 N/A 25 N/A N/A Lot Area per unit, Min. (square feet):9,000 5,000 15,000 5,000 15,000 Flexible 10,000 Flexible 43,560 8,000 Lot Frontage, Minimum:75 50 75 50 75 Flexible 0 Flexible 100 75 Lot Depth, Minimum:120 100 N/A 100 100 N/A N/A N/A N/A N/A 181316 Lot Coverage, Maximum:40% 40% 40% 40% 75% 40% 60% 60% N/A N/A Floor-Area-Ratio (FAR), Maximum:0.40 0.50 0.50 0.50 N/A 0.50 0.50 0.50 N/A N/A 119101010, 12101010, 191010 Structure Height, Maximum (feet):30 25 45 45 45 45 45 45 45 45 26 Hospital max. structure height 45 N/A N/A N/A N/A N/A N/A N/A N/A 60 21 Building Setbacks, Minimum (feet): 20 Front 30 30 20 25 0 40 15 30 25 25 256320 Rear 20 20 20 20 20 40 20 30 25 25 15420 Interior side 10 15 0 15 0 30 15 20 25 15 5720 Corner side 10 20 20 15 8 30 15 30 25 15 Building Setbacks, Minimum if abutting 21 a residential district (feet): Rear 30 30 30 30 N/A N/A 30 N/A N/A 30 Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30 Corner side 30 30 30 30 N/A N/A N/A N/A N/A N/A 8 Waterfront yard N/A N/A N/A N/A 8 N/A N/A N/A N/A N/A 3 4 1.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. 5 2.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 6 less than ten (10) feet. 7 3.Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to 10 feet. 8 4.Where rear yard abuts a paved alley or street, then no side setback shall be required. 9 5.Where rear property line abuts a public street or alley, rear yard setback may be reduced to 10 feet and no side yard shall be required, except on corner lots. 10 6.Where rear property line abuts a public street or alley, rear yard setback may be reduced to eight (8) feet at first floor level, in which case, no setback shall be required at all 11 other floor levels. 12 7.Eight (8) feet is required at first floor level. No setback shall be required at all other floor levels. 13 8.Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subject property line. However, setbacks are 14 measured from the mean high water line if the body of water is under the same ownership as the subject property. 15 9.Not to exceed two (2) stories. 16 10.Not to exceed four (4) stories. 17 11.Buildings designed with under-story parking shall be allowed a maximum building height of 35 feet but only with conditional use approval. 18 12.The maximum building height shall be 45 feet, except for buildings which contain a mix of uses (residential in combination with nonresidential uses). In these instances, the 19 maximum building height may be increased to 100 feet, but contingent upon conditional use approval. Mechanical equipment which exclusively serves the structure shall 20 not be included in the calculations of height. 21 13.The total ground floor area of all buildings and accessory structures shall not exceed 40% of the plot on which they are constructed. 22 14.Contiguous acres. 23 15.Residential uses are only allowed within a Mixed-Use Pod of a PID that has a DRI Future Land Use classification. Maximum residential densities shall be in accordance 24 with the thresholds established for the respective DRI. 25 16.The gross floor area of the building and accessory structures shall not exceed 60% of the plot on which it is constructed. 26 17.The maximum allowable density is determined by the applicable Future Land Use classification of the Comprehensive Plan. 27 18.The maximum lot coverage is 85% for parking garages. 28 19.No more than four (4) stories, with the exception of buildings in a Mixed-Use Pod of a PID, pursuant to Section 6.B.8 below. 29 20.For hospital buildings, additional setbacks in excess of 30 feet shall be required for any height over 45 feet. The additional setback shall be measured by calculating 30 three (3) additional feet of setback for each foot in height above 45 feet, not including minimal rooftop equipment that are eligible for height exception pursuant to 31 Chapter 2, Article II, Section 8. 32 21.May be subject to the Martin Luther King Jr. Blvd Overlay Zone (MLKBOZ) or Urban Commercial District Overlay Zone (UCDOZ), where applicable. See Section 8 for 33 regulations pertaining to both the MLKBOZ and UCDOZ. November 9, 2010 4 ZONING DISTRICTS AND OVERLAY ZONES D. Mixed-Use Suburban Building and Site Regulations (Table 3-3). 1 2 3 SUBURBAN MIXED-USE (SMU) Types of Uses DISTRICT Residential Single- Other Uses (includes Building / Site Regulations Family (Attached or Multi-Family Mixed-Use) Detached) Density (dwelling units per acre) 20 20 N/A 1 Project Area, Minimum: SMU district - 10 acres 14142 Lot Area per unit, Minimum (square feet): Flexible Flexible 10,000 14 Lot Frontage, Minimum (feet): Flexible 100 100 151515 Living Area, Minimum A/C (square feet): 1,200 750750 8 Floor Area Ratio (FAR), Maximum: N/A N/A1.0 999 Structure Height, Minimum (feet): 353535 6, 106, 10 Structure Height, Maximum (feet): 35 55 55 Building Setbacks Build-to-line (feet): 34, 5, 65, 6, 7 Front: 10 10 10 Building Setbacks, Minimum (feet): 66, 14 Side: 15 corner 10 end 10 0 14 Flexible 66, 14 Rear:15 Flexible 11, 1211, 1311, 13 Usable Open Space, Minimum (square feet): 30%20% 20% 4 5 1.Minimum project size. A minimum of ten (10) acres shall be required for any project developed under the provisions of the SMU regulations. 6 2.Hotels must be part of a mixed-use project of at least three (3) acres in size. 7 3.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 8 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. 9 4.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 10 public sidewalk. 11 5.Front yard build-to line along major arterial roads, a maximum of 90 feet inclusive of a 25-foot landscape buffer. 12 6.The Height Setback Envelope in accordance with Section 5.C below shall apply where adjacent to developed single family residential zoning districts. 13 7.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 14 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 15 clearance. 16 8.Excluding residential uses and parking structures. 17 9.Applies to any façade with arterial roadway frontage. Multiple-story buildings are encouraged along arterial roadways. The intent of this provision is to create the 18 appearance, or simulate the intensity of, a minimum two (2)-story building. Conditional use approval required if less than the 35 foot minimum. 19 10.Building heights between 55 feet and 75 feet to the peak of the structure or any architectural details may be allowed only for interior buildings (those buildings separated 20 from the property line by another project building or use), if approved as a conditional use. The building / structure height measurement shall be conducted in accordance 21 with Section 5.C below. Exceptions to the maximum height shall not be allowed. 22 11.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 23 recreational structures. 24 12.At 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 25 each common pooled area shall have no dimension less than 75 feet. 26 13.Up to 50% of the usable open space required for “Multi-family” and “Other Uses” may be hardscaped plazas and public gathering places. 27 14.To be determined on a case by case basis, depending on the overall project design. 28 15.Accessory apartments must be at least 750 square feet in area (air-conditioned space). 29 November 9, 2010 5 ZONING DISTRICTS AND OVERLAY ZONES E. Mixed-Use Urban Building Site and Regulations (Table 3-4). 1 2 MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-H Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 12 Lot Frontage, Minimum (feet):100 100 150 200 Structure Height, Minimum 30 30 30 30 (feet): Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR): Classification of project frontage on type of roadway: 53355, 6 DU FAR HT DU FAR HT DU FAR HT DU FAR HT 65 / 75 /3.0/ 150/ Arterial: 45 20 1.030/40 2.0/2.54080 4.0 333 1001003.5125 Collector: 45 20 1.0 65 30/40 2.0/2.5 75 40 3.0/3.5 125 80 4.0 Local collector: 45 20 1.0 45 30/40 2.0/2.5 55 40 3.0 55 60 3.5 4 Local: 45 20 1.0 45 30/40 2.0/2.5 45 20 1.0 45 20 1.0 Building Setbacks Build-to-line 11 (feet): 10101010 Front abutting a public right-of-way0 to 100 to 100 to 100 to 15 Building Setbacks, Minimum (feet): 13 Rear abutting: 78777 Residential single family: 25/ 0 25 25 25 99 Intracoastal waterway: 25 25 0 0 12121212 All other uses: 10 10 10 10 13 Side abutting: 77, 8777 Residential single family: 25/ 0 25 25 25 12121212 All other uses: 10 10 10 10 Usable Open Space, Minimum 14 2% (square feet): 3 4 1.May be reduced if frontage extends from right-of-way to right-of-way. 5 2.Minimum of 50 feet, if frontage is on a collector/local collector roadway. 6 3.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 7 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 8 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. Must also have principal 9 frontage on Arterial roadway. 10 4.Must also have frontage on local collector or higher roadway classification. 11 5.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 12 zoning district where necessary to achieve the compatibility requirements of these regulations. 13 6.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 . 14 7.Plus one additional foot for each foot of height over 35 feet. 15 8.Where there is an intervening right-of-way of at least 40 feet. 16 9.Subject to permitting agency approval. 17 10.Sidewalk of at least 10 feet required. Setback may be greater if public plaza/gathering space is provided. 18 11.Listed eligible Historic structures are not required to meet these standards. 19 12.Reduction in setback may be allowed if void of negative impacts on adjacent use or on development potential of adjacent property. 20 13.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Chapter 3, Article III, Section 6.H.2. 21 14.Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall be devoted to usable open space, 22 consisting of plazas or public open space, excluding private recreation. See Chapter 4, Article III, Section 3.B. for additional regulations. 23 24 25 26 27 28 November 9, 2010 6 ZONING DISTRICTS AND OVERLAY ZONES Section 2. Residential Districts. 1 2 A. R-1-AAB SINGLE-FAMILY RESIDENTIAL DISTRICT. 3 4 1.General. 5 The purpose of the R-1-AAB zoning district is to 6implement the Low Density Residential (LDR) Future Land Use Map (FLUM) 7classification of the Comprehensive Plan. The intent of this conventional 8district is to promote the suburban character of the City by preserving and 9encouraging single-family dwellings and structures on large lots at densities no 10greater than five (5) dwelling units per acre, and allowing limited types of non- 11residential uses. 12 2. Use(s) Allowed 13. See “Use Matrix Table 3-28” in Chapter 3, Article 14IV, Section 3.D. 15 3. Building and Site Regulations (Table 3-5). 16 17 a. 18 The following lot and building setback requirements shall be 19observed: 20 BUILDING / SITE REGULATIONS R-1-AAB District 9,000 s.f. Minimum lot area: 90 feet Minimum lot frontage: Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for 1 single-story building additions: Abutting:I-95 or railroad tracks: 50% Abutting:Intracoastal: 50% Abutting:Lakes: 50% Abutting:Golf Course: 50% Abutting:Canals wider than 150 ft 50% Abutting:Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential:50% Abutting:Commercial or Industrial 50% Abutting:Public or private park: Interior side: 10 feet 2 Corner side: 25 feet Minimum living area:1,800 s.f. Maximum lot coverage:45% Maximum structure height:30 feet November 9, 2010 7 ZONING DISTRICTS AND OVERLAY ZONES 1 2 1 3 These special rear yard setback reduction provisions shall not 4supersede any setbacks that are recorded on a plat. 5 2 6 On corner lots, the side yard setback adjacent to the street shall 7be not less than one-half (1/2) the front yard setback. However, where 8orientation of adjacent lots on both street frontages provides typical front 9yard setbacks, the corner lot shall provide for front yard setbacks along 10both streets. When two (2) front yard setbacks are provided for on a 11corner lot, no rear yard setback shall be required, only side yard setbacks 12shall be imposed. 13 14 15 16 4. Administrative Adjustments 17. 18 a. 19 For lots platted prior to August 19, 2008, the following 20administrative adjustments to the minimum yard setbacks may be 21allowed: 22 23Front and side yard 20% reduction 24 25Rear yard 25% reduction 26 27These setback reduction provisions shall not supersede any setbacks that 28are recorded on a plat. November 9, 2010 8 ZONING DISTRICTS AND OVERLAY ZONES 1 b. 2 An administrative adjustment may be granted if any first floor 3addition follows the building line of a legally non-conforming single- 4family structure, or a building line previously approved by a variance. 5 c. 6 See Chapter 2, Article II, Section 4.A for the administrative 7adjustment process. 8 5. Accessory Structures. 9 Walls, fences, pools, sheds, screen-roof 10enclosures, and other structures are regulated in accordance with Chapter 3, 11Article V Supplemental Regulations. 12 6. Review and Approval Process. 13 14 a. 15 Single-family and duplex dwellings and accessory uses thereto 16shall be allowed upon application to and approval by the Building 17Official for structures that require a building permit pursuant to Chapter 182, Article IV, Section 2. 19 b. 20 Community and common areas, such as recreational areas, 21landscape buffers and tracts, and project signage may be subject to site 22plan review. 23 c. 24 Non-residential uses shall require site plan approval in 25accordance with Chapter 2, Article II, Section 2.F prior to application 26for building permit. 27 7. Parking 28. Required off-street parking is regulated in accordance 29with Chapter 4, Article V Minimum Off-Street Parking Requirements. 30 November 9, 2010 9 ZONING DISTRICTS AND OVERLAY ZONES B. R-1-AA SINGLE-FAMILY RESIDENTIAL DISTRICT 1. 2 1. General. 3 The purpose of the R-1-AA zoning district is to 4implement the Moderate Density Residential (MoDR) Future Land Use Map 5(FLUM) classification of the Comprehensive Plan. The intent of this 6conventional district is to promote the suburban character of the City by 7preserving and encouraging single-family dwellings and structures at densities 8no greater than five and one-half (5.5) dwelling units per acre, and allowing 9limited types of non-residential uses. 10 2. Use(s) Allowed 11. See “Use Matrix Table 3-28” in Chapter 3, Article 12IV, Section 3.D. 13 3. Building and Site Regulations (Table 3-6). 14 The following lot 15and building requirements shall be observed: 16 BUILDING / SITE REGULATIONS R-1-AA District 1 Minimum lot area:8,000 s.f. Minimum lot frontage:75 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for 2 single-story building additions: Abutting:I-95 or railroad tracks: 50% Abutting:Intracoastal: 50% Abutting:Lakes: 50% Abutting:Golf Course: 50% Abutting:Canals wider than 150 ft 50% Abutting:Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential:50% Abutting:Commercial or Industrial: 50% Abutting:Public or private park: 50% 1 Interior side: 10 feet 3 Corner side: 25 feet Minimum living area:1,600 s.f. Maximum lot coverage:45% Maximum structure height: 30 feet 17 1 18 In areas developed and / or platted prior to June 13, 1975, the 19minimum lot area shall be seven thousand five hundred (7,500) square 20feet and the minimum side yard shall be seven and one-half (7 1/2) feet. 21 November 9, 2010 10 ZONING DISTRICTS AND OVERLAY ZONES 2 1These special rear yard setback reduction provisions shall not 2supersede any setbacks that are recorded on a plat. 3 3 4 On corner lots, the side setback adjacent to the street shall be not 5less than one-half (1/2) the front yard setback. However, where 6orientation of adjacent lots on both street frontages provide typical front 7yard setbacks, the corner lot shall provide for front yard setbacks along 8both streets. When two (2) front yard setbacks are provided for on a 9corner lot, no rear yard setback shall be required, only side yard setbacks 10shall be imposed. 11 12 13 4. Administrative Adjustments 14. 15 a. 16 For lots platted prior to August 19, 2008, the following 17administrative adjustments to the minimum yard setbacks may be 18allowed: 19 20Front and side yard 20% reduction* 21 22* Side yard reduction shall only be eligible for lots platted on or 23after June 13, 1975 and prior to August 19, 2008. 24 25Rear yard 25% reduction 26 27These setback reduction provisions shall not supersede any setbacks that 28are recorded on a plat. November 9, 2010 11 ZONING DISTRICTS AND OVERLAY ZONES 1 b. 2 An administrative adjustment may be granted if any first floor 3addition follows the building line of a legally non-conforming single- 4family structure, or a building line previously approved by a variance. 5 c. 6 See Chapter 2, Article II, Section 4.A for the administrative 7adjustment process. 8 5. Accessory Structures. 9 Walls, fences, pools, sheds, screen-roof 10enclosures, and other structures are regulated in accordance with Chapter 3, 11Article V Supplemental Regulations. 12 6. Review and Approval Process. 13 14 a. 15 Single-family and duplex dwellings and accessory uses thereto 16shall be allowed upon application to and approval by the Building 17Official for structures that require a building permit pursuant to Chapter 182, Article IV, Section 2. 19 b. 20 Community and common areas, such as recreational areas, 21landscape buffers and tracts, and project signage may be subject to site 22plan review. 23 c. 24 Non-residential uses shall require site plan approval in 25accordance with Chapter 2, Article II, Section 2.F prior to application 26for building permit. 27 7. Parking 28. Required off-street parking is regulated in accordance 29with Chapter 4, Article V Minimum Off-Street Parking Requirements. 30 31 32 33 34 35 36 November 9, 2010 12 ZONING DISTRICTS AND OVERLAY ZONES C. R-1-A. SINGLE-FAMILY RESIDENTIAL DISTRICT. 1 2 1. General. 3 The purpose of the R-1-A zoning district is to implement 4the Moderate Density Residential (MoDR) Future Land Use Map (FLUM) 5classification of the Comprehensive Plan. The intent of this conventional 6district is to promote the suburban character of the City by preserving and 7encouraging single-family dwellings and structures at densities no greater than 8six (6) dwelling units per acre, and allowing limited types of non-residential 9uses. 10 2. Use(s) Allowed 11. See “Use Matrix Table 3-28” in Chapter 3, Article 12IV, Section 3.D. 13 3. Building and Site Regulations (Table 3-7). 14 The following lot 15and building requirements shall be observed: 16 BUILDING / SITE REGULATIONS R-1-A District Minimum lot area:7,500 s.f. Minimum lot frontage:60 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for 1 single-story building additions: Abutting:I-95 or railroad tracks: 50% Abutting:Intracoastal: 50% Abutting:Lakes: 50% Abutting:Golf Course: 50% Abutting:Canals wider than 150 ft 50% Abutting:Canals narrower than 150 ft 33% Abutting: Perimeter walls of 50% community that abut other than residential: Abutting:Commercial or Industrial: 50% Abutting:Public or private park: 50% Interior side: 7.5 feet 2 Corner side: 25 feet Minimum living area: 1,400 s.f. Maximum lot coverage: 45% Maximum structure height: 30 feet 17 1 18These special rear yard setback reduction provisions shall not 19superseded any setbacks that are recorded on a plat. 20 November 9, 2010 13 ZONING DISTRICTS AND OVERLAY ZONES 2 1 On corner lots, the side setback adjacent to the street shall be not 2less than one-half (1/2) the front yard setback. However, where 3orientation of adjacent lots on both street frontages provides typical front 4yard setbacks, the corner lot shall provide for front yard setbacks along 5both streets. When two (2) front yard setbacks are provided for on a 6corner lot, no rear yard setback shall be required, only side yard setbacks 7shall be imposed. 8 9 10 11 4. Administrative Adjustments 12. 13 a. 14 For lots platted prior to August 19, 2008, the following 15administrative adjustments to the minimum yard setbacks may be 16allowed: 17 18Front and side yard 20% reduction 19 20Rear yard 25% reduction 21 22These setback reduction provisions shall not supersede any setbacks that 23are recorded on a plat. 24 b. 25 An administrative adjustment may be granted if any first floor 26addition follows the building line of a legally non-conforming single- 27family structure, or a building line previously approved by a variance. 28 November 9, 2010 14 ZONING DISTRICTS AND OVERLAY ZONES c. 1 See Chapter 2, Article II, Section 4.A for the administrative 2adjustment process. 3 5. Accessory Structures. 4 Walls, fences, pools, sheds, screen-roof 5enclosures, and other structures are regulated in accordance with Chapter 3, 6Article V Supplemental Regulations. 7 6. Review and Approval Process. 8 9 a. 10 Single-family and duplex dwellings and accessory uses thereto 11shall be allowed upon application to and approval by the Building 12Official for structures that require a building permit pursuant to Chapter 132, Article IV, Section 2. 14 b. 15 Community and common areas, such as recreational areas, 16landscape buffers and tracts, and project signage may be subject to site 17plan review. 18 c. 19 Non-residential uses shall require site plan approval in 20accordance with Chapter 2, Article II, Section 2.F prior to application 21for building permit. 22 7. Parking 23. Required off-street parking is regulated in accordance 24with Chapter 4, Article V Minimum Off-Street Parking Requirements. November 9, 2010 15 ZONING DISTRICTS AND OVERLAY ZONES D. R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT 1. 2 1. General. 3 The purpose of the R-1 zoning district is to implement the 4Moderate Density Residential (MoDR) Future Land Use Map (FLUM) 5classification of the Comprehensive Plan. The intent of this conventional 6district is to encourage single-family dwellings and structures at densities no 7greater than seven and one-half (7.5) dwelling units per acre, and allowing 8limited types of non-residential uses. 9 2. Use(s) Allowed 10. See “Use Matrix Table 3-28” in Chapter 3, Article 11IV, Section 3.D. 12 3. Building and Site Regulations (Table 3-8). 13 The following lot 14and setback requirements shall be observed: 15 BUILDING / SITE REGULATIONS R-1 District Minimum lot area:6,000 s.f. Minimum lot frontage:60 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for 1 single-story building additions: Abutting:I-95 or railroad tracks: 50% Abutting:Intracoastal: 50% Abutting:Lakes: 50% Abutting:Golf Course: 50% Abutting:Canals wider than 150 ft 50% Abutting:Canals narrower than 150 ft 33% Abutting: Perimeter walls of 50% community that abut other than residential: Abutting:Commercial or Industrial: 50% Abutting:Public or private park: 50% Interior side: 7.5 feet 2 Corner side: 25 feet Minimum living area:1,200 s.f. Maximum lot coverage: 50% Maximum structure height:30 feet 16 1 17These special rear yard setback reduction provisions shall not 18supersede any setbacks that are recorded on a plat. 19 2 20 On corner lots, the side setback adjacent to the street shall be not 21less than one-half (1/2) the front yard setback. However, where November 9, 2010 16 ZONING DISTRICTS AND OVERLAY ZONES 1orientation of adjacent lots on both street frontages provide typical front 2yard setbacks, the corner lot shall provide for front yard setbacks along 3both streets. When two (2) front yard setbacks are provided for on a 4corner lot, no rear yard setback shall be required, only side yard setbacks 5shall be imposed. 6 7 8 9 10 4. Administrative Adjustments 11. 12 a. 13 For lots platted prior to August 19, 2008, the following 14administrative adjustments to the minimum yard setbacks may be 15allowed: 16 17Front and side yard 20% reduction 18 19Rear yard 25% reduction 20 21These setback reduction provisions shall not supersede any setbacks that 22are recorded on a plat. 23 b. 24 An administrative adjustment may be granted if any first floor 25addition follows the building line of a legally non-conforming single- 26family structure, or a building line previously approved by a variance. 27 November 9, 2010 17 ZONING DISTRICTS AND OVERLAY ZONES c. 1 See Chapter 2, Article II, Section 4.A for the administrative 2adjustment process. 3 5. Accessory Structures. 4 Walls, fences, pools, sheds, screen-roof 5enclosures, and other structures are regulated in accordance with Chapter 3, 6Article V Supplemental Regulations. 7 6. Review and Approval Process. 8 9 a. 10 Single-family and duplex dwellings and accessory uses thereto 11shall be allowed upon application to and approval by the Building 12Official for structures that require a building permit pursuant to Chapter 132, Article IV, Section 2. 14 b. 15 Community and common areas, such as recreational areas, 16landscape buffers and tracts, and project signage may be subject to site 17plan review. 18 c. 19 Non-residential uses shall require site plan approval in 20accordance with Chapter 2, Article II, Section 2.F prior to application 21for building permit. 22 7. Parking 23. Required off-street parking is regulated in accordance 24with Chapter 4, Article V Minimum Off-Street Parking Requirements. November 9, 2010 18 ZONING DISTRICTS AND OVERLAY ZONES E. R-2 SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT. 1 2 1. General. 3 The purpose of the R-2 zoning district is to implement the 4Medium Density Residential (MeDR) Future Land Use Map (FLUM) 5classification of the Comprehensive Plan. The intent of this conventional 6district is to stabilize and protect existing residential neighborhoods with 7densities no greater than 10 dwelling units per acre, and allowing limited types 8of non-residential uses. 9 2. Use(s) Allowed 10. See “Use Matrix Table 3-28” in Chapter 3, Article 11IV, Section 3.D. 12 3. Building and Site Regulations (Table 3-9). 13 14 15Existing and / or planned single family homes shall conform to the R-1 district 16requirements; however, for duplex homes, the following lot and building 17requirements shall be observed: 18 BUILDING / SITE REGULATIONS R-2 District 1 Minimum lot area (per unit):4,500 s.f. Minimum lot frontage:75 feet Minimum yard setbacks: 2 Front: 25 feet 3 Rear: 25 feet 2 Interior side: 10 feet 2,3 Corner side: 25 feet Minimum living area:750 s.f. Maximum lot coverage: 40% 4 Maximum Floor Ratio Area (FAR)0.10 5 Maximum structure height:25 feet 19 1 20 Single-family dwellings shall be constructed on lots that are no 21less than 6,000 square feet. 22 2 23 Pursuant to Chapter 3, Article III, Section 8.B., parcels that have 24frontage on Martin Luther King Jr. Boulevard and are located within the 25Martin Luther King Boulevard Overlay Zone shall have front, side 26interior, and side corner setbacks in accordance with the Mixed Use- 27Low Intensity 1 zoning district (see Chapter 3, Article III, Section 6.H.). 28 3 29 On corner lots, the side setback adjacent to the street shall be not 30less than one-half (1/2) the front yard setback. However, where 31orientation of adjacent lots on both street frontages provide typical front 32yard setbacks, the corner lot shall provide for front yard setbacks along 33both streets. When two (2) front yard setbacks are provided for on a November 9, 2010 19 ZONING DISTRICTS AND OVERLAY ZONES 1corner lot, no rear yard setback shall be required, only side yard setbacks 2shall be imposed. 3 4 4 A Floor Area Ratio (FAR) up to 0.10 may be considered for non- 5residential uses allowed within the R-2 district (see “Use Matrix” – 6Chapter 3, Article IV, Section 3.), pursuant to the Medium Density 7Residential land use category of the Comprehensive Plan. 8 5 9Not to exceed two (2) stories. 10 11 12 4. Accessory Structures. 13 Walls, fences, pools, sheds, screen-roof 14enclosures, and other structures are regulated in accordance with Chapter 3, 15Article V Supplemental Regulations. 16 5. Review and Approval Process. 17 18 a. 19 Single-family and duplex dwellings and accessory uses thereto 20shall be allowed upon application to and approval by the Building 21Official for structures that require a building permit pursuant to Chapter 222, Article IV, Section 2. 23 b. 24 Community and common areas, such as recreational areas, 25landscape buffers and tracts, and project signage may be subject to site 26plan review. 27 November 9, 2010 20 ZONING DISTRICTS AND OVERLAY ZONES c. 1 Non-residential uses shall require site plan approval in 2accordance with Chapter 2, Article II, Section 2.F prior to application 3for building permit. 4 6. Parking 5. Required off-street parking is regulated in accordance 6with Chapter 4, Article V Minimum Off-Street Parking Requirements. November 9, 2010 21 ZONING DISTRICTS AND OVERLAY ZONES F. R-3 MULTI-FAMILY RESIDENTIAL DISTRICT 1. 2 1. General. 3The purpose of the R-3 zoning district is to implement the 4High Density Residential (HDR) and Special High Density Residential (SHDR) 5Future Land Use Map (FLUM) classifications of the Comprehensive Plan. The 6intent of this conventional district is to provide for higher residential densities 7that encourage vertical structures and viable multiple-family living 8environments. The preferred development pattern shall be designed such that it 9would provide adequate buffering, graduation of uses, and a layout that 10considers and complements adjacent uses and districts. Ideally, the R-3 district 11should be in close proximity to large concentrations of business and 12employment activities, as well as near sufficient roadways and public 13transportation routes. Site design should encourage safe traffic patterns, ingress 14and egress, adequate light, drainage, off-street parking, open space, on-site 15recreation areas, and community meeting provisions for the inhabitants. 16Densities of such developments shall correspond with the respective FLUM 17classification. 18 2. Use(s) Allowed 19. See “Use Matrix Table 3-28” in Chapter 3, Article 20IV, Section 3.D. 21 3. Building and Site Regulations (Table 3-10). 22 23 a. 24 Existing and / or future single-family dwellings shall conform to 25the building and site regulations of the R-1 district (see Table 3-9 in 26Section 2.D.3 above). 27 b. 28 Duplex dwellings shall conform to the building and site 29regulations of the R-2 district (see Table 3-10 in Section 2.E.3 above). 30 c. 31 Multiple-family and Group Homes shall conform to the lot and 32building requirements of that portion of Table 3-11 below pertaining to 33“Residential Uses”. 34 d. 35 All uses, excluding single-family, duplex, multi-family, and 36Group Homes, shall conform to the lot and building requirements of that 37portion of Table 3-11 below pertaining to “Non-Residential Uses”. 38 39 40 41 42See next page. 43 44 45 46 November 9, 2010 22 ZONING DISTRICTS AND OVERLAY ZONES BUILDING / SITE REGULATIONS R-3 District (Residential Uses) Minimum lot area (per unit):4,000 s.f. Minimum lot frontage:100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area:750 s.f. Maximum lot coverage: 40% 1 Maximum structure height:45 feet Minimum separation: 1,000 (for Group Homes)(radius) (Non-Residential Uses) Minimum lot area:20,000 s.f. Minimum lot frontage:100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 20 feet 2 Minimum living area:N/A Maximum lot coverage: 40% 3 Maximum Floor Area Ratio (FAR)0.10 1 Maximum structure height: 45 feet 1 1 2Not to exceed four (4) stories. 3 2 4As governed by the applicable regulatory agency. 5 3 6A Floor Area Ratio (FAR) up to 0.10 may be considered for non- 7residential uses allowed within the R-3 district (see “Use Matrix” – 8Chapter 3, Article IV, Section 3.D), pursuant to the High Density 9Residential land use category of the Comprehensive Plan. 10 11 November 9, 2010 23 ZONING DISTRICTS AND OVERLAY ZONES 1 2 4. Accessory Structures. 3 Walls, fences, pools, sheds, screen-roof 4enclosures, and other structures are regulated in accordance with Chapter 3, 5Article V Supplemental Regulations. 6 5. Review and Approval Process. 7 8 a. 9 Single-family and duplex dwellings and accessory uses thereto 10shall be allowed upon application to and approval by the Building 11Official for structures that require a building permit pursuant to Chapter 122, Article IV, Section 2. 13 b. 14 Community and common areas, such as recreational areas, 15landscape buffers and tracts, and project signage may be subject to site 16plan review. In these instances, site plan approval shall be required prior 17to application for building permit. 18 c. 19 Multiple-family dwellings and non-residential uses shall require 20site plan approval in accordance with Chapter 2, Article II, Section 2.F 21prior to application for building permit. 22 6. Parking 23. Required off-street parking is regulated in accordance 24with Chapter 4, Article V Minimum Off-Street Parking Requirements. 25 26 27 November 9, 2010 24 ZONING DISTRICTS AND OVERLAY ZONES G. IPUD INFILL PLANNED UNIT DEVELOPMENT DISTRICT 1. 2 1.General. 3 4 a.Purpose and Intent. 5 The purpose of the IPUD zoning district is 6to implement the Special High Density Residential (SHDR) Future Land 7Use Map (FLUM) classification of the Comprehensive Plan. This 8district is intended for infill purposes, promoting new development and 9redevelopment within the Federal Highway Corridor Community 10Redevelopment Plan, (Study Areas I and V only), Heart of Boynton 11Community Redevelopment Plan, or other portions of the Community 12Redevelopment Agency (CRA) area consistent with the respective 13redevelopment plan at densities no greater than 20 dwelling units per 14acre. This district is also intended to promote water access and 15recreational opportunities with accommodations of uses, including 16marine-oriented and water dependent uses in both mixed-use 17developments and limited single-use projects. The IPUD district will 18include design standards that exceed the standards of the basic 19development standards in terms of site design, building architecture and 20construction materials, amenities and landscape design. The extent of 21variance or exception to basic design standards, including but not limited 22to requirements for parking spaces, parking lot and circulation design, 23and setbacks, will be dependent on how well the proposed project 24otherwise exceeds the other applicable standards. 25 26The IPUD shall minimize adverse impacts on surrounding property. The 27city is not obligated to automatically approve the level of development 28intensity requested for the IPUD. Instead, it is expected to approve only 29such level of intensity that is appropriate for a particular location in 30terms of land use compatibilities. The city may require, as a condition 31of approval any limitation, condition, or design factor that will provide a 32reasonable transition to adjacent development. 33 34In order to be approved, an IPUD project must be compatible with and 35preserve the character of adjacent residential neighborhoods. Factors to 36consider in determining compatibility may include, but not necessarily 37be limited to proposed use, massing, and layout. Further, it must be an 38enhancement to the local area and the city in general. Projects that fail 39to do so will be denied. 40 41Each IPUD project is independent and will be evaluated solely on its 42own merits. The inclusion of certain features in a previously approved 43IPUD project will not automatically be entertained as a valid argument 44for the inclusion of that same feature in any other IPUD project if the 45city determines to reject those features. 46 November 9, 2010 25 ZONING DISTRICTS AND OVERLAY ZONES b. Prerequisite Location Standards. 1 The IPUD district is 2optimum when there is an opportunity to promote sustainability with 3respect to land use, energy conservation, resource management, and 4social equity. Rezoning to the IPUD district is encouraged for proposed 5development or redevelopment on lands that are in close proximity to 6existing infrastructure, public and alternative transportation routes and 7modes, employment centers, community areas, or have sustained or are 8complicated by environmental contamination. In reaching 9recommendations and decision as to zoning land to IPUD, the advisory 10board and City Commission shall apply the following location standards, 11in addition, to the standards applicable to the rezoning of land generally: 12 13(1) Any IPUD district that contains non-residential uses must 14principally front on streets classified as “Arterial” on the 15“Functional Classification of Roadways” map in the City of 16Boynton Beach Comprehensive Plan; 17 18(2) Any non-residential component must front on the arterial 19roadway or on an access wholly contained within the project 20with neither entrances nor exit on or visible from or disruptive to 21adjacent properties, local streets, and rights-of-way. 22 2. Use(s) Allowed 23. See Chapter 3, Article IV, Section 3.C.5 for 24specific regulations pertaining to the IPUD district and Chapter 3, Article IV, 25Section 3.D (“Use Matrix Table 3-28”) for a list of allowable uses. 26 3. Building and Site Regulations (Table 3-11) 27. The following 28building / site regulations apply to the entire IPUD development. 29 BUILDING / SITE REGULATION IPUD District Minimum project area:1 acre Maximum project area:5 acres 1 Minimum lot frontage:Flexible Minimum perimeter yard setbacks: 2 Front: Flexible 2 Rear: Flexible 2 Interior side: Flexible 2 Flexible Corner side: Maximum lot coverage:50% Minimum usable open space (per dwelling unit):200 feet 3 Maximum Floor Area Ratio (FAR)0.20 4 Maximum structure height:45 feet 30 November 9, 2010 26 ZONING DISTRICTS AND OVERLAY ZONES 1 1Individual lots within an IPUD development contain flexible 2standards relative to minimum required lot frontage and lot area for each 3unit. Lot frontage shall be determined on a case by case basis, 4depending on the overall project design. Pursuant to Chapter 3, Article 5IV, Section 3.E.69, a M use shall require a minimum lot frontage ARINA 6of 150 feet and a minimum average width of 200 feet. 7 2 8The minimum required perimeter building setbacks of an IPUD 9are flexible except where adjacent to single-family residential zoning. 10Where adjacent to single-family residential zoning, the required 11perimeter building setbacks of the IPUD shall resemble the setbacks of 12the adjacent development based upon the orientation of structures with 13said development. Also, perimeter buildings shall have an increased 14setback of one (1) additional foot for every foot of building height in 15excess of 30 feet. If vegetation, screening, or other barriers and / or 16creative design on the perimeter of an IPUD achieve compatibility with 17adjacent uses, the City may grant some relief from the aforementioned 18requirement. A structure shall be considered to be on the perimeter if 19there is no intervening building between it and the property line. Project 20design along abutting roadway(s), including setbacks, shall be based on 21existing development patterns or applicable recommendation from the 22respective development plan. 23 3 24A maximum Floor Area Ratio (FAR) of 0.20 may be allowed for 25non-residential uses within the IPUD district (see “Use Matrix” – 26Chapter 3, Article IV, Section 3), pursuant to the Special High Density 27Residential land use category of the Comprehensive Plan. 28 4 29A lesser building height may be required for compatibility with 30adjacent development. See Note #2 above for additional setback 31requirements relative to building height. 32 4. Review and Approval Process. 33 34 a. 35 All development and redevelopment within the IPUD district 36shall be governed by a master plan with approval granted by the City 37Commission in accordance with Chapter 2, Article II, Section 2.D.6. 38 b. 39 Site plan approval shall be required in accordance with Chapter 402, Article II, Section 2.F prior to application for building permit. 41 5. Parking 42. Required off-street parking is regulated in accordance 43with Chapter 4, Article V Minimum Off-Street Parking Requirements. 44 6. Modifications. 45Any modification proposed within the IPUD shall 46be in conformance Master Plan modifications pursuant to Chapter 2, Article II, 47Section 3.A. November 9, 2010 27 ZONING DISTRICTS AND OVERLAY ZONES 1 7. Miscellaneous. 2 3 a. 4 See Chapter 4, Article III, Section 3.J for additional standards 5regarding required site design in instances where the subject IPUD 6project is adjacent to single-family residential zoning districts. 7 b. 8 See Chapter 4, Article VIII, Section 3.C.4.b.(2) for additional 9standards pertaining to the minimum width of rights-of-way and 10vehicular circulation. 11 c. 12 If an IPUD is located with frontage on the Intracoastal 13Waterway, conditions of approval shall include a deed restriction 14requiring that any marina or dockage build will not exceed in width the 15boundaries of the project's actual frontage on the water, regardless of 16what any other governing or permitting entity may allow or permit. 17 d. 18 Exterior lighting of the exterior, parking areas and watercraft 19docking facilities of the planned development shall be of the lowest 20height, intensity, and energy use adequate for its purpose, and shall not 21create conditions of glare that extend onto abutting properties. 22 e. 23 The physical attributes of the site shall be respected with 24particular concern for preservation of natural features, tree growth, and 25open space. 26 f. 27 Special emphasis shall be placed on trash collection points. 28 g. 29 Trash containers or dumpsters must be screened and designed 30such that they ware not visible from or disruptive to adjacent properties, 31streets, and rights-of-way while still being conveniently accessible to 32their users and collectors. 33 34 Section 5. Residential district regulations and use provisions. 35A.R-1-AAA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create 36the lowest population density of not more than 3.48 dwelling units per acre. 371.Uses permitted. Within any R-1-AAA single-family residential district, no building, structure, 38land or water shall be used except for one of the following uses: 39a.Single-family dwellings including the garages and other customary accessory buildings. 40Carports are not allowed. Disaster shelters are permitted. The shelters are to be used only for the 41designated purpose in times of danger. 42b.Churches* and other places of worship* with their attendant accessory uses, including 43daycare and pre-school facilities*, conforming with Section 11.C hereinafter. 44c.City-owned and -operated facilities. November 9, 2010 28 ZONING DISTRICTS AND OVERLAY ZONES 1d.Private golf courses and associated clubhouse facilities including private bath, swim, tennis 2or country clubs and community or city owned and -operated recreation clubs and associations, specifically 3excluding driving ranges or tees, miniature courses and similar uses operated as separate ventures from the 4primary use or uses. 5e.Primary and secondary schools, seminaries, colleges and universities, conforming with 6Section 11.C hereinafter.* 7f.Home occupations conforming with Section 11.D hereinafter. 8g.Community residential homes with six or fewer residents as defined in Florida Statutes 9Chapter 419. 10h.Nursery schools, day care centers and other preschool facilities.* 111A.Conditional uses allowed. Those uses specified above which are followed by an asterisk (*) 12shall be deemed to be conditional uses, which may be considered and granted in accordance with the 13procedures set forth in Section 11.2 hereinafter. 142.Building and site regulations: 15a.The following lot and building setback requirements shall be observed: 16Minimum lot area12,500 square feet 17Minimum lot frontage100 feet 18Minimum front yard30 feet 19Minimum rear yard35 feet 20Minimum side yard30 feet each side 21Minimum living area2,200 square feet 22Maximum lot coverage35 percent 23Maximum structure height25 feet 24b.On corner lots adjacent to the street, the side yard setback shall be not less than one-half 25(1/2) the front yard requirement, except where the corner lot faces a different street than the remaining lots 26in the block, then the front setback shall be maintained on both streets. 27c.Community residential homes shall not be located within a radius of 1,000 feet of another 28existing similar facility. 293.Off-street parking. As provided in Section 11-H hereinafter. 30(Ord. No. 96-51, § 2, 1-21-97) 31B.R-1-AAB SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create a 32maximum density of 4.84 dwelling units per acre. November 9, 2010 29 ZONING DISTRICTS AND OVERLAY ZONES 11.Uses permitted. Within an R-1-AAB single-family residential district, no building, structure, 2land or water shall be used except for one of the following uses: 3a. Any use permitted in the R-1-AAA district. 42.Building and site regulations: 5a.The following lot and building setback requirements shall be observed: 6Minimum lot area9,000 square feet 7Minimum lot frontage90 feet 8Minimum front yard25 feet 9Minimum rear yard20 feet 10Minimum side yards10 feet each side 11Minimum living area1,800 square feet 12Maximum lot coverage45 percent 13Maximum structure height30 feet 14b.On corner lots, the side yard setback adjacent to the street shall be not less than one-half 15(1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide 16typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two 17(2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side 18yard setbacks shall be imposed. 19c.For lots platted prior to August 19, 2008, the following administrative adjustments to the 20minimum yard setbacks may be allowed, subject to provision of justification by applicant: 21Front and side yard 80% of required 22Rear yard75% of required 23d.Special rear yard setback reductions for single story additions may be applied in the 24following situations, provided it is not utilized in conjunction with any other rear yard reductions provision: 25Rear Yards abutting: 26I-95 or railroad tracks:50% reduction 27Intracoastal:50% reduction 28Lakes:50% reduction 29Golf Course:50% reduction 30Canals with R-O-W > 150 feet50% reduction 31Canals with R-O-W < 150 feet33% reduction November 9, 2010 30 ZONING DISTRICTS AND OVERLAY ZONES 1Perimeter walls of community that abut other than residential50% reduction 2Commercial/Industrial50% reduction 3Public/Private Park:50% reduction 4e.The setback reduction provisions contained in c. and d. above are not applicable to 5residential lots within Planned Unit Developments (PUD's) without formal action of the Home Owner 6Association (HOA) in writing, and an approved modification of the PUD Master Plan. 7f.The setback reduction provisions contained in c. and d. above shall not supersede any 8setbacks that are recorded on a plat. 9g.An administrative variance may be granted if any first floor addition follows the building 10line of a legally non-conforming single- family structure, or a building line previously approved by a 11variance. 123.Off-street parking. As provided in Section 11-H hereinafter. 13C.R-1-AA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create a 14maximum density of 5.4 dwelling units per acre. 151.Use permitted. Within any R-1-AA single-family residential district, no building, structure, 16land or water shall be used except for one of the following uses: 17a.Any use permitted in the R-1-AAA or R-1-AAB districts. 182.Building and site regulations: 19a.The following lot and building requirements shall be observed: 20Minimum lot area8,000 square feet* 21Minimum lot frontage75 feet 22Minimum front yard25 feet 23Minimum rear yard20 feet 24Minimum side yard10 feet each side* 25Minimum living area1,600 square feet 26Maximum lot coverage 45 percent 27Maximum structure height30 feet 28*In areas developed and/or platted prior to June 13, 1975, the minimum lot area shall be seven thousand 29five hundred (7,500) square feet and the minimum side yard shall be seven and one-half (7 1/2) feet. 30b.On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the 31front yard setback. However, where orientation of adjacent lots on both street frontages provide typical 32front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) November 9, 2010 31 ZONING DISTRICTS AND OVERLAY ZONES 1front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard 2setbacks shall be imposed. 3c.For lots platted prior to August 19, 2008, the following administrative adjustments to the 4minimum yard setbacks may be allowed, subject to provision of justification by applicant: 5Front and side yard80% of required 6Rear yard75% of required 7d.Special rear yard setback reductions for single story additions may be applied in the 8following situations, provided it is not utilized in conjunction with any other rear yard reductions provision: 9Rear Yards abutting: 10I-95 or railroad tracks:50% reduction 11Intracoastal:50% reduction 12Lakes:50% reduction 13Golf Course:50% reduction 14Canals with R-O-W > 150 feet50% reduction 15Canals with R-O-W < 150 feet33% reduction 16Perimeter walls of Community that abut other than residential50% reduction 17Commercial/Industrial50% reduction 18Public/Private Park:50% reduction 19e.The setback reduction provisions contained in c. and d. above are not applicable to 20residential lots within Planned Unit Developments (PUD's) without formal action of the Home Owner 21Association (HOA) in writing, and an approved modification of the PUD Master Plan. 22f.The setback reduction provisions contained in c. and d. above shall not supersede any 23setbacks that may be recorded on a plat. 24g.An administrative variance may be granted if any first floor addition follows the building 25line of a legally non-conforming single- family structure, or a building line previously approved by a 26variance. 273.Off street parking. As provided in Section 11-H hereinafter. 28D.R-1-A SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create a 29maximum density of 5.8 dwelling units per acre. 301.Uses permitted. Within any R-1-A single-family residential district, no building, structure, land 31or water shall be used except for one of the following uses: 32a.Any use permitted in the R-1-AAA, R-1-AAB, R-1-AA districts. November 9, 2010 32 ZONING DISTRICTS AND OVERLAY ZONES 12.Building and site regulations: 2a.The following lot and building requirements shall be observed. 3Minimum lot area7,500 square feet 4Minimum lot frontage60 feet 5Minimum front yard25 feet 6Minimum rear yard20 feet 7Minimum side yard7 1/2 feet each side 8Minimum living area1,400 square feet 9Maximum lot coverage45 percent 10Maximum structure height 30 feet 11b.On corner lots the side yard setback adjacent to the street shall be not less than one-half (1/2) 12the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical 13front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) 14front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard 15setbacks shall be imposed. 16c.For lots platted prior to August 19, 2008, the following administrative adjustments to the 17minimum yard setbacks may be allowed, subject to provision of justification by applicant: 18Front and side yard80% of required 19Rear yard75% of required 20d.Special rear yard setback reductions for single story additions may be applied in the 21following situations, provided it is not utilized in conjunction with any other rear yard reductions provision: 22Rear Yards abutting: 23I-95 or railroad tracks:50% reduction 24Intracoastal:50% reduction 25Lakes:50% reduction 26Golf Course:50% reduction 27Canals with R-O-W > 150 feet50% reduction 28Canals with R-O-W < 150 feet33% reduction 29Perimeter walls of Community that abut other than residential50% reduction 30Commercial/Industrial50% reduction November 9, 2010 33 ZONING DISTRICTS AND OVERLAY ZONES 1Public/Private Park:50% reduction 2e.The setback reduction provisions contained in c. and d. above are not applicable to 3residential lots within Planned Unit Developments (PUD's) without formal action of the Home Owner 4Association (HOA) in writing, and an approved modification of the PUD Master Plan. 5f.The setback reduction provisions contained in c. and d. above shall not supersede any 6setbacks that may be recorded on a plat. 7g.An administrative variance may be granted if any first floor addition follows the building 8line of a legally non-conforming single- family structure, or a building line previously approved by a 9variance. 103.Off-street parking. As provided in Section 11-H hereinafter. 11E.R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create a 12maximum of 7.26 dwelling units per acre. 131.Uses permitted. Within any R-1 single-family residential district, no building, structure, land or 14water shall be used except for one of the following uses: 15a.Any use permitted in the R-1-AAA, R-1-AAB, R-1-AA or R-1-A district. 162.Building and site regulations. 17a.The following lot and building requirements shall be observed. 18Minimum lot area6,000 square feet 19Minimum lot frontage60 feet 20Minimum front yard25 feet 21Minimum rear yard20 feet 22Minimum side yards7 1/2 feet 23Minimum living area1,200 square feet 24Maximum lot coverage50 percent 25Maximum structure height30 feet 26b.On corner lots, the side yard setback adjacent to the street shall be not less than one-half 27(1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide 28typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two 29(2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side 30yard setbacks shall be imposed. 31c.For lots platted prior to August 19, 2008, the following administrative adjustments to the 32minimum yard setbacks may be allowed, subject to provision of justification by applicant: 33Front and side yard80% of required November 9, 2010 34 ZONING DISTRICTS AND OVERLAY ZONES 1Rear yard75% of required 2d.Special rear yard setback reductions for single story additions may be applied in the 3following situations, provided it is not utilized in conjunction with any other rear yard reductions provision: 4Rear Yards abutting: 5I-95 or railroad tracks:50% reduction 6Intracoastal:50% reduction 7Lakes:50% reduction 8Golf Course:50% reduction 9Canals with R-O-W > 150 feet50% reduction 10Canals with R-O-W < 150 feet33% reduction 11Perimeter walls of Community that abut other than residential50% reduction 12Commercial/Industrial50% reduction 13Public/Private Park:50% reduction 14e.The setback reduction provisions contained in c. and d. above are not applicable to 15residential lots within Planned Unit Developments (PUD's) without formal action of the Home Owner 16Association (HOA) in writing, and an approved modification of the PUD Master Plan. 17f.The setback reduction provisions contained in c. and d. above shall not supersede any 18setbacks that may be recorded on a plat. 19g.An administrative variance may be granted if any first floor addition follows the building 20line of a legally non-conforming single-family structure, or a building line previously approved by a 21variance. 223.Off-street parking. As provided in Section 11-H hereinafter. 23F.R-2 SINGLE- and TWO-FAMILY DWELLING DISTRICT. These district regulations will create 24a maximum density of 9.68 dwelling units per acre. It is the intent to accommodate a compatible 25development of higher density buildings with commonly called duplexes together with single-family 26dwellings but at no lower standards of quality. 271.Uses permitted.Within any R-2 single-or two-family dwelling district, no building, structure, 28land or water shall be used except for one of the following uses: 29a.Any use permitted in the R-1-AAA, R-1-AAB, R-1-AA, R-1-A and R-1 districts. 30b.Two-family dwellings. 31c.Nursery schools, day care centers and other preschool facilities* (see Section 11-C) November 9, 2010 35 ZONING DISTRICTS AND OVERLAY ZONES 11A.Conditional uses allowed. Those uses specified in subsection 5.F.1. above which are followed 2by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in 3accordance with procedures set forth in Section 11.2 hereinafter. 42.Building and site regulations: 5a.The following lot and building requirements shall be observed: 6Minimum lot area4,500 square feet per dwelling unit* 7Minimum lot frontage75 feet* 8Minimum front yard25 feet 9Minimum rear yard25 feet 10Minimum side yards10 feet each side 11Minimum living area750 square feet per unit* 12Maximum lot coverage40 percent 13Maximum structure height25 feet, not to exceed 2 stories 14b.For single family, use R-1 regulations. 15c.On corner lots, the side yard setback adjacent to the street shall be not less than one-half 16(1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide 17typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two 18(2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side 19yard setbacks shall be imposed. 203.Off-street parking. As provided in Section 11-H hereinafter. 21G.R-3 MULTIPLE-FAMILY DWELLING DISTRICT. These district regulations will create a 22maximum density of 10.8 dwelling units per acre. It is the intent of this district to provide a higher 23residential density which encourages vertical structures and flexibility in multiple-family living and that a 24certain amount of multiple-family dwelling is necessary and desirable and can complement certain areas if 25located appropriately and if properly designed. Therefore, factors to be considered are: 26The location and nature of the area. 27An area of substantial size to provide a buffering or graduation of uses to be considerate or to 28complement adjacent uses or districts. 29The proximity to large concentrations of activities such as business, employment, and other facilities 30and services. Sufficient and definitive traffic arteries to adequately service the area. 31Designs that provide light, are passage, water drainage, ingress and egress, parking and traffic 32circulation, open space and on-site recreation, maintenance areas and community meeting provisions for 33the inhabitants. November 9, 2010 36 ZONING DISTRICTS AND OVERLAY ZONES 11.Uses permitted. Within any R-3 multiple-family dwelling district, no building, structure, land 2or water shall be used except for one of the following uses: 3a.Any use permitted in the R-1-AAA, R-1-AAB, R-1-AA, R-1-A, R-1 or R-2 districts. 4b.Multiple-family residential structures, including apartments, cooperatives, condominiums, 5town houses, and their attendant recreational facilities and having no commercial business connected 6therewith but can be equipped to serve meals to their occupants. 7c.Private clubs, lodges and fraternal organizations.* 8d.Golf courses, swimming and tennis clubs, and similar recreational facilities.* 9e.Rooming and boarding houses.* 10f.Community residential homes with up to 14 residents as defined in Florida Statutes Chapter 419.* 11 121A.Conditional uses allowed. Those uses specified above which were followed by an asterisk (*) 13shall be deemed to be conditional uses, which may be considered and granted in accordance with the 14procedures set forth in Section 11.2 hereinafter. 152.Building and site regulations: 16a.For multiple-family dwellings, rooming and boarding houses; and community residential 17homes: 18Minimum lot area4,000 square feet 19Minimum lot frontage100 feet 20Minimum front yard40 feet 21Minimum rear yard40 feet 22Minimum side yards20 feet each side 23Minimum living area750 square feet per unit 24Maximum lot coverage40 percent 25Maximum structure height45 feet, not to exceed 4 stories 26Minimum spacing between1,200 feet (radius) 27 community residential homes 28b.Single-family dwellings shall conform with R-1 requirements (see Section 5, paragraph E- 292). Duplex dwellings shall conform to R-2 requirements (see Section 5, paragraph F-2). 30c.All other permitted uses: 31Minimum lot area20,000 square feet November 9, 2010 37 ZONING DISTRICTS AND OVERLAY ZONES 1Minimum lot frontage100 feet 2Minimum front yard40 feet 3Minimum rear yard40 feet 4Minimum side yards20 feet each side 5Minimum living areaAs governed by applicable regulatory agency 6Maximum lot coverage40 percent 7Maximum structure height4 stories, not to exceed 45 feet in height 83.Off-street parking. As provided in Section 11-H hereinafter. 9K. PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of the Land Development 10Regulations is hereby incorporated by reference into these zoning regulations, and all planned unit 11developments shall be considered zoning districts on the official zoning map. Chapter 2.5, and all planned 12unit developments approved in accordance with Chapter 2.5, shall be subject to all applicable provisions of 13these zoning regulations, except as otherwise provided for in Chapter 2.5. 14 L. INFILL PLANNED UNIT DEVELOP-MENT (IPUD). The Infill Planned Unit Development 15(IPUD) District standards and regulations are created for the purpose of allowing flexibility to 16accommodate infill and redevelopment on parcels less than five (5) acres in size. Parcels five or more 17acres in size shall comply with normal Planned Unit Development regulations found in Chapter 2.5 of the 18Land Development Regulations. 19 1. Intent and expectations. 20 a. The IPUD regulations are intended to be used in situations where new development or 21redevelopment is proposed within an already developed area or neighborhood located in the Federal 22Highway Corridor Community Redevelopment Plan, Study Areas I and V. A mixture of uses including 23residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result 24and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. This district is also 25intended to promote water access and recreational opportunities with accommodations of uses including 26marine-oriented and water dependent use in both mixed-use development and limited single-use projects. 27 b. It is a basic public expectation that landowners requesting the use of the IPUD district will 28develop design standards that exceed the standards of the basic development standards in terms of site 29design, building architecture and construction materials, amenities and landscape design. The extent of 30variance or exception to basic design standards, including but not limited to requirements for parking 31spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above-stated 32planning expectations are met in the proposed development plan. 33 c. The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated 34to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected 35to approve only such level of intensity that is appropriate for a particular location interms of land use 36compatibilities. The city may require, as a condition of approval any limitation condition, or design factor 37that will provide a reasonable transition to adjacent development. November 9, 2010 38 ZONING DISTRICTS AND OVERLAY ZONES 1 d. In order to be approved, an IPUD project must be compatible with and preserve the character 2of adjacent residential neighborhoods. Further, it must be an enhancement to the local area and the city in 3general. Presentation of projects that fail to do so will be denied. 4 e. Each IPUD project is independent and will be evaluated solely on its own merits. The 5inclusion of certain features in a previously approved IPUD project will not be entertained as a valid 6argument for the inclusion of that same feature in any other IPUD project if the city decides to reject those 7features. 8 2. Application process. 9 a. The procedures and requirements for applying for rezoning to the IPUD district are the same 10as those for rezoning to the PUD district as stated in Chapter 2.5, Section 10, of the Land Development 11Regulations. 12 b. When the IPUD is to be developed in a single phase, the site plan for the development may 13also represent the master plan. 14 c. The entire property proposed for development as an IPUD shall be under common ownership 15or unified control, so as to ensure unified development. 16 3. Development standards. 17Minimum lot area 1 acre* 18Maximum lot area 5 acres 19Maximum lot frontage: None, except for private marinas* 20Maximum height 45 feet (lesser height may be required for compatibility with adjacent development) 21Maximum lot coverage (building) 50% 22Maximum density Determined by land use 2310.8 du/ac for land classified 24High Density Residential (HDR) 25or Local Retail Commercial (LRC) 26Maximum density 20 du/ac for lands classified 27Special High Density Residential 28Minimum usable open space per dwelling unit 200 square feet 29Perimeter setbacks Shall mirror setbacks of adjacent zoning district(s)but with a minimum of thesetback 30required for a single-family residence, as determined by the orientation of structures in the IPUD.** 31*Private marinas as a principal use require a minimum lot area of four (4) acres, a minimum lot frontate of 32150 feet and minimum average width of 200 feet. November 9, 2010 39 ZONING DISTRICTS AND OVERLAY ZONES 1**Also see “4.h.” below for additional requirements. 2 4. Additional standards. 3 a. Building design elements. 4 (1) Massing. The proportions and relationships of the various architectural components of 5the buildings should be utilized to ensure compatibility with the scale of other development in the vicinity. 6The buildings should not detract from or dominate the surrounding area. 7 (2) Materials. A variety of materials must be utilized to provide visual interest to the 8buildings. Colors and materials must be selected for compatibility with the site and the neighboring area. 9The exterior building design must be coordinated on all elevations with regard to color, materials, 10architectural form, and detailing to achieve design harmony and continuity. 11 (3) Articulation. Well-articulated buildings and architectural interest and variety to the 12massing of a building and help break up the monotonous facades. A variety of features must be 13incorporated into the design of the buildings to provide sufficient articulation of the facades. This may be 14achieved by incorporating the use of verticaland/or horizontal reveals, stepbacks, modulation, projections, 15roof detailing, and three dimensional details between surface planes to create shadow line and break up flat 16surface areas. 17 (4) Overall design. Design of the project shall be tailored to the specific site and shall take 18into consideration the protection and enhancement of any natural features of or adjacent to the site as an 19element in the overall design. 20 b. Screening and buffering. 21 (1) Appropriate screening and buffering will be required. 22 (2) Such screening must shield neighboring properties from any adverse effects of the 23proposed development. 24 (3) Screening and buffering must also be used to shield the proposed development from the 25negative impacts of adjacent uses. 26 (4) Special emphasis should be placed on screening the intrusion of automobile headlights 27on neighboring properties from parking areas and driveways. 28 c. Pedestrian circulation. 29 (1) Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular 30ways and parking spaces. 31 (2) In all cases, pedestrian access shall be provided to public walkways. 32 (3) Pedestrian circulation design shall promote interconnectivity within an between land 33uses to discourage unnecessary use of the automobile and reduce vehicle miles traveled. 34 d. Usable open space. 35 (1) Shall be required for residential development projects and mixed-use residential projects; November 9, 2010 40 ZONING DISTRICTS AND OVERLAY ZONES 1 (2) Shall include active or passive recreational space; 2 (3) Shall not be occupied by streets, drives, parking areas, or structures other than 3recreational structures: 4 (4) Shall be designed to be available and accessible to every dwelling unit proposed; 5 (5) Shall, where feasible, be centrally located in the development; and 6 (6) Shall not include private courtyards natural areas and water bodies. 7 e. Trash collection. 8 (1) Special emphasis shall be placed on trash collection points. 9 (2) Trash containers or dumpsters must be screened and designed such that they are not 10visible from or disruptive to adjacent properties, streets, and rights-of-way while still being conveniently 11accessible to their users and collectors. 12 (3) Dumpsters or trash containers shall not be located within setbacks abutting single-family 13residential developments. 14 f. Mixed land uses. 15 (1) Within the IPUD, mixed land uses may be proposed. 16 (2) Commercial uses shall only be allowed for developments fronting on streets classified as 17"arterial" on the "Functional Classification of Roadways" map in the Boynton Beach Comprehensive Plan. 18 (3) Such development must be found compatible with adjacent uses and established design 19characteristics. 20 (4) Any commercial uses shall be small-scale retail and services, primarily to serve the 21residents of the IPUD, and not the public in general, except for uses qualifying under “4.g.” below 22accruing. 23 (5) Any commercial uses must front on the arterial roadway or on an access wholly 24contained within the project with neither entrance nor exit on or visible from or disruptive to adjacent 25properties, streets, and rights-of-way. 26 g.Marine-oriented and water dependent uses. 27(1)Within the IPUD district, uses shall be encouraged that increase water access and 28recreational opportunities to the community, so as to support a mix of uses, water access and minimized 29travel distances. 30(2)In addition to adherence to the other development regulations and compatibility language 31contained within the entire IPUD section of the code, any marine-oriented or water dependent use shall also 32conform to the requirements listed herein. 33(3)Principal land uses may include boat and yacht clubs, and private or public marinas (see Part 34III, Chapter 1 Definitions) contingent upon being located within an area identified with the “Preferred” November 9, 2010 41 ZONING DISTRICTS AND OVERLAY ZONES 1siting designation by the 2007 Palm Beach County Manatee Protection Plan. However, major repairs shall 2be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereof, 3shall only occur within a fully enclosed structure except as otherwise allowed by paragraph #6 below. The 4above noted principal uses, when combined with residential uses, in which the residential component 5occupies 25% or more of the total land area, shall be considered permitteduses, otherwise such marine uses 6shall require conditional use approval. 7(4)Boatels and the residing on boats shall be prohibited within the IPUD district, except that temporary 8stays shall be allowed for a maximum of 3 nights within a 12-month period. 9 (4) The following uses shall be allowed as accessory to one of the principal marine uses 10described above: boat brokerages, ship’s stores, tackle shops, maritime museums or other related 11educational uses, restaurants, boat ramps, and other launching facilities. 12 (5) Marine-oriented and water dependent uses shall meet all requirements of subsection 13“4.f.” above, with the exception of “4.f.(4)”. 14 (6) No outdoor dry storing or stacking of boats or other related items shall be allowed, 15except that outdoor displays are allowed for sales purposes as long as the boats are restricted to ground 16level display, are not visible from abutting rights-of-way or residential properties, and are not placed within 17landscape areas or required parking spaces. 18 (7) Wash down and other post-use servicing shall be done within the dry storage building or 19within an enclosed structure (i.e. three-sided and roofed) designed and oriented to minimize external 20impacts. 21 (8) Water used for flushing and other cleaning activities shall be properly pretreated prior to 22discharge into the stormwater system, and conservation measures shall be considered to facilitate 23reclamation/recycling. 24 (9) No outdoor speakers shall be allowed other than for low volume music that is not audible 25off-site. 26 (10) In addition to adhering to the City’s sound regulations, no equipment, machines, or 27tools shall be used between the hours of 8:00 a.m. and 6:00 p.m. that generates noise unique to a residential 28neighborhood. 29 (11) Additional design regulations for commercial buildings and boat storage facilities. 30 (a)Architectural integration shall be encouraged through the choice of building 31materials, architectural style, extensive use of windows, and choice of soft, muted colors. 32 (b)All buildings shall incorporate 360° architecture, a variety of massing and building 33heights, and stepping roof lines. 34 (c)The use of standardized "corporate" architectural styles associated with chain-type 35businesses is prohibited. 36 (d) To contribute to physical compatibility and minimize impacts on the residential fabric 37of adjacent neighborhoods, projects adjacent to residential zoning districts shall be designed with 38residential character, unless a superior, non-residential design can be demonstrated. Residential designs November 9, 2010 42 ZONING DISTRICTS AND OVERLAY ZONES 1shall include, but not be limited to, a combination of actual and faux windows, balconies, porches, awnings 2and related architectural details. The character shall either match or compliment established architectural 3themes in the vicinity. 4 (e)All building facades shall include a repeating pattern that shall include no less than 5three (3) of the following elements: color change, texture change, material module change, or a change in 6plane of at least two (2) feet in depth. At least one of these elements shall repeat horizontally. All elements 7shall repeat at intervals of no more than 30 feet, either horizontally or vertically, unless a superior design 8can be demonstrated at greater intervals. Recesses and projections shall be from finished grade to roofline, 9and be a minimum of 10 feet in width. 10 (f)As an alternative to the required façade offsets noted above, decorative and 11substantive roofline changes, when coupled with correspondingly aligned façade material changes, may 12substitute. 13 (g)A minimum of two different types of building materials shall be used, with a 70 14percent-30 percent ratio. A change in stucco or use of windows will not count toward meeting this 15requirement. 16 (h) Articulation in parapet wall shall be required with a minimum of five (5) feet for front 17and side facades, and any façade oriented towards a street; and, two and one half (2½) feet for rear facades. 18 (i) Parapet walls shall feature three dimensional cornice treatment, to provide a finished 19look from any angle. Additionally, a parapet return is required with a length equal to or exceeding the 20required parapet articulation. 21 (j) All customer entrances to the building shall be the focal point of design. Architectural 22elements shall include some combination of the following improvements: pediments, lintels, columns, 23pilasters, porches, balconies, railings, balustrades, and ornate moldings. 24 (k) On any retail or office building within a marine-oriented or water dependent project, 25or any portion of a building devoted to such use, windows shall be of pedestrian scale, recessed and vision 26glass without obstruction. 27 (l) On any retail or office building within a marine-oriented or water dependent project, on 28any facade on which a customer entrance to the building is located, a minimum of 1.6 square foot of vision 29glass is required for each one (1) lineal foot of facade. 30 (m) On any retail or office building within a marine-oriented or water dependent project, 31on any other facade facing a public street, a minimum of 0.8 square foot of vision glass is required for each 32one (1) foot. 33 (n) Landscaping above and beyond the regulations cited elsewhere in this code shall be 34required for all non-residential buildings in excess of 40,000 square feet, in order to reduce the perceived 35scale and massing of such buildings. 36 (o) The width of the foundation planting areas visible from streets or residential 37properties shall be 50 percent of the facade height. The applicant may submit an alternate planting plan that 38depicts the required screening/softening of the large building facades, however in no instance shall the 39planting area be less than 12 feet in width. November 9, 2010 43 ZONING DISTRICTS AND OVERLAY ZONES 1 (p) The height of the plant material shall be in relation to the height of the adjacent 2facade or wall. Further, the height of 50 percent of the required trees or palms shall be a minimum of two- 3thirds (2/3) of the height of the building. One (1) canopy tree or a cluster of three (3) palm trees shall be 4installed within the foundation planting area every 20 feet on center along each façade visible from streets 5or residential properties. Canopy and palm trees shall be distributed along the entire façade where 6foundation landscaping areas are required, with understory plant material arranged in the areas between the 7low growing shrubs and tree or palm canopies. The applicant may submit an alternate planting plan that 8depicts the rearrangement of plant material in order not to interfere with required building enhances 9discussed herein. 10 (q) A perimeter landscape barrier shall be required between incompatible uses and/or 11zoning districts; or where there are differences in density, intensity, or building heights or mass; or for 12those certain uses requiring additional screening in order to shield outdoor storage or operations. The 13barrier shall consist of a decorative buffer wall of at least six (6) feet in height, in addition to a variety of 14densely planted trees, hedges and shrubs. In areas where sufficient width is provided or staff determines 15additional buffering is warranted, a berm may be required in addition to the above regulations. 16 (r) The applicant shall demonstrate through site design and buffering how sound 17associated with the non-residential components of the project will be mitigated. 18 h.Compatibility with surrounding development. 19 (1) Compatibility will be judged on how well the proposed development fits within the 20context of the neighborhood and abutting properties. For this purpose, elevations and cross-sections 21showing adjacent structures shall be included with the site plan application. 22 (2) If vegetation, screening or other barriers and/or creative design on the perimeter of an 23IPUD achieve compatibility with adjacent uses, the city may grant some relief from the following two 24requirements: 25 a. Any IPUD located adjacent to an existing single-family residential development(s) 26must locate structures of the same unit type or height allowed by the adjacent zoning district(s), with the 27exception of a use approved in accordance with subsection “4.g.” above. 28 b. Structures on the perimeter of an IPUD project, in addition to the basic setback 29requirements, must be set back one (1) additional foot for each one (1) in height for the perimeter structures 30that exceed thirty (30) feet. A structure shall be considered to be on the perimeter if there is no intervening 31building between it and the property line. 32 (3) If an IPUD is located with frontage on the Intercoastal Waterway, conditions of approval 33shall include a deed restriction requiring that any marina or dockage build will not exceed in width the 34boundaries of the project's actual frontage on the water, regardless of what any other governing or 35permitting entity may allow or permit. 36 i. Vehicular circulation. 37 (1) Privately owned streets providing secondary vehicular circulation internal to the IPUD 38may be considered for approval with rights-of-way and pavement widths less than the requirements stated 39in the city's Land Development Regulations. However, in no case shall health, safety and/or welfare be 40jeopardized. November 9, 2010 44 ZONING DISTRICTS AND OVERLAY ZONES 1 (2) Roadways providing external connections to the city's street network shall meet all 2requirements contained in the city's Land Development Regulations. 3j.Parking. For minimum parking standards and calculations, see Chapter 2. Zoning, Section 411.H.16.e(10). 5 k. Exterior lighting. Lighting of the exterior, parking areas and watercraft docking facilities of 6the planned development shall be of the lowest intensity and energy use adequate for its purpose, and shall 7not create conditions of glare that extend onto abutting properties. 8 l. Natural features. The physical attributes of the site shall be respected with particular concern 9for preservation of natural features, tree growth and open space. 10(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, § 111, 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. 12No. 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, 13§ 2, 8-2-05; Ord. No. 06-011, § 2, 1-17-06; Ord. No. 08-021, § 2, 8-19-08) November 9, 2010 45 ZONING DISTRICTS AND OVERLAY ZONES H. PUD PLANNED UNIT DEVELOPEMNT DISTRICT 1 2 1. General. 3 4 a. Purpose and Intent. 5 The purpose of the PUD zoning district is 6to implement any of the residential Future Land Use Map (FLUM) 7classifications of the Comprehensive Plan. The intent of this planned 8district is to promote efficient and economical land use, improved 9amenities, appropriate and harmonious physical development, creative 10design, improved living environment, orderly and economical 11development in the city, and the protection of adjacent and existing and 12future city development. The district is suitable for development, 13redevelopment and conservation of land, water and other resources of 14the City. 15 16Regulations for planned unit developments are intended to accomplish 17the purposes of zoning, subdivision regulations and other applicable city 18regulations to the same degree that they are intended to control 19development on a lot-by-lot basis. In view of the substantial public 20advantages of planned unit development, it is the intent of PUD 21regulations to promote and encourage development in this form where 22tracts suitable in size, location, and character for the uses and structures 23proposed are to be planned and developed as unified and coordinated 24units. Densities of such developments shall correspond with the 25respective FLUM classification. 26 b. Prerequisite Location Standards. 27 The PUD district is 28optimum when there is an opportunity to promote sustainability with 29respect to land use, energy conservation, resource management, and 30social equity. Rezoning to the PUD district is encouraged for proposed 31development or redevelopment on lands that are in close proximity to 32existing infrastructure, public and alternative transportation routes and 33modes, employment centers, community areas, or have sustained or are 34complicated by environmental contamination. 35 36In reaching recommendations and decisions as to zoning land to PUD, 37the advisory board(s) and City Commission shall apply the following 38location standards, in addition to the standards applicable to the rezoning 39of land generally: 40 41(1) Major Transportation Facility. A PUD shall be so 42located as to major roadways or other transportation facilities as 43to provide direct access to it without creating or generating 44traffic along streets in residential areas or districts outside it. 45 46(2) Public Facilities and Services. A PUD shall be 47located in relation to sanitary sewers, water lines, storm and November 9, 2010 46 ZONING DISTRICTS AND OVERLAY ZONES 1surface drainage systems, and other utilities systems and 2installations so that neither extension nor enlargement of such 3systems will be required in manner, form, character, location, 4degree, scale or timing resulting in higher net public cost or 5earlier incursion of public cost than would development in forms 6permitted under existing zoning in the area. 7 8Such PUD's shall be so located with respect to necessary public 9facilities (e.g., schools, parks, playgrounds) as to have access to 10those facilities in the same degree as under existing zoning, and 11shall be so located, designed and scaled so that access for public 12services is equivalent to, and net cost for the services under 13existing zoning. 14 15(3) Topography. The site shall be suitable for development 16in the manner proposed without hazards to persons or property, 17on or off the tract, from probability of flooding, erosion, or other 18dangers, annoyances, or inconveniences. Condition of the soil, 19groundwater level, drainage, and topography shall all be 20appropriate to both kind and pattern of use intended. 21 22(4) Access. Every dwelling unit, or other use 23permitted in the PUD, shall have access to a public street directly 24or via an approved private road, pedestrian way, court, or other 25area dedicated to public or private use, or common element 26guaranteeing access. Permitted uses shall not be required to 27front on a dedicated public road. 28 29(5) Utilities. Direct residential and / or consumer 30service should be by underground installation to the maximum 31extent practicable; however, primary service to a general 32geographic area may be served with overhead installation. 33Appurtenances to these systems which require above ground 34installation shall be effectively screened, and, thereby, may be 35exempted from this requirement. Primary facilities providing 36service to the site of the PUD may be exempted. 37 2. Use(s) Allowed 38. See “Use Matrix Table 3-28” in Chapter 3, Article 39IV, Section 3.D. The PUD district allows principal and accessory uses and 40structures substantially related to the character of the development itself and the 41surrounding area of which it is a part. 42 3. Building and Site Regulations (Table 3-12) 43. The following 44building / site regulations apply to the entire PUD development. 45 BUILDING / SITE REGULATIONS PUD District November 9, 2010 47 ZONING DISTRICTS AND OVERLAY ZONES Minimum project area:5 acres 1 Minimum lot area:Flexible 1 Minimum lot frontage:Flexible Minimum perimeter yard setbacks: 2 Front: Flexible 2 Rear: Flexible 2 Interior side: Flexible 2 Corner side: Flexible Maximum lot coverage:N/A 3 Maximum structure height:45 feet 1 1 2Individual lots within a PUD development contain flexible 3standards relative to minimum required lot frontage and lot area for each 4unit. To be determined on a case by case basis, depending on the overall 5project design. 6 2 7The minimum required perimeter building setbacks of a PUD are 8flexible except where adjacent to single-family residential zoning. 9Where adjacent to single-family residential zoning, the required 10perimeter building setbacks of the PUD shall resemble the setbacks of 11the adjacent development based upon the orientation of structures with 12said development. Also, perimeter buildings shall have an increased 13setback of one (1) additional foot for every foot of building height in 14excess of 30 feet. Project design along abutting roadway(s), including 15setbacks, shall be based on existing development patterns or applicable 16recommendation from the respective development plan. 17 3 18No more than four (4) stories. 19 3. Review and Approval Process. 20 21 a. 22 All development and redevelopment within the IPUD district 23shall be governed by a master plan with approval granted by the City 24Commission in accordance with Chapter 2, Article II, Section 2.D.6. 25 b. 26 Site plan approval shall be required in accordance with Chapter 272, Article II, Section 2.F prior to application for building permit. 28 4. Parking 29. Required off-street parking is regulated in accordance 30with Chapter 4, Article V Minimum Off-Street Parking Requirements. 31 5. Modifications 32 Any modification proposed within the PUD shall 33be in conformance with Master Plan modifications pursuant to Chapter 2, 34Article II, Section 3.A. 35 November 9, 2010 48 ZONING DISTRICTS AND OVERLAY ZONES 6. Miscellaneous 1. The boundaries of land zoned to PUD 2classification shall be indicated on the official zoning map with the symbol 3“PUD.” 4 5The PUD district contains additional standards relative to building design and 6compatibility with adjacent single-family residential zoning. Refer to Chapter 4, 7Article III, Section 3.J for these additional development standards. 8 9K.PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of the Land Development 10Regulations is hereby incorporated by reference into these zoning regulations, and all planned unit 11developments shall be considered zoning districts on the official zoning map. Chapter 2.5, and all 12planned unit developments approved in accordance with Chapter 2.5, shall be subject to all applicable 13provisions of these zoning regulations, except as otherwise provided for in Chapter 2.5. 14 15CHAPTER 2.5 16PLANNED UNIT DEVELOPMENTS 17Section 1. Intent and purpose 18 19Section 2. Definition 20 21Section 3. Nomenclature 22 23Section 4. Relation of land use intensity (LUI) ratings to regulations 24 25Section 5. Minimum land areas for PUD 26 27Section 6. Unified control 28 29Section 7. Uses permitted 30 31Section 8. Locational standards for PUD's 32 33Section 9. Internal PUD standards 34 35Section 10. Procedures for zoning of land to PUD 36 37Section 11. Preliminary and final development plans 38 39Section 12. Plan modification 40 41Section 13. Zoning administrator 42 43Section 1. Intent and purpose. 44 A Planned Unit Development District (PUD) is established. It is intended that this district be 45utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious 46variety in physical development, creative design, improved living environment, orderly and economical 47development in the city, and the protection of adjacent and existing and future city development. The November 9, 2010 49 ZONING DISTRICTS AND OVERLAY ZONES 1district is suitable for development, redevelopment and conservation of land, water and other resources 2of the city. 3 4 Regulations for planned unit developments are intended to accomplish the purposes of zoning, 5subdivision regulations and other applicable city regulations to the same degree that they are intended 6to control development on a lot-by-lot basis. In view of the substantial public advantages of planned 7unit development, it is the intent of PUD regulations to promote and encourage development in this 8form where tracts suitable in size, location and character for the uses and structures proposed are to be 9planned and developed as unified and coordinated units. 10 11Section 2. Definition. 12A “planned unit development”: 13 14 A. Is land under unified control, planned and developed as a whole in a single development 15operation of an approved programmed series of development operations for dwelling units and related 16uses and facilities; 17 18 B. Includes principal and accessory uses and structures substantially related to the character of the 19development itself and the surrounding area of which it is a part; 20 21 C. Is developed according to comprehensive and detailed plans which include streets, utilities, 22lots, building sites and the like and site plans, floor plans and elevations for all buildings except for 23single family homes intended to be located, constructed, used and related to one another, and detailed 24plans for other uses and improvements on the land related to the buildings; 25 26 D. Includes a program for full provision, maintenance and operation of such areas, improvements, 27facilities and unit development, but will not be provided, operated or maintained at public expense. 28 29Section 3. Nomenclature. 30 The boundaries of land zoned to PUD classification shall be indicated on the official zoning map 31with the symbol “PUD” together with the land use intensity (LUI) rating assigned at the time of zoning, 32which shall be used for such lands. 33 34Section 4. Relation of land use intensity (LUI) ratings to regulations. 35 The land use intensity (LUI) rating assigned at the time of zoning land to PUD correlates for the 36project the required land area, floor area, open space, living space, recreation space, off-street parking 37and other matters. The various ratios, based on LUI ratings, shall be as shown on Table 1. 38 TABLE 1 LUI RATINGS WITH STANDARD RATIOS LUILUILUILUILUI 3.004.005.006.007.00 Minimum lot area (in acres)- 25 20 15 10 5 November 9, 2010 50 ZONING DISTRICTS AND OVERLAY ZONES Residential uses only: Minimum lot area (in acres)-100 80 60 40 20 With commercial uses: Maximum percent of total 5 5 6 8 10 land area which may be used for commercial purposes: Floor area ratio (FAR):* 0.10 0.20 0.40 0.80 1.60 Open space ratio (OSR): 8.00 3.80 1.80 0.80 0.43 Living space ratio (LSR): 6.20 2.60 1.10 0.50 0.27 Recreation space ratio (RSR): 0.25 0.18 0.12 0.09 0.07 1 2*As indicated and referenced by HUD Publication #7. 3 4 Minimum standards for multi-family housing shall be those minimum standards as set forth in the 5Standard Building Code. 6 7 Application of above ratios: 8 9 FAR × lot area = Maximum permitted floor area. 10 11 Actual floor area × OSR = Minimum required open space. 12 13 Actual floor area × LSR = Minimum required living space (not for automobiles), part of required 14open space. 15 16 Actual floor area × RSR = Minimum countable recreation space, part of required living space. 17 18 Floor area as computed from FAR, shall include the floor area of all permitted principal or accessory 19uses except areas for parking, storage, elevator hoist equipment or machinery, heating or air 20conditioning equipment, and the like; and requirements deriving from floor areas shall include such 21floor area. 22 23Section 5. Minimum land areas for PUD. 24 A tract of land proposed for zoning to PUD at a request LUI rating shall contain minimum acreage in 25accordance with Table 1 above. Lesser areas than those set out in Table 1 may be approved for PUD in 26a specific case upon findings by the planning and development board and the governing body that 27particular circumstances justify such reduction, that the requirements for PUD and the benefits to be 28derived from PUD can be met in such lesser area, and that permitting such lesser area for PUD is in 29conformity with the comprehensive plan. November 9, 2010 51 ZONING DISTRICTS AND OVERLAY ZONES 1 2Section 6. Unified control. 3 All land included for purpose of development within PUD district shall be under the control of the 4applicant (an individual, partnership, or corporation or group of individuals, partnerships, or 5corporations). The applicant shall present satisfactory legal documents to constitute evidence of the 6unified control of the entire area within the proposed PUD. The applicant shall agree to: 7 8 A. Proceed with the proposed development according to the provisions of those zoning 9regulations and conditions attached to the zoning of the land to PUD; 10 11 B. Provide agreements, contracts, deed restrictions and sureties acceptable to the city for 12completion of the development according to the plans approved at the time of zoning to PUD and for 13continuing operations and maintenance of such areas, functions and facilities as are not to be provided, 14operated or maintained at public expense; and 15 16 C. Bind their successors in title to any commitments made under A and B above. All agreements 17and evidence of unified control shall be examined by the city attorney and no zoning of land to PUD 18classification shall be adopted without a certification by the city attorney that such agreements and 19evidence of unified control meet the requirements of these zoning regulations. 20 21Section 7. Uses permitted. 22 In a PUD District, buildings or structures, or land, or water shall be used only for the following 23purposes: 24 25 A. Single-family dwellings; 26 27 B. Two-family dwellings or duplexes; 28 29 C. Multiple-family dwellings, townhouses, garden apartments and cluster housing; 30 31 D. Private, nonprofit clubs, community centers, civic and social organization facilities; 32 33 E. Private parks, tennis courts, playgrounds, putting greens, golf courses, driving ranges and other 34recreation facilities; 35 36 F. Public utility buildings, structures, and facilities necessary to service the surrounding 37neighborhood; 38 39 G. Houses of worship, schools, nursing homes, nursery schools, kindergartens and hospitals; 40 41 H. “Neighborhood” commercial uses which are determined at the time of zoning to PUD, to be 42compatible with the existing and future development of adjacent and nearby lands outside the PUD; 43 44 I. Other uses of a nature similar to those listed, after determination and recommendation by the 45planning and development board, a determination by the governing body at the time of zoning that the 46use or uses are appropriate to the PUD development. 47 November 9, 2010 52 ZONING DISTRICTS AND OVERLAY ZONES 1 J. Permitted uses for a PUD District shall be specified in the application for zoning of land to PUD 2classification. 3 4 K. Prohibited use. Any structure more than forty-five (45) feet in height and more than four (4) 5stories. 6 7 L. Home occupations consistent with Chapter 2, Section 11.D. are permitted without the necessity 8of being specified at the time of zoning to PUD. 9 10Section 8. Locational standards for PUD's. 11 In reaching recommendations and decisions as to zoning land to PUD classification and the LUI 12rating of such classification, the planning and development board and the governing body shall apply 13the following locational standards, in addition to the standards applicable to the rezoning of land 14generally: 15 16 A. RELATION TO MAJOR TRANSPORTATION FACILITIES. A PUD shall be so located as 17to major roadways or other transportation facilities as to provide direct access to it without creating or 18generating traffic along streets in residential areas or districts outside it. 19 20 B. RELATION TO UTILITIES, PUBLIC FACILITIES AND SERVICES. A PUD shall be 21located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other 22utilities systems and installations so that neither extension nor enlargement of such systems will be 23required in manner, form, character, location, degree, scale or timing resulting in higher net public cost 24or earlier incursion of public cost than would development in forms permitted under existing zoning in 25the area. 26 27 Such PUD's shall be so located with respect to necessary public facilities (e.g., schools, parks, 28playgrounds) as to have access to those facilities in the same degree as under existing zoning, and shall 29be so located, designed and scaled so that access for public services is equivalent to, and net cost for the 30services under existing zoning. 31 32 C. PHYSICAL CHARACTER OF THE SITE. The site shall be suitable for development in the 33manner proposed without hazards to persons or property, on or off the tract, from probability of 34flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater 35level, drainage and topography shall all be appropriate to both kind and pattern of use intended. 36 37Section 9. Internal PUD standards. 38 In addition to the standards set in Section 4, Table 1, of these zoning regulations, the following 39standards apply within a PUD District. 40 41 A. ACCESS. Every dwelling unit, or other use permitted in the PUD, shall have access to a 42public street either directly or via an approved private road, pedestrian way, court, or other area 43dedicated to public or private use, or common element guaranteeing access. Permitted uses shall not be 44required to front on a dedicated public road. 45 46 B. INTERNAL LOTS AND FRONTAGE. Within the boundaries of the PUD, no minimum lot 47size or minimum yards shall be required; provided, however, that PUD frontage on dedicated public November 9, 2010 53 ZONING DISTRICTS AND OVERLAY ZONES 1roads shall observe front yard requirements in accordance with the zoning district the PUD use most 2closely resembles and that peripheral yards abutting other zoning districts shall be the same as required 3in the abutting zone. 4 5 C. OFF-STREET PARKING AND REQUIREMENTS. Off-street parking shall be in accordance 6with the off-street parking requirements within Chapter 2, Section 11.H 7 8 D. COMMERCIAL STANDARDS. Commercial uses located in a PUD are intended to serve the 9needs of the PUD and not the general needs of a surrounding area. The maximum area within a PUD 10which may be devoted to neighborhood commercial uses, including required off-street parking 11requirements, is governed by Table 1, Section 4 and Section 9C. Areas designated for commercial 12activities shall not generally front on exterior or perimeter streets, and shall be preferably centrally 13located within the project unless these criteria would be inconsistent with, or contrary to, adopted 14redevelopment plans. In instances where a PUD in the Community Redevelopment Area includes 15commercial uses, it shall be developed consistent with adopted design guidelines or requirements 16contained in redevelopment plans. 17 18 E. UNDERGROUND UTILITIES. Direct residential and/or consumer service should be by 19underground installation to the maximum extent practicable. However, primary service to a general 20geographic area may be overhead. Appurtenances to these systems which require aboveground 21installation shall be effectively screened, and, thereby, may be excepted from this requirement. Primary 22facilities providing service to the site of the PUD may be excepted. 23 24 F. RIGHTS-OF-WAY. The minimum width of a right-of-way for a principal street in a PUD is 25forty (40) feet. Privately owned streets providing secondary vehicular circulation internal to the PUD 26may be considered for approval with rights-of-way and pavement widths less than the requirements 27state in the city’s Land Development Regulations; however, in no case shall health, safety, welfare, or 28efficiencies of public services be jeopardized. 29 30(Ord. No. 99-17, § 1, 6-15-99; Ord. No. 01-10, § 3, 2-6-01; Ord. No. 05-031, § 2, 7-19-05; Ord. No. 05- 31059, § 1, 10-5-05) 32 33Section 10. Procedures for zoning of land to PUD. 34 The procedures for zoning of land to PUD classification with a specific LUI rating shall be the same 35as for zoning land generally. Because of the differences between PUD developments and the concept of 36unified control in development, however, the following procedures and requirements shall apply to 37applications for zoning to PUD classification, in addition to the general requirements: 38 39 A. APPLICATIONS; MATERIALS TO BE SUBMITTED. In addition to information required 40for application for zoning generally, the applicant shall submit the following materials or data: 41 42 1. Legal documents assuring unified control of the proposed PUD and the agreements required 43under Section 6. 44 45 2. A statement as to the LUI rating sought for the PUD and such supporting evidence or 46documentation as the applicant may feel is pertinent to enable the planning and development board and 47the governing body to determine whether or not the LUI rating requested is reasonable and proper. November 9, 2010 54 ZONING DISTRICTS AND OVERLAY ZONES 1 2 3. A site development plan containing: 3 4 a. The title of the project and the names of the professional project planner and the 5developer; 6 7 b. Scale, date, north arrow and general location map; 8 9 c. Boundaries of the property involved, all existing streets, buildings, water courses, 10easements, section lines and other existing important physical features in and adjoining the project; 11 12 d. Master plan locations of the different uses proposed by dwelling types, open spaces 13designations, recreational facilities, commercial uses, other permitted uses, and off-street parking and 14off-street loading locations; 15 16 e. Master plan showing access and traffic flow and how vehicular traffic will be separated 17from pedestrian and other types of traffic; 18 19 f. Tabulations of total gross acreage in the development and the percentages thereof 20proposed to be devoted to the several dwelling types, other permitted uses, recreational facilities, 21streets, parks, schools and other reservations; 22 23 g. Tabulations demonstrating the relationship of the development to proposed LUI rating as 24shown in Table 1, Section 4, and proposed numbers and types of dwelling units; and 25 26 h. Where required by the area planning board, an environmental impact study shall be 27supplied. 28 29 4. A statement showing modifications of zoning or other applicable city regulations where it is 30intended by the applicant that such modification serves the public interest to an equivalent degree. 31 32 B. PROCEDURES. On application for zoning of land to PUD classification, the planning and 33development board and governing body shall proceed in general as for other applications for zoning of 34land giving special consideration, however, to the following matters and requirements, and allowing 35changes in the zoning application prior to the required planning and development board public hearing, 36as follows: 37 38 1. Pre-hearing conference with applicants. On request by the applicant, the city planning 39consultant and representatives of such other city departments as may be pertinent, shall meet with the 40applicant or his agent to review the original application, including all plans, maps and documents 41submitted by the applicant. The purpose of such pre-hearing conferences shall be to assist in bringing 42the overall petition as nearly as possible into conformity with these or other regulations applying 43generally to the property involved and/or to define specifically those variations from application of 44general regulations which appear justified in view of equivalent service of the public purposes of such 45regulations. 46 November 9, 2010 55 ZONING DISTRICTS AND OVERLAY ZONES 1 In the course of such pre-hearing conferences, any recommendations for changes shall be 2recorded in writing and shall become part of the record in the case. All such recommendations shall be 3supported by stated reasons for the proposal for change. The applicant shall state in writing his 4agreement to such recommendations, or his disagreement, and if there is disagreement, shall in writing 5indicate his reasons therefor, and such responses by applicant shall be included in the record. 6 7 At such time as further conferences appear unnecessary or at any time on the request of 8applicant, public notice shall be given and the hearing before the planning and development board held 9as for other applications for zoning, but the notice and hearing shall be on the petition as it may have 10been amended following the pre-hearing conferences rather than as originally submitted. 11 12 2. Planning and development board findings and recommendations. After public hearing, the 13planning and development board may recommend to the governing body that the PUD zoning be 14granted, subject to stated stipulations and condition, or disapproved. In making its recommendations, 15the planning and development board shall find that the plans, maps and documents submitted by the 16applicant and presented at the public hearing do or do not establish that the applicant has met the 17requirements of Section 4 of these regulations applicable to zoning generally, and in addition: 18 19 a. The requirements of unified control and agreement set out in Section 6; 20 21 b. The locational standards set out in Section 8; 22 23 c. The internal PUD standards set out in Section 9; 24 25 d. The tract for the proposed PUD is suitable in terms of its relationships to the city 26comprehensive plan and that the area surrounding the proposed PUD can continue to be developed in 27coordination and substantial compatibility with the PUD proposed, including overall dwelling unit 28density and peripheral transitions in such density; 29 30 e. That the desirable modifications of general zoning or PUD regulations as applied to the 31particular case, justify such modification of regulations and meet to at least an equivalent degree the 32regulations modified, based on the design and amenities incorporated in the site development plan; 33 34 f. That increased open space is provided for the occupants of the proposed PUD and the 35general public, and desirable natural features indigenous to the site are preserved in the development 36plan presented. 37 38 C. CONDITIONS AND STIPULATIONS. In recommending zoning of land to PUD 39classification, the planning and development board may recommend and the governing body may attach 40suitable conditions, safeguards and stipulations, in accord with standards set out in these zoning 41regulations and in this section. If the preliminary development plan and final development plan as set 42out in Section 11 below has not been commenced within eighteen (18) months of the date of zoning of 43land to PUD, then the approval of rezoning shall be subject to review by the City Commission. The 44City Commission shall direct staff to submit to the City Commission an application which will down 45zone the property to the original or appropriate zoning district. Following such direction by the City 46Commission, no new development permits affecting the property shall be issued by the city until a final 47determination is made by the City Commission following notice and public hearing. Upon written November 9, 2010 56 ZONING DISTRICTS AND OVERLAY ZONES 1request of the applicant prior to the expiration of the PUD classification, the City Commission may 2extend for one (1) additional year the period for commencing platting procedures. In granting such 3extension the City Commission may impose additional conditions to ensure completion of the platting 4process and conform the project to current development standards, and to protect the health, safety and 5welfare of adjacent developments. 6 7 If the preliminary development plan and final development plan as set out in Section 11 below 8has not been commenced within eighteen (18) months of the date of zoning of land to PUD, then the 9PUD classification and LUI rating shall revert to original or highest zoning. A new plan approval shall 10be required with procedures as for a new application for zoning (including payment of fees) and no 11such new application shall have the effect of increasing the LUI rating as previously applied. 12 13Section 11. Preliminary and final development plans. 14 Plans for development of land zoned to PUD shall be processed in accordance with procedures 15established in the city Land Development Regulations. The same information and date shall be in 16substantial compliance with the site development plan submitted as a part of the application for zoning 17to PUD. In addition to the requirements of the Land Development regulations determined to be 18applicable, the following information shall be provided: 19 20 A. BUILDING LOCATIONS AND ARCHITECTURAL DEFINITIONS of all structures 21proposed except for single family homes which are a part of the project shall be depicted on the 22preliminary plan or plat and the supplementary materials required. 23 24 B. MASTER LANDSCAPE plan depicting existing and proposed vegetation and locations 25thereon on the site. 26 27 C. FENCE, WELL AND PLANTING SCREEN locations, heights and materials. 28 29 D. TABULATIONS analyzing the number of total gross acres in the project and the percentages 30thereof proposed to be devoted to the several dwelling types, other nonresidential uses, off-street 31parking and off-street loading, streets, recreation areas, parks, schools and other reservations. 32Tabulations of total number of dwelling units in the project by types and the overall project density in 33dwelling units. These tabulations shall demonstrate relationship to the LUI rating, Table 1, Section 4 of 34these zoning regulations. 35 36 Once preliminary development plan and plat approval has been obtained the applicant shall proceed 37in accordance with the requirements of the subdivision regulations, determined to be applicable. In 38addition to the plat certificates specified in the city subdivision regulations and prior to recording a final 39plat, the developer shall file, as specified at the time of zoning, a legally constituted maintenance 40association agreement for improving, perpetually operating, and maintaining the common facilities; 41including streets, drives, parking areas and open space and recreation facilities; or he shall file such 42documents as are necessary to show how the said common areas are to be improved, operated or 43maintained. Such documents shall be subject to the approval of the city attorney. 44 45(Ord. No. 96-52, § 1, 1-21-97) 46 47Section 12. Plan modification. November 9, 2010 57 ZONING DISTRICTS AND OVERLAY ZONES 1 Master plans approved during the process of rezoning to PUD may be considered for modification 2upon application to the director of planning and zoning, submission of acceptable documentation, and 3payment of the master plan modification fee. The modification will be first reviewed by the planning 4and zoning department to determine whether the modification is consistent with not only all current 5regulations but also the intent and purpose of the comprehensive plan; and to determine whether the 6change is substantial. 7 8 Upon completion of the administrative review, findings will be forwarded to the planning and 9development board which will review all submitted documents as well as staff comments with all the 10authority, functions, powers and duties vested in it by Chapter 1.5, Article I, Section 4 of the Land 11Development Regulations. 12 13 The planning and development board shall recommend to the City Commission that they approve the 14modification unconditionally, approve the modification with conditions and/or recommendations, or 15deny the modification. The board shall also recommend to the City Commission that the modification 16be considered either major or minor. 17 18 Upon completion of the planning and development board review, findings will be forwarded to the 19City Commission. The City Commission will first determine whether the modification is major or 20minor. If the Commission finds the modification to be major, the request will be returned to the 21applicant for processing as a new zoning application. The determination of what constitutes a 22substantial change shall be at the sole discretion of the Commission. If the Commission determines that 23the modification is minor, it will review all submitted documents as well as staff comments and 24planning and development board recommendations. The City Commission may then approve the minor 25modification unconditionally, approve the minor modification with conditions, or deny the minor 26modification. 27 28 Non-substantial (minor) modifications will not extend time limitations for development of property 29as stipulated in LDR Chapter 2, Section 9, paragraph C13. 30 31(Ord. No. 96-52, § 2, 1-21-97) 32 33Section 13. Zoning administrator. 34 Building permits. No building permit or certificate of occupancy or zoning compliance shall be 35issued in or for development in a PUD district except in conformity with all provisions of the zoning or 36PUD classifications and plans submitted under Section 11 of these zoning regulations. November 9, 2010 58 ZONING DISTRICTS AND OVERLAY ZONES I. MHPD MOBILE HOME PLANNED DEVELOPMENT DISTRICT. 1 2 1. General. 3 4 a. Purpose and Intent. 5The purpose of the MHPD zoning district 6is to implement the Low Density Residential (LDR) and Moderate 7Density Residential (MoDR) Future Land Use Map (FLUM) 8classifications of the Comprehensive Plan. The intent of this planned 9district is to provide efficient and imaginative design approaches to 10community planning, and to accommodate the housing needs of those 11residents who prefer mobile home living and / or desire a more 12affordable solution to conventional dwellings. Densities of such 13developments shall correspond with the respective FLUM classification. 14 15The MHPD district is optimum when there is an opportunity to promote 16sustainability with respect to land use, energy conservation, resource 17management, and social equity. Rezoning to the MHPD district is 18encouraged for proposed development or redevelopment on lands that 19are in close proximity to existing infrastructure, public and alternative 20transportation routes and modes, employment centers, community areas, 21or have sustained or away from high hazard areas. 22 b. Existing Developments. 23 For those mobile home parks in 24existence prior to the adoption of this ordinance, or annexed to the City 25subsequent to the adoption of this ordinance, the site regulations under 26which the park was developed shall continue in force. General 27maintenance and minor modifications to existing improvements shall be 28allowed, if such maintenance and improvements do not worsen the 29extent of non-conformity. Should the park be damaged in excess of 3075%, redevelopment shall require submittal of a site plan for review and 31processing as a major site plan modification, to indicate how 32redevelopment will provide maximum compliance with development 33regulations, with particular emphasis on perimeter setbacks and 34buffering, and internal roadway design and access for service and 35emergency vehicles. 36 2. Use(s) Allowed. 37 See “Use Matrix Table 3-28” in Chapter 3, Article 38IV, Section 3.D. 39 40 41 42 43 44 45 46 3. Building and Site Regulations (Table 3-13). 47 November 9, 2010 59 ZONING DISTRICTS AND OVERLAY ZONES 1 BUILDING / SITE REGULATIONS MHPD District Minimum project area:10 acres Minimum lot size:4,200 s.f. Minimum perimeter setbacks:25 feet Special perimeter setback reduction for principal and accessory structures: Abutting:I-95 or railroad tracks: 50% Abutting:Intracoastal: 50% Abutting:Lakes: 50% Abutting:Golf Course: 50% Abutting:Canals wider than 150 ft 50% Abutting:Canals narrower than 150 ft 33% Abutting: Perimeter walls of 50% community that abut other than residential: Abutting:Commercial or Industrial: 50% Abutting:Public or private park: 50% Minimum yard setbacks (per lot): Front: 20 feet Rear: 10 feet Interior side: 5 feet Corner side: 10 feet Maximum lot coverage:N/A Maximum structure height:30 feet 2 3 4 5 6 7 8 9See next page. November 9, 2010 60 ZONING DISTRICTS AND OVERLAY ZONES 1 2 4. Accessory Structures. 3 4 a. 5 Structures of a permanent nature shall not be added or attached to 6a mobile home, unless such mobile home is placed upon a site 7conforming to the minimum requirements for a mobile home. 8 b. 9 The combined area of all additions or attachments shall not 10exceed the gross area of the mobile home itself. Carports are not 11included in the above limitation provided that the width of the individual 12lot is adequate for separation requirements. 13 5. Review and Approval Process. 14 15 a. 16 All development and redevelopment within the IPUD district 17shall be governed by a master plan with approval granted by the City 18Commission in accordance with Chapter 2, Article II, Section 2.D.6. 19 b. 20 Site plan approval shall be required in accordance with Chapter 212, Article II, Section 2.F prior to application for building permit. 22 6. Parking 23. Required off-street parking is regulated in accordance 24with Chapter 4, Article V Minimum Off-Street Parking Requirements. 25 7.Modifications. 26 Any modification proposed within the MHPD 27shall be in conformance with Master Plan modifications pursuant to Chapter 2, 28Article II, Section 3.A. November 9, 2010 61 ZONING DISTRICTS AND OVERLAY ZONES 1 8.Miscellaneous. 2 3 a. 4 No part of any mobile home, or any addition or appurtenances 5thereto shall be located within 10 feet of any accessory or service 6building or structure used in connection with a mobile home park. 7 b. 8 Additional perimeter buffering and landscape material may be 9required as recommended by the Director of Planning and Zoning to 10ensure compatibility with adjacent properties. 11 12 November 9, 2010 62 ZONING DISTRICTS AND OVERLAY ZONES Section 3. Commercial Districts 1. 2 A. C-1 OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT 3. 4 1. General. 5 The purpose of the C-1 zoning district is to implement the 6Office Commercial (OC) Future Land Use Map (FLUM) classification of the 7Comprehensive Plan. The intent of this conventional district is to provide 8appropriate space for office and professional uses, while also serving as a 9transitional area between residential and higher intensity commercial areas. 10 2. Use(s) Allowed 11. See “Use Matrix Table 3-28” in Chapter 3, Article 12IV, Section 3.D. 13 3. Building and Site Regulations (Table 3-14). 14No building or 15portion thereof shall be erected, constructed, converted, established, altered, 16enlarged or used unless the premises and buildings shall comply with the 17following regulations: 18 BUILDING / SITE REGULATIONS C-1 District Minimum lot area:9,000 s.f. Minimum lot frontage:75 feet Minimum lot depth:120 feet Minimum yard setbacks: Front: 30 feet Rear: 20 feet Abutting:Residential district(s) 30 feet Interior side: 10 feet Abutting:Residential district(s) 30 feet 10 feet Corner side: Abutting:Residential district(s) 30 feet Maximum lot coverage: 40% 1 Maximum Floor Area Ratio (FAR)0.4 2 Maximum structure height:30 feet (For hospitals only) 45 feet 19 1 20A Floor Area Ratio (FAR) up to 0.40 may be considered for 21office commercial and related uses allowed within the C-1 district (see 22“Use Matrix” – Chapter 3, Article IV, Section 3.D.), pursuant to the 23Office Commercial Future Land Use classification of the 24Comprehensive Plan. 25 2 26Buildings designed with under-story parking shall be allowed a 27maximum building height of 35 feet but only with conditional use 28approval. 29 November 9, 2010 63 ZONING DISTRICTS AND OVERLAY ZONES 4. Review and Approval Process. 1Pursuant to Chapter 2, Article II, 2Section 2.F, site plan approval shall be required for the construction or 3modification of a non-residential building, structure, or improvement, including 4any area allocated to an accessory residential unit. 5 6. Parking 6. Required off-street parking is regulated in accordance 7with Chapter 4, Article V Minimum Off-Street Parking Requirements. 8 9 November 9, 2010 64 ZONING DISTRICTS AND OVERLAY ZONES B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT 1. 2 1.General. 3 The purpose of the C-2 zoning district is to implement the 4Local Retail Commercial (LRC) Future Land Use Map (FLUM) classification of 5the Comprehensive Plan. The intent of this conventional district is to allow low- 6intensity commercial uses of a retail convenience that are intended to serve and 7which are in close proximity to individual residential neighborhoods. Generally, 8the desired locations of these commercial areas would be at the periphery of one 9(1) or more neighborhoods along roadway classifications that are able to support 10the additional traffic. 11 2. Use(s) Allowed 12. See “Use Matrix Table 3-28” in Chapter 3, Article 13IV, Section 3.D. 14 3. Building and Site Regulations (Table 3-15). 15No building or 16portion thereof shall be erected, constructed, converted, established, altered, 17enlarged or used unless the premises and buildings shall comply with the 18following regulations: 19 BUILDING / SITE REGULATIONS C-2 District Minimum lot area:5,000 s.f. Minimum lot frontage:50 feet Minimum lot depth:100 feet Minimum yard setbacks: 1,2 Front: 30 feet Rear: 20 feet Abutting:Residential district(s) 30 feet 1,2 Interior side: 15 feet 1 Abutting:Residential district(s) 30 feet 1,2 20 feet Corner side: 1 Abutting:Residential district(s) 30 feet Maximum lot coverage:40% 3 Maximum Floor Area Ratio (FAR)0.50 4 Maximum structure height:25 feet 20 1 21Reduced setbacks will be applied to property located within the 22Urban Commercial District Overlay Zone, Chapter 3, Article III, Section 238.C. 24 2 25 Pursuant to Chapter 3, Article III, Section 8.B., parcels that have 26frontage on Martin Luther King Jr. Boulevard and are located within the 27Martin Luther King Boulevard Overlay Zone shall have front, side 28interior, and side corner setbacks in accordance with the Mixed Use- 29Low Intensity 1 zoning district (see Chapter 3, Article III, Section 5.C). 30 November 9, 2010 65 ZONING DISTRICTS AND OVERLAY ZONES 3 1A Floor Area Ratio (FAR) up to 0.50 may be considered for local 2retail commercial uses allowed within the C-2 district (see “Use Matrix” 3– Chapter 3, Article IV, Section 3.D), pursuant to the Local Retail 4Commercial Future Land Use classification of the Comprehensive Plan. 5 4 6Not to exceed two (2) stories. 7 4. Review and Approval Process. 8Pursuant to Chapter 2, Article II, 9Section 2.F, site plan approval shall be required for the construction or 10modification of a non-residential building, structure, or improvement, including 11any area allocated to an accessory residential unit. 12 5. Parking 13. Required off-street parking is regulated in accordance 14with Chapter 4, Article V Minimum Off-Street Parking Requirements. November 9, 2010 66 ZONING DISTRICTS AND OVERLAY ZONES C. C-3 COMMUNITY COMMERCIAL DISTRICT. 1 2 1.General. 3 4 a.Purpose and Intent. 5 The purpose of the C-3 zoning district is to 6implement the Local Retail Commercial (LRC) Future Land Use Map 7(FLUM) classification of the Comprehensive Plan. The intent of this 8conventional district is to encourage the development or use of property 9for appropriate intensive retail commercial uses providing for a wide 10range of goods and services, located along major thoroughfares and . 11The C-3 district allows a maximum density of 11 dwelling units per 12acre; however, all residential developments must adhere to the R-3 13district building and site regulation in accordance with Section 2.F 14above. 15 b. Prerequisite Location Standard. 16 In reaching 17recommendations and decision as to zoning land to C-3, the advisory 18board and City Commission shall apply the following location standards, 19in addition, to the standards applicable to the rezoning of land generally: 20 21(1) Centrally and accommodating multiple neighborhoods; 22and 23 24(2) Abutting to at least one major thoroughfare. 25 2. Use(s) Allowed 26. See “Use Matrix Table 3-28” in Chapter 3, Article 27IV, Section 3.D. 28 3. Building and Site Regulations (Table 3-16). 29No building or 30portion thereof shall be erected, constructed, converted, established, altered, 31enlarged or used unless the premises and buildings shall comply with the 32following regulations: 33 34 35 36 37 38 39 40See next page. 41 42 43 44 45 46 47 November 9, 2010 67 ZONING DISTRICTS AND OVERLAY ZONES 1 BUILDING / SITE REGULATION C-3 District 15,000 Minimum lot area: s.f. Minimum lot frontage:75 feet Minimum yard setbacks: 1 Front: 20 feet 2 Rear: 20 feet Abutting:Residential district(s) 30 feet 1,3 Interior side: 0 feet 1 Abutting:Residential district(s) 30 feet 1 20 feet Corner side: 1 Abutting:Residential district(s) 30 feet Maximum lot coverage: 40% 4 Maximum Floor Area Ratio (FAR)0.50 5 Maximum structure height:45 feet 2 1 3Reduced setbacks will be applied to property located within the 4Urban Commercial District Overlay Zone, Chapter 3, Article III, Section 58.C. 6 2 7Where rear yard access is available from a public street or alley, 8rear yard may be decreased by one-half the width of such street or alley, 9but in no case shall a rear yard be less than ten (10) feet. 10 3 11Where rear access is not available from a public street or alley, a 12side yard of not less than fifteen (15) feet shall be provided on one side. 13 4 14A Floor Area Ratio (FAR) up to 0.50 may be considered for local 15retail commercial uses allowed within the C-3 district (see “Use Matrix” 16– Chapter 3, Article IV, Section 3.D), pursuant to the Local Retail 17Commercial Future Land Use classification of the Comprehensive Plan. 18 5 19Not to exceed four (4) stories. 20 3. Review and Approval Process 21. 22 a. 23 Single-family and duplex dwellings and accessory uses thereto 24shall be allowed upon application to and approval by the Building 25Official for structures that require a building permit pursuant to Chapter 262, Article IV, Section 2. 27 b. 28 Community and common areas, such as recreational areas, 29landscape buffers and tracts, and project signage may be subject to site 30plan review. November 9, 2010 68 ZONING DISTRICTS AND OVERLAY ZONES 1 c. 2 Non-residential uses shall require site plan approval in 3accordance with Chapter 2, Article II, Section 2.F prior to application 4for building permit. 5 4. Parking 6. Required off-street parking is regulated in accordance 7with Chapter 4, Article V Minimum Off-Street Parking Requirements. 8 5. Exterior Storage of Merchandise and Equipment. 9See Chapter 103, Article V, Section 8 for the regulations pertaining to the permanent exterior 11storage of merchandise and equipment. 12 13 14 15 November 9, 2010 69 ZONING DISTRICTS AND OVERLAY ZONES D. C-4 GENERAL COMMERCIAL DISTRICT. 1 2 1. General. 3 The purpose of the C-4 zoning district is to implement the 4General Commercial (GC) Future Land Use Map (FLUM) classification of the 5Comprehensive Plan. The intent of this conventional district is to accommodate 6service and intensive commercial establishments and limited light industrial 7uses, and to serve as a transitional area between lighter commercial areas and 8general industrial uses or operations. 9 2. Use(s) Allowed 10. See “Use Matrix Table 3-28” in Chapter 3, Article 11IV, Section 3.D. 12 3. Building and Site Regulations (Table 3-17). 13No building or 14portion thereof shall be erected, constructed, converted, established, altered, 15enlarged or used unless the premises and buildings shall comply with the 16following regulations: 17 BUILDING / SITE REGULATIONS C-4 District Minimum lot area:5,000 s.f. Minimum lot frontage:50 feet Minimum lot depth:100 feet Minimum yard setbacks: 1,2 Front: 25 feet 3 Rear: 20 feet Abutting:Residential district(s) 30 feet 1,2,3 Interior side: 15 feet Abutting:Residential district(s) 30 feet 1,2 Corner side: 15 feet Abutting:Residential district(s) 30 feet Maximum lot coverage:40% 4 Maximum Floor Area Ratio (FAR)0.50 5 Maximum structure height:45 feet 18 1 19Reduced setbacks will be applied to property located within the 20Urban Commercial District Overlay Zone, Chapter 3, Article III, Section 218.C. 22 2 23 Pursuant to Chapter 3, Article III, Section 8.B., parcels that have 24frontage on Martin Luther King Jr. Boulevard and are located within the 25Martin Luther King Boulevard Overlay Zone shall have front, side 26interior, and side corner setbacks in accordance with the Mixed Use- 27Low Intensity 1 zoning district (see Chapter 3, Article III, Section 5.C). 28 November 9, 2010 70 ZONING DISTRICTS AND OVERLAY ZONES 3 1Where rear property line abuts a public street or alley, rear yard 2setback may be reduced to 10 feet and no side yard shall be required, 3except on corner lots or where abutting single-family uses. 4 4 5A Floor Area Ratio (FAR) up to 0.50 may be considered for 6general commercial uses allowed within the C-4 district (see “Use 7Matrix” – Chapter 3, Article IV, Section 3.), pursuant to the General 8Commercial Future Land Use classification of the Comprehensive Plan. 9 5 10Not to exceed four (4) stories; however, those parcels located 11within the Martin Luther King Boulevard Overlay Zone (Chapter 3, 12Article III, Section 8.B.) shall be limited to 30 feet in height. 13 4. Review and Approval Process. 14Non-residential uses shall require 15site plan approval in accordance with Chapter 2, Article II, Section 2.F prior to 16application for building permit. 17 5. Parking 18. Required off-street parking is regulated in accordance 19with Chapter 4, Article V Minimum Off-Street Parking Requirements. 20 6. Exterior Storage of Merchandise and Equipment. 21See Chapter 223, Article V, Section 8 for the regulations pertaining to the permanent exterior 23storage of merchandise and equipment. 24 25 November 9, 2010 71 ZONING DISTRICTS AND OVERLAY ZONES E. CBD CENTRAL BUSINESS DISTRICT 1. 2 1. General. 3The purpose of the CBD zoning district is to implement 4the Mixed Use (MX) and Mixed Use Core (MX-C) Future Land Use Map 5(FLUM) classification of the Comprehensive Plan. The intent of this 6conventional district is to provide a highly visible community focal point 7integrating office, retail, and residential uses concentrated in the historic 8downtown and marina district. In addition, this district is considered the 9predecessor to the urban mixed use zoning districts, particularly, the Mixed Use- 10High Intensity district. The uses allowed in the central business district are 11intended to serve the entire community, create a high volume of pedestrian 12activity, provide business, recreation, and residential opportunities, and 13maximize the potential of the waterfront. 14 2. Use(s) Allowed 15. See “Use Matrix Table 3-28” in Chapter 3, Article 16IV, Section 3.D. 17 3. Building and Site Regulations (Table 3-18). 18No building or 19portion thereof shall be erected, constructed, converted, established, altered, 20enlarged, or used unless the premises and buildings shall comply with the 21following regulations: 22 BUILDING / SITE REGULATIONS CBD District 15,000 Minimum lot area: s.f. Minimum lot frontage: 75 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 0 feet 1 Rear: 20 feet Interior side: 0 feet 2 Corner side: 8 feet 3 Waterfront yard (from navigable water): 8 feet Minimum living area:750 s.f. Maximum lot coverage: 75% Parking garages: 85% Maximum Floor Area Ratio (FAR)N/A 4 Maximum structure height:45 feet 23 1 24Where rear property line abuts a public street or alley, rear yard 25setback may be reduced to eight (8) feet at first floor level, in which 26case, no setback shall be required at all other floor levels. 27 2 28Eight (8) feet is require at first floor level. No setback shall be 29required at all other floor levels. November 9, 2010 72 ZONING DISTRICTS AND OVERLAY ZONES 1 3 2 Waterfront setbacks shall be measured from the property where 3the body of water is under different ownership than the subject property 4line; however, setbacks are measured from the mean high water line if 5the body of water is under the same ownership as the subject property. 6 4 7 45 feet, not to exceed four (4) stories. The maximum building 8height shall be 45 feet, except for buildings which contain a mix of uses 9(residential in combination with nonresidential uses). In these instances, the 10maximum building height may be increased to 100 feet, but contingent upon 11conditional use approval. Mechanical equipment which exclusively serves the 12structure shall not be included in the calculations of height. 13 4. Review and Approval Process. 14All development and 15redevelopment shall require site plan approval in accordance with Chapter 2, 16Article II, Section 2.F prior to application for building permit. 17 5. Parking 18. 19 a. General Requirements 20. Required off-street parking is 21regulated in accordance with Chapter 4, Article V Minimum Off-Street 22Parking Requirements. 23 b. Specific for CBD district 24. As required by Chapter 4, Article 25V, Section 3.E. The CBD district contains additional standards relative 26to location and appearance of off-street parking facilities. Refer to 27Chapter 4, Article III, Section 3.C for these additional development 28standards. 29 6. Miscellaneous. 30 31 a. Building Location and Massing. 32 See Chapter 4, Article III, 33Section 3.H for additional regulations pertaining to mixed-use 34developments. 35 b. Shade and Shelter. 36 See Chapter 4, Article III, Section 3.H for 37additional regulations pertaining to mixed-use developments. 38 39Section 6. Commercial district regulations and use provisions. 40 A. C-1 OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These district regulations 41will provide appropriate space for office and professional uses, located to provide ready access to such 42services for all. 43 44 1. Uses permitted. Within any C-1 office and professional zoning district, no building, 45structure, land or water, or any part thereof, shall be erected, altered or used, in whole or in part, except 46for one (1) or more of the following specified uses (single-family occupancy when incidental and November 9, 2010 73 ZONING DISTRICTS AND OVERLAY ZONES 1necessary to main use is permitted). Those uses, however, which are listed in 1A. below shall require 2conditional use approval prior to the establishment of these uses: 3 4 a. Churches and other places of worship and attendant accessory uses. Day care centers, 5primary and secondary schools, seminaries, and colleges and universities shall not be construed to be an 6accessory use to a place of worship, however. 7 8 b. Financial institutions, including drive-through facilities. 9 10 c. Funeral homes. 11 12 d. Funeral home with Crematorium.* 13 14 e. Government facilities, including public community centers, excluding uses which have 15extensive storage or maintenance facilities, or storage or maintenance as their principal use. 16 17 f. Hospitals. 18 19 g. Medical and dental offices and clinics. (Also see Section 11.R for restrictions applicable 20to those uses subject to the registration requirements of Florida Statutes Ch. 458.3265 or Ch. 459.0137). 21 22 h. Nursing and convalescent homes. 23 24 i. Pharmacies, medical and surgical supplies; orthopedic, invalid and convalescent supplies; 25eyeglasses and hearing aids. (Also see Section 11.R. for restrictions applicable to those uses subject to 26the registration requirements of Florida Statutes Ch. 458.3265 or Ch. 459.0137) (see Section 11.S for 27additional applicable standards). 28 29 j. Professional and business offices. (Also see Section 11.R. for restrictions applicable to 30those uses subject to the registration requirements of Florida Statutes Ch. 458.3265 or Ch. 459.0137). 31 32 k. Veterinary offices and clinics, excluding outdoor kennels, or keeping of animals for 33purposes other than treatment, and excluding on-site disposal of animals. 34 35 l. Reserved. 36 37 m. Nursery schools, day care centers, and other preschool facilities* (See Section 11.C.). 38 39 n. Instruction or tutoring, with a gross floor area of less than two thousand (2,000) square 40feet, limited to instruction for office occupations, or academic tutoring, and specifically excluding art, 41recreational, trade, or industrial instruction. 42 43 o. Instruction or tutoring, with a gross floor area of two thousand (2,000) square feet or 44more, limited to instruction for office occupations, or academic tutoring, and specifically excluding art, 45recreational, trade or industrial instruction.* 46 November 9, 2010 74 ZONING DISTRICTS AND OVERLAY ZONES 1 p. Academic schools, regardless of floor area, including primary and secondary schools, 2seminaries, colleges, and universities. 3 4 q. Copying service. Print shops shall be allowed subject to obtaining a hazardous material 5or toxic substance review in accordance with Part II, Section 9-71 of this code. 6 7 r. Restaurants,* subject to the following conditions: 8 9 (1) No restaurant is to be allowed in an office building or complex of less than twenty- 10five thousand (25,000) square feet. 11 12 (2) No restaurant shall occupy more than five (5) per cent of the total square footage of 13the office building or structure. 14 15 (3) No signage for the restaurant shall be placed on any freestanding sign for the office 16building or complex. 17 18 (4) Hours of operation shall be limited from 6:00 a.m. to 5:30 p.m. 19 20 (5) Seating shall be limited to forty (40) seats or less. 21 22 s. Barber shops, beauty salons, manicurists, tailors and dressmakers.* 23 24 t. Dental laboratories.* 25 26 u. Reserved. 27 28 v. Photography studio services excluding retail sales of photography and picture accessories 29and developing/finishing of customer film. 30 31 1A. Conditional uses allowed. These uses specified above in subsection 6.A.1. which are 32followed by an asterisk (*) shall be deemed to be conditional uses, which may be considered and 33granted in accordance with the procedures set forth in Section 11.2. 34 35 1B. Fire Department Hazardous Material Disclosure required. Any use listed under 6.A.1. or 366.A.1A. above which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, 37or a toxic substance as the same are defined by 40 Code of Federal Regulations, Part 261 or the Florida 38Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require a Fire 39Department Hazardous Material Disclosure in accordance with Part II, Section 9-71 of this code. 40 41 2. Uses prohibited. Any outdoor display of merchandise. 42 43 a. Any outdoor display of merchandise 44 45 b. Self-service storage facilities (mini-warehouse). 46 November 9, 2010 75 ZONING DISTRICTS AND OVERLAY ZONES 1 3. Building and site regulations. No building or portion thereof shall be erected, constructed, 2converted, established, altered, enlarged or used unless the premises and buildings shall comply with 3the following regulations: 4 5 Minimum lot frontage 75 feet 6 7 Minimum lot depth 120 feet 8 9 Minimum lot area 9,000 square feet 10 11 Maximum lot coverage (building) 40 percent 12 13 Minimum front yard 30 feet 14 15 Minimum rear yard 20 feet 16 17 Minimum side yards 10 feet* 18 19 Maximum structure height 25 feet, not to 20 exceed 2 stories** 21 22 *When abutting residential district, side and/or rear yards shall be thirty (30) feet. 23 24 **Exceptions: 25 26 1. Maximum height for hospital shall be forty-five (45) feet not to exceed four (4) stories. 27 28 2. Building designed for under building parking shall be (30) feet maximum. 29 30 4. Off-street parking. As set forth in Section 11.H hereinafter. 31 32 B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. These district regulations will provide a 33limited number of small commercial facilities of a retail convenience nature, intended to service 34individual residential neighborhoods. Generally, the desired locations for these facilities are near and 35about the geocenter or other planned nucleus of the neighborhood, conforming to the general 36development plan. 37 38 1. Uses permitted. Within any C-2 neighborhood commercial zoning district, no building, 39structure, land or water, or any part thereof, shall be erected altered, or used, in whole or in part, except 40for one (1) or more of the following specified uses. Those uses, however, which are indicated in 1A. 41below shall require conditional use approval prior to the establishment of these uses: 42 43 All stores and shops in the C-2 district shall be limited to retail sales. 44 45 a. Any use permitted in C-1 district. 46 47 b. Any use which is a conditional use in the C-1 zoning district.* November 9, 2010 76 ZONING DISTRICTS AND OVERLAY ZONES 1 2 The following uses, provided that the gross floor area of such use does not exceed five 3thousand (5,000) square feet: 4 5 c. Automobile parts and marine hardware stores, excluding any installation on premises, 6and excluding machine shop service. 7 8 d. Camera and audio-visual equipment and supply stores. 9 10 e. Furniture stores and home furnishings; antique stores, excluding auction houses, shall be 11a permitted use if limited to selling only objects of value such as quality antiques, art objects, jewelry 12andthe like, but not used merchandise generally. 13 14 f. Flower shops and sale of house plants. 15 16 g. Bicycle shops. 17 18 h. Luggage stores. 19 20 i. Music stores. 21 22 j. Art and ceramic stores. 23 24 k. Jewelry and cosmetic stores. 25 26 l. Locksmith shops. 27 28 m. Sporting goods, excluding sale of ammunition or firearms; game, and toy stores; bait and 29tackle shops. 30 31 n. Paint, wallpaper, tile, carpet, draperies, blinds and shades, and interior decorator shops. 32 33 o. Office supplies, equipment, and furniture. 34 35 p. Art, craft, trophy, hobby, and costume shops, and sewing supplies; art galleries and 36artists' studios. 37 38 q. Book stores, religious goods, card shops, tobacco shops, and news stores. 39 40 r. Pet shops, excluding kennels or boarding of animals or keeping animals in outdoor 41kennels. 42 43 s. Repair or service shops, excluding rebuilding or refinishing for retail goods that are 44typically sold in the stores which are permitted uses in the C-2 district. All outdoor display or storage 45in conjunction with such uses shall be prohibited, however. 46 47 t. Televisions; radio, video, and stereo equipment and supplies. November 9, 2010 77 ZONING DISTRICTS AND OVERLAY ZONES 1 2 u. Household appliances and parts for same. 3 4 v. Curio, souvenir, and gift shops, excluding sale of used merchandise. 5 6 w. Beer and wine sales, limited to consumption off premises. 7 8 x. The following personal and household services: Barber shops, beauty salons, manicurists, 9tanning salons, pet grooming, off-premises carpet and upholstery cleaning, maid service, tailors and 10dressmakers. 11 12 y. Laundromats and retail laundering services, provided that the floor area for such uses is 13entirely enclosed. 14 15 z. Retail photographic studios and photofinishing service. 16 17 aa. Fabrication and installation of furniture slipcovers. 18 19 bb. Taxicab offices and parking, excluding service or repairs on the premises. 20 21 cc. Automotive service stations, without major repairs (see definitions: “major repairs”), 22and including car washes as an accessory use, provided that at least one (1) frontage lies along a four- 23lane collector or arterial road, and the site is developed in accordance with Section 11.L. In the C-2 24district, repair and service of vehicles, other than refueling, shall be limited to automobiles, 25motorcycles, and pick-up trucks with a rated capacity of not more than one (1) ton. All repair and 26service of vehicles shall be done within an enclosed building.* 27 28 dd. Print shops. 29 30 ee. Dry-cleaning service, limited to handling goods that are brought to the premises by retail 31customers. 32 33 ff. Private clubs, lodges, and fraternal organizations.* 34 35 gg. Drive-up, drive-through, or drive-in service for any of the retail uses or personal 36services listed under 1.c. through 1.ff. above.* Drive-up and drive-through facilities for financial 37institutions shall be a permitted use, however. 38 39 hh. Art or recreational instruction. 40 41 The following uses, provided that the gross floor area of such use does not exceed ten 42thousand (10,000) square feet: 43 44 ii. Grocery, food, ice cream, confectionery, and health food stores; delicatessens, butcher 45shops and seafood stores, vegetable and fruit stores, convenience food stores, and bakeries; catering 46service. 47 November 9, 2010 78 ZONING DISTRICTS AND OVERLAY ZONES 1 jj. General hardware stores. 2 3 kk. Restaurants, including serving of alcoholic beverages only in connection with the 4serving of meals. Sidewalk cafes, as an accessory use to a duly licensed restaurant within the 5Community Redevelopment Area (CRA). 6 7 ll. Drive-through, drive-up, or drive-in restaurants.* 8 9 mm. Sundries, notions, and variety stores. 10 11 nn. Drug stores (see Section 11.S for additional applicable standards). 12 13 oo. Clothing, clothing accessory, and shoe stores. 14 15 pp. Lawn and garden supply stores. 16 17 qq. Drive-up, drive-through or drive-in service for any of the retail uses of personal services 18listed under 1.ii. through 1.pp. above.* Drive-up and drive-through facilities for financial institutions 19shall be a permitted use, however. 20 21 rr. Automotive service stations, subject to the provisions of 1.cc above. 22 23 ss. Print shops. 24 25 tt. Drycleaning on premises, limited to handling goods that are brought to the premises by 26retail customers. 27 28 uu. A single-family residence, incidental to a permitted, commercial use, located on the 29same lot as the commercial use. Such residence shall have a minimum living area of seven hundred 30fifty (750) square feet and shall be limited to occupancy by the property owner or business 31owner/operator. 32 33 All uses listed under 1.c. through 1.qq. above shall specify the gross floor area on the 34application for a business tax receipt. Each retail store and adjacent stores or bays under the same 35ownership or control that are of a similar or related use shall be considered to be a single store for the 36purpose of computing floor area. 37 38 1A. Conditional uses allowed: Those uses specified above which are followed by an asterisk 39(*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the 40procedures set forth in Section 11.2. 41 42 1B. Any use listed under 6.B.1 or 6.B.1A, which uses, handles, stores, displays, or generates 43hazardous materials, hazardous waste, or a toxic substance, as the same are defined by 40 Code of 44Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida 45Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with 46Part II, Section 9-71 of this code. 47 November 9, 2010 79 ZONING DISTRICTS AND OVERLAY ZONES 1 2. Prohibited uses. Within any C-2 neighborhood commercial zoning district, no building, 2structure, land or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for 3any of the following uses: 4 5 a. Any use not specifically allowed in accordance with the list of uses under 1., 1A., and 61B., above. 7 8 b. Any use which is either specifically allowed or prohibited in another zoning district, 9which is not specifically allowed in accordance with the list of uses under 1., 1A., and 1B., above. 10 11 c. Outdoor storage or display of any type. 12 13 d. Sale of firearms or ammunition. 14 15 e. Sale of fireworks. 16 17 f. Temporary employment centers, operated on a walk-in basis. 18 19 g. Any wholesale establishments, storage as a principal use, or off-premises storage, or 20distribution. 21 22 h. Sale of alcoholic beverages, other than beer or wine. 23 24 i. Serving of alcoholic beverages, except for consumption on premises within a duly 25licensed restaurant and in conjunction with the serving of regular meals. 26 27 j. Lumber yards or building materials stores. 28 29 k. Sales bazaars, farmer's markets, flea or thieves' markets, swap shops and trading posts. 30 31 l. Self-service storage facilities (mini-warehouse). 32 33 3. Building and site regulations. No building or portion thereof shall be erected, constructed, 34converted, established, altered, enlarged or used unless the premises and buildings shall comply with 35the following regulations: 36 37 Minimum lot frontage 50 feet 38 39 Minimum lot depth 100 feet 40 41 Minimum lot area 5,000 square feet 42 43 Maximum lot coverage 40 percent 44 45 Minimum front yard 30 feet 46 47 Minimum side yard (interior lots) 15 feet* November 9, 2010 80 ZONING DISTRICTS AND OVERLAY ZONES 1 2 Minimum side yard (corner lots) 20 feet on side 3 4 street 5 6 Minimum rear yard 20 feet* 7 8 Maximum structure height 25 feet, not to exceed 9 2 stories 10 11 *When abutting residential districts, side and/or rear yards shall be thirty (30) feet. 12 13 4. Repair and service of merchandise: The repair and service of merchandise for household 14customers shall be permitted as either an accessory or principal use, for any merchandise which is 15typically sold in the C-2 district, excluding rebuilding or refinishing of any type. 16 17 5. Exterior storage or display: Exterior storage or display of merchandise or materials shall be 18prohibited, with the exception of growing plants which are stored or displayed as an accessory use to a 19lawful principal use. 20 21 6. Sale of used merchandise: The sale of used merchandise shall be permitted as an accessory 22use to the sale of new merchandise, meaning that used merchandise shall be of the same type as the new 23merchandise sold on the premises, and shall be permitted as an accessory use to a repair shop which is 24permitted in the district, provided that, in all cases, the floor area occupied by used merchandise shall 25not exceed twenty-five (25) percent of the gross floor area.Stores which deal primarily in used 26merchandise, shall be limited to retail merchandise of the type that is permitted in the list of permitted 27uses above. Pawnshops and auction houses shall be prohibited, however, in the C-2 district. Used 28merchandise stores shall be located not less than twenty-four hundred (2,400) feet apart, as measured by 29direct distance between property lines, and shall have a gross floor area of not more than five thousand 30(5,000) square feet. Where these stores are currently located at less than this minimum distance, such 31stores shall not be expanded. All new applications for business tax receipts to operate such uses or 32applications for building permits to expand such uses shall be accompanied by an affidavit which 33certifies that the provisions of this paragraph would be complied with. Exterior storage and display in 34connection with such uses shall be prohibited. 35 36 7. Off-street parking as set forth in Section 11.H hereinafter. 37 38 C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage 39the development of appropriate intensive retail commercial facilities providing a wide range of goods 40and services, located centrally and accommodating three (3) or four (4) neighborhoods and located 41adjacent to at least one major thoroughfare. 42 43 1. Uses permitted. Within any C-3 community commercial district, no building, structure, land 44or water shall be used except for one (1) or more of the following uses: 45 46 a. Any use permitted in C-1 or C-2 districts, without specific limitation on floor area. 47 November 9, 2010 81 ZONING DISTRICTS AND OVERLAY ZONES 1 b. Any conditional use in the C-2 district, except as provided for otherwise under the C-3 2district regulations, without specific limitation on floor area.* 3 4 c. Antique stores and auctions houses, selling only objects of value such as quality antiques, 5art objects, jewelry and the like, but not used merchandise generally. 6 7 d. Bars, cocktail lounges, subject to the provision of Chapter 3 of the City of Boynton 8Beach Code of Ordinances. Such uses shall be a conditional use (*) if located within six hundred (600) 9feet of property lying within a residential zoning district as measured by direct distance between 10property lines. Sidewalk cafes, as an accessory use to a duly licensed restaurant within the Community 11Redevelopment Area (CRA). 12 13 e. Liquor stores, subject to the provisions of Chapter 3 of the City of Boynton Beach Code 14of Ordinances. 15 16 f. Greenhouses, nurseries, and other horticultural uses. 17 18 g. Department stores. 19 20 h. Hotel, motels, apartment hotels, and apartment motels, including timesharing units, 21provided that sleeping rooms and apartment suites therein, and exterior portions of the site shall not be 22used for the display, lease, or sale of merchandise. 23 24 i. Lumber yards and building materials stores, including sale to contractors.* 25 26 j. Multifamily and duplex residential dwellings, including timesharing apartments, which 27shall comply with the R-3 district regulations for such uses. 28 29 k. Rooming and boarding houses.* 30 31 l. Private clubs, lodges, and fraternal organizations. 32 33 m. Recreational facilities: 34 35 (1) Indoor recreational facilities, including nightclubs,* bowling alleys, billiard halls, 36health clubs/gymnasiums, shooting ranges (indoor only), skating rinks, and amusement arcades. 37Bars/lounges and musical entertainment and athletic competitions* shall also be accessory to the 38principal uses described in this section. Indoor recreational facilities other than those which are listed 39above conditional uses(*). 40 41 (2) Outdoor recreational facilities, including, but not limited to, golf courses, miniature 42golf courses, tennis clubs and the like. Racetracks, go-cart tracks, and water slides shall be prohibited. 43 44 n. Sale of ammunition and firearms. 45 46 o. Theaters and auditoriums, excluding drive-in theaters. 47 November 9, 2010 82 ZONING DISTRICTS AND OVERLAY ZONES 1 p. Automotive service stations, without major repairs (see definitions “major repairs”), and 2including car washes as an accessory use, provided that the site is developed in accordance with Section 311.L. The repair and service of vehicles in the C-3 district shall include all motor vehicles, in addition 4to those types of motor vehicles for which repair and service is allowed in the C-2 district, but shall 5exclude farm tractors and implements, cement mixers, shovels or cranes, and special mobile equipment 6as defined by Section 316.003, Florida Statutes. All repair and service of vehicles shall be done within 7an enclosed building. 8 9 q. Bus terminals. 10 11 r. Ambulance service. 12 13 s. New boat sales, excluding repair or service on premises.* 14 15 t. Marinas and yacht clubs, which may include the following as accessory uses, if approved 16as such: Any accessory uses to marinas which are allowed in the CBD district, as well as boat dealers, 17service, repair, installation, rebuilding, or customizing of boats, engines, or marine of boats, engines, or 18marine equipment.* 19 20 u. Dry storage of boats at marinas.* 21 22 v. Yachtels, boatels, and other use of boats at marinas for residences.* 23 24 w. Small equipment and tool rental, for homeowners use, excluding exterior display or 25storage. 26 27 x. Governmental, utilities, and communications facilities, excluding uses which have 28extensive storage or maintenance facilities, or storage or maintenance as their principal use. Utilities 29shall be adequately screened from exterior view. 30 31 y. Trade and business labor pools; such uses shall be a conditional use (*) if operated on a 32walk-in basis. 33 34 z. Automobile wash establishments. 35 36 aa. Wholesaling of goods listed under Section 8.A.1.c.(2), 8.A.1.c.(3), 8.A.1.c.(4), 378.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 38for households, but excluding any exterior storage or display, where all portions of the property lie 39within three hundred (300) feet of a railroad right-of-way, and direct access to the property from a 40collector or arterial road is not available at the effective date of this ordinance.* The conditional use 41application shall list the specific types of goods which are to be sold, stored, or distributed from the 42premises, and uses of the property shall be limited to those specified on this list, as approved by the 43City Commission. 44 45 bb. Adult entertainment establishments, in accordance with Section 11.M*; 46 November 9, 2010 83 ZONING DISTRICTS AND OVERLAY ZONES 1 cc. Repair of motor vehicles or tire sales and service, limited to minor repairs (see 2definitions “minor repairs”), and including car washes as an accessory use, are as follows: 3 4 (1) This use is not permitted on sites less than five (5) acres in size. 5 6 (2) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such 7uses shall be located in either a principal building of a shopping center or in a subordinate, stand-alone 8building and/or outparcel within a commercial Master Plan, provided that the subordinate stand-alone 9building and/or outparcel within a commercial Master Plan is not located between the principal building 10and an adjoining right-of-way or between the principal building and abutting residentially zoned 11property. 12 13(3) On sites of greater than seventy-five (75) acres all such uses will be allowed to be 14located in a separate building in a shopping center.* Passenger car rental is allowed as an accessory use 15within said building subject to the following additional conditions: 16 17 (i) The customer service area shall be located within said building. 18 19 (ii) No more than twelve (12) automobiles shall be stored on-site for the purpose of 20rental, and such automobiles shall be stored in marked stalls. 21 22 (iii) No fueling or re- fueling of automobiles shall be permitted on-site. 23 24 For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, 25passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or 26motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor 27vehicle with motive power designed to carry ten (10) persons or less which is constructed either on a 28truck chassis or with special features for occasional off-road operation). All repair and service of 29vehicles shall be done within an enclosed building. 30 31 dd. Upholstery and carpet steam cleaning businesses. 32 33 ee. Marine canvas retail sales and fabrication (no on premises installation). 34 35 ff. Nightclub* 36 37 gg. Cosmetology schools including barbering, hair styling, or the cosmetic arts, such as 38makeup or skin care, if in conjunction with the delivery of the service to the general public on a daily 39basis.* 40 41 hh. Pet care (boarding and daycare). As the principal business, this business is subject to 42conditional use review and approval.As an accessory use to the following principal uses: veterinary 43office, pet store, or pet groomer, this use is not subject to conditional use review and approval unless as 44an accessory use, the accessory use exceeds twenty-five percent (25%) of the floor area of the principal 45use, or two thousand five hundred (2,500) square feet, whichever is less. No external kenneling is 46allowed as an accessory use. (Ord. No. 09-012, § 2, 2-3-09) 47 November 9, 2010 84 ZONING DISTRICTS AND OVERLAY ZONES 1 ii. Cemeteries as accessory to funeral homes on parcels in excess of ten (10) acres. (Ord. 2No. 09-027, § 2, 8-4-09) 3 4 1A. Conditional uses allowed. Those uses specified above which are followed by an asterisk 5(*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the 6procedures set forth in Section 11.2. 7 8 1B. Any use listed under 6.C.1. or 6.C.1A. which uses, handles, stores, displays, or generates 9hazardous materials, hazardous waste, or a toxic substance, as the same are defined by 40 Code of 10Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida 11Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with 12Part II, Section 9-71 of this code. 13 14 2. Prohibited uses. Within any C-3community commercial zoning district, no building, 15structure, land or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for 16any of the following uses: 17 18 a. Any use not specifically allowed in accordance with the list of uses under 1., 1A., and 191B., above. 20 21 b. Any use which is either specifically allowed or prohibited in another zoning district, 22which is not specifically allowed in accordance with the list of uses under l., 1A., and 1B. above. 23 24 c. Any wholesale establishments, storage as a principal use, off-premises storage, or 25distribution, except in accordance with 1.aa. and 1A. above. 26 27 d. Single-family detached dwellings, except where used as a group home. 28 29 e. Sales bazaars, farmer's markets, flea or thieves' markets, swap shops, and trading posts. 30 31 f. Bingo halls. 32 33 g. Self-service storage facilities (mini-warehouses). 34 35 3. Building and site regulations. No building or portion thereof shall be erected, constructed, 36converted, established, altered, enlarged or used unless the premises and buildings shall comply with 37the following regulations: 38 39 Minimum lot frontage 75 feet 40 41 Minimum lot area 15,000 feet 42 43 Maximum lot coverage 40 percent {building) 44 45 Minimum front yard 20 feet 46 47 Minimum side yard None (see Notes November 9, 2010 85 ZONING DISTRICTS AND OVERLAY ZONES 1 2 (interior lots) a and b) 3 4 Minimum side yard 15 feet street side 5 6 (corner lots) (see Note b) 7 8 Minimum rear yard 20 feet (see Notes 9 10 b and c) 11 12 Maximum structure height 45 feet, not to exceed 13 4 stories 14 15 a. Where rear access is not available from a public street or alley, a side yard of not less 16than fifteen (15) feet shall be provided on one side. 17 18 b. When abutting a residential zone, side and/or rear yards shall be thirty (30) feet 19minimum. 20 21 c. Where rear yard access is available from a public street or alley, rear yard may be 22decreased by one-half the width of such street or alley, but in no case shall a rear yard be less than ten 23(10) feet. 24 25 4. Off-street parking as set forth in Section 11.H hereinafter. 26 27 5. Repair and service of merchandise: The repair and service of merchandise for household 28customers shall be permitted as either an accessory or principal use, for any merchandise which is 29typically sold in the C-3 district, excluding rebuilding or refinishing of any type. 30 31 6. Exterior display and storage of merchandise. Exterior display of retail merchandise shall be 32permitted, provided that such merchandise is owned by the operator of the business occupying the 33building, and is the same type of merchandise that is typically sold within the building. Exterior storage 34of merchandise shall be for a length of time which, on a daily basis, shall not exceed eighteen (18) 35hours. Exterior storage or display of motor vehicles and boats, excluding wrecked motor vehicles, shall 36also be permitted to the extent that same is integral to the operation of a conforming use or a legal 37nonconforming use, and without limitation on length of time. Exterior display of merchandise shall be 38completely contained within property lines, and shall not completely block walkways or otherwise 39create a hazard to the public. Parking areas shall not be used for such displays except for a period or 40periods of time which shall not exceed seven (7) days within any one (1) calendar year. Permission 41from the development director or his authorized representative shall be required for any use of parking 42areas for display of merchandise.The exterior display or storage of growing plants shall be permitted in 43connection with a lawful principal use, without limitation on length of time 44 45 7. Sidewalk sales. Sidewalk sales in rights-of-way shall require approval by the city manager 46or such person as may be designated by the city manager. 47 November 9, 2010 86 ZONING DISTRICTS AND OVERLAY ZONES 1 8. Sale of used merchandise: The sale of used merchandise shall be permitted as an accessory 2use to the sale of new merchandise, meaning that used merchandise shall be of the same type as the new 3merchandise sold on the premises, and shall be permitted as an accessory use to a repair shop which is 4permitted in the district, provided that in all cases, the floor area occupied by used merchandise shall 5not exceed twenty-five (25) percent of the gross floor area. 6 7 Stores (including pawnshops) which deal primarily in used merchandise, other than antique 8shops or auction houses (see 1.c. above), shall be limited to sale of retail merchandise of the type that is 9allowed in accordance with the list of uses under 6.C.1. and 6.C.1A. above. Such stores shall not 10exceed five thousand (5,000) square feet in gross floor area and shall be located not less than twenty- 11four hundred (2,400) feet apart, as measured by direct distance between property lines. Where these 12stores are currently located at less than this minimum distance, such stores shall not be expanded. All 13new applications for business tax receipts to operate such uses or applications for building permits to 14expand such uses shall be accompanied by an affidavit which certifies that the provisions of this 15paragraph would be complied with. Exterior storage or display in connection with such uses shall be 16prohibited. 17 18 D. C-4 GENERAL COMMERCIAL DISTRICT. These district regulations will be effective in 19projecting desirable uses and patterns along the development corridors that will be located at points 20along major trafficways. The ultimate desired results are to group highway uses, keep accesses to a 21minimum, and combine accesses, so as to limit the drive out interruptions. In addition, these regulations 22can help expedite, facilitate and ease traffic on and off the major trafficways and allow sufficient 23frontage for safe ingress and egress and yet again, not erode the design capacities for our highways. 24 25 1. Uses permitted. Within any C-4 general commercial district, no building, structure, land or 26water, shall be used, except for one (1) more of the following uses: 27 28 a. Any use which is a permitted use in the C-1, C-2, or C-3 zoning district. 29 30 b. Any use which is a conditional use in the C-3 zoning district, except as provided for 31otherwise in the C-4 district regulations.* 32 33 c. Adult entertainment establishments, in accordance with Section 11.M.* 34 35 d. Sale or rental of new or used automobiles, boats, recreation vehicles, utility trailers, and 36commercial trucks.* 37 38 e. Automobile wash establishments. 39 40 f. Wholesale or retail sale of goods listed under Sections 8.A.1.c.(2), 8.A.1.c.(3), 418.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 428.A.1.c.(16) of these zoning regulations. 43 44 g. Electrical, plumbing, heating, painting, roofing, and upholstery supplies.h. Fabrication 45and assembly of custom cabinets and furniture, sign painting and lettering shops, or furniture 46refinishing, within a fully enclosed building, with a gross floor area of less than two thousand (2,000) 47square feet. November 9, 2010 87 ZONING DISTRICTS AND OVERLAY ZONES 1 2 i. The wholesale sales and distribution of prepackaged meats and poultry. Sales shall be 3restricted to sales to the trades and not to the general public. 4 5 j. Reserved. 6 7 k. Nightclub* 8 9 1A. Conditional uses allowed. The uses specified above which are followed by an asterisk (*) 10shall be deemed to be conditional uses, which may be considered and granted in accordance with the 11procedures set forth in Section 11.2. 12 13 1B. Any use listed under 6.D.1. or 6.D.1A. which uses, handles, stores, displays, or generates 14hazardous materials, hazardous waste, or a toxic substance, as the same may be defined by 40 Code of 15Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule 4A-62.004, Florida 16Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with 17Part II, Section 9-71 of this code. 18 19 2. Uses prohibited. Within any C-4 general commercial zoning district, no building, structure, 20land, or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the 21following uses: 22 23 a. Any use not specifically allowed in accordance with the list of uses under 1., 1A., and 1B. 24above. 25 26 b. Any use which is either specifically allowed or prohibited in another zoning district, 27which is not specifically allowed in accordance with the list of uses under 1., 1A., and 1B. above. 28 29 c. Any residential use, including group homes and residential institutions. Hotels and 30motels, and apartment hotels and motels shall be a permitted use, however. 31 32 d. Exterior storage, unless adequately screened. 33 34 e. Sales bazaars, farmer's markets, flea or thieves' markets, swap shops, and trading posts. 35 36 f. Warehouses or storage buildings, except when utilized as an accessory to a principal use 37which is allowed in accordance with 6.D.1., 6.D.1A., or 6.D.1B., above, and located on the same parcel 38as the principal use. 39 40 g. Contractors' storage and shops. 41 42 h. Self-service storage facilities (mini-warehouses). 43 44 3. Building and site regulations. No building or portions hereof shall be erected, constructed, 45converted, established, altered, enlarged or used unless the premises and buildings shall comply with 46the following regulations: 47 November 9, 2010 88 ZONING DISTRICTS AND OVERLAY ZONES 1 Minimum lot frontage 50 feet 2 3 Minimum lot depth 100 feet 4 5Minimum lot area 5,000 square feet 6 7 Maximum lot coverage 40 percent 8 9 Minimum front yard 25 feet 10 11 Minimum side yard 12 (interior lots) 15 feet one side* 13 14 Minimum side yard 15 16 (corner lots) 15 feet on street side* 17 18 Minimum rear yard 20 feet* 19 20 Maximum structure height 45 feet not to exceed 4 stories 21 22 *When abutting residential districts, side and/or rear yards shall be thirty (30) feet. 23 24 Where rear property line abuts a public street or alley, rear yard setback may be reduced to ten 25(10) feet and no side yard shall be required except on corner lots. 26 27 4. Off-streetparking: As set forth in Section 11.H hereinafter. 28 29 5. Repair and service of merchandise: The repair and service of merchandise shall be permitted 30as either an accessory or principal use, for any merchandise which is typically sold in the C-4 district. 31 32 6. Exterior display or storage. Exterior display of merchandise shall comply with all 33provisions that apply to the exterior display of merchandise in the C-3 district. Exterior storage of 34merchandise, materials, or equipment shall be allowed only as an accessory use to a lawful principal use 35which occupies a building, and shall be adequately screened. Exterior storage or display of motor 36vehicles and boats, shall also be permitted to the extent that same is integral to the operation of a 37conforming use or a legal nonconforming use, and without limitation on length of time, and without the 38requirement for screening. 39 40 7. Sale of used merchandise. Sale of used merchandise shall comply with all provisions that 41apply to the sale of used merchandise in the C-3 district. Distance separation requirements as set forth 42in Section 6.C.8 of Appendix A shall have no application to not-for-profit organizations. 43 44 E. CBD CENTRAL BUSINESS DISTRICT. The intent of this district is to provide a highly 45visible community focal point integrating business, retail, recreational, and residential activities. The 46uses allowed in the central business district are intended to serve the entire community, create a high November 9, 2010 89 ZONING DISTRICTS AND OVERLAY ZONES 1volume of pedestrian activity, provide business, recreation, and residential opportunities, and maximize 2the potential of the waterfront. 3 4 1. Permitted and conditional uses. Within the central business district, no building, 5structure, land, or water, or portion thereof, shall be used except for one or more of the following uses 6listed below. Uses specified below which are followed by an asterisk (*) shall be deemed to be 7conditional uses, which may be considered and granted in accordance with Section 11.2 of these 8zoning regulations. All conditional use applications within the CBD and the CRA district shall be 9considered and reviewed by the planning and development board in all proceedings, until the CRA 10becomes a seven member body or a separate entity from the City Commission. Furthermore, no part of 11the CBD shall be developed until a complete, detailed development proposal has been submitted to the 12city and approved in accordance with the standards and procedures set forth in Part III, Chapter 4, Land 13Development Regulations. Such proposals shall generally follow the design guidelines established by 14the city for the CBD, and shall include water, sewer, storm drainage, traffic flow, parking, landscaping, 15lighting, and other data as required by Part III, Chapter 4, Land Development Regulations. 16 17 Eating and Drinking: 18 19 a. Restaurant. 20 21 a1. *Restaurants with drive-in or drive-through facilities when not in conflict with the 22public/ private pedestrian system of the adopted redevelopment plan. 23 24 b. Nightclubs*, bars and cocktail lounges, excluding adult entertainment establishments. 25 26 Entertainment and Recreation: 27 28 c. Public parks and recreation facilities. 29 30 d. Theaters and auditoriums, excluding drive-in theaters. 31 32 e. Marinas, limited to the following uses: mooring and docking of private pleasure craft; 33sale of fuels and lubricants; occupancy of private craft as living quarters, provided that such craft are 34connected to public sewer facilities; operation of drift and Charter fishing boats and sightseeing boats; 35bait and tackle shops. Dry storage of private pleasure craft shall be permitted as a conditional use. 36Service and repair of private pleasure craft shall be permitted as an accessory use to dry storage. 37Buildings used for dry storage of boats shall not exceed forty-five (45) feet in height, shall be enclosed 38on at least three (3) sides, and shall be designed so as to be compatible with the intent of the CRA plan, 39CBD zoning and landscaping regulations, and CBD design guidelines. The hours of operation of a dry 40storage facility shall be no earlier than sunrise and no later than sunset. In addition, other uses may be 41allowed at marinas, in accordance with the list of permitted and conditional uses for the CBD (central 42business district). 43 44 f. *Private recreation and amusement facilities, including bowling alleys, gymnasiums, and 45health centers. 46 47 Hotels, Motels and Residential: November 9, 2010 90 ZONING DISTRICTS AND OVERLAY ZONES 1 2 g. Hotels and motels. 3 4 h. *Multiple-family residential, time-sharing apartments, motel apartments, and hotel 5apartments. 6 7 Offices and Financial Institutions: 8 9 i. Medical and dental offices and laboratories. 10 11 j. Professional and business offices, excluding offices or clinics for drug or alcohol 12treatment or counseling, psychiatric treatment or counseling, or any other type of personal 13rehabilitation. 14 15 k. Veterinary offices and clinics, excluding outdoor kennels, on-site disposal of animals. 16With respect to on-site boarding of animals, see pet care (boarding and daycare), paragraph zza of this 17section. 18 19(Ord. No. 09-012, § 3, 2-3-09) 20 21 l. Financial institutions, without drive-up tellers. 22 23 m. *Financial institutions, with drive-up tellers. 24 25 Public and Quasi-Public: 26 27 n. Government facilities, excluding uses which have extensive storage or maintenance 28facilities, or storage or maintenance as their principal use. 29 30 o. Churches and other places of worship, including rectories and convents as an accessory 31use. 32 33 p. *Clubs, lodges, and fraternal organizations. 34 35 q. *Public utilities and communications facilities. 36 37 r. *Nursery, day care centers, and pre-school facilities. 38 39 s. *Primary and secondary schools, excluding trade or industrial schools. 40 41 t. *Colleges, seminaries, and universities, excluding trade or industrial schools. 42 43 u. Non-degree instruction or tutoring, under 2,000 square feet of gross floor area, excluding 44trade or industrial instruction. 45 46 v. *Non-degree instruction or tutoring, over 2,000 square feet of gross floor area, excluding 47trade or industrial instruction. November 9, 2010 91 ZONING DISTRICTS AND OVERLAY ZONES 1 2 w. *Public assembly halls, auditoriums, and community centers. 3 4 Retail: 5 6 x. Department stores. 7 8 y. Beer, liquor, and wine sales, excluding drive-through facilities. 9 10 z. Antique stores and auction houses, selling only objects of value such as quality restored 11antiques, art objects, jewelry, and the like, but not used merchandise generally. 12 13 aa. Art and ceramic stores. 14 15 bb. Curio and gift shops, excluding sale of used merchandise. 16 17 cc. Music and camera shops. 18 19 dd. Furniture, home furnishings and accessories, appliances, and interior decorator shops. 20 21 ee. Hardware, marine hardware, drapery, carpet, tile, paint and wallpaper stores, but 22excluding lumber or building materials dealers, lawn and garden shops, glass, electrical, plumbing, 23heating supplies, and the like. 24 25 ff. Clothing and clothing accessories stores, excluding sale of used merchandise. 26 27 gg. Sundries, notions, and variety stores. 28 29 hh. Art, craft, hobby, and sewing supplies. 30 31 ii. Florist shops, including sale of house plants. 32 33 jj. Bicycle shops. 34 35 kk. Pet shops, excluding kennels or boarding of animals. 36 37 ll. Office supplies and equipment. 38 39 mm. Book stores, news dealers, and tobacco shops. 40 41 nn. Sporting goods, game and toy stores. 42 43 oo. Luggage stores. 44 45 pp. Jewelry and cosmetics stores. 46 47 qq. Optical goods and hearing aids stores. November 9, 2010 92 ZONING DISTRICTS AND OVERLAY ZONES 1 2 rr. Pharmacies and drugstores. 3 4 ss. Food and grocery stores, retail confectioneries and bakeries, ice cream parlors, and 5delicatessens, excluding drive-through facilities. 6 7 tt. *Outdoor display or sales of merchandise, subject to the conditions set forth in Section 86.C.6. of these zoning regulations. 9 10 uu. Sidewalk sales, subject to approval by the community redevelopment agency. 11 12 uua. New auto parts and accessories. 13 14 Services: 15 16 vv. Personal service establishments. 17 18 ww. Printing, engraving, fine art studios, photofinishing service, photographic studios and 19laboratories; film and recording studios. 20 21 xx. *Funeral homes, excluding crematoriums. 22 23 yy. Business machine service offices. 24 25 zz. Coin-operated laundromats, dry cleaning service, limited to handling goods that are 26brought to the premises by retail customers, tailors and dressmakers, alteration and repair of clothing or 27clothing accessories. 28 29 zza. Pet care (boarding and daycare). As the principal business, this business is subject to 30conditional use review and approval. As an accessory use to the following principal uses: veterinary 31office, pet store, or pet groomer, this use is not subject to conditional use review and approval unless as 32an accessory use, the accessory use exceeds twenty-five percent (25%) of the floor area of the principal 33use, or two thousand five hundred (2,500) square feet, whichever is less. No external kenneling is 34allowed as an accessory use. 35 36(Ord. No. 09-012, § 3, 2-3-09) 37 38 Transportation: 39 40 aaa. Public parking lots and garages. 41 42 bbb. *Bus terminals and taxi stands. 43 44 ccc. *Railroad passenger stations. 45 46 ddd. *Automobile rental, limited to rental of new cars. 47 November 9, 2010 93 ZONING DISTRICTS AND OVERLAY ZONES 1 eee. *Helistops. 2 3 fff. *Private parking lots and garages, where operated as a principal use. 4 5 1A. Any use listed under Section 6.E.1. which use handles, stores, displays, or generates 6hazardous materials, hazardous waste, or a toxic substance, as the same may be defined by 40 Code of 7Federal Regulations, Part 261, or the FloridaSubstance List as set forth in Rule 4A-62.004, Florida 8Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with 9Part II, Section 9-71 of this code. 10 11 2. Uses prohibited. Within the central business district, no building, structure, land, or water, 12or any portion thereof, shall be used for any of the following uses: 13 14 a. Any use not specifically allowed in accordance with Section 6.E.1. above. 15 16 b. Any use specifically prohibited in Section 6.E.1. above. 17 18 c. Adult entertainment establishments. 19 20 d. Massage parlors. 21 22 e. Laundry or dry cleaning plants; carpet or upholstery cleaning plant or service. 23 24 f. Outdoor storage of any type, other than rental cars in accordance with Section 6.E.1. 25 26 g. Sale of used merchandise, except for art objects, jewelry, coins, quality restored antiques, 27and the like, which shall be subject to the provisions of Section 6.E.1. 28 29 h. Pawnshops. 30 31i. Personal rehabilitation or clinics or offices, including counseling services for same, 32residential or nonresidential; any residential use which requires professional supervision, counseling, 33medical or nursing care on the premises, or access to same. 34 35 j. Reserved. 36 37 k. Wholesale establishments or distribution. 38 39 l. Storage as a principal use, or any off-premises storage. 40 41 m. Service, repair, sales or storage of vehicles. 42 43 n. Repair shops, other than repair of clothing and clothing accessories, except that service 44and repair services shall be allowed as an accessory use to retail sales, provided that the floor area 45devoted to repair services shall not exceed 25% of the gross floor area. 46 47 o. Temporary employment centers, operated on a walk-in basis. November 9, 2010 94 ZONING DISTRICTS AND OVERLAY ZONES 1 2 p.Rooming or boarding houses, adult congregate living facilities, nursing homes, or any 3other group housing. 4 5 q. Dry storage of boats; boat dealers; service, repair, installation, building, rebuilding, or 6customizing of boats, engines, or marine equipment. 7 8 r. Loading or unloading of railroad freight. 9 10 s. Commercial parking facilities. 11 12 (Ord. No. 99-07, § 1, 3-16-99) 13 14 3. Building and site regulations. No building, structure, land, or water shall be erected, altered, 15enlarged, or used unless in conformance with the following regulations: 16 17 Minimum lot frontage 75 feet 18 19 Minimum lot depth 100 feet 20 21 Minimum lot area 15,000 square feet 22 23 Minimum front yard None, at all floors. 24 25 Minimum rear yard 20 feet abutting adjacent properties at first floor level. 8 feet abutting 26street or alley at first floor level. None, at all other floors. 27 28 Minimum side yard None, for interior lot lines. 8 feet abutting street or alley at first floor 29level. None, at all other floors. 30 31 Minimum waterfront yard Regardless of the orientation of the lot or parcel, an 8-foot setback shall 32be maintained from a building or structure and any navigable water. Waterfront setbacks shall be 33measured from the property where the body of water is under different ownership than the subject 34property line, and measured from the mean high water line if the body of water is under the same 35ownership as the subject property. 36 37 Maximum lot coverage 75 per cent. 85 per cent for parking garages. 38 39 Maximum structure height 45 feet, not to exceed 4 stories. Multiple- family dwelling unit density 40maximum 10.8 dwelling units per acre. Application of residential density to a parcel shall not preclude 41or limit the development of the parcel for other uses which are lawful under the central business district 42regulations, provided such developments otherwise comply with these zoning regulations. 43 44 Living area minimum 45 per multiple-family dwelling 46 unit Canopies and awnings 750 square feet. 47 Canopies or awnings for pedestrian entrance November 9, 2010 95 ZONING DISTRICTS AND OVERLAY ZONES 1 ways, with at least 9 feet clear, may project to 2 the property line in any required yard. 3 4 Movable awnings over 5 right-of-way Movable awnings may extend not more than 8 6 feet over a sidewalk in an adjacent 7 right-of-way, provided such awning or any 8 part thereof shall maintain a clear height of 9 9 feet above the sidewalk. Such awnings 10 extending over rights-of-way shall be moved 11 or removed at the request of the city. 12 13 Permanent structural 14 projections from buildings Eaves, sills, belt course, cornices, pilasters, 15 and other architectural features; gutters, 16 chimneys, and mechanical equipment, may 17 project not more than 3 feet into any required 18 yard, provided that such structures are located 19 within the property lines and conform to 20 established central business district design 21 guidelines. 22 23 Regulatory guidelines Construction and development shall essentially conform to the 24Community Redevelopment Plan, Land Development Regulations and District Design Guidelines. 25 26 Utility lines, 27 mechanical equipment Utility lines shall be installed underground, and 28 any service equipment required above ground 29 shall be effectively screened. 30 31 4. Off-street parking and loading space. 32 33 a. Parking and loading space requirements. Parking and loading space requirements and 34standards shall be as set forth in Sections 11.H., 11.I., and 11.J., of these zoning regulations, as 35modified by the provisions below. 36 37 b. Parking space calculations: 38 39 (1) Parking space requirements shall be calculated in accordance with Section 11.H.16. 40of these zoning regulations, except that in the CBD, the number of required parking spaces shall be 41reduced by fifty (50) per cent. 42 43 (2) Shared parking: When two (2) or more adjacent properties combine their on-site 44parking and construct a shared parking facility with common access drives, the number of required 45parking spaces shall be reduced by an additional ten (10) per cent. 46 47 c. Location of parking spaces: November 9, 2010 96 ZONING DISTRICTS AND OVERLAY ZONES 1 2 (1) No surface parking shall be permitted in the front yard of any building along a major 3public pedestrian streetscape system as designated in the community redevelopment plan. 4 5 (2) Notwithstanding provisions of Section 11.I., in the CBD required parking spaces 6shall be owned or leased within one thousand (1,000) feet of the building to be served. The distance 7requirement shall be a straight line measurement from a point on the boundary line of the property, 8which is the subject of the application, to the closest boundary line of the property on which the leased 9parking is located. The property, which is the subject of the application, shall be posted with signage 10indicating to patrons the location of the leased parking. 11 12 (3) Lease arrangements to provide required parking spaces shall be subject to approval 13by the community redevelopment agency, after review and recommendation by the technical review 14board. 15 16 d. Special parking and loading space requirements. The community redevelopment agency 17or City Commission, consistent with the approval procedures set forth in Part III, Chapter 4, Land 18Development Regulations, shall modify requirements for parking and loading spaces, and: 19 20 (1) Require additional spaces if the requirements are found to be insufficient. 21 22 (2) Require fewer spaces if quantitative evidence is provided substantiating that the 23requirements are excessive. The community redevelopment agency of City Commission shall take into 24account existing parking facilities in the vicinity of the proposed development. 25 26 5. Landscaping. Landscaping shall be provided as set forth in Chapter 7.5 of the City of 27Boynton Beach Land Development Regulations. 28 29 6. Sign. Signs shall conform to the applicable provisions set forth in Chapter 21 of the City of 30Boynton Beach Land Development Regulations. 31 32 7. Nonconforming structures. 33 34 a. Purpose. It is the purpose and intent of this section to allow the limited expansion of a 35nonconforming structure which is used for a conforming use and which is located within the central 36business district (CBD). 37 38 b. Procedure. 39 40 (1) No nonconforming structure located in the central business district may be changed, 41enlarged, expanded, or restored without the property owner first submitting an application for approval 42of the proposed change to the city and receiving approval as hereinafter provided. 43 44 (2) Applications shall be submitted to the planning and zoning department on forms 45prescribed by the planning and zoning department. 46 November 9, 2010 97 ZONING DISTRICTS AND OVERLAY ZONES 1 (3) Applications shall be processed according to the procedures for a site plan review in 2the central business district and shall be reviewed by the community redevelopment advisory board and 3approved by the community redevelopment agency. 4 5 c. Review criteria. Prior to granting an approval for the expansion of a nonconforming 6structure, the following findings shall be made: 7 8 (1) That granting the application will not adversely affect the public interest. 9 10 (2) Expansion will not be detrimental to the health, safety, and general welfare of 11persons working or residing within the central business district. 12 13 (3) Approval will to the maximum extent possible bring the building and the site upon 14which it is located into compliance with city regulations and will improve the physical appearance of 15the structure. 16 17 (4) That the expansion will be in harmony with the general intent and purpose of the 18central business district. 19 20 d. Conditions. 21 22 (1) The community redevelopment advisory board shall recommend and the City 23Commission sitting as the community redevelopment agency may prescribe appropriate conditions and 24safeguards necessary and reasonable to ensure that the expansion of a nonconforming structure will be 25in harmony with the general intent and purpose of the central business district. 26 27 (2) In no event shall an application be granted which would permit the interior gross 28floor area of a nonconforming structure to be enlarged by more than twenty-five (25) percent in size. 29 30 e. Development standards. 31 32 (1) In the event an application for expansion of a nonconforming structure is granted, 33additional parking spaces shall only be required for the expanded area of the nonconforming structure. 34Chapter 23, Parking Lots, shall not apply to expansions of nonconforming structures approved pursuant 35to this section. 36 37 (2) All sites will be brought into compliance with the zoning and development 38regulations of the city to the maximum extent possible. The community redevelopment agency may 39grant relief from provisions of requirements of the zoning and development regulations of the city 40provided that they make specific findings of fact that the waiver will not be detrimental to the health, 41safety, and general welfare of persons working or residing within the central business district and that 42the waiver will result in additional business activity that is harmonious with the general intent and 43purpose of the central business district. 44 45 f. Compliance with other codes. Nothing in this section shall diminish the responsibility of 46an owner to maintain his use or structure in full compliance with all other city, county, state, or federal 47regulations, or licensing procedures. November 9, 2010 98 ZONING DISTRICTS AND OVERLAY ZONES 1 2 g. Payment in lieu of parking. 3 4 (1) When the community redevelopment agency finds that the property owner seeking an 5expansion cannot effectively, efficiently, or economically provide for parking required for the 6expansion, the community redevelopment agency may recommend to the City Commission a payment 7in lieu of parking. The payment shall be based on a formula as set forth in subsection 11.I.(4) of this 8Chapter. In approving or disapproving any payment in lieu of parking the City Commission shall use 9the same criteria used by the Community Redevelopment agency as stated herein above. 10 11 (2) The community redevelopment agency shall make the following findings prior to 12authorizing a payment in lieu of parking: 13 14 (a) The number of off-street parking spaces required to be provided for a 15development by the Land Development Regulations. 16 17 (b) The maximum number of spaces which can be provided by the development in a 18manner which effectively serves the development, is cost-efficient, and is consistent with the intent of 19the CBD zoning district. 20 21 (c) The number of parking spaces that the community redevelopment agency 22determines can reasonably be accommodated in municipal parking facilities, either existing or planned 23to be constructed within five (5) years after authorization of the payment in lieu of parking. 24 25 (d) The current capital cost of providing required parking spaces to serve the use 26contemplated by the payment in lieu of parking. 27 28 (3) Whenever a payment in lieu of parking is authorized and accepted, the following 29additional requirements shall apply: 30 31 (a) Any off-street parking arrangement satisfied in this manner shall run with the 32land, and any subsequent change of use which requires more parking shall require recalculation of the 33payment in lieu of parking fee. 34 35 (b) No refund of payment shall be made when there is a change to a use requiring less 36parking. 37 38 (c) The payment in lieu of parking shall be made to the city in one lump sum prior to 39issuance of a building permit. 40 41 (d) Funds derived from a payment in lieu of parking shall be deposited by the city 42into a parking trust fund, and unless the applicant consents otherwise, shall be used and expended 43exclusively for the purpose of planning, designing, or developing public parking facilities located 44within one thousand (1,000) feet of the development for which the payment in lieu of parking was 45made. The distance requirement referenced herein shall be a straight line measurement from a point on 46the boundary line of the property, which is the subject of the application to the closest boundary line of 47the property on which the public parking facility is located. November 9, 2010 99 ZONING DISTRICTS AND OVERLAY ZONES 1 2 8. Structures in excess of forty-five (45) feet in height. Notwithstanding the height limitations 3referenced in Section 4F of Chapter 2 of the Land Development Code of the City of Boynton Beach, 4Florida, all uses enumerated and permitted in the Central Business District, according to the Code of 5Ordinances which shall include but not be limited to hotels, motels, condominiums, apartments, offices, 6financial institutions, eating and drinking establishments, entertainment and recreational uses, retail use 7and transportation use or any structure containing a mixed use thereof, shall be permitted to be 8constructed in excess of forty-five (45) feet in height, but not to exceed 100 feet, provided such use is 9evaluated and approved as a conditional use. Mechanical equipment which exclusively serves the 10structure shall not be included in the calculations of height. 11 November 9, 2010 100 ZONING DISTRICTS AND OVERLAY ZONES F. PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICT 1 2 1. General. 3 4 a. Purpose and Intent 5. The purpose of the PCD zoning district is 6to implement the Office Commercial (OC), Local Retail Commercial 7(LRC), and General Commercial (GC) Future Land Use Map (FLUM) 8classifications of the Comprehensive Plan. The intent of this planned 9district is to provide a place for commercial developments that will 10better satisfy current demands for commercially zoned lands by 11encouraging development which will reflect changes in the concepts and 12the technology of land development and relate the development of land 13to the specific site, to conserve natural amenities and to allow for the 14mitigation of negative impacts which result from land development. In 15addition, this district is considered the predecessor to the Suburban 16Mixed Use (SMU) zoning district. With respect to residential uses, the 17PCD district allows a maximum density of 11 dwelling units per acre; 18however, all residential developments must adhere to the R-3 district 19building and site regulation in accordance with Section 2.F above. 20 b. Prerequisite Location Standards. 21 The PCD district is 22optimum when there is an opportunity to promote sustainability with 23respect to land use, energy conservation, resource management, and 24social equity. Rezoning to the PCD district is encouraged for proposed 25development or redevelopment on lands that are in close proximity to 26existing infrastructure, public and alternative transportation routes and 27modes, employment centers, community areas, or have sustained or are 28complicated by environmental contamination. 29 30In reaching recommendations and decision as to zoning land to PCD, 31the advisory board and City Commission shall apply the following 32location standards, in addition, to the standards applicable to the 33rezoning of land generally: 34 35(1) Along major roadways or other transportation facilities as 36to provide direct access without creating or generating an 37unacceptable level of traffic along streets in residential areas or 38districts outside it. 39 40(2) Extensions of publicly owned and maintained utilities 41and storm sewers, etc. shall be constructed by the applicant at no 42expense to the city and said utilities, etc. shall be deeded to the 43city clear of any encumbrances. Construction standards 44employed in the installation of publicly maintained utilities and 45storm sewers shall be those promulgated by the engineering and 46utility departments as amended periodically. Concerning streets, 47consistent with the intent of these regulations, any required November 9, 2010 101 ZONING DISTRICTS AND OVERLAY ZONES 1roadway improvements shall be constructed at the applicant's 2expense including the dedication of additional rights-of-way as 3noted in the traffic and circulation element of the comprehensive 4plan and the replacement of roadway capacity when applicable. 5 6(3) The site shall be suitable for development in the manner 7proposed without hazards to persons or property, on or off the 8tract, from probability of flooding, erosion, or other dangers, 9annoyances, or inconveniences. Condition of the soil, 10groundwater level, drainage, and topography shall all be 11appropriate to both kind and pattern of use intended. 12 2. Use(s) Allowed. 13 See “Use Matrix Table 3-28” in Chapter 3, Article 14IV, Section 3.D. 15 3. Building and Site Regulations (Table 3-19). 16 In addition to the 17design and construction criteria established in other chapters or sections of the 18Boynton Beach Land Development Regulations, the following design criteria 19shall be applicable to the zoning, design, and construction of planned 20commercial developments: 21 BUILDING / SITE REGULATIONS PCD District 1 3 acres Minimum lot area: Flexible Minimum lot frontage: Minimum perimeter yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 30 feet 30 feet Corner side: 2 Maximum lot coverage:40% 3 Maximum Floor Area Ratio (FAR) 0.5 4 Maximum structure height:45 feet 22 1 23Three (3) contiguous acres. 24 2 25The total ground floor area of all buildings and accessory 26structures shall not exceed 40% of the plot on which they are 27constructed. 28 3 29A Floor Area Ratio (FAR) of up to 0.50 may be considered for 30local retail commercial uses allowed in the PCD zoning district (see 31“Use Matrix” – Chapter 3, Article IV, Section 3.D), pursuant to the 32Local Retail Commercial Future Land Use classification of the 33Comprehensive Plan. 34 November 9, 2010 102 ZONING DISTRICTS AND OVERLAY ZONES 4 1No more than four (4) stories. 2 4. Review and Approval Process. 3 4 a. 5 All development and redevelopment within the PCD district shall 6be governed by a master plan with approval granted by the City 7Commission in accordance with Chapter 2, Article II, Section 2.D.6. 8 b. 9 Site plan approval shall be required in accordance with Chapter 102, Article II, Section 2.F prior to application for building permit. 11 5. Parking 12. Required off-street parking is regulated in accordance 13with Chapter 4, Article V Minimum Off-Street Parking Requirements. 14 6. Modifications. 15Any modification proposed within the PCD shall 16be in conformance with Master Plan modifications pursuant to Chapter 2, 17Article II, Section 3.I. 18 7. Miscellaneous. 19 20 a. Perimeter Landscape Buffer 21 See Chapter 4, Article II, 22Section 4.C.3. 23 b. Off-street Loading. 24 See Chapter 4, Article VI, Section 3.D. 25 c. Platting 26. All planned commercial developments are subject 27to and shall be developed consistent with the requirements of Chapter 2, 28Article III, Section 2 and Chapter 4 of the Boynton Beach Land 29Development Regulations. 30 d. Site plan 31. All plans for lots or parcels proposed to be 32developed within planned commercial developments are subject to and 33shall be developed consistent with the requirements of Chapter 2, Article 34II, Section 2.F, Land Development Regulations. 35 e. Building Permit 36. No building permits shall be issued unless 37and until platting procedures and the requirements outlined in Chapter 2, 38Article IV, Section 2 of the Land Development Regulations are 39completed in every respect. 40 41G.PLANNED COMMERCIAL DEVELOPMENT DISTRICT. 421.Intent and purpose. A planned commercial district (PCD) is established. The purpose of 43this district is to provide a zoning classification for commercial developments that will better satisfy 44current demands for commercially zoned lands by encouraging development which will reflect 45changes in the concepts and the technology of land development and relate the development of land November 9, 2010 103 ZONING DISTRICTS AND OVERLAY ZONES 1to the specific site, to conserve natural amenities and to allow for the mitigation of negative impacts 2which result from land development. 3Regulations for the PCD are intended to accomplish a more desirable environment for 4commercial development in relation to existing and/or future city development, permit economies 5in providing public services, and to promote the public health, safety, convenience, welfare and 6good government of the City of Boynton Beach. 72.Definition. A "planned commercial development": 8a.Is land under unified control, planned and developed as a whole in a single 9development operation or a programmed series of development operations for commercial buildings 10and related uses and facilities; 11b.Provides for a commercial district of efficient and harmonious design so arranged as 12to create an attractive project readily integrated with and having no adverse effect on adjoining or 13surrounding areas and developments; 14c.Is developed according to comprehensive and detailed plans for streets, utilities, lots, 15building sites, etc., and site plans, floor plans and elevations for all buildings intended to be located, 16constructed, used and related to one another, and detailed plans for other uses and improvements on 17the land related to the buildings; and 18d.Includes a program for full provision, maintenance, and operation of such areas, 19improvements, facilities and services for common use by the occupants of the planned commercial 20development. 213.Unified control. All lands included in a planned commercial development shall be under 22the control of the applicant or his assigns (an individual, partnership, or corporation or group of 23individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents 24to constitute evidence of the unified control of the entire area within the proposed PCD. The 25applicant shall agree to: 26a.Proceed with the proposed development according to the provisions of these zoning 27regulations and conditions attached to the zoning of the land to PCD; 28b.Provide agreements, contracts, deed restrictions, and sureties acceptable to the city 29for completion of the development according to the plans approved at the time of zoning to PCD 30and for continuing operation and maintenance of such areas, functions, and facilities as are not to be 31provided, operated, or maintained at public expense; and 32c.Bind their successors in title to any commitments made under subsections 3a and b 33above. All agreements and evidence of unified control shall be examined by the city attorney and 34no zoning of land to the PCD classification shall be adopted without a certification by the city 35attorney that such agreements and evidence of unified control meet the requirements of these zoning 36regulations. 374.Standards for planned commercial developments. In formulating recommendations and 38reaching decisions as to the zoning of land to the planned commercial development zoning 39classification, the planning and development board and City Commission shall apply the following November 9, 2010 104 ZONING DISTRICTS AND OVERLAY ZONES 1locational, utility and environmental standards consistent with the comprehensive plan in addition 2to the standards established in Section 9.C of these zoning regulations applicable to rezoning of 3land generally. 4a.Relation to major transportation facilities. A PCD shall be so located with respect to 5major roadways or other transportation facilities as to provide direct access to major transportation 6facilities without creating or generating an unacceptable level of traffic along streets in residential 7areas or districts outside it. 8b.Extensions of publicly owned and maintained utilities and storm sewers, etc. shall be 9constructed by the applicant at no expense to the city and said utilities, etc. shall be deeded to the 10city clear of any encumbrances. Construction standards employed in the installation of publicly 11maintained utilities and storm sewers shall be those promulgated by the engineering and utility 12departments as amended periodically. Concerning streets, consistent with the intent of these 13regulations, any required roadway improvements shall be constructed at the applicant’s expense 14including the dedication of additional rights-of-way as noted in the traffic and circulation element 15of the comprehensive plan and the replacement of roadway capacity when applicable. 16c.Physical character of the site. The site shall be suitable for development in the 17manner proposed without hazards to persons or property, on or off the tract, from probability of 18flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, 19groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use 20intended. 215.Uses permitted, conditional uses, uses requiring Fire Department Hazardous Material 22Disclosure in accordance with Part II, Section 9-71 of this code. 23a.All uses listed in Section 6.C.1 of these zoning regulations provided however, that 24uses listed as conditional will not be required to secure conditional use approval if shown on the 25master plan required as a part of this submission, and uses will not be subject to the minimum 26acreage requirements of Section 6.C.1. if the site meets the minimum acreage requirement for 27rezoning to PCD and all portions of any building dedicated to such use are separated from 28residentially zoned property by a distance of 200 feet. 29b.Uses ancillary to permitted uses; and 30c.Commercial uses not listed in Section 6.C.1, but approved by the planning and 31development board. 32d.Any use listed under 6E.1, which uses, handles, stores, displays, or generates 33hazardous materials, hazardous waste, or a toxic substance, as the same may be defined by 40 Code 34of Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule 4A-62.003, 35Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in 36accordance with Part II, Section 9-71 of this code. 376.Uses prohibited. 38a.All uses listed in Section 6.C.2 of these zoning regulations. November 9, 2010 105 ZONING DISTRICTS AND OVERLAY ZONES 17.Design criteria for planned commercial developments. In addition to the design and 2construction criteria established in other chapters or sections of the Boynton Beach Land 3Development Regulations, the following design criteria shall be applicable to the zoning, design 4and construction of planned commercial developments: 5a.Minimum land area. The minimum land area for a planned commercial development 6shall be three (3) contiguous acres. 7b.Off-street loading. Every hospital, institution, hotel or commercial building or similar 8use requiring the receipt or distribution by vehicle of materials or merchandise shall have one (1) 9off-street loading bay for each twenty-five thousand (25,000) square feet of gross floor area or 10fraction thereof. Off-street loading areas shall be designed in such a manner as to screen from view 11at ground level, parked vehicles, a materials handling facilities including compactors or dumpsters. 12For the purposes of this section, screening is defined as a solid stucco masonry wall painted on both 13sides. 14c.Lot coverage. The total ground floor area of all buildings and accessory structures 15shall not exceed forty (40) percent of the plot on which they are constructed. 16d.Open lot areas. All open portions of any lot shall have adequate grading and drainage 17and shall be continuously maintained in a dust-free condition by suitable landscaping with trees, 18shrubs or planted ground cover. The design of such landscaping and the measures taken to ensure 19its maintenance shall be subject to the approval of the community appearance board. 20e.Planned commercial development district setbacks: 21Front yard40 feet 22Side yard30 feet 23Rear yard40 feet 24f.Peripheral greenbelt. The project area shall be enclosed on all sides with the 25exception of accessways for traffic and freight by a landscaped greenbelt area with a minimum 26width of ten (10) feet except when such property abuts a residential district such greenbelt shall 27have a minimum width of twenty-five (25) feet. 288.Procedures for zoning land to planned commercial development. The procedure for 29zoning land to the planned commercial development classification shall be the same as for zoning 30lands generally; however, because of the differences between planned development districts and 31conventional district boundary regulation changes, the procedures and requirements which follow 32shall apply to all applications for zoning to PCD in addition to the general requirements. 33a.Applications; materials to be submitted. In addition to information required for 34application for zoning generally, the applicant shall submit the following materials or data: 35(1)Legal documents assuring unified control of the proposed PCD and the 36agreements required under subsection 3 above. 37(2)A master plan containing: November 9, 2010 106 ZONING DISTRICTS AND OVERLAY ZONES 1(a)The title of the project and the names of the professional project planner, 2engineer, surveyor and developer; 3(b)Scale, date, north arrow, and general location map; 4(c)Boundaries of the property involved, all existing streets, buildings, water 5courses, easements, section lines and other existing important physical features in and adjoining the 6project; 7(d)Site plan of locations of land uses including but not limited to commercial 8areas, greenbelts and proposed right-of-ways; 9(e)Master plan showing access and traffic flow; and 10(f)Tabulations of total gross acreage in the development and percentages thereof 11to be devoted to the various land uses. 12(3)Subdivision master plan requirements not listed above. 13(4)A market study indicating the market area and demand for the facilities proposed. 149.Planning and development board findings. After conducting a public hearing(s), the 15planning and development board shall recommend to the City Commission that the PCD zoning 16request be approved, approved with modifications or denied. In making its recommendation to the 17City Commission, the board shall make findings that the applicant has met the following 18requirements: 19a.The requirements of Section 9C of these regulations related to zoning generally; 20b.The requirements for unified control listed in Section 6F3 above; 21c.The standards listed in Section 6F4 above; 22d.The design criteria listed in Section 6F7 above; and 23e.Consistency with the adopted comprehensive plan for Boynton Beach. 2410.Conditions and stipulations. In recommending zoning of land to the PCD 25classification, the planning and development board may recommend and the City Commission may 26attach suitable conditions, safeguards, and stipulations, in accord with standards set out in these 27zoning regulations and in this section. The conditions, safeguards and stipulations so made at the 28time of zoning to PCD shall be binding upon the applicant or his successors in interest. Deviations 29from the approved master plan except in the manner herein set out or failure to comply with any 30requirement, condition, or safeguard, shall constitute a violation of these zoning regulations. It is 31intended that no conditions, safeguards or stipulations be required which are not within the 32standards set out in these zoning regulations and in this section and that conditions, safeguards, and 33stipulations be clearly related to the ends and objectives of these zoning regulations and this section. 3411.Time limit. The approval of the zoning to PCD by the City Commission shall be in 35effect for eighteen (18) months from the effective date of the approval of the ordinance to rezone. 36Failure to record a plat of record for the first phase of the development or for the total development November 9, 2010 107 ZONING DISTRICTS AND OVERLAY ZONES 1as the case may be within the aforementioned eighteen (18) months shall result in the approval of 2rezoning being subject to review by the City Commission. The City Commission shall direct staff 3to submit to the City Commission an application which will down zone the property to the original 4or appropriate zoning district. Following such direction by the City Commission, no new 5development permits affecting the property shall be issued by the city until a final determination is 6made by the City Commission following notice and public hearing. Upon written request by the 7applicant prior to the expiration of the PCD classification the City Commission may extend for one 8(1) additional year, the period for commencing platting procedures. In granting such extensions, 9the City Commission may impose additional conditions to insure completion of the platting 10process and conform the project to current development standards, and to protect the health, safety 11and welfare of adjacent developments. 1212.Platting, site development plans and building permits. 13a.Platting. All planned commercial developments are subject to and shall be developed 14consistent with the requirements of Chapters 5 and 6 of the Boynton Beach Land Development 15Regulations. 16b.Site development plans. All plans for lots or parcels proposed to be developed 17within planned commercial developments are subject to and shall be developed consistent with the 18requirements of Chapter 4, Site Plan Review, Land Development Regulations. 19c.Permits. No building permits shall be issued unless and until platting procedures and 20the requirements outlined in Chapter 5 of the Land Development Regulations are completed in 21every respect. 2213.Changes in plans. 23a.Modifications to approved plans which result in an increase of ten (10) per cent or 24more in measurable impacts such as traffic created, water used or sewage or storm water generated 25or some other comparable measure shall be processed as for a new application for zoning to PCD. 26b.Modifications to approved plans which result in an increase of less than ten (10) per 27cent in measurable impacts as determined by including any changes in traffic generated, water 28consumed or sewage to be collected will require review and recommendation by the planning and 29development board and final approval by the City Commission. The City Commission decision to 30approve, approve with modifications or deny, shall be predicated upon a finding of consistency with 31the comprehensive plan and a finding that any such increase will not result in a negative impact on 32infrastructure delivery systems or the surrounding area in general. It is the intent of this section that 33all additional impacts be mitigated. Modifications which result in an increase of less than ten (10) 34percent in measurable impacts shall not extend the expiration date of the eighteen month approval 35of a PCD classification. 36 November 9, 2010 108 ZONING DISTRICTS AND OVERLAY ZONES Section 4. SMU MIXED-USE SUBURBAN DISTRICT. 1 2 A. General. 3 4 1. Purpose and Intent. 5The purpose of the SMU zoning district is to 6implement the Mixed Use Suburban (MXS), Development of Regional Impact 7(DRI), and other subsequently established Future Land Use Map (FLUM) 8classification of the Comprehensive Plan. In order to guide the redevelopment 9and envisioned growth of the suburban area, the SMU zoning district requires a 10diversity of land uses, accommodating a mixture of residential, office, retail, 11recreational, and other miscellaneous uses. Ideally, the SMU district is intended 12to supplant the PCD district for new developments and projects to encourage the 13inclusion of residential uses and well-planned mixed-use projects designed in 14accordance with smart growth principles and best planning practices. Densities 15of such developments shall correspond with the respective FLUM classification, 16but in no case be greater than 20 dwelling units per acre. This mix of uses may 17be arranged either vertically or horizontally within low-to-mid-rise 18developments. The review of SMU applications will emphasize aesthetics and 19design quality, and physical compatibility with adjacent land uses. The specific 20objectives of the SMU district are as follows: 21 a. 22 Support and enhance development and redevelopment efforts in 23suburban areas outside of the downtown redevelopment area; 24 b. 25 Create major new mixed-use areas in planned locations with 26appropriate densities, heights, and mixture of uses; 27 c. 28 Create attractive pedestrian environments through appropriate 29separation from and design of vehicular circulation areas; 30 d. 31 Provide public plazas and gathering places that are both well- 32designed and integrated into the overall design of the development; 33 e. 34 Allow flexibility in architectural design and building bulk, while 35maximizing compatibility and harmony with adjoining development; 36 f. 37 Create higher quality environments for residents, businesses, 38employees, and visitors; and 39 g. 40 Encourage innovative design that achieves vertical and 41horizontal integration of uses. 42 2. Prerequisite Location Standards 43. The SMU district is optimum when 44there is an opportunity to promote sustainability with respect to land use, energy 45conservation, resource management, and social equity. Rezoning to the IPUD 46district is encouraged for proposed development or redevelopment on lands that 47are in close proximity to existing infrastructure, public and alternative November 9, 2010 109 ZONING DISTRICTS AND OVERLAY ZONES 1transportation routes and modes, employment centers, community areas, or have 2sustained or are complicated by environmental contamination. 3 4The SMU district shall only be applicable to lands located west of I-95 on 5assembled parcels along major arterials outside of the downtown redevelopment 6district. 7 B.Use(s) Allowed. 8See “Use Matrix Table 3-28” in Chapter 3, Article IV, 9Section 3.D. 10 C. Additional Use Regulations. 11 12 1. Mixed Uses 13. Buildings containing residential and non-residential uses 14are required within the SMU zoning district and shall be subject to the 15development standards indicated in Section 4.D below (Building / Site 16Regulations). With the exception of designated live / work units, no residential 17uses are allowed on the ground floor of mixed-use buildings fronting on arterial 18streets. The ground floor of mixed-use buildings shall be reserved for non- 19residential uses. 20 2. Design. 21 Mixed-use projects containing residential components 22shall include appropriate design, materials, and site layout in order to maximize 23compatibility with residential uses located on upper floors. 24 3.Live-Work Units. 25 The city contains special regulations regarding 26required parking and allowable signage for Live / Work units (see Chapter 4, 27Article V, Section 2 and Chapter 4, Article IV, Section 3.C.13, respectively). 28 D. Building and Site Regulations. 29 30 1. Building and Site Regulation (Table 3-20). 31 32 33 34 35 36 37 38See next page. November 9, 2010 110 ZONING DISTRICTS AND OVERLAY ZONES 1 2 SUBURBAN MIXED-USE (SMU) Types of Uses DISTRICT Residential Single- Other Uses (includes Building / Site Regulations Family (Attached or Multi-Family Mixed-Use) Detached) Density (dwelling units per acre)20 20 N/A 1 SMU district - 10 acres Project Area, Minimum: 14142 Lot Area per unit, Minimum (square feet):Flexible Flexible 10,000 14 Lot Frontage, Minimum (feet):Flexible 100 100 151515 Living Area, Minimum A/C (square feet):1,200 750750 8 Floor Area Ratio (FAR), Maximum: N/A N/A1.0 999 Structure Height, Minimum (feet): 353535 6, 106, 10 Structure Height, Maximum (feet):35 55 55 Building Setbacks Build-to-line (feet): 34, 5, 65, 6, 7 Front: 10 10 10 Building Setbacks, Minimum (feet): 66, 14 Side: 15 corner 10 end 10 0 14 Flexible 66, 14 Rear:15 Flexible 11, 1211, 1311, 13 Usable Open Space, Minimum (square feet):30%20% 20% 27 inimum project size. A minimum of ten (10) acres shall be required for any project developed under the provisions of the SMU regulations. 28 2.Hotels must be part of a mixed-use project of at least three (3) acres in size. 29 3.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 30 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 31 from side or rear. 32 4.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- 33 foot setback from any public sidewalk. 34 5.Front yard build-to line along major arterial roads, a maximum of 90 feet inclusive of a 25-foot landscape buffer. 35 6.The Height Setback Envelope in accordance with Section 4.D.3 below shall apply where adjacent to developed single family residential zoning 36 districts. 37 7.One or more projecting feature(s) such as awnings, balconies, colonnades, porches and/or stoops required forward of the build-to line and shall 38 maintain a minimum 5-foot clearance from any vehicle use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical 39 clearance and 5-foot horizontal pedestrian clearance. 40 8.Excluding residential uses and parking structures. 41 9.Applies to any façade with arterial roadway frontage. Multiple-story buildings are encouraged along arterial roadways. The intent of this provision is 42 to create the appearance, or simulate the intensity of, a minimum two (2)-story building. Conditional use approval required if less than the 35 foot 43 minimum. 44 10.Building heights between 55 feet and 75 feet to the peak of the structure or any architectural details may be allowed only for interior buildings (those 45 buildings separated from the property line by another project building or use), if approved as a conditional use. The building / structure height 46 measurement shall be conducted in accordance with Section 4.D.2 below. Exceptions to the maximum height shall not be allowed. 47 11.Usable open space shall provide active or passive recreational space and shall not be occupied by water bodies, streets, drives, parking areas, or 48 structures other than recreational structures. 49 12.At 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 50 rectangle inscribed within each common pooled area shall have no dimension less than 75 feet. 51 13.Up to 50% of the usable open space required for “Multi-family” and “Other Uses” may be hardscaped plazas and public gathering places. 52 14.To be determined on a case by case basis, depending on the overall project design. 53 15.Accessory apartments must be at least 750 square feet in area (air-conditioned space). 54 2. Building Height Measurement 55 Building heights shall be measured 56to the peak of structures, in order to more accurately predict and regulate the 57overall heights of buildings proposed within the SMU district to ensure 58compatibility with the adjacent, potentially less intense and dense suburban 59areas. 3. Height Setback Envelope 60 Minimum building setbacks shall be based 61on building heights. The height setback envelope is applicable where the SMU 62development is adjacent to a developed single family residential zoning district. 63 This minimum setback shall be three times the building height for any multi- 64family or nonresidential structure. The setback shall be measured from the November 9, 2010 111 ZONING DISTRICTS AND OVERLAY ZONES 1common boundary of the SMU and the single family residential zoning district 2or the midpoint of any intervening right-of-way. 3 4 E. Review and Approval Process. 5 6 1. 7 All development and redevelopment within the SMU district shall be 8governed by a master plan with approval granted by the City Commission in 9accordance with Chapter 2, Article II, Section 2.D.6. 10 2. 11 Site plan approval shall be required in accordance with Chapter 2, 12Article II, Section 2.F prior to application for building permit. 13 F. Parking. 14 Required off-street parking is regulated in accordance with 15Chapter 4, Article V Minimum Off-Street Parking Requirements. 16 1. Freestanding Parking Garages 17. As required by Chapter 4, Article 18III, Section 3.C.4.b. 19 2. Building Integrated Garages 20. As required by Chapter 4, Article 21III, Section 3.C.4.c. 22 3. Off-Street Parking Facilities. 23 The SMU district contains 24additional standards relative to location and appearance of off-street parking 25facilities. Refer to Chapter 4, Article III, Section 3.C.4 for these additional 26development standards. November 9, 2010 112 ZONING DISTRICTS AND OVERLAY ZONES 1 G. Modifications. 2Any modification proposed within the SMU district shall 3be in conformance Master Plan modifications pursuant to Chapter 2, Article II, Section 42.D.6. 5 H. Miscellaneous. 6 7 1. Common Areas 8. Prior to approval of the final plat by the City 9Commission, the developer shall file association documents or alternative 10agreements that assign responsibility for and ensure the perpetual operation and 11maintenance of all common facilities of the development. The common 12facilities addressed within this agreement shall included but not be limited to the 13following: private streets, drive aisles, parking areas, plazas, open space, 14landscaping, and recreation facilities. All documents are subject to the review 15of the City Attorney. 16 2. Landscaping 17. 18 a. Trees. 19 See Chapter 4, Article II, Section 4.A.3.a. 20 b. Irrigation. 21 See Chapter 4, Article II, Section 4.A.6. 22 c. Perimeter Buffer. 23 See Chapter 4, Article II, Section 4.C.3. 24 3. Dumpster Location 25. See Chapter 4, Article VI, Section 5.A. 26 4. Sidewalks 27. See Chapter 4, VIII, Section 3.D. 28 29H.SMU- SUBURBAN MIXED USE ZONING DISTRICT. 301.Intent and purpose. The suburban mixed use zoning district, which shall only be applicable to 31lands located west of I-95, allows for diversity of land uses and accommodates and encourages a mixture of 32residential, office, retail, recreational, and other miscellaneous uses, which may be arranged either 33vertically or horizontally on assembled parcels along major arterials outside of the downtown 34redevelopment district. All development and redevelopment shall be guided by an approved plan through 35the use of the SMU master plan, planned unit development, conditional use, or other site plan review 36processes. 37The objectives of the Suburban Mixed Use zoning district is as follows: 38a.Support and enhance development and redevelopment efforts in suburban areas outside of the 39downtown redevelopment area; 40b.Create major new mixed-use areas in planned locations with appropriate densities, heights, and 41mixture of uses; 42c.Create attractive pedestrian environments through appropriate separation from and design of 43vehicular circulation areas; November 9, 2010 113 ZONING DISTRICTS AND OVERLAY ZONES 1d.Provide public plazas and gathering places that are both well-designed and integrated into the 2overall design of the development; 3e.Allow flexibility in architectural design and building bulk, while maximizing compatibility and 4harmony with adjoining development; 5f.Create higher quality environments for residents, businesses, employees, and visitors; and 6g.Encourage innovative design that achieves vertical and horizontal integration of uses. 72.SMU- Suburban Mixed-Use Zoning District. 8a.In order to complement the redevelopment and envisioned growth of the suburban area, the 9SMU zoning district shall only be applied to lands west of I-95 classified as Development of Regional 10Impact (DRI) or other land use classifications subsequently established on the Future Land Use Map. 11b.The SMU district is appropriate for low-to-mid-rise developments that provide for medium 12density residential uses. The district allows a maximum height of fifty-five (55) feet and a residential 13density of twenty (20) dwelling units per acre for mixed-use projects. Building heights between fifty-five 14(55) feet and up to seventy-five (75) feet to the peak of the structure or any architectural details may be 15allowed only for interior buildings (those buildings separated from property line by another project 16building or use), if approved as a conditional use. The review of SMU applications will emphasize 17aesthetics and design quality, and physical compatibility with adjacent land uses. All new suburban mixed- 18use developments within this district shall front on a major arterial and contain a mixture of retail, 19commercial, office and residential uses. 203.Permitted uses. The following table identifies the permitted, restricted and prohibited uses within 21the Suburban Mixed Use Zoning District. Uses are classified as Permitted "P", Conditional "C", or Not 22Permitted "N". Uses permitted with restrictions are followed by a numeral that corresponds to a footnote 23below the table. Each footnote explains restrictions associated with the use. The Planning and Zoning 24Director or designee shall have the discretion to approve uses that are not specifically listed but are similar 25to uses that are expressly permitted. TABLE 6H-1 26 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES 27 USE GROUP/USE SMU ZONE Residential or Lodging Use Group Bed and Breakfast C Hotel C Home Occupation P Mobile Home N November 9, 2010 114 ZONING DISTRICTS AND OVERLAY ZONES Motel N Residential, Single Family Detached P Residential, Single Family Attached P Residential, Multi-Family P Temporary Sales Office P Temporary Model Residences P 8 Live/Work Units P Boarding and Rooming House (except where N provided by state law) Accessory Unit P Community Facilities Use Group 9 Communication Tower or Antenna C Government Office/Civic Center/Library P Recreation (outdoor) C Museum P 1 House of Worship P Police or Fire - Rescue Station P 2 Postal Center (retail sales only) P Post Office P Public Park P Public Parking Lot or Garage P November 9, 2010 115 ZONING DISTRICTS AND OVERLAY ZONES Office Use Group 2,5 Banks, Financial Institutions P 2 Medical or Dental Clinic P 2 Medical or Dental Office P 2 Physical Therapy Office P 2 Professional Business Office P 2 Real Estate Office P 2 Veterinary Office or Clinic P Sales and General Commercial Use Group 2 Alcoholic Beverage Package Store P Ammunition or Firearm Sale or Rental N 2 Animal Boarding or Kennel (indoor only) P 2 Animal Grooming P 2 Animal Sales/Pet Shops w/Veterinary Facilities P Antique Mall/Flea Market N` 2 Arts, Crafts, Hobby and Framing P Auction House N 2 Automotive Parts Sales w/out Service P Automobile Sales with Display N 2 Bakery, Retail P 2 Bicycle Shop P November 9, 2010 116 ZONING DISTRICTS AND OVERLAY ZONES Boat/Marine Sales/Rental N 2 Boat/Marine Accessories P 2 Bookstore P Building Supplies or Materials N Bus Terminal N 2 Camera and Audio Video Equipment P Contractor's Office/Equipment Storage N 2 Coffee Shop P 2 Convenience Store P 2 Custom Furnishings and Antique Stores P 2 Cyber-café P 2 Delicatessen P Department Store <80,000 s.f. P 7 Department Store >80,000 s.f. C 2 Dive Shop and Instruction as Accessory Use P 6, 2 Drug Store or Pharmacy P Gasoline Sales with/without Vehicle Service N 3 Grocery Store, Supermarket P 2 Fitness Center P 2 Florist P 2 Furniture Store P November 9, 2010 117 ZONING DISTRICTS AND OVERLAY ZONES 2 Hardware Store P 2 Health Food Store P 7 Home Improvement Centers C 2 Household Appliances and Parts P 2 Jewelry or Cosmetics Store P 2 Linen and Household Goods P 2 Luggage, Purses and Personal Gear P Lumber Yard N 7 Membership Club C 2 Music Store P 2 New Clothing, Shoes or Accessories P 2 Newsstand P 2 Office Supplies P Outdoor Storage or Display N Parking Lot for Commercial Vehicles N Parking Lot or Garage, Private Ownership P 2 Personal Watercraft Sales, Rental, Service, Parts or P Repair 2 Photographic Studio and Photographic Supplies P 5 Restaurant, w/Drive-Thru C Restaurant, Sit-Down P November 9, 2010 118 ZONING DISTRICTS AND OVERLAY ZONES 2 Specialty Foods and Confections P 2 Sporting Goods P 2 Television, Radio, Video and Stereo Equipment P 2 Tobacco Accessories P 2 Toy Store P Vehicle or Marine Customizing, Detailing, Service, N Parts or Repair 2 Video Rental P Wholesale/Warehouse/Distribution N Service Use Group 2 Barbershop/Beauty Salon/Day Spa P 2 Dance/Martial Arts Studio P 2 Dressmaker or Tailor P 2, 4 Drycleaner P 2 Fitness Club P Funeral Home N Hospital N Labor Pool Establishments N 2 Laundromat P Medical Outpatient Facility C Nursery, Preschool or Child Daycare P November 9, 2010 119 ZONING DISTRICTS AND OVERLAY ZONES Nursing or Convalescent Home N 10 Pet Care (boarding and daycare) P 2 Photocopy Center P Self-storage or Mini Warehouse C 2 Shoe Repair P Tattoo Parlor/Body Piercing N Soup Kitchens/Substance Abuse N Centers/Shelters/Half-Way Houses Entertainment Use Group Adult Entertainment N 2 Bar, Cocktail Lounge P Billiard Club/Bowling Alley/Indoor RecreationP Facility Bingo Hall N Fortune Teller N 2 Movie Theater P Night Club C Performing Arts Theater P 2 Private Clubs, Lodges and Fraternal Organizations C Accessory Use 5 Drive-Thru Facility (other than accessory use to C financial institutions, pharmacies and restaurants) November 9, 2010 120 ZONING DISTRICTS AND OVERLAY ZONES Restriction Notes: 1 Use shall be subject to the following distance separation requirements from similar uses, measured in a straignt 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.). 8Subject to compliance with supplemental regulations in Section 5(b). 9Stealth 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. 10. Pet care (boarding and daycare). As the principal business, this business is subject to conditional use review and approval. As an accessory use to the following principal uses: veterinary office, pet store, or pet groomer, this use is not subject to conditional use review and approval unless as an accessory use, the accessory use exceeds 25% of the floor area of the principal use, or 2,500 square feet, whichever is less. No external kenneling is allowed as an accessory use. 14.Building and site regulations. MINIMUM PARCEL SIZE SMU ZONE Residential or Lodging Use Group November 9, 2010 121 ZONING DISTRICTS AND OVERLAY ZONES 1 Hotel 3 acres 1 Or part of a mixed use project at least 3 acres in size Residential, Single Family Detached5,000 sq. ft. Residential, Single Family Detached w/Accessory Unit 7,500 sq. ft. Residential, Single Family Attached2,500 sq. ft. Residential, Multi-Family15,000 sq. ft. Community Facility Use Group Public Park no minimum All Other Uses10,000 sq, ft. MAXIMUM DENSITY/INTENSITY SMU ZONE Maximum F.A.R. (excluding parking structures) 1.0 Maximum Density 20 du/ac 1 MINIMUM USABLE OPEN SPACE SMU ZONE 2 Residential, Single Family Detached 40% 2 Residential, Single Family Attached 30% 3 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 November 9, 2010 122 ZONING DISTRICTS AND OVERLAY ZONES hardscaped plazas and public gathering places. MINIMUM LIVING AREA SMU ZONE Single Family Detached1,200 sq. ft. All Other Residential 750 sq. ft. Accessory Apartment750 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, Multiple-Family 100 ft. All Other Uses 100 ft. MAXIMUM HEIGHT SMU ZONE Residential or Lodging Use Group Residential, Single Family Detached 35 ft. Residential, Single Family Attached (Duplex) 35 ft. 1 Residential, Single Family Attached (Townhomes) 45 ft. 1, 2 Residential, Multi-Family 55 ft. 1, 2 All Other Uses 55 ft. 34 Minimum Height 35 ft. (25 ft.) 1 Where adjacent to developed single family residential zoning districts, height November 9, 2010 123 ZONING DISTRICTS AND OVERLAY ZONES 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 1 Residential, Single Family Detached build-to line 10 ft. 1 Residential, Single Family Attached build-to line 10 ft. 2, 4, 5 Residential, Multi-Family build-to line 10 ft. 3, 4, 5 All Other Uses including mixed use with a residential 10 ft. component build-to line 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. 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. November 9, 2010 124 ZONING DISTRICTS AND OVERLAY ZONES 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 7½ 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), 10 ft. End Residential, Single Family Attached (Townhomes), 15 ft. Corner 1 Residential, Multi-Family 10 ft. 1 All Other Uses 0 ft. REAR YARD SMU ZONE Residential, Single Family Detached 7.5 ft. Residential, Single Family Attached 7.5 ft. 1 Residential, Multi-Family 15 ft. 1 All Other Uses 0 ft. 1 Where adjacent to developed single family residential zoning districts. Height setback envelope shall apply. 3a.Building height measurement. Building height shall be measured from the lowest point at the 4common property line or from the minimum base flood elevation as established by FEMA, whichever is 5highest, to peak of the structure, including any architectural details, rooftop equipment, stairwells, elevator 6shafts, etc. November 9, 2010 125 ZONING DISTRICTS AND OVERLAY ZONES 1b.Height setback envelope: Minimum building setbacks based on building heights. The height 2setback envelope is applicable where the SMU development is adjacent to a developed single family 3residential zoning district. This minimum setback shall be three times the building height for any multi- 4family or nonresidential structure. The setback shall be measured from the common boundary of the SMU 5and the single family residential zoning district or the midpoint of any intervening right-of-way. 65.Mixed Uses. 7a.Buildings containing residential and nonresidential uses are encouraged within the SMU zoning 8district and subject to the same development standards as "all other uses". Residential uses within mixed- 9use structures, with the exception of designated live/work units, are encouraged not to be located on the 10ground floor, which shall be reserved for nonresidential uses. 11b.Nonresidential uses within mixed residential/ nonresidential structures shall be evaluated for 12their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based 13upon use-type, construction materials, floor plan and site layout, and other reasonable factors as determined 14appropriate given the type of use. 15c.Live/Work Units. This subsection provides for the use of residential structures to accommodate 16live/work opportunities. Live/work units shall be specifically designated on the site plan, and comply with 17the following standards and requirements. These provisions are not applicable to dwellings or occupations 18that meet the definition of home occupation in Section 11.D of this chapter. 19(1)Unit requirements. 20(a)No more than 30% or four hundred (400) square feet, whichever is greater, ofthe 21live/work unit shall be utilized for working space. Working space shall be located on the ground level and 22shall not utilize garage or living spaces. 23(b)Each live/work unit shall be a separate unit from other uses in the building. The ground 24floor of all live/work units shall meet the Florida Building Code requirements for mixed occupancy 25buildings. Each unit, including the garage, shall be separated by walls from other live/work units or other 26uses in the building. 27(c)Buildings designated as live/work shall provide universal accessibility to the front and to 28the interior space of the nonresidential area of the live/work unit from the public sidewalk adjacent to the 29street. 30(d)To minimize impacts to the greater neighborhood, units planned for live/work uses shall 31be located at the perimeter of the residential project or along the project's principal roadway, and/or where 32possible, adjacent to perimeter/external rights-of-way. 33(2)Permitted Uses. Nonresidential uses that are permitted in live/work units are generally 34limited to professional service, business service, or tutoring services. A listing of common uses 35permissible in live/work units, subject to issuance of business tax receipt are located in subsection 16 36below. No work activity shall be permitted that by virtue of intensity or number of employees has the 37potential to create impacts by reason of traffic, parking issues, hazardous materials, or excess waste. 38(3)Occupancy and Employees. No more than two (2) on-site employees, in addition to the 39resident(s) of the live/work unit, may undertake business activities from said unit. At least one resident of November 9, 2010 126 ZONING DISTRICTS AND OVERLAY ZONES 1an individual live/work unit shall maintain a current business tax receipt for a business located in that unit. 2Acknowledgment, in the form of an affidavit, of the employee limitation shall be made by the unit resident, 3at the time of application for a business tax receipt. The work area shall not be rented separately from the 4living space. 5(4)Parking. The city encourages that one parking space per two (2) live/work units be 6provided to meet business activity needs. Parkingprovided to meet this requirement shall be located on the 7lot, built into or under the structure, or within three hundred (300) feet of the unit in which the use is 8located. Parking provided to accommodate said space, including driveways of adequate depth in front of 9the unit's garage, shall not serve as meeting required parking for the unit's residential use. 10(5)Signage. One wall plaque shall be permitted per live/work unit, not to exceed two (2) 11square feet in sign copy area, in accordance with the applicable sign program. 12(6)Site Plan Requirement. All respective plan pages shall identify all proposed live/work units 13and buildings. Live/work units shall be tallied in the site plan tabular data. 146.Landscaping. The landscaping requirements for the SMU District are supplementary to those 15requirements set forth in Chapter 21 of the Boynton Beach Land Development Code. 16a.SMU District. 17(1)Trees. 18(a)All new construction in the SMU District shall provide shade trees in the streetscape. 19(b)The trees selected shall be consistent with the established theme of the street, where 20appropriate. The City Forester will provide consultation on appropriate species. 21(c)Trunks shall be a minimum four (4)-inch caliper measure at DBH. In addition, there shall 22be no branches below four (4) feet for visibility. 23(d)In instances where canopies of overhangs make it infeasible to plant trees, alternative 24means of providing landscaping for the sidewalk shall be utilized. 25(e)Small flowering trees shall be planted under overhead utility lines. 26(f)Upon inspection by the City Forester, any trees found to be in declining condition shall 27be replaced within thirty (30) days. 28(2)Tree spacing. 29(a)Trees along all street rights-of-way are required and shall be regularly spaced. The 30spacing of the trees shall be a minimum of thirty (30) feet on center for trees meeting only the minimum 31caliper requirement. The City Forester shall approve any increase in spacing for trees exceeding the 32minimum caliper. 33(b)Spacing may be modified to allow for the creation of vistas, where appropriate, or by 34factors such as the placement of utilities, by property access points, sight lines at corners or by corner 35conditions. 36(c)Tree placement shall match the existing pattern, where appropriate. November 9, 2010 127 ZONING DISTRICTS AND OVERLAY ZONES 1(3)Tree irrigation. 2(a)Low volume design irrigation systems shall be installed to service all trees with bubblers 3and other landscape materials with sub-irrigation design. 4(b)Irrigation systems shall be in operable condition at all times. 5(4)Sidewalks. 6(a)Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central 7pedestrianways of mixed-use development areas only. 8(5)Flower containers. 9(a)To add color and soften internal sidewalk paving with plants, flower containers 10containing blooming annuals or perennials are encouraged to be planted and maintained along facades of 11all central mixed-use areas in the SMU District. 12(6)Perimeter buffer. 13(a)A minimum perimeter buffer twenty-five (25) feet in width shall be provided 14surrounding the project. All buffers abutting the right-of-way of arterial, roadways shall include a 15landscaped berm. 167.Parking requirements. Parking requirements for the SMU zoning district shall be set forth by 17Chapter 2, Section 11H, of the Boynton Beach Land Development Code. 18a.Parking for mixed-use developments may utilize shared parking ratios, consistent with those 19prepared by ULI - the Urban Land Institute. Supporting documentation from this standard book shall be 20presented with a shared parking analysis at the time of technical site plan approval. 21b.Freestanding parking garages as part of a multi-family residential or mixed-use development are 22permitted within the SMU Zone. Within the SMU Zone, freestanding parking garages shall not have direct 23frontage on major roadways unless a portion of the garage abutting said streets contains storefronts, 24restaurants or other permitted nonresidential uses, or residential uses on the first floor. The intent is to 25attempt, where possible, to border or wrap the garage in storefronts and other permitted habitable floor area 26so as to disguise the garage and create continuity in street-level activity by maintaining interest for 27pedestrians and passing automobile traffic. Principal structures that include parking garages shall be 28designed to blend the architecture of the garage with the remainder of the structure or adjacent buildings. 29Portions of freestanding parking garages that are not screened with habitable space and are in view from 30the general public shall utilize design measures such as shutters, planter boxes, tall landscaping, etc. to 31soften their impact. 32c.Parking garages that are incorporated into the same structure as a principal building, including 33structures providing parking on lower floors and habitable space on upper floors, are permitted within the 34SMU Zone. Understory parking is permitted throughout the SMU Zone for multiple-floor buildings. Such 35parking areas shall be screened from view by landscaping, buildings, and/or architecturally articulated 36facade designed to screen the parking area. 37d.In order to increase the efficiency of parking provision and vehicle circulation, parking facilities 38shall be interconnected whenever possible. November 9, 2010 128 ZONING DISTRICTS AND OVERLAY ZONES 18.Dumpster location. Dumpsters shall be adequately screened from view in accordance with the 2provisions of the Land Development Regulations, or compatible with the surrounding environment if 3located out of view from the general public. 49.Signage. Chapter 21, Signs, shall govern signage along the major arterials, except as otherwise 5approved within a master signage program for the SMU development project. 610.Minimum project size. A minimum of ten (10) acres shall be required for any project developed 7under the provisions of the SMU regulations. 811.Master plans for phased projects. The procedures for zoning of land to SMU district shall be the 9same as for planned zoning districts. To promote and encourage development in this form where uses may 10be integrated horizontally and vertically within structures as coordinated units, a SMU master plan, 11including multi-year phases, shall be submitted and reviewed for approval at the time of rezoning to SMU. 12a.In addition to the information required for application for zoning generally, the applicant shall 13submit a SMU master plan containing the following materials or data: 14(1)The title of the project and the names of the professional project planner and the developer; 15(2)Scale, date, north arrow and general location map; 16(3)A current survey, sealed, that includes the boundaries of the property involved, all existing 17streets, buildings, water courses, easements, section lines and other existing important physical features in 18and adjoining the project; 19(4)Master plan locations of the different uses proposed, including open space or common 20areas, recreational facilities, residential areas, commercial uses, office uses, other permitted uses, and areas 21to be developed with integrated mixed-use structures; 22(5)Master plan generally showing access and traffic flow to each parcel; 23(6)Tabulations of total gross acreage in the development and the percentages thereof proposed 24to be devoted to the several land use types, 1 25(7)Tabulations demonstrating the proposed numbers of dwelling units, square footage of 26commercial, office and other uses, and, 27(8)Architectural design standards showing the following: design themes to be followed, 28building colors and color pallet options, maximum building heights, and color elevation renderings 29depicting representative design concepts. 1 30 Subject to changes in use category at time of technical site plan approval. 31b. Procedures. On application of master plan approval for a SMU project, the Planning and 32Development Board and City Commission shall proceed in general as for other applications for planned 33zoning districts. 3412.Master plan modification. Following approval of a master plan for a SMU, subsequent 35modifications may be processed by the TRC portion of the site plan review process as long as the proposed 36changes do not increase or decrease the total square footage for office or retail uses, or dwelling units by November 9, 2010 129 ZONING DISTRICTS AND OVERLAY ZONES 1more than thirty percent (30%), do not require a Notice of Proposed Change to a Development of Regional 2Impact as defined in Florida Law, or lower the overall standard of the master plan as defined by public 3plazas and open space, architectural design characteristics, building placement and massing, or location of 4land uses. 5Non-substantial modifications will not extend time limitations for development of property as stipulated 6in Land Development Regulations, Chapter 2, Section 9, paragraph C 13. 713.Site plans. Site plans for development of land zoned SMU shall be processed in accordance with 8procedures established in the City's Land Development Regulations. The site plan application data shall be 9in substantial compliance with the Master Plan submitted as a part of the application for zoning to SMU. In 10addition to the requirements of the Land Development Regulations determined to be applicable, the 11following information shall be provided: 12a.Building locations and architectural elevations of all structures proposed except for single- 13family detached homes which are a part of the project shall be depicted on the site plan or and the 14supplementary materials required. 15b.Landscape plan depicting existing and proposed vegetation and locations thereof on the site, 16consistent with the requirements of Chapter 4 of the City's Land Development Regulations. 17c.Fence, wall and planting screen locations, heights and materials. 18d.Tabulations analyzing the number of total gross acres in the project and the percentages thereof 19proposed to be devoted to the dwelling types, nonresidential uses, other accessory structures, off-street 20parking and off-street loading, streets, recreation areas, parks, schools and other reservations. Tabulations 21oftotal number of dwelling units in the project by types and the overall project density in dwelling units. 22Tabulations of floor area of nonresidential uses and the overall project intensity. Floor area as computed 23from FAR shall include the floor area of all permitted principal or accessory uses except areas for parking, 24storage, elevator hoist equipment or machinery, heating or air conditioning equipment, stairwells and 25towers, and the like; and requirements deriving from floor areas shall include such floor area. 26e.Common areas. Once a master plan and boundary plat approval has been obtained the applicant 27shall proceed in accordance with the requirements of the subdivision regulations, determined to be 28applicable. In addition to the plat certificates specified in the city subdivision regulations and prior to 29recording a final plat, the developer shall file, a legally constituted maintenance association agreement for 30improving, perpetually operating, and maintaining the common facilities; including streets, drives, parking 31areas, plazas and open space and recreation facilities; or he shall file such documents as are necessary to 32show how the said common areas are to be improved, operated or maintained. Such documents shall be 33subject to the reasonable approval of the City Attorney. 3414. Once a master plan has been approved in a SMU district, the designated parcels may be platted as a 35boundary plat for the purpose of a sale to a third-party purchaser. Each parcel that is platted will be subject 36to technical site plan approval as provided in the City's Code. This boundary plat may be processed 37simultaneously with the SMU master plan or a SMU master plan modification. 3815.Live/Work Unit Permissible Uses. The following list identifies the permitted uses within 39designated live/work units, subject to business tax receipt requirements: 40BUSINESS SERVICE November 9, 2010 130 ZONING DISTRICTS AND OVERLAY ZONES 1Addressing service/mailing list compiler 2Arbitrator, mediator services 3Cleaning services, maid, housekeeping, janitorial 4Commercial artist/design studio 5Commercial photography 6Computer programming service 7Computer software development 8Data processing 9Direct mail advertising services 10Editing, proofreading, typing service 11Paralegal 12Party supplies, rental/leasing (office only, no storage on site) 13Private investigator 14Recording service 15Secretarial service 16Boat broker (office only) 17PERSONAL SERVICE 18Alteration, dressmaking shop, tailor 19PROFESSIONAL SERVICE 20Abstract and/or title company 21Accountant/income tax services 22Adjusters, insurance 23Advertising office 24Appraiser 25Architect 26Attorney 27Auctioneer (office only) 28Author November 9, 2010 131 ZONING DISTRICTS AND OVERLAY ZONES 1Broker 2Business analyst 3Calculating and statistical service 4Court reporting/stenographers 5Credit reporting 6Engineer's office 7Importer/exporter (office only) 8Insurance agency/bond office 9Interior decorating 10Loan company office 11Market research office 12Model agency 13Notary public office 14Public relations office 15Real estate sales/management office 16Travel agency 17OTHER USES 18Tutoring or instruction (academics, music, art) 19Art studio with ancillary sales 20(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. 2195-45, § 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, 226-17-97; 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; 23Ord. 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. 24No. 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- 2518-02; 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. 2604-011, § 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- 2717-04; 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. 28No. 05-043, § 2, 8-16-05; Ord. No. 0-088, § 2, 12-5-06; Ord. No. 06-096, § 2, 1-2-07; Ord. No. 09-012, §§ 294, 5, 6, 2-3-09; Ord. No. 09-027, § 2, 8-4-09) November 9, 2010 132 ZONING DISTRICTS AND OVERLAY ZONES Section 5. Mixed-Use (Urban) Districts. 1 2 A. General. 3 4 1. Purpose and Intent 5. The Mixed-Use (urban) zoning districts are 6intended to implement the Community Redevelopment Plans, in part, by 7providing for a mixture of land uses, accommodating varying densities and 8intensities appropriate for each planning area, and by establishing quality 9streetscapes and pedestrian environments. To ensure compliance with these 10regulations, an application for site plan approval shall be required and reviewed 11concurrently with any request to rezone lands to a Mixed-Use (urban) district. 12The objectives of the Mixed-Use (urban) districts are as follows: 13 a. 14 Support and enhance revitalization efforts in the city's traditional 15commercial core area; 16 b. 17 Allow for commercial services to be provided to new residential 18developments in planned locations with appropriate densities, heights, 19and mixtures of uses; 20 c. 21 Create optimal pedestrian environments through appropriate 22separation from, and design of vehicular circulation areas; 23 d. 24 Allow flexibility in architectural design and building bulk; while 25maximizing compatibility and harmony with adjoining development 26within the development area; 27 e. 28 Create surrounding areas that complement rather than compete 29with the downtown; 30 f. 31 Create higher quality environments for residents, businesses, 32employees, and visitors. 33 2. Description of Districts. 34 35 a. Mixed Use-Low Intensity 1 (MU-L1). 36The MU-L1 district 37implements the Mixed Use (MX) Future Land Use Map (FLUM) 38classification of the Comprehensive Plan and has a maximum residential 39density of 20 dwelling units per acre. A lesser density may be imposed 40on the MU-L1 district pursuant to the “Locational Requirements for 41Maximum Height, Density, and Floor Area Ratio” table in Section 5.C 42below - (Building and Site Regulations). 43 b. Mixed Use-Low Intensity 2 (MU-L2). 44 The MU-L2 district 45implements the Mixed Use (MX) Future Land Use Map (FLUM) 46classification of the Comprehensive Plan and has a maximum residential 47density of 40 dwelling units per acre. A lesser density may be imposed November 9, 2010 133 ZONING DISTRICTS AND OVERLAY ZONES 1on the MU-L2 district pursuant to the “Locational Requirements for 2Maximum Height, Density, and Floor Area Ratio” table in Section 5.C 3below - (Building and Site Regulations). 4 c.Mixed Use-Low Intensity 3 (MU-L3). 5 The MU-L3 district 6implements the Mixed Use (MX) Future Land Use Map (FLUM) 7classification of the Comprehensive Plan and has a maximum residential 8density of 40 dwelling units per acre. A lesser density may be imposed 9on the MU-L3 district pursuant to the “Locational Requirements for 10Maximum Height, Density, and Floor Area Ratio” table in Section 5.C 11below - (Building and Site Regulations). 12 d.Mixed Use-High Intensity (MU-H). 13The MU-H district 14implements the Mixed Use-Core (MX-C) Future Land Use Map 15(FLUM) classification of the Comprehensive Plan and has a maximum 16residential density of 80 dwelling unit per acre. A lesser density may be 17imposed on the MU-L1 district pursuant to the “Locational 18Requirements for Maximum Height, Density, and Floor Area Ratio” 19table in Chapter 3, Section 5.C below - (Building and Site Regulations) 20The intent of this district is to supplant the Central Business District 21(CBD) in the historic downtown and marina district. 22 3. PrerequisiteLocation Standards. 23 24 a. General. 25The Mixed Use (urban) districts are optimum 26when there are opportunities to promote sustainability with respect to 27land use, energy conservation, resource management, and social equity. 28Rezoning to any of these districts is encouraged for proposed 29development or redevelopment on lands that are in close proximity to 30existing infrastructure, public and alternative transportation routes and 31modes, employment centers, community areas, or have sustained or are 32complicated by environmental contamination. 33 34The mixed use (urban) zoning districts shall be applied to selected 35geographic areas, east of I-95, identified on the city's Future Land Use 36Map, where a mixture of uses and building densities is intended to carry 37out elements of the city's redevelopment plans, including goals in 38employment, population, transportation, housing, public facilities, and 39environmental quality. Regulations for the planning areas are 40implemented through four (4) zoning districts: Mixed Use-Low 41Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), Mixed Use- 42Low Intensity 3 (MU-L3), and Mixed Use-High Intensity (MU-H). 43Permitted uses and associated standards for development vary between 44the zoning districts each reflecting the importance of the district's 45location and its relationship to the downtown. Heights, densities, and 46intensities of development are regulated according to the classification November 9, 2010 134 ZONING DISTRICTS AND OVERLAY ZONES 1of the roadway along the frontage of the property and proximity to 2existing single-family zoning districts. 3 b. All Mixed Use-Low Intensity Districts. 4 Mixed Use-Low 5Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), and Mixed 6Use-Low Intensity 3 (MU-L3). 7 8(1) In order to complement the revitalization efforts in the 9city's commercial core, the MU-L Zoning Districts shall only be 10applied to lands peripheral to the downtown area and classified 11as Mixed Use (MX) on the Future Land Use Map. 12 13(2) The MU-L Districts are appropriate for low- to mid-rise 14developments that provide for medium density residential uses. 15 16(3) The review of these applications will emphasize 17aesthetics and design quality, and physical compatibility with 18adjacent land uses. 19 20(4) All new developments within this district that contain a 21mix of uses shall front on streets designated as "arterial", 22"collector", or "local collector" roadways" on the Functional 23Classification of Roadways Map and shall contain a mixture of 24retail commercial, office and/or residential uses, which may be 25arranged either vertically or horizontally. 26 27(5) Height restrictions and densities may be further limited in 28certain geographic areas to further applicable redevelopment 29plans and maintains compatibility with an abutting single-family 30district. 31 c. Mixed Use-High Intensity (MU-H). 32 33 34(1) The Mixed-Use High Intensity (MU-H) district shall only 35be applied to lands classified as Mixed Use-Core (MX-C) on the 36Future Land Use Map. 37 38(2) The MU-H district is appropriate for developments that 39provide for high density residential in addition to retail 40commercial and office uses. 41 42(3) All new developments within this district shall front on 43streets designated as "arterial" or "collector" roadways on the 44Functional Classification of Roadways Map and shall contain a 45mixture of retail, office and / or residential uses arranged either 46vertically or horizontally. Single-use projects fronting on streets November 9, 2010 135 ZONING DISTRICTS AND OVERLAY ZONES 1other than “arterial” or “collector” shall require conditional use 2approval. 3 d.Rezoning of Single-Family Districts 4. All requests to 5rezone any single-family residential district to a mixed use zoning 6district shall be subject to the following additional requirements: 7 8(1)Height, density and intensity of development based on 9the roadway frontage; 10 11(2) Ratio of lot frontage to depth that is no more than one (1) 12foot (frontage) to 1.25 foot (depth); 13 14(3)Vehicular access to the property located to minimize 15impacts on adjacent single-family developments and meet safety 16standards; and 17 18(4)Landscape barriers provided, in accordance with the 19landscape regulations of this code, where the rezoned property 20abuts single-family residential zoning. 21 B. Use(s) Allowed. 22 See “Use Matrix, Table 3-28” in Chapter 3, Article IV, 23Section 3.D. In addition, the following use regulations shall apply with respect to 24mixed-use developments: 25 1. Required Frontage. 26Buildings combining both residential and 27nonresidential uses are required within the MU-H Zoning District on all 28properties fronting on arterial roadways. The same shall be permitted and 29encouraged within the Mixed Use-Low districts. 30 2. Residential Uses. 31Residential uses within mixed-use structures shall 32not be located on the ground floor, which shall be reserved for nonresidential 33uses. 34 3.Compatibility. 35 Mixed-use projects containing residential 36components shall include appropriate design, materials, and site layout in order 37to maximize compatibility with residential uses located on upper floors. See 38Chapter 4, Article III, Section 3.H for additional community design standards 39regarding compatibility. C. Building and Site Regulations. 40 41 1. Building and Site Regulation (Table 3-21). 42 November 9, 2010 136 ZONING DISTRICTS AND OVERLAY ZONES 1 MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-H Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 12 Lot Frontage, Minimum (feet): 100 100 150 200 Structure Height, Minimum 30 30 30 30 (feet): Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR): Classification of project frontage on type of roadway: 53355, 6 HT DU FAR HT DU FAR HT DU FAR HT DU FAR 65 / 75 /3.0/ 150/ Arterial: 45 20 1.030/40 2.0/2.54080 4.0 333 1001003.5125 Collector: 45 20 1.0 65 30/40 2.0/2.5 75 40 3.0/3.5 125 80 4.0 Local collector: 45 20 1.0 45 30/40 2.0/2.5 55 40 3.0 55 60 3.5 4 Local: 45 20 1.0 45 30/40 2.0/2.5 45 20 1.0 45 20 1.0 Building Setbacks Build-to-line 11 (feet): 10101010 Front abutting a public right-of-way0 to 100 to 100 to 100 to 15 Building Setbacks, Minimum (feet): 13 Rear abutting: 78777 Residential single family: 25/ 0 25 25 25 99 Intracoastal waterway: 25 25 0 0 12121212 All other uses: 10 10 10 10 13 Side abutting: 77, 8777 Residential single family: 25/ 0 25 25 25 12121212 All other uses: 10 10 10 10 Usable Open Space, Minimum 14 2% (square feet): 2 3 1.May be reduced if frontage extends from right-of-way to right-of-way. 4 2.Minimum of 50 feet, if frontage is on a collector/local collector roadway. 5 3.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 6 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 7 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. Must also have principal 8 frontage on Arterial roadway. 9 4.Must also have frontage on local collector or higher roadway classification. 10 5.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 11 zoning district where necessary to achieve the compatibility requirements of these regulations. 12 6.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 . 13 7.Plus one additional foot for each foot of height over 35 feet. 14 8.Where there is an intervening right-of-way of at least 40 feet. 15 9.Subject to permitting agency approval. 16 10.Sidewalk of at least 10 feet required. Setback may be greater if public plaza/gathering space is provided. 17 11.Listed eligible Historic structures are not required to meet these standards. 18 12.Reduction in setback may be allowed if void of negative impacts on adjacent use or on development potential of adjacent property. 19 13.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.2 below. 20 14.Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall be devoted to usable open space, 21 consisting of plazas or public open space, excluding private recreation. See Chapter 4, Article III, Section 3.B. for additional regulations. 22 2. Sky Exposure Plane. 23 24 25 (1) No building shall exceed the maximum height limits or the Sky Exposure Plan 26 except as delineated below in Section (3). 27 28 (2) All buildings abutting a public right-of-way or peripheral to the development 29 shall be built within the Sky Exposure Plane based on the ratio and street classification 30 as follows; November 9, 2010 137 ZONING DISTRICTS AND OVERLAY ZONES 1 2 3 4 (3) The following shall be deemed as allowable exceptions to the maximum 5 height limits and Sky Exposure Plane requirements: 6 7 Zoning District Maximun height of Arterial or Collector Other Streets or ( 8 frontage wallStreetperipheral a 9 ) Vertical HorizontalVerticalHorizontal 10 DistanceDistanceDistanceDistance 11 B MU-H 40’5.7 to 111.4 to 1 12 a MU-L3 40’4 to 18 to 1 13 l 14 MUL-2 40’3 to 16 to 1 c 15 o MU-L1 351 to 12 to 1 16 n 17 (a) Balconies, unenclosed; 18 19 (b) Elevator or stair bulkheads, screened HVAC equipment; 20 21 (c) Ornamental towers having no floor area in any portion above the 22 maximum height limit or Sky Exposure Plane; 23 24 (d) Parapet wall, not more than five (5) feet in height. 25 D. Review and Approval Process. 26 27 1. 28 All development and redevelopment within the Urban Mixed Use 29districts shall be governed by a master plan with approval granted by the City 30Commission in accordance with Chapter 2, Article II, Section 2.D.6. 31 2. 32 Site plan approval shall be required in accordance with Chapter 2, 33Article II, Section 2.F prior to application for building permit. 34 35 36 37 E. Parking 38. November 9, 2010 138 ZONING DISTRICTS AND OVERLAY ZONES 1 1. General Requirements 2. Required off-street parking is regulated in 3accordance with Chapter 4, Article V Minimum Off-Street Parking 4Requirements. 5 2. Reduced Parking Requirements in MU-H district 6. See reduced 7parking requirements for specific uses within the MU-H district in accordance 8with Chapter 4, Article V, Section 2.B. 9 3. Off-Street Parking Facilities. 10 The Mixed Use (Urban) districts 11contain additional standards relative to location and appearance of off-street 12parking facilities. Refer to Chapter 4, Article III, Section 3.C.3 for these 13additional development standards. 14 F. Miscellaneous. 15 16 1. Access 17. See Chapter 4, Article VI, Section 3.C.8. 18 2. Building Location. 19See Chapter 4, Article III, Section 3.H.2. 20 3.Location of Dumpsters and Trash Receptacles. 21 See Chapter 4, 22Article VI, Section 4.C. 23 4. Shade and Shelter. 24 See Chapter 4, Article III, Section 3.H.3. 25 5.Sidewalks in MU-H District. 26See Chapter 4, VIII, Section D. 27 6.Landscape and Streetscape Design. 28 See Chapter 4, Article II, 29Section 4.B.5. 30 31F.MIXED USE ZONING DISTRICTS. 321.Intent and purpose. The mixed use zoning districts allow for a diversity of land uses, and 33accommodate and encourage a mixture of residential, office, retail, recreational, and other miscellaneous 34uses on assembled parcels within the Community Redevelopment Area. All development and 35redevelopment shall require a site plan approval to be processed concurrently with the application for 36rezoning. 37The objectives of the mixed use zoning districts are as follows: 38a.Support and enhance revitalization efforts in the city's traditional commercial core area; 39b.Allow for commercial services to be provided to new residential developments in planned 40locations with appropriate densities, heights, and mixtures of uses; 41c.Create optimal pedestrian environments through appropriate separation from, and design of 42vehicular circulation areas; November 9, 2010 139 ZONING DISTRICTS AND OVERLAY ZONES 1d.Allow flexibility in architectural design and building bulk; while maximizing compatibility 2and harmony with adjoining development within the development area; 3e.Create surrounding areas that complement rather than compete with the downtown; 4f.Create higher quality environments for residents, businesses, employees, and visitors. 52.Zoning districts. The mixed use zoning districts shall be applied to selected geographic areas, 6east of I-95, identified on the city’s Future Land Use Map, where a mixture of uses and building densities is 7intended to carry out elements of the city’s redevelopment plans, including goals in employment, 8population, transportation, housing, public facilities, and environmental quality. Regulations for the 9planning areas are implemented through four zoning districts: Mixed Use-High Intensity (MU-H), Mixed 10Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), and Mixed Use-Low Intensity 3 11(MU-L3). Permitted uses and associated standards for development vary between the zoning districts each 12reflecting the importance of the district’s location and its relationship to the downtown. Heights, densities 13and intensities of development are regulated according to the classification of the roadway along the 14frontage of the property and proximity to existing single-family zoning districts. 15A mixed use low zoning district may be located only on lands designated Mixed Use (MX) on the City of 16Boynton Beach Future Land Use Map. The mixed use high zoning district may be located only on lands 17designated Mixed Use (MX) or Mixed Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map. 18 193.Subdistricts established. 20a.MU-H (Mixed-Use-High Intensity) Zoning District. 21(1)The Mixed-Use High Intensity (MU-H) zoning district shall only be applied to lands 22classified as Mixed Use-Core (MX-C) on the Future Land Use Map. 23(2)The MU-H district is appropriate for developments that provide for high density 24residential in addition to retail commercial and office uses. 25(3)The district allows a maximum height of one hundred-fifty (150) feet and a residential 26density of eighty (80) dwelling units per acre, provided that all new developments within this district that 27front on streets designated as "arterial" or "collector" roadways" on the Functional Classification of 28Roadways Map shall contain a mixture of retail, office and/or residential uses arranged either vertically or 29horizontally. Single-use projects fronting solely onother streets within this district shall require conditional 30use approval. 31b.MU-L (Mixed-Use-Low- Intensity) Zoning Districts, Mixed Use-Low Intensity 1 (MU-L1), 32Mixed Use-Low Intensity 2 (MU-L2), and Mixed Use-Low Intensity 3 (MU-L3). 33(1)In order to complement the revitalization efforts in the city's commercial core, the MU-L 34Zoning District shall only be applied to lands peripheral to the downtown area and classified as Mixed Use 35(MX) on the Future Land Use Map. 36(2)The MU-L Districts are appropriate for low- to mid-rise developments that provide for 37medium density residential uses. November 9, 2010 140 ZONING DISTRICTS AND OVERLAY ZONES 1(3)The districts allow a maximum height of seventy-five (75) feet and a residential density 2of forty (40) dwelling units per acre for mixed use projects unless reductions are necessary to maintain 3compatibility with an abutting single- family zoning district. 4(4)Building heights between seventy-five (75) feet and one hundred (100) feet may be 5permitted for developments abutting the Mixed Use High zoning district, if reviewed as a conditional use. 6(5)The review of these applications will emphasize aesthetics and design quality, and 7physical compatibility with adjacent land uses. 8(6)All new developments within this district that contain a mix of uses shall front on streets 9designated as "arterial", "collector", or "local collector" roadways" on the Functional Classification of 10Roadways Map and shall contain a mixture of retail commercial, office and/or residential uses, which may 11be arranged either vertically or horizontally. 12(7)Height restrictions and densities may be further limited in certain geographic areas to 13further applicable redevelopment plans and maintain compatibility with an abutting single-family district. 144.Uses. 15a.The following table identifies the permitted, restricted and prohibited uses within the mixed 16use zoning districts. 17b.Uses are classified as Permitted “P,” Conditional “C,” or Not Permitted “N.” 18c.Uses permitted with restrictions are followed by a numeral that corresponds to a footnote 19below the table. Each footnote explains restrictions associated with the use. 20d.The Planning and Zoning Director or designee shall have the discretion to approve uses that 21are not specifically listed but are similar to uses that are expressly permitted; provided, however, such uses 22are not expressly identified as conditionally permitted or not permitted in any zoning district within the city. 23 TABLE 6F-1 24 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES 25 ZONEs USE GROUP/USE MU-L1 MU-L2 MU-L3 MU-H Residential or Lodging Use Group Bed and Breakfast C C N N 6 Boutique Hotel N N C C Hotel N C C P November 9, 2010 141 ZONING DISTRICTS AND OVERLAY ZONES 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 22 Residential, Multi-Family P P P P/C Board and Rooming House (except as provided by N N N N state law) Accessory Unit N N N N 14141414 Life/work Unit P P P P 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 3331,3 House of Worship P P P P Police or Fire Rescue Station P P P P 6665,6 Postal Center (retail sales only) P P P P Post Office N N C C Public Park P P P P 22 Publicly-owned Parking Lot or Garage (principal P P P P use) November 9, 2010 142 ZONING DISTRICTS AND OVERLAY ZONES Office Use Group* *Not encouraged as a first-floor use in the MU-H Zone. 996,96,9 Banks, Financial Institutions P P P P 6 Medical or Dental Office of Clinic P P P P 6 Physical Therapy Clinic P P P P Professional Business Office P P P P 6 Veterinary Office or Clinic P P P P Sales and General Commercial Use Group* *Where permitted within the MU-L Zone, only on lots fronting on major arterial or connector roadways. 6666 Alcoholic Beverage Package Store P P P P Ammunition or Firearm Sale or Rental N N N N (principal/accessory use) 44 Animal Boarding or Kennel (principal/accessory C C N N use) 6 Animal Grooming P P P P 66 Pet Sales P P P P 66 Antique Store/Fine Arts Antique Auction P P P P 66 Arts, Crafts, Hobby and Framing P P P P Auction House N N N N 6, 106, 10 Automotive Fuel Sales with/without VehicleN N C C Service 6, 11, 61, 61, 6 Automotive Parts Sales P P P P November 9, 2010 143 ZONING DISTRICTS AND OVERLAY ZONES 1, 161, 16 Automotive Repairs (Minor) N C C N 1212 Automotive Sales with Display N N P P 66 Bakery, Retail/Specialty Foods P P P P 12, 1312, 136, 12, 136, 12, 13 Boat/Marine Accessories/Rental/Brokerage P P P P 66 Bookstore P P P P Building Supplies or Materials N N N N Bus Terminal N N N C 6666 Clothing, Shoes or Accessories Boutique P P P P Contractor’s Office/Equipment Storage N N N N 66 Coffee Shop P P P P 6666 Convenience Store P P P P Custom Home Furnishings P P P P 66 Cyber-Café P P P P Dive Shop and Instruction as Accessory Use P P P P 6,9,116,9,116,9,113, 6 Drug Store or Pharmacy P P P P 776, 76, 7 Grocery Store, Supermarket C P P P 66 Florist P P P P 6, 126, 126, 126, 12 Hardware Store P P P P 6666 Health Food Store P P P P Home Improvement Centers N N N N 66 Jewelry, Luggage and Leather Goods P P P P November 9, 2010 144 ZONING DISTRICTS AND OVERLAY ZONES Lumber Yard N N N N 12126, 126, 12 Marina P P P P 6, 166, 16 Marine Customizing, Detailing, Service, Parts or N C C N Repair 666 Newsstand P P P P 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 N N N N (principal use) 1212126 Personal Watercraft Sales, Rental, Service, Parts or P P P P Repair 66 Photographic Studio and Photographic Supplies P P P P 6, 96, 96, 9 Restaurant, with Drive Thru P P P N 6 Restaurant, Sit Down P P P P 6666 Sporting Goods P P P P 66 Tobacco and Accessories P P P P Trailer-Vehicle or Marine - Sales, Rentals, Service, N N N N Repairs and Storage 66 Video Rental P P P P 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. November 9, 2010 145 ZONING DISTRICTS AND OVERLAY ZONES 66 Barbershop/Beauty Salon/Day Spa P P P P 6 Dance Studio P P P P 6 Dressmaker or Tailor P P P P 6, 86, 86, 86, 8 Dry Cleaner P P P P 66 Fitness/Health Club P P P P Funeral Home C C C N Hospital N N N N Labor Pool Establishments N N N N 666 Laundromat P P P N 6666 Medical Outpatient Facility P P P P 66 Nursery, Preschool or Child Daycare P P P P Nursing and Convalescent Home C C C N 1818 Pet Care (boarding and daycare) P P N N 66 Photocopy Center P P P P 6, 156, 156, 15 Self-Storage or Mini Warehouse C C C N 6666 Shoe Repair P P P P Soup Kitchens/Substance Abuse Centers/Shelters/ N N N N Halfway Houses 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. November 9, 2010 146 ZONING DISTRICTS AND OVERLAY ZONES Adult Entertainment N N N N 66 Bar, Cocktail Lounge C C C P 6666 Billiard Club/Bowling Alley/Indoor Recreation C C C C Facility Bingo Hall N N N N Fortune Teller N N N N 66 Movie Theater N N P P 666 Night Club N C C C Performing Arts Theater P P P P 666 Private Clubs, Lodges and Fraternal Organizations C C C N Accessory Use 999 Drive-Thru Facility (other than accessory use to C C C N financial institutions and restaurants) 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. 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. November 9, 2010 147 ZONING DISTRICTS AND OVERLAY ZONES 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. 18. Pet care (boarding and daycare). As the principal business, this business is subject to conditional use review and approval. As an accessory use to the following principal uses: veterinary office, pet store, or pet groomer, this use is not subject to conditional use review and approval unless as an accessory use, the accessory use exceeds 25% of the floor area of the principal use, or 2,500 square feet, whichever is less. No external kenneling is allowed as an accessory use. 15.Building and site regulations. 3 Minimum Parcel Requirements ZONES MU-L1 MU-L2 MU-L3 MU-H A. Minimum Lot Area November 9, 2010 148 ZONING DISTRICTS AND OVERLAY ZONES Public Park no minimum no nono minimumminimumminimum All Other Uses 0.50 acre 0.75 acre 1 acre 1 acre 12 B. Minimum Lot Frontage 100 ft. 100 ft. 150 ft. 200 ft. All Uses 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 Locational Requirements for Maximum Height, Density and Floor Area Ratio (also see Sec. 10.c. below) ZONES MU-L1 MU-L2 MU-L3 MU-H 31133, 4 Roadway Ht. DU FAR Ht. DU FAR Ht. DU FAR Ht. Classification 111 Arterial 45' 20 1.0 65'/100' 30/40 2/2.5 75'/100' 40 3/3.5 150'/12 Collector 45' 20 1.0 65' 30/40 2/2.5 75' 40 3/3.5 125' Local Collector 45' 20 1.0 45' 30/40 2/2.5 55' 40 3.0 55' Local 45' 20 1.0 45' 30/40 2/2.5 45' 20 1.0 45' Local (local n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 2 frontage only) Minimum height 30 ft. 30 ft. 30 ft. 30 ft. at any street 1 2For property abutting the MU-H district located west of US 1, the area of increases in height, density 3and FAR shall extend a distance of 100 feet from the MU-H zoning district line and shall require 4conditional use approval. For properties abutting the MU-H district located east of US 1, the area of 5increase for height shall extend a distance of 100 feet from the MU-H zoning district line and shall require 2 6conditional use approval; however, no increases in density and FAR are allowed. Must also have principal 7frontage on Arterial roadway. November 9, 2010 149 ZONING DISTRICTS AND OVERLAY ZONES 2 1Must also have frontage on local collector or higher roadway. 3 2Maximum height on any street frontage is 40 feet. Maximum height on Intracoastal Waterway is 35 3feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to 4achieve the compatibility requirements of these regulations. 4 5Maximum height reduced to 125 feet for the entire project where property abuts any MU-L or 6residential zoning district not separated by a right-of-way. 5 Minimum Setback Requirements ZONES MU-L1 MU-L2 MU-L3 MU-H 7 Side Yard 11,2111 Abutting Residential Single-25 ft./0 ft. 25 ft. 25 ft. 25 ft. Family 6666 Abutting Other Uses 10 ft. 10 ft. 10 ft. 10 ft. 7 Rear Yard 12111 Abutting Residential Single-25 ft./0 ft. 25 ft. 25 ft. 25 ft. Family 33 Abutting Intracoastal 25 ft. 25 ft. 0 ft. 0 ft. Waterway 6666 Abutting All Other Uses 10 ft. 10 ft. 10 ft. 10 ft. Front Yard (build-to line) Any portion of property abutting a public right-of-way 4444 All Uses0 to 10 ft.0 to 10 ft. 0 to 10 ft. 0 to 15 ft. 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. November 9, 2010 150 ZONING DISTRICTS AND OVERLAY ZONES 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). 16.Rezoning of single-family residential zoning districts to mixed use zoning districts. All requests 2for rezoning from any single-family residential district to a mixed use zoning district shall be subject to the 3following additional requirements: 4a.Height, density and intensity of development based on the roadway frontage; 5b.Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to 1.25 foot (depth); 6c.Vehicular access to the property located to minimize impacts on adjacent single-family 7developments and meet safety standards; and 8d.Landscape barriers provided, in accordance with the landscape regulations of this code, 9where the rezoned property abuts single-family residential zoning. 107.Mixed uses. 11a.Buildings containing residential and nonresidential uses are required within the MU-H 12Zoning District for all properties fronting on arterial roadways, permitted and encouraged within the MU-L 13Zoning District. Mixed use structures are subject to the same development standards as "all other uses." 14b.Residential uses within mixed-use structures shall not be located on the ground floor, which 15shall be reserved for nonresidential uses. 16c.Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for 17their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based 18upon use type, construction materials, floor plan and site layout, and other factors as determined 19appropriate given the type of use. 208.Building placement, massing and orientation. Structures fronting on arterial roadways within 21the MU-H and MU-L Zones shall occupy the entire width of the parcel they are located upon, 22notwithstanding corner side setbacks and clearance needed for a drive that may be required to access the 23rear of the property. 249.Access. Vehicular access for project shall not be directly from an arterial roadway where 25sufficient alternative access is available. 2610.Landscaping and Design. 27a.Landscaping in the MU-H District. 28(1)Trees. All new construction in the MU-H District shall provide shade trees in the 29streetscape. November 9, 2010 151 ZONING DISTRICTS AND OVERLAY ZONES 1(a)The trees selected shall be consistent with the established theme of the street, where 2appropriate. The City Forester will provide consultation on appropriate species. 3(b)Trunks shall be a minimum four (4)-inch caliper and provide seven (7) feet of vertical 4clearance for visibility. 5(c)In instances where canopies of overhangs make it infeasible to plant trees, alternative 6means of providing landscaping for the sidewalk shall be utilized. 7(d)Upon inspection by the City Forester, any trees found to be in declining condition 8shall be replaced within thirty (30) days. 9(2)Tree spacing. 10(a)Trees shall be regularly spaced. The spacing of the trees shall be 20 - 25 feet on 11center. 12(b)Spacing may be modified by factors such as the placement of utilities, by property 13access points, sight lines at corners or by corner conditions. 14(c)Tree placement shall match the existing pattern, where appropriate. 15(d)Tree guards, fabricated to city specifications, shall be placed adjacent to the curb, 16where feasible. 17(3)Tree irrigation. 18(a)Irritation systems shall be installed to service all trees and other landscape materials. 19(b)Irrigation systems shall be in operable condition at all times. 20(4)Sidewalks and lighting. 21(a)All new construction in the MU-H District shall provide new sidewalks. 22(b)Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet 23wide, measured from the rear of the curb. 24(c)Sidewalks and lighting shall, where practical, be consistent with the current design 25elements in place along Federal Highway. 26(5)Flower containers. To add color and soften sidewalk paving with plants, flower 27containers containing blooming annuals or perennials shall, where practical, be planted and maintained 28along facades of new building fronting on arterial roadways in the MU-H District. 29a.Design compatibility. Proposed projects should compliment existing or approved adjacent 30mixed use projects in terms of height, color, style massing and materials. Projects proposed that would abut 31a single-family zoning district should be designed to avoid a reduction in privacy of the adjacent 32neighborhood through measures such as, but not limited to, additional landscaping, orientation of windows 33and balconies, and layout of upper units. 34b.Maximum height and setbacks — Sky Exposure Plane November 9, 2010 152 ZONING DISTRICTS AND OVERLAY ZONES 1(1)No building shall exceed the maximum height limits or the Sky Exposure Plane (S.E.P.) 2except as delineated below in section (3). 3(2)All buildings shall be built within the S.E.P. based on the ratio of six vertical feet to one 4horizontal foot (6 to 1). The base for determining the sky exposure plane shall be from the building setback 5at base height for building fronts, and from the minimum building setback for the side and rear elevations. 6 7(3)The following shall be deemed as allowable exceptions to the maximum height limits 8and S.E.P requirements: 9(a)Balconies (unenclosed), canopies, trellises, landscaping, and flags; 10(b)Elevator or stair bulkheads, rooftop equipment and related screening; 11(c)Uninhabited architectural elements; 12(d)Parapet not more than four feet high. 1311.Parking requirements. Parking requirements for both the MU-H and MU-L zoning districts 14shall be as set forth by Chapter 2, Section 11H, of the Land Development Code. Chapter 2, Section 11I, 15shall apply only to the MU-H zoning district. Structured parking is preferred for all mixed use 16developments, and no surface parking should be visible from an adjacent arterial or collector road. 17a.On-site parking facilities shall be located to the rear or side of the structure they are intended 18to serve and screened from view from public streets, notwithstanding other provisions of these regulations 19that require a specific residential automobile garage setback, and subsections 8.d. and 8.e. below, 20permitting understory parking and regulating parking garages. The intent of this provision is that parking 21facilities not be prominent, as viewed from the street(s) that serve(s) as the main orientation for the 22principal building(s), in order to emphasize buildings and pedestrian features and de-emphasize parking 23facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to 24parking shall be from side streets not serving as the principal structure’s main frontage, when possible, in 25order to minimize vehicle/pedestrian conflicts along sidewalks resulting from driveway crossings. November 9, 2010 153 ZONING DISTRICTS AND OVERLAY ZONES 1b.Mixed-use developments may utilize the following parking requirements based upon shared 2parking with different hours of use. The total requirement for off-street parking spaces shall be the highest 3of the requirement of the various uses computed for the following five (5) separate time periods: weekdays 4(daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the 5requirement of the various uses for the various separate time periods, the percent of parking required shall 6be calculated and signed by a licensed traffic engineer using "Shared Parking, Second Edition", U.L.I., 72005, or other acceptable methodology. 8c.Freestanding parking garages as part of a mixed use development are permitted within the 9MU-H Zone only. Within the MU-H Zone, free-standing single-use parking garages call not exceed 10seventy-five (75) feet in height, and shall not have direct frontage on any public street unless the portion of 11the garage abutting these streets contains storefronts, restaurants or other permitted nonresidential uses on 12the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor 13area to a minimum depth of twenty (20) feet, so as to disguise the garage and create continuity in street- 14level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures 15that include parking garages shall be designed to blend the architecture of the garage with the remainder of 16the structure to create the illusion that the garage is habitable floor space. 17d.Parking garages that are incorporated into the same structure as a principal building, 18including structures providing parking on lower floors and habitable space on upper floors, are permitted 19within the MU-H and MU-L Zones. Understory parking (on the first floor of a structure) is permitted 20throughout the MU-H and MU-L Zones for multiple-floor buildings. Such first floor parking areas, 21abutting on any public roadway, are required to be developed for commercial uses to a minimum depth of 22twenty (20) feet. All other visible sides of the parking structure shall be screened from view by a living 23trellis (utilizing climbing vines) and/or architecturally articulated facade designed to screen the parking area. 24 25e.In order to increase the efficiency of parking provision and vehicle circulation, parking 26facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed 27for future connection to an adjoining parcel where an existing connection cannot be established. 2812.Dumpster location. Dumpsters shall be adequately screened from view in a manner 29compatible with the surrounding environment. 3013.Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and 31Boynton Beach Boulevard shall be designed to discourage mid-block street crossings on these streets. 3214.Signage. Chapter 21, Signs, of the Land Development Code shall govern signage within the 33Federal Highway Corridor District. 3415.Self-storage design requirements. 35a.Location of self-storage use. Self-storage uses shall only be allowed above the first floor in 36mixed-use structure. 37b.Ground-floor retail uses required. Street frontages of the ground floor area shall be devoted 38to one or more principal retail and office uses, not related to the self-storage use, to a depth of at least 39twenty (20) feet. November 9, 2010 154 ZONING DISTRICTS AND OVERLAY ZONES 1c.Access to self-storage facilities. Access to self-storage use portion of the structure shall not 2be from/to an arterial roadway and must be screened from public right-of-way. 3d.Design of buildings. Buildings shall be designed to have the appearance of a multi-story 4retail, office and/or residential structure through the use of windows, shutters, and appropriate building 5elements on the upper floors. 616.Live/work unit requirements. 7a.Minimum floor area. The minimum floor area of a live/work unit shall be one thousand 8(1,000) square feet. 9b.Permitted floor area. No more than seven hundred and fifty (750) square feet, of the 10live/work unit shall be reserved for living space, including kitchen, bathroom, sleeping and storage areas. 11The rest of the gross floor area of each unit shall be reserved and regularly used for working space. 12c.Separation required. Each live/work unit shall be a separate unit from other uses in the 13building. Access to each live/work unit shall be provided from common access areas, common halls or 14corridors, or directly from the exterior of the building. 15d.Parking. Each live/work unit shall be provided at least two and one-half (2 1/2) parking 16spaces. 17e.Permitted work activity. The work activity in a building where live/work units are allowed 18shall be any use permitted by right in the zoning district, except that in order to protect the health and 19safety of persons who reside in a live/work unit, no work activity shall be permitted that by virtue of size, 20intensity, number of employees or the nature of the operation, has the potential to create significant impacts 21by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or 22would be hazardous by way of materials, process, product or wastes. 23f.Business tax receipt required. At least one resident of an individual live/work unit shall 24maintain a current business tax receipt for a business located in that unit. 25g.No separate sale or rental of portions of unit. No portion of a live/work unit may be 26separately rented or sold as a commercial space for a person or persons not living in the premises or as a 27residential space for a person not working in the same unit. 28h.No conversion of units. No live/work unit shall singly be changed to exclusively commercial 29or exclusively residential use. No conversion of all live/work units in a single structure to exclusively 30residential use shall be, where the work portion of the units is the only commercial use in a project, nor 31shall conversion to exclusively commercial use be permitted where the live portion of the units is the only 32residential use in a project. 3317.Automotive service station requirements. 34a.Location. Must be a part of a mixed-use development located at the intersections of roadways 35consisting of four (4) lanes or more that are classified as an "arterial" or "collector" roadway on the city's 36adopted Roadway Classification Map. November 9, 2010 155 ZONING DISTRICTS AND OVERLAY ZONES 1b.Access. Only one (1) access driveway is allowed from each major street frontage. Driveways 2shall be located a minimum of fifty (50) feet from the intersection unless county or state standards require a 3greater distance. 4c.Setbacks. Building setbacks shall meet those required by the zoning district. 5d.Canopy location. Canopy structure over the fuel pumps shall be located either to the side or 6rear of the sales office building. 7e.Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside. 8f.Accessory uses. 91.Shall require a conditional use approval. 102.May include vehicle washing (tunnel car wash) and minor repairs limited to servicing and 11installation of tires, batteries and accessories, lubrication and oil changes. 123.Hours of operation - 7:00 a.m. to 7:00 p.m., Monday through Friday and 7:00 a.m. to 1312:00 noon on Saturday. No Sunday operation of accessory uses. This restriction does not apply to the sale 14of convenience items. 15g.Overhead doors. Overhead doors shall not be visible from any major roadway frontage. 1618.Automotive repairs (minor) requirements. 17a.Location. Shall be a part of a mixed-use development 18b.Access. Shall not be directly from any major roadway. 19c.Storage. No outside storage of materials, parts, and no overnight storage of vehicles outside. 20d.Overhead doors. Overhead doors shall not be visible from any major roadway frontage. 2119.Street vendors regulations. 22a.Licensing. 231.All street vendors shall obtain a license from the city's Business Tax Division and shall 24display same at all times when conducting business within the city. 252.Said license shall require approval of vending station design. 263.Licenses may be revoked following five (5) valid complaints against the business. 27b.Location. 281.Street vendors operating on private property shall require approval from the property 29owner. 302.Street vendors operating within the public right-of-way shall not conduct business from a 31location within intersection crosswalks, block or obstruct access to handicap curb-cuts, or obstruct 32pedestrian passage on the sidewalks at any time. November 9, 2010 156 ZONING DISTRICTS AND OVERLAY ZONES 1c.Waste removal. Each street vendor shall provide waste disposal containers, and shall remove 2all debris created by his or her business daily. 320.Definitions.The following are supplemental definitions applicable only to the mixed use 4zoning districts, and, therefore, in case of conflict, take precedence over definitions in other portions of the code. 5 6Accessory apartment. A habitable living unit added to or created within a single-family dwelling 7that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments 8shall comprise no more than twenty-five percent (25%) of the total floor area of a single-family dwelling, 9and shall in no case be more than seven hundred fifty (750) square feet. 10Antique shops or Auction house. Any premises used for the retail sale, trading or auction of 11articles of which eighty percent (80%) are over fifty (50) years old or have collectible value. Antique shop 12or Auction house does not include "secondhand store" or auction of used merchandise. 13Automotive repairs (minor). Providing replacement or repairs to automotive tires, batteries, 14accessories. Includes lubrication, oil changes, repairs to air conditioning, non-engine and exhaust related 15service and repairs, but not including engine overhaul and/or replacement of internal parts of engines, body 16and fender work, painting and customizing. 17Child care. An establishment that provides care, protection and supervision for children on a 18regular basis away from their primary residence for less than twenty-four (24) hours per day. The term 19does not include facilities operated in conjunction with an employment use or other principal activity, 20where children are cared for while parents or custodians are occupied on the premises or in the immediate 21vicinity. 22Coffee house. An informal café or restaurant primarily offering coffee, tea, and other non- 23alcoholic beverages, and where light refreshments and limited menu meals may also be sold. 24Convenience store. A small store near a residential area that stocks food and general goods and is 25open all or most of the day and night. 26Custom furnishings. Home furniture and decorative objects built to a buyer’s specifications. 27Cyber café. A coffee house that provides patrons with computer terminals for browsing the 28Internet for a fee. 29Day spa. Spa facilities that have no overnight accommodations, but offer (an array of spa 30treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs 31that may last from a few minutes up to a full day. 32Fitness/health club. A commercial recreation and entertainment facility or private club which has 33as a principal use a gymnasium, swimming pool or other sports facility and which may offer massages, 34whirlpool baths, steam rooms, saunas or medical facilities as accessory uses to the principal use. 35Fortune-teller/psychic. Person who makes predictions about the future through methods 36including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. November 9, 2010 157 ZONING DISTRICTS AND OVERLAY ZONES 1Halfway house. A residential facility used to house individuals being transitioned from penal or 2other institutional custody back into the larger society. 3Hotel.A building or portion thereof containing fifty (50) or more guest rooms, efficiency units or 4suites designed for the temporary lodging of transient guests rented on a daily basis and occupied by the 5same occupant for less than thirty (30) consecutive days. Ancillary facilities may include conference 6facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to 7the guest quarters shall be through an inside lobby and corridors or from an exterior court which is within a 8secured area. The hotel rooms may be under single ownership or may be owned individually, provided all 9rooms are under single management, which provides for central reservations and maid services, and receipt 10and disbursement of keys and mail by the attendant at the desk in the lobby or office. No hotel unit shall be 11converted to or used as a multifamily dwelling without the prior approval of the City Commission and 12compliance with all applicable land development regulations and the comprehensive plan. 13Hotel, boutique. A small luxury hotel containing ten (10) to fifty (50) guest rooms. Meal service 14is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service 15may also be provided. 16Hotel, extended stay. Any all-suite hotel that provides visitors with a full kitchen and more than 17five percent (5%) of its rooms are occupied for at least thirty (30) days and no more than one hundred and 18eighty (180) days. 19Landscaped area. Open space area not occupied by any structures or impervious surfaces, and 20landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. 21Listed historic structures. Includes all structures listed as eligible for designation in "The City of 22Boynton Beach Historic Sites Survey" as prepared by Research Atlantica, Inc, September 1996, or any 23subsequent updates to that study. In the Mixed Use zoning districts, the structure may function as its 24intended use or be adapted to other allowed uses, provided the exterior of the structure maintains its 25original architectural integrity, notwithstanding any modifications necessary to meet the requirements of 26the Americans with Disabilities Act (ADA). 27Live/work unit. A commercial unit with incidental residential accommodations occupying one (1) 28or more sleeping rooms or floors in a building primarily designed and used for commercial occupancy and 29providing: 301.Adequate working space reserved for commercial use and regularly used for such purpose 31by one (1) or more persons residing in the unit; and 322.Living space containing, but not limited to, a sleeping area, food preparation area with 33reasonable work space and a full bathroom. 34Medical outpatient facility. An establishment where patients who are not lodged overnight, but 35are admitted for examination and treatment by a group of physicians, dentists, or other health care 36professionals. 37Mixed use development. The development of a single building or single parcel to contain two (2) 38or more of the following types of uses: residential, retail/commercial, office or institutional. Mixed uses 39may be combined vertically within the same building or placed side by side on the same parcel, provided November 9, 2010 158 ZONING DISTRICTS AND OVERLAY ZONES 1that they are in close proximity, planned as a unified and complementary whole and functionally integrated 2to make the use of shared vehicular and pedestrian access and parking areas. 3Motel. A building or group of buildings designed to provide sleeping accommodations for 4transient or overnight guests. Each building shall contain a minimum of ten (10) residential units or rooms, 5which generally have direct access to a parking lot, street, drive, court, patio, etc. 6Newsstand.A stall, booth or store where newspapers and magazines are sold. 7Night club. A facility operated as a commercial establishment in which eating and/or drinking 8takes place, where alcoholic beverages are served and where the provision of entertainment is the primary 9activity. Entertainment includes music by a live musician or musicians, or any mechanical, electronic, or 10other means such as records, laserdiscs, audio, video, or other audio or audio-visual means. Including 11acting, play performances, dancing, song and dance acts participated in by one (1) or more employees, 12guests, customers or other person or persons. An establishment that provides background music, which is 13clearly incidental and allows for normal conversation levels, shall not be considered a night club. 14Package liquor store. An establishment where alcoholic beverages are dispensed or sold in 15sealed containers for consumption off the premises. 16Private clubs, lodges and fraternal organizations. A facility used to house a registered non-profit 17or not-for-profit social, sports or fraternal organization for the primary purpose of having private meetings 18for their membership, and may include the serving of meals and/or alcoholic beverages for the exclusive 19use of the members and their guests, and where access to the general public is restricted. 20Recreation and entertainment, indoor. An enclosed building which is principally used for games 21and other recreational purposes, and which is operated on a for profit basis. Such uses include movie 22theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness 23centers, dance studios, court sports and swimming pools. 24Recreation and entertainment, outdoor. An outdoor area which is principally used for active or 25passive recreation, and which is operated on a for profit basis. Such uses include tennis centers and 26swimming pools. 27Residential, multi-family. A building containing three (3) or more dwelling units that cannot be 28classified as single-family attached. 29Residential, single-family, attached. Two (2) or more one-family dwellings attached by common 30vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located 31over another unit. Examples of single-family attached dwellings include duplexes and townhomes. 32Shelter. A facility, which is not a hotel or motel, used primarily for providing free or very low- 33cost short-term lodging for individuals who would otherwise be homeless. 34Sky exposure plane. A "sky exposure plane" is an imaginary inclined plane beginning at 35maximum frontage height and rising at a ratio of vertical distance to horizontal distance as set forth in the 36Mixed Use zoning regulations. 37Soup kitchen. A facility providing free or very low-cost meals or distributing free or very low- 38cost, pre-packaged foodstuffs to the public as part of a charitable activity, program or organization. November 9, 2010 159 ZONING DISTRICTS AND OVERLAY ZONES 1Substance abuse center. A facility used primarily for the treatment of individuals for alcohol or 2drug abuse. 3Theater. A building or outdoor structure expressly designed for the presentation of plays, operas, 4music concerts, motion pictures, etc. November 9, 2010 160 ZONING DISTRICTS AND OVERLAY ZONES Section 6. Industrial Districts. 1 2 A. M-1 INDUSTRIAL DISTRICT. 3 4 1.General. 5The purpose of the M-1 zoning district is to implement 6the Industrial (I) Future Land Use Map (FLUM) classification of the 7Comprehensive Plan. The intent of this conventional district is to allow 8industrial uses that provide opportunities for the retention and expansion of 9economic activities associated with manufacturing, processing, or assembly 10plants, including their support enterprises for warehouse, storage, distribution, 11research, and development. 12 2. Use(s) Allowed 13. See “Use Matrix Table 3-28” in Chapter 3, Article 14IV, Section 3.D. 15 3. Building and Site Regulations (Table 3-22) 16. 17 BUILDING / SITE REGULATIONS M-1 District Minimum lot area: 10,000 s.f. Minimum lot frontage: 0 feet Minimum yard setbacks: Front: 15 feet 1 Rear: 20 feet Abutting:Residential district(s) 30 feet 2 Interior side: 15 feet Abutting:Residential district(s) 30 feet Corner side: 15 feet Maximum lot coverage:60% 3 Maximum Floor Area Ratio (FAR) 0.50 4 Maximum structure height:45 feet 18 1 19Where rear yard abuts a railroad right-of-way or any 20paved alley, the rear yard may be reduced to 10 feet. 21 2 22Where rear yard abuts a paved alley or street, then no 23side setback shall be required. 24 3 25A Floor Area Ratio (FAR) up to 0.50 may be considered 26for industrial uses allowed within the M-1 district (see “Use 27Matrix” – Chapter 3, Article IV, Section 3.D), pursuant to the 28Industrial Future Land Use classification of the Comprehensive 29Plan. 30 4 31Not to exceed four (4) stories. 32 November 9, 2010 161 ZONING DISTRICTS AND OVERLAY ZONES 4. Review and Approval Process. 1Non-residential uses shall require 2site plan approval in accordance with Chapter 2, Article II, Section 2.F prior to 3application for building permit. 4 5. Parking 5. Required off-street parking is regulated in accordance 6with Chapter 4, Article V Minimum Off-Street Parking Requirements. 7 6.Exterior Storage of Merchandise and Equipment. 8See Chapter 93, Article V, Section 8 for the regulations pertaining to the permanent exterior 10storage of merchandise and equipment. 11 12 Section 8. M-1 industrial district regulations and use provisions. 13A.M-1 INDUSTRIAL DISTRICT. 141.Permitted uses, no distance requirement. Within any M-1 industrial district, no building, 15structure, land or water, or any part thereof shall be erected, altered or used, in whole or in part, for other 16than one or more of the following specified uses;provided, however, that any use or process that would be 17subject to a minimum distance requirement under Section 8.A.2., would require conditional use approval 18under Section 8.A.4., or would be prohibited under Section 8.A.5. shall fully comply with the provisions of 19those sections, where applicable. No distance requirement other than district setback regulations shall 20apply for the following uses: 21a.Manufacturing, fabrication, and processing as follows: 22(1)Bakery products. 23(2)Ice and dry ice. 24(3)Textile products, apparel, and clothing accessories, manufactured from purchased fabric 25and materials, excluding spinning, weaving, knitting, dyeing, or treating of textile mill products. 26(4)Sailmaking and canvas goods, including retail sale of goods manufactured on premises. 27(5)Leather cutting and stamping; fabricated leather products. 28(6)Furniture, cabinets, and wood fixtures, with gross floor area of shop not greater than two 29thousand (2,000) square feet. 30(7)Blind,shutter, shade, and awning fabrication from wood, plastic, fabric, canvas, or 31finished metal pieces. 32(8)Converted paper and paperboard products, limited to cutting, stamping, folding, 33laminating, lining, coating, and treating of purchased paper, paperboard, foil, sheet, or film materials. 34(9)Stone cutting and finishing. 35(10)Statuary, ornaments, and art goods. 36(11)Glass and glass products. November 9, 2010 162 ZONING DISTRICTS AND OVERLAY ZONES 1(12)Ceramic, pottery, and porcelain products, using only previously pulverized clay, and 2using kilns fired only by electricity or gas. 3(13)Investment casting. 4(14)Machinery, equipment, appliances, parts, and tools, limited to assembly of finished 5parts and materials. 6(15)Electrical and electronic goods, limited to assembly of parts and materials. 7(16)Plastics, rubber, or fiberglass products, limited to cutting and assembly of parts and 8materials. 9(17)Precision instruments, optical equipment, photographic equipment, and clockwork 10devices. 11(18)Medical and dental equipment. 12(19)Household goods and other small items such as jewelry, lapidary goods, personal 13articles, toys, amusement devices, sporting goods, musical instruments; stationary, office, and art supplies; 14advertising specialties, novelties, ornaments, notions, cookware, and flatware. 15(20)Fruit packing and shipping. 16(21)Artist and craftsman shops, excluding retail display or sales on premises. 17b.Commercial services as follows: 18(1)Industrial, commercial, office and professional equipment; service, repair, and 19rebuilding, excluding uses specifically prohibited in Section 8.A.5. 20(2)Household goods; service, repair, and rebuilding, excluding display or sale of any new, 21used, or rebuilt merchandise at retail onpremises, unless specifically allowed in accordance with Sections 228.A.1., 8.A.2., 8.A.3., or 8.A.4. 23(3)Furniture and antique upholstery, covering, and repairing. 24(4)Steam and pressure cleaning services. 25(5)Septic tank, sewer, and drain cleaning and repair services, excluding storage, treatment, 26transfer, dumping, or disposal of waste on premises, provided that trucks used for the transport of waste 27shall be parked and stored in conformance with the minimum distance requirement specified in Section 288.A.2. 29(6)Packaging and labeling services, excluding handling of materials prohibited in Section 308.A.5. 31(7)Lawn, garden, and tree maintenance services; landscaping contractors. 32(8)Recording and motion picture studios. 33(9)Catering and food services. November 9, 2010 163 ZONING DISTRICTS AND OVERLAY ZONES 1(10)Data processing services. 2(11)Research and development laboratories. 3(12)Commercial testing laboratories. 4(13)Medical and dental laboratories. 5(14)Upholstery and carpet steam cleaning businesses. 6(15)Towing companies with exterior storage. 7(16)Vegetation recycling as a conditional use to a solid waste operating and recycling 8facility. 9c.Storage, distribution, and wholesale uses; retail display and sales shall be prohibited unless 10specifically allowed in Sections 8.A.1., 8.A.2., or 8.A.3. 11(1)Warehouses, self service storage facilities (mini-warehouses) in accordance with Section 1211.0 storage lockers, and cold storage, excluding uses specifically prohibited in Section 8.A.5. 13(2)Industrial, commercial, office, professional, and business machinery, equipment, 14fixtures, tools, and supplies, excluding uses specifically prohibited in Section 8.A.5. 15(3)Household goods; storage, wholesale and distribution only; retail display or sales shall 16be prohibited unless specifically allowed in accordance with Sections 8.A.1., 8.A.2., 8.A.3., or 8.A.4. 17(4)Building materials, home improvement stores, lumber, door and window hardware, 18shades, shutters, blinds, and awnings; fencing, roofing, flooring, carpeting, tile, hardware, tools, paint, 19wallpaper, shelving, cabinets, furniture, partitions, kitchen and bathroom fixtures, pools and spas, glass and 20mirrors, plumbing and electrical supplies, and the like, including retail sales. 21(5)Finished concrete, brick, clay, and stone building and paving materials; sewer and water 22pipe, and culvert; storage, distribution, wholesale or retail sales. 23(6)Pumps, generators, motors, fire protection equipment, and irrigation equipment, 24including retail sales. 25(7)Heating, cooling, ventilating, refrigeration, solar energy, water conditioning and heating 26systems and equipment, and major appliances, including retail sales. 27(8)Pre-fabricated sheds, including retail sale. 28(9)Nurseries, greenhouses, lawn and garden equipment, tools, and supplies, including retail sale. 29 30(10)Monuments and gravestones, including retail sales. 31(11)Feed and farm supplies, excluding uses specifically prohibited in Section 8.A.5. 32(12)Trucks, buses, farm equipment, construction machinery, and utility trailers, 33including retail renting and sales. November 9, 2010 164 ZONING DISTRICTS AND OVERLAY ZONES 1(13)Passenger vehicles, boats and pickup trucks, excluding any retail sales or display, and 2excluding the keeping of vehicles in violation of Chapter 10, Article III of the City of Boynton Beach Code 3of Ordinances. 4(14)Automobile, vehicle, and boat parts, accessories, furnishings, and supplies; retail sales 5or display shall be prohibited as a principal use and shall be permitted only as an accessory use to repair, 6service, rebuilding, or installation services, where such services lawfully exist. 7(15)Mobile homes, limited to areas west of Interstate 95. 8(16)Ice and dry ice, including retail sales. 9(17)Live fish. 10d.Transportation, communication, utilities, and miscellaneous uses as follows: 11(1)Utilities, communications facilities, government, and public utilities shops and storage 12areas, police and fire stations, excluding uses specifically prohibited in Section 8.A.5. 13(2)Package express and messenger service. 14(3)Railroad switching yards, freight stations and terminals, storage facilities, and shops. 15(4)Recycling pick-up facilities for paper, glass, and cans from households. 16(5)Trade and industrial schools. 17(6)Radio or microwave receivers or transmitting towers, as an accessory use to a lawful 18principal use. 19(7)Ambulance dispatch service. 20(8)Community centers, operated by non-profit organizations, provided that no more than 2140% of the floor space is devoted to office use. 22 (9) Gymnastic centers. 23 (10) Adult entertainment establishments, in accordance with Section 11.M; 24e.Any commercial use which is not specifically listed as a permitted or conditional use in any 25other zoning district, and which is not listed as a prohibited use in the M-1 Zoning District. 262.Permitted uses subject to distance requirement. Within any M-1 industrial district, no building, 27structure, land, or water, or any part thereof shall be erected, altered, or used, in whole or in part for any of 28the following uses, unless a minimum distance of three hundred (300) feet is maintained between the use 29and residential-zoned property. Said distance shall be measured along a straight airline route from the 30property line of residential-zoned property to the building or portion of the lot where the specified use is 31located, except that those portions of the lot or structure which are located within the minimum distance 32may be used for lawful uses other than the uses listed below, subject to district building and site 33regulations. November 9, 2010 165 ZONING DISTRICTS AND OVERLAY ZONES 1Any use or process that would require conditional use approval under Section 8.A.4. or would be 2prohibited under Section 8.A.5. shall fully comply with the provisions of those sections, where applicable. 3a.Manufacturing, fabrication, and processing as follows: 4(1)Plastic products, limited to forming of plastics materials, including compounding of 5resins. 6(2)Rubber products, limited to forming of rubber materials; excluding tire and innertube 7manufacturing and rubber reclaiming. 8(3)Machine shops, welding and metalworking shops, tinsmiths, sheet metal fabrication, 9blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming of 10metals as either a principal or accessory use. 11b.Other uses as follows: 12(1)Asphalt paving, patching, roofing, and sealcoating, excluding asphalt and tar plants. 13(2)Building cleaning and janitorial services; swimming pool maintenance services. 14(3)Sandblasting on premises. 15(4)Bulk storage, distribution, wholesale or retail sale of topsoil, lime, gravel, limerock, 16shellrock, coal, minerals, crushed rock, sand, cinders, fertilizer, and the like, limited to an accessory use to 17a building materials store, garden shop, nursery, contractor, or other lawful principal use. 18(5)Trucking and transfer, and moving operations. 19(6)Contractors, operative builders, and trade contractors shops and storage areas. 20(7)Parking or storage of trucks used for the transport of septic tank waste or other liquid 21wastes. 22(8)Pet care (boarding and daycare). Pet care (boarding and daycare) operations in excess of 23six hundred (600) feet from residentially zoned property, measured property line to property line. Pet care 24(boarding and daycare) operations that are located within six hundred (600) feet of residentially zoned 25property shall be subject to conditional use review and approval. External kenneling shall be allowed for 26those operations in excess of six hundred (600) feet from residentially zoned property. Such uses shall also 27comply with the requirements of Section 4-4 of Part II, Chapter 4 of the Code of Ordinances, except that 28the maximum enclosure size and area standards within 4-4(b)2.a shall not apply. 29(Ord. No. 09-012, § 6, 2-3-09) 303.Any use which uses, handles, stores, displays, or generates hazardous materials, hazardous 31waste, or a toxic substance, as the same are defined by 40 Code of Federal Regulations, Part 261 or the 32Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, shall require Fire 33Department Hazardous Material Disclosure in accordance with Part II, Section 9-71 of this code. 34a.Manufacturing, fabrication, and processing as follows: 35(1)Dairy products. November 9, 2010 166 ZONING DISTRICTS AND OVERLAY ZONES 1(2)Canned, frozen, or preserved food. 2(3)Beverages and bottling. 3(4)Confections. 4(5)Prepared meat, seafood, and poultry products. 5(6)All other food products, not specifically permitted in Section 8.A.1. or prohibited in 6Section 8.A.5. 7(7)Furniture,cabinets, and wood fixtures, with gross floor area of shop of greater than two 8thousand (2,000) square feet. 9(8)Printing, publishing, bookbinding, engraving, and allied industries. 10(9)Pharmaceuticals and biological products. 11(10)Cosmetics. 12(11)Plastics products, limited to forming of plastics materials, including compounding of 13resins, where such uses would be established within the minimum distance requirement specified in Section 148.A.2. 15(12)Rubber products, limited to forming of rubber materials, and excluding tire and 16innertube manufacturing and rubber reclaiming, where such uses would be established within the minimum 17distance requirement specified in Section 8.A.2. 18(13)Fiberglass fabrication and repair, including fiberglass boat fabrication and repair. 19(14)Machine shops, welding and metalworking shops, tinsmith, sheet metal fabrication, and 20blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming of 21metals as either a principal or accessory use, where such uses would be established within the minimum 22distance requirement specified in Section 8.A.2. 23(15)Electrical and electronic goods involving processes other than assembly of parts or 24materials. 25(16)Vehicles, transportation equipment, and boats; farm and construction machinery. 26(17)Mobile homes, provided that such uses shall be located west of Interstate 95. 27(18)Plated ware manufacture; industrial electroplating and anodizing as either a principal or 28accessory use; replating shops. 29(19)Chemical cleaning and etching of metals, limited to an accessory use to a lawful 30principal use only. 31b.Commercial services and contractors, as follows: 32(1)Concrete contractors and pumping service, excluding concrete plants. November 9, 2010 167 ZONING DISTRICTS AND OVERLAY ZONES 1(2)Contractors, operative builders, and trade contractors shops and storage areas, where 2such uses would be established within the minimum distance requirement specified in Section 8.A.2. 3(3)Automobiles, buses, trucks, and other motor vehicles; construction and farm equipment; 4service, repair, rebuilding, and storage, excluding the keeping of vehicles in violation of Chapter 9, Article 5III, of the City of Boynton Beach Code of Ordinances, and excluding automobile service stations selling 6motor fuels at retail. 7(4)Boat storage, service, repair, rebuilding, and customizing. 8(5)Furniture cleaning, stripping, and refinishing. 9(6)Exterminating, fumigating, and disinfecting services. 10(7)Print shops, photographic laboratories, commercial photography, commercial art, 11silkscreening, lithography, typesetting, and blueprinting services. 12(8)Uniform, towel, and linen supply services; industrial launderers; laundry and dry- 13cleaning plants, excluding retail pickup and drop-off on premises; carpet and rug cleaning plants. 14(9)Tire recapping. 15(10)Building cleaning and janitorial services and swimming pool maintenance services, 16where such uses would be located within the minimum distance requirement specified in Section 8.A.2. 17c.Storage, distribution, wholesale, and other uses, retail display and sales shall be prohibited 18unless specifically permitted below or elsewhere in this section. 19(1)Petroleum and petroleum products, including solvents and liquified petroleum gas; bulk 20or nonbulk storage, sales, or distribution. 21(2)Chemicals, pesticides, and herbicides, excluding bulk storage, bulk sales, or bulk 22distribution. 23(3)Bulk or nonbulk wholesale or retail sale of solvents and cleaning preparations, including 24formulating of cleaning preparations for sale on premises. 25(4)Industrial and medical gases; bottled or bulk storage, sales or distribution, excluding 26chlorine, fluorine, ammonia, hydrogen sulphide, sulphur dioxide, or toxic gases. 27(5)Temporary amusement parks and rides, fairs, carnivals, circuses, and revivals, provided 28that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road 29and the major access thereto, and that the duration of any such use shall not exceed fourteen (14) 30consecutive days within any one-year period. 314.Conditional uses. Within any M-1 industrial district, no building, structure, land or water, or 32any part thereof shall be erected, altered, or used, in whole or part, for one or more of the following uses, 33unless a conditional use approval is secured according to the standards and procedures set forth in Section 3411.2 of these zoning regulations; provided, however, that any use or process that would be subject to a 35minimum distance requirement under Section 8.A.2. or would be prohibited under Section 8.A.5., shall 36fully comply with the provisions of those sections, where applicable. November 9, 2010 168 ZONING DISTRICTS AND OVERLAY ZONES 1a.Millwork and truss plants, provided that such uses conform to the minimum distance 2requirement specified in Section 8.A.2. 3b.Commercial television, radio and microwave broadcasting or relay towers. 4c.Arenas, stadiums, frontons, convention and exhibition halls, and racetracks, provided that all 5such uses shall have a minimum frontage of two hundred (200) feet on a collector or arterial road, and shall 6have the major access thereto. 7d.Helistops, limited to an accessory use to a lawful principal use. 8e.Cutting of sub-primal portions of meat and pre-cut poultry into serving portions including 9packaging and shipping where pre-cut portions (entering the facility) will not exceed 10 pounds and waste 10generated will not exceed 1% of pre-cut product. 11f.“Indoor Athletic Instruction/Training, including the following uses: Gymnastic Centers; 12Dance/Jazzercise/Pilates Instruction; Cheerleading Instruction; Karate Instruction; Indoor Batting/Golf 13Instruction; and other similar types uses having the same characteristics and special needs, as confirmed by 14staff”. 15g.Medical or scientific research which involves the use, treatment, storage or processing of 16human or animal bodies or body parts. 17h.Carwashes. 185.Prohibited uses. Within any M-1 industrial district, no building structure, land, or water, or any 19part thereof shall be erected, altered, or used, in whole or in part, for any use not specifically allowed in 20accordance with Sections 8.A.1., 8.A.2., 8.A.3., or 8.A.4. of these zoning regulations, or for any of the 21following expressly prohibited uses: 22a.Manufacturing, fabrication, processing, and extraction as follows: 23(1)Grain and feed products; crop processing. 24(2)Vegetable fats and oils. 25(3)Distilling and brewing. 26(4)Seafood processing. 27(5)Slaughtering and rendering of meat and poultry processing, and dressing, from carcasses. 28(6)Stockyards and feeding pens; keeping, raising, or slaughter of livestock, horses, or 29poultry. 30(7)Rendering of animal or marine fats, oils, and other products; use of unprocessed bones, 31fat, hooves, horns, or other unprocessed animal products for the production of glue, soap, lard, oils, or 32fertilizer. 33(8)Sugar processing and refining. 34(9)Commercial production of field or tree crops. November 9, 2010 169 ZONING DISTRICTS AND OVERLAY ZONES 1(10)Leather tanning, curing, finishing, and coloring; storage of raw hides or skins. 2(11)Tobacco processing and tobacco products manufacturing. 3(12)Weaving, spinning, knitting, dyeing, or treating of textile mill products. 4(13)Pulp mills; paper and paperboard mills; converted paper and paperboard products not 5specifically permitted in Section 8.A.1.a.(8) of these zoning regulations. 6(14)Chemicals and allied products not specifically allowed elsewhere in this section. 7(15)Wood preserving, pressure treating, and drying. 8(16)Fertilizer, pesticides, herbicides, and agricultural chemicals. 9(17)Explosives, ammunition, matches, and fireworks. 10(18)Petroleum refining. 11(19)Petroleum, asphalt, tar, and coal products. 12(20)Plastics, manufacturing of resins, primary plastics materials, synthetic rubber, cellulose, 13and synthetic fibers. 14(21)Rubber, manufacture of primary rubber materials, tires and innertubes, and rubber 15reclaiming. 16(22)Soaps, detergents, and cleaning preparations, other than mixing or blending. 17(23)Paints, varnishes, lacquers, enamels, and allied products, other than mixing or blending. 18(24)Cement, concrete, gypsum, lime, and plaster manufacture, and products made 19therefrom, other than those uses specifically permitted in Section 8.A.1.a. 20(25)Brick, firebrick, terra cotta, clay pipe, structural clay tile, and refractories. 21(26)Asbestos products. 22(27)Processing of rock, sand, gravel, shellrock, limerock, mineral earths, and the like. 23(28)Primary metals manufacturing; smelting, refining, mills, furnaces, and foundries, 24except as specifically allowed in accordance with Sections 8.A.1., 8.A.2., or 8.A.3. 25(29)Drop forging. 26(30)Chemical cleaning or etching of metals as a principal use, or any chemical descaling of 27metals. 28(31)Coal or coke fired kilns and furnaces; coke ovens. 29(32)Mining or quarrying, including removal of rock, sand, muck, marl, soil, gravel, or 30shellrock, except as incidental or necessary for construction on the premises. 31(33)Aerosol filling and packaging. November 9, 2010 170 ZONING DISTRICTS AND OVERLAY ZONES 1(34)Liquid, oil, or chemical electric transformers, manufacture or rebuilding. 2b.Storage, distribution, wholesale, retail, and services, as follows: 3(1)Any retail display or sale, not specifically allowed elsewhere in this section. 4(2)Farmers' markets. 5(3)Flea markets, sales bazaars, swap shops, trading posts, and the like; sale or display of 6used retail merchandise, other than completely rebuilt or refinished merchandise where such uses would be 7allowed in accordance with Section 8.A.1. 8(4)Crematoriums and the like. 9(5)Explosives, ammunition, matches, and fireworks. 10(6)Bulk storage, bulk distribution, or bulk sale of chemicals and allied products. 11(7)Compressed chlorine, fluorine, ammonia, hydrogen sulphide, sulfur dioxide, or toxic 12gases. 13(8)Bulk storage, bulk sale, or bulk distribution of pesticides, herbicides, or agricultural 14chemicals. 15(9)Offices or restaurants, except as an accessory use to a lawful principal use. 16(10)Agricultural fertilizing, and chemical pest, disease, weed, or soil treatment services. 17(11)Truck stops or automobile service stations. 18(12)Boarding kennels; guard dog kennels and training services. 19(13) Any open storage or display, unless adequately screened, except that growing plants 20which are stored or displayed shall not require screening. Any exterior storage of motor vehicles or boats 21in a wrecked condition shall be permitted only in connection with a lawful principal use allowed elsewhere 22in this section, and shall be adequately screened. Furthermore, the open storage of farm tractors and 23implements, shovels or cranes, and special mobile equipment as defined by Section 316.003, Florida 24Statutes shall be adequately screened. 25c.Transportation, communication, utilities, and miscellaneous uses as follows: 26(1)Chemical and toxic waste storage or disposal; tank truck cleaning. 27(2)Land fill operations. 28(3)Airports, airfields, and landing strips. 29(4)Heliports. 30(5)Residences and trailer parks; use of vehicles or house trailers as living quarters. 31(6)Storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other 32waste materials, except as specifically allowed elsewhere in this section. November 9, 2010 171 ZONING DISTRICTS AND OVERLAY ZONES 1(7)Recycling sorting or processing facilities. 2(8)Animal disposal facilities. 3(9)Incinerators of any type. 46.Building and site regulations: 5Minimum lot area10,000 square feet 6Minimum lot frontageNone 7Minimum front yard15 feet* 8Minimum side yard 9(interior)15 feet one side 10Minimum side yard 11(corner)15 feet street side 12Minimum rear yard20 feet** 13Maximum lot coverage60 percent 14Maximum height45 feet, not to 15exceed 4 stories 16*Except where rear of the lot abuts a paved alley or street, then no side setback shall be required. 17**Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten 18(10) feet. 19Note: Where lots abut a residential area, the corresponding side and/or rear setback shall be a 20minimum of thirty (30) feet. 21All necessary roof-mounted mechanical equipment shall be sound baffled. 227.Off-street parking. As provided in Section 11.H. hereinafter. 23B.Corridor uses and regulations. Within any M-1 industrial district located along streets designated 24as "arterial" roadways on the Functional Classification of Roadways Map, the following use provisions, 25regulations and standards shall apply. 261.Allowed commercial and retail uses. The uses listed in the following table are allowed, provided 27that they are located in a multi-tenant building; they do not exceed five thousand (5,000) square feet in area 28(except convenience stores and take-out restaurants are limited to a maximum of two thousand five 29hundred (2,500) square feet); seats provided to accommodate the on-site consumption of foods and 30beverages shall be limited to a maximum of twelve (12), including any outdoor seating; professional and 31business offices are restricted to upper floors; they exclude any drive-through, drive-up or drive-in 32facilities; and provided the availability of parking in accordance with Chapter 2, Zoning, Section 11.h.16. 33Furthermore, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. November 9, 2010 172 ZONING DISTRICTS AND OVERLAY ZONES Commercial, Retail and Office Uses Automotive parts store Hardware store Automatic car wash (polishing, waxing, Marine accessories detailing)* Automotive/vehicle repair, minorMartial arts, gymnastics, and dance studio Blind, shutter, shade, and awning fabrication Pet care (grooming)*** Convenience storePet care (boarding & daycare)** Copying, printing, and sign designPet care (veterinarian services)*** Day care Postal/mail center Dry cleanerProfessional and business offices Electronics store Restaurant, take-out FloristSwimming pool supplies & accessory cleaning Furniture & home furnishing 1*Indicates conditional use approval required and minimum separation of three hundred (300) feet from 2residential-zoning district. 3**Indicates conditional use approval required if the use is located within six hundred (600) feet of a 4residential- zoned district. External kenneling is prohibited within six hundred (600) feet of a residential- 5zoned district. 6***Indicates boarding and daycare are allowed as an accessory use and not subject to conditional use 7review and approval, unless the accessory use exceeds twenty-five percent (25%) of the floor area of the 8principal use or two thousand five hundred (2,500) square feet, whichever is less. External kenneling is 9prohibited within six hundred (600) feet of a residential-zoned district. 102.Allowed industrial uses. The following uses are allowed, provided that they contain a showroom 11component for the promotion of products or services consisting of at least two hundred fifty (250) square 12feet (a minimum of one percent (1%) of the floor area is required for uses greater than twenty-five thousand 13(25,000) total square feet); seats provided to accommodate the on-site consumption of foods and beverages 14shall be limited to a maximum of twelve (12), including any outdoor seating; they exclude any drive- 15through, drive-up or drive-in facilities; there is no outdoor storage of equipment, materials or merchandise; 16and the separation requirement of Section 8.A.2. be met for those uses or processes described therein. November 9, 2010 173 ZONING DISTRICTS AND OVERLAY ZONES Industrial Uses with Commercial Component Manufacturing/Fabrication/Processing: Artist and craftsman shopsMedical equipment & supplies Bakery, commercialMetal, fabricated products Beverage mfg./bottlingMotor vehicle seating & interior trim Confections, commercialPharmaceutical & Medicine Dairy products mfg. Plastic products Food processing or packaging (including meats) Rubber products Footwear & other leather productsSailmaking and canvas goods Frozen food (including ice cream & desserts Soap, toiletry & cosmetics Furniture products Textile products Glass products Wood products Household goods (see 8.A.1.a.19) Commercial Services: Data processing services**Household goods (see 8.A.1.b.2) including retail Furniture/upholstery covering & repairing Publishing & commercial printing Storage/Distribution/Wholesale: Building materials (see 8.A.1.c.4)Ornamental, china, fine earthenware, & pottery Heating, cooling, etc. (see 8.A.1.c.7)Pumps, generators etc. (see 8.A.1.c.6) November 9, 2010 174 ZONING DISTRICTS AND OVERLAY ZONES Other:** Recording and motion picture studiosResearch & Development* 1* Indicates conditional use if involving treatment, storage, or processing of human or animal bodies or parts. 2 3** Indicates uses that are not required to have showroom space. 43.Prohibited uses. Notwithstanding any other provision of Section 8.A., all uses not specifically 5listed in subsection B.1. and B.2. are hereby designated prohibited uses on properties which abut an arterial road. 6 74.Exemptions. Notwithstanding any provision of Section 8.A. or B., those self-storage and car 8wash businesses approved and operational at the effective date of these regulations, are exempt from the 9restrictions of this section. 10(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, 11§§ 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- 1204; 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; Ord. 13No. 08-020, § 2, 8-19-08; Ord. No. 09-012, § 7, 2-3-09) 14 15 November 9, 2010 175 ZONING DISTRICTS AND OVERLAY ZONES B. PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICT 1 2 1. General. 3 4 a. Purpose and Intent. 5 The purpose of the M-1 zoning district is 6to implement the Industrial (I) and Development of Regional Impact 7(DRI) Future Land Use Map (FLUM) classifications of the 8Comprehensive Plan. The intent of this planned district is to: 9 10(1) Provide for current demands for light industrial and other 11compatible uses in a planned setting. This district is intended for 12development that reflects changes in technology and is capable 13of being designed sensitive to the environment; 14 15(2) Create a desirable environment for employees, customers 16and others traversing the PID as well as with respect to current 17and future adjacent residential development; require economies 18of scale in providing public services; require placement within 19close proximity to other employment centers; and provide 20internal and external connectivity through optimal design and 21access to available modes of transportation. 22 b. Prerequisite Location Standards. 23 The PID district is optimum 24when there is an opportunity to promote sustainability with respect to 25land use, energy conservation, resource management, and social equity. 26Rezoning to the PID district is encouraged for proposed development or 27redevelopment on lands that are in close proximity to existing 28infrastructure, public and alternative transportation routes and modes, 29employment centers, community areas, or have sustained or are 30complicated by environmental contamination. 31 32In reaching recommendations and decisions as to zoning land to PID, 33the advisory board and City Commission shall apply the following 34location standards, in addition to the standards applicable to the 35rezoning of land generally: 36 37(1) Relation to major transportation facilities. A PID shall 38be so located with respect to major roadways or other 39transportation facilities as to provide direct access to it without 40creating or generating traffic along streets in residential areas or 41districts outside it. 42 43(2) Extensions of city-maintained waterlines, sewer lines, 44pumping stations, streets and storm sewers, etc., shall be 45constructed at no expense to the city and all such construction 46shall be in accordance with city ordinances and specifications. 47 November 9, 2010 176 ZONING DISTRICTS AND OVERLAY ZONES 1(3) The site shall be suitable for development in the manner 2proposed without hazards to persons or property, on or off the 3tract, from probability of flooding, erosion, or other dangers, 4annoyances, or inconveniences. Condition of the soil, 5groundwater level, drainage and topography shall all be 6appropriate to both kind and pattern of use intended. 7 2. Use(s) Allowed and Use Approval. 8Pursuant to Chapter 3, Article IV, 9Section 3.C.6, in the PID, a building and its customary ancillary structures and 10land uses may be erected, altered and occupied for any industrial, office/ 11professional, commercial business (wholesale or retail) use; educational and 12institutional uses; adult entertainment use (subject to additional restrictions 13within the Land Development Regulations); recreational and attraction uses (as 14defined for the Industrial Future Land Use classification); and town home, 15multi-family, and mixed-uses and projects in a PID, qualifying for a Mixed-Use 16Pod. NOTE: All uses described in this section must be approved by the City 17Commission for placement on the respective PID List of Approved Uses, 18through the Use Approval Process (see Chapter 2, Article II, Section 3.C). In 19approving uses for a PID, the City Commission shall make findings that the use 20or uses proposed will not be in conflict with the Operational Performance 21standards listed in Chapter 3, Article IV, Section 1 of these regulations, and are 22consistent with the intent and purpose of this section. 23 3. Building and Site Regulations (Table 3-23). 24 25 BUILDING / SITE REGULATIONS PID District 1 Minimum project area:25 acres Minimum lot frontage:Flexible Minimum yard setbacks: Front: 30 feet Rear: 30 feet Interior side: 20 feet Corner side: 30 feet 2 Maximum lot coverage:60% Building Separation: 25 feet 3 Maximum Floor Area Ratio (FAR):0.5 4 Maximum structure height: 45 feet 26 1 27Twenty-five (25) contiguous acres. 28 2 29The gross floor area of the building and accessory 30structures shall not exceed 60% of the lot on which it is 31constructed. 32 November 9, 2010 177 ZONING DISTRICTS AND OVERLAY ZONES 3 1A Floor Area Ratio (FAR) of up to 0.50 may be 2considered for industrial land uses allowed in the PID zoning 3district (see “Use Matrix” – Chapter 3, Article IV, Section 3.D), 4pursuant to the Industrial Future Land Use classification of the 5Comprehensive Plan. 6 4 7No more than four (4) stories, with the exception of 8buildings in Mixed-Use Pod of the PID pursuant to Section 6.B.8 9below. 10 4. Review and Approval Process. 11 12 a. 13 All development and redevelopment within the PID district shall 14be governed by a master plan with approval granted by the City 15Commission in accordance with Chapter 2, Article II, Section 2.D.6. 16 b. 17 Site plan approval shall be required in accordance with Chapter 182, Article II, Section 2.F prior to application for building permit. 19 5. Parking. 20 Required off-street parking is regulated in accordance 21with Chapter 4, Article V Minimum Off-Street Parking Requirements. 22 6. Modifications . 23Any modification proposed within the PID shall 24be in conformance with Master Plan modifications pursuant to Chapter 2, 25Article II, Section 3.A. 26 7. Miscellaneous. 27 28 a. Perimeter Landscape (Greenbelt) Buffer 29 See Chapter 4, 30Article II, Section 4.C.3. 31 b. Off-street Loading. 32 See Chapter 4, Article VI, Section 3.B. 33 c. Building Permit. 34 No building permits shall be issued unless 35and until platting procedures and the requirements outlined in Chapter 2, 36Article III, Section 2 of the Land Development Regulations are 37completed in every respect. 38 d.Exterior Storage of Merchandise and Equipment. 39See 40Chapter 3, Article V, Section 8 for the regulations pertaining to the 41permanent exterior storage of merchandise and equipment. 42 8. Mixed-Use Pods 43. 44 a. Intent. 45 The purpose of these provisions is to establish 46small mixed-use nodes containing a combination of residential, 47commercial and office uses in close proximity to employment centers November 9, 2010 178 ZONING DISTRICTS AND OVERLAY ZONES 1and available modes of transportation, while also meeting the intent of 2the PID district described above.The Mixed-Use Pod is intended for a 3master planned setting that provides optimal internal and external 4connectivity for residents, employees, and other visitors, and generally 5follows the livability and connectivity standards promoted in the Smart 6Growth initiative. For the purpose of this subsection, a Mixed-Use Pod 7is defined as a development project located within a previously approved 8PID. The following criteria shall apply to Mixed-Use Pods proposed for 9development within an approved PID: 10 b. Establishment of a Mixed-Use Pod. 11To ensure 12attainment of these designs objectives, as well as to accommodate 13adequate buffering to ensure compatibility among varying uses, a PID 14district eligible for a Mixed-Use Pod must contain a minimum of 500 15consolidated acres. The establishment of a Mixed-Use Pod shall also 16conform to the requirements of this section, and be in accordance with 17the process requirements of Master Site Plan within a Mixed-Use Pod 18(Chapter 2, Article II, Section 3.A. 19 c. Density. 20 The PID district corresponds with the Industrial (I) and 21Development of Regional Impact (DRI) FLUM classifications; however, 22residential uses are only allowed within a Mixed-Use Pod of a PID that 23has a DRI FLUM classification. Maximum residential densities shall be 24in accordance with the thresholds established for the respective DRI. 25 d. Use(s) Allowed 26. Pursuant to Chapter 3, Article IV, Section 273.C.6, Mixed-Use Pod within the PID district shall contain the following 28mix of uses within one (1) or more Mixed-Use Pods within the PID 29district: 30 31(1) Townhouse and / or multi-family residential; 32 33(2) Commercial / retail; and 34 35(3) Business and professional offices. 36 37Townhouse and multi-family residential, if located on parcels 38fronting on an arterial roadway, shall be integrated into a mixed- 39use project (vertical or horizontal), including one (1) or more of 40the uses listed below. The intent of this provision is to further 41the intent and purpose of both the PID district and Mixed-Use 42Pod regulations by requiring developments along the streetscape 43that benefit motorists and pedestrians alike, through proper 44orientation, visual attributes, desirable commercial, retail, and 45office uses and services. Allowed uses within the Mixed-Use 46Pod shall be limited to those conditional and permitted uses in 47the C-1 and C-2 zoning districts and the permitted uses in the C- November 9, 2010 179 ZONING DISTRICTS AND OVERLAY ZONES 13 zoning district as indicated by the Use Matrix (see Chapter 3, 2Article IV, Section 3.D). 3 e. Building and Site Regulations. 4 5 6(1) The maximum building height within a Mixed-Use Pod 7shall not be greater than seventy-five (75) feet. Any building 8exceeding forty-five (45) feet in height shall be processed as a 9conditional use. 10 11(2) Building height measurement. Building height 12shall be measured from the lowest finish floor slab elevation of 13the proposed building to the peak of the structure, including any 14architectural details, stairwells, elevator shafts, etc. 15 16(3) Height setback envelope. Minimum building setbacks 17shall be based on building heights for buildings greater than 18forty-five (45) feet in height. The height setback envelope is 19applicable where the Mixed Use development is adjacent to an 20existing developed single-family residential zoning district 21outside the PID. This minimum setback shall be three (3) times 22the building height for any multi-family or nonresidential 23structure. The setback shall be measured from the common 24boundary of the PID and the existing single-family residential 25zoning district of the midpoint of any intervening right-of-way. 26 f. Parking. 27 As required by Chapter 4, Article V. 28 g. Modifications 29. 30 31(1) Any modification proposed to a Master Site Plan for a 32Mixed-Use Pod within a PID shall be in conformance Chapter 2, 33Article II, Section 3.A.6. 34 35(2) Any modification proposed to a Technical Site Plan 36within a Master Site Plan of a Mixed-Use Pod within a PID shall 37be in conformance with Chapter 2, Article II, Section 4.H. 38 h. Miscellaneous 39. Any request to waive a standard zoning 40regulation within the Mixed-Use Pod shall be in accordance with 41Chapter 2, Article II, Section 3.D. 42 43 Section 7. Planned industrial development district. 44A.INTENT AND PURPOSE. A planned industrial development district (PID) is established. The 45purpose of this district is to provide a zoning classification for light industrial development that will better 46satisfy current demands for light industrial zoned lands by encouraging development which will reflect 47changes in the technology of land development and relate the development of land to the specific site and November 9, 2010 180 ZONING DISTRICTS AND OVERLAY ZONES 1to conserve natural amenities. Regulations for the PID are intended to accomplish a more desirable 2environment for industrial development in relation to existing and/or future city development, permit 3economies in providing public services, allow for economies of scale in industrial development, and to 4promote the public health, safety, convenience, welfare and good government of the City of Boynton 5Beach. PID districts may contain Mixed Use Pods with retail, commercial, office, and residential 6components, subject to the design and approval criteria hereinafter set forth. 7B.DEFINITION. A “planned industrial development”: 81.Is land under unified control, planned and developed as a whole in a single development 9operation or an approved programmed series of development operations for industrial buildings and related 10uses and facilities; 112.Provides for an industrial district of efficient and harmonious design so arranged as to create an 12attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas 13and developments; 143.Is developed according to comprehensive and detailed plans for streets, utilities, lots, building 15sites, etc., and site plans, floor plans and elevations for all buildings intended to be located, constructed, 16used and related to one another, and detailed plans for other uses and improvements on the land related to 17the buildings; and 184.Includes a program for full provision, maintenance, and operation of such areas, improvements, 19facilities and services for common use by the occupants of the PID, but will not be provided, operated or 20maintained at public expense. 21C.MINIMUM LAND AREA FOR PID. The minimum land area for a planned industrial 22development shall be twenty-five (25) contiguous acres. 23D.UNIFIED CONTROL. All land included for purpose of development within district shall be under 24the control of the applicant (an individual, partnership, or corporation or group of individuals, partnerships, 25or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the 26unified control of the entire area within the proposed PID. The applicant shall agree to: 271.Proceed with the proposed development according to the provisions of these zoning regulations 28and conditions attached to the zoning of the land to PID; 292.Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for 30completion of the development according to the plans approved at the time of zoning to PID and for 31continuing operations and maintenance of such areas, functions, and facilities as are not to be provided, 32operated, or maintained at public expense; and 333.Bind their successors in title to any commitments made under subsection D.1 and 2 above. All 34agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to 35PID classification shall be adopted without a certification by the city attorney that such agreements and 36evidence of unified control meet the requirements of these zoning regulations. 37E.USES PERMITTED. In the PID, a building and its customary ancillary structures and land uses 38may be erected, altered and occupied for any office, professional, business (wholesale or retail), 39educational institution, adult entertainment establishments* in accordance with Section 11.M., recreational November 9, 2010 181 ZONING DISTRICTS AND OVERLAY ZONES 1and attractions as defined for the industrial land use classification, multi-family residential, and mixed use 2residential/commercial uses in PID's totaling a minimum of 500 acres or industrial use provided that such 3use or uses is/are approved by the planning and development board. In approving uses in the PID, the 4planning and development board shall make findings that the use or uses proposed will not be in conflict 5with the performance standards listed in Section 4.N. of these zoning regulations, and that the use or uses 6proposed is/are consistent with the intent and purpose of this section. For the purpose of this section, 7educational institution shall mean a public, quasi-public or private facility that offers instruction to students 8for one (1) or more of the following needs: preschool programming; tutoring; kindergarten, elementary and 9secondary grades schooling; higher learning for the purpose of granting degrees in a particular field and 10occupational or industrial, technical training. In addition, uses permitted are subject to limitations as 11follows: 121.Outdoor storage of materials may be permitted based on a finding of the planning and 13development board that such storage does not exceed fifteen (15) per cent of the total square footage of the 14building site and that such storage is screened and fenced to preclude exposure to the public; and 152.Any use approved by the planning and development board for a particular PID which uses, 16handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the 17same may be defined by 40 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth 18in Rule 4A-62.004, Florida Administrative Code, shall also require Fire Department Hazardous Material 19Disclosure, in accordance with Part II, Section 9-71 of this code. 20Any use approved by the planning and development board for a particular PID which uses, 21handles, stores, or displays hazardous materials, or which generates hazardous waste, as defined by 40 22Code of Federal Regulations, Part 261, shall also require an environmental review permit in accordance 23with Section 11.3 of these zoning regulations. 24F.USES PROHIBITED. 251.Residential uses with the exception of accessory hotels or motels. Multi-family and mixed use 26residential /commercial uses are allowed in PID's with gross acreage totaling at least 500 acres. 272.Acid manufacture. 283.Cement and/or lime manufacture or processing. 294.Lumber yards. 305.Asphalt and tar plants. 316.Manufacture or storage of explosives. 327.Packing plants, canning plants or slaughter yards. 338.Petroleum storage, refining or transfer. 349.Stockyards. 3510.Rendering plants or glue works. 3611.Pulp or paper mills. November 9, 2010 182 ZONING DISTRICTS AND OVERLAY ZONES 112.Parking of house trailers and use of such trailers as living quarters. 213.Chemical plants. 314.Fertilizer manufacturing and/or distribution. 415.Crematoriums. 516.Dyeing plants. 617.Junk and salvage yards. 718.Sanitary landfill operations. 819.Smelting and casting operations (except investment type casting). 920.Concrete mixing plants. 10G.LOCATIONAL STANDARDS FOR PID'S. In reaching recommendations and decisions as to 11zoning land to PID the planning and development board and the governing body shall apply the following 12locational standards, in addition to the standard's applicable to the rezoning of land generally: 131.Relation to major transportation facilities. A PID shall be so located with respect to major 14roadways or other transportation facilities as to provide direct access to it without creating or generating 15traffic along streets in residential areas or districts outside it. 162.Extensions of city-maintained waterlines, sewer lines, pumping stations, streets and storm 17sewers, etc., shall be constructed at no expense to the city and all such construction shall be in accordance 18with city ordinances and specifications. 193.Physical character of the site. The site shall be suitable for development in the manner proposed 20without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other 21dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography 22shall all be appropriate to both kind and pattern of use intended. 23H.DESIGN CRITERIA. 241.Paving. All paving shall comply with specifications and standards set forth and established by 25the city engineer. 262.Off-street parking. One and one-half (ll/2) parking spaces shall be provided for each two (2) 27employees on a maximum shift. In addition, visitor parking shall be provided which is deemed adequate to 28serve the needs of the particular use by the planning and development board. 293.Driveways. In the interest of public safety, no more than two (2) driveways shall be permitted 30on to any single perimeter public right-of-way, and interior driveways shall be limited to no more than two 31(2) per developable parcel and interior driveways shall be located no closer than one hundred and fifty 32(150) feet from center line to center line. 334.Utility transmission lines, etc. All utility transmission lines, conduits, conveyances or other 34devices or apparatus for the transmission of utility services and products, including all franchised utilities, 35shall be constructed and installed beneath the surface of the ground with the exception of main overhead November 9, 2010 183 ZONING DISTRICTS AND OVERLAY ZONES 1feeder lines. Appurtenances to these systems which require aboveground installation shall be effectively 2screened, and, thereby, may be excepted from this requirement. 35.Solid waste and refuse disposal. Plans for solid waste and refuse disposal shall conform to and 4be approved by the city and county health departments. 56.Sanitary sewage system. Sewage system will be furnished and installed in accordance with city 6standards and other pertinent city ordinances. 77.Public water system for both domestic use and fire protection. Water systems must be installed 8in accordance with city standards and other pertinent city ordinances. 98.Storm water system. When approved positive drainage is not available, on-site containment of 10storm water run-off shall be provided by the developer. Details of the on-site system shall be approved by 11the city engineer. 129.Access to perform necessary public services. The developer and/or owner shall dedicate to city 13any easement that city deems necessary for public services and said dedication shall provide that developer 14and/or owner shall hold city harmless for any of its acts performed within or abutting said easements if any 15loss or damage is caused to abutting property. 1610.Off-street loading. In no instance shall off-street loading facilities front on a public right-of- 17way and in no event shall these facilities be located within eyesight of residential district. 1811.Plot coverage. The gross floor area of the building and its accessory structures shall not 19exceed sixty per cent (60%) of the plot on which it is constructed. 2012.Open space. Each plot to be developed shall contain a minimum of twenty per cent (20%) 21unobstructed, nonvehicular open space. All open portions of any lot shall have adequate grading and 22drainage, and shall be continuously maintained in a dust-free condition by suitable landscaping with trees, 23shrubs or planted ground cover. The design of such landscaping and the measures taken to insure its 24maintenance shall be subject to the approval of the planning and development board. 2513.Maximum building height. No building or appurtenances thereof shall exceed forty-five (45) 26feet in height, with the exception of buildings in Mixed Use POD pursuant to Section 7.P.1.e.1. 2714.Distance between buildings. No building shall be constructed closer than twenty-five (25) feet 28to another principal building on the same lot or parcel of land. 2915.District setbacks. Front, thirty (30) feet; side, twenty (20) feet; rear, thirty (30) feet. 3016.Peripheral greenbelt. The project area shall be enclosed on all sides with the exception of 31accessways for traffic and freight by a landscaped area with a minimum width of twenty-five (25) feet 32except when such property abuts a residential district such greenbelt shall have a minimum width of forty 33(40) feet. 34It shall be the responsibility of the owner or developer to carry out this requirement, and to 35provide such maintenance or guarantee of maintenance, subject to planning and development board. 36I.PROCEDURESFOR ZONING LAND TO PID. The procedure for zoning land to the PID 37classification shall be the same as for zoning land generally. Because of the differences in PID November 9, 2010 184 ZONING DISTRICTS AND OVERLAY ZONES 1developments and the concept of unified control in development, the following procedures and 2requirements shall apply to applications for zoning to the PID classification in addition to the general 3requirements. 41.Applications; materials to be submitted. In addition to information required for application for 5zoning generally, the applicant shall submit the following materials or data: 6a.Legal documents assuring unified control of the proposed PID and the agreements required 7under subsection D. 8b.A master site development plan containing: 9(1)The title of the project and the names of the professional project planner and the 10developer; 11(2)Scale, date, north arrow, and general location map; 12(3)Boundaries of the property involved, all existing streets, buildings, watercourses, 13easements, section lines and other existing important physical features in and adjoining the project; 14(4)Site plan of locations of land uses including but not limited to industrial areas, greenbelts 15and proposed rights-of-way; 16(5)Master plan showing access and traffic flow; and 17(6)Tabulations of total gross acreage in the development and the percentages thereof to be 18devoted to the various land uses. 19c.Repealed by Ord. No. 78-37, § 1. 20J.PLANNING AND DEVELOPMENT BOARD FINDINGS. After public hearing, the planning and 21development board may recommend to the governing body that the PID zoning be granted, subject to stated 22stipulations and conditions, or disapproved. In making its recommendations, the planning and development 23board shall find that the plans, maps, and documents submitted by the applicant and presented at the public 24hearing do or do not establish that the applicant has met the requirements of subsection I of these 25regulations applicable to zoning generally, and in addition: 261.The requirements of unified control and agreements set out in subsection D; 272.The locational standards set out in subsection G; 283.The internal PID standards set out in subsection H; 294.The tract for the proposed PID is suitable in terms of its relationships to the city comprehensive 30plan and that the area surrounding the proposed PID can continue to be developed in coordination and 31substantial compatibility with the PID proposed. 32K.CONDITIONS AND STIPULATIONS. In recommending zoning of land to PID classification, 33the planning and development board may recommend and the governing body may attach suitable 34conditions, safeguards, and stipulations, in accord with standards set out in these zoning regulations and in 35this section. The conditions, safeguards and stipulations so made at the time of zoning to PID shall be 36binding upon the applicant or his successors in interest. Deviations from approved plans except in the November 9, 2010 185 ZONING DISTRICTS AND OVERLAY ZONES 1manner herein set out or failure to comply with any requirement, condition, or safeguard, shall constitute a 2violation of these zoning regulations. It is intended that no conditions, safeguards or stipulations be 3required which are not within the standards set out in these zoning regulations and in this section and that 4conditions, safeguards, and stipulations be clearly related to the ends and objectives of these zoning 5regulations and this section. 6L.TIME LIMITATION FOR COMMENCING PLATTING. 7a.Following City Commission approval of an application for the zoning of lands to P.I.D., the 8property owner shall commence platting of the property within eighteen (18) months of the date of 9commission approval. For the purposes of this section, the commencement of platting shall mean the filing 10of a plat by the developer with the city. 11b.If platting procedures are not commenced within the eighteen-month time period provided for 12herein, then the approval of rezoning shall be subject to review by the City Commission. The commission 13shall direct staff to submit to the City Commission an application which will down zone the property to the 14original or appropriate zoning district. Following such direction by the City Commission, no new 15development permits affecting the property shall be issued by the city until a final determination is made by 16the City Commission following notice and public hearing. 17c.Upon written request by the applicant prior to the expiration of the eighteen-month time period 18provided for herein, the City Commission makes the time period for commencement of platting procedures 19by a maximum of twelve (12) additional months. In granting such extension, the City Commission may 20impose additional conditions as it deems necessary to ensure completion of the platting process and to 21conform the project to current development standards or, which are necessary to preserve the health, safety, 22and welfare of adjacent communities or developments. 23d.Nonsubstantial changes in plans as determined by the City Commission shall not extend the 24time periods provided for herein. 25M.PLATTING, SITE DEVELOPMENT PLANS AND BUILDING PERMITS. 261.Platting. Following the zoning of land to PID, plans and engineering drawings shall be 27submitted to the city in accordance with procedures established in city ordinances. The proposed plat shall 28be in substantial compliance with the approved master development plan submitted as part of the 29application for zoning to PID. Phasing of the development of the PID shall be permitted if the proposed 30plats(s) provide for reasonable continued development in accordance with the approved master plan. 312.Site development plans. Site development plans shall be submitted in seven (7) copies along 32with an application provided by the city planner and a fee as adopted by resolution of the City Commission. 33These site development plans shall include but not be limited to the data and materials required in Chapter 344 of the Land Development Regulations. Furthermore, these site development plans shall reflect the design 35criteria cited in subsection H above. 363.Permits. No building permits shall be issued unless and until platting procedures and the 37requirements outlined in Chapter 5 of the Land Development Regulations are completed in every respect. 38N.PLAN MODIFICATION. Master plans approved during the process of rezoning to PID may be 39considered for modification upon application to the director of planning and zoning, submission of 40acceptable documentation, and payment of the master plan modification fee. The modification will be first November 9, 2010 186 ZONING DISTRICTS AND OVERLAY ZONES 1reviewed by the planning and zoning department to determine whether the modification is consistent with 2not only all current regulations but also the intent and purpose of the comprehensive plan; and to determine 3whether the change is substantial. 4Upon completion of the administrative review, findings will be forwarded to the planning and 5development board which will review all submitted documents as well as staff comments with all the 6authority, functions, powers and duties vested in it by Chapter 1.5, Article I, Section 4 of the Land 7Development Regulations. 8The planning and development board shall recommend to the City Commission that they approve the 9modification unconditionally, approve the modification with conditions and/or recommendations, or deny 10the modification. The board shall also recommend to the City Commission that the modification be 11considered either major or minor. 12Upon completion of the planning and development board review, findings will be forwarded to the City 13Commission. The City Commission will first determine whether the modification is major or minor. If the 14Commission finds the modification to be major, the request will be returned to the applicant for processing 15as a new zoning application. The determination of what constitutes a substantial change shall be at the sole 16discretion of the Commission. If the Commission determines that the modification is minor, it will review 17all submitted documents as well as staff comments and planning and development board 18recommendations. The City Commission may then approve the minor modification unconditionally, 19approve the minor modification with conditions, or deny the minor modification. 20Non-substantial (minor) modifications will not extend time limitations for development of property as 21stipulated in LDR Chapter 2, Section 9, paragraph C13. 22O.ZONING ADMINISTRATOR. Building permits. No building permit or certificate of occupancy 23or zoning compliance shall be issued in or for development in a PID district except in conformity with all 24provisions of the zoning to PID classifications and plans submitted under subsection M of these zoning 25regulations. 26(Ord. No. 96-51, § 4, 1-21-97, Ord. No 00-00, § 1,2 3-21-00) 27P.MIXED USE PODS WITHIN APPROVED PLANNING INDUSTRIAL DISTRICTS. The 28following criteria shall apply to Mixed Use Pods proposed for development within an approved PID: 291.Mixed Use Pod components and definition. 30a.For the purpose of this subsection, a Mixed Use Pod is defined as a development project 31located entirely within a previously approved PID which, when complete, will have all of the following uses: 32 331)Multi-family residential. 342)Commercial/retail. 353)Office and professional. 36The residential component of the Mixed Use Pod may include fee simple and rental dwelling 37units. A Mixed Use Pod is the aggregate of all land within the PID designated for mixed use. November 9, 2010 187 ZONING DISTRICTS AND OVERLAY ZONES 1b.Definitions. 21)Master Site Plan. Master Site Plan is the conceptual plan for the entire Mixed Use Pod 3with which individual technical site plans and buildings as processed by the Technical Review Committee 4(TRC) are to be consistent. Plan requirements of Master Site Plans are defined herein. 52)Technical Site Plan. Technical Site Plans are development plans for one or more lots 6submitted in compliance with Chapter 4, Section 7, (A. through G.) and Section 8. Prior to approval of the 7Master Site Plan, technical site plans may be reviewed by the City Commission, for review and approval of 8waiver requests for flexibility of development regulations. Such plans shall meet the regulations for 9technical site plans and shall specifically list in the tabular data those specific elements of the plan 10requiring waiver approval. 11c.Permitted uses. Allowed uses in the Mixed Use Pod shall be limited to those conditional and 12permitted uses in the C-1 and C-2 zoning districts and the permitted uses in the C-3 zoning district along 13with the following additional uses and provisions: 141)Offices only, for the sale of new or used vehicles and boats; 152)Automobile wash establishments if accessory to a principle use; 163)Retail sales of hardware and building materials as described in the Land Development 17Regulations, Chapter 2, Section 6.C.1. "i" and "aa" and Section 6.D.1."f" (excluding item 14) and including 18upholstery supplies, and 6.D.1."h" (not limited to the 2,000 square foot maximum) up to 10,000 square 19feet; wholesale of these goods or retail sales uses in excess of 10,000 square feet, and wholesale of similar 20goods regardless of floor area shall require conditional use approval; 214)Mini/self-storage uses intended to serve a mixed-use project excluding all exterior 22signage except for identification signage not in excess of 3 square feet; 235)Outdoor display of merchandise during business hours only; and 246)Any use not specifically listed herein that is deemed consistent with these provisions and 25reviewed consistent with the process described below. 26d.Uses prohibited. Prohibited uses shall be limited to those uses listed as prohibited in the PID 27regulations, with the addition of adult entertainment uses; conditional uses as indicated in the C-3 zoning 28district regulations; driveup, drive-in, and drive-through features except on financial institutions; and 29outdoor storage excluding outdoor display of goods, except where specifically permitted in the above 30section. 31The approval of uses in a Mixed Use Pod shall be processed in conjunction with the review of each 32technical site plan, except conditional uses shall require Commission approval. In the event a use is 33proposed that is not listed under the allowed uses or the prohibited uses, the Development Director or 34his/her designee may approve the use administratively as part of the site plan approval process if the use is 35determined consistent with the intent and purpose of the mixed use development. If the Director denies the 36use, the applicant shall have the right to appeal the decision directly to the City Commission as provided in 37paragraphs 7. and 8. hereafter. November 9, 2010 188 ZONING DISTRICTS AND OVERLAY ZONES 1e.1)Maximum building height. The maximum building height within a Mixed Use Pod 2shall not be greater than seventy-five (75) feet. Any building exceeding forty-five (45) feet in height shall 3be processed as a conditional use. 42)Building height measurement. Building height shall be measured from the lowest finish 5floor slab elevation of the proposed building to the peak of the structure, including any architectural details, 6stairwells, elevator shafts, etc. 73)Height setback envelope. Minimum building setbacks shall be based on building heights 8for buildings greater than forty-five (45) feet in height. The height setback envelope is applicable where 9the Mixed Use development is adjacent to an existing developed single-family residential zoning district 10outside the PID. This minimum setback shall be three (3) times the building height for any multi-family or 11nonresidential structure. The setback shall be measured from the common boundary of the PID and the 12existing single-family residential zoning district of the midpoint of any intervening right-of-way. 132.Design standards for all components of Mixed Use Pods shall be as set forth herein below. 14Review and approval of a Mixed Use Pod shall be conducted by review and approval of a master site plan 15for the Mixed Use Pod (hereafter "Master Site Plan") pursuant to the Technical Review process as set forth 16in Chapter 4, LDR. Notwithstanding the provisions of Chapter 4 to the contrary, the submission 17requirements for the Master Site Plan are as follows: 18a.A sealed survey not older than six months showing all adjacent streets, alleys and driveways, 19and also illustrating: 201)Existing natural features. 212)Existing buildings and structures, including use, height, dimensions and setbacks. 223)Existing utility lines and all easements. 234)Existing elevations (corder, street and finished floor). 24b.A scaled Master Site Plan illustrating: 251)Proposed buildings and other structures, and any existing buildings and structures which 26are to be retained, including use, height, dimensions and setbacks. 272)Proposed off-street parking spaces, driveways and sidewalks, including location, 28dimensions and setbacks. 293)Proposed fences and walls, including location, dimensions, setbacks, height and material. 30c.A Landscape plan including the following: 311)A separate scaled drawing (at the same scale as the site development plan) illustrating 32general location of trees, shrubs, grass and other vegetation. 332)Proposed berms, watercourses and other topographic features. 343)A notation on method of irrigation. 35d.Architectural design standards showing the following: November 9, 2010 189 ZONING DISTRICTS AND OVERLAY ZONES 11)Design themes to be followed, including materials. 22)Building colors and color pallet options for accessory design elements. 33)All building and structure maximum heights, plus height of mechanical equipment. 44)Color elevation renderings depicting representative design concepts applicable to all 5structures. 6e.A Tabular summary containing: 71)Total gross project area by acreage and square footage and net buildable land area in 8acres and square feet. 92)Total number of proposed residential units, which shall not be less than 750 square feet 10per unit, unless a waiver is obtained as provided in paragraph 3) below. 113)Proposed nonresidential floor area by type of use and total gross square footage. 124)Number and ratio of off-street parking spaces and depiction of loading areas. 135)Water bodies in acres and square feet. 146)Height of buildings. 157)Land use/traffic trip generation summary. 168)List/description of each waiver request for flexibility of development regulations. 179)The minimum and maximum number of residential units, the minimum and maximum 18number of total square footage of each component of non-residential uses, and the initial proposed numbers 19for each component. 20f.An engineers drainage statement. 21g.A proposed sign program for free standing signs showing maximum dimensions, graphic 22provisions, materials and lettering type. 233.Waiver of standard zoning regulations allowed. In conjunction with the approval of the Master 24Site Plan, or a technical site plan reviewed by the City Commission, the City Commission may waive or 25modify the standard zoning regulations for the following: 26a.Building setbacks. 27b.Drive aisle widths and parking dimensions. 28c.Perimeter buffer widths. 29d.Type and size of dwelling units. 30e.Parking space requirements. 31f.Internal landscape requirements. November 9, 2010 190 ZONING DISTRICTS AND OVERLAY ZONES 1g.Other waivers to development regulations, except for height, which requires an enabling 2Ordinance, as approved by the City Commission. 3The applicant shall justify each waiver request in writing as part of the Master Site Plan application. The 4nature of the request, the extent from which it departs from the standard regulation, and the basis for which 5it is sought shall be documented. Additional documentation acceptable to the City, such as shared parking 6studies or parking studies justifying a reduction request, may be requested by the city for their use in 7analyzing the waiver requests. These approved waivers shall apply to individual Technical Site Plans. 8Master site plans and technical site plans, or amendments to same, which contain waiver requests shall be 9subject to the public notification requirements applicable to a zoning code variance. 104.Following approval of the Master Site Plan for a Mixed Use Pod, subsequent modification of 11such Master Site Plan shall be subject to the review/approval rules as follows. City Commission approval is 12required for proposed changes which violate the project's previously approved minimum or maximum 13square footage of non-residential use, increases in height above that which has been approved by the 14Master Site Plan, increases in the maximum number of residential units as indicated on the Master Site 15Plan, elimination of principle open spaces and principle pedestrian plazas, changes to approved 16architectural design standards whereby proposed architectural design standards are inconsistent with 17approved architectural design standards, or increases in degree of approved waivers. All other revisions to 18the Master Site Plan including, but not limited to the relocation of approved square footage conversion of 19square footage from one component to another (e.g. commercial to office) and conversion from one use to 20another shall follow the technical review committee portion of the site plan review process except where 21stated herein. 225.Technical Site Plans review and modification. 23a.Following approval of a Mixed Use Pod Master Site Plan, subsequent site plan approval of 24all individual components of the Master Site Plan (Technical Site Plans) shall be submitted to the 25Development Director or his/her designee. The contents of such submittal shall conform to the site plan 26requirements set forth in LDR, Chapter 4. The Development Director or his/her designee shall determine in 27writing within fifteen (15) business days of said submittal, whether the submittal is consistent with the 28Master Site Plan, and if found inconsistent, shall specify the inconsistency. If determined to be consistent 29with the Master Site Plan, the final review and approval shall be through the TRC review portion of the 30Site Plan review process for determining compliance with the LDR. A site plan submitted for review which 31is determined, by the Development Director or his/her designee, to be inconsistent with the Master Site 32Plan shall be processed in accordance with the standard procedures set forth in LDR, Chapter 4, subject to 33applicant's right to appeal such determination in accordance with provisions set out in paragraphs 7. and 8. 34hereafter or to amend and resubmit such site plan for reconsideration by the Development Director or 35his/her designee. 36b.Following approval of a Technical Site Plan, subsequent modifications of such Technical 37Site Plan, which are consistent with the Master Plan, shall be subject to the review/approval rules 38applicable to minor/major site plan modifications as set forth in LDR, Chapter 4, Sec. 9, subject to the 39following. If determined to be a major modification it shall be processed in accordance with the provisions 40of 5.a. above. The processing and approval of any amendment to the Master Site Plan required as a result of 41the modifications to a Technical Site Plan shall be processed along with, and in the same manner as, the 42processing of the modifications to the Technical Site Plan, unless the provisions of paragraph 4. above 43would require City Commission approval. November 9, 2010 191 ZONING DISTRICTS AND OVERLAY ZONES 16.Within ten (10) business days following TRC review of a major modification of the Master Site 2Plan,the review of a Technical Site Plan, or review of a modification of a Technical Site Plan, the 3Development Director or his/her designee, shall issue a development order, incorporating the findings of 4the TRC, which shall either approve the submittal as submitted, approve the submittal with conditions, or 5deny the submittal. Once a development order is issued, the five (5) day review period has elapsed, and all 6conditions have been satisfied, individual buildings may be permitted individually. Buildings permitted 7strictly through the permitting process may not exceed the building envelope as shown on the approved 8Technical Site Plan. 97.The applicant, or any aggrieved or adversely affected party (as that term is defined by and 10interpreted under F.S. § 163.3215) may request review of the development order, or of a determination by 11the Development Director or his/her designee of inconsistency, or denying a proposed unlisted use, by the 12City Commission. The request for review shall be in writing and filed with the City Clerk within five (5) 13business days following issuance of the order. No development order shall be final until expiration of the 14five (5) day request for review period if no request for review is made, or the City Commission's 15disposition of the matter if a request for review is made. 168.The City Commission shall conduct a quasi-judicial review at a public hearing within 30 17business days of the filing of the request for review. Following review, the City Commission shall: 18a.Approve the Development Order, or 19b.Modify the Development Order, or 20c.Deny the Development Order. The decision of the Commission shall be treated as final at the 21conclusion of the voice vote on the agenda item under consideration, notwithstanding later issuance of a 22written order. The minutes of the Commission meeting shall be conclusive evidence of the action of the 23Commission. Review of final action by the Commission shall be by Writ of Certiorari to the Circuit Court. 249.Expiration of approved plans. Approved Master Site Plans as described herein shall remain 25valid indefinitely. Approved Technical Site Plans shall remain valid for a period of two (2) years pursuant 26to the terms listed in Chapter 4, Section 5. 27(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. 2802-017, § 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, § 292, 6-21-05;Ord. No. 08-006, § 2, 5-6-08) 30 November 9, 2010 192 ZONING DISTRICTS AND OVERLAY ZONES Section 7. Miscellaneous Districts. 1 2 A. REC RECREATION DISTRICT 3. 4 1. General. 5 The purpose of the REC zoning district is to implement 6the Recreation (R) Future Land Use Map (FLUM) classification of the 7Comprehensive Plan. It is the intent of this conventional district to 8accommodate and preserve recreational areas for current and future uses 9consistent with the Comprehensive Plan. This district shall apply to those 10existing and proposed recreational areas not located in planned unit 11developments. Included in these areas are both public and privately-owned 12recreational tracts and the Intracoastal Waterway (ICWW). 13 2. Use(s) Allowed 14. See “Use Matrix Table 3-28” in Chapter 3, Article 15IV, Section 3.D. 16 3. Building and Site Regulations (Table 3-24). 17No building or 18portion thereof shall be erected, constructed, converted, established, altered, 19enlarged or used unless the premises and buildings shall comply with the 20following regulations: 21 BUILDING / SITE REGULATION REC District Minimum lot area:1 acre Minimum lot frontage:100 feet Minimum yard setbacks: Front: 25 feet Rear: 25 feet Interior side: 25 feet 25 feet Corner side: Maximum Lot Coverage50% 1 Maximum structure height: 45 feet 22 1 23Not to exceed four (4) stories. 24 4. Review and Approval Process. 25Non-residential uses shall require 26site plan approval in accordance with Chapter 2, Article II, Section 2.F prior to 27application for building permit. 28 5. Parking 29. Required off-street parking is regulated in accordance 30with Chapter 4, Article V Minimum Off-Street Parking Requirements. 31 32I.REC RECREATION DISTRICT. These district regulations are intended to apply to those existing 33and proposed recreational areas not located in planned unit developments. Included in these areas are 34both public and private recreational tracts and the waters of Lake Worth and the Intracoastal November 9, 2010 193 ZONING DISTRICTS AND OVERLAY ZONES 1Waterway. It is the specific intent of these regulations to preserve recreational areas for current use and 2for the future, consistent with the comprehensive plan and with the subdivision regulations. 31.Uses permitted. Within any REC, Recreation District, no building, structure, land or water 4shall be used except for one or more of the following uses: 5a.All public, private and semi-private recreation areas, including parks, playgrounds, clubs 6and golf courses; 7b.All non-profit entertainment or athletic facilities, including beaches, marinas, 8campgrounds, stadia and playing fields, swimming pools and community centers; 9c.All water-based activities incidental to the use of the Intracoastal Waterway and the 10waters and shores of Lake Worth; 11d.Preservation or conservation uses intended to maintain the general openness or 12vegetation of the land for environmental, educational, archaeological or open-space reasons. 131A.Conditional uses allowed. All profit or non-profit uses or enterprises considered ancillary 14to any of the above permitted uses. 151B.Any use listed under 5.I.1. which uses, handles, stores, displays, or generates hazardous 16materials, hazardous waste, or toxic substance, as the same are defined by 40 Code of Federal 17Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida 18Administrative Code, shall require shall require a hazardous material review in accordance with the 19Fire Department Hazardous Material Disclosure requirements of Part II, Section 9-71 of this code. 202.Building and site regulations. No building or portion thereof shall be erected, constructed, 21converted, established, altered, enlarged or used unless the premises and building comply with the 22following regulations: 23Minimum lot frontage100 feet 24Minimum lot areaone (1) acre 25Minimum front yard25 feet 26Minimum side yard25 feet, each side 27Minimum rear yard25 feet 28Maximum structure height45 feet, not to exceed 29four (4) stories 303.Off-street parking. As provided in Section 11-H hereinafter. 31 32 November 9, 2010 194 ZONING DISTRICTS AND OVERLAY ZONES 1 B. PU PUBLIC USAGE DISTRICT. 2 3 1. General. 4 The purpose of the PU zoning district is to implement the 5Public and Private Governmental / Institutional (PPGI) Future Land Use Map 6(FLUM) classification of the Comprehensive Plan. This district shall apply to 7those areas within the city whose ownership and / or operation is public, or 8whose use is primarily public or institutionally-oriented, exclusive of those areas 9whose use is primarily recreational. 10 2. Use(s) Allowed. 11 See “Use Matrix Table 3-28” in Chapter 3, Article 12IV, Section 3.D. 13 3. Building and Site Regulations (Table 3-25) 14. No building or 15portion thereof shall be erected, constructed converted, established, altered, 16enlarged or used unless the premises and building comply with the following 17regulations: 18 BUILDING / SITE REGULATION PU District Minimum lot area:8,000 s.f. Minimum lot frontage:75 feet Minimum yard setbacks: 1 Front: 25 feet 1 Rear: 25 feet Abutting:Residential district(s) 30 feet 1 Interior side: 15 feet Abutting:Residential district(s) 30 feet Corner side: 15 feet Maximum lot coverage:50% 2 Maximum structure height:45 feet 2 Hospitals only: 60 feet 19 1 20For hospital buildings, additional setback in excess of thirty (30) 21feet shall be required for any height over forty-five (45) feet. The 22additional setback shall be measured by calculating three (3) additional 23feet of setback for each foot in height above forty-five (45) feet, not 24including minimal roof top equipment that are eligible for height 25exception in accordance with Chapter 2, Article II, Section 4.C 26 2 27Not to exceed four (4) stories. 28 4. Review and Approval Process. 29Non-residential uses shall 30require site plan approval in accordance with Chapter 2, Article II, Section 2.F 31prior to application for building permit. 32 November 9, 2010 195 ZONING DISTRICTS AND OVERLAY ZONES 5. Parking 1. Required off-street parking is regulated in accordance 2with Chapter 4, Article V Minimum Off-Street Parking Requirements. 3 4J.PU PUBLIC USAGE DISTRICT. These district regulations are intended to apply to those areas 5within the city whose ownership and/or operation is public or whose use is largely publicly or 6institutionally oriented, exclusive of those areas whose use is primarily recreational. 71.Uses permitted. Within any PU, Public Usage District, no building, structure, land or water 8shall be used except for one or more of the following uses: 9a.Public buildings and facilities such as city hall, police and fire stations, libraries, public 10schools, public utilities and cemeteries; 11b.Private or semi-private institutions (excluding churches and schools) such as hospitals, 12utilities, and other non-profit facilities; 13c.Other governmental agencies such as those providing postal, administrative or regulatory 14services; 15d.Telecommunication towers. 161A.Any use listed under 5.J.1. above which uses, handles, stores, displays, or generates 17hazardous materials, hazardous waste, or toxic substance, as such may be defined by 40 Code of 18Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida 19Administrative Code, shall require a hazardous material review in accordance with the Fire Department 20Hazardous Material Disclosure requirements of Part II, Section 9-71 of this code. 212.Building and site regulations. No building or portion thereof shall be erected, constructed 22converted, established, altered, enlarged or used unless the premises and building comply with the 23following regulations: 24Minimum lot frontage75 feet 25Minimum lot area8000 square feet 26Minimum front yard25 feet 27Minimum side yard15 feet, each side* 28Minimum rear yard25 feet* 29Maximum structural height (hospitals only)60 feet, not to exceed four (4) stories 30*When abutting residential districts, side and/or rear yard shall be thirty (30) feet. For hospital 31buildings, additional setback in excess of thirty (30) feet shall be required for any height over forty-five 32(45) feet. The additional setback shall be measured by calculating three (3) additional feet of setback for 33each foot in height above forty-five (45) feet, not including minimal roof top equipment that are eligible 34for a height exception per Section 4.F.2. 353.Off-street parking: As provided in Section 11-H hereinafter. 36 November 9, 2010 196 ZONING DISTRICTS AND OVERLAY ZONES 1H. AG AGRICULTURAL DISTRICT. These district regulations are 2intended to apply to those areas of Boynton Beach, the present use of which is 3primarily agricultural or the future use of which is uncertain. 4 51. Uses permitted. Within any AG, Agriculture District, no building, 6structure, land or water shall be used except for one or more of the following 7uses: 8 9 a. Agricultural uses which include, by way of illustration but not by 10way of limitation, the following: nurseries, greenhouses, orchards, raising of 11field crops, tree crops, vegetables or flowers on a commercial scale; 12 b. Wholesale and retail facilities when clearly incidental to a 13permitted agricultural use; 14 15 c. Buildings such as attendant residency, equipment shelters and the 16like whose use is clearly incidental to an approved agricultural use; 17 18 d. Preservation or conservation uses intended to maintain the general 19openness or vegetation of the land for environmental, educational, 20archaeological or open space reasons; 21 22 e. Single-family homes on 2.5 acre lots including private stable 23facilities provided that animals are kept for recreational uses only and not kept 24for sale or resale. 25 26 1A. Any use listed under 5.H.1. above which uses, handles, stores, 27displays, or generates hazardous materials, hazardous waste, or a toxic 28substance, as the same are defined by 40 Code of Federal Regulations, Part 261 29or the Florida Substance List as set forth in Rule 4A-62.004, Florida 30Administrative Code, shall require a hazardous material review in accordance 31with the Fire Department Hazardous Material Disclosure requirements of Part II, 32Section 9-71 of this code. 33 34 2. Building and site regulations. No building or portion thereof shall be 35erected, constructed, converted, established, altered, enlarged or used unless the 36premises and building comply with the following regulations: 37 38 Minimum lot frontage 200 feet 39 40 Minimum lot area one (1) acre 41 42 Minimum front yard 50 feet 43 44 Minimum side yard 50 feet, each side 45 46 Minimum rear yard 50 feet 47 November 9, 2010 197 ZONING DISTRICTS AND OVERLAY ZONES 1 Maximum structure height 45 feet, not to exceed four 2 (4) stories 3 4 3. Off-street parking. As provided in Section 11-H hereinafter. 5 6 November 9, 2010 198 ZONING DISTRICTS AND OVERLAY ZONES Section 8. Overlay Zones 1 2 A. URBAN CENTRAL BUSINESS DISTRICT OVERLAY ZONE. 3In 4compliance with Florida Administrative Code, the City has established a single urban 5core area to attract high intensity, high density, multi-use development in the downtown 6through the redesignation of the central business district to an urban central business 7district, which will permit additional development density opportunities suitable to 8attract mixed use business, while ensuring the scale, design, function and character of 9any new development is compatible with, and complements, the City's redevelopment 10plans. The land that shall comprise the Urban Central Business District Overlay Zone is 11bordered on the east by the Intracoastal Waterway (ICWW), excluding all lands 12designated with a conservation overlay on the city's future land use map, and city lands 13utilized for stormwater retention; on the west by the Florida East Coast Railroad right- 14of-way, on the north by northeast 6th Avenue, and on the south by S.E. 2nd Avenue and 15consists of approximately eighty-three (83) acres. These boundaries shall be utilized for 16increased development-of-regional-impact guidelines and standards, consistent with the 17criteria of this section. The area is further delineated in map format on Ordinance No. 1803-054, Exhibit "A." 19 20The Urban Central Business District Overlay Zone u is consistent with the City of 21Boynton Beach Comprehensive Plan and Future Land Use map intensities. 22 23The Urban Central Business District Overlay Zone is wholly within the jurisdictional 24boundaries of the City of Boynton Beach. 25 26The Future Land Use classification and zoning district allow for high intensity multi-use 27development within the proposed overlay zone. The uses and intensity are regulated by 28the respective Future Land Use classification and zoning district. 29 30Within the Urban Central Business District Overlay Zone, the DRI guidelines and 31standards set forth in Florida Administrative Code Rule 28-24.014(10), as they may be 32amended from time to time shall apply to the development approved by the city. November 9, 2010 199 ZONING DISTRICTS AND OVERLAY ZONES B. MARTIN LUTHER KING JR. BOULEVARD OVERLAY ZONE 1. 2 1. Intent 3. This overlay zone has been established to implement 4recommendations from the Vision 20 / 20 Redevelopment Plan, which identified 5a segment of the Martin Luther King Jr. Boulevard as an opportunity for 6redevelopment and revitalization. The ultimate design and site standards of this 7section are intended to create a traditional street corridor with pedestrian 8improvements, storefronts along the sidewalk, and a mixture of uses. The 9corridor is to contain an ambience supported by pleasant signage and building 10appearance, potted landscaping, store windows and public open spaces. This 11overlay zone is also appropriate for development of small properties to allow for 12consistency with the vision represented by the respective mixed-use zoning 13district, and/or as an interim redevelopment mechanism until greater 14redevelopment occurs using the respective mixed-use zoning district. All 15development within the Martin Luther King Jr. Boulevard corridor shall occur 16according to the provisions of the adopted plan as stated below. 17 2. Defined 18. The Martin Luther King Jr. Boulevard Overlay Zone 19(MLKBOZ) is hereby established as the area defined by the parcels fronting on 20that portion of the Boulevard located east of Seacrest Boulevard and west of 21Federal Highway right-of-way, along with those parcels adjacent to the north 22and south of these parcels that front on the Boulevard if assembled and 23development as a unified project. 24 3. Use(s) Allowed 25. (See “Use Matrix” - Chapter 3, Article IV, Section 263.D). 27 4. Building and Site Regulations 28. Development within this Overlay 29Zone shall be in accordance with building and site regulations applicable to the 30underlying zoning district except as follows: 31 a. 32 Parcels that have frontage along Martin Luther King Jr. 33Boulevard shall have the same front setback in accordance with the 34Mixed Use-Low Intensity 1 zoning district (see Section 5.C above). 35 b. 36 Minimum interior and corner side setbacks shall be in 37accordance with the Mixed Use-Low Intensity 1 zoning district (see 38Section 5.C above). 39 c. 40 Maximum building height shall be 30 feet. 41 5. Parking 42. As required by Chapter 4, Article V, Section 3.D. 43 6.Landscape and Streetscape Design. 44 See Chapter 4, Article II, 45Section 4.B.5. 46 47 November 9, 2010 200 ZONING DISTRICTS AND OVERLAY ZONES 1 C. URBAN COMMERCIAL DISTRICT OVERLAY ZONE 2. 3 1. Intent 4. The purpose of this zone is to encourage the development and 5redevelopment of commercially-zoned parcels in a manner consistent with the 6pattern of development of parcels with Mixed-Use zoning classifications. 7 2. Objectives. 8 The objectives of this overlay zone are as follows: 9 a. 10 Support and enhance revitalization efforts along the city's 11commercial corridors within the redevelopment areas. 12 b. 13 Improve aesthetic and pedestrian streetscape environments by 14preventing the placement of off-street parking between the front of the 15building(s) and the rights-of-way. 16 c. 17 Allow flexibility in architectural design and building bulk; while 18maximizing compatibility and harmony with adjoining development 19within the defined area. 20 3. Defined. 21The Urban Commercial District Overlay Zone (UCDOZ0 is 22established in the city redevelopment plans as the geographical area defined by 23the following boundaries: 24 a. Federal Highway Corridor Community Redevelopment Plan 25. 26 The boundary is the city limits to the north, the Intracoastal 27Waterway to the east, the city boundary to the south, and the Florida 28East Coast Railroad (F.E.C.) and Palm Boulevard (Northeast 4th Street) 29to the west. The legal description is more particularly described in 30Exhibit 1.1, Appendix of the Federal Highway Corridor Community 31Redevelopment Plan. 32 b. The Ocean District Community Redevelopment Plan 33. The 34boundary is Northeast 3rd Avenue to the north, Seacrest Boulevard to 35the west, F.E.C. Railroad to the east, and Southeast 2nd Avenue to the 36south. 37 c. Boynton Beach Boulevard Corridor Plan 38. The boundary is the 39commercially- zoned parcels located along west Boynton Beach 40Boulevard, east of Interstate 95, and west of Seacrest Boulevard. 41 4. Conflict. 42In the event of any conflict between the provisions of the 43Urban Commercial District Overlay Zone (UCDOZ) and any other sections of 44the Land Development Regulations, the provisions of this section shall prevail. 45These provisions shall not be construed to supersede any federal, state, or 46county laws; and / or any rezoning of lands to a Mixed-Use zoning district. 47 November 9, 2010 201 ZONING DISTRICTS AND OVERLAY ZONES 5. Building and Site Regulations (Table 3-26). 1Development within 2this Overlay Zone shall be in accordance with building and site regulations 3applicable to the underlying zoning district except as follows: 4 BUILDING / SITE REGULATIONS Urban Commercial District Overlay Zone Minimum yard setbacks: Front:5 ft – 15 ft 1 Rear: Zoning Interior side:0 ft – 15 ft Abutting:Residential district: 15 feet Corner side: 10 ft – 15 ft Maximum lot coverage:40% 1 Maximum structure height:Zoning 5 1 6Shall be defined by the applicable zoning district. 7 6. Parking. 8 As required by Chapter 4, Article V. 9 7. Miscellaneous. 10 11 a.Landscape and Streetscape Design. 12 See Chapter 4, 13Article II, Section 4.B.5. 14 b. Building Location. 15See Chapter 4, Article III, Section 3.H.2. 16 c. Shade and Shelter. 17 See Chapter 4, Article III, Section 3.H.3. 18 19 20Section 8.5. Overlay zones. 21 A. MARTIN LUTHER KING BOULEVARD OVERLAY ZONE. 22 23 1. General. With the completion of the Vision 20/20 Redevelopment Plan, the City identified a 24segment of the Martin Luther King Boulevard as an area in need of redevelopment and revitalization. 25This section is created to implement the development and design recommendations in the 26Redevelopment Plan intended to create a traditional street corridor with pedestrian improvements, 27storefronts along the sidewalk, and a mixture of uses. The corridor is to contain an ambience supported 28by pleasant signage and building appearance, potted landscaping, store windows and public open 29spaces. All development within the Martin Luther King Boulevard corridor shall occur according to the 30provisions of the adopted plan as stated below. 31 32 2. Defined. The Martin Luther King Boulevard Overlay Zone is hereby established as the area 33defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and 34west of Federal Highway right-of-way, along with those parcels adjacent to the north and south of these 35parcels that front on the Boulevard if assembled and development as a unified project. 36 37 3. Permitted uses. As currently defined in Chapter 2(5)(G) and Chapter 2(6)(B). November 9, 2010 202 ZONING DISTRICTS AND OVERLAY ZONES 1 2 4. Prohibited uses. Reserved 3 4 5. Development standards. 5 6 a. Parcels that have frontage along Martin Luther King Boulevard shall have a minimum 7front setback of 3 feet and a maximum front setback of 12 feet. 8 9 b. Minimum side setback from interior lot lines shall be 5 feet, and a minimum of 3 feet and 10a maximum of 12 feet from corner lot lines. 11 12 c. Maximum building height shall be 30 feet and subject to other provisions of Chapter 132(4)(F). 14 15d. Lot regulations stated within Chapters 2(5)(G) and 2(6)(B) except where superseded by 16the regulations stated herein. 17 18 6. Signs. Reserved 19 20 7. Design Standards. Reserved 21 22 8. Landscaping. Reserved 23 24 9. Parking. 25 a. Parking space requirements shall be calculated in accordance with Section 11.H.16 of 26these zoning requirements, and shall be reduced by fifty percent (50%); 27 28 b. Required parking spaces shall be owned or leased within one thousand (1,000) feet of the 29building to be served. 30 31 (1) The distance requirements shall be a straight line measurement from a point on the 32boundary line of the property that is the subject of the application to the closest boundary line of the 33property on which the leased parking is located. 34 35 (2) The property that is the subject of the application shall be posted with signage 36indicating to patrons the location of the off-site parking. 37 38 c. Lease arrangements to provide required parking spaces shall be subject to approval by the 39Community Redevelopment Agency. 40 41 B. URBAN COMMERCIAL DISTRICT OVERLAY ZONE. 42 43 1. Intent and purpose. The purpose of this zone is to encourage the development and 44redevelopment of commercially-zoned parcels in a manner consistent with the pattern of development 45of parcels with Mixed-Use zoning classifications. 46 47 2. The objectives of this overlay zone are as follows: November 9, 2010 203 ZONING DISTRICTS AND OVERLAY ZONES 1 2 a. Support and enhance revitalization efforts along the city's commercial corridors within 3the redevelopment areas. 4 5 b. Improve aesthetic and pedestrian streetscape environments by preventing the placement 6of off-street parking between the front of the building(s) and the rights-of-way. 7 8 c. Allow flexibility in architectural design and building bulk; while maximizing 9compatibility and harmony with adjoining development within the defined area. 10 11 3. Defined area. The Urban Commercial District Overlay Zone is established in the city 12redevelopment plans as the geographical area defined by the following boundaries: 13 14 a. Federal Highway Corridor Community Redevelopment Plan. The boundary is the city 15limits to the north, the Intracoastal Waterway to the east, the city boundary to the south, and the Florida 16East Coast Railroad (F.E.C.) and Palm Boulevard (Northeast 4th Street) to the west. The legal 17description is more particularly described in Exhibit 1.1, Appendix of the Federal Highway Corridor 18Community Redevelopment Plan. 19 20 b. The Ocean District Community Redevelopment Plan. The boundary is Northeast 3rd 21Avenue to the north, Seacrest Boulevard to the west, F.E.C. Railroad to the east, and Southeast 2nd 22Avenue to the south. 23 24 c. Boynton Beach Boulevard Corridor Plan. The boundary is the commercially- zoned 25parcels located along west Boynton Beach Boulevard, east of Interstate 95, and west of Seacrest 26Boulevard. 27 28 4. Development standards. 29 30 a. Parcels shall have the following setback requirements: 31 32Front yard five (5) feet to fifteen (15) feet 33 34Side (interior) yard zero (0) feet to fifteen (15) feet 35 36Side (corner) yard ten (10) feet to fifteen (15) feet 37 38Rear yard shall be defined by the applicable zoning district regulations; 39 40 b. Maximum building height shall be defined by the applicable zoning district regulations; 41 42 c. Maximum lot coverage for building(s) shall be 40 percent; 43 44 5. Landscape requirements. Foundation landscaping and trees shall be installed within the 45reduced building setback areas, between the building(s) and property line(s), particularly, where 46adjacent or visible from public and/or private rights- of-way. 47 November 9, 2010 204 ZONING DISTRICTS AND OVERLAY ZONES 1(Ord. No. 00-30, § 1, 6-20-00; Ord. No. 02-014, § 1, 4-16-02; Ord. No. 05-029, § 2, 8-2-05) 2 Section 9. Penalties. 3 4 5The City or any other legal authority shall enforce any violation of this article pursuant to the 6penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 7Regulations. 8 9 10 11 12 13 15 14 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 3 Zoning\Final\Article III Zoning Districts and Overlay Zones.doc November 9, 2010 205 USE REGULATIONS ARTICLE IV. USE REGULATIONS 1 2 Section 1. Operational Performance Standards. 3 N.PERFORMANCE 4STANDARDS. All existing and subsequently considered uses located within the city shall 5conform to the operational performance standards set forth below, and shall be constructed, 6maintained and operated so as not to be a nuisance or hazard to persons, animals, vegetation or 7property located on adjacent or nearby properties or rights-of-way; or to interfere with the 8reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, 9smoke, dust or other particulate matter; toxic or noxious matter; odors, glare, heat or humidity; 10radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or solid 11waste accumulation. Furthermore, no use shall be carried out so as to create any nuisance or 12hazard which is violation of any applicable federal, state, county, or city law or permit, and all 13such laws and permits are hereby adopted as performance standards in these zoning regulations. 14 A.Noise 15. 1. Noise. No use shall be carried out in any zoning district so as to 16create sound which is in violation of Part II, Section 15-8 of the City of Boynton Beach 17Code of Ordinances. 18 B. Vibrations 19. 2. Vibrations. No use shall be carried out in any zoning district 20so as to create inherently and recurrently generated ground vibrations which are 21perceptible without instruments at any point at or beyond the property lines of the 22property on which the use is located. 23 C. Particulate Matter 24. 3. Smoke, dust, dirt, or other particulate matter. No use 25shall be carried out within any zoning district so as to allow the emission of smoke, 26dust, dirt or other particular matter which may cause damage to property or vegetation, 27discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment 28of property and rights-of-way, at or beyond the property lines of the property on which 29the use is located. Furthermore, no use shall be carried out so as to allow the emission 30of any substances in violation of any federal, state, county or city laws or permits 31governing the emission of such substances. 32 D. Odor 33. 4. Odors and fumes. No use shall be carried out in any industrial 34district so as to allow the emission of objectionable or offensive odors or fumes in such 35concentration as to be readily perceptible at any point at or beyond the boundary of 36industrial districts. For all nonindustrial districts, the standards contained in this 37paragraph shall apply where the district abuts any residential district. 38 E. Toxic Matter 39. 5. Toxic or noxious matter. No use shall be carried out in any 40zoning district so as to allow the discharge of any toxic or noxious matter in such 41concentrations as to cause damage to property or vegetation, discomfort or harm to 42persons or animals, or prevent the reasonable use and enjoyment of property or rights- 43of-way, at or beyond the property line of the property on which the use is located; or to 44contaminate any public waters or any groundwater. 45 F. Fire and Explosions. 46 6. Fire and explosion hazards. No use shall be carried 47out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby November 9, 2010 1 USE REGULATIONS 1property or rights-of-way, or any persons or property thereon. Furthermore, the storage, 2use, or production of flammable or explosive materials shall be in conformance with the 3provisions of Part II, Chapter 9 of the City of Boynton Beach Code of Ordinances. 4 G. Heat, Humidity, and Glare 5. 7. Heat, humidity, or glare. No use shall be 6carried out in any zoning district so as to produce heat, humidity or glare which is 7readily perceptible at any point at or beyond the property line of the property on which 8the use is located. Artificial lighting which is used to illuminate any property or use 9shall be directed away from any residential use which is a conforming use according to 10these zoning regulations, so as not to create a nuisance to such residential uses. 11 H Waste. 12 13 1. Liquid Waste. 14 8. Liquid waste. No use shall be carried out in 15any zoning district so as to dispose of liquid waste of any type, quantity, or 16manner which is not in conformance with the provisions of Part II, Chapter 26 17of the City of Boynton Beach Code of Ordinances, or any applicable federal, 18state,or county laws or permits. 19 2. Solid Waste 20. 9. Solid waste. No use shall be carried out in any 21zoning district so as to allow the accumulation or disposal of solid waste which 22is not in conformance with Part II, Chapter 10 of the City of Boynton Beach 23Code of Ordinance, or which would cause solid waste to be transferred in any 24manner to adjacent or nearby property or rights-of-way. 25 I. Electromagnetic Interference 26. 10. Electromagnetic interference. No 27use shall be carried out in any zoning district so as to create electromagnetic radiation 28which causes abnormal degradation of performance of any electromagnetic receptor of 29quality and proper design as defined by the principles and standards adopted by the 30Institute of Electrical and Electronics Engineers, or the Electronic Industries 31Association. Furthermore, no use shall be carried out in any zoning district so as to 32cause electromagnetic radiation which does not comply with the Federal 33Communications Commission regulations, or which causes objectionable 34electromagnetic interference with normal radio or television reception in any zoning 35district. 36 Section 2. Hazardous / Toxic Waste and Substances. 37 11.Hazardous materials, 38hazardous waste, and toxic substances. a. 39 A. Fire Department Hazardous Material Disclosure Form 40. Prior to the issuance 41or renewal of a Business Tax receipt an occupational license in the city, the operator of 42any use that uses, handles, stores, displays, or generates hazardous materials, hazardous 43waste, or a toxic substance, as the same are defined in 40 Code of Federal Regulations, 44Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida 45Administrative Code, and requires a permit for same from a state or federal agency, or 46requires periodic reporting to a state or federal agency, shall be required to file a Fire November 9, 2010 2 USE REGULATIONS 1Department Hazardous Material Disclosure Form in accordance with Part II, Chapter 9, 2Article VIII, Section 9-122 Part III, Section 9-71 of this code. 3 B. Spill Containment System. 4 b. The operator of any such use shall be required 5to design and construct, prior to occupancy, an appropriate separate spill containment 6system to hold spilled hazardous materials for cleanup, independent from the storm 7water drainage system, along with an appropriate early warning monitoring program. 8The containment system and monitoring program shall be a type which is generally 9acceptable to the Florida Department of Environmental Regulation and the South 10Florida Water Management District, and shall serve all structures or areas where 11hazardous materials are used, handled, stored, or displayed, or where hazardous wastes 12are generated. 13 C. Depressed Truck Wells. 14 c. Depressed truck wells which are utilized by 15users of hazardous materials and generators of hazardous waste shall provide a drainage 16system which shall be designed and maintained to include oil and grease receptors, and 17open bottom sedimentation pumps as pollutant retardant structures. Such systems shall 18be designed so as to prevent pollutants from entering surface waters and groundwater. 19Parking areas and driveways adjacent to truck wells shall be designed to divert runoff to 20storage and exfiltrations systems on-site, prior to discharge into surface waters or storm 21sewers. 22 Hazardous Materials Response Plan 23D.. d. Those using, storing, 24displaying, or generating hazardous materials, hazardous waste, or toxic substances 25shall develop hazardous materials response plans prior to the operation of such uses, 26which shall require the approval of the Fire Marshal. This plan shall identify 27appropriate measures for contamination response including, but not limited to: 28 1.Contamination Response. 29 (1) Provision of equipment and trained 30personnel on-site or a contract with a contamination response firm meeting 31Florida Department of Environmental Regulation standards, where appropriate; 32 2.Water Quality Monitoring. 33 (2) Specification of follow-up water 34quality monitoring programs to be implemented in the event of contamination; 35 3.Containment. 36 (3) Specification of design and operational measures to 37contain and direct contaminated surface runoff away from lakes, ponds, canals, 38drainage structures and/or other connections to the surficial aquifer; 39 4.Early Warning Monitoring Program. 40 (4) Specifications for the 41development and implementation of an early warning monitoring program; 42 5.Cleanup Cost. 43 (5) Proof of financial responsibility which will 44assure that cleanup costs can be provided; 45 6.Permits. 46 (6) A copy of the permit issued by or application for 47permit to the governmental agency or agencies responsible for permitting the November 9, 2010 3 USE REGULATIONS 1handling, storage, display, or generation of the particular hazardous materials, 2hazardous wastes, or toxic substances. Where only periodic reports are required 3to be supplied to such agencies, copies of these reports shall be provided to the 4Fire Marshal; 5 7.Miscellaneous. 6 (7) Where the information required under 1 7through 7 (1) through (6) above is required as part of the information required 8for permitting by or reporting to governmental agencies responsible for 9regulating hazardous materials or hazardous wastes, this information shall be 10considered sufficient for the purpose of this section. 11 Section 3. Use Regulations 12 13 A. General. 14 Except as otherwise provided in this article, regulations 15governing the use of land and structures are hereby established as shown in the 16following Use Matrix (Table 3-28). The Use Matrix is intended to classify uses on the 17basis of common functional characteristics and land use compatibility. The Use Matrix 18indicates eligible zoning districts for the various uses based on the exact nature of the 19use, and detailed requirements which specify permitted uses or any additional 20application requirements, as well as additional standards (see “Notes and Restrictions” 21of Section 3.E below) that may be necessary to justify and establish each use. 22 B. General Rules of Use Matrix. 23The following general rules are applicable 24to the Use Matrix: 25 1. Vacant Box. 26Except for within the IPUD district and PID district, a 27vacant box that contains no symbol signifies that the use category is not allowed 28within the corresponding zoning district. 29 2. Business Activity. 30All business activity and uses shall be conducted 31within a fully enclosed building, unless otherwise specified. 32 3. Terms. 33Whenever the word “district” is used, it is construed to 34mean zoning district. 35 4. Column Headings in Title Block. 36 37 a. 38 The major column headings in the title block of the Use Matrix 39(i.e., Residential, Commercial, Mixed-Use, Industrial, and 40Miscellaneous) are further defined in Chapter 1, Article II Definitions. 41 b. 42 The regulations of each zoning district (e.g., R-1-AAB, R-1-AA, 43etc.) shown in the title block of the Use Matrix are described in Chapter 443, Article III Zoning Districts and Overlay Zones. 45 5. Fire Department Hazardous Material Disclosure. 46Fire 47Department Hazardous Material Disclosure: Any use which uses, handles, November 9, 2010 4 USE REGULATIONS 1stores, displays, or generates hazardous materials, hazardous waste, or a toxic 2substance, as defined by 40 Code of Federal Regulations, Part 261 or the Florida 3Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, 4shall require Fire Department Hazardous Material Disclosure in accordance with 5Part II, Section 9-71 of this code. 6 6. Drive-Through Facilities. 7Drive-up, drive-through, and drive-in 8facilities require conditional use approval unless otherwise specified. The 9facility, including the stacking lanes must not be visible from public rights-of- 10way where located within the SMU district, MU-L1 district, MU-L2 district, and 11MU-L3 district. Furthermore, these facilities are prohibited in the MU-H and 12PID districts for all establishments listed under the "Commercial" use group. 13See Chapter 4, Article VI, Section 3.F for additional standards regarding 14queuing and vehicular stacking. 15 7.Distribution of Narcotics and Other Controlled Substances. 16 17 a. Purpose and Intent. 18 These regulations are in connection with 19the mass effort to discourage the misuse and abuse of narcotics and other 20controlled substances such as pain medications, and the impacts upon 21land uses that are associated with businesses that would operate 22principally to dispense pain medications for chronic pain but without the 23services of typical medical offices that provide thorough on-site 24examinations, medical treatments or procedures, and continued medical 25oversight. Such businesses have been determined to be associated with 26the excessive use of, addictions to, and subsequent illegal sales / 27distribution of addictive controlled substances. 28 b. Applicability. 29This section applies to all medical, professional 30and business offices, clinics, and any other use or establishment that 31dispenses narcotics and other controlled substances. Such uses shall be 32subject to the following: 33 34(1) On-site dispensing of controlled substances that are 35identified in Schedule II, III, or IV in Sections 893.03, 893.035 36or 893.036, Florida Statutes, is prohibited, unless otherwise 37expressly permitted by statutory or general law. The following 38are exempt from this prohibition: 39 40(a) A health care practitioner when administering a 41controlled substance directly to a patient if the amount of 42the controlled substance is only intended to treat the 43patient during that particular treatment session. 44 45(b) A pharmacist or health care practitioner when 46administering a controlled substance to a patient or 47resident receiving care as a patient at a hospital, nursing November 9, 2010 5 USE REGULATIONS 1home, ambulatory surgical center, hospice, or 2intermediate care facility for the developmentally 3disabled which is licensed in this state. 4 5(c) A health care practitioner when administering a 6controlled substance in the emergency room of a licensed 7hospital. 8 9(d) A health care practitioner when administering or 10dispensing a controlled substance to a person under the 11age of 16. 12 13(e) A health care practitioner when dispensing a one- 14time, 72-hour emergency resupply of controlled 15substance to a patient. 16 c. Enforcement. 17 18 19(1) Law enforcement officers shall, in connection with their 20duties imposed by law, diligently enforce the provisions of this 21Section and may issue citations, arrest and arrest with warrant 22persons acting in violation of this Section. 23 24(2) Law enforcement officers shall have the authority to 25seize, confiscate and impound any substance, or other article 26which, upon probable cause, they find to be used or possessed in 27violation of this Section. 28 29(3) The City may prosecute violations by issuance of Notices 30to Appear for violation of a City ordinance, in which case, the 31penalty for a violation shall be as follows: 32 33(a) First violation - $100.00 34 35(b) Second violation within twelve (12) months of 36adjudication of first violation - $500.00 37 38(c) Third violation within eighteen (18) months of 39adjudication of first violation - $1000.00 40 41Each calendar day on which a violation exists shall 42constitute a separate violation for the purpose of 43determining the fine. 44 45(4) A violation of this Section may be prosecuted as a 46nuisance. The City Attorney may bring suit on behalf of the 47City, or any affected citizen may bring suit in his/her name November 9, 2010 6 USE REGULATIONS 1against the person or persons causing or maintaining the 2violation, or against the owner / agent of the building or property 3on which the violation exists.Relief may be granted according 4to the terms and conditions of Chapter 15, Article 8 of the City 5of Boynton Beach Code of Ordinances and / or Chapter 60, 6Florida Statutes. 7 8(5) Any person convicted of violating any of the terms or 9provisions of this article or any code, requirements, or standards 10adopted hereby shall be subject to the penalties as provided in 11Chapter 1, Section 1-6 of the City of Boynton Beach Code of 12Ordinances. In addition, the City may use any equitable or legal 13remedy available at law to enforce any violation of the terms or 14provisions of this Section. 15 16R.CERTAIN MEDICAL, PROFESSIONAL AND BUSINESS OFFICES AND CLINICS: 17 181.Purpose and Intent. These regulations are in connection with the mass 19effort to discourage the misuse and abuse of narcotics and other controlled substances such as pain 20medications, and the impacts upon land uses that are associated with businesses that would operate 21principally to dispense pain medications for chronic pain but without the services of typical medical 22offices that provide thorough on-site examinations, medical treatments or procedures, and continued 23medical oversight. Such businesses have been determined to be associated with the excessive use of, 24addictions to, and subsequent illegal sales/distribution of addictive controlled substances. 25 262.Applicability. This section applies to all medical, professional and business offices and 27clinics. Such uses shall be subject to the following: 28 29a.On-site dispensing of controlled substances that are identified in Schedule II, III, or IV in 30Sections 893.03, 893.035 or 893.036, Florida Statutes, is prohibited, unless otherwise expressly 31permitted by statutory or general law. The following are exempt from this prohibition: 321.A health care practitioner when administering a controlled substance directly to a patient if the 33amount of the controlled substance is only intended to treat the patient during that particular treatment 34session. 352.A pharmacist or health care practitioner when administering a controlled substance to a patient 36or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, 37or intermediate care facility for the developmentally disabled which is licensed in this state. 383.A health care practitioner when administering a controlled substance in the emergency room of 39a licensed hospital. 404.A health care practitioner when administering or dispensing a controlled substance to a person 41under the age of 16. 425.A health care practitioner when dispensing a one-time, 72-hour emergency resupply of 43controlled substance to a patient. 443.Enforcement 45 November 9, 2010 7 USE REGULATIONS 1a.Law enforcement officers shall, in connection with their duties imposed by law, diligently 2enforce the provisions of this Section and may issue citations, arrest and arrest with warrant persons 3acting in violation of this Section. 4 5b.Law enforcement officers shall have the authority to seize, confiscate and impound any 6substance, or other article which, upon probable cause, they find to be used or possessed in violation of 7this Section. 8 9c.The City may prosecute violations by issuance of Notices to Appear for violation of a City 10ordinance, in which case, the penalty for a violation shall be as follows: 11 121.First violation - $100.00 13 142.Second violation within twelve (12) months of adjudication of first violation - $500.00 15 163.Third violation within eighteen (18) months of adjudication of first violation - $1000.00 17 18Each calendar day on which a violation exists shall constitute a separate violation for the purpose of 19determining the fine. 20 21d.A violation of this Section may be prosecuted as a nuisance. The City Attorney may bring suit 22on behalf of the City, or any affected citizen may bring suit in his/her name against the person or 23persons causing or maintaining the violation, or against the owner/agent of the building or property on 24whichthe violation exists. Relief may be granted according to the terms and conditions of Chapter 15, 25Article 8 of the City of Boynton Beach Code of Ordinances and/or Chapter 60, Florida Statutes. 26 27e.Any person convicted of violating any of the terms or provisions of this article or any code, 28requirements, or standards adopted hereby shall be subject to the penalties as provided in Chapter 1, 29Section 1-6 of the City of Boynton Beach Code of Ordinances. In addition, the City may use any 30equitable or legal remedy available at law to enforce any violation of the terms or provisions of this 31Section. 32 8. Prohibited Use of Public Parking Spaces. 33 Major and minor motor 34vehicle or boat repair, including oil changes, adding of oil or lubricants, and 35installation of new tires, is prohibited in public parking lots or spaces, and 36commercial parking or loading areas and is declared to be a public nuisance. 37Commercial property owners engaged in the sale of motor vehicle or boat parts, 38oils, or lubricants, shall post notices within their premises in close proximity to 39check out counters or exit doors notifying customers of this prohibition. 40Violations of this provision of the code is subject to enforcement through code 41enforcement action, nuisance abatement action, municipal ordinance violation, 42or action for injunctive relief. Law enforcement officers are authorized to issue 43notice to appear for violation of this section. (Ord. No. 99-01, § 1, 1-5-99) 44ARTICLE III. PROHIBITED ACTIVITY Sec. 1. Prohibited activity. 45 9. Miscellaneous. 46It should be noted that each use category may 47contain additional limitations or restrictions. Please refer to the Definitions (see November 9, 2010 8 USE REGULATIONS 1Chapter 1, Article II), the applicable zoning district regulations in Chapter 3, 2Article III, and the Supplemental Regulations in Chapter 3, Article V. 3 C. Use Matrix Legend. 4Uses regulated herein are classified in one (1) or more of 5the following categories: 6 1. “P” - Permitted Uses. 7A permitted use is allowed by right within 8a zoning district provided that all development regulations are met. A permitted 9use must be conducted on a site in order to have accessory or ancillary uses on 10that site. Uses identified with a "P" on the Use Matrix are permitted by right in 11the district, subject to compliance with 1) the additional standards indicated in 12the "Note" column, which directly corresponds with Section 3.E. below; and 2) 13any other applicable requirements prescribed by these Land Development 14Regulations. 15 2. “C” - Conditional Uses. 16A use that because of special requirements 17or characteristics may be allowed in a particular zoning district but only with 18conditions as necessary to make the use compatible with other uses permitted in 19the same zone or vicinity. Uses identified with a "C" on the Use Matrix are 20allowed in the zoning district, subject to compliance with the following: 1) 21additional standards indicated in the “Note” column, which directly corresponds 22with Section 3.E below; 2) standards for evaluating conditional uses in 23accordance with Section 4 below; and 3) any other applicable requirements 24prescribed by these Land Development Regulations. 25 3. “A” - Accessory Uses. 26A use that is customarily incidental to the 27principal use. Uses identified with an "A" on the Use Matrix are permitted as an 28accessory use to a permitted principal use in the district, subject to compliance 29with the following: 1) additional standards indicated in the "Note" column, 30which directly corresponds with Section 3.E below; and 2) any other applicable 31requirements prescribed by these Land Development Regulations. The nature of 32the principal use will determine the use review authority required to review and 33approve the accessory use. Accessory uses, unless otherwise provided, shall be 34located on the same premises as the principal use. 35 4. “*” - Notes and Restrictions. 36An " * " indicates the existence of a 37corresponding number in the "Note" column, which refers to additional 38standards or restrictions that are applicable to the use pursuant to Section 393.E.below. 40 5. “” - IPUD District. 41The following regulations are applicable to the 42Infill Planned Unit Development District identified with a " " symbol on the 43Use Matrix: 44 a.Uses. 45 In the Use Matrix (Table 3-28), nonresidential uses of the 46“Commercial,” “Office & Health Care,” and “Arts, Entertainment & 47Recreational” industry classifications are allowed in the IPUD district, November 9, 2010 9 USE REGULATIONS 1provided that such nonresidential uses are proposed within a mixed-use 2development containing dwelling units, unless otherwise specified. 3 b.Location. 4 Non-residential uses shall only be allowed for 5developments fronting on streets classified as “Arterial” on the 6“Functional Classification of Roadways” map in the City of Boynton 7Beach Comprehensive Plan. 8 c.Frontage. 9Any non-residential use must front on the arterial 10roadway or on an access wholly contained within the project with 11neither entrances nor exit on or visible from or disruptive to adjacent 12properties, streets, and rights-of-way. 13 d.Design. 14 Such development must be found compatible with 15adjacent uses and established design characteristics. 16 6. “” - PID District. 17The following regulations are applicable to the 18Planned Industrial Development District (PID) identified with a "” symbol on 19the Use Matrix: 20 a.Allowable Uses. 21 A building and its customary ancillary 22structures and land uses may be erected, altered and occupied for any 23industrial, office / professional, commercial business (wholesale or 24retail) use; educational and institutional uses; adult entertainment use 25(subject to additional restrictions within these land development 26regulations); recreational and attraction uses (as defined for the 27Industrial Future Land Use classification); and town home, multi-family, 28and mixed-uses and projects in a PID, qualifying for a Mixed-Use Pod. 29NOTE: All uses described in this section must be approved by the City 30Commission for placement on the respective PID List of Approved 31Uses, through the Use Approval Process (see Chapter 2, Article II, 32Section 3.C). In approving uses for a PID, the City Commission shall 33make findings that the use or uses proposed will not be in conflict with 34the Operational Performance standards listed in Section 1 above of these 35regulations, and are consistent with the intent and purpose of this 36section. 37 38Refer to the applicable Permitted Use List for each of the PID zoning 39districts. 40 b. Use(s) Allowed 41. Mixed-Use Pod within the PID district 42shall contain the following mix of uses within one (1) or more Mixed- 43Use Pods within the PID district: 44 45(1) Townhouse and / or multi-family residential; 46 47(2) Commercial / retail; and November 9, 2010 10 USE REGULATIONS 1 2(3) Business and professional offices. 3 4Townhouse and multi-family residential, if located on parcels fronting 5on an arterial roadway, shall be integrated into a mixed-use project 6(vertical or horizontal), including one (1) or more of the uses listed 7below. The intent of this provision is to further the intent and purpose of 8both the PID district and Mixed-Use Pod regulations by requiring 9developments along the streetscape that benefit motorists and 10pedestrians alike, through proper orientation, visual attributes, desirable 11commercial, retail, and office uses and services. Allowed uses within 12the Mixed-Use Pod shall be limited to those conditional and permitted 13uses in the C-1 and C-2 zoning districts and the permitted uses in the C- 143 zoning district as indicated by the Use Matrix Table 3-28 below. 15 D.Use Matrix (Table 3-28). 16 17 18 P = Permitted Residential Commercial Mixed-Use IndusMisc C = Conditional A = Accessory X = Prohibited * (see Legend)  (see Legend)  (see Legend) RESIDENTIAL & LODGING AccessoryPPPP 16 Dwelling Unit **** CCCC Bed & Breakfast C C 17 **** Dwelling, Single-PPPPPPPPP 15 family (detached) ********* Dwelling, Two-PPPPPCPPPPPC15 Family (duplex) ************18 Dwelling, Multi-PPPPCPPPPPP15 Family ***********19 Dwelling Units in PPPPPP15 Mixed-Use ******20 Buildings Group Home Type PPPPPP 1 (6 or less 21 ****** residents) 19 20 21 22 23 24 25 26 27 28 November 9, 2010 11 USE REGULATIONS P = Permitted Residential Commercial Mixed-Use IndusMisc C = Conditional A = Accessory X = Prohibited * (see Legend)  (see Legend)  (see Legend) RESIDENTIAL & LODGING continued Group Home Type CPP 2 (7 to 14 21 *** residents) Group Home Type CCCPP 21 3 (15+ residents) ***** Group Home Type CC 4 (special care, 7+ 21 ** residents) PPPPCCCCP Hotel & Motel 22 ********* PPPPP Live-Work Units 23 ***** Manufactured P 15 Home * PPPPCPPPPPP Townhouse 15 *********** COMMERCIAL Retail Sales Art, Book, Craft, 4 Hobby, Music, PPPPPPP P P P 5 Sporting Goods, & ******* 24 Toys PP8 Auto Dealer, New **25 PP8 Auto Dealer, Used **26 Automotive Parts PPPPPPPPPP8 Store**********11 Beer, Wine, & PPPPPPPP5 Liquor Store ********27 Boat Dealer / CA8 Rental**28 Cleaning Supply 2 PPPPPP Store (Swimming P P P P P5 ****** Pool, Janitorial) 11 2 Clothing & PPPPPP P P P P 4 Accessories****** 5 1 3 P PPPPPPPPPPP Convenience Store 5 ************ 11 29 Cosmetics, Beauty PPPPPP2 P P P P supply, & Perfume ******5 2 Electronics & PPPPPP4 P P P P P Appliance Store ******6 11 1 PPPPPPPP2 Florist P P P P ********5 11 1 2 November 9, 2010 12 USE REGULATIONS P = Permitted Residential Commercial Mixed-Use IndusMisc C = Conditional A = Accessory X = Prohibited * (see Legend)  (see Legend)  (see Legend) COMMERCIAL Retail continued 2 Furniture & Home PPPPPPP4 P P P P furnishing *******5 11 CCCCCC8 Gasoline Station ******30 4 PCPPP Grocery Store P P P 5 ***** 31 3 PPPPPPPP5 Hardware Store P P P ********11 32 Health & Personal Care (Eyeglass, PPPPPP5 P P P P P P Medical Supplies, ******11 Hearing-Aids) Home P4 Improvement P P *8 Center Jewelry, Luggage, PPPPPP2 P P P P & Leather Goods ******5 2 Marine PPPPPPPPPPP5 Accessories***********11 33 Merchandise, New (Supercenter, P4 P P Discount, *8 Department, Club) Merchandise, 2 PPPPPPPPPP Used (Antique 5 ********** Shop) 34 Merchandise, PPP Used (Other) ***35 Mobile Vending PPPPPPPPPP 36 Unit (MVU) ********** Multiple-VendorPPP 37 Market *** Novelty, Gift, PPPPPP2 Souvenir, & P P P P ******5 Miscellaneous Nursery, Garden 3 PPPPP Ctr, & Farm 11 ***** Supply 38 Office Supplies & PPPPPP2 P P P P Stationery ******5 Pet Store & PPPPPP2 P P P P Supplies******5 3 Pharmacy & Drug PPPPPPPPPPP 5 Store*********** 39 3 APPPPPPPPPPP Restaurant 5 ************ 40 1 November 9, 2010 13 USE REGULATIONS P = Permitted Residential Commercial Mixed-Use IndusMisc C = Conditional A = Accessory X = Prohibited * (see Legend)  (see Legend)  (see Legend) COMMERCIAL Retail continued 1 Restaurant, Take- PPPPPPPPPPPP3 out************5 41 Specialty Food PPPPPP3 P P P P Store******6 4 PPPPPPP Tile and Carpet P P 5 ******* 11 COMMERCIAL Services Auto Broker P P P P P P P Auto / Car Wash 10 (Polishing, ACCCC 11 Waxing, ***** 42 Detailing) Auto / Car Wash, CCCC10 Self-serve Bay ****13 Automobile APCPP8 Rental*****43 Automotive, ACPCP 44 Minor Repair ***** Automotive, P13 Major Repair *45 Automotive Window Tinting / ACPCP 46 Stereo Installation ***** / Alarms CCCC8 Bar & Nightclub C C C C ****47 P Caterer P P P P P 11 * PPP Check Cashing 48 *** 1 Coin-operated PPPPPP P P P P 2 Laundry ****** 5 Day & Trade P Labor Pool C 11 * (Temporary Help) 1 3 PPPPPPPPPPPP Dry Cleaner 5 ************ 11 49 Fortune Teller, P Palm Reader, or 11 * Psychic PPPCCCA8 Funeral Home C C *******50 PP2 Locksmith P P P P **11 Mobile Vending PPPPPPPPPP 36 Unit (MVU) ********** 1 2 November 9, 2010 14 USE REGULATIONS P = Permitted Residential Commercial Mixed-Use IndusMisc C = Conditional A = Accessory X = Prohibited * (see Legend)  (see Legend)  (see Legend) COMMERCIAL Services continued 1 Personal Care 2 PPPPPPPPPPPP (Beauty, Hair, 5 ************ Nails)11 51 8 Pet Care ACCCCCCCP10 (Boarding and *********11 Daycare) 52 Pet Care PPPPPP5 P P P P P (Grooming) ******11 Pet Care PPPPPP8 (Veterinary P P P P P P ******11 Services) Photography PPPPPP5 P P P P P P Studio******11 2 Postal / Mail APPPPPPPPPPP8 Center************11 53 Repair / 1 Maintenance,PPPPPPPP2 P P P P Personal and ********5 Household Goods 11 Repair, Rental, & PPP11 Maint of Home / P ***54 Garden Tools Repair, Rental, & PPPPPP4 Maint of Office, P P P P P ******5 Home Equip 2 PPPPPPPP5 Travel Agency P P P P ********11 55 Tuxedo, Formal PPPPPP2 Wear, Costume P P P P ******5 Rental Videos, Games & PPPPPP2 P P P P DVD Rental ******6 OFFICE & HEALTH CARE Bank and P PPPPP2 P P P P P Financial Office ******8 1 Business or 7 PPPPPPP Professional P P P P P P 8 ******* Office 11 56 PPPPPPP13 Call Center P P P P P *******57 3 Copying, Printing, PPPPPPP P P P P P 5 and Sign Design ******* 11 2 PPPPPP Counseling P P P P P 7 ****** 8 1 November 9, 2010 15 USE REGULATIONS P = Permitted Residential Commercial Mixed-Use IndusMisc C = Conditional A = Accessory X = Prohibited * (see Legend)  (see Legend)  (see Legend) OFFICE & HEALTH CARE continued 2 Diet / Nutrition PPPPPPP P P P P 5 Center******* 11 P Hospital 58 * Information and P P P P P P P 2 Data Processing * 1 2 InvestigativePPPPPPPP P P P P P 7 Service******** 8 11 2 Medical or Dental PPPPPP P P P P P 7 Imaging / Testing ****** 8 Medical or Dental P P 13 Laboratory * 2 Medical or Dental PPPPPP P P P P P 7 Office ****** 8 Real Estate PPPPP P P P P P P 8 Business***** Temporary PPPPP7 Employment P P P P P P *****8 Agency PUBLIC & CIVIC USES AAAAAAAA Cemetery P 59 ******** CCCCCCPPPPP14 Church P P P P P P P ***********60 Community PPPPPPPPPPPPPPPPPPPP P P P P 61 Facilities********************* PPPPP Essential Services P P P P P P P P P P P P P P P P P P P 62 ***** 6 Organization, PPPPCCCCP 11 Civic & Fraternal ********* 63 Post Office C C C C C C P ARTS, ENTERTAINMENT & RECREATIONAL AdultCCCP13 Entertainment ****64 PPPPPPPPP Artist Studio P 65 ********* 2 6 Entertainment, PPPPPPP P P P P 9 Indoor ******* 11 66 Entertainment, CC 67 Outdoor ** 4 Gym, Fitness & PPPPP P P P P 6 Health Cub ***** 9 1 November 9, 2010 16 USE REGULATIONS P = Permitted Residential Commercial Mixed-Use IndusMisc C = Conditional A = Accessory X = Prohibited * (see Legend)  (see Legend)  (see Legend) ARTS, ENTERTAINMENT & RECREATIONAL continued 2 6 Indoor Athletic PPPPPPPP P P P9 Instruction ******** 11 68 Marina, (including PPPPPP9 Yacht Club) ******69 Museum, Historical & P P P P P P P P P P Cultural Rentals, Recreational6 PPPPP (bicycles, canoes, P P P P 9 ***** personal 70 watercraft) Shooting Range, P P P Indoor Sightseeing & PPPPPPPPPPP9 Scenic Tours ***********71 PPPPPCPP9 Theater ********72 EDUCATIONAL College, University, P P P P C P P P P P C Seminary 1 6 CCCCCCPCPPPPPP9 Day Care C C C C C **************11 14 73 School, Other P P P P C P P P P P C School, Primary CCCCP14 C C P and Secondary *****74 School, Technical P 11 & Trade * 7 Tutoring and PPPPCP P P P P C P 9 Testing Centers ****** 11 INDUSTRIAL Manufacturing, Fabrication & Processing Bakery, P 12 Commercial * P Beverage Mfg 12 * Converted Paper P Product 13 * Processing Dairy Products P 12 Mfg * Electrical Equipment, P Appliance & 13 * Component Assembly November 9, 2010 17 USE REGULATIONS P = Permitted Residential Commercial Mixed-Use IndusMisc C = Conditional A = Accessory X = Prohibited * (see Legend)  (see Legend)  (see Legend) INDUSTRIAL Manufacturing, Fabrication & Processing continued P Food Processing 12 * Footwear & Other P 12 Leather Products * P Frozen Food 12 * P10 Furniture Products *12 P Glass Products 12 * Ice Cream & P 12 Frozen Dessert * P Jewelry Mfg 12 * Medical P Equipment & 12 * Supplies Metal, Fabricated P10 Products *12 Motor Vehicle P 12 Seating & Interior * Trim Ornamental, China, Fine P10 Earthenware, & *12 Pottery Paint, Coating & P 13 Adhesive* Pharmaceutical & P 12 Medicine * P10 Plastic Products *12 P10 Rubber Products *12 P Soap & Toiletry 12 * Sporting Goods P 12 and Toys * Stone cutting & P10 finishing*12 P Textile Products 12 * P Wood Products 12 * INDUSTRIAL Storage, Distribution & Wholesale Trade Packing & Shipping, P10 Trucking, and *13 Moving Storage, Boats / Motor / AAAAP13 Recreational*****75 Vehicles Storage, Self- CCCCP9 Service*****76 November 9, 2010 18 USE REGULATIONS P = Permitted Residential Commercial Mixed-Use IndusMisc C = Conditional A = Accessory X = Prohibited * (see Legend)  (see Legend)  (see Legend) INDUSTRIAL Storage, Distribution & Wholesale Trade continued CP12 Warehousing **77 10 CP Wholesale Trade 12 ** 78 INDUSTRIAL Services P13 Boat Repair *79 Carpet and PPPP11 Upholstery ****80 Cleaning Services PP12 Contractor **81 Dry Cleaning P10 Plant*13 Exterminating and P13 Pest Control *82 P Glass and Mirror P 12 * Janitorial and P P 13 General Cleaning * Lawn Maintenance & PP13 Landscaping **83 Service Publishing & P Commercial 12 * Printing Radio & TV PPPPPPP 84 Broadcasting ******* Recording Studio P P P P P Rental / Leasing, Industrial & P 13 Commercial *85 Equipment Repair / Maintenance,13 P Industrial & 16 * Commercial 86 Equipment Research & Development, P 87 Scientific / * Technological P Security Services P P P 13 * Sewer / Septic & P13 Waste Mgmt *88 Cleaning 2 Taxi, Limo, PPPCPP 13 Charter Bus ****** 89 Testing P 13 Laboratory * 10 Towing, Motor P 13 Vehicle* 16 November 9, 2010 19 USE REGULATIONS 1 P = Permitted Residential Commercial Mixed-Use IndusMisc C = Conditional A = Accessory X = Prohibited * (see Legend)  (see Legend)  (see Legend) AGRICULTURAL Community PPPPPPPPPPPPPPPPPPPP 90 Garden******************** 2 E. Use Matrix Notes and Restrictions. 3 4 1. General Note. 5 6 a. PUD district. 7 Non-residential uses located in a PUD must serve 8the needs of the PUD and not the general needs of a surrounding area. 9Areas designated for commercial activities shall not generally front on 10exterior or perimeter streets, and shall be located centrally within the 11project. The only exception to these rules is when a residential mixed- 12use project would promote new urbanism design standards and helps to 13further sustainable initiatives. Such developments shall also be designed 14to further any applicable recommendations within the corresponding 15Redevelopment Plan. 16 17 Commercial uses located in a PUD must serve the needs of the PUD and not the general needs of a surrounding area. 18 Areas designated for commercial activities shall not generally front on exterior or perimeter streets, and shall be 19 preferably centrally located within the project. unless these criteria would be inconsistent with, or contrary to, adopted 20 redevelopment plans. In instances where a PUD in the Community Redevelopment Area includes commercial uses, it 21 . shall be developed consistent with adopted design guidelines or requirements contained in redevelopment plans 22 2. General Note. 23 24 a. PUD district and / or C-2 district. 25The gross floor area shall 26not exceed 5,000 square feet. 27 3.General Note. 28 29 a. PUD district and / or C-2 district. 30The gross floor area shall 31not exceed 10,000 square feet. 32 4.General Note. 33 34 a. SMU district. 35Buildings greater than 80,000 square feet shall 36require conditional use approval. Maximum footprint is 120,000 square 37feet. Building elevations shall be enhanced with appropriate design November 9, 2010 20 USE REGULATIONS 1elements to break up wall expanses (i.e. articulation, windows, columns, 2varied rooflines, etc.). 3 5. General Note. 4 5 a. All Mixed-Use Districts. 6 This use must be integrated into a 7mixed-use building or development and shall not occupy more than 50% 8of the gross floor area of any given building or exceed 30% of the gross 9floor area of the mixed use development. 10 b. MU-L1 district, MU-L2 district, and MU-L3 district. 11 The 12subject use is only allowed on lots fronting on arterial or collector 13roadways. 14 6.General Note. 15 16 a. MU-L1 district, MU-L2 district, and MU-L3 district. 17 18Allowed only on lots fronting on arterial or collector roadways. 19 7.General Note. 20 21 a. MU-H district. 22Not encouraged as a first-floor use. 23 8.General Note. 24 25 a. All Mixed-Use districts. 26 This use shall be integrated into a 27mixed-use building or development and must not occupy more than 50% 28of the gross floor area of any given building or exceed 30% of the gross 29floor area of the mixed use development. 30 9.General Note. 31 32 a. All Mixed-Use districts. 33 This use shall be integrated into a 34mixed use building or development. 35 10.General Note. 36 37 a. M-1 district. 38 As a principal or accessory use, it is allowed if 39there is a minimum separation of 300 feet between such use and a 40residential zoning district. The distance shall be measured in a straight 41line from the property line of the subject use to the property line of the 42residential zoning district. 43 11.General Note. 44 45 a. M-1 district. 46This non-industrial use is allowed within the M-1 47district, provided that it 1) is located within a multiple-tenant November 9, 2010 21 USE REGULATIONS 1development on a lot or leased parcel that fronts on an arterial roadway; 22) does not exceed 5,000 square feet; 3) excludes a drive-up, drive- 3through, or drive-in facility; and 4) complies with all off-street parking 4requirements of Chapter 4, Article V. In addition, the sale of used 5merchandise is only allowed as accessory to the sale of new 6merchandise. 7 12.General Note. 8 9 a. M-1 district. 10 This use is allowed on an arterial or collector 11roadway within the M-1 district provided that it has accessory 12commercial component to the operation. This establishment will be 13required to meet the following criteria: 14 15(1) Location. The accessory commercial component 16shall be located within a building situated on a lot or leased 17parcel that fronts on an arterial or collector roadway; and 18 19(2) Interior.An indoor showroom of at least 250 20square feet for retail sales shall be required for establishments 2125,000 square feet or less. An indoor showroom area of at least 22one percent (1%) of the gross floor area shall be required for 23establishments greater than 25,000 square feet. 24 13.General Note. 25 26 a. M-1 district. 27This use is allowed within the M-1 district but it 28shall not be located on a lot or leased parcel that fronts on an arterial or 29collector roadway. 30 14.Non-Residential Uses in Single-family Residential Zoning Districts. 31 32 a. R-1-AAB district, R-1-AA district, R-1-A district, and R-1 33 district. 34 The following applies to facilities to be located within 35zoning districts limited to single-family homes. 36 37(1) Location. Along the following roadway types as 38designated in the City of Boynton Beach Comprehensive Plan: 39arterials and collectors. 40 41(2) Lot size. One (1) acre for all non-residential uses, 42except for DC establishments, which shall be regulated in AYARE 43accordance with Section 3.E.76 below. 44 45(3) Frontage. Except for DCestablishments, a AYARES 46minimum frontage of 150 feet for all non-residential uses. 47 November 9, 2010 22 USE REGULATIONS 1(4) Landscaping.A minimum buffer width of five (5) feet 2and a landscaping barrier shall be required for all parking and 3vehicle use areas, and outdoor recreation areas that abut single- 4family residential zoning districts. 5 6(5) Design. Building design shall be consistent with 7surrounding residential styles. 8 9(6) Separation. Distances between residential properties 10and outdoor play areas shall be maximized. 11 12 C. NON-RESIDENTIAL USES IN SINGLE-FAMILY ZONING DISTRICTS: 13 14 1. Day care and other preschool facilities shall comply with the state health department and all other 15 regulatory agency requirements. 16 17 2. The building height, setbacks, parking and total floor area shall be governed by the applicable zoning 18 district. 19 20 3. The following applies to facilities to be located within zoning districts limited to single family homes: 21 22 a. Building design for nursery/ preschool/daycare uses shall be consistent with surrounding 23 residential styles; 24 25 b. Located along the following roadway types as designated in the City of Boynton Beach 26 Comprehensive Plan: arterials and collectors; 27 28 c. Minimum site size for day care and other preschool facilities shall be one-half (0.5) acre; 29 30 d. Minimum site size for primary and secondary schools, colleges, seminaries, universities, churches 31 and other places of worship shall be one (1) acre with a minimum frontage of one hundred fifty (150) feet. 32 33 e. Minimum separation requirement between commercial daycare business shall be 2,000 feet (this 34 distance separation requirement should not apply to daycare uses limited to specific groups such as church 35 members, andshould not be intended to place restrictive limits on the expansion/improvement of those uses 36 existing prior to codification); and 37 38 f. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking 39 and vehicle use areas, and outdoor recreation areas that abut residential zoning districts. Distances between 40 outdoor play areas and adjacent single family homes shall be maximized. 41 42 4. Expansions and improvements to, and redevelopment of pre-existing places of worship that do not 43 meet the minimum lot standards of the zoning district, or the other requirements of Section 11.C.3., shall be 44 allowed in accordance with the following requirements: 45 46 a. Improvements shall only be allowed if the subject property was under proper ownership prior to 47 the adoption of these regulations. Ownership shall be based on the records of the County Property Appraiser's 48 Office. 49 50 b. Rights-of-way for primary access shall be adequate and improved in accordance with Engineering 51 Design Handbook and Construction Standards. November 9, 2010 23 USE REGULATIONS 1 2 c. The size of building improvements shall be allowed up to a maximum of one hundred percent 3 (100%) of the pre-existing area. 4 5 d. Expansions that would increase operational space or capacity, shall require that all existing parking 6 areas and related landscaping meet the requirements of the City's Land Development Regulations. 7 8 e. Parking requirement. Projects eligible for parking space reductions of the MLK Overlay District 9 shall be required to meet a minimum of seventy-five percent (75%) of the space requirements indicated by 10 Chapter 2, Section 11.H.15. 11 12 f. Non-conforming and blighted conditions. Expansions that increase operational space or capacity 13 shall require improvements to all existing facilities, to raise them to a similar appearance level as the proposed 14 improvements and additions. Sidewalks shall be added or improved where partially or totally absent along the 15 boundary of the subject use. This requirement shall apply to all parcels used to support the principal use, 16 including those lots that abut the principal lot or that are separated from the principal lot by other properties or 17 rights-of-way. 18 19 g. Design. Additions or new facilities shall be designed to be compatible with their surroundings 20 and/or an adopted community redevelopment plan, to further the historic and architectural character of the 21 neighborhood. 22 23 h. No newly proposed physical improvements other than a wall/fence or landscaping shall be placed 24 closer than thirty (30) feet from a parcel containing or zoned for a single-family residence. 25 26 i. Any outdoor play areas shall be located a minimum of thirty (30) feet from a parcel containing or 27 zoned for a single-family residence. 28 29 j. The foregoing conditions shall also apply to any repairs or reconstruction required due to damage 30 from fire, a major storm event or other natural occurrence. 31 15.Home Occupation. 32 33 a. 34Home occupations shall be permitted subject to these specific 35regulations designed for the protection of residential neighborhoods, 36where all of the activity takes place within a structure, and where the 37principal use is for residential purposes. In order for any home 38occupation to be permitted or continue to be permitted, the following 39performance standards shall be agreed to in writing by the applicant and 40be maintained for the duration of the occupational license: 41 42(1) Compatibility. The residential character and integrity of 43the neighborhood must not be disturbed and the occupational 44activity at the home shall not be noticeable from off the 45premises. 46 47(2) Size. A home occupation shall only be conducted 48within twenty (20%) percent of the living area of the dwelling 49including interior halls, closets and storage areas, but excluding November 9, 2010 24 USE REGULATIONS 1garages, screened porches, accessory buildings or any similar 2space not suited or intended as living quarters. 3 4(3) On-site Restrictions. The home occupation shall be 5conducted at the licensed address only by residents of that 6dwelling unit and shall only be the type of occupation which 7does not involve client business visits to the home, and is 8typified by business transactions conducted by telephone, mail, 9or off premises of the licensed address. (The giving of 10individual instruction to one (1) person at a time, such as an art 11of piano teacher, shall be deemed a home occupation). 12 13(4) Performance Standards. No equipment or process 14shall be used in a home occupation which creates fumes, glare, 15noise, odors, vibration, or electrical interference detectable to the 16normal senses off the lot, if the occupation is conducted in a 17single-family residence, or outside the dwelling unit if conducted 18in other than a single-family residence. In the case of electrical 19interference, no equipment or process shall be used which 20creates visual or audible interference in any radio or television 21receivers off the premises. 22 23(5) Traffic. No traffic shall be generated by a home 24occupation in greater volumes than would normally be expected 25in a residential neighborhood, and any need for parking 26generated by the conduct of a home occupation shall be met by 27off-street parking which complies with Chapter 4, Article VI 28Chapter 23, Parking Lots. 29 30(6) Storage. All storage of materials or supplies used in 31the home occupation shall be done within the living area of the 32dwelling unit, within the space limitations specified in 33subsection 2 above and shall not be visible from adjacent 34residential units. Contractors, tradespersons and the like shall 35not use their home garage or yard areas for storage of materials 36and supplies used in business activities. 37 38(7) Signage. No sign or display shall be visible other 39than a non-illuminated sign, not exceeding two (2) square feet in 40area, placed on the exterior wall of the residence as close as 41practical to the front entrance. 42 43(8) Parking. A panel, pick-up truck, van, or similar 44type of truck, not to exceed a over one (1) ton chassis 45configuration, may be parked in a residential zoning district. 46However, such Such vehicle, however, must be used by a November 9, 2010 25 USE REGULATIONS 1resident of the premises, and no more than one (1) such truck 2shall be located on each plot. 3 4(9) Miscellaneous. A home occupation shall be 5subject to all Business Tax occupational license provisions 6defined in Part II, Chapter chapter 13 of the Boynton Beach 7Code of Ordinances. 8 16.Accessory Dwelling Unit. 9 10 a. All districts. 11An ADU is allowed as an CCESSORY WELLING NIT 12accessory use to a non-residential principal use within a non-residential 13building. Such unit shall have a minimum living area of 750 square feet 14and limited to occupancy by the property owner or business owner / 15operator. 16 17.Bed & Breakfast. 17 18 a. Generally. 19Prior to the establishment and operation of a B ED 20&B,all required business licenses and health permits shall be REAKFAST 21obtained in compliance with all building, sign, sanitary and fire codes. 22Prior to the issuance of a business tax certificate, which shall be renewed 23annually, the City shall conduct an inspection of the property to 24determine compliance with the current requirements of the City's 25regulations, State Building Codes, and conditions of approval. 26 b.Interior. 27 28 29(1)Common Area.Within each B&B EDREAKFAST 30establishment, separate common areas must be provided for both 31a central dining area and for at least one (1) sitting / reading / 32discussion room. 33 34(2) Rooms.The number of bedrooms and 35bathrooms are to remain unchanged unless modifications are 36necessary to comply with Building, Fire, and / or Health Codes 37 c. Miscellaneous. 38 39 40(1) Cooking. Except as hereinafter provided, there shall 41be no cooking facilities or food storage in any guest unit. 42Breakfast shall be the only meal provided for paying overnight 43guests. 44 45(2) Maximum Stay. The maximum stay for each guest 46shall be 14 consecutive days and not more than 14 days during 47any 45 day period. The owner and / or manager shall maintain a November 9, 2010 26 USE REGULATIONS 1guest book, which accurately identifies all guests for each night's 2lodging. This register of guests shall be available for city 3inspection during reasonable business hours. 4 5(3) Owner. The owner of the B&B EDREAKFAST 6establishment must reside on the premises. 7 8(4) Retail Sales. Items for sale: Commercial social events 9and sale and / or display of merchandise are prohibited in the 10B&B establishment. EDREAKFAST 11 12(5) Kitchenettes. Existing kitchenettes within one (1) or 13more guest units are considered within the scope of this section 14and will not have to be removed. 15 16 Section 16. Bed and breakfast. 17 A. PURPOSE. It is the purpose of this section to provide a minimum set of standards to allow bed and 18 breakfast establishments within certain zoning districts of the city, while setting forth criteria to differentiate 19 them from boarding or rooming houses. Bed and breakfast establishments shall be approved through the 20 Department of Development and City Commission by special land use and building permit procedures. 21 22 B. REGULATIONS AND STANDARDS: 23 24 1. “Bed and breakfast establishment” shall be defined as follows: A private owner occupied residence 25 having more than three and less than ten guest bedroom units. The bed and breakfast establishment is 26 subordinate and incidental to the main residential use of the building. 27 28 2. In addition to the requirements of the underlying zoning district, all other applicable general 29 regulations, parking regulations, special conditions imposed through the conditional use process, and local, state 30 and federal building codes, the following requirements shall apply to bed and breakfast establishments: 31 32 a. Each application to the Department of Development shall be accompanied by: 33 34 (1) A detailed site plan illustrating the location of all structures and improvements, parking, 35 buffering, landscaping the location of guest rooms/units and guest parking spaces and signs shall be submitted for 36 conditional use approval by the city. 37 38 (2) Floor plans drawn to scale showing each of the guest units to be designated and the access to, 39 and egress from, each such unit. All walls separating guest units in a structure shall be fireguarded to the two 40 hour time limit. 41 42 (3) Where exterior changes are proposed, an elevation, or other visual representation, of the facade 43 to be changed sufficient to show the architectural character of the dwelling is maintained as a single family 44 structure. Efforts should be made to ensure the structure is consistent with the integrity of the neighborhood in 45 which it is located. 46 47 b. Zoning restrictions: Such facilities shall be allowed only upon land that is zoned for residential 48 structures. 49 November 9, 2010 27 USE REGULATIONS 1 c. Licenses and permits: The establishment shall obtain all required business licenses and health 2 permits and shall otherwise comply with all building, sign, sanitary and fire codes. Prior to obtaining a business 3 tax receipt, which shall be renewed annually, the City Building Official shall conduct an inspection of the 4 property to determine compliance with the current requirements of the City's Land Development Regulations and 5 State Building Codes. 6 7 d. Parking: Required parking spaces shall be calculated on the basis of one space per each employee, 8 manager or owner and one parking space for each guest room/unit. Newly created parking may be located only 9 in the rear and side yard. 10 11 12 e. Common Area: Within each bed and breakfast establishment, a common area must be provided for 13 a central dining area and for at least one sitting/reading/discussion room. 14 15 f. Number of units: The number of bedrooms and bathrooms provided should be as existed when the 16 structure was originally constructed, including additions, unless modifications are necessary to comply with 17 Building, Fire and/or Health Codes. 18 19 g. Restrictions on use and employees: 20 21 (1) Except as hereinafter provided, there shall be no cooking facilities or food storage in any guest 22 unit. Breakfast shall be the only meal provided for paying overnight guests. The breakfast meal shall not be 23 served after 11:00 a.m. 24 25 (2) The maximum stay for each individual who is using the facility shall be 14 consecutive days 26 and not more than 14 days during any 45 day period. The owner and/or manager shall maintain a guest book, 27 which accurately identifies all customers for each night's lodging. This register of guests shall be available to 28 City Inspectors during reasonable business hours. 29 30 (3) The owner of the bed and breakfast establishment must reside in the inn or elsewhere on the 31 premises. 32 33 h. Signage: All signs shall conform to the regulations of the underlying zoning district. 34 35 i. Items for sale: Commercial social events and sale and/or display of merchandise is prohibited in 36 the bed and breakfast establishment. 37 38 j. Existing kitchenettes within one or more guest units of a bed and breakfast establishment are 39 considered within the scope of this section and will not have to be removed. 40 41 (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) 42 18.Dwelling, Two-Family (Duplex). 43 44 a. C-3 district and PCD district. 45A T-FD WOAMILYWELLING 46(D)shall comply with the R-2 district regulations. See Chapter 3, UPLEX 47Article III, Section 2.E. 48 19.Dwelling, Multi-Family. 49 50 November 9, 2010 28 USE REGULATIONS a. C-3 district and PCD district. 1A M-F ULTIAMILY 2D shall comply with the R-3 district regulations. See Chapter WELLING 33, Article III, Section 2.F. 4 b.MU-H district. 5For those projects with frontage on an 6arterial road, a M-Fis allowed as a permitted use if ULTIAMILY DWELLING 7the ground floor fronting the arterial is devoted to office or retail use; 8otherwise, conditional use approval is required. 9 20.Dwelling Units in Mixed-Use Buildings. 10 11 a. MU-H district. 12For those projects with frontage on an 13arterial road, DU are allowed as a permitted uses if the WELLING NITS 14ground floor fronting the arterial is devoted to office or retail use; 15otherwise, conditional use approval is required. 16 21.Group Home Types 1 through 4. 17 18 a. Type 1. 19 20 21(1) Interior. 22 23(a) Common Area. At least 10% of the total 24floor area shall be devoted to a common area, exclusive 25of halls, corridors, stairs, and elevator shafts, wherein a 26variety or recreational or therapeutic activities may 27occur. 28 29(b) Rooms. Residents’ rooms or suites shall, in 30no case, have kitchen facilities available for the 31preparation of food. 32 33(2) Design. Pursuant to Chapter 4, Article III, Section 343.G. 1, the appearance of a GH shall be residential in ROUPOME 35character and similar in appearance to the surrounding 36neighborhood. 37 38(3) Separation.Such use shall be located a minimum 39distance of 1,000 feet from another GH (regardless of ROUPOME 40Type), as measured by direct distance between property lines. 41The floor area of any existing facility shall not be expanded in 42instances where located less than the minimum separation 43requirement. All new applications to operate such uses or 44applications for building permits to expand such uses shall be 45accompanied by an affidavit certifying compliance with this 46restriction. 47 November 9, 2010 29 USE REGULATIONS b. Types 2, 3, and 4. 1 2 (1) Interior. 3 4 5(a)Common Area. At least 10% of the total 6floor area shall be devoted to a common area, exclusive 7of halls, corridors, stairs, and elevator shafts, wherein a 8variety or recreational or therapeutic activities may 9occur. 10 11(b) Rooms. Residents’ rooms or suites shall, in 12no case, have kitchen facilities available for the 13preparation of food. 14 15(2) Separation.Such use shall be located a minimum 16distance of 1,000 feet from another GH (regardless of ROUPOME 17Type) and 600 feet of property zoned for single-family 18dwellings, as measured by direct distance between property 19lines. The floor area of any existing facility shall not be 20expanded in instances where located less than the minimum 21separation requirement. All new applications to operate such 22uses or applications for building permits to expand such uses 23shall be accompanied by an affidavit certifying compliance with 24this restriction. 25 22.Hotel & Motel (includes Boutique, Extended-stay, Apartment, 26 Timeshare Apartment). 27 28 a. C-3 district. 29Timeshare Hotel shall comply with R-3 district 30regulations.Boutique Hotels are not listed as permitted uses. 31 b. C-4 district. 32Boutique Hotels and TimeshareHotels are not 33listed as permitted uses. 34 c. CBD district. 35Apartment Hotels require conditional use 36approval. 37 d. PCD district. 38Timeshare Apartments shall comply with R-3 39district regulations.Boutique hotels are not listed as permitted uses. 40 e. SMU district. 41H require conditional use approval. OTELS 42Apartment Hotels,Boutique Hotels, and Timeshare Apartments are not 43listed as permitted uses. Motels are prohibited uses. 44 f. MU-L1 district, MU-L2 district, and MU-L3 district. 45 46Timeshare Hotels are not listed as permitted uses. Boutique 47Hotelsand M are prohibited uses. OTELS November 9, 2010 30 USE REGULATIONS 1 g. MU-H district. 2Boutique Hotels require conditional use 3approval and must be integrated into a commercial or mixed-use 4development and not exceed 30% of the gross floor area of the entire 5development. Apartment Hotels andTimeshare Apartments are not 6listed as permitted uses. Motels are prohibited uses. 7 23.Live-Work Units. 8 9 a. SMU district. 10 This subsection provides for the use of residential 11structures to accommodate live/work opportunities. L-WU IVEORKNITS 12shall be specifically designated on the site plan, and comply with the 13following standards and requirements. These provisions are not 14applicable to dwellings or occupations that meet the definition of home 15occupation. All respective site plan pages shall identify all proposed 16Live-Work Units and buildings. L-WU shall be tallied in IVEORKNITS 17the site plan tabular data. 18 19(1) Location. To minimize impacts to the greater 20neighborhood, units planned for L-WU shall be IVEORKNITS 21located at the perimeter of the residential project or along the 22project's principal roadway, and/or where possible, adjacent to 23perimeter/external rights-of-way. 24 25(2) Use(s): Non-residential uses that are permitted in L- IVE 26WU are generally limited to professional service, ORKNITS 27business service, or tutoring services. A listing of common uses 28permissible in L-WU, subject to issuance of IVEORKNITS 29occupational license are located in subsection 16 below. No 30work activity shall be permitted that by virtue of intensity or 31number of employees has the potential to create impacts by 32reason of traffic, parking issues, hazardous materials, or excess 33waste. The following list identifies the permitted uses within 34designated L-WU, subject to processing through the IVEORK NITS 35City’s Business Tax office: 36 37Addressing service/mailing list compiler 38Arbitrator, mediator services 39Cleaning services, maid, housekeeping, janitorial 40Commercial artist/design studio 41Commercial photography 42Computer programming service 43Computer software development 44Data processing 45Direct mail advertising services 46Editing, proofreading, typing service 47Paralegal November 9, 2010 31 USE REGULATIONS 1Party supplies, rental/leasing (office only, no storage on site) 2Private investigator 3Recording service 4Secretarial service 5Boat broker (office only) 6Alteration, dressmaking shop, tailor 7Abstract and/or title company 8Accountant/income tax services 9Adjusters, insurance 10Advertising office 11Appraiser 12Architect 13Attorney 14Auctioneer (office only) 15Author 16Broker 17Business analyst 18Calculating and statistical service 19Court reporting/stenographers 20Credit reporting 21Engineer’s office 22Importer/exporter (office only) 23Insurance agency/bond office 24Interior decorating 25Loan company office 26Market research office 27Model agency 28Notary public office 29Public relations office 30Real estate sales/management office 31Travel agency 32Tutoring or instruction (academics, music, art) 33Art studio with ancillary sales 34 35(3) Floor Area.The minimum floor area of a L-W IVEORK 36U shall be 1,000 square feet. No more than 750 square feet of NIT 37the L-WU shall be reserved for living space, IVEORKNIT 38including kitchen, bathroom, sleeping, and storage areas. The 39remaining gross floor area of each unit shall be reserved and 40regularly used for sleeping space. 41 42(4) Construction.Each L-WU shall be a separate IVEORKNIT 43unit from other uses in the building. The ground floor of all 44L-WU shall meet the Florida Building Code IVEORKNITS 45requirements for mixed occupancy buildings. Each unit, 46including the garage, shall be separated by walls from other 47L-WUor other uses in the building. IVEORKNITS November 9, 2010 32 USE REGULATIONS 1 2(5) Accessibility. Buildings designated as L-W IVEORK 3U shall provide universal accessibility to the front and to the NITS 4interior space of the nonresidential area of the Live-Work Unit 5from the public sidewalk adjacent to the street. 6 7(6) Miscellaneous. No more than two (2) on-site 8employees, in addition to the resident(s) of the L-W IVEORK 9U, may undertake business activities from said unit. At least NIT 10one resident of an individual L-WUshall maintain a IVEORKNIT 11current occupational license for a business located in that unit. 12Acknowledgment, in the form of an affidavit, of the employee 13limitation shall be made by the unit resident, at the time of 14application for an occupational license. The work area shall not 15be rented separately from the living space. 16 b.MU-L1 district, MU-L2 district, MU-L3 district, and MU-H 17 district. 18 The following restrictions apply to projects within zoning 19districts that contain Master Plans approved for L-WU: IVEORKNITS 20 21(1) Floor Area.The minimum floor area of a L-W IVEORK 22Ushall be 1,000 square feet. No more than 750 square feet of NIT 23the L-WUshall be reserved for living space, IVEORKNIT 24including kitchen, bathroom, sleeping, and storage areas. The 25remaining gross floor area of each unit shall be reserved and 26regularly used for sleeping space. 27 28(2) Use(s). The work activity in a building where 29L/WU are allowed shall be any use permitted by IVEORKNITS 30right in the zoning district, except that in order to protect the 31health and safety of persons who reside in a L-WU, IVEORKNIT 32no work activity shall be permitted that by virtue of size, 33intensity, number of employees or the nature of the operation, 34has the potential to create significant impacts by reason of dust, 35glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration 36or other impacts, or would be hazardous by way of materials, 37process, product or wastes. 38 39(3) Construction.Each L-WU shall be a separate IVEORKNIT 40unit from other uses in the building. 41 42(4) Accessibility. Access to each L-WU shall be IVEORKNIT 43provided from common access areas, common halls or corridors, 44or directly from the exterior of the building. 45 46(5) Separation.Each L-WU shall be a separate IVEORKNIT 47unit from other uses in the building. Access to each L-W IVEORK November 9, 2010 33 USE REGULATIONS 1Ushall be provided from common access areas, common NIT 2halls, or corridors, or directly from the exterior of the building. 3 4(6) Miscellaneous. At least one (1) resident of an 5individual L-WUshall maintain a current business tax IVEORKNIT 6receipt for a business located in that unit. No portion of a L- IVE 7WU may be separately rented or sold as a commercial ORKNIT 8space for a person or persons not living in the premises or as a 9residential space for a person not working in the same unit. No 10L-WU shall singly be changed to exclusively IVEORKNIT 11commercial or exclusively residential use. No conversion of all 12L-WU in a single structure to exclusively residential IVEORK NITS 13use shall be permitted where the work portion of the units is the 14only commercial use in a project, nor shall conversion to 15exclusively commercial use be permitted where the live portion 16of the units is the only residential use in a project. 17 24.Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store. 18 19 a. C-2 district. 20Gross floor area shall not exceed 5,000 square 21feet. The sale of ammunition or firearms is prohibited. 22 b.CBD district. 23 Bait and tackle shops are permitted as an 24accessory use to M,YC. ARINAS INCLUDING ACHTLUB 25 c.“Mixed-Use” districts. 26The sale of ammunition or firearms 27is prohibited. 28 25.Auto Dealer, New. 29 30 a. MU-L3 district and MU-H district. 31 Shall be part of a mixed-use 32development. Indoor storage / display only and shall not exceed 10,000 33square feet. This use excludes A,MR, and A UTOMOTIVEINOREPAIRUTO 34C/W. Conditional use approval shall be required if all or a ARASH 35portion of the inventory is located within a parking garage / structure. 36 37(1) Access.Shall not be directly from any major 38roadway. 39 40(2) Storage. No outside storage of materials, parts, and 41vehicles. 42 43(3) Design. Pursuant to Chapter 4, Article III, Section 443.A.7, overhead doors shall not be visible from any major 45roadway frontage. 46 November 9, 2010 34 USE REGULATIONS 1(4) Loudspeakers. No exterior loudspeakers or paging 2equipment shall be permitted on-site. 3 26.Auto Dealer, Used. 4 5 a. MU-L3 district and MU-H district. 6 Shall be part of a mixed-use 7development. Indoor storage / display only and shall not exceed 10,000 8square feet. This use excludes A,MR, and A UTOMOTIVEINOREPAIRUTO 9C/W. Conditional use approval shall be required if all or a ARASH 10portion of the inventory is located within a parking garage / structure. 11 12(1) Access.Shall not be directly from any major 13roadway. 14 15(2) Storage. No outside storage of materials, parts, and 16vehicles. 17 18(3) Design. Pursuant to Chapter 4, Article III, Section 193.A.7, overhead doors shall not be visible from any major 20roadway frontage. 21 22(4) Loudspeakers. No exterior loudspeakers or paging 23equipment shall be permitted on-site. 24 27.Beer, Wine, & Liquor Store. 25 26 a. All districts. 27Subject to the provisions of Chapter 3, Alcoholic 28Beverages, Part II, of the City Code of Ordinances. 29 b.C-3 district, CBD district, and PCD district. 30 Conditional 31use approval shall be required if located within 200 feet of a residential 32zoning district. 33 28. Boat Dealer / Rental. 34 35 a. C-4 district. 36BD/R, as a principal use, shall OATEALER ENTAL 37exclude the repair or service of vessels on the premises. AB OAT 38D/R is allowed as an accessory use to a M but EALER ENTALARINA 39conditional use approval is required.No exterior loudspeakers or paging 40equipment shall be permitted on-site. 41 b.MU-H district. 42BD/R is allowed as an OATEALER ENTAL 43accessory use to a M but conditional use approval is required. No ARINA 44exterior loudspeakers or paging equipment shall be permitted on-site. 45Storage / display allowed only in wet docks or indoor not to exceed 4610,000 square feet. The sales, rental, service, repairs, and storage of 47marine trailers are prohibited. November 9, 2010 35 USE REGULATIONS 1 29.Convenience Store. 2 3 a. All districts. 4Subject to the provisions of Chapter 3, Alcoholic 5Beverages, Part II, of the City Code of Ordinances. 6 b.PUD district, C-2 district, C-3 district, and C-4 district. 7 8Conditional use approval shall be required if located within 200 9feet from a residential zoning district. 10 c.CBD district. 11 Shall exclude drive-through facilities. 12 d.M-1 district. 13 This non-industrial use is allowed within the M-1 14district, provided that it 1) is located within a multiple-tenant 15development on a lot or leased parcel that fronts on an arterial or 16collector roadway; 2) does not exceed 2,500 square feet; 3) excludes a 17drive-up, drive-through, or drive-in facility; and 4) complies with all off- 18street parking requirements of Chapter 4, Article V. In addition, the sale 19of used merchandise is only allowed as accessory to the sale of new 20merchandise. 21 30.Gasoline Station. 22 23 a. All districts. 24 25 26(1) Location. GS, operating as ASOLINETATIONS 27principal uses are only allowed on properties located at 28intersections of rights-of-way consisting of four (4) or more 29lanes as designated by the Comprehensive Plan, excluding Local 30Streets. A maximum of two (2) GS shall be ASOLINETATIONS 31allowed at each intersection, and located at diagonal corners. A 32CS with retail gasoline sales is considered to ONVENIENCETORE 33be a GS and is therefore, restricted to these ASOLINETATION 34location requirements. 35 36(2) Lot Size. Minimum lot size: 30,000 square feet. 37 38(3) Frontage. Minimum street frontage: 175 feet on each 39frontage measured from the intersecting right-of-way lines of the 40public streets. 41 42(4) Access. 43 44(a) Only one (1) access driveway is allowed from 45each major street frontage. Driveways shall be located a 46minimum of 50 feet from the intersection unless county 47or state standards require a greater distance; November 9, 2010 36 USE REGULATIONS 1 2(b) Driveways shall be a minimum of 30 feet and a 3maximum of 45 feet in width; and 4 5(c) Driveways shall not be located less than 30 feet 6from any interior property line. 7 8(5) Setbacks. 9 10(a) No canopy shall be located less than 20 feet from 11any property line; and 12 13(b) No gasoline pump island shall be located less 14than 30 feet from any property line. 15 16(6) Storage. No outside storage of materials, parts, and 17no overnight storage of vehicles outside. 18 19(7) Design. Pursuant to Chapter 4, Article III, Section 203.G.4, all GS located on designated out-parcels ASOLINE TATIONS 21to shopping centers, business centers, or other planned 22commercial developments shall conform in design to the 23approved design plan of the principal center. 24 25(8) Landscaping. See landscaping standards in Chapter 4. 26 27(9) Lighting. See lighting standards in Chapter 4. 28 29(10) Except for where otherwise approved on a Master Sign 30Program, GSshall only be permitted to ASOLINETATIONS 31advertise on signage located within the property boundaries. 32 b.C-2 district, C-3 district, and C-4 district. 33 34 35(1) Use(s) Allowed:A CS;A/ ONVENIENCETOREUTO 36CW,A,MR;and A ARASHUTOMOTIVEINOREPAIRUTOMOTIVE 37WT/SI/A are allowed INDOW INTINGTEREO NSTALLATION LARMS 38as accessory uses to GS. ASOLINETATIONS 39 40(2) Setbacks Except for properties located within the 41Urban Commercial District Overlay Zone, the following building 42setbacks shall apply to all structures on the property including 43the primary structure, or any accessory structures such as car 44washes or above-ground storage facilities. 45 46(a) Building Front (and side corner). 35 feet; 47 November 9, 2010 37 USE REGULATIONS 1(b) Building Side. 20 feet; 2 3(c) Building Rear. 20 feet; 4 5(d) Automated Car Wash. The entrance to an 6automatic car wash shall be setback no less than 75 feet 7from the street lines in order to provide for an area of 8vehicular queuing (stacking). An accessory A/C UTOAR 9Wshall be fully automatic; and recycle all water ASH 10used in the car washing process. 11 12(3) No GS shall be located within 200 feet ASOLINETATION 13from a residential structure. Distances for the purpose of this 14subsection shall be measured from the closest gasoline pump 15island or canopy of the GS to the closest ASOLINETATION 16boundary wall of the residential structure. 17 c.PCD district. 18 19 20(1) Use(s) Allowed:A CS;A/ ONVENIENCETOREUTO 21CW,A,MR;and A ARASHUTOMOTIVEINOREPAIRUTOMOTIVE 22WT/SI/A are allowed INDOW INTINGTEREO NSTALLATION LARMS 23as accessory uses to GS. ASOLINETATIONS 24 25(2) Setbacks. The following building setbacks shall 26apply to all structures on the property including the primary 27structure, or any accessory structures such as car washes or 28above-ground storage facilities. 29 30(a) Building Front (and side corner) - 35 feet; 31 32(b) Building Side - 20 feet; 33 34(c) Building Rear - 20 feet; 35 36(d) Automated Car Wash - The entrance to an 37automatic car wash shall be setback no less than 75 feet 38from the street lines in order to provide for an area of 39vehicular queuing (stacking). An accessory A/C UTOAR 40Wshall be fully automatic; and recycle all water ASH 41used in the car washing process. 42 43(3) Separation. 44 45(a) No gasoline pump island shall be located less 46than 200 feet from any public right-of-way. 47 November 9, 2010 38 USE REGULATIONS 1(b) No GS shall be located within ASOLINETATION 2200 feet from a residential structure. Distances for the 3purposes of this subjection shall be measured from the 4closest gasoline pump island or canopy of the G ASOLINE 5S to the closest boundary wall of the residential TATION 6structure. 7 8(4) Relief from Standards. Waivers from the following 9standards may be granted in accordance with Chapter 2, Article 10II by the City Commission for existing projects annexed into the 11City, when the regulation cannot be fully complied with, but 12where the intent of the LDR is met: 13 14(a) Section 3.E.31.a(5)(a) above; 15 16(b) Section 3.E.31.a(5)(b) above; 17 18(c) Section 3.E.31.c(3)(a) above; or 19 20(d) Section 3.E.31.c(3)(b) above; 21 22The applicant shall provide justification of the waiver and submit 23a mitigation plan off-setting the impact. 24 d.MU-L3 district and MU-H district. 25 26 27(1) Use(s) Allowed. A CSisallowed ONVENIENCETORE 28as an accessory use to a GS. ASOLINETATION 29 30(2) Setbacks. 31 32(a) Building setbacks shall meet those required by 33the applicable zoning district. 34 35(b) Canopy structure over the fuel pumps shall be 36located either to the side or rear of its associated 37principal building. 38 39 L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOLINE OR 40 GASOLINE PRODUCTS. 41 42 1. Purpose. The purpose of these regulations is to establish development standards for commercial 43 establishments which engage in the sale of gasoline, or other motor fuels. These regulations are intended to 44 cover businesses of any type, including convenience stores and automotive service stations. The development 45 standards established by this section would overlay the development criteria stated in the zoning district in which 46 these uses are allowed. Businesses, which engage in the sale of gasoline or other motor fuels, shall require 47 conditional use approval. 48 November 9, 2010 39 USE REGULATIONS 1 2. Definitions. For the purpose of this ordinance, the following definitions shall apply: 2 3 Ancillary building or structure. A building or structure incidental to, subordinate to and subservient to 4 the principal building or structure located on the premises. 5 6 Ancillary use. A use incidental to, subordinate to and subservient to the principal use of the premises. 7 8 Automotive service station. The use of a building or other structure, on a lot or parcel of land which 9 includes any retail sale of gasoline or other motor fuels. 10 11 Convenience store. Any place of business that is engaged in the retail sale of groceries, including the 12 sale of prepared foods, and gasoline and services. The term “convenience store” does not include a store which is 13 solely or primarily a restaurant. 14 15 Gasoline dispensing establishments. Any commercial enterprise, including automotive service stations 16 and convenience stores, which engage in the sale of gasoline or other motor fuels to the public. 17 18 Grade separated intersections. Use of the term grade separated intersections shall mean any intersection 19 wherein one road passes over another road by means of a bridge or an overpass. 20 21 3. Development standards which apply to all gasoline dispensing establishments except those described 22 under Subsection 4. of this section below: 23 24 a. Location. 25 26 (1) All gasoline dispensing establishments not determined to be ancillary uses as described in 27 Subsection 4. below, shall be located only at the intersection of any combination of the following roads as 28 designated in the Boynton Beach Comprehensive Plan: 29 30 County arterial, 31 32 State arterial, 33 34 Local collector, or 35 36 County collector. 37 38 (2) Gasoline dispensing establishment shall only be located at any intersections consisting of roads 39 of four (4) lanes or wider. 40 41 (3) The maximum number of gasoline dispensing establishments located at any intersection shall 42 be two (2).Gasoline dispensing establishments shall only be located at diagonal corners of permissible 43 intersections. 44 45 b. Minimum plot size: thirty thousand (30,000) square feet. 46 47 c. Minimum street frontage: one hundred seventy-five (175) feet on each frontage measured from the 48 intersecting right-of-way lines of the public streets. 49 50 d. Driveways 51 November 9, 2010 40 USE REGULATIONS 1 (1) No driveway shall be located those distances delineated in Chapter 6, Article IV, Section 1 2 (Access) or as delineated in Chapter 23, Article II, Section H.3., from the intersecting right-of-way lines of public 3 streets. 4 5 (2) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in 6 width. 7 8 (3) Driveways shall not be located less than thirty (30) feet from any interior property line. 9 10 (4) Driveways will be limited to one (1) per street frontage. 11 12 e. Setbacks. Setback requirements shall apply to all structures on the property including the primary 13 structure, or any accessory structures such as car washes or above-ground storage facilities. 14 15 (1) Front -- 35 feet. 16 17 (2) Side -- 20 feet. 18 19 (3) Rear -- 20 feet. 20 21 (4) Other: 22 23 (a) No canopy shall be located less than twenty (20) feet from any property line. 24 25 (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. 26 27 (c) The entrance to a building wherein motor vehicles are washed by mechanical means shall 28 be located a minimum distance of seventy-five (75) feet from the street lines to provide an off-street area of 29 waiting vehicles. Car washes shall be a permitted accessory use at gasoline dispensing establishments. Car 30 washes shall: 31 32 1. be fully automatic; 33 34 2. recycle all water used in the car washing process. 35 36 f. Buffers. 37 38 (1) A ten-foot wide landscape buffer shall be located along the street frontage. This buffer shall 39 contain one (1) tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, 40 a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with 41 flowering groundcover. 42 43 (2) Interior property lines. 44 45 (a) A ten-foot wide landscaped buffer shall be located on all interior property lines. When the 46 buffer separates the property from a residentially zoned property, the buffer shall contain a six-foot concrete wall 47 landscaped on the exterior side by a continuous hedge no less than thirty-six (36) inches high and planted twenty- 48 four (24) inches on center at time of planting; trees ten (10) to fifteen (15) feet in height with three-inch caliper 49 every forty (40) feet; and groundcover. When the buffer separates the property from other commercial property, 50 the buffer shall not be required to contain a concrete wall. Landscaping shall be continuously maintained. 51 52 1. The wall shall be kept in good repair and appearance at all times. November 9, 2010 41 USE REGULATIONS 1 2 2. Openings with gates may be allowed where deemed appropriate by the City Commission. 3 4 g. Design criteria. 5 6 (1) All gasoline dispensing establishments located on designated out-parcels to shopping centers, 7 business centers, or other planned commercial developments shall conform in design to the approved design plan 8 of the principal center. 9 10 (2) Gasoline dispensing establishments shall conform to the community design plan. 11 12 (3) All gasoline dispensing establishments shall not install exterior site lighting which exceeds 13 photometric levels of 60-foot candles average maintained. Light fixtures must be baffled, shielded, screened or 14 recessed to prevent visibility of the lit portion of the fixture from off the premises. 15 16 h. Conditional use. Gasoline dispensing establishments are hereby designated as a conditional use as 17 that term is defined in Section 11.2. 18 19 i. Distance separation requirements. No gasoline dispensing establishment shall be located within 20 two hundred (200) lineal feet from a residential structure. Distances for the purpose of this subsection shall be 21 measured from the boundary line of the parcel on which the gasoline dispensing establishment is located to the 22 closest boundary wall of the residential structure. 23 24 (4) As to all gasoline dispensing establishments that are an ancillary use located or operated in or from 25 an ancillary building or structure within a parcel of land of not less than ten (10) acres within a “Planned 26 Commercial District” (PCD) governed by Section 6.F. of the City of Boynton Beach Zoning Code, and which 27 gasoline dispensing establishment is operated by the person(s) or entity(s) that operates the principal use located 28 on such parcel of land; and do not meet all of the requirements set forth under Subsection 3., above, the following 29 shall be applicable: 30 31 a. Setbacks. Setback requirements shall apply to all structures on the portion of the property on 32 which the gasoline dispensing establishment is located, including the primary structure for the gasoline 33 dispensing establishment, or any accessory structures such as above ground storage facilities. 34 35 (1) Front - 35 feet. 36 37 (2) Side - 20 feet. 38 39 (3) Rear - 20 feet. 40 41 (4) Other: 42 43 (a) No canopy shall be located less then twenty (20) feet from any property line. 44 45 (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. 46 47 (c) No gasoline pump island or canopy shall be located less than two hundred (200) feet from 48 any public right-of-way. 49 50 (d) No gasoline dispensing establishment shall be located within two hundred (200) feet from a 51 residential structure. Distances for the purpose of this subsection shall be measured from the closest gasoline November 9, 2010 42 USE REGULATIONS 1 pump island or canopy of the gasoline dispensing establishment to the closest boundary wall of the residential 2 structure. 3 4 b. Buffers. Except for permitted driveway openings, a five (5) foot wide landscaped buffer shall be 5 located around that portion of the parcel of which the gasoline dispensing establishment is located. When the 6 buffer separates the portion of the property on which the gasoline-dispensing establishment is located from a 7 residentially zoned property, the buffer shall contain a six (6) foot high concrete wall landscaped on the exterior 8 side by a continuous hedge no less than thirty-six (36) inches high and planted twenty-four (24) inches on center 9 at the time of planting; trees ten (10) to fifteen (15) feet in height with three-inch caliper every forty (40) feet; 10 and groundcover. When the buffer separates the portion of the property on which the gasoline dispensing 11 establishment is located from other commercial property, the buffer shall not be required to contain a concrete 12 wall. Landscaping shall be continuously maintained. 13 14 (1) The wall shall be kept in good repair and appearance at all times. 15 16 (2) Openings with gates may be allowed where deemed appropriate by the City Commission. 17 18 c. Design criteria. 19 20 (1) All gasoline dispensing establishments under this Section 4. shall conform to the community 21 design plan. 22 23 (2) No gasoline dispensing establishments under this Section 4. shall be permitted to advertise 24 product pricing on the site sign identifying the primary tenant or occupant. 25 26 (3) All gasoline dispensing establishments under this Section 4. shall not install exterior site 27 lighting which exceeds photometric levels of 60-foot candles average maintained. Light fixtures must be baffled, 28 shielded, screened, or recessed to prevent visibility of the lit portion of the fixture from off the premises. 29 30 d. Conditional use. Gasoline dispensing establishments defined as ancillary to a principal tenant of a 31 planned commercial district are hereby designated as a conditional use as that term is defined in Section 11.2. 32 33 e. Waivers of provisions 4. a. through d. above may be granted by the City Commission for existing 34 projects annexed into the City, when the regulation cannot be fully complied with, but where the intent of the 35 Land Development Regulations is met. The application shall provide justification for the waiver and submit a 36 mitigation plan offsetting its impact. 37 31.Grocery Store. 38 39 a. MU-L1 district, MU-L2 district, MU-L3 district, and MU-H 40 district. 41Gross floor area of grocery store must be a minimum of 4215,000 square feet and a maximum of 80,000 square feet. 43 32.Hardware Store. 44 45 a. CBD district. 46Excluding lumber or building materials dealers, 47lawn & garden shops, glass, electrical, plumbing, heating supplies, and 48the like. 49 November 9, 2010 43 USE REGULATIONS b.MU-L1 district, MU-L2 district, MU-L3 district, and MU-H 1 district. 2Indoor storage / display only and shall not exceed 10,000 3square feet. 4 33.Marine Accessories. 5 6 a. C-2 district. 7Excluding any installation on premises, and 8excluding machine shop service. 9 b.MU-L1 district, MU-L2 district, MU-L3 district, and MU-H 10 district. 11Indoor storage / display only and shall not exceed 10,000 12square feet. The sales, rental, service, repairs, and storage of marine 13trailers are prohibited. Marine customizing, detailing, service, parts, or 14repair is also prohibited. 15 34. Merchandise, Used (Antique Shop). 16 17 a. All districts. 18 Gross floor area shall not exceed 5,000 square 19feet. An Auction House is allowed but only as an accessory use to a 20lawful AS. NTIQUEHOP 21 35. Merchandise, Used (Other). 22 23 a. All districts. 24 This establishment shall be limited to 5,000 25square feet of gross floor area and must be located a minimum distance 26of 2,400 feet from another M,U(O) or M- ERCHANDISESEDTHERULTIPLE 27VM establishment, as measured by direct distance between ENDORARKET 28property lines. The floor area of an existing M,U ERCHANDISESED 29(O) establishment shall not be expanded in instances where located THER 30less than the minimum separation requirement. All new applications to 31operate such uses or applications for building permits to expand such 32uses shall be accompanied by an affidavit certifying compliance with 33this restriction. Exterior storage and display in connection with such 34uses shall be prohibited. 35 36.Mobile Vending Unit (MVU). 36 37 a. C-2 district, C-3 district, C-4 district, CBD district, PCD 38 district, and all “Mixed Use” districts. 39See Chapter 3, Article V, 40Section 10 for additional regulations regarding an MVU. 41 37.Multiple-Vendor Market. 42 43 a. All districts. 44 A M-VMshall be limited to ULTIPLEENDORARKET 455,000 square feet of gross floor area and must be located a minimum 46distance of 2,400 feet from another M-VM or ULTIPLEENDORARKET 47MU(O)establishment, as measured by direct ERCHANDISESEDTHER November 9, 2010 44 USE REGULATIONS 1distance between property lines. The floor area of an existing 2M-VM establishment shall not be expanded in ULTIPLEENDORARKET 3instances where located less than the minimum separation requirement. 4All new applications to operate such uses or applications for building 5permits to expand such uses shall be accompanied by an affidavit 6certifying compliance with this restriction. Exterior storage and display 7in connection with such uses shall be prohibited. 8 38.Nursery, Garden Center, & Farm Supply. 9 10 a. All districts. 11 The exterior display of live plants is exempt from 12the 300-foot distance requirement of Chapter 3, Article V, Section 5.D 13and such plants may remain outdoors after normal business hours 14provided that their placement complies with the location criteria of 15Chapter 3, Article V, Section 5.C. Conditional use approval shall be 16required however, if the establishment is located within 200 feet of a 17residential zoning district. 18 39.Pharmacy & Drug Store. 19 20 a. All districts. 21 No more than 15% of the total number of 22prescriptions sold within a 30 day period can be derived from the sale of 23Schedule II controlled substances as listed in Florida Statute 893.03. All 24pharmacies and drug stores shall be staffed by a state licensed 25pharmacist who shall be present during all hours the pharmacy, or 26pharmacy function of the drug store, is open for business. This 27restriction on prescription sales shall not apply to a pharmacy operating 28accessory to a facility licensed pursuant to FS Chapter 395 (e.g., 29H). OSPITAL 30 b.C-1 district. 31Gross floor area shall not exceed 5,000 square 32feet. 33 c. MU-H district. 34 Use shall be subject to the following 35distance separation requirements from similar uses, measured in a 36straight line, using the shortest distance between property lines shall be 37the following: 38 39(1) 750 feet: For uses with less than 5,000 square feet 40of gross floor area; 41 42(2) 1,500 feet: For uses with a gross floor area equal to or 43greater than 5,000 gross square feet. 44 45S.PHARMACIES AND DRUG STORES: 46 November 9, 2010 45 USE REGULATIONS 11.Purpose and Intent. See above under Section 11.R., MEDICAL, PROFESSIONAL AND 2BUSINESS OFFICES AND CLINICS. 3 42.Applicability. This Section applies to all pharmacies and drug stores. Such uses shall be 5subject to the following: 6 7a.No more than 15% of the total number of prescriptions sold within a thirty (30) day period can 8be derived from the sale of Schedule II controlled substances as listed in Florida Statute 893.03. All 9pharmacies and drug stores shall be staffed by a state licensed pharmacist who shall be present during 10all hours the pharmacy, or pharmacy function of the drug store, is open for business. This restriction on 11prescription sales shall not apply to a pharmacy operating accessory to a facility licensed pursuant to FS 12Chapter 395 (e.g. hospital). 13 143.Enforcement. See above under Section 11.R., MEDICAL, PROFESSIONAL AND BUSINESS 15OFFICES AND CLINICS. 16 40.Restaurant. 17 18 a. All districts 19. See Chapter 3, Article V. Supplemental 20Regulations regarding the Sidewalk Café permit. 21 b.C-1 district. 22 A Ris allowed as accessory use to a ESTAURANT 23BPO and / or a MD USINESS OR ROFESSIONALFFICEEDICAL OR ENTAL 24O but subject to the following conditions: FFICE 25 26(1) Signage. No external signage for the restaurant use 27shall be allowed; 28 29(2) Hours of operation shall be limited to coincide with the 30hours of operation of the principal use. 31 c.M-1 district. 32This non-industrial use is allowed provided that it 331) is located within a multiple-tenant development on a lot or leased 34parcel that fronts on an arterial or collector roadway; 2) does not exceed 352,500 square feet; 3) contains a maximum of 12 seats; 4) excludes a 36drive-up, drive-through, or drive-in facility; and 5) complies with all off- 37street parking requirements of Chapter 4, Article V. In addition, the sale 38of used merchandise is only allowed as accessory to the sale of new 39merchandise. 40 41.Restaurant (Take-Out). 41 42 a. M-1 district 43. This non-industrial use is allowed provided that it 441) is located within a multiple-tenant development on a lot or leased 45parcel that fronts on an arterial or collector roadway; 2) does not exceed 462,500 square feet; 3) excludes a drive-up, drive-through, or drive-in 47facility; and 4) complies with all off-street parking requirements of November 9, 2010 46 USE REGULATIONS 1Chapter 4, Article V. In addition, the sale of used merchandise is only 2allowed as accessory to the sale of new merchandise. 3 42.Auto / Car Washes (Polishing, Waxing, Detailing). 4 5 a. C-2 district, C-3 district, C-4 district, and PCD district. 6 Only 7a fully automated-style A/CW facility is allowed as an UTOARASH 8accessory use to a GS. However, conditional use ASOLINETATION 9approval is required for this component of the establishment. 10 43.Automobile Rental. 11 12 a. C-3 district. 13Allowed as an accessory use to A, UTOMOTIVE 14MR. Conditional use approval is required. In addition, the INOREPAIR 15following criteria must be met: 16 17(1) Location.On sites greater than 75 acres and only 18within a separate building in a shopping center, A UTOMOBILE 19Ris allowed subject to the following additional ENTAL 20conditions: 21 22(a) The customer service area shall be located within 23the building being used for an A,M UTOMOTIVEINOR 24R; EPAIR 25 26(b) No more than 12 automobiles shall be stored on- 27site for the purpose of rental, and such automobiles shall 28be stored in marked stalls; 29 30(c) No fueling or refueling of automobiles shall be 31permitted on-site. 32 b.C-4 district. 33Conditional use approval shall be required if 34located within 200 feet of a residential zoning district. A, UTOMOTIVE 35MRis allowed as an accessory use to AR, INOREPAIRUTOMOBILEENTAL 36provided that the service and maintenance of the fleet vehicles is 37relegated to the rental operation and not open to the public. 38 c.PCD district. 39Uses listed as conditional uses would be 40considered permitted uses if the following conditions are met: 41 42(1) If shown on the originally approved master plan; 43 44(2) Uses will not be subject to the minimum acreage 45requirements of the C-3 zoning district if the site meets the 46minimum acreage requirement for rezoning to PCD; and 47 November 9, 2010 47 USE REGULATIONS 1(3) All portions of any building dedicated to such use are 2separated from residentially zoned property by a distance of 200 3feet. 4 d. MU-L3 district and MU-H district. 5 The indoor storage / display 6of fleet vehicles are permitted but shall not exceed 10,000 square feet. 7Conditional use approval shall be required if all or a portion of the 8inventory is located within a parking garage / structure. 9 10(1) Access. Shall not be directly from any major 11roadway. 12 13(2) Storage. No outside storage of materials, parts, and 14vehicles. 15 16(3) Design. Pursuant to Chapter 4, Article III, Section 173.A.7, overhead doors shall not be visible from any major 18roadway frontage. 19 44.Automotive, Minor Repair. 20 21 a. C-2 district. 22A,MRis allowed as an UTOMOTIVEINOREPAIR 23accessory use to a GS. Conditional use approval is ASOLINETATION 24required for this component of the establishment. 25 b.C-3 district. 26A,MRis allowed as an UTOMOTIVEINOREPAIR 27accessory use to AR, provided that the service and UTOMOBILEENTAL 28maintenance of the fleet vehicles is relegated to the rental operation and 29not open to the public.A,MRis allowed as a UTOMOTIVEINOREPAIR 30principal use but conditional use approval is required and subject to the 31following: 32 Location. 33(1)A,MR is not UTOMOTIVEINOREPAIR 34permitted on sites less than five (5) acres in size. 35 36(a) On sites of greater than five (5) acres and less 37than 75 acres, all such uses shall be located in either a 38principal building of a shopping center or in a 39subordinate, stand-alone building and / or outparcel 40within a commercial Master Plan, provided that the 41subordinate stand-alone building and / or outparcel 42within a commercial Master Plan is not located between 43the principal building and an adjoining right-of-way or 44between the principal building and abutting residentially 45zoned property. 46 November 9, 2010 48 USE REGULATIONS 1(b) On sites of greater than 75 acres all such uses will 2be allowed to be located in a separate building in a 3shopping center. For the purpose of this section, motor 4vehicles shall mean only motorcycles, mopeds, passenger 5cars (a motor vehicle with motive power, except a 6multipurpose passenger vehicle or motorcycle, designed 7for carrying 10 persons or less), or multipurpose 8passenger vehicles (motor vehicle with motive power 9designed to carry 10 persons or less which is constructed 10either on a truck chassis or with special features for 11occasional off-road operation). All repair and service of 12vehicles shall be done within an enclosed building. 13 c.C-4 district. 14Conditional use approval shall be required if 15located within 200 feet of a residential zoning district. A, UTOMOTIVE 16MRis allowed as an accessory use to AR, INOREPAIRUTOMOBILEENTAL 17provided that the service and maintenance of the fleet vehicles is 18relegated to the rental operation and not open to the public. 19 d.PCD district. 20A,MRis allowed as an UTOMOTIVEINOREPAIR 21accessory use to AR, provided that the service and UTOMOBILEENTAL 22maintenance of the fleet vehicles is relegated to the rental operation and 23not open to the public.A,MRis allowed as a UTOMOTIVEINOREPAIR 24principal use but conditional use approval is required. Uses listed as 25conditional uses would be considered permitted uses if the following 26conditions are met: 27 28(1) If shown on the originally approved master plan; 29 30(2) Uses will not be subject to the minimum acreage 31requirements of the C-3 zoning district if the site meets the 32minimum acreage requirement for rezoning to PCD; and 33 34(3) All portions of any building dedicated to such use are 35separated from residentially zoned property by a distance of 200 36feet. 37 M-1 district. 38e. Excluding the keeping of vehicles in violation of 39City of Boynton Beach Code or Ordinances, and excluding automobile 40service GSselling motor fuels at retail. Any exterior ASOLINETATIONS 41storage of motor vehicles or boats in a wrecked condition shall be 42permitted only in connection with a lawful principal use, and shall be 43adequately screened. Conditional use approval shall be required if 44located within 200 feet of a residential zoning district. 45 45.Automotive, Major Repair. 46 47 November 9, 2010 49 USE REGULATIONS a. M-1 district. 1 Excluding the keeping of vehicles in violation of 2Chapter 9, Article III, of the City of Boynton Beach Code or Ordinances, 3and excluding automobile service GS selling motor ASOLINETATIONS 4fuels at retail. Any exterior storage of motor vehicles or boats in a 5wrecked condition shall be permitted only in connection with a lawful 6principal use allowed elsewhere in this section, and shall be adequately 7screened. Conditional use approval shall be required if located within 8200 feet of residential zoning district. 9 46.Automotive Window Tinting / Stereo Installation / Alarms. 10 11 a. C-2 district. 12AWT/S UTOMOTIVEINDOW INTINGTEREO 13I/A is allowed as an accessory use to a G NSTALLATIONLARMSASOLINE 14S; M,N(S,D, TATIONERCHANDISEEW UPERCENTERISCOUNT 15D,C); or an E&AS. EPARTMENTLUBLECTRONICS PPLIANCETORE 16Conditional use approval is required for this component of the 17establishment. 18 b.C-3 district. 19AWT/S UTOMOTIVEINDOW INTINGTEREO 20I/Ais allowed as an accessory use to A NSTALLATIONLARMSUTOMOBILE 21R, provided that the service and maintenance of the fleet vehicles ENTAL 22is relegated to the rental operation and not open to the public. 23AWT/SI/Ais UTOMOTIVEINDOW INTINGTEREO NSTALLATIONLARMS 24allowed as a principal use but conditional use approval is required and 25subject to the following: 26 27(1) Location.AWT/S UTOMOTIVEINDOW INTINGTEREO 28I/A is not permitted on sites less than five NSTALLATIONLARMS 29(5) acres in size. 30 31(a) On sites of greater than five (5) acres and less 32than 75 acres, all such uses shall be located in either a 33principal building of a shopping center or in a 34subordinate, stand-alone building and / or outparcel 35within a commercial Master Plan, provided that the 36subordinate stand-alone building and / or outparcel 37within a commercial Master Plan is not located between 38the principal building and an adjoining right-of-way or 39between the principal building and abutting residentially 40zoned property. 41 42(b) On sites of greater than 75 acres all such uses will 43be allowed to be located in a separate building in a 44shopping center. For the purpose of this section, motor 45vehicles shall mean only motorcycles, mopeds, passenger 46cars (a motor vehicle with motive power, except a 47multipurpose passenger vehicle or motorcycle, designed November 9, 2010 50 USE REGULATIONS 1for carrying 10 persons or less), or multipurpose 2passenger vehicles (motor vehicle with motive power 3designed to carry 10 persons or less which is constructed 4either on a truck chassis or with special features for 5occasional off-road operation). All repair and service of 6vehicles shall be done within an enclosed building. 7 c.C-4 district. 8Conditional use approval shall be required if 9located within 200 feet of a residential zoning district. A UTOMOTIVE 10WT/SI/Ais allowed as an INDOW INTINGTEREO NSTALLATIONLARMS 11accessory use to AR, provided that the service and UTOMOBILEENTAL 12maintenance of the fleet vehicles is relegated to the rental operation and 13not open to the public. 14 d.PCD district. 15AWT/S UTOMOTIVEINDOW INTINGTEREO 16I/Ais allowed as an accessory use to A NSTALLATIONLARMSUTOMOBILE 17R, provided that the service and maintenance of the fleet vehicles ENTAL 18is relegated to the rental operation and not open to the public. 19AWT/SI/Ais UTOMOTIVEINDOW INTINGTEREO NSTALLATIONLARMS 20allowed as a principal use but conditional use approval is required. Uses 21listed as conditional uses would be considered permitted uses if the 22following conditions are met: 23 24(1) If shown on the originally approved master plan; 25 26(2) Uses will not be subject to the minimum acreage 27requirements of the C-3 zoning district if the site meets the 28minimum acreage requirement for rezoning to PCD; and 29 30(3) All portions of any building dedicated to such use are 31separated from residentially zoned property by a distance of 200 32feet. 33 e.M-1 district. 34 Excluding the keeping of vehicles in violation of 35the City of Boynton Beach Code or Ordinances, and excluding 36GS selling motor fuels at retail. Any exterior storage ASOLINETATIONS 37of motor vehicles or boats in a wrecked condition shall be permitted 38only in connection with a lawful principal use and shall be adequately 39screened. Conditional use approval shall be required if located within 40200 feet of a residential zoning district. 41 47.Bar & Nightclub. 42 43 a. MU-L2 district and MU-L3 district. 44Permitted only on 45lots fronting on arterial or collector roadways. 46 48.Check Cashing. 47 November 9, 2010 51 USE REGULATIONS 1 a. C-3 district, C-4 district, and PCD district. 2C HECK 3C shall be limited to 5,000 square feet of gross floor area and ASHING 4must be located a minimum distance of 2,400 feet from another such 5establishment, as measured by direct distance between property lines. 6The floor area of an existing CC establishment shall not be HECKASHING 7expanded in instances where located less than the minimum separation 8requirement. All new applications to operate such uses or applications 9for building permits to expand such uses shall be accompanied by an 10affidavit certifying compliance with this restriction. 11 49.Dry Cleaner. 12 13 a. All districts. 14Cleaning services are limited to retail customers 15and includes the alteration and / or repair of clothing. 16 b.SMU district, MU-L1 district, MU-L2 district, MU-L3 17 district, and MU-H district. 18On-site drop-off and pick-up is allowed as 19a permitted use; however, any cleaning or laundering activities 20conducted on the premises requires conditional use approval, and the 21floor area of such establishment cannot exceed 2,000 square feet. 22 50.Funeral Home. 23 24 a. C-3 district, C-4 district, and PCD district. 25Conditional 26use approval shall be required if located within 200 feet of a residential 27zoning district. 28 b.PU district. 29 A FHis allowed as an accessory use UNERALOME 30to a C. Conditional use approval shall be required if located EMETERY 31within 200 feet of a residential zoning district. 32 51.Personal Care (Beauty, Hair, Nails). 33 34 a. PUD district, C-2 district, C-3 district, C-4 district, CBD 35 district, PCD district, and all “Mixed Use” districts. 36In these 37districts, body piercing and tattooing are allowed, but only as accessory 38to a lawful principal use. In the M-1 district however, such businesses 39are allowed as a principal use, but only in accordance with Section 403.E.11 above 3.E.10 above. 41 52.Pet Care (Boarding and Daycare). 42 43 a. All districts. 44Conditional use applications must include 45provisions for proper care and mitigation of potential impacts on 46adjacent properties.PC(BD)is allowed as ETARE OARDING AND AYCARE 47an accessory use to either a PC(G) or PC ETAREROOMINGETARE November 9, 2010 52 USE REGULATIONS 1(VS)establishment, but it requires conditional use ETERINARY ERVICES 2approval if it exceeds 25% of the floor area or 2,500 square feet, 3whichever is less. 4 b.C-2 district, C-3 district, C-4 district, CBD district, SMU 5 district, MU-L1 district and MU-L2 district. 6 No external 7kenneling is allowed in these districts, either as a principal or accessory 8use. 9 c.PCD district. 10No external kenneling is allowed, either as a 11principal or accessory use. Uses listed as conditional uses would be 12considered permitted uses if the following conditions are met: 13 14(1) If shown on the originally approved master plan; 15 16(2) Uses will not be subject to the minimum acreage 17requirements of the C-3 zoning district if the site meets the 18minimum acreage requirement for rezoning to PCD; and 19 20(3) All portions of any building dedicated to such use are 21separated from residentially zoned property by a distance of 600 22feet. 23 d.M-1 district. 24Conditional use approval shall be required if 25located within 600 feet of a residential zoning district. External 26kenneling shall only be allowed for those establishments located in 27excess of 600 feet from residentially zoned property. Such uses shall 28also comply with the requirements of Section 4-4 of Part II, Chapter 4 of 29the Code of Ordinances, except that the maximum enclosure size and 30area standards within 4-4(b)2.a shall not apply. 31 53.Postal / Mail Center. 32 33 a. All districts. 34Storage of delivery trucks is prohibited. 35 b.C-1 district. 36Allowed as an accessory use to a B USINESS OR 37POMDO. Gross floor ROFESSIONALFFICE OR A EDICAL OR ENTALFFICE 38area shall not exceed 2,500 square feet. 39 c.MU-H district. 40This use shall be limited to a maximum 41gross floor area of 2,500 square feet. 42 54.Repair, Rental, & Maintenance of Home / Garden Tools. 43 44 a. C-3 district. 45Excluding exterior display or storage of 46merchandise. 47 November 9, 2010 53 USE REGULATIONS b.PCD district 1. Excluding exterior display or storage of 2merchandise. The repair and service of merchandise shall be permitted 3as either an accessory or principal use, for any merchandise, which is 4typically sold in the PCD district. 5 55.Travel Agency. 6 7 a. C-1 district 8. Gross floor area shall not exceed 5,000 square 9feet. 10 56. Business or Professional Office. 11 12 a. “Mixed-Use” districts. 13 This use shall be integrated into a 14mixed-use building or development and may not occupy more than 50% 15of the gross floor area of any given building or exceed 30% of the gross 16floor area of the mixed use development. However, this requirement 17does not include those developments that contain such uses in excess of 18100,000 square feet. 19 b.M-1 district 20. This non-industrial use is allowed but is restricted 21to upper floors of the development. 22 57.Call Center. 23 24 a. CBD district and all “Mixed-Use” districts. 25 This use 26shall be prohibited on the first floor. 27 58.Hospital. 28 29 a. PU district 30. A helipad (also known as a Helistop) may be 31allowed as an accessory use to a Hestablishment, but it shall OSPITAL 32require conditional use approval. 33 59.Cemetery. 34 35 a. C-1 district, C-2 district, C-3 district, C-4 district, PCD 36 district, MU-L1 district, MU-L2 district, and MU-L3 district. 37 On 38parcels 10 acres or greater, a Cmay be allowed as an accessory EMETERY 39use to a FHestablishment. UNERALOME 40 60.Church. 41 42 a. R-1-AAB district, R-1-AA district, R-1-A district, and R-1 43 district. 44Expansions and improvements to, and redevelopment of 45pre-existing places of worship that do not meet the minimum lot 46standards of the zoning district, or the other requirements of Section November 9, 2010 54 USE REGULATIONS 13.E.14 above shall be allowed in accordance with the following 2requirements: 3 4(1) Improvements shall only be allowed if the subject 5property was under proper ownership prior to the adoption of 6these regulations. Ownership shall be based on the records of 7the County Property Appraiser’s Office. 8 9(2) Rights-of-way for primary access shall be adequate and 10improved in accordance with (Engineering Design Handbook 11and Construction Standards); 12 13(3) The size of building improvements shall be allowed up to 14a maximum of 100% of the pre-existing area. 15 16(4) Expansions that would increase operational space or 17capacity, shall require that all existing parking areas and related 18landscaping meet the requirements of the City’s land 19development Regulations. 20 21(5) Parking. Projects eligible for parking space 22reductions of the MLK Overlay District, shall be required to 23meet a minimum of 75% of the spaces required under Chapter 4, 24Article V, Section 3.D. 25 26(6) Non-conforming and blighted conditions. Expansions 27that increase operational space or capacity shall require 28improvements to all existing facilities to raise them to a similar 29appearance level as the proposed improvement and additions. 30Sidewalks shall be added where partially or totally absent along 31the boundary of the subject use. This requirement shall apply to 32all parcels used to the support the principal use, including those 33lots that abut the principal lot or that are separated from the 34principal lot by other properties or rights-of-way. 35 36(7) Design. Additions or new facilities shall be 37designed to be compatible with its surroundings and / or adopted 38community redevelopment plan to further the historic and 39architectural character of the neighborhood. 40 41(8) No newly proposed physical improvements other than a 42wall / fence or landscaping shall be placed closer than 30 feet 43from a parcel containing or zoned for a single-family residence. 44 45(9) Any outdoor play areas shall be located a minimum of 30 46feet from a parcel containing or zoned for single-family 47residence. November 9, 2010 55 USE REGULATIONS 1 2(10) The foregoing conditions shall also apply to ay repairs or 3reconstruction required due to damage from fire, a major storm 4event, or other natural occurrence. 5 b. R-2 district and R-3 district. 6 7 8(1) Separation. Distances between residential properties 9and outdoor play areas shall be maximized. 10 11(2) Landscaping. A minimum buffer width of five (5) feet 12and a landscaping barrier shall be required for all parking and 13vehicle use areas, and outdoor recreation areas that abut single- 14family residential zoning districts. 15 c.SMU district, MU-L1 district, MU-L2 district, MU-L3 16 district, and MU-H district. 17A Cshall be integrated into a HURCH 18mixed-use building or development and may not occupy more than 50% 19of the gross floor area of any given building or exceed 30% of the gross 20floor area of the mixed use development. 21 61. Community Facilities. 22 23 a. All districts. 24 25 26(1) Use(s). All buildings and properties that are city owned 27and / or operated and engaged in the performance of a public 28function may be permitted in any district as defined herein. 29However, this excludes storage, maintenance, and treatment 30facilities as a principal use and uses that have extensive storage, 31maintenance, or treatment facilities on-site. 32 62.Essential Services. 33 34 a. All districts. 35 36 (1) Use(s). 37O. ELECTRIC SUBSTATIONS, SWITCHING 38STATIONS AND UTILITY FACILITIES. ES SSENTIALERVICES 39such as electric Electric substations, switching stations, and 40utility facilities, and the like are allowable in all land use 41categories and zoning districts subject to full site plan review as 42described in Chapter 2, Article II Chapter 4 and subject to 43screening on all sides with walls or acceptable landscaping as 44described in Chapter 4, Article II Chapter 9, Section 10, 45paragraph C4. (Ord. No. 96-51, § 1, 1-21-97; Ord. No. 96-66, § 461, 1-7-97; Ord. No. 99-24, § 2, 9-7-99; Ord. No. 01-52, § 3, 10- 474-01; Ord. No. 02-011, § 2, 3-19-02; Ord. No. 03-048, § 2, 10-7- November 9, 2010 56 USE REGULATIONS 103; Ord. No. 04-027, § 2, 4-20-04; Ord. No. 05-034, §3, 7-19- 205) 3 63.Organization, Civic & Fraternal. 4 5 a. C-3 district, C-4 district, CBD district, and PCD district. 6 7Conditional use approval shall be required if located within 200 8feet of a residential zoning district. 9 b.SMU district, MU-L1 district, MU-L2 district, and MU-L3 10 district. 11Shall be integrated into a mixed-use building or development 12and may not occupy more than 50% of the gross floor area of any given 13building or exceed 30% of the gross floor area of the mixed use 14development. 15 64.Adult Entertainment. 16 17 a. Finding of Fact. 18 The City acknowledges that nude and 19exotic dancing and entertainment is an expression protected under the 20First Amendment of the Constitution of the United States. Such 21expression communicates a message to the intended audience but shall 22not be obscene, as defined by the courts, nor involve children. The 23Supreme Court has upheld local regulations that are not intended to 24preclude such protected expression, but rather to prevent the harmful 25side effects known as “secondary effects.” Based on various reports, 26studies, and judicial opinions generated throughout the country, 27including within the State of Florida, the City of Boynton Beach finds it 28in the interest of health, safety, peace, property values, and general 29welfare of the people and businesses of the City of Boynton Beach to 30regulate said businesses to control the secondary effects associated with 31them. Secondary effects have been proven to include, in part, increased 32criminal activities, moral degradation, depreciation of property value, 33and harm to the economic welfare of the community as a whole. 34 35By limiting the location and concentration of such uses, by limiting the 36proximity of such uses to places of residence and public gathering, and 37by restricting the sale of alcohol within or nearby said establishments, 38the secondary effects referenced above will be avoided or minimized. 39Also contributing to the control of secondary effects are restrictions on 40operational characteristics, including the interaction between nude or 41partially nude entertainers, and patrons, customers, other employees and 42entertainers, given the threat they represent to the health of others 43through the spread of communicable and social disease. Requirements 44regarding buffers and stage designs are intended to protect public health 45while preserving the forms of expression intended by the protected nude 46and exotic entertainment. 47 November 9, 2010 57 USE REGULATIONS b. Terms and Definitions. 1 See Chapter 1, Article II for all 2terms and definitions (e.g., Alcoholic Beverage Establishment; Nudity; 3Partial Nudity) pertaining to AE establishments. DULTNTERTAINMENT 4 c. All districts. 5 In addition to the requirements of the underlying 6zoning district, other applicable general regulations, County licensing 7requirements, and Section 3-6 of Part II City Code of Ordinances, the 8following requirements shall apply to AE DULTNTERTAINMENT 9establishments: 10 11(1) No AE establishment shall be DULTNTERTAINMENT 12located closer than 750 feet from any other adult entertainment 13establishment measured from lot boundary to lot boundary along 14a straight airline route, except when the property containing the 15AE establishment is separated from the DULTNTERTAINMENT 16above use by the I-95 right-of-way and CSX rights-of-way, or 17the Boynton (C-16) Canal right-of-way. 18 19(2) No AE establishment shall be DULTNTERTAINMENT 20located closer than 750 feet from any C use (house of HURCH 21worship); residential zoning district (including a mixed-use 22district containing a residential component or a mixed-use pod of 23a Planned Industrial Development); Public Usage (PU) district; 24recreation district except where the subject property is a 25preserved natural area not accessible to the general public; or 26schools measured from lot boundary to lot boundary along a 27straight airline route, except when the property containing the 28adult entertainment establishment is separated from the above 29uses by the I-95 and CSX Railroad rights-of-way, or the Boynton 30(C-16) Canal right-of-way. 31 32M.ADULT ENTERTAINMENT ESTABLISHMENTS; SPECIAL 33RESTRICTIONS. 34 35(1)NoAE establishment shall be located closer DULTNTERTAINMENT 36than 1,000 feet from any other adult entertainment establishment 37measured from lot boundary to lot boundary along a straight airline 38route; 39 40(2)NoAE establishment shall be located closer DULTNTERTAINMENT 41than 1,000 feet from anyC church, residential zoning district and HURCH 42/ use, Public Usage district, Recreation district, or school, measured 43from any lot boundary to lot boundary along a straight airline route. 44 65.Artist Studio. 45 46 November 9, 2010 58 USE REGULATIONS a. C-3 district, C-4 district, CBD district, PCD district, and all 1 “Mixed Use” districts . 2The fabrication, bending, welding, 3assembly, or processing of any heavy metal, wood, plastic, or similar 4products shall only be allowed for establishments located within the M-1 5district. 6 66.Entertainment, Indoor. 7 8 a. C-2 district. 9Limited to Amusement Arcades and shall be only 10allowed in a shopping plaza located on an arterial roadway. 11 b.M-1 district. 12 Limited to Amusement Arcades only. 13 67.Entertainment, Outdoor. 14 15 a. C-3 district and PCD district. 16Must be at least 1,000 feet 17from a residential use. 18 68.Indoor Athletic Instruction. 19 20 a. CBD district and MU-H district 21. Gross floor area shall not 22exceed 5,000 square feet. 23 69.Marina, including Yacht Club. 24 25 a. All districts. 26M,IYCare limited to ARINASNCLUDINGACHTLUBS 27the following uses: mooring and docking of private pleasure craft; sale 28of fuels and lubricants; occupancy of private craft as living quarters 29provided that such craft are connected to public sewer facilities; 30operation of drift and Charter fishing boats and sightseeing boats; bait 31and tackle shops. 32 b. IPUD district. 33 Private marinas, as a principal uses, 34requires the following: 35 36(1) Minimum Lot Area: Four (4) acres. 37 38(2) Minimum Lot Frontage: 150 feet and minimum 39average width of 200 feet. 40 41(3) Maximum Height: 45 feet. 42 43(4) Principal land uses may include boat and yacht clubs, and 44private or public marinas (see Chapter 1, Article II Definitions) 45contingent upon being located within an area identified with the 46“Preferred” siting designation by the 2007 Palm Beach County 47Manatee Protection Plan. However major repairs and boatels, or November 9, 2010 59 USE REGULATIONS 1residing on boats, shall be prohibited in the IPUD district. 2Additionally, all sale or minor repair of boats, or components 3thereof, shall only occur within a fully enclosed structure except 4as otherwise allowed by paragraph #6 below. The above noted 5principal uses, when combined with residential uses, in which 6the residential component occupies 25% or more of the total land 7area, shall be considered permitted uses, otherwise such marine 8uses shall require conditional use approval. 9 10(5) Boatels and the residing on boats shall be prohibited 11within the IPUD district, except that temporary stays shall be 12allowed for a maximum of three (3) nights within a 12-month 13period. 14 15(6) The following uses shall be allowed as accessory to one 16of the principal marine uses described above: boat brokerages, 17ship’s stores, tackle shops, maritime museums or other related 18educational uses, restaurants, boat ramps, and other launching 19facilities. 20 21(7) Marine-oriented and water dependent uses shall meet all 22the requirements of Section 3.C.5 above, except for 23subparagraph “a” in that a M may be the sole principal use ARINA 24of a project and is not required as a component of a mixed-use 25development containing dwelling units. 26 27(8) No outdoor dry storing or stacking of boats or other 28related items shall be allowed, except that outdoor displays are 29allowed for sales purposes as long as the boats are restricted to 30ground level display, are not visible from abutting rights-of-way 31or residential properties, and are not placed within landscape 32areas or required parking spaces. 33 34(9) Wash down and other post-use servicing shall be done 35within the dry storage building or within an enclosed structure 36(e.g., three-sided and roofed) designed and oriented to minimize 37external impacts. 38 39(10) Water used for flushing and other cleaning activities shall 40be properly pretreated prior to discharge into the stormwater 41system, and conservation measures shall be considered to 42facilitate reclamation/recycling. 43 44(11) No outdoor speakers shall be allowed other than for low 45volume music that is not audible off-site. 46 November 9, 2010 60 USE REGULATIONS 1(12) In addition to adhering to the City’s sound regulations, 2no equipment, machines, or tools shall be used between the 3hours of 8:00 a.m. and 6:00 p.m. that generates noise unique to a 4residential neighborhood. 5 6(13) See Chapter 4, Article III, Section 3.G.6 for additional 7design regulations for commercial buildings and boat storage 8facilities. 9 10(14) Landscaping above and beyond the regulations cited 11elsewhere in this code shall be required for all non-residential 12buildings in excess of 40,000 square feet, in order to reduce the 13perceived scale and massing of such buildings. 14 15(15) The width of the foundation planting areas visible from 16streets or residential properties shall be 50% of the facade height. 17The applicant may submit an alternate planting plan that depicts 18the required screening/softening of the large building facades, 19however in no instance shall the planting area be less than 12 20feet in width. 21 22(16) The height of the plant material shall be in relation to the 23height of the adjacent facade or wall. Further, the height of 50% 24of the required trees or palms shall be a minimum of two-thirds 25(2/3) of the height of the building. One (1) canopy tree or a 26cluster of three (3) palm trees shall be installed within the 27foundation planting area every 20 feet on center along each 28façade visible from streets or residential properties. Canopy and 29palm trees shall be distributed along the entire façade where 30foundation landscaping areas are required, with understory plant 31material arranged in the areas between the low growing shrubs 32and tree or palm canopies. The applicant may submit an 33alternate planting plan that depicts the rearrangement of plant 34material in order not to interfere with required building enhances 35discussed herein. 36 37(17) A perimeter landscape barrier shall be required between 38incompatible uses and/or zoning districts; or where there are 39differences in density, intensity, or building heights or mass; or 40for those certain uses requiring additional screening in order to 41shield outdoor storage or operations. The barrier shall consist of 42a decorative buffer wall of at least six (6) feet in height, in 43addition to a variety of densely planted trees, hedges and shrubs. 44 In areas where sufficient width is provided or staff determines 45additional buffering is warranted, a berm may be required in 46addition to the above regulations. 47 November 9, 2010 61 USE REGULATIONS 1(18) The applicant shall demonstrate through site design and 2buffering how sound associated with the non-residential 3components of the project will be mitigated. 4 70.Rentals, Recreational (Bicycles, Canoes, Personal Watercraft). 5 6 a. MU-L1 district, MU-L2 district, and MU-L3 district. 7 8 Indoor storage / display only and shall not exceed 10,000 square 9feet. 10 71.Sightseeing & Scenic Tours. 11 12 a. All districts. 13 Vehicles used in support of the operation that are 14of a size in excess of a standard parking stall shall be stored in a zoning 15district where outdoor storage of vehicles is allowed. 16 b.CBD district, MU-L1 district, MU-L2 district, MU-L3 17 district, and MU-H district. 18Sightseeing boats are allowed in 19conjunction with a M,IYC. ARINANCLUDINGACHTLUB 20 72.Theater. 21 22 a. All districts. 23All outdoor style theaters (i.e. band shell, 24amphitheater) require conditional use approval. 25 73.Day Care. 26 27 a. R-1-AAB district, R-1-AA district, R-1-A district, R-1 28 district, and PUD district. 29 The following applies to facilities to be 30located within zoning districts limited to single family homes: 31 32(1) Design. Building design shall be consistent with 33surrounding residential styles in accordance with Chapter 4, 34Article III, Section 3.G.7. 35 36(2) Lot Size. A minimum of one-half (0.5) acre. 37 38(3) Separation. Minimum separation requirement between 39Dshall be 2,400 feet (this distance separation AYCARES 40requirement should not apply to daycare uses limited to specific 41groups such as Cmembers, and should not be intended to HURCH 42place restrictive limits on the expansion / improvement of those 43uses existing prior to codification. 44 b.R-2 district and R-3 district. 45 46 November 9, 2010 62 USE REGULATIONS 1(1) Location. Along the following roadway types as 2designated in the City of Boynton Beach Comprehensive Plan: 3arterials and collectors; 4 5(a) Lot size. One (1) acre; 6 7(b) Landscaping. A minimum buffer width of five 8(5) feet and a landscaping barrier shall be required for all 9parking and vehicle use areas, and outdoor recreation 10areas that abut residential zoning districts. Distances 11between outdoor play areas shall be maximized; 12 13(c) Design. Building design shall be consistent 14with surrounding residential styles in accordance with 15Chapter 4, Article III, Section 3.G.7. 16 17(d) Separation. Minimum separation requirement 18between Dshall be 2,400 feet (this distance AY CARES 19separation requirement should not apply to daycare uses 20limited to specific groups such as Cmembers, and HURCH 21should not be intended to place restrictive limits on the 22expansion / improvement of those uses existing prior to 23codification. 24 c.PCD district. 25Uses listed as conditional uses would be 26considered permitted uses if the following conditions are met: 27 28(1) If shown on the originally approved master plan; 29 30(2) Uses will not be subject to the minimum acreage 31requirements of the C-3 zoning district if the site meets the 32minimum acreage requirement for rezoning to PCD; and 33 34(3) All portions of any building dedicated to such use are 35separated from residentially zoned property by a distance of 200 36feet. 37 74.School, Primary and Secondary. 38 39 a. C-3 district. 40This use is allowed, provided that it is located in a 41stand-alone building and not within a multi-tenant development. 42 75.Storage, Boats / Motor / Recreational Vehicles. 43 44 a. Landscaping. 45 All exterior storage shall be adequately screened. 46Additional buffering may be required as recommended by the Director 47of Planning & Zoning to ensure compatibility. November 9, 2010 63 USE REGULATIONS 1 b.CBD district, MU-L2 district, MU-L3 district, and MU-H 2 district. 3 The wet storage of boats is allowed as an accessory use to 4a M,YC. The dry storage of boats shall be ARINA INCLUDING ACHTLUB 5prohibited. 6 c.M-1 district. 7 No exterior storage of boats, motor, or 8recreational vehicles in a wrecked condition shall be permitted. 9 Landscaping. 10(1)All exterior (temporary) storage of fleet 11vehicles shall be adequately screened. Additional buffering may 12be required as recommended by the Director of Planning & 13Zoning to ensure compatibility. 14 Lighting 15(2). If a facility abuts a residential zone, 16outdoor lighting fixtures shall be no more than 20 feet in height 17and shall be shielded away from residential property. 18 76.Storage, Self-Service. 19 20 a. All districts. 21 All self-storage facility uses shall comply with the 22following: 23 24(1) Rental facility office. A maximum of 1,000 square feet 25of the rental office may be devoted to the rental and / or sale of 26retail items used for moving and storage and including, but not 27limited to carton, tape and packing materials. 28 29(2) Security quarters. A single residential unit for 30security purposes, not to exceed 1,200 square feet may be 31established on the site of a S-SS facility ELFERVICE TORAGE 32provided that said facilities is at least 30,000 square feet. This 33dwelling unit shall be considered a limited exception to the 34general prohibition of residential uses in industrial zones. The 35security quarters may continue only so long as the S-S ELFERVICE 36Sfacility remains active. The security quarters shall be TORAGE 37for the exclusive use of, and shall be occupied only by a guard, 38custodian, caretaker, owner, manager, or employee of the owner 39of the facility, and his respective family. 40 41(3) Use of bays. The use of storage bays shall be limited to 42dead storage of household goods, personal property, or records 43for commercial businesses. Storage bays shall not be used to 44manufacture, fabricate or process goods; service or repair 45vehicles, boats, small engines or electrical equipment, or to 46conduct similar repair activities; conduct garage sales or retail 47sales of any kind; or conduct any other commercial or industrial November 9, 2010 64 USE REGULATIONS 1activity. Individual storage bays or private postal boxes within a 2S-SSfacility shall not be considered a ELFERVICE TORAGE 3premises for the purpose of assigning a legal address in order to 4obtain approval or other governmental permit or license to 5conduct business. Other prohibited uses include storage, sale, 6salvage, transfer, or disposal of junk, scrap, garbage, offal, 7refuse, or other waste materials. Further: 8 9(a) The maximum size of a storage bay shall be 10limited to 450 square feet. 11 12(b) Storage bay doors shall not face any abutting 13property that is residentially zoned or any public or 14private right-of-way. 15 16(c) Lighting. If a facility abuts a residential 17zone, outdoor lighting fixtures shall be no more than 20 18feet in height and shall be shielded away from residential 19property. 20 21(d) Loudspeakers. No exterior loudspeakers or 22paging equipment shall be permitted on site. 23 24(e) Design. For all S-SS ELFERVICE TORAGE 25facilities adjacent to or visible from any right-of-way, the 26following shall apply: 27 28(i) The exterior colors, facades, windows, 29roof and building materials of all structures 30located onsite shall be compatible with the 31character of or vision for the surrounding area. 32S-S facilities shall ELFSERVICETORAGE 33incorporate design elements to achieve the effect 34of office structures. 35 36(ii) All facades viewable from rights-of-way 37shall provide variety and interest. These facades 38shall not exceed 50 feet in length without visual 39relief by means of a vertical reveal at least one 40(1) foot in depth and 10 feet in width, a 41perceptible change in wall angle, or a corner. 42Other design attributes shall include, roof slope 43and materials, windows, awnings, fencing and 44other aesthetic elements. 45 46(f) Refuse. Dumpsters and trash receptacles 47shall be screened from view of adjacent lots and streets. November 9, 2010 65 USE REGULATIONS 1 2(g) Exterior Storage. 3 4(i) Vehicles shall not be stored within the 5area set aside for minimum building setbacks or 6in areas designated for landscaping buffering 7purposes. 8 9(ii) Pleasure boats stored on site shall be 10placed and maintained upon wheeled trailers. No 11dry stacking shall be permitted on-site. 12 13(iii) The outside storage area shall be 14constructed with a dust-free surface. 15 b. Multi-Access Self-Storage Facilities. 16 In addition to the 17general standards above, multi-access self-service storage facilities shall 18comply with the following regulations: 19 20(1) Lot size. The minimum lot size for a multi-access 21self-storage facility shall be two (2) acres. 22 23(2) Circulation. The following on-site circulation standards 24shall apply: 25 26(a) Interior: Interior loading areas shall be provided 27in the form of aisleways adjacent to the storage bays. 28These aisle ways shall be used both for circulation and 29temporary customer parking while using storage units. 30The minimum width of these aisleways shall be 25 feet if 31only one-way traffic is permitted, and 30 feet if two-way 32traffic is permitted. A minimum width of 12 feet 33between aisleways will be required when utilized for 34outdoor storage. 35 36(b) Flow: The one or two-way traffic flow patterns 37in aisle ways shall be clearly marked. Markings shall 38consist of standard directional signage and painted lane 39markings with arrows. 40 41(c) Access: Appropriate access and circulation by 42vehicles and emergency equipment shall be ensured 43through the design of internal turning of aisle ways. 44 45(3) Height. Limited access and combination multi-access and 46limited-access S-SSfacilities shall conform to ELFERVICE TORAGE 47the maximum height for that district. The maximum height for November 9, 2010 66 USE REGULATIONS 1multi-access S-SS facilities shall not exceed ELFERVICE TORAGE 225 feet. These heights will include any screening required to 3conceal air-conditioning or any other mechanical equipment. 4 c. Limited Access Self-Storage Facilities. 5 In addition to the 6general standards above, limited-access self-storage facilities shall 7comply with the following regulations: 8 9(1) Lot size. The minimum lot size for a limited access 10self-storage facility shall be one (1) acre. 11 12(2) Loading. 13 14(a) Each entry point used to access hallways leading 15to the storage bays shall accommodate a minimum of 16two loading berths and related maneuvering area. 17 18(b) The loading areas shall not interfere with the 19primary circulation system on site. 20 21(3) Circulation. The following on-site circulation standard 22shall apply: 23 24(a) Interior. If a minimum 20 feet accessway is 25provided adjacent to the building and serves no other use 26except the self-service storage facility, then the loading 27area may be established parallel and adjacent to the 28building. It will be required to satisfy current regulations 29for driveway accessibility dependent on one-way or two- 30way traffic. 31 32(i) One-way: 25 feet. 33 34(ii) Two-way: 30 feet. 35 d. SMU district, MU-L1 district, MU-L2 district, and MU-L3 36 district. 37 Only limited-access S-SSfacilities are ELFERVICE TORAGE 38allowed within mixed-use districts. Multi-access S-S ELFERVICE 39Sfacilities are prohibited. TORAGE 40 41(1) Location. Permitted only on lots fronting on major 42arterial roadways. S-SSuses shall only be ELFERVICE TORAGE 43allowed above the first floor within mixed-use structures. Retail 44uses unrelated to the storage business are relegated to the 45ground-floor. Street frontages of the ground floor area shall be 46devoted to one or more principal retail and office uses, not 47related to the self-storage use, to a depth of at least 20 feet. November 9, 2010 67 USE REGULATIONS 1 2(2) Driveways. Access to the S-SS use ELFERVICE TORAGE 3portion of the structure shall not be from / to an arterial roadway 4and must be screened from public rights-of-way. 5 6(3) Design. Buildings shall be designed to have the 7appearance of a multi-story retail, office, and / or residential 8structure through the use of windows, shutters, and appropriate 9building elements on the upper floors. 10 e. M-1 district. 11 12 13(1) Buffers. All perimeter buffers adjacent to 14residentially-zoned property shall contain a continuous wall or 15hedge and trees, installed no less than 25 feet on-center. 16 17(2) Exterior Storage. In connection with a S-S ELFERVICE 18S facility, open storage of boats, motor, or recreational TORAGE 19vehicles of the type customarily maintained by private 20individuals for their personal use and commercial vehicles shall 21be permitted provided the following: 22 23(a) The outdoor storage area shall not exceed 40% 24percent of the area of the site. 25 26(b) Outdoor storage areas shall be entirely screened 27from public and private rights-of-way and non-industrial 28properties. Screening materials shall be comprised of a 29buffer wall, eight (8) feet in height, or by the project’s 30principal and / or accessory building(s) or a combination 31thereof. Trees, installed no less than 25 feet on-center, in 32conjunction with shrubs and / or other foundation 33plantings, shall be placed on the outside of the buffer 34wall, within a landscaping strip of at least five (5) feet in 35width. The shrubs and foundation plantings shall be at 36least four (4) feet in height at the time of installation. 37However, their inclusion may be waived by the Director 38of Planning and Zoning if determined to be unnecessary. 39 40 O. SELF SERVICE STORAGE FACILITIES (MINI-WAREHOUSES). 41 42 1. General. All self-storage facility uses shall comply with the following: 43 44 a. Rental facility office. The rental facility office shall be located facing a collector street. A maximum of 45 1000 square feet of the rental office may be devoted to the rental and sale of retail items used for moving and storage and 46 including, but not limited to carton, tape and packing materials. The property manager shall be permitted to conduct 47 auctions for the sole purpose of selling abandoned items left in bays, provided an appropriate license is obtained from 48 Business Tax Receipts. The rental of trucks and trailers used for moving and the installation of hitch and towing November 9, 2010 68 USE REGULATIONS 1 packages shall be allowed, subject to all approvals required for the zoning district in which the self service storage facility 2 is located. 3 4 b. Security quarters. A single residential unit for security purposes may be established on the site of a self 5 service storage facility and shall be considered a limited exception to the general prohibition of residential uses in 6 industrial zones. The security quarters may continue only so long as the self service storage facility remains active. The 7 security quarters shall be for the exclusive use of, and shall be occupied only by a guard, custodian, caretaker, owner, 8 manager or employee of the owner of the facility, and his family. Such person shall be actively engaged in provided 9 security, custodial or managerial services upon the premises. A security quarters shall not be rented to any person other 10 than such persons. 11 12 c. Use of bays. The use of storage bays shall be limited to dead storage of household goods, personal 13 property or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or process goods; 14 service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct 15 garage sales or retail sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or 16 private postal boxes within a self-service storage facility shall not be considered a premises for the purpose of assigning a 17 legal address in order to obtain a business tax receipt or other governmental permit or license to do business. Further: 18 19 (1) The maximum size of a storage bay shall be limited to four hundred fifty (450) square feet. 20 21 (2) Storage bay doors shall not face any abutting property which is residentially zoned, nor any public or 22 private street. 23 24 d. Outside Storage. In connection with a self service storage facility, open storage of recreational vehicles 25 and of pleasure boats of the type customarily maintained by private individuals for their personal use and commercial 26 vehicles shall be permitted provided the following: 27 28 (1) The storage area shall not exceed 40 percent of the area of the site. 29 30 (2) The storage area shall be entirely screened from view from public and private roads and abutting non- 31 industrial zoned property by a building on site or by installation of a six (6) foot high solid masonry fence or a wall 32 supplemented with a minimum of twelve (12) foot tall trees spaced nor more than twenty-five (25) feet on center and 33 foundation planting a minimum of two (2) feet in height installed within a five (5) foot wide landscape strip located on 34 the outside of the wall, unless the foundation planting is determined by the Development Director to be unnecessary due 35 to limited purpose/visibility, or if the lack of access to the landscape area would create maintenance difficulties. 36 37 (3). Vehicles shall not be stored within the area set aside for minimum building setbacks or in areas 38 designated for landscape buffering purposes. 39 40 (4) No vehicle or boat maintenance, or repair shall be permitted on site. Washing shall be conducted only 41 within a designated wash area that drains to a storm drain equipped with a pollution control device acceptable to the City 42 Engineer. Pleasure boats stored on site shall be placed and maintained upon wheeled trailers. No dry storage or dry 43 stacking shall be permitted on-site. 44 45 (5) The outside storage area shall be constructed with a dust-free surface. 46 47 e. Separation between storage buildings. If separate buildings are constructed, there shall be a minimum ten 48 foot separation between individual buildings within the facility. 49 50 f. Outdoor lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than 51 twenty feet in height and shall be shielded away from residential property. 52 November 9, 2010 69 USE REGULATIONS 1 g. Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on site. 2 3 h. Architectural compatibility. For all self-storage facilities adjacent to or visible from an arterial roadway, the 4 following shall apply: 5 6 (1) The exterior colors, facades, windows, roof and building materials of all structures located onsite shall 7 be compatible with the character of the neighborhood. Self-service storage facilities shall incorporate design elements to 8 achieve the effect of office structures. 9 10 (2) All facades viewable from the arterial roadway shall provide variety and interest. These facades shall 11 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 12 (10) feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include, roof slope and 13 materials, windows, awnings, fencing and other aesthetic elements. 14 15 i. Signage. Self-service storage facilities in the M-1 district shall be subject to the provisions of Chapter 21, 16 Article 4. 17 18 j. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. 19 20 k. Height. Limited access and combination multi-access and limited-access self-storage facilities shall 21 conform to the maximum height for that district. The maximum height for multi-access self-storage facilities shall not 22 exceed twenty-five (25) feet. These heights will include any screening required to conceal air-conditioning or any other 23 mechanical equipment. 24 25 l. Buffers. All perimeter buffers shall be subject to the provisions of Chapter 7.5, Article II, Section 5 26 concerning buffer requirements. In addition, any perimeter adjacent to a residential district shall include a continuous 27 hedge or wall in addition to trees planted no further than twenty-five (25) feet on center. 28 29 2. Supplemental standards for multi-access self-storage facilities. In addition to the general standards above, 30 multi-access self-service storage facilities shall comply with the following regulations: 31 32 a. Minimum lot size. The minimum lot size for a multi-access self-storage facility shall be two (2) acres. 33 34 b. Circulation. The following on-site circulation standards shall apply: 35 36 (1) Interior. Interior loading areas shall be provided in the form of aisle ways adjacent to the storage bays. 37 These aisle ways shall be used both for circulation and temporary customer parking while using storage units. The 38 minimum width of these aisle ways shall be twenty-five (25) feet if only one (1)-way traffic is permitted, and thirty (30) 39 feet if two (2)-way traffic is permitted. A minimum width of twelve (12) feet of width between storage aisles will be 40 required when a portion of this aisle space is utilized for outdoor storage. 41 42 (2) Flow. The one (1) or two (2)-way traffic flow patterns in aisle ways shall be clearly marked. Markings 43 shall consist of standard directional signage and painted lane markings with arrows. 44 45 (3) Access. Appropriate access and circulation by vehicles and emergency equipment shall be ensured 46 through the design of internal turning of aisle ways. 47 48 c. Parking. Parking shall be provided at a rate of one (1) space per two hundred (200) storage bays, plus one 49 (1) space per three hundred (300) feet of office space and two (2) security spaces. 50 51 3. Supplemental standards for limited access self-storage facilities. In addition to the general standards above, 52 limited-access self-storage facilities shall comply with the following regulations: November 9, 2010 70 USE REGULATIONS 1 2 a. Minimum lot size. The minimum lot size for a limited access self-storage facility shall be one (1) acre. 3 4 b. Loading. 5 6 (1) Each entry point used to access hallways leading to the storage bays shall accommodate a minimum of 7 two (2) loading berths and related maneuvering area. 8 9 (2) The loading areas shall not interfere with the primary circulation system on site. 10 11 (3) If a minimum twenty (20)- foot access way is provided adjacent to the building and serves no other use 12 except the self-service storage facility, then the loading area may be established parallel and adjacent to the building. It 13 will be required to satisfy current regulations for driveway accessibility dependent on one (1)-way or two (2)-way traffic. 14 15 c. Parking. Parking shall be provided at a rate of one (1) space per seventy-five (75) storage bays, plus one 16 space per three hundred (300) feet of office space and two (2) security spaces. 17 18 d. Use limitations. Retail sales shall be prohibited on site except those permitted by Section O.1.a. 19 20 e. Hours of operation. The hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. seven (7) days a 21 week. 22 23 f. Outdoor lighting. Outdoor lighting shall be designed to prevent light spillage onto residential uses. 24 25 4. Multi-access and limited-access combinations: A combination of multi-access and limited-access self-storage 26 facilities may be permitted within the same site plan, pursuant to the supplemental standards shown above for each of the 27 uses. 28 77. Warehousing. 29 30 a. C-4 district. 31This use is allowed within the C-4 district but it 32shall not be located on a lot or leased parcel that fronts on an arterial 33roadway. 34 b.M-1 district. 35 Conditional use approval shall be required if 36located within 200 feet of a residential zoning district. 37 78.Wholesale Trade. 38 39 a. C-4 district. 40This use is allowed within the C-4 district but it 41shall not be located on a lot or leased parcel that fronts on an arterial 42roadway. 43 b.M-1 district. 44Conditional use approval shall be required if 45located within 200 feet of a residential zoning district. 46 79.Boat Repair. 47 48 a. Landscaping. 49 All exterior (temporary) storage shall be 50adequately screened. Additional buffering may be required as November 9, 2010 71 USE REGULATIONS 1recommended by the Director of Planning & Zoning to ensure 2compatibility. 3 b.M-1 district. 4 No exterior storage of boats in a wrecked 5condition or the dry stacking of any boats shall be permitted. 6 80.Carpet and Upholstery Cleaning Services. 7 8 a. C-3 district, C-4 district, and PCD district. 9 Permitted 10off-site only. 11 81.Contractor. 12 13 a. Refuse. 14Dumpsters and trash receptacles shall be screened 15from view of adjacent lots and streets. 16 b.C-4 district. 17 18 19(1) Location. This use is allowed within the C-4 district 20but it shall not be located on a lot or leased parcel that fronts on 21an arterial roadway. 22 23(2) Use(s) Allowed. 24 25(a) Office and showroom only as a permitted use. 26 27(b) C’ outdoor storage and workshop ONTRACTORS 28shall require conditional use approval if located within 29200 feet of a residential zoning district. 30 c.M-1 district. 31C’ outdoor storage and workshop ONTRACTORS 32shall require conditional use approval if located within 200 feet of a 33residential zoning district. 34 82.Exterminating and Pest Control. 35 36 a. M-1 district. 37Conditional use approval shall be required if 38located within 200 feet of a residential zoning district. 39 83. Lawn Maintenance & Landscaping Service. 40 41 a. Refuse. 42Dumpsters and trash receptacles shall be screened 43from view of adjacent lots and streets. 44 b.C-4 district. 45 46 November 9, 2010 72 USE REGULATIONS 1(1) Location. This use is allowed within the C-4 district 2but it shall not be located on a lot or leased parcel that fronts on 3an arterial roadway. 4 5(2) Use(s) Allowed. 6 7(a) Office and showroom only as a permitted use. 8 9(b) Outdoor storage and workshop shall require 10conditional use approval if located within 200 feet of a 11residential zoning district. 12 84.Radio & TV Broadcasting. 13 14 a. All districts. 15Refer to the Wireless Communication Facilities 16section in Chapter 3, Article V (Supplemental Regulations) of the Land 17Development Regulations. 18 85.Rental / Leasing, Industrial & Commercial Equipment. 19 20 a. Landscaping. 21All exterior (temporary) storage of equipment 22shall be adequately screened. Additional buffering may be required as 23recommended by the Director of Planning & Zoning to ensure 24compatibility. 25 b.M-1 district. 26 Outdoor storage of equipment shall require 27conditional use approval if located within 200 feet of a residential 28zoning district. No exterior storage of equipment in a wrecked condition 29shall be permitted. 30 86. Repair & Maintenance, Industrial and Commercial. 31 32 a. Landscaping. 33All exterior (temporary) storage of equipment 34shall be adequately screened. Additional buffering may be required as 35recommended by the Director of Planning & Zoning to ensure 36compatibility. 37 b. M-1 district. 38 Outdoor storage of equipment shall require 39conditional use approval if located within 200 feet of a residential 40zoning district. No exterior storage of equipment in a wrecked condition 41shall be permitted. 42 87.Research & Development, Scientific / Technological. 43 44 a. M-1 district. 45 Excluding treatment, storage, or processing of 46human or animal bodies or body parts. Medical or scientific research November 9, 2010 73 USE REGULATIONS 1which involves the use, treatment, storage, or processing of human or 2animal bodies or body parts would require conditional use approval. 3 88. Sewer / Septic & Waste Mgmt Cleaning. 4 5 a. M-1 district. 6This use excludes the storage, treatment, transfer, 7dumping, or disposal of waste on-premises. Conditional use approval 8shall be required if located within 200 feet of a residential zoning 9district. 10 89. Taxi, Limo, Charter Bus. 11 12 a. C-2 district, C-3 district, C-4 district, CBD district, and PCD 13 district. 14Office only; Fleet vehicles shall be stored in a zoning 15district where S,B,/M/RVis TORAGEOATSOTORECREATIONAL EHICLES 16allowed. 17 b.M-1 district. 18 No exterior (temporary) storage of fleet vehicles 19in a wrecked condition shall be permitted. Conditional use approval 20shall be required if located within 200 feet of a residential zoning 21district. 22 23(1) Landscaping. All exterior (temporary) storage of fleet 24vehicles shall be adequately screened. Additional buffering may 25be required as recommended by the Director of Planning & 26Zoning to ensure compatibility. 27 28(2) Lighting. If a facility abuts a residential zone, 29outdoor lighting fixtures shall be no more than 20 feet in height 30and shall be shielded away from residential property. 31 32(3) Loudspeakers. No exterior loudspeakers or paging 33equipment shall be permitted on site. 34 90Community Garden. 35. 36 a. All Districts. 37 38 39(1) Setbacks. The cultivation area shall be setback or 40designed (planted) a minimum distance so as to not violate any 41cross-visibility requirements and safe-sight standards required 42near vehicular use areas. 43 44(2) Design. Walkways shall be unpaved except as 45necessary to meet the needs of individuals with disabilities. 46 November 9, 2010 74 USE REGULATIONS 1(3) Parking. Community gardens shall be exempt from 2the off-street parking requirements of Chapter 4, Article V 3Minimum Off-Street Parking Requirements. No vehicles, 4including harvesting machinery shall be stored on the subject 5property or within the abutting right-of-way, except that such 6vehicles may be on the property as necessary for completion of 7grading performed in accordance with a land development 8permit. See Chapter 2, Article III, Section 3 for the regulations 9pertaining to the land development permit. 10 11(4) Hours of Operation. No activity shall be conducted on- 12site between the hours of 9 p.m. and 7 a.m. 13 14(5) Exterior Lighting. No temporary or permanent 15exterior lighting shall be used beyond the lawful hours of 16operation. 17 18(6) Walls and Fences. Walls and fences shall be allowed 19and regulated in accordance with Chapter 3, Article V, Section 2. 20 21(7) Open Burning. The open burning of neighborhood 22gardens shall be prohibited.See Part II City Code of 23Ordinances, Chapter 9, Article II, Section 9-18 for the 24restrictions on open burning. 25 26(8) Signage. Pursuant to Chapter 4, Article IV, Section 271.E, a non-illuminated sign with noncommercial copy is allowed, 28provided that it does not exceed three (3) square feet in area. If 29proposed as a freestanding structure, the sign shall not be greater 30than four (4) feet in height and must be located at least 10 feet 31from any property line. 32 33(9) Grading and Ground Elevation. The subject site 34shall not be excavated, graded, dredged, or filled to the extent 35that it would change existing drainage patterns or cause 36rainwater to outfall onto abutting properties or rights-of-way. 37 b. Residential Districts. 38 39 40(1) IPUD district, PUD district, and MHP district. A 41community garden shall only be allowed on lands considered 42common area by the homeowners or property owners’ 43association or upon lots that are owned by such association. 44 45(2) Lot Size. The maximum lot size shall not exceed 46one-half (0.5) acre. 47 November 9, 2010 75 USE REGULATIONS 1(3) Freestanding Structures and Site Amenities. No 2freestanding structures or site amenities allowed under Chapter 33, Article V, Section 3 (e.g., sheds and storage containers, 4generators and fuel tanks, compost bins and tumblers, 5agricultural structures) shall be allowed. 6 7(4) Seed and Fertilizer. No seed or fertilizer shall be stored 8on-site. 9 10(5) Approval Process. A community garden shall require 11the approval of a zoning permit in accordance with Chapter 2, 12Article II, Section 5.B. 13 c. All Commercial and Mixed-Use Districts. 14 15 16(1) Lot Size. The maximum lot size shall not exceed 17one (1) acre. 18 19(2) Separation. A community garden shall be separated 20from another community garden by a minimum of 1,000 feet. 21 22(3) Freestanding Structures and Site Amenities. Freestanding 23structures and site amenities, including but not limited to sheds 24and storage containers, generators and fuel tanks, compost bins 25and tumblers, or agricultural structures are allowed, provided 26that they are installed, placed, erected, or constructed in 27accordance with the respective provisions of Chapter 3, Article 28V, Section 3. 29 30(4) Lot Coverage. The ground area of all freestanding 31structures and site amenities allowed under Chapter 3, Article V, 32Section 3 that are installed, placed, erected, or constructed shall 33count towards lot coverage; and all of these, including principal 34structures, shall not exceed the maximum allowed by the 35respective zoning district. 36 37(5) Approval Process. A community garden shall require 38the approval of a zoning permit in accordance with Chapter 2, 39Article II, Section 5.B. However, those containing storage and / 40or agricultural structures greater than 100 square feet as provided 41for in the Supplemental Regulations (Chapter 3, Article V, 42Section 3) shall require approval of conditional use and site plan 43applications in accordance with Chapter 2, Article II, Section 2. 44 45(6) Retail Sales. The on-site sale of fruits, vegetables, nuts, 46or herbs harvested on-site is allowed, but only in connection with 47the approval of a special event permit. Any temporary farm November 9, 2010 76 USE REGULATIONS 1stand used during the special event period shall be no larger than 272 square feet and seven (7) feet in height. No fruits, vegetables, 3nuts, or herbs harvested off-site or any products produced off- 4site shall be brought to the subject property and sold on-site. 5 Section 4. Conditional Uses 6 7 A. Applicability 8. Section 11.2. Conditional uses. A. SCOPE. Where zoning 9district regulations indicate that a use is allowed as a conditional use, the procedures, 10requirements, and standards set out in Chapter 2, Article II, Section 2.C and this section 11shall apply. 12 B. Definition 13. See Chapter 1, Article II Definitions. B. DEFINITION. A 14conditional use is a use that would not be appropriate generally, or without restriction, 15throughout a zoning classification or district. Such uses however, if controlled as to 16area, location, number, or relation to the neighborhood, would promote public 17appearance, comfort, convenience, general welfare, good order, health, morals, 18prosperity, and safety of the city. Such uses may be allowed in a zoning classification 19or district as a conditional use if specific provision for such a conditional use is made in 20these zoning regulations. 21 C.Standards for Evaluating Conditional Uses. 22 D. STANDARDS FOR 23EVALUATING CONDITIONAL USES. The planning and development board and 24City Commission shall consider only such conditional uses as are authorized under the 25terms of these zoning regulationsand, in connection therewith, may grant conditional 26uses absolutely or conditioned upon the faithful adherence to and fulfillment of such 27restrictions and conditions including, but not limited to, the dedication of property for 28streets, alleys, recreation space and sidewalks, as shall be determined necessary for the 29protection of the surrounding area and the citizens' general welfare, or deny conditional 30uses when not in harmony with the intent and purpose of this section. In evaluating an 31application for conditional use, the Board board and Commission commission shall 32consider the effect of the proposed use on the general health, safety, and welfare of the 33community and make written findings certifying that satisfactory provisions has been 34made concerning all of the following standards, where applicable: 35 1. 36 Ingress and egress to the subject property and proposed structures 37thereon, with particular reference to automobile and pedestrian safety and 38convenience, traffic flow and control, and access in case of fire or catastrophe; 39 2. 40 Off-street parking and loading areas where required, with particular 41attention to the items in subsection C D.1. above, and the economic, glare, noise, 42and odor effects the conditional use will have on adjacent and nearby properties, 43and the city as a whole; 44 3. 45 Refuse and service areas, with particular reference to the items in 46subsection C D.1. and C D.2. above; 47 November 9, 2010 77 USE REGULATIONS 4 1. Utilities, with reference to locations, availability, and compatibility; 2 5. 3 Screening, buffering and landscaping with reference to type, dimensions, 4and character; 5 6 6. Signs, and proposed exterior lighting, with reference to glare, traffic 7safety, economic effect, and compatibility and harmony with adjacent and 8nearby properties; 9 7. 10 Required setbacks and other open spaces; 11 8. 12 General compatibility with adjacent properties, and other property in the 13zoning district; 14 9 15. Height of buildings and structures, with reference to compatibility and 16harmony to adjacent and nearby properties, and the city as a whole; 17 10 18. Economic effects on adjacent and nearby properties, and the city as a 19whole; 20 11. 21 Where applicable, the proposed use furthers the purpose and intent of a 22corresponding mixed use zoning district or redevelopment plan; 23 2411. Conformance to the standards and requirements which apply to site plans, 25as set forth in Chapter 4 of the City of Boynton Beach Land Development 26Regulations; 27 12. 28 Compliance with, and abatement of nuisances and hazards in accordance 29with the Operational Performance Standards as indicated in Chapter 3, Article 30IV, Section 1 and the performance standards, Section 4.N of Chapter 2; also, 31conformance to the City of Boynton Beach Noise Control Ordinance, Part II, 32Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances; and 33 13. 34 Required sound study and analysis. All conditional use applications for 35bars, nightclubs and similar establishments shall include the following analysis 36performed by a certified acoustic engineer: 37 a. 38 Data on the sound emitting devices/equipment and the methods 39and materials to be used to assure that the acoustic level of the City 40Code will be met; 41 b. 42 The analysis shall specify the authority and/or basis for 43determination of the acoustic level of the sound emitting devices/ 44equipment; 45 c. 46 The analysis of any sound retention, reduction or reflection shall 47include information such as the nature, types and coefficients of sound November 9, 2010 78 USE REGULATIONS 1absorbent and sound-reflecting materials to be used, coatings of the 2surfaces of ceilings, walls, windows, and floors and insulation to be 3used; and / or 4 d. 5 It shall also verify that sound standards shall be met during the 6normal opening of doors for people entering and exiting the 7establishment. 8 Section 5. Non-conforming Uses. 9 10 A. Definition. 11 See Chapter 1, Article II. Definitions. 12 B. Existing Uses 13 Section 11.1. Nonconforming uses and structures. A. 14EXISTING USES. Any lawful use of land or structures existing on the effective date of 15the adoption or amendment of these zoning regulations, but which would become a 16nonconforming use under the terms of these regulations or future amendments hereto, 17shall be permitted to continue, subject to the provisions of this section pertaining to its 18extension, alteration, reconstruction, Business Tax renewal continuance, discontinuance 19or change. 20 21H.STATUS OF EXISTING USES REQUIRING CONDITIONAL USE 22APPROVAL. Any use or structure in lawful existence at the time of adoption or 23amendment of these zoning regulations which would thereafter require a conditional use 24approval under its provisions shall be construed to be a nonconforming use. Such uses 25or structures may become conforming upon application, review, and approval as a 26conditional use according to the procedures and standards set forth in these zoning 27regulations for conditional use approvals. However, if approval of a conditional use is 28not granted for such use or structure, then it shall continue to be construed as 29nonconforming. Any enlargement, increase, extension, or intensification of a use or 30structure which would require such approval as if it were a new use or structure. Any 31alteration or movement of such use which the development director finds does not 32enlarge, increase, extend, or intensify the use, shall not require conditional use approval, 33but shall conform to all other applicable provisions contained in the Boynton Beach 34Land Development Regulations. (Ord. No. 96-51, § 8, 1-21-97; Ord. No. 01-48, § 2, 9- 354-01; Ord. No. 04-027, § 7, 4-20-04). 36 C. Non-Conforming Use Limitations 37 38 1. Use of Land 39B. NONCONFORMING USES OF LAND. 1. 40No nonconforming use of land shall be enlarged or increased, nor extended to 41occupy a greater area of land than was occupied on the effective date of the 42adoption or amendment of these regulations, unless such use is subsequently 43changed to a use permitted in the district in which such use is located. 44 452. No such nonconforming use shall be moved in whole or in part to any 46other portion of the lot or parcel occupied by such use on the effective date of 47the adoption or amendment to these regulations, nor shall such nonconforming November 9, 2010 79 USE REGULATIONS 1use be moved to any other parcel or located in any district within which said use 2is not permitted. 3 43. No additional structures or buildings shall be erected in connection with 5such nonconforming use of land. 6 2. Use of Structures 7 D. NONCONFORMING USES OF 8STRUCTURES. 1. The nonconforming use of a building or other structure 9may be extended throughout any part of the building or structure which was 10clearly designed and intended for such use at the date of the effective adoption 11or amendment of these regulations. Any nonconforming use which occupies a 12portion of a building or other structure not originally designed or intended for 13such use shall not be extended to any other part of the building or structure. No 14nonconforming use may be extended to occupy any land outside the building or 15structure, nor any additional building or structure on the same plat, which was 16not used for such nonconforming use at the effective date of the adoption or 17amendment of these regulations. 18 192. No structure used for a nonconforming use shall be enlarged, extended, 20reconstructed, or structurally altered, unless the use is changed to one which 21complies with the provisions of this chapter [ordinance]. However, ordinary 22repairs, maintenance and improvements, such as plumbing or wiring, 23replacement of nonbearing walls, fixtures or other interior alterations, shall be 24permitted each year in an amount not to exceed twenty-five (25) percent of the 25assessed value of the building or structure for that year as determined by the 26Palm Beach County Property Appraiser, subject to the provisions of the 27preceding paragraph and provided such work does not increase the cubic volume 28of the structure, the floor area devoted to the nonconforming use or the number 29of dwelling units. Nothing in these regulations shall prevent compliance with 30applicable laws or ordinances relative to the safety and sanitation of a building 31occupied by nonconforming use. 32 D. Change of Use 33. G. CONTINUANCE, DISCONTINUANCE OR 34CHANGE OF NONCONFORMING USE. Any part of a structure or land occupied by 35a nonconforming use which is changed to or occupied by a conforming use shall not 36thereafter be used or occupied by a nonconforming use. 1. A nonconforming use of 37land or structure shall not be changed to any other use except one which would be 38permitted as a conforming use in the district in which the land or building is located. 39However, no change shall be required in the plans, construction, or designed use of any 40structure for which a building permit was lawfully issued pursuant to Chapter 4, Article 41IX Chapter 20 of the Land Development Regulations, and upon which construction has 42actually begun prior to the effective date of the adoption or amendment of these 43regulations. 44 452. Any part of a structure or land occupied by a nonconforming use which is changed 46to or occupied by a conforming use shall not thereafter be used or occupied by a 47nonconforming use. November 9, 2010 80 USE REGULATIONS 1 E. Discontinuance. 2 3. If for any reason a nonconforming use of land, 3structure or any part thereof ceases or is discontinued for a period of more than six (6) 4consecutive months, except when government action impedes access thereto, the land 5shall not thereafter be used for a nonconforming use. The issuance or existence of a 6required Business Tax receipt, permit, or other governmental authorization to conduct 7such non-conforming use shall not mean that the use has not ceased, but that the lack of 8the same shall create a refutable presumption that the use has ceased. 9 F. Non-Conforming Lots / Structures 10. See Chapter 3, Article V, Section 1111 for the regulations pertaining to nonconforming lots and structures. 12 Section 6. Penalties. 13 14 15The City or any other legal authority shall enforce any violation of this article pursuant to the 16penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 17Regulations. 18 19 20 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 3 Zoning\Final\Article IV Use Regulations Updated.doc November 9, 2010 81 ARTICLE V. SUPPLEMENTAL REGULATIONS 1 2 Section 1. General. 3 4 A. Purpose and Intent. 5 This article is to maintain standards for those 6accessory uses, buildings, and structures customarily incidental and subordinate to the 7main use or building(s) and located on the same lot. The intent of the supplemental 8regulations provides common regulations for circumstances encountered throughout the 9City. 10 B. Administration. 11 The Director of Planning and Zoning or designee shall 12coordinate, interpret, and administer this article. 13 C. Applicability. 14 Except as otherwise specifically provided herein, the 15regulations set out in this article shall be applicable to all zoning districts. 16 D. Rules. 17 18 1. Conformity. 19No building or structure, or part thereof, shall hereafter be 20erected, constructed, or altered except in conformity with the provisions of this 21article. 22 2.Timing. 23 Construction of accessory structures, excluding walls or 24fences, may not precede construction of the principal building. No accessory 25structure, including boat docks and swimming pools, shall be constructed upon a 26lot until the construction of the principal building has commenced. 27 E. Conflict. 28 Whenever the regulations and requirements of this code are at 29conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or 30laws, the most restrictive shall apply, unless otherwise stated herein. 31 F. Relief from Regulations. 32 Unless described otherwise in this article, any 33deviation from these zoning regulations shall require approval of a variance application, 34which is subject to review and approval by the City Commission. A request for a 35variance shall be reviewed in accordance with Chapter 2, Article II, Section 4.D. 36 Section 2. Walls and Fences 37 38 39Walls and fences are allowed in all zoning districts within all required yards and shall be 40regulated as follows: 41 A. Location and Height. 42 Walls and fences shall only be erected on the lot of 43the applicant and not protrude or extend outside the property line or into a public right- 44of-way. The maximum height of walls and fences shall be eight (8) feet, except as 45described below: 46 1. Single-family and Two-family Residential Districts. 47 Walls and 48fences shall be a maximum of four (4) feet in height where located within front 49and corner side corner yards of single-family or duplex dwelling units. 50 SUPPLEMENTAL REGULATIONS 1 2 3However, the four (4)-foot height limitation may not apply under the following 4instances: 5 a. Corner Side Yard of Corner Lots. 6 Within the corner side yard 7of a corner lot that abuts and shares a common rear property line with 8another corner lot. 9 10The front yard of each corner lot must be located on a separate street, 11opposite and / or parallel from each other. Walls and fences shall be 12setback at least two (2) feet from the side corner property line in order to 13accommodate its footer and a continuous hedge, which shall be 14maintained a minimum one-half (½) the height of the wall or fence. The 15hedge shall be located on the street-side of the wall or fence and must be 16appropriately maintained. 17 18 19 November 9, 2010 2 SUPPLEMENTAL REGULATIONS b. Rear Yard of Through-Lots. 1 On through-lots with 2double frontages, walls and fences may be erected at the regulated 3height for rear yards provided that a provision is made for a hedge along 4the street-side of the wall or fence. Walls and fences shall be setback at 5least two (2) feet from the side corner property line in order to 6accommodate its footer and a continuous hedge, which shall be 7maintained a minimum one-half (½) the height of the wall or fence. The 8hedge shall be located on the street-side of the wall or fence and must be 9appropriately maintained. 10 111.Fences, hedges and walls shall not exceed eight (8) feet in height, 12above finished grade, in residential zones, except that in front setbacks, 13from the building line forward to the property line, the maximum height 14shall be four (4) feet. On corner lots, both road frontages are subject to 15the four (4) foot height limitation in accordance with Chapter 2, Section 164.E., "Visual Obstructions. 17 182.Fences, hedges and walls in other zones shall not exceed six (6) 19feet in height, above finished grade except in PID and M-1 zones, chain 20link fences shall be allowed to eight (8)feet height and may be topped 21by not more than three strands of barbed wire.Low voltage security 22fencing in compliance with the regulation listed in Chapter 2, Section 2311.Q., may be placed inside a perimeter fence in the PID and M-1 zones 24at a hight not to exceed the perimeter fence height by two (2) feet. 25Hedges situated adjacent to golf courses, golf driving ranges, interstate 26highways or parcels supporting railroad tracks shall not exceed ten (10) 27feet in height, above finished grade. 28 2. Multi-family and Townhouse Developments. 29Walls and fences 30shall be a maximum of six (6) feet in height where located within landscape 31strips abutting rights-of-way on all developments that have less than 400 feet of 32frontage on typical City streets. However, the maximum height of walls and 33fences (located within the landscape strip abutting rights-of-way) may be 34increased to eight (8) feet when in compliance with the following: 35 a. 36 The street frontage of the development is at least 400 feet in 37length; 38 b. 39The development has no more than one (1) parking lot driveway 40opening or access point along such street frontage; 41 c. 42 Walls and fences shall be setback at least two (2) feet from the 43property line along such street frontage, in order to accommodate its 44footer and a continuous hedge, which shall be maintained a minimum 45one-half (½) the height of the wall or fence. The hedge shall be located 46on the street-side of the wall or fence and must be appropriately 47maintained. In Multi-family districts zones, the maximum height November 9, 2010 3 SUPPLEMENTAL REGULATIONS 1within the front yard setback shall be six (6) feet (chain link fences shall 2be used only in combination with hedge that shall be maintained at 3height of fence). Hedges situated adjacent to golf courses, golf driving 4ranges, interstate highways or parcels supporting railroad tracks shall not 5exceed ten (10) feet in height, above finished grade. When walls or 6fences are constructed as a part of a subdivision or site plan approval 7adjacent to a public right-of-way, consistent with this section, a setback 8of a minimum of eighteen (18) inches must be maintained for 9landscaping purposes. 10 3. Low Voltage Security Fencing in Industrial Districts. 11Low voltage 12security fencing, as provided for in Section 2.I below, may be placed on a 13perimeter fence, not to exceed the perimeter fence height by more than two (2) 14feet. 15 B. Cross-Visibility and Safe Sight. 16 17 1. General. 18 19 a. Purpose and Intent. 20 The purpose of this subsection is to 21promote safety in the use of opaque walls and fences where in close 22proximity to rights-of-way, off-street parking areas, and other vehicular 23use areas. The intent is to ensure safe and unobstructed views for both 24pedestrians and motorists. 25 b. Administration. 26 The City Engineer or designee shall 27coordinate, interpret, and administer this subsection. 28 2. Visibility at Driveway Openings. 29 The “safe-sight triangle” is the 30triangular-shaped area described by the Engineering Design Handbook and 31Construction Standards (EDHCS). Unobstructed cross-visibility shall be 32maintained in the safe-sight triangle where parking lot driveway openings and 33access points occur along rights-of-way or between individual properties. Walls 34and fences are allowed within the safe-sight triangle provided that unobstructed 35cross-visibility is maintained 30 inches above the pavement, measured from the 36abutting right-of-way or cross-access drive, whichever is applicable. The City 37Engineer shall determine the appropriate size and location of each safe-sight 38triangle in accordance with the EDHCS. 39 3. Visibility at Corners of Rights-of-Way. 40 41Opaque walls and fences shall comply with cross-visibility standards pursuant to 42Chapter 4, Article VIII, Section 3.C.4.u. 43 4. Visibility along State Roads 44. The placement of a wall or fence 45shall not cause any line-of-sight obstruction and must comply with the visibility 46requirements of Florida Department of Transportation (FDOT) Standard Index 47No. 546 or the latest supplement thereof. November 9, 2010 4 SUPPLEMENTAL REGULATIONS 1 5. Visibility in Front and Side Corner Yards. 2 Unobstructed cross- 3visibility shall be maintained within the front and side corner yards of single- 4family and duplex residential lots in accordance with Chapter 3, Article II, 5Section 6. 6 C. Design. 7 Walls and fences shall be symmetrical in appearance with 8columns and posts conforming to a definite pattern and size of uniform design and 9separation. The wall or fence shall be kept in good repair and be continuously 10maintained in its original appearance. The exterior surface of a wall shall be finished 11with paint, stucco, or other commonly accepted material. See Chapter 4, Article III, 12Section 3.E for additional standards regarding the appearance of walls and fences. 13 D. Dangerous Materials. 14Walls and fences shall not contain any substance 15such as broken glass, spikes, nails, or razors that are designed to inflict discomfort, pain 16or injury to a person or animal, except where located around industrial uses in the PID 17or M-1 districts. In these instances, they may be topped off with no more than three (3) 18strands of barbed-wire, provided that they are not visible from a road right-of-way. 19Fences shall not be electrified, except as provided for in Section 2.I. below. 20 E. Attachments. 21Gates, gateposts, lights, and / or other decorative features, 22which are attached to a wall or fence, shall not exceed the height of said wall or fence 23by more than two (2) feet. In addition, these attachments, excluding gates, shall not 24exceed an area of three (3)-feet in any horizontal direction. No more than 80% of the 25length of a decorative gate may exceed the height of the wall or fence. 26 27 28 29Arbors and trellises intended for pedestrian walkways are not included within 30this height limitation and are regulated differently in accordance with Section 313.A.2.d below. 32 November 9, 2010 5 SUPPLEMENTAL REGULATIONS F. Construction Sites. 1 Temporary security and safety fencing, which may 2be required around construction sites in accordance with the Florida Building Code, 3shall not exceed six (6) feet in height and must comply with cross-visibility and safe- 4sight standards pursuant to Chapter 4, Article VIII, Section 3.C.4.u and the EDHCS. 5Such fencing shall be approved in conjunction with the building permit(s) and must be 6removed prior to issuance of a certificate of occupancy or certificate of completion. 7Any signage placed on the temporary security fencing shall comply with Chapter 4, 8Article IV, Section 3.B.3. However, the screening material allowed in the Sign Code 9shall not conflict with the original intent for said fencing, mesh, and related materials, 10which is to offer protection from dust, debris, and other airborne particulate matter. 11 G. Easements. 12Walls and fences cannot abridge any easement rights without 13approval from the affected utility company and / or the City. See Chapter 4, Article II, 14Section 3.A.10.c for additional regulations regarding buffer walls and easements. 15 H. Buffer Walls. 16 17 1. Definition. 18See Chapter 1, Article II for the definition of a buffer 19wall. 20 2. Where Required. 21 See Chapter 4, Article II, Section 4.B.3 and 22Chapter 4, Article II, Section 4.C.3 for additional regulations regarding buffer 23walls and the requirement for them to be located within perimeter landscape 24buffers and barriers. 25 3. Timing. 26 Construction of a buffer wall shall be completed prior to 27the issuance of a certificate of occupancy for the building or buildings sought to 28be built in connection therewith. L. BUFFER WALLS. For new 29construction or major modification to existing developments, where a 30commercial and / or industrial district abuts a residential district, a solid, stucco 31masonry wall painted on both sides at least six (6) feet in height shall be located 32within the required side and/or rear yards except with respect to corner lots, said 33buffer walls shall be required only on interior lot lines. Said buffer walls shall 34not abridge any easement rights or be constructed over any existing utilities in 35any easement area and shall be setback two (2) feet from adjoining property 36lines. With respect to the C-1 (Office and Commercial Professional District), 37the solid masonry wall may be replaced with a dense vegetative buffer of at least 38two (2) feet in height at the time of planting. Said vegetative buffer to be 39maintained by the project developer. 40 41Construction of said decorative masonry wall or planting of said vegetative 42buffer shall be completed prior to issuance of the certificate of occupancy for the 43building or buildings sought to be built in connection therewith. 44 I. Low Voltage Security Fencing. 45The construction and use of electric fences 46shall be allowed in the city only as provided in this section, subject to the following 47standards: November 9, 2010 6 SUPPLEMENTAL REGULATIONS 1 1.IEC Standard 60335-2-76. 2 Unless otherwise specified herein, electric 3fences shall be constructed or installed in conformance with the specifications 4set forth in International Electro technical Commission (IEC) Standard No. 560335-2-76. 6 2. Electrification. 7 8 a. 9 The energizer for electric fences must be driven by a commercial 10storage battery not to exceed 12 volts DC. The storage battery is 11charged primarily by a solar panel. However the solar panel may be 12augmented by a commercial trickle charger. 13 b. 14 The electric charge produced by the fence upon contact shall not 15exceed energizer characteristics set forth in paragraph 22.108 and 16depicted in Figure 102 of IEC Standard No. 60335-2-76. 17 3. Perimeter Fence or Wall. 18 19 a. 20 No electric fence shall be installed or used unless it is completely 21surrounded by a non-electrical fence or wall that is not less than six feet 22in height. 23 b. 24 The separation between the non-electrified perimeter fence and 25the electrified fence shall be one (1) foot. 26 4. Location. 27 Electric fences shall be permitted on any property zoned 28M-1, or PID if on a parcel that allows industrial uses according to the 29corresponding master plan, and must be occupied by a business that has an 30active business tax certificate. 31 5. Warning Signs. 32 Electric fences shall be clearly identified with 33warning signs that are three (3) square feet in size and that read: "Warning - 34Electric Fence". The letters on the sign shall be a minimum of six (6) inches in 35height, and the signs shall be spaced no greater than 40 feet apart, mounted on 36the fence at least five (5) feet above finished grade. The signs shall be written in 37English, Spanish and Creole. 38 6. Permitting. 39 Electric fences shall be governed and regulated under 40burglar alarm regulations of Part II Code of Ordinances, Chapter 2.5 Alarm 41Systems, and permitted as such. 42 7. Emergency Shut-off. 43 An emergency shut-off switch shall be accessible 44to all emergency personnel to allow for necessary access. Control and access 45shall be of a type, location, and marking specified and approved by the Police 46Chief and Fire Marshall. 47 November 9, 2010 7 SUPPLEMENTAL REGULATIONS 8. Miscellaneous. 1 It shall be unlawful for any person to install, 2maintain or operate an electric fence in violation of this section. 3 4Q. SECURITY FENCES. The construction and use of electric fences shall be 5allowed in the city only as provided in this section, subject to the following 6standards: 7 81.IEC Standard 60335-2-76: Unless otherwise specified herein, electric 9fences shall be constructed or installed in conformance with the 10specifications set forth in International Electro technical Commission (IEC) 11Standard No. 60335-2-76. 12 2. Electrification: 13(a) The energizer for electric fences must be driven by a commercial storage 14battery not to exceed 12 volts DC. The storage battery is charged primarily by a 15solar panel. However the solar panel may be augmented by a commercial trickle 16charger. 17(b) The electric charge produced by the fence upon contact shall not exceed 18energizer characteristics set forth in paragraph 22.108 and depicted in Figure 19102 of IEC Standard No. 60335-2-76. 20 3. Perimeter fence or wall: 21(a) No electric fence shall be installed or used unless it is completely 22surrounded by a non-electrical fence or wall that is not less than six feet in 23height. 24(b) The separation between the non-electrified perimeter fence and the 25electrified fence shall be one (1) foot. 26 4. Location: 27 Electric fences shall be permitted on any property zoned M-1, or PID if 28on a parcel that allows industrial uses according to the corresponding master 29plan, and must be occupied by a business that has an active business tax 30certificate. 31 5. Warning signs: 32 Electric fences shall be clearly identified with warning signs that are 3 33square feet in size and that read: "Warning - Electric Fence". The letters on the 34sign shall be a minimum of six (6) inches in height, and the signs shall be spaced 35no greater than 40 feet apart, mounted on the fence at least five (5) feet above 36finished grade. The signs shall be written in English, Spanish and Creole. 376. Permitting: 38Electric fences shall be governed and regulated under burglar alarm regulations 39of Part II Code of Ordinances, Chapter 2.5 Alarm Systems, and permitted as 40such. 417. Emergency Shut-off: 42An emergency shut-off switch shall be accessible to all emergency personnel to 43allow for necessary access. Control and access shall be of a type, location, and 44marking specified and approved by the Police Chief and Fire Marshall. 458. It shall be unlawful for any person to install, maintain or operate an electric 46 fence in violation of this section. 47 November 9, 2010 8 SUPPLEMENTAL REGULATIONS Section 3. Common Building Appurtenances, Freestanding Structures, and Site 1 Amenities, Excluding Walls and Fences 2 3 4Common building appurtenances, freestanding structures, and site amenities (excluding walls 5and fences) shall be allowed in all zoning districts within all required yard setbacks unless 6specifically stated otherwise as contained herein. In all instances, the aforementioned shall not 7abridge any easement rights without express written consent from the affected utility company 8or governing entity having jurisdiction over such easement. Any proposed building 9appurtenance, freestanding structure, or site amenity that decreases the permeable land area in 10excess of 800 square feet on any given parcel shall be reviewed for compliance with the 11drainage standards of Chapter 4, Article VIII, Section 3.G and the Engineering Design 12Handbook and Construction Standards. This review requires the submittal of a drainage plan 13prepared by a licensed professional engineer based on the design standards referenced above. 14No building appurtenance, structure, or site amenity shall be installed, erected, or constructed 15prior to the construction of the principal building unless otherwise contained herein. 16 A. Building Appurtenances. 17 J.OTHER STRUCTURES. To further 18clarify the definition of structure as applied to all districts and boundaries, the following 19shall apply except that corner lots shall be regulated by other parts of this ordinance. 20The following regulations shall apply, where applicable: structures shall be permitted in 21front, rear, or side setbacks as provided in this ordinance, in any zone, except where so 22noted; taking into consideration existing easements: 23 1. Architectural Features. 24 3. Eaves, cornices, gutters, facia 25boards, copings, soffits, downspouts, belt courses, window sills, window and/or 26door trim, applied finish materials, roof and/or equipment vents, sillcocks, fire 27hose connections, meters, sand boxes, light fixtures, hardware, bay windows, 28balconies,dripcaps, telephone and cable boxes, electrical risers and outlets, 29window boxes, thermometers, handrails, condensate drains, shower heads and 30ornamental architectural features shall not extend, protrude, project, or overhang 31into any required yard setback by more than three (3) feet. 32 2. Awnings, Canopies, and Shutters. 33 Awnings, canopies, and shutters 34(storm or decorative) shall not protrude into any required yard setback by more 35than three (3) feet; however, no setback adjacent to a right-of-way shall be 36required where located in the Urban Commercial District Overlay Zone 37(UCDOZ) or any “Urban” Mixed-Use district. In these instances, awnings, 38canopies, and shutters may extend into an abutting right-of-way, contingent 39upon the approval of the entity having jurisdiction over the right-of-way. The 40owner shall obtain all necessary approvals and permits where awnings, 41canopies, and shutters protrude into a public right-of-way and must be moved or 42removed immediately upon request of the City or entity having jurisdiction over 43such right-of-way. 448.Permanent or retractable awnings, canopies, storm shutters, marquees, or 45covered walkways projecting from a building wall over a required yard setback 46not more than two and one-half (2½) feet, and having no supports other than 47provided by the wall or its integral part. November 9, 2010 9 SUPPLEMENTAL REGULATIONS 1 3. Chimneys. 2 Chimneys shall not protrude into any required yard 3setback by more than three (3) feet. 9. Chimneys projecting not more than 4three (3) feet into the required yard setback. 5 4. Fire Escapes and Unenclosed Staircases. 6 Fire escapes and unenclosed 7staircases shall not protrude into any required yard setback by more than four (4) 8feet. 9 10 11 1210.Fire escapes or unenclosed staircases, the riser of which shall be 13at least fifty (50) percent open, provided that the vertical projection 14downward onto a required yard setback shall not project more than five 15(5) feet into, and shall not exceed ten (10) percent of, the area of the 16required yard setback. 17 B. Decks, Patios, Steps, Stoops, and Terraces (Unenclosed and Uncovered). 18 19Unless otherwise regulated by a master plan or site plan for a planned development, 20unenclosed and uncovered decks, patios, steps, stoops, and terraces less than one (1)- 21foot in height shall be setback at least two (2) feet from any property line. Those with 22heights between one (1) foot and three (3) feet shall be setback at least three (3) feet 23from any property line. Decks, patios, steps, stoops, and terraces greater than three (3) 24feet in height shall comply with the minimum setbacks required for the principal 25building. Driveways for residential off-street parking areas shall be regulated in 26accordance with Chapter 4, Article V, Section 2.B.15.Open terraces, including 27walkways, unenclosed decks and slabs, natural plant landscaping and docks, with or 28without canopy. Docks projecting into waterway owned by a different property owner 29than the owner of the dock shall require prior approval at time of permitting from the 30owner of the waterway. In addition, the dock, all mooring piles, groins, seawalls, 31jetties, revetments, or similar structures and facilities related thereto, shall not extend November 9, 2010 10 SUPPLEMENTAL REGULATIONS 1further into the waterway than 1/4 of the width of the waterway for private or 2commercial docking and mooring facilities. 3 416.Open, uncovered stoops, steps and platforms for the principal building, but not 5to exceed three (3) feet in height. 6 C. Screened-Roof Enclosures. 7Screened-roof enclosures shall be setback at least 8six (6) feet from the rear property line; however, such setback may be reduced to three 9(3) feet in instances where the rear yard of the subject property abuts a body of water, 10golf-course, park, interstate or railroad right-of-way, commercial or industrial property, 11or the perimeter wall of a nonresidential development. Unless otherwise regulated by a 12master plan or site plan of a planned development, screened-roof enclosures shall 13comply with the interior side yard setback required for the principal structure. No 14screened-roof enclosures shall be allowed within the required front or side corner yard, 15including forward of the front or side corner building line, or within a perimeter 16landscape buffer. 17 18F.SCREEN ENCLOSURES. All screened-roof enclosures (screen walls and screen 19roof) shall comply with building side yard setback. No screen enclosure shall be 20constructed closer than eight (8) feet from rear property line and no screen enclosure 21shall be constructed in front of the building line. On corner lots, property bordering 22both streets shall be considered as front yards. 23 D. Swimming Pools and Spas. 24 Swimming pools and spas shall be regulated as 25follows: 26 1. In-Ground Swimming Pools and Spas. 27 In-ground swimming pools 28and spas shall be setback at least eight (8) feet from rear and interior side 29property lines; however, the rear setback may be reduced to five (5) feet in 30instances where the rear yard abuts a body of water, golf-course, park, interstate 31or railroad right-of-way, commercial / industrial property, or the perimeter wall 32of a development abutting other than residential property. They shall not be 33allowed within the required front or corner side yards, including forward of the 34front or side corner building lines. 35 2. Above-Ground Swimming Pools and Spas. 36 Above-ground 37swimming pools and spas shall be setback at least 10 feet from rear and interior 38side property lines. They shall not be allowed within the required front or 39corner side yards, including forward of the front or side corner building lines. 40 3. Private Pump Housing and Equipment. 41 Private pump housing and 42equipment for swimming pools (and spas) shall be setback at least three (3) feet 43from the rear and interior side property lines and adequately screened where 44visible from abutting rights-of-way or properties zoned for single-family 45residential dwellings. Private pump houses and equipment shall not be allowed 46within the required front or corner side yards, including forward of the front or 47corner side building lines, unless approved for an administrative adjustment if it November 9, 2010 11 SUPPLEMENTAL REGULATIONS 1is determined that no other on-site location is available or feasible. See Chapter 22, Article II, Section 4.A. for the regulations pertaining to the administrative 3adjustment process. 4 4. Miscellaneous. 5 See the Florida Building Code for additional 6regulations regarding barrier requirements around a swimming pool. 7 8ARTICLE IX. SWIMMING POOLS AND SPASThe swimming pool and spa 9code establishing basic criteria for the design and construction of swimming 10pools and spas within the city was adopted and established as the swimming 11pool and spa regulations of the city on September 4, 1996, and is on file as 12Ordinance No. 96-39 in the office of the city clerk and the office of the director 13of development. (Ord. No. 96-39, § 1, 9-4-96; Ord. No. 96-60, § 3, 1-21-97) 14 15E.SWIMMING POOLS. Swimming pools shall be located, designed, 16operated and maintained in accordance with the city swimming pool ordinance 17and shall be subject to the approval of the development department. No 18swimming pool shall be constructed closer than eight (8) feet from any property 19line, except that above ground swimming pools shall meet a ten (10) foot rear 20setback. All other setback requirements for the applicable zoning district shall 21apply to above ground pools. 22 23 24 25 E. Sheds and Storage Containers. 26 27 1. Permanent Sheds and Storage Structures. 28Permanent sheds 29and storage structures may be designed either attached (to) or detached from the 30principal building, and shall comply with the following regulations: 31 detached storage structures of any type construction not exceeding one 32hundred (100) square feet in floor area and eight (8) feet in height for a flat roof 33or nine (9) feet in height at the mean height peak for a sloped roof, may be 34erected to a point at least three (3) feet from the side property line and/or at least 35three (3) feet from the rear property line providing no easement rights are 36abridged. Where the detached storage structure is visible from an adjacent right- 37of- way or abutting property, it shall be effectively screened with appropriate 38landscaping, a wall, and / or a fence. 39 a. Location and Size. 40 41 42(1) Sheds and storage structures shall not be allowed within 43the required front or corner side yards, including forward of the 44front or side corner building lines; 45 46(2) Sheds and storage structures that are 100 square feet or 47less shall be setback at least three (3) feet from the rear and November 9, 2010 12 SUPPLEMENTAL REGULATIONS 1interior side property lines. The maximum height of any shed or 2storage structure shall be eight (8) feet for flat roofs or a mean 3height of nine (9) feet for sloped roofs; 4 5 6 7(3) Sheds and storage structures greater than 100 square feet 8or in excess of the height restriction of subparagraph E.1.a.(2) 9above shall comply with the minimum setbacks required for the 10principal building. The maximum allowable height of the shed 11or storage structure shall not exceed the zoning district 12regulations for which it is located or the roofline of the principal 13building, whichever is more restrictive; and 14 15(4) All attached sheds or storage structures shall have 16exterior access only; no access from within the principal building 17is allowed. 18 b. Number of Structures. 19 A lot may contain more than one 20(1) shed or storage structure; however, any additional structure shall 21comply with the minimum setbacks required for the principal building, 22regardless of size. 23 c. Screening. 24 Sheds and storage structures shall be effectively 25screened with a wall, fence, landscape material, or a combination 26thereof, where visible from an abutting property or right-of-way. 27 d. Miscellaneous. 28 See Section 3.E.2 below for additional 29regulations regarding the use of mobile and temporary storage container 30units. Sheds and storage areas that are designed and used in connection 31with fire escapes or unenclosed staircases shall be regulated in 32accordance with Section 3.A.4 above. 33 November 9, 2010 13 SUPPLEMENTAL REGULATIONS 2. Mobile and Temporary Storage Container Units. 1 Mobile and 2temporary storage container units shall only be allowed in residential zoning 3districts and must comply with the following regulations: 4 a.Number of Units. 5 Only one (1) mobile or temporary storage 6container unit may be allowed per lot for a single-family or duplex 7home. A maximum of two (2) units may be allowed at any given time 8within multi-family developments. 9 b. Location. 10 Mobile or temporary storage container units shall 11not be located within rights-of-way and must comply with the following 12location criteria: 13 14(1) Single-family or Duplex Homes. The units shall only 15be allowed within the required front or corner side yards if 16placed on a driveway or other hard surfaced area, and setback at 17least five (5) feet any property line. The unit shall not be 18allowed within the required rear and side interior yard, or the 19space allotted for the principal building. 20 21(2) Multi-family developments: 22 23(a) The location of units shall be restricted to guest 24parking spaces or other designated overflow parking 25areas; 26 27(c) The location of the units shall not interfere with 28any emergency or service vehicle operations; 29 30(c) The units shall be setback at least five (5) feet 31from all property lines; 32 33(d) The units shall not be placed in tandem with each 34other within one (1) parking space; and 35 36(e) The units shall not be stacked on top of each 37other. 38 c. Dimensions. 39The size of a mobile or temporary storage 40container unit shall not exceed the following dimensions: 41 42(1) Maximum width of eight (8) feet; 43 44(2) Maximum depth of 16 feet; 45 46(3) Maximum height of eight (8) feet; and 47 November 9, 2010 14 SUPPLEMENTAL REGULATIONS 1(4) Maximum floor area of 128 square feet. 2 d. Time Limit. 3The maximum time for a mobile or temporary 4storage container unit to remain on a property shall be 45 days. 5 e. Maintenance. 6 The mobile or temporary storage container unit 7shall be maintained in good condition, free from evidence of 8deterioration, rust, holes, or breaks.The unit shall be kept locked when 9not in use. 10 f. Prohibition of Hazardous Materials. 11 The owner, supplier, 12or tenant shall ensure that no hazardous substances shall be stored or 13kept in the mobile or temporary storage container unit. 14 F. Arbors, Trellises, and Pergolas. 15 Arbors, trellises, and pergolas shall be 16setback at least three (3) feet from any property line, unless otherwise regulated 17by a master plan or site plan of a planned development. No setback is required 18along the front or corner side property lines if the structure is located at a 19pedestrian access point that directly connects to an abutting sidewalk, and when 20the use and design of such structure is utilized for nostalgic purposes to better 21achieve the exterior building and site design standards of Chapter 4, Article III, 22Section 1.A. In these instances, the maximum dimensions shall be as follows: 23 1. 24 Maximum width between supporting columns – five (5) feet; 25 2. 26 Maximum depth between supporting columns - five (5) feet; and 27 3. 28 Length of cross-members at the top of the structure – eight (8) 29feet. 30 31 32 November 9, 2010 15 SUPPLEMENTAL REGULATIONS 1The maximum height of arbors, trellises, and pergolas shall be 10 feet; however, 2a greater height may be allowed if the structure is an extension of an eave or 3facia of a one (1)-story principal building. In these instances, the maximum 4height shall not exceed the mean roof height of the principal building. 5 G. Open Air Structures and Gazebos. 6 Open-air structures and gazebos, as defined 7in Chapter 1, Article II, shall comply with the following regulations: Open air 8pavilions.3.Open-air pavilions as defined in Chapter 1, Article II. of the 9Land Development Regulations, may be erected in accordance with the following 10regulations and provisions: 11 1. Applicability. 12 13 a. 14 All open-air structures, pavilions excluding qualified chickee and 15chiki huts, must be permitted in accordance with the City’s Zoning 16Regulations and the Florida Building Code. 17 b. 18 Open air structures pavilions intended to qualify as a Chickee or 19Chiki hut (see Chapter 1, Article II.Definitions) must be reviewed for 20consistency with the regulations of this section and Florida Statutes. 21The issuance of a zoning verification letter from the Planning and 22Zoning Division will represent a determination of consistency. The 23following information must be submitted for approval: 24 25(1)A site plan or survey that includes scaled dimensions of 26the proposed structure including setbacks; 27 28(2) Proof that the builder is a member of either the 29Miccosukee or Seminole Indian Tribes of Florida. This shall be 30a copy of the tribal members identification card. 31 32(3) Drawings or images of the proposed structure indicating 33the open design, roof materials, and height. 34 District Regulations. 352. 36 a.Single-family and Single-family / Two-family Zoning 37 Districts. 38c. In single-family and single-family / two-family 39residential zoning districts, an “open-air” structure pavilion, which does 40not exceed 150 square feet in floor area and 12 feet in height measured 41at the mean roof height for sloped roofs, shall be located according to 42the following standards: 43 44(1) The side setback shall be allowed to follow the existing 45wall of the principal building provided it does not further 46encroach into the setback or shall meet the minimum side 47setback requirement, whichever is least restrictive; November 9, 2010 16 SUPPLEMENTAL REGULATIONS 1 2(2) The rear setback shall be eight (8) feet; however, in 3instances where the rear yard abuts a body of water, golf course, 4park, interstate or railroad right-of-way, commercial / industrial 5property, or the perimeter wall of a development abutting other 6than residential property, the rear setback my be reduced to three 7(3) feet. 8 9(3) The proposed structure must be located a minimum of 10three (3) feet from any principal, accessory or other building and 11structure on the property. 12 13(4) For all cases in which the total square footage of one (1) 14or more open-air structure pavilion or combination of such 15structures exceeds 150 feet of floor area, or exceeds 12 feet in 16mean roof height, the principal building setback of the zoning 17district in which it is located shall apply. 18 19(5) The open-air structure pavilion shall not be placed 20forward of the front or corner side building line, within in front 21of the principal building, in a utility or drainage easement, or in a 22required landscape buffer. 23 b. Planned Developments. 24Open air structures are allowed 25within rear and interior side yards of individual lots within planned 26residential developments. The required setbacks shall be determined by 27the approved Master Plan or Site Plan; however, in no case shall they be 28allowed forward of the front or corner side building line. If the Master 29Plan or Site Plan is silent relative to these accessory structures, and if 30their respective governing association has not adopted specific 31provisions or standards for such accessory structures, their installation 32shall only be in conformance with the approved building setbacks on the 33approved Plan. d.In Planned Developments, the regulation 34of these structures shall be in accordance with the approved Master / Site 35Plan. If the Master / Site Plan is silent relative to these accessory 36structures, their installation shall only be in conformance with the 37approved building setbacks noted on the Master / Site Plan. 38 c. Other Districts. 39e. The installation of such structures 40in multi-family residential, mixed-use, commercial, and industrial 41zoning districts shall meet all building setback regulations for the zoning 42district in which it is located. In addition, the proposed structure must be 43located a minimum of 25 feet from the principal building(s) on the 44property and from another such structure. The City shall consider other 45distances calculated by a licensed Fire Protection Engineer in 46accordance with NFPA 80A Protection of Buildings from Exterior Fire 47Exposures. November 9, 2010 17 SUPPLEMENTAL REGULATIONS 1 3.Methodology. 2f. The square foot area of the open-air structure 3pavilion shall be determined from the dimensions taken from inside the support 4posts, provided the roof overhang does not exceed three (3) feet. For those 5structures that are supported by a single pole (i.e. umbrella shape), the area 6measurements shall be taken from the drip line of the roof materials. 7 4.Existing Structures. 8 g. All chickee / chiki huts constructed prior to 9the adoption of these regulations, within single-family and single-family / two- 10family residential zoning districts, without the benefit of a permit and not in 11compliance with the zoning regulations noted herein, shall be reviewed for 12compliance with the qualification requirements for a chickee hut as established 13by State Llaw. If determined consistent with State Llaw, such structures shall be 14considered nonconforming non-conforming structures as defined in the City’s 15regulations of Boynton Beach Land Development Regulations. Those 16improvements determined inconsistent with State Law shall be processed in 17accordance with the following subsection. 18 5. Removal. 19h. Except for those structures qualifying as chickee / 20chiki huts, all other open-air structures pavilions constructed prior to these 21regulations without the benefit of a permit and those that do not comply with 22these regulations Zoning Regulations, due to application of permitting 23requirements, must be removed or brought into compliance with all applicable 24regulations of the City. 25 6. Violations. 26i. Failure to comply with the provisions of this 27section shall be considered a violation of the City’s code of ordinances, and 28subject the property owner to being cited by the City for failure to comply with 29these code provisions pursuant to the City’s Code Compliance provisions, or 30any other legal process authorized by law. 31 H. Barbecue Pits. 32Barbecue pits and their accessory equipment shall 33comply with the following: 34 1.Setback. 35 Setback at least three (3) feet from the rear and interior 36side property lines. They are not allowed within the required front or side 37corner yards setbacks, including forward of the front or corner side building 38lines; 39 2.Size. 40 Occupy more than 100 square feet; and 41 3.Height. 42 Be greater than nine (9) feet in height. 43 I.Rock Gardens. 44Rock gardens are allowed within all required yards. 45 November 9, 2010 18 SUPPLEMENTAL REGULATIONS J. Garden. 1The cultivation area shall be setback a minimum distance or 2designed (planted) so as to not violate any cross-visibility requirements and safe-sight 3standards required near vehicular use areas. In addition, the following shall apply: 4 1. Accessory Garden. 5None of the common building appurtenances, 6freestanding structures, site amenities and improvements contained in this 7section (excluding walls and fences) are allowed on the subject property prior to 8the issuance of a certificate of occupancy for a principal building. See Section 93.Y below for additional regulations regarding accessory agricultural structures. 10 2. Community Garden. 11 None of the common building 12appurtenances, freestanding structures, site amenities and improvements 13contained in this section (excluding walls and fences) are allowed on the subject 14property, except in commercial and mixed-use districts. See Section 3.Y below 15for additional regulations regarding accessory agricultural structures. 16 K. Fish and Lily Ponds. 17 Fish and lily ponds are allowed within all required yards; 18however, the maximum depth shall not exceed 18 inches. Those which are deeper than 1918 inches shall be treated the same as swimming pools and spas and regulated in 20accordance with Section 3.D above. 21 L.Fountains, Sculptures, and Miscellaneous Art. 22 Unless used in connection 23with the Arts in Public Places ordinance, all fountains, sculptures, and similar objects of 24art shall be setback at least 10 feet from the front property line and three (3) feet from all 25other property lines, and must not occupy more than 100 square feet, or exceed nine (9) 26feet in height. 27 M. Playground Equipment. 28 29 1.Playground Equipment, Excluding Basketball Goals. 30Playground 31equipment, excluding basketball goals, shall comply with the following, where 32applicable: 33 a. Residential Uses. 34 When used in connection with residential 35uses, they shall not be allowed within the required front, corner side, or 36interior side yards, including forward of the front, corner side, or interior 37side building lines. 38 b. Nonresidential Uses. 39 When used in connection with 40nonresidential uses, they are allowed within any required yard, but shall 41be setback at least five (5) feet from any property line. 42 2. Basketball goals. 43 Basketball goals shall be setback at least 15 feet 44from the front and corner side property lines and three (3) feet from the rear and 45interior side property lines. 46 November 9, 2010 19 SUPPLEMENTAL REGULATIONS N.Flags and Flagpoles. 1 In addition to the standards listed below, the 2maximum size of any one (1) flag shall not exceed 24 square. For the purpose of this 3subsection, building height shall be construed to be the highest point of the roof. 4 1. Flagpoles. 5 A flagpole, which contains no more than one (1) 6structural ground member for support, shall be setback at least 10 feet from any 7property line. 8 a. Single-Family and Two-Family Residential Districts. 9 Only 10one (1) flagpole, containing a maximum of two (2) flags, may be erected 11per lot. The maximum height of a flagpole shall neither exceed the 12building height nor 25 feet, whichever is less. No flags of any 13commercial nature may be flown on flagpoles located within any of 14these districts. 15 b. All Other Districts. 16 Only one (1) flagpole, containing a 17maximum of two (2) flags, may be erected per lot / development. The 18maximum height of a flagpole shall neither exceed the building height 19nor 45 feet, whichever is less. 20 c. Certain Uses. 21A maximum of three (3) flagpoles, containing one 22(1) flag each, may be erected per lot / development for the following 23uses (as described by the Use Matrix (Table 3-28) of Chapter 3, Article 24IV, Section 3.D: Community Facilities, Schools (Primary and 25Secondary), and Post Office. Two (2) flags may be flown on single 26flagpole if only one (1) flagpole is erected for the entire development. 27 2. Stanchions (Affixed to Buildings). 28 A maximum of two (2) stanchions, 29containing one (1) flag each, may be allowed per lot / development. 30 a. Size. 31 The total projection of a stanchion shall not exceed nine 32(9) feet in length. 33 b. Maximum Height. 34 The projection of the stanchion, in 35conjunction with its angle, shall not cause the top of the stanchion to be 36taller than the existing building height. 37 c. Minimum Clearance. 38 A minimum dimension of nine (9) 39feet shall be maintained under the flag, where needed to provide 40adequate clearance for pedestrians. 41 d. Location. 42 Stanchions shall only be affixed to principal 43buildings. They may protrude into any required yard setback but shall 44not extend outside the property boundaries, except in instances where 45they protrude into an abutting right-of-way. The owner shall obtain all 46necessary approvals and permits where stanchions protrude into a public 47right-of-way. November 9, 2010 20 SUPPLEMENTAL REGULATIONS 1 3. Wireless Communication Facilities. 2 See Section 13 below for 3regulations regarding flagpoles that are used in connection conjunction with 4Concealed Wireless Communication Facilities.11.Flagpoles having 5only one structural ground member. Flags projecting off of a structure shall not 6extend beyond the setback line for more than three feet and in no case shall 7extend beyond the property line. 8 O. Seawalls, Bulkheads, Docks, and Piers. 9 Section 8. Seawalls, bulkheads, 10piers and docks. Seawalls, bulkheads, piers and docks installed along access waterways 11shall be installed under a permit issued by the Boynton Beach Development 12Department. Seawalls and bulkheads shall be constructed with the water side face not 13to encroach over the property line. Section 5. Seawalls, bulkheads, docks and piers. 14 Prior to construction of any seawall, bulkhead, dock or pier a construction permit shall 15be obtained from the City of Boynton Beach Development Department. 16 17Section 13. Existing bulkhead line ratified and confirmed. The bulkhead line 18heretofore established with the city limits by Ordinance No. 289 of the city, in 19accordance with Map No. R-56-006 entitled “Bulkhead Line of the City of Boynton 20Beach, Florida” dated September, 1956, is hereby ratified and confirmed and said map 21is hereby adopted by reference and made part hereof. There shall be no bulkhead, 22seawall, or other structure for land filling into the water of Lake Worth, which shall 23extend eastward from the existing shoreline other than as shown on the map referred to 24above. 25 26 It shall be required, prior Section 14. Bulkhead line; permit required for land filling. 27to commencing any operation for land filling within the area as shown on the map 28described in this section Section 13, a permit for land filling, all of which shall be in 29accord with the directions and approval by the City Commission. The improvement, or 30fill, shall have a minimum elevation of not less than six (6) feet above mean sea level 31according to the current U.S. Government Geodetic Survey. Any such applicant shall 32also be required to comply with all rules, regulations, or other requirements of the 33Trustees of the Internal Improvement Fund of the State of Florida, U.S. Army Engineers 34or other governmental body regulating land filling operations of the above nature. 35 36An applicant who proposes a dock within a waterway that is owned by a separate 37property holder shall obtain written consent from such property holder, prior to the 38issuance of any permits for the proposed dock. All docks, mooring piles, dolphins, 39groins, seawalls, jetties, revetments, and similar structures and facilities related thereto, 40shall not extend farther into the waterway than one-quarter (¼) the width of the 41waterway for private or commercial docking and mooring facilities. 42 November 9, 2010 21 SUPPLEMENTAL REGULATIONS 1 2 3See Part II Code of Ordinances, Chapter 9, Article II for fire protection requirements for 4docks and piers. 5 P. Light Poles and Portable Landscape Lighting. 6Light poles and portable 7landscape lighting are allowed within all required yards. 8 Q. Mailboxes. 9 Mailboxes shall be allowed in rights-of-way and must comply 10with federal guidelines. The City shall not be responsible for any damage caused by 11normal street maintenance to any mailbox that is located within a public right-of-way 12and does not comply with current federal guidelines. 13 R.Heating, Ventilation, and Air Conditioner (HVAC) Units. 14 Heating, 15ventilation, and air conditioner units (including their associated compressors, 16condensers, intake, and exhaust fans) shall be setback at least three (3) feet from the rear 17and interior side property lines. HVAC units shall not be allowed within the required 18front or corner side yards, including forward of the front or corner side building lines, 19unless approved for an administrative adjustment if it is determined that no other on-site 20location is available or feasible, or based on the finding that by virtue of the use or 21design of the abutting property or development, the location would have no negative 22impact. See Chapter 2, Article II, Section 4.A for the regulations pertaining to the 23administrative adjustment process. When used in connection with nonresidential uses, 24HVAC units shall be effectively screened with a wall, fence, landscape material, or 25combination thereof, where visible from an abutting property or right-of-way. Exhaust 26fans shall be directed vertically or away from abutting residential properties, where 27applicable. 28 S. Utility Transmission Lines. 29Utility, cable, and telephone lines, including their 30associated poles are allowed within all required yards. 31 November 9, 2010 22 SUPPLEMENTAL REGULATIONS T. Generators and Fuel Tanks. 1 The permanent installation of generators and fuel 2tanks shall comply with the following regulations, unless found in conflict with other 3adopted Federal, State, or life safety codes, rules, regulations, ordinances, or laws : 4 1. Location. 5 No minimum setback shall be required, except in the 6following circumstances: 1) the subject property is located in a residential 7zoning district; or 2) the generator or fuel tank is used in connection with a 8nonresidential use and it abuts residentially-zoned property. In these instances, 9generators and fuel tanks shall be setback at least three (3) feet from rear and 10interior side property lines. In addition, they shall not be allowed within the 11required front or corner side yards, including forward of the front or corner side 12building lines, unless approved for an administrative adjustment if it is 13determined that no other on-site location is available or feasible, or based on the 14finding that by virtue of the use or design of the abutting property or 15development, the location would have no negative impact. See Chapter 2, 16Article II, Section 4.A for the regulations pertaining to the administrative 17adjustment process. 18 2. Screening. 19 When used in connection with nonresidential uses, 20generators and fuel tanks shall be effectively screened with a wall, fence, 21landscape material, or combination thereof, where visible from an abutting 22property or right-of-way. A masonry enclosure shall be constructed around such 23generator or fuel tank in the following circumstances: 1) the generator is greater 24than four (4) feet in height; 2) the fuel tank is greater than five (5) feet in 25height; and 3) either / or both are used in connection with a nonresidential use 26that abuts residentially-zoned property.In these instances, the enclosure shall 27be designed with three (3) sides, with the opening oriented opposite of the 28residential property. In addition, the walls of the enclosure shall be at least two 29(2) feet taller than the generator. The height of such generators shall be 30measured from the natural grade to the highest point of the structure. 31 3. Noise. 32 In residential zoning districts, emergency generators shall be 33exempt from the sound rating values set forth in the City Code of Ordinances 34when operated during power outages. However, in no event shall the sound 35rating value of emergency generators exceed 72 dBA. 36 4. Testing. 37 In residential zoning districts, emergency generators may be 38operated for testing purposes, one (1) time, for a period not to exceed 30 minutes 39in any seven (7)-day period. Testing of emergency generators is permitted 40between the hours of 10 a.m. through 5 p.m., Monday through Saturday. No 41testing of emergency generators is permitted on Sundays or Federal holidays. 42 U. Compost Bin and Tumbler. 43Compost bins and tumblers shall only be allowed 44within residential zoning districts. They shall be setback at least three (3) feet from the 45rear property line and 10 feet from the interior side property line.A lesser setback from 46the interior side property line may be allowed if approved for an administrative 47adjustment if it is determined that no other on-site location is available or feasible, or November 9, 2010 23 SUPPLEMENTAL REGULATIONS 1based on the finding that by virtue of the use or design of the abutting property or 2development, the location would have no negative impact. In these instances, the 3compost bin or tumbler shall be adequately screened and located no closer than three (3) 4feet from the interior side property line. See Chapter 2, Article II, Section 4.A for the 5regulations pertaining to the administrative adjustment process. Regardless however, 6they shall not be allowed within the required front or corner side yards, including 7forward of the front or corner side building lines. The maximum size of any compost 8bin or tumbler shall not exceed 30 cubic feet. The contents inside a compost bin or 9tumbler shall not emit any odor so as to be a nuisance or hazard to the subject property, 10neighboring lands, or rights-of-way and the use of such bin or tumbler must comply 11with the City's operational performance standards in accordance with Chapter 3, Article 12IV, Section 1. 13 V. Rain Barrel. 14 Rain barrels shall be setback at least four (4) feet from the rear 15and interior side property lines. They shall not be allowed within the required front or 16side corner yards, including forward of the front or corner side building lines. The 17intent of these regulations is to require the location of the rain barrel within close 18proximity of the principal building and to design it with a perforated lid so that any 19precipitation that is captured by the principal building’s rain leader or downspout is fed 20directly into the rain barrel, which would diminish the likelihood of creating an 21environment for standing water and possible breeding ground for mosquitoes and other 22pests. The maximum size of any rain barrel shall not exceed 60 gallons. 23 W.Solar Photovoltaic (PV) Arrays. 24 For the purposes of this subsection, a solar 25photovoltaic (PV) array, hereinafter referred to as “PV array”, is construed to include 26any mounting system (roof-ground; flush or wall-mounted; embodied in siding or 27shingles; or pole) and accessory equipment. 28 1. At-Grade. 29 30 a. Applicability. 31The regulations of this subsection shall be 32applicable to any PV array that is erected or installed at-grade (ground 33level). 34 b. Exemptions: 35 The restrictions of this subsection with respect to 36height, location, and setbacks are not applicable to any at-grade PV array 37approved under the following circumstances: 1) in connection with the 38Arts in Public Places ordinance; or 2) as an accessory component to a 39freestanding outdoor lighting fixture, telephone pole, parking meter, or 40any other similar structure, as determined by the City. 41 c. Height. 42The maximum height of any PV array shall not 43exceed 12 feet. 44 d. Location. 45 No minimum setback from any property line shall 46be required, except in the following instances: 1) the subject property is 47located in a residential zoning district; or 2) the PV array is used in November 9, 2010 24 SUPPLEMENTAL REGULATIONS 1connection with a nonresidential use that abuts residentially-zoned 2property. In these instances, PV arrays which are less than six (6) feet in 3height shall require a minimum setback of three (3) feet (measured from 4the leading edge of the array) from the rear and interior side property 5lines. Unless otherwise regulated by a master plan or site plan of a 6planned development, PV arrays with heights between six (6) feet and 7nine (9) feet shall be setback at least seven and one-half (7-½) feet from 8the rear and interior side property lines; those greater than nine (9) feet 9in height shall be setback at least 10 feet from such property lines. In 10instances when a setback of seven and one-half (7–½) feet or more is 11required, a lesser setback may be allowed, contingent upon the approval 12of an administrative adjustment if it is determined that no other on-site 13location is available or feasible, or based on the finding that by virtue of 14the use or design of the abutting property or development, the location 15would have no negative impact. See Chapter 2, Article II, Section 4.A 16for the regulations pertaining to the administrative adjustment process. 17 18PV arrays regulated under this subparagraph shall not be allowed within 19the required front or corner side yards, including forward of the front or 20corner side building lines. PV arrays shall not be allowed within a 21required landscape buffer or landscape strip abutting a right-of-way. See 22Chapter 2, Article II for additional standards regarding landscape buffers 23and landscape strips abutting rights-of-way. 24 2. Rooftop. 25 The highest point of the PV array shall not exceed six (6) feet 26beyond the existing roof onto which it is mounted; however a greater height may 27be allowed if it is completely screened from view at a minimum distance of 600 28feet. If complete screening is unattainable, a greater height may be allowed with 29the approval of a height exception. See Chapter 2, Article II, Section 4.C for the 30regulations pertaining to the height exception process. 31 3. Wall Mounted or Flush to a Building or Structure. 32 The following 33regulations shall be applicable to any PV array that is mounted to the side of any 34building or structure: 35 a. Location. 36 PV arrays are allowed on the walls or sides of any 37building or structure but shall not encroach into any required yard 38setback by more than three (3) feet, except on those properties located in 39the Urban Commercial District Overlay Zone (UCDOZ) or any “Urban” 40Mixed-Use district where provisions allow PV arrays to extend into an 41abutting right-of-way. The owner shall obtain all necessary approvals 42and permits where PV arrays protrude into a public right-of-way. All 43such PV arrays shall be moved or removed immediately upon request of 44the City or entity having jurisdiction over such right-of-way. 45 November 9, 2010 25 SUPPLEMENTAL REGULATIONS b. Minimum Clearance. 1 A minimum dimension of nine (9) feet 2shall be maintained under the PV array where needed to provide 3adequate clearance for pedestrians. 4 c. Appearance. 5 To the maximum extent possible, wall mounted 6PV arrays shall be designed as compatible to the structure and surface to 7which it is attached. 8 X. Windmills. 9 Windmills, used to aerate wet detention areas, provided that such 10structures are located in nonresidential zoning districts, designed as monopoles, and are 11not greater than 25 feet in height (measured from the foundation or base, to the shaft). 12The minimum required setback from the property line for each windmill shall be equal 13to its height. Also, windmills shall be setback a minimum of 25 feet from all trees, in 14order to protect nesting and feeding sites for birds. All windmills shall be lowered to the 15prone position at least 12 hours upon the posting of a tropical storm or hurricane watch. 16 All windmills shall be kept in operating condition or may be subject to removal. 17 Y. Agricultural Structures. 18 Each structure may be designed either attached 19(to) or detached from the principal building (in instances when principal buildings are 20required). In addition, agricultural structures shall comply with the following: 21 1. Accessory Garden. 22 23 a. Requirement for Principal Building. 24Agricultural 25structures shall only be allowed on lots containing principal structures 26(e.g., dwelling). 27 b. Location and Size. 28 29 30(1) Each structure shall not be allowed within the required 31front or corner side yard, including forward of the front or side 32corner building lines; 33 34(2) Any structure that is 100 square feet or less shall be 35setback at least three (3) feet from the rear and interior side 36property lines. The maximum height shall be eight (8) feet for 37flat roofs or a mean height of nine (9) feet for sloped roofs; and 38 39(3) Any structure greater than 100 square feet or in excess of 40the height restriction of subparagraph Y.1.b.(2) above shall 41comply with the minimum setbacks required for the principal 42building. The maximum allowable height shall not exceed the 43zoning district regulations for which it is located or the roofline 44of the principal building, whichever is more restrictive. 45 November 9, 2010 26 SUPPLEMENTAL REGULATIONS c. Number of Structures. 1A lot may contain more than one 2(1) structure; however, any additional structures shall comply with the 3minimum setbacks required for the principal building regardless of size. 4 d. Screening. 5 All agricultural structures shall be effectively 6screened with a wall, fence, landscape material (excluding the crops), or 7a combination thereof, where visible from an abutting property or right- 8of-way. 9 e. Miscellaneous. 10 See Section 3.E above for additional 11regulations regarding the use of sheds and storage structures. 12 2. Community Garden. 13 14 a. Lot Coverage. 15An agricultural structure shall count 16towards lot coverage and it must comply with the maximum allowed by 17the zoning district with which it is located. 18 b. Number of Structures. 19A lot may contain more than one 20(1) structure; however, any additional structures, regardless of size shall 21be counted towards lot coverage and must comply with the maximum lot 22coverage and minimum setbacks required for principal buildings. 23 Z. Miscellaneous. 24 25 1. Amusement Rides. 26 Miscellaneous structures, such as coin-operated 27rides and other amusement devices, shall only be allowed within the principal 28structure, excluding those used in conjunction with an Arts, Entertainment, & 29Recreational establishment. 30 2. Donation Bins. 31See Chapter 4, Article III, Section 3.F.3 for 32additional standards regarding donation bins. 33 3. Helicopter Pads (aka Helistops). 34 See Part II Code of Ordinances, 35Section 15, Article V for regulations regarding aircraft landing facilities. 36 4. Animal Enclosures. 37 See Part II Code of Ordinances, Chapter 4 for the 38regulations regarding animal enclosures (dog houses). 39 5. Newsracks. 40 See Part II Code of Ordinances, Article VI for regulations 41regarding newsracks. A. NEWSRACK REGULATION WITHIN THE 42CENTRAL BUSINESS DISTRICT AND THE COMMUNITY 43REDEVELOPMENT AREA . 44 451. Definitions. For the purpose of this subsection, the following definitions 46shall apply: 47 November 9, 2010 27 SUPPLEMENTAL REGULATIONS 1a. Newsracks. Any type of unmanned device located on public property 2utilized for the vending of free distribution of newspapers or news periodicals. 3 4b. Public right-of-way. Any public street, highway, sidewalk, parkway or 5alley. 6 7c. Distributor. Any individual or business entity engaged in the dissemination 8of any publication utilizing a newsrack located in the City of Boynton Beach. 9 10d. Palm Beach County Traffic Engineering Standards. Those specific 11standards developed by Palm Beach County, and as amended from time to time. 12 13A.Purpose.2. Purpose and criteria. The purpose of this chapter is 14to promote the public health, safety and welfare through the regulation of 15placement, type, appearance, servicing and insuring of newsracks on public 16rights-of-way located within the Central Business District and Community 17Redevelopment Area of the city so as to: 18 191.Safety.a.Provide for pedestrian and driving safety and 20convenience; 21 222.Traffic Flow.b.Restrict unreasonable interference with the flow of 23pedestrian or vehicular traffic including ingress into or egress from any 24residence or place of business, or from the street to the sidewalk by persons 25exiting or entering parked or standing vehicles; 26 273.Severe Weather.c. Provide for public and property safety during 28severe weather conditions; 29 304.Access.d. Provide reasonable access for the use and 31maintenance of poles, posts, traffic signals, hydrants, mailboxes and access to 32locations used for public transportation purposes; 33 345.Aesthetics.e. Relocate and/or replace newsracks which result in a 35visual blight and/or excessive space allocation on the public rights-of-way, or 36which unreasonably detract from the aesthetics of store window displays, 37adjacent landscaping and other improvements, as well as to have abandoned 38newsracks removed; 39 406.Property Values.f.Maintain and protect the values of 41surrounding properties and prevent damage to grass right of way areas; 42 437.Injury or Damage.g. Reduce unnecessary exposure of the public 44to personal injury or property damage. 45 468Equal Protection.h . Treat all newspapers equally, regardless of 47their size, content, circulation or frequency of publication; November 9, 2010 28 SUPPLEMENTAL REGULATIONS 1 29.Freedom of Press.i. Maintain and preserve freedom of the press; 3 410.Cooperation.j. Cooperate with newspaper distributors. 5 6B.Permits Required.3. Newsrack permit. No person shall place, 7affix, erect, construct or maintain a newsrack on or within the public right-of- 8way without first obtaining a one-time only certificate of compliance for each 9newsrack in accordance with Chapter 2, Article IV, Section 5 the provisions of 10this subsection. 11 121.Insurance.5. Insurance.a. Prior to the issuance of a 13certificate of compliance by the City Manager or his/her designee, the applicant 14shall furnish to the city a certificate of insurance. The certificate of insurance 15shall state that the City of Boynton Beach is an additional insured. 16 17b.Reasonable evidence of equivalent self-insurance coverage may be 18substituted by the applicant for the above certificate of insurance, subject to 19the approval of the Risk Management Division of the City of Boynton Beach. 20Insurance under this section shall run continuously with the presence of the 21applicant’s newsrack(s) in city rights-of-way, and any termination or lapse of 22such insurance shall be violation of this chapter, subject to appropriate remedy 23by the Code Enforcement Division under the applicable sections of the Code of 24the City of Boynton Beach. 25 266.Fees. There shall be a one-time only application fee in the amount of 27$50.00 for each applicant plus $10.00 per newsrack location selected by each 28applicant. Failed inspections are subject to a re-inspection fee of $5.00. All of 29the above fees will be used to defray administrative expenses related to this 30subsection. 31 327.Appeals. An applicant who is denied issuance, re-issuance or transfer or 33a certificate of compliance or whose certificate has been revoked may, within 34five (5) business days of the denial or revocation, appeal the denial or revocation 35to the City Manager in writing. Within seven (7) business days of receipt of the 36appeal, the City Manager or his / her designee shall review the application, the 37denial or revocation, and any information the applicant discloses in its written 38appeal and either sustain or reverse the city’s denial or revocation. The decision 39of the City Manager or his / her designee on appeal is subject to judicial review 40as provided by the Florida Statutes. An applicant may formally request to 41appeal the determination made by the City Manager in accordance with Chapter 421, Article VII, Section 3. 43 44C.Regulations. 45 November 9, 2010 29 SUPPLEMENTAL REGULATIONS 11.Installation / Maintenance.8. Installation and maintenance. The 2following standards shall be applicable to the installation and maintenance of 3newsracks in the City of Boynton Beach: 4 5a.The exterior dimensions are for newspaper racks up to six (6) 6publications as follows: each rack shall utilize a 19” rectangular pedestal with 7dimensions of 8” x 6 ½” with a height of 19”. The newsrack(s) shall have 8dimensions which shall have a height of 55” with a depth (measured from front 9to back) of 16” and a width across the front of the newsrack of 24 1/8”. The 10newsrack shall be of a “K” style, “TK” style, or free style. 11 12b.Newsracks shall have gloss pedestals, gloss sides and door and gloss 13coin box coated per standard specifications. The height of the cabinet top of all 14newsracks shall not exceed thirty-nine (39) inches above the finished grade 15level. The color of all newsracks being installed pursuant to this chapter shall be 16teal. 17 18c.Newsracks shall carry no advertising except the name of the publication 19being distributed and cardholders kept in neat and untorn condition describing 20the publication being distributed. 21 22 23d.Newsracks for free newspapers may omit the coin box and may have the 24pull bar welded to the door to produce an “Honor Rack.” 25 26e.Newsracks shall be maintained in good working order at all times, 27freshly painted with unbroken hoods. 28 29f.The name, address and telephone number of a responsible person who 30may be contacted at any time concerning the newsrack shall be displayed on the 31hood of the newsrack in such a manner as to be readily visible and readable to a 32prospective customer thereof. 33 34g.Newsracks may have a color band to be approved by the City Manager 35or his/her designee, which shall have a width of 2 ½”. Distributors may place 36lettering within the color band not to exceed 2 ½” in height on the front, side 37and back of each newsrack provided such lettering is either in black or white. 38 392.Mounting.9. Newsrack mounting standards. The following 40standards shall be applicable to the mounting of newsracks in the City of 41Boynton Beach: 42 43a. Newsracks may be mounted to an existing concrete sidewalk subject to 44requirements of Section 11 A.10. 45 46b.The newsrack foundation(s) manufactured as a prefabricated reinforced 47concrete slab shall have a minimum three and one-half (3 ½) inch thickness, a November 9, 2010 30 SUPPLEMENTAL REGULATIONS 1minimum twenty-eight (28) day compressive strength of 2500 pounds per square 2inch (p.s.i.) and meet the wind load requirements of the Palm Beach County 3Edition of the South Florida Building Code. 4 5c.The newsrack foundation(s) cast-in-place concrete slab shall have a 6minimum four (4) inch thickness, a minimum twenty-eight (28) day 7compressive strength of 3000 pounds per square inch (p.s.i.) and meet the wind 8load requirements of the Palm Beach County Edition of the South Florida 9Building Code. 10 11d.Minimum three eighths (3/8) inch diameter bolts through the four (4) 12corners of the newsrack pedestal base with a minimum embedment into the 13concrete foundation of three (3) inches. 14 15e.Two (2) inch minimum concrete edge distance for bolts. 16 17f.One half (1/2) inch chamfer on all concrete edges. 18 193.Safety.10. Criteria and safety standard. All mounting and 20placement of newsracks shall comply with the adopted Palm Beach County 21Traffic Engineering Standards. 22 23a.Placement in public rights-of-way located within the CBD and CRA. No 24newsrack shall be placed, installed or maintained: 25 26a.(1)Within the thirty (30) foot site visibility triangle of a public or 27private roadway as measured from the intersection from a public or private 28roadway. 29 30b.(2)Within thirty (30) feet from the intersection of public or private 31streets. 32 33c.(3)Within twenty (20) feet from any marked crosswalk not in an 34intersection. 35 36d.(4)Within the twenty (20) feet site visibility triangle of a private 37driveway, as measured from the intersection of a public roadway and the edge of 38the private driveway. 39 40e.(5)Within fifteen (15) feet of any fire hydrant or other emergency 41facility. 42 43f.(6)On or within two (2) feet of traffic related signs, street lights or 44utility poles. 45 46g.(7)Within a median, which is defined as a landscaped or paved 47island in the center of the public right-of-way. November 9, 2010 31 SUPPLEMENTAL REGULATIONS 1 2h.(8) Within five (5) feet ahead of and fifteen (15) feet to the rear of any 3sign marking a designated bus stop, measured along the edge of the pavement. 4 5i.(9) Within two (2) feet of any bus bench or shelter. 6 7j.(10) At any location whereby the clear space for the passageway of 8pedestrians is reduced to no less than thirty-six (36”) inches. 9 10k.(11) Facing another newsrack, divided by the width of a pedestrian 11walk (sidewalk or bikepath). 12 13l.(12) With three (3) feet of any display window of any building 14abutting the sidewalk or in such a manner as it impedes or interferes with 15reasonable use of such window display or access to and from a building 16entrance. 17 18D.Prohibitions.B.General.The general prohibitions common 19to all business as specified in the Code of Ordinances shall be applicable. 20 21E.Non-conforming.11. Enforcement procedures – non-conforming 22newsracks. a. In the event any newsrack installed pursuant to this article 23chapter is not maintained in conformity with this section, it shall be subject to 24appropriate action under the applicable chapters of the Code of Ordinances and 25referred to the Code Compliance Board for enforcement purposes. The Code 26Compliance Board is hereby empowered to levy a fine if it is not properly 27maintained as required by this section. 28 29b.In the event a distributor desires to voluntarily abandon a newsrack 30location, said distributor shall notify the City Manager or his designee, 31completely remove the newsrack and mount, and restore the public right-of-way 32to a safe condition as determined by the city, leaving no holes or projections on 33the mounting surface. 34 35c.Newsracks not in compliance with this subsection shall be subject to 36removal as ordered by the Code Compliance Board. 37 6 Other Structures and Amenities. 38 All other amenities and structures 39that are similar, but not specifically mentioned in the above, shall require 40applications to the Director of Development. 41 42J. OTHER STRUCTURES. To further clarify the definition of structure as 43applied to all districts and boundaries, the following shall apply except that 44corner lots shall be regulated by other parts of this ordinance. The following 45structures shall be permitted in front, rear or side setbacks as provided in this 46ordinance, in any zone, except where so noted; taking into consideration existing 47easements: November 9, 2010 32 SUPPLEMENTAL REGULATIONS 1 2 1. Fences, hedges and walls shall not exceed eight (8) feet in height, 3above finished grade, in residential zones, except that in front setbacks, from the 4building line forward to the property line, the maximum height shall be four (4) 5feet. On corner lots, both road frontages are subject to the four (4) foot height 6limitation, in accordance with Chapter 2, Section 4.E., "Visual Obstructions". In 7Multi-family zones, the maximum height within the front yard setback shall be 8six (6) feet (chain link fences shall be used only in combination with hedge that 9shall be maintained at height of fence). Hedges situated adjacent to golf courses, 10golf driving ranges, interstate highways or parcels supporting railroad tracks 11shall not exceed ten (10) feet in height, above finished grade. When walls or 12fences are constructed as a part of a subdivision or site plan approval adjacent to 13a public right-of-way, consistent with this section, a setback of a minimum of 14eighteen (18) inches must be maintained for landscaping purposes. 15 16 2. Fences, hedges and walls in other zones shall not exceed six (6) feet 17in height, above finished grade except in PID and M-1 zones, chain link fences 18shall be allowed to eight feet height and may be top-ped by not more than three 19strands of barbed wire. Hedges situated adjacent to golf courses, golf driving 20ranges, interstate highways or parcels supporting railroad tracks shall not exceed 21ten (10) feet in height, above finished grade. 22 233.Eaves, cornices, gutters, facia boards, copings, soffits, downspouts, belt 24courses, window sills, window and/or door trim, applied finish materials, roof 25and/or equipment vents, sillcocks, fire hose connections, meters, sand boxes, 26light fixtures, hardware, shutters, bay windows, dripcaps, telephone and cable 27boxes, electrical risers and outlets, window boxes, thermometers, handrails, 28condensate drains, shower heads and ornamental architectural features shall not 29overhang or exceed the setback lines for more than three (3) feet. 30 314. Rock gardens. 32 33 5. Fish or lily ponds, eighteen-inch maximum depth. 34 35 6. Private pump housing, and pool/spa equipment, not to exceed three 36(3) feet in height and not installed in front yards. 37 38 7. Arbors and trellises, provided that there shall be maintained a 39minimum three (3) foot setback from property line. In addition, there shall be a 40maximum height of ten (10) feet. A greater height will be allowed if the trellis 41is an extension of an eave/facia. 42 43 8. Permanent or retractable awnings, canopies, storm shutters, marquees 44or covered walkways projecting from a building wall over a required yard 45setback not more than two and one-half (2½) feet, and having no supports other 46than provided by the wall or its integral part. 47 November 9, 2010 33 SUPPLEMENTAL REGULATIONS 1 9. Chimneys projecting not more than three (3) feet into the required 2yard setback. 3 4 10. Fire escapes or unenclosed staircases, the riser of which shall be at 5least fifty (50) percent open, provided that the vertical projection downward 6onto a required yard setback shall not project more than five (5) feet into, and 7shall not exceed ten (10) percent of, the area of the required yard setback. 8 9 11. Flagpoles having only one structural ground member. Flags 10projecting off of a structure shall not extend beyond the setback line for more 11than three feet and in no case shall extend beyond the property line. 12 13 12. Fountains; provided that nonportable fountains shall not exceed 14nine (9) feet in height, shall be setback three (3) feet from side and rear property 15lines and shall occupy no more than 100 square feet. 16 17 13. Heating, ventilation and air conditioning units (including 18compressors and condensers) for single-family or duplex dwellings, provided 19the exhaust air from such units is directed vertically or away from the adjacent 20property line. Heating, ventilation and air conditioning units and intake and 21exhaust fans for nonresidential uses shall be set back a minimum of five (5) feet 22from property line. 23 24 14. Mailboxes and newspaper boxes. 25 26 15. Open terraces, including walkways, unenclosed decks and slabs, 27natural plant landscaping and docks, with or without canopy. Docks projecting 28into waterway owned by a different property owner than the owner of the dock 29shall require prior approval at time of permitting from the owner of the 30waterway. In addition, the dock, all mooring piles, groins, seawalls, jetties, 31revetments, or similar structures and facilities related thereto, shall not extend 32further into the waterway than 1/4 of the width of the waterway for private or 33commercial docking and mooring facilities. 34 35 16. Open, uncovered stoops, steps and platforms for the principal 36building, but not to exceed three (3) feet in height. 37 38 17. Recreational equipment (of the type not requiring a permit) in the 39rear yard setback in residential districts. 40 41 18. Sculpture or other similar objects of art, provided they meet the 42same requirements above for fountains. 43 44 19. Signs, subject to the provisions of the sign code. 45 46 20. Trees, shrubbery or other objects of natural growth. 47 November 9, 2010 34 SUPPLEMENTAL REGULATIONS 1 21. Wells. 2 3 22. Utility, cable and telephone transmission lines and associated 4structures, such as poles. 5 6 23. Basketball goals, provided there is a minimum three (3) foot 7setback from the rear and side interior property lines and a minimum fifteen (15) 8foot setback from front and side street property lines. 9 10 24. Light poles having only one (1) structural ground member and 11portable landscape lighting. 12 13 25. Barbecue pits not to exceed six (6) feet by six (6) feet and provided 14they are set back three (3) feet from side and rear property lines. 15 16 26. Raised planters, provided they are set back three (3) feet from side 17and rear property lines and shall have a maximum height of six (6) feet. 18 19 27. Driveways, open walkways (including poured concrete, pavers, or 20the like), terraces, unenclosed decks and slabs, provided that driveways and 21other poured surfaces are setback a minimum of two (2) feet from the property 22line (unless a lesser setback is approved as part of an overall site plan or master 23plan). The addition of all such impervious improvements that exceed eight 24hundred (800) square feet must also comply with Chapter 6, Art. IV, Sec. 5.A.4. 25of the Land Development Regulations. 26 27 28. Natural plant landscaping. 28 29 All other structures similar to the above shall require applications to the 30development director. 31 32(Ord. No. 96-01, § 1, 1-16-96; Ord. No. 96-29, § 1, 5-7-96; Ord. No. 96-32, § 1, 338-8-96; Ord. No. 00-39, § 1, 8-1-00; Ord. No. 07-025, § 3, 9-18-07;Ord. No. 3409-033, § 2, 8-4-09) 35 Section 4. Sale of Used Merchandise 36 37 38Except where permitted as a principal use, the sale of used merchandise is allowed as an 39accessory use to the sale of new merchandise, provided that the used merchandise is of the same 40type as the new merchandise sold on the premises. In all instances, the floor area occupied by 41used merchandise shall not exceed 25% of the gross floor area. 42 436.C-2 district.The sale of used merchandise shall be permitted as an accessory use to 44the sale of new merchandise, meaning that used merchandise shall be of the same type as the 45new merchandise sold on the premises, and shall be permitted as an accessory use to a repair 46shop which is permitted in the district, provided that, in all cases, the floor area occupied by 47used merchandise shall not exceed twenty-five (25) percent of the gross floor area. Stores November 9, 2010 35 SUPPLEMENTAL REGULATIONS 1which deal primarily in used merchandise shall be limited to retail merchandise of the type that 2is permitted in the list of permitted uses above. Pawnshops and auction houses shall be 3prohibited, however, in the C-2 district. Used merchandise stores shall be located not less than 4twenty-fourhundred (2,400) feet apart, as measured by direct distance between property lines, 5and shall have a gross floor area of not more than five thousand (5,000) square feet. Where 6these stores are currently located at less than this minimum distance, such stores shall not be 7expanded. All new applications for business tax receipts to operate such uses or applications 8for building permits to expand such uses shall be accompanied by an affidavit which certifies 9that the provisions of this paragraph would be complied with. Exterior storage and display in 10connection with such uses shall be prohibited. Sales bazaars, farmer’s markets, flea or thieves’ 11markets, swap shops, and trading posts. 128.C-3 district.The sale of used merchandise shall be permitted as an accessory use to 13the sale of new merchandise, meaning that used merchandise shall be of the same type as the 14new merchandise sold on the premises, and shall be permitted as an accessory use to a repair 15shop which is permitted in the district, provided that, in all cases, the floor area occupied by 16used merchandise shall not exceed twenty-five (25) percent of the gross floor area. Stores 17which deal primarily in used merchandise shall be limited to sale of retail merchandise of the 18type that is permitted in the list of permitted uses above. Such stores shall not exceed five 19thousand (5,000) square feet in gross floor area and shall be located not less than twenty-four 20hundred (2,400) feet apart, as measured by direct distance between property lines. Where these 21stores are currently located at less than this minimum distance, such stores shall not be 22expanded. All new applications for business tax receipts to operate such uses or applications 23for building permits to expand such uses shall be accompanied by an affidavit which certifies 24that the provisions of this paragraph would be complied with. Exterior storage and display in 25connection with such uses shall be prohibited. Antique shop and auction house selling only 26objects of value such as quality antiques, art objects, jewelry and the like but not used 27merchandise generally. Sales bazaars, farmer’s markets, flea or thieves’ markets, swap shops, 28and trading posts. 297.Sale of used merchandise. Sale of used merchandise shall comply with all provisions 30that apply to the sale of used merchanside in the C-3 district. Distance separation requirements 31as set forth in Section 6.C.8.of appendix A shall have no application to not-for-profit 32organizations. 33 Section 5. Exterior Display of Merchandise. 34 35 A. Districts. 36 The temporary exterior display of retail merchandise is allowed in 37all commercial and mixed-use zoning districts. 38 B. Type of Merchandise. 39 The temporary exterior display of retail 40merchandise is allowed, provided that said merchandise is sold by the operator of the 41respective business occupying the establishment, and is of the same type of merchandise 42typically sold within the building. 43 C. On-Site Location. 44 The temporary exterior display of retail merchandise shall 45be completely contained within the boundaries of the subject property or leased parcel. 46Retail merchandise shall be displayed on hard surfaces only and if placed within 47walkways, shall not obstruct or impede pedestrian movement or cause noncompliance November 9, 2010 36 SUPPLEMENTAL REGULATIONS 1with ADA accessible route requirements. Merchandise shall not be placed within 2easements, landscaped areas, off-street parking and vehicular use areas, rooftops, or 3anywhere that would create a hazard to the public. Any property owner desiring to 4display merchandise within off-street parking areas would need to obtain a Special 5Temporary Sales Event Permit in accordance with Section 6 below. 6 D. Hours of Display. 7 Retail merchandise shall be secured and stored inside a 8principal or accessory building at the close of business hours, unless said merchandise is 9placed on-site more than 300 feet from any street right-of-way and complies with the 10location criteria of paragraph “C” above or approved as part of a Special Temporary 11Sales Event, as described in Section 6 below. In these instances, merchandise may 12remain outdoors after business hours. 13 E. Miscellaneous. 14 15 1. Live Plants. 16 The exterior display of live plants in connection with a 17Nursery, Garden Center, and Farm Supply establishment is exempt from the 18300-foot distance requirement of paragraph “D” above and may remain outdoors 19after normal business hours provided that its placement complies with the 20location criteria of paragraph “C” above. 21 2. Seasonal Sales Event. 22 See Section 7 below for additional 23regulation regarding the Seasonal Sales Event and the temporary exterior 24display of Christmas trees, pumpkins, and fireworks. 25 3. Permanent Exterior Storage of Merchandise and Equipment. 26 See 27Section 8 below for the permanent exterior storage of retail merchandise or 28equipment. 29 Section 6. Special Sales Event. 30 31 A. Purpose and Intent. 32 The purpose and intent of these regulations is to establish 33minimum requirements for special temporary sales events, in order to discourage the 34exterior display and placement of retail merchandise in an unsightly, distracting, 35cluttered, or hazardous manner. 36 B. Districts. 37 Special temporary sales events are allowed in commercial and 38mixed-use zoning districts. 39 C. Approval Required. 40 It shall be unlawful for any establishment to display retail 41merchandise outside a principal building in conjunction with a special temporary sales 42event without first having secured approval as required by this ordinance. See Chapter 432, Article V, Section 4 for additional regulations regarding the process for obtaining 44permits for special sales events. 45 D. Type of Merchandise. 46 The temporary exterior display of retail 47merchandise is allowed in conjunction with a special temporary sales event, provided November 9, 2010 37 SUPPLEMENTAL REGULATIONS 1that said merchandise is sold by the operator of the respective business occupying the 2establishment, and is of the same type of merchandise typically sold within the building. 3 4Any property owner desiring to sell Christmas trees, pumpkins, or fireworks as an 5accessory use would need to obtain a Seasonal Sales Event Permit in accordance with 6Section 7 below. 7 E. On-Site Location. 8 The temporary exterior display of retail merchandise in 9conjunction with a special temporary sales event shall be completely contained within 10the boundaries of the subject property or leased parcel. Retail merchandise shall be 11displayed on hard surfaces only, and if placed within walkways, shall not obstruct or 12impede pedestrian movement or cause noncompliance with ADA accessible route 13requirements. Merchandise may be placed within off-street parking spaces but shall not 14be located within easements, landscaped areas, vehicular use areas, rooftops, or 15anywhere that would create a hazard to the public. 16 F. Hours of Display. 17 The temporary exterior display of retail merchandise in 18conjunction with a special temporary sales event shall not exceed a total of 14 days 19within any one (1) calendar year, unless said merchandise is placed on-site more than 20300 feet from any street right-of-way. In these instances, merchandise may remain 21outdoors for no more than 60 days within any one (1) calendar year.However, in either 22instance, City authorization shall be required for any use of off-street parking areas for 23display of retail merchandise. 24 Section 7. Seasonal Sales Event. 25 26 A. Purpose and Intent. 27 The purpose and intent of these regulations is to establish 28minimum requirements for special sales events, in order to discourage the exterior 29display and placement of Christmas trees, pumpkins, fireworks, and similar items that 30are principally sold during the holidays, in an unsightly, distracting, cluttered, or 31hazardous manner. 32 B. Districts. 33 Seasonal sales events are allowed in all zoning districts. 34 C. Approval Required. 35 It shall be unlawful for any establishment or organization 36to display Christmas trees, pumpkins, or fireworks outside a principal building in 37conjunction with a seasonal sales event without first having secured approval as 38required by this ordinance. See Chapter 2, Article V, Section 3 for additional 39regulations regarding the process for obtaining permits for seasonal sales events. 40 D. On-Site Location. 41 The temporary exterior display of Christmas trees, 42pumpkins, and fireworks shall be completely contained within the boundaries of the 43subject property or leased parcel. 44 E. Hours of Display. 45 The temporary exterior display of Christmas trees, 46pumpkins, and fireworks shall not exceed a total of 45 days within any one (1) calendar November 9, 2010 38 SUPPLEMENTAL REGULATIONS 1year. City authorization shall be required for any use of off-street parking areas for 2display of retail merchandise. 3 Section 8. Permanent Exterior Storage of Merchandise and Equipment. 4 5 A. Purpose and Intent. 6 The purpose and intent of these regulations is to establish 7minimum requirements for the permanent exterior storage of retail merchandise or 8equipment, in order to discourage the exterior placement of said merchandise or 9equipment in an unsightly, distracting, cluttered, or hazardous manner. These 10regulations shall not supersede, but rather supplement any specific regulations 11pertaining to the exterior storage of merchandise or equipment as a principal use. 12 B. Districts. 13 The permanent exterior storage of retail merchandise or 14equipment is allowed in the C-3, C-4, PID, and M-1 zoning districts. 15 C. Site Plan Required. 16 The area allocated for the permanent exterior storage of 17retail merchandise or equipment shall be shown on the site plan in accordance with 18Chapter 2, Article II, Section 2.F. 19 D. Type of Merchandise / Equipment. 20 The permanent exterior storage of 21retail merchandise or equipment is allowed, provided that said merchandise / equipment 22is owned by the operator of the respective business occupying the establishment, and is 23of the same type of merchandise or equipment typically sold or stored within the 24principal building. 25 E. On-Site Location. 26 Storage areas shall be completely contained within the 27boundaries of the subject property or leased parcel. 28 29The permanent exterior storage areas shall be placed behind the front or side corner 30building line where located in the C-3, C-4, and PID districts. This restriction shall also 31apply to properties located along arterial or collector roadways when located in the M-1 32districts. 33 1.Required Surface. 34 In the C-3 and PID districts, the permanent exterior 35storage of retail merchandise or equipment shall be placed on improved and hard 36surfaces only, including vehicular use areas and excess off-street parking spaces. 37 2. Prohibitions. 38 If placed within walkways, the permanent exterior storage 39areas shall not obstruct or impede pedestrian movement or cause noncompliance 40with ADA accessible route requirements. In addition, storage areas shall not: 41 a. 42 Be placed within required off-street parking spaces; 43 b. 44 Obstruct or impede vehicular movement; or 45 c. 46Cause noncompliance with any of the off-street parking or 47vehicular use area standards of Chapter 4. November 9, 2010 39 SUPPLEMENTAL REGULATIONS 1 d. 2 Abridge any easement rights without approval from the affected 3utility company or the City and shall not be located within landscaped 4areas, rooftops, or otherwise create a hazard to the public. 5 FSize 6.. The area allocated to the permanent exterior storage of retail merchandise 7or equipment shall be restricted in size where properties are located within the following 8districts: 9 1. C-3 District. 10 The size of the permanent outdoor storage area shall be 11limited to one percent (1%) of the gross floor area of the principal building(s) / 12leased space. 13 14An additional one percent (1%) of storage area (based upon the gross floor area 15of the leased space / principal building(s) may be granted, subject to the 16approval of an administrative adjustment. See Chapter 2, Article II, Section 10 17for the administrative adjustment process. 18 2. PID District. 19 The size of the permanent outdoor storage area shall be 20limited to 15% of the gross floor area of the principal building(s) / leased space. 21 G. Screening. 22 In the C-3, C-4, and PID districts, the area allocated for the 23permanent exterior storage of merchandise or equipment shall be adequately screened 24where visible from an abutting property or right-of-way. This restriction shall also 25apply to properties located along arterial or collector roadways within the M-1 district. 26Screening material, which may include walls, fences, or hedges, must result in an 27opaque surface to limit the visibility of said merchandise or equipment from abutting 28properties or rights-of-way. 29 30A landscape barrier (in accordance with Chapter 4, Article II, Section 3.B and Section 313.C.) may be required in all instances where the outdoor storage area abuts an 32incompatible land use, zoning district, and / or right-of-way. 33 345.Exterior storage or display: Exterior storage or display of merchandiseor materials shall 35be prohibited, with the exception of growing plants, which are stored or displayed as an 36accessory use to a lawful principal use. 37 386.Exterior display and storage of merchandise. Exterior display of retail merchandise 39shall be permitted, provided that such merchandise is owned by the operator of the business 40occupying the building, and is the same type of merchandise that is typically sold within the 41building. Exterior display storage of merchandise shall be for a length of time which, on a daily 42basis, shall not exceed eighteen (18) hours. Exterior storage or display of motor vehicles and 43boats, excluding wrecked motor vehicles, shall also be permitted to the extent that same is 44integralto the operation of a conforming use or a legal nonconforming use, and without 45limitation on length of time. Exterior display of merchandise shall be completely contained 46within property lines, and shall not completely block walkways or otherwise create a hazard to 47the public. Parking areas shall not be used for such displays except for a period or periods of November 9, 2010 40 SUPPLEMENTAL REGULATIONS 1time which shall not exceed seven (7) days within any one (1) calendar year. Permission from 2the development director or his authorized representative shall be required for any use of 3parking areas for display of merchandise. The exterior display or storage of growing plants 4shall be permitted in connection with a lawful principal use, without limitation on length of 5time. 6 76.Exterior display or storage. Exterior display of merchandise shall comply with all 8provisions that apply to the exterior display of merchandise in the C-3 district. Exterior storage 9of merchandise, materials, or equipment shall be allowed only as an accessory use to a lawful 10principal use which occupies a building, and shall be adequately screened. Exterior storage or 11display of motor vehicles and boats shall also be permitted to the extent that same is integral to 12the operation of a conforming use or a legal nonconforming use, and without limitation on 13length of time, and without the requirement for screening. Exterior storage is prohibited, unless 14adequately screened. 15 16tt.Outdoor display or sales of merchandise, subject to the conditions set forth in Section 176.C.6 of these zoning regulations. 18 19Exterior display of retail merchandise shall be permitted, provided that such merchandise is 20owned by the operator of the business occupying the building, and is the same type of 21merchandise that is typically sold within the building. Exterior storage of merchandise shall be 22for a length of time which, on a daily basis, shall not exceed eighteen (18) hours. Exterior 23storage or display of motor vehicles and boats, excluding wrecked motor vehicles, shall also be 24permitted to the extent that same is integral to the operation of a conforming use or a legal 25nonconforming use, and without limitation on length of time. Exterior display of merchandise 26shall be completely contained within property lines, and shall not completely block walkways 27or otherwise create a hazard to the public. Parking areas shall not be used for such displays 28except for a period or periods of time which shall not exceed seven (7) days within any one (1) 29calendar year. Permission from the development director or his authorized representative shall 30be required for any use of parking areas for display of merchandise. The exterior display or 31storage of growing plants shall be permitted in connection with a lawful principal use, without 32limitation on length of time. 33 34Table 6F-1 Prohibited. 35 36Table 6F-1 Open storage or display is prohibited unless adequately screened, except that 37growing plants which are stored or displayed shall not require screening. Any exterior storage 38of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a 39lawful principal use allowed elsewhere in this section, and shall be adequately screened. 40 41L.PID district.Outdoor storage of materials may be permitted based on a finding of the 42planning and development board that such storage does not exceed fifteen (15) per cent of the 43total square footage of the building site and that such storage is screened and fenced to preclude 44exposure to the public. 45 46Outdoor storage of any type, other than rental cars is prohibited.The outdoor display or sales of 47merchandise requires conditional use approval. November 9, 2010 41 SUPPLEMENTAL REGULATIONS 1 2Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only 3in connection with a lawful principal use allowed elsewhere in this section, and shall be 4adequately screened. 5 6Outdoor storage of materials may be permitted based on a finding of the planning and 7development board that such storage does not exceed fifteen (15) per cent of the total square 8footage of the building site and that such storage is screened and fenced to preclude exposure to 9the public. 10 Section 9. Sidewalk Cafés. 11 12 A. Definitions. 13See Chapter 1, Article II for the definition pertaining to sidewalk 14cafes. 15 B.Approval Required. 16 B. PERMIT REQUIRED. It shall be unlawful for any 17person to operate a sidewalk café on abutting any sidewalk or public right-of-way 18within the city without obtaining a permit approval in accordance with Chapter 2, 19Article II, Section 6.E. as required by this article. Sidewalk cafés shall be located only 20where permissible as prescribed herein. No person shall establish a sidewalk café 21abutting any sidewalk unless such person has obtained a valid permit for a sidewalk café 22pursuant to this article. 23 24Thirty (30) days from the effective date of this article, any person or entity operating a 25sidewalk café without a permit or any property owner allowing the operation of a 26sidewalk café without a permit upon his/her/its property shall be subject to penalties as 27provided in this article. 28 C. Applicability. 29 C.GEOGRAPHIC LIMITATION. A sidewalk café may 30be allowed, subject to review and approval as outlined herein, on an abutting public 31sidewalk (right-of-way) and as an accessory use to a legally operating Restaurant or 32Nightclub establishment, provided that such establishment is located within the 33boundaries of the Community Redevelopment Agency (CRA) area. A sidewalk café 34shall be subject to any additional limitations or restrictions of the zoning district for 35which it is located. A sidewalk café is prohibited outside the boundaries of the CRA. 36 37Sidewalk cafés shall be limited to the boundaries of theCommunity Redevelopment 38Areaandzoning districts which allow restaurants ornightclubs, subject to any 39limitations or restrictions of the particular zoning district. 40 41D. PERMIT FEE.1.The annual permit fee for establishing or maintaining a 42sidewalk café shall be $3.75 per seat with a minimum charge of $93.00. 43 442.The permit fee shall be paid on or before October 1st and shall cover the time 45period from October 1st through September 30th of the following calendar year, 46provided, however, that for the 2001-2002 year; the fee shall be due and payable on or 47prior to operation and prorated for the year.No permit shall be issued for any fractional November 9, 2010 42 SUPPLEMENTAL REGULATIONS 1portion of the year; provided, however, that any person or entity operating a sidewalk 2café for a period beginning after April 1st, may obtain a permit for the remaining 3portion of the fiscal year upon payment of one-half of the permit fee required by this 4article. No refund of fees shall be allowed. 5 63.The permit fees collected pursuant to this section from sidewalk cafés located in 7the City of Boynton Beach shall be placed in the general revenue fund. 8 9E. PERMIT APPLICATION.1.Application for a permit to operate a 10sidewalk café shall be made at the Department of Development Office of Business Tax 11Receipts. Such application shall include: 12 13a.Name, address and telephone number of the applicant. 14 15b.Name and address of restaurant / night club. 16 17c.A copy of a valid City of Boynton Beach occupational license to operate a 18restaurant or a nightclub adjacent to the sidewalk which is the subject of the application. 19 20d.In the case of a new or newly renovated facility, a copy of a valid certificate of 21completion for the building frontage adjacent to the sidewalk which is the subject of the 22application. 23 24e.Evidence of insurance containing terms required under section G. of this article. 25 26f.A drawing to scale showing the layout and dimensions of the existing sidewalk 27area and adjacent private property, proposed location, size and number of tables, chairs, 28steps, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, and any 29other sidewalk obstruction either existing or proposed within the pedestrian area. 30 31g.Photographs, drawings or manufacturer's brochures fully describing the 32appearance of all proposed tables, chairs, umbrellas or other objects related to the 33sidewalk café. 34 35h.Written approval by the building owner as to the proposed use of the sidewalk 36and building frontage for a sidewalk café. 37 38i.A nonrefundable application fee of forty dollars ($40.00). 39 402. Applications shall be reviewed for compliance with city ordinances and must be 41approved by the CRA Board. Final approval shall be from the City Commission. 42 43 D. Regulations. 44 F. REQUIREMENTS OF A SIDEWALK CAFÉ PERMIT. 45 1. Private Sidewalk. 46 Sidewalk cafés shall be restricted to the private 47sidewalk frontage of the licensed restaurant or nightclub to which the permit is November 9, 2010 43 SUPPLEMENTAL REGULATIONS 1issued or within the private sidewalk frontage of the building where the validly 2licensed restaurant or nightclub is are located. 3 2.Accessibility. 4 Tables or chairs shall be located a minimum of five (5) 5feet from a pedestrian crosswalk or handicap ramp, bus stop shelter, bus stop 6sign, taxi stand, stop sign or fire-hydrant. 7 a. 8 3. A clear pathway, parallel with the street, with a minimum 9width of four (4) feet, shall be maintained for through pedestrian traffic. 10 However, a minimum width of five (5) feet shall be maintained between 11the seats where the pedestrian path bisects the proposed seating 12arrangement. This requirement must be consistent with the Landscape 13Code. 14 b. 15 4. In areas of congested pedestrian activity, the City may 16Commission is authorized to require a wider pedestrian path, as 17circumstances dictate. 18 3.Perimeter. 19 5.Temporary No objects, including landscaping, 20shall be permitted around the perimeter of an a sidewalk area occupied by tables 21and chairs that would have the effect of forming a physical or visual barrier 22discoursing the use of the pedestrian path of the sidewalk in accordance with all 23other requirements of this section. 24 4. Safety. 25 6. Tables, chairs, umbrellas, canopies, awnings, and 26any other objects utilized as part of the sidewalk café shall be of quality design, 27materials, size, elevation, and workmanship, both to ensure the safety and 28convenience of users, and to enhance the visual quality of the urban 29environment. Design, materials and colors shall be approved by the CRA Board 30and City Commission prior to the issuance of the sidewalk café permit. 31 327. Awnings, umbrellas, and other decorative material shall be fire-retardant, 33pressure treated or manufactured, or fire resistant material. Signs on awnings, 34umbrellas, chairs, tables and any other fixtures which are placed on the public 35right-of-way shall be limited to the name of the principal use. Lettering may not 36exceed four (4) inches in height. The City may require relocation of tables, 37chairs, and other objects at any time for safety or pedestrian flow consideration. 38 5.Design. 39 8. All tables, chairs, umbrellas, canopies, awnings, 40and any other objects as part of the sidewalk café shall meet the following 41minimum design standards: 42 a. 43 Contribute to the aesthetic appearance of the area where the 44sidewalk café is proposed by promoting the design and color theme 45applicable to that area; 46 November 9, 2010 44 SUPPLEMENTAL REGULATIONS b 1. Contribute to the efforts of community identity and 2redevelopment; 3 c. 4 Not constitute or create traffic or pedestrian hazards; and 5 d. 6 Respect Community standards relative to decency and obscenity. 7 6. Outstanding Debt 89. Prior to forwarding the application to the 9CRA Board, the CRA Director or designee shall certify that there are no 10outstanding fines, moneys, fees, taxes or other charges owed to the City by the 11current or past owners or operators of the property requesting a sidewalk café 12approval. Final approval of a sidewalk café shall not commence until all 13outstanding debts to the City are paid in full. permit. A sidewalk café permit 14will not be issued until all outstanding debts to the city are paid in full. 15 7.Menu Board. 16 10. One (1) menu board only shall be permitted and 17limited to a maximum of four (4) square feet. The proposed location of the 18menu sign shall be considered a part of the review for a sidewalk café 19application. The menu board location shall be shown on the permit. The menu 20board shall not be a sandwich an “A”-Frame sign. 11. Any food service 21establishment that qualifies under the conditions of this article may redesign the 22face of their establishment to allow for doors or panels that permit the 23establishment to have totally open sides allowing for an indoor/outdoor “café” 24design. These changes in the building can only be made after a proper building 25permit is issued, said changes otherwise comply with this Code, and all 26appropriate fees paid. 27 8. Conditions for all Approvals. 28The following conditions shall 29apply to all sidewalk cafés: 30 a. 31 The City and its officers and employees shall not be responsible 32for sidewalk café components relocated during emergencies. 33 b. 34 The approval shall be specifically limited to the area shown on 35the “exhibit” attached to and made a part of the permit. The City shall 36have the right to remove without notice, any tables, chairs or other 37objects not in the permit area. 38 c. 39 The operator shall act to assure that its use of the sidewalk in no 40way interferes with sidewalk users or limits their free unobstructed 41passage. The City may require relocation of tables, chairs and other 42objects at any time for safety or pedestrian flow consideration. 43 d. 44 Operators holding a Business Tax Receipt limited to take-out 45food shall not be permitted to provide table service on the sidewalk. 46This provision shall not include an ice cream shop or coffee bar which is 47duly licensed for eat-in service. November 9, 2010 45 SUPPLEMENTAL REGULATIONS 1 e. 2 Tables, chairs, umbrellas, and any other objects permitted as part 3of a sidewalk café shall be maintained with a clean and attractive 4appearance and shall be in good repair at all times. 5 f. 6 The sidewalk area covered by the application and sidewalk and 7roadway immediately adjacent to it shall be maintained in a neat and 8orderly appearance at all times, and the area shall be cleared of all debris 9as needed during the day, and again at the close of each business day. 10 g. 11 Unless otherwise provided herein, no signs associated with the 12sidewalk café shall be allowed within the public right-of-way. 13 h. 14 No tables, chairs or any other parts of sidewalk cafés shall be 15attached, chained, or in any manner affixed to any tree, post, sign or 16other fixture, curb or sidewalk within or near the permitted area. No 17additional outdoor seating authorized herein shall be used for calculating 18seating requirements pertaining to location of, applications for, or 19issuance of liquor license for any establishment use area and/or seating 20capacity realized through the sidewalk café use and contiguous outdoor 21dining shall not invoke provisions of the zoning code as they pertain to 22parking or other matters, with the exception of capital facilities fees 23which will be assessed per seating. 24 i. 25 The area between the exterior walls of a Restaurantor a 26Nightclub and the edge of sidewalk shall be designated as public space. 27The placement of tables and chairs in this public space shall not 28constitute a building improvement which otherwise triggers structural 29improvements to the operating business under the provisions of the 30Florida Building Code (FBC) or any State Statute. In the event an 31operator of a Restaurant or a Nightclub creates a sidewalk café pursuant 32to the terms of this section and such creation entails actual structural 33improvements to any portion of the structure other than the permanently 34obstructed ingress or egress to the restaurant or nightclub then, in that 35event, all applicable provisions of the FBC or State Statutes 36necessitating improvements to the property shall apply. 37 j. 38 No food preparation; fire; fire apparatus; or drink preparation or 39dispensing equipment shall be allowed on the public sidewalk, other 40than that employed in the course of ordinary tableside service, including 41but not limited to menu items which require table preparation, whether 42or not such area is covered by the approval. 43 h. 44 Upon the issuance of a “Hurricane Warning” or “Hurricane 45Watch” by the authorities, the operator shall forthwith remove and place 46indoors all tables, chairs, awnings and other equipment located on the 47sidewalk. November 9, 2010 46 SUPPLEMENTAL REGULATIONS 1 2H. SIDEWALK CAFÉ PERMITS. 3 41.Each permit shall be effective for one (1) year from October 1st 5until September 30th, subject to annual renewal. 6 72.The permit may be temporarily suspended by the City, when 8necessary to clear sidewalk areas for a “community or special event”. 9authorized by a permit issued by the Leisure Services department. 10 . 113The City may require the temporary removal of sidewalk cafés 12when street, sidewalk, or utility repairs necessitate such action. 13 144.The City and/or an authorized police officer of the City may 15cause the immediate removal or relocation of all or parts of the sidewalk 16café in emergency situations. 17 185.The City and its officers and employees shall not be responsible 19for sidewalk café components relocated during emergencies. 20 216.The permit shall be specifically limited to the area shown on the 22“exhibit” attached to and made a part of the permit. The City shall have 23the right to remove without notice, any tables, chairs or other objects not 24in the permit area. 25 267.The permittee shall act to assure that its use of the sidewalk in no 27way interferes with sidewalk users or limits their free unobstructed 28passage. The City may require relocation of tables, chairs and other 29objects at any time for safety or pedestrian flow consideration. 30 318.The sidewalk café shall be open for use by the general public, 32although such use may be restricted by the permittee to the patrons of 33the permittee. 34 359.Permittees holding an occupational license or certificate of use 36limited to take-out food shall not be permitted to provide table service 37on the sidewalk. This provision shall not include an ice cream shop or 38coffee bar which is duly licensed for eat-in service. 39 4010.Tables, chairs, umbrellas, and any other objects permitted as part 41of a sidewalk café shall be maintained with a clean and attractive 42appearance and shall be in good repair at all times. 43 4411.The sidewalk area covered by the permit and sidewalk and 45roadway immediately adjacent to it shall be maintained in a neat and 46orderly appearance at all times, and the area shall be cleared of all debris 47as needed during the day, and again at the close of each business day. November 9, 2010 47 SUPPLEMENTAL REGULATIONS 1 212.No signs other than those permitted herein shall be permitted in 3the public right-of-way. 4 513.No tables, chairs or any other parts of sidewalk cafés shall be 6attached, chained, or in any manner affixed to any tree, post, sign or 7other fixture, curb or sidewalk within or near the permitted area. No 8additional outdoor seating authorized herein shall be used for calculating 9seating requirements pertaining to location of, applications for, or 10issuance of liquor license for any establishment use area and/or seating 11capacity realized through the sidewalk café use and contiguous outdoor 12dining shall not invoke provisions of the zoning code as they pertain to 13parking or other matters, with the exception of capital facilities fees 14which will be assessed per seating. 15 1614.The area between the exterior walls of a restaurant or a nightclub 17and the edge of sidewalk shall be designated as public space. The 18placement of tables and chairs in this public space shall not constitute a 19building improvement which otherwise triggers structural improvements 20to the operating business under the provisions of the Southern Building 21Code or any state statute. In the event an operator of a restaurant or a 22night club creates a sidewalk café pursuant to the terms of this section 23and such creation entails actual structural improvements to any portion 24of the structure other than the permanently obstructed ingress or egress 25to the restaurant or nightclub then, in that event, all applicable 26provisions of the Southern Building Code or state statutes necessitating 27improvements to the property shall apply. 28 2915.No food preparation fire, or fire apparatus, shall be allowed on 30the public sidewalk., other than that employed in the course of ordinary 31tableside service, including but not limited to menu items which require 32table preparation, whether or not such area is covered by this permit. 33 3416.Upon the issuance of a “Hurricane Warning” or “Hurricane 35Watch” by the authorities, the permittee shall forthwith remove and 36place indoors all tables, chairs, awnings and other equipment located on 37the sidewalk. 38 E. Liability and Insurance. 39 G. LIABILITY AND INSURANCE. 40 1.Liability. 41 The operator permittee agrees to indemnify, defend, save 42and hold harmless the city, its officers and employees from any and all claims, 43liability, lawsuits, damages and causes of action which may arise out of this 44permit, or the permittee's activity on the premises by executing a written hold 45harmless agreement. 46 November 9, 2010 48 SUPPLEMENTAL REGULATIONS 2. Insurance 1. The operator permittee agrees to meet and maintain for 2the entire approval permit period, at his / her own expense, the following 3requirements: 4 a. 5 Commercial general liability insurance in the amount of one 6million dollars ($1,000,000.00) per occurrence for bodily injury and 7property damage. The City city must be named as an additional insured 8on this policy, and an endorsement must be issued as part of the policy 9reflecting this requirement. 10 b. 11 Worker's compensation and employer's liability as required by 12the state. 13 c. 14 All policies must be issued by companies authorized to do 15business in the state and rated B+: VI or better per Best's Key Rating 16Guide, latest edition. 17 d. 18 The City must receive 30 days city must receive thirty (30) days 19written notice prior to any cancellation, nonrenewal or material change 20in the coverage provided. 21 e. 22 The permittee must include in the application an original 23certificate of insurance as evidence that the above requirements have 24been met. A certificate of insurance showing evidence that the above 25requirements have been met must be included in the renewal application. 26Failure to maintain these requirements shall justify a suspension or 27revocation of a sidewalk café permit by the city manager. 28 f. 29 3. The approval permit period shall run and insurance 30requirements as described in subsection b. above shall be effective from 31October 1st until September 30th of the following calendar year. 32 33I. APPROVAL, DENIAL, REVOCATION OR SUSPENSION OF PERMIT; 34REMOVAL AND STORAGE FEES; EMERGENCIES.1.Sidewalk 35café applications shall be reviewed with standards enumerated in this article. 2. 36The approval of a sidewalk café permit is conditional at all times. A 37sidewalk café permit can be denied, revoked,or suspended if: 38 39Any necessary business or health permit has been suspended, revoked or 40cancelled. 41 42Any current violation of the City Code, County Code or State Law on 43the premises has been found. 44 45The permittee exceeds the approved square footage by placing any 46additional tables, chairs, etc., beyond the approved area. 47 November 9, 2010 49 SUPPLEMENTAL REGULATIONS 1Changing conditions of pedestrian or vehicular traffic causes congestion 2necessitating removal of the sidewalk café. Such decisions shall be 3based upon findings of the City CRA director that the minimum four- 4foot pedestrian path is insufficient under existing circumstances and 5represents a danger to the health, safety or general welfare of pedestrians 6or vehicular traffic. 7 8The permittee has failed to correct any violations of this article or 9conditions of the permit within twenty-four (24) hours of receipt of the 10City notice of same delivered in writing to the permittee. 11 12In the event the permittee fails to remove any tables, chairs, and other 13objects related to the sidewalk café within twenty-four (24) hours of 14receipt of the City notice of the denial, revocation or suspensions, the 15City may remove said objects. The permittee shall be responsible for the 16expenses incurred by the City for the removal and storage of said 17objects. 18 192.Upon approval or denial of the permit, the City shall give written notice 20of such action to the permittee. 21 223.Approval or denial of the permit by the CRA shall be placed on the next 23City Commission consent agenda for review. 24 254.Revocation or suspension shall be placed on the next CRA agenda and 26its decision placed on the next City Commission consent agenda for review. 27 285.If the CRA director believes that a permittee has engaged or is engaged 29in conduct warranting the suspension or revocation of the permit, he shall serve 30the permittee by certified mail or hand delivery, at the business address as 31disclosed in the application for the permit, a written notice of ordinance 32violation which affords reasonable notice of facts or conduct which warrant the 33intended action, and a reasonable time for the permittee to cure the violation. 34The complaint shall state what is required to be done to eliminate the violation, 35if any. The permittee shall be given adequate opportunity to request a review as 36provided herein, unless the city manager finds that an emergency condition 37exists involving serious danger to the public health, safety and welfare, in which 38case advance notice and hearing shall not be required. In the case of an 39emergency suspension or revocation, the licensee shall immediately be advised 40of the city manager's action. In the event the permittee does not cure the 41violation within the reasonable time designated by the city manager, the case 42shall be placed on the CRA Board agenda. Final decision of the CRA Board 43shall be placed on the next City Commission agenda for review. In emergency 44suspension or revocation, a review as provided herein shall follow as soon as 45practicable. 46 November 9, 2010 50 SUPPLEMENTAL REGULATIONS 16.Appellate provisions: Any aggrieved party may appeal a final decision 2of the City Commission under this chapter by writ of certiorari as provided in 3the Land Development Regulations Chapter 1,Article 7, Section 4. 4 F. Penalties. 5 J. PENALTIES.The following civil fines shall be imposed 6for violators of this article: 7 8First citation$100.00 9Second citation (within a 1-year period)250.00 10Third citation(within a 1-year period)500.00 11 12Any violators of this section shall be fined in accordance with Chapter 1, Article I, 13Section 7.A of these Land Development Regulations. See Chapter 2, Article VI, 14Section 2.C for additional information regarding the denial or revocation of a sidewalk 15café permit. 16 G. Recovery of Unpaid Fines. 17 K. RECOVERY OF UNPAID FINES; UNPAID 18FINES TO CONSTITUTE LIEN; FORECLOSURE. 19 201. The Code Compliance Board shall have the power and jurisdiction to hold 21hearing for recovery of unpaid fees under this chapter as mandated under Part II, 22Chapter 2, Article 5 Article 5 of Chapter 2 of this Code. The Board at its option may 23impose liens as provided in Article 5 of Chapter 2. 24 252. The City of Boynton Beach may institute proceedings in a court of competent 26jurisdiction to compel payment of civil fines. 27 28L.APPLICATION. In the event of any conflict between the provisions of this 29chapter and any other sections of the Code, the provisions of this chapter shall prevail. 30(Ord. No. 01-16,§ 4, 3-20-01) 31 Section 10. Mobile Vendor Regulations. 32 33 A. Purpose and Intent. 34 The purpose of this section is to provide for the regulation 35of mobile vending activities on public and private property, in certain commercial and 36mixed-use zoning districts of the City in order to promote the public interest by 37contributing to an active and attractive pedestrian environment. In recognition thereof, 38reasonable regulation of mobile vending is necessary to protect the public health, safety, 39and welfare and the interests of the City in the primary use of public streets, sidewalks, 40and parking areas, for use by vehicular and pedestrian traffic. 41 B. Definitions. 42See Chapter 1, Article II for specific definitions applicable to 43Mobile Vending Units (MVU). 44 C. Approval Required. 45 It shall be unlawful for any establishment or organization 46to engage in or carry on the business of vending food, goods, or services, upon private 47property or the public ways of the City without first having secured a permit or permits November 9, 2010 51 SUPPLEMENTAL REGULATIONS 1as required by this section. See Chapter 2, Article II, Section 6.C for the process and 2procedure to obtain approval for an MVU. 3 4It is not the intent of these regulations to be applied to mobile vendors temporarily 5approved in conjunction with a special sales event. See Section 6 above for additional 6regulations regarding Special Sales Events. 7 D. Districts. 8 The operating area of an MVU shall be entirely located in the 9following zoning districts: C-2, C-3, C-4, CBD, PCD, SMU, MU-L1, MU-L2, MU-L3, 10and MU-H. 11 E. Compatibility. 12 An MVU shall be compatible in materials and color with 13the surrounding environment. The use of an MVU shall be compatible with the public 14interest. In making such a determination, staff shall consider the type and intensity of 15use, the width of the sidewalk, the proximity and location of existing street furniture, 16including but not limited to traffic control devices, signposts, lampposts, parking meters, 17benches, phone kiosks, mailboxes, fire hydrants, landscaping, trees, buffer yards, public 18art and refuse containers, as well as the presence of truck loading zones. Staff shall also 19consider established and emerging pedestrian and vehicular traffic patterns, as well as 20other factors it deems relevant in determining whether or not the proposed use would 21diminish required parking or result in congestion of the public and private ways, on-site 22traffic circulation patterns, or the creation of a safety hazard. 23 F. Location Criteria. 24 An MVU shall be limited to one (1) assigned location and 25must be self-contained; utility service connections are not permitted. In addition, an 26MVU must comply with the following location criteria, whichever is applicable: 27 1. Public Property and Rights-of-Way. 28 An MVU, located on public 29property or within a right-of-way, shall comply with the following requirements: 30 a.Maximum Area. 31 An MVU shall not occupy an operating 32area of more than 72 square feet of space, including the unit, operator, 33trash receptacle, signage, merchandise, and covering, if applicable. A 34single entity may request approval for more than one (1) MVU within 35the same 72-square foot operating area. 36 b. Maximum Dimensions. 37 An MVU shall not exceed four and 38one-half (4-½) feet in width by eight (8) feet in length, including any 39hitch or fixed trailer components. In addition, the MVU must have a 40minimum of two (2) functional, fully inflated wheels, and positive 41wheel-locking devices. 42 c. Maximum Height. 43 The maximum height of an MVU, 44including any covering, such as its canopy, umbrella, and / or 45transparent enclosure, shall not exceed seven (7) feet. 46 November 9, 2010 52 SUPPLEMENTAL REGULATIONS d.Sidewalks. 1An MVU vendor located on a public sidewalk 2shall not: 3 4(1) Vend at any location where the sidewalk is less than 10 5feet in width; 6 7(2) Vend within 20 feet of an entrance to any building, bus 8stop sign, driveway, stop sign, or cross walk of any intersection; 9and 10 11(3) Obstruct the view of any directional sign, traffic control 12sign, or device. 13 2. Private Property. 14 An MVU is allowed on private property, provided 15that it complies with the following regulations: 16 a. Accessory Use. 17 A new or renewed MVU is allowed as an 18accessory use to a lawful principal use. The principal use must be 19located within a principal building and possess a valid Business Tax 20receipt. No MVU shall be allowed on a vacant lot / leased parcel. 21 b.Class “A” MVU. 22 An MVU is considered “Class ‘A’” if it is 23less than seven (7) feet in height, including its canopy, umbrella, and / or 24transparent enclosure and if the operating area is 72 square feet or less, 25including the unit, operator, and trash receptacle. 26 27A Class “A” MVU is allowed on hard surfaces only, and if placed within 28walkways, shall not obstruct or impede pedestrian movement or cause 29noncompliance with ADA accessible route requirements. A minimum 30clear passage of four (4)-feet must be maintained for pedestrian travel at 31all times. 32 33A Class “A” MVU may be placed within off-street parking spaces but 34shall be restricted to excess parking spaces only. It shall not obstruct or 35impede critical vehicular use movements or otherwise create a hazard. 36 c. Class “B” MVU. 37 An MVU is considered “Class ‘B’” if it is 38either greater than seven (7) feet in height or in excess of 72 square feet 39in operating area, or both. 40 41A Class “B” MVU shall meet the building setbacks of the zoning district 42for which it is located, along with the other regulations required for a 43Class “A” MVU. 44 G. Removal. 45 Each MVU shall be removed daily. An MVU shall not remain on 46any public or private property, or within any rights-of-way between the hours of 47midnight and 6:00 AM. November 9, 2010 53 SUPPLEMENTAL REGULATIONS 1 H.Maintenance. 2The mobile vending unit, including any canopies, 3umbrellas, or transparent enclosures, must be clean, and well maintained. The vending 4site itself must also be clean and orderly at all times, and the vendor must provide a 5refuse container for use by his patrons. The container shall be removed after the unit 6has departed for the day. Vendor wastes of any kind shall not be deposited or permitted 7to be deposited upon the ground, sidewalk, streets, city waste receptacles, or private 8dumpsters. 9 I.Separation. 10 11 1. Between Units. 12An MVU shall not be placed within 100 feet from 13another MVU of a different vendor for which a permit had been granted. No 14approval shall be issued for a new MVU that does not meet this minimum 15distance requirement. 16 2.From Selected Land Uses. 17 18 a. 19 An MVU shall not be placed within 300 feet from the property 20line of any public or private Day Care, any type of School, playground, 21or single- family residential zoning district. 22 b. 23 An MVU shall not be placed within 300 feet from the property 24line of any establishment that sells or provides similar foods, 25merchandise, or services as that of the MVU. 26 c. 27An MVU shall not be placed within 300 feet of the property line 28of any church, temple, mosque, synagogue, or other place of worship. 29 J. Display. 30 31 1. Display of Permit and License. 32 All vendors must display the permit 33issued by the City in a prominent and visible manner. In addition, an MVU 34capable of operating within public rights-of-way shall display a current Florida 35Department of Highway Safety & Motor Vehicles (DHSMV) license plate. 36 2. Display of Merchandise. 37 All merchandise must be displayed on the 38MVU. No merchandise shall be displayed using street structures (planters, 39trees, trash containers, signposts, etc.) or placed upon the sidewalk. 40 K. Emergencies. 41 Vendors shall obey any lawful order from a police or fire 42department official during an emergency or to avoid congestion or obstruction of the 43sidewalk. 44 L.Prohibitions. 45 46 November 9, 2010 54 SUPPLEMENTAL REGULATIONS 1. Solicitations. 1 An MVU approved and located within a right-of-way 2shall not solicit or conduct business with persons in motor vehicles. 3 2. Advertisements. 4 Vendors shall not make loud noises, use 5mechanical audio, noise-making devices, moving objects, or lighting systems to 6advertise his or her product. 7 3. Unattended. 8 No MVU shall be left unattended. 9 4.Miscellaneous. 10 11 a. 12 Vendors shall not hinder or impede the use of any phone kiosk, 13mailbox, parking meter, fire alarm, fire hydrant, or traffic control device. 14 b. 15 No tables, chairs, or umbrellas are to be set up for use by 16customers, with the exception for those located on private properties and 17utilized in connection with a Class “B” MVU. 18 c. 19 No freestanding signs, flags, banners, tents, tarpaulins, canopies, 20or awnings shall be allowed in connection with an MVU. All signs, 21flags, banners, tents, tarpaulins, canopies, or awnings shall be either 22attached to, centered over, or resting against the vending vehicle / 23equipment, with the exception of a one (1) freestanding canopy, which 24may be allowed for an Auto / Car Wash (Polishing, Waxing, Detailing) 25type of MVU in accordance with Chapter 3, Article II, Section 6.C . 26 M. Specific Regulations by Type of MUV. 27 28 1. Food. 29Vendors of food or beverages shall comply with all applicable 30State and local health laws regulating the preparation, handling, and preparation 31of food. All single-service items shall be stored in closed containers or cartons, 32off the floor of the vehicle, except that approved dispensers may be used for 33utensils and cups for immediate use in the vending operation. 34 2.Auto / Car Wash (Polishing, Waxing, Detailing). 35AnAuto / Car Wash 36(Polishing, Waxing, Detailing) type of MVU shall not be allowed on public 37property or within any right-of-way.This type of MVU is only allowed on 38private property and shall comply with the location criteria of paragraph “F” 39above. One (1) freestanding canopy may be allowed for this type of MVU in 40addition to another canopy that is either attached to, centered over, or resting 41against the vending vehicle or equipment. In all instances, the size of the 42freestanding canopy shall be the minimum necessary to accommodate one (1) 43parked vehicle, but not to exceed 20 feet in width by 20 feet in length, and must 44be removed daily. 45 N. Fees. 46 Any fees associated with a Mobile Vendor Permit shall be in accordance 47with Chapter 2, Article VII, Section 1.I. November 9, 2010 55 SUPPLEMENTAL REGULATIONS 1 2Sec. 19. Mobile vendor. 3 A. PURPOSE. 4 5 The purpose of this section is to provide for the regulation of street and sidewalk vending 6activities in certain commercial and mixed-use zoning districts of the city, in order to more fully 7promote the public interest by contributing to an active and attractive pedestrian environment. 8In recognition thereof, reasonable regulation of street and sidewalk vending is necessary to 9protect the public health, safety, and welfare and the interests of the city in the primary use of 10public streets and sidewalks for use by vehicular and pedestrian traffic. 11 12 It shall be unlawful for any person, firm, corporation, or association to engage in or carry on 13the business of vending food, goods or services upon the public ways of the city without first 14having secured a permit or permits as required by this section. 15 16 B. DEFINITIONS. For the purpose of implementing and interpreting this section, the 17following definitions shall apply: 18 19ADULTERATED- The condition of a food that bears or contains any poisonous or deleterious 20substance or has been processed, prepared, packed or held under unsanitary conditions, whereby 21it may have become contaminated with filth, in a quantity which may render it injurious to 22health. 23 24APPROVED MANNER - That method of dealing with waste, solid or liquid, which comports 25with adequate sanitation methods as established by the Division of Hotels and Restaurants of 26the Florida Department of Business and Professional Regulation. 27 28APPROVED SOURCE - A licensed food processing establishment considered satisfactory by 29the health director and serving food products which are clean, wholesome, free from 30adulteration or misbranding and safe for human consumption. 31 32COMMERCIAL OR MIXED-USE ZONE - Any property which is presently or hereafter zoned 33C-2, C-3, C-4, CBD, PCD, SMU, MU-L1, MU-L2, MU-L3 and MU-H or any commercial or 34mixed-use zoning districts subsequently adopted by the city. 35 36COMMISSARY- A food processing establishment or food service establishment approved by 37the Division of Hotels and Restaurants of the Florida Department of Business and Professional 38Regulation in which food, containers or supplies are kept, handled, prepared, packaged or stored 39for transportation by mobile vendors. 40 41CORROSION RESISTANT MATERIAL - A material which maintains its original surface 42characteristics under prolonged influence of food, cleaning compounds, bactericidal solutions 43and other conditions-of-use environment. 44 45EASILY CLEANABLE - Surfaces are readily accessible and made of such material and finish 46and so fabricated that residue may be effectively removed by normal cleaning methods. 47 November 9, 2010 56 SUPPLEMENTAL REGULATIONS 1FOOD- Any raw, cooked or processed edible substance, ice, beverage or ingredient used or 2intended for use or for sale in whole or in part for human consumption. 3 4FOOD HANDLER - A person, certified by the Division of Hotels and Restaurants of the 5Florida Department of Business and Professional Regulation, engaged in the preparation, 6handling or vending of food. 7 8FOOD VENDOR - Any person, group of persons, firm or corporation who individually or by or 9through an agent or employer, offers for sale, sells, attempts to sell, exposes for sale or gives 10away any food intended for human consumption from any vehicle or by a person afoot. 11 12LABEL- A display of any written, printed, or graphic matter upon the immediate container, not 13including package liner, of any prepackaged article in accordance with state law. 14 15LIQUID WASTE - Fluid, resulting from wastes produced from food vending operations, 16composed of solids, whether dissolved or in suspension; liquids, whether in solution, in 17emulsion or in separate phases; and gases. The term shall also include melted ice. 18 19 20- Items of clothing, jewelry (including timepieces), photos, artwork, MERCHANDISE 21housewares, flowers, plants, landscape materials, carpets, phones and accessories, small 22appliances, medicines, personal care items, books and/or magazines as well as audio or video 23recordings, tapes, discs or other media. 24 25MISLABELED AND MISBRANDED - The presence of any written, printed or graphic matter 26upon or accompanying any food or container of food which is false or misleading and which is 27not presented in the English language as stipulated by the Food and Drug Act, Title 21, Chapter 281-101.15 or which violates any applicable federal, state or local labeling requirements. 29 30MOBILE VENDING UNIT (MVU) - Any movable cart, trailer, or other vehicle that is operated 31from an established location, from which food, flowers, and other merchandise and services, as 32well as non-alcoholic beverages are provided to the public with or without charge; except, 33however, that the provisions of this section shall not apply to mobile caterers or service 34providers, generally defined as a person engaged in the business of transporting, in motor 35vehicles, food, beverages, or service equipment to residential, business, and industrial 36establishments pursuant to prearranged schedules, and dispensing from the vehicles the items or 37services at retail, for the convenience of the personnel of such establishments. 38 39PERISHABLE FOOD - Food, including shelled eggs, of a type or in such condition that it will 40become adulterated unless kept at a temperature which will maintain product quality and 41wholesomeness. 42 43PERMIT- A license to operate a mobile vending unit which shall be issued by the Planning and 44Zoning Division of the city's Department of Development for a stated fee and shall be carried by 45a vendor or food handler at all times while vending. 46 November 9, 2010 57 SUPPLEMENTAL REGULATIONS 1POTENTIALLY HAZARDOUS FOOD - Any food that consists in whole or in part of milk or 2milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients 3including synthetic ingredients, in a form capable of supporting rapid and progressive growth of 4infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, 5odor-free shell eggs or foods which have a pH level of 4.5 or below or a water activity (AW) 6value of 0.85 or less. 7 8PUBLIC WAYS - Includes all portions of public streets, alleys, sidewalks, trails and parking 9lots of the city and, in addition, shall include privately owned streets, roads, alleys, sidewalks, 10trails, and parking lots that are provided for public use or access. 11 12SAFE TEMPERATURES, as applied to potentially hazardous food, shall mean temperatures of 13forty-five (45) degrees Fahrenheit (seven (7) degrees Celsius) or below, or one hundred forty 14(140) degrees Fahrenheit (sixty (60) degrees Celsius) or above and zero degrees Fahrenheit 15(minus seventeen (17) degrees Celsius) or below for frozen food storage. 16 17SANITIZE- Effective bactericidal treatment of cleaned surfaces of equipment and utensils by a 18process which has been approved by the Division of Hotels and Restaurants of the Florida 19Department of Business and Professional Regulation as being effective in destroying 20microorganisms including pathogens. 21 22SERVICES- Personal services to include portraits, body art, and hair braiding; the cleaning and 23detailing of vehicles including automobiles, trucks, vans, and motorcycles; and repairing 24household goods, tools, and equipment. 25 26SINGLE SERVICE ARTICLES - Cups, containers, lids, closures, plates, knives, forks, spoons, 27stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar articles intended 28for one-time, one-person use and then discarded. 29 30STICKER- A decal issued by the Planning and Zoning Division of the city's Department of 31Development that is numbered and has the month and year of the expiration date of the permit 32which shall be displayed on the mobile vending unit. 33 34UTENSIL- Any implement used in the storage, preparation, transportation or serving of food. 35 36VEHICLE- Every device in, upon, or by which any persons, food or other commodity is or 37may be transported, pushed or drawn. 38 39WHOLESOME - In sound condition, clean, free from adulteration and otherwise suitable for 40use as human food. 41 42 C. PERMITS REQUIRED FOR MOBILE VENDORS. 43 44 It shall be unlawful for any person, firm, corporation, or association to engage in or carry on 45the business of vending food, goods or services, upon private property or the public ways of the 46city without first having secured a permit or permits as required by this section. 47 November 9, 2010 58 SUPPLEMENTAL REGULATIONS 1 It is not the intent of these regulations to be applied to mobile vendors temporally approved 2in conjunction with a special event. 3 4 D. APPLICATION REQUIREMENTS. 5 6 Applications for a permit shall be filed at the Office of the Planning and Zoning Division of 7the Department of Development. Such application shall contain all the information required 8below, along with the current nonrefundable fee, to qualify for the permit. A decision to issue a 9permit will be based on this information, other applicable ordinances, and other requirements as 10may be set forth herein. The applicant must satisfy the following requirements before a vending 11permit can be issued: 12 13 1. Submit the name and home and business address of the applicant, and the name and 14address of the owner, if other than the applicant, of the vending or mobile vending unit to be 15used in the operation of the vending business. 16 17 2. Submit written evidence of the approval for the vending site from the owner and/or 18tenant of the abutting property if the mobile vendor intends to be located on a public street or 19sidewalk. If the mobile vending site is located on private property, the applicant shall submit a 20copy of the property owner's and/or tenant's approval for said vending site. 21 22 3. Submit a scale drawing (plot plan) showing the area to be used, along with 23applicable dimensions, plans and/or photographs detailing the design and size of the MVU to be 24used including all appurtenances and signage to be displayed. 25 26 4. For vendors proposing to locate on property owned or controlled by the city, the 27applicant shall maintain in force, a comprehensive general and automobile liability insurance 28policy with a minimum coverage of one million dollars ($1,000,000) per occurrence; one 29million dollars ($1,000,000) aggregate for personal injury; and one million dollars ($1,000,000) 30per occurrence/aggregate for property damage. Said policies shall name the city as an additional 31insured and shall include a provision prohibiting cancellation of said policy except upon thirty 32(30) days prior written notice to the city. 33 34 5. Evidence of state or county permits or other required approvals. 35 36 6. For food vendors, the name and address of the commissary from which the vendor 37operates. 38 39 7. Each vendor shall secure and maintain in force workers' compensation insurance to 40statutory limits or a workers' compensation waiver provided by the vendor's insurance 41broker/agent. The vendor shall furnish the City's Risk Management Department with a 42certificate of insurance prior to operating in the city. Said insurance companies must be 43authorized to do business in the State of Florida, and the city will not accept any company that 44has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. The 45city reserves the right to require additional types of insurance, or to raise or lower the stated 46limits, based upon identified risks. 47 November 9, 2010 59 SUPPLEMENTAL REGULATIONS 1 E. FEES. 2 3 Each application for a street vending permit shall be accompanied by a two hundred and fifty 4dollar ($250.00) application fee. The application fee shall be non-refundable and in addition to, 5and separate from, the permit fee of fifty dollars ($50.00) per MVU and the fee for the business 6tax receipt, all of which shall be collected prior to issuance of the permit. 7 8 F. PERMIT APPROVAL. 9 10 The Board of the Community Redevelopment Agency (CRA) or the City's Planning and 11Development Board (P&D) shall consider applications for a vendor's permit at regularly 12scheduled meetings of the respective Board. The applicant shall be permitted to make a brief 13presentation of his or her application and may be questioned by the Board. 14 15 In determining whether to issue a permit, the Board(s) shall consider the standards and 16requirements set forth in this section and input from city staff, the applicant, and the general 17public. In addition, the Board(s) may impose such special conditions to the permit as they may 18deem necessary to assure compliance with this section. In the event two (2) or more 19applications are received for the same location, the earliest application, if approved, shall be 20awarded the location. Upon approval of the application by the respective Board, the permit 21shall become effective when the permit fee and business tax is paid. 22 23 G. TERM OF PERMIT. All permits issued pursuant to this section shall be effective as of 24the nearest first day of the month, regardless of the actual date of issue, and shall expire one (1) 25year from the effective date thereof, unless sooner revoked in the manner provided in this 26section. 27 28 H. PERMIT RENEWAL. All permits issued pursuant to this section may be renewed, 29unless the permittee is officially notified to the contrary by the city. A vendor applying for the 30renewal of a permit for a business that remains unchanged since the last application or renewal 31is required to pay the permit renewal fee only. Renewal must be requested thirty (30) days prior 32to expiration. 33 34 I. DESIGN AND LOCATION. Upon receipt of an application for a permit, the city 35and/or CRA staff shall review the design of the vending unit and the proposed location to 36determine if it is suitable for vending and provide a written report to the respective Board. In 37making its determination, the staff shall consider the following criteria: 38 39 1. Mobile vending units are limited to one (1) assigned location and each unit in that 40location must be compatible in materials and color with the surrounding urban environment. 41 42 2. No permit shall be issued for a location within one hundred (100) feet of a location 43for which a street vending permit has already been granted. 44 45 3. The operating area must be located entirely within a commercial or mixed-use 46zoning district. 47 November 9, 2010 60 SUPPLEMENTAL REGULATIONS 1 4. The use of the vending devices must be compatible with the public interest in the use 2of the public ways and public rights-of-way. In making such a determination, the staff shall 3consider the type and intensity of use, the width of the sidewalk, the proximity and location of 4existing street furniture, including but not limited to traffic control devices, signposts, 5lampposts, parking meters, benches, phone kiosks, mailboxes, fire hydrants, landscaping, trees, 6buffer yards, public art and refuse containers, as well as the presence of truck loading zones. 7The staff shall also consider established and emerging pedestrian and vehicular traffic patterns, 8as well as other factors it deems relevant in determining whether or not the proposed use would 9diminish required parking or result in congestion of the public ways or the creation of a safety 10hazard. 11 12 5. A minimum clear passage of a four-foot (4) sidewalk width must be maintained for 13pedestrian travel at all times. 14 15 6. A mobile vending unit shall not be placed within three hundred (300) feet of the 16property line of any public or private day care, school, park, or playground, or a single-family 17residential zoning district. 18 19 7. A mobile vending unit shall not be placed within three hundred (300) feet of the 20property line of any established ongoing legally zoned business selling similar foods or other 21merchandise. 22 23 8. A mobile vending unit shall not be placed within three hundred (300) feet of the 24property line of any church, temple, mosque, synagogue or other place of worship. 25 26 J. GENERAL RESTRICTIONS AND REGULATIONS. Any person with a valid permit 27issued pursuant to this section shall be limited to the sale of merchandise or food, or to the 28providing of personal services and vehicle cleaning, as restricted herein and shall be subject to 29the following additional restrictions and regulations: 30 31 1. All vendors must display, in a prominent and visible manner, the permit issued by 32the city under the provisions of this section. Mobile vending units capable of operating on 33public rights-of-way shall also display a current State of Florida license tag. 34 35 2. All MVUs on public property, shall not occupy an operating area of more than 36seventy-two (72) square feet of space, which shall include the mobile unit(s), the operator(s), 37and a trash receptacle. A single entity may request approval for more than one (1) MVU within 38the seventy-two-square-foot (72) operating area. Mobile vending units on private property shall 39be limited to the minimum area required to reasonably perform said services. 40 41 3. The total size of a MVU on public property shall not exceed four and one-half (4- 421/2) feet (fifty-four (54) inches) wide by eight (8) feet (ninety-six (96) inches) long, including 43any hitch or fixed trailer components. It must have a minimum of two (2) functional, fully 44inflated wheels, and have positive wheel-locking devices. Mobile vending units on private 45property shall be limited to the minimum size required to reasonably perform said services. 46 November 9, 2010 61 SUPPLEMENTAL REGULATIONS 1 4. The total height of a MVU on public property, including canopies, umbrellas, or 2transparent enclosures, shall not exceed seven (7) feet (eighty-four (84) inches). Mobile 3vending units on private property shall be limited to the minimum height required to reasonably 4perform said services. 5 6 5. The mobile vending unit, including any canopies, umbrellas, or transparent 7enclosures, must be clean, and well maintained. The vending site itself must also be clean and 8orderly at all times, and the vendor must provide a refuse container for use by his or her patrons. 9 10 6. Soliciting or conducting business with persons in motor vehicles is prohibited. 11 12 7. All merchandise must be displayed on the vending unit. No merchandise shall be 13displayed using street structures (planters, trees, trash containers, signposts, etc.) or placed upon 14the sidewalk. 15 16 8. Vendors shall not hinder or impede the use of any phone kiosk, mailbox, parking 17meter, fire alarm, fire hydrant, or traffic control device. 18 19 9. Vendors shall obey any lawful order from a police or fire department official during 20an emergency or to avoid congestion or obstruction of the sidewalk. 21 22 10. Vendors shall not make loud noises or use mechanical audio or noise-making 23devices to advertise his or her product. 24 25 11. No permitted mobile vending unit shall be left unattended. 26 27 12. Each MVU shall be removed daily. An MVU shall not remain on any public or 28private property, or any rights-of-way between the hours of midnight and 6:00 a.m. 29 30 13. Vendors selling from a mobile vending unit on a sidewalk shall not: 31 32 a. Vend at any location where the sidewalk is less than ten (10) feet wide. 33 34 b. Vend within twenty (20) feet of an entrance to any building, bus stop sign, 35driveway, stop sign, or cross walk of any intersection. 36 37 c. Obstruct the view of any directional sign, traffic control sign or device. 38 39 14. All vending units must be self-contained. Utility service connections are not 40permitted. 41 42 15. Freestanding signs, flags, banners, tents, tarpaulins or awnings shall not be allowed 43within the road rights-of-way. All signs, flags, banners, tents, tarpaulins or awnings must be 44attached to, or resting against the vending vehicle/equipment. No tables, chairs or umbrellas are 45to be set up for use by customers. In addition, any permitted operation, pursuant to this article, 46shall not display or otherwise erect freestanding signs, flags, banners or tents on public or 47private property within five hundred (500) feet of the permitted operation. November 9, 2010 62 SUPPLEMENTAL REGULATIONS 1 2 16. Vendors of food or beverages shall comply with all applicable state and local health 3laws regulating the preparation, handling, and presentation of food. Food and beverage vendors 4shall also comply with the following: 5 6 a. Food handlers shall be certified by the Division of Hotels and Restaurants of the 7Florida Department of Business and Professional Regulation and shall conform to good 8hygienic practices. 9 10 b. The outer clothing of all food handlers in a mobile food-vending unit shall be 11clean, fully opaque and cover the entire torso from shoulders to the knee. 12 13 c. Food handlers shall use effective hair restraints to prevent the contamination of 14food. 15 16 d. Food handlers shall not use tobacco in any form while engaged in the preparation 17and vending of food. 18 19 e. Only single-service utensils shall be dispensed to the customer. 20 21 f. All single-service items shall be stored in closed containers or cartons, off the 22floor of the vehicle, except that approved dispensers may be used for utensils and cups for 23immediate use in the vending operation. 24 25 g. All food vended shall be from an approved source. 26 27 h. Food that is adulterated, mislabeled, spoiled or unclean shall not be used, sold, or 28provided. 29 30 i. All perishable and potentially hazardous food shall be kept at safe temperatures. 31Frozen food shall be kept in the safe temperature frozen state until thawed for preparation or 32dispensed to the customer. 33 34 j. Food shall be stored in a manner as to prohibit cross-contamination. 35 36 k. Mobile food vending units shall be operated from a commissary and shall report 37at least daily to such location for all supplies and for all cleaning and servicing operations; 38however, mobile food vending units dispensing fresh fish and shrimp, prepackaged novelty ice 39cream, fruit and vegetables and individual portion size nonperishable foods such as pickles, 40candy, peanuts and including snow cones are exempt from this provision. 41 42 l. Food, whether packaged or unpackaged, shall not be stored on the floor of any 43vehicle used in the food vending operation. 44 45 m. Effective measures intended to eliminate the presence of flies, roaches, and other 46insects shall be utilized. All chemicals used for this purpose shall meet EPA guidelines and 47shall be used in such a manner as to prevent contamination of food or food contact surfaces. November 9, 2010 63 SUPPLEMENTAL REGULATIONS 1 2 n. A MVU used for food vending shall be constructed of corrosion-resistant, durable 3materials. 4 5 o. The floors and sides of any MVU used for food vending shall be constructed of 6materials which are easily cleanable. 7 8 p. Non-food-contact surfaces of equipment shall be cleaned as often as is necessary 9to keep the equipment free of accumulations of dust, dirt, food particles, splash, and other 10debris. 11 12 q. Equipment used for food vending shall be installed and maintained in such a 13manner that the equipment and the MVU used in the food vending operation can be easily 14cleaned. 15 16 r. A sink, lavatory, soap and paper towels on the vendor's vehicle shall be required 17for dispensing shrimp, fish, shellfish, and other crustacea. 18 19 s. Cleaning of all vehicles shall be accomplished in a servicing area at the 20commissary and the MVU shall be cleaned as often as necessary but not less than once every 21twenty-four (24) hours; however, vendors of prepackaged novelty ice cream, fruit and 22vegetables, snow cones and prepackaged nonperishable food shall be exempt from this 23provision. 24 25 t. Vendor wastes of any kind shall not be deposited or permitted to be deposited 26upon the ground, sidewalk, streets, city waste receptacles or private dumpsters. 27 28 u. Solid waste shall be stored in an easily cleanable, covered container and disposed 29of during servicing operations at the commissary. 30 31 v. Liquid waste resulting from any mobile vending operation shall be stored in 32permanently installed retention tanks of at least fifteen (15) percent larger capacity than the 33water supply tank, but of no less than thirty-gallon (30) capacity, and shall be drained and 34thoroughly flushed during servicing operations. All liquid waste shall be discharged to an 35approved sanitary sewage disposal system at the commissary. 36 37 w. Ice shall be from an approved source. 38 39 x. Stored ice intended for human consumption shall not be used as a medium for 40cooling stored food or food containers. 41 42 y. Food products shall not be submerged under water, or in a water and ice mixture. 43 44 z. All food that requires packaging or preparation by the vendor shall be processed 45in the commissary that is required as a support facility for a mobile food vending unit; however, 46snow cones are exempt from this requirement. 47 November 9, 2010 64 SUPPLEMENTAL REGULATIONS 1 aa. Mobile vending units dispensing snow cones shall be designed so as to enable 2the operator of the unit to protect the equipment, syrup, ice and utensils used in the operation of 3the unit from dust, insects and rodents while the unit is in transit or overnight storage. 4 5 bb. Snow cone vendors shall have hand-washing facilities, detergent, water and 6paper towels in or upon the mobile vending unit. 7 8 cc. Mobile vending units shall provide waste containers for customers at such times 9when the unit is parked. 10 11 dd. Deep fat, oil or grease cooking processes employing more than one (1) quart of 12heated liquid shall be protected by an automatic fire extinguishing system. 13 14 ee. Cooking processes involving heated fat, oil, grease, or liquids other than water 15shall be shielded from the public on three (3) sides of the mobile vending unit or cooking 16equipment to a height of eighteen (18) inches above the cooking surface level and four (4) feet 17above the level upon which the cart assembly rests. 18 19 ff. Vessels containing heated liquids or oils shall be thermostatically controlled so 20heat sources will automatically shut off when liquid reaches a temperature of four hundred 21seventy-five (475) degrees Fahrenheit. 22 23 gg. Storage of extra fuel is prohibited in the vending area except as may permitted 24by the Fire Department. 25 26 hh. Processes requiring flammable gases, liquid, or solid fuels shall not be 27permitted, unless approved by the Fire Department. LPG containers shall be limited to no more 28than a five (5) gallon capacity and no more than one (1) such container per cart or vending 29display. 30 31 ii. Vendors using open-flame cooking where steaks, ribs, hamburgers, sausages, hot 32dogs, or other products containing fat or grease are cooked, shall not be stationed beneath an 33awning or canopy of a building. 34 35 K. PERMIT REVOCATION OR DENIAL. 36 37 The Planning and Development Board and/or the Board of the Community Redevelopment 38Agency, respectively shall have the power and authority to revoke or deny either the issuance or 39renewal of any permit applied for or issued under the provisions of this section. In such cases 40the applicant or permittee shall be notified in writing by certified mail of the denial of a permit 41application, or the suspension or revocation of an existing permit and the grounds thereof. 42Notwithstanding the foregoing, any permit issued under this section may be suspended or 43revoked by city staff based on one (1) or more of the following grounds: 44 45 1. Cancellation of the vendor's permit issued by the Division of Hotels and Restaurants 46of the Florida Department of Business and Professional Regulation. 47 November 9, 2010 65 SUPPLEMENTAL REGULATIONS 1 2. Expiration, suspension, revocation or cancellation of any other occupational license 2or permit required by the vendor. 3 4 3. The permit was procured by fraud or false representation of fact. 5 6 4. The abutting property owner or tenant withdraws consent, in writing, for the mobile 7vending unit. 8 9 5. Violations of this section or any other ordinance, the city's municipal code, or when 10conditions exist that present a threat to the public health, safety, or welfare. 11 12 Applicants who have been denied a permit and vendors who have had their permit revoked 13for any reason, may formally appeal, in writing, within ten (10) days of said denial or 14revocation, to the City Clerk for a hearing before the City Commission. Consideration of any 15appeal is at the discretion of the City Commission whose decision is final. 16 17(Ord. No. 07-024, § 2, 9-18-07) 18 Section 11. Nonconforming Regulations. 19 20 A. Lots and Parcels. 21C. NONCONFORMING LOTS. 22 1. R-1 district, R-1A district, R-2 district, and R-3 district 23. A detached 24single-family dwelling may be constructed on any parcel located in an R-1, R- 251A, R-2, or R-3 district, provided that it meets all of the following requirements: 26 a. 27 The parcel contains at least one (1) whole platted lot, platted 28prior to August 7, 2001 to the effective date of the adoption or 29amendment of these zoning regulations; 30 b 31. The parcel, or assemblage of platted parcels which individually 32meet the requirements of paragraph a. of this section, has a frontage of 33not less than fifty (50) feet, and a lot area of not less than five thousand 34(5,000) square feet (irregular, other than rectangle-shaped lots with less 35than five thousand (5,000) square feet of area may be developed if in 36conformance with all other lot regulations); 37 c. 38 All such parcels, when developed, shall comply with all 39provisions of the Land Development Regulations and applicable 40building code regulations, including without limitation sections of the 41building code regulations regarding the impact of construction and 42drainage on or to adjacent properties. 43 2.R-2 district 44. Within R-2 districts, in subdivisions platted prior to the 45effective date of this ordinance, where the platted lots have a frontage of at least 46forty (40) feet but less than fifty (50) feet, the following rules shall apply: 47 November 9, 2010 66 SUPPLEMENTAL REGULATIONS a. 1 A detached single-family dwelling may be constructed on any 2such parcel, provided that the parcel contains at least one (1) whole 3platted lot. it meets all of the following requirements: 4 5(1) The parcel contains at least one (1) whole platted lot. 6 7(2) Property cannot be acquired from adjacent parcels so as to 8make the subject parcel conforming, without causing the 9adjacent parcels or structures thereon to become nonconforming 10or more nonconforming. 11 b. 12 A duplex dwelling may be constructed on any parcel, provided 13that it meets the following requirements: 14 15(1) The parcel contains at least two (2) whole platted lots; 16 17(2) Property cannot be acquired from adjacent parcels so as to 18make the subject parcel conforming, without causing the 19adjacent parcels to become nonconforming or more 20nonconforming. 21 c. 22 For any parcel, lot, or combination of lots, where the total frontage 23is equal or greater than one hundred twenty (120) feet, and the total area 24is greater than twelve thousand (12,000) square feet, said property shall 25not be developed except in accordance with the minimum frontage and 26lot area required in the R-2 zoning district. 27 d. 28 Ownership of parcels shall be determined by the property tax rolls 29on file in the Palm Beach County Property Appraiser's Office as of the 30effective date of this ordinance. 31 3.R-1AA district. 32 A detached single-family dwelling may be 33constructed on any parcel located in an R-1AA district, without requiring a 34variance, provided that it meets the following requirements: 35 a. 36The parcel contains at least one (1) whole platted lot. 37 b. 38 The parcel has a frontage of not less than sixty (60) feet, and a lot 39area of not less than six thousand seven hundred fifty (6,750) square feet 40in area. 41 c. 42 It would not be possible to acquire property from adjacent 43parcels so as to make the subject parcel conforming, without causing the 44adjacent parcels or structures thereon to become nonconforming or more 45nonconforming. 46 November 9, 2010 67 SUPPLEMENTAL REGULATIONS 1For any parcel or lot, or combination of lots under the same ownership, 2where the total frontage and the total area is equal to or greater than that 3which is required by the R-1AA district building and site regulations, 4said property shall not be developed except in accordance with the 5minimum frontage and lot area required in the particular zoning district. 6 7Not more than one (1) parcel or lot, or combination of lots under the 8same ownership, that is nonconforming but which meets the 9requirements under b. above may be developed for a single-family 10house. 11 12Ownership of parcels shall be determined by the property tax rolls on 13file in the Palm Beach County Property Appraiser's Office as of the 14effective date of this ordinance. 15 4. R-1AAB district. 16 In the R-1AAB district, any parcel which includes, 17at a minimum, one (1) whole platted lot may be developed without requiring a 18variance, if it would not be possible to acquire property from adjacent parcels so 19as to make the subject parcel conforming, without causing the adjacent parcels 20or structures thereon to become nonconforming or more nonconforming. 21 22Not more than one (1) lot parcel or lot, or combination of lots under the same 23ownership, that is nonconforming but which meets the requirements of this 24paragraph may be developed for a single-family house. 25 265.In the R-1AAA zoning district, all nonconforming lots shall require 27variance in order to be developed. 28 5.Densities 296.. The densities created by the rules set forth above 30shall be construed to be in conformance with the densities shown on the future 31land use map contained in the city's comprehensive plan. 32 6.Minimum Development Regulations 33 7.. Nonconforming lots 34which may be developed without requiring a variance, and which lie in 35residential districts, shall meet the minimum property development regulations 36that are generally applicable in the district; except, however, that the minimum 37setbacks shall be as follows: 38 39Minimum yard setback requirements: 40 41Front yard 25% of depth 42Side yard (corner) 20% of depth 43Side yard (interior) 15% of width 44Rear yard 25% of depth 45 November 9, 2010 68 SUPPLEMENTAL REGULATIONS 1provided, however, that the setbacks specified above shall, in no instance, be 2construed to be greater than the setbacks that are generally applicable in the 3district in which the lot is located. 4 5The minimum living area on such lots shall be permitted to be reduced below 6the minimum living area required by the district building and site regulations, to 7the extent that this reduction is necessary in order to maintain the 8abovementioned setbacks. Furthermore, the maximum lot coverage on such lots 9shall be permitted to be increased above the maximum lot area allowed by the 10district building and site regulations, to the extent that this increase is necessary 11to obtain the minimum living area required by the district building and site 12regulations. 13 7. Nonresidential Districts. 148. 15 16In nonresidential districts, additional floor area and / or expansions to 17nonconforming buildings and structures are allowed, provided that the 18development meets all district setbacks. Nonconforming lots in nonresidential 19districts.a. In nonresidential zoning districts, if the value of buildings on the 20lot or parcel as shown on the latest Palm Beach County tax rolls is not less than 21sixty thousand dollars ($60,000.00), and both the lot area and lot frontage are 22not less than eighty-five (85%) percent of that required for the particular district, 23then structures and floor area may be added and the use may be changed from a 24residential to a nonresidential use on a nonconforming lot, without requiring a 25variance for the lot area or lot frontage. If the value of improvements on the lot 26or parcel is less than sixty thousand dollars ($60,000.00), or if If either the lot 27area or lot frontage is less than eighty-five (85%) percent of that required for the 28particular district, then a variance shall be required in order to add structures or 29add floor area to existing buildings or change the use from a residential to a 30nonresidential use. Improvements which do not add structures or floor area or 31change the use of the property shall be permitted, regardless of the value of 32structures on the property, or the lot size or frontage. For nonconforming lots 33which are vacant or are proposed to be cleared and redeveloped, a variance shall 34be required prior to the construction of any structures or establishment of any 35use on the lot or parcel. 36 37b. The value of buildings shall be determined from the latest tax rolls on file 38at the Palm Beach County Property Appraiser's Office. 39 B. Buildings and Structures. 40 A nonconforming building or structure is a 41building or structure constructed according to the law existing at the time of permit but 42which does not presently conform to the property development regulations of this article 43for minimum site area or dimensions, minimum setback requirements, maximum 44building or structure height, maximum lot coverage, minimum floor area, parking or 45loading, or for other characteristics of buildings or structures regulated in this code, or 46for its location on the lot. A nonconforming building or structure may continue to exist November 9, 2010 69 SUPPLEMENTAL REGULATIONS 1in a nonconforming state so long as it otherwise conforms to law, subject to the 2following provisions: 3 1. Building or Structure Enlargement, Expansion, or Extension. 4 5Nonconforming buildings and structures may be enlarged, expanded or 6extended subject to all property development regulations, including minimum 7site area and dimensions of the district in which the building or structure is 8located. No such building or structure, however, shall be enlarged or altered in 9any way so as to increase its nonconformity. Such building or structure or 10portion thereof, may be altered to decrease its nonconformity, except as 11hereafter provided. 12 2.Building or StructureDeterioration or Destruction. 13 14 a. Greater than 50%. 15 Should the structure or building be 16deteriorated or destroyed by any means to an extent of more than 50% of 17the assessed value of the structure or building as determined by the 18Building Official, it shall not be reconstructed except in conformity with 19the regulations and standards of the Land Development Regulations. 20 b. Less than 50%. 21 Should the structure or building be 22deteriorated or destroyed by any means to an extent of less than 50% but 23more than 33% percent of its assessed value as determined by the 24building official, it may be restored only upon issuance of a variance by 25the City Commission in accordance with the provisions of Chapter 2, 26Article II, Section 4.D herein for the particular building or structure 27nonconformity or nonconformities. A variance by the City Commission 28shall not supersede a condemnation order of the Building Official or of 29the Building Board of Adjustments, and such variance shall not obviate 30the necessity of obtaining other needed waivers or variances from the 31city. 32 3.Building or Structure Relocation. 33 Should such building or structure 34be moved to a new site or to a new location on the same lot or site, it shall 35conform to the current property development regulations relevant at the time of 36the relocation. 37 38E. NONCONFORMING STRUCTURES. The lawful existence of a structure or 39building at the effective date of the adoption or amendment to these regulations, 40although such structure or building does not conform to the building and site regulations 41of these regulations for minimum lot area and dimensions, minimum yard setback 42requirements, maximum building height, total floor area requirements, or other 43characteristics of the structure, or its location on the lot, may be continued so long as it 44remains otherwise lawful. A nonconforming structure or building (as opposed to a 45structure or building used for a nonconforming use) may be maintained and repaired, 46but it shall not be added to or altered in a fashion so as to increase the extent to which 47the structure or building is in violation of applicable regulations. A nonconforming November 9, 2010 70 SUPPLEMENTAL REGULATIONS 1structure or building may be added or altered if such alteration or addition does not in 2itself constitute a further violation of existing regulations. 3 4F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an 5extent that the cost of rebuilding, repair and reconstruction will exceed seventy (70) 6percent of its current assessed valuation as determined by the Palm Beach County 7Property Appraiser, or for any reason is moved any distance, it shall not again be used 8or reconstructed except in conformity with the provisions of these Land Development 9Regulations. 10 117. Nonconforming structures. 12 13 a. Purpose. It is the purpose and intent of this section to allow the limited 14expansion of a nonconforming structure which is used for a conforming use and which 15is located within the central business district (CBD). 16 17 b. Procedure. (1) No nonconforming structure located in the 18central business district may be changed, enlarged, expanded, or restored without the 19property owner first submitting an application for approval of the proposed change to 20the city and receiving approval as hereinafter provided. 21 22 (2) Applications shall be submitted to the planning and zoning 23department on forms prescribed by the planning and zoning department. 24 25 (3) Applications shall be processed according to the procedures for a site 26plan review in the central business district and shall be reviewed by the community 27redevelopment advisory board and approved by the community redevelopment agency. 28 29 c. Review criteria. Prior to granting an approval for the expansion of a 30nonconforming structure, the following findings shall be made: 31 32 (1) That granting the application will not adversely affect the public 33interest. 34 35 (2) Expansion will not be detrimental to the health, safety, and general 36welfare of persons working or residing within the central business district. 37 38 (3) Approval will to the maximum extent possible bring the building and 39the site upon which it is located into compliance with city regulations and will improve 40the physical appearance of the structure. 41 42 (4) That the expansion will be in harmony with the general intent and 43purpose of the central business district. 44 45 d. Conditions. 46 November 9, 2010 71 SUPPLEMENTAL REGULATIONS 1 (1) The community redevelopment advisory board shall 2recommend and the City Commission sitting as the community redevelopment 3agency may prescribe appropriate conditions and safeguards necessary and 4reasonable to ensure that the expansion of a nonconforming structure will be in 5harmony with the general intent and purpose of the central business district. 6 7 (2) In no event shall an application be granted which would 8permit the interior gross floor area of a nonconforming structure to be enlarged 9by more than twenty-five (25) percent in size. 10 11 e. Development standards. 12 13 (1) In the event an application for expansion of a nonconforming 14structure is granted, additional parking spaces shall only be required for the 15expanded area of the nonconforming structure. Chapter 23, Parking Lots, shall 16not apply to expansions of nonconforming structures approved pursuant to this 17section. 18 19 (2) All sites will be brought into compliance with the zoning and 20development regulations of the city to the maximum extent possible. The 21community redevelopment agency may grant relief from provisions of 22requirements of the zoning and development regulations of the city provided 23that they make specific findings of fact that the waiver will not be detrimental to 24the health, safety, and general welfare of persons working or residing within the 25central business district and that the waiver will result in additional business 26activity that is harmonious with the general intent and purpose of the central 27business district. 28 29 f. Compliance with other codes. Nothing in this section shall 30diminish the responsibility of an owner to maintain his use or structure in full 31compliance with all other city, county, state, or federal regulations, or licensing 32procedures. 33 C.Newsracks 34. See Part II Code of Ordinances, Chapter 15, Article VI for 35additional regulations regarding nonconforming newsracks. 36 D. Signs. 37See Chapter 4, Article IV, Section 7 for additional regulations 38regarding nonconforming signs. 39 E. Satellite Earth Stations and Antennas. 40See Section 12.E below for 41additional nonconforming regulations regarding satellite dishes and antennas. 42 F. Uses. 43 See Chapter 3, Article IV, Section 5 for additional regulations regarding 44nonconforming use regulations. 45 G. Certificate of Conformity. 46 47 November 9, 2010 72 SUPPLEMENTAL REGULATIONS 1. Applicability. 1 The provisions of this section shall apply to any real 2property which has been or will be rendered nonconforming because of the 3institution of eminent domain proceedings by a governmental agency. Any 4nonconforming lot so created shall be deemed a conforming lot upon the 5issuance of a certificate of conformity as provided in this section. 6 2. Process. 7 The process by which to obtain a certificate of conformity 8shall be in accordance with Chapter 2, Article II, Section 6.A. 9 3. Regulations. 10 The Director of Planning and Zoning or designee shall 11issue a certificate of conformity if the following regulations are met: 12 a. 13 Severance or business damages relative to the remainder lot 14would be reduced by the issuance of the certificate of conformity. 15 b. 16 A site plan for the remainder lot has been prepared which 17minimizes the nonconformities caused by the eminent domain 18proceedings, and is otherwise consistent with all requirements of the 19zoning code. 20 c. 21 The remainder lot can reasonably and safely function if 22redeveloped in accordance with the site plan described above. 23 4. Landscape. 24 All lots subject to eminent domain proceedings must 25provide perimeter landscaping abutting rights-of-way to screen off-street 26parking, vehicular use, exterior service and storage areas to the extent physically 27possible and deemed feasible by staff. Landscaping shall be provided in areas of 28nonpedestrian or nonvehicular use. 29 5. Enforcement. 30 Noncompliance with the provisions set forth 31pursuant to the issuance of the certificate of conformity shall constitute a 32violation and is subject to those procedures set forth in Part II, Chapter 2, Article 335 of the City Code of Ordinances. 34 Section 12. Satellite Earth Stations and Antennas. 35 36 A. Types. 37 M. SATELLITE DISH ANTENNAE. For the purpose of clarifying 38regulations, satellite dish antennae are hereby classified into two groups. Group A 39antennae are those that will fit within a one (1) meter cube. Group B antennae are those 40that will not fit within a one (1) meter cube. All antennae in both groups are allowed in 41all zoning districts, subject to the following criteria: 42 B.Permits Required. 43 (1) No satellite dish antenna shall be installed or 44modified without first obtaining a permit from the City development department. 45 46(8) Satellite dish antennae shall conform with provisions of Chapter 4, Article IX 47Chapter 20, Buildings, Housing and Construction Regulations, of the Boynton Beach November 9, 2010 73 SUPPLEMENTAL REGULATIONS 1Land Development Regulations, the Standard of the Florida Building Code and the 2amendments thereto as adopted by the city provided such provisions do not conflict with 3any standards set forth in this section, in which case this section shall control. 4 5 (2) All applications for the installation of Group B satellite dish antennae shall be 6accompanied by proper certification that the installation will meet windload 7requirements of the Florida Building Code withstand a Category 2 hurricane and is 8adequately grounded for protection from a direct lightning strike. 9 C. Fees. 10 6. An application fee shall be payable to the city as adopted 11by resolution of the City Commission. 12 D. Prohibitions. 13 14 1. 15 (7) No exterior satellite dish antenna may be used for display or 16advertising purposes, and none shall have writing thereon which is visible from 17a public right-of-way or residential district. 18 2. 19 (6) Portable Group B satellite dish antennae are not allowed. 20 E. Nonconforming. 21 (3) Satellite dish antennae properly permitted prior to 22April 4, 1995 may remain in place notwithstanding provisions stipulated herein but they 23may not be replaced, reconstructed, or modified without bringing the entire installation 24into full compliance with this section. 25 F. Citizens’ Band (CB) and Television (TV) Antennae. 26 4. In residential 27zones, freestanding television and citizens' band broadcasting antennae may not exceed 28twenty-five (25) feet in height, and no freestanding antenna may be constructed within 29the building setback lines. Roof-mounted or wall-supported antennae may exceed the 30maximum district height regulation by ten (10) feet; but in no instance, may an antennae 31exceed the roof line height by more than fifteen (15) feet. 32 33a.With respect to private community antenna systems as defined in this code, the 34aforesaid twenty-five (25) feet height regulation shall not apply. In the instance of 35private community antenna systems, the receiving antenna may not exceed forty-five 36(45) feet in height unless an exception is granted by the City Commission, and no part 37of any receiving antenna may encroach in any setback. 38 395.In residential zones, freestanding transmitting antennae are subject to the 40following limitations: 41 42a.No freestanding base tower and antenna shall exceed forty-five (45) feet in 43height. 44 45b.No freestanding base tower with or without an antenna shall be constructed 46within the building setback lines. 47 November 9, 2010 74 SUPPLEMENTAL REGULATIONS 1c.No freestanding base tower shall be constructed without having first secured a 2permit from the city development director. 3 4d.Roof-mounted transmitting antennae shall not exceed the roof line height by 5more than twenty (20) feet. 6 G. Satellite Earth Stations. 7 (1) Satellite dish antennae installed to serve 8single-family or duplex homes must also comply with the following requirements: 9 1.Height. 10(a)Only one (1) non-commercial satellite dish 11antenna will be permitted for each residential dwelling unit. 12 13(c) No part of any satellite dish antenna installation may extend beyond the 14peak of the roof of height of the horizontal eave line of the uppermost floor of 15any single-family or duplex home. 16 2.Group B. 17(b) Group B satellite dish antennae shall be 18freestanding, ground mounted, and self supporting without structural 19connections to any other structure or building. 20 a. Screening. 21(4) All Group B satellite dish antennae shall 22be screened on three (3) sides with landscape materials or walls with 23landscaping which are of a height equivalent to the total height of the 24mounted satellite dish. 25 b. Lot Size. 26 (5) For all Group B antennas lot size must 27comply with zoning regulations. 28 c.Multi-family Dwelling Units and Nonresidential Districts. 29 30Satellite dish antennae located within multi-family and 31nonresidential districts shall comply with the following regulations: 32 (2)Satellite dish antennae installed to serve any use other 33than single-family or duplex homes must also comply with the following 34requirements: 35 36(1) Shall require site plan review in accordance with Chapter 372, Article II, Section 2.F; (a)Chapter 4 of the Land 38Development Regulations. 39 40(2) In multi-family districts, only one (1) Group B satellite 41dish antenna is allowed. The antenna must be screened and shall 42not be located on the roof. Its height shall not exceed the 43maximum allowable height of the district in which it is located. 44 . (b)Only one (1) Group B satellite dish antenna may 45be located in a multifamily complex and it shallmay not be 46located on a roof. Nothing in this provision shall be construed to 47alter or impair any rights, authority, or restrictions imposed by November 9, 2010 75 SUPPLEMENTAL REGULATIONS 1deed or under the rightful authority of any homeowners' 2association. 3 4(3) (c) A Group B satellite dish antenna installed in 5commercial and industrial zoning districts may not be located on 6a roof so that the dish is visible from a public right-of-way or 7residential district, except as stipulated in 1.a.(4) hereinbefore. 8 9(4) (d) Group B Satellite dish antennae which are 10mounted on a tower and used for communication in connection 11with the operation of a business shall provide reasonable 12screening and shall be subject to conditional use approval. 13 147. Notwithstanding any other provision of the Land Development 15Regulations, including the provisions of this section, telecommunication towers 16shall only be permitted as a conditional use in the PU Public Usage District and 17REC Recreation District. 18 19 Section 13. Wireless Communication Facilities (WCF). 20 21 22WCF means any manned or unmanned location for the transmission and/or reception of radio 23frequency signals, or other wireless communications, or wireless data transmission/reception, 24and usually consisting of an antenna or group of antennas, transmission cables, and equipment 25cabinets, and may include an antenna support structure. WCF include developments containing 26new, mitigated, pre-existing antenna support structures, or co-location on existing antenna 27support structures, and include attached WCF, concealed WCF, and non-concealed WCF. 28 A. General Provisions. 29 30 1. Purpose and Intent. 31The purpose of this ordinance is to establish 32minimum development standards for the regulation of commercial WCF and 33their related accessory equipment and buildings. The intent of this ordinance is 34the following: 35 a. 36 Promote the health, safety, and general welfare of the public by 37regulating the siting of WCF; 38 b. 39 Control placement of WCF in a way that minimizes the visual 40impact to nearby properties by locating them in areas where the impact 41on the community is minimal; 42 c. 43 Implement the provisions of the Telecommunications Act of 441996 at a local level; and 45 November 9, 2010 76 SUPPLEMENTAL REGULATIONS d. 1 Maximize the opportunity for the shared use of new and existing 2WCF through co-location, in order to reduce the number of new WCF 3needed to serve the community. 4 2. Administration. 5The Director of Planning and Zoning or designee 6shall be responsible for the overall coordination and administration of this 7section. 8 3.Applicability. 9Except as otherwise specifically provided herein, 10the installation, construction, or modification of proposed and existing WCF 11shall be subject to the regulations of this section. 12 4. Exemptions. 13The following are exempt from the provisions of this 14section: 15 a.Noncommercial Antennas and Satellite Earth Stations. 16 17Noncommercial amateur radio antennas and satellite earth stations 18subject to the provisions of Section 12 of this article. 19 b.City-owned WCF on Public Property or Right-of-Way 20. If 21this section would prohibit City-owned WCF from being located at a 22specific site, and WCF are required to protect the public welfare or 23safety, the applicable criteria of this section may be exempted by the 24City Commission, except as otherwise required by Florida Statutes. In 25such cases the Commission shall make a finding of fact indicating the 26justification for the exemption. 27 c. Temporary Facility. 28 29 30(1) State of Emergency. Temporary, commercial WCF, 31upon the declaration of a state of emergency by federal, state, or 32local government, or determination of public necessity by the 33City Manager, except that such facilities must comply with all 34applicable federal and state requirements. Said WCF may be 35exempt from these provisions up to 60 days after the duration of 36the state of emergency. 37 38(2) Special Event. Temporary, commercial WCF, utilized in 39conjunction with coverage of a special event, except that such 40facilities must comply with all applicable federal and state 41requirements. Said WCF may be exempt from these provisions 42up to one (1) week after the duration of the special event. 43 d.Radio and TV Broadcasting 44. Antenna support structures, 45antenna, and/or antenna arrays for AM/FM/TV/HDTV broadcasting 46transmission facilities that are licensed by the FCC shall be regulated in November 9, 2010 77 SUPPLEMENTAL REGULATIONS 1accordance with the Use Matrix of Chapter 3, Article IV, Section 3.D. as 2an industrial service use. 3 5.Terms and Definitions. 4 See Chapter 1, Article II for all applicable 5terms and definitions which pertain to the regulations and standards contained 6herein. 7 B. General Standards. 8Where allowed as provided in Table 3-29 (Zoning 9Districts and Affiliated Process) herein, the following development regulations shall 10apply to all new, mitigated, co-located, or combined wireless facility installations. 11 1.Pre-Existing WCF 12. Any WCF which legally existed prior to the 13effective date of this ordinance are considered permitted nonconforming uses 14and structures, and shall be deemed pre-existing WCF. Additions to or 15enlargement of any pre-existing nonconforming WCF shall be required to 16comply with this section and shall be governed as follows: 17 a.Routine Maintenance 18. To encourage the use of existing 19facilities, such nonconforming status shall not prevent the routine 20maintenance on nonconforming WCF, or prohibit the placement, 21modification or relocation of any antenna on any such WCF. 22 b.Modifications. 23 Despite any provision of this section to the 24contrary, the City may allow nonconforming WCF to be repaired, 25reconstructed, replaced, or increased in height upon a demonstration by 26the applicant that the new or modified WCF complies with the current 27regulations to the maximum extent practicable, while achieving an 28overall public benefit in terms of the provision of services. 29 2. Additional Uses on Lot. 30 WCF may be located on a leased parcel of 31a conforming lot containing a lawful principal use. Separation between WCF 32and other uses on the lot may be required to ensure compatibility. 33 3.District Height Limitations. 34The requirements set forth herein shall 35govern the location of WCF that exceed, and antennas that are installed, at a 36height in excess of the building height limitations specified for each zoning 37district. The height limitations applicable to buildings and structures shall not 38apply to WCF regulated by this section, and WCF shall not require an exception 39to the building height limitations. 40 4. Equipment Cabinets. 41 Cabinets and equipment shelters may be provided 42within the principal building, behind an approved screen on a rooftop, or on the 43ground within the fenced-in and screened equipment compound, or mounted on 44the pole of an attached WCF within a right-of-way, depending on the type of 45WCF. Cabinets and equipment shelters shall not be visible from pedestrian 46views and shall be fenced and screened as required below. 47 November 9, 2010 78 SUPPLEMENTAL REGULATIONS a.Storage 1. Equipment shelters shall not be used for the storage of 2any excess equipment or hazardous waste (e.g., discarded batteries). 3Mobile or immobile equipment not used in direct support of WCF shall 4not be stored or parked on the site of WCF, unless on a temporary basis 5while repairs are being made to WCF. No outdoor storage yards shall be 6allowed in WCF equipment compounds. 7 b.Unmanned 8. Equipment shelters shall be unmanned and not used 9as habitable space. 10 5. Equipment Compound Enclosure. 11All equipment compounds on the 12ground, with the exception of concealed attached stealth WCF integrated into 13the architecture of a building, shall, at a minimum, be enclosed with a fence 14eight (8) feet in height. To effectively screen the equipment compound in 15residential districts and in any district where the equipment compound is visible 16from a public right-of-way, the enclosure shall consist of a masonry wall eight 17(8) feet in height, constructed in accordance with the community design 18standards (see Article III, Section 3.E.). For public safety, access to WCF shall 19be through a locked gate. 20 6. Landscaping. 21 Landscaping around the perimeter of ground equipment 22shall consist of a landscaped strip wide enough to accommodate trees, shrubs, 23and a fence or wall enclosure installed around the outside of the entire 24equipment compound. The general landscape standards shall be consistent with 25those of Chapter 4, Article II, Landscape Design and Buffering, Section 4.A 26(City-Wide Standards), except that the shrubs are required to be a minimum of 27three (3) feet in height at the time of installation. Water-wise trees with a 28minimum of four (4) caliper inches shall be spaced every twenty (20) feet on 29center within the landscape strip. Additional landscaping may be required 30around the perimeter of a wall or use of a screening fabric around the perimeter 31of a fence to maximize compatibility with adjacent properties. An alternative 32design may be allowed with respect to proposed buffering components, tree 33spacing, and plant material; provided that such alternate landscape plan is 34approved in accordance with Chapter 4, Article II, Section 5 (Alternate 35Compliance). Irrigation, maintenance, and replacement of required landscaping 36shall be the responsibility of the owner of the WCF. On City-owned properties, 37required WCF landscaping shall be maintained by the City or its designated 38landscape contractor, and the owner of the WCF shall be required to pay an 39annual landscape maintenance fee to the City. 40 7.Parking 41. A minimum parking space requirement for WCF is not 42required, however access to WCF must be provided, and temporary off-street 43parking as part of a principal use on site may be utilized. 44 8.Signage 45. Except as otherwise permitted in this ordinance, no signage, 46lettering, symbols, images, or trademarks in excess of 200 square inches shall be 47placed on or affixed to any part of a WCF, antenna, equipment building, or November 9, 2010 79 SUPPLEMENTAL REGULATIONS 1security fencing other than as required by FCC regulations or other applicable 2law. Warning signs of “NO TRESPASSING” and “HIGH VOLTAGE – 3DANGER” shall be installed at least five (5) feet above the finished grade of the 4fence or wall and shall not be obstructed by landscaping. 5 9.Lighting. 6 Except as otherwise permitted in this ordinance, no signals, 7lights or illumination of any kind shall be permitted on or directed toward any 8WCF unless required by the FCC, the FAA, or other appropriate public 9authority. Any security lighting for on-ground facilities and equipment shall be 10in compliance with Chapter 4, Article VII (Exterior Lighting Standards) of the 11LDR. 12 10.Generators. 13 Generators may not be used as a primary electrical power 14source for a WCF. Generators may be used for temporary power prior to receipt 15of a CO and not to exceed 30 days. Backup generators shall only be operated 16during power outages and for testing and maintenance purposes. Any and all 17generators used for WCF shall control the noise level by use of a silencer or 18other device that will reduce the noise level to no more than 70 decibels. All 19generators or alternators used on site shall use propane fuel. Subject to the 20approval by the Director of Utilities and the Director of Development, the use of 21diesel powered emergency generators may be permitted where more than three 22(3) providers have co-located on a WCF. 23 11.Structural Standards. 24 WCF and their equipment compounds shall be 25constructed and maintained in conformance with the Florida Building Code, 26specifically Chapters 15, 16, and Section 3108 for construction and design 27loads. WCF shall be designed to resist wind loads in accordance with TIA/EIA- 28222, the federal standards for Steel Antenna Towers and Antenna Supporting 29Structures. In addition, all accessory equipment buildings, cabinets, or 30structures, or modifications to WCF shall require building permits and 31inspections. Design documents for towers, antennas and other structures 32required to meet wind loads shall bear the raised seal and signature of an 33engineer licensed and registered in the State of Florida. 34 35All work such as clearing and grading, driveway construction, and installation of 36WCF and enclosure shall be permitted in accordance with the applicable 37sections of the LDR. 38 12. Hazardous Location. 39 WCF are prohibited when a proposed or existing 40principal use or uses within 200 feet of a proposed WCF includes the storage, 41distribution, or sale of volatile, flammable, explosive or hazardous wastes, 42including but not limited to, LP gas, propane, gasoline, natural gas, and 43corrosive or dangerous chemicals, unless the City Fire Marshal determines that 44the proximity of the WCF does not pose any danger or risk of explosion or fire 45or unless used for backup power purposes. 46 November 9, 2010 80 SUPPLEMENTAL REGULATIONS C. Attached WCF. 1 Attached WCF are an antenna or antenna array that are 2secured to an existing building or structure with any accompanying pole or device 3which attaches it to the building or structure, together with transmission cables, and an 4equipment cabinet, which may be located either on the roof or inside/outside of the 5building or structure, or attached to utility poles within a right-of-way. Attached WCF 6are considered to be an accessory use to the existing principal use on a site. 7 1.Concealed Attached WCF 8. Concealed attached WCF, sometimes 9referred to as camouflaged facilities, are WCF, including their ancillary 10structures or equipment compounds, that are not readily identifiable as such, and 11are designed to be aesthetically compatible with existing and proposed buildings 12and uses on a site. Examples include, but are not limited to the following: 13screened antennas that blend with and are incorporated into existing 14architectural features of a building such as a church steeple, bell tower, clock 15tower, or cupola. 16 a.Height 17. WCF shall only be allowed on buildings at least f40 feet 18in height, not to exceed more than 15 feet above the roofline. 19 b.Setbacks 20. WCF shall be located within the buildable area of the 21lot and not within the front, rear, or side yard building setbacks, and 22subject to the setbacks of the underlying zoning district. When located 23on a nonconforming building or structure, then the existing 24nonconforming setback shall apply. 25 c.Design. 26 Feed lines and antennas shall be designed to 27architecturally match the façade, roof, wall, or structure on which they 28are affixed so that they blend with the existing structural design, color, 29and texture. Existing conforming building element structures (excluding 30towers) in excess of 50 feet in height may, as a matter of right, be 31rebuilt, if necessary, to support or contain a new antenna, provided that 32the new structure is the same height and substantially the same in 33appearance as the structure it replaces. 34 d.Ground Equipment 35. Equipment buildings shall not exceed a 36total of 500 square feet and shall not exceed eight (8) feet in height. 37 e.Rooftop Equipment 38. Rooftop equipment shall not occupy more 39than 25% of the roof area and shall comply with the exterior building 40and site design standards (see Chapter 4, Article III, Section 3.A.9). 41 2.Non-concealed Attached WCF 42. Non-concealed attached WCF are 43wireless communication facilities that are readily identifiable as such. Examples 44include antennas attached to utility poles and freestanding lighting within a 45public right-of-way. 46 November 9, 2010 81 SUPPLEMENTAL REGULATIONS a. Location 1. WCF shall be allowed on electric utility poles, light 2standards, or existing ball park light poles, where the applicant has an 3agreement with the applicable utility or other authority that exercises 4jurisdiction over the subject right-of-way or property, subject to 5approval of the City and/or appropriate agency designee and/or the 6utility company; 7 b.Height 8. WCF shall only be attached to poles 50 feet or more in 9height, provided that the total length of any antenna does not exceed 1010% of the height of the existing pole. The total height shall be 11determined by the highest point of any and all components of the 12structure, including antennas. 13 c.Equipment Cabinets 14. Equipment cabinets or compounds 15for WCF under this subsection shall be designed and located in such a 16manner as to not interfere with the subject right-of-way or its primary 17utilization. 18 D. Freestanding WCF 19. Freestanding WCF are any manned or unmanned location 20for the transmission and/or reception of radio frequency signals, or other wireless 21communications, usually consisting of an antenna or group of antennas, feed lines, and 22equipment cabinets, and may include an antenna support structure. WCF include, but 23are not limited to the following: stealth, monopole, guyed, or lattice antenna support 24structures. 25 1.Generally 26. 27 a.Determination of need 28. No new or mitigated WCF shall be 29permitted unless the applicant demonstrates that no existing WCF within 30applicant’s coverage area can accommodate the applicant’s proposed 31use; 32 b. Co-location 33. All new or mitigated WCF up to 80 feet in height 34shall be engineered and constructed to accommodate no less than two (2) 35antenna arrays. All WCF between eighty-one (81) feet and one hundred 36(100) feet shall be engineered and constructed to accommodate no less 37than three (3) antenna arrays. All WCF between one hundred one (101) 38to one hundred fifty (150) feet shall be engineered and constructed to 39accommodate no less than four (4) antenna arrays. 40 c. Separation 41. A minimum separation distance of 750 feet shall be 42required between proposed and existing freestanding WCF. A waiver 43or reduction of separation distance between WCF may be approved by 44the City Commission based upon the inability to co-locate on existing 45structures, the need to have more than one (1) WCF, or the efficient use 46of available land within permitted zoning districts. The decision shall be 47based upon a finding of compatibility and competent and substantial November 9, 2010 82 SUPPLEMENTAL REGULATIONS 1evidence that the waiver request meets one or more of the following 2criteria: 3 4(1) Locational requirements/limitations as established by the 5Federal Aviation Administration (FAA) or the Federal 6Communications Commission (FCC) or the Public Service 7Commission (PSC), if any; 8 9(2) Identification of a more appropriate site that does not 10meet the separation requirements above, by analysis of factors 11such as distance from residential uses, existence of permanent 12screening and buffering, and location within a large area of 13commercial or industrial use; 14 15(3) To avoid the location of a tower on environmentally 16sensitive land, a wilderness area, a historical site, or other 17sensitive area; or 18 19(4) To reduce the impact on adjacent residential uses. 20 d.Design 21. New antenna support structures shall be 22configured and located in a manner that shall minimize adverse effects 23including visual impacts on the landscape and adjacent properties. 24 e.Clearing andGrading 25. Clearing and grading shall be minimized 26and limited only to the area necessary for the new WCF and done in 27accordance with city regulations. 28 f.Access 29. Each site shall have access from an improved right-of- 30way provided by a driveway approved by the City. The driveway shall 31extend from the street to an appropriate location on the premises where a 32vehicle would need to be parked to facilitate normal maintenance of the 33facility. 34 g.Height 35. Maximum height shall be measured from ground level 36to the highest point of the WCF, including any antenna. Height limit 37shall exclude lightning rods or lights required by the FAA that do not 38provide support for antennas. 39 h.Safety 40. All support structures shall comply with the 41requirements of the Florida Building Code and safety standards 42contained in the Electronics Industries Association/ Telecommunications 43Industries Association (EIA/TIA) document 222-F, “Structural 44Standards for Steel Antenna Towers and Supporting Structures,” as 45amended. 46 November 9, 2010 83 SUPPLEMENTAL REGULATIONS i.City’s Option to Co-locate 1. The City shall have the option, 2through an agreement with the owner of the WCF, to co-locate 3emergency/public safety equipment on any proposed non-concealed 4freestanding WCF within the City’s jurisdiction, provided that the co- 5location of antennas does not interfere with the normal operation of 6approved WCF. Reserved space on new non-concealed freestanding 7WCF, including reserved ground space for equipment, shall be required 8for future City co-location, and shall be noted on plans. 9 2.Concealed Freestanding WCF 10. Concealed freestanding WCF, 11sometimes referred to as stealth facilities, are WCF (including their ancillary 12structures, or equipment compounds) that are not readily identifiable as such, 13and designed to blend into the surrounding environment and be aesthetically 14compatible and in proportion with existing and proposed buildings and uses on a 15site. WCF sometimes have a secondary, obvious function such as a flagpole, 16light pole, or tree. 17 a.Residential districts 18. In residential districts, as indicated on 19Table 3-29 herein, new WCF shall only be permitted on lots with a 20minimum lot size of one (1) acre, containing only non-residential uses, 21including but not limited to, schools, churches, fire stations, parks, and 22other public property. 23 b.Height 24. Height shall be according to the zoning district in which 25WCF is located. 26 27(1) In all residential districts as indicated on the Tables in 28this Section, the maximum height shall be limited to 25 feet 29above the maximum building height of the zoning district. 30 31(2) In the PU and REC districts, the maximum height shall 32be limited to 100 feet. 33 34(3) In all commercial districts, the maximum height shall be 35limited to 30 feet above the maximum building height of the 36zoning district. 37 38(4) In all mixed use districts, the maximum height of 39concealed freestanding WCF shall be limited to the approved 40building height or a total of 70 feet, whichever is less. 41 42(5) In industrial districts, except where prohibited in a 43mixed-use pod with a residential component within a PID, the 44maximum height shall be limited to 100 feet, if located less than 451,000 feet from a residential use, and 150 feet if located if 46located in excess of 1,000 feet from a residential use. 47 November 9, 2010 84 SUPPLEMENTAL REGULATIONS c.Setbacks 1. In all zoning districts where allowed, WCF shall be 2set back one-half the height of the antenna support structure from all 3property lines. However, in all instances, the minimum setback distance 4from the property line of any residentially zoned property or the 5boundary of a residential component within a mixed use pod, shall be at 6least one and one-half (1.5) times the height of the entire proposed WCF 7structure. 8 d.Design 9. WCF shall be designed to blend into the surrounding 10environment and be aesthetically compatible and in proportion with 11building mass and existing features or landscaping on site. 12 3.Non-concealed Freestanding WCF 13. Non-concealed freestanding WCF 14are those facilities that are readily identifiable as such, and include, but are not 15limited to, the following: guyed, lattice, or monopole antenna support structures. 16 a.Antenna support structure. 17 WCF shall be limited to monopole 18type antenna support structures, unless the applicant demonstrates that 19such design is not feasible to accommodate the intended users. 20 b.Height 21. The maximum height shall be limited to a total of 22100 feet. However, the maximum height may exceed 100 feet, but shall 23not exceed 150 feet, if the subject WCF is located within an M-1 or PID 24zoning district, and located in excess of 1,000 feet from a residential use. 25 c.Setbacks 26 WCF and their equipment compounds shall be subject 27to a minimum setback distance equal to the height of the proposed 28antenna support structure. However, the minimum setback distance 29shall be at least two (2) times the height of the WCF structure from the 30property line of any adjacent residential use. In REC and PU districts, 31the minimum setback distance shall be three (3) times the height of the 32WCF structure from the property line of any adjacent residential use. 33 d.Design 34. 35 36(1) Antenna support structures shall maintain a galvanized 37gray finish or other approved compatible color, except as 38required by federal rules or regulations. 39 40(2) New antenna mounts shall be flush-mounted, unless it is 41demonstrated through RF propagation analysis that flush- 42mounted antennas will not meet the network objectives of the 43desired coverage area. 44 4. Mitigation of Existing WCF 45. Mitigation is a modification to an 46existing antenna support structure to increase the height, or to improve its 47integrity, or to replace or remove one or several antenna support structures November 9, 2010 85 SUPPLEMENTAL REGULATIONS 1located in proximity to a proposed new antenna support structure, in order to 2encourage compliance with this section or improve aesthetics or functionality of 3the overall wireless network. 4 a.Determination of Need 5. WCF mitigation shall accomplish a 6minimum of one of the following: reduce the number of WCF; reduce 7the number of nonconforming WCF; replace existing WCF to reduce 8visual obtrusiveness; or replace existing WCF with new WCF to 9promote greater co-location opportunities or improve network 10functionality, resulting in compliance with this ordinance. 11 b.Height 12. The height of WCF approved for mitigation shall not 13exceed the maximum height limitations of this section based on the type 14of WCF and the zoning district. Replacement WCF with an increased 15height shall require City Commission approval. 16 c. Setbacks 17. New WCF approved for mitigation of existing WCF 18shall be constructed on site within close proximity to existing WCF at 19the same or greater setbacks than previously established. All proposed 20accessory equipment buildings shall comply with established setbacks 21for existing WCF without increasing nonconformity. 22 d.Buffers 23. At the time of mitigation, equipment compounds shall 24be brought into compliance with the screening and buffer requirements 25of this section. 26 e.Design 27. Mitigated antenna support structures shall comply with 28the provisions herein to reduce nonconformity and minimize adverse 29effects on the landscape and adjacent properties, with specific design 30considerations as to WCF type, height, scale, color, texture, and 31architectural design of the buildings on the same and adjacent lots. 32 5.Antenna Element Replacement or Repair. 33Any repair or replacement 34of an existing antenna or antenna array with another of like size and shape that 35will not alter the structural integrity of the support structure, shall be exempted 36from further review provided that a notarized certification shall be submitted by 37a qualified technician stating that the replacement will not alter the structural 38integrity of the support structure, and that any changes will not affect the 39electrical specifications. 40 6.Co-location 41. Co-location means the practice of installing and operating 42multiple wireless carriers, service providers, and/or radio common carrier 43licensees on the same antenna support structure or attached WCF using different 44and separate antenna, feed lines and radio frequency generating equipment. 45 a.Height 46. Co-located or combined WCF shall not increase the 47height of an existing antenna support structure. November 9, 2010 86 SUPPLEMENTAL REGULATIONS 1 b.Setbacks 2. 3 4(1) Ground equipment to be located in conjunction with co- 5location shall comply with the setback requirements depending 6on the type of WCF, and zoning district in which it is located. 7 8(2) Co-location of antenna on WCF approved prior to this 9ordinance may locate proposed accessory equipment buildings 10within existing equipment compound enclosures, provided the 11minimum established setbacks of existing WCF are met. 12 c.Design 13. New antenna mounts shall be flush-mounted onto 14existing WCF, unless it is demonstrated through RF propagation 15analysis that flush-mounted antennas will not meet the network 16objectives of the desired coverage area. 17 d.Buffers 18. At the time of installation of additional equipment to 19WCF, the equipment compound shall be brought into compliance with 20the screening and buffer requirements of this section. 21 e. Zoning Districts and Affiliated Process (Table 3-29). 22 23 24 November 9, 2010 87 SUPPLEMENTAL REGULATIONS TABLE 3-29. Zoning Districts and Affiliated Process. 1 2 Non-Non-concealedMitigation ZoningConcealedconcealedConcealedFreestandingofAntennaCo-location DistrictAttachedAttachedFreestandingWCF 4ExistingElement8 WCF 1WCF 2WCF 4WCF 7Replacement R-1CC 3 AD AD AD R-2 CC 3 AD AD AD AD R-3AD AD CC 3 AD AD AD PUD AD CC 3 AD AD AD AD IPUDAD AD CC 3 AD AD AD MHPD CC 3 AD AD AD C-1 CC AD AD AD AD C-2 AD CC AD AD AD C-3AD AD CC AD AD AD C-4AD AD CC AD AD AD CBDAD AD CC AD AD AD PCDAD AD CC AD AD AD REC AD CC CC 5,6 AD AD AD AD PUAD AD CC CC 5,6 AD AD AD SMUAD AD CC AD AD AD MU-L-1 AD CC AD AD AD AD MU-L-2AD AD CC AD AD AD MU-L-3AD AD CC AD AD AD MU-H AD CC AD AD AD AD PIDAD AD CC CC AD AD AD M-1AD AD CC CC AD AD AD 3 4 Legend: 5 AD - Administrative (Staff) Approval CC - City Commission (Public Hearing) Approval Blank - Not Allowed 6 7 Footnotes: 8 1Concealed attached WCF shall only be allowed on building features that are a minimum of 40 feet in height, not to exceed 15 feet above the roofline. 9 2 Non-concealed attached WCF are allowed on utility poles and freestanding lights within a public right-of-way, subject to agreement with the agency 10 representative with jurisdiction over the right-of-way and/or the utility company. 11 3Concealed Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a nonresidential use (school, church) 12 4 A minimum separation of 750 feet is required between freestanding WCF. Requires conditional use approval. In industrial districts, except where 13 prohibited in a mixed-use pod with a residential component within a PID, the maximum height shall be limited to 100 feet if located less than 1,000 feet from a 14 residential use, and 150 feet if located in excess of 1,000 feet from a residential use. 15 5Only when located on City-owned property of two (2) acres or more. 16 6 Restricted to a maximum height of 100 feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent 17 residential use. 18 7 Replacement WCF with increased height requires public hearing approval. 19 8Administrative approval unless on City-owned site and the lease requires each Tenant to have a separate lease with City (each lease requires City 20 Commission approval as a lease amendment), or the lease requires written consent letter (City Commission consent agenda). 21 22 Zoning Districts: 23 R-1 Single-Family Residential C-2 Neighborhood Commercial SMU Suburban Mixed Use 24 - R-2 Duplex Residential C-3 Community Commercial MU-L1 Mixed Use Low Intensity 1 25 R-3 Multi-Family Residential C-4 General Commercial MU-L-2 Mixed Use Low Intensity 2 26 PUD Planned Unit Development CBD Central Business District MU-L-3 Mixed Use Low Intensity 3 27 IPUD Infill Planned Unit Development PCD Planned Commercial Development MU-H Mixed Use High 28 MHPD Mobile Home Planned Development REC Recreation PID Planned Industrial Development 29 C-1 Office Professional PU Public Usage M-1 Light Industrial November 9, 2010 88 SUPPLEMENTAL REGULATIONS f. Maximum Heights of WCF (Table 3-30). 1 2 Non-Non-Mitigation ZoningConcealedconcealedConcealedconcealedofAntennaCo- DistrictAttachedAttachedFreestandingFreestandingExistingElementlocation WCFWCFWCFWCFWCFReplacement 7 7 7 55’ R-1 3,4 27 7 7 55’ R-2 3,4 1 27 7 7 55’ R-3 3,4 1 27 7 7 75’ PUD 3,4 1 27 7 7 75’ IPUD 3,4 7 7 7 55’ MHPD 3,4 27 7 7 55’ C-1 4 27 7 7 55’ C-2 4 1 27 7 7 75’ C-3 4 1 27 7 7 75’ C-4 4 1 27 7 7 130’ CBD 4 1 27 7 7 75’ PCD 4 1 27 7 7 100’ 100’ REC 44,5,6 1 27 7 7 100’ 100’ PU 44,5,6 1 27 7 7 SMU 70’ or less 4 1 27 7 7 70’ or less MU-L-1 4 1 27 7 7 MU-L-2 70’ or less 4 1 27 7 7 70’ or less MU-L-3 4 1 27 7 7 MU-H 70’ or less 4 1 27 7 7 100-150’ PID 100-150’ 4 4 1 27 77 100-150’ 100-150’ M-1 4 4 3 4 Footnotes: 5 1Concealed attached WCF shall only be allowed on buildings that are a minimum of 40 feet in height, not to exceed 15 feet above the roofline. 6 2 Non-concealed attached WCF are allowed only on utility poles and freestanding lights that are more than 40 feet in height, and located within a public right- 7 of-way (subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company) or on existing ball park light 8 poles that are more than 50 feet in height. The total length of any antenna shall not exceed 15 percent of the height of the existing utility or light pole. 9 3Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a nonresidential use (school, church, etc.). 10 Maximum height is limited to 25 feet above the maximum building height of the zoning district. 11 4 A minimum separation of 750 feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed-use pod with a 12 residential component within a PID, the maximum height shall be limited to 100 feet if located less than 1,000 feet from a residential use, and 150 feet if located 13 in excess of 1,000 feet from a residential use. In all mixed-use districts height is limited to approved building height or 70 feet whichever is less. 14 5Only when located on City-owned property of two (2) acres or more. 15 6 Restricted to a maximum height of 60 100 feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent 16 residential use. 17 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. November 9, 2010 89 SUPPLEMENTAL REGULATIONS 1 g. Setbacks and Separation Between WCF (Table 3-31) 2 3 Non-Non-Mitigation ZoningConcealedconcealedConcealedconcealedofAntennaCo- DistrictAttachedAttachedFreestandingFreestandingExistingElementlocation WCFWCFWCFWCFWCFReplacement 3, 467 R-1 2 3, 467 R-2 1 2 3, 467 R-3 1 2 3, 467 PUD 1 2 3, 467 IPUD 3, 467 MHPD 2 3, 467 C-1 2 3, 467 C-2 1 2 3, 467 C-3 1 2 3, 467 C-4 1 2 3, 467 CBD 1 2 3, 467 PCD 1 2 3, 4 4, 5 67 REC 1 2 3, 4 4, 5 67 PU 1 2 3, 4 67 SMU 1 2 3, 4 67 MU-L-1 1 2 3, 4 67 MU-L-2 1 2 3, 4 67 MU-L-3 1 2 3, 4 67 MU-H 1 2 3, 4 4, 5 67 PID 1 2 3, 4 4, 5 67 M-1 4 5 Footnotes: 6 1Concealed attached WCF shall be subject to the setbacks of the underlying zoning district. When located on a nonconforming building or structure, then the 7 existing nonconforming setback shall apply. 8 9 2Nonconcealed attached WCF are not subject to setbacks, however, equipment cabinets or compounds for WCF shall be designed and located in such a 10 manner as to not interfere with the subject right-of-way or its primary utilization. 11 12 3Concealed freestanding shall be set back one-half the height of the antenna support structure from all property lines, however, in all instances the minimum 13 setback from the property line or the boundary of a residential component within a mixed-use pod, shall be at least one and one-half (1.5) times the height of 14 the entire proposed WCF structure. 15 16 4A minimum separation distance of 750 feet between proposed and existing freestanding WCF is required. 17 18 5Nonconcealed freestanding WCF and their equipment compounds shall be subject to a minimum setback distance equal to the height of the proposed 19 antenna support structure. However, the minimum setback distance shall be at least two (2) times the height of the WCF structure from the property line of 20 any adjacent residential use. In REC and PU districts, the minimum setback distance shall be three (3) times the height of the WCF structure from the 21 property line of any adjacent residential use. 22 23 6New WCF approved for mitigation of existing WCF shall be constructed on site within close proximity to existing WCF at the same or greater setbacks than 24 previously established. All proposed accessory equipment buildings shall comply with established setbacks for existing WCF without increasing 25 nonconformity. 26 27 7Ground equipment to be located in conjunction with co-location shall comply with the setback requirements depending on type of WCF, and zoning district 28 in which it is located. 29 30 November 9, 2010 90 SUPPLEMENTAL REGULATIONS E.Submittal Requirements 1. A completed application and filing fee with all 2required documents as specified on the application checklist, including but not limited 3to, signed and sealed site plans, antenna support structure elevations, and landscape 4plans shall be submitted to the Planning and Zoning Division. 5 F. Approval Process 6. 7 1.Pre-application Meeting. 8 Prior to leasing or purchasing facilities, the 9WCF service provider is required to meet with the Director of Planning and 10Zoning or designee to determine the type of approval process, and to review the 11merits of potential locations. 12 2.Administrative Approval 13. The approval of WCF subject to 14administrative review as identified in Table 3-29 shall be processed as a minor 15site plan modification in accordance with Chapter 2, Article II, Section 2.F.7.c. 16If the Director of Planning and Zoning or designee determines that the 17application and documentation fail to meet the intent of this ordinance, the City 18may, in writing, deny the request. Applicants who have been denied a request 19for a WCF may formally appeal such denial to the City Commission in 20accordance with Chapter 1, Article VIII. 21 3. City Commission Approval 22. Approval of WCF subject to City 23Commission public hearing review as identified in Table 3-29 shall be processed 24in accordance with Chapter 2, Article I, Section 3. 25 4.Review Criteria. 26 The WCF shall comply with the regulations and 27requirements of this section. Notwithstanding compliance with the 28aforementioned, for WCF applications requiring public hearings, the City 29Commission shall also consider the following: 30 a. 31 Height of the proposed WCF; 32 b. 33 Nature of use(s) on adjacent and nearby properties; 34 c. 35 Surrounding tree coverage and foliage; 36 d. 37 Design of the WCF, particularly with respect to design attributes 38having the effect of reducing or eliminating visual obtrusiveness; and 39 e. 40 Proposed ingress and egress. 41 5.Conditions of Approval 42. In granting an approval, the City may 43impose conditions necessary to minimize any adverse effect of the proposed 44WCF on adjoining properties. 45 46 G. Publicly-Owned Property 47. November 9, 2010 91 SUPPLEMENTAL REGULATIONS 1 1.Agreements 2. If an applicant requests a permit to locate a WCF on City- 3owned property within a City right-of-way, the permit granted hereunder shall 4not become effective until the applicant and the jurisdiction have executed a 5written agreement or lease in a form acceptable to the City Attorney setting forth 6the particular terms and provisions under which the permit to occupy and use the 7public lands of the jurisdiction will be granted, and releasing the City from all 8liability regarding WCF. 9 2.Occupancy or Use 10. No permit granted under this section shall convey 11any exclusive right, privilege, permit, or franchise to occupy or use the publicly- 12owned sites of the jurisdiction for delivery of telecommunications services or 13any other purpose. 14 a. 15 No permit granted under this section shall convey any right, title 16or interest in the public lands, but shall be deemed a permit only to use 17and occupy the public lands for the limited purposes and term stated in 18the grant. Further, no permit shall be construed as a conveyance of a 19title interest in the property. 20 H. Interference with Public Safety WCF 21. Whenever the City has 22encountered radio frequency interference with its public safety communications 23equipment, and it believes that such interference has been or is being caused by one or 24more WCF, the following steps shall be taken: 25 1.Notification 26. The City shall provide notification to all WCF service 27providers operating in the jurisdiction of possible interference with the public 28safety communications equipment. Upon such notification, the owners shall use 29their best efforts to cooperate and coordinate with the City and among 30themselves to investigate and mitigate the interference if the WCF owner is 31operating outside of its FCC frequencies. 32 2.Reimbursement 33. If any WCF owner is operating outside of its assigned 34FCC frequencies, or if the FCC makes a determination that the WCF is 35operating outside of its frequencies and causing radio frequency interference 36with the City public safety communications equipment, the owner who fails to 37cooperate and/or the owner of the WCF which caused the interference due to 38operating outside of its licensed frequencies shall be responsible, upon FCC 39determination of radio frequency interference, for reimbursing the City for all 40costs associated with ascertaining and resolving the interference, including but 41not limited to any engineering studies obtained by the jurisdiction to determine 42the source of the interference. 43 I.Annual Registration and Certification. 44WCF owners shall file annually with 45the Director of Planning & Zoning or designee a declaration as to the continuing 46operation (with active antennas) of their facilities located within the City. Said November 9, 2010 92 SUPPLEMENTAL REGULATIONS 1declaration shall include a listing of all WCF users, names, and mailing addresses, and 2any additional information deemed appropriate by the City. 3 1.Continued Structural Integrity 4. Within 60 days following a 5catastrophic act of God or other emergency that affects the structural integrity of 6the antenna support structure, a certification of continued structural integrity 7(i.e., a statement that a thorough and complete inspection of WCF was 8conducted and WCF and ancillary facilities are and will continue to perform as 9originally designed), certified by a qualified and licenses professional engineer, 10shall also be filed with the Director of Planning & Zoning or designee. 11 2.Failure to File 12. Failure to timely file either the annual declaration or the 13certification shall mean that WCF is deemed to be abandoned, unused, or 14unsafe, thus subject to removal. 15 J. Removal of Abandoned, Unused, or Unsafe WCF. 16 The intent and purpose of 17this subsection is to address the compelling public interest in ensuring that WCF are 18promptly disassembled, dismantled, and removed once they are no longer used. There 19may be substantial risk that WCF may cease being used in large numbers if there is a 20concentration or consolidation of competitors within the industry or if even newer 21technologies arise, obviating the need for antenna support structures. 22 23WCF that are abandoned or unused for a period of 120 days shall be removed as 24follows: 25 1.Notice of Abandonment 26. WCF owners shall submit a copy of the 27“Notice of Intent to Abandon” required by the FCC to the Director of Planning 28and Zoning or designee, and remove its own equipment, including but not 29limited to the antenna support structure, antennas, generators, and service 30facilities or cabinets, within ninety (90) days of the cessation of use. WCF 31owners shall return the site to its natural state, or consistent with the current use 32of the land at the time of removal; or 33 2.Notice of Different Provider 34. WCF owners shall notice the Director of 35Planning and Zoning or designee that the provider's obligations for its 36equipment in the right-of-way or public easement or private property under this 37section have been lawfully assumed by another provider who will make actual 38use of the WCF within thirty (30) days; or 39 3.Proposal for Transfer to City 40. WCF owners shall submit to the 41Director of Planning and Zoning or designee a proposal and instruments for 42transferring ownership of its equipment to the City. If a provider proceeds 43under this clause, the City may, at its option: 44 a. 45 Assume ownership of the equipment for a ten ($10.00) dollar 46nominal consideration to provider; or 47 November 9, 2010 93 SUPPLEMENTAL REGULATIONS b. 1 Require the provider, at provider's expense, to remove it; or 2 c. 3 Require the provider to post a bond in an amount sufficient to 4reimburse the city for reasonably anticipated costs to be incurred in 5removing the equipment. Equipment of a provider who fails to comply 6with the preceding sentence and which for six (6) months remains 7unused shall be deemed abandoned. Abandoned equipment is deemed to 8be a nuisance. The City may exercise any remedies and rights has at law 9or in equity, including but not limited to, (1) abating the nuisance, (2) 10taking possession of the equipment and restoring it to working condition, 11or (3) requiring removal of the equipment by the provider or by the 12provider's surety under any maintenance bond required by the Code of 13Ordinances. 14 4.Exceptions 15. WCF used for other purposes, including but not limited to, 16light standards and power poles, may be exempt from this provision, subject to 17the requirement that all equipment except the antenna support structure itself be 18removed or abandoned as set forth above. 19 K.Inspection. 20 The City reserves the right to require additional inspections if 21there is evidence that the tower has a safety problem or is exposed to extraordinary 22conditions. Inspections shall be conducted by a registered engineer. Based upon the 23results of an inspection, the Building Official may require repair or removal of the 24WCF. Should the City have reason to believe WCF is not in compliance with applicable 25building and electrical codes, the City may conduct periodic inspections of the site to 26ensure structural and electrical integrity. 27 28CHAPTER 10 TELECOMMUNICATION TOWERS AND ANTENNAS 29 30Sec. 1.Intent 31 32Sec. 2.Definitions 33 34Sec. 3.Telecommunications Towers 35 36Sec. 4.Tower Replacement 37 38Sec. 5.Antennas Not Located on Telecommunications Towers 39 40Sec. 6.Shared Use of Communication Towers 41 42Sec. 7.Applications 43 44Sec. 1. Intent. 45 46The regulations and requirements of this chapter are intended to: 47 November 9, 2010 94 SUPPLEMENTAL REGULATIONS 1A.Promote the health, safety and general welfare of the citizens by regulating the siting of 2telecommunications towers; 3 4B.Provide for the appropriate location and development of telecommunication towers and antennas within 5the city; 6 7C.Minimize adverse visual effects of telecommunication towers and antennas through careful design, 8siting, landscape screening and innovative camouflaging techniques; 9 10D.Avoid potential damage to adjacent properties from tower failure through engineering and careful siting 11of tower structures; 12 13E.Protect residential areas and land uses from potential adverse impacts of telecommunication towers and 14antennas by maximizing use of any new or existing telecommunication towers through shared use, for 15example, co-location, to reduce the number of towers needed. 16 17(Ord. No. 97-10, § 2, 4-15-97) 18 19Sec. 2. Definitions. 20 21The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to 22them, except where the context clearly indicates a different meaning: 23 24Accessory use - A use incidental to, subordinate to, and subservient to the main use of the property. As defined 25in this section, an accessory use is a secondary use. 26 27Antenna- A transmitting and/or receiving device and/or relays used for personal wireless services that radiates 28or captures electromagnetic waves, including directional antennas, such as panel and microwave dish 29antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas 30and satellite earth stations. 31 32Extraordinary conditions - Subsequent to a hurricane, flood or other natural disaster. 33 34Guyed tower - A telecommunication tower that is supported, in whole or in part, by guy wires and ground 35anchors. 36 37Microwave dish antenna - A dish-like antenna used to link personal wireless service sites together by wireless 38transmission of voice or data. 39 40Monopole tower - A telecommunication tower consisting of a single pole or spire self-supported by a 41permanent foundation, constructed without guy wires and ground anchors. 42 43Panel antenna - an array of antennas designed to concentrate a radio signal in a particular area. 44 45Roofline- The overall ridge line of the structure which does not include cupolas, elevator towers, clock towers 46or other features that are permitted to exceed the maximum height of the building. 47 November 9, 2010 95 SUPPLEMENTAL REGULATIONS 1Self-support/lattice tower - A telecommunication tower that is constructed without guy wires and ground 2anchors. 3 4Stealth facility - Any telecommunications facility which is designed to blend into the surrounding environment, 5and which is incorporated into and is compatible with uses otherwise permissible on site. Examples of 6stealth facilities include, but are not limited to, architecturally screened roof-mounted antennas, antennas 7integrated into architectural elements, and telecommunication and/or personal wireless services towers 8designed to look like light poles, power poles, clock towers, or trees. 9 10Telecommunication tower - A guyed, monopole or self-support/lattice tower, constructed as a free-standing 11structure, containing one or more antennas used in the provision of personal wireless services, excluding 12radar towers, amateur radio support structures licensed by the FCC, private home use of satellite dishes 13and television antennas and satellite earth stations installed in accordance with applicable codes. 14 15Whip antenna - A cylindrical antenna that transmits signals in 360 degrees. 16 17(Ord. No. 97-10, § 2, 4-15-97) 18 19Sec. 3. Telecommunications Towers. 20 21A. Freestanding telecommunication towers may be permitted as a conditional use in accordance with the 22Land Development Regulations in the following zoning districts: 23 241.(REC) Recreation district greater than five (5) acres. On property owned by the city, the city shall 25authorize the application and use of city property after the applicant executes a lease agreement acceptable 26to the city. The city shall have no obligation whatsoever to execute such lease even if the applicant can 27meet the criteria set forth herein. 28 292.(PU) Public Usage. On property owned by the city, the city shall authorize the application and use of 30city property after the applicant executes a lease agreement acceptable to the city. The city shall have no 31obligation whatsoever to execute such lease even if the applicant can meet the criteria set forth herein. 32 333.Industrial (M-1) zoning district provided the towers are an accessory use and are reviewed and 34approved in accordance with the Land Development Regulations of the city. A monopole type stealth 35facility must be utilized on vacant property in M-1 zoning districts. 36 374.Propertyowned by the city within a Planned Industrial Development (PID) district which is designated 38for recreation use. The city shall authorize the application and use of city property after the applicant 39executes a lease agreement acceptable to the city. The city shall have no obligation whatsoever to execute 40such lease even if the applicant can meet the criteria set forth herein. Tower locations shall be consistent 41with approved, proposed or anticipated plans for park development. Towers shall be designed for 42collocation and consistent with rules and regulations internal to a P.I.D. 43 445.Suburban Mixed Use (SMU) zoning district. Any communication tower in the SMU district shall be a 45stealth facility that is designed consistent with the architecture and theme of the SMU district. Stealth 46facilities contained within structural or architectural features, such as clock towers, are preferred. Said November 9, 2010 96 SUPPLEMENTAL REGULATIONS 1communication tower shall be depicted on the SMU Master Plan, and considered within the SMU design 2standards. The development standards of Chapter 10 shall govern said tower or antenna. 3 4B.Stealth towers shall be architecturally compatible with existing buildings/structures on site; consistent 5with the character of existing uses on site; contain communications equipment or devices that it is not 6readily identifiable; and shall not exceed 150 feet in height. 7 8C.Minimum standards. Every telecommunications tower must meet the following minimum standards: 9 101.Prior to the issuance of a building permit by the building division, department of development, a site 11development plan shall be presented for approval to the planning and zoning department and the 12department of development. Each application for a proposed telecommunication tower shall include all 13requirements for site development plan approval as required by the Land Development Regulations. Each 14application shall contain a rendering or photograph of the tower, including but not limited to, colors and 15screening devices. 16 172.A statement shall be submitted, prepared by a professional registered engineer licensed to practice in 18the state, which through rational engineering analysis certifies the tower's compliance with applicable 19standards as set forth in the Standard Building Code, latest edition, and the Code of Ordinances; and 20describes the tower's capacity, including an example of the number and type of antennas it can 21accommodate. No tower shall be permitted to exceed its loading capacity. For all towers attached to 22existing structures, the statement shall include certification that the structure can support the load 23superimposed from the tower. All towers shall have the capacity to permit multiple users; at a minimum, 24monopole towers shall be able to accommodate two (2) users and at a minimum, self-support/lattice or 25guyed towers shall be able to accommodate at least three (3) users. 26 273.Height/setbacks and related location requirements. 28 29a.The height of a telecommunications tower shall not exceed one hundred and fifty (150) feet. Tower 30height shall be measured from the crown of the road of the nearest public street. Lighting and Lightning 31rods up to eight (8) feet in length shall not be considered in measuring the height of the tower. 32 33b.Telecommunication towers shall conform with the setbacks established for the underlying zoning 34district. 35 36c.Monopole, lattice or guyed telecommunication towers shall not be permitted within two hundred and 37fifty (250) feet of any residential district or residential portion of a PUD. In a SMU district, a 38communication tower shall not be permitted within two hundred fifty (250) feet of any adjacent residential 39zoning district or within fifty (50) feet of a residential component of the SMU district, exclusive of 40integrated mixed-use buildings. 41 42d.Monopole, lattice or guyed telecommunication towers shall not be located within seven hundred and 43fifty (750) feet of any existing monopole, lattice or guyed telecommunication tower. 44 45e.All buildings and other structures to be located on the same property as a telecommunication tower 46shall conform with the setbacks established for the underlying zoning district. 47 November 9, 2010 97 SUPPLEMENTAL REGULATIONS 1f.Waiver or reduction of separation requirements. 2 3(1)Waivers or reductions of separation distances between towers may be approved by the city commission 4subject to the criteria contained herein. 5 6(2)Requests for waivers or reductions of separation distances between towers shall be based upon the 7inability to collocate on existing towers or structures, the need to have more than one (1) tower, or the 8efficient use of available land within permitted zoning districts. The decision shall be based upon a finding 9of compatibility and competent and substantial evidence that the waiver request meets one or more of the 10following criteria: 11 12(a)Locational requirements/ limitations as established by the Federal Aviation Administration (FAA) or 13the Federal Communications Commission (FCC) or the Public Service Commission (PSC), if any; 14 15(b)Identification of a more appropriate site that does not meet the separation requirements above, by 16analysis of factors such as distance from residential uses, existence of permanent screening and buffering, 17and location within a large area of commercial or industrial use; 18 19(c)To avoid the location of a tower on environmentally sensitive land, a wilderness area, a historical site, 20or other sensitive area; or 21 22(d)To reduce the impact on adjacent residential uses. 23 244.Aircraft hazard. Prior to the issuance of a building permit by the building division, department of 25development, the applicant shall provide evidence that the telecommunication towers or antennas are in 26compliance with Federal Aviation Administration (FAA) regulations. Where an antenna will not exceed 27the highest point of the existing structure upon which it is to be mounted, such evidence shall not be 28required. The least intensive nighttime method of illumination acceptable to the FAA shall be utilized. 29 305.Approval required from other governmental agencies. Each application for a telecommunication tower 31may be required to include written approval or a statement of no objection from other federal or state 32agencies that may regulate telecommunication tower siting, design, and construction. 33 346.FCC emissions standards. All proposed telecommunication towers and appurtenances and accessory 35equipment thereto shall comply with current Federal Communications Commission (FCC) standards for 36non-ionizing electromagnetic radiation (NIER) and radio frequency emissions. 37 387.Buffering. 39 40a.An eight (8) foot fence or wall constructed in accordance with the Land Development Regulations, as 41measured from the finished grade of the site, shall be required around the base of each communication 42tower, tower service facilities, and each guy anchor. Access to the communication tower and its facilities 43shall be through a locked gate. The requirement for an eight (8) foot fence shall not be applicable if: (1) 44said communication tower is a stealth facility integrated into the architecture or structural composition of a 45building, such as a clock tower located within a SMU district; and (2) access to any equipment or electrical 46power source is gated and locked for public safety. 47 November 9, 2010 98 SUPPLEMENTAL REGULATIONS 1b.Landscaping, consistent with the requirements of the Land Development Regulations, shall be installed 2and maintained around the entire perimeter of any fence or wall. Additional landscaping may be required 3around the perimeter of a fence or wall and around any or all anchors or supports if deemed necessary to 4buffer adjacent residential and non-residential properties. The city may require landscaping in excess of 5the requirements of the city code in order to enhance compatibility with adjacent residential and non- 6residential land uses. Landscaping shall be installed on the outside of the perimeter fence or wall. 7 8c.Landscaping consistent with perimeter and on-site requirements of the Land Development Regulations 9shall be installed and maintained around any accessory buildings or structures. 10 118.High Voltage and “No Trespassing” warning signs. 12 13a.If high voltage is necessary for the operation of the telecommunications tower or any accessory 14structures, “HIGH VOLTAGE - DANGER” warnings signs shall be permanently attached to the fence or 15wall and shall be spaced no more than forty (40) feet apart. “High Voltage” shall be defined according to 16OSHA standards. 17 18b.“NO TRESPASSING” warning signs shall be permanently attached to the fence or wall and shall be 19spaced no more than forty (40) feet apart. 20 21c.The letters for the “HIGH VOLTAGE - DANGER” and “NO TRESPASSING” warning signs shall be 22at least six (6) inches in height. The two (2) warning signs may be combined into one (1) sign. The 23warning signs shall be installed at least five (5) feet above the finished grade of the fence. 24 25d.The warning signs may be attached to free standing poles if the content of the signs may be obstructed 26by landscaping. 27 289.Equipment storage. Mobile or immobile equipment not used in direct support of a tower facility shall 29not be stored or parked on the site of the telecommunication tower, unless repairs to the tower are being 30made. 31 3210.Signs and advertising. The use of any portion of a tower for signs or advertising purposes, including 33company name, banners, streamers, and the like, shall be strictly prohibited. 34 3511.Accessory buildings or structures. All accessory buildings or structures shall meet all building design 36standards as listed in this Code, and in accordance with the provisions of the Standard Building Code, 37latest edition. All accessory buildings or structures shall require a building permit issued by the building 38division, department of development. 39 4012.Colors. Except where superseded by the requirements of other county, state, or federal regulatory 41agencies possessing jurisdiction over telecommunications towers, telecommunications towers shall be 42painted or constructed in neutral colors, designed to blend into the surrounding environment, such as non- 43contrasting gray. 44 4513.Non-interference. Each application to allow construction of a telecommunication tower shall include a 46statement that the construction and placement of the tower, will not unnecessarily interfere with public November 9, 2010 99 SUPPLEMENTAL REGULATIONS 1safety communications and the usual and customary transmission or reception of radio and television 2service enjoyed by adjacent residential and non-residential properties. 3 414.Parking. Communication towers shall be exempt from the parking requirements of the Land 5Development Regulations, unless otherwise required by the Planning and Zoning Director. 6 715.Generators. All generators or alternators used on site shall use propane fuel. Subject to the approval by 8the Director of Utilities and the Director of Development, the use of diesel powered emergency generators 9may be permitted where more than three (3) providers have collocated on a tower. 10 1116.Building permits. In addition to the review processes required in this section, a building permit shall be 12required for all towers, support and accessory structures, antennas, and antenna attachments, except as 13otherwise provided by state or local law. 14 1517.Removal of abandoned or unused facilities. A provider who has determined to discontinue its 16operations or part of its operations in the city must within ninety (90) days of discontinuance of use either: 17 18a.Remove its own equipment, including but not limited to the tower, antennas, generators, and service 19facilities or cabinets, within ninety (90) days of the cessation of use; or 20 21b.Provide information satisfactory to the City Manager or designee that the provider's obligations for its 22equipment in the right-of-way or public easement or private property under this division have been 23lawfully assumed by another provider; or 24 25c.Submit to the City Manager or designee a proposal and instruments for transferring ownership of its 26equipment to the city. If a provider proceeds under this clause, the city may, at its option: 27 28(1)Assume ownership of the equipment for a ten ($10.00) dollar nominal consideration to provider; or 29 30(2)Require the provider, at provider's expense, to remove it; or 31 32(3)Require the provider to post a bond in an amount sufficient to reimburse the city for reasonably 33anticipated costs to be incurred in removing the equipment. Equipment of a provider who fails to comply 34with the preceding sentence and which, for six (6) months remains unused, shall be deemed abandoned. 35Abandoned equipment is deemed to be a nuisance. The City may exercise any remedies and rights has at 36law or in equity, including but not limited to, (1) abating the nuisance, (2) taking possession of the 37equipment and restoring it to working condition, or (3) requiring removal of the equipment by the provider 38or by the provider's surety under any maintenance bond required by the Code of Ordinances. 39 40Telecommunications towers being used for other purposes, including but not limited to, light standards and 41power poles, may be exempt from this provision, subject to the requirement that all equipment except the 42tower structure itself be removed or abandoned as set forth above. 43 4418. Inspections. 45 46a.Telecommunication tower owners' shall submit a report to the city building division, department of 47development, certifying structural and electrical integrity on the following schedule: November 9, 2010 100 SUPPLEMENTAL REGULATIONS 1 2(1)Monopole towers - once every five (5) years; 3 4(2)Self-support/lattice towers - once every two (2) years; and 5 6(3)Guyed towers - once every two (2) years. 7 8b.Inspections shall be conducted by a registered engineer. The results of such inspections shall be 9provided to the building division, department of development. Based upon the results of an inspection, the 10Building Official may require repair or removal of a telecommunication tower. 11 12c.Should the building division, department development, have reason to believe a telecommunications 13tower site is not in compliance with applicable building and electrical codes, the city may conduct periodic 14inspections of the site to ensure structural and electrical integrity. The owner of the telecommunications 15tower may be required by city to have more frequent inspections should there be reason to believe that the 16structural and electrical integrity of the tower is jeopardized. The city reserves the right to require 17additional inspections if there is evidence that the tower has a safety problem or is exposed to 18extraordinary conditions. 19 2019.Telecommunications towers are prohibited when a proposed or existing principal use or uses within two 21hundred (200) feet of a proposed tower includes the storage, distribution, or sale of volatile, flammable, 22explosive or hazardous wastes, including but not limited to, LP gas, propane, gasoline, natural gas, and 23corrosive or dangerous chemicals purposes, unless the city fire marshal determines that the proximity of a 24telecommunications tower does not pose any danger or risk of explosion or fire or unless used for backup 25power purposes. 26 2720.Fees and charges. Public land or right-of-way lease agreements shall be established by separate 28instrument. 29 3021.Additional uses permitted on lot. Communication towers may be located on lots containing another 31principal use. Separation between communication towers and other uses on the lot may be required to 32ensure compatibility. Towers may occupy a leased parcel on a lot that meets the minimum lot size 33requirement of the zoning district in which it is located. For lease parcels not meeting the minimum lot 34size requirement, the city shall require the execution of a unity of title, unity of control, or other 35documentation as determined appropriate by the City Attorney. 36 37(Ord. No. 97-10, § 2, 4-15-97; Am. Ord. No. 98-32, § 1, 9-3-98; Ord. No. 02-033, § 4, 8-20-02; Ord. No. 05- 38028, §§ 2-4, 7-5-05) 39 40 Sec. 4. Tower Replacement. 41 42Notwithstanding the above provisions of this section, towers in existence as of January 1, 1997, may be 43replaced with a tower of equal or less visual impact after approval by the city manager or her/his designee. 44However, if the proposed new tower would not be consistent with the minimum standards under Section 3 45of this chapter, replacement must be approved by the city commission. 46 November 9, 2010 101 SUPPLEMENTAL REGULATIONS 1A.Conforming towers. An existing conforming tower may be replaced subject to the criteria set forth 2herein. If the criteria are not met, the replacement tower shall comply with the siting requirements of this 3section. 4 51.The replacement tower shall accommodate a minimum of two providers; 6 72.The replacement tower shall be a stealth or monopole tower; 8 93.The tower may be required to be relocated on the site to lessen the impact on adjacent parcels; and 10 114.The replacement tower shall be subject to administrative review by the Planning and Zoning and 12Development Departments. 13 14B.Nonconforming towers. An existing nonconforming tower may be replaced subject to the criteria 15below. If the criteria are not met, the replacement shall comply with the siting requirements of this section. 16 171.The replacement tower shall accommodate a minimum of two providers; 18 192.The replacement tower shall be a stealth or monopole tower; 20 213.The tower may be required to be relocated on the site to lessen the impact on adjacent parcels; and 22 234.The replacement tower shall be subject to administrative review by the Planning and Zoning and 24Development. 25 265.The tower shall be reconstructed to its original height or 150 feet, whichever is less. 27 28 29C.Accessory Structures. The size of an accessory structure or structures may be increased, subject to the 30Code of Ordinances, to accommodate collocation. The expansion shall be subject to administrative 31approval by the Planning and Zoning Department and the Department of Development. 32 33(Ord. No. 97-10, § 2, 4-15-97) 34 35Sec. 5. Antennas Not Located on Telecommunications Towers. 36 37A.Stealth rooftop or building mounted antennas not exceeding twenty (20) feet above the roofline and not 38exceeding ten (10) feet above the maximum height of the applicable zoning district may be permitted as an 39accessory use in all zoning districts except R-1-AAA, R-1-AAB, R-1-AA, R-1-A, R-1 and R-2. Antennas 40may exceed twenty (20) feet above the roofline in the REC and PU zoning districts if municipal purposes 41warrant additional height. 42 43B.Minimum standards. Building or rooftop antennas shall be subject to the following minimum 44standards: 45 461.Building rooftop stealth antennas shall only be permitted on buildings which are at least forty-five (45) 47feet tall, and must be stealth or architecturally screened; November 9, 2010 102 SUPPLEMENTAL REGULATIONS 1 22.No commercial advertising shall be allowed on an antenna; 3 43.No signals, lights, or illumination shall be permitted on an antenna, unless required by the Federal 5Communications Commission or the Federal Aviation Administration; 6 74.Any related unmanned equipment building shall comply with the Standard Building Code, as amended 8from time to time, and shall not contain more than 750 square feet of gross floor area or be more than 9twelve (12) feet in height; and 10 115.If the equipment building is located on the roof of the building, the area of the equipment building shall 12not occupy more than twenty five percent (25%) of the roof area. 13 146.Each application shall contain a rendering or photograph of the antenna including, but not limited to, 15colors and screening devices. This shall be subject to administrative approval by the Director of 16Development for consistency with the definition of stealth facility. 17 18C.Antenna Dimensions. Antenna dimensions shall be approved by the director of development as 19required by existing technology. A statement shall be submitted, prepared by a professional registered 20engineer licensed to practice in the State of Florida, to certify the need for the required dimensions. 21 22D.Aircraft hazard. Prior to the issuance of a building permit by the building division, department of 23development, the applicant shall provide evidence that the telecommunication towers or antennas are in 24compliance with Federal Aviation Administration (FAA) regulations. Where an antenna will not exceed 25the highest point of the existing structure upon which it is to be mounted, such evidence shall not be 26required. 27 28E.Fees. 29 301.Permit and zoning application fees for telecommunications towers or antennas shall be paid by 31applicant. 32 332.Public building lease agreements will be established by separate instrument. 34 35(Ord. No. 97-10, § 2, 4-15-97) 36 37Sec. 6. Shared Use of Communication Towers. 38 39A.Notwithstanding any other provision of this chapter, to minimize adverse visual impacts associated with 40the proliferation and clustering of telecommunication towers, collocation of facilities on existing or new 41towers shall be encouraged by: 42 431.Issuing permits to Qualified Shared Facilities at locations existing or new towers have sufficient loading 44capacity, as certified by an engineer licensed to practice in the State of Florida; and 45 462.Giving preference to Qualified Shared Facilities over other facilities in authorizing use at particular 47locations. November 9, 2010 103 SUPPLEMENTAL REGULATIONS 1 2B.For a facility to become a “Qualified Shared Facility,” the facility owner must show that: 3 41.The facility is appropriately designed for sharing; and 5 62.The facility owner is prepared to offer adequate space on the facility to others on fair and reasonable, 7nondiscriminatory terms. 8 93.To satisfy the requirements of subsection 1. of this division, the facility owner must submit a written 10evaluation of the structural capacity of the tower. 11 124.The requirements of subsection 2. of this division will be deemed to have been met when an affidavit 13attesting to the execution, by the tower owner/operator, of an agreement authorizing the collocation of 14antenna or other similar telecommunications device. In other cases, the tower owner/operator must enter 15into an agreement with the city, acceptable to the city, to offer space on fair, reasonable, nondiscriminatory 16terms, at a fair market value, and to negotiate leases promptly and without undue delay. A condition of any 17permit for a Qualified Shared Facility shall be that the permit shall be terminated, and the facility removed 18or turned over to the city, if the city finds that the facility owner is not complying with its obligations 19under this Chapter and associated agreements with the city. The tower owner/operator shall have sixty (60) 20days from the date the city provides notice to remedy the deficiency. 21 225.Collocation of communication antennas by more than one provider on existing or new 23telecommunication towers shall take precedence over the construction of new single-use 24telecommunication towers. Accordingly, each application for a telecommunication tower shall include the 25following: 26 27a.A written evaluation of the feasibility of sharing a telecommunication tower, if an appropriate 28telecommunication tower or towers is/are available. The evaluation shall analyze one or more of the 29following factors: 30 31(1)Structural capacity of the tower or towers; 32 33(2)Radio frequency interference; 34 35(3)Geographical service area requirements; 36 37(4)Mechanical or electrical incompatibility; 38 39(5)Inability or ability to locate equipment on the tower or towers; 40 41(6)Availability of towers for collocation; 42 43(7)Any restrictions or limitations of the Federal Communications Commission that would preclude the 44shared use of the tower. 45 46(8)Additional information requested by the city. 47 November 9, 2010 104 SUPPLEMENTAL REGULATIONS 1b.The city may consider the ability of a provider to collocate on an existing structure in reviewing an 2application for a telecommunications tower. 3 4F.A telecommunication tower that is determined to be inappropriate for sharing shall be assumed to be 5inappropriate for sharing the same types of facilities in the future. Such towers will not need to be 6evaluated in the future regarding sharing with the same type of facility for which it has been determined to 7be inappropriate. The development department shall retain a list of such towers, and will provide a copy of 8the list to all potential applicants. The city may require additional sharing feasibility evaluations if 9warranted by changes in technology. 10 11G.For any telecommunications tower approved for shared use, the owner of the tower shall provide notice 12of the location of the telecommunication tower and the tower's load capacity to all other providers. 13 14H.Public land or right-of-way lease agreements with respect to collocation of antennas will be established 15by separate instrument. 16 17(Ord. No. 97-10, § 2, 4-15-97) 18 19Sec. 7. Applications. 20 21A.The City shall act promptly on any application submitted in accordance with the provisions of this 22chapter. All applications shall be submitted to the Siting Review Committee Coordinator, as designated by 23the City Manager. The Siting Review Committee shall consist of staff members appointed by the City 24Manager, and shall place the application into one of the following categories: 25 261.Tower siting; 27 282.Collocation; 29 303.Tower replacement; and 31 324.Rooftop or building antennas. 33 34The coordinator shall begin the review outlined in this Chapter, and schedule meetings with the Siting Review 35Committee and/or applicant as necessary. 36 37The reasons for rejecting any application filed under these provisions shall be explained, set forth in writing 38and be based on substantial evidence. The rejection of an application under this chapter does not prevent a 39person from filing an application for a special exception in accordance with applicable law. 40 41B.The issuance of a permit, however, is not a lease and no municipally-owned property may be used 42without a lease agreement with the City. The City may, as appropriate, to protect its property and the 43publicinterest, establish additional requirements beyond the minimum requirements of a permit for 44municipally-owned property. This provision further does not preclude the city from issuing a letter of 45interest for the purposes of leasing sites on designated city property for the construction and installation of 46personal wireless service facilities. For designated neighborhood parks, the city will encourage the November 9, 2010 105 SUPPLEMENTAL REGULATIONS 1installation of facilities which have a minimal impact on the surrounding areas and are consistent with the 2development of the park. 3 4(Ord. No. 97-10, § 2, 4-15-97) 5 Section 14. Penalties. 6 7 8The City or any other legal authority shall enforce any violation of this article pursuant to the 9penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 10Regulations. 11 12 13 14 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 3 Zoning\Final\Article V Supplemental Regulations.doc November 9, 2010 106 SITE DEVELOPMENT STANDARDS CHAPTER 4. SITE DEVELOPMENT STANDARDS 1 2 3Article I. Environmental Protection Standards 4Article II. Landscape Design and Buffering Standards 5Article III. Exterior Building and Site Design Standards 6Article IV. Sign Standards 7Article V. Minimum Off-Street Parking Requirements 8Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards 9Article VII. Exterior Lighting Standards 10Article VIII. Utility and Infrastructure Design Standards 11Article IX. Building, Construction, and Historic Preservation 12Article X. Flood Prevention Requirements 13Article XI. Excavation and Fill Regulations 14 ARTICLE I. ENVIRONMENTAL PROTECTION STANDARDS 15 16 Section 1. General. 17 18 A. Short Title. 19This article shall be known and may be cited as the “City Tree 20Preservation Ordinance.” 21 B. Purpose and Intent. 22 The City recognizes the inherent value of trees and other 23plant material. Healthy vegetation aids in reducing destructive environmental factors to 24real property, such as wind, noise, and the potential for erosion to the City’s soils and 25beaches. Trees and shrubs contribute towards energy conservation and management by 26producing oxygen and absorbing carbon dioxide.They have a positive effect in surface 27drainage, and help to provide a beautiful and aesthetic environment for residents, 28businesses, and visitors. The purpose and intent of these regulations, therefore, is to 29promote the health, safety, and welfare of the community by establishing rules and 30regulations governing the protection of trees and vegetation, in conjunction with 31encouraging the installation and / or proliferation of healthy trees in shrubs and 32appropriate locations and quantities. 33 C.Administration. 34 The Director of Planning & Zoning or designee shall have 35the authority to interpret and administer this article. 36 D. Applicability. 37 The provisions of this article shall apply to all real property in 38the City that is intended for development or redevelopment, and when such tree removal 39activity is initiated by the property owner or agent thereof. 40 E. Exemptions. 41 The protection standards and permitting processes of this article 42shall not apply to the following: 43 1.Single-Family Homes and Duplexes. 44 Individually platted lots 45containing single-family homes and duplexes located within single-family and 46two-family residential zoning districts are exempt from the protection standards 47and permitting processes of this article, provided they do not contain specimen 48trees. Specimen trees shall be protected in accordance with Section 3.B below. August 2, 2010 ENVIRONMENTAL PROTECTION STANDARDS 1 2. Community Garden. 2All fruits, vegetables, nuts, and herbs shall be 3exempt from the provisions of this article with respect to those that are planted 4and growing on the premises in connection with a community garden and when 5approved by the City pursuant to a zoning permit or conditional use / site plan 6approval, whichever is applicable. 7 3. Nurseries and Tree Farms. 8 All licensed plant or tree nurseries or tree 9farms shall be exempt from the provisions of this article only in relation to those 10trees planted and growing on the premises of such licensed business, which are 11so planted and growing for the sale or intended sale to the general public in the 12ordinary course of such business. 13 4. Public Utility Agencies. 14 Public utility agencies are authorized to 15remove existing trees that interfere with infrastructure located within easements 16or rights-of-way, or which otherwise endanger the safety and welfare of the 17public, without the requirement or need to obtain a City permit. 18 5.Emergencies. 19 The provisions of this article may be waived by the 20Director of Development during a period of emergency, such as during a 21hurricane, tropical storm, flood, or any other Act of God. 22 6. Hazardous or Diseased Trees. 23 No permit is required to remove 24hazardous or diseased trees, provided that the subject trees are removed under 25the supervision of a Certified Arborist in accordance with the standards of the 26International Society Arboriculture (ISA). 27 F.Terms and Definitions. 28 See Chapter 1, Article II for all applicable terms 29and definitions which pertain to the regulations and standards contained herein. 30 G. Conflict. 31Whenever the regulations and requirements of this code conflict 32with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the 33most restrictive shall apply, unless otherwise stated herein. 34 Section 2. City Approval Required. 35 36 37No plant material or vegetation shall be cut down, moved or removed, destroyed or effectively 38destroyed through damaging without first securing the necessary City approvals and permits as 39provided hereunder, except in instances when exempt from these regulations in accordance with 40Section 1.E. above. The following processes and permits shall be available to ensure that all 41clearing and grubbing activities comply with the standards of this article: 42 A. Private Property and Public Lands. 43 The property owner or agent shall 44file the following applications prior to commencement of any of the aforementioned 45clearing and grubbing activities: 46 November 9, 2010 2 ENVIRONMENTAL PROTECTION STANDARDS 1. Site Plan Review. 1 Except for individually platted lots containing 2single-family and duplex homes located within single-family and two-family 3residential zoning districts, the site plan review process shall be required and 4reviewed in accordance with the procedures set forth in Chapter 2, Article II, 5Section 2.F. prior to the issuance of any land development permit. For the 6purpose of this subsection, the term “site plan” is construed to include master 7site plan and technical site plan applications, and to ultimately mean the process 8by which a landscape plan is approved.The City Forester may require the 9submittal of a tree survey, tree management plan, Native Florida Ecosystem 10Survey or Inventory, or a combination thereof, as part of the site plan 11application, when determined necessary to identify specimen trees or to ensure 12compliance with the preservation efforts of Section 3.B below. 13 2. Land Development Permit. 14 The land development permit process shall 15be required, and initiated only subsequent to the approval of a site plan 16(landscape plan) application, except in those instances when site plan review is 17not required. The land development permit application shall be processed in 18accordance with the procedures set forth in Chapter 2, Article III, Section 3. 19The City Forester may require the submittal of a tree survey, tree management 20plan, Native Florida Ecosystem Survey or Inventory, or a combination thereof, 21as part of the land development permit application, when determined necessary 22to identify specimen trees or to ensure compliance with the preservation efforts 23of Section 3.B below. The issuance of a land development permit shall not 24relieve any party from obtaining the necessary permits which may be required 25by the various federal, state, or local government agencies. 26 B. City Rights-of-Way. 27 A right-of-way permit application shall be required for 28any proposal to remove plant material from a City right-of-way in accordance with the 29procedures set forth in Chapter 2, Article III, Section 4. The City Forester may require 30the submittal of a tree survey, tree management plan, Native Florida Ecosystem Survey 31or Inventory, or a combination thereof, as part of the City right-of-way permit 32application, when determined necessary to identify specimen trees or to ensure 33compliance with the preservation efforts of Section 3.B below. 34 Section 3. Standards 35. 36 37The following standards shall be considered in order to ensure the protection of existing 38vegetation: 39 A. General. 40 All proposed developments shall be designed to preserve, 41perpetuate, and improve the existing natural character of the site. Existing native trees 42and other landscape features shall, to the maximum extent possible, be preserved in their 43natural state; and additional landscape features shall be provided to enhance 44architectural features, to relate structural design to the site, and to conceal unattractive 45uses. In all instances the City's landscaping requirements and all other applicable 46regulations shall be fully complied with as minimum standards. No tree shall be November 9, 2010 3 ENVIRONMENTAL PROTECTION STANDARDS 1removed from any City property, lands, public park, or any areas within a City right-of- 2way except in accordance with the provisions of this article. 3 B. Preservation Efforts. 4 5 1.Beach Dunes 6. The natural vegetative cover on beach dunes shall be 7preserved in an undisturbed state of growth as a fragile ecosystem. No beach 8dune vegetation, grass, sea grape, and tree development shall be altered, 9removed, or changed except in accordance with federal, state, county, and local 10regulations. 11 2.Mangrove Areas 12. Well-documented scientific research has 13established that mangrove areas are the ecological base of the biological food 14chain for many important species, including some species of fish that are 15important for sport and commercial fishing. Mangrove trees, which are of 16considerable aesthetic value, also serve as protection against storm surge as well 17as provide a habitat / shelter for birds and other wildlife. For these reasons, land 18development and construction thereon, shall be conserved to the maximum 19extent possible and only altered in accordance with federal, state, county, and 20local regulations. 21 3.Specimen Tree Designation 22. The Director of Development may, 23by written request to the City Manager recommend from time to time the official 24designation of certain trees located within the City as specimen trees. If the City 25Manager approves such recommendation, the matter shall be presented to the 26City Commission for final determination. The City shall notify by certified mail 27the affected property owner of the proposed hearing. The City 28Commission shall accept, modify or deny the staff recommendation. Any 29proposal to remove a specimen tree shall be mitigated in accordance with 30Section 2.C below. 31 4.Environmentally Sensitive Lands. 32 33 a. General. 34 The purpose and intent of this section is to 35preserve and protect the values and functions of environmentally 36sensitive lands from alterations that would result in the loss of these 37lands or significant degradation of their values and functions. 38 b. Applicability 39. This subsection applies to all properties 40that contain environmentally sensitive lands with an “A”, “B”, or “C” 41rating as pursuant to Table 2 of the Conservation Element of the 42Comprehensive Plan. 43 c. Standards 44. The following standards shall promote the 45preservation of natural resource sites: 46 November 9, 2010 4 ENVIRONMENTAL PROTECTION STANDARDS 1(1) If the property proposed for development is greater than 210 acres, or is a portion of a larger tract containing 10 or more 3acres of environmentally sensitive lands designated as an “A” 4rated site, the developer shall be required to preserve a minimum 5of twenty-five 25% of all native plant communities on the site in 6one (1) unified preserve. Habitat shall be preserved with intact 7canopy, under story and ground cover. 8 9(2) If the property proposed for development is greater than 1010 acres and has been designated as a “B” or “C” rated site, the 11developer shall be required to preserve a minimum of 25% of all 12native plant communities on the site. The preserve areas may be 13separated into micro preserves. Habitat shall be preserved with 14intact canopy, under story and ground cover. 15 16(3) Natural resource sites identified in Table 2 of the 17Conservation Element of the Comprehensive Plan and that 18exceeds 10 acres shall be subject to the 25% preserve area set 19aside notwithstanding subdivision into smaller parts. 20 21(4) The specific location of the preservation area shall be 22determined during the review of a master plan or site plan. If no 23master plan or site plan is required, then such determination shall 24occur during the review of the proposed plat. The ultimate area 25to be preserved shall be indicated on the approved plan and any 26corresponding plat. In determining the most appropriate location 27for the preserve area within the site, the City shall consider 28factors, which include, but are not limited to the following: 1) 29proximity of the preserve area to developed and undeveloped 30property; 2) potential for immediate or future consolidation with 31environmentally sensitive lands on abutting properties; 3) ability 32to maintain the preserve area based upon surrounding 33development and land uses; and 4) the recommendations of staff 34or any consultants retained by the City. The Preserve Area shall 35be maintained in accordance with a City approved Preserve Area 36Management Plan. 37 C. Mitigation of Existing Trees. 38 All existing trees that are not preserved in 39place, or relocated on-site (as requested by the developer) shall be mitigated in 40connection with a land development permit, by installing replacement trees in 41accordance with the following: 42 1. Total Number of Trees. 43 The total number of existing trees shall be 44replaced on-site with an equal or greater number of replacement trees; 45 November 9, 2010 5 ENVIRONMENTAL PROTECTION STANDARDS 2.Caliper Inches. 1 The cumulative caliper inches of existing trees (to 2be removed) shall be replaced on-site with an equal or greater number of caliper 3inches of replacement trees. 4 3. Species. 5 All replacement trees must be Florida-Friendly and 6drought tolerant species and comply with Chapter 4, Article II, Section 4.A.1. 7 4.Size. 8 The minimum size of all replacement trees, including their height 9and caliper inches shall comply with the standards of Chapter 4, Article II, 10Section 4.A.3, regardless of whether the existing tree with which it is replacing 11meets the minimum standards thereto. 12 5. Prohibited Trees, Invasive, and Exotic Species. 13See Section 5 below 14for the mitigation requirements and removal provisions of prohibited, exotic, 15and invasive species. 16 6.Miscellaneous. 17 On-site tree replacement requirements may be 18changed or reduced by the Director of Planning and Zoning or designee if 19determined that on-site conditions make conformance impractical. The type and 20size of all replacement trees shall comply with Florida Power & Light 21Company’s “Plant the Right Tree in the Right Place” publication, where 22applicable, and with city regulations where located within utility easements. 23 D.Forestry Practices and Procedures. 24 25 1. General. 26The Director of Planning and Zoning or designee shall 27use “The Urban Forestry Manual (L)-Trees and Construction”, United States 28Department of Agriculture Forest Service, 2005 edition or latest supplement 29thereof as the arboricultural standard when determining which forestry practice 30or procedure to apply when reviewing the following types of activities: 1) any 31proposal to relocate, replace, or remove trees that are subject to the standards 32and permitting processes of this article; 2) any proposal where the grade of the 33site is to be raised or lowered around an existing plant; 3) where ditching for 34utilities, foundations, swimming pools, driveways or the like will severely cut 35root systems; 4) where large paved areas will delete the water supply and 36aeration necessary for the life of the tree or shrub; 5) or where a change in the 37grade or drainage of development will seriously harm natural areas to be 38retained. 39 2. Land Clearing and Construction. 40 41 a. 42 During the land clearing and construction stage of development, 43the developer shall erect and maintain protective barriers (to City 44requirements consistent with best management practices) around all 45trees or groups of trees to be protected. The developer shall not allow 46the movement of equipment or the storage of equipment, materials, 47debris or fill to be placed within the protective barrier. November 9, 2010 6 ENVIRONMENTAL PROTECTION STANDARDS 1 b. 2 During the construction stage of development, the developer 3shall not allow the cleaning of equipment or material within the drip line 4of any protected tree or groups of trees. Neither shall the developer 5allow the disposal of waste materials such as paint, oil solvents, asphalt, 6concrete, mortar, and the like within the drip line of any tree or groups 7of trees. 8 c. 9 No attachments or wires other than those of a protective nature 10shall be attached to any tree. 11 E. Seeding and Mulching. 12 Properties shall be seeded with drought tolerant 13grass or other Florida-Friendly landscape material, and mulched within 30 days after 14any clearing, grubbing, excavating, or filling activity, or prior to request for inspection 15to close out the land development permit, whichever occurs first, or subsequent to other 16major building demolition or site work. In the case where other site work is to occur 17and seeding and mulching will not be performed, the other site precautions, such as silt 18or erosion control fencing as deemed appropriate, protection of storm drains, etc., shall 19be immediately implemented. Staff shall inspect the seeded and mulched areas to 20ensure that adequate ground coverage has been obtained. Repeated seeding and 21mulching may be required until the satisfactory coverage is accomplished. 22 Section 4.Hazardous or Diseased Trees. 23 24 25Any dying or dead tree the City determines poses a threat, hazard, or danger to the public shall 26be removed without delay by the property owner, without the need for obtaining a permit, 27provided the subject tree is removed under the supervision of a Certified Arborist in accordance 28with the standards of the International Society Arboriculture (ISA). This provision shall include 29diseased trees or those in a condition that could potentially contaminate other trees, such as the 30lethal yellowing of coconut palm trees. 31 Section 5.Prohibited Trees, Exotic, and Invasive Species. 32 33 A. General. 34Plants classified as a Category I species on the current prohibited 35list published by the Florida Exotic Pest Plant Council (FLEPPC) is not allowed within 36the City. 37 B. Tree Removal and Mitigation. 38 Any tree classified as a prohibited species 39under this subsection shall be removed at the expense of the property owner in 40accordance with the following: 41 1. Vacant and Undeveloped Property. 42 43 a. Less than Two (2) Acres. 44 If the parcel of property is less than 45two (2) acres, no permit or review by the City is required to remove the 46exotic tree species listed above. A courtesy inspection and identification November 9, 2010 7 ENVIRONMENTAL PROTECTION STANDARDS 1of exotic species may be performed by staff, at no cost to the property 2owner, upon request of the property owner. 3 b.Two (2) Acres or Greater. 4 If the parcel of property is equal to 5or greater than two (2) acres, a land development permit shall be 6required in accordance with the procedures set forth in Chapter 2, 7Article III, Section 3 to remove exotic and invasive species, except 8where exempt under the provisions of Section 1.E above. 9 2. Developed Property. 10 On properties that have valid site plan (landscape 11plan) approval, no land development permit shall be required to remove exotic 12or invasive trees unless the subject trees were previously approved as part of, or 13contribute to landscape buffering, or to otherwise comply with the standards of 14Chapter 2, Article II Landscape Design and Buffering Standards. In these 15instances, the removal of all such trees shall be subject to the mitigation 16requirements of Section 3.C above at the expense of the property owner. For the 17purpose of this section, the term “site plan” is construed to include master site 18plan and technical site plan applications, and to ultimately mean the process by 19which a landscape plan is approved. 20 Section 6. Appeals. 21 22 AGeneral. 23. Any aggrieved person may appeal a decision of an administrative 24official in accordance with Chapter 1, Article VIII, Section 1. 25 B. Environmentally Sensitive Lands. 26 When appealing the provisions of Section 273.B.4 above, the appellant shall address the following: 28 1. 29 Whether the subject property is an environmentally sensitive land or 30contains endangered, threatened, and rear species and / or species of special 31concern in accordance with the definitions in Chapter 1, Article II; and 32 2. 33 Whether the conditions placed on the development application are 34reasonable and represent sound environmental practices necessary to mitigate 35possible harmful impacts upon the subject property and are necessary in order to 36protect the health, safety, and welfare of the citizens of the City. 37 Section 7. Penalties. 38 39 40The City or any other legal authority shall enforce any violation of this article pursuant to the 41penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 42Regulations. In addition, the removal of each tree shall constitute a separate offense under this 43article. 44 45ARTICLE I. TREE PRESERVATION 46Section 1. Short title. 47 This article shall be known and may be cited as the “City Tree Preservation Ordinance.” November 9, 2010 8 ENVIRONMENTAL PROTECTION STANDARDS 1 2Section 2. Purposes. 3 The purposes of this article are to establish rules and regulations governing the protection of 4trees and vegetative cover within the limits of the City of Boynton Beach, to encourage the 5proliferation of trees and vegetation within the city as well as their replacement, in recognition 6of their importance and their meaningful contribution to energy conservation and management, 7to a healthy, beautiful and safer community attributable to their carbon dioxide absorption, 8oxygen production, dust filtration, wind and noise reduction, soil erosion prevention, beach 9erosion protection, surface drainage improvement, beautification and aesthetic enhancement of 10improved and vacant lands, and the general promotion of the health, safety, welfare and well 11being of the community. 12 13Section 3. Definitions. 14 A. Buildable area: “Buildable area” shall be defined to mean that portion of a building site 15exclusive of the required yard areas on which a structure or building improvements may be 16erected. 17 18 B. City inspector: The city forester or any person designated by the city manager to 19enforce the provisions of this article. 20 21 C. Drip line: A vertical line running through the outermost port of the crown of a tree and 22extending to the ground, provided, however, that the same shall not be less than a ten-foot 23diameter circle which is drawn from the center line of the trunk of a tree. 24 25 D. Mangrove trees: A “mangrove tree” is any plant belonging to any of the following 26species of mangroves: Rhizophora mangle, the red mangrove; Laguncularia racemosa, the 27white mangrove, and Avicennia nitida, the black mangrove. 28 29 E. Removal: “Removal of trees” also includes any intentional or negligent act which will 30cause a tree to decline and die within a period of three (3) years including, but not limited to, 31such damage inflicted upon the root system of a tree by the operation of heavy machinery; the 32change of the natural grade above the root system of a tree or around the trunk of a tree; and 33damage from injury or from fire inflicted on trees which results in or permits infections or pest 34infestations. 35 36 F. Shrub: “Shrub” shall mean a bushy, woody plant, usually with several permanent 37stems, and usually not over ten (10) feet high at its maturity. 38 39 G. Specimen tree: A “specimen tree” shall mean a tree which has been determined by the 40judgment of the city inspector to be of high value because of its type, size, age or other 41professional criteria, and has been so designated and that designation has been officially made 42and promulgated as part of the official records of the City of Boynton Beach. 43 44 H. Tree: Any self-supporting woody perennial plant which has a trunk diameter of two 45(2) inches or more when measured at a point four and one-half (4 1/2) feet above ground level 46and which normally attains an overall height of at least ten (10) feet at maturity usually with one 47main stem or trunk and many branches. It may appear to have several stems or trunks as in November 9, 2010 9 ENVIRONMENTAL PROTECTION STANDARDS 1several varieties of oak. All mangrove trees shall be included hereunder, which are four (4) feet 2or more in height. 3 4 I. Yard area: “Yard area” shall mean the front, side and rear yard areas as established and 5required under the comprehensive zoning code and the zoning district requirements as 6applicable thereto. 7 8Section 4. Application of article provisions. 9 The terms and provisions of this article shall apply to real property as follows: 10 11 A. All real property upon which specimen trees are located which trees have been 12designated as such under the provisions of this article. 13 14 B. All vacant and undeveloped property. 15 16 C. All property in all zoning classifications that is intended to be redeveloped. 17 18 D. The yard areas of all developed property except that property which is developed with 19single-family or two-family dwelling units, provided the trees designated as specimen trees are 20not involved. “Developed” as used in this section shall mean those parcels of land within 21approved subdivisions which contain roads and utilities. 22 23Section 5. Permit required. 24 A. Tree permits. No person, organization, society, association or corporation, or any 25agent or representative thereof, directly or indirectly, shall cut down, destroy, remove or move, 26or effectively destroy through damaging, any tree as defined by this article, situated on a 27property described above without first obtaining a tree permit. 28 29 B. Land-clearing, removing or filling permits. No person, organization, society, 30association or corporation, or any agent or representative thereof, directly or indirectly, shall 31engage in land-clearing, land-removing or land-filling activities in the City of Boynton Beach, 32or use, operate, propel or maintain in use any bulldozer, pay loader, front end loader, back hoe, 33drag line, power shovel, road grader, dump truck, dredge, sand pumping machine, pump line, 34fill spreader or other heavy duty land-clearing, land-removing or land-filling equipment without 35first obtaining a permit. 36 37Section 6. Application for permit. 38 All permits required under Section 5 shall be obtained by making application for the permit 39to the development department. The application shall be accompanied by a written statement 40specifying the location of the property and the expected land use and indicating the reasons for 41removal, relocation or replacement of trees thereon. Said application shall be accompanied by 42four (4) copies of a legible site plan drawn to a minimum scale of one inch equals twenty (20) 43feet unless, in the discretion of the city inspector, it has been determined that a lesser detailed 44scale site plan of the area involved, either in whole or in part, will be sufficient for the purposes 45of this article in which case an appropriate substitution shall be acceptable. Aerial photographs 46having a minimum scale of one inch equals fifty (50) feet may also be submitted for 47consideration of the city inspector as such an acceptable substitute for a site plan. November 9, 2010 10 ENVIRONMENTAL PROTECTION STANDARDS 1 2Section 7. Site plan information. 3 Site plans submitted in connection with applications for permits for the removal, relocation 4or replacement of trees shall include the following information and details which shall be 5summarized in license form on the plan: 6 7 A. Location of all existing or proposed structures, improvements and site uses, property 8dimensioned and referenced property lines, setback and yard requirements and spatial 9relationships. 10 11 B. Existing and proposed site elevations, grades and major contours. 12 13 C. Location of existing or proposed utility services. 14 15 D. The common and botanical names, sizes and location of all trees or shrubs on the site, 16designating the trees, shrubs or natural vegetative cover which are respectively to be retained, 17removed, relocated or replaced. Groups of trees in close proximity may be designated as 18“clumps” of trees with the predominate type, estimated number and average diameter noted. 19 20Section 8. Alternate site plan information. 21 In the event that there are no trees, shrubs or vegetative cover located on the site to be 22developed which are required to be protected under the provisions of this article, the applicant 23shall so state in his application for permit hereunder. If such statement is substantiated by a 24field inspection of the site by the city inspector, the applicant shall be relieved of the necessity 25of supplying unnecessary or unimportant information. 26 27Section 9. Pre-application inspection service. 28 In connection with the applications under the alternate site plan procedure and in connection 29with applications involving large tracts of property, the city inspector shall make his services 30available for pre-application inspections of the sites involved. 31 32Section 10. Application processing and review. 33 Upon receipt of a proper application pursuant to this article together with payment of a fee 34required thereon, the development department shall promptly review the same and shall forward 35said application to the appropriate city departments for their detailed examination review and 36report. 37 38Section 11. Issuance of permits. 39 If the building inspector, based upon the recommendations and findings of the city 40departments, is satisfied that the work of removing, relocating or replacing trees, shrubs or 41natural vegetative cover, described in the application for permit and the drawings filed 42therewith conform to the requirements of this article and the other laws and ordinances 43applicable, he shall issue a permit therefor to the applicant. 44 45Section 12. Special conditions for issuance of permits for removal. 46 No permit shall be issued for the removal of trees, shrubs or vegetative cover unless one of 47the following conditions exists: November 9, 2010 11 ENVIRONMENTAL PROTECTION STANDARDS 1 2 A. The tree is located in the buildable area of yard area where a structure or improvements 3may be placed and it unreasonably restricts the permitted use of the property and such tree 4cannot reasonably be relocated elsewhere on the property. 5 6 B. The tree cannot be relocated on or off the site because of the age, type or size of the 7tree. 8 9 C. The tree is diseased, injured, in danger of falling, too close to existing or proposed 10structures, interferes with existing utility service, creates unsafe vision clearance, or conflicts 11with other ordinances or regulations. 12 13 D. Where tree removal is consistent with an approved subdivision plat or site plan. 14 15 E. It is in the welfare of the general public that the tree be removed for a reason other than 16set forth above. 17 18Section 13. Special conditions for issuance of permits for relocation or replacement. 19 Pursuant to an application for a permit to relocate trees which interfere with the buildable 20area of the site to an alternate location on the property or as a condition to the granting of a 21removal permit hereunder, the applicant may be permitted, where practical, to relocate the tree 22being removed to an appropriate new location on the site. Similarly, an applicant may be 23permitted to replace a tree being removed with another tree to be located elsewhere on the site. 24All replacement trees shall be of a type that will attain an overall height at maturity of at least 25fifteen (15) feet and a trunk diameter at maturity of at least three (3) inches, measured four and 26one-half (4 1/2 feet above grade, and shall be a minimum of ten (10) feet in overall height when 27planted. 28 29Section 14. Tree removal or relocation permit fee. 30 Permits for removal, relocation or replacement of trees pursuant to the regulations and 31controls provided under the city tree preservation ordinance are hereby established in 32accordance with the following schedule: 33 34 A. Three dollars ($3.00) per lot for each lot contained in the legal description of the 35property, or five dollars ($5.00) per acre, whichever is larger. 36 37 B. Minimum fee to be ten dollars ($10.00) per application. 38 39Section 15. Tree protection. 40 A. During the land clearing and construction stage of development, the developer shall 41erect and maintain protective barriers (to city inspector's specifications consistent with good 42management practices) around all trees or groups of trees to be protected. The developer shall 43not allow the movement of equipment or the storage of equipment, materials, debris or fill to be 44placed within the protective barrier. 45 46 B. During the construction stage of development, the developer shall not allow the 47cleaning of equipment or material within the drip line of any tree or groups of trees to be November 9, 2010 12 ENVIRONMENTAL PROTECTION STANDARDS 1protected. Neither shall the developer allow the disposal of waste materials such as paint, oil 2solvents, asphalt, concrete, mortar and so on within the drip line of any tree or groups of trees. 3 4 C. No attachments or wires other than those of a protective nature shall be attached to any 5tree. 6 7 D. During the land clearing and construction stage of development, the director of the 8development department or his assigned officer, shall periodically inspect the site to insure 9compliance with the provisions of this article. 10 11 E. Tree location and replacement activity permitted or required under this article shall be 12done in accordance with standard forestry practices and procedures (reference “Tree Protection 13Manual for Builders and Developers,” issued by the State of Florida, Division of Forestry, on 14file with the city clerk), and all such plantings shall be reasonably maintained and attended to 15promote successful establishment thereof. 16 17Section 15.1. Hazardous trees exempt from written permit requirement. 18 In the event that any tree shall be determined to be in a hazardous or dangerous condition so 19as to endanger the public health, welfare or safety, and requires immediate removal without 20delay, verbal authorization may be given by the development department and the trees removed 21without obtaining a written permit as herein required. 22 23Section 16. Exceptions due to emergencies. 24 During the period of an emergency such as a hurricane, tropical storm, flood or any other 25Act of God, the requirements of this article may be waived by the development department. 26 27Section 17. Exemptions to nurseries, tree farms. 28 All licensed plant or tree nurseries or tree farms shall be exempt from the terms and 29provisions of this article only in relation to those trees planted and growing on the premises of 30said licensee, which are so planted and growing for the sale or intended sale to the general 31public in the ordinary course of said licensee's business. 32 33Section 18. Exemptions for betterment plans. 34 Applicants for permits shall be entitled to demonstrate by means of a proper landscape plan 35that an improvement or betterment of the environment can be accomplished over the existing 36site conditions, if such landscape plan is carried out to its fullest. If such a detailed landscape 37plan is so offered and is accepted by the city, the applicant shall guarantee by adequate bond or 38other city-approved surety the faithful adherence and completion of such landscape plan. The 39surety shall: 40 41 A. Run to the City Commission. 42 43 B. Be in a form satisfactory and acceptable to the city manager. 44 45 C. Specify the time for completion of the requirements as determined by the city manager. 46 47Section 18.1. Exemptions for public utilities. November 9, 2010 13 ENVIRONMENTAL PROTECTION STANDARDS 1 All public utilities may remove without permit, trees which endanger public safety and 2welfare, or which interfere with utility services which are located within utility easements and 3public rights-of-ways. 4 5Section 19. Removal of certain trees; conditions; restoration of area; penalty for violation. 6 A. Removal. The following trees may be removed subject to the conditions hereinafter set 7forth: 8 9 1. Schinus herebenthin folus (Brazilian Pepper/Florida Holly Tree); 10 11 2. Melaleuca leucadendron (Melaleuca); 12 13 3. Casuarina Spec (Australian Pine); 14 15 4. Acacia auriculiformis (Earleaf Acacia); 16 17 5. Palm Beach County's “prohibited plant species” list and “invasive non-native plant” 18listings. 19 20 B. Conditions for removal: 21 22 1. If the parcel of property is under two (2) acres in size, no permit or review by the 23city is required to remove the exotic tree species listed in subsection (A). A courtesy inspection 24and identification of exotic species may be performed by staff, at no cost to the property owner, 25upon request of the property owner. 26 27 2. If the parcel of property is in excess of two (2) acres in size a permit is required to 28remove the exotic species listed in subsection (A). Applications for permit shall be made to the 29development department. The permit information required of the applicant shall be of such 30form and design as set forth by the city forester/environmentalist. The permit application fee 31shall be thirty-five dollars ($35.00). The city forester/environmentalist shall review such permit 32applications and inspect the site to determine the location of exotics on the site and that the 33extent and removal method proposed is appropriate. 34 35 C. Seeding and mulching. If no other building construction is to occur on the site, after 36the removal of the exotic species as approved, if the area cleared is not adequately covered with 37grasses within thirty (30) days, the disturbed areas shall be seeded and mulched. The seed and 38mulch shall be inspected by the city forester to ensure adequate ground coverage and repeated 39applications may be required until satisfactory coverage is obtained. 40 41 D. Penalty for violation. Any person, firm or corporation convicted in a court of 42competent jurisdiction of a violation of this section shall be guilty of a misdemeanor of the 43second degree, punishable by a fine and/or incarceration as provided by law. 44 45Section 20. Disposal of diseased trees. 46 Trees which are found to be diseased by the city inspector, and to be in danger of 47contaminating other trees or of spreading such tree infection or disease, shall be removed and November 9, 2010 14 ENVIRONMENTAL PROTECTION STANDARDS 1disposed of, if necessary, without undue delay and on an emergency basis, as the circumstances 2may require. The lethal yellowing of coconut disease shall be considered such an emergency 3type of tree infection or disease. 4 5Section 21. Designation of specimen trees. 6 The city forester may by written request to the city manager recommend from time to time 7the establishment of official designation certain trees located within the City of Boynton Beach 8as specimen trees. Upon receipt of such a written recommendation, the city manager shall 9review same and add thereto his own comments and recommendations. If the city manager 10approves such recommendation, the matter shall be presented to the City Commission for their 11determination. The City Commission shall notify by certified mail the affected property owner 12of the proposed hearing and conduct a public hearing to consider the report of the city forester 13and the recommendation of the city manager and shall either accept, modify or deny same and 14shall designate by resolution those trees it deems appropriate as specimen trees. 15 16Section 22. Natural growth to be preserved. 17 Every effort shall be put forth on all undeveloped property to retain particular area of natural 18vegetative cover that is determined by the city inspector to be a fragile ecosystem, unique, 19valuable or nearly extinct in our area, unless it would unduly restrict the use of surrounding 20property or create a condition of undue hardship on said owner. 21 22Section 23. Natural vegetative cover on beach dunes. 23 The natural vegetative cover on beach dunes shall be preserved in an undisturbed state of 24growth as a fragile ecosystem. Such beach dune vegetation, grass, sea grape and tree 25development shall be altered, removed or changed only in accordance with the requirements of 26this article except as to nature trails, walks or pathways which may cross over same. 27 28Section 23.1. Preservation of mangrove areas. 29 Well-documented scientific research has established that mangrove areas are the ecological 30base of the biological food chain for many important species, including some species of fish 31which are important for sport and commercial fishing. Mangrove trees also provide a habitat 32and shelter for birds and other organisms and are possessed of considerable aesthetic value as 33well as providing for a storm surge barrier. For these reasons, land development and 34construction thereon, should be consistent with maximum possible conservation of mangrove 35wetlands. 36 37Section 24. Procedures of city inspector to be followed. 38 All necessary procedures outlined by the city inspector shall be followed in instances where 39the grade site is to be raised or lowered around an existing plant, where ditching for utilities, 40foundations, swimming pools, driveways or the like will severely cut root systems, or where 41large paved areas will delete the water supply and aeration necessary for the life of the tree or 42shrub, or where a change in the grade or drainage of development will seriously harm natural 43areas to be retained. In making this determination of the necessary procedure, the city inspector 44shall use the “Tree Protection Manual for Builders and Developers” to determine what is 45reasonable under the circumstances. 46 47Section 25. Public lands. November 9, 2010 15 ENVIRONMENTAL PROTECTION STANDARDS 1 No tree shall be removed from any city lands, public park or any areas of the public right-of- 2way except in accordance with the provisions of this article. 3 4Section 26. Reserved. 5Section 26.1. Reserved. 6Section 27. Penalty. 7 A. Any person or organization, society, association or corporation, or any agent or 8representative thereof, violating the provisions of any section of this article shall, upon 9conviction, receive a fine of up to five hundred dollars ($500.00) and/or sixty (60) days in the 10county jail. The removal of each tree shall constitute a separate offense under this article. 11 12 B. Any person who violates the provisions of this article shall be deemed guilty of a 13misdemeanor and the conviction thereof shall be grounds for the revocation or suspension of 14any permit granted for the construction or remodeling of any building or structure on the site so 15involved. 16 17 C. No building permit or certificate of occupancy shall be issued for any improvements 18upon a property where the provisions of this article have not been complied with. 19 20Section 28-30. Reserved. 21 22ARTICLE IV. ENVIRONMENTALLY 23SENSITIVE LANDS 24Section 1. Permitting requirements, environmental protection. 25 The purpose of this section is to preserve and protect the values and functions of 26environmentally sensitive lands from alterations that would result in the loss of these lands or 27significant degradation of their values and functions. An environmental impact statement shall 28be submitted with all applications for site plan or subdivision approval and such statement shall 29address and identify any and all endangered, threatened and rare species and species of special 30concern as defined in Section 2.C herein below as well as areas of concern set forth in the Palm 31Beach County Wellfield Protection Ordinance. If none exist, the applicant must so state and 32provide support documentation to the planning department. 33 34Section 2. Definitions. 35 As used in this article, the following words and terms shall have the meaning ascribed 36thereto: 37 38 A. Alteration: Any activity which results in the modification, variation or transformation 39of environmentally sensitive lands, including but not limited to placement of vehicles, 40structures, debris, or any other material objects thereon, introduction or injection of water or 41other substance, and removal, displacement or disturbance of plant or animal species, soil, rock, 42minerals or water. 43 44 B. Ecosystem: An assemblage of living organisms (plants, animals, microorganisms, etc.) 45that functions as a dynamic whole through organized energy flows. 46 November 9, 2010 16 ENVIRONMENTAL PROTECTION STANDARDS 1 C. Endangered, threatened and rare species and species of special concern: Species listed 2as endangered, threatened, rare or of special concern by one (1) or more of the following 3agencies: 4 5 1. U.S. Fish and Wildlife Service. 6 7 2. Florida Game and Fresh Water Fish Commission. 8 9 3. Florida Committee on Rare and Endangered Plants and Animals. 10 11 4. Florida Department of Agriculture. 12 13 5. Treasure Coast Regional Planning Council. 14 15 D. Environmentally sensitive lands: Ecological sites (ecosites) representing high quality 16native Florida ecosystems. 17 18 E. Native Florida Ecosystems: A self-organized ecosystem of a type existing in Florida 19prior to European colonization and containing predominantly native species. 20 21Section 3. Review procedures for proposed land alterations. 22 All applications for site plan or subdivision approval where proposed alterations of 23environmentally sensitive lands occur shall be reviewed by the technical review committee 24(TRC) for evaluation. The evaluation by the TRC of any proposed alteration of lands found to 25be environmentally sensitive shall be based on an environmental study completed by the 26property owner or his or her designee. This study shall include, but not be limited to, the 27following information. 28 29 A. Site conditions: 30 31 1. Site location map - with the specific property clearly indicated. 32 33 2. Aerial photograph - with the specific property clearly indicated (scale: one {1} inch 34equals six hundred {600} feet or less). 35 36 3. Detailed map of existing terrestrial and aquatic vegetation, including exotic species 37within the jurisdictional limits of wetland jurisdiction of the U.S. Army Corps of Engineers and 38the Florida Department of Environmental Regulation. 39 40 4. Soil types and conditions. 41 42 5. List of endangered, threatened and rare species and species of special concern found 43on the site. 44 45 6. Colonial bird nesting or roosting areas or areas in which migratory species are 46known to concentrate. 47 November 9, 2010 17 ENVIRONMENTAL PROTECTION STANDARDS 1 7. Archaeologically and/or historically significant features. 2 3 8. Geologically significant features. 4 5 9. Areas of previous disturbance or degradation, including present and past human uses 6of site. 7 8 10. Surrounding land uses. 9 10 B. Project designs: 11 12 1. Conceptual footprint of site development, including buildings, roadways, parking 13areas, utilities, water features, flood control structures, stormwater systems, wellfield locations, 14landscaped areas, buffer areas, preserve areas, and other open space areas, as an overlay to 15vegetation mapping detailed in Section 3.A.3 above. 16 17 2. Existing zoning. 18 19 3. Status of development approvals, including permit applications. 20 21 C. Project operation: 22 23 1. Description of proposed operations to be performed on the site including use, 24storage, handling or production of substances known to be harmful to humans, plants and/or 25animals. 26 27 2. Identification of any pollutants expected to be emitted during project operation. 28 29 3. Identification of timing and source of noise and/or vibration impacts on resident and 30adjacent human and animal life. 31 32 D. Project alternatives: 33 34 1. Discussion of project alternatives should be provided, including options considered 35and rejected and the rationale for rejection of each option considered. 36 37 2. Mitigation considerations should be discussed in detail as they relate to possible loss 38of habitat or impact on endangered, threatened or rare animal and plant species, or species of 39special concern. 40 41Section 4. Review schedule. 42 Any additional information determined to be required by the TRC must be requested by the 43TRC within thirty (30) days of receipt of the above information. Upon receipt of the above 44information, the TRC shall have thirty (30) days in which to complete its evaluation of 45environmental impacts. The TRC will then have thirty (30) days to make its determination 46concerning conditions of approval for the development to the planning and development board. 47 The planning and development board shall review the determination of the TRC at its next November 9, 2010 18 ENVIRONMENTAL PROTECTION STANDARDS 1regularly scheduled meeting. The planning and development board shall accept or amend, as 2necessary, the determination of the TRC. 3 4Section 5. Appeals. 5 Any aggrieved person may appeal as outlined in Chapter 1, Article VII. The following 6standards shall be addressed by the appellant in his written request: 7 8 A. Whether the subject property is an environmentally sensitive land or contains 9endangered, threatened and rare species and/or species of special concern in accordance with 10the definitions set forth in Sections 2.C and D; and 11 12 B. Whether the conditions placed on the development application are reasonable and 13represent sound environmental practices necessary to mitigate possible harmful impacts upon 14the subject property and are necessary in order to protect the health, safety and welfare of the 15citizens of the City of Boynton Beach. 16 17(Ord. No. 96-57, § 5, 1-21-97) 18 19Section 6. Preservation of natural resource sites. 20A. Prior to the development of any land which has been designated as either an “A”, “B” or 21“C” rated site in the conservation element of the city's comprehensive plan, the proposed 22developer shall submit a detailed flora and fauna survey to the city. Review shall be as 23provided in Sections 3, 4 and 5 above. 24 25B. If the property proposed for development is greater than ten (10) acres in size and has been 26designated as an “A” rated site, the developer shall be required to preserve a minimum of 27twenty-five (25%) percent of all native plant communities on the site. Habitat shall be 28preserved with intact canopy, under story and ground cover. 29 30C. If the property proposed for development is greater than ten (10) acres in size and has been 31designated as a “B” or “C” rated site, the developer shall be required to preserve a minimum of 32twenty-five (25%) of all native plant communities on the site. The preserve areas may be 33separated into micro preserves. Habitat shall be preserved with intact canopy, under story and 34ground cover. 35 36D. The specific location of the preservation area shall be determined following site survey 37and shall be identified in the site development order or permit. In determining the most 38appropriate location for the preserve area within the site, the city shall consider, in addition to 39other factors, the proximity of the preserve area to developed and undeveloped property 40surrounding the site, the ability to maintain the preserve area based upon surrounding 41development, and the recommendations of the city's professional staff and outside consultants. 42 43E. Natural resource sites identified in table 2 of the conservation element of the city's 44comprehensive plan and which exceed ten (10) acres in size shall be subject to the twenty-five 45(25%) percent preserve area set aside notwithstanding subdivision into smaller parcels. In the 46event of subdivision or partial development, the first parcel seeking development shall be 47requiredto satisfy the twenty-five (25%) percent reserve area set aside. November 9, 2010 19 ENVIRONMENTAL PROTECTION STANDARDS 1 2(Ord. No. 96-30, § 1, 5-21-96) 3 4Sections 7 - 11. Reserved. 6 5 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 4 Site Development Standards\Final\Amended\Article I Environmental Protection 7 Standards.doc November 9, 2010 20 LANDSCAPE DESIGN AND BUFFERING STANDARDS ARTICLE II. LANDSCAPE DESIGN AND BUFFERING STANDARDS 1 2 Section 1. General 3 4 A. Short Title. 5This article shall be known and may be cited as the “City 6Landscape Code.”ARTICLE II. LANDSCAPE CODESection 1. Short title. 7This article shall be known and may be cited as the “Boynton Beach Landscape Code.” 8(Ord. No. 00-51, § 2, 10-4-00) 9 B. Purpose and Intent 10. It is the purpose of this article to protect and improve the 11appearance and character of the community by increasing the quality of landscaping 12visible from public or private streets and adjacent properties; to increase the durability 13of landscape material in order to withstand environmental hazards such as hurricanes; to 14conserve valuable energy and water; and to ensure the quality installation and 15maintenance of landscaping. The specific objectives of this article are as follows: 16 1. Appearance. 17To improve the aesthetic appearance of 18development through creative landscaping that helps to enhance the natural and 19built environment; 20 2. Environment. 21 To improve the environment by maintaining 22permeable land area essential to surface water management and aquifer 23recharge; reducing and reversing air, noise, heat, and chemical pollution through 24the biological filtering capacities of trees and other vegetation; promoting 25energy conservation through the creation of shade; and reducing heat gain in or 26on buildings or paved surfaces; 27 3. Water Conservation. 28 To promote water conservation by 29requiring the use of native and drought tolerant landscape material; promoting 30the use of water conserving irrigation practices; and requiring adherence to 31landscape installation standards and maintenance procedures that promote water 32conservation; 33 4. Preservation. 34To encourage the preservation and planting of native trees 35and vegetation as part of landscape design; 36 5. Compatibility. 37To improve compatibility of land uses through the 38strategic placement and quantity of landscape material; 39 6. Land Value. 40 To maintain and increase the value of land by requiring 41landscaping that where installed and maintained properly, becomes a capital 42asset. 43 7. Human Value 44. To provide physical and psychological benefits to 45persons and to reduce noise and glare by softening the harsher visual aspect of 46development. 47 November 9, 2010 - 1 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1Section 2. Declaration of purpose and intent. It is the purpose and intent of this 2article to improve the appearance of certain setback and yard areas including off-street 3vehicular parking and open-lot sales and service areas in Boynton Beach; to protect and 4preserve the appearance, character and value of the surrounding neighborhoods and to 5preserve energy and thereby promote the general welfare by providing for installation 6and maintenance of landscaping for screening and elimination of visual pollution, and 7where possible that the landscaping to be provided as a result of this article be 8constructed in a manner which will reduce the demand for energy currently and in the 9future, since the City Commission finds that the peculiar characteristics and qualities of 10Boynton Beach justify regulations to perpetuate the appeal of its natural visual pollution 11free environment. (Ord. No. 00-51, § 2, 10-4-00) 12 13Section 3. Construction of language and definitions. 14 15A. Rules for construction of language. The following rules of construction shall 16apply to the text of this article. 17 181. The particular shall control the general. 19 202. In case of any differences of meaning or implication between the text of 21this code and any caption, illustration, summary table or illustrative table, the 22text shall control. 23 243. The word “shall” is always mandatory and not discretionary. The word 25“may” is permissive. 26 274. Words used in the present tense shall include the future; and words used in 28the singular number shall include the plural, and the plural the singular, unless 29the context clearly indicates the contrary. 30 315. A “building” or “structure” includes any part thereof. 32 336. The phrase “used for” includes “arranged for,” “designed for,” “maintained 34for” or “occupied for.” 35 367. The word “person” includes an individual, a corporation, a partnership, an 37incorporated association, or any other similar entity. 38 398. Unless the context clearly indicates the contrary, where a regulation 40involves two (2) or more items, conditions, provisions or events connected by 41the conjunction “and”, “or,” or “either...or,” the conjunction shall be interpreted 42as follows: 43 44a. “And” indicates that all the connected items, conditions, provisions 45or events shall apply, 46 November 9, 2010 - 2 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1b. “Or” indicates that the connected items, conditions, provisions or 2events shall apply. 3 4c. “Either...or” indicates that the connected items, conditions, 5provisions or events shall apply singularly but not in combination. 6 79. The word “includes” shall not limit the term to the specified examples, but 8is intended to extend its meaning to all other instances or circumstances of like 9kind or character. 10 C. Administration. 11The Director of Planning and Zoning or designee shall 12have the authority to interpret and administer this article. 13 14Section 9. Administration and interpretation of code regulations and provisions. 15 16A. The interpretation and application of the regulations and provisions of this code by 17the development department shall be reasonable and uniformly applied to all property 18within the jurisdiction of Boynton Beach. 19 20B. The regulations and provisions of this code shall be held to be the minimum 21requirements adopted for the protection and promotion of the public health, safety, 22comfort, convenience, order, appearance, prosperity or general welfare. 23 24C. Whenever the regulations and requirements of this code are at variance with the 25requirements of any other lawfully enacted and adopted rules, regulations, ordinances or 26laws, the most restrictive shall apply. (Ord. No. 00-51, § 2, 10-4-00) 27 D. Applicability. 28The provisions of this article shall be considered the 29minimum standards and shall apply to new construction, major modifications to existing 30sites, and newly created landscaped areas where compliance with regulations does not 31decrease conformance with off-street parking regulations. Section 8. Applicability of 32landscape ordinance and other regulations. A. This article shall apply concurrently 33and in direct relation to the requirements and regulations of the zoning code ofBoynton 34Beach. These regulations apply to new construction, major modifications to existing 35sites, and newly landscaped areas where compliance with regulations does not decrease 36conformance with parking regulations. These regulations shall apply to all zoning 37districts except planned zoning districts, and as noted herein except for detached single- 38family homes or duplexes. 39 40B.Landscaping within PUD, IPUD,PCD and PID Zoning Districts. Planned zoning 41districts are intended to allow for flexibility in required landscaping but shall meet the 42intent of these regulations regarding perimeter, entrance, signage and building 43landscaping; lake plantings; planting specifications and methods; and signature trees. 44(Ord. No. 00-51, § 2, 10-4-00) 45 E. Exemptions. 46The following are exempt from the permitting processes and 47standards of this article: November 9, 2010 - 3 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1 1. Single-Family and Duplex Dwelling Units. 2 Single-family and 3duplex dwelling units located on individually platted lots within single-family or 4two-family residential zoning districts, notwithstanding the cross-visibility and 5safe-sight regulations of Chapter 3, Article II, Section 6. For clarification, if a 6property was rezoned to a planned residential zoning district and developed with 7platted lots for single-family or duplex homes, all plant material installed or 8relocated within each lot shall be exempt from the standards and permitting 9processes of this article, unless such plant material was installed or relocated in 10connection with an approved landscape plan. 11 2. Off-Street Parking in Garages. 12 Off-street parking and circulation 13areas located within enclosed parking structures; and 14 3. Miscellaneous. 15 Public improvements, such as schools, parks, 16streets, and medians, having separate design requirements regulated by other 17agencies. The improvements should be designed to meet the intent of these 18standards without strict adherence thereto. 19 F.Terms and Definitions. 20 See Chapter 1, Article II for all applicable terms 21and definitions which pertain to the regulations and standards contained herein. 22 G. Conflict. 23Whenever the regulations and requirements of this code conflict with 24any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most 25restrictive shall apply, unless otherwise stated herein. 26 H. Relief from Standards. 27 Unless described otherwise, any deviation from 28the standards contained herein shall require approval of a variance application, which is 29subject to review and approval by the City Commission. A request for a variance shall 30be reviewed in accordance with Chapter 2, Article II, Section 4.D. 31 Section 2. City Approval Required. 32 33 34No landscape material or vegetation shall be installed, relocated, or removed without first 35securing the necessary City approvals and permits as provided hereunder, except in instances 36when exempt from these regulations in accordance with Section 1.E above. The following 37processes and permits are intended to ensure compliance with the standards of this article: 38 A. Private Property and Public Lands. 39 The property owner or agent shall 40file the following applications prior to commencement of any of the aforementioned 41installation and relocation activities: 42 1. Site Plan Review. 43 The site plan review process shall be required and 44reviewed in accordance with the procedures set forth in Chapter 2, Article II, 45Section 2.F prior to the issuance of any land development permit. For the 46purpose of this subsection, the term “site plan” is construed to include master 47site plan and technical site plan applications, and to ultimately mean the process November 9, 2010 - 4 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1by which a landscape plan is approved.The City Forester may require the 2submittal of a tree survey, tree management plan, irrigation plan, Native Florida 3Ecosystem Survey or Inventory, or combination thereof, as part of the site plan 4application, when determined necessary to identify specimen trees or to ensure 5compliance with the preservation efforts of Chapter 4, Article I, Section 3.B. 6 2. Land Development Permit. 7The land development permit process shall 8be required, and initiated only subsequent to the approval of a site plan 9(landscape plan) application, except in those instances when site plan review is 10not required. The land development permit shall be processed in accordance 11with the procedures set forth in Chapter 2, Article III, Section 3. The City 12Forester may require the submittal of a tree survey, tree management plan, 13irrigation plan, Native Florida Ecosystem Survey or Inventory, or combination 14thereof, as part of the land development permit application when determined 15necessary to identify specimen trees or to ensure compliance with the 16preservation efforts of Chapter 4, Article I, Section 3.B. The issuance of a land 17development permit shall not relieve any party from obtaining the necessary 18permits which may be required by the various federal, state, or local government 19agencies. 20 B. City Rights-of-Way. 21 A right-of-way permit application shall be required for 22any proposal to install or relocate plant material within a city right-of-way in accordance 23with the procedures set forth in Chapter 2, Article III, Section 4. Section 6. 24Landscape plan approval.Except for single-family dwellings, prior to the issuance 25of any building permit or certificate of occupancy, under the provisions of this article 26and the Boynton Beach Building Code, except for minor modifications a landscape plan 27shall be submitted to and approved by the planning and development board. The 28landscape plan shall be drawn to scale, including dimensions and distances, and 29delineate the existing and proposed parking spaces or other vehicular use areas, access, 30aisles, drive-ways, sprinklers or water outlet locations, and the location, size and 31description of all other landscape materials, the location and size of building if any to be 32served, and shall designate by name and locating the plant material to be installed or, if 33existing, to be used in accordance with the requirements hereof. There shall be an 34application fee as adopted by resolution of the City Commission for landscape plan 35approval. No landscape permit, building permit or certificate of occupancy shall be 36issued for such building or paving unless such landscape plot plan complies with the 37provisions herein. No landscaping shall be installed without a landscape permit. All 38inspections to determine compliance with the approved site plan shall be conducted by 39the development department. (Ord. No. 00-51, § 2, 10-4-00) 40 Section 3. Landscape Design Principles. 41 42 43The following design principles shall be applied in conjunction with the design and buffering 44standards of this article: 45 A. Natural Landscapes. 46 Landscape designs should preserve and enhance 47existing natural landscapes, specimen trees, and native vegetation. Where previous November 9, 2010 - 5 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1landscaping has dramatically altered natural landscapes, new designs should re-establish 2original landscape patterns and plantings. 3 B. Composition. 4 The quality of a landscape design is dependent not only on 5the quantity and selection of plant materials but also on how that material is arranged. 6Landscape materials should be arranged in a manner as to provide textured appearance 7and contrasting color through the use of a variety of plant materials. The three- 8dimensional form of the landscaping should be considered, so that the final design 9presents a coherent whole. 10 C. Buffering and Screening. 11 The use of natural landscape materials (trees, 12shrubs, hedges) is preferred over the sole use of human-made materials, such as buffer 13walls and fences, for buffering differing land uses, for providing a transition between 14abutting properties, and for screening the view of any parking, storage, or service areas 15visible from a public street or pedestrian area. 16 D. Responsive to Local Character. 17 Landscape designs should build on the 18unique physical characteristics of the site and general area, conserving and 19complementing existing natural features. Naturalistic design elements such as staggered 20plant spacing, undulating berm contours, and mixed proportions of plant species should 21be used to ensure that new landscaping blends in and contributes to the quality of the 22surrounding area. 23 E. Use of Drought Resistant and Native Plants. 24 Landscape designs should 25utilize drought tolerant plant materials to the maximum extent feasible. The use of 26drought-tolerant plants should enrich the existing landscape character, conserve water 27and energy, and provide as pleasant and varied a visual appearance as plants that require 28more water. Landscape designs should feature native and/or related plant species, 29especially in areas adjacent to existing native vegetation, to take advantage of the 30unique natural character and diversity of the region and the adaptability of native plants 31to local environmental conditions. Where feasible, the re-establishment of native 32habitats should be incorporated into the landscape design. 33 F. Continuity and Connection 34. Landscaping should be designed within the 35context of the surrounding area, provided that the landscaping is also consistent with 36these design principles. Whether the design intent and surrounding landscape is 37naturalistic or formal, plant materials and design should blend well with adjacent 38properties, particularly where property edges meet, to create a seamless and natural 39landscape. 40 G. Enhancing Architecture. 41 Landscape designs should be compatible with and 42enhance the architectural character, features, and scale of the buildings on site, and help 43relate the building to the surrounding landscape. Major landscape elements should be 44designed to complement architectural elevations and rooflines, through color, texture, 45density, and form on both vertical and horizontal planes. 46 November 9, 2010 - 6 - LANDSCAPE DESIGN AND BUFFERING STANDARDS H. Energy Conservation and Sustainable Design 1. Attention should be given to 2locating landscape elements in a manner that supports energy conservation. Large tree 3canopies should be utilized to provide daytime shading for buildings, reducing energy 4consumed for interior air conditioning. Landscape designs should also consider natural 5drainage features and the use of pervious surfaces and areas to minimize stormwater 6runoff. 7 I. Quality Pedestrian Environment. 8Landscape designs should give special 9attention to ensure a safe and attractive pedestrian environment. In high activity areas, 10such as commercial and workplace settings, benches, kiosks, artwork, and other 11streetscape elements should be incorporated into landscape designs. Pedestrian access 12to sidewalks or buildings should be considered in all landscape designs, with special 13consideration of pedestrian sightlines, especially at crosswalks. 14 Section 4. Standards. 15 16 17It is the objective of this section to provide landscaping standards tailored to distinct geographic 18areas of the City to ensure that the type, quantity, and size of required material is commensurate 19with the type, intensity, scale, and location of new development and particularly consistent with 20vehicular movement, streetscape design, pedestrian habits and routes, and design relationship 21between projects. The intent of these standards is to promote a landscape design pattern that is 22functional, practical, equitable, and creative. 23 24Section 4. Landscaping requirements for certain yard areas and off-street parking and other 25vehicular use areas. All areas used for a display or parking of any and all types of vehicles, 26boatsor construction equipment, whether such vehicles, boats or equipment are self-propelled 27or not, and all land upon which vehicles traverse the property as a function of the primary use, 28hereinafter referred to an “other vehicular uses,” including but not limited to activities of a 29drive-in nature such as filling stations, grocery and dairy stores, banks, restaurants, new and 30used car lots, multifamily and cluster housing, and the like, shall conform to the minimum 31landscaping requirements provided herein, except areas used for parking or other vehicular uses 32under, on, or within buildings, and parking areas serving single-family dwellings since such 33residential areas are normally voluntarily landscaped. (Ord. No. 00-51, § 2, 10-4-00) 34 A. City-Wide Standards. 35 The following standards shall apply to all 36properties in the City, except for those exempted in Section 1.D of this article: 37 1. Native and Drought Tolerant Species. 38 Plant materials to be used 39are limited to those classified as “low” and “medium” in the publication 40“Waterwise South Florida Landscapes,” published by the South Florida Water 41Management District (SFWMD). The maximum extent possible, plant selection 42should emphasize Waterwise or Florida-Friendly plants. P. Native species. 43 Upon meeting the requirements of other sections of the landscape code, fifty 44(50) percent of site landscape materials must be native species. 45 2.Prohibited Species. 46Plants classified as a Category I species on the 47current prohibited list published by the Florida Exotic Pest Plant Council November 9, 2010 - 7 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1(FLEPPC) is not allowed within the City. The initial eradication and ongoing 2removal of prohibited plant species that have become nuisances because of their 3tendency to disrupt or destroy native ecosystems is promoted herein. 4 3.Plant Material. 5 C. Plant material.1. Quality. All plant 6Plant materials used in conformance with provisions of this article shall conform 7to the Standards for Florida No. 1 or better as given in “Grades and Standards 8for Nursery Plants” Part I, 1963 and Part II, State of Florida, Department of 9Agriculture, Tallahassee, or equal thereto. Sod Grass sod shall be clean and 10reasonably free of weeds and noxious pests or diseases. Grass seed shall be 11delivered to the job site in bags with Florida Department of Agriculture tags 12attached indicating the seed growers compliance with the agricultural 13department's quality control program. 14 a.Trees. 15The caliper of all trees, except for palms and those 16trees classified as a development’s “signature tree” (see subparagraph 17“(1)” below) shall be a minimum of four (4) inches at the time of 18installation. The caliper shall be measured no higher than six (6) inches 19above the ground. No minimum caliper size is required for palm trees. 20However, palm trees shall have a minimum of six (6) feet of clear wood 21at the time of planting. 22 23 24(1) Signature Tree. A signature tree shall be installed 25at both sides of a development’s entrance (ingress). The caliper 26of a development’s signature tree shall be a minimum of one (1) 27inch at the time of installation. Signature trees, if sized with a 28caliper of less than four (4) inches at the time of installation, 29cannot count toward meeting the minimum number of trees 30required on-site. Signature trees include the following species: 31 November 9, 2010 - 8 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1(i) Purple Glory Tree (Tibouchina granulosa); 2 3(ii) Yellow Elder (Tecoma stans); 4 5(iii) Bougainvillea (Bougainvillea); 6 7(iv) Glaucous Cassia; (Cassia surattensis); and 8 9(v) Orange or White Geiger (Cordia sebestena or 10boissieri). 11 12(2) Species. The minimum number of different species 13of trees provided shall be as follows: 14 15(i) Table 4-1 Tree Species. 16 Number of Trees Number of Required ProvidedTree Species 1-5 1 6-10 2 11-30 3 31-60 4 61-100 5 101 and over 6 17 18(ii) Signature trees, if sized with a caliper of four (4) 19inches or greater at the time of installation, may count 20towards meeting the minimum number of required 21species of trees. The caliper shall be measured no higher 22than six (6) inches above the ground; and 23 24(iii) Palm species, in a cluster of three (3) trees with 25varying heights, shall represent the equivalent of one (1) 26canopy tree. 27 282.Trees: general requirements. Trees shall be species having an 29average mature spread of crown in Boynton Beach of greater than fifteen 30(15) feet and having trunk(s) which can be maintained in a clean 31condition over five (5) feet of clear wood. Trees having an average 32mature spread of crown less than fifteen (15) feet may be substituted by 33grouping the same so as to create the equivalent of a fifteen-foot crown 34spread. Palms shall be considered trees and exempt from the fifteen-foot 35crown spread criterion. Tree species (excluding signature trees) shall be 36a minimum of twelve (12) feet overall in height when planted, with a 37minimum caliper of 3 inches. A signature tree is a tree with blossoms or 38natural color other than green intended to beautify project entrances and November 9, 2010 - 9 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1contribute to the city's image with this element of aesthetic uniformity. 2Signature trees include Yellow Elder, Tibouchina Granulosa, and 3Bougainvillea. Trees (see list below) with roots known to cause damage 4to public roadways or other public works, such as Ficus species, shall 5not be planted. The following exotic (nonnative) tree species shall not 6be planted as part of any proposed landscape plan. Deemed as “invader 7species” in South Florida and the reasons to prohibit them include: 8Shallow roots which make them susceptible to wind damage 9(hurricanes); that they grow in dense stands crowding out native 10vegetation; they create monoculture (single tree species) that exclude 11most wildlife; they have poor quality wood of no commercial value; can 12cause serious health problems to allergic individuals, and they are 13prolific propagators that encroach into native vegetative areas. Those 14trees declared to be exotic and nonnative are: 15 16All of the Casuarina Species; 17 18Brazilian Pepper (Florida Holly); 19 20Schenius lerebinthifolius Melaleuca (Punk Tree); 21 22Melaleuca quinquenervia. 23 b. Shrubs and Hedges. 24 4.Shrubs and hedges. Shrubs and 25hedges shall be planted a minimum of twenty-four (24) inches in height, 26twenty-four (24) inches in spread and planted with tip-to-tip spacing 27measured immediately after planting to form a continuous opaque 28landscape barrier within one (1) year adequately cover the planted areas 29on the site. The minimum hedge height may be reduced to 18 inches if 30planted in conjunction with a berm where the minimum combined height 31is 36 inches. 32 336.Ground cover. Ground covers, either vegetative or nonliving, used 34in whole or part shall present a finished appearance and reasonably 35complete coverage within three (3) months after planting. However, 36when slow maturing ground covers are used, they shall be mulched. 37 c. Vines. 38 5.Vines. Vines shall be a minimum of two (2) 39feet in height, spaced five (5) feet apart immediately after planting. 40Vines may be and may be used in conjunction with fences, screens and / 41or walls to contribute towards meeting meet physical screening barrier 42requirements as specified and be a minimum of five (5) feet on the 43center. 44 d. Lawn. 45In all developments, including public and private 46parks, the use of sod shall be restricted to large park-like areas available 47for passive or active recreation purposes, or when required for drainage November 9, 2010 - 10 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1and storm water management (e.g. swales, retention, detention areas). 2The intent is to promote sustainable landscaping design by reducing 3water consumption and unnecessary irrigation of small, strip, or remnant 4pervious surfaces of a site. The use of drought tolerant plant material is 5preferred over the use of sod for those areas of a site. 7. Lawn grass. 6Grass areas shall be planted in species normally grown as permanent 7lawns in Boynton Beach. Grass areas may be sodded, plugged, sprigged 8or seeded except that solid sod or other acceptable erosion control 9measures shall be used in swales or other areas subject to erosion. In 10areas where other than solid sod or grass seed is used between the 11months of October and March, nursegrass seed shall be sown for 12immediate effect and protection until coverage is otherwise achieved. 13 4. Existing Plant Material. 14 Existing healthy plant material, in part or 15in whole, may count toward required plant material if such use furthers the 16objectives of this article regarding preservation, water conservation, and 17beautification. I.Existing plant material. In instances where healthy plant 18material exists on a site prior to its development, in part or in whole, , for 19purposes of off-street parking or other vehicular use areas, the department may 20adjust the application of the above-mentioned standards to allow credit for such 21plant material if, in its opinion, such an adjustmentis in keeping with and will 22preserve the intent of this article. 23 5.Water Source. 24 To conserve water, potable water is not to be used 25for irrigation purposes. Instead, alternative sources of water shall be used for 26irrigating landscaping materials such as well water, and/or reclaimed water 27where available and to be used in compliance with City and County regulations. 28 Where ground water is not available of the quality necessary for irrigation 29purposes, and other preferable sources are not available, potable may be used in 30accordance with the following requirements: 31 a. 32 Approval is obtained from the Department of Utilities; 33 b. 34 The site irrigation system must be designed to only use a 35restricted number of gallons per month (water bill); 36 c. 37 The site irrigation system must be designed to automatically 38remove all established trees off watering at the end of year one; 39 d. 40 The site irrigation system must be designed for simple removal 41of all established trees on separate zones from watering at the end of the 42first year; 43 e. 44 All trees, shrubs, and plants (no sod) used in the site landscape 45design must be identified as having low watering needs in the South 46Florida Water Management District’s “Waterwise” publication; and 47 November 9, 2010 - 11 - LANDSCAPE DESIGN AND BUFFERING STANDARDS f. 1 Landscape and irrigation improvements must be inspected 2annually for compliance with these requirements. 3 6. Irrigation. 4 All landscaped areas shall be provided with an automatic 5water supply system as approved through a land development permit (see 6Chapter 2, Article III, Section 3). Irrigation systems shall be designed as 7follows: 8 a. 9 To promote water conservation, landscape (bedding) areas shall 10be designed on separate zones by plant drought tolerances. All trees 11shall contain drip bubblers and be on a separate zone; 12 b. 13 Reused water may be required in accordance with Chapter 26, 14Article VIII of Part II City Code of Ordinances if a main supply is within 15500 feet of the site and permitted by the Palm Beach County Health 16Department; 17 c. 18 The irrigation system must contain a rain gauge; 19 d. 20 Natural areas and native vegetation, which remain undisturbed 21by development, may be excluded from receiving irrigation; 22 e. 23 Irrigation is not required for landscaped areas that have been 24entirely planted with drought tolerant species, once established and 25approved by the City. However, irrigation systems must be kept in 26operation at all times. 27 28(3) Tree Irrigation. (a) Irritation systems shall be installed to service all trees 29and other landscape materials. 30 31(b) Irrigation systems shall be in operable condition at all times. 32 7.Installation. 33 A.Installation. All landscaping shall be installed in 34accordance with a land development permit and in a competent manner 35according to certified planting procedures with the quality of plant materials as 36hereinafter described sound workmanlike manner and according to accepted 37good planting procedures with the quality of plant materials as hereinafter 38described. (All elements of landscaping shall be installed so as to meet all other 39applicable ordinances and code requirements). 40 a. Vehicular Encroachment. 41 Landscaped areas shall require 42protection from vehicular encroachment by wheel stops, curbs, and / or 43decorative bollards. All landscaped areas with trees adjacent to 44sidewalks or vehicular use areas may require the use of root deflector 45products to prevent damage from root growth. All landscape areas 46containing trees and vegetation shall be first filled with City inspected 47clean fill (soil). November 9, 2010 - 12 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1 b. Clean Fill. 2 All planted areas on the site shall first be filled 3with clean fill to a depth of one (1) foot from the surface along the entire 4length of the green space, island, or landscape buffer. 5 c. Inspection. 6 The City shall inspect all clean fill, irrigation 7systems, and landscape improvements prior to installation. No 8temporary certificate of occupancy will be issued until the clean fill, 9irrigation, and landscaping improvements meet the requirements 10provided herein or the applicant submits surety for 110% of the value of 11the incomplete clean fill / landscape / irrigation improvements. Surety 12will be released upon completion and inspection of incomplete 13improvements. 14 15An inspector from the city development department shall inspect all landscaping 16and no certificates of occupancy and use or similar authorization will be issued 17unless the landscaping meets the requirements provided herein. All landscaped 18areas shall be provided with an automatic irrigation water supply system. 19Exception: Irrigation is not required for areas fully xeriscaped and approved by 20the City urban forester. Reuse water may be used where available and permitted 21by the Palm Beach County Health Department. 22 23(d) Upon inspection by the City Forester, any trees found to be in declining 24condition shall be replaced within thirty (30) days. 25 8. Mulch (Non-living Plantings). 26 Planting areas shall be mulched to a 27minimum depth of three (3) inches at the time of inspection and maintained at 28this depth thereafter. No Cypress mulch shall be used. All mulch material shall 29be free of seeds and weeds to prevent tree sprouting and regrowth. 8. Mulch 30other than Cypress shall be used and maintained for landscaping purposes. 31 9.Upland Buffer / Littoral Plantings 32 R. Upland buffer/littoral 33plantings. Lake and retention areas in excess of one-half (½) acre shall be areas 34(retention ponds) in excess of one acre in area shall be planted to create a habitat 35that provides the optimal environment for upland and / or aquatic and other 36species. Lakes, ponds, and rentention areas provided for new construction or 37major modifications of existing projects shall be planted as follows: 38 a. 39 1. To occupy a minimum of 50% of lake perimeter with littoral 40plantings; 41 b. 42 To occupy a minimum of 50% of lake perimeter with upland 43plantings contiguous with the littoral plantings; 44 c. 45 2. To consist of a minimum of 10 square feet of littoral shelf 46per one (1) linear foot of shoreline, using five (5) different native plant 47species (littoral plantings) lake; November 9, 2010 - 13 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1 d. 2 3. To consist of a minimum of one (1) native tree, 25 native 3shrubs using two (2) species, and 10 native ferns and groundcover plant 4species (upland plantings) per 50 feet of linear lake frontage; and 5 e. 6 4. All vegetation installed contiguous, at a minimum of three 7to one (3:1) bank slope, 100% appropriate native vegetation, installed 8with proper spacing for full coverage of littoral shelf areas within one 9(1) year. All littoral and upland plantings established consistent with 10these standards shall be installed, maintained, and reported quarterly to 11the Director of Planning and Zoning or designee for a period of two (2) 12years by a natural areas certified contractor in accordance with a 13management plan approved by the City city at the time of site plan 14approval or permitting. 15 10. Landscaping within Easements. 16 All easement locations and specific 17types of easement shall be identified on the landscape plan. Easements may 18overlap a required landscape strip or perimeter buffer by a maximum of five (5) 19feet. However, detention / retention areas, drainage easements, and sloped 20directional swales greater than one (1) foot below finished grade, shall not be 21located in or overlap required landscaped areas, unless otherwise approved in 22writing by the City Engineer and the Director of Development, or their designee. 23 Where the conflict between easements and landscape strips or perimeter buffers 24is unavoidable, the strips and buffers may be separated from the property 25boundary by the easement, if all requirements and objectives for screening / 26buffering are met. Shrub and tree selections shall be based on root 27characteristics and size restrictions as described in “Waterwise”, a publication of 28the South Florida Water Management District, and in “Plant the Right Tree in 29the Right Place,” as published by the Florida Power & Light Company. 30 a. 31 All trees planted in or in close proximity to an easement shall be 32installed consistent with the Engineering Design Handbook and 33Construction Standards for Landscaping, Irrigation, and Lighting. 34 b. 35 Landscape strips and buffers shall be required to extend a 36minimum of five (5) feet beyond the easement for planting the largest 37canopy tree possible as allowed by FPL and City standards. If a buffer 38wall with a continuous footer is used, a minimum of ten (10) feet outside 39of the easement for planting is required. 40 c. 41 The abutting easement shall be entirely planted with shrubs and 42trees according to a design similar to the adjoining or overlapping 43landscape strip or buffer. 44 d. 45Roots and branches of trees shall not impact existing 46underground or overhead utilities and infrastructure. Trees planted in 47close proximity to easements shall be the largest possible and selected to November 9, 2010 - 14 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1avoid aggressive root systems. Root barriers shall be required to protect 2nearby underground infrastructure and parking lots and curbing. 3 e. 4 Trees shall be maintained so that the mature tree canopy is a 5minimum of ten (10) feet from overhead lines. 6 7 S.Landscaping within easements. Consistent with Chapter 4, Article I, 8Section 1.C.4 Chapter 7.5, Article I, Section 18.1, tree species placed within 9utility easements shall be consistent with the Engineering Design Handbook and 10Construction Standards for Landscaping, Irrigation & Lighting limited to palm 11trees.Trees placed outside of easements so that roots and branches do not 12impact existing utilities require approval of the Director of Utilities and must be 13consistent with the planting guidelines of Florida Power and Light Utility “Right 14Tree Right Place” document.Canopy trees shall be planted outside of 15easements so that roots and branches do not impact existing utilities unless 16approved by the Utilities Director and consistent with planting guidelines of 17Florida Power & Light Utility. (Ord. No. 96-57, § 2, 1-21-97; Ord. No. 00-51, § 182, 10-4-00; Ord. No. 03-018, §§ 1-3, 6-3-03) 19 11. Landscaping within Rights-of-Way. 20 21 a. General. 22Landscaping may be planted within public rights- 23of-way, subject to review and approval of the Forestry and Grounds 24Manager. No person may plant, remove, destroy, prune, set out, break, 25cut, deface or in any way injure or interfere with any tree, shrub, or 26similar plant on any street or alley, or upon property owned or 27maintained by the city, without first obtaining a public right-of-way 28permit pursuant to Chapter 2, Article III, Section 4. 29 b.Relief from Standards. 30 Any deviation from the standards 31of this subparagraph would require a waiver, which is subject to review 32and approval of the City Engineer. A request for a waiver shall be 33reviewed in accordance with Chapter 2, Article III, Section 5. 34 c. Standards. 35 Limited non-invasive planting may be allowed in 36swales and / or rights-of-way subject to the following conditions: 37 38(1) Sod may be placed in public swale areas provided that 39such sod or grass is not permitted to grow to a height in excess 40of six (6) inches; 41 42(2) Trees may be permitted within swale areas and medians 43but must be high enough so as to provide an eight (8)-foot 44clearance between the lowest hanging branch or leaf and the 45existing grade; 46 November 9, 2010 - 15 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1(3) All landscape work within the public right-of-way shall 2be consistent with Florida Department of Transportation and 3Palm Beach County regulations, where applicable, and must 4conform to the latest edition of the Public Works Department 5Forestry and Grounds Manual and the Engineering Design 6Handbook and Construction Standards for Landscaping, 7Irrigation & Lighting (Volume II) or latest supplement thereof. 8 9(4) Planting cannot significantly interfere with maintenance 10of existing utilities; 11 12(5) If planting is allowed and installed within swales and / or 13rights-of-way, the adjacent property owner assumes total 14responsibility for repairing / restoring the swale / right-of-way 15to its original condition if the swale / right-of-way is disturbed 16for installation and / or repair of utilities either already in place 17or constructed in the future. The property owner also assumes 18the maintenance responsibility for the swale / right-of-way. 19 20(6) Also see Section 4.B.5 below for additional “streetscape 21design” requirements. 22 12.Landscaping within Off-Street Parking Lots. 23The intent of this 24subsection is to encourage landscape design that will facilitate the optimal 25growth of hardy trees, prevent future damage to off-street parking areas from 26tree root systems, and to enhance and screen off-street parking areas. Off-street 27parking and vehicular use areas shall include landscape islands designed as 28follows: 29 a. Required Landscaping. 30 Off-street parking areas, excluding 31those spaces located within parking garages, shall have at least 25 square 32feet of parking lot landscape islands (e.g., green space) per parking 33space, including those on-street parking spaces allowed in accordance 34with Chapter 4, Article V, Section 4.C; 35 b. Tree Size and Type. 36 Parking lot landscape islands shall be 37designed to correspond with the size and growing characteristics of the 38intended tree species. Types of required trees exclude palm species, and 39tree sizes proposed within each island shall directly correspond with the 40size descriptions included in the South Florida Water Management 41District publication, "Waterwise"; 42 c. Large Islands. 43 Landscape islands sized greater than 224 44square feet in area are defined as "large islands" and shall not be less 45than 15 feet in width in any dimension. Each large island shall contain a 46minimum of one (1) tree, classified as a large tree (see paragraph “b” 47above for description of a large tree). A minimum of 75% of the November 9, 2010 - 16 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1landscape islands shall be large islands within developments that are 2required to have up to 249 parking spaces. A minimum of 85% of the 3landscape islands shall be large islands within developments that are 4required to provide 250 or more parking spaces; 5 d. Small Islands. 6 The remaining required green space within 7off-street parking areas shall be allocated to “small islands”, which are 8defined as landscape islands sized at least 150 square feet in area and no 9less than 10 feet in width in any dimension. Each small island shall 10contain one (1) tree classified as a "small" tree; 11 e. Plantings. 12 All landscape islands shall be entirely planted 13with shrub species; 14 f. Cross Visibility. 15 All plant material proposed within each 16landscape island shall maintain unobstructed cross-visibility at a level 17between 30 inches and eight (8) feet above pavement to avoid traffic 18hazards. Canopy or palm trees shall not have limbs and / or foliage that 19extend into this cross-visibility area. Plant selection should be based on 20the growing characteristics as described in the publication "Waterwise" 21to best conform to the visibility requirements stated above and to allow 22for proper maintenance without degrading the quality and appearance of 23established plant species; and 24 g. Lighting. 25 Lighting fixtures within off-street parking areas 26shall be strategically located to avoid future conflicts with mature tree 27canopies. 28 13.Maintenance. 29 30 a. General. 31B.1. The property owner, or his agent, shall be 32responsible for the maintenance of all irrigation and landscaping which 33shall be maintained in a certified good condition so as to present a 34healthy, neat, and orderly appearance and shall be kept free from refuse 35and debris. All existing and newly landscaped properties shall receive 36an initial clean fill / landscape / irrigation inspection and thereafter a 37semi-annual inspection for compliance with these regulations site visual 38buffering provisions of this Code. All conflicts between landscape 39improvements and site signage, parking lot light fixtures, or vehicular 40safety movements will be corrected as part of the semi-annual inspection 41process. All perceived site signage/landscape conflicts will be corrected 42during inspection process. 43 b. International Arborist Association (IAA) Standards. 44 2. 45Maintenance of landscape screen or barrier: All plantings, 46including trees, must not be trimmed or nor sheared of foliage during the 47first growing year and must be maintained to continue the November 9, 2010 - 17 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1buffering/screening objective of these regulations. All existing and 2newly installed trees must be trimmed under the supervision of a 3Certified Arborist in accordance with the standards of the International 4Arborist Association (IAA). Trees shall not be thinned nor canopy 5raised to an unnatural extent. All existing and newly installed materials 6not pruned in accordance with the IAA standards must be removed and 7replaced on the site. The total diameter inches of the new trees must 8equal the total number of diameter inches of the improperly pruned 9tree(s). Any trees removed in violation with these regulations will be 10replaced in compliance with this section trees must be maintained in 11accordance with standards of the National Arborists Association. All 12existing and newly installed trees found not to be trimmed in accordance 13with the NAA standards must be replaced with the same size tree. Site 14maintenance shall not alter screening or barrier below the intended 15requirements of these regulations to decrease the original level of 16required density. 17 c. Appearance and Maintenance. 18 Also see Part II (Code of 19Ordinances), Chapter 15, Article IX, Section 15-120 for minimum 20standards regarding general appearance and maintenance of landscaping 21on public and private property. 22 14. Cross-Visibility and Safe-Sight. 23 The purpose of this subparagraph is 24to promote the creative and efficient design of landscaped areas within off-street 25parking areas and other vehicular use areas, or near rights-of-way. The intent is 26to create functional and quality pervious surfaces for drainage / storm water 27management, in conjunction with increasing the visual enhancement of off-street 28parking areas. Landscape design shall provide safe and unobstructed views for 29pedestrians and motorists moving throughout the project: 30 a. Visibility at Corners of Rights-of-Way. 31 Landscape material, 32within a triangular-shaped area of property formed by the intersection of 33two (2) rights-of-way, shall maintain unobstructed cross-visibility at a 34level between 30 inches and eight (8) feet above the pavement to avoid 35traffic hazards pursuant to Chapter 4, Article VIII, Section 3.C.4.u. 36Canopy or palm trees shall not have limbs and / or foliage that extend 37into this cross-visibility area.Landscape material, except low growing 38shrubs, shall be located at least three (3) feet from the edge of a 39sidewalk. The size of this triangular-shaped area shall be designed in 40accordance with the Engineering Design Handbook and Construction 41Standards. 42 43N. Project entrance. Landscaping at project entrances shall contain a 44combination of colorful groundcover plants (annuals may be 45supplemental to other groundcover plants but not be a substitute) and a 46minimum of two colorful shrub species on both sides of the entrance (if 47sufficient space is available; excluding properties zoned M-1 that front November 9, 2010 - 18 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1on local streets), and a signature tree with a minimum of six (6) feet of 2clear trunk all planted to preserve the clear sight area. The signature tree 3does not contribute toward the required number of perimeter trees. All 4trees must be standards and have a minimum clear trunk of six feet. 5 b. Driveway Openings along Rights-of-Way. 6 Landscaping on 7both sides of each project entrance along rights-of-way shall contain a 8signature tree in accordance with Section 4.A.3.a.(1) above and a 9minimum of two (2) colorful and / or flowering shrub species (3 10different species if sufficient space is available). Design emphasis shall 11be placed on clear understory and low-growing or dwarf varieties of 12landscape material with a maximum height of 30 inches, in order to 13comply with visual obstruction regulations (see Engineering Design 14Handbook and Construction Standards and Chapter 4, Article VIII, 15Section 3.C.4.u.). The plant material required in this subparagraph may 16also count towards meeting the minimum requirements for landscape 17strips abutting rights-of-way (see Section 4.B.2 and Section 4.C.2 18below). 19 c. Driveway Openings (and Cross-Access) Between Properties. 20 21 Landscaping on each side of a driveway opening that connects 22abutting properties shall be designed with an emphasis on clear 23understory with low-growing or dwarf varieties of plant material. All 24plant material proposed shall maintain unobstructed cross-visibility at a 25level between 30 inches and eight (8) feet above pavement. Canopy or 26palm trees shall be trimmed up eight (8) feet so that limbs and / or 27foliage does not create a traffic hazard. 28 29 G.Parking area interior landscaping. Off-street parking areas shall 30have at least twenty (20) square feet of interior landscaping for each 31parking space excluding those spaces abutting a perimeter for which 32landscaping is required by other sections hereof and excluding all 33parking spaces which are directly served by an aisle abutting and 34running parallel to such a perimeter. Each separate landscaped area 35shall contain a minimum of twenty-five (25) square feet and shall have a 36minimum dimension of at least five (5) feet and shall include at least one 37tree having a clear trunk of at least five (5) feet, with the remaining area 38adequately landscaped with shrubs, ground cover or other authorized 39landscaping material not to exceed three (3) feet in height. The total 40number of trees shall not be less than one (1) interior tree for every ten 41(10) parking spaces. Trees provided adjacent to rights-of-way, abutting 42properties, and building walls shall not contribute toward this 43requirement. Such landscaped areas shall be located in such a manner as 44to divide and break up the expense of paving. 45 46F.Accessways. The maximum width of an accessway (whether one- 47or two-way traffic) through the required perimeter landscape strip to an November 9, 2010 - 19 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1off-street parking or other vehicular use area shall be thirty-two (32) 2feet. The balance of such street frontage not involved with accessways 3shall be landscaped in accordance with the provisions of this section. 4 53.A signature tree is a tree with blossoms or natural color other 6than green intended to beautify project entrances and contribute to the 7city's image with this element of aesthetic uniformity. Signature trees 8include Yellow Elder, Tibouchina Granulosa, and Bougainvillea 9 10H. Point of access. When an accessway intersects a public right-of- 11way or when the subject property abuts the intersection of two (2) or 12more public rights-of-way, all landscaping within the triangular areas 13described below shall provide unobstructed cross-visibility at a level 14between thirty (30) inches and eight (8) feet above pavement, provided, 15however, trees or palms having limbs and foliage trimmed in such a 16manner that no limbs or foliage extend into the cross-visibility area shall 17be allowed, provided they are located so as not to create a traffic hazard. 18 Landscaping, except required grass or ground cover, shall not be located 19closer than three (3) feet from the edge of any accessway pavement or 20sidewalk or walk path. The triangular areas above referred to are: 21 221. The areas of property on both sides of an accessway formed by the 23intersection of each side of the accessway right-of-way or easement line 24and the public right-of-way line with two (2) sides of each triangle being 25ten (10) feet in length, (or more when determined to be necessary by the 26city engineer) from the point of intersection and the third side being a 27line connecting the end of the other two (2) sides. 28 292. The area of property located at a corner formed by the intersection 30of two (2) or more public rights-of-way with two (2) sides of the 31triangular area being thirty-five (35) feet in length along the abutting 32public right-of-way lines, measured from their point of intersection, and 33the third side being a line connecting the ends of the other two (2) lines. 34 353. The area of property located at a corner formed by the intersection 36of two (2) or more public rights-of-waybeing a collector or arterial 37street, or any right-of-way of higher classification than a local street, the 38two (2) sides of the triangular area shall be fifty (50) feet in length for 39the collector street, and one hundred twenty (120) feet for the arterial 40street along the abutting public right-of-way lines, measured from their 41point of intersection, and the third side being a line connecting the ends 42of the other two (2) lines. 43 15. Raised Planters. 44 Raised planters shall be allowed, contingent upon 45the following: 26.Raised planters, provided they are set back three (3) feet 46from side and rear property lines and shall have a maximum height of six (6) 47feet. November 9, 2010 - 20 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1 a. 2 A minimum setback of three (3) feet is required from all property 3lines; 4 b. 5 No planter shall exceed a maximum height of six (6) feet. 6 c. 7 All planters shall contain clean fill. 8 d. 9 Planters shall be located to comply with Cross-Visibility and 10Safe Sight regulations of Section 3.A.14 above. 11 16. Maximum Height of Hedges. 12 The maximum height of hedges 13shall be eight (8) feet above finished grade, except as described below: 14 a. Multi-Family and Townhouse Developments. 15 Hedges shall 16be a maximum of six (6) feet in height when located within landscape 17strips abutting rights-of-way for all developments that have less than 400 18feet of frontage on typical City streets. However, the maximum height 19of hedges (located within the landscape strip abutting rights-of-way) 20may be increased to eight (8) feet when in compliance with the 21following: 22 23(1) The street frontage of the development is at least 400 feet 24in length; 25 26(2) The development has no more than one (1) parking lot 27driveway opening or access point along said street frontage; 28 29(3) The placement of the hedge shall not cause any traffic 30line-of-sight obstruction and must comply with the visibility 31requirements of Chapter 4, Article VIII, Section 3.C.4.u, "Visual 32Obstructions of Intersections". 33 b.Miscellaneous. 34 Where adjacent to golf courses, golf 35driving ranges, Interstate 95, railroad rights-of-way, along property lines 36where residential abuts commercial or industrial uses, and along 37property lines where residential abuts parks (public or private): 10 feet, 38other than within the front yard setback. 39 17. Crime Prevention Through Environmental Design (CPTED). 40 See 41Chapter 4, Article III, Section 5.B for additional regulations regarding 42landscaping and CPTED guidelines. 43 B. Urban Landscape Code 44 45 465.Landscaping. Landscaping shall be provided as set forth in herein Chapter 7.5 of 47the City of Boynton Beach Land Development Regulations. November 9, 2010 - 21 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1 2Compatibility with existing landscaping. In order to maintain compatibility with 3adjacent development, the city may require where desirable, that site landscaping be 4designed similar to adjacent or nearby property. (Ord. No. 00-51, § 2, 10-4-00) 5 1. General. 6 7 a. Applicability. 8 The “urban landscape code” shall apply to 9all properties currently zoned Central Business District (CBD), any 10properties located within the Mixed Use (urban) districts (see Chapter 3, 11Article III, Section 5), the Infill Planned Unit Development (IPUD) 12district (see Chapter 3, Article III, Section 2.G.), or any commercially- 13zoned properties located within the Urban Commercial District Overlay 14Zone (see Chapter 3, Article III, Section 8). Section 4. Applicability 15of the central business district landscape code. This article shall apply 16concurrently and in direct relation to the requirements of the central 17business district regulations of the zoning ordinance. These regulations 18apply to new construction, major modifications to existing sites, and 19newly landscaped areas where compliance with regulations does not 20decrease conformance with parking regulations. 21 22Compatibility with existing landscaping. In order to maintain 23compatibility with adjacent development, the city may require where 24desirable, that site landscaping be designed similar to adjacent or nearby 25property. (Ord. No. 00-51, § 2, 10-4-00) 26 b. General Rules. 27 Properties which are not subject to the 28urban landscape code shall be regulated in accordance with the 29“suburban landscape code,” pursuant to Section 4.C. below. 30 2. Landscape Strip Abutting Rights-of-Way. 31 A landscape strip 32(e.g., planted area) shall be required within the front and side corner yards of a 33property where it abuts a road right-of-way. The strip shall be removed of all 34construction debris and backfilled with clean fill to a depth of one (1) foot. The 35requirements for this strip vary, depending upon the location of buildings, off- 36street parking, and vehicular use areas.The location of off-street parking lots 37and vehicular use areas are discouraged within the front and side corner yards. 38Their preferred locations are behind buildings and structures to allow for 39screening from public and private streets (see subparagraph “c” below). 40However, there are certain instances where this type of design is impractical or 41unfeasible. In such circumstances, it is the intent of these regulations to require 42a landscape strip that is entirely planted and comprised of two (2) layers, namely 43an inside and outside portion, designed as follows: 44 a.Off-Street Parking Areas Abutting Roadways. 45 The 46landscape strip, intended to screen off-street parking lots located within November 9, 2010 - 22 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1front and side corner yards, shall be at least seven (7) feet in width and 2comply with the following: 3 4(1) The inside portion of the landscape strip shall consist of a 5continuous hedge, installed at a minimum of 24 inches in height 6above finished grade and one (1) tree spaced a maximum of 25 7feet apart. A berm is optional. Tree spacing may be modified by 8factors such as the location of utility poles, driveway openings, 9cross-visibility, and safe-sight requirements. However, tree 10spacing may be reduced for vehicle-intensive or other unsightly 11areas; 12 13(1) Trees. All new construction in the MU-H district shall 14provide shade trees in the streetscape. 15 16(2) Tree spacing. (a) Trees shall be regularly spaced. The 17spacing of the trees shall be at a minimum of 20 - 25 feet on 18center. 19 20 (b) Spacing may be modified by factors such as the placement 21of utilities, by property access points, sight lines at corners or by 22corner conditions. 23 24(c) Tree placement shall match the existing pattern, where 25appropriate. 26 27(2) The remaining outside portion of a landscape strip shall 28consist of a minimum of three (3) shrub species, two (2) of 29which shall be flowering species, planted in continuous rows or 30clusters. Plant selection and planting patterns that optimize the 31display of plant texture and color are encouraged; 32 33(3) In no case shall vehicles be allowed to protrude into the 34strip (see Chapter 4, Article VI, Section 3.B.7); and 35 36(4) Vehicular access points along the abutting right-of-way 37shall comply with Section 4.A.14.b above. 38 39(5) See Section 6.J for additional regulations regarding the 40required width of the landscape strip abutting the right-of-way 41for large non-residential (Big Box) developments. 42 b. Vehicular Use Areas (Other than Off-Street Parking) 43 Abutting Roadways. 44 The landscape strip intended to screen other 45vehicular use areas, located within front and side corner yards shall be 46designed as follows: 47 November 9, 2010 - 23 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1(1) Each landscape strip shall be a minimum of five (5) feet 2in width; 3 4(2) Each landscape strip shall consist of a continuous hedge, 5installed at a minimum of 24 inches in height above finished 6grade and one (1) tree spaced a maximum of 25 feet apart. Tree 7spacing may be modified by factors such as the location of utility 8poles, driveway openings, cross-visibility, and safe-sight 9requirements. However, tree spacing may be reduced for 10vehicle-intensive or other unsightly areas; 11 12(3) In no case shall vehicles be allowed to encroach or 13protrude into or over the strip (see Chapter 4, Article VI, Section 143.B.7); and 15 16(4) Vehicular access points along the abutting rights-of-way 17shall comply with Section 4.A.14.b above. 18 c.Buildings or Structures Abutting Roadways. 19This 20subparagraph represents the preferred site design in urban areas where 21building setbacks are reduced along front and side corner property lines 22and off-street parking and vehicular use areas are not visible from 23abutting rights-of-way. In such circumstances, a landscape strip is 24required but only in the absence of buildings, structures, pedestrian 25areas, and sidewalks. When a landscape strip is provided, it shall be of 26varying width and designed as follows: 27 28(1) Foundation landscaping and trees shall be installed 29within the reduced building setback areas, between the 30building(s) and property line(s). Tree spacing may be modified 31by factors such as the location of utility poles, driveway 32openings, cross-visibility, and safe-sight requirements. 33However, tree spacing may be reduced for vehicle-intensive or 34other unsightly areas. 35 36Where practical, areas in front of buildings shall be enhanced 37with colorful plants or flower containers containing blooming 38annuals or perennials. 39 405. Landscape Requirements. Foundation landscaping and trees 41shall be installed within the reduced building setback areas, 42between the building(s) and property line(s). particularly, where 43adjacent or visible from public and / or private rights-of-way. 44(Ord. No. 00-30, § 1, 6-20-00; Ord. No. 02-014, § 1, 4-16-02; 45Ord. No. 05-029, § 2, 8-2-05) 46 November 9, 2010 - 24 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 1(5) Flower containers. To add color and soften sidewalk paving 2with plants, flower containers containing blooming annuals or 3perennials shall, where practical, be planted and maintained 4along facades of new building fronting on arterial roadways; 5 6(2) Trees are not required in areas where awnings or 7canopies encroach or protrude into the landscape strip. 8However, an alternative means of providing landscaping, such as 9foundation plantings and / or potted plants shall be required; 10 11(b)Trunks shall be a minimum of four (4) inch caliper and 12provided seven (7) feet of vertical clearance for visibility. 13 14(c)In instances where canopies or overhangs make it 15infeasible to plant trees, alternative means of providing 16landscaping for the sidewalk shall be utilized. 17 18(3) Tree species within the landscape strip shall be consistent 19with the established theme of the street where appropriate. The 20Planning and Zoning Division shall coordinate with the 21Engineering Division of Public Works regarding the species, 22caliper size, and quantity of trees; 23 24(4) Trees and plant material within the landscape strip shall 25not impede pedestrian movement on nearby sidewalks; 26 27(5) d) Tree guards, fabricated to city specifications, shall be 28placed adjacent to the curb, where feasible. Tree guards are to 29protect street trees (those located within the right-of-way) and 30trees planted within the landscape strip abutting the right-of-way. 31 32(6) The City Engineer shall review and approve all street 33trees and plant material proposed within the sidewalk areas of 34abutting rights-of-way. All plant material shall be installed in 35accordance with the Engineering Design Handbook and 36Construction Standards for Landscaping, Irrigation, and 37Lighting. Trees normally required within the landscape strip 38may not be necessary if street trees located within the abutting 39sidewalk meet the intent of this section; and 40 41(a) The trees selected shall be consistent with the established 42theme of the street, where appropriate. The City Forester will 43provide consultation on appropriate species. 44 45(7) See “Streetscape Design” in Section 4.B.5 below for 46additional regulations. 47 November 9, 2010 - 25 - LANDSCAPE DESIGN AND BUFFERING STANDARDS d. Certificate of Conformity. 1 All lots subject to eminent domain 2proceedings must provide landscape material within landscape strips 3abutting rights-of-way in conformance with Chapter 3, Article V, 4Section 11.G.4. 5 3. Perimeter Landscape Buffers. 6 7 a. General. 8 Perimeter landscape buffers, where required, shall 9be provided along side interior and rear property lines. The type of 10landscape buffer required may vary upon the zoning districts, uses, 11densities, intensities, and building height(s) of the subject property and 12abutting and / or adjacent property. The requirement for perimeter 13landscape buffers along front and side corner property lines shall be met 14through the provision of a “landscape strip” along street rights-of-way 15pursuant to Section 4.B.2 above. 16 b. Performance Standards. 17 Required landscape buffers shall 18meet the following performance standards: 19 20b. Screening and buffering. 21 22(1) Appropriate screening and buffering will be required. 23 24(2) Such screening must shield neighboring properties from 25any adverse effects of the proposed development. 26 27(3) Screening and buffering is intended must also be used to 28shield the proposed development from the negative impacts of 29adjacent uses. 30 31(4) Special emphasis should be placed on screening the 32intrusion of automobile headlights on neighboring properties 33from parking areas and driveways. November 9, 2010 - 26 - LANDSCAPE DESIGN AND BUFFERING STANDARDS c. Design Standards. Perimeter landscape buffers shall be applied and designed as follows: (1) Table 4-2. Urban Landscape Buffer (Type 1). Urban Landscape Buffer (Type 1)* Description:Required along the perimeter of off-street parking lots where parking areas are not separated from side interior or rear property lines by an intervening building or structure, in order to provide a visual screen of at least three (3) feet in height, comprised of trees, and shrubs. Requirements:1.Minimum buffer width of five (5) feet; 2.One (1) tree spaced every 30 linear feet on center; 3.Shrubs planted tip-to-tip to provide a continuous hedge three (3) feet in height; and 4.* See (4) Notes below for additional regulations. November 9, 2010 - 27 - LANDSCAPE DESIGN AND BUFFERING STANDARDS (2) Table 4-3. Urban Landscape Buffer (Type 2). Urban Landscape Buffer (Type 2)* Description:Required between residential projects with contrasting densities or between incompatible zoning districts, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of trees, hedges, and shrubs, in combination with a buffer wall. Requirements: 1.Minimum buffer width of 12 to 15 feet, depending on degree of incompatibility, mulched (no sod); 2.One (1) tree spaced every 20 to 30 linear feet on center, depending on degree of incompatibility; 3.A continuous hedge of three (3) feet in height located on the outside of buffer wall; 4.A six (6)-foot tall masonry buffer wall; and 5.* See (4) Notes below for additional regulations. November 9, 2010 - 28 - LANDSCAPE DESIGN AND BUFFERING STANDARDS (3) Table 4-4. Urban Landscape Barrier. Urban Landscape Barrier* Description:Required between incompatible uses and zoning districts; or where there are differences in density, intensity, or building heights; or for those certain uses requiring additional screening in order to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and / or berm. Requirements:1.Minimum buffer width variable, depending on degree of incompatibility and necessary planting area, mulched (no sod); 2.One (1) tree spaced every 20 linear feet or less, with staggered understory trees between, as needed to provide opaque screening; 3.Two (2) staggered rows of shrubs as needed to provide opaque screening; 4.An optional six (6)-foot tall masonry (concrete block) buffer wall and / or a berm (earthen embankment) with a minimum 3:1 slope may be used with plantings to achieve the necessary screening height; and 5.* See (4) Notes below for additional regulations. (4) Notes. * Minimum buffer and barrier requirements, including caliper of trees, may be increased as warranted by development characteristics such as use, density, intensity, or building height; to mitigate impacts upon abutting or November 9, 2010 - 29 - LANDSCAPE DESIGN AND BUFFERING STANDARDS adjacent properties; or to further the beautification objectives of this article. Also, buffer requirements may be decreased due to existing buffers and screening on abutting or adjacent properties, or when projects are designed for interconnectivity, unified control, or master planned. Refer to the Use Matrix, Notes, and Restrictions (Chapter 3, Article IV, Section. 3.E) for additional landscape requirements that may apply to certain specific uses. d. Exceptions (Cross Access). The landscape buffer requirements may be fully or partially waived where accommodating existing or future shared vehicular use areas, driveways (access), and / or parking stalls between properties. Vehicular access points between properties shall comply with the cross-visibility and safe sight requirements of Section 4.A.14 above where shared parking and vehicular use areas are utilized. e. Along Florida East Coast Railroad. 4. Railroad buffer strip landscaping. Properties adjacent to the F.E.C. Railroad right-of-way are required to have a landscape buffer strip along the right-of-way. The landscape buffer strip shall meet the following minimum requirements: (1) a. Landscaped buffer strips shall be at least five (5) feet wide. (2) b. Living plant materials shall cover at least seventy (70%) per cent of the required landscaped area, and shall include trees, shrubs and ground cover, but not lawn grass sod. (3) c. Small trees shall be planted no greater than fifteen (15) feet on center along the landscape buffer strip. (4) d. Shrubs shall be planted to form a continuous dense screen hedge. The shrubs shall be maintained to grow to their full natural height. (5) e. Shade trees shall be planted no closer than twenty (20) feet to the railroad right-of-way or as otherwise required by the authority having jurisdiction over the railroad right-of-way. November 9, 2010 - 30 - LANDSCAPE DESIGN AND BUFFERING STANDARDS f. Miscellaneous. No vehicles may encroach or protrude into the required landscape buffer (see Chapter 4, Article VI, Section 3.B.7). 4. Interior Open Space. See usable open space requirements of the Infill Planned Unit Development (IPUD) zoning district in Chapter 4, Article III, Section 3.B. 5. Streetscape Design. The “Urban Landscape Code” contains special landscape standards related to streetscape design. a. Applicability. This subparagraph shall apply to all properties currently zoned Central Business District (CBD), any properties located within the Mixed Use (urban) districts (see Chapter 3, Article III, Section 5), any commercially-zoned properties located within the Urban Commercial District Overlay Zone (see Chapter 3, Article III, Section 8), or properties zoned Infill Planned Unit Development (IPUD) with frontage along Federal Highway (US1). b. General Rules. The“streetscape” is generally considered to be the area located within the reduced building setback area in front and side corner yards in conjunction with the sidewalk area within abutting rights- of-way. Therefore, streetscape design encompasses both the private and the public domain. Trees located within sidewalk areas of public and / or private rights-of-way are considered “street trees.” c. Standards. The following standards are applicable to streetscape design and landscape material must comply with the following: a. Landscaping in the MU-H District. (1). Trees.(1)Trees. All new construction in the MU-H District shall include 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 eight (8) seven (7) feet of vertical clearance for cross-visibility and safe sight requirements. (c) In instances where canopies or overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be November 9, 2010 - 31 - LANDSCAPE DESIGN AND BUFFERING STANDARDS utilized. (d) Upon inspection by staff the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. (2) Tree Spacing spacing.(a) Trees shall be regularly spaced. The spacing of the trees shall be between20 - 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. (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. (3). Flower Containers. Where practical, areas in front of buildings shall be enhanced with colorful plants or flower containers containing blooming annuals or perennials. See Section 6.B. for additional regulations regarding foundation landscaping areas.(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 buildings fronting on arterial roadways in the MU-H District. November 9, 2010 - 32 - LANDSCAPE DESIGN AND BUFFERING STANDARDS d. Miscellaneous. The landscape material proposed within the right-of-way must comply with Section 4.A.11above (Within Rights-of-Way) and with cross visibility and safe sight requirements of Section 4.A.14 above and Chapter 3, Article II, Section 6. ARTICLE III. CENTRAL BUSINESS DISTRICT LANDSCAPE CODE Section 1. Short title. This article shall be known and may be cited as the Boynton Beach Central Business District Landscape Code. (Ord. No. 00-51 § 2, 10-4-00) Section 2. Purposes. The purposes of this article are to provide uniform landscape design and planting standards for development in the central business district (CBD), and include provisions for pedestrian walkways, screening of service areas, and lighting installations. (Ord. No. 00-51 § 2, 10-4-00) Section 3. Definitions. Definitions under Article I, Section 3 and Article II, Section 3 shall apply to terms as used in this article and the following definitions shall also apply: Tree protection. Treatment of all existing trees shall comply with Article I, Sections 1 through 30. (Ord. No. 00-51 § 2, 10-4-00) Section 4. Applicability of the central business district landscape code. This article shall apply concurrently and in direct relation to the requirements of the central business district regulations of the zoning ordinance. These regulations apply to new construction, November 9, 2010 - 33 - LANDSCAPE DESIGN AND BUFFERING STANDARDS major modifications to existing sites, and newly landscaped areas where compliance with regulations does not decrease conformance with parking regulations. Compatibility with existing landscaping. In order to maintain compatibility with adjacent development, the city may require where desirable, that site landscaping be designed similar to adjacent or nearby property. (Ord. No. 00-51, § 2, 10-4-00) Section 5. Central business district landscape plan to be submitted, review and approval required. Any person owning property within the central business district desiring to obtain a building permit for construction of any building shall submit a landscape plan to the planning director. Sec. 6.Landscape plan approval. Except for single-family dwellings, prior to the issuance of any building permit or certificate of occupancy, under the provisions of this article and the Boynton Beach Building Code, except for minor modifications a landscape plan shall be submitted to and approved by the planning and development board. The landscape plan shall be drawn to scale, including dimensions and distances, and delineate the existing and proposed parking spaces or other vehicular use areas, access, aisles, drive-ways, sprinklers or water outlet locations, and the location, size and description of all other landscape materials, the location and size of buildings if any to be served, and shall designate by name and location the plant material to be installed or, if existing, to be used in accordance with the requirements hereof. There shall be an application fee as adopted by resolution of the City Commission for landscape plan approval. No landscape permit, building permit and certificate of occupancy shall be issued for such building or paving unless such landscape plot plan complies with the provisions herein. There shall be a permit application fee adopted by resolution of the City Commission for landscape plan approval. No landscaping shall be installed without a landscaping permit. All inspections to determine compliance with the approved site plan shall be conducted by the development department. (Ord. No. 00-51, § 2, 10-4-00) Section 7. Performance surety. In the event that the landscaping requirements of this article have not been met at the time that a certificate of occupancy could otherwise have been granted, and said certificates requested by the developer, the city shall enter into an agreement with the owner that the provisions and requirements of this article will be complied with. In that case, the owner shall post a performance bond or other city-approved surety in an amount equal to one hundred ten (110) per cent of the costs of materials, labor and other attendant costs incidental to the installation of the required landscaping based upon an estimate provided by a registered landscape architect. The surety shall: A. Run to the City Commission; B. Be in a form satisfactory and acceptable to the city manager. November 9, 2010 - 34 - LANDSCAPE DESIGN AND BUFFERING STANDARDS C. Specify the time for completion of the landscaping requirements of this article as determined by the city manager. (Ord. No. 00-51, § 2, 10-4-00) Section 8. Maintenance and irrigation. A. The owner shall be responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. B. All plantings including trees must not be trimmed nor sheared of foliage during the first growing year, and must be maintained to continue the buffering/screening objective of these regulations. Trees shall not be thinned nor canopy raised to an unnatural extent. All existing and newly installed trees must be maintained in accordance with standards of the National Arborists Association. All existing and newly installed trees found not to be trimmed in accordance with the NAA standards must be replaced with the same size tree. Site maintenance shall not alter screen or barrier to decrease the original level of required density. C. All planted areas and trees shall be irrigated by an automatic irrigation water supply system, which shall be maintained in good working condition. D. All existing and newly landscaped properties shall receive an initial landscape/irrigation inspection and thereafter a semi-annual inspection for compliance with the site visual buffering provisions of this code. All perceived site signage/landscape conflicts will be corrected during the inspection process. E. Violation and penalties for non-compliance of required landscaping (maintenance). For any and every violation of the provisions of this code, and for each and every day that such violation continues, said violation(s) shall be $250 per day until violation is corrected by the property owner. Persons charged with such violation(s) may include: 1. The owner, agent, lessee, tenant, contractor or any other person using the land, building or premises where such violation has been committed or shall exist, or 2. Any person who knowingly commits, takes part or assists in such violation, or 3. Any person who maintains any land, building or premises in which such violation shall exist. (Ord. No. 00-51, § 2, 10-4-00) Section 9. Central business district landscape requirements. Development in the central business district shall conform to these minimum landscape requirements, and where possible shall conform with recommendations of the central business district design guidelines. In order to maintain compatibility with adjacent development, the city November 9, 2010 - 35 - LANDSCAPE DESIGN AND BUFFERING STANDARDS may require where desirable that site landscaping be similar to landscaping species and the design existing on adjacent or nearby property. A. Landscaped areas: 1. Perimeter strip landscaping. Except along the east side of NE 6th Street north of Ocean Avenue and the south side of Casa Loma Boulevard, landscape strips with landscaping material are required to be located within the property line along the entire perimeter of parking and vehicular use areas, and shall meet the following minimum requirements: a. Landscape perimeter strips shall be at least three (3) feet wide. b. Living plant materials shall cover at least seventy (70) per cent of the required landscaped area, and shall include trees, continuous hedges, and ground cover, but not lawn grass. Where sufficient depth exists, this area shall also include a combination of colorful groundcover plants (annuals may be supplemental to other groundcover plants but not be a substitute) and a minimum of two colorful shrub species planted in a continuous row or in clusters beginning at the project entrance or corner. c. Trees are required at the rate of one (1) per thirty (30) linear feet of perimeter strip, and may be either grouped or uniformly spaced. Trees required may be planted a maximum of twelve (12) feet from the property line. d. Shrubs shall be planted eighteen (18) inches on center or tip-to-tip (whichever is most intense) in perimeter strips to form continuous screen hedges. Hedges shall be allowed to grow and shall be maintained at a height of two and one-half (2 1/2) to three and one-half (3 1/2) feet. Decorative screen walls may be installed in lieu of hedges. e. Landscaped area edges adjacent to vehicular use areas shall be protected by upright curbs or wheel stops. f. Trees and shrubs shall not be installed to conflict with utility easements. g. Landscape strip requirements may be waived along a common property line where an approved landscape strip exists on the adjacent property, in which case additional plantings or amenities shall be required to be installed in other suitable locations on the site. h. Perimeter screen hedge requirements may be waived along the common property line where abutting property owners provide shared parking spaces, shared public access or other shared public amenities. i. Mulch other than Cypress shall be used and maintained for landscaping purposes. 2. A landscape screen of at least seven (7) feet in width shall be comprised of the following elements: November 9, 2010 - 36 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 3. Interior parking landscaping. Landscaping is required to be located within the interior or parking areas, and shall meet the following minimum requirements: a. Interior landscaped areas shall calculate to at least twenty (20) square feet of landscaping for each parking space not abutting the perimeter landscape strip, excluding spaces in parking garages. Required square footage of interior landscaping may be reduced to ten (10) square feet for each parking space, provided that at least one (1) shade tree is installed per four (4) interior parking spaces, in accordance with the requirements of sub-section B.1.a. of this section. b. At least one (1) tree shall be installed for every 10 parking spaces. c. Grass may be installed as ground cover where the individual landscaped area is at least two hundred (200) square feet. d. Landscaped area edges adjacent to vehicular use areas shall be protected by upright curbs or wheel stops. 4. Railroad buffer strip landscaping. Properties adjacent to the F.E.C. Railroad right-of- way are required to have a landscape buffer strip along the right-of-way. The landscape buffer strip shall meet the following minimum requirements: a. Landscaped buffer strips shall be at least five (5) feet wide. b. Living plant materials shall cover at least seventy (70) per cent of the required landscaped area, and shall include trees, shrubs and ground cover, but not lawn grass. c. Small trees shall be planted no greater than fifteen (15) feet on center along the buffer strip. d. Shrubs shall be planted to form a continuous dense screen hedge. The shrubs shall be maintained to grow to their full natural height. e. Shade trees shall be planted no closer than twenty (20) feet to the railroad right-of- way. 5. Entrance treatments. Parking area entrances and pedestrian building entrances shall be given special treatment consideration in accordance with the intent of central business district design guidelines. Landscaping at project entrances shall contain a combination of colorful groundcover plants (annuals may be supplemental to other groundcover plants but not be a substitute) and a minimum of two colorful shrub species on both sides of entrance (if sufficient space is available), and a signature tree with a minimum of six (6) foot of clear trunk all planted to preserve the clear sight area. The signature tree does not contribute toward the required number of perimeter trees. All trees must be standards and have a minimum clear trunk of six feet. November 9, 2010 - 37 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 6. Site signage. The base of a sign shall be enhanced with colorful groundcover plants (annuals may be supplemental to groundcover plants but not be a substitute) and a minimum of two colorful shrub species all selected for entrance compatibility (not to be less than 2 feet in width and placed around no fewer than 3 sides). Species selection and design shall ensure visibility to low monument signs at plant maturity. Landscaping of plaza/shopping center signs shall also include a minimum of one (1) signature tree. 7. Decorative screen walls: a. Wall construction shall be surface textured concrete or masonry, with architectural enhancements such as columns, scoring, etc. b. Screen walls adjacent to streets and alleys shall not exceed three (3) feet in height, unless they are screening service and dumpster areas. 8. Landscaping of open walls. The provisions of this section shall apply to the front elevation wall and two side elevation walls (and rear elevations where visible from adjacent rights- of-way) of all commercial or non-residential buildings (excluding industrial uses with exposure limited to local streets) where that portion of the base level void of windows, awnings, and doorways exceeds 25 lineal feet, or where otherwise recommended by the Director for minimal aesthetic improvement. Foundation landscaping shall be placed in a strip of land not less than five (5) feet wide and shall include a continuous colorful shrub and groundcover compatible with perimeter landscaping (rights-of-way), or a minimum 10 foot wide cluster of the same plants spaced a maximum of 15 lineal feet apart. Foundation landscaping may be placed abutting the wall or planted in a separate planter no farther than 20 feet from the wall of larger projects or shopping centers. Height of trees when planted shall be a minimum of 1/2 building height at the time of planting. Palm tree species should be slow growing, multi-trunk, with the majority of the tree canopy providing a visual barrier of the open wall. Eligible palm tree species may be one or more of the following: Pygmy Date Palm, Paurotis, Adonidia, Foxtail, and Royal. 9. Service areas and dumpsters: a. Dumpsters shall be placed on a concrete pad, of at least one hundred (100) square feet. b. Service areas and dumpsters shall be screened from view by walls at least six (6) feet high, landscaped with shrubs and/or vines. 10. Parking area lighting. Parking area lighting units shall be installed and shall be: a. Designed to provide at least an average of one (1) footcandle at ground level. b. Located to not reflect directly onto adjacent property. c. Indicated on the landscape plan, and specified on the drawings. d. Energy efficient, high pressure sodium. November 9, 2010 - 38 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 11. Pedestrian lighting. Pedestrian lighting units shall be installed and shall be: a. Designed to provide at least an average of three-quarters footcandle at ground level. b. Located to not reflect directly onto adjacent property. c. Indicated on the landscape plan, and specified on the drawings. d. Energy efficient, metal halide. 12. Pedestrian walkways. Pedestrian walkways shall be installed, and shall be in accordance with the intent of the central business district design guidelines. 13. Exterior furnishings. Exterior furnishings to be installed, including seating, fountains, garbage receptacles, sculpture, bollards, drainage gratings and related items shall be indicated on the landscape plan and be specified on drawings. 14. Curbs, wheel stops and stall marking. Curbs, wheel stops and stall marking shall be indicated on the landscape plan and be specified on drawings. 15. Visibility. When a driveway intersects a public right-of-way, or when the property abuts the intersection of two (2) public rights-of-way, landscaping within the areas described in a. and b. below shall allow cross visibility between three (3) feet and six (6) feet above grade level. Trees may be permitted provided they do not create a traffic hazard and are trimmed to allow the required visibility. a. The rectangular areas of property on both sides of a driveway formed by its intersection with the public right-of-way for fifteen (15) feet in length along the right-of-way and five (5) feet in width. b. The triangular area of property abutting the intersection of two (2) public rights-of- way, with the two (2) sides abutting the rights-of-way each being twenty (20) feet. c. Shrubs and ground cover in land- scaped parking areas shall be maintained so as to be no higher than three (3) feet within five (5) feet of a driveway. B. Planting specifications. Plant materials shall be Florida No. 1 or better as specified in the current “Grades & Standards for Nursery Plants,” State of Florida, Department of Agriculture, and shall meet the following minimum requirements when installed: 1. Shade trees: a. Shade trees shall be at least twelve (12) feet high, with a seven-foot spread, a three- inch caliper trunk diameter measured six (6) inches above grade, and have six (6) feet of clear wood. November 9, 2010 - 39 - LANDSCAPE DESIGN AND BUFFERING STANDARDS b. Shade trees to meet the minimum requirements for parking areas shall be selected from the approved species list in the central business district design guidelines. c. Shade trees shall be installed to meet the following minimum requirements: (1) Shall be planted in area with at least a three-foot wide minimum dimension. (2) Shall be protected by an upright curb or wheel stop if within three (3) feet of a vehicular surface. (3) Center of tree trunk shall be in line with the center of line denoting edge of parking space if within three (3) feet of a parking space. 2. Signature trees. A signature tree is a tree with blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image with this element of aesthetic uniformity. Signature trees include Yellow Elder, Tibouchina Granulosa, and Bougainvillea. 3. Small trees. Small trees, to meet the minimum requirements for F.E.C. Railroad buffer, shall be at least eight (8) feet high, with a five-foot spread, multi-trunk, and shall consist of the following species: Wax Myrtle - Myrica cerifera Sea Grape - Coccoloba uvifera Bottle Brush - Callistemon rigidus 4. Shrubs: (a) Shrubs shall be at least three (3) gallon container, twenty-four (24) inches high, with an eighteen (18) inch spread, planted eighteen (18) inches on center. (b) Shrubs shall meet the minimum requirements for screen hedges and F.E.C. Railroad buffer. Shrubs and hedges shall be a minimum of twenty-four (24) inches in height, twenty-four (24) inches in spread and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site and be selected from the following species: Japanese Privet - Ligustrum japonicum Sandankwa Viburnum - Viburnum suspensum Coco Plum - Chrysobalanus species 5. Vines. Vines shall be at least two (2) feet high, and shall be planted not more than five (5) feet on centers. November 9, 2010 - 40 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 6. Ground cover. Ground cover shall be at least one-gallon container, with a twelve-inch spread, and shall be planted not more than twelve (12) inches on center. 7. Lawn grass. Lawn grass shall be St. Augustine turf grass, and only sod shall be planted. 8. Additional Plantings. After the minimum requirements have been met using the required species, other species may be planted as additional landscaping. 9. Prohibited species. The following species shall not be planted: Australian Pine - Casaurina equisetifolia Brazilian Pepper - Schinus terebinthifolius Cajeput Melaleuca - Melaleuca leucadendra Fichus - Fichus species 10. Native vegetation. At least ninety (90) per cent of shade and small tree species installed shall be native vegetation. 11. Mulch and ground cover other than living plantings. Planting beds and trees shall be mulched to a depth of at least two (2) inches. Mulch other than Cypress shall be used and maintained for landscaping purposes. 12. Lake areas (retention ponds excluding city-operated) in excess of one acre in area shall be planted to create a habitat that provides the optimal environment for aquatic and other species. Lakes provided for new construction or major modifications of existing projects shall be planted as follows: a. To occupy a minimum of 50% of lake perimeter with littoral plantings; b. To consist of a minimum of 10 square feet of littoral shelf per linear foot of lake; c. To consist of a minimum of 1 native tree per 50 feet of linear lake frontage; and d.All vegetation installed contiguous to each other, minimum 3:1 bank slope, 100% appropriate native vegetation, installed with proper spacing and for full coverage of littoral shelf areas. All littoral and upland plantings established consistent with these standards shall be maintained in accordance with a management plan approved by the city at the time of site plan approval or permitting. (Ord. No. 97-26, §1, 7-1-97; Ord. No. 00-51, § 2, 10-4-00) Section 10. Reserved. November 9, 2010 - 41 - LANDSCAPE DESIGN AND BUFFERING STANDARDS C. Suburban Landscape Code 1. General. a. Applicability. The “suburban landscape code” shall apply to all properties that have a conventional or planned residential, commercial, industrial, or miscellaneous zoning district, and including the Suburban Mixed-Use (SMU) district, all of which are identified in Chapter 3, Article III of these regulations. b. General Rules. All areas used for the outdoor display and / or parking of vehicles, boats, construction equipment, or the like shall conform to the minimum landscaping requirements as provided herein. This includes vehicle-intensive uses, such as auto dealers and automotive repair. 2. Landscape Strip Abutting Rights-of-Way. A landscape strip (i.e. planted area) shall be required within the front and side corner yards of a property where it abuts a road right-of- way, in order to beautify the corridor and screen off-street parking lots and other vehicular use areas.The strip shall be removed of all construction debris and backfilled with clean fill to a depth of one (1) foot. The requirements for this strip vary, depending upon the abutting roadway classification and the location of off-street parking lots or vehicular use areas. However, in no case shall vehicles be allowed to protrude into or over the strip (see Chapter 4, Article VI, Section 3.B.7). November 9, 2010 - 42 - LANDSCAPE DESIGN AND BUFFERING STANDARDS It is the intent of these regulations that this strip of land be entirely planted and designed with two (2) layers of plant material, namely an inside and outside portion, and in accordance with one (1) or more of the following requirements: a. Parking / Vehicular Use Areas Abutting Arterial or Collector Roadways. This landscape strip shall be at least 10 feet in width or wider as necessary to provide adequate screening. (1) The inside portion of the landscape strip shall include a berm, designed at a slope of three to one (3:1), and a continuous hedge. The berm and hedge shall total a minimum of 36 inches in height at the time of planting, but in no instance shall the hedge material be installed at less than 18 inches in height. One (1) tree shall be planted at a maximum spacing of 30 feet apart. Tree spacing may be reduced for vehicle-intensive or other unsightly areas; (2) The remaining outside portion of a landscape strip shall consist of a minimum of three (3) shrub species, two (2) of which shall be flowering species, planted in continuous rows or clusters. Plant selection and planting patterns that optimize the display of plant texture and color are encouraged; and November 9, 2010 - 43 - LANDSCAPE DESIGN AND BUFFERING STANDARDS (3) Visibility and clear sight at the vehicular access points along the abutting right-of-way shall comply with Section 4.A.14.b above. (4) See Section 6.J for additional regulations regarding the required width of the landscape strip abutting the right-of-way for large non-residential (Big Box) developments. b. Parking / Vehicular Use Areas Abutting Streets other than Arterial or Collector Roadways. The landscape strip, intended to screen off-street parking lots and other vehicular use areas located within front and side corner yards, shall be at least seven (7) feet in width and designed as follows: (1) The inside portion shall consist of a continuous hedge, installed at a minimum of 24 inches in height above finished grade and one (1) tree spaced a maximum of 30 feet apart. A berm is optional. Tree spacing may be reduced for vehicle- intensive or other unsightly areas; (2) The remaining outside portion shall consist of a minimum of three (3) shrub species, two (2) of which shall be flowering species, planted in continuous rows or clusters. Plant selection and planting patterns that optimize the display of plant texture and color are encouraged; and (3) Visibility and clear sight at the access points along the abutting right-of-way shall comply with Section 4.A.14.b above. (4) See Section 6.J for additional regulations regarding the required width of the landscape strip abutting the right-of-way for large non-residential (Big Box) developments. c. Buildings or Structures Abutting Roadways. A landscape strip of varying width shall be required where building(s), pedestrian areas, and / or sidewalks abut any classification of roadway.This necessary planting strip shall consist of trees, spaced a maximum of 30 feet apart, and shrubs and colorful ground cover installed at the base. The “inside” and “outside” portions of the landscape strip as described in Section 4.C.2.a or Section 4.C.2.b are not November 9, 2010 - 44 - LANDSCAPE DESIGN AND BUFFERING STANDARDS required under these circumstances. However, landscape material and planting patterns shall be consistent with the landscape strip required as noted in the sections above and also with foundation planting requirements of Section 4.F Landscape material, except low growing shrubs, shall be located at least three (3) feet from the edge of a sidewalk. d. Certificate of Conformity. All lots subject to eminent domain proceedings must provide landscape material within landscape strips abutting rights-of-way in conformance with Chapter 3, Article V, Section 11.G.4. D. Required landscaping adjacent to public rights- of-way. On the side of a building or open lot use providing an off-street parking area or other vehicular use area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of- way, excluding dedicated alleys to the rear of building, there shall be provided a strip of land at least seven (7) feet in width between such area and such right-of-way. This strip of land shall be comprised of the following elements: The first outside layer shall be a combination of colorful groundcover plants (annuals may be supplemental to other groundcover plants but not be a substitute) and a minimum of two colorful shrub species planted in a continuous row or in clusters spaced no greater than 20 feet apart beginning at the project entrance or corner (individual clusters being a minimum of five (5) feet wide; excluding properties zoned M-1 that front on local streets). For sides of property with linear distances less than 40 feet, the first layer of plants shall only be required at project corners. The next layer shall consist of a continuous hedge or decorative site wall and one (1) tree spaced a maximum of 30 feet apart (spacing may decrease to a maximum of 10 feet for unsightly, vehicle-intensive, or other uses requiring greater buffering as recommended by the Director). (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 November 9, 2010 - 45 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 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. Perimeter Landscape Buffers. a. General. Perimeter landscape buffers, where required, shall be provided along side interior and rear property lines. The type of landscape buffer required may vary upon the zoning districts, uses, densities, intensities, and building height(s) of the subject property and abutting and / or adjacent property. The requirement for perimeter landscape buffers along front and side corner property lines shall be met through the provision of a “landscape strip” along street rights-of-way pursuant to Section 4.C.2 above. b. Standards. Perimeter landscape buffers shall be applied and designed as follows: November 9, 2010 - 46 - LANDSCAPE DESIGN AND BUFFERING STANDARDS (1) Table 4-5. Suburban Landscape Buffer (Type 1). Suburban Landscape Buffer (Type 1)* Description:Required between compatible uses and similar zoning districts, such as a commercial use abutting a commercial zoning district, to provide a visual screen of at least three (3) feet in height comprised of trees, and shrubs. Requirements: 1.Minimum buffer width of five (5) feet; 2.One (1) tree spaced every 30 linear feet on center; 3.Shrubs planted tip-to-tip to provide a continuous hedge three (3) feet in height; and 4.* See (5) Notes below for additional regulations. November 9, 2010 - 47 - LANDSCAPE DESIGN AND BUFFERING STANDARDS (2) Table 4-6. Suburban Landscape Buffer (Type 2). Suburban Landscape Buffer (Type 2)* Description:Required between incompatible uses and zoning districts, such as a commercial or industrial use abutting a residential zoning district, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of trees, hedges, and shrubs, in combination with a buffer wall. Requirements: 1.Minimum buffer width of 12 to 15 feet, depending on degree of incompatibility, mulched (no sod); 2.One (1) tree spaced every 20 to 30 linear feet on center, depending on degree of incompatibility; 3.A continuous hedge of three (3) feet in height located on the outside of buffer wall; 4.A six (6)-foot tall masonry buffer wall; and 5.* See (5) Notes below for additional regulations. November 9, 2010 - 48 - LANDSCAPE DESIGN AND BUFFERING STANDARDS (3) Table 4-7. Suburban Landscape Buffer (Type 3). Suburban Landscape Buffer (Type 3)* Description:Required around perimeter property lines of a planned commercial development (PCD) when abutting a single-family residential zoning district; and required for Suburban Mixed Use (SMU) and Planned Industrial Development (PID) zoning districts, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of trees, hedges, and shrubs in combination with a buffer wall. Requirements:1.Minimum buffer width of 25 to 40 feet, depending on degree of incompatibility, mulched (no sod); 2.One (1) tree spaced every 20 linear feet on center; 3.A continuous hedge of three (3) feet in height on outside of buffer wall; 4.A six (6)-foot tall masonry buffer wall (optional for PID); and 5.* See (5) Notes below for additional regulations. November 9, 2010 - 49 - LANDSCAPE DESIGN AND BUFFERING STANDARDS (4) Table 4-8. Suburban Landscape Barrier Suburban Landscape Barrier* Description:Required between incompatible uses and zoning districts; or where there are differences in density, intensity, or building heights; or for those certain uses requiring additional screening in order to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and / or berm. Requirements:1.Minimum buffer width varies, depending on degree of incompatibility and necessary planting area, mulched (no sod); 2.One (1) tree spaced every 20 linear feet or less, with staggered understory trees between, as needed to provide opaque screening; 3.Two (2) staggered rows of shrubs as needed to provide opaque screening; 4.An optional six (6)-foot tall masonry (concrete block) buffer wall and / or a berm (earthen embankment) with a minimum 3:1 slope may be used with plantings to achieve the necessary screening height; and 5.* See (5) Notes below for additional regulations. (5) Notes. * Minimum buffer and barrier requirements, including caliper of trees, may be increased as warranted by development characteristics such as use, density, intensity, or building height; to mitigate impacts upon abutting or November 9, 2010 - 50 - LANDSCAPE DESIGN AND BUFFERING STANDARDS adjacent properties; or to further the beautification objectives of this article. Also, buffer requirements may be decreased due to existing buffers and screening on abutting or adjacent properties, or when projects are designed for interconnectivity, unified control, or master planned. Refer to the Use Matrix, Notes, and Restrictions (Ch. 3, Article IV, Section 4) for additional landscape requirements that may apply to certain specific uses. c. Exceptions (Cross Access). The landscape buffer requirements may be fully or partially waived where accommodating existing or future shared vehicular use areas, driveways (access), and / or parking stalls between properties. d. Along Florida East Coast Railroad. 4. Railroad buffer strip landscaping. Properties adjacent to the F.E.C. Railroad right-of-way are required to have a landscape buffer strip along the right-of-way. The landscape buffer strip shall meet the following minimum requirements: (1) a. Landscaped buffer strips shall be at least five (5) feet wide. (2) b. Living plant materials shall cover at least seventy (70%) per cent of the required landscaped area, and shall include trees, shrubs and ground cover, but not lawn grass sod. (3) c. Small trees shall be planted no greater than fifteen (15) feet on center along the landscape buffer strip. (4) d. Shrubs shall be planted to form a continuous dense screen hedge. The shrubs shall be maintained to grow to their full natural height. (5) e. Shade trees shall be planted no closer than twenty (20) feet to the railroad right-of-way or as otherwise required by the authority having jurisdiction over the railroad right-of-way. e. Miscellaneous. No vehicles may encroach or protrude into the required landscape buffer (see Chapter 4, Article VI, Section 3.B.7). November 9, 2010 - 51 - LANDSCAPE DESIGN AND BUFFERING STANDARDS Section 3. Buffer areas (screening). Subdivisions and other dwelling-type projects shall be buffered to separate residential developments from commercial and industrial developments with a six-foot high masonry wall or landscaped chain link fence, or some other equivalent buffer which shall also be at least six (6) feet in height, except where such developments are separated by a golf course or other equivalent barrier. Residential developments shall also be buffered and protected from adjacent expressways, arterials and railroad rights-of-way with a five-foot limited access easement, which shall be shown and designated on the plat, except where access is provided by means of a marginal access road or where such expressway, arterial or railroad right-of-way abuts a golf course. As an alternative, a six-foot high decorative masonry wall or landscaped chain link fence or other equivalent buffer, which shall be at least six (6) feet high, may be provided in a limited access easement that is five (5) feet wide. For other types of screening requirements, refer to the specifics for the zoning district which the site is located in as noted in Chapter 2, ZONING. E.Buffer requirements. On the site of a building or structure or open lot use providing an off-street parking area or other vehicular use area, such area shall be provided with a landscaped barrier, preferably a hedge not less than four (4) feet nor greater than six (6) feet in height to form a continuous screen between the off-street parking area or other vehicular use area and such abutting property. Such landscape buffer shall be 2 1/2 feet deep and located between the common lot line and the off-street parking area or other vehicular use area except where an industrial or commercial zoning district abuts a residential zoning district, this planting strip shall not be less than 5 feet in depth between commercial and residential zoning districts and 15 feet in depth between industrial and residential zoning districts, and include a minimum of one tree planted for every 30 linear feet of property. Where the hedge and tree requirements are met on one property, only the green space width shall be required for the abutting property. The provisions of this subsection shall not be applicable when a property line abuts a dedicated alley. 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 November 9, 2010 - 52 - LANDSCAPE DESIGN AND BUFFERING STANDARDS residential district such greenbelt shall have a minimum width of twenty-five (25) 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. (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. 4. Interior Open Space. B.Open space: Adequate landscaped open space shall be provided to meet which meets the particular needs and demands of the proposed each development. The type and distribution of all open space shall be determined by the character, intensity and anticipated residential or user composition of the corresponding proposed development. a. Multi-family and Planned Developments. Landscaped open space shall be provided to meet the particular needs of the subject development. The provision and design of such open space shall be a factor of project size, density, and anticipated user composition of the development. It is the intent of this subparagraph to require pervious space within common areas that enhances development with a combination of passive or open play areas, and areas with cooler micro-climates created by extensive tree canopies, cool ground surfaces, and proper building massing and orientation for air flow. In addition to the landscaping required by other sections of this article, the following requirements specifically apply to multi-family developments, town homes and planned developments, such as within a PUD or SMU district: (1) The project shall include one (1) tree for every 1,400 square feet (or fraction thereof) of developed areas as represented by principal and accessory buildings. Trees required along street November 9, 2010 - 53 - LANDSCAPE DESIGN AND BUFFERING STANDARDS frontages shall not count toward this requirement. However, credit shall be given toward this requirement for those trees that are preserved on-site and deemed healthy by staff or a certified arborist. The use of canopy trees should be emphasized in order to maximize shading; (2) Except for recreational settings for open-play and areas used principally for drainage and storm water management purposes, the use of sod should be replaced with fully planted areas, and mulch or alternative natural covers such as pine needles from the concentration of slash pine trees or comparable species. Hard surfaces used in these areas should be avoided, except for the minimal use of pavers or other pervious, or partially-pervious materials; and (3) Larger open areas should be located central within the project, to minimize distance to all units. The open areas can be designed in conjunction with active play areas such as swimming pools and hard court game areas; however, such impervious areas shall not count towards this requirement for interior open space. K. General landscaping for cluster and multifamily housing developments. In addition to the landscaping required by other sections of this code, the following number of trees are required for open common areas. 1. A minimum of one tree for each one thousand five hundred (1,500) square feet (or fraction thereof) of developed area. Trees that are preserved on site in open common area shall receive credit against the landscape area requirements. It is the intent of this section to create a park- like environment. This section is included in order to create privacy, shaded areas and an aesthetically pleasing environment, and in determining the validity of any site plan in accordance with Section 6, the planning and development board shall take these factors into consideration. b.SMU Suburban Mixed Use District. See usable open space requirements of the Suburban Mixed Use (SMU) district in Chapter 4, Article III, Section 3.B. c. PID Planned Industrial District. Each development shall contain a minimum of 20% unobstructed, November 9, 2010 - 54 - LANDSCAPE DESIGN AND BUFFERING STANDARDS non-vehicular open space. Areas designed to meet this requirement shall have adequate grading and drainage, and shall be continuously maintained in a dust-free condition by suitable landscaping with trees and shrubs. Preserved or re- established natural landscaped areas or habitats within a PID may count towards this open space requirement without having to meet the requirements regarding grading, drainage, and dust-free condition. 13. Open space. Eachplot to be developed shall contain a minimum of twenty per cent (20%) unobstructed, non- vehicular 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. a.SMU district.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) 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. November 9, 2010 - 55 - LANDSCAPE DESIGN AND BUFFERING STANDARDS (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. (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. Section 5. Alternate Compliance. A. General. Unique conditions associated with individual sites may justify the review and approval of alternative landscape designs that do not specifically comply with the landscaping requirements of this article. A different design proposal may offer superior results or maximum achievement of the City’s objectives which can only be accommodated through the provisions and requirements of this section. This section allows alternate landscape designs that may deviate from the standards of this article that regard, but are not limited to, plant species and spacing, and the locations and widths of landscaping buffers and strips. 1. Purpose and Intent. Alternative compliance is intended to allow for flexibility in landscape design in order to consider unique site characteristics and adjacent uses; maximize preservation of natural amenities; and to accommodate current desirable trends in landscape design and plant selection, and creative design techniques. 2. Administration. The Director of Planning and Zoning or designee shall have the authority to coordinate, interpret, and administer this section. 3.Applicability. Any application for site plan approval may be eligible for alternate compliance pursuant to the Alternative Landscape Plan (ALP). B. Alternative Landscape Plan (ALP). An ALP must meet the following general requirements: 1. General Requirements. November 9, 2010 - 56 - LANDSCAPE DESIGN AND BUFFERING STANDARDS a. The contents and minimum information required on the ALP shall be in compliance with a “standard” landscape plan pursuant to Chapter 2, Article II, Section 2.F. b. The ALP shall include a narrative and any supporting documentation that clearly details and demonstrates compliance with the purpose and intent of Section 1 and the landscape design principles of Section 2 of this article. c. An ALP may be submitted in order to provide a variety of plant materials in excess of the minimum requirements with a greater degree of compatibility with surrounding uses than a standard landscape plan. 2. Review Criteria. a. Unique Characteristics. An ALP shall only be accepted for review if in compliance with the purpose and intent of this section. b. Meets or Exceeds Minimum Standards. The ALP exceeds the minimum standards and furthers the design principles of this article. c. Consistency and Compatibility. The proposed ALP is consistent with desirable landscaping materials and designs on adjacent projects. Section 6. Community Design. A. General. 1. Purpose and Intent. The purpose of this section is to provide additional landscaping necessary to further the design objectives and principles of this article. 2. Administration. The Director of Planning and Zoning or designee shall have the authority to coordinate, interpret, and administer this section. 3. Applicability. The provisions of this section shall apply to all new construction and major modifications to existing sites, excluding single-family and duplex dwelling units on individually platted lots within single-family or two-family residential districts. This section shall not apply to newly created November 9, 2010 - 57 - LANDSCAPE DESIGN AND BUFFERING STANDARDS landscaped areas where compliance with regulations does not decrease conformance with parking regulations. 4. Relief from Standards. Any deviation from these landscape standards shall require a Community Design Plan Appeal (CDPA), which is subject to review and approval by the City Commission. A request for a CDPA shall be reviewed in accordance with Chapter 2, Article II, Section 4.B. Q.Compatibility with existing landscaping. In order to maintain compatibility with adjacent development, the Citycity may require, where desirable, that site landscaping be designed similar to adjacent or nearby property. B. Foundation Landscaping Areas. 1. Applicability. The requirement for foundation landscaping areas (shrubs and trees) shall apply to all front and side elevations of multi-family residential and non-residential buildings. These provisions are expanded to include rear elevations where buildings are visible from adjacent rights-of-way, residential zoning districts, or where otherwise recommended by staff. 2. Rules. Foundation landscaping areas are not required in those particular locations within a site where vehicular use areas or pedestrian / covered walkways would conflict (i.e in front of loading docks, underneath covered walkways, within streetscape design). 3. Standards. a. Maximum Distance from Façade. Foundation landscaping areas shall be planted abutting the building façade. It may be placed within separate planter areas, a maximum of 15 feet from the building wall provided that the added distance allows for the accommodation of enhanced pedestrian features and / or allows greater space for the planting of trees that will exceed the minimum specifications of the landscape code. b. Minimum Width. Foundation landscaping areas shall be installed within a strip of land not less than five (5) feet in width, unless designed as part of the streetscape design (see Section 4.B.5 above). The ultimate width and dimensions of this parking area shall be proportional to the size and growing characteristics of intended plants and tree species, as promoted by the November 9, 2010 - 58 - LANDSCAPE DESIGN AND BUFFERING STANDARDS objectives of this article. For large non-residential (big box) buildings greater than 40,000 square feet in size, the location and dimensions of the foundation landscaping area shall be designed as follows: (1) Building facades less than 45 feet in height: The foundation landscaping area along the front and side facades shall be at least 15 feet in width or 50% of the façade height, whichever is greater. (2) Building facades 45 feet in height or greater: The foundation landscaping area along the front and side facades shall be proportional to the size and growing characteristics of intended plants and tree species, as promoted by the objectives of this article. c. Shrubs. Foundation landscaping shall consist of shrubs installed in a continuous row or within 10-foot wide clusters spaced a maximum of 15 feet apart. The selection of shrub species should be compatible with the required plantings of perimeter landscape buffers and landscape strips along the abutting rights-of-way. d. Trees. Tree sizes within foundation landscape strips shall be proportional to building heights and massing; planted no less than one-half (½) the building height when buildings are 45 feet in height or less. For large non-residential (big box) buildings greater than 40,000 square feet in size, the following shall apply: (1) At least 50% of the required trees within the foundation landscaping area shall be a minimum two-thirds (2/3) of the height of the building. (2) One (1) canopy tree or a cluster of three (3) palm trees shall be installed within the foundation planting area every 20 feet on center along each façade. Canopy and palm trees shall be distributed along the entire façade where foundation landscaping areas are required. 4. Miscellaneous. Sidewalks may traverse through the foundation landscaping areas. However, the width of the sidewalk can be no wider than 50% of the required foundation landscaping area or seven and one-half (7-½) feet, whichever is greater. In addition, the minimum width of the area to be planted must be maintained in accordance with the standards of Section 5.B.3 above. November 9, 2010 - 59 - LANDSCAPE DESIGN AND BUFFERING STANDARDS M.Landscaping of open walls. The provisions of this section shall apply to the front elevation wall and two side elevation walls (and rear elevations where visible from adjacent rights-of-way) of all commercial or non-residential buildings (excluding industrial uses with exposure limited to local streets) where that portion of the base level void of windows, awnings, and doorways exceeds 25 lineal feet, or where otherwise recommended by the Directorfor minimal aesthetic improvement. Foundation landscaping shall be placed in a strip of land not less than five (5) feet wide and shall include a continuous colorful shrubs and groundcover compatible with perimeter landscaping (rights-of-way), or a minimum 10 foot wide cluster of the same plants spaced a maximum of 15 linear feet apart. Foundation landscaping may be placed abutting the wall or planted in a separate planter no farther than 20 feet from the wall of larger projects or shopping centers. Height of trees when planted shall be a minimum of 1/2 building height at time of planting. Palm tree species should be slow growing, multi-trunk, with the majority of the tree canopy providing a visual barrier of the open wall. Eligible palm tree species may be one or more of the following: Pygmy Date Palm, Paurotis, Adonidia, Foxtail, and Royal. For properties zoned M-1, this requirement shall only apply to facades oriented toward abutting streets. L.Foundation landscaping. Foundation landscaping shall be required in the front and side of each multifamily or cluster dwelling in order to enhance the visual appearance of the building and to promote privacy. C.Plazas. Plazas shall contain paved, open, and landscaped areas. At least one (1) tree shall be planted for each 900 square feet of plaza area. Shade trees shall be planted within the plaza area or along the periphery. See Chapter 4, Article III, Section 3.B for additional regulations regarding plazas and open space. D. Drive-through Facilities. Pursuant to Chapter 4, Article III, Section 3.A.10, drive-through facilities shall not be allowed on any building facade that directly faces a public or private right-of-way. Landscape material may be used to provide additional screening to ensure that said facilities, located on eligible building facades, are not visible from abutting properties or rights-of-way (pubic and private). This landscape screen shall consist of trees, shrubs, a berm, or a combination thereof, necessary to achieve the desired buffering effect. a. 4. A minimum ten (10) foot wide buffer strip shall be installed between the street right-of-way and the drive-through lane, along the entire length of the drive-through lane facing the street, November 9, 2010 - 60 - LANDSCAPE DESIGN AND BUFFERING STANDARDS and shall be provided in lieu of any landscaping required by the landscape code for vehicular use areas adjacent to a public right-of- way. The width of the buffer strip shall exclude utility easements; b. 5. The landscape buffer strip referenced above shall contain a minimum two (2) foot tall earth berm along the entire length of the drive-through lane facing the street and shall have a slope not to exceed a ratio of three-to-one (3:1); c. 6. The landscape buffer strip referenced above shall be planted with a minimum of one (1) tree, a minimum of twelve (12) feet tall, for each thirty (30) linear feet, or fraction thereof, of drive- through laneage facing the street. In addition, there shall be planted within this buffer strip a continuous solid visual screen at least three (3) feet in height within one year of installation. This screen shall be comprised of at least two different species of shrubs planted in groupings or undulating rows. The shrubs shall be a minimum of three (3) gallons in size with an 18-24 inch spread, full to base, at time of planting. Ground cover shall be planted within 25% of the required area of the landscape buffer strip; and d. 7. The landscape buffer strip referenced above shall use plant materials that meet the quality requirements of the city's landscape code. E. Service Areas. C. Service Areas. 1. Additional screening is required where off-street unloading and loading areas are visible from abutting / adjacent rights-of-way or residential properties. Such screening is comprised of shrub and tree species possessing dense foliage and planted of a size to form a opaque screen. Unloading and loading areas shall be screened from streets and public view by a buffer wall or continuous vegetative buffer.Vegetative buffers shall be comprised of shrub and tree species having dense foliage and of a size and spacing to form a continuous screen of plant material as required by the Landscape Code. F. Mechanical Equipment. If feasible, all above ground mechanical equipment such as exterior utility boxes, meters, and transformers shall be visually screened. Back-flow preventers shall be painted to match the principal structure. See Chapter 4, Article III, Section 3.A.9 for additional regulations regarding the screening of mechanical equipment. 4.Exterior utility boxes, meters, transformers, etc. shall be screened from public view by a buffer wall or continuous vegetative buffer as required by the Landscape Code. G.Dumpster Enclosure. J.Landscaping and dumpsters. All dumpsters should be placed on a concrete pad ten (10) feet in width November 9, 2010 - 61 - LANDSCAPE DESIGN AND BUFFERING STANDARDS wide with an appropriate depth and be screened on three (3) sides as described in Chapter 9, Section 10, Paragraph C.3. Provide accent shrubs along the screen wall. All dumpsters and recycling receptacles are required to be screened in accordance with Chapter 4, Article VI, Section 4.C. Landscape material shall be installed along three (3) sides of the enclosure walls at a minimum of one-half (1/2) the wall height at time of planting. However, within industrial developments, the landscape material may be unnecessary where the dumpster enclosure is located within the vehicular use / loading areas and not visible from adjacent road rights-of-way. Also see enclosure wall requirements Chapter 4, Article VI, Section 4.C. H. Lift Stations. The walls of an enclosure containing a lift station shall have landscape material planted around the perimeter, at a minimum of one-half (1/2) the wall height at time of planting. I. Base of Signs. The base of a sign shall be enhanced with a minimum of two (2) colorful shrub species, selected for entrance compatibility not less than two (2) feet in width and placed around no fewer than three (3) sides. The appropriate selection of species and design shall ensure visibility to low monument signs at plant maturity. Landscaping of signs within plazas and shopping centers shall also include a minimum of one (1) signature tree. Annuals and other flower species may supplement but not substitute the required shrub plantings. O. Site signage. The base of a sign shall be enhanced with colorful groundcover plants (annuals may be supplemental to other groundcover plants but not be a substitute) and a minimum of two colorful shrubs species all selected for entrance compatibility (not to be less than 2 feet in width and placed around no fewer than 3 sides). Species selection and design shall ensure visibility to low monument signs at plant maturity. Landscaping of plaza/shopping center signs shall also include a minimum of one (1) signature tree. All freestanding signs shall be landscaped in an attractive manner, appropriate to the specific location, with a minimum dimension of the landscaped area not less than two (2) feet. Landscaping shall be protected from vehicular encroachment. (Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01- 50, § 3, 12-4-01) J. Landscape Standards for Specific Uses 1. Exterior (Outdoor) Storage. Outdoor storage areas, including where boat repair is allowed, shall be entirely screened from public and private rights-of-way and adjacent properties by a landscape “barrier”. Landscape barrier requirements include a landscape strip containing a six (6)-foot tall buffer wall, trees of varying heights, and shrubs planted tip-to-tip. The buffer wall is not required where the subject property abuts the Light Industrial (M-1) zoning district. A taller wall (up to eight (8) feet in height) November 9, 2010 - 62 - LANDSCAPE DESIGN AND BUFFERING STANDARDS and a berm may be recommended in order to achieve the desired screening effect. Less planting requirements may be allowed depending on the lack of visibility, or based on the adjacent uses and / or zoning districts. See additional regulations regarding the exterior storage of merchandise in Supplemental Zoning Regulations pursuant to Chapter 3, Article V, Section 8. 2. Wireless Communication Facilities (WCF) At minimum, a WCF shall require an Urban Landscape Buffer (Type 1) or Suburban Landscape Buffer (Type 1), whichever is applicable. 3. Group B Satellite Dish Antennae. All Group B Satellite Dish Antennae shall be screened on three (3) sides with landscape materials. If a buffer wall is used for screening purposes, shrubs or other species shall be planted along the base of the wall for visual enhancement. 4.Large Non-Residential (Big Box) Development Regulations. If more than 50% percent of the required off-street (surface) parking is located between the building and a public street, with no intervening buildings that screen the view into the parking area, the landscape strip abutting the right-of-way shall be a minimum of 25 feet in width, including a minimum three (3) foot high berm. 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. (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 (6)-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. November 9, 2010 - 63 - LANDSCAPE DESIGN AND BUFFERING STANDARDS 2.Openings with gates may be allowed where deemed appropriate by the City Commission. 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. Section 7. Penalties. The City or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. Section 10. Enforcement of code regulations and provisions; violations, penalties and other remedies. A. Enforcement responsibility. No building permit, certificate of occupancy, or certificate of completion and use or certificate of occupancy shall be granted by the Department of Development development department, except in compliance with the provisions of this code or court decision. The regulations and provisions of this code shall be held to be the minimum requirements adopted for the protection and promotion of the public health, safety, comfort, convenience, order, appearance, prosperity or general welfare. Whenever the regulations and requirements of this codeconflict are at variance with the requirements of any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply. November 9, 2010 - 64 - LANDSCAPE DESIGN AND BUFFERING STANDARDS B. Violation and penalties for non-compliance of required landscaping (maintenance). For any and every violation of the provisions of this code, and for each and every day that such violation continues, said violation(s) shall be $250 per day until violation(s) is / are corrected by the property owner. Persons charged with such violation(s) may include: 1.The owner, agent, lessee, tenant, contractor or any other person using the land, building or premises where such violation has been committed or shall exist, or 2.Any person who knowingly commits, takes part or assists in such violation, or 3.Any person who maintains any land, building or premises in which such violation shall exist. C. Other legal remedies. In addition to the criminal penalties and enforcement procedures provided, the City Commission may institute any lawful civil action or proceeding to prevent, restrain or abate: 1.The unlawful construction, erection, reconstruction, alteration, rehabilitation, expansion, maintenance or use of any building, structure or parking area, or 2.The occupancy and/or use of such building, structure or parking area,; or 3.The illegal act, conduct, business of use of, in or about such premises. D. Other administrative remedies; building permits and certificates of occupancy and use.The following administrative remedies may be applied when appropriate: 1.Issuance. No building permit, or certificate of occupancy,orcertificate of completion and use shall be issued by the Department of Development development department for any purpose except in compliance with the provisions of this code, conditions of approval, or and other applicable ordinances and laws, a decision of the planning and development board or court decision. The Department of Development may suspend a building permit, certificate of occupancy,orcertificate of completionwhere an administrative determination has been duly made that an error or omission on either the part of the permit applicant or government agency existed in the issuance of the permit or certificate approval. A valid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission. 2.Revocation.TheDepartment of Developmentdevelopment department may revoke a building permit, or certificate of occupancy,orcertificate of completionin those cases where an administrative determination has been duly November 9, 2010 - 65 - LANDSCAPE DESIGN AND BUFFERING STANDARDS made that false statements or misrepresentations existed as to material fact(s) in the application or plans upon which the permit or approval was based. 3. Suspension. The development department may suspend a building permit or certificate of occupancy and use where an administrative determination has been duly made that an error or omission on either the part of the permit applicant or government agency existed in the issuance of the permit or certificate approval. A valid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission. 4.Notice and appeal. All Department of Development development department decisions concerning the issuance, suspension, or revocation or suspension of building permits or certificates and certificates of occupancy shall be stated in official written notice to the permit applicant. Any decision of an administrative official may be appealed to planning and development board within thirty (30) days of the action. that the aggrieved party wishes to appeal. (Ord. No. 00-51 § 2, 10-4-00) Section 7. Performance surety. In the event that the landscaping requirements of this article have not been met at the time that certificate of occupancy could otherwise have been granted, and said permit or certificate is requested by the developer, the city may enter into an agreement approved by the city attorney with the owner or his agent that the provisions and requirements of this article will be complied with. In that case the owner or his agent shall post a performance bond or other city-approved surety in an amount equal to one hundred and ten (110%) per cent of the costs of materials, labor and other attendant costs incidental to the installation of the required landscaping based upon an estimate provided by a qualified landscaping contractor. The surety shall: A.Name the City Commission as beneficiary. B.Be in a form satisfactory and acceptable to the city attorney and the finance director. C.Specify the time for the completion of the landscaping requirements of this article as determined by the city manager.(Ord. No. 00-51, § 2, 10-4-00; Ord. No. 02-033, § 4, 8-20-02) S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 4 Site Development Standards\Final\Amended\Article II Landscape Design and Buffering Standards.doc November 9, 2010 - 66 - EXTERIOR BUILDING AND SITE DESIGN STANDARDS ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 2 Section 1. General. 3 4 A. Purpose and Intent. 5The purpose and intent of this article is to provide 6important community design standards to ensure that the site layout, design, building 7orientation, materials, and appearance of new development or redevelopment promotes 8an exterior design pattern that is functional, practical, equitable, creative, of an aesthetic 9quality, and furthers the objectives of this section and design principles of Section 2. 10Through enforcement of this article, the local appointed and elected officials shall 11determine the basic aesthetic character to be achieved in the development of the 12community. The specific objectives of this article are as follows: 13 14Section 1. Title. This chapter shall be known and may be cited as the "Boynton 15Beach Community Design Plan". (Ord. No. 95-04, § 1, 3-21-95). Sec. 2. Purpose. 16The purpose of this section chapter is to promote harmony with nature and a 17pleasant and comprehensible cohesiveness among development within the City of 18Boynton Beach. Through enforcement of this Community Design Plan, the local 19elected officials shall determine the basic aesthetic character to be achieved in the 20development of the community. (Ord. No. 95-04, § 1, 3-21-95) 21 1. Sense of Place. 22 Create a sense of permanence and place by 23promoting development which respects and contributes to the positive image of 24the city as a whole; 25 2.Focal Points. 26 Establish visual interest through landmarks or 27focal points near major intersections, points of interest, activity nodes, and / or 28prominent gateways to the City; 29 3.Versatility. 30 Allow for buildings to be adaptively reused 31without the need for extensive remodeling or demolition, by designing them 32according to classic architectural styles and principles, as opposed to unique 33corporate themes, images, marketing strategies, or “disposable” prototypes; 34 4.Desirability. 35 Sustain the comfort, health, tranquility, and contentment 36of residents and attract new residents by contributing to a desirable built 37environment; 38 5.Property Value. 39 Minimize incompatible surroundings and visual 40blight which prevent orderly community development and reduce community 41property values; 42 6.Amenities. 43 Encourage and promote development with amenities and 44various types of structures that provide comfort, recreation, aesthetics, and 45protection from the elements. 46 November 9, 2010 1 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 7.Sense of Community. 1 Foster civic pride and community spirit by 2maximizing the positive contribution of development to community attractions, 3gathering places, ans streetscape. 4 8. Sustainability. 5 To promote sustainable or "green" building 6practices that conserve energy, water and other natural resources, preserve local 7and global environmental quality, strengthen the local economy, promote human 8health and safety, create higher quality enduring structures, and offer cost 9reductions in maintenance, solid waste disposal, and energy. 10 B. Administration . 11and Interpretation The Director of Planning and Zoning shall 12have the authority to interpret and administer this article. Sec. 7. Administration 13and interpretation of regulations and provisions. A. The interpretation and 14application of this chapter by the Planning and Zoning Department shall be reasonable 15and uniformly applied to all property, except those exempt in Section 6 above, within 16the City of Boynton Beach. 17 C. Applicability 18. The provisions of this article shall apply to all new 19construction, major modifications to existing sites in connection with site plan review 20(Chapter 2, Article II, Section 2.F), and minor modifications to building or sight 21elements that are regulated by this article, excluding those buildings and site 22improvements exempted in Section 1.D below. 23 24Sec. 4. Applicability.A. New Construction. This chapter shall apply concurrently 25and in direct relation with the requirements of Chapter 4, Site Plan Review of these 26regulations. B. Existing Construction. This Likewise, this section chapter shall be 27applicable under any of the following conditions: 28 291.When an existing building is proposed to be enlarged. 30 312.When exterior alteration or reconstruction of an existing building is changed 32and/or alters the effect of the architectural design of the building. 33 343.When an existing building and/or site is substantially improved. 35 364.When the occupancy classification of the building changes as defined by the 37Standard Building Code. (Ord. No. 95-04, § 1, 3-21-95) 38 D.Exemptions. 39The following building and site improvements shall be 40exempt from the standards of this article: Exemptions. Sec. 6Exemptions. 41Single-family and duplex dwelling units on individually platted lots shall be 42exempt from this section chapter. (Ord. No. 95-04, § 1, 3-21-95) 43 1. 44 Interior renovations to existing buildings and structures; 45 2. 46 Construction of a single-family or duplex dwelling unit on an 47individually platted lot within single-family or two-family residential districts; 48and November 9, 2010 2 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 3. 2 Buildings exempt from local building permits or government review 3pursuant to State of Florida or Federal Statutes. 4 E.Terms and Definitions. 5 See Chapter 1, Article II for all applicable terms 6and definitions which pertain to the regulations and standards contained herein. 7 F. Rules. 8 B. The regulations and provisions of this article chapter shall be 9interpreted to represent held to the minimum requirements adopted for the protection 10and promotion of the public health, safety, comfort, convenience, order, appearance, 11prosperity,or general welfare. 12 G. Conflict. 13 Whenever the regulations and requirements of this code conflict 14with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the 15most restrictive shall apply, unless otherwise stated herein.C. Whenever the 16regulations and requirements of this chapter are at variance with the requirements of any 17other lawfully enacted and adopted rules, regulations, ordinances,or laws, the most 18restrictive shall apply. (Ord. No. 95-04, § 1, 3-21-95) 19 H.Relief from Standards. 20Any deviation from the exterior building and site 21design standards contained herein requires the approval of a Community Design Appeal 22application, which is subject to review and approval by the City Commission. All 23applications shall be reviewed in accordance with Chapter 2, Article II, Section 4.B. 24 Section 2. Design Principles. 25 26 27This article is intended to promote imagination, innovation, and variety by focusing on design 28principles and encouraging creative solutions which serve the following purposes: 29 A. Efficiency and Safety. 30 The design and layout of the proposed 31development, as well as all new and existing buildings should provide an efficient 32arrangement of land uses. Particular attention should be given to safety, crime 33prevention, relationship to the surrounding neighborhood, impact on abutting and 34adjacent properties, pedestrian sight lines and view corridors. 35 B. Compatibility 36. Sec. 9. General Intent. A. Buildings, structures and 37site elements are not required to match surrounding existing developments, but should 38shall be in visual harmony with surrounding developments. B.Buildings Likewise, 39buildingsor structures located on separate parcels and buildings or structures part of a 40present or future multi-building complex, shall should achieve visual unity of character 41and design concepts through the relationship of building style, texture, color, materials, 42form, scale, proportion, and location. (Ord. No. 95-04, § 1, 3-21-95) Additions and 43expansions should be designed, sited, and massed in a manner which is sensitive to and 44compatible with the existing improvement(s). When a distinct development or 45architectural style exists within a surrounding two (2) block area, consistency or 46compatibility with that style should be encouraged. 47 November 9, 2010 3 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 14. Additional standards. a. Building design elements. (1) Massing. The 2proportions and relationships of the various architectural components of the buildings 3should be utilized to ensure compatibility with the scale of other development in the 4vicinity. The buildings should not detract from or dominate the surrounding area. 5 6(4)Overall design. Design of the project shall projects should be tailored to the 7specific site and shall take into consideration the protection and enhancement of any 8natural features of or adjacent to the site as an element in the overall design. 9 101.Proposed buildings and structures shall be related harmoniously to the terrain, 11other buildings and the surrounding neighborhood, and shall not create through their 12location, style, color or texture incompatible physical or visual relationships. 13 14B.When a distinct development or architectural pattern exists within a surrounding 15two block area, consistency with that pattern shall be required, unless the pattern of 16development is in a dilapidated condition. This provision shall not require buildings to 17be exact copies of each other. 18 19C.Buildings or structures which are perceived as part of a present or future group 20of buildings shall exhibit similar, unifying design elements. 21 22D.When the area involved forms an integral part of, or is immediately adjacent to, 23or otherwise clearly affects the future of any established section of the city, the design, 24scale, and location on the site shall enhance rather than detract from the character, value, 25and attractiveness of that section of the city. 26 C.Building Location and Appearance. 27 E. Buildings and other structures: 28 All buildings and structures should be located proposed to be located within a 29development shall be oriented and designed in such a manner as to enhance, rather than 30detract from, the overall quality of the site and its immediate environment. The 31following guidelines shall be followed in the review and evaluation of all buildings and 32structures: 33 1. Location. 34 A. Building Location. 1. Outbuildings, either 35located on the same parcel or an adjacent parcel as the principal building, shall 36not be located so as to totally block from the street, the visibility of any tenant 37space within the principal building on the site. Blocking shall be considered to 38occur if at the street frontage, the head-on view of a tenant space within the 39principal building is not partially visible. 40 a. 41 2. Buildings should shall be designed and sited to fully 42utilize the site and avoid unusable or inaccessible open space or parking 43spaces. 44 b. 45 3. Siting and orientation of buildings must respond to 46consider the pedestrian and / or vehicular nature of the street on which it 47is located. 48 November 9, 2010 4 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 2. Appearance. 1I. 2 a. 3 All building facades of a building that face or are visible from 4public or private streets shall should be designed to be as attractive in 5appearance as the front of the building. Likewise, building facades 6exposed to internal parking areas or adjacent residential or commercial 7properties should be visually attractive through the use of a combination 8of roof design, architectural detail, or recessed wall lines, and 9landscaping. 10 b. 11 Building design of non-residential uses located within single- 12family and two-family residential zoning districts should be consistent 13with surrounding residential styles. 14 3. Human Scale. 15 F. All building designs should shall achieve a 16sense of human scale through use of insets, balconies, window projections and 17other building elements in the design of a structure. All portions of a project 18fronting a street or sidewalk should incorporate an architecturally appropriate 19amount of transparency at the first level of commercial and mixed-use 20developments in order to achieve pedestrian compatibility and adequate visual 21interest. 22 23 24 Discouraged Recommended 25 26 D. Sustainable Development. 27 All developers are encouraged to incorporate the 28applicable provisions of the United States Green Building Council (USGBC), Florida 29Green Building Coalition (FGBC) standards, or better, for green buildings and 30developments. November 9, 2010 5 EXTERIOR BUILDING AND SITE DESIGN STANDARDS Section 3. Community Design Standards 1 2 3Section 1. Title 4 5Section 2. Purpose 6 7Section 3. Definitions 8 9Section 4. Applicability 10 11Section 5. Community Design Review and Approval 12 13Section 6. Exemptions 14 15Section 7.Administration and Interpretation of Regulations and Provisions 16 17Section 8. Reserved 18 19Section 9. General Intent 20 21Section 10. Site Criteria 22 23Section 11. Exterior Building Design 24 25Section 1. Title. 26 27This chapter shall be known and may be cited as the "Boynton Beach Community Design Plan". 28 (Ord. No. 95-04, § 1, 3-21-95) 29 A. Exterior of Building. 30 A. Building design approval shall be based on the use 31of the structure, its relationship to the site, and its compatibility with the surrounding 32natural and built environment. Sec. 10. Site Criteria 4. All buildings, structures, and 33site improvements required under this section and structures shall comply with the 34following community design standards: community design plan. 35 36Section 8. Review standards.The following standards shall be utilized by the 37planning and zoning department and all other applicable departments for review and 38evaluation of all required plans and exhibits. 39 1. Architectural Enhancements. 40 (3)Articulation. Well- 41articulated buildings Façade articulation adds and architectural interest and 42variety to the massing of a building and prevents a plain, help break up the 43monotonous facades. A variety of features must be incorporated into the design 44of the buildings to provide sufficient articulation of the facades. This may be 45achieved by incorporating the use of vertical and/or horizontal reveals, 46stepbacks, modulation, projections, roof detailing, and three dimensional details 47between surface planes to create shadow lines and break up flat surface areas. 48 November 9, 2010 6 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1A minimum of three (3) of the following architectural enhancements or other 2similar treatments shall be integrated into all applicable building facades to 3avoid the appearance of a blank wall: 4 a. 5 Columns or pilasters; 6 b. 7 Decorative cornices; 8 c. 9 Horizontal banding; 10 d. 11 Arches; 12 e. 13 Decorative vents or louvers; 14 f. 15 Moldings and trims; 16 g. 17 Decorative shutters; 18 h. 19 Bay windows; 20 i. 21 Faux windows; 22 j. 23 Art elements; and 24 k. 25 Canopies, balconies, overhangs, and other horizontal projections. 26 In addition, multi-story buildings shall incorporate these design features 27in conjunction with the architectural enhancements listed above within 28this subsection. 29 2. Exterior Treatment and Finishes. 30 Exterior building finishes 31shall be limited to: 32 a. 33 Brick or brick veneer; 34 b. 35 Stone or stone veneer; 36 c. 37 Stucco; and 38 d. 39 Split face (accent only), pre-formed, or textured masonry block. 40 3.Symbols. 41 G. Buildings, which are of symbolic design for reasons 42of advertising, unless otherwise consistent with the criteria herein, shall not be 43allowed. Symbols attached to buildings shall not be allowed, unless they are 44secondary in appearance to the building and landscape and are an aesthetic asset 45to the building; 46 November 9, 2010 7 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 13. All permanent outdoor identification features which are intended to call 2attention to a proposed development and / or structures shall be designed and 3located in such a manner as to be an integral part of the development. 4 4.Building Paint Color(s). 5 6 a. Purpose and Intent. 7 The purpose of this subparagraph 8is to enhance the unique architectural environment of the City by 9establishing general standards for the choice of colors for the exterior 10surfaces of buildings and structures, including courtyards accessible to 11the public.(2)Materials. A variety of materials must be utilized to 12provide visual interest to the buildings. Colors and materials must be 13selected for compatibility with the site and the neighboring area. The 14exterior building design must be coordinated on all elevations with 15regard to color, materials, architectural form, and detailing to achieve 16design harmony and continuity. 17 b. Applicability. 18 The painting of all public and private 19development, but not limited to, new buildings, structures, additions, 20alterations, roof tiles or roof finishes, and the repainting of existing 21buildings and structures. This subparagraph also includes the 22reflectance, tinting, and coloration of glass on the elevations of a 23building or structure. 24 c. Standards. 25 26 27(1)A minimum combination of three (3) complimentary 28building colors shall be used for each development. Painted 29surfaces include the wall, trim, and accents. 30 31(2) Color(s) shall be compatible with the surrounding area 32and used to complement the development; 33 34(3) Paint color should be used to highlight architectural 35forms and details but not to create them. Architectural murals 36may be appropriate for a particular building and may be 37considered on a case-by-case basis; 38 39(4) When a non-residential building contains more than one 40(1) storefront, the building colors shall not be different to 41distinguish between each storefront; and 42 43(5) Stone or tile surfaces shall not be painted unless 44complimentary to the development. 45 5. Awnings and Canopies. 46 The following design standards shall be 47applied to awning and canopies within all districts: 48 November 9, 2010 8 EXTERIOR BUILDING AND SITE DESIGN STANDARDS a. Function. 1Awnings shall be of adequate height and depth to 2provide protection to pedestrian from the elements and used in a manner 3that accentuates architectural features and embellishments; and 4 b. Size. 5 The size of an awning should be proportional to the scale 6of the host building and the surrounding streetscape. 7 c. Appearance and Color. 8 9 a. 10 The appearance and color(s) of awnings shall enhance 11the overall design of the building and be compatible with the 12selected building material(s) and color(s); and 13 b. 14 All awnings shall incorporate uniformity in their design 15(including valances). Scalloped valances may be permitted 16provided that their appearance and color is compatible with the 17type and shape of awning being used as well as with the 18architecture and materials of the building. 19 c. 20No awnings, valances, or support structures (including 21signage attached thereto) shall be internally-illuminated or 22backlit. 23 d. Miscellaneous. 24 25 26(1). Within Right-of-Way. Awnings may extend over a 27public sidewalk within a right-of-way. The applicant shall 28obtain all necessary approvals and permits for those canopies or 29awnings that extend into the public right-of-way, prior to the 30issuance of a permit. 31 32(2). Maintenance. See Section 4. for additional 33regulations regarding the maintenance of awnings and canopies. 34 6.Monotony Restrictions. 35 In order to enhance a desired character or 36appearance and to promote a variety of architectural structures, project may be 37required to include a diversity of floor plans and / or elevations, or a variety of 38residential housing models and / or architectural styles, including but not limited 39to floor plans, elevations, building scale, building massing, building proportion, 40architectural trim and architectural details, within a development. For example, 41the City may require any number of different floor plans of a particular 42architectural style within a development, and may require as a condition of 43approval that a certain number of lots on either side or on the same side of the 44street be constructed with any number of different floor plans or housing model 45types. For purposes of this section, "monotonous" means houses with identical 46floor plans or elevations. 47 November 9, 2010 9 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1See Section 3.E.3 below for additional monotony restrictions for wall and 2fences. 3 7.Overhead Doors. 4 J. Due to the high degree of visibility of 5buildings located on Hypoluxo Road, Miner Road, Congress Avenue, Lawrence 6Road, Gateway Boulevard, Quantum Lakes Drive, Old Boynton Road, Knuth 7Road, Woolbright Road, Boynton Beach Boulevard, Winchester Park 8Boulevard, High Ridge Road, Seacrest Boulevard, Golf Road, Ocean Avenue, 9Federal Highway, Old Dixie Highway, N.E. 10th Avenue and S.E. 36th Avenue; 10most of ,which include are considered entrances to the City, the following 11additional exterior design requirements apply: 12 a. 13 1. Overhead doors shall not be located on a building facade(s) 14visible from that faces any of the above public or private rights-of-way; 15and street 16 b. 17Building facades that are visible from any of the roadways listed 18above shall be designed in such a manner as to enhance and disguise the 19appearance of a warehouse and / or service area. 2. Industrial 20buildingslocated on any of the above streets shall be designed in such a 21manner so as to disguise their typical warehouse appearance. 22 8. Downspouts. 23 External downspouts shall be enclosed within the 24building structure on any building elevation visible from areas within the 25property accessible by the public, from adjoining properties within the same 26master development (including drive aisles and parking facilities), and from 27public rights-of-way. Downspout enclosures shall be incorporated into the 28design of the building and be complimentary to architecture. For example, 29downspouts may be enclosed in columns or pilasters if such features are used 30elsewhere on the building, or are consistent with the building’s architectural 31style. 32 9. Mechanical Equipment. 33Lack of or inadequate screening of 34mechanical equipment can have negative visual impacts on the City's 35streetscape, ambient landscape, or community image. Mechanical equipment 36can further negatively impact the surrounding properties because of the noise 37that may be produced. Such impacts shall be minimized through compliance 38with the following requirements: 39 a.Rooftop. 40 E. Rooftops will be treated as part of the 41building elevation. The building Buildings shall have an appropriate and 42fully integrated rooftop architectural treatment which substantially 43screens all mechanical equipment, stairs, and elevator towers. All 44rooftop equipment must be completely screened from view at a 45minimum distance of 600 feet. Where feasible, rooftop mechanical 46equipment shall be located within the area of the roof surface that is 47farthest away from adjacent residential uses or residential zoned 48property. November 9, 2010 10 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 bAt-Grade. 2. 4. Exterior utility boxes, meters, transformers, 3etc. shall be screened from public view either by a buffer wall in 4accordance with Chapter 3, Article V, or by a continuous vegetative 5buffer as required by Chapter 4, Article II the Landscape Code. The 6intent is to create an opaque barrier constructed of compatible materials 7matching the building in color, or its equivalent in the form of 8landscaping, to a height at least equal to the highest point of the 9equipment. Structural screening shall be architecturally integrated into 10the overall project design and shall be compatible, in terms of style, 11construction materials, colors, and finish, with the principal structure(s). 12 Where feasible, on site mechanical equipment shall be located as far 13away from adjacent residential uses or residential-zoned property as is 14feasible. 15 10. Drive-Through Facilities Drive-up and / or Walk-up Windows. 16H. 17Walk-up windows and drive-through facilities shall not be allowed on any 18building façade that directly fronts on a public or private right-of-way. On 19eligible building façades (sides and / or rear), the following design standards are 20required where windows for drive-through facilities are proposed: Drive-up or 21walk-up windows for commercial uses shall not be located on a building facade 22that faces a public or private street, unless the following requirements are met: 23 a. 24 1. The building facade shall have windows that occupy no less 25than 25% of the facade and that are located at the pedestrian level. A 26maximum of 10% of this 25% may be non-transparent simulated 27windows. 28 b. 29 2. The building facade shall be modulated and divided into 30smaller identifiable pieces to articulate the plane of the facade. 31 c. 32 3. The building facade shall have at least one offset having a 33pitched roof. 34 d. 35 Additional landscaping for the screening of drive-through 36facilities is required in accordance with Chapter 4, Article II, Section 375.D. 38 B. Open Space and Plazas. 39 40 1. General. 41 42 a. Purpose and Intent. 43Open air and semi-enclosed public 44gathering spaces can act as central organizing elements in a large 45development. They can also contribute to the relationship between 46different land uses and provide focal points and anchors for pedestrian 47activity. 48 November 9, 2010 11 EXTERIOR BUILDING AND SITE DESIGN STANDARDS b. Conflict. 1Whenever the regulations and requirements of this 2code are at conflict with any other lawfully enacted and adopted rules, 3regulations, ordinances, or laws, the most restrictive shall apply. 4Additionally, specific design provisions within the zoning district 5regulations of this subsection shall take precedence over the General 6Design Standards of Section 3.B.2 below. 7 c. Applicability (by Zoning District). 8 9 10(1) Mixed Use-High Intensity (MU-H) District.Pursuant to 11Chapter 3, Article III, Section 5.C.1, usable open space shall be 12required for all developments two (2) acres in size or larger. A 13minimum of two percent (2%) of the site shall be devoted to 14usable open space, consisting of plazas or public open space, 15excluding private recreation areas. 16 17(2) Infill Planned Unit Development (IPUD). A minimum 18of 200 square feet of usable open space shall be required per 19dwelling unit pursuant to Chapter 3, Article III, Section 2.G.3. j. 20 Natural features. The physical attributes of the site shall be 21respected with particular concern for preservation of natural 22features, tree growth and open space. (Ord. No. 96-32, § 1, 8-8- 2396; Ord. No. 96-51, § 2, 1-21-97; Ord. No. 98-36, § 1, 9-15-98; 24Ord. No. 99-23, § 1, 9-7-99; Ord. No. 99-24, § 1, 9-7-99; Ord. 25No. 02-025, § 2, 6-18-02; Ord. No. 04-027, § 3, 4-20-04; Ord. 26No. 04-061, § 2, 8-17-04; Ord. No. 04-068, § 2, 8-17-04; Ord. 27No. 05-034, §4, 7-19-05; Ord. No. 05-041, §2, 8-2-05; Ord. No. 2806-011, § 2, 1-17-06) Interior and open spaces shall meet the 29following criteria: d. Usable open space. 30 31(a) Shall be required for residential development 32projects and mixed-use residential projects; 33 34(b) Shall be designed to be available and accessible 35to every dwelling unit proposed; 36 37(c) (2) Shall include consolidated areas 38principally set aside for active or passive recreational 39space; 40 41(3)Shall not be occupied by streets, drives, parking 42areas, or structures other than recreational structures; 43 44(4)Shall be designed to be available and accessible 45to every dwelling unit proposed; 46 47(d) (5) Shall, where feasible, be centrally located 48in the development; and November 9, 2010 12 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 2(e) (6) May be designed or sited in conjunction 3with but shall Shall not include private courtyards, 4landscape strips, perimeter landscape buffers, 5preservation / natural areas, and water bodies.; and 6 7(f) Shall not be occupied by streets, drives, parking 8areas, or structures other than recreational structures. 9 10(3) Suburban Mixed Use (SMU) District. Usable open 11space shall be required for each component of the mixed-use 12development pursuant to Chapter 3, Article III, Section 4.D.1. In 13addition, the following standards shall apply: 14 15(a) Usable open space shall provide active or passive 16recreational space and shall not be occupied by water 17bodies, streets, drives, parking areas, or structures other 18than recreational structures. 19 20(b) All least 50% of the required usable open space 21for single family residential uses shall be contained in 22one (1) or more common pooled areas and a rectangle 23inscribed within each common pooled area shall have no 24dimension less than 75 feet; and 25 26(c) Up to 50% of the usable open space required for 27all other uses may be hardscaped plazas and public 28gathering places. 29 2. General Design Standards. 30 Where required or recommended, 31plazas and usable open space shall be designed as follows: 32 a. Location. 33 34 35(1) Common open space areas shall be located so as to be 36readily accessible and useable by residents or visitors in various 37locations of the development, unless the lands are sensitive 38natural resources and access should be restricted; 39 40(2) The lands shall be compact and contiguous unless the 41land shall be used as a continuation of an existing trail, or 42specific topographic features require a different configuration. 43An example of such topographic features would be the provision 44of a trail or private open area along a riparian corridor; 45 46(3) Where private common open space areas, trails, parks, or 47other public spaces exist adjacent to the tract to be subdivided or 48developed, the private common open space or pedestrian November 9, 2010 13 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1amenity shall, to the maximum extent feasible, be located to 2adjoin, extend, and enlarge the presently existing trail, park, or 3other open area land; 4 5(4) At minimum, the area shall be lighted to meet the 6requirements of crime prevention through environmental design 7(CPTED) principles; and 8 9(5) To the maximum extent feasible, where significant 10natural and scenic resource assets exist on a property, priority 11shall be given to protect and preserve as common open space. 12The assets shall be prioritized as follows: 13 14(i) Wetlands; 15 16(ii) Flood hazard areas; and 17 18(iii) Tree preservation areas. 19 b. Materials. 20 Plazas shall be designed with pavers and 21landscaped areas in order to provide a place for the public to enjoy the 22outdoors. Boardwalks may be used if the property is located along the 23Intracoastal Waterway provided that the boardwalk area is sized 24comparably with the intent of this subsection. 25 c. Seating Areas. 26At least one (1) linear foot of seating for 27every 30 square feet of plaza space is required. Seating surfaces shall 28have a minimum depth of 20 inches; 29 d. Access. 30 31 32(1) Pedestrians shall have direct access to the plaza from at 33least one (1) major thoroughfare and at least 50% of the plaza 34frontage; 35 36(2) At least one (1) accessible route complying with the 37Florida Building Code shall connect accessible buildings, 38accessible facilities, accessible elements, and accessible spaces 39that are on the same site. 40 41(3) Curb cuts providing motor vehicle access onto a plaza are 42prohibited; however, plazas may be designed to provide access 43for emergency vehicles; 44 e. Landscaping. 45 46 November 9, 2010 14 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1(1) Landscape strips and perimeter landscape buffers, 2required under Chapter 4, Article II, Section 4.B, cannot count 3towards the minimum requirements of this subsection; and 4 5(2) Trees are required in accordance with Chapter 4, Article 6II, Section 6.B. 7 f. Maintenance. 8All common open space or pedestrian 9amenity areas shall be maintained by the owner(s) of the development. 10 C. Off-Street Parking Facilities (by Zoning District). 11 12 1. General. 13 14 a. Purpose and Intent. 15The location of off-street parking 16areas and the type of parking facilities proposed for a development can 17directly impact the aesthetic fabric and quality of life for surrounding 18properties and the community as a whole. It is the purpose of this 19section to provide design standards tailored to distinct geographic areas 20of the City to ensure that the location, type, and appearance of off-street 21parking areas is appropriate with the type, intensity, scale, and location 22of new development. The intent of this section is to promote standards 23that are functional, practical, equitable, and creative. 24 b. Types of Off-Street Parking Facilities. 25 The four (4) types 26of off-street parking facilities regulated herein are as follows: Surface 27parking, understory parking, freestanding parking garages, and 28integrated parking garages. They are generally described as follows: 29 30(1) Surface Parking. A parking area where there is no 31gross building area below or above the parking stalls, except for 32ancillary structures such as shade canopies or similar structures. 33 34(2) Understory Parking Garage. An off-street parking area 35located below gross building area. Parking stalls are typically 36located on or below ground level. 37 38(3) Freestanding Parking Garage. An off-street 39parking area located within a structure with two (2) or more 40levels, where the parking structure is the principal use of the 41building. Freestanding parking garages may include accessory 42habitable or non-habitable building areas located at ground level. 43 44(4) Integrated Parking Garage. An off-street parking area 45located within a structure with two (2) or more levels, where the 46parking structure is the accessory use of the premises. Integrated 47parking garages are located within mixed-use developments and November 9, 2010 15 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1habitable gross building area is wrapped around the facility on 2all levels. 3 c. General Rules 4 5 6(1) All parking facilities may contain small, permanent 7structures, such as shade structures and booths used by parking 8attendants. 9 10(2) For the purpose of this section, “Mixed-Use (Urban)” 11districts include the Mixed Use-Low Intensity 1 (MU-L1), 12Mixed Use-Low Intensity 2 (MU-L2), Mixed Use-Low Intensity 133 (MU-L3), and Mixed Use-High Intensity (MU-H) district. See 14Chapter 3, Article III, Section 5 for additional regulations 15pertaining to each zoning district. 16 17(3) “Overlay Zones” include the Urban Commercial District 18Overlay Zone (UCDOZ) and the Martin Luther King Jr. 19Boulevard Overlay Zone (MLKJBOZ). See Chapter 3, Article 20III, Section 8 for additional regulations pertaining to each 21overlay zone. 22 2. All Districts. 23 B. Vehicular and Pedestrian Circulation. 1 24 a. 25 Separate vehicular and pedestrian circulation systems on a site 26are encouraged and designed in accordance with Chapter 4, Article VI, 27Section 3.C. In addition, curbs and wheel stops shall be installed in 28conformance with Chapter 4, Article VI, Section 3.C. 29 b. 30 2. Vehicular and pedestrian circulation systems on adjacent 31properties shall be linked to encourage cross-access. 32 c. 33 3. Parking lots Off-street parking facilities and other 34vehicular use areas shall be integrated with surrounding structures and 35with the building, or group of buildings, that they serve. 36 d. 37 4. Design emphasis shall be given to the entrances and exits 38to parking areas, through use of landscaping, unless otherwise 39determined by staff to be contrary to the design objectives and principles 40of this article. 41 e. 42 See Section 3.I.10 below for additional regulations regarding 43pedestrian pathways within off-street parking areas of large non- 44residential (big box) developments. 45 f. 46 See Section 5.B.2 below for additional regulations regarding off- 47street parking areas and Crime Prevention Through Environmental 48Design (CPTED) guidelines. November 9, 2010 16 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 3. “Mixed Use (Urban)” Districts and Central Business District (CBD). 2 3 Within “Urban Mixed-Use” districts, off-street parking areas shall be 4located to the rear or side of the structure they are intended to serve and 5screened from view from public streets, notwithstanding other provisions of 6these regulations that require a specific setback for a garage for a residential 7dwelling unit. The intent of these regulations is to emphasize buildings and 8pedestrian features within the streetscape and minimize the visual impacts of 9parking facilities. Where possible, parking areas should be located to the rear of 10a project. Also where possible, access to parking areas shall be from side 11streets, in order to minimize driveways and vehicular / pedestrian conflicts. The 12following standards shall apply to all properties located within Urban Mixed- 13Use districts as described in Section 3.C.1.c(2) above: 14 a. Surface Parking. 15 Within the “Mixed-Use (Urban)” districts, 16surface parking should not be visible from an arterial or collector 17roadway. Structured parking is preferred for all mixed-use development. 18 b. Understory Parking Garage. 19 Understory parking (on the 20first floor of a structure) is allowed throughout all “Mixed-Use (Urban)” 21districts. 22 c. Freestanding Parking Garages. 23 Freestanding parking 24garages are allowed within the “Mixed-Use (Urban)” districts provided 25that they do not have frontage on any arterial or collector roadway. The 26height of the freestanding parking garage may not exceed 75 feet in the 27MU-H district. 28 29All parking garages that front on arterial or collector roadways must be 30integrated into the development and designed as provided for in 31subparagraph “d” below. 32 d. Integrated Garages. 33 Parking garages that are 34incorporated into the same structure as a principal building, including 35structures providing parking on lower floors and habitable space on 36upper floors are permitted within every “Mixed-Use (Urban)” district. 37Habitable floor area must wrap all upper-levels of the parking structure 38where the structure has frontage along a public right-of-way or is 39abutting a single-family residential zoning district. The intent of the 40integrated garage is to border or wrap the parking structure with 41permitted habitable floor area, such as storefronts, to a minimum depth 42of 20 feet, so as to disguise the garage and create continuity in street- 43level activity by maintaining interest for pedestrians and passing 44automobile traffic. 45 46The remaining façade(s) of the integrated garage shall be constructed to 47appear as habitable floor area and designed compatible with the 48architecture of the adjacent structures within the subject development November 9, 2010 17 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1and abutting properties. Design elements used to disguise the garage 2may include features such as a living trellis (utilizing climbing vines), 3planter boxes, tall landscaping, shutters, and / or other architecturally 4articulated façade features in order to soften its impact. 5 4. Suburban Mixed-Use (SMU) District. 6 7 a. Understory Garages. 8 Understory parking (on the first 9floor of a structure) is allowed throughout the SMU district. 10 b. Freestanding Garages. 11Freestanding parking garages are 12not allowed within the SMU district. All parking structures, excluding 13understory garages, shall be designed as an integrated garage as 14provided for in subparagraph “c” below. 15 c. Integrated Garages. 16 Parking garages that are 17incorporated into the same structure as a principal building, including 18structures providing parking on lower floors and habitable space on 19upper floors are permitted within the SMU district. Habitable floor area 20must wrap all upper-levels of the parking structure where the structure 21has frontage along an arterial roadway or is abutting a single-family 22residential zoning district. The intent of the integrated garage is to 23border or wrap the parking structure with permitted habitable floor area, 24such as storefronts, to a minimum depth of 20 feet, so as to disguise the 25garage and create continuity in street-level activity by maintaining 26interest for pedestrians and passing automobile traffic. 27 28The remaining façade(s) of the integrated garage shall be constructed to 29appear as habitable floor area and designed compatible with the 30architecture of the adjacent structures within the subject development 31and abutting properties. Design elements used to disguise the garage 32may include features such as a living trellis (utilizing climbing vines), 33planter boxes, tall landscaping, shutters, and / or other architecturally 34articulated façade features in order to soften its impact. 35 5. “Overlay Zones”. 36 One of the objectives of the Urban Commercial 37District Overlay Zone and the Martin Luther King Jr. Boulevard Overlay Zone 38overlay zone is to prevent the placement of off-street parking areas between the 39front of the building and the rights-of-way. 40 6. Miscellaneous. 41 42 a. Number of Required Parking Spaces. 43 Required parking 44for all uses shall be as set forth by Chapter 4, Article V, Section 2. 45 b. Off-Site Parking. 46 Off-street parking spaces may be allowed 47off-site but with a maximum distance in accordance with Chapter 4, 48Article VI, Section 4.D.2. November 9, 2010 18 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 c. Interconnectivity. 2 Interconnectivity between off-street 3parking areas, including drive aisles and pedestrian connections shall be 4planned for and designed in accordance with Chapter 4, Article VI, 5Section 4.D.3. 6 d. Off-Street Parking for Large Non-Residential Development 7 (Big Box). 8 See Section 3.I.10 below for additional regulations 9regarding off-street parking lot locations for large non-residential (big 10box) developments. 11 e. Trash Collection Points. 12 13 14(1).Screening. See Chapter 4, Article VI, Section 4.C for 15additional regulations regarding the appropriate location and 16screening of trash collection areas. 17 18(2).Landscaping. See Chapter 4, Article II, Section 196.G for additional regulations regarding the landscaping of trash 20collection areas. 21 22e. Trash collection.(1)Special emphasis shall be placed 23on trash collection points. 24 25(2)Trash containers or dumpsters must be screened and 26designed such that they are not visible from or disruptive to 27adjacent properties, streets, and rights-of-way while still being 28conveniently accessible to their users and collectors. 29 30(3) Dumpsters or trash containers shall not be located within 31setbacks abutting single-family residential developments. 32 D.Pedestrian Circulation and Amenities. 33 34 1. General. 35The purpose and intent of this section is to provide 36regulations that require developments to plan for pedestrian circulation and 37access; locate, install and maintain pedestrian amenities; and to provide for 38controls and regulations to protect the public health, safety, and general welfare 39of the residents and visitors. The requirements for pedestrian amenities will 40further the City's goals and objectives by providing for alternative means of 41transportation that improve air quality, reduce energy consumption, efficient use 42of vehicular parking facilities, proper disposal of waste, and provide for the 43enhanced physical appearance of the City. 44 45The Director of Planning and Zoning or designee may waive certain pedestrian 46amenity requirements of Table 4-9 based on consideration of the number of 47employees, forecasted anticipated number of customers and projected bicycle 48and pedestrian traffic. November 9, 2010 19 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 2. Standards. 2 3 a. Circulation. 4 5 6(1) Pedestrian circulation should be carefully planned in 7order to prevent conflict between pedestrian areas and vehicular 8use areas. 9 10(2) In all cases, pedestrian access shall be provided to public 11walkways. 12 13(3) Pedestrian circulation design shall promote 14interconnectivity with and between land uses to discourage 15unnecessary use of the automobile and reduce vehicle miles 16traveled (VMT). 17 b. Table 4-9. Pedestrian & Bicyclist Amenities. 18 The 19minimum number of pedestrian amenities shall be required as follows: 20 PEDESTRIAN & BICYCLIST AMENITIES Zoning District or Use Bicycle Racks Benches Trash Receptacles Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any “Commercial, Retail 1 per 12,500 1 per 12,500 1 per 12,500 Sales and Services” use; Greater than 1 per 12,500 up to 1 per 12,500 up to 1 per 12,500 up to 25,000 s.f. 25,000; then 1 per 25,000; then 1 per 25,000; then 1 per 30,00030,00030,000 1 per 12,500 up to 1 per 12,500 up to 1 per 12,500 up to Any “Office and Health 25,000 then 1 per 25,000 then 1 per 25,000 then 1 per Care” use 50,00025,00025,000 Any “Arts, Entertainment, 1 per 15,000 1 per 12,500 1 per 12,500 and Recreational” use Any “Educational” use 1 per 5 classrooms 1 per 5 classrooms 1 per 5 classrooms 21 22 PEDESTRIAN & BICYCLIST AMENITIES Zoning District or Use Bicycle Racks Benches Trash Receptacles Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any “Industrial” use1 per 30,000 1 per 30,000 1 per 30,000 November 9, 2010 20 EXTERIOR BUILDING AND SITE DESIGN STANDARDS Dwelling, Multi-family 1 per 25,000 of lot 1 per 25,000 of lot 1 per 75,000 of lot area (3+ units);areaarea Mobile / Manufactured 1 per recreation or 1 per recreation or 1 per recreation or Home Parkamenity areaamenity areaamenity area Bed & Breakfast1 per establishment 1 per establishment 1 per establishment Hotel & Motel1 per 100 units 1 per 25 units 1 per 25 units Group Home Type 2, 3, 1 per 7 residents but 1 per 7 residents but 1 per 7 residents and 4not less than 2not less than 2 Cemetery1 per cemetery 1 per cemetery 1 per cemetery Church1 per 30,000 1 per 30,000 1 per 30,000 Community Garden1 per lot1 per lot1 per lot Community Facilities; 1 per 12,500 1 per 12,500 1 per 12,500 Post Office 1 per 12,500 up to 1 per 12,500 up to 1 per 12,500 up to Greater than 25,000 s.f.25,000; then 1 per 25,000; then 1 per 25,000; then 1 per 30,00030,00030,000 1 c. 2 Where the number of required pedestrian amenities as computed 3includes a fraction, the number of amenities shall be the computed 4number rounded to the next highest whole number; 5 d. 6 All pedestrian amenities shall be located on the same building 7site which they serve and situated on a site so that they do not obstruct 8the flow of pedestrians using the building entrances or sidewalks and 9shall adhere to Florida Accessibility Code for Building Construction; 10 e. 11 The owner, tenant and their agent, if any, shall be jointly and 12severally responsible for the continued proper maintenance of all 13pedestrian amenities and shall keep them in proper, neat, and orderly 14appearance; 15 f. 16 When bicycle racks are required or recommended, they shall be 17located in areas that are enclosed or roofed, or otherwise designed with 18solid covering, either inside the building (e.g., foyer) or outside and 19placed in close proximity to the project entrance while still maintaining November 9, 2010 21 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1safe and accessible building ingress and egress. See Section 5.B.2 2below for additional regulations regarding bicycle racks and Crime 3Prevention Through Environmental Design (CPTED) guidelines; 4 g. 5 To the maximum extent feasible, trash receptacles should include 6ashtrays and be located near other pedestrian amenities. The number of 7receptacles provided may be reduced if located within close proximity of 8benches; 9 h 10. On a case by case basis, additional pedestrian amenities may be 11required for other land uses not listed in Table 4-9; 12 i. 13 Additional pedestrian amenities may be recommended, 14depending on projected need; and 15 j. 16 A certificate of occupancy or certificate of completion shall not 17be issued until pedestrian amenities are provided in accordance with this 18subparagraph; and 19 k. 20 All pedestrian amenities provided by the property owner shall be 21decorative in nature and substantial in construction. Their design and 22appearance must be aesthetically pleasing and compatible with the 23subject site, adjacent properties, and streetscape furniture, including 24public improvements and furniture located within the public right-of- 25way. No signage or advertising shall be permitted on pedestrian 26amenities. 27 E. Walls and Fences, and Enclosures. 28E.Walls, fences, enclosures, and similar 29incidental site structures shall resemble, with respect to color and materials, the design 30of the principal buildings and shall be integrated with other site elements. Design, 31construction, and appearance of walls and fences are important components of site 32development. Their appearance and upkeep are visual reflections of community 33character and quality. This subsection shall apply to all new walls and fences. 34 1.Design. 35 Wall and fence design shall be enhanced and decorative 36in appearance where visible by the public under the following circumstances: 37 a. 38 From the interior of a property; 39 b. 40 From public or private rights-of-way; or 41 c. 42 From abutting or adjacent properties. 43 2. Consistency. 44 Enhanced walls and fences shall be designed in an 45architectural style consistent with the principal structure(s), incorporating the 46dominant exterior material(s), colors, and finishes of that structure. 47 November 9, 2010 22 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 3.Monotony Restrictions. 1 Enhanced walls and fences shall be 2designed with offsets, banding, columns, posts with lintels, finials, or caps, 3landscape pockets, and other elements to avoid an expansive monolithic or 4monotonous appearance. Such elements shall be included every 16 feet or less. 5 6Decorative wood or PVC / vinyl fences shall either be picket, rail basket weave, 7or shadow-box style. As noted above, decorative fences shall not be installed in 8such a manner so as to create a monolithic or monotonous appearance. Every 9two (2) fence panels or 16 feet of fence must be interrupted by decorative 10columns or posts, visible from the exterior of the property and topped with 11decorative capitals. This requirement will not be satisfied by the reversing of 12the fence material to place the unfinished side out, exposing the four (4) inch by 13four (4) inch posts and crossmembers to the exterior. 14 4.Chain-Link Fences. 15 Except for within industrial districts, chain-link 16fences shall not be allowed within the front or side corner yard where they are 17visible from public or private rights-of-way. See Chapter 3, Article V, Section 8 18for additional regulations regarding the screening of outdoor storage of 19merchandise. 20 5. Construction Sites. 21 Temporary fencing (and other types of barriers 22deemed acceptable to the Building Official) may be erected around construction 23sites for visual buffering and safety.Temporary fencing shall be approved in 24conjunction with a building permit and must be removed prior to the issuance of 25a certificate of occupancy or completion. The temporary fencing may contain 26screening material enhanced with lifestyle graphics, images, pictorals, wraps, 27photographs, or a combination thereof, as regulated in the Sign Code (Chapter 4, 28Article IV, Section 4.B.3.d). However, the screening material allowed in the 29Sign Code shall not conflict with the original intent for said fencing, mesh, and 30related materials, which is to offer protection from dust, debris, and other 31airborne particulate matter (pursuant to Chapter 3, Article V, Section 2.F). 32 F. Miscellaneous Outdoor Structures (Excluding Walls and Fences) 33 34 1. Transit Shelters 35 36 a. Purpose and Intent. 37The purpose and intent of this 38subparagraph is to maximize availability and accessibility of mass- 39transit by providing an amenity for patrons, help beautify corridors by 40creating positive gateways into and out of the City, and to provide safer 41environs for mass-transit users and motorists. 42 b. Standards. 43 A transit shelter is a roofed structure that may 44provide seating areas and is typically located within the right-of-way. A 45transit shelter shall be designed to comply with the Florida Building 46Code. In addition, the following standards shall apply: 47 November 9, 2010 23 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1(1) The location of a transit shelter, including its associated 2structure and / or equipment, shall comply with all cross 3visibility and safe-sight requirements. 4 5(2) If placed on a public sidewalk, the transit shelter location 6shall provide adequate clearance for pedestrian traffic in order to 7comply with accessibility requirements of the Florida Building 8Code. 9 10(3) All signage placed on transit shelters shall be regulated in 11accordance with Chapter 4, Article IV, Section 4.D.2. 12 13(4) The need for, and addition of transit stops shall be 14considered in conjunction with all new development to 15accommodate transit stops for the county bus service and other 16types of transit systems, including a future water taxi service. 17Fire lanes and other emergency vehicular accessways may be 18designated by the appropriate public agency. Uses that require 19service by large vehicles should be designed to allow large 20vehicle access without blockage of adjoining vehicular or 21pedestrian circulation. 22 23(5) The design and architecture of the transit shelter should 24be compatible with the principal building(s) of large non- 25residential (big box) developments (see Section 3.I) or consistent 26with an overall redevelopment plan that provides aesthetic and 27uniform design guidelines for shelter design. 28 29(6) Where located within the public right-of-way, the 30following shall also apply to transit shelters: 31 32(a) The transit shelter requires a right-of-way permit, 33which is subject to review and approval by the City 34Engineer or designee. See Chapter 2, Article III, Section 354 for additional regulations regarding the right-of-way 36permit. 37 38(b) All necessary permits are required to install 39transit shelters within rights-of-way owned by the State 40of Florida and / or Palm Beach County. 41 42(7) Where located on private property, the following shall 43also apply to transit shelters: 44 45(a) When an outside governmental agency acquires 46an easement on private property for the purpose of 47constructing a transit stop shelter, these improvements November 9, 2010 24 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1shall not be subject to minimum setback requirements of 2the zoning district; and 3 4(b) Waste receptacles and bicycle racks shall be 5required and accommodated at transit shelters. 6 c. Removal. 7 Should any bus shelter, associated structure or 8equipment or sign on an associated structure or equipment, or bus shelter 9sign fail to conform to the above standards; or should a residential 10property owner object to the presence of a bus shelter abutting his 11property, then the city may order the sponsoring organization to remove 12such bus shelter and, that failing, may remove same at the expense of the 13sponsoring organization. 14 2. Shopping Cart Corrals. 15 Shopping cart corrals shall be compatible 16with the architectural design, colors, materials, and finishes of the principal 17structure. 18 3. Donation Bins. 19 Unmanned donation bins are allowed within 20commercial and industrial zoning districts but subject to the following 21regulations: 22 a.Number of Bins. 23One (1) donation bin may be allowed per 24lot for commercial or industrial developments consisting of at least 25100,000 square feet of gross building area. An additional bin may be 26allowed for each 100,000 square feet of gross building area. 27 b. Location. 28 Donation bins shall not be located in within 29rights-of-way, required parking spaces, access aisles, walkways, 30landscape strips, or perimeter landscape buffers. They shall comply with 31all visibility and safe-sight standards and not post a safety threat to 32pedestrian or vehicular traffic. In addition, they shall be located behind 33the front and side corner building lines. 34 c.Maintenance. 35 The owner of the property shall be 36responsible for the maintenance of the bins, such that the area is kept 37neat and orderly and in compliance with the approved site plan for the 38subject property. This means that all items are located within the bins; 39no trash is left on the site and there is no graffiti or other visible damage 40to the bins. 41 d.Appearance. 42 Donation bins shall be painted with natural, earth- 43tone colors or with those that are intended to match the principal 44building(s). 45 e.Advertising. 46 Donation bins shall not be used for off-site 47advertising of commercial activities and be limited to a maximum of November 9, 2010 25 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1four (4) square feet of sign area advertising the sponsoring charitable 2tax-exempt organization. 3 f. Sponsoring Agencies. 4 Sponsoring agencies shall register 5with and be evaluated annually by the Department of Development for 6compliance with the regulations contained in this section. Sponsoring 7agencies shall provide proof of authorization by the property owner(s), 8the size, and overall dimensions of each bin, and a site plan detailing the 9proposed location(s). Sponsoring agencies must provide proof of being 10a tax-exempt, charitable organization registered as a 501(c)3 of the 11Internal Revenue Code, in order to place donation bins in the City. 12Donation bins to an existing site shall require a modification to the 13approved site plan in accordance with Chapter 2, Article II, Section 2.F. 14 g. Miscellaneous. 15 The foregoing restrictions shall not apply 16to recycling bins or other similar public collection bins located on City 17property or otherwise sponsored by the City. 18 G. Use Matrix Notes and Restrictions. 19 The following uses, which 20correspond with the Notes and Restrictions of Chapter 3, Article IV, Section 3.E., 21contain special standards related to exterior building and site design: 22 1. Group Home Type 1 (Note #21). 23 For new construction, the facility 24shall have building elevations that are residential in character and similar in 25appearance to the surrounding neighborhood.They shall not be institutional in 26appearance. 27 2. Auto Dealer, New (Note #25). 28 Within the MU-L3 and MU-H 29districts, the following shall apply: Overhead doors shall not be visible from 30any major roadway frontage. 31 3. Auto Dealer, Used (Note #26). 32Within the MU-L3 and MU-H 33districts, the following shall apply: Overhead doors shall not be visible from 34any major roadway frontage. 35 4. Gasoline Stations (Note #30). 36 All Gasoline Stations located on 37 designated out-parcels to shopping centers, business centers, or other planned 38 commercial developments shall conform in design to the approved design plan of the 39 principal center. 40 5. Automobile Rental (Note #43). 41 Within the MU-L3 and 42MU-H districts, the following shall apply: Overhead doors shall not be visible 43from any major roadway frontage. See Section 3.A.7 above for additional 44regulations regarding overhead doors. 45 6. Marina, Including Yacht Club (Note #69). 46 47 November 9, 2010 26 EXTERIOR BUILDING AND SITE DESIGN STANDARDS a. 1 Architectural integration shall be encouraged through the choice 2of building materials, architectural style, extensive use of windows, and 3choice of soft, muted colors. 4 b. 5 All buildings shall incorporate 360° architecture, a variety of 6massing and building heights, and stepping roof lines. 7 c. 8 The use of standardized "corporate" architectural styles 9associated with chain-type businesses is prohibited. 10 d. 11 To contribute to physical compatibility and minimize impacts on 12the residential fabric of adjacent neighborhoods, projects adjacent to 13residential zoning districts shall be designed with residential character, 14unless a superior, non-residential design can be demonstrated. 15Residential designs shall include, but not be limited to, a combination of 16actual and faux windows, balconies, porches, awnings and related 17architectural details. The character shall either match or compliment 18established architectural themes in the vicinity. 19 e. 20 All building facades shall include a repeating pattern that shall 21include no less than three (3) of the following elements: color change, 22texture change, material module change, or a change in plane of at least 23two (2) feet in depth. At least one of these elements shall repeat 24horizontally. All elements shall repeat at intervals of no more than 30 25feet, either horizontally or vertically, unless a superior design can be 26demonstrated at greater intervals. Recesses and projections shall be 27from finished grade to roofline, and be a minimum of 10 feet in width. 28 f. 29As an alternative to the required façade offsets noted above, 30decorative and substantive roofline changes, when coupled with 31correspondingly aligned façade material changes, may substitute. 32 g. 33 A minimum of two different types of building materials shall be 34used, with a 70 percent-30 percent ratio. A change in stucco or use of 35windows will not count toward meeting this requirement. 36 h. 37 Articulation in parapet wall shall be required with a minimum of 38five (5) feet for front and side facades, and any façade oriented towards a 39street; and, two and one half (2½) feet for rear facades. 40 i. 41 Parapet walls shall feature three dimensional cornice treatment, 42to provide a finished look from any angle. Additionally, a parapet return 43is required with a length equal to or exceeding the required parapet 44articulation. 45 j. 46 All customer entrances to the building shall be the focal point of 47design. Architectural elements shall include some combination of the November 9, 2010 27 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1following improvements: pediments, lintels, columns, pilasters, porches, 2balconies, railings, balustrades, and ornate moldings. 3 k. 4 On any retail or office building within a marine-oriented or water 5dependent project, or any portion of a building devoted to such use, 6windows shall be of pedestrian scale, recessed and vision glass without 7obstruction. 8 l. 9 On any retail or office building within a marine-oriented or water 10dependent project, on any facade on which a customer entrance to the 11building is located, a minimum of 1.6 square foot of vision glass is 12required for each one (1) lineal foot of facade. 13 m. 14 On any retail or office building within a marine-oriented or water 15dependent project, on any other facade facing a public street, a minimum 16of 0.8 square foot of vision glass is required for each one (1) foot. 17 7. Day Care (Note #73). 18 Within all residential districts, the 19following shall apply: Building design shall be consistent with surrounding 20residential styles. 21 8. Storage, Self-Service (Note #76). 22For all Self-Service Storage 23facilities adjacent to or visible from any arterial right-of-way roadway, the 24following shall apply: 25 a. 26 The exterior colors, facades, windows, roof, and building 27materials shall be compatible with the character of, or vision for the 28surrounding. Self-service Storage facilities shall incorporate design 29elements to achieve the effect of office structures. 30 b. 31 All facades visible from arterial roadways shall provide variety 32and interest in the façade(s). These facades shall not exceed 50 feet in 33length without visual relief by means of a vertical reveal at least one (1) 34foot in depth and 10 feet in width, a perceptible change in wall angle, or 35a corner. Other design attributes shall include, roof slope and materials, 36windows, awnings, fencing and other aesthetic elements. 37 c. 38Within the SMU, MU-L1, MU-L2, and MU-L3 districts, the 39following shall apply: Buildings shall be designed to have the 40appearance of a multi-story retail, office, and / or residential structure 41through the use of similar windows, shutters, and appropriate building 42elements on the upper floors. 43 H.Mixed-Use Developments. 44 45 1. Applicability. 46 These standards shall apply to all properties 47currently zoned Central Business District (CBD), any property located within 48the “Mixed Use (Urban)” districts, (see Chapter 3, Article III, Section 5), or any November 9, 2010 28 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1commercially zoned properties located within the Urban Commercial District 2Overlay Zone (see Chapter 3, Article III, Section 8.). 3 2. Building Location. 4Within mixed-use and non-residential 5developments, structures proposed along arterial roadways shall be required to 6occupy the entire length of the street frontage, notwithstanding areas set aside 7for side corner yard setbacks and driveways needed to access the rear of the 8property. This building location requirement along the arterial roadway only 9applies to new construction or major site plan modifications to existing 10developments. Also see Chapter 4, Article II, Section 4.B.5 for additional 11streetscape design requirements. 8. Building placement, massing and 12orientation. Structures fronting on arterial roadways within the MU-H and MU- 13L Zones andshall occupy the entire width of the parcel they are located upon, 14notwithstanding corner side setbacks and clearance needed for a drive that may 15be required to access the rear of the property. 16 3. Shade and Shelter. 17 This region’s climate requires shade and shelter 18amenities in order to accommodate and promote pedestrian activity. These 19amenities will provide greater connectivity between sites and allow for a more 20continuous and walkable network of buildings. Developments subject to this 21section shall meet the following shade and shelter requirements: 22 a. Shaded Sidewalk. 23 A shaded sidewalk shall be provided 24alongside at least 50% of all building frontages adjacent to or facing an 25arterial or collector roadway or adjacent off-street parking area. When 26abutting off-street parking areas, the shaded sidewalk shall be raised 27above the level of the parking by way of a defined edge. Ramps for 28wheelchairs alongside the building must also be shaded. 29 b. Building Entrances. 30 Building entrances shall be located under a 31shade device such as an awning or portico. 32 4. Windows. 33 Windows shall be located at pedestrian scale. 34 5. Compatibility. 35b. Proposed projects should compliment 36existing or approved adjacent mixed use projects in terms of height, color, style 37massing, and materials. Projects proposed that would abut a single-family 38zoning district should be designed to avoid a reduction in privacy of the adjacent 39neighborhood through measures such as, but not limited to, additional 40landscaping, orientation of windows and balconies, and layout of upper units. 41 I. Large Non-Residential Development (Big Box) Regulations. 42 43 1. Purpose and Intent. 44Large commercial buildings have a major 45impact on the aesthetic fabric of a community. The purpose of the following 46regulations is to achieve an optimal appearance of those structures typically 47called "Big Boxes", which are often large square or rectangular-shaped 48buildings with limited architectural enhancements. These regulations are November 9, 2010 29 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1intended to set minimum design standards for large buildings to ensure their 2positive contribution to the City’s character and fabric. 3 2. Applicability. 4 The following standards are applicable to any 5commercial structure in excess of 15,000 square feet, unless stated otherwise 6herein. The term “commercial,” as used in these regulations, shall also include 7structures utilized for office uses and those industrial uses that front on arterial 8or collector roadways. 9 3. Façades. 10 All facades visible from abutting properties or public 11streets shall be designed and enhanced with architectural features that provide 12visual interest at pedestrian levels, reduce the massive appearance of the 13building, and reflect the local character of the community. These facades shall 14meet the following objectives: 15 a. 16 Community integration shall be achieved through the choice of 17building materials, architectural style, extensive use of windows, and 18multiple complimentary paint colors. 19 b. 20 Building design shall include a mix of massing and building 21heights, and varying roof lines on all facades. 22 c. 23 Architectural styles shall not be used that are tailored to further 24"corporate" identity objectives rather than the existing or planned 25identity and character of the surrounding community, and which are 26inconsistent with these regulations. 27 d. 28 Architectural elements, excluding complimentary accent 29features, shall be integral components of the building fabric and 30constructed of durable and substantial quality and not superficially 31applied trim. 32 e. 33 All building facades shall be designed with “repeating patterns” 34that include no less than three (3) of the following elements: color 35change, texture change, material module change, or a change in plane 36(recess or projection), at maximum intervals of 50 feet. The recess or 37projection of a change in plane shall be at least 10 feet in width, two (2) 38feet in depth, and finished from grade to the roofline. At least one (1) of 39the design elements listed above shall repeat horizontally. 40 f. 41 Material changes may substitute as an alternative to the required 42offsets as noted above where decorative and substantive roofline 43changes are coupled with a correspondingly aligned façade. 44 g. 45 A minimum of two (2) different types of building materials, 46allowed under Section 3.A.2 shall be proportionally used on required 47facades. A change in stucco texture or use of windows and / or awnings 48will not count toward meeting this requirement. November 9, 2010 30 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 2 3 4 5 4. Roofline. 6 7 a. 8 For flat rooflines, vertical articulation in parapet walls shall be 9required with a minimum of five (5) feet for front and side facades, and 10any façade oriented toward a street; and, two and one half (2½) feet for 11rear facades. 12 b. 13 A Parapet return is required with a length equal to or exceeding 14the required parapet articulation. 15 November 9, 2010 31 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 2 c. 3 Parapet walls shall feature three dimensional cornice treatment, 4to provide a finished look from any angle. 5 d. 6 Articulation in the parapet wall shall coincide with the horizontal 7changes within the building, which are required under subparagraph 3.e. 8 5. Windows. 9 10 a. 11 On any facade on which a customer entrance to the building is 12located, a minimum of 1.6 square foot of window is required for each 13one (1) lineal foot of facade. 14 b. 15 On any other facade facing a public street, a minimum of 0.8 16square foot of window is required for each one (1) foot of facade. 17 c. 18 A minimum of 70% of windows on the front or side facades shall 19be transparent. The remaining 30% may be opaque, provided that the 20following conditions are met: 21 22(1) Window construction using opaque glass shall appear 23identical to the transparent windows; 24 25(2) Opaque windows shall not be superficially attached to 26the wall; 27 28(3) Opaque windows shall not be perceptibly different in 29texture, color, or reflectivity than the glass of the transparent 30windows. 31 d. 32 Architecturally ornate window boxes displaying merchandise 33only, may be substituted for 25% of the required transparent windows 34and 100% of the opaque windows. This design element may also be 35applied to smaller-sized buildings with shorter facades and those 36buildings without traditional front entrances. 37 6. Public Entrances. 38 November 9, 2010 32 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 a. 2 A minimum of one (1) customer entrance should be provided on 3the front facade. 4 b. 5 All sides of a building that directly face an abutting street, with 6no intervening building, should provide a customer entrance. 7 c. 8 All public entrances to the building shall be the focal point of the 9façade through the use of a combination of the following architectural 10elements: pediments, lintels, columns, pilasters, porches, balconies, 11railings, balustrades, and ornate moldings. Design features may also 12include entry recesses / projections or locating display windows so that 13they are directly adjacent to the entrance. 14 d. 15 Any side of a building with a parking field in excess of 20% of 16the required parking, and where 50% of that parking is located farther 17than 300 feet from a customer entrance, shall be required to have a 18customer entrance on that facade. See Section 3.I.10 below for 19additional parking regulations. 20 21 22 e. 23 A customer entrance proposed for a side facade shall be located a 24minimum distance from the corner of the front facade equal to 25% of 25the lineal length of the side facade on which it is to be located. A 26customer entrance located at the corner of the building cannot substitute 27or fulfill the requirement to provide entrances on both front and side 28façades. 29 7. Covered Walkways. 30 31 a. Rules. 32 33 November 9, 2010 33 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1(1) For the purposes of this subsection only, the “front” of a 2building is considered to be the building façade where a public 3entrance is proposed. A building that contains public entrances 4on two (2) or more facades is said to have multiple “fronts.” 5 6(2) A building façade that is oriented toward a public street 7but does not contain a public entrance is considered to be a “side 8corner” façade. 9 10(3) A building façade that is neither oriented toward a public 11street nor contains a public entrance is considered to be either 12the “side” or “rear” façade. 13 14(4) A covered walkway is considered to be an “ARCADE, 15PEDESTRIAN” as defined in Chapter 1, Article II. 16 17(5) The horizontal extent of a covered walkway shall be 18measured upon the entire length of a façade where required. 19 20(6) Greater preference is placed on the proximity of a 21covered walkway to the location of the public entrance. 22 b. 23 Covered walkways are required along building façades that 24contain public entrances or along facades that are oriented towards 25public or private streets. The location and horizontal extent of covered 26walkways shall be based upon the following types of building designs: 27 28(1) Public entrance(s) on one (1) façade: Covered walkways 29are required along at least 70% of the front façade and at least 3030% of the side corner façade. No covered walkways are 31required along the side or rear of the building. 32 33(2) Public entrance(s) on two (2) or more facades: Covered 34walkways are required along at least 50% of each façade where a 35public entrance is proposed. No covered walkways are required 36along the side or rear of the building. 37 38(3) Public entrance on corner of building: Covered 39walkways are required along a minimum of 50% of each façade 40where a corner entrance is proposed. The intent is to wrap each 41façade with a covered walkway, commencing at the corner 42where the public entrance is proposed. 43 44(4) Covered walkways shall have a minimum external 45dimension of 10 feet in width. The minimum internal dimension 46shall be seven (7) feet in width, absent of any obstruction by 47columns, furniture, and / or other appurtenances. 48 November 9, 2010 34 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 8. Landscaping. 1 2 a. 3Foundation landscaping areas for large non-residential (big box) 4developments shall be required in accordance with Chapter 4, Article II, 5Section 5.B. 6 b. 7 See Chapter 4, Article II, Section 6.J.4 for additional regulations 8regarding the required width of the landscape strip abutting the right-of- 9way for large non-residential (big box) developments. 10 9. Site Amenities. 11 H. Sculptures, fountains, gardens, pools, 12trellises, and benches shall be encouraged within the site design. In addition, the 13following standards shall be required for every 50,000 square feet or fraction 14thereof of every non-residential (big box) development: 15 a. 16 Two (2) site amenities shall be required. Site amenities include 17but are not limited to bell or clock towers, pergolas, public seating areas 18(separate and apart from any outdoor seating provided for an associated 19restaurant use), fountains (of at least eight (8) feet in height and 16 feet 20diameter), and public art but only when combined with another amenity. 21 Public art, which is in fulfillment of the Art in Public Places program, 22may be utilized to comply with the pedestrian amenity requirement of 23this subparagraph, provided that the public art is located in conjunction 24with another qualifying pedestrian amenity. 25 26 27 28 29 b. 30 Pedestrian pathways through off-street parking areas shall be 31required in accordance with subparagraph “10(b)” below. November 9, 2010 35 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 10. Off-Street Parking Lot Orientation. 2 3 a. 4 Parking areas shall provide safe, convenient, and efficient access. 5 Off-street parking areas shall be distributed around large buildings in 6order to shorten the distance to customer entrances, other buildings, and 7public sidewalks, as well as to reduce the overall area and visual blight 8of the paved surface. No more than 60% of the off-street surface 9parking area shall be located between any facade and a public street. 10 b. 11 Pedestrian pathways shall be required where parking spaces are 12located in excess of 400 feet from any customer entrance. These 13pedestrian pathways shall be a minimum of ten (10) feet in width, 14leading from the farthest parking space to the customer entrance. These 15pathways shall incorporate the use of a combination of decorative 16pavement, trellises, seating, pergolas, arbors, gazebos, decorative light 17fixtures and landscaping. 18 19 20 21 November 9, 2010 36 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 c. 2 Where off-street parking areas are screened by outparcel 3buildings or is not visible from a public street, a maximum of 75% of the 4required parking may be adjacent to a front or side facade containing a 5customer entrance. 6 d. 7 Unique conditions associated with individual sites may justify 8the review and approval of alternative site designs that do not 9specifically comply with the parking lot orientation standards of this 10subsection. A different design proposal may offer superior results or 11maximum achievement of the City’s objectives. The above standards 12may be varied by the City Commission, provided that the applicant can 13demonstrate there is an unusual site configuration and / or unique 14circumstances, and the alternative site design clearly meets the intent of 15these provisions. Alternative design must consider and address the 16following objectives: 17 18(1) Maximize the proximity of parking spaces to customer 19entrances; 20 21(2) Reduce visual blight of large expanses of surface off- 22street parking areas; and 23 24(4) Improve pedestrian connectivity in excess of the 25minimum standards. 26 e. 27Regulations shall be enforced in zoning districts and overlay 28zones where the objective is to discourage or prohibit off-street parking 29areas between the building and the rights-of-way. 30 11. Miscellaneous. 31 32 a. 33 Buildings should be configured so they complement outdoor 34spaces. Walkways, entrances and gathering areas should have shading 35features, such as trees, landscaping, trellis structures, projecting 36canopies, covered walkways, arcades, and/or porticos. Seating areas and 37benches should be located in shaded areas that are close to activity, but 38that will not block or cause congestion in circulation or at entrances. 39Outdoor employee areas should be integrated into the site design, but 40should be separated from general public circulation with screening. 41 b. 42Accessory uses, including a Gasoline Station or Automotive, 43Minor Repair within large commercial developments should incorporate 44the design characteristics and architectural treatments applied to the 45larger building. As discussed in subparagraph c.(3) above, the use of 46standardized "corporate" architectural styles associated with chain type 47businesses is prohibited. The accessory use should not be the focal point 48in the front setback. If the accessory use is located forward of the larger November 9, 2010 37 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1building, a 25-foot wide landscape strip shall be utilized along all 2property lines abutting the operation, including a minimum three (3) foot 3high berm. Additionally, the accessory use shall be landscaped 4separately from the remainder of the parking area by a 10-foot wide 5planting strip. 6 c. 7 See Section 3.F.1 above for additional regulations regarding the 8design of transit shelters where abutting or located within large non- 9residential (big box) developments. 10 d. 11 Large commercial buildings in excess of 75,000 square feet 12should be structurally designed to be easily divided into smaller tenant 13spaces in planning for future adaptive re-use purposes. 14 J. Uses Adjacent to Single-Family Residential Zoning Districts. 15 16 1. General. 17 18 a. Purpose and Intent. 19 These standards are intended to 20protect lower intensity land uses from higher intensity land uses by 21requiring the higher intensity land uses to be designed and maintained to 22reduce impacts upon the lower intensity land uses through appropriate 23project orientation, additional setbacks for taller structures and 24recreational facilities, compatible architectural treatments, and proper 25location and orientation of signs and lights. 26 b. Applicability. 27 When a new development, other than a 28single-family or two-family dwelling unit abuts or is adjacent to a 29single-family residential zoning district due to an intervening local 30roadway, the following design standards shall apply: g. 31Compatibility with surrounding development. (1) 32 2. Standards for All Districts. 33 2. All buildings and structures shall 34be designed and oriented in a manner ensuring maximum privacy of adjacent 35residential uses and related activities both on the site being developed and 36adjacent property. 37 38Compatibility shall be evaluated based upon will be judged on how well the 39proposed development fits within the context of the neighborhood and abutting 40properties. For this purpose, elevations and cross-sections showing adjacent 41structures shall be included with the site plan application. 42 43Single-family homes located within planned districts, multi-family homes, 44mixed-use projects, and all non-residential uses, where abutting or adjacent to 45single-family residential zoning, shall be designed to avoid a reduction in 46privacy of the abutting or adjacent properties. This requirement may be 47achieved through measures, such as but not limited to, additional landscaping, 48orientation of windows and balconies, and layout of units of upper floors. November 9, 2010 38 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 3. Standards for Planned Residential Districts (IPUD and PUD). 2 (2) 3 Any IPUD or PUD located adjacent to single-family residential zoning 4must locate structures of the same unit type or height. However, if If vegetation, 5screening or other barriers and / or creative design on the perimeter of an Infill 6Planned Unit Development (IPUD) or Planned Unit Development (PUD) district 7achieve compatibility with adjacent uses, the city may grant some relief from the 8following two requirements: 9 a. 10 (1) Any IPUD or PUD located adjacent to an existing single- 11family residential development(s) must locate structures of the same unit 12type or height allowed by the adjacent zoning district(s).; and 13 b. 14 Additional setbacks are required for structures in excess of 30 15feet in height pursuant to Chapter 3, Article III, Section 1.B. 16 17(2)Structures on the perimeter of an IPUD or PUD project, in 18addition to the basic setback requirements, must be setback one (1) 19additional foot for each one (1) footin height for the perimeter structures 20that exceed thirty (30) feet. 21 22(3)If an IPUD is located with frontage on the Intracoastal 23Waterway, conditions of approval shall include a deed restriction 24requiring that any marina or dockage build will not exceed in width the 25boundaries of the project's actual frontage on the water, regardless of 26what any other governing or permitting entity may allow or permit. 27 Section 4. Maintenance of Buildings, Structures, and Site. 28 29 30It shall be unlawful for owner(s) of real property within the City to permit the deterioration of 31the exterior of a building or off-street parking areas such that it becomes non-compliant with 32these standards or the minimum standards for appearance and maintenance of public and private 33property (see Part II, Chapter 15, Article IX and Part II, Chapter 10, Article IV). 34 35The awning/canopy and support system should be maintained at the same level as other 36components of the building. Rusting/peeling support structures shall be cleaned and repainted. 37Rotted or broken supports should be replaced. Faded and dirty awnings shall be cleaned or 38replaced. 39 40 Section 5.Exterior Building and Site Design Guidelines. 41 42 A. Urban Design Guidelines of the Community Redevelopment Agency (CRA). 43 44 1. Purpose and Intent. 45 The purpose of Boynton Beach Urban Design 46Guidelines are to provide a basis for evaluating redevelopment proposals and act 47as a guide for making decisions about public and private improvements within 48the boundaries of the Community Redevelopment Agency. It is anticipated that November 9, 2010 39 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1through the use of the guidelines, both private and public projects will endeavor 2to preserve and enhance the form, scale, and visual character that make 3downtown unique within the city and the region. The guidelines will assist to 4ensure that each incremental site design, architectural, and streetscape project 5contributes to a positive image for the city. 6 2. Relationship to Comprehensive Plan 7. In particular, the guidelines 8are designed to support the following objectives in accordance with the City of 9Boynton Beach Comprehensive Plan: 10 a. 11 Assure long-term economic vitality of the downtown; 12 b 13. Create a vibrant mixed-use development downtown urban 14environment; 15 c. 16 Create an aesthetically pleasing and vibrant pedestrian oriented 17downtown; 18 d 19. Provide improved visual and physical connectivity between 20downtown districts; 21 e. 22 Encourage the creation of exciting and inviting public urban 23spaces; 24 f. 25 Develop a downtown urban character that is unique to Boynton 26Beach; 27 g. 28 Provide interesting architectural design diversity within a 29continuity of urban design principles; and 30 h. 31 Provide safe, efficient, and aesthetically pleasing 32accommodations for vehicular access and parking. 33 3. Relationship to Redevelopment Plan 34. The Urban Design 35Guidelines are applicable to all properties that are located within the CRA, 36particularly within the Federal Highway Corridor Community Redevelopment 37Plan, Heart of Boynton Master Plans & Schematic Designs, Ocean District 38Community Redevelopment Plan, and Boynton Beach Boulevard Corridor Plan. 39 4.Relationship to Land Development Regulations 40. The Urban 41Design Guidelines are applicable to all properties that are located within the 42CRA, particularly within the Mixed-Use Low Intensity 1 (MU-L1), Mixed-Use 43Low Intensity 2 (MU-L2), Mixed-Use Low Intensity 3 (MU-L3), and Mixed- 44Use High Intensity (MU-H) zoning districts. 45 B.Crime Prevention Through Environmental Design (CPTED). 46 47 1. General. 48 November 9, 2010 40 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 a. Purpose & Intent. 2 The proper design and effective use of the 3built environment can lead to a reduction in the incidence and fear of 4crime and improvement in the quality of life by incorporating access 5control, natural surveillance, and territorial defensive tactics into 6building and site design components. 7 bApplicability. 8. The following guidelines have been developed 9for incorporation into the design of all new residential and non- 10residential developments and major modifications to approved 11developments. 12 2. Guidelines. 13 The following guidelines have been developed to further 14the purpose and intent of this subsection through compliance with the following 15design elements: 16 a. Lighting. 17 18 19(1) Exterior lighting should be placed above or near 20entryways and garages. 21 22(2) Landscaping should be designed and maintained to 23reduce conflicts with exterior lighting, taking into account long- 24term tree canopy growth. 25 26(3) Landscaping should be designed and maintained to 27minimize obstruction of view of windows, address numbers, and 28walkways. 29 30(4) Pedestrian-scale lighting (maximum 12-foot tall, metal 31halide light poles) should be used for all street and pedestrian 32walkways. 33 34(5) On non-residential projects, non-glare lighting should be 35located around the perimeter or placed on building walls. 36 37(6) In parking garages, all lighting should be vandal 38resistant. Enhanced lighting should be used at entrance/exits to 39reduce transition (from daylight) when entering structure, while 40not drawing additional attention at night. 41 b. Numerical Address. 42 43 44(1)For all multi-family residential and non-residential 45developments, illumination of the building numbers is 46recommended. 47 November 9, 2010 41 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1(2) For all multi-family residential and non-residential 2developments, building numbers should be 12 inches in height 3and placed away from landscaping. Building numbers should be 4placed on facades that are adjacent to accessways and off-street 5parking areas. 6 c. Building Design. 7 8 9(1)Building architecture should allow for enhanced natural 10surveillance of all off-street parking areas, providing a sense of 11security to patrons and visitors. 12 13(2) Security vision doors shall be utilized at all entrances to 14stairwells on each floor. 15 16(3) Convex mirrors shall be installed in stairwell and 17elevator areas. 18 19(4) Elevators shall be located close to the main entrance, 20constructed to avoid hidden spaces and utilize Closed Circuit 21Television (CCTV) surveillance. 22 d. Understory Parking and Parking Garages (Freestanding and 23 Integrated). 24 25 26(1)The first level of a parking garage should have restricted 27access from exterior common ground area, in an effort to reduce 28unauthorized/unsupervised entry. Wrapping the parking garage 29with residential or non-residential uses is the preferred 30methodology in the design of a parking garaage to restrict 31unwanted access and meet other design guideline objectives. 32 33(2) In the limited areas of the garage not wrapped by other 34uses, exterior walls surrounding the first floor (ground level) 35parking should be a minimum three (3) to four (4) feet high. 36Additionally, decorative grill work should be installed between 37the top of this wall and the flooring of the second parking level. 38 39(3) Pedestrian entrances should be adjacent to vehicle 40entrances, open and free of hidden spaces and wired for CCTV 41surveillance. 42 43(4)Each level of the parking garage should be equipped with 44well-marked, direct-ring emergency telephones which shall 45terminate at a central monitoring office, station, or booth. 46 47(5) Ceilings and solid walls inside parking garages should be 48painted white to increase the brightness within the structure. November 9, 2010 42 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 1 e.Miscellaneous. 2 3 4(1) Central mailbox stations should be placed in high-activity 5and conspicuous locations for enhanced safety and natural 6surveillance of users. 7 8(2) Pedestrian crosswalks should be delineated by using 9contrasting paver blocks as opposed to surface striping. When 10crosswalks are located away from stop signs within off-street 11parking areas, they should also be raised. Paver bricks should be 12compatible in style throughout a development. 13 14(3) Bicycle racks should be placed in close proximity to 15building entrances and not located within off-street parking 16areas. 17 18(4) Automated Teller Machines (ATM) should not be 19obscured by any landscaping in excess of two (2) feet in height 20or other fixed objects that would prevent clear visibility and 21should have a convex mirror strategically placed to allow the 22ATM operator to identify any approaching persons. 23 24(5) ATM’s should have illumination of the walkway leading 25to and from it, positioned so as not to cause glare on the video 26recording equipment. 27 28(6) Benches should have adequate lighting if they are 29intended for nighttime use and be located in open view to 30eliminate concealment areas. 31 32 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 4 Site Development Standards\Final\Article III Exterior Builidng and Site Design 33 Standards.doc November 9, 2010 43 SIGN STANDARDS ARTICLE IV. SIGN STANDARDS 1 2 Section 1. General. 3 4 A. Short Title. 5This article shall hereafter be known and cited as the 6“City Sign Code.” 7 B. Purpose and Intent. 8 The purpose of this article is to set forth the 9regulations for the use of signs within the City’s jurisdictional limits for site 10identification, communication, and advertisement. It is the intent of this 11article to promote the health, safety, convenience, aesthetics, morality, and 12general welfare of the City by regulating signs in order to meet the 13following objectives: 14 1.Identification. 15Promote and aid in the identification 16and location of an establishment, organization, or neighborhood; 17 2.Aesthetics. 18 Preserve the beauty and unique character of 19the City by protecting it from visual blight and providing a pleasing 20environmental setting and community appearance, which is deemed 21vital to the attraction and retention of business and commerce; 22 3.Land Values. 23 Protect property values by assuring 24the compatibility of signage with surrounding land uses; 25 4.Safety. 26 Promote general safety and protect the 27general public from damage or injury caused by, or partially 28attributed to, the distractions, hazards, and obstructions that result 29from improperly designed, constructed, maintained, or located 30signs; 31 5. Compatibility. 32 Ensure that signs are compatible with 33the surrounding built environment, including adjacent architecture 34and neighborhoods, and they compliment each other rather than 35detract from one another; and 36 6. Sustainability. 37 To promote signage and support 38structures that employ sustainable designs and technologies with 39respect to their construction, maintenance, and operation (e.g. 40recycled materials, energy efficient, low energy usage bulbs, etc.). 41 C. Administration. 42The Director of Planning and Zoning or 43designee shall have the authority to interpret and administer this article. 44 D. Applicability. 45 The provisions of this article shall be 46considered the minimum standards and are applicable to all new signs 47constructed or displayed after the date of enactment of these regulations or November 9, 2010 1 SIGN STANDARDS 1modification to signs which were permitted prior to the date of adoption of 2these regulations. 3 E. Exemptions. 4 The permitting requirements of this article 5shall not apply to the following signs however, that such signs may be 6subject to other provisions of these Land Development Regulations: 7 1.Address Sign. 8 A non-illuminated sign, which 9indicates the address of the site, provided it does not exceed two (2) 10square feet in area. The sign shall comply with the standards of 11Section 4.A.9 below. 12 2. Residential Yard Sign. 13 A non-illuminated sign with 14noncommercial copy located in any zoning district, provided it does 15not exceed three (3) square feet in area. If proposed as a 16freestanding structure, the sign shall not be greater than four (4) feet 17in height and must be located within five (5) feet of a building on a 18lot; or if there is no building on the lot, the sign must be located at 19least 10 feet from any property line. 20 3. Nameplate or Identification Plaque. 21 A non- 22illuminated nameplate or identification plaque provided it does not 23exceed two (2) square feet in area. The plaque shall comply with 24the standards of Section 4.C.13 below. 25 4. Temporary Real Estate Sign. 26 A non-illuminated 27temporary real estate sign provided it is five (5) square feet or less 28in area. However, this sign shall comply with the standards of 29Section 4.B.1 below, which regulates the minimum required 30setback, allowable location, and maximum size and height. No 31temporary real estate sign is allowed within a public right-of-way 32because it would be considered an off-premises sign and is therefore 33prohibited pursuant to Section 3.K below. 34 5.Temporary Political Sign. 35 A non-illuminated temporary 36political sign provided it is less than 32 square feet in area. 37However, this sign shall comply with Section 4.B.5 below, which 38regulates the minimum required setback, allowable location, and 39maximum size and height. No temporary political sign is allowed 40within a public right-of-way because it would be considered an off- 41premise sign and is therefore prohibited pursuant to Section 3.K. 42below. 43 6. Transit Shelter Sign. 44A sign located on a transit 45shelter provided it complies with Section 4.D.2 below and the 46Building Official determines that compliance with the Florida 47Building Code is not required. November 9, 2010 2 SIGN STANDARDS 1 7. Civic / Government Sign. 2A sign which is deemed 3necessary by an appropriate city department or public agency and 4consisting of noncommercial copy, intended for safety, welfare, or 5informational purposes. This sign typically includes 1) information 6pertaining to current or future public improvements and events; 2) 7traffic, railroad crossing, wayfinding, commemorative, and other 8governmental signage; 3) legal notices, public hearings, and other 9temporary and non-emergency related signage; and 4) signage 10identifying caution, danger, or emergency situations. 11 8. Changing the Copy of a Manual Changeable Copy Sign. 12 13Manual changeable copy signs may be allowed as an accessory 14component to a primary or secondary monument sign pursuant to 15Section 4.C.2.h below. The changeable copy portion of a 16monument sign is exempt from the permitting requirements of this 17article, provided that such new copy complies with the standards of 18this article. 19 20Note: In the event any word, sentence, clause, or other portion of 21this section is determined invalid, then any sign otherwise allowed 22by this section shall comply with the requirements set forth in this 23code as if this section was never enacted. 24 F.Terms and Definitions. 25 See Chapter 1, Article II for all 26applicable terms and definitions which pertain to the regulations and 27standards contained herein. 28 G. Conflict. 29Whenever the regulations and requirements of this 30code conflict with any other lawfully enacted and adopted rules, 31regulations, ordinances, or laws, the most restrictive shall apply, unless 32otherwise stated herein. 33 H. Severability. 34 Except as for otherwise provided in Section 1.G, 35Section 3, and Section 4, should any section, subsection, paragraph, 36sentence, clause, phrase, or other part of this article be declared by a court 37of competent jurisdiction to be invalid, such decision shall not affect the 38validity of this article as a whole or any article, section, subsection, 39paragraph, sentence, clause, phrase, or word thereof, other than that so 40declared to be invalid. 41 J. Relief from Standards. 42 Unless described otherwise, any 43deviation from the sign standards contained herein shall require approval of 44a variance application, which is subject to review and approval by the City 45Commission. Any request for a variance shall be reviewed in accordance 46with Chapter 2, Article II, Section 4.D. No variance may be granted for any 47sign expressly prohibited by this article. The City Commission however, November 9, 2010 3 SIGN STANDARDS 1may grant a variance if it finds that the unusual shape or topography of the 2property or other mitigating factors (e.g., required landscape buffers), 3prevent signage allowable under the provisions of this ordinance from 4adequately identifying the business or other activity located on such 5property. The City Commission may only grant a variance to the following: 6 1. Required Setback. 7Allow a setback less than that 8required under the chapter; 9 2.Sign Area or Height. 10Allow the area and / or height of a 11sign to be increased by up to 25% of the maximum allowable height 12or area; or 13 3.Number of Signs. 14Allow the number of signs to be 15increased over the maximum allowed by this code. 16 Section 2. City Approval Required. 17 18 19No signs, including support structures shall be erected, altered, displayed, or 20modified on private property, public lands, or within City rights-of-way without 21first securing the necessary City approvals and permits as provided hereunder, 22except in instances when exempt from these regulations in accordance with Section 231.E above. The following processes and permits are intended to ensure that all 24signage complies with the standards of this article: 25 A. Site Plan Review. 26 Except for individually platted lots containing 27single-family and duplex homes located within single-family and two- 28family residential zoning districts, the site plan review process shall be 29required and reviewed in accordance with the procedures set forth in 30Chapter 2, Article II, Section 2.F prior to the issuance of any sign permit. 31For the purposes of this subsection, the term “site plan” is construed to 32include master site plan and technical site plan applications. 33 B. Sign Permit. 34 The sign permit process shall be required, and 35initiated only subsequent to the approval of a site plan application, except in 36those instances when site plan review is not required. The sign permit 37application shall be processed in accordance with the procedures set forth in 38Chapter 2, Article II, Section 5.A, unless the Building Official determines 39that compliance with the Florida Building Code is necessary. In these 40instances, the sign permit shall be processed in accordance with the 41procedures set forth in Chapter 2, Article IV, Section 3. Any sign, 42including the support structure, which is erected, altered, displayed, or 43changed without a sign permit is considered an illegal sign, and shall be 44subject to the penalties set forth herein. Any sign proposed within a City 45right-of-way shall require approval from the Engineering Division. The 46issuance of a sign permit shall not relieve any party from obtaining the November 9, 2010 4 SIGN STANDARDS 1necessary permits which may be required by the various federal, state, or 2local government agencies. 3 Section 3.Prohibited Signs. 4 5 6The following signs and related equipment are prohibited in all zoning districts, 7unless otherwise stated herein: 8 A. Noise Sign. 9 Any sign that produces noise or sounds capable of 10being heard (excluding voice units at drive-through facilities) and those 11which emit visible smoke, vapor, particles, or odor. 12 B. Animated or Fluttering Sign. 13 Any sign with visible moving, 14revolving, flashing, or rotating parts or visible movement of any kind. 15 C. Motion Picture or Video Sign. 16 Any sign with motion picture 17or video mechanisms used in such a manner as to permit or allow images. 18 D. Electronic Messaging Centers (EMC). 19 Any sign, including 20electronic changeable copy, which incorporates a technology that allows the 21sign face to change its image without having to physically or mechanically 22replace the sign face or its components. Such technologies or methods may 23include but are not limited to cathode-ray tube (CRT), light-emitting diode 24(LED) displays, plasma displays, liquid-crystal displays (LCD), or similar 25technologies or methods that allow the sign face to present a series of 26images or displays. However, this prohibition excludes those instances 27when such signs are used by a government or public agency for the 28purposes of directing or regulating pedestrian or vehicular movement or 29when providing other important information to the public. 30 E. Mobile Sign. 31 Any sign not permanently attached to a wall, 32ground, or any other approved supporting structure, or a sign designed to be 33transported, such as signs transported by wheels, mobile billboards, “A- 34frame” or sandwich type, sidewalk or curb signs, and unanchored signs, 35except where otherwise stated in this article. 36 F. Roof Sign. 37 Any sign erected, placed, or affixed 1) to the slope of a 38hip or gable roof; 2) above the roofline or parapet wall; or 3) on rooftop 39structures, including but not limited to mechanical enclosures, mechanical 40equipment, or chimneys. All signs shall be located a minimum of six (6) 41inches below the top of the mansard or parapet wall, where applicable. 42 G. Snipe Sign. 43 Any sign that is tacked, nailed, posted, pasted, glued, 44or otherwise attached to trees, poles, stakes, fences, trailers, or other 45supporting structures, except where otherwise stated for in this article. 46 November 9, 2010 5 SIGN STANDARDS H. Painted Wall Sign. 1Any sign painted on or attached to a wall, 2excluding murals, which are reviewed separately in accordance with 3Section 4.D.4 below and approved by the Arts Commission. 4 I.Unauthorized Sign. 5 Any sign that has not been properly 6permitted by the City but located on property owned by or under control of 7the City. 8 J. Non-Geometric Sign. 9Any sign structure, shaped to depict figures 10or demonstrative shapes used to attract attention to the business activity 11with which the sign is associated, excluding an under canopy or blade sign 12regulated in accordance with Section 4.C below. 13 K. Off-Premises Sign. 14 Any temporary or permanent off-premises 15sign, including billboards but excluding those types of signs which may be 16allowed in limited instances in accordance with this article. 17 L. Other 18 19 1. 20 Signs attached to or painted on fire escapes, television 21antennas, satellite dishes, utility poles, or any other associated 22structure. 23 2. 24 Signs or sign structures supported by visible guy wires, 25cables or where there is visible electrical conduit. 26 3. 27 Any balloons, pennants, streamers, or the like shall be 28prohibited if used as a permanent display or temporary sign or as a 29means of directing attention to any establishment or organization, or 30to a commodity or service sold, offered, or manufactured. 31 4. 32Any stationary or revolving light (beacon) which flashes or 33projects illumination, single-color or multi-colored, in any manner 34which is intended to attract or divert attention. This does not 35include any lighting required by the Federal Aviation 36Administration (FAA) or similar agencies. 37 5. 38 Any sign which advertises a home-based business (home 39occupation), excluding those allowed in conjunction with a live / 40work unit and the corresponding regulations. 41 6. 42 Any illuminated sign designed with bare bulbs, exposed 43neon tubing, or similar technology, which is not shielded and 44therefore leaving it exposed and directly visible, except for when 45used as a window sign and regulated in accordance with Section 465.C.6 below. Neon tubing, bare bulbs, miniature lighting, and 47similar technologies shall not be used to illuminate or outline November 9, 2010 6 SIGN STANDARDS 1building facades, storefronts, door openings, window, or window 2displays pursuant to Chapter 4, Article VII, Section 5.E. 3 7. 4 Any pylon sign as defined in Chapter 1, Article II. 5 8. 6 Any sign and / or sign structure which does not meet all the 7criteria set forth in this article. 8 9Note: In the event any word, sentence, clause, or other portion of 10this section is determined invalid, then any sign otherwise 11prohibited by this section shall comply with the requirements set 12forth in this code as if this section was never enacted. 13 Section 4. Standards. 14 15 A. General. 16 The following general standards shall apply to all 17signs city-wide: 18 1. Sign Content. 19 20 a. Obscene. 21It shall be unlawful for any person to 22display upon any sign or other advertising structure any 23obscene or indecent matter. No sign shall display any 24statement, word, character, or illustration of an obscene 25nature, as defined by Chapter 847, Florida Statutes, as may 26be amended from time to time. 27 b. Misleading. 28 It shall be unlawful for a person to 29display false or misleading statements upon signs, intended 30to mislead the public as to anything sold, any services to be 31performed or information disseminated. The fact that any 32sign or display shall contain words or language sufficient to 33mislead a reasonable and prudent person in reading same, 34shall be prima facie evidence of a violation of this section 35by the person displaying the sign or permitting same to be 36displayed. 37 c. Noncommercial Copy. 38 Any sign authorized in 39this article may contain noncommercial copy in lieu of any 40other copy. However, in nonresidential zoning districts, the 41area of a sign containing noncommercial copy shall be 42construed to count towards the total signage area allowed 43for the sign type that it most closely resembles. Any sign 44allowed under this article may contain, in lieu of any other 45message or copy, any lawful noncommercial message that 46does not direct attention to a business operated for profit, or 47to a product, commodity or service for sale or lease, or to November 9, 2010 7 SIGN STANDARDS 1any other commercial interest or activity, so long as said 2sign complies with the size, height, area and other 3requirements of this article. 4 2. Computation of Sign Area. 5 The sign area shall be 6expressed in square feet for each sign face. The area of each sign 7shall be computed as follows: 8 a. Designed as a Freestanding Sign. 9 The total square 10footage of a sign face is calculated by multiplying the height 11by the width of a regular rectangular area which 12encompasses the entire sign face area exclusive of structural 13supports. When designed as double-faced or multi-faced 14freestanding sign, the area for a sign with more than one (1) 15face shall be computed by adding together the area of all 16sign faces visible from any one (1) point. For multi-faced 17signs, the area shall be computed by the measurement of one 18(1) of the faces when: 19 20(1) Two (2) identical faces are placed back-to- 21back so that both faces cannot be viewed from any 22point at the same time; and 23 24(2) Such sign faces are part of the same sign 25structure and there is no more than a 45-degree 26angle between the faces. 27 b. Affixed to a Building Façade, Fence, or Wall. 28 29The area of a sign face shall be computed by means of the 30smallest square, circle, rectangle, triangle, or combination 31thereof that will encompass the extreme limits of the 32writing, representation, emblem, or other display, together 33with any material or color forming an integral part of the 34background of the display or used to differentiate the sign 35from the backdrop or structure against which it is placed, 36but not including any supporting framework, bracing, or 37decorative fence or wall when such fence or wall otherwise 38meets zoning ordinance regulations and is clearly incidental 39to the display itself. The background area of a wall or 40façade on which a sign is affixed shall be excluded from the 41computation of sign area unless the color(s) and / or 42material(s) of the wall or façade is such that it visually 43appears or contributes to the effect of a sign or that it 44explicitly distinguishes itself as different or unique from the 45greater and remaining portion of the building façade, fence, 46or wall. 47 November 9, 2010 8 SIGN STANDARDS 1(1) Individual Letters. If a sign consists of 2individual letters, each attached directly to a 3building or structure without a change in 4background color, the area of the sign shall be 5measured by the area of the smallest rectangle or 6series of contiguous rectangles that enclose all 7letters or non-word depictions. In addition, the 8horizontal separation of words shall not exceed 9twice the maximum letter height. The maximum 10vertical separation of words shall not exceed 60% of 11the maximum letter height. 12 13(2) Panel or Cabinet Style. If a sign is designed 14as a panel or cabinet style sign, the total area, 15including background is included. 16 3. Cross Visibility and Safe-Sight. 17 18 a. Purpose and Intent. 19 The purpose of this subsection 20is to promote safety in the placement of freestanding signs 21(as defined in Chapter 1, Article II) and those signs posted 22to freestanding structures where in close proximity to rights- 23of-way, off-street parking areas, and other vehicular use 24areas. The intent is to ensure safe and unobstructed views 25for both pedestrians and motorists. 26 b. Standards. 27 The “safe-sight triangle” is the 28triangular-shaped area described by the Engineering Design 29Handbook and Construction Standards (EDHCS). All 30freestanding signs shall comply with the following cross 31visibility and safe-sight standards: 32 33(1) Visibility at Driveway Openings onto 34Rights-of-Way or between Properties. Unobstructed 35cross visibility shall be maintained in the safe-sight 36triangle where parking lot driveway openings and 37access points occur along rights-of-way or between 38individual properties. All freestanding signs may be 39allowed within the safe-sight triangle provided that 40unobstructed cross-visibility is maintained 30 inches 41above the pavement, measured from the abutting 42right-of-way or cross-access drive, whichever is 43applicable. 44 45(2) Visibility at Corners of Rights-of-Way. 46Freestanding signs shall not obstruct cross visibility 47within 25 feet of the intersection of two (2) right-of- November 9, 2010 9 SIGN STANDARDS 1way lines pursuant to Chapter 4, Article VIII, 2Section 3.C.4.u. 3 4(3) Visibility along State Roads. The placement 5of a sign shall not cause any traffic line-of-sight 6obstruction and must comply with the visibility 7requirements of Florida Department of 8Transportation (FDOT) Standard Index No. 546 or 9the latest supplement thereof. 10 4.Traffic Hazards. 11No sign or structure authorized by this 12article shall be designed and / or erected in such a manner to 13obstruct free and clear vision; to be confused with any authorized 14traffic sign, signal, or device; or to otherwise confuse motorists or 15pedestrians by reason of its position, shape, color, or content. For 16example, signs which may be confused with authorized traffic signs, 17signals, or devices may include but are not limited to those which 18makes use of the words "stop", "look”, “danger", or any other word, 19phrase, symbol, or character that interferes with, misleads, or 20confuses motorists. Furthermore, no sign shall be erected, 21constructed, or maintained so as to obstruct any fire fighting 22equipment, unless otherwise approved by the Fire Marshall. 23 5.Wind Load. 24 All signs and other advertising structures 25shall be designed and constructed to withstand weather conditions, 26wind and dead loads as required by the Florida Building Code or 27other ordinances of the City. 28 6.Unlawful or Unsafe Signs. 29 If it is determined that any 30sign, or structure supporting a sign, regulated herein is unsafe or is a 31menace to the public, or has been constructed or erected or is being 32maintained in violation of the provisions of this ordinance, the City 33shall give written notice to the owner thereof. If the owner fails to 34remove or alter the sign or structure so as to comply with the 35standards set forth herein within the time prescribed in the notice, 36such sign or structure may be removed or altered to comply by the 37city at the expense of the permittee or owner of the property upon 38which the sign or structure supporting the sign is located. The City 39may cause any sign or structure supporting a sign which presents a 40direct and immediate peril to persons or property to be removed 41without notice to the property owner. 42 7.Maintenance. 43 The owner of any sign and structure 44supporting a sign, as defined and regulated by this article shall be 45required to properly maintain such sign and structure. For a sign to 46be properly maintained, the sign, together with its framework, November 9, 2010 10 SIGN STANDARDS 1braces, angles, or other supports shall be in a safe condition, 2properly secured, supported and braced. 3 8. Overhead Clearance. 4 A sign projecting over a 5pedestrian walkway shall maintain a minimum overhead clearance 6of nine (9) feet in height. A sign projecting over a vehicular use 7area shall maintain a minimum overhead clearance of 14 feet – six 8(6) inches in height. 9 9.Property Address. 10 All properties shall be identified with 11the respective property address pursuant to Part II, Chapter 10, 12Article IV (Property Maintenance Requirements). In addition, the 13following sign standards shall apply: 14 a. Size. 15 The numbers and / or letters associated with 16each address shall consist of characters which are four (4) 17inches for residential properties and six (6) inches for multi- 18family or nonresidential properties. 19 b. Computation of Sign Area. 20 Numbers and / or 21letters, which are associated with the address of the 22property, shall not count towards the total signage area of 23the sign. An address sign, designed in accordance with 24paragraph “a” above and Section 1.E.1 above, shall be 25exempt from the permitting requirements of this article. 26However, any sign that contains the property address and is 27larger than two (2) square feet in area shall require a sign 28permit. This sign shall be regulated by the standards for the 29type of sign with which it most closely resembles. 30 c. Location of Address on Monument Signs. 31 The 32property address shall be included on each monument sign. 33The location of the address shall be centered at the top of 34the sign and visible from abutting rights-of-way. 35 10. Illuminated Signs. 36 37 a.National Electric Code. 38 All illuminated signs 39shall be subject to the provisions of the National Electric 40Code. Signs that are illuminated from an exterior source 41shall be designed and / or shielded in such a manner so that 42no direct source of light is visible from off-site. 43 b. Prohibition in Residential Zoning Districts. 44 45 All internally-illuminated signs are prohibited in 46residential zoning districts. Signs may be uplit from dusk 47until dawn but in no case shall the uplighting spill over or November 9, 2010 11 SIGN STANDARDS 1glare onto adjacent properties. The uplighting shall not be 2excessive to the extent that it would be incompatible with 3the existing lighting levels within the surrounding homes 4and neighborhoods. 5 c. Illumination Level. 6 Illuminated signs, support 7structures, and external lighting sources shall not create 8conditions of glare and must be designed to further the 9objectives of this article as they relate to safety, function, 10energy usage, and aesthetic value. In multiple-tenant 11developments, the illumination level of each sign must be 12consistent with each other (and abutting properties) and no 13one sign shall be conspicuously brighter than the other so as 14to draw more attention to it. The illumination levels of 15signs within single-tenant developments shall be compatible 16with the lighting levels of signage on abutting properties. 17 d. Neon Tubing, Bare Bulbs, and Miniature 18 Lighting. 19 Neon, bulbs, miniature lighting, CRT, LED, 20LCD, and similar technologies may be utilized as a 21component of any internally-illuminated sign permitted in 22this article. However, the light source of all such signs, 23excluding window signs, must be completely shielded. See 24Section 5.C.3 below for additional community design 25standards regarding internally-illuminated window signs. 26 11. Crime Prevention Through Environmental Design 27 (CPTED). 28 See Chapter 4, Article III, Section 5.B for additional 29regulations regarding signs and CPTED guidelines. 30 31Note: In the event any word, sentence, clause, or other portion of 32this section is determined invalid, then any sign otherwise allowed 33by this section shall comply with the requirements set forth in this 34code as if this section was never enacted. 35 B. Temporary Signs. 36 It shall be unlawful to affix, erect, locate, or 37maintain any temporary sign off-premises unless otherwise authorized 38under this subsection. Temporary signs shall be allowed in accordance with 39the following provisions: 40 1. Real Estate Sign. 41A temporary real estate sign is 42allowed on private property for the purpose of advertising the sale 43or lease of such property. The sign(s) shall comply with the 44following standards: 45 46 47 November 9, 2010 12 SIGN STANDARDS 1 2 3 4 a. Maximum Number, Size and Height (Table 4-10). 5 6 Sign Area Number of Sign Height Project Size(Aggregate)Signs – - Maximum 1 – Maximum Maximum Single-family and multi- 1 per street family (less than 10 5 s.f. 6 feet frontage dwelling units) Multi-family (10 dwelling 1 per street 6 feet 16 s.f. units or more) frontage All nonresidential 1 per street 16 s.f. 6 feet 2 developments frontage 7 8 1 Based upon the aggregate signage area of all 9 temporary real estate signs located within a particular lot or 10 development. 11 12 2 For the purpose of this subsection, nonresidential 13 districts include commercial, industrial, mixed-use, and 14 miscellaneous zoning districts. 15 b. Setbacks. 16 A temporary real estate sign that is in 17excess of five (5) square feet in area shall be setback a 18minimum of 10 feet from all property lines. 19 c. Exemptions. 20 A temporary real estate sign that is 21five (5) square feet or less in area is exempt from the 22permitting requirements of this article pursuant to Section 231.E.4 above. 24 d. Duration. 25 A temporary real estate sign permit 26shall be valid for 180 days. 27 e. Prohibited in Required Landscape Strip. 28 A 29temporary real estate sign is not allowed within the required 30landscape strip that abuts a right-of-way. See Chapter 4, 31Article II, Section 4 for additional standards regarding 32landscape strips abutting rights-of-way. 33 2. Project Development Sign. 34 35 a. General. 36A temporary project development 37sign or banner is allowed on properties located within 38planned and multi-family residential zoning districts, and 39for all nonresidential developments, for the purpose of 40describing the anticipated development during the November 9, 2010 13 SIGN STANDARDS 1construction process. This signage typically identifies the 2proposed name of the development and basic information, 3such as its pricing, square footage, projected completion 4date, identification of major tenants, and the like. It may 5also consist of graphics, such as illustrations of the subject 6development. 7 b. Maximum Number, Size and Height (Table 4-11). 8 9 A project development sign or banner is allowed as a 10freestanding structure or it may be affixed to a temporary 11construction trailer. The following standards shall apply: 12 Sign AreaNumber of Sign Height - Project Size(Aggregate) –Signs- Maximum MaximumMaximum Less than 10 12 125 s.f. 15 feet 1 acres Greater than 13 250 s.f. 15 feet 2 10 acres 13 14 1 If affixed to the side of the temporary construction 15 trailer, the sign or banner shall not be greater than 15 feet in 16 height or exceed the height of the trailer, whichever is less. 17 18 2 A second sign or banner may be allowed if warranted 19 by unique circumstances, such as the number of street 20 frontages or access driveways; however, the aggregate signage 21 area shall not exceed 125 square feet within a particular 22 development. 23 24 3 Additional signs or banners may be allowed if 25 warranted by unique circumstances, such as the number of 26 street frontages or access driveways, provided the aggregate 27 signage area between all signs and banners do not exceed 250 28 square feet within a particular development. 29 c. Duration. 30 The temporary project development 31sign permit shall be valid for 180 days. No permit shall be 32issued until a site plan has been approved for the 33development. For the purpose of this subsection, the term 34“site plan” is construed to include master site plan and 35technical site plan applications. The sign or banner is 36subject to removal if construction has not commenced or is 37substantially abandoned, as evidenced by a lack of 38inspections and / or other pertinent conditions. The sign or 39banner shall be removed prior to final building inspection. 40 3. Construction Sign. 41 42 November 9, 2010 14 SIGN STANDARDS a. General. 1 A temporary construction sign or 2banner is allowed on all properties during the construction 3period for the purpose of advertising the active participants 4and stakeholders of a project. This signage typically 5identifies the names and phone numbers of associated 6developers, planners, architects, engineers, contractors, 7subcontractors, financiers, and the like. 8 b. Standards. 9 At construction sites, a temporary 10construction sign or banner is allowed to be installed in 11accordance with the following methods: 1) on the temporary 12security and safety fencing or other types of barriers that are 13required and approved by the Building Official; 2) as a 14freestanding structure; or 3) affixed to a temporary 15construction trailer. The sign or banner shall not exceed 32 16square feet in area or be greater than six (6) feet in height. 17However, if affixed to the side of a construction trailer, the 18height of the sign or banner shall not be greater than 15 feet 19or exceed the height of such construction trailer, whichever 20is less. 21 c. Duration. 22 The temporary construction sign 23permit shall be valid for 180 days. No permit shall be 24issued until an application is submitted for a construction- 25related permit. The sign or banner is subject to removal if 26construction has not commenced or is substantially 27abandoned, as evidenced by a lack of inspections and / or 28other pertinent conditions. The sign or banner shall be 29removed prior to final building inspection. 30 d.Temporary Security Fencing. 31 Temporary 32security fencing around construction sites may contain 33screening material enhanced with lifestyle graphics, images, 34pictorals, wraps, photographs, or a combination thereof. 35However, the screening materials shall not conflict with the 36original intent for such fencing, mesh, or related materials, 37which is to offer protection from dust, debris, and other 38airborne particulate matter (pursuant to Chapter 3, Article 39V, Section 2.F.). See Section 5.C.1 below for additional 40community design standards regarding lifestyle graphics on 41temporary fencing and barriers around construction sites. 42 4. Banner. 43 44 a. New Development. 45 46 November 9, 2010 15 SIGN STANDARDS 1(1) A temporary banner, not to exceed 20 square 2feet, is allowed for a maximum of one (1) year for a 3new multi-family residential development or non- 4residential use. The permit to allow for such banner 5shall only be issued once a certificate of occupancy 6has been approved for the project. 7 8(2) For multi-family residential developments 9and projects located in mixed-use zoning districts, 10an additional banner of equal size and shape may be 11allowed, provided that both are placed at the main 12point of vehicular ingress / egress. This placement 13and symmetry may be repeated at one (1) project 14entrance per frontage with a maximum number of 15two banners per entrance and maximum height of 15 16feet. 17 b. Existing Development. 18 A temporary banner, not to 19exceed 20 square feet, is allowed for existing multi-family 20developments and non-residential uses. This banner is 21allowed for a maximum of 90 days within a one (1)-year 22period. 23 c. Landscaping. 24 Banners, if placed within the 25landscape strips abutting rights of way or perimeter 26landscape buffers, shall not be attached to any trees or 27shrubs. In these instances, banners shall be placed behind 28the shrub line and their location must comply with the cross 29visibility and safe sight standards of Section 4.A.3 above. 30 d. Miscellaneous. 31 All banners, regardless of 32location, shall be removed within 12 hours upon the posting 33of a tropical storm or hurricane watch. Banners may be 34used in the following types of temporary signage; 1) project 35development signs; 2) construction sign; 3) special 36temporary sales event; 4) seasonal sales event sign; and 5) 37Recreation and Parks Special Event Sign. The provisions of 38this subsection do not apply to the aforementioned type of 39temporary signs. See the appropriate subsections of code 40and their respective regulations for each type of 41aforementioned sign. 42 5. Political Sign. 43 With consent of the property owner, a 44temporary political sign is allowed on private property during the 45period preceding any local, state, or national election. No political 46sign is allowed within rights-of-way or on City-owned property. In 47addition, political signs shall meet the following standards: November 9, 2010 16 SIGN STANDARDS 1 a. Maximum Number, Size and Height (Table 4-12). 2 3 Sign Area Sign AreaSignNumber of (Aggregate)Signs – Project Size(per sign) -Height - 12 Maximum– Maximum MaximumMaximum Single-family and multi- family (less than 10 dwelling 5 s.f. 20 s.f. 4 feet Multiple units) Multi-family (10 dwelling 5 s.f. 32 s.f. 4 feet Multiple units or more) Nonresidential developments 32 s.f. 4 feet Multiple 5 s.f. 3 (less than 5 acres) Nonresidential developments 32 s.f. 75 s.f. 6 feet Multiple 3 (5 acres or more) 4 5 1 Based upon the aggregate signage area of all 6 temporary political signs located within a particular 7 development. 8 9 2 A development is allowed to have multiple signs. 10 However, the total aggregate signage area shall not exceed the 11 maximum allowed within that particular development. 12 13 3 For the purpose of this subsection, nonresidential 14 districts include commercial, industrial, mixed-use, and 15 miscellaneous zoning districts. 16 17 b. Setbacks. 18 A temporary political sign that is in 19excess of five (5) square feet in area shall be setback a 20minimum of 10 feet from all property lines. 21 c. Exemptions. 22 A temporary political sign that is 23smaller than 32 square feet in area is exempt from the 24permitting requirements of this article pursuant to Section 251.E.5 above. 26 6. Special Sales Event Sign. 27 28 a. General. 29 Pursuant to the supplemental zoning 30regulations (Chapter 3, Article V, Section 6), it shall be 31unlawful for any establishment to display retail merchandise 32outside a principal building without first having secured a 33permit for a special temporary sales event. The purpose and 34intent of these regulations is to establish minimum 35requirements for signage related to a special temporary sales 36event. 37 b. Sign Permit Required. 38See Chapter 2, Article 39II, Section 5.E for additional regulations regarding the November 9, 2010 17 SIGN STANDARDS 1process for obtaining a sign permit from the Planning and 2Zoning Division. 3 c. Size. 4 The size of a sign or banner associated with a 5special temporary sales event shall not exceed 20 square 6feet. 7 d. Location. 8 The sign or banner shall not be 9located within 1) the building setback; 2) landscape strip 10abutting rights-of-way; 3) perimeter landscape buffer; or 4) 11located off-premises within a right-of-way. In all instances, 12the location of the sign or banner shall comply with the 13cross visibility and safe-sight standards of Section 4.A.3 14above. 15 e. Duration. 16 The special temporary sales event 17sign shall be valid for the duration of the special temporary 18sales event. 19 f. Miscellaneous. 20 21 22(1) All signs and banners shall be removed 23within 12 hours upon the posting of a tropical storm 24or hurricane watch. 25 26(2) Any property owner desiring to obtain a sign 27permit in order to sell Christmas trees, pumpkins, or 28fireworks as an accessory use would need to obtain 29a Seasonal Sales Event Permit, which is regulated 30separately in accordance with Section 4.B.7 below . 31 7. Seasonal Sales Event Sign. 32 33 a. General. 34Pursuant to the supplemental zoning 35regulations (Chapter 3, Article V, Section 7), it shall be 36unlawful for any establishment or organization to display 37Christmas trees, pumpkins, or fireworks outside a principal 38building without first having secured a permit for a seasonal 39sales event. The purpose and intent of these regulations is 40to establish minimum requirements for signage related to a 41seasonal sales event. 42 b. Sign Permit Required. 43See Chapter 2, Article 44II, Section 5.A for additional regulations regarding the 45process for obtaining a sign permit from the Planning and 46Zoning Division. 47 November 9, 2010 18 SIGN STANDARDS c. Size. 1 The size of a sign or banner associated with a 2seasonal sales event shall not exceed 20 square feet. 3 d. Location. 4 The sign or banner shall not be 5located within 1) the building setback; 2) landscape strip 6abutting rights-of-way; 3) perimeter landscape buffer; or 4) 7located off-premises within a right-of-way. In all instances, 8the location of the sign or banner shall comply with the 9cross visibility and safe-sight standards of Section 4.A.3 10above. 11 e. Duration. 12 The seasonal sale event sign shall be 13valid for the duration of the seasonal sales event sign. 14 f. Miscellaneous. 15 All signs and banners shall be 16removed within 12 hours upon the posting of a tropical 17storm or hurricane watch. 18 8. Vehicle Display Sign. 19 Motor vehicles displaying 20business names, addresses, telephone numbers, email address, 21website information, contractor certification numbers, logos or 22similar information, or which contain signage of any kind on 23vehicle surfaces shall not be parked or stored in the row of parking 24stalls or in any area within 25 feet of the front property line for 25longer than four (4) hours within a 24-hour period. However, this 26type of advertising on vehicles shall not apply under the following 27circumstances: 28 a. 29 Vehicles, in the process of making a temporary 30delivery to a residence, establishment, or organization (i.e. 31U.S. Postal Service, UPS, Federal Express, DHL, Airborne, 32etc.); 33 b. 34 Vehicles used in conjunction with a special 35promotion and possessing a valid permit; 36 c. 37 Vehicles containing advertising signs which are less 38than eight (8) square feet in area and letters that are less 39than eight (8) inches in height; 40 d. 41 Vehicles used for public transportation; and 42 e. 43 Vehicles parked on private properties located in 44industrial zoning districts, unless parked or stored in off- 45street parking areas that abut an arterial or collector 46roadway. 47 November 9, 2010 19 SIGN STANDARDS 9. Recreation and Parks Department Special Event Sign. 1 2 Any sign or banner proposed in conjunction with a 3Recreation and Parks Department Special Event is regulated 4separately and shall comply with Part II, Chapter 13, Article I, 5Section 13-20. 6 7Note: In the event any word, sentence, clause, or other portion of 8this section is determined invalid, then any sign otherwise allowed 9by this section shall comply with the requirements set forth in this 10code as if this section was never enacted. 11 C. Permanent Signs. 12It shall be unlawful to affix, erect, locate, or 13maintain any permanent sign off-premises unless otherwise authorized 14under this subsection. Permanent signs shall be allowed in accordance with 15the following provisions: 16 1. Wall Sign (Affixed to Building). 17 18 a. General. 19 One (1) or more wall signs, which 20typically advertises the name of the establishment, 21organization, product, or service, are allowed on the façade 22of a building, provided such sign(s) and supports do not 23extend in excess of 18 inches off of the face of the building 24wall, beyond the building corner, or at all above the parapet. 25 An exception may be made for architectural elements that 26provide a roofline break such as an entry feature with a 27minimum offset forward of the typical building wall of three 28(3) feet. November 9, 2010 20 SIGN STANDARDS b. Maximum Sign Area (Table 4-13). 1 The maximum 2allowable area for wall signs is a factor of the zoning district 3and length of the building wall. Wall signs shall be allowed 4in accordance with the following table: 5 Sign Area – Maximum (Ratio of maximum allowable wall Zoning District sign area for each linear foot of building or tenant space) Residential 1 Single-Family district 1 1:1, but not to exceed 32 square feet Two-Family distirct 1 Planned Unit Development 2 Multiple-Family district 1:1 2 Infill Planned Unit Development Commercial 3,4 Mixed Use 1.5 : 1 Miscellaneous CBD 1:1 Industrial1:1 6 7 1 Wall signs are allowed for nonresidential 8 developments within single-family residential, two-family 9 residential and planned unit development zoning districts, and 10 within all developments containing multiple-family residential 11 uses (in excess of 10 dwelling units). The top of the sign(s) 12 shall not exceed the height of 10 feet. 13 14 2 Wall signs are allowed within all developments 15 containing multi-family residential or nonresidential uses. 16 17 3 Pursuant to Section 5.C.2 below, the maximum wall 18 sign area may be increased by 10% to allow for additional 19 signage on rear facades of multiple-tenant buildings within 20 nonresidential developments. 21 22 4 For a multiple-tenant building designed as an indoor 23 shopping mall, the maximum allowable wall sign area may be 24 increased, provided the total signage area (per wall of a major 25 department store or center store containing an exterior 26 customer entrance) does not exceed 10% of the area for each 27 façade. 28 c. Signs on Multiple-Story Buildings. 29 Wall 30signs are allowed on upper floors of multiple-story 31buildings, but only in the following instances: 1) the 32building is designed for and contains multiple tenants or 33occupants, and the entrance doors for such tenants or 34occupants (on upper floors) are designed external to the 35building; or 2) the sign, which indicates the name of the 36building or its major tenant, is placed near the top of the November 9, 2010 21 SIGN STANDARDS 1building regardless of any external doors on upper floors. 2In both instances however, the signage is considered “wall 3sign (affixed to building),” and shall count toward the 4aggregate wall signage area. Wall signs located on upper 5floors, excluding the building or major tenant name as 6identified above, shall be located in front of each tenant 7space or bay. 8 d. Community Design Standards. 9 See Section 105.C.2 below for additional community design standards 11regarding wall signs. 12 2. Monument Sign. 13 14 a. Purpose and Intent. 15 The purpose of this subsection 16is to ensure order, safety, and unobstructed views for both 17pedestrians and motorists. The intent is to specifically 18prevent project signage from lowering the level of safety 19and aesthetic quality of the streetscape environment through 20appropriate and uniform restrictions on size and placement. 21 b.Computation of Height. 22The methodology for 23measuring the height of a monument sign shall be in 24accordance with the Definitions (see “Signs, Height” in 25Chapter 1, Article II). However, for the purpose of this 26subsection, the height shall exclude that portion of the sign 27devoted to displaying the property address. 28 c. Maximum Height, Size and Number (Table 4-14). 29 30The maximum allowable sign height and area are a factor 31of zoning district, property size, and number of travel lanes 32on the abutting roadway. Use Table 4-14 below, including 33the corresponding footnotes to determine the regulations 34applicable to a given project. Note that circumstances such 35as compatibility with surrounding properties and project 36scale may warrant a reduction in total sign height and size. 37 38 39 40 41See next page. November 9, 2010 22 SIGN STANDARDS 1 1 Height– Maximum (in feet) Area – Maximum Number 2,3 Primaryand Secondary (in square feet) Propertyof Travel Signs Zoning Size (in Lanes in District Single-Multiple-Single-Multiple- Acres)Abutting TenantTenantTenantTenant Roadway DevelopmentDevelopmentDevelopmentDevelopment 2 5 5 16 N/A 4 ResidentialAny 4 or 6 5 532N/A 2 5 5 16 16 < 1 6 4 or 6 5 53232 2 5 5 32 32 < 2 Office,4 or 6 5 53240 Commercial, 2 5 5 32 40 7 Industrial, 2 to 84 6 6 40 40 SMU, Other 7 6 8 8 40 40 2 5 5 40 40 5 > 8 4 6 10 40 100 6 8 12 64 120 2 5 5 32 40 < 2 4 5 5 32 40 6 N/A N/A N/A N/A Mixed Use 2 5 5 32 40 (Urban 2 to 8 4 6 6 40 64 Districts) 6 N/A N/A N/A N/A 2 5 5 32 40 > 8 4 6 6 40 64 6 N/A N/A N/A N/A 2 3 1 Circumstances, such as compatibility with 4 surrounding properties, existing or planned character for the 5 area, speed limits, and project scale may justify further 6 reductions in the maximum sign heights. 7 8 2 Secondary signs shall be located along property 9 line(s) abutting rights-of-way with secondary access. 10 11 3 For maximum height of secondary sign, see primary 12 sign height for travel lanes of road on which the sign will front. 13 14 4 primarysecondary A or monument sign is allowed for 15 all nonresidential uses or within multi-family residential 16 developments containing at least 10 dwelling units. The sign 17 shall not be internally-illuminated. 18 19 5 For indoor shopping malls, as an alternative, a four 20 (4)-sided sign, not to exceed 32 square feet per sign face, is 21 allowed at each point of vehicular ingress (from a public right- 22 of-way) into the development. 23 24 6 The maximum area of a monument sign shall not 25 exceed 16 square feet where located on outparcels which are 26 smaller than one (1) acre. 27 November 9, 2010 23 SIGN STANDARDS 1 7 Sign area may be increased by 10 square feet per each 2 additional acre of lot size greater than two (2) acres (round up 3 at 0.5). 4 d. Setbacks. 5 All monument signs shall be setback 6at least 10 feet from all property lines, measured from the 7property line to the closest surface of the sign. 8 e. Cross Visibility and Safe-Sight. 9 All monument 10signs shall comply with the cross visibility and safe-sight 11standards and regulations of Section 4.A.3 above. 12 f. Property Address. 13 The property address shall be 14required on each monument sign in accordance with Section 154.A.9 above. 16 g. Project Name. 17Each sign shall include the 18name of the project or development. The name shall be 19located at the top of the sign just below the site address. 20The balance of the sign and / or copy must meet the 21objectives of the purpose and intent of Section 1 above (e.g. 22identification, aesthetics, etc.) and the community design 23standards of Section 5 below (e.g. compatibility, sign style, 24lettering, etc.). 25 h. Changeable Copy Signs. 26 A monument sign may 27contain changeable copy provided the entire sign and its 28support structure are designed in accordance with the 29following standards: 30 31(1) Size. The changeable copy component of 32the sign shall not comprise more than 20% of the 33sign face, unless a larger percentage is otherwise 34required by federal or state law. 35 36(2) Timing. The message from any 37changeable copy shall not change more than once in 38any 24-hour period, unless otherwise required by 39federal or state law. 40 41(3) Design. When a monument sign is 42proposed to include changeable copy, the existing or 43proposed sign shall be constructed of masonry, 44concrete-block-steel (CBS), or other comparable 45material so that its appearance meets the aesthetic 46requirements of this article. In addition, the 47changeable copy portion shall not interfere or 48conflict with the visibility of the property address, November 9, 2010 24 SIGN STANDARDS 1which is a required component of all monument 2signs pursuant to Section 4.A.9 above. The 3changeable copy portion of the sign shall be located 4at the bottom of the sign face. 5 6(4) Multi-Tenant Developments. Changeable 7copy is allowed on signs within multi-tenant 8developments provided that such copy is part of an 9approved sign program. 10 11(5) Lettering. The type of lettering for all 12changeable copy signs shall be one (1) of the 13following: 1) plastic channel lettering; 2) plastic 14card type lettering; or 3) raised wood lettering. The 15manufacturing of such lettering shall be of typeset 16(machine printed) quality. No type of freehand 17lettering, chalk, or chalkboard surfaces are allowed, 18and electronic messaging centers are prohibited 19pursuant to Section 3.D above. 20 21The color of the lettering (and / or characters) within 22the changeable copy portion of the sign shall be 23similar and consistent with the lettering style of the 24main portion of the sign face. 25 26The maximum height of all letters, digits, and / or 27characters associated with a changeable copy sign 28shall be 10 inches, unless otherwise required by 29federal or state law. 30 i. Miscellaneous. 31Signs which are affixed to a 32perimeter wall or fence shall be regulated as follows: 33 34(1) Mixed-Use Development Identification Sign. 35 Signs, which are typically affixed to security 36or perimeter walls of a mixed-use development, are 37considered Mixed-Use Development Identification 38Signs and are regulated in accordance with Section 394.C.11 below. 40 41(2) Neighborhood Identification Sign. Signs, 42which are typically affixed to security or perimeter 43walls of a condominium project, residential 44development, or registered residential neighborhood, 45are considered Neighborhood Identification Signs 46and are regulated in accordance with Section 4.C.12 47below. November 9, 2010 25 SIGN STANDARDS 1 j. Community Design Standards. 2 See Section 35.C.3 below for additional community design standards 4regarding monument signs. 5 3.Directory Sign. 6 One (1) directory sign is allowed for 7each street frontage of a nonresidential development containing 8multiple tenants. The sign shall not exceed 18 square feet in area or 9be greater than six (6) feet in height, and must comply with the 10setbacks required for the principal building. Staff may support 11additional directory signs if justified accordingly. See Section 5.C.4 12below for additional community design standards regarding 13directory signs. 14 4.Directional Sign. 15 A maximum of four (4) directional 16signs, erected at points of ingress / egress are allowed within all 17planned and multi-family residential developments, and 18nonresidential developments. Each sign shall not exceed four (4) 19square feet in area or be greater than five (5) feet in height. Staff 20may support additional directional signs if justified accordingly. A 21directional sign may be allowed off-premises, provided that the 22following conditions are met: 23 a. Legal Cross-Access. 24 The establishment, 25organization, or residential development does not have 26frontage on an arterial or collector roadway but contains 27legal cross-access through private property (or from a 28private right-of-way) to an arterial or collector roadway; 29 b. Easements and Agreements. 30 Recorded sign 31easements and agreements between property owners and / or 32land holders for any proposed off-premise directional sign 33are submitted for City review and approval. 34 5. Menu Board Sign. 35 One (1) menu board sign is allowed in 36conjunction with a drive-through facility. Additional menu board 37signs may be allowed should circumstances warrant more than one 38(1) structure. The sign shall not exceed 25 square feet in area or be 39greater than six (6) feet in height. The sign, which indicates the 40products or services rendered and their corresponding prices, may 41be designed as a single-faced freestanding structure or affixed to a 42building façade. If placed on the façade of a building and oriented 43toward an abutting right-of-way, then it is considered a wall sign 44and shall count toward the aggregate wall signage area in 45accordance with Section 4.C.1 above. In all instances, all menu 46board signs shall be located as far from residential properties as 47possible and any audio devices oriented away from such properties November 9, 2010 26 SIGN STANDARDS 1to the maximum extent possible in order to reduce potential 2impacts. 3 6. Awning Valance Sign. 4 One (1) sign, located on the 5valance of an awning hung over each public entrance is allowed 6within multi-family residential (10 units or more) and nonresidential 7developments, provided the signage area does not exceed 80% of 8the valance area. An awning valance sign shall count toward the 9aggregate wall signage area in accordance with Section 4.C.1 10above. The sign shall not be internally-illuminated. See Section 115.C.5 below for additional community design standards regarding 12awning valance signs. 13 14See Chapter 4, Article III, Section 3.A.5 for additional design 15standards regarding awnings and canopies. 16 7. Covered Walkway / Arcade Sign. 17 One (1) sign, not to 18exceed three (3) square feet in area, is allowed for nonresidential 19uses within a multiple-tenant building that has a covered walkway 20or arcade on the first or upper floors. The sign shall be located in 21front of each public entrance and oriented perpendicular to the 22building façade. In all instances, the sign shall be hung with rigid 23mounting and all brackets and materials used must be decorative 24and compatible with the principal structure. The minimum 25overhead clearance over a walkway shall be nine (9) feet in height. 26 8. Blade Sign. 27 One (1) blade sign, not to exceed four (4) 28square feet in area, is allowed for nonresidential uses within a 29multiple-tenant building in accordance with an approved sign 30program. The sign shall be located on the wall of a building in front 31of each ground floor tenant space in close proximity to the public 32entrance and oriented perpendicular to the building façade. 33Additional signs are allowed if the tenant has multiple frontages and 34each frontage contains a public entrance. It shall be hung with rigid 35mounting and all brackets and materials used must be decorative 36and compatible with the principal structure. The minimum 37overhead clearance over a walkway shall be nine (9) feet in height. 38The projection of the blade sign shall not cause the sign to be taller 39than the existing building height or 16 feet, whichever is less. The 40sign and its support structure shall not extend more than three (3) 41feet from the wall. A blade sign may protrude into any required 42yard but it shall not extend outside the property line unless it 43protrudes into an abutting right-of-way and not onto private 44property. In this instance, the owner shall obtain all necessary 45permits where the blade sign protrudes beyond the property 46boundary and into a right-of-way. A blade sign shall not be 47internally-illuminated. November 9, 2010 27 SIGN STANDARDS 1 9. Window Sign. 2 This subsection is intended to regulate 3the allowable location, size, and appearance of permanent window 4signs. 5 a. Applicability. 6 Window signs are allowed in 7any nonresidential zoning district. For clarification, this 8includes any illuminated sign located inside a building 9within five (5) feet of a window or any sign attached to an 10interior display located within five (5) feet of a window, and 11each shall count toward the aggregate window signage area 12allowed on the nearest windowpane, which is regulated in 13accordance with Section 5.C below. 14 b. Exemptions. 15 Window signs are exempt from the 16permitting requirements of this article if designed in 17stenciled or vinyl lettering and affixed to a window. 18However, the maximum coverage allowed for all window 19signs shall comply with the community design standards of 20Section 5.C below. 21 c. Restrictions. 22 Window signs shall not be allowed 23for any residential use. In addition, window signs made of 24paper, cardboard, plywood, or the like shall be prohibited 25when affixed to the glass or displayed inside of the glass but 26not necessarily attached thereto, and which are visible from 27the outside. However, this does not prohibit the use neon 28tubing, bulbs, miniature lighting, CRT, LED, LCD, and 29similar technologies, or the use of die-cut vinyl or stencil 30lettering applied directly to the glass. 31 d. Community Design Standards. 32 See Section 335.C.6 below for additional community design standards 34regarding window signs. 35 e. Miscellaneous. 36 See Chapter 4, Article VII, 37Section 5.E for additional prohibitions regarding the use of 38neon, bare bulbs, and miniature lights that are intended to 39encircle or outline windows, doors, and other building 40elements. 41 10. Rear Door Business Identification Plaque. 42 One (1) 43business identification plaque is allowed on the rear door(s) of each 44establishment or organization within a building containing a 45nonresidential use. The sign shall not exceed three (3) square feet 46in area or be internally-illuminated. 47 November 9, 2010 28 SIGN STANDARDS 11. Mixed-Use Development Identification Sign. 1 A 2development located within a mixed use zoning district may erect a 3single-faced sign on each side of any entrance. One (1) double- 4faced sign may be erected in lieu of two (2) single-faced signs. 5However, where feasible, the sign shall be incorporated into project 6elements such as building facades, decorative or perimeter walls, or 7accent features such as fountain structures or the like. 8 a. Size. 9The maximum height and size of such sign(s) 10shall be regulated in accordance with Section 4.C.2 and 11Table 4-14 above. Circumstances such as project 12scale, traffic speed, ideal streetscape design and vision for 13the respective corridor, and compatibility with surrounding 14properties,may justify reductions in the maximum 15size allowed. 16 b. Setbacks. 17 The sign shall be setback a minimum 18of 10 feet, unless combined with other project elements as 19described above which may be subject to a lesser setback 20dimension. 21 22The sign and support structure may be allowed within a 23public or private right-of-way if adequate space does not 24exist on private property as determined by the City, and 25provided that it does not interfere with the maintenance of 26existing utilities. A sign proposed within a City maintained 27public right-of-way shall require approval from the 28Engineering Division and comply with the following: 29 30(1) No person shall begin to construct, 31reconstruct, repair, alter, or grade in or upon any 32area of public rights-of-way in the city without first 33obtaining a permit as provided for in Chapter 2, 34Article III, Section 4.B. 35 36(2) All traffic regulatory and warning signs shall 37comply with the Manual on Uniform Traffic Control 38Devices (MUTCD). 39 40(3) Where applicable, permits must be obtained 41from other agencies, including the State of Florida 42and / or Palm Beach County. 43 c. Cross Visibility and Safe-Sight 44. All signs shall 45comply with the cross visibility and safe-sight standards and 46regulations of Section 4.A.3 above and the Engineering 47Design Handbook and Construction Standards (EDHCS). November 9, 2010 29 SIGN STANDARDS 1 d. Illumination. 2 The sign shall not be internally- 3illuminated. 4 12. Neighborhood Identification Sign. 5 A condominium 6project, residential development, or registered residential 7neighborhood association may erect a single-faced sign on each side 8of any entrance. One (1) double-faced sign may be erected in lieu 9of two (2) single-faced signs. Where feasible however, the 10sign shall be incorporated into project elements such as building 11facades, decorative or perimeter walls, or accent features such as 12fountain structures or the like. 13 a. Size. 14 The maximum height and size of such sign(s) 15shall be regulated in accordance with Section 4.C.2 and 16Table 4-14 above. Circumstances, such as compatibility 17with surrounding properties, speed limits, and project scale 18may justify reductions in the maximum size of each sign. 19 b. Setbacks. 20 The sign shall be setback a minimum 21of 10 feet, unless combined with other project elements as 22described above which may be subject to a lesser setback 23dimension. 24 25The sign and support structure may be allowed within a 26public or private right-of-way if adequate space does not 27exist on private property as determined by the City, and 28provided that it does not interfere with the maintenance of 29existing utilities. A sign proposed within a City maintained 30public right-of-way shall require approval from the 31Department of Public Works and comply with the 32following: 33 34(1) No person shall begin to construct, 35reconstruct, repair, alter, or grade in or upon any 36area of public rights-of-way in the city without first 37obtaining a permit as provided for in Chapter 2, 38Article III, Section 4.B. 39 40(2) All traffic regulatory and warning signs shall 41comply with the Manual on Uniform Traffic Control 42Devices (MUTCD). 43 44(3) Where applicable, permits must be obtained 45from other agencies, including the State of Florida 46and / or Palm Beach County. 47 November 9, 2010 30 SIGN STANDARDS c. Cross Visibility and Safe-Sight. 1 All signs shall 2comply with the cross visibility and safe-sight standards and 3regulations of Section 4.A.3 above and the Engineering 4Design Handbook and Construction Standards (EDHCS). 5 d. Illumination. 6 The sign shall not be internally- 7illuminated. 8 13.Nameplate or Identification Plaque. 9 One (1) 10nameplate or identification plaque with noncommercial copy is 11allowed in all zoning districts, provided that it does not exceed two 12(2) square feet in area. This sign typically indicates the name of 13occupants residing on the premises but also may be used to identify 14buildings and / or structures of cultural or historical significance, 15and is not intended to be an alternate method of advertising for a 16nonresidential establishment or organization. It may also include 17signage associated with a live / work unit in conjunction with an 18applicable sign program. The nameplate or identification plaque 19shall not be internally-illuminated. 20 21Note: In the event any word, sentence, clause, or other portion of 22this section is determined invalid, then any sign otherwise allowed 23by this section shall comply with the requirements set forth in this 24code as if this section was never enacted. 25 D. Special Signs. 26 The following special signs shall be allowed 27in accordance with the following provisions: 28 1. Civic and Not-for-Profit Directional Sign. 29 For the 30purposes of providing a convenience and benefit for the traveling 31public, a maximum of two (2) off-premise signs are allowed for a 32civic and fraternal organization,church, or recreation facility. 33Each sign, which shall not exceed 12 inches by 18 inches, may be 34affixed to a post or other approved structure at intersections of 35public rights-of-way, and at a maximum of one (1) sign per 36organization or facility at any given intersection. A maximum of 37three (3) different civic and not-for-profit directional signs are 38allowed per post or supporting structure. 39 40All signs and posts shall be reviewed by the City Engineer where 41proposed within City maintained public rights-of-way. In all 42instances, the applicant shall bear the cost to construct the sign in 43accordance with City specifications. The City will provide the post 44and install the sign at a fee set by the City, which shall be paid for 45by the applicant. The City shall maintain the sign for safety 46purposes only and may remove it at no expense to the applicant November 9, 2010 31 SIGN STANDARDS 1should it become illegible or unsafe. The signs shall not be 2illuminated. 3 2. Transit Shelter Sign. 4 Signs on city transit stop shelters may 5be allowed when authorized by written agreement approved by 6action of the City Commission pursuant to the provisions of Florida 7Statutes. When so authorized by the City Commission, the 8following standards shall apply: 9 a. Location. 10 Signs placed on city transit stop shelters 11shall only be allowed at city transit stops designated or 12approved by the City. A transit shelter, proposed on private 13property or within the right-of-way, shall be located and 14designed in accordance with Chapter 4, Article III, Section 153.F.1. 16 b. Number. 17 Not more than one (1) bus shelter or 18associated structure or equipment displaying signage or 19intended for the display of signage shall be allowed 20permitted at a city transit stop. 21 c.Elevation. 22 Display space on bus shelters shall be 23limited in location and size to the side or rear wind screen 24panels. 25 d. Exemption. 26 Pursuant to Section 1.E.6 above, a 27bus shelter sign shall be exempt from the permitting 28requirements of this article, provided the Building Official 29determines that compliance with the Florida Building Code 30is not required. 31 3. Newracks. 32 Newsracks shall have no signage or 33advertising except for that which is allowed in accordance with Part 34II Code of Ordinances, Chapter 15, Article VI. 35 36 4.Murals. 37 38 a.Purpose. 39 Murals, as defined in Chapter 1, 40Article II, are intended to improve the value and aesthetic 41appearance of the City, contribute to community identity 42and redevelopment, foster cultural identity and preserve 43history, and may be used to enhance blank walls that are 44visible to the public, all the while respecting community 45standards relative to decency and obscenity. 46 November 9, 2010 32 SIGN STANDARDS b.Standards. 1 Murals shall be applied in accordance 2with the following design criteria: 3 4(1) Murals shall be applied utilizing weather 5resistant paint or materials; 6 72)Murals shall not contain any obscene, 8indecent, or immoral content; 9 10(3)Murals shall not be designed as to constitute 11or create a traffic hazard; and 12 13(4) Murals shall only be allowed on building 14facades. 15 c.Review Process. 16 Any new mural or any 17modification to an existing mural shall require site plan 18review (Chapter 2, Article II, Section 2.F). In addition, the 19Arts Commission shall review each new mural or 20modification to an existing mural to ensure the enhancement 21of the City’s aesthetic, historic, cultural, and economic 22value, and the preservation and protection of works of art. 23 24Note: In the event any word, sentence, clause, or other 25portion of this section is determined invalid, then any sign 26otherwise allowed by this section shall comply with the 27requirements set forth in this code as if this section was 28never enacted. 29 Section 5. Community Design. 30 31 A. General. 32 33 1. Purpose and Intent. 34 The aesthetic quality of a building or 35an entire neighborhood is materially, a factor of the level of visual 36harmony between signs, support structures, project architecture, and 37adjacent surroundings. In addition to the mechanical limitations on 38signs imposed by this section, there are certain aesthetic 39considerations that must be met, and therefore signs are subject to 40review by the Planning & Development Board and City 41Commission, when required. 42 2. Administration. 43 The Director of Planning and Zoning 44or designee shall have the authority to coordinate, interpret, and 45administer this section. 46 November 9, 2010 33 SIGN STANDARDS 3. Applicability. 1 The provisions of this section shall 2apply to all new signs, excluding single-family and duplex dwelling 3units within Single-family or Two-family Residential zoning 4districts. 5 4. Relief from Standards. 6 Any deviation from these 7community design standards shall require approval of a Community 8Design Plan Appeal (CDPA) application, which is subject to review 9and approval by the City Commission. A request for a CDPA shall 10be reviewed in accordance with Chapter 2, Article II, Section 4.B. 11 B. Community Design Standards for All Signs. 12 13 1. Compatibility. 14Signs shall be designed and treated as 15part of the architecture of buildings and structures. Freestanding 16signs and other site signs shall be compatible with and contain the 17same architectural elements and repeating features that are used on 18buildings throughout the development. All signage, including its 19color and scale, shall be compatible with the architecture of the 20building or structure on which it is affixed or attached. The overall 21effect of the lettering, configuration, or color of a sign shall not be 22too bright, garish, gaudy, showy, glaring, and / or cheaply brilliant 23or involving excessive ornamentation. Garish signs are not in 24harmony with and are not compatible with the building or adjacent 25surroundings. 26 2. Color. 27 Sign colors and supporting structures and / or 28materials shall be complementary to the colors of the development. 29Excessive use of large areas of several colors can create competition 30for the eye and significantly reduce readability. All signs, including 31those associated with nationally registered tenants and those within 32a sign program, shall be limited to a maximum of four (4) different 33colors for the entire development, inclusive of black and white. In 34addition, the background color of a wall sign shall be considered a 35sign color and count towards the aggregate number of colors 36allowed on a sign. This restriction also includes the background 37color of any “cabinet-style” sign. However, in all instances, colors 38of registered logos and icons shall be excluded from this limitation. 39 3.Letter Size. 40 Sign lettering shall be easy to read and in 41scale with the building or tenant space on which it is located. The 42sign copy shall be designed and based, in part, on the average 43distance and average travel speed of the viewer. Sign messages 44oriented towards pedestrians may be smaller than those oriented 45towards automobile drivers. A sign message shall be easily 46recognized and designed in an uncrowded, clear, unambiguous, and 47concise manner, so that a viewer can perceives what appears on the November 9, 2010 34 SIGN STANDARDS 1sign. In order to maximize readability and legibility, it is 2discouraged to advertise on a wall or freestanding sign, in an 3excessive manner, the phone or fax number, email address, or a 4particular project or service, in conjunction with the name of the 5establishment or organization. 6 4. Letter Style. 7The number of different lettering styles on 8tenant signage on multiple tenant buildings and their outbuildings 9and outparcels shall be limited to one (1) in addition to the lettering 10styles of the nationally registered copy of all tenants located within 11the building and its outbuildings and outparcels. 12 C. Community Design Standards for Specific Types of Signs. 13 14 1. Graphics on Fences and Barriers around Construction 15 Sites. 16 At construction sites, signs and graphics are allowed on 17temporary security and safety fencing or other types of barriers that 18are required and approved by the Building Official. The temporary 19fencing may contain screening material enhanced with graphics, 20images, pictorals, wraps, windscreens, digital prints, photographs, 21or a combination thereof, provided that such enhancements are not 22intended to be an alternate method of advertising other than 23identifying the name of the development, and does not create a 24diversion or distraction to passing motorists (also see Chapter 3, 25Article V, Section 2.F). See Section 5.D below for additional 26community design standards regarding the maximum allowable size 27of logos and icon proposed on signs on fences and barriers around 28construction sites. 29 2. Wall Sign (Affixed to Building). 30 31 a. Scale. 32Signage on buildings shall be anticipated 33during the site plan approval process in order to incorporate 34them properly into project architecture. Signs shall be 35accommodated on the façade to prevent them from 36conflicting and / or overcrowding with a building’s 37architectural features and enhancements. 38 b. Type of Sign. 39 A single sign style (such as cabinet, 40channel, reverse channel) shall be used for wall signage on 41all buildings on a site. Channel and reverse channel letter 42style are preferred in lieu of cabinet signs. 43 c. Scale. 44 A wall sign (and corresponding sign band) 45shall be in scale with the building, as well as with signs on 46the same building and buildings and structures on adjacent 47properties. Signs consisting of multiple words may be November 9, 2010 35 SIGN STANDARDS 1stacked (in rows) to maintain the appearance as a single sign 2(and sign band), but the sign band of a stacked sign shall be 3in scale with the sign band of non-stacked signs, except in 4those instances where a building façade has been 5intentionally designed or modified to accommodate a larger 6size sign band for a nationally registered anchor tenant 7(within multi-tenant developments). However, in no case 8shall any sign exceed the size limitations as provided for in 9other sections of this article. 10 d. Signs on Rear Facades 11. The maximum area of 12wall signs shall be based on the standards specified in 13Section 4.C.1 above. However, the maximum size may be 14increased by 10% to allow for additional signage on rear 15facades of buildings within nonresidential and mixed-use 16developments. Factors to justify additional signage include 17but are not limited to the 1) visibility of rear facades from 18rights-of-way; 2) existence of off-street parking and other 19vehicular use areas; 3) building orientation and site design; 20and 4) pedestrian access and connectivity. 21 e. Logos and Icons. 22 See Section 5.D. below for 23additional community design standards regarding the 24maximum allowable size of logos and icons when proposed 25in wall signs. 26 3. Monument Sign. 27 The base of all freestanding signs 28shall have landscape material installed in accordance with Chapter 294, Article II, Section 6.I. See Section 5.D below for additional 30community design standards regarding the maximum allowable size 31of logos and icon proposed on monument signs. 32 4. Directory Sign. 33 To ensure the safety of vehicular 34traffic on the City’s rights-of-way and to further the legibility 35requirements of this section, the monument sign for a project shall 36not be designed to resemble a directory sign, with the inclusion of 37numerous tenant names in small font. Directory signs are the 38preferred method of advertising multiple listings or tenants, and are 39accommodated by these regulations. Such directory signs are 40located internal to a site to avoid confusing a motorist and causing a 41traffic hazard on the abutting roadway. See Section 5.D below for 42additional community design standards regarding the maximum 43allowable size of logos and icon proposed on directory signs. 44 5. Awning Valance Sign. 45The letters and characters 46within the sign shall be no greater than six (6) inches in height. See 47Section 5.D below for additional community design standards November 9, 2010 36 SIGN STANDARDS 1regarding the maximum allowable size of logos and icon proposed 2on awning valance signs. 3 6. Window Sign. 4 The intent of this subsection is to 5encourage the use of window signs to promote a traditional “main 6street” appearance in storefronts, particularly for business 7establishments that are an integral component of a pedestrian- 8friendly streetscape environment. The design of window signs, 9including font, point size, and layout should be tasteful, nostalgic, 10and comply with the following standards: 11 a. Location. 12 Signs are allowed on windows that 13are located on the ground (first) floor and where such 14windows are visible from pedestrian walkways. 15 b. Size. 16 On the entrance door or window located 17closest to the public entrance / exit door, the size of the sign 18shall not exceed 20% of the window area, unless an 19internally-illuminated sign is proposed, in which case, it 20may not exceed three (3) square feet in area. For 21clarification, if two (2) windowpanes are located on each 22side of a public entrance, only one (1) shall be allowed to 23have the maximum 20% coverage. For all other windows, 24the size of the sign shall not exceed three (3) square feet in 25area, regardless of the location or sign type. 26 c. Logos and Icons 27. See Section 5.D. below for 28additional community design standards regarding the 29maximum allowable size of logos and icons when proposed 30in window signs. 31 32 33 D. Community Design Standards for Logos and Icons. 34 35 1. General. 36 Logos, trademarks, insignias, emblems, and 37other non-word depictions shall be considered signage. 38 November 9, 2010 37 SIGN STANDARDS 2. Maximum Percentage and Size (Table 4-15). 1 The maximum 2size of each non-word depiction (i.e. logos, graphic icons, illustrations, etc) 3of a sign shall not exceed 20% of the sign erected, except for as follows: 4 Maximum Percentage of Type of Sign Sign Erected Wall 20% 1 100% Monument Directory 20% 100% Directional 100% 2 Awning Valance Covered Walkway / Arcade 100% Blade 100% Window 20% 3 Rear Door ID 100% Any other type of other lawful 20% sign 5 6 1 If greater than 20% of the sign erected, the non-word depiction shall not 7 exceed nine (9) square feet. Only one (1) logo or icon is allowed per building 8 elevation (per tenant). 9 10 2 The non-word depiction shall not exceed six (6) inches in height. 11 12 3 If greater than 20% of the sign erected, the non-word depiction shall not 13 exceed three (3) square feet. 14 Section 6. Sign Program 15 . 16 A. General. 17 18 1. Purpose and Intent. 19The purpose of this section is 20to create a comprehensive set of design standards applicable to all 21signage within a multi-tenant development. The intent is to 22promote uniformity and compatibility between multiple signs 23(within a single development) and with project architecture, in order 24to maximize the aesthetic character and overall quality of the 25development. 26 2.Applicability. 27A sign program shall be required for 28all sign types within nonresidential and mixed-use developments 29containing multiple tenants. The sign program shall be processed in 30accordance with site plan review. The sign program shall regulate 31every type of permanent sign proposed within the development. November 9, 2010 38 SIGN STANDARDS 1 3. Permits Required. 2 No permit shall be issued for an 3individual sign within a development containing multiple tenants, 4unless the sign conforms to the approved sign program. If a sign 5program has not yet been approved, the proposed sign shall 6incorporate the desired design features and characteristics of the 7majority of signs within the development. 8 4. Relief from Standards. 9Any deviation from the 10requirements of this section shall require the submittal of a 11Community Design Plan Appeal (CDPA), which is subject to 12review and approval by the City Commission. A request for a 13CDPA shall be reviewed in accordance with Chapter 2, Article II, 14Section 4.B. 15 B. Standards. 16 The sign program shall consist of a set of standards, 17including but not limited to the sizes, number, locations, materials, lettering 18(size and font), and colors to be used within the development. All aspects 19of the sign program shall be in compliance with the requirements of this 20article. 21 C. Review Process. 22 A new or proposed modification to an 23existing sign program shall be reviewed in accordance with Chapter 2, 24Article II, Section 2.E. 25 Section 7. Nonconforming Signs. 26 27 A. General. 28 A sign, which does not conform to the requirements 29of this article, shall be deemed nonconforming. A nonconforming 30sign cannot be modified (excluding re-lettering or change of copy)unless 31the modification brings the sign into compliance with all sections of this 32article. 33 B. Repair or Removal. 34Any nonconforming sign and corresponding 35support structure that is damaged or otherwise in need of repair, to such an 36extent that the cost of repairing the sign equals 50% or more of the original 37cost of the sign, then its classification as a “nonconforming” sign under this 38section shall be automatically revoked and either repairs be made so that 39such sign shall meet all the requirements of this article or said sign shall be 40removed from the property. Furthermore, any nonconforming sign and 41corresponding support structure shall be removed by the owner, agent, or 42person having beneficial use of the building, structure, or premises, where 43such sign may be found if a bona fide establishment, organization, or 44residential development ceases its operation or occupancy for more than six 45(6) consecutive months. 46 November 9, 2010 39 SIGN STANDARDS C.Annexation of Nonconforming Freestanding Signs. 1 2 1. Billboard. 3Any property located in unincorporated Palm 4Beach County, which is considered for annexation into the City, 5shall have its billboard sign removed prior to annexation, unless 6otherwise approved by the City Commission. In such instances, the 7City Commission may grant an extension to the time period allowd 8for removing the billboard sign. 9 2. Monument, Pylon, and Pole Sign. 10 Any freestanding 11monument, pylon, pole, or similar type of sign located on a property 12that is proposed to be annexed into the City shall comply with all 13provisions of this article within six (6) months following the date of 14such annexation. Any signs subject to this requirement shall be 15documented by the City in any applicable ordinance, development 16order, or annexation agreement. 17 Section 8. Abandoned Signs. 18 19 20When an establishment, organization, or service is discontinued, all signs relating 21to such establishment, organization, or service shall be removed within six (6) 22months from the date of discontinuance. The sign structure may remain in place if 23the sign text is not visible, provided the sign text is covered with an approved 24durable material. Failure to so remove such a sign shall subject the sign to removal 25and disposition pursuant to the provisions of this article. 26 Section 9. Penalties. 27 28 29The City or any other legal authority shall enforce any violation of this article 30pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of 31these Land Development Regulations. 32 33ARTICLE I. IN GENERAL 34Section 1. Short title. 35 This chapter shall hereafter be known and cited as “The Boynton Beach Sign Ordinance.” 36 37(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 38 39Section 2. Definitions. 40 Sign. Includes any letter, figure, character, mark, plane, point, marquee sign, design, poster, 41pictorial, picture, banner, stroke, stripe, line, trademark or reading material which shall be 42constructed, placed, attached, painted, erected, fastened, manufactured or displayed in any manner 43whatsoever for the purpose of informing of or advertising about the nature, type or quality of 44goods, services or activities available; or to advertise the name of any firm, corporation business or 45any other enterprise, or its nature, type or quality of goods, services or activities; or to attract to or 46identify any of the aforementioned or by its nature, act to draw attention to a business. Every sign 47shall be classified and shall conform to the requirements set forth in this chapter. November 9, 2010 40 SIGN STANDARDS 1 2(Ord. No. 01-50, § 3, 12-4-01) 3 4Section 3. Purpose. 5 The purpose of this article is to create the framework for a comprehensive and balanced system 6of sign control. It recognizes the need for a well maintained and attractive appearance in a 7community and the need for adequate commercial and non-commercial site identification, 8advertising and communication. It is the intent of this chapter to promote the health, safety, 9convenience, aesthetics and general welfare by controlling signs which are intended to 10communicate to the public and to authorize the use of signs which are: 11 12 A. Compatible with their surroundings. 13 14 B. Designed, constructed, installed and maintained in such a manner that they do not 15endanger public safety nor contribute to vehicular visual distraction. 16 17 C. Efficient in transfer of information. 18 19 D. Aesthetically pleasing, and do not cause a visual distraction to pedestrians. 20 21 E. A safeguard and an enhancement to property values within the community. 22 23 F. Designed to preserve the beauty and unique character of the city. 24 25 Any sign containing noncommercial copy shall be deemed an on-premises sign, and any sign 26authorized in this chapter is allowed to contain noncommercial copy in lieu of any other copy. 27 28(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 29 30Section 4. Penalties; enforcement. 31 Any person violating any of the provisions of this chapter shall be deemed guilty of a 32misdemeanor and upon conviction thereof shall be subject to a fine not exceeding five hundred 33($500) dollars. Each day such violation is committed or permitted to continue shall constitute a 34separate offense and shall be punishable as such hereunder. 35 36 Enforcement of this chapter may also be secured through the Code Enforcement hearing process 37under Chapter 2, Article V of the Boynton Beach Code of Ordinances. 38 39(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 40 41Section 5. Permitting. 42 Except as provided in Article II, Section 2 it shall be unlawful for any person to erect, repair, 43alter, or relocate within the city any sign and the structure supporting the sign as defined in this 44chapter, without first obtaining a permit from the Boynton Beach Development Department and 45making payment of the fee required. All illuminated signs shall, in addition, be subject to the 46provisions of the National Electrical Code. 47 November 9, 2010 41 SIGN STANDARDS 1 Signs and structures supporting signs previously erected without a valid permit shall be in 2violation of this chapter and shall be deemed illegal signs. It shall be mandatory to obtain a permit 3for an illegal sign, or to immediately remove such sign and the structure supporting such sign upon 4notice that the sign or structure supporting the sign is illegal. The notice shall contain a time 5period for removal. 6 7(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 8 9Section 6. Application. 10 Application for permits shall be made upon blanks provided by the development department 11and shall contain or have attached thereto the following information: 12 13 A. Name, address and telephone number of the applicant; 14 15 B. Location of building, structure or lot to which, or upon which, the sign and the structure 16supporting the sign is to be attached or erected; 17 18 C. Position of the sign and the structure supporting the sign in relation to nearby building, 19structures and property lines; 20 21 D. Two (2) copies of the plans and specifications and method of construction and attachment 22to the building or in the ground. Plans must include all proposed sign colors; 23 24 E. Documents showing that the structure supporting the sign is designed for dead load and 25wind load in any direction in an amount consistent with the requirements contained in the Standard 26Building Code and as required by this and all other laws and ordinances of the city. The seal of a 27Florida registered engineer or architect shall be affixed to drawings of the sign and/or structure 28supporting the sign which have an area exceeding thirty-two (32) square feet and/or exceeding ten 29(10) feet in height, certifying that such signs are designed to meet the required loading. In cases 30when required by the director of development, signs shall show calculations for wind loading; 31 32 F. Name of person, firm, corporation or association erecting the sign and the structure 33supporting the sign; 34 35 G. Written consent of the owner of the building, structure or land to which or on which the 36sign and the structure supporting the sign is to be erected; 37 38 H. The type of sign and structure supporting the sign as defined by this chapter; 39 40 I. The estimated value of the sign and/or the structure supporting the sign; 41 42 J. All electrical details required to determine code compliance for the sign and the structure 43supporting the sign; and 44 45 K. All such other information as the development department shall require to demonstrate 46compliance with this and all other laws and ordinances of the city. 47 November 9, 2010 42 SIGN STANDARDS 1(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 2 3Section 7. Permit issuance. 4 The development department shall examine plans and specifications and other data and the 5premises upon which it is proposed to erect the sign and the structure supporting the sign, and if it 6appears that the sign and structure is in compliance with all the requirements of this chapter and all 7other laws and ordinances of the city, the department shall issue a sign permit. All permits are 8subject to the requirements contained in the latest adopted Countywide Administrative section of 9the Standard Building Code. 10 11(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 12 13Section 8. Permit fee. 14 Every applicant, before being granted a permit hereunder, shall pay a fee to the development 15department prior to permit review or issuance. 16 17 Any sign or structure supporting a sign which erected or is in the process of being erected 18without a permit is subject to a total permit fee of four (4) times the normal permit fee. 19 20(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 21 22Section 9. Annual inspection. 23 The city may inspect at any time each sign or structure supporting a sign regulated by this 24chapter for the purpose of ascertaining whether the same is unsafe, in need of repair or 25maintenance, not in conformance with the permit application or otherwise in violation of the 26provisions of this chapter. 27 28(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 29 30Section 10. Revocation of permit. 31 The development department is authorized and empowered to revoke any permit issued if there 32has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit 33application and specified in the latest adopted Countywide Administrative Section of the Standard 34Building Code. 35 36(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 37 38Section 11. Unsafe and unlawful signs. 39 If it is determined that any sign, or structure supporting a sign, regulated herein is unsafe or 40insecure, or is a menace to the public, or has been constructed or erected or is being maintained in 41violation of the provisions of this ordinance, the appropriate City Official shall give written notice 42to the owner thereof. If the owner fails to remove or alter the sign or structure so as to comply with 43the standards herein set forth within the time prescribed in the notice, such sign or structure may be 44removed or altered to comply by the city at the expense of the permittee or owner of the property 45upon which the sign or structure supporting the sign is located. The development department shall 46not issue a permit to any permittee or owner who refuses to pay costs so assessed. The director of November 9, 2010 43 SIGN STANDARDS 1development may cause any sign or structure supporting a sign which presents an immediate peril 2to persons or property to be removed without notice. 3 4(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 5 6Section 12. Permit number posting. 7 Every sign or structure supporting a sign hereafter erected shall have placed in a conspicuous 8place thereon, the permit number of the sign. 9 10(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 11 12Section 13. Maintenance. 13 The owner of any sign and structure supporting a sign, as defined and regulated by this chapter, 14shall be required to properly maintain said sign and structure. For a sign to be properly 15maintained, the sign, together with its framework, braces, angles or other supports shall be in a safe 16condition, properly secured, supported and braced and shall be able to withstand weather 17conditions and loads as required by the regulatory codes in effect within the municipal limits. 18Maintenance shall include painting and parts replacement. 19 20(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 21 22Section 14. Licensing, competency of contractors. 23 A person shall not engage in the business of erecting, painting, wiring or maintaining signs 24within the city without first having procured a business tax receipt for such business from both the 25city and the county. The following qualifications shall govern the categories of sign work: 26 27 A. Sign contractor, electrical. Those who are qualified and licensed to install, repair, alter, 28add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical 29signs and who are also qualified to erect signs.Such contractor may connect to any existing sign 30circuit and may contract and secure permits for the erection of electrical signs or sign structures. 31 32 B. Sign contractor, non-electrical. Those who are qualified and licensed to install, repair, add 33to, paint or change non-electrical signs, according to the Standard Building Code and who may 34secure permits for the erection of electrical signs or sign structures (but must sublet the electrical 35work unless an electrical contractor is associated with the firm). 36 37 C. Owners, lessees. Notwithstanding either of the above classifications, nothing herein 38contained in this section shall be construed to prevent an owner or lessee of property from 39constructing and erecting a non-illuminating sign or sign structure, not exceeding thirty-two (32) 40square feet in area and/or six (6) feet in height, on said property. Such work shall be erected in a 41professional manner and shall comply with all other sections of this chapter. 42 43(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01; Ord. No. 06-096, § 2, 1-2-07) 44 45Section 15. Wind pressure and dead load requirements. 46 All signs and other advertising structures shall be designed and constructed to withstand wind 47and dead loads as required by the Standard Building Code or other ordinances of the city. November 9, 2010 44 SIGN STANDARDS 1 2(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 3 4Section 16. Removal of abandoned signs. 5 Any sign, or structure supporting a sign, now or hereafter existing which no longer advertises a 6bona fide business conducted or a product sold shall be taken down and removed by the owner, 7agent or person having the beneficial use of the building or structure upon which such sign may be 8found, within ten (10) days after the business use ceases. 9 10(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 11 12ARTICLE II. VARIANCES/EXEMPTIONS AND PROHIBITIONS 13Section 1. Variances. 14 After denial of a sign permit by the development department, a request for variance may be filed 15with the City Commission pursuant to Chapter 1, Article VII, Section 1.D.2., of these regulations. 16The City Commission may grant a variance if it finds that the unusual shape or topography of the 17property in question prevents signage allowable under the provisions of this ordinance from 18adequately identifying the business or other activity located on such property. The City 19Commission may only grant a variance to: 20 21 A. Allow a setback less than that required under the chapter; 22 23 B. Allow the area and/or height of a sign to be increased by up to twenty-five (25) percent of 24the maximum allowable height or area; or 25 26 C. Allow the number of signs to be increased over the maximum allowed by this code. 27 28 No variances may be granted to signs expressly prohibited by this chapter. 29 30(Ord. No. 96-61, § 1, 1-21-97; Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01; Ord. No. 3102-033, § 4, 8-20-02) 32 33Section 2. Exemptions. 34 The permit requirements of this chapter shall not apply to the following signs, provided 35however, that said signs shall be subject to other provisions of this code: 36 37 A. Real estate signs not exceeding five (5) square feet in area which advertise the sale, rental 38or lease of the premises upon which such signs are located. These signs must be set back ten (10) 39feet from the property line, meet the structural requirements and must not exceed four (4) feet in 40height. Only one (1) such sign is allowed per street frontage. 41 42 B. A single residential yard sign, not exceeding three (3) square feet in area. 43 44 C. Window/door signs using less than twenty (20) percent of the total glass area facing in any 45one direction. This area is not included in the total sign area allowed under this chapter. These 46signs are not permitted in residential zoning districts. 47 November 9, 2010 45 SIGN STANDARDS 1 D. Political signs. These signs must comply with Article III, Section 6.D of this Chapter. 2 3 E. Traffic or other governmental signs, legal notices, railroad crossing signs, danger signs and 4such temporary, emergency or non-advertising signs as may be approved by the city. 5 6 F. Signs indicating the address and/or name of the residential occupants of the premises, not 7exceeding two (2) square feet in area. 8 9 G. Bus shelter signs. 10 11(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 12 13Section 3. Prohibitions. 14 The following signs and related equipment are prohibited in all districts: 15 16 A. Any sign and/or sign structure which does not meet all the criteria set forth in this chapter. 17 18 B. Animated/fluttering signs 19 20 C. Balloons 21 22 D. Bus bench signs 23 24 E. Festoons 25 26 F. Flashing signs 27 28 G. Roof signs 29 30 H. Rotating signs 31 32 I. Signs that swing 33 34 J. Sidewalk signs (sandwich/"A" frame) 35 36 K. Portable signs 37 38 L. Signs that obstruct free ingress to or egress from a door, window, fire escape or other 39required exit or entrance. 40 41 M. Snipe signs or signs attached to or painted on fire escapes, television antennas, satellite 42dishes, utility poles or any other associated structure. 43 44 O. Signs which emit odors, sounds, smoke, vapor or other visible matter. 45 46 P. Signs or sign structures supported by visible guy wires, cables or where there is visible 47electrical conduit. November 9, 2010 46 SIGN STANDARDS 1 2 Q. Unauthorized signs on property owned by or under control of the City of Boynton Beach. 3 4 R. Banners unless approved pursuant to this chapter. 5 6 S. Off premises signs, except those permitted under Chapter 21, Article III, Section 6 (Special 7Signs) or Chapter 22, Article II, Section 7, Paragraph O (Neighborhood Identification Signs). 8 9 T. Electrical or illuminated signs in residential zoning districts, except that in a development 10where models are being demonstrated, an illuminated sign, meeting the other requirements of this 11chapter, may be used provided no illumination is shown between the hours of 9:00 p.m. and 7:00 12a.m. the following day. 13 14 U. Billboards. 15 16 V. Non-geometric signs shaped to depict figures or demonstrative shapes used to attract 17attention to the business activity with which the sign is associated. 18 19 W. Painted wall signs. 20 21 X. Pylon signs. 22 23(Ord. No. 96-61, § 2, 1-21-97; Ord. 98-01, § 3, 1-20-98; Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01- 2450, § 3, 12-4-01; Ord. No. 03-062, § 3, 12-16-03) 25 26ARTICLE III. SPECIAL CONDITIONS 27Section 1. Traffic hazards. 28 No sign or structure supporting a sign regulated by this chapter shall be erected at the 29intersection of any streets in such a manner as to obstruct free and clear vision; or at any location 30where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be 31confused with any authorized traffic sign, signal or device. 32 33(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 34 35Section 2. Obscene matter/misleading advertising. 36 It shall be unlawful for any person to display upon any sign or other advertising structure any 37obscene or indecent matter. 38 39 It shall be unlawful for a person to display false or misleading statements upon signs, calculated 40to mislead the public as to anything sold, any services to be performed or information 41disseminated. The fact that any sign or display shall contain words or language sufficient to 42mislead a reasonable and prudent person in reading same, shall be prima facie evidence of a 43violation of this section by the person displaying the sign or permitting same to be displayed. 44 45(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 46 47Section 3. Aesthetics. November 9, 2010 47 SIGN STANDARDS 1 The aesthetic quality of a building or an entire neighborhood is materially affected by achieving 2visual harmony of the signs on or about a structure supporting a sign as it relates to the architecture 3of the building or the adjacent surroundings. In addition to the mechanical limitations on signs 4imposed by this section, there are certain aesthetic considerations which must be met and are 5therefore subject to review by the Planning and Development Board when required. 6 7 A. The scale of the sign must be consistent with the scale of the building on which it is to be 8placed or painted and the neighborhood in which it is located. However, in no case shall it exceed 9the size provided for in other sections of this chapter. 10 11 B. The overall effect of the configuration or coloring of the sign shall be consistent with the 12Community Design Guidelines. The configuration and colors shall be complementary with other 13signs already on the building and on adjacent properties. 14 15 All freestanding signs shall be landscaped in an attractive manner, appropriate to the specific 16location, with a minimum dimension of the landscaped area not less than two (2) feet. 17Landscaping shall be protected from vehicular encroachment. 18 19(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 20 21Section 4.Interpretation. 22 Where a question arises regarding the interpretation of this chapter, the most restrictive 23interpretation shall prevail. 24 25 Interpretations of this chapter shall be made by the director of development or designee. 26 27(Ord. No. 00-78,§ 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 28 29Section 5. Setbacks. 30 All signs must meet a minimum ten (10) foot setback measured from the property line to the 31closest surface of the sign. Where a building is closer than ten (10) feet from a property line, a 32freestanding sign can have its leading edge one half way between the property line and the 33building. Wall signs can be on the building surface. 34 35 When an accessway intersects a public right-of-way or when the subject property abuts the 36intersection of two (2) or more public rights-of-way, all signage within the triangular areas 37described below shall provide unobstructed cross-visibility at a level between thirty (30) inches 38and six (6) feet. The triangular areas above referred to are: 39 40 A. The areas of property on both sides of an accessway formed by the intersection of each 41side of the accessway and the public right-of-way line with two (2) sides of each triangle being ten 42(10) feet in length (or more when determined to be necessary by the development department), 43from the point of intersection and the third side being a line connecting the end of the other two (2) 44sides. 45 46 B. The area of property located at a corner formed by the intersection of two (2) or more 47public or private rights-of-way, with two (2) sides of the triangular area being thirty-five (35) feet November 9, 2010 48 SIGN STANDARDS 1in length along the abutting public right-of-way lines, measured from their point of intersection and 2the third side being a line connecting the ends of the other two (2) lines. 3 4(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 5 6Section 6. Special signs. 7 A. Temporary project development signs. Large areas under development shall be permitted 8two (2) signs not to exceed a combined aggregate area of two hundred fifty (250) square feet. Said 9signs shall be located in accordance with the requirements contained in this chapter relating to the 10specific zoned area. Permits for said signs shall be limited to the time the development is 11completed, terminated or abandoned. The permits for such signs will not be issued prior to the date 12upon which an application for a permit for the related building construction or site development is 13filed. These signs must be removed within one hundred twenty (120) days after the permit is 14issued, if construction has not commenced, or if such construction is substantially abandoned for 15ninety (90) days, as evidenced by a lack of inspections and/or other pertinent conditions. Signs 16must be removed when the final building inspection is called for. 17 18 B. Temporary construction signs. One (1) non-illuminated sign may be permitted to be 19erected on the premises or attached to a tool house on the premises subject to the following 20conditions: 21 22 1. Such sign shall not exceed thirty-two (32) square feet in area. 23 24 2. Such sign shall not be erected prior to the issuance of a building permit and must be 25removed when the building or project is completed; provided, however, if such sign is erected as 26permitted hereunder and construction is not commenced within one hundred eighty (180) days after 27permit is issued, or if such construction is substantially abandoned for one hundred eight (180) 28days as evidenced by a lack of successful inspections and/or other pertinent conditions, such sign 29shall be immediately removed by the owner or lessee of the premises. 30 31 3. Such sign shall be located on the premises being developed in accordance with the 32requirements of this Code relating to the specific zone areas. 33 34 C. Directional signs. 35 36 1. General directional signs limited to six (6) per civic organization, church, recreational 37facility and limited to one hundred forty-four (144) square inches per sign and located at street 38intersections or other locations for the convenience of the traveling public, may be permitted in city 39right-of-way when approved by the director of development. The owner shall have the signs made 40at the owner's expense, but according to the specifications of the city. Said signs shall be placed by 41the responsible governmental body at the expense of the owner and when the sign is in the public 42right-of-way, it shall be placed on opposite corners from street signs. A limit of six (6) signs on 43one (1) pole may be permitted at each street intersection. 44 45 2. Signs of a temporary nature, not to exceed seventy-five (75) square feet in area, may be 46permitted. Such signs shall be located at specified points for the convenience of the traveling 47public. The signs shall be removed within five (5) days of the completion of the event. November 9, 2010 49 SIGN STANDARDS 1 2 3. Street signs. A subdivision name sign may be placed on a city street post by city 3personnel, provided it is requested through the Public Works Department and paid for by the party 4requesting said sign. This sign shall be identical to the street sign as to color, size and shape. 5 6 4. Temporary directional signs may be erected to guide traffic to building models at inter- 7sections in the city rights-of-way. Such signs shall not exceed three (3) square feet in area, nor be 8more than three (3) feet in height above the grade of the right-of-way. Said signs shall be approved 9by the development department. Not more than six (6) such signs will be allowed for any one (1) 10development. These signs shall be placed at the development department's discretion and in all 11cases shall be placed as close as possible to the development from the main thoroughfare. 12 13 5. A residential subdivision, residential development or neighborhood association of 14twenty-five (25) units or more, may be allowed one (1) identification sign at each major 15intersection which serves the residential subdivision, residential development or neighborhood 16association, not to exceed two such locations. Each sign may have no more than two (2) faces not 17exceeding sixteen (16) square feet each face, and may be located in the public right-of-way when 18traffic visibility is unobstructed and the location is approved by the director of development. Upon 19approval, the city and the representatives of the residential subdivision or residential development 20or neighborhood association shall enter into a license agreement, setting forth the terms and 21conditions upon which approval to place the sign on the public right-of-way is granted. Approval 22does not preclude the necessity to secure approvals from other govern-mental agencies. 23 24 D. Temporary political signs may be posted on private property within the city. All political 25signs must comply with Part III LDR, Chapter 2, Zoning, Section 4(E) Visual Obstructions. 26 27 E. Bus shelter signs. Signs on city transit stop shelters may be permitted when authorized by 28written agreement approved by action of the City Commission pursuant to the provisions of F.S. § 29337.407(2). When so authorized, the following standards shall apply: 30 31 1. Signs on city transit stop shelters and associated structures and equipment, including 32but not limited to benches, bicycle racks, and trash receptacles, shall be permitted only at city 33transit stops designated by the city, or other areas approved by the City. Placement of bus shelters 34shall be subject to city review so that no shelter shall be permitted to obstruct a public sidewalk or 35create a hazard or to otherwise be detrimental to the public safety. A permit for each bus shelter 36shall be required, but no permit fee shall be charged. 37 38 2. Bus shelters and associated structures or equipment shall be designed to meet city 39buildingcode requirements, if any. 40 41 3. Any bus shelter or associated structure or equipment located on a sidewalk within a 42public right-of-way, shall be so located so as to leave at least thirty-six (36) inches clearance for 43pedestrians and persons in wheelchairs. Such clearance shall be measured in a direction 44perpendicular to the centerline of the road. In addition, shelters and pads shall comply with the 45Americans with Disabilities Act Implementation Manual, Accessibility Guidelines for 46Transportation Facilities; Part IV of the Federal Register, Transportation for Individuals with November 9, 2010 50 SIGN STANDARDS 1Disabilities; F.S. Chapter 337; the Florida Administrative Code Rule Chapter 14-20; and any city 2standards or guidelines for placement and design. 3 4 4. Not more than one bus shelter or associated structure or equipment displaying signage 5or intended for the display of signage shall be permitted at a city transit stop. 6 7 5. Display space on bus shelters shall be limited in location and size to the side or rear 8wind screen panels. 9 10 6. Should any bus shelter, associated structure or equipment or sign on an associated 11structure or equipment, or bus shelter sign fail to conform to the above standards; or should a 12residential property owner object to the presence of a bus shelter abutting his property, then the 13city may order the sponsoring organization to remove such bus shelter and, that failing, may 14remove same at the expense of the sponsoring organization. 15 16 F. One temporary banner may be posted by a business that has been an issued a business tax 17receipt on private commercial or industrially zoned property within the city for a period of time not 18to exceed ninety (90) days within a one (1)year period.Temporary banners may not exceed an 19areaof twenty (20) square feet each. Temporary banners may not be placed in landscape buffers 20along rights-of-way or within rights-of-ways. Temporary banners shall not be mounted on or 21attached to landscaping, utility poles or guy wires. An applicant shall remove temporary banners 22within twelve (12) hours upon posting of a tropical storm or hurricane watch. This subsection shall 23not prohibit the city from placing banner signs on city owned property or within the public right- 24of-way within certain designated corridors throughout the city in order to announce municipal or 25not-for profit activities, events or programs pursuant to this chapter. 26 27(Ord. No. 96-61, § 3, 1-21-97; Ord. No. 97-42, § 1, 8-19-97; Ord. No. 00-78, § 2, 1-2-01; Ord. No. 2801-50, § 3, 12-4-01; Ord. No. 03-038, § 2, 8-19-03; Ord. No. 06-096, §2, 1-2-07; Ord. No. 06-098, 29§ 2, 1-2-07; Ord. No 09-013,§ 2, 2-3-09; Ord. No 09-023,§ 2, 5-5-09) 30 31Section 7. Nonconforming signs. 32 A sign or structure supporting a sign located in an area annexed into the city after the adoption 33of Ordinance No. 91-1 (January 15, 1991) shall be brought into compliance with all provisions of 34the Sign Code within six (6) months following the date of annexation. No amortization period 35provided herein shall apply to signs or structures supporting the signs within such annexation 36areas. 37 38 A billboard sign in an area of Palm Beach County which is annexed into the City of Boynton 39Beach after the date of adoption of Ordinance No. 94-18 (June 21, 1994) shall be brought into 40compliance with all provisions of the Sign code within five (5) years following the date of 41annexation, provided that any billboard on undeveloped land shall be brought into compliance as a 42condition precedent to the issuance of any development order sought prior to the five-year 43amortization period. An existing billboard sign which was annexed into the City of Boynton 44Beach after January 15, 1991 shall be brought into compliance within five (5) years from the date 45of adoption of Ordinance No. 94-18 (June 21, 1994). The provisions of this section which define 46and delineate a nonconforming sign shall apply to all billboards annexed into the city. 47 November 9, 2010 51 SIGN STANDARDS 1 Any existing sign which does not conform to the requirements of this chapter, shall hereafter be 2deemed nonconforming. All signs must be maintained to original standards and conditions and 3upon modification must comply with all sections of this chapter. Relettering or change of copy, 4provided there is no alteration or repair made to the sign structure, shall not constitute a 5modification. 6 7 Nonconforming signs shall be removed, changed or altered to conform to the provisions of this 8chapter by December 31, 1999. 9 10 A sign shall not be deemed nonconforming if any one of the following conditions apply: 11 12 A. The sign is a freestanding sign which does not exceed 24 feet in height but is otherwise in 13conformance with all provisions of this chapter; or 14 15 B. The sign is a wall sign or freestanding sign which does not exceed the sign limitations set 16forth in this Sign Code by more than 20 percent and is otherwise in conformance with all 17provisions of this chapter; or 18 19 C. The sign is a freestanding sign which does not meet the setback requirements of this 20chapter, but does not otherwise violate the setback requirements set forth in Article III, Section 5 or 21any other provisions of this chapter. 22 23 If any nonconforming sign is damaged by any cause or is otherwise in need of repair, to such an 24extent that the cost of repairing the sign equals fifty (50) per cent or more of the original cost of the 25sign, then its classification as a "nonconforming" sign under this section shall be automatically 26revoked and repairs shall be made so that such sign shall meet all the requirements of this chapter. 27 28(Ord. No. 96-61, § 4, 1-21-97; Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 29 30Section 8. Overhead clearance. 31 A sign projecting over areas where vehicular traffic may be required to pass shall be erected to 32maintain a minimum clearance of sixteen (16) feet for the free passage of such vehicles. 33 34(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 35 36Section 9. Numerical addresses required. 37 The numerical address for the property shall be affixed to and be an integral and prominent part 38of any freestanding sign. 39(Ord. No. 03-062, § 4, 12-16-03) 40 41ARTICLE IV. SIGNS ALLOWED 42Section 1. Signs allowed in residential zoning districts. 43 The following signs are allowed and regulated in residential zoning districts: 44 45 A. One (1) plaque not exceeding two (2) square feet in area. 46 November 9, 2010 52 SIGN STANDARDS 1 B. On plots containing permitted nonresidential structures or uses, a flat or freestanding sign, 2not exceeding thirty-two (32) square feet in area will be permitted for the limited purpose of 3advertising only the main use of the premises. A flat wall sign on a building must not be higher 4than ten (10) feet, and a freestanding sign must not be higher than six (6) feet. Signs on entry walls 5may not extend above the top of the wall. 6 7 C. Temporary real estate signs 8 9 1. Single Family: One (1) real estate sign not exceeding five (5) square feet in area and no 10taller than four (4) feet is allowed per street frontage. 11 12 2. Multi-family or commercial: One (1) real estate sign not exceeding thirty-two (32) 13square feet in area and no taller than six (6) feet is allowed per street frontage. 14 15 D. A condominium, residential development, or incorporated residential neighborhood 16association may erect single faced name signs on each side of all entrances on site walls or one (1) 17freestanding monument sign for each entrance. These signs are not to exceed thirty-two (32) 18square feet in area, nor be more than six (6) feet in height. 19 20 E. Directional signs for multi-family or permitted nonresidential structures, not exceeding 21four (4) square feet in area nor five (5) feet in height may be allowed at points of ingress and 22egress. (Ord. No. 96-61, § 5, 1-21-97; Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 23 24Section 2. Signs allowed in commercial nonresidential districts not otherwise excluded. 25 The following signs are permitted and regulated in all commercial nonresidential districts not 26specifically set forth elsewhere in this chapter: 27 28 A. One (1) real estate sign advertising the sale, rental or lease of a premises may be placed on 29the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One 30(1) such sign is permitted for each street frontage. 31 32 B. One (1) double faced monument sign advertising activity occurring on the premises. The 33maximum area for this sign shall be one (1) square foot of area for each linear foot of street 34frontage; no such sign shall exceed sixty-four (64) square feet in area. 35 36 1. For all single tenant premises four (4) acres or more in size, one (1) freestanding sign 37not exceeding fifteen (15) feet in height. Lots which front more than one (1) collector and/or 38arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a monument 39sign having a maximum height of ten (10) feet, to be located on the additional roadway. 40 41 2. For all single tenant premises less than four (4) acres in size, one (1) freestanding sign, 42which shall be a monument sign. On roadways of six (6) travel lanes or more, the monument sign 43shall have a maximum height of twelve (12) feet. On roadways consisting of four (4) travel lanes, 44the monument sign shall have a maximum height of eight (8) feet. On roadways having less than 45four (4) travel lanes, the monument sign shall have a maximum height of six (6) feet. 46Circumstances, such as surrounding properties, speed limits, and project scale may justify further 47reductions in the maximum sign heights set forth in this subsection. Lots which front more than November 9, 2010 53 SIGN STANDARDS 1one (1) collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, 2which shall be a monument sign having a maximum height of six (6) feet, to be located on the 3additional roadway. 4 5 C. One (1) or more fixed projecting or flat wall sign(s) which advertises activity occurring on 6the premises, provided that for the projecting sign, the sign and its supports shall not extend more 7than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the 8building or beyond the building corners. The maximum area for this signage shall be one and one 9half (1-1/2) square feet of area for each one (1) foot of linear building frontage. 10 11 D. In addition to the other signs in this section, one (1) on-premises sign, described as 12follows, shall be permitted in those commercial districts of the city where drive through restaurants 13are permitted. Said sign shall be an exterior single-face menu sign with illustrated face not to 14exceed twenty-five (25) square feet. Such signs will allow for instructions on use of pick-up 15window service and list the menu and price of items to be served, with the top of the sign not to 16exceed five (5) feet above ground level at the base of the sign. 17 18 E. Non-illuminated identification signs shall be permitted on the rear door of all business 19establishments provided such signs are limited to three (3) square feet in area. 20 21 F. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height with 22a limit of four (4) signs per lot, located at points of parking lot ingress and egress. 23 24 G. Temporary business identification signs shall be permitted instead of other wall signs 25permitted in this section. One (1) temporary sign for a maximum of thirty (30) days, can be 26permitted when a Certificate of Occupancy has been issued, pending the approval of a sign 27application, if at the time of the Certificate of Occupancy an application for a sign permit has been 28submitted to the development department. 29 30(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01; Ord. No. 03-062, § 5, 12-16-03) 31 32Section 3. Signs allowed in shopping centers and public use districts. 33 The following signs are permitted and regulated for shopping centers and multiple tenant 34premises: 35 36 A. One (1) real estate sign advertising "For Sale/Rent/Lease," may be placed on the premises 37and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such 38sign is permitted for each street frontage. 39 40 B. One (1) freestanding sign, as set forth below, advertising activity conducted on the 41premises. The maximum area for this sign shall be one (1) square foot of sign area for each linear 42foot of street frontage of the lot provided such sign does not exceed one hundred sixty (160) square 43feet in area. Each sign shall include the project name and for multiple tenant projects may be used 44as a directory of the businesses located in the shopping center, but shall not be used to advertise 45only one (1) tenant. 46 November 9, 2010 54 SIGN STANDARDS 1 1.For all shopping center or multiple tenant premises four (4) acres or more in size, the 2freestanding sign not exceeding fifteen (15) feet in height. Lots which front more than one (1) 3collector and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall 4be a monument sign having a maximum height of ten (10) feet, to be located on the additional 5roadway. 6 7 2. For all shopping center or multiple tenant premises less than four (4) acres in size, one 8(1) monument sign. On roadways of six (6) travel lanes or more, the monument sign shall have a 9maximum height of twelve (12) feet. On roadways consisting of four (4) travel lanes, the 10monument sign shall have a maximum height of eight (8) feet. On roadways having less than four 11(4) travel lanes, the monument sign shall have a maximum height of six (6) feet. Circumstances, 12such as surrounding properties, speed limits, and project scale may justify further reductions in the 13maximum sign heights set forth in this subsection. Lots which front more than one (1) collector 14and/or arterial roadway shall be allowed one (1) additional freestanding sign, which shall be a 15monument sign having a maximum height of six (6) feet, to be located on the additional roadway. 16 17 C. One (1) or more flat wall sign(s) which advertises activity occurring on the premises. The 18maximum area for this signage shall be one and one half (1-1/2) square feet of area for each one (1) 19foot of linear building frontage. 20 21 D. Where a covered walkway is present, each store shall be permitted one (1) under canopy 22sign not to exceed three (3) square feet in area. This sign shall be placed in front of each 23occupancy perpendicular to the building face under the covered walkway and shall not be less than 24ninety (90) inches from the walkway, with a rigid mounting. 25 26 E. A directory sign, not exceeding eighteen (18) square feet in area, is permitted. This 27directory sign can not exceed a height of six (6) feet and must be placed within the building 28setback area. 29 30 F. Non-illuminated identification signs shall be permitted on the rear door of any business 31establishment, provided they are limited to three (3) square feet in area. 32 33 G. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height 34with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. 35 36 H. Temporary business identification signs shall be permitted instead of other wall signs 37allowed in this section. One (1) temporary sign for a maximum of thirty (30) days, can be 38permitted when a Certificate of Occupancy has been issued pending the approval of a sign 39application if at the time of the Certificate of Occupancy, an application for a sign permit has been 40submitted to the development department. 41 42(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01; Ord. No. 03-062, § 6, 12-16-03) 43 44Section 4. Signs allowed in malls. 45 The following signs are permitted and regulated in malls: 46 November 9, 2010 55 SIGN STANDARDS 1 A. Exterior building wall signs, one per exterior wall face of each major department store and 2other center section stores with exterior customer entrances. These signs must not exceed ten (10) 3percent of the exterior wall face upon which they are attached. Each entrance from the public 4right-of-way into the mall will be allowed a three-sided freestanding sign not to exceed thirty-two 5(32) square feet in area per sign face. A freestanding sign, in compliance with Article IV, Section 63.B will be permitted in lieu of the above referenced entrance signs. 7 8 B. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height with 9a limit of four (4) signs per lot, located at points of parking lot ingress and egress. 10 11 C. A directory sign, not exceeding eighteen (18) square feet in area, is permitted. This 12directory sign can not exceed a height of six (6) feet and must be placed within the building 13setback area. 14 15 D. Non-illuminated identification signs shall be permitted on the rear door of business 16establishments, provided they are limited to three (3) square feet in area. 17 18 E. One (1) real estate sign advertising "For Sale/Rent/Lease," may be placed on the premises 19and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such 20sign is permitted for each street frontage. 21 22(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 23 24Section 5. Signs allowed in industrial zoning districts. 25 The following signs are permitted and regulated in industrial zoning districts: 26 27 A. One (1) real estate sign advertising that a premises is for sale, rent or lease may be placed 28on the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. 29One (1) such sign is permitted for each street frontage. 30 31 B. One (1) freestanding sign, not exceeding sixty-four (64) square feet in area, advertising 32activity occurring on the premises. This sign shall be predicated on the basis of one half (½) 33square foot of sign area for each one (1) linear foot of street frontage, with a maximum height of 34ten(10) feet. 35 36 C. One (1) or more fixed projecting or flat wall sign(s) which advertises activity occurring on 37the premises, provided that for the projecting sign, the sign and its supports shall not extend more 38than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the 39building or beyond the building corner. The maximum area for this signage shall be one (1) square 40foot of area for each one (1) foot of linear building frontage. 41 42 D. Non-illuminated identification signs shall be permitted on the rear door of business 43establishments, provided they are limited to three (3) square feet in area. 44 45 E. A directory sign, not exceeding eighteen (18) square feet in area, is permitted. This 46directory sign can not exceed a height of six (6) feet and must be placed within the building 47setback area. November 9, 2010 56 SIGN STANDARDS 1 2 F. Lots which have uses which front on I-95 may be permitted additional flat sign(s) subject 3to the limitations imposed in Article IV, Section 5.C if the building is designed to front on I-95. 4For purposes of clarification, fronting in this section means that the building entrance faces I-95 5and no garage doors are visible from the Interstate. Additionally, the area between the use and the 6Interstate must be landscaped as if it were fronting on a street. 7 8 G. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height, 9with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. 10 11 H. Temporary business identification signs shall be permitted instead of other wall signs 12permitted in this section. One (1) temporary sign for a maximum of thirty (30) days, can be 13permitted when a Certificate of Occupancy has been issued pending the approval of a sign 14application, if at the time of the Certificate of Occupancy, an application for a sign permit has been 15submitted to the development department. 16 17(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01; Ord. No. 08-028, § 2, 9-2-08) 18 19Section 6. Signs in the central business district. 20 The following signs are permitted and regulated in the central business district (CBD): 21 22 A. One (1) real estate sign advertising that a premises is for sale, rent or lease may be placed 23on the premises and shall not exceed sixteen (16) square feet in area, nor six (6) feet in height. 24 25 B. Unless otherwise superceded by overlay district regulations applicable to any portion of 26the premises, one (1) monument sign, not to exceed forty (40) square feet in area, advertising 27activity occurring on the premises. The maximum area for this sign shall be one (1) square foot of 28sign area for each one and one half (1-1/2) linear feet of street frontage, with a maximum height of 29five (5) feet. 30 31 C. One (1) or more fixed projecting or flat wall sign(s) which advertises activity occurring on 32the premises, provided that for the projecting sign, the sign and its supports shall not extend more 33than three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the 34building or beyond the building corner. The maximum area for this signage shall be one (1) square 35foot of area for each one (1) foot of linear building frontage. 36 37 D. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height, 38with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. 39 40 E. Where a covered walkway is present, each store shall be permitted one (1) under canopy 41sign not to exceed three (3) square feet in area. This sign shall be placed in front of each 42occupancy under the covered walkway and shall not be less than ninety (90) inches from the 43walkway, with a rigid mounting. 44 45 F. Identification signs shall be permitted on the rear door of business establishments, 46provided they are limited to three (3) square feet in area. 47 November 9, 2010 57 SIGN STANDARDS 1 G. Temporary business identification signs shall be permitted instead of other wall signs 2allowed in this section.One (1) temporary sign for a maximum of thirty (30) days, can be 3permitted when a Certificate of Occupancy has been issued pending the approval of a sign 4application, if at the time of the Certificate of Occupancy, an application for a sign permit has been 5submitted to the development department. 6 7(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01; Ord. No. 03-062, § 7, 12-16-03) 8 9Section 7. Signs permitted in planned districts. 10 The following are the general requirements for signs in planned districts (PUD, PCD and PID); 11for specific allowable signage, see the regulations for each regular zoning district. 12 13 A. Purpose and intent. The purpose of this section is to encourage continuity for signage in 14the planned districts, while allowing for flexibility with respect to type, color, number, location 15(exclusive of setbacks) and design of signs. The general requirements for each planned district can 16be found in the corresponding regular zoning district in this sign chapter. The approval of signs in 17planned districts require the submission of a sign program for the entire project as part of the site 18plan approval process. 19 20 B. Sign program. All requests for approval of a sign program shall be filed as part of the 21original site plan approval process or as a modification to the approved site plan. All applications 22shall be filed by the sign owner or his agent, with the appropriate fee and shall describe and set 23forth the following: 24 25 1. The type and number of signs or sign structures. 26 27 2. The area per sign and dimensions of structures. 28 29 3. Three (3) certified copies of the site plan showing sign location, sign elevations and 30construction details, such as materials, colors, wind resistance requirements and structural details. 31 32 4. In addition to the above, one (1) set of colored sign elevations with all copy shown in 33the type style to be used. 34 35(Ord. No. 00-78, § 2, 1-2-01; Ord. No. 01-50, § 3, 12-4-01) 36 37Section 8. Signs within public rights-of-way and city owned property. 38 The following are the general requirements for placing signs within the public right rights-of- 39way and on City owned property in order to announce public or not-for-profit events, activities, 40and/or programs: 41 42 A. Purpose and intent. The purpose and intent of this section is to regulate the placement of 43signs within public rights-of-way and on City owned property within the City in order to facilitate 44the announcement of public and/or not-for-profit events, activities, and/or programs, and to insure 45the safety of residents and citizens with respect to the placement of signs within the public rights- 46of-way and on City owned property. 47 November 9, 2010 58 SIGN STANDARDS 1 B. Sign Program. Within the City there are hereby designated certain corridors located along 2designated public rights-of-way in which signs may be placed, pursuant to the provisions of this 3Chapter, on City owned property or within the public right-of-way in order to announce specific 4public and/or not-for-profit events, activities and/or programs. The corridors are as follows: 5 6 1. Seacrest Boulevard from Woolbright Road to Gateway Boulevard, 7 8 2. Woolbright Road from Congress Avenue to the West end of the Intracoastal Bridge, 9 10 3. East Ocean Avenue from Seacrest Boulevard east to the West end of the Intracoastal 11Bridge, 12 13 4. Congress Avenue from Gateway Boulevard south to Congress Community Middle 14School, 15 16 5. Boynton Beach Boulevard from Winchester Park Boulevard east to S.E. 6th Court, 17 18 6. Federal Highway from Gateway Boulevard south to Woolbright Road, and 19 20 7. Martin Luther King Boulevard from Seacrest Boulevard east to Federal Highway. 21 22 Additionally, signs may be placed at the Boynton Beach Tennis Center in order to announce 23special events held at the Tennis Center. 24 25 C. Within the designated corridors, vertical banner signs may only be placed on utility poles 26located within the public rights-of-way pursuant to the following requirements: 27 28 1. The vertical banner signs may be placed on hardware attached to the utility poles by the 29City's Public Works Department, after review and approval by the Development Department. 30 31 2. The vertical banner signs attached to utility poles may not exceed six (6) feet in height. 32 33 3. No portion of a vertical banner sign may be used to advertise a specific product or 34service. The banner signs may, however, display the name or logo of the sponsor of the public or 35not-for-profit event, activity, and/or program or the event logo. 36 37 4. A public or not-for-profit event is an event sponsored by the City or a community-based 38not-for-profit entity which shall be reviewed by the City's Development Department and approved 39by the City Council Resolution. 40 41 D. City may place banners or other signs on city property in order to decorate or announce 42specific public and/or not-for-profit events, activities and/or programs. Such signs shall be 43authorized by the Recreation Department, require a building permit unless determined otherwise by 44the Building Official, and shall not be subject to area or duration limits provided limits within this 45chapter. 46 47(Ord. No. 01-50, § 3, 12-4-01) November 9, 2010 59 SIGN STANDARDS 1 2Chapter 9.COMMUNITY DESIGN PLAN 3 4I.Signs. 51.Signs shall be designed and treated as part of the architecture of a building and shall 6be reviewed at time of site plan review. 72.A single sign style (such as cabinet, channel, reverse channel) shall be used for wall 8signage on all buildings on a site. 93.Sign colors shall be complementary to the colors of the structure on which it is 10located. The number of colors used for tenant signage for multiple tenant buildings and their 11outbuildings and outparcels shall be limited to two, in addition to white and black. Colors of 12nationally registered copy of tenants within the building shall be included in this limitation. 134.Non-word depictions on signs shall be limited to 20% of the area of the sign 14erected. Color limitations shall not apply to non-word depictions on signs. 155.Freestanding directory signs, internally located within the site are encouraged rather 16than multiple tenant listings on freestanding identification signs. 176.Sign lettering shall be easy to read and in scale with the building or tenant space on 18which it is located. 197.Small lettering on freestanding identification signs located close to entrances shall 20not be allowed. Lettering size shall take into consideration the traveling speed of the adjacent 21street. 228.The number of different lettering styles on tenant signage on multiple tenant 23buildings and their outbuildings and outparcels shall be limited to one in addition to the 24lettering styles of the nationally registered copy of all tenants located within the building and 25its outbuildings and outparcels. 26(Ord. No. 95-04,§ 1, 3-21-95; Ord. No. 96-59,§ 2, 1-21-97) 28 27 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 4 Site Development Standards\Final\Amended\Article IV Sign 29 Standards.doc November 9, 2010 60 MINIMUM OFF-STREET PARKING REQUIREMENTS ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS 1 2 Section 1. General. 3 4 A. Purpose and Intent. 5The purpose of this article is to provide accessible, 6attractive, secure, properly lighted, well-maintained, and screened off-street parking 7facilities for the citizens and visitors of the city. It is the intent of these regulations to 8ensure the provision of off-street parking in proportion to the typical and daily demand 9created by various businesses located downtown and in the suburban areas. It is also the 10emphasis of this article to promote efficient use of land and redevelopment through 11promotion of cross-parking and interconnectivity, shared parking and necessary 12reductions to consider alternative parking resources and redevelopment initiatives. 13 B.Administration. 14 The Director of Planning and Zoning or designee shall 15have the authority to interpret and administer this article. Section 7.Administration. 16For the purpose of coordinating, enforcing,and administering this chapter, thedirector 17of development shall be the administrative officer. (Ord. No. 96-63, § 3, 1-21-97) 18 C. Applicability. 19 The provisions of this article shall be considered the 20minimum standards and are applicable to all new construction projects or modifications 21to existing sites. 22 D.Terms and Definitions. 23 See Chapter 1, Article II for all applicable terms 24and definitions which pertain to the regulations and standards contained herein. 25 E. Conflict. 26Whenever the regulations and requirements of this code are at 27conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or 28laws, the most restrictive shall apply, unless otherwise stated herein. 29 F. Relief from Standards. 30 Unless described otherwise, any deviation from 31the parking standards contained herein shall require approval of a variance application, 32which is subject to review and approval by the City Commission. A request for a 33variance shall be reviewed in accordance with Chapter 2, Article II, Section 4.D. 34 Section 2. Standards. 35 36 A. General. 37 38 1. Rules and Methodology. 39 40 a. 41 7. Parking space requirements shall be computed on the basis 42of the principal use of a structure or lot, and using gross floor area unless 43stated otherwise in paragraph 16 of this article subsection. Gross floor 44area, for the purposes of this subsection, shall include the floor area 45occupied by the principal use, plus the floor area occupied by all other 46enclosed spaces accessory uses, including but not limited to storage August 2, 2010 1 MINIMUM OFF-STREET PARKING REQUIREMENTS 1rooms, maintenance and mechanical rooms, offices, lounges, restrooms, 2lobbies, basements, mezzanines, and hallways. 3 b. 4 8. Where several principal uses exist in one structure or on one 5lot, parking space requirements shall be computed separately for each 6principal use, unless stated otherwise in this article paragraph 16 of this 7subsection. Where parking spaces are required in this article paragraph 816 for each of several principal uses that commonly occur together, this 9is done for the purpose of clarification only, and shall not limit the 10application of the requirement contained in this paragraph. 11 c. 12 9. A use shall be considered a principal use, for the purposes of 13this subsection, if it could exist separately from all other uses in the 14same structure or on the same lot, and would by itself generate 15significant parking demand. 16 d. 17 11. Where several principal uses exist in one building or part 18of a building, and the floor area of each principal use cannot be clearly 19delineated, the parking space requirement for the use requiring the 20greatest number of parking spaces shall apply. 21 e. 22 12. Where a use is not listed below, parking space 23requirements shall be determined by the City Commission after review 24and recommendation by the Director of Planning & Zoning or designee 25planning and development board. 26 f. 27 14. Where the number of required parking spaces as computed 28includes a fraction, the number of required parking spaces shall be the 29computed number rounded to the next highest whole number. 30 g. 31 16. Except as provided in Subsection I.(4) below, there shall 32be provided, at the time of the erection of any structure or establishment 33of any use, a number of off-street parking spaces in accordance with the 34following minimum requirements, and subject to the parking 35requirements paragraphs 1 through 15 of this subsection. Where a 36structure or use is enlarged or increased in capacity by any means, 37including a change in building occupancy which requires the provision 38of additional parking spaces, or a change in use to or which requires 39additional parking spaces, the minimum number of parking spaces shall 40be computed by applying these requirements to the entire structure or 41use. 42 2.Minimum Number of Required Off-Street Spaces for Non 43 Residential Uses. 44 5. No fewer than four (4) parking spaces shall be 45provided for any nonresidential use. 46 3.Location of Off-Street Parking Areas. 47 August 2, 2010 2 MINIMUM OFF-STREET PARKING REQUIREMENTS 1 a.Residential. 2 Required parking spaces for all dwellings shall be 3located on the same lot as the dwelling to be served. 4 b.Nonresidential. 5 Required parking spaces for all other 6nonresidential uses shall be owned by the owner of the building or lot to 7be served, and shall be located on the same lot, or not more than 300 feet 8distance, as measured along the nearest pedestrian walkway. 9 B. Table 4-2. Residential and Lodging Uses. 10 a.Dwellings, lodging 11and other buildings for habitation: 4. 12 Standard Number of Required Parking Residential and Lodging Uses Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. 1 Single-family, duplex dwelling, or mobile home: 2 1,2 Efficiency or One-bedroom apartment: 1.5 2 Within Mixed-Use High district: 1.33 1,2 Two (2) or more bedroom apartment: 2 1,2 Within Mixed-Use High district: 1.66 Dormitories: 1 per unit Hotel & Motel units containing one (1)-bedroom: 1.25 per unit Within Mixed-Use High district: 1 per unit Hotel & Motel suite containing two (2) or more bedrooms: 2 per unit Within Mixed-Use High district: 1 per unit Group Home (Types 1 through 4): 1 per 3 beds 3 Bed & Breakfast: 1 4 Live / Work Unit: 1 per two (2) units 13 1 14Residential driveways shall satisfy the parking space requirements for single- 15family detached dwelling units, duplexes, and multifamily dwelling units containing 16garages, provided such driveways are of sufficient size to meet the parking space 17requirements of this subsection. A residential driveway of sufficient size shall be 18provided prior to the issuance of a certificate of occupancy. For all required parking 19spaces not located within an enclosed garage, the first parking space shall be the 20minimum size required for a handicap space, exclusive of public or private rights-of- 21way, and all other required spaces must be dimensioned in accordance with current City 22standards. All driveways shall be setback at least two (2) feet from interior side and 23corner side property lines, and maintained and drained so as to prevent nuisance 24conditions or a danger to the public and / or adjacent property owners. Any expansion 25to an existing driveway shall require a zoning permit from the Planning and Zoning 26Division in accordance with the procedures specified in Chapter 2, Article II, Section 275.C; however, any driveway expansion (or similar impervious surface) that is equal to or 28greater than 800 square feet shall require the approval of a land development permit in 29accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway, 30proposed within the swale (right-of-way) shall require a permit from the Engineering 31Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. August 2, 2010 3 MINIMUM OFF-STREET PARKING REQUIREMENTS 1 2 2Guest parking shall be provided at a rate of 0.15 spaces per unit for residential 3developments consisting of three (3) or more dwelling units. 4 3 5Required parking shall be calculated on the basis of one (1) space per each 6employee, manager, or owner and one (1) parking space for each guest unit. Newly 7created parking may be located only in the rear and side yard. 8 4 9 (4)Parking. In addition to the required parking for the residential unit, the 10city requires The city encourages that one parking space per two (2) live/work units be 11provided to meet business activity needs. Parking provided to meet this requirement 12shall be located on the lot, built into or under the structure, or within three hundred 13(300) feet of the unit in which the use is located. The distance shall be a straight line 14measurement from a point on the boundary line of the property of the subject unit to the 15closest boundary line of the property on which the parking is located. Parking provided 16to accommodate said space, including driveways of adequate depth in front of the unit's 17garage, shall not serve as meeting required parking for the unit's residential use. 18 19d.Parking. Each live / work unit shall be provided at least two and one-half (2 ½) 20parking spaces. 21 22 a.Dwellings, lodging and other buildings for habitation: 4. 23 24(1)Single-family and duplex dwellings: Two (2) parking spaces per 25dwelling unit. 26 27(2)Two or more bedroom apartments: Two (2) parking spaces per dwelling 28unit. 29 30(3)One-bedroom and efficiency apartments: one and one half (1.5) parking 31spaces per dwelling unit for each efficiency and/or one-bedroom apartment. 32 33(4)Dormitories: One (1) parking space per rooming unit. 34 35(5) Rooming and boarding houses: One (1) parking space per rooming unit. 36 37(6) Hotels, apartment hotels, motels, apartment motels, and time-sharing 38hotels and motels: One and one-quarter (1.25) parking spaces per bedroom. 39 40(7) Hospitals: Two and one-half (2.5) parking spaces per bed. 41 42(8) Nursing homes, convalescent homes, and sanitariums: One (1) parking 43space per three (3) beds. 44 45d. ParkingRequired parking shall be calculated on the basis of one space per each 46employee, manager, or owner and oneparking space for each guest unit. Newly created 47parking may be located only in the rear and side yard. August 2, 2010 4 MINIMUM OFF-STREET PARKING REQUIREMENTS 1 C. Table 4-3. Commercial and Health Care / Office Uses 2 d.Retail 3services, restaurants, and offices: 10. Where a use is located in a shopping center, 4office building, or office-retail complex, the parking space requirement for the shopping 5center, office building, or office-retail complex in which it is located shall apply; except 6that where a theater is located in a shopping center the parking space requirement for 7theaters shall apply for the seating or gross floor area of the theater (see “Theater” in 8Chapter 4, Article V, Section 3.G.). 9 Standard Number of Required Parking Commercial and Health Care / Office Uses Spaces Building area is based upon gross floor area (in square feet) unless specifically expressed otherwise. 1 Any Non-residential use (minimum): 4 or 1 per 200, whichever is greater Shopping center: 1 per 200 Office-Retail Complex: 1 per 200 2 Restaurant:1 per 2.5 seats - no less than 1 per 100 Bar & Night Club: 1 per 2.5 seats - no less than 1 per 100 3 Gasoline Station: 1 per 250 Grocery Store: 1 per 200 Auto Car Wash (Polishing, Waxing, Detailing) Automated (no employees): N/A 4 Full-Service: 4 per tunnel Auto Car Wash, Self-Service Bay: 2 per bay 5 Auto / motorcycle / truck, trailer, rec. vehicle sales / rental: 1 per 500 7 Automotive, Repair Major and Minor 1 per 250 8 Automotive, Repair (paint and body shops only): 1 per 300 6 Boat Dealer / Rental: 1 per 500 Coin-operated Laundry or Dry Cleaner: 1 per 250 Copying, Printing, or Sign Design: 1 per 300 Funeral Home: 1 per 200 Pet Care: 1 per 300 Bank and Financial Office: 1 per 250 Medical or Dental Office, Imaging / Testing: 1 per 200 Photography Studio: 1 per 300 Personal Care (Beauty, Hair, and Nails): 1 per 100 Furniture and Home Furnishings: 1 per 500 Hospital:1 per 2.5 beds Taxi, Limousine, and Charter Bus: 1 per 300 9 Nursery, Garden, and Farm Supply: 1 per 2,000 of outdoor nursery area Travel Agency: 1 per 300 Business / professional office not listed within this subsection: 1 per 300 Establishments not listed elsewhere within this subsection: 1 per 200 10 1 11(iii) Non-residential: For the non-residential components of a mixed use 12project, parking shall be calculated at a minimum of one (1) parking space for each two 13hundred (200) square feet of gross leaseable floor area. 14 August 2, 2010 5 MINIMUM OFF-STREET PARKING REQUIREMENTS 2 1Indoor child play areas shall be excluded for this purpose if such areas are 2designed/delineated separate from dining areas and if 20% or less than the gross floor 3area of the restaurant. No additional parking spaces are required for outdoor seats 4provided that the number of outdoor seats is 20% or less than the total number of indoor 5seats. Additional parking spaces shall be required for outdoor seats in excess of this 6threshold. 7 3 8The required queuing distance at pump islands shall be in accordance with 9Chapter 4, Article VI, Section 8. Gasoline Station establishments that contain 10“Automotive, Minor Repair” shall provide for additional parking spaces (see 11“Automotive, Minor Repair”). 12 4 13Plus one (1) space per 75 square feet of detail, washing, and waxing areas. 14 5 15Plus required parking spaces for outdoor storage or display of vehicles for sale 16or for rent. 17 6 18Plus one (1) space per 10,000 square feet of paved or unpaved outdoor area used 19for the storage or display of boats for sale or for rent. 20 7 21 One (1) space per 250 square feet of gross floor area devoted to office, display of 22merchandise, and waiting area. In addition, three (3) parking spaces are required for 23each service bay. The space within a service bay may be counted towards satisfaction 24of the required parking. However, in no case shall less than four (4) outside parking 25spaces be provided. 26 8 27In addition, each overhead door and interior spray booth may be counted 28towards satisfaction of the required parking, provided there is the minimum area (the 29size of a standard parking space) between an overhead door and an interior spray booth. 30 However, in no case shall less than four (4) outside parking spaces be provided. 31 9 32Plus required parking for any retail floor area. 33 34(1)Restaurants, bars, cocktail lounges, dance halls, and all other eating or 35drinking establishments: One (1) parking space per two and one-half (2.5) seats, 36but not less than one (1) parking space per one hundred (100) square feet of 37gross floor area. 38 39(2)Shopping centers: One (1) parking space per two hundred (200) square 40feet of gross leasable floor area. 41 42(3)Office-retail complexes: One (1) parking space per two hundred (200) 43square feet of gross leasable floor area. 44 45 (4)Retail gasoline sales, retail automotive parts and/or accessories sales, and 46automotive repairs, including major repairs, but excluding automotive paint and August 2, 2010 6 MINIMUM OFF-STREET PARKING REQUIREMENTS 1body shops: One (1) parking space per two hundred fifty (250) square feet of 2gross floor area. 3 4(5)Bakeries: One (1) parking space per two hundred (200) square feet of 5gross floor area. 6 7(6)Florists and retail sales floor area of greenhouses: One (1) parking space 8per two hundred (200) square feet of gross floor area. 9 10(7)Grocery stores and food stores: One (1) parking space per two hundred 11(200) square feet of gross floor area. 12 13(8)Automobile, truck, motorcycle, trailer, and recreation vehicle sales or 14rental: One (1) parking space per five hundred (500) square feet of gross floor 15area, plus required parking spaces for outdoor storage or display of goods for 16sale or for rent. 17 18(9)Small equipment and tool rental establishments: One (1) parking space 19per two hundred fifty (250) square feet of gross floor area, plus required parking 20spaces for outdoor storage or display of goods for sale or for rent. 21 22(10)Outdoor storage or display of goods for sale or for rent, except boats: 23One (1) parking space per five thousand (5,000) square feet of paved or unpaved 24outdoor area used for the storage or display of goods for sale or for rent. 25 26(11)Boat sales or rental: One (1) parking space per five hundred (500) square 27feet of gross floor area, plus one (1) parking space per ten thousand (10,000) 28square feet of paved or unpaved outdoor area used for the storage or display of 29boats for sale or for rent. 30 31(12)Retail establishments not listed elsewhere: One (1) parking space per 32two hundred (200) square feet of gross floor area. 33 34(13)Personal, professional, and business services not listed elsewhere, 35including testing, repairing, and servicing: One (1) parking space per three 36hundred (300) square feet of gross floor area. 37 38(14)Laundromats or dry-cleaning pick-up stations, and laundry or dry- 39cleaning plants located in commercial zones: One (1) parking space per two 40hundred fifty (250) square feet of gross floor area (for laundry or dry-cleaning 41plants located in industrial or PID zones, see (f)(3)). 42 43(15)Printing, engraving, or publishing located in commercial zones: One (1) 44parking space per three hundred (300) square feet of gross floor area (for 45printing, engraving, or publishing located in industrial or PID zones, see (f)(4)). 46 August 2, 2010 7 MINIMUM OFF-STREET PARKING REQUIREMENTS 1(16)Funeral homes: One (1) parking space per two hundred (200) square feet 2of gross floor area. 3 4(17)Kennels and animal hospitals: One (1) parking space per three hundred 5(300) square feet of gross floor area, including area of outdoor kennels. 6 7(18)Financial institutions and services: One (1) parking space per two 8hundred fifty (250) square feet of gross floor area. 9 10(19)Medical and dental clinics, offices, and office buildings: One (1) parking 11space per two hundred (200) square feet of gross floor area. 12 13(20)Offices and office buildings not listed elsewhere: One (1) parking space 14per three hundred (300) square feet of gross floor area. 15 16(21)Art, craft, graphics, and photographic studios: One (1) parking space per 17three hundred (300) square feet of gross floor area. 18 19(22)Beauty and barber services: One (1) parking space per one hundred (100) 20square feet of gross floor area. 21 22(23)Furniture stores: One (1) parking space per five hundred (500) square 23feet of gross floor area. 24 25(24)Automotive paint and body shops: One (1) parking space for every three 26hundred (300) square feet of gross floor area. In addition, each overhead door 27and interior spray booth may be counted toward a parking space, provided there 28is a minimum area, the size of a standard parking space, between an overhead 29door and an interior spray booth. However, in no case shall less than four (4) 30outside parking spaces be provided. 31 32(7)Hospitals: Two and one-half (2.5) parking spaces per bed. 33 34g.Miscellaneous uses: 35 36(1)Taxi offices and bus stations: One (1) parking space per one hundred 37(100) square feet of gross floor area. 38 39(3)Greenhouses: One (1) parking space per two thousand (2,000) square 40feet of gross floor area, plus required parking spaces for any retail floor area. 41 August 2, 2010 8 MINIMUM OFF-STREET PARKING REQUIREMENTS D. Table 4-4. Arts, Entertainment, and Recreational Uses 1 e.Recreation 2and amusement: 3 Standard Number of Required Parking Arts, Entertainment, and Recreational Uses 4 Spaces 1 5 Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. 6 Any Non-residential use (minimum): 1 4 or 1 per 200, whichever is greater 7( Swimming pool: 1 per 50 (water area) 8i Ice and roller skating rink: 2 1 per 100 (rink area) 9i Indoor athletic court: 1 per 1,800 (court / adjoining paved area) 10i Outdoor athletic court: 1 per 1,500 (court / adjoining paved area) 11) Golf course: 8 per hole 12 Miniature Golf Course: 1.5 per hole 13N 2 Bowling Alley: 1 per 250 14o 2 Gym, Fitness, and Health Club: 1 per 300 15n Martial Arts, Gymnastics, and Dance Studio: 1 per 200 16- 2 Arcades, pool halls, and other indoor amusement places: 1 per 100 17r 3 Marina, including Yacht Club: 1 per boat slip 18e 1 per 5 wet or dry storage slips, and 1 per 19s Marina without commercial vessels 500 of boat sales showroom 20i Museum: 1 per 300 21d Shooting Range, Indoor 1 per 250 Sightseeing & Scenic Tours: 22e 4 1 per 3 seats Rentals, Recreational (bicycles, canoes, personal watercraft): 23n 1 per 200 24t 5 Residential recreational / amenity area: 5 25i 6 Theaters, auditoriums, meeting rooms, and other places of assembly: 1 per 4 seats 26O Establishments not listed elsewhere within this subsection: 1 per 200 27 1 28Non-residential: For the non-residential components of a mixed use project, 29parking shall be calculated at a minimum of one (1) parking space for each two hundred 30(200) square feet of gross floor area. 31 2 32Parking space requirements may be computed separately for floor area occupied 33by other uses (i.e. athletic courts, swimming pools, restaurants, bar, amusement arcade, 34pool halls, or other principal uses for which parking space requirements are listed in this 35ordinance). 36 3 37Plus required parking spaces for any other principal uses, including hotels and 38motels, restaurants, retail floor area, Charter boats, sightseeing boats, drift fishing boats, 39and outdoor lots occupied by boats for sale or for rent. 40 4 41One (1) space per three (3) seats on each boat / vehicle but not fewer than two 42(2) parking spaces per boat / vehicle. 43 5 44A mix of five (5) parking spaces, plus one (1) additional space per 300 square 45feet of gross floor area of office use for leasing or management purposes located in 46recreation buildings or separate structures (handicapped spaces should be pursuant to 47ADA requirements). A greater or lesser number of parking spaces may be imposed or August 2, 2010 9 MINIMUM OFF-STREET PARKING REQUIREMENTS 1allowed by the Director of Planning and Zoning or designee, depending on the size, 2location, and characteristic such recreational or amenity area. 3 6 4Not less than 1 space per 100 square feet of gross floor area. 5 6 7(1) Swimming pools: One (1) parking space per thirty (30) square feet of 8water area. 9 10(2)Ice skating and roller skating rinks: One (1) parking space per one 11hundred (100) square feet of rink area. 12 13(3)Indoor athletic courts: One (1) parking space per one thousand eight 14hundred (1,800) square feet of gross floor area. 15 16(4)Outdoor athletic courts: One (1) parking space per one thousand five 17hundred (1,500) square feet of court area and adjoining paved area. 18 19(5)Golf courses: Eight (8) parking spaces per hole. 20 21(6)Miniature golf courses: One (1) parking space per five hundred (500) 22square feet of lot area occupied by the playing area. 23 24(7)Bowling alleys: One (1) parking space per two hundred fifty (250) 25square feet of gross floor area, including floor area of all adjoining uses, 26including restaurants, bars, pool rooms, and amusements. 27 28(8) Gymnasiums and health centers: One (1) parking space per three hundred 29(300) square feet of gross floor area. Parking space requirements may be 30computed separately for floor area occupied by athletic courts, swimming pools, 31or other principal uses for which parking space requirements are listed in this 32ordinance. 33 34(9) Arcades, pool halls, and other indoor amusement places not listed 35elsewhere: One (1) parking space per one hundred (100) square feet of gross 36floor area. 37 38(10) Marinas: One (1) parking space per boat slip, plus required parking spaces 39for any other principal uses, including hotels and motels, restaurants, retail floor 40area, Charter boats, sightseeing boats, drift fishing boats, and outdoor lots 41occupied by boats for sale or for rent. Marinas without commercial vessels: One 42(1) parking space per five (5) wet or dry storage slips, and one (1) parking space 43per 500 square feet of boat sales showroom. 44 45(11) Charter, drift fishing, and sightseeing boats: One (1) parking space per 46three (3) seats on each boat, but no fewer than two (2) parking spaces per boat. 47 August 2, 2010 10 MINIMUM OFF-STREET PARKING REQUIREMENTS 1(12) Condominium and housing development recreation buildings: A mix of 2five parking spaces, plus one (1) additional space per 300 square feet of gross 3floor area of office use for leasing or management purposes located in recreation 4buildings or separate structures (handicapped spaces should be pursuant to ADA 5requirements). 6 7(2) Theaters, auditoriums, meeting rooms, and other places of assembly: One 8(1) parking space per four (4) seats, but not less than one (1) parking space per 9one hundred (100) square feet of gross floor area. 10 E. Table 4-5 Industrial Uses. 11 f. Industrial, research and development, 12trades, wholesale, and warehouses: 13 Standard Number of Required Parking Industrial Uses Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any Non-residential use (minimum): 1 4 or 1 per 200, whichever is greater Dry Cleaning Plants: 1 per 500 Publishing and Commercial Printing: 1 per 500 Packing & Shipping, Trucking, and Moving: 1 per 800 Research & Development, Scientific / Technological: 1 per 300 Warehouse, Wholesale, Distribution 2 1 per 500 Multi-tenant building, Multi-use: 2 1 per 800 Single-tenant building, Single-use: Warehouse, Dead-Storage 1 per 1,000 3 Storage, Self-Service (Limited and Multi-access): 1 per 75 bays Manufacturing and industrial uses not listed elsewhere: 1 per 500 14 1 15(iii) Non-residential: For the non-residential components of a mixed use 16project, parking shall be calculated at a minimum of one (1) parking space for each two 17hundred (200) square feet of gross leaseable floor area. 18 2 19Space allocated for accessory office use shall require parking at the ratio 20required for the principal use, provided that the accessory office use does not exceed 2120% of a single-tenant building or 20% of each bay within multi-tenant buildings. 22Additional parking shall be required at a ratio of one (1) space per 300 square feet for 23any accessory office floor area that exceeds 20% of the building / bay(s). 24 3 25Plus one (1) space per 300 square feet of office space plus two (2) security 26spaces, if applicable. 27 28(1)Manufacturing and industrial uses not listed elsewhere: One ( 1 ) parking 29space per two (2) employees, but not less than one (1) parking space per five 30hundred (500) square feet of gross floor area; plus required parking spaces for 31any other principal uses, including office or retail floor area. 32 August 2, 2010 11 MINIMUM OFF-STREET PARKING REQUIREMENTS 1(2)Utility plants: One (1) parking space per two (2) employees, but not less 2than one (1) parking space per five hundred (500) square feet of gross floor area; 3plus required parking spaces for any other principal uses, including office floor 4area. 5 6(3)Laundry or dry-cleaning plants located in industrial or PID zones: One 7(1) parking space per five hundred (500) square feet of gross floor area (for 8laundromats, laundry or drycleaning pick-up stations, and laundry or 9drycleaning plants located in commercial zones, see (d) (14)). 10 11(4)Printing, engraving, or publishing located in industrial or PID zones: 12One (1) parking space per two (2) employees, but not less than one (1) parking 13space per five hundred (500) square feet of gross floor area (for printing, 14engraving or publishing located in commercial zones, see (d) (15)). 15 16(5)Warehouses and other indoor storage facilities, warehouse-industrial 17complexes: One (1) parking space per eight hundred (800) square feet of gross 18floor area, but not less than two (2) parking spaces per rental unit of five 19hundred (500) square feet of gross floor area or greater; plus required parking 20spaces for any other principal uses, including retail and office floor area. 21Parking for multi-access facilities shall be provided at a rate of 1 space per 200 22storage bays plus 1 space per 300 feet of office space and 2 security spaces. 23Parking for limited access facilities shall be provided at a rate of 1 space per 75 24storage units, plus 1 space per 300 feet of office space and 2 security spaces. 25 26(6)Wholesale establishments and distributing: One (1) parking space per 27eight hundred (800) square feet of gross floor area. 28 29(7)Moving and storage operations: One (1) parking space per eight hundred 30(800) square feet of gross floor area. 31 32(8)Truck terminals and transfer stations: One (1) parking space per eight 33hundred (800) square feet of gross floor area. 34 35(9)Laboratories and research and development: One (1) parking space per 36three hundred (300) square feet of gross floor area. 37 38c.Parking: Parking shall be provided at a rate of one (1) space per 200 storage 39bays, plus 1 space per 300 feet of office space and 2security spaces. 40 41c.Parking: Parking shall be provided at a rate of 1 space per 75 storage bays, plus 421 space per 300 feet of office space and 2 security spaces. 43 August 2, 2010 12 MINIMUM OFF-STREET PARKING REQUIREMENTS F. Table 4-6 Educational Uses 1 c.Government, institutional, and 2educational uses: 3 Standard Number of Required Parking Educational Uses Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Day Care: 1 per 300 School, Primary: 1 per 500 School, Secondary: 1 per 100 College, University, or Seminary: 1 per 150 Educational uses not listed elsewhere: 1 per 200 4 5(4)Day care centers and nursery schools: One (1) parking space per three 6hundred (300) square feet of gross floor area, plus adequate provision for a 7convenient drop-off area adjacent to the building providing unobstructed 8ingress and egress. 9 10(5)Elementary and junior high schools: One (1) parking space per five 11hundred (500) square feet of classroom floor area, including floor area of shops. 12 13(6)Secondary schools and high schools: One (1) parking space per one 14hundred (100) square feet of classroom floor area, plus one (1) parking space per 15two hundred (200) square feet of floor area occupied by shops. 16 17(7)Colleges, universities, seminaries, and technical or vocational schools: 18One (1) parking space per fifty (50) square feet of classroom area, plus one (1) 19parking space per two hundred (200) square feet of floor area occupied by 20laboratories or shops, plus required space for any other principal uses, including 21offices, libraries, auditoriums, and recreation facilities. 22 23(8)Specialized instruction, including dance, art, and self-defense 24instruction: One (1) parking space per two hundred (200) square feet of gross 25floor area. 26 G. Table 4-7 Public and Civic Uses 27b.Assembly: 28 Standard Number of Required Parking Public and Civic Uses Spaces Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any Non-residential use (minimum): 1 4 or 1 per 200, whichever is greater 2 Church:1 per 4 seats Organization, Civic & Fraternal: 1 per 100 3 Governmental and civic uses: 4 Wireless Communication Facility and utility substation: Establishments not listed elsewhere within this subsection: 1 per 200 29 August 2, 2010 13 MINIMUM OFF-STREET PARKING REQUIREMENTS 1 1(iii) Non-residential: For the non-residential components of a mixed use 2project, parking shall be calculated at a minimum of one (1) parking space for each two 3hundred (200) square feet of gross leaseable floor area. 4 2 5Not less than 1 space per 100 square feet of gross floor area for the auditorium, 6plus required parking spaces for any other principal uses, including offices, classrooms, 7meeting rooms, recreation facilities and dwellings. 8 3 9Government owned and operated uses including city hall campuses combining 10multiple offices and services; libraries; community and recreation centers; park 11facilities; utility operations; and essential services: the standards herein for like uses 12shall be used as a guide for designing public facilities, as well as proximity to other 13adjacent public uses and parking, special geographic needs, employees, and proximity to 14residents and potential customers. Required parking for park facilities shall be 15determined by the Director of Recreation and Parks or designee based upon the 16Recreation and Parks Department Strategic Plan. 17 4 18A minimum parking requirement shall not be applicable to Wireless 19Communication Facilities or utility substations. Access and parking areas, separate from 20public or private roadways, must be provided for each project and may utilize parking or 21circulation areas provided as part of a principal use. 22 23(1)Churches, temples, and other places of worship: One (1) parking space 24per four (4) seats in the auditorium, but not less than one (1) parking space per 25one hundred (100) square feet of gross floor area for the auditorium, plus 26required parking spaces for any other principal uses, including offices, 27classrooms, meeting rooms, recreation facilities and dwellings. 28 29(2) Theaters, auditoriums, meeting rooms, and other places of assembly: One 30(1) parking space per four (4) seats, but not less than one (1) parking space per 31one hundred (100) square feet of gross floor area. 32 33(3)Clubs, lodges and fraternal organizations: One (1) parking space per one 34hundred (100) square feet of gross floor area. 35 36c.Government, institutional, and educational uses: 37 38(1)Government and government-owned or -operated uses: Parking 39requirements for like or similar uses in the private sector shall apply. 40 41(2)Community centers: One (1) parking space per one hundred (100) square 42feet of gross floor area. 43 44(3)Libraries and museums: One (1) parking space per three hundred (300) 45square feet of gross floor area. 46 August 2, 2010 14 MINIMUM OFF-STREET PARKING REQUIREMENTS 1(2)Utility plants: One (1) parking space per two (2) employees, but not less 2than one (1) parking space per five hundred (500) square feet of gross floor area; 3plus required parking spaces for any other principal uses, including office floor 4area. 5 6(2)Communications facilities, including broadcasting facilities and telephone 7exchanges: One (1) parking space per one thousand two hundred (1,200) square 8feet of gross floor area, plus required parking spaces for any floor area occupied 9by offices. 10 Section 3. Special Reductions in Required Off-Street Parking. 11 12 13The following provisions to reduce the number of required off-street parking spaces shall be 14utilized individually and not in conjunction with each other or with any other provisions to 15reduce parking within this article: 16 A. Minimum Parking (5% Reduction). 17For all non-residential uses, the total 18number of required off-street parking spaces may be reduced by up to five percent (5%) 19of the standard number of required parking spaces for the use(s) to which they are 20assigned. 21 1.Applicability. 22 This provision to reduce the standard number of required 23parking spaces shall only apply when the following conditions are met: 24 a. 25 The reduction in the number of parking spaces shall not cause the 26development to be noncompliant with Section 2.A above; 27 b. 28 Shall only apply to non-residential uses; and 29 c. 30 Shall not be applied in conjunction with other provisions to 31reduce the number of required off-street spaces pursuant to this article. 32 2. Criteria. 33 The following criteria shall be used in the evaluation of a 34request to reduce the standard number of required parking by five percent (5%): 35 a. 36Landscaped areas within off-street parking areas shall be 37maximized and enhanced, and existing plant material, particularly 38mature shade trees should be preserved to the maximum extent possible, 39to help reduce ground-level absorption of solar radiation. 40 b. 41 Impervious surfaces shall be minimized; and 42 c. 43 Pedestrian connections shall be enhanced. 44 3.Methodology. 45 Where the reduction in the number of required 46parking spaces as computed includes a fraction, the reduced number of parking August 2, 2010 15 MINIMUM OFF-STREET PARKING REQUIREMENTS 1spaces shall be the computed number rounded down to the lowest whole 2number. 3 B. Joint Access / Parking. 4 In all districts, when two (2) or more abutting 5properties combine their on-site parking with common access drives and 6interconnectivity for both vehicular and pedestrian use, the total number of required 7parking spaces may be reduced by ten percent (10%). A review for this type of parking 8reduction shall be conducted by staff upon the submittal of a Cross-Parking Agreement 9between property owners in conjunction with a request for a new site plan or site plan 10modification in accordance with Chapter 2, Article II, Section 5. 11 C. Shared Parking. 12 b. Mixed-use developments may utilize the following 13required parking methodologies requirements based upon shared parking with different 14hours of use. The total requirement for off-street parking spaces shall be the highest of 15the requirement of the various uses computed for the following five (5) separate time 16periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For 17the purpose of calculating the requirement of the various uses for the various separate 18time periods, the percent of parking required shall be calculated and certified signed by 19a licensed traffic engineer using “Shared Parking, Second Edition”, U.L.I., 2005, or 20other acceptable methodology. 21 22Quantitative evidence may also include, where appropriate, field studies and traffic 23counts prepared by a traffic consultant experienced in the preparation of parking 24studies. In addition, a minimum buffer of ten (10) percent shall be provided to ensure 25that a sufficient number of parking spaces are available at the peak hour/peak season of 26parking demand. Calculation of said buffer shall be based on the total number of 27parking spaces determined to be required at the peak hour / peak season of parking 28demand. Evidence for joint allocation of required parking spaces shall be reviewed for 29accuracy and appropriateness. 30 3113.Parking spaces required in this ordinance for one use or structure may be 32allocated in part or in whole for the required parking spaces of another use or structure 33if quantitative evidence is provided showing that parking demand for the different uses 34or structures would occur on different days of the week or at different hours. 35Quantitative evidence shall include estimates for peak hour/peak season parking demand 36based on statistical data furnished by the Urban Land Institute or an equivalent traffic 37engineering or land planning and design organization. Quantitative evidence may also 38include, where appropriate, field studies and traffic counts prepared by a traffic 39consultant experienced in the preparation of parking studies. In addition, a minimum 40buffer of ten (10) percent shall be provided to ensure that a sufficient number of parking 41spaces are available at the peak hour/peak season of parking demand. Calculation of 42said buffer shall be based on the total number of parking spaces determined to be 43required at the peak hour/peak season of parking demand. Evidence for joint allocation 44of required parking space shall be submitted to the technical review board, and approval 45of joint allocation of required parking spaces shall be made by the City Commission, 46after review and recommendations by the planning and development board. 47 August 2, 2010 16 MINIMUM OFF-STREET PARKING REQUIREMENTS a. 1Parking for mixed-use developments may utilize shared parking ratios, 2consistent with those prepared by ULI - the Urban Land Institute. Supporting 3documentation from this standard book shall be presented with a shared parking analysis 4at the time of technical site plan approval. 5 6(2)For parcels of land zoned for Mixed Use - High Intensity (MU-H), the following 7minimum parking requirements shall be applicable to mixed use developments: 8 9(i)Residential dwelling units: 1.33 parking spaces for each one (1) bedroom 10unit and 1.66 parking spaces for each two (2) or more bedroom unit. 11(ii)Hotel: One (1) parking space for each hotel unit. 12 13(iii)Non-residential: For the non-residential components of a mixed use 14project, parking shall be calculated at a minimum of one (1) parking space for 15each two hundred (200) square feet of gross leaseable floor area. 16 172. Off-street parking. One and one-half (ll/2) parking spaces shall be provided for 18each two (2) employees on a maximum shift. In addition, visitor parking shall be 19provided which is deemed adequate to serve the needs of the particular use by the 20planning and development board. 21 22CBD CENTERAL BUSINESS DISTRICT 23 244. Off-street parking and loading space.a.Parking and loading space 25requirements. Parking and loading space requirements and standards shall be as set 26forth in ofSections 11.H., 11.I., and 11.J., of these zoning regulations, as modified by 27the provisions below. 28 29b. Parking space calculations:(1)Parking space requirements shall be 30calculated in accordance with Section 11.H.16. of these zoning regulations, except that 31in the CBD,thefollowing shall apply: 32 33(a)Thenumber of required parking spaces shall be reduced by fifty (50) per 34cent; and 35 36(b)If the property owner or business is unable to provide on-site one- 37hundred (100) percent of the parking spaces required pursuant to Section 3811.H.16. of these zoning regulations, all spaces provided by the property owner 39or business, on- or off-site, shall be maintained as unreserved, unrestricted 40parking available to the public, except designated handicap spaces require by 41law. 42 43(2)Shared parking: When two (2) or more adjacent properties combine their on-site 44parking and construct a shared parking facility with common access drives, the number 45of required parking spaces shall be reduced by an additional ten (10) percent. 46 August 2, 2010 17 MINIMUM OFF-STREET PARKING REQUIREMENTS 1d. Special parking and loading space requirements. The community 2redevelopment agency or City Commission, consistent with the approval 3procedures set forth in Part III, Chapter 4, Land Development Regulations, shall 4modify requirements for parking and loading spaces, and: 5 6(1)Require additional spaces if the requirements are found to be 7insufficient. 8 9(2)Require fewer spaces if quantitative evidence is provided 10substantiating that the requirements are excessive. The community 11redevelopment agency of City Commission shall take into account 12existing parking facilities in the vicinity of the proposed development. 13 D. Martin Luther King Boulevard Overlay Zone 14. a. Parking space 15requirements shall be calculated in accordance with Section 2 above Section 11.H.16 of 16these zoning requirements, and shall be reduced by fifty percent (50%);. 17 E.Payment in Lieu of Parking 18 4. The payment in lieu of parking option is 19applicable within the Central Business District (hereinafter CBD) or subsequent zoning 20districts established to supplement or replace the CBD, and properties, and property 21assembled with properties as one site, that front on that segment of Ocean Avenue 22extending west from the CBD to Seacrest Boulevard. 23 1.Applicability. 24 A.Within this area at the time of any new building 25construction, expansion or modification that creates additional floor area, or 26except where otherwise allowed in Subsection C. off-street parking spaces shall 27be provided as required by this article and Chapter 3, Article III, Secton 2.E. 28Chapter 2. "Zoning" Section 11.H. and Section 6.E. 29 30B.The area measured for purposes of this subsection shall only include the 31floor area designed primarily for public use, and excluded floor area for 32bathrooms, service and food preparation staff, outdoor waiting areas, space 33limited to storage, and areas uninhabitable due to building code requirements or 34other limitations. 35 36C.Minor building expansions equal to or less than two parking spaces shall 37be excluded from the requirements described in Subsection 1 A. above, and for 38minor improvements that exceed the two-space limit but less than 5% of the 39total area of existing improvements, only the increase in building area shall be 40subject to the parking space requirements of Subsection A. above and 41Subsection E. below. 42 43D.Existing parking spaces shall not be eliminated if elimination would 44result in fewer spaces being provided for the existing or new floor area than 45required pursuant to Subsection A. above. 46 August 2, 2010 18 MINIMUM OFF-STREET PARKING REQUIREMENTS 2. Fee (Method of Assessment). 1E. The parking requirement Ten 2percent (10%) of the required parking for new construction, as set forth in this 3subsection, may be satisfied in whole or part by the payment of a nonrefundable 4parking improvement fee in lieu of the provisions of all, or a portion of the 5required off-street parking spaces. Parking improvement fees shall be assessed 6as follows: 7 8The engineer for the applicant shall submit a signed and sealed cost estimate for 9the construction of structured parking spaces. The estimate shall be broken 10down by individual spaces, including design, land, and construction cost. If 11necessary, an outside professional may be retained by the City to review the 12applicant’s cost estimate. The applicant shall pay the retainer fees associated 13with the review of the cost estimate by the City’s consultant. Once reviewed 14and accepted by the City Engineer or designee, the parking improvement fee in 15the amount of 110% of the estimate shall be paid to the City in full, prior to the 16issuance of the first building permit for the project. 17 18$0 per space up to September 30, 2002 19 20$1,000 per space between October 1, 2002 and September 30, 2003 21$2,000 per space between October 1, 2003 and September 30, 2004 22$3,000 per space between October 1, 2004 and September 30, 2005 23$4,000 per space between October 1, 2005 and September 30, 2006 24$5,000 per space between October 1, 2006 and September 30, 2007 25$6,000 per space between October 1, 2007 and September 30, 2008 26$7,000 per spaceafter October 1, 2008 27 28The parking improvement fee shall be due and payable in full at the time that the 29first building permit is issued for the construction, expansion, or modification 30that creates the need for parking spaces or for additional parking spaces, and in 31no event later than the time a certificate of occupancy or business tax receipt is 32issued for the building or use subject to the Section. Parking improvement fees 33shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject 34to use by the City for parking related improvements in the geographic area to 35which this subsection Subsection 4. applies. 36 37g. Payment in lieu of parking. 38 39 (1) When the community redevelopment agency finds that the 40property owner seeking an expansion cannot effectively, efficiently, or 41economically provide for parking required for the expansion, the community 42redevelopment agency may recommend to the City Commission a payment in 43lieu of parking. The payment shall be based on a formula as set forth in 44subsection 11.I.(4) of this Chapter. In approving or disapproving any payment in 45lieu of parking the City Commission shall use the same criteria used by the 46Community Redevelopment agency as stated herein above. 47 August 2, 2010 19 MINIMUM OFF-STREET PARKING REQUIREMENTS 1 (2) The community redevelopment agency shall make the 2following findings prior to authorizing a payment in lieu of parking: 3 4 (a) The number of off-street parking spaces required to be 5provided for a development by the Land Development Regulations. 6 7 (b) The maximum number of spaces which can be provided by 8the development in a manner which effectively serves the development, is cost- 9efficient, and is consistent with the intent of the CBD zoning district. 10 11 (c) The number of parking spaces that the community 12redevelopment agency determines can reasonably be accommodated in 13municipal parking facilities, either existing or planned to be constructed within 14five (5) years after authorization of the payment in lieu of parking. 15 16 (d) The current capital cost of providing required parking 17spaces to serve the use contemplated by the payment in lieu of parking. 18 3. Additional Requirements. 19 (3) Whenever a payment in lieu of 20parking is authorized and accepted, the following additional requirements shall 21apply: 22 a. 23 (a) Any off-street parking arrangement satisfied in this 24manner shall run with the land, and any subsequent change of use which 25requires more parking shall require recalculation of the payment in lieu 26of parking fee. 27 b. 28 (b) No refund of payment shall be made when there is a 29change to a use requiring less parking. 30 31(c) The payment in lieu of parking shall be made to the city in one 32lump sum prior to issuance of a building permit. 33 34(d) Funds derived from a payment in lieu of parking shall be deposited 35by the city into a parking trust fund, and unless the applicant consents 36otherwise, shall be used and expended exclusively for the purpose of 37planning, designing, or developing public parking facilities located 38within one thousand (1,000) feet of the development for which the 39payment in lieu of parking was made. The distance requirement 40referenced herein shall be a straight line measurement from a point on 41the boundary line of the property, which is the subject of the application 42to the closest boundary line of the property on which the public parking 43facility is located. 44 4. Parking Trust Fund. 45In addition to land acquisition and the 46construction of parking spaces, the funds collected may be used to inform the 47public about parking resources or transit programs, as well as to promote August 2, 2010 20 MINIMUM OFF-STREET PARKING REQUIREMENTS 1alternative programs intended to alleviate parking congestion, such as the use of 2the City’s trolley system or the construction of bicycle lane facilities. 3 Section 4.Exceptions to Providing Required Off-Street Parking. 4 5 A. Adaptive Re-Use 6 7 1. Applicability 8. (3) For existing structures parcels of land within the 9Central Business District (CBD) or subsequent zoning districts established to 10supplement or replace the CBD, and any parcel or parcels of land assembled by 11unity of title that front on that segment of Ocean Avenue extending west from 12form the CBD to Seacrest Boulevard, no additional parking shall be required 13where: 14 a. 15 (i) The structure is enlarged in a manner not exceeding one 16hundred percent (100%) of the gross floor area; or 17 b. 18 (ii) The capacity of the structure is increased by adding 19dwelling units, floor area, or seats; or 20 c. 21 (iii) The use of a structure is changed. 22 2. Exemptions. 23The following uses are exempt from the provisions of this 24subsection (3) and shall be otherwise required to satisfy the parking 25requirements of this article Section 11.H of this chapter: 26 a. 27 (i) Multi-family residential uses and structures. 28 b. 29 (ii) Churches, temples and other places or worship. 30 c. 31 (iii) Theaters, auditoriums, meeting halls, and other places of 32assembly. 33 d. 34 (iv) Clubs, lodges and fraternal organizations. 35 B. Certificate of Conformity. 36 The minimum number of required off-street 37parking spaces provided for a use or development may be satisfied, in part, if a 38certificate of conformity is issued, due to an expansion of a roadway. See Chapter 2, 39Article II, Section 6.A for the procedures for obtaining a certificate of conformity. 40 C. On-Street Parking. 41 42 1. Applicability. 43The minimum number of required off-street parking 44spaces for a use or project may be satisfied, in part, by the use of on-street 45parking spaces located within the public right-of-way abutting that same lot or 46parcel. 47 August 2, 2010 21 MINIMUM OFF-STREET PARKING REQUIREMENTS 2. Conditions. 1 The provision for on-street parking spaces to be used to 2meet the minimum number of required off-street parking spaces shall be subject 3to the following conditions: 4 a. 5The on-street parking provision is applicable to all existing or 6proposed development located within either the Central Business 7District (CBD), a subsequent zoning district established to supplement 8or replace the CBD, or within a lot or parcel located within the adopted 9Ocean District Community Redevelopment Plan. 10 b. 11 Only the on-street parking spaces located within the public right- 12of-way that abut the frontage of a use or project may be used to count 13toward meeting the minimum number of required off-street parking 14spaces. The on-street parking spaces must be located on the same side 15of the street as the subject use or project. 16 c. 17 The design of the on-street parking spaces must be approved by 18the City Engineer in order to satisfy parking demand according to 19Section B.1 herein; and 20 d. 21 On-street parking spaces utilized under this provision shall not be 22reserved, temporarily or permanently, for any given use. 23 Section 5.Other Parking Regulations. 24 25 A. Maximum Number of Provided Parking. 26 For all non-residential uses, the 27total number of provided off-street parking spaces shall not exceed the thresholds as 28established below: 29 1. Thresholds. 30 The gross floor area of the building expressed in square 31feet; 32 33 Building Size Maximum Number of 34 (Cumulative)Provided Parking 35 0 to 10,000 s.f. No more than 15% of standard 36 10,0001 to 50,000 s.f. No more than 10% of standard 37 Greater than 50,000 s.f. No more than 5% of standard 38 39 2. Methodology. 40 Where the increase in the number of provided parking 41spaces as computed includes a fraction, the increase in parking spaces shall be 42the computed number rounded down to the lowest whole number. 43 3. Exemption: 44 Any project within an established “Mixed-Use” district is 45exempt from this maximum parking restriction, provided that the parking 46provided is located within a parking garage or structure. 47 August 2, 2010 22 MINIMUM OFF-STREET PARKING REQUIREMENTS B. Handicap Accessible Off-Street Parking. 1 K.Handicap requirements. 2 1.Applicability. 3 All parking lots shall meet or exceed State Handicap 4Code requirements, and comply with the Standard Florida Building Code and 5the county-wide amendments thereto. 6 72. All residential district parking spaces (surface, covered, enclosed) 8required pursuant to the Florida/ Federal Fair Housing Act shall comply with the 9mandatory requirements of the Act. There shall be provided off-street 10handicapped parking spaces available at the time of the erection of any structure 11of any structure or the enlargement of any structure. 15.There shall be 12provided off-street handicapped parking spaces consistent with Chapter 23, 13Article II.K of the Boynton Beach Land Development Regulations at the time of 14the erection of any structure or the enlargement of any structure. 15 2.Table 4-7. Handicap Accessible Parking Requirements. 16 17 Total Spaces Min. Accessible Up to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% Over 1,000 * 18 19 Source: Florida Building Code (Florida Building Code should be reviewed for current 20 requirements) 21 22*20 spaces plus one (1) space for each 100 over 1,000 23 24In addition to the above parking requirements, the Florida Building Code 25requires additional accessible spaces for medical uses that provide out-patient 26treatments or services for persons with mobility impairment. 27 28The design and maintenance of accessible parking spaces and signage shall be in 29accordance with the Florida Building Code. All required handicap accessible 30parking spaces shall be provided on-site. 31 C.Permanent Reservation of Off-Street Parking Spaces. 32 K.PERMANENT 33RESERVATION OF SPACES. Area reserved for off-street parking or loading, in 34accordance with the requirements of this section, shall not be reduced in area or changed 35to any other use unless equivalent off-street parking or loading is provided in 36accordance with this section. August 2, 2010 23 MINIMUM OFF-STREET PARKING REQUIREMENTS 1 Section 6. Penalties. 2 3 4The City or any other legal authority shall enforce any violation of this article pursuant to the 5penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 6Regulations. 7 8 9 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 4 Site Development Standards\Final\Amended\Article V Minimum Off-Street Parking 10 Requirements.doc August 2, 2010 24 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS ARTICLE VI. PARKING LOT, VEHICULAR USE AREAS, AND LOADING 1 STANDARDS 2 3 Section 1. General. 4 5 A. Purpose and Intent. 6The purpose of the article is to provide standards for well- 7designed vehicular use areas for the citizens, businesses, and visitors of the City. It is 8the intent of these regulations to ensure the provision of driveway access, queuing and 9stacking of vehicles, site circulation, and loading / service areas that are designed for the 10safety and welfare of motorists and pedestrians. These design standards are also 11intended to relieve traffic congestion on the streets and to minimize any detrimental 12effects on adjacent properties. Section 1. Purpose and Objectives.A. 13Purpose. The purpose of this section chapter is to provide a set of regulations to govern 14the design, construction, and maintenance of parking lots within the City of Boynton 15Beach. It is intended that these regulations provide a minimum set of standards to be 16followed when parking lots are constructed in order to protect the health, safety, and 17welfare of the public. Furthermore, the City of Boynton Beach recognizes the 18relationship of these regulations to the goals and objectives of the comprehensive plan. 19B. Objectives. The objectives of these regulations include, but are not limited 20to, the following: 21 1.Safety. 22 To provide a maximum degree of safety and protection 23for the public through the orderly design of parking lots; 24 2.Nuisance. 25 To provide for a standard for construction which results in 26a relatively durable and nuisance free parking lot; 27 3.Impact. 28 To reduce the negative environmental impacts which may 29result from parking lot construction; 30 4.Storm Water. 31To provide for storm water retention on site; 32 5.Handicap Accessibility. 33 To provide for parking lots which are 34constructed in such a manner that the physically handicapped are not 35discriminated against; and 36 6.Order. 37 To permit the land owner to benefit from his ownership 38by providing for orderly parking lot design and construction consistent with the 39public health, safety and welfare. (Ord. No. 96-63, § 1, 1-21-97) 40 B. Administration. 41 The City Engineer shall have the authority to interpret and 42administer this article. 43 C. Applicability. 44 The provisions of this article shall apply to all new 45construction, major modifications to existing sites in connection with site plan review 46(Chapter 2, Article II, Section 2.F), and minor modifications to building or site elements 47that are regulated by this article, excluding those buildings and site improvements November 9, 2010 1 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1exempted in Section 1.D below. Furthermore, the regulations contained herein shall be 2applicable to all permanent parking lots constructed or reconstructed in the City. In 3order to clarify the applicability of these regulations, compliance is required under any 4of the following conditions: 5 1. Existing Building. 6 When a parking lot serves an existing building(s) 7where such building(s) is proposed to be enlarged or when an additional 8building(s) is proposed to be constructed; 9 2. Change in Occupancy. 10When a change in building occupancy 11occurs as defined in the Florida Building Code; 12 3. Change in Use. 13When a change in use occurs, resulting in 14additional parking being required as noted in Chapter 4, Article V of these Land 15Development Regulations; 16 4.Landscape Code. 17 When compliance with the landscaping code is 18required (see Chapter 4, Article II); 19 5. Parking Lot Expansion. 20 When an existing parking lot is expanded 21by 25% or more in parking stalls beyond what was originally approved. When 22any new parking stalls, driveways, access aisles or parking lots are proposed, 23these newly constructed areas as well as the existing parking spaces must 24comply with the requirements of this article. 25 26Except within the Community Redevelopment Area boundaries, these regulations shall be applicable to all 27permanent parking lots constructed or reconstructed in the city. In order to clarify the applicability of these 28regulations, compliance is required under any of the following conditions: 29 30 A. When a parking lot serves an existing building(s) where said building(s) is proposed to be enlarged or 31when an additional building(s) is proposed to be constructed; 32 33 B. When a change in building occupancy occurs as defined in the Standard Building Code; 34 35 C. When a change in use occurs which results in additional parking being required as noted in Chapter 2, 36Section 11.H.16 of these Land Development Regulations; 37 38 D. When compliance with the landscaping code is required; 39 40 E. Reserved; 41 42 F. When an existing parking lot is expanded by twenty-five (25) per cent or more in parking stalls beyond 43what was originally approved; and 44 45 G. When any new parking stalls, driveways, access aisles or parking lots are proposed, these newly 46constructed areas must comply with the requirements of this chapter. 47(Ord. No. 01-47, § 2, 8-7-01) November 9, 2010 2 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1 D. Exemptions. 2 The following building and site improvements shall be exempt 3from the permitting requirements and standards of this article: 4 1.Single-family or Duplex Home. 5 The construction of a single-family 6or duplex dwelling unit on an individually platted lot within single-family or 7two-family residential zoning districts, notwithstanding the off-street parking 8and driveway requirements of Chapter 4, Article V, Section 2.B. See Section 92.A.2 below regarding the construction of new impervious surfaces with respect 10to these types of lots and the requirement for approval of a land development 11permit. 12 2. Exempted Buildings. 13 Buildings exempt from local building 14permits or government review pursuant to State of Florida or Federal Statutes; 15 3.Temporary Trailer. 16 When temporary construction or storage trailers 17are proposed where the public is not invited; 18 4.Temporary Vehicles. 19 When the parking of equipment or work 20vehicles or the storage of materials is proposed; 21 5.Minor Site Modification. 22 When the number of parking stalls in an 23existing parking lot is expanded by less than 25% beyond what was originally 24approved and no building(s) is proposed to be enlarged or constructed, the 25existing portion of the parking lot need not comply with the requirements of this 26article; however, any newly constructed areas must comply with the 27requirements of this article; 28 6.Garages. 29 When a multi-family residential development is proposed 30and is designed to include units containing garages served by driveways, then 31these units shall be exempt from the requirements of this article. This 32exemption shall not apply to multi-family units that do not contain garages; 33 7.Normal Maintenance. 34 When the proposed improvements are of a 35maintenance nature such as repairs to existing lot(s), re-striping, overlays, 36drainage improvements, etc.; 37 8.Upgrades. 38 When the proposed improvements are upgrades to 39existing lot(s) such as lighting, curbs, landscaping, irrigation, sidewalks, and 40drainage; or 41 9.Central Business District. 42 When an improvement or property in the 43Central Business District or which fronts on that segment of Ocean Avenue 44extending west from the Central Business District to Seacrest Boulevard 45involves either a change in use and/or a minor improvement. 46 47Section 3. Exemptions. November 9, 2010 3 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1A.Exemptions. 2These regulations shall not be applicable under the following conditions: 31.When temporary office trailers are proposed where the public is not invited; or 42.When temporary construction or storage trailers are proposed where the public is not invited; or 53.When the parking of equipment or work vehicles or the storage of materials is proposed; or 64.When the number of parking stalls in an existing parking lot is expanded by less than twenty-five 7(25) per cent beyond what was originally approved and no building(s) is proposed to be enlarged or 8constructed, the existing portion of the parking lot need not comply with the requirements of this chapter. 9However, any newly constructed areas must comply with the requirements of this chapter; or 105.When a multi-family residential project is proposed and is designed to include units containing 11garages served by driveways, then these units shall be exempt from the requirements of this chapter. This 12exemption shall not apply to multi-family units that do not contain garages; or 136.When proposed modifications or renovations would not increase the number of dwelling units in an 14existing residential project; or 157.When the proposed improvements are of a maintenance nature such as repairs to existing lot(s), re- 16striping, overlays, drainage improvements, etc.; or 178.When the proposed improvements are upgrades to existing lot(s) such as lighting, curbs, 18landscaping, irrigation, sidewalks, and drainage. 199.When an improvement or property in the Central Business District or which fronts on that segment 20of Ocean Avenue extending west from the Central Business District to Seacrest Boulevard involves either a 21change in use and/or a minor improvement. For the purpose of this subsection, minor improvement means 22minor building expansions which would otherwise generate the need for two or less parking spaces or 23improvements which would generate more than two additional parking spaces, but which are less than five 24(5%) percent of the total area of existing improvements. 25(Ord. No. 96-63,§ 2, 1-21-97; Ord. No. 00-64,§ 3, 12-5-00; Ord. No. 01-33,§ 2, 7-17-01) 26 E.Terms and Definitions. 27 See Chapter 1, Article II for all applicable terms 28and definitions which pertain to the regulations and standards contained herein. 29 F. Conflict. 30 Whenever the regulations and requirements of this code are at 31conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or 32laws, the most restrictive shall apply, unless otherwise stated herein. 33 G. Relief from Standards. 34 In addition to the regulations of this article, all 35lands shall be improved in conformance with the minimum standards as set forth in the 36current Engineering Design Handbook and Construction Standards or latest supplement 37thereof. Unless described otherwise, any deviation from the parking lot, vehicular use, 38and loading standards contained herein or within the Engineering Design Handbook and 39Construction Standards requires the approval of a waiver application, which is subject to November 9, 2010 4 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1review and approval by the City Engineer. A request for a waiver shall be reviewed in 2accordance with Chapter 2, Article III, Section 5. 3 Section 2. City Approval Required. 4 5 6No off-street parking, vehicular use areas, or loading zones shall be constructed, added to, or 7modified without first securing the necessary City approvals and permits as provided hereunder, 8except in instances when exempt from these regulations in accordance with Section 1.D above. 9The following processes and permits are intended to ensure that all construction activity 10complies with the standards of this article: 11 A. Private Property and Public Lands. 12 The property owner or agent shall 13file the following applications prior to commencement of any of the aforementioned 14improvements: 15 1. Site Plan Review. 16 The site plan review process shall be required and 17reviewed in accordance with the procedures set forth in Chapter 2, Article II, 18Section 2.F prior to the issuance of any land development permit. For the 19purposes of this subsection, the term “site plan” is construed to include master 20site plan and technical site plan applications. 21 2. Land Development Permit. 22 The land development permit process shall 23be required, and initiated only subsequent to the approval of a site plan 24application, except in those instances when site plan review is not required. The 25land development permit application shall be processed in accordance with the 26procedures set forth in Chapter 2, Article III, Section 3. The land development 27permit shall also be required for the construction of any new impervious surface 28of 800 square feet or more on any property in the City regardless of zoning 29district, and for any improvement proposed within a city right-of-way that is not 30subject to the city right-of-way permit, as determined by the City Engineer or 31designee. The issuance of a land development permit shall not relieve any party 32from obtaining the necessary permits which may be required by the various 33federal, state, or local government agencies. 34 B. City Right-of-Way Permit. 35 No person shall begin to construct, reconstruct, 36repair, alter, or grade in, or upon, any area within City rights-of-way without first 37obtaining a permit as provided in Chapter 2, Article III, Section 4. 38 Section 3.Standards. 39 40 A. General. 41C. Circulation and parking: All circulation systems and 42parking facilities within a proposed development shall be designed and located in such a 43manner as to comply with the following: 44 1.Movement. 45 A clearly defined vehicular circulation system shall be 46provided which allows free movement within the proposed development while 47discouraging excessive speeds. Vehicular circulation systems shall be separated November 9, 2010 5 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1as much as practicable from pedestrian circulation systems. See “Vehicular and 2Pedestrian Circulation” in Chapter 4, Article III, Section 3.C. for additional 3regulations. 4 2.Points of Access. 5 Access points to peripheral streets shall be 6provided which adequately serve the proposed development and which are 7compatible and functional with circulation systems outside the development. 8 3.Through Traffic. 9 Whenever possible in proposed residential 10developments, living units should be located on residential streets or courts 11which are designed to discourage non-local through traffic. 12 4.Storage Demand. 13 Off-street parking areas shall be provided which 14adequately accommodate maximum vehicle storage demands for the proposed 15development and are located and designed in such a manner so as to serve the 16uses in the proposed development and not create incompatible visual 17relationships. 18 5.Emergency and Service Vehicles. 19 20 a. 21 Safe and efficient access to all areas of the proposed 22development shall be provided for emergency and service vehicles. 23 b. 24 D. Community services: All proposed developments, 25regardless of size, shall be designed, and located in such a manner as to 26ensure the adequate provision of fire and police protection the following 27community services: 28 291. Fire protection; 302. Police protection. 31 6.Sidewalks. 32 Sidewalks shall be provided as required by the city 33regulations. 34 7.Compliance. 35 36 a. 37 Conformance with the city and county thoroughfare plans is 38required. 39 b. 40 Compliance with the Palm Beach County Traffic Performance 41StandardsOrdinance is required. 42 B. Off-Street Parking and Vehicular Use Areas. 43 44 1. General. 45 All proposed off-street parking areas shall conform to the 46design and layout requirements contained herein and the current edition of the 47Engineering Design Handbook and Construction Standards. Off-street parking November 9, 2010 6 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1areas shall be approved according to the procedures contain in the land 2development permit (see Chapter 2, Article III, Section 3). A certificate of 3occupancy for a structure or premises shall not be issued until the required 4parking area has been inspected and approved by the City Engineer or designee. 5 6H. PROVISION OF OFF-STREET PARKING SPACES. 7 8 1. All off-street parking areas shall conform to the design and layout 9requirements of Chapter 23 of the City of Boynton Beach Land Development 10Regulations, and shall be approved according to the procedures contained 11therein 12 132. For all required residential district parking spaces not within an enclosed 14garage, the first parking space shall be the minimum of the current city standard 15for a handicap space exclusive of public or private right-of-way. All other 16spaces where multiple vehicle parking is required shall be provided in 17accordance with current city standards exclusive of public or private right-of- 18way. All spaces, regardless of size, must comply with all provisions of the Land 19Development Regulations, and shall be maintained and drained so as to prevent 20nuisance or danger to the public and/or adjacent property owners. 21 223. A certificate of occupancy for a structure or premises shall not be issued 23until the required parking area has been inspected and approved by the 24development director or his designee. 25 264. Residential driveways shall satisfy the parking space requirements for 27single-family detached dwelling units, duplexes, and multifamily dwelling units 28containing garages, provided such driveways are of sufficient size to meet the 29parking space requirements of this subsection. 30 315. No fewer than four (4) parking spaces shall be provided for any 32nonresidential use. 33 346. Stabilized sod may be substituted for up to fifty (50) per cent of the 35required parking spaces, where eighty (80) per cent or more of the parking 36demand falls within a twenty-four-hour period each week. Sod may be 37substituted only for the area of parking stalls. All driveways, aisles, and 38maneuvering areas shall be hard-surfaced and shall conform to the design 39requirements contained in Chapter 23 of the City of Boynton Beach Land 40Development Regulations. Sod parking stalls shall have a base consisting of not 41less than eight (8) inches of stabilized shell rock, lime rock, or sand, or an 42equivalent material as approved by the development director. Sod parking areas 43shall have dimensions equivalent to the dimensions of paved parking areas with 44ninety (90) degree parking stalls and two-way traffic in aisles, as specified in 45Chapter 23 of the City of Boynton Beach Land Development Regulations. 46 November 9, 2010 7 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 17. Parking space requirements shall be computed on the basis of the principal 2use of a structure or lot, and using gross floor area unless stated otherwise in 3paragraph 16 of this subsection. Gross floor area, for the purposes of this 4subsection, shall include the floor area occupied by the principal use, plus the 5floor area occupied by all accessory uses, including storage rooms, maintenance 6and mechanical rooms, offices, lounges, restrooms, lobbies, basements, 7mezzanines, and hallways. 8 98. Where several principal uses exist in one structure or on one lot, parking 10space requirements shall be computed separately for each principal use, unless 11stated otherwise in paragraph 16 of this subsection. Where parking spaces are 12required in paragraph 16 for each of several principal uses that commonly occur 13together, this is done for the purpose of clarification only, and shall not limit the 14application of the requirement contained in this paragraph. 15 169. A use shall be considered a principal use, for the purposes of this 17subsection, if it could exist separately from all other uses in the same structure 18or on the same lot, and would by itself generate significant parking demand. 19 2010. Where a use is located in a shopping center, office building, or office- 21retail complex, the parking space requirement for the shopping center, office 22building, or office-retail complex in which it is located shall apply; except that 23where a theater is located in a shopping center the parking space requirement for 24theaters shall apply for the seating or gross floor area of the theater. 25 2611. Where several principal uses exist in one building or part of a building, 27and the floor area of each principal use cannot be clearly delineated, the parking 28space requirement for the use requiring the greatest number of parking spaces 29shall apply. 30 3112. Where a use is not listed below, parking space requirements shall be 32determined by the City Commission after review and recommendation by the 33planning and development board. 34 3513. Parking spaces required in this ordinance for one use or structure may be 36allocated in part or in whole for the required parking spaces of another use or 37structure if quantitative evidence is provided showing that parking demand for 38the different uses or structures would occur on different days of the week or at 39different hours. Quantitative evidence shall include estimates for peak hour/peak 40season parking demand based on statistical data furnished by the Urban Land 41Institute or an equivalent traffic engineering or land planning and design 42organization. Quantitative evidence may also include, where appropriate, field 43studies and traffic counts prepared by a traffic consultant experienced in the 44preparation of parking studies. In addition, a minimum buffer of ten (10) 45percent shall be provided to ensure that a sufficient number of parking spaces 46are available at the peak hour/peak season of parking demand. Calculation of 47said buffer shall be based on the total number of parking spaces determined to November 9, 2010 8 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1be required at the peak hour/peak season of parking demand. Evidence for joint 2allocation of required parking space shall be submitted to the technical review 3board, and approval of joint allocation of required parking spaces shall be made 4by the City Commission, after review and recommendations by the planning and 5development board. 6 714. Where the number of required parking spaces as computed includes a 8fraction, the number of required parking spaces shall be the computed number 9rounded to the next highest whole number. 10 1115. There shall be provided off-street handicapped parking spaces consistent 12with Chapter 23, Article II.K of the Boynton Beach Land Development 13Regulations at the time of the erection of any structure or the enlargement of any 14structure. 15 16CHAPTER 23PARKING LOTS 17 18Article I. In General 19Article II. Required Improvements 20Article III. Prohibited Activity 21 2. Required Surface 22. All areas proposed for parking and / or loading 23shall be improved to provide a paved surface (asphalt or concrete) in accordance 24with the Engineering Design Handbook and Construction Standards. Those 25areas exempted in Section 1.F above shall be surfaced with compactable dust- 26free materials as approved by the City Engineer. Stabilized sod may be 27substituted for up to 50% of the required parking spaces, where 80% or more of 28the parking demand falls within a twenty-four-hour period each week. Sod may 29be substituted only for the area of parking stalls. All driveways, aisles, and 30maneuvering areas shall be hard-surfaced and shall conform to the design 31requirements contained herein. Sod parking stalls shall have a base consisting 32of not less than eight (8) inches of stabilized shell rock, lime rock, or sand, or an 33equivalent material as approved by the City Engineer. Sod parking areas shall 34have dimensions equivalent to the dimensions of paved parking areas with 35ninety 90-degree parking stalls and two-way traffic in aisles, as specified in 36these Land Development Regulations and Engineering Design Handbook and 37Construction Standards. 38 39Section 4. Minimum standards. All areas proposed for parking or storage 40including those instances exempted in Section 3 hereinbefore shall be improved 41to provide a hard, dust-free surface in accordance with city standards.(Ord. 42No. 96-63, § 3, 1-21-97; Ord. No. 02-033, § 4, 8-20-02) 43 44H.DESIGN CRITERIA1.Paving. All paving shall comply with 45specifications and standards set forth and established by the city engineer. 46 November 9, 2010 9 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1Q.Parking lot pavement. Refer to city standards for specific requirements. 2Other types of construction that may be utilized areportland cement concrete, 3paving blocks, and stabilized sod, subject to the approval of the city engineer. 4 3. Minimum Dimensions. 5Off-street parking areas, including the 6back-up distance between parking stalls and the abutting aisle way, shall be 7designed to meet or exceed the dimensional requirements for stalls, driveways, 8and access aisles, as provided for in the Engineering Design Handbook and 9Construction Standards.Maneuvering and access areas shall be of sufficient 10size to allow vehicles to enter and exit the parking stalls and parking lot in a safe 11and efficient manner. In no instance shall parking lots be designed to allow 12vehicles to back out into any public alley or other road right-of-way, or 13segments of private streets that function as local or collector streets. All 14required spaces shall be sized in accordance with the current City standards. 15The dimensions of such required off-street parking spaces shall not include 16public or private rights-of-way, and all spaces must be maintained and drained 17so as to prevent nuisance conditions or a danger to the public and / or adjacent 18property owners. 19 4. Vehicular Traffic Control Markings. 20All traffic signing and 21pavement marking shall comply with the U.S. Department of Transportation 22Federal Highway Administration Manual on Uniform Traffic Control Devices. 23Particular attention is directed toward Section 2A, which contains sign design, 24shape, color, mounting height and other conditions. Fire lanes shall be 25identified with marking and signage in accordance with Section 8 of this article. 26 Parking stalls shall be delineated in accordance with the Engineering Design 27Handbook and Construction Standards. B. Traffic control 1. Plan. 28Each parking lot traffic plan shall provide for stop signs at exits, directional 29arrows, internal traffic signs and information signs where appropriate. It is 30intended by these regulations that the applicant retains the responsibility for the 31proper and efficient movement of traffic onto and/or through the site and that 32additional signing may be required to accomplish the safe movement of traffic. 33The location and type of traffic control devices shall comply with city standards. 34 352. Signing and marking. All traffic signing and pavement marking shall 36comply with the U.S. Department of Transportation Federal Highway 37Administration Manual on Uniform Traffic Control Devices. Particular 38attention is directed toward Section 2A, which contains sign design, shape, 39color, mounting height and other conditions.Fire lane signs shall be maximum 40fifty (50) feet apart; fire lane curbing shall be painted reflective yellow; the 41words Fire Lane shall be painted in three (3) foot high letters {four (4) inch 42brush stroke} every fifty (50) feet using white traffic paint; and No Stopping or 43Standing signs shall be posted. 44 5.Landscaping. 45 C.Landscaping. Each parking lot shall be 46landscaped consistent with Chapter 4, Article II, Section 4 Chapter 7.5, Article 47II, Landscape Code, or in the instance of the central business district, Chapter November 9, 2010 10 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 17.5, Article III, Landscape Code. Landscape material located within off-street 2parking or other vehicular use areas shall be protected with curbing and / or 3wheel stops in accordance with Section 3.B.7 below. 4 6. Irrigation 5. D.Irrigation. All landscaped areas within parking lots 6shall have an automatic irrigation system, approved and permitted through the 7Department of Development. development department. 8 7. Curbs and Car Stop. 9 Parking lot curbs and car stops shall be 10required and constructed in accordance with the Engineering Design Handbook 11and Construction Standards. E.Curbs and car stops. No more than two (2) 12aisles may be traversed without interruption, which shall be accomplished by the 13installation of wheel stops or a raised, continuous curb. Landscaped areas in 14parking lots shall be protected from the encroachment of vehicles by a 15continuous, raised curb, or in the instance of a parking stall, by a wheel stop and 16or a raised continuous curb. Areas to be protected include all pedestrian 17walkways,landscaped islands, landscaping adjacent to parking stalls and 18landscaping adjacent to curvilinear drive-ways where encroachment is likely to 19occur. Curb shall extend six (6) inches above pavement and shall comply with 20city standards utilizing a minimum of twenty-five hundred (2500) psi concrete. 21 8. Drainage 22. F.Drainage. Stormwater shall be contained on site. 23Containment capacity shall be designed for a minimum of two and one-half (2.5) 24inches of rain-fall in one (1) hour. Drainage structures and exfiltration trenches 25shall comply with Chapter 4, Article VIII, Section 3.G, the Engineering Design 26Handbook and Construction Standards and / or minimum city standards or 27standards of the South Florida Water Management District (SFWMD). Catch 28basins Inlets shall be located in grassy areas unless otherwise approved by the 29City Engineer city engineer. Where appropriate, all drainage structures shall 30have sediment-settling basins that can be cleaned regularly of deposits by typical 31means. For impervious areas exceeding twenty-five thousand (25,000) square 32feet, the parking lot and facilities shall be designed and certified by a Florida- 33registered engineer. Maximum storage capacity of soil shall be considered at 34the rate of one (1) inch of water for each six (6) inches of soil above the water 35table. Drainage calculations are required in all instances. The hydrologic 36hydraulic conductivity of soil shall be determined with tests made at the site 37using test procedures recommended by the SouthFlorida Water Management 38District (SFWMD) or other procedures which have been approved by the City 39Engineer city engineer. 40 9. Illumination 41. The lighting levels of off-street parking and loading areas 42shall comply with Chapter 4, Article VII, Section 3.C. 43 44I. Parking lot layout. 1. Dimensions. Parking lots shall be designed to 45meet or exceed the dimensional requirements for stalls, driveways, and access 46aisles as provided for in thecity standards.Separate city standards shall apply 47in the Community Re-development Area boundaries and said Standards shall be November 9, 2010 11 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1in a separate document and shall be known as "City Parking Lot Standards for 2the Community Redevelopment Area" as shown in Attachment "A" of 3Ordinance No. 01-47.2. Access. Each parking lot or parking stall shall have 4sufficient access from a street, alley, or other public or private way. 5Maneuvering and access areas shall be of sufficient size to permit vehicles to 6enter and exit the parking lot and parking stalls in a safe and efficient manner. In 7no instance shall parking lots be designed to allow vehicles to back out into any 8public alley or road rights-of-way, or segments of private streets which function 9as local or collector streets. All angle parking shall have a minimum back-up 10distance of twenty (20) feet between the parking stall and the abutting aisleway 11in accordance withcurrent city standards. 12 13J. Parking garages. Public or private parking garages shall comply with this 14chapter, with the Standard Building Code and with county-wideamendments 15thereto. Where appropriate, security systems may be required. 16 17K.Handicap requirements. All parking lots shall meet or exceed State 18Handicap Code requirements, and comply with the Standard Building Code and 19the county-wide amendments thereto. 20 21L.Parking lot striping. Parking stalls shall be delineatedby double-line, 22painted stripes where parking stalls abut each other, which shall comply with 23city standards. 24 25M.Fire lanes. All shopping centers, retail office complexes and retail 26establishments, including commercial establishments and industrial areas, in 27which the gross floor area of all buildings if fifteen thousand (15,000) square 28feet or greater shall have fire lanes along the front of all buildings which shall 29allow efficient access to the fronts of buildings by fire protection vehicles. Fire 30lanes shall have a minimum pavement width of twenty-two (22) feet. Fire lanes 31shall not be encumbered by parked vehicles, including commercial vehicles, and 32shall not be used for the loading or unloading of commercial vehicles. 33Additionally, fire lanes shall be clearly marked with signs and striping or a 34combination of both, which shall comply with Article II, Section B.2., of this 35chapter. 36 37N.Parcel pickup or customer dropoff lanes. Parcel pickup or customer 38dropoff lanes are permitted outside of the fire lane, if these lanes comply with 39city standards. 40 41O. Parking lot maintenance. Parking lots in the city shall be maintained so as 42to not be a nuisance or hazard to the public, including portions of driveways 43which lie in the right-of-way. 44 10.Sidewalks. 45P.Sidewalks. Sidewalks shall be six (6) inches thick 46through all driveways and shall meet American with Disabilities Act (ADA) 47accessibility code requirements where applicable. See Chapter 4, Article VIII, November 9, 2010 12 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1Section 5 for additional standards regarding sidewalks within the public right- 2of-way. handicap code requirements where applicable. 3 4Q.Parking lot pavement. Refer to city standards for specific requirements. 5Other types of construction that may be utilized are portland cement concrete, 6paving blocks, and stabilized sod, subject to the approval of the city engineer. 7 8R.Stacking space at drive-up openings. Drive-up openings through which 9food is passed shall be served by a drive-through lane which provides a 10minimum of seventy (70) feet of vehicular stacking space which does not 11obstructor restrict in any way the free movement of emergency vehicles, service 12vehicles or any other type of vehicles. See also Chapter 9, Section 11, 13paragraph H. 14 C. Driveway Openings and Access. 15 16 1. Minimum Dimensions 17. Parking lot driveway openings and access 18points shall be designed in accordance with the Engineering Design Handbook 19and Construction Standards. G. Reserved. H. Driveway.1.Width. 20Parking lot driveways shall be a minimum width of twelve (12) feet for one-way 21drives and twenty-five (25) feet for two-way drives, at the right-of-way line. 22Maximum width of any drive at the right-of-way line shall be thirty-six (36) 23feet, unless otherwise approved by the city engineer. 24 2. Drive Radii. 252.Drive radii. Each parking lot driveway shall have 26a radius at the intersection of the vehicular traffic lanes designed in accordance 27with the Engineering Design Handbook and Construction Standards. of twenty- 28five (25) feet or as otherwise approved by the city engineer. 29 3. Distance from Streets. 303.Distance from streets. 31 Parking lot driveway openings shall be separated from intersections in 32accordance with the Engineering Design Handbook and Construction Standards. 33 Parking lot driveways shall be constructed at least thirty (30) feet from 34the intersection of the right-of-way lines along local streets, fifty (50) feet along 35collector streets, and one hundred twenty (120) feet along streets of a higher 36classification. 37 4. Clearance at Parking Stalls. 384. Clearance at parking stalls. 39 A safe and unobstructed space between the side of a parking stall and a 40public / private right-of-way, access aisle, or interior driveway shall be designed 41in accordance with the Engineering Design Handbook and Construction 42Standards. Provide a safe and unobstructed space of eighteen (18) feet in length 43between the side of a parking stall and each of the following: 44 45a.A public or private right-of-way 46 47b.An access aisle November 9, 2010 13 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1 2c.An interior driveway 3 4This requirement does not apply at the egress end of an access aisle or at a 5driveway, access aisle or right-of-way where ninety (90) degree parking is 6provided. 7 5. Clearance at Major Driveways. 8 5.Clearance at major 9driveways. Unless otherwise approved by the City Engineer, the The minimum 10distance from the street right-of-way line at any major ingress or egress 11driveway to any parking stall or to any interior access aisle having direct access 12to such driveway shall be one hundred (100) feet. 13 6. Intersections. 146.Intersectionswith county and state roads. 15Driveways which intersect streets owned and maintained by a governing body 16other than Boynton Beach must be permitted by the proper governing agency, 17prior to issuance of a building permit. 18 7. Maximum Number of Driveways. 197.Number of driveways. A 20property with street frontage is allowed a maximum of two (2) driveway 21openings. The number of driveways may be limited to one (1) opening due to 22factors such as the length of the street frontage; distance between driveway 23openings; location of driveway openings on abutting properties; or other 24extenuating circumstances deemed substantial by the City Engineer. 25 26A property with frontage along two (2) or more rights-of-way may be permitted 27additional driveway openings, depending on traffic volumes, but in no case shall 28there be more than two (2) openings allowed on any given street. Except along 29the west side of NE 6th Street, north of Ocean Avenue, no more than two (2) 30driveways shall be permitted from any property. Where properties abut more 31than one (1) public or private right-of-way, additional driveways may be 32permitted depending upon traffic volumes, but in no instance shall the number 33of driveways exceed two (2) on each street. 34 8. District Standards. 35 36 a. PID Planned Industrial Development Districts 37. 3. 38Driveways. In the interest of public safety, no more than two (2) 39driveways shall be permitted on to any single perimeter public right-of- 40way, and interior driveways shall be limited to no more than two (2) per 41developable parcel and interior driveways In addition to the minimum 42general standards stated above, driveway openings shall be located no 43closer than one hundred and fifty (150) feet from center line to center 44line. 45 November 9, 2010 14 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS b. All “Mixed Use-Urban” Districts. 1 9. Access. Driveway 2openings Vehicular access shall not be directly from an arterial roadway 3where sufficient alternative access is available. 4 D. Standards for Off-Street Loading Areas. 5 6 1. General. 72.The following spaces shall be provided for the 8uses indicated: a. Unless a waiver is granted by the City Engineer, every 9Every hospital, institution, hotel, commercial or industrial building, or similar 10use, requiring the receipt or distribution by vehicle of materials or merchandise 11by oversized vehicles, shall have sufficient permanently maintained off-street 12loading space so as not to hinder the free movement of vehicles and pedestrians 13over parking areas, a street, or sidewalk. 14 15b.All structures requiring the pickup of large quantities of garbage or trash 16shall provide an easily accessible area for the pickup and delivery of a dumpster 17or other trash receptacle; all such areas shall be so designed that garbage and 18trash pickup can be accomplished without excessive maneuvering such as 19turning around and backing up. 20 21b. Off-street loading. Every hospital, institution, hotel or commercial 22building or similar use requiring the receipt or distribution by vehicle of 23materials or merchandise shall have one (1) off-street loading bay for each 24twenty-five thousand (25,000) square feet of gross floor area or fraction thereof. 25 Off-street loading areas shall be designed in such a manner as to screen from 26view at ground level, parked vehicles, a materials handling facilities including 27compactors or dumpsters. For the purposes of this section, screening is defined 28as a solid stucco masonry wall painted on both sides. 29 30N.Parcel pickup or customer dropoff lanes. Parcel pickup or customer 31dropoff lanes are permitted outside of the fire lane, provided that they do not 32hinder the movement of vehicles or pedestrians if these lanes comply with city 33standards. 34 2. Minimum Dimensions. 35J. OFF-STREET LOADING: 1. 36 For the purpose of this ordinance, the term “off-street loading or unloading 37space” shall mean a vehicular loading space constructed of a hard surface and 38shall consist of a space with dimensions not less than twelve (12) feet in width, 39thirty-five (35) feet in length and fourteen (14) feet in height, exclusive of 40access aisles, maneuvering space, or alley right-of-way. S. Loading zone. 41All parking lots subject to the requirements of Chapter 2, Section 11.J, shall 42provide a marked, twelve (12) foot by thirty-five (35) foot loading space for the 43receipt and/or distribution of materials. (Ord. No. 96-63, §§ 4, 5, 6, 7, 1-21-97; 44Ord. No. 97-28, §§ 1, 2, 7-1-97; Ord. No. 01-47, § 2, 8-7-01; Ord. No. 02-033, 45§§ 3, 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03) 46 November 9, 2010 15 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 3. Modifications. 1 A required loading bay or zone shall neither be 2reduced in size causing it to be non-conforming nor shall the use of it change 3thereby failing to meet the goals and objectives of the original, unless it is 4replaced with an equivalent loading area or zone. 5 4. District Standards. 6In addition to general requirements in Section 5.A. 7above, additional loading areas may be required within developments zoned 8Planned Commercial Development (PCD). The number of required loading 9areas shall be based upon the size of the development, types of uses, and 10configuration of the buildings. Additional buffering may be required at the 11discretion of the Director of Planning & Zoning to ensure that such areas are 12adequately screened from view. 13 14ARTICLE III. PROHIBITED ACTIVITY Sec. 1. Prohibited activity. 15Major and minor motor vehicle or boat repair, including oil changes, adding of 16oil or lubricants, and installation of new tires, is prohibited in public parking lots 17or spaces, and commercial parking or loading areas and is declared to be a 18public nuisance. Commercial property owners engaged in the sale of motor 19vehicle or boat parts, oils, or lubricants, shall post notices within their premises 20in close proximity to check out counters or exit doors notifying customers of this 21prohibition. Violations of this provision of the code is subject to enforcement 22through code enforcement action, nuisance abatement action, municipal 23ordinance violation, or action for injunctive relief. Law enforcement officers are 24authorized to issue notice to appear for violation of this section. (Ord. No. 99- 2501, § 1, 1-5-99 26 5. Community Design. 27See Section 4.B of this article for additional 28regulations related to off-street loading areas. 29 E. Dumpsters and Solid Waste Removal. 30 31 1. General. 32 b. In accordance with this section and Part II, 33Chapter 10 Garbage, Trash, and Offensive Conditions, all uses All structures 34requiring the pickup of large quantities of garbage or trash shall provide an 35easily accessible area for the pickup and delivery of a dumpster or other trash 36receptacle; all such areas shall be so designed that garbage and trash pickup can 37be accomplished without excessive maneuvering such as turning around and 38backing up. 39 2. Parking. 40 No dumpster enclosure or trash receptacle shall be located 41in a parking space. 42 3. Minimum Dimensions. 43 The size of the dumpster enclosure shall be 44constructed in accordance with Engineering Standard Drawing G-4 of the 45Engineering Design Handbook and Construction Standards of latest supplement 46thereof. 47 November 9, 2010 16 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 4. Screening. 1 8. Dumpster location. Dumpsters shall be adequately 2screened from view in accordance with the provisions of the Land Development 3Regulations, or compatible with the surrounding environment if located out of 4view from the general public (see also “Landscaping” in Chapter 4, Article II, 5Section 6.G). 9. Service areas and dumpsters: 6 7a. Dumpsters shall be placed on a concrete pad, of at least one hundred (100) 8square feet. 9 10b. Service areas and dumpsters shall be screened from view by walls at least 11six (6) feet high, landscaped with shrubs and/or vines. 12 5. Community Design. 13 See Section 4.C of this article for additional 14regulations regarding dumpster enclosure areas. 15 F. Queuing and Stacking. 16 17 1. Minimum Dimension. 18 Unless otherwise approved by the City 19Engineer, drive-through facilities for banks, pharmacies, restaurants, and the like 20shall provide a minimum distance of 70 feet for vehicular stacking purposes. 21Gasoline stations shall provide a distance of 30 feet at each end of the pump 22island. Queuing shall be measured from the front of the stopped vehicle that 23would be located at the point of ultimate service to the rear of the queuing lane. 24The queuing lane(s) shall not obstruct or impede the free movement of fire, 25emergency or services vehicles, or the general vehicular circulation throughout 26the site. 27 2. By-Pass Lane. 28 Where deemed appropriate by the City Engineer, a 29by-pass lane shall be provided before or around the point of service of a drive- 30through facility. A by-pass lane may not be required if the queuing lane is 31adjacent to a vehicular use area which functions as a by-pass lane. The by-pass 32lane shall be clearly designated and distinct from the queuing area. 33 3. Drive-Through Facilities. 34 35 a. Community Design Standards. 36 See Chapter 4, Article III, 37Section 3.A.10 for additional community design standards regarding 38drive-through windows. 39 b. Conditional Use Approval. 40 See Chapter 3, Article IV, Section 413.B.6 for additional regulations regarding the requirement for 42conditional use approval. R.Stacking space at drive-up 43openings. Drive-up openings through which food is passed shall be 44served by a drive-through lane which provides a minimum of seventy 45(70) feet of vehicular stacking space which does not obstruct or restrict 46in any way the free movement of emergency vehicles, service vehicles November 9, 2010 17 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1or any other type of vehicles. See also Chapter 9, Section 11, paragraph 2H. 3 G. Fire Lanes. 4 The Fire Marshall may require a fire lane along the front of any 5non-residential building greater than 15,000 square feet or any multiple-family / mixed 6use building, in order to allow for the efficient movement and access of fire or 7emergency vehicles / personnel. Fire lanes shall be separate from off-street loading 8zones or loading areas and shall not be encumbered by any parked or standing vehicles. 9 Designated fire lanes shall be clearly marked with adequate pavement marking and 10signage. The fire lane dimensions, pavement markings, and signage shall be designed in 11accordance with the Florida Fire Prevention Code and Engineering Design Handbook 12and Construction Standards. M.Fire lanes. All shopping centers, retail office 13complexes and retail establishments, including commercial establishments and 14industrial areas, in which the gross floor area of all buildings if fifteen thousand 15(15,000) square feet or greater shall have fire lanes along the front of all buildings 16which shall allow efficient access to the fronts of buildings by fire protection vehicles. 17Fire lanes shall have a minimum pavement width of twenty-two (22) feet. Fire lanes 18shall not be encumbered by parked vehicles, including commercial vehicles, and shall 19not be used for the loading or unloading of commercial vehicles. Additionally, fire 20lanes shall be clearly marked with signs and striping or a combination of both, which 21shall comply with Article II, Section B.2., of this chapter. 22 Section 4. Community Design. 23 24 A. General. 25 26 1. Purpose and Intent. 27The purpose of this section is to promote harmony 28with nature and a pleasant and comprehensible cohesiveness among 29development within the City. Through enforcement of the Community Design, 30the local elected officials shall determine the basic aesthetic character to be 31achieved in the development of the community. 32 2. Administration. 33 The Director of Planning and Zoning shall have 34the authority to coordinate, interpret, and administer this section. 35 3. Relief from Standards. 36 Any deviation or variation from the 37regulations of this section requires the approval of a Community Design Appeal 38(CDPA) in accordance with Chapter 2, Article II, Section 4.B. 39 B. Off-Street Loading. 40Off-street loading areas shall be designed in such a 41manner as to screen parked vehicles from view at ground level. In no instance shall a 42loading space front along a public right-of-way. These facilities shall be adequately 43screened from residential districts. 11.Off-street loading. In no instance shall off- 44street loading facilities front on a public right-of-wayand in no event shall these 45facilities be located within eyesight of residential district. 46 November 9, 2010 18 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1C. Service Areas. 1. Unloading and loading areas shall be screened from 2streets and public view by a buffer wall or continuous vegetative buffer in accordance 3with Chapter 4, Article II, Section 6.E. Vegetative buffers shall be comprised of shrub 4and tree species having dense foliage and of a size and spacing to form a continuous 5screen of plant material as required by the Landscape Code. 6 C. Dumpsters and Trash Receptacles. 7 2.All dumpsters and recycling 8receptacles shall be located on site so that they are easily accessible for pickup. 9 103. All dumpsters, recycling receptacles and lift stations shall be screened from public 11view with a six foot high, concrete block stuccoed wall. Such enclosure openings shall 12have gates. All dumpsters, recycling receptacles, lift stations and the like shall be 13screened from public view with a minimum six (6) foot high stuccoed masonry wall. 14The gates of the enclosure shall be screened to obscure a view into the interior of the 15enclosure. The walls of the enclosure shall be painted to match the color(s) of the 16principal structures on-site and have landscape material planted in accordance with 17Chapter 4, Article II, Section 6.G. 18 19Within the Infill Planned Unit Development (IPUD) and all “Mixed-Use Urban” 20districts, dumpsters or trash containers shall not be located within setbacks abutting 21single-family residential developments. 22 D. Off-Street Parking Areas and Parking Garages. 23 Public or private off-street 24surface parking lots, understory parking, and all types of parking garages shall comply 25with this section, the Florida Building Code, and with county-wide amendments thereto. 26 Where appropriate, security systems may be required. 27 1. On-Site Parking. 28 Required parking spaces for all residential uses 29shall be located on the same lot or development as the dwelling to be served. 30Parking spaces for non-residential uses may be located off-site but only in 31accordance with Section 9.D.2 below. 32 a. District Regulations. 33 The location and appearance of on- 34site parking facilities shall comply with Chapter 4, Article III, Section 353.C. 36 b. Large Non-Residential (Big Box) Development Regulations. 37 38 The location of off-street surface parking areas for large non- 39residential (big box) developments are further regulated in accordance 40with Chapter 4, Article III, Section 3.I. 41 2. Off-Site Parking. 42For all non-residential uses, required parking 43spaces may be located off-site, provided that they are located on property owned 44or leased by the use in which to serve. 45 a. Method of Measurement. 46The distance requirement shall be a 47straight line measurement from a point on a boundary line of the November 9, 2010 19 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1property which is the subject of the application, to the closest boundary 2line of the property on which the leased parking located. The property, 3which is the subject of the application, shall be posted with signage 4indicating to patrons the location of the leased parking. 5 b. Maximum Distance. 6 7 8(1) Within all “Urban Mixed-Use” districts, the CBD district, 9and the Martin Luther King Jr. Boulevard Overlay Zone, parking 10spaces may be located off-site but in no case, shall they be 11further than 1,000 feet from the use in which to serve. 12 13(2) Within all other non-residential districts, required 14parking spaces shall be located within 300 feet of the use in 15which to serve. 16 c. Lease Arrangements. 17 Lease arrangements to provide 18required parking spaces shall be subject to approval by the applicable 19Advisory Board after review and recommendation by staff. 20 3. Interconnectivity. 21 In order to increase the efficiency of parking 22provision and vehicle circulation, parking facilities shall be interconnected 23wherever possible. All sites, including parking Parking facilities, drive aisles, 24and pedestrian sidewalks shall wherever feasible, be designed for future 25connection to an adjoining parcel where an existing connection cannot be 26established. 27 4. Required Off-Street Parking Calculations, By Use. 28 Parking 29calculation requirements for all uses shall be as set forth by Chapter 4, Article 30V, Section 2. 31 5. Shared Parking. 32Parking space requirements of two (2) or more 33uses of the same or different types may be satisfied by the allocation of the 34requirement number of spaces for each use in a common parking facility. Joint 35allocation among several uses of a lesser number of parking spaces may be 36permitted in accordance with Chapter 4, Article V, Section 3.C. 37 Section 5. Penalties. 38 39 40The City or any other legal authority shall enforce any violation of this article pursuant to the 41penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 42Regulations. 43 44Section 6. Non-compliance. November 9, 2010 20 PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS 1A.Stoppage of work. Failure to comply with the plans of record or other city ordinances shall result in an 2order to stop work from the development director or his or her designee. Damage to public property resulting 3from work performed may result in a stop work order if a threat exists to the health and safety of the public. 4B.Fines and penalties. In addition to the remedies afforded in Section 6 above, the city may enforce the 5provisions of this chapter as follows: 61.Violation of the provisions of this chapter shall be a misdemeanor of the second degree, punishable 7by up to sixty (60) days in jail and/or a five hundred dollar ($500.00) fine, and the city may prosecute violations 8of this chapter as such. 92.The city may seek a mandatory injunction with the circuit court of the Fifteenth Judicial Circuit in 10and for Palm Beach County to enjoin violations of this chapter. Any violation of this chapter shall result in the 11authority to enjoin said nuisance by injunction, and may require that the land upon which the violation has been 12committed be returned to its condition, prior to the violation, or as close thereto as reasonably possible. 13Further, any party creating a violation of this chapter or nuisance resulting from a violation of this chapter shall 14be responsible for all of the city's costs, including attorney's fees, for bringing any injunctive action pursuant to 15this section. 163.The city may prosecute violations of this chapter through the city's code compliance board. 174.None of the above-listed remedies shall be considered to be mutually exclusive, and the city may 18pursue any or all of the above-listed remedies in conjunction with each other. 19(Am. Ord. No. 97-51,§ 2, 11-18-97; Ord. No. 02-033,§ 4, 8-20-02) 20 21 23 22 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 4 Site Development Standards\Final\Amended\Article VI Parking Lot, Vehicular Use 24 Areas,and Loading Standards.doc November 9, 2010 21 EXTERIOR LIGHTING STANDARDS ARTICLE VII. EXTERIOR LIGHTING STANDARDS 1 2 Section 1. General. 3 4 A. Purpose and Intent. 5It is the intent of this article to preserve, protect, and 6enhance the lawful nighttime use and enjoyment of any and all property through the use 7of appropriate lighting practices and systems. Such individual fixtures, luminaries and 8lighting systems are designed, constructed, and installed to: control glare and light 9trespass, minimize obtrusive light, eliminate the increase of lighting levels on competing 10sites, provide safe roadways for motorist, cyclists and pedestrians, conserve energy and 11resources while maintaining safety, security and productivity, and curtail the 12degradation of the nighttime visual environment. 13 14B. Lighting. 15 161. Electric outlets. Every habitable room shall have adequate electric outlets and/or 17fixtures properly connected to an adequate source of electric power. 18 192. Light fixtures. Every bathroom, shower room, toilet room, laundry room, furnace 20room and public hall located in a structure used for human habitation shall have 21permanent electric fixtures, installed in accordance with the requirements of the 22electrical code of the city. 23 243. Natural light in habitable rooms. Every habitable room shall have at least one 25window or skylight facing directly to the outdoors. The minimum total window area for 26every habitable room shall not be less than ten percent (10%) of the floor area of such 27room. If the only window is the skylight type, the minimum total window area shall not 28be less than fifteen percent (15%) of the total floor area of such room except where 29other means of artificial lighting are approved. 30 314. Light in non-habitable space. Every public stair, hall, cellar and basement, located 32in a structure used for human habitation, shall have either adequate natural or artificial 33lighting available at all times. The natural or artificial lighting available shall not be 34less than three (3) foot candles measured in the darkest portions of normally traveled 35passageways and stairs at the floor. 36 B. Administration. 37 The City Engineer shall have the authority to interpret and 38administer this article. 39 C. Applicability 40. The provisions of this article shall apply to all new 41construction, major modifications to existing sites in connection with site plan review 42(Chapter 2, Article II, Section 2.F), and minor modifications to building or site elements 43that are regulated by this article, excluding those buildings and site improvements 44exempted in Section 1.D below. 45 D.Exemptions. 46The following building and site improvements shall be 47exempt from the standards of this article: August 17, 2010 1 EXTERIOR LIGHTING STANDARDS 1 1.Single-Family or Duplex Home. 2 Construction of a single-family or 3duplex dwelling unit on an individually platted lot within single-family or two- 4family residential zoning districts; and 5 2.Exempt Buildings. 6 Buildings exempt from local building permits or 7government review pursuant to State of Florida or Federal Statutes. 8 E.Terms and Definitions. 9 See Chapter 1, Article II for all applicable terms 10and definitions which pertain to the regulations and standards contained herein. 11 F. Conflict. 12 Whenever the regulations and requirements of this code are at 13conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or 14laws, the most restrictive shall apply, unless otherwise stated herein. 15 G. Relief from Standards. 16In addition to the regulations of this article, all 17lands shall be improved in conformance with the minimum standards as set forth in the 18current Engineering Design Handbook and Construction Standards or latest supplement 19thereof. Any deviation from the lighting standards contained herein or within the 20Engineering Design Handbook and Construction Standards requires the approval of a 21waiver application, which is subject to review and approval by the City Engineer. A 22request for a waiver shall be reviewed in accordance with Chapter 2, Article III, Section 239. 24 Section 2. City Approval Required. 25 26 27No exterior lighting, including support structures shall be created or modified without first 28securing the necessary City approvals and permits as provided hereunder, except in instances 29when exempt from these regulations in accordance with Section 1.D above. The following 30processes and permits are intended to ensure that site lighting complies with the standards of 31this article: 32 A. Private Property and Public Lands. 33 The property owner or agent shall 34file the following applications prior to commencement of any of the aforementioned 35improvements: 36 1. Site Plan Review. 37 For any new or modified exterior lighting 38structures or changes to any component of the light fixture that would increase 39or decrease illumination, the site plan review process shall be required and 40reviewed in accordance with the procedures set forth in Chapter 2, Article II, 41Section 2.F prior to the issuance of any land development permit. For the 42purposes of this subsection, the term “site plan” is construed to include master 43site plan and technical site plan applications. The Director of Planning and 44Zoning or designee may require the submittal of a photometric plan as part of 45the of the site plan application to ensure compliance with the standards of this 46article. 47 August 17, 2010 2 EXTERIOR LIGHTING STANDARDS 2. Land Development Permit. 1 The land development permit process shall 2be required, and initiated only subsequent to the approval of a site plan 3application, except in those instances when site plan review is not required. The 4land development permit shall be processed in accordance with the procedures 5set forth in Chapter 2, Article III, Section 3. The City Engineer or designee may 6require the submittal of a photometric plan as part of the of the land 7development permit application to ensure compliance with the standards of this 8article. The issuance of a land development permit shall not relieve any party 9from obtaining the necessary permits which may be required by the federal, 10state, or local government agencies. 11 B. City Right-of-Way Permit. 12 No person shall begin to construct, reconstruct, 13repair, alter, grade in, or upon any area within City rights-of-way without first obtaining 14a permit as provided in Chapter 2, Article III, Section 4. 15 Section 3. Standards 16 17 A. General. 18 c.Glare. Lighting All exterior lighting shall be designed and 19installed in compliance with the “Heat, Humidity, and Glare” provision of the 20Operational Performance Standards of Chapter 3, Article IV, Section 1 LDR Chapter 2, 21Section 4, Paragraph N7. 22 B. Public Rights-of-way 23Section 14. Street lighting. Street lighting is required 24on all public street rights-of-way. Applicant is responsible for supplying and installing 25a system acceptable to Florida Power and Light Company and thecity engineer. Upon 26completion and demonstration, the city will extend its current agreement with F.P.L. and 27absorb the energy cost of street lighting on city streets. Street lighting is optional on 28private streets and the cost of supplying, installing,and providing energy and life long 29maintenance is the sole responsibility of the applicant and its successors or assigns. 30Street lighting shall be placed on all public and private rights-of-way in compliance with 31the most recent addition of the Engineering Design Handbook and Construction 32Standards for Landscaping, Irrigation, and Lighting (or Volume II). (Ord. No. 02-033, § 333, 8-20-02) 34 35Section 11.Street lighting. Where street lighting is installed, it shall be installed on 36all local and collector streets, at each intersection, at the end of cul-de-sacs, and 37wherever, in the opinion of the City Engineer city engineer, a dangerous traffic / 38pedestriancondition exists is created. Between intersections, street-lights may be 39engineered for security purposes only as recommended by the Chief of Police. 40Streetlights shall be wired for underground service except where aerial service is 41permitted by Chapter 4, Article VIII, Section 3. Section 13 of this article. (Ord. No. 02- 42033, § 3, 8-20-02) 43 C. Off-Street Parking Lots. 44ARTICLE II. REQUIRED 45IMPROVEMENTS. Each parking lot constructed or reconstructed shall include 46improvements as follows:A. Illumination1.Generala.Lighting design. A 47minimum average light level of one (1) footcandle shall be provided, with no more than August 17, 2010 3 EXTERIOR LIGHTING STANDARDS 110% ten (10) percent of the spot readings below one (1) foot candle and none below 2one-half (½) footcandle. Lighting fixtures shall be energy efficient and automatically 3Fixtures shall be an energy efficient type automatically controlled by a photoelectric 4switch or other device acceptable to the City Engineer director of development and are 5to remain on from dusk to one (1) hour after closing or 2 A.M., whichever is later. 6However, the exterior lighting of off-street parking areas and other vehicular use areas 7within parks and other types of recreation facilities may be shut off at an earlier time as 8determined by the Director of Recreation and Parks or designee based upon the 9characteristics (e.g. type, location, hours of operation, etc.) of such park or facility. 10 11A photometric plan shall contain lighting levels in accordance with Chapter 2, Article II, 12Section 5.F.9. Submit documents showing, at a minimum, pole locations and details; 13fixture types and sizes; light contours depicting anticipated levels of illumination (in 14foot candles) at roadway surface; certification of compliance with the latest edition of 15the Florida Building Code and capacity to withstand a 140 mph wind load; and proposed 16conduit routing.Light fixtures must be baffled, shielded, screened, or recessed to 17prevent visibility of the lit portion of the fixture from off the premises. In addition, light 18fixtures shall be strategically located to avoid future conflicts with mature tree canopies 19(see Chapter 4, Article II, Section 3.A.12). 20 D. Pedestrian Lighting. 21b.Pedestrian lighting. Walkways connecting parking 22lots to buildings or walkways between buildings shall be lit in such a manner as to 23provide a safe environment. 24 Under Canopies. 25E. Light fixtures under canopies for banks, gas stations, and 26similar establishments must be baffled, screened, and recessed to prevent visibility of 27the lit portion of the fixture from off the premises. 28 F. Crime Prevention Through Environmental Design (CPTED). 29 See Chapter 304, Article III, Section 5.B for additional regulations regarding lighting and CPTED 31guidelines. 32 G. Docks and Piers. 33 See Part II Code of Ordinances, Chapter 9, Article II for 34additional regulations regarding lighting on docks and piers. 35 H. Signs. 36 See Chapter 4, Article IV, Section 3.A.10.c for additional standards 37regarding lighting levels and signage. 38 Section 4. Community Design. 39 40 A. General. 41 42 1. Purpose and Intent. 43The purpose of this section is to promote harmony 44with nature and a pleasant and comprehensible cohesiveness among 45development within the City. Through enforcement of the Community Design, 46the local elected officials shall determine the basic aesthetic character to be 47achieved in the development of the community. August 17, 2010 4 EXTERIOR LIGHTING STANDARDS 1 2. Administration. 2 The Director of Planning and Zoning shall 3coordinate, interpret, and administer this section. 4 3. Relief from Standards. 5 Any deviation or variation from the 6regulations of this section requires the approval of a Community Design Appeal 7(CDPA) in accordance with Chapter 2, Article II, Section 4.B. 8 B. Buildings and Structures. 9The following regulations shall apply to all new 10development and redevelopment: F. Exterior Lighting. 11 1. Generally. 12 13 a. 14 1. Lighting fixture height, style, design and illumination 15level shall be compatible with the building design and height and shall 16consider safety, function and aesthetic value; 17 b. 18 i.Exterior lighting. Lighting of the exterior, parking areas, 19and watercraft docking facilities of the planned development shall be of 20the lowest intensity and energy use adequate for its purpose, and shall 21not create conditions of glare that extend onto abutting properties; 22 232.Lighting shall not be of an intensity that produces glare on 24adjacent properties; 25 c. 26 3. Feature lighting emphasizing plants, trees, barriers, 27entrances, and exits is encouraged; 28 d. 29 4. Lighting may be used to illuminate a building and its 30grounds for safety purposes and to enhance its beauty. However, the 31visual effect shall be subtle; 32 e. 33 5. Lighting shall not be used as a form of advertising in a 34manner that draws more attention to the building or grounds at night 35than in the day; and 36 f. 37 6.Lighting attached to the form of the exterior of the 38building or part of the building exterior or visible from the exterior of 39the building shall not be permitted if it is contrary to the architectural 40style of the building. 41 C. Maximum Footcandle and Illumination Levels. 42 Permanent off-street 43lighting levels for all multiple-family residential and non-residential uses shall not 44exceed a maximum of six (6) footcandles for any spot location reading, excluding those 45areas where higher lighting levels are required for Automated Teller Machines (ATM) 46or as identified in Crime Prevention through Environmental Design (CPTED). 47 August 17, 2010 5 EXTERIOR LIGHTING STANDARDS D. Pole (Total Overall) Heights in Relation to Building Height. 1It is the 2intent of this subsection to regulate the maximum allowable height of outdoor free- 3standing lighting poles in order to encourage compatibility between said poles and 4heights of principal buildings on-site and on adjacent properties. 5 6The maximum height for all outdoor free-standing lighting poles of a project or 7development shall not exceed the average roofline of a one (1)-story structure. In no 8instance shall an outdoor free-standing lighting pole exceed 25 feet in height unless the 9height limitation is found to be incompatible with guidelines and / or recommendations 10of an adopted Redevelopment Plan or other public works project. 11 Section 5. Prohibited Lighting. 12 13 14The following types of outdoor lighting are prohibited: 15 A. Spillage. 16 Any light that illuminates any vertical or horizontal surface on 17adjacent property or rights-of-way at a level greater than 0.3 footcandles. 18 B. Unauthorized Traffic Lighting. 19Any light that resembles an authorized 20traffic sign, signal, or device, or that interferes with, misleads, or confuses vehicular 21traffic as determined by the City Engineer. 22 C. Beacon or Searchlights. 23 No beacon or searchlights shall be permitted. 24 D. Drop Lens Fixtures. 25 Any drop lens fixtures. 26 E. Neon Tubing, Bare Bulbs, and Miniature Lighting. 27 Neon tubing, bare 28bulbs, miniature lights, and similar technologies shall not be used to illuminate or 29outline building facades, storefronts, door openings, windows, or within window 30displays. See Chapter 4, Article IV, Section 2.L.6 for the prohibition of such material 31when used in signage and designed in an unshielded manner. 32 F. Awnings. 33 No awnings, valances, or support structures shall be internally- 34illuminated or backlit pursuant to Chapter 4, Article III, Section 3.A.5. 35 Section 6. Penalties. 36 37 38The City or any other legal authority shall enforce any violation of this article pursuant to the 39penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 40Regulations. 41 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 4 Site Development Standards\Final\Article VII Exterior Lighting Standards.doc August 17, 2010 6 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS ARTICLE VIII. ROADWAYS, UTILITIES, AND INFRASTRUCTURE DESIGN 1 STANDARDS 2 3 4CHAPTER 6 5REQUIRED IMPROVEMENTS 6ArticleI.In General 7ArticleII.Applicability 8ArticleIII.Identification of Required Improvements 9ArticleIV.Design Requirements for Required Improvements 10ArticleV.Construction of Required Improvements 11ArticleVI.Acceptance and Maintenance of Required Improvements 12ArticleVII.Subdivisions Containing/Adjoining Waterfront Property 13 Section 1. General. 14 15 A. Short Title. 16This article shall hereafter be known and cited as the “City 17Required Improvements.” 18 B. Purpose and Intent. 19The purpose of this article is to establish standards for the 20development and subdivision of real estate within the City in an effort to, among other 21things, ensure the coordination of land development in the City in accordance with 22orderly physical patterns; ensure safe and convenient traffic control; ensure adequate 23utilities; prevent periodic and seasonal flooding by providing protective flood control 24and drainage facilities; provide the authority to direct the construction of improvements; 25ensure the purchaser of land in a subdivision that necessary improvements of lasting 26quality have been installed. ARTICLE I. IN GENERALSection 1. Purpose.The 27purpose for construction of these required improvements is as stated in Chapter 1, 28Article IV of these Land Development Regulations of the City of Boynton Beach. 29 C.Administration 30. The City Engineer shall have the authority to interpret and 31administer this article. Section 3. Administration. For the purpose of coordinating, 32interpreting, enforcing and administering this article chapter, the City Engineer city 33engineer shall be the administering officer. Tangible improvements are required as 34described in this article for chapter and the city standards, in conjunction with the 35development of real property within the city limits, platted or unplatted. (Ord. 02-033, 36§§ 3, 4, 8-20-02) 37 D. Applicability. 38The provisions of this article shall be considered the minimum 39standards and are applicable to all new construction projects or modifications to existing 40sites. ARTICLE II. APPLICABILITY Tangible improvements are required as 41described in this chapter in conjunction with the development of every subdivision 42within the incorporated area of the City of Boynton Beach whether the dsubdivision is 43platted or unplatted. 44 E. Terms and Definitions. 45See Chapter 1, Article II for definitions regarding 46the required improvements with respect to utilities, streets, and other types of 47infrastructure. October 21, 2010 1 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1 F. Conflict. 2 Whenever the regulations and requirements of this code are at 3conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or 4laws, the most restrictive shall apply, unless otherwise stated herein. 5 G. Relief from Standards. 6 In addition to the regulations of this article, all 7lands shall be improved in conformance with the minimum standards as set forth in the 8current Engineering Design Handbook and Construction Standards or latest supplement 9thereof. Any deviation from the utility and infrastructure standards contained herein or 10within the Engineering Design Handbook and Construction Standards requires the 11approval of a waiver application, which is subject to review and approval by the City 12Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2, 13Article III, Section 5. 14 Section 2. City Approval Required 15. 16 17None of the required on-site and off-site improvements contained herein (utility systems; 18streets; sidewalks; pedestrian and bicycle paths; bridges and culverts; drainage, stormwater, and 19wastewater systems; and canals and waterways) shall be constructed or modified without first 20securing the necessary City approvals and permits as provided hereunder. The following 21processes and permits are intended to ensure that all required improvements comply with the 22standards of this article: 23 A. Private Property and Public Lands. 24 The property owner or agent shall 25file the following applications prior to commencement of constructing any of the 26aforementioned required improvements: 27 1. Site Plan Review. 28 Except for individually platted lots containing 29single-family and duplex homes located within single-family and two-family 30residential zoning districts, the site plan review process shall be required and 31reviewed in accordance with the procedures set forth in Chapter 2, Article II, 32Section 2.F prior to the issuance of any land development permit. For the 33purpose of this subsection, the term “site plan” is construed to include master 34site plan and technical site plan applications. 35 2. Land Development Permit. 36 The land development permit process shall 37be required, and initiated only subsequent to the approval of the following: 1) 38final plat application in accordance with the procedures set forth in Chapter 2, 39Article II, Section 2, unless otherwise determined by the City Engineer; and 2) 40site plan application, except in those instances when site plan review is not 41required. The land development permit application shall be processed in 42accordance with the procedures set forth in Chapter 2, Article III, Section 3. 43The issuance of a land development permit shall not relieve any party from 44obtaining the necessary permits which may be required by the various federal, 45state, or local government agencies. 46 October 21, 2010 2 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS B. City Rights-of-Way. 1 A right-of-way permit application shall be required for 2any proposal to construct, reconstruct, repair, alter, or grade in, or upon, any area within 3a city right-of-way in accordance with the procedures set forth in Chapter 2, Article III, 4Section 4. 5 6Section 2. Commencement. Construction of required improvements shall not commence until a land 7development permit has been issued, except that a clearing and grubbing permit and / or an excavation / fill 8permit may be issued prior to the land development permit. (Ord. 02-033, § 4, 8-20-02) 9 10Sec. 3. Platting before permitting.No person, firm, partnership, corporation or any other association shall 11combine lots, tracts or parcels of land for development purposes, or to subdivide a tract of land anywhere in the 12incorporated area of the city except in conformity with this chapter. No development or subdivision shall be 13platted or recorded nor shall any building permit be issued (except land clearing type permits) unless such 14subdivision or development meets all the provisions of this chapter and those of any applicable Laws of the 15State of Florida, and has been approved in accordance with the requirements as herein set forth, unless a waiver 16or substitution has been granted according to Article II of this chapter. (Ord. No. 07-013, § 2, 7-3-07) 17 18Section 1. Standards, permit required. All work performed in public or private rights-of-way shall conform 19with the current Department of Public Works, Engineering Division's Engineering Design Criteria Handbook 20and Construction Standards Handbook Manual. Except as provided herein, any person desiring to perform or 21have performed any of the acts covered by this chapter wherein a permit is required shall secure such a permit 22in accordance with the rules and regulations set forth in this chapter. (Ord. No. 02-033, § 4, 8-20-02; Ord. No. 2305-014, §§2, 3, 3-1-05) 24 25ARTICLE III. STREET OPENINGS Section 1. Permit required; compliance with chapter. Any person 26desiring to plow, dig, scrape or in any way make or have made any hole, pit, ditch or excavation in or upon any 27street, alley, roadway or public land shall proceed with such work only after obtaining a permit therefore and in 28compliance with all regulations contained in or promulgated under this article chapter including the city’s 29Department of Public Works, Engineering Division’s Design Criteria and Standards Handbook. 30 31Section 7. Work within rights-of-way. A. Permit required; scope. No person shall begin to construct, 32reconstruct, repair, alter or grade in or upon any area of public or private rights-of-way in the city without first 33obtaining a permit as provided in C this section. The permit shall entitle the applicant to work in a maximum of 34one thousand six hundred (1,600) linear feet of right-of-way. A separate permit must be obtained for each 35additional one thousand six hundred (1,600) linear feet of work. Where work is continuous, restoration must be 36completed on the first permit before a third permit may be issued. At no time shall more than two (2) permits 37be issued for one location. For projects that consist of directional bore conduits only, the city engineer, or his 38or her designee, may approve a permit exceeding a total length of three thousand two hundred (3,200) lineal 39feet as one permit of work. The permit shall be in the custody of the foreman or his or her designated 40representative at the work site. Section 3. Standards. 41 42 A. General Standards for All Required Improvements. 43The following 44general standards shall apply to all required utility and infrastructure improvements 45citywide: 46 October 21, 2010 3 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1. Engineering Principles. 1 ARTICLE IV. DESIGN 2REQUIREMENTS FOR REQUIRED IMPROVEMENTS The design of 3required development or subdivision improvements shall be in accordance with 4acceptable engineering principles. Design data, (calculations, analyses, etc.) 5shall be submitted along with the land development construction plans covering 6important features affecting design and implementation of same. Such data shall 7include, but not be limited to, high water, drainage facilities of all kinds, 8subsurface soil data, alternate pavement and subgrade types, and radii at 9intersections when minimum standards of the American Association of State 10Highway and Transportation Officials are inadequate. Required improvements 11shall be equal to or exceed current city standards and the following sections 12within this article. 13 2. Impacts of Construction. 14 Z. IMPACTS OF CONSTRUCTION. 15All construction activity regulated by this code shall be performed in a manner 16so as not to adversely impact the conditions of adjacent properties, unless such 17activity is permitted to affect said property pursuant to a consent granted by the 18adjacent property owner, under terms or conditions agreeable to the adjacent 19property owner. This includes, but is not limited to, the control of dust, noise, 20water or drainage runoff, debris and the storage of construction materials. New 21construction activity shall not adversely impact historic surface water drainage 22flows of adjacent properties, and may require special drainage considerations 23complying with engineering standards to preserve the positive drainage patterns 24of the affected sites. Accordingly, developers, contractors and owners of all 25new residential developments, including additions, pools, patios, driveways, 26decks or similar structures, on existing properties that decrease the permeable 27land area in excess of 800 square feet on any parcel shall provide a 28professionally prepared drainage plan clearly indicating compliance with this 29division. Upon completion of the improvements, a certification from a Florida- 30licensed engineer shall be submitted to the inspector prior to the issuance of any 31certificate of occupancy. (Ord. No. 96-56, § 7, 1-21-97; Ord. No. 97-25, § 1, 7- 321-97; Ord. No. 02-033, §§ 3, 4, 8-20-02) 33 3. Safety. 34 It shall be unlawful for any person to move, remove, 35damage, destroy, or extinguish any barrier, warning light, sign or notice erected, 36placed or posted in accordance with the provisions of this article, except upon 37permission of the Director of Public Works.Section 10. Removal of 38warnings prohibited. It shall be unlawful for any person to move, remove, 39damage, destroy or extinguish any barrier, warning light, sign or notice erected, 40placed or posted in accordance with the provisions of this chapter, except upon 41permission of the Director of Public Works. (Ord. No. 05-014, §§ 2, 3, 3-1-05) 42 B. Utilities. 43 44 1. General. 45 Section 13. Utilities. Utilities, including but not limited 46topower and light, telephone, telegraph, water, sewer, cable television, wiring to 47streetlights, and gas shall be installed underground in accordance with the October 21, 2010 4 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1currentEngineering Design Handbook and Construction Standards. This 2section shall apply to all cables, conduits or wires forming parts of an electrical 3distributions system including service lines to individual properties and main 4distribution feeder lines delivering power to local distribution systems, except 5that it shall not apply to wires, conduits or associated apparatus and supporting 6structures whose exclusive function is transmission or distribution of electrical 7energy between subdivisions, generating stations, substations and transmission 8lines of other utility systems, or perimeter lines located adjacent to the parcel or 9subdivision. Appurtenances such as transformer boxes, pedestal mounted 10terminal boxes, meter cabinets, service terminals, telephone splice closures, 11pedestal type telephone terminals, or other similar "on the ground" facilities 12normally used with and as a part of the underground distributions system may be 13placed above ground, but shall be located so as not to constitute a traffic hazard. 14 Easements shall be coordinated with requisite utility authorities and shall be 15provided as prescribed by this ordinance for the installation of underground 16utilities or relocating existing facilities in conformance with the respective 17utility authority's rules and regulations. The City Engineer city engineer may 18waive the requirement for underground installation if the service to the adjacent 19area is overhead and if it does not appear that further development in adjacent 20areas with underground utilities is possible. Any new service which is allowed 21by the waiver herein to be supplied by overhead utilities shall be connected to a 22service panel that is convertible for underground utility service at a future date. 23The developer shall make necessary cost and other arrangements for such 24or corporations underground installations with each of the persons, firms, 25furnishing utility service involved. Utilities shall be constructed in easements as 26prescribed by this ordinance. (Ord. No. 02-033, §§ 3, 4, 8-20-02) 27 2. Installation. 28 Section 14. Utility installation. After the subgrade for a 29street has been completed, the remainder of the street right-of-way has been 30graded and before any material is applied, all underground work for the water 31mains, sanitary sewers, storm sewers, cable television, gas mains, telephone, 32electrical power conduits and appurtenances and any other utility shall be 33installed completely through the width of the street to the sidewalk area or 34provisions made so that the roadway or right-of-way will not be disturbed for 35utility installation. All underground improvements installed for the purpose of 36future service connections shall be properly capped and backfilled. All above- 37ground or underground improvements shall comply with the Engineering Design 38Handbook and Construction Standards. 39 a. Utility Transmission Lines 40. 5. Utility transmission lines, etc. 41Unless otherwise deemed impractical by the City Engineer, all All utility 42transmission lines, conduits, conveyances or other devices or apparatus 43for the transmission of utility services and products, including all 44franchised utilities, shall be constructed and installed beneath the surface 45of the ground with the exception of main overhead feeder lines. 46Appurtenances to these systems which require aboveground installation October 21, 2010 5 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1shall be effectively screened, and, thereby, may be excepted from this 2requirement. 3 46.Solid waste and refuse disposal.Plans for solid waste and refuse 5disposal shall conform to and be approved by the city and county health 6departments. 7 b. Water Systems. 88. Public water system for both 9domestic use and fire protection. Water systems must be installed in 10accordance with city standards and other pertinent city ordinances. 11 c. Central Water System 12. Section 15. Central water 13system. A complete water distribution system shall be provided for all 14developments or subdivisions. Water transmission mains shall be 15provided by the developer to an approved operating city water system. 16The city Director of Utilities utility director or his designee shall 17approve all new connections to the existing city water system. 18 d.Fire Hydrants 19. Section 6. Fire Hydrants. Fire hydrants 20shall be provided in all residential, commercial, mixed-use, and 21industrial developments or subdivisions in the manner prescribed in this 22ordinance. When annual fire hydrant fees are to be levied according to 23ordinance, a special association for payment of said fees will be 24required. 25 26. Fire hydrants shall be no more than three Section 16. Fire hydrants 27hundred (300) feet apart and the remotest part of any structure shall be 28no more than two hundred (200) feet from a hydrant. Connections shall 29be to mains no less than six (6) inches in diameter. In addition to 30domestic requirements at residual pressures of not less than twenty (20) 31pounds per square inch, fire flow of at least one thousand five hundred 32(1,500) gallons per minute shall be provided as a minimum standard. 33 34In one and two-(2) story residential developments or subdivisions with 35not more than ten (10) dwelling units per acre, fire hydrants may be 36spaced up to five hundred (500) feet apart but not more than three 37hundred (300) feet from the center of any lot in the development or 38subdivision. The system shall provide flow capacity of at least five 39hundred (500) gallons per minute in addition to maximum day domestic 40requirements at specified residual pressures. 41 3. Sanitary Sewer 42. Section 10. Sanitary sewage. A complete 43sewage collection system shall be provided for all developments or subdivisions 44in accordance with requisite government regulations. Sewage transmission 45facilities shall be provided by the developer to an approved operating city 46collection or transmission system. Transmission systems shall include force 47mains and other appurtenances associated with lift stations. The Director of October 21, 2010 6 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1Utilities city utility director or his designee shall approve all connections to 2existing city collection, transmission, and sewer systems. and transmission 3systems. 7.Sanitary sewage system. Sewage system will be furnished and 4installed in accordance with city standards and other pertinent city ordinances. 5 4. Easements. 6 Section 6. Easements. A. UTILITY EASEMENTS. 7Easements, a minimum of twelve (12) feet in width wide, shall be provided to 8accommodate all required utilities across lots with convenient access for 9maintenance, and where possible shall be centered on lot lines. Easements ten 10(10) feet in width wide shall be provided for underground utilities across that 11portion of a lot adjacent to a street. Additional utility easements or larger utility 12easements may be required by the City city when, in the opinion of the city 13engineer, or his or her designee, and/or the utilities engineer, such easements are 14necessary for continuity of utility service between developments and where 15necessary for maintenance and service. Utility easements and drainage 16easements shall be separate unless otherwise approved by the director of utilities 17Director of Utilities or and the City Engineer city engineer. Where easement 18crossings occur, drainage easements shall take precedent. 19 2010.Access to perform necessary public services.The developer and/or owner 21shall dedicate to city any easement that city deems necessary for public services 22and said dedication shall provide that developer and/or owner shall hold city 23harmless for any of its acts performed within or abutting said easements if any 24loss or damage is caused to abutting property. The City Engineer shall be 25authorized, on behalf of the City Commission, to grant, accept, and vacate 26easements for municipal purposes on both public and private properties. 27 C. Roadways and Streets 28. 29 1. General. 30 Section 12.Streets. All streets and related facilities 31required to serve the proposed development or subdivision shall be constructed 32by the developer. The construction shall consist of, but not be limited to, street 33grading, base preparation and surface course along with drainage, and shall be in 34accordance with City regulations. 35 36Before any plat or deed or instrument conveying or dedicating any street right- 37of-way to the city shall be accepted by the City city, all roads shall be improved 38paved so as to meet the minimum requirements set forth in this article. chapter. 39(Ord. No. 96-56, § 3, 1-21-97) 40 41Chapter 22STREETS AND SIDEWALKS 42 43Art. 1In General 44Art. 2Construction, Repair, or Alteration 45Art. 3, Street and Easement Abandonment 46 47ARTICLE I. IN GENERAL . October 21, 2010 7 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1 2. Designation System 2. Section 1. Street designation system. All 3streets, avenues or other thoroughfares for vehicular traffic shall be designated 4in accordance with city standards. Such designation shall be vested in the 5Director of Public Works or designee director of public works who shall also 6maintain the City’s city's master roadway file and allocate secondary street 7designations. at his or her discretion. (Ord. No. 02-033, § 4, 8-20-02; Ord. 05- 8014, §§ 2, 3, 3-1-05) 9 3. Naming System 10. Section 1.1. Street naming system. Street 11names shall be issued as per the request of the originator of the street (or 12roadway) except in the case of a section line, where roads will be given a route 13number in addition additional to the assigned name by as determined by either 14the Florida Department of Transportation or Palm Beach County, whichever has 15jurisdiction of the street (or roadway). Proposed streets which are on the same 16alignment with other existing named streets, shall bear the same name of the 17existing street. All street names shall have a suffix and in no case, except as 18indicated in the preceding sentence, shall the name of the proposed street (or 19roadway) or duplicate be phonetically similar to existing street names regardless 20of the use of the suffix - street, avenue, boulevard, drive, place, court, etc. The 21basic naming standards are as follows: 22 a. Curvilinear Streets. 23 A. Curvilinear streets shall be named on 24the same basis as other streets and shall carry the same name through 25their entire length. 26 b. Streets Crossing Ocean Avenue. 27 B. Streets crossing Ocean 28Avenue shall have north and south added to their names accordingly. 29 c. (Table 4-8) Suffixes. 30 C. Suffixes shall be limited in use as 31follows: 32 North-South Direction East-West Direction Court Avenue Drive Boulevard Lane Place Parkway Road Street Way 33 34 North-South Direction East-West Direction Court Avenue Drive Boulevard Lane Place Parkway Road Street Way October 21, 2010 8 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1 2The suffixes ‘Boulevard' and ‘Parkway' shall be reserved for arterials 3and collectors. The suffix ‘Circle' is an option for either direction, 4however, it should be used as the name implies, i.e., a curvilinear 5roadway. The use of ‘Terrace' and ‘Trace' shall be reserved for minor 6streets, cul-de-sacs, etc. Any other requested suffix shall be approved by 7the Director of Public Works or designee director of public works prior 8to its inclusion into any development. (Ord. No. 05-014, §§ 2, 3, 3-1-05) 9 10Q.STREET NAMES. Proposed streets which are in alignment with 11other existing and named streets shall bear the same name as the existing 12street. All other street names shall include a modifier such as street, 13lane, avenue, boulevard, drive, place, court, etc. and shall not duplicate 14or be phonetically similar to existing street names regardless of the use 15of the modifier. 16 d. Street Name Changes 17. Section 1.2. Vanity street name 18changes. 19 20(1) Standard Street Name Changes. A. Standard street 21name changes shall conform to the standards and requirements 22for naming streets as set forth in the preceding section, and shall 23be permitted only under the following circumstances: 24 25 1. In response to a City Commission (a) 26directive, or 27 28(b) 2. To eliminate duplication or confusion in 29street names, or 30 31(c) 3. To reduce confusion in addressing. 32 33(2) Vanity Street Name Changes. B. Name changes which 34do not meet the criteria above are considered "vanity street 35names" for the purposes herein and are permitted only under the 36following limited circumstances: 37 38(a) 1. The desired name will not create 39confusion; 40 41(b) 2. The desired name does not duplicate in 42whole or in substantial portion, the name of any existing 43street; 44 45(c) 3. All property owners abutting the road 46have signed a petition requesting the change and a October 21, 2010 9 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1completed application has been submitted to the 2Department of Public Works/Engineering Division; 3 4(d) 4. The established fee that has been 5established by resolution paid ($1,400.00); 6 7(e) 5. The entire length of the street must be 8renamed; and 9 10(f) 6. The City Commissioners approves have 11approved the request. (Ord. No. 05-014, §§ 2, 3, 3-1-05) 12 e. Standard Street Name Numbering and Addressing 13. Section 141.3. Street numbering/addressing. A. 15 16(1) Uniform Addressing Procedure. Lot or parcel 17addressing for individual tracts of land shall be designated in 18accordance with the City’s city's Uniform Addressing Procedure 19policy. Such designation shall be vested in the Director of 20Public Works or director of public works or his or her designee, 21who shall also maintain the city's master roadway file. 22 23(2) Abutting Cities and Communities. B. The 24addressing number system currently in use within the corporate 25limits of the City city shall be maintained. For those lots or 26parcels located in the neighboring local government (Palm 27Beach County) that are or will be annexed into the city will, if 28possible, be assigned in a manner that maintains: 29 30(a) 1. A logical sequence of numbers along the 31street or roadway on which the property is located, and 32as established in that neighboring government, and 33 34(b) 2. A consistent pattern of separation of even 35and odd numbers. 36 37(3) Direction of Street. C. The establishment 38establishing of the exact number of a particular lot or parcel 39entails the dimensions of the lot in question, and its distance 40from the nearest land line or street as given in the legal 41description. If the lot is on an East-West (E-W) street, it will 42receive an E-W number (even numbers on the south side of the 43street and odd numbers on the north side). If the lot is one 44located on a North-South (N-S) street, it will received a N-S 45number (even numbers on the east side of the street and odd 46numbers on the west side). (Ord. No. 05-014, §§ 2, 3, 3-1-05) 47 October 21, 2010 10 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS f. Vanity Street Name Numbering and Addressing 1. Section 1.4. 2Vanity Street numbering/addressing.A. Street numbering and 3addressing for commercial and residential properties shall be based on 4the City’s city's grid system as described. 5 6B. Requested addresses which do not adhere to the City’s city's grid 7system are considered "vanity addresses" for the purposes herein, are 8prohibited for residential uses, and shall not be permitted for non- 9residential uses except under the following circumstances: 10 11(1) 1. The entity requesting the "vanity address" is a 12prominent commercial entity and has a location which is widely 13recognized in the community; 14 15(2) 2. The requested number is not out of sequence with 16any existing numbers on the same street. (For example, the 17number 100 would not be permitted on a lot which is located 18between two existing lots with the addresses #500 and #550); 19 20(3) 3. Emergency Medical Services and the U.S. Post 21Office would be able to locate the property; 22 23(4) 4. An individual with the assistance of a generally 24distributed local street map would be able to locate the property 25without undue difficulty; 26 27(5) 5. The requested address does not duplicate an 28existing address on the same street; 29 30(6) 6. The requested address would, in no way, be 31injurious to or infringe upon the existing rights of any other 32commercial entity in the County; 33 34(7)7. The requestor has submitted an affidavit which 35acknowledges that the requested address may result in delays in 36mail delivery and service provisions; 37 38(8) 8. The established fee has been paid and the 39requestor has submitted a complete application to the 40Department of Public Works/Engineering Division; and 41 42(9)9. The City Commissioners have approved approves 43the request and finds have made a finding that the address 44request is related to a city goal, such as economic development, 45which takes precedence over the goal of maintaining the City’s 46city's grid system. (Ord. No. 05-014, §§ 2, 3, 3-1-05) 47 October 21, 2010 11 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1Section 4. Obstructing streets, prohibited. It shall be unlawful for any person or the agent or agents 2of any person to blockade or obstruct any street or public way within the city, so as to impede traffic or 3pedestrians thereon, or cause any interference or dangerous obstacles to be placed on or across any of 4the streets or public ways within the city, except that in the Central Business District, loading zones, 5dumpsters and compactors and their enclosures may be situated in the public right-of-way. (Ord. No. 697-27, § 1, 7-1-97) 7 8Section 7. Vehicles crossing curbs and parkways. It shall be unlawful for any person to push, pull, 9drive or cause to be pushed, pulled or driven any wheeled or track-laying type vehicle, conveyance, 10machine, apparatus or equipment on, over or across, in whole or in part, any curb or pavement laying in 11or on any public street, except as provided in this section: 12 13A.Vehicles, as described herein, may be driven over pavement at driveways; and 14 15B.Vehicles, as described herein, may be driven over curbs and over pavement at other than 16driveways, provided that such curbs and pavement shall be adequately bridged and shored with suitable 17wooden or steel structures to protect such curbs and parkways. (Ord. No. 05-014, §§ 2, 3, 3-1-05) 18 19Section 9. Depositing, storing, processing material in streets and roadways. It shall be unlawful for 20any person to deposit, process or produce any material, including but not limited to any recreational 21item in or on any street or roadway or to store the same, either temporarily or permanently thereon; 22except, that building materials can be temporarily stored, processed or produced on streets or roadways 23if a permit has been obtained as provided in this chapter, and except that temporary storage of 24construction debris may be temporarily stored on streets or roadways in a container provided by a trash 25hauler for removal by such trash hauler, if a permit therefore has been obtained as provided in this 26chapter. (Ord. No. 05-014, §§ 2, 3, 3-1-05) 27 4. Street Layout and Configuration. 28 Section 10. Streets. 29 a. General. 30 Street layout shall be coordinated with the street 31system of the surrounding area. Consideration shall be given to existing 32and planned streets, topographical conditions, public convenience, 33safety, and relationship to the proposed use of the land to be served. The 34arrangement of streets in new developments or subdivisions shall 35provide for the continuation of existing streets in adjoining areas not 36developed or subdivided, and shall provide for the proper projection of 37streets. When a development or subdivision adjoins undeveloped 38unsubdivided land, then the new street, where necessary, shall be carried 39to the boundary of the tract proposed to be developed or subdivided to 40promote reasonable development of adjacent lands, and provide 41continuity of street systems. The new development or subdivision shall 42provide for the incorporation and compatible development of present 43and future streets shown on the thoroughfare map adopted by the City 44Commission. 45 b. Width of Ultimate Right-of-Way. 46Section 2. Minimum 47right-of-way width. October 21, 2010 12 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1 2(1) (Table 4-9) General Standards. The City 3Commission shall not accept any street right-of-way dedication 4by plat or by deed or other instrument unless the right-of-way 5width and paving comply with the Land Development 6Regulations. 7 8 B. STREET RIGHT-OF-WAY WIDTH. Minimum street 9right-of-way width shall be as follows: 10 Street Type Right-of-Way Width (in feet) Expressway 300 Major arterial 200 Arterial 120 *Collector 80 *Local with mountable curb 50 *Local with swales 60 Marginal access 40 11 12 Right-of-Way Width 13 Street Type(in feet) 14 Expressway300 15 Major arterial200 16 Arterial120 17 *Collector80 18 *Local with mountable curb 50 19 *Local with swales60 20 Marginal access40 21 22*The right-of-way width may be reduced by up to eight (8) feet 23if the provisions of Section 3.D.2.d below Chapter 6, Art. III, 24Sec. 11 are met. 25 26All public and private streets herein shall be constructed in 27conformance with the minimum standards as set forth in the 28currentEngineering Design Handbook and Construction 29Standards or latest supplement thereof. 30 31(2) Within All Planned Residential Developments. F. 32RIGHTS-OF-WAY. The minimum width of a right-of-way for a 33principal street within a planned residential development district 34in a PUD is 40 forty (40) feet. Privately owned streets providing 35secondary vehicular circulation internal to the development PUD 36may be considered for approval with rights-of-way and 37pavement widths less than the requirements stated in the city’s 38City’s Land Development Regulations; however, in no case shall October 21, 2010 13 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1health, safety, welfare, or efficiencies of public services be 2jeopardized. (Ord. No. 99-17, § 1, 6-15-99; Ord. No. 01-10, § 3, 32-6-01; Ord. No. 05-031, § 2, 7-19-05; Ord. No. 05-059, § 1, 10- 45-05) 5 6h. Vehicular circulation. (1) Privately owned streets 7providing secondary vehicular circulation internal to the 8residential Planned Development district IPUD may be 9considered for approval with rights-of-way and pavement widths 10less than the requirements stated in the city's Land Development 11Regulations. However, in no case shall health, safety, and / or 12welfare be jeopardized. Any reduction in the width of a right-of- 13way and / or its pavement shall require the approval of a waiver, 14which is subject to review and approval of the City Engineer. A 15request for a waiver shall be reviewed in accordance with 16Chapter 2, Article III, Section 5. 17 18(2) Roadways providing external connections to the city's 19street network shall meet all requirements contained in the city's 20Land Development Regulations. 21 22(3) Within All Commercial and Industrial Districts. 23 Section 19. Commercial and industrial developments / 24subdivisions. Commercial and industrial developments or 25subdivisions shall comply with all of the requirements of this 26ordinance, except that all local streets shall be designed and 27constructed according to the collector street typical section 28contained in the current city standards. 29 c. Width of Pavement. 30 Section 3. Minimum width of new or 31rebuilt streets. The minimum width of paving of all new or rebuilt 32streets shall be in accordance with current city standards. (Ord. No. 05- 33014, §§ 2, 3, 3-1-05) 34 35C.STREET PAVEMENT WIDTHS. Street pavement widths shall be 36constructed in accordance with city standards. 37 38Any reduction in the width of a right-of-way and / or its pavement shall 39require the approval of a waiver, which is subject to review and approval 40of the City Engineer. A request for a waiver shall be reviewed in 41accordance with Chapter 2, Article III, Section 5. 42 d. Dimensions of Blocks 43. Section 3. Blocks. The length, 44width, and shape of blocks shall be determined by the following with 45due regard to: 46 October 21, 2010 14 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1(1) A. Provision of adequate building sites suitable to 2the special needs of the type of planned use contemplated. 3 4(2) B. Zoning requirements as to lot size and 5dimensions. 6 7(3) C. Need for convenient access, circulation, control 8and safety of vehicular and pedestrian traffic. 9 10(4) D. Limitations and opportunities of topography. 11 12(a) 1. Block lengths shall not exceed one thousand 13three hundred twenty (1,320) feet between intersecting 14streets except where special topographical conditions 15exist. Greater lengths may be approved by the City 16Engineer city engineer. 17 18(b) 2. In blocks nine hundred (900) feet in length 19or over, crosswalks not less than eight (8) feet wide may 20be required between streets where deemed essential by 21the City Engineer city engineer to provide circulation or 22access to schools, playgrounds, shopping centers, 23transportation and other community facilities. (Ord. No. 2402-033, § 3, 8-20-02) 25 e. Dead-end Streets. 26 D.DEAD-END STREETS. Dead-end 27streets shall be constructed in accordance with the Engineering Design 28Handbook and Construction Standards city standards. 29 f. Street Jogs 30. K.STREET JOGS PROHIBITED. Local street 31jogs with centerline offsets of less than one hundred twenty-five (125) 32feet are prohibited. 33 g. Half-streets 34. O.HALF STREETS. Half or partial streets are 35prohibited except where essential to the reasonable development or 36subdivision of a tract in conformance with the thoroughfare plan and 37these regulations. In addition, satisfactory assurance for dedication of 38the remaining part of the street must be provided. Whenever a tract to 39be developed or subdivided borders on an existing half or partial street, 40the other part of the street may be required to be dedicated and 41constructed within such tract. A proposed development or subdivision 42that adjoins or includes an existing street which does not conform to the 43minimum right-of-way requirements of these regulations shall dedicate 44right-of-way along either one or both sides of said street so that the 45minimum right-of-way requirements of these regulations can be met. 46 October 21, 2010 15 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS h. Marginal Access Streets 1. L.MARGINAL ACCESS 2STREETS. Where a development or subdivision abuts an arterial or 3higher classification street and adjoining property owners desire access 4other than at street connections, a marginal access street shall be 5required from an intersection to the edge of the development or 6subdivision. 7 i. Local Streets 8. M.LOCAL STREETS. Local streets shall be 9laid out so as to discourage through traffic. 10 j. Railroads Abutting Developments. 11N.RAILROADS ON OR 12ABUTTINGDEVELOPMENTS OR SUBDIVISIONS. When a 13development or subdivision borders on or contains a railroad right-of- 14way, a street approximately parallel to and on each side of such right-of- 15way may be required so as to permit appropriate use of the intervening 16land for park purposes in residential districts or for commercial or for 17industrial purposes in appropriate districts. 18 k. Thoroughfare Intersections 19. P.THOROUGHFARE 20INTERSECTIONS. Minimize the The number of driveways and access 21roads which intersect thoroughfares shall be minimized and designed 22these driveways and access roads to allow for signalization. 23 l. Alignment, Tangent, Deflection, Radii. 24 R. 25ALIGNMENT, TANGENT, DEFLECTION, RADII. Streets shall be 26laid out to intersect as nearly as possible at right angles. Multiple 27intersections involving the junction of more than two (2) streets are 28prohibited. The point of curvature of any local street shall not be closer 29than one hundred (100) feet to any intersection. All intersections shall 30be designed to provide adequate stopping and sight distance in 31accordance with the current city standards. 32 Traffic Calming Measures. 33m.Sec. 14-6. Traffic calming 34measures. 35 36(1) (a) The city shall consider placement of traffic 37calming measures only upon completion of an initial traffic 38study. Traffic calming shall be considered: 39 40(a) (1) Only on those local streets with average 41daily traffic volumes greater than 500 vehicles per day; 42and 43 44(b) (2) Only when the 85th percentile speed is 45greater than 30 mph for those streets posted at 25 mph or 46greater than 35 mph for those streets posted at 30 mph. 47 October 21, 2010 16 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1(2) (b) Signing, striping and other devices identifying 2traffic calming measures shall conform to the current Manual on 3Uniform Traffic Control Devices. 4 n. Lot Access 5. V.LOT ACCESS. Individual lots shall have 6access to an internal street system. 7 8Section 1. Access.A. Point of access. 1. 9 Along Local Streets. 10(1)Along local streets, the 11point of access to lots shall be at least thirty (30) feet from 12intersecting right-of-way lines, providing the interior lot angle at 13the intersecting lines is 90° or greater. If the interior lot angle is 14less than 90°, the access point distance will increase, and be 15determined by the City Engineer city engineer or his or her 16designee. On zero lot line corner lots, access points shall be 17located a minimum of twenty-five (25) feet from the intersection 18of the projection of right-of-way lines to the near edge of the 19driveway. Access to townhouse clusters may be via parking lots 20and/or driveways designated on the plat as access or parking 21tracts, provided the length of access does not exceed six hundred 22sixty (660) feet. Subdivisions shall be designed to provide 23access to all lots by the use of local streets. 24 Along Collector Streets. 25(2) 2. Along collector streets, 26the point of access to lots shall be at least fifty (50) feet from the 27intersecting right-of-way lines, incorporating the same angular 28parameters noted above. Mid-block lots shall meet access point 29separations in accordance with City city standards. 30 Along Arterial Streets. 31(3) 3. Along arterial streets, 32the point of access to lots shall be at least one hundred twenty 33(120) feet from the intersecting right-of-way lines, incorporating 34the same angular parameters noted above. It is the intent to 35minimize the number of access points connecting to an arterial 36street. However, however, if required for access or circulation, a 37second access point may be permitted on the side of the lot 38adjacent to the lanes departing the intersection. The locations of 39the access points shall be approved by the City Engineer city 40engineer or his or her the designee. 41 Secondary Point of Access. 42(4) 4. In addition to the main 43point of vehicular access, a secondary point of vehicular access 44shall be considered for all residential developments with 30 or 45more dwelling units. This secondary access point may be 46substituted with an emergency access point if a secondary access 47point is unfeasible due to the configuration or remote October 21, 2010 17 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1relationship of other improved and platted lands surrounding the 2development. In all circumstances, the secondary or emergency 3access point shall be designed and located away from the 4primary point of access in case the primary point is impeded or 5otherwise inaccessible. New developments shall include a 6secondary vehicle access point, in addition to the primary 7vehicle access point, from the service roadway fronting the 8proposed development site, when 30 or more dwelling units are 9planned. If, due to the land configuration or remote relationship 10to other platted improved lands, a secondary vehicle access point 11isnotfeasible, an emergency vehicle access point shall be 12considered away from the primary vehicle access point to allow 13for emergency access to the dwelling units in the event the 14primary vehicle access point is not accessible. 15 o. Driveway Spacing. 16 B. DRIVEWAY SPACING. On all 17streets, the minimum Minimum spacing between driveway centerlines 18on all streets shall be in accordance with City city standards. If the 19street is under the jurisdiction of another agency, spacing shall be in 20accordance with Palm Beach County standards for county roads or 21FDOT standards for state roads, whichever is greater. 22 p. Street Connections. 23 C. STREET CONNECTIONS. 24 Local Streets to Collector Streets. 25(1) 1. Local streets to 26collectors. Local street connections to collector streets shall be a 27minimum of six hundred sixty (660) feet apart. 28 Collector Streets to Arterial Streets 29(2) 2. 30Collector streets to arterials. Collector street connections 31to arterial streets shall be a minimum of one thousand three 32hundred twenty (1,320) feet apart. 33 Double Frontage Lots. 34(3) D. DOUBLE 35FRONTAGE LOTS. Double frontage lots adjacent to a collector 36or arterial street shall front on a local street. The rear of the lot 37shall abut the collector or arterial street and be buffered as 38required by these Land Development Regulations. (Ord. No. 96- 3956, § 4, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02) 40 Limited Access Easement. 41(4) W.LIMITED ACCESS 42EASEMENTS. Limited access easements shall be provided 43along collector and arterial roads. 44 q. Cross Access Roads 45. X.CROSS ACCESS ROAD. 46Provide cross Cross access roads or drive aisles shall be provided October 21, 2010 18 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1between commercial sites wherever practical to minimize trips on 2nearby thoroughfares. 3 r. Median Strips 4. Section 15. Median strips and 5entranceways. A. MEDIANS. Medians that are part of a dedicated or 6deeded right-of-way may not be utilized for any purpose other than by 7the City city or a public utility. If a developer desires to beautify a 8median in a development, the developer may subdivision, he or she may 9do so by placing grass and shrubs of small root structure within the 10medians under the right-of-way permit issued by the City Engineer city 11engineer. 12 s. Entrances to Developments 13. B. DEVELOPMENT 14ENTRANCEWAYS. Subdivision Unless approved by the City 15Engineer, entranceways consisting of walls, fences, gates, rock piles or 16the like are not permitted within the median strip or other areas in a 17dedicated or deeded right-of-way.Walls, fences, gates, rock piles, or the 18like at project entranceways are not permitted within the median strip or 19other areas in a dedicated or deeded right-of-way. Decorative 20entranceways must be constructed upon parcels plots of land adjacent to 21a right-of-way in compliance with the zoning, building, and sign codes 22and must not constitute a traffic hazard. A guardhouse located so as not 23to create a traffic hazard may be constructed at the entrance to a 24development having private streets. (Ord. No. 02-033, §§ 3, 4, 8-20-02) 25 t. Collector Road Dedication 26. U.COLLECTOR ROAD 27DEDICATION. Collector roads within developments or subdivisions 28shall be dedicated as public streets rights-of-way unless otherwise 29approved by the City Engineer. 30 u. Visual Obstructions of Intersections. 31 E. VISUAL 32OBSTRUCTIONS. No wall, fence, sign, planting, planning, hedge, 33shrubbery, wall, or other visual obstruction shall be created or 34maintained with a height between greater than two (2) feet – six (6) 35inches and eight (8) feet above the street level, within 25 feet of the 36intersection of the right-of-way lines of two (2) streets, in any zone, 37except that open chain-link type fences may be a maximum of four (4) 38feet and kept visually clear (see Chapter 3, Article II, Section 6 and 39Chapter 4, Article II, Section 4.A.14). 40 v. Right-of-Way Improvement & Construction Standards. 41 All 42improvements to rights-of-way including but not limited to the design of 43street grades, shoulders, swale and swale areas, traffic control devices, 44street markers, materials used for surfaces and subgrades, construction 45within muck or clay, and permanent reference monuments (PRM) or 46permanent control points (PCP) shall be constructed in accordance with October 21, 2010 19 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1theEngineering Design Handbook and Construction Standards or latest 2supplement thereof. 3 4E.CONSTRUCTION IN MUCK OR CLAY AREAS.When streets or alleys are to be constructed in 5muck area, the muck or peat shall be completely removed from the centerline (10) feet beyond the edge 6of pavement on each side. When gumbo or other plastic clays are encountered, they shall be removed 7within the roadway area one foot below the subgrade extending horizontally to the outside edge of the 8shoulder area. The design of streets proposed in excessive muck areas shall be considered on an 9individual basis. 10 11F.MATERIALS. Streets shall include a subgrade, base and wearing surface in accordance with 12current city standards. Local streets shall be paved with one and one-half (1-1/2) inches of Type S-II or 13S-III asphaltic concrete surface course placed in two lifts on an acceptable base with a stabilized 14subgrade producing a fifty (50) p.s.i. Florida bearing value. All other streets of higher classification 15shall be paved with one and three-quarters (1 3/4) inches of Type S-II or S-III asphaltic concrete surface 16course placed in two lifts on an acceptable base with a stabilized subgrade producing a seventy-five 17(75) p.s.i. Florida bearing value.Acceptable base material shall be limerock or approved local shell 18having a twelve-inch compacted thickness or the equivalent of sand asphalt plant mix meeting state 19standards. An alternate of Type I asphaltic concrete one and one-half (1-1/2) inches thick may be used 20on all streets of higher classification. 21 22G.ALTERNATE TYPES OF PAVEMENT, BASE AND SUBGRADE. Alternate types of pavement, 23base and subgrade which, in the opinion of the city engineer, are equal or superior to those specified 24may be approved. Application for such approval shall be accompanied by written data, calculations and 25analyses which show, by accepted engineering principles, that the alternate types are equal or superior 26to those specified. 27 28H.STABILIZED SHOULDERS. Stabilized shoulders eight (8) feet wide shall be provided for 29distress lanes unless paved lanes are provided. The shoulder shall consist of a six-inch layer of soil 30having a minimum of fifty (50) p.s.i. Florida bearing value for local streets and seventy-five (75) p.s.i. 31for streets of higher classification. Where sod is desired, it shall be installed prior to acceptance of the 32subdivision. As an alternative, six (6) inches of stabilization may be left four (4) inches below finished 33grade. No time extensions will be granted on the basis of incomplete stabilized shoulders. 34 35 I.STREET GRADES. Street grades shall be determined in relation to the drainage installations for 36the subdivision. Street grades shall not exceed two and one-half percent (2-½%) unless adequate 37protection for erosion is provided. Swale section grades shall not be less than thirty-two hundredths 38percent (0.32%) and guttered section grades shall not be less than twenty-four hundredths percent 39(0.24%) unless otherwise approved by the City Engineercity engineer. Road drainage shall be shown 40on development plans by direction, percent of fall and with a centerline distance between control points. 41 42J.SWALE AND SWALE GRADES. Swale grades within the right-of-way shall comply with 43current city standards including, but not limited to, the recreation and parks department policy and 44procedure manual. Runoff may be accumulated and carried in swales or guttered sections in the right- 45of-way along streets in accordance with the maximum flood lines shown in the current city standards. 46Water in excess of these quantities shall not be carried in the street swale or gutter but shall be diverted 47into storm facilities. October 21, 2010 20 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1 2Section 13.Street markers. Street markers shall be provided at each intersection in the type, size, and 3location required by current city standards. Street name signs shall carry the street name on the 4approvedsubdivision documents. 5 6S.STREET MARKERS. One street marker as prescribed by current city standards shall be provided 7at each intersection eight (8) feet from the edge of pavement on a radial line that bisects the intersection 8radius curve. 9 10Section 16. Traffic control devices. The developer shall install traffic control devices on roads within 11and interfacing with the developmentor subdivision.When required, the developer shall conduct a 12traffic impact analysis in accordance with the concurrency requirements of Palm Beach County Traffic 13Engineering Division and these regulations and any other requirements determined necessary by the 14city engineer, who shall determine the traffic control requirements. (Ord. No. 02-033, §§ 3, 4, 8-20-02) 15 16Section 17. Traffic control devices. The design of traffic control devices shall be in accordance 17with the manual for uniform traffic control devices. 18 19Section 18. Monuments. The design of permanent reference monuments,“P.R.M.'S” and permanent 20control points, “P.C.P.'S” shall be as prescribed by Chapter 177, Florida Statutes, as amended. Where 21such monuments occur within street pavement areas, they shall be installed in a typical water valve 22cover, as prescribed in the current city standards. 23 5. Construction, Repair, or Alterations. 24 ARTICLE II. 25CONSTRUCTION, REPAIR OR ALTERATION 26 a. Street Access Permit 27. Section 1. Standards, permit 28required. All work performed in public or private rights-of-way shall 29conform with the current Department of Public Works, Engineering 30Division'sEngineering Design CriteriaHandbook and Construction 31Standards Handbook Manual. Except as provided herein, any person 32desiring to perform or have performed any of the activities acts covered 33by this article chapter wherein a permit is required shall secure such a 34permit in accordance with the rules and regulations set forth in Chapter 352, Article III, Section 4 this chapter. (Ord. No. 02-033, § 4, 8-20-02; 36Ord. No. 05-014, §§2, 3, 3-1-05) 37 b. Street Opening Permit 38. ARTICLE III. STREET 39OPENINGS Section 1. Permit required; compliance with chapter. 40Any person desiring to plow, dig, scrape or in any way make or have 41made any hole, pit, ditch or excavation in or upon any street, alley, 42roadway or public land shall proceed with such work only after 43obtaining a permit therefore and in compliance with all regulations 44contained in or promulgated under this article chapter including the 45city’s Department of Public Works, Engineering Division’sEngineering 46DesignCriteria and StandardsHandbook and Construction Standards. October 21, 2010 21 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1It shall be conducted in accordance with Chapter 2, Article III, Section 24. (Ord. No. 05-014, §§ 2, 3, 3-1-05) 3 c. Alterations to Medians 4. Y. ALTERATIONS TO 5MEDIANS. 1. Whenever alterations of medians are deemed 6necessary by the City Commission for the promotion and protection of 7the health, safety and general welfare of the community, the costs for 8such alterations shall be borne by the developers or property owners of 9such land development projects. 10 d. Nuisance Abatement. 11 Section 20. Nuisance abatement. 12Applicant for clearing and grubbing permit and / or land development 13permit shall describe in writing how blowing sand, dust and other 14airborne matter will be controlled during clearing, grading and filling 15and until such time as permanent ground cover is installed. 16 6. Abandonment 17. All requests to abandon a public or private right- 18of-way shall be conducted in accordance with Chapter 2, Article II, Section 2.A. 19 20ARTICLE III. IDENTIFICATION OF REQUIRED IMPROVEMENTS Section 1. Alleys. Alleys are 21required along rear lot lines of commercial subdivisions and are permitted in industrial subdivisions. 22 23Section 2. Alleys. Alleys shall be paved eighteen (18) feet wide in a minimum twenty-foot right-of- 24way for commercial and industrial use and shall have appropriate radii for the use intended. Alleys 25shall have inverted crowns with three-eighths (3/8) inch per foot traversed slope. The alley grade shall 26not exceed two and four-tenths percent (2.40%) or be less than forty-hundredths per cent (0.40%) 27unless otherwise approved by the city engineer. Alley intersections and sharp changes in alignment 28shall be avoided and dead end alleys are prohibited. (Ord. No. 02-033, § 3, 4, 8-20-02; Ord. No. 03- 29018, §§ 1-3, 6-3-03) 30 D.Sidewalks. 31 32 1. General. 33 34 a. Purpose and Intent. 35 The purpose and intent of this subsection 36is to design rights-of-way by planning for, and providing safe, orderly, 37and comprehensive pedestrian linkages throughout the City, and to 38promote Complete Street initiatives. 39 b.Applicability. 40Unless otherwise exempt or waived by the 41City Engineer, no person shall improve any parcel of land within the 42City, or change the occupancy classification (as defined by the Florida 43Building Code), without installing a sidewalk in conformance with the 44Engineering Design Handbook and Construction Standards and the 45standards contained herein. A right-of-way permit to construct a 46sidewalk shall be required in accordance with Chapter 2, Article III, October 21, 2010 22 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1Section 4, prior to the issuance of any certificate of occupancy / 2completion. 3 c. Exemptions. 4 The following improvements and construction 5activities shall be exempt from the standards contained herein and the 6permitting procedures of Chapter 2, Article III, Section 4: 7 8(1) Unimproved Lots. Any proposed improvement to an 9undeveloped lot, platted or unplatted, and the cost of such 10improvement is less than 70% of the current assessed property 11valuation. 12 13(2) Improved and Developed Lots. 14 15(a) The construction of any addition proposed to a 16principal building located in single-family and two- 17family residential zoning districts which is less than 25% 18of the gross floor area of such existing building; or 19 20(b) The construction of any accessory building / 21structure, or the reconstruction or remodeling of any 22existing residential building located in single-family and 23two-family residential zoning districts, and the cost of 24such improvement is less than 50% of the current 25assessed valuation. 26 d. Waivers. 27Upon the recommendation of the City Engineer, 28the sidewalk requirements contained herein may be waived for an 29individual lot in accordance with Chapter 2, Article III, Section 5, when 30adequate pedestrian circulation is provided by bicycle or pedestrian 31paths, or where the sidewalk requirement would not be compatible or in 32harmony with adjacent or nearby previously developed without 33sidewalks. 34 2. Standards. 35 36 a. 37 Sidewalks shall be constructed on both sides of all local and 38collector streets, and on one (1) side of marginal access streets in all 39areas. 40 b. 41Sidewalks constructed within public or private rights-of-way 42shall conform to the Florida Department of Transportation Standards 43Specifications and Roadway and Traffic Design Standards (as 44applicable), the Manual of Uniform Control Devices (MUTCD) as 45applicable, and the Engineering Design Handbook and Construction 46Standards, or the latest supplements thereof. 47 October 21, 2010 23 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS c. 1 Except as provided herein, any person desiring to perform or 2have performed any of the acts covered by these Land Development 3Regulations wherein a right-of-way permit is required shall secure such 4permit in accordance with the following standards: 5 6(1)If any street abutting the property on which such 7construction is to occur is depicted on the map or schedule on 8file in the Public Works Department of the City as a street on 9which sidewalk construction is to be required, sidewalks shall be 10constructed along the entire street frontage of such parcel; in the 11case of a corner lot, the sidewalk shall be constructed also along 12the access side. 13 14(2)If any street abutting the property on which such 15construction is to occur is not depicted on the map or schedule 16on file in the Public Works Department of the city as a street on 17which sidewalk construction is required, the property owner 18shall pay a fee equal to the cost to the city per square foot of 19construction of the sidewalk abutting the property, as such fee is 20determined annually by the Director of Public Works. 21 d. 22 A dual system consisting of sidewalks within pubic rights-of-way 23and bicycle / pedestrian paths outside of the public right-of-way may be 24required to provide adequate pedestrian circulation. Paths shall be 25constructed concurrently with the other required improvements in 26accordance with the Engineering Design Handbook and Construction 27Standards, and be included in the surety described in Chapter 2, Article 28III, Section 6. 29 3. Construction, Repair, or Alterations. 30 All new construction of 31sidewalks or repair and / or alteration of existing sidewalks shall require a 32permit in accordance with Section 4 of this Article and with Chapter 2, Article 33III, Section 4. 34 4. Abandonments. 35 Any request to abandon a public or private right- 36of-way shall be conducted in accordance with Chapter 2, Article II, Section 2.A. 37 5.Miscellaneous. 38 The control, jurisdiction, and maintenance 39obligation of bicycle / pedestrian paths not located within a public right-of-way 40shall be placed in a property owner's association or an improvement district. 41Bicycle/pedestrian paths shall be constructed concurrently with other required 42improvements. 43 6. Community Design. 44See Section 10 of this article for additional 45regulations related to sidewalks. 46 October 21, 2010 24 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS E. Pedestrian and Bicycle Paths. 1 Section 12. Bicycle/pedestrian paths. 2Bicycle/pedestrian paths shall be a minimum of eight (8) feet in width wide. In 3driveway and commercial areas, the surface, base and subgrade requirements of the 4Engineering Design Handbook and Construction StandardsArticle IV, Section 10, 5subsection F shall be met. In other areas, one (1)-inch Type II asphaltic concrete on a 6four-inch thick compacted base of locally approved limerock or shellrock shall be used. 7 When bicycle/pedestrian paths are not located within road rights-of-way, the base shall 8extend six (6) inches from each side of the surface and muck shall be completely 9removed below the base. Three-quarter (3/4) inch thick Type I asphaltic concrete may 10also be used. The cross slope shall be one-quarter (1/4) inch per foot. (Revised 4-26- 1195) 12 F. Bridges & Culverts 13. Section 2. Bridges and culverts. Bridges or culverts 14shall be provided as necessary to facilitate the proposed street system whenever a 15development subdivision is traversed by or contains canals, watercourses, lakes, 16streams, waterways or channels. Bridges or culverts are subject to approval by agencies 17having jurisdiction. Section 4. Bridges. Bridges shall be designed in general 18accord with current Florida Department of Transportation practices and shall include 19planning for utility installation. They shall be reinforced concrete or, upon request and 20approval, other low maintenance materials. Bridges shall have a clear roadway width 21between curbs two (2) feet in excess of the pavement width in each direction and shall 22provide four-foot wide sidewalks on each side. All bridge structures shall be designed 23for H-20-S16-44 loading, incorporating adequate erosion protection. 24 G. Drainage, Stormwater, and Wastewater Management. 25 Section 5-1. 26Drainage. 27 1. Drainage. 28 29 a.Applicability. 30 Any proposed building addition, 31swimming pool, patio, driveway, deck, or similar structure or 32improvement that decreases the permeable land area in excess of 800 33square feet on any parcel shall provide a professionally prepared 34drainage plan. 35 36In addition, an adequate storm, surface and ground water drainage 37system, including necessary ditches, canals, swales, percolation areas, 38detention ponds, storm sewers, exfiltration trenches, drain inlets, 39manholes, headwalls, endwalls, culverts, bridges and other 40appurtenances shall be required in all subdivisions. 41 42Any development that is part of an overall master stormwater plan may 43have the provisions of this paragraph waived at the sole discretion of the 44City Engineer or designee. 45 b. Design Standards. 46 Section 5. Drainage and storm water 47treatment. A. DRAINAGE. Provide comprehensive storm drainage October 21, 2010 25 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1facilities. Submit construction Construction plans and certified 2drainage design data includes but is not limited to the which includes, 3but is not limited to, method of control of storm water and groundwater; 4drainage plan; existing water elevations; recurring high water elevations; 5proposed design water elevations; drainage structures; canals; ditches; 6and any other pertinent information pertaining to the system. Provide 7for drainage of lots, streets, roads and other public areas including 8surface waters which drain into or through the property. The drainage 9design must provide adequate surface water drainage of naturally 10occurring or existing adjacent contributory areas. All drainage areas 11shall be designed in accordance with the Engineering Design Handbook 12and Construction Standards or latest supplement thereof. Where 13additional ditches and canals are required to accommodate contributory 14surface waters, right-of-way shall be dedicated for future needs. An 15exception exists where a developer may excavate or open sufficient 16capacity to provide for existing drainage needs whenever the developed 17or undeveloped status of adjacent areas so warrants, subject to approval 18by the City Engineer. 19 201.Design Criteria.a.Design using acceptable engineering principles. 21 22b.Protect all future buildings from a one in one hundred (100) year storm. 23 24c.Provide South Florida Water Management District (SFWMD) approval. 25 26d.Provide for maintenance of groundwater levels to prevent over drainage for the intended land 27use. 28 29e.Design for rainstorms of maximum intensity predicted for the Palm Beach County area at three- 30year intervals according to current SFWMD charts and data. 31 32f.Design for long life, low maintenance cost and ease of maintenance. 33 34g.Design so that the hydraulic gradient is not higher than grate elevations of any inlet in the 35system. 36 37h.Slope pipe and channel structures to minimize sediment. 38 39i.Use runoff coefficients applicable after complete development has occurred. 40 412.Components. 42 43a.Minimum pipe size is fifteen (15) inches in diameter. 44 45b.Distance between terminating or intermediate structures shall not exceed those required by state 46standards for the construction of maintenance inlets or manholes. 47 October 21, 2010 26 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1c.Pipe shall meet ASTM, AASHTO and current Department of Transportation specifications. 2Concrete pipe shall have gasketed joints, meeting the requirements of AASHTO. 3 4d.Metal pipe used beneath pavement or parallel within the right-of-way shall provide a joint-free 5installation. Where joint-free installations are not feasible pipe shall be jointed with a twelve12-inch 6wide band having a mastic or neoprene gasket providing a watertight joint. Other jointing techniques 7meeting or exceeding these requirements may be used if approved by the city engineer. 8 9e.Alternate types of pipe material may be considered for storm sewer systems within the right-of- 10way, including high-density, corrugated polyethylene pipe (double wall) (HDPE), covered byand 11conforming to current ASTM, AASHTO or ANSI standard specifications for materials and fabrication 12of barrel and joints, and shall meet current FDOT standard specifications and policies applicable to the 13intended use. The use of this alternate will require written approval from the city engineer. 14 15f.Pipe shall be fitted with headwalls, endwalls, inlets and other appropriate structures. 16 17g.Catchbasins and manhole covers shall be bicycle-proof. 18 193.Dedications. Where additional ditches and canals are required to accommodate contributory 20surface waters, right-of-way shall be dedicated for future needs.Exception:adeveloper may excavate 21or open sufficient capacity to provide for existing drainage needs whenever the developed or 22undeveloped status of adjacent areas so warrants, subject to approval by the city engineer. 23 244.Localized Improvements. Developers, contractors and owners of all new residential 25developments, including additions, pools, patios, driveways, decks or similar structures, on existing 26properties that decrease the permeable land area in excess of 800 square feet on any parcel shall provide 27a professionally prepared drainage plan clearly indicating compliance with this section. Upon 28completion of the improvements, a certification from a Florida-licenses engineer shall be submitted to 29the inspector prior to the issuance of any certificate of occupancy. 30 c. Drainage Easement. 31 B.DRAINAGE EASEMENTS. 32Drainage easements shall be provided where necessary at a width 33adequate to accommodate the drainage facilities in accordance with the 34Engineering Design Handbook and Construction Standards. Utility 35easements and drainage easements shall be separate unless otherwise 36approved by the Director of Utilities and the City Engineer. Where 37easement crossings occur, drainage easements shall take precedent. A 38minimum widthof twelve (12) feet shall be provided for underground 39storm drainage installations. Where canals or ditches arepermitted, the 40width shall be adequate to accommodate drainage plus twenty (20) feet 41on one side for maintenance purposes. Where the width of canals or 42ditches exceeds sixty (60) feet, they shall be accessibleto and placed 43under the control of the drainage agency having jurisdiction. Drainage 44easements shall be provided to facilitate removal of surface waters from 45contributory areas. When a or subdivision is traversed by or creates 46canals, watercourses, lakes, streams, drainage ways or channels, a 47drainage easement or right-of-way shall be provided conforming October 21, 2010 27 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1substantially with the lines of such waterway and of such width and/or 2construction as will be adequate for the purpose. 3 4Section 2. Easements or rights-of-way. Provide A stormwater easement 5or a drainage right-of-wayconformsing substantially to the lines of 6watercourse, and of such further width or construction, or both, as will 7be adequate for the purpose. Additional right-of-way may be required 8where necessary for maintenance, safety, and convenience. 9 2. Stormwater Management 10. 9.Stormwater system. When 11approved positive drainage is not available, on-site containment of stormwater 12run-off shall be provided by the developer. Details of the on-site system shall be 13approved by the City Engineer city engineer. 14 a. Applicability 15. Section 5-2. Storm water treatment. Storm 16water shall be treated in the development subdivision by providing on- 17site percolation and/or detention or any appropriate treatment technique 18acceptable to the South Florida Water Management District (SFWMD). 19 b. Design Standards 20. B. STORM WATER TREATMENT. 21Rainfall runoff, surface waters, and groundwaters shall be managed in 22developments subdivisions to optimize water quality and maximize 23percolation and detention to promote the re-use of this resource. All 24stormwater / wastewater areas shall be designed in accordance with the 25Engineering Design Handbook and Construction Standards or latest 26supplement thereof. However, pervious areas shall be sodded and 27irrigated unless other landscaping is approved by the Director of 28Planning & Zoning. The treatment shall be acceptable to the SFWMD. 29Storm Water Management shall be governed by the appropriate drainage 30agencydistrict. 31 321.Design Criteria. 33 34a.Size to accommodate at least a one (1)hour, three-year storm or to retain the first inch of runoff, 35whichever is greater. 36 37b.Provide detention for at least the first inch of rainfall in swales, retention areas or other 38approved facilities. 39 40c.Pervious areas shall be sodded and irrigated unless other landscaping is approved by the director 41of development. 42 43d.Route runoff from roads, parking lots, roofs and other impervious surfaces over areas where 44percolation is accomplished prior to introduction into any receiving facility. Runoff carried directly 45into the closed storm sewer system must be discharged to percolation areas prior to conveyance to off- 46site receiving waters. 47 October 21, 2010 28 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 12.Components. 2 3a.Maximum runoff distance over impervious surfaces before diversion to percolation areas is fifty 4(50) feet excluding roofs, sports fields, roadway gutters, and storm sewers. 5 6b.Temporary ponding shall not last more than eight (8) hours. 7 8c.Swales may be substituted for storm sewers to convey and collect surface waters. Minimum and 9maximum swale grades shall be designedin accordance with city standards. Maximum swale grade is 10limited to that grade which will produce water velocities below the threshold of erosion. Typical swale 11sections shall follow city standards. 12 13d.Water management tracts shall include a twenty-foot (20) –footwidemaintenance easement 14with a maximum side slope of eight to one (8:1) to the water level control elevation.Maximum slope 15from the water level control elevation to a point two feet below thecontrol elevation shall be four to 16one (4:1). Maximum slope below this point shall be in accordance with city stormwater retention 17criteria and standards. 18 193.Dedications. Major treatment facilities such as swales, lakes, canals, and other areas used for 20stormwater management prior to discharge from development shall be placed in water management 21tracts shown on the plat and dedicated to the entity responsible for their maintenance. 22 234.Alternate treatments. Alternate treatment methods or facilities, which in the opinion of the 24cityengineer are equal or superior to the above requirements, may be approved. Applications for such 25approvals shall be accompanied by written data, calculations and analyses which show, by accepted 26engineering principles, that the alternate proposal is equal or superior to that required. 27 28All major treatment facilities such as swales, lakes, canals, and other detention areas used for storm 29water management prior to discharge from development shall be placed in water management tracts 30shown on the plat and dedicated to the entity responsible for their maintenance. All water management 31tracts shall include where necessary, a twenty (22)-footwidemaintenance berm, with a side slope not 32steeper than eight to one (8:1) to the water control elevation and four to one (4:1) to two (2) feet below 33the water control elevation. 34 35Alternate treatment methods or facilities which in the opinion of thecity engineer are equal or superior 36to the above requirements may be approved. (Ord. No. 96-56, § 5, 1-21-97; Ord. No. 02-033, §§ 3, 4, 378-20-02) 38 H. Canals and Waterways. 39 ARTICLEVII.SUBDIVISIONS CONTAINING / 40ADJOINING WATERFRONT PROPERTY 41 1. General. 42 43 a. Applicability. 44 Section 1. General design. When a developer 45designs a development or subdivision containing / adjoining waterfront 46property either existing or proposed, such as canals, water courses, 47lakes, streams, drainage ways or channels, such development or October 21, 2010 29 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1subdivision shall comply and conform to the requirements of this article 2and this chapter. 3 b. Exemptions 4. Section 7. Exceptions. This article shall not 5apply either to drainage easements containing subsurface drainage 6systems or to the operation or activities of a governmental water control 7district agency. 8 2.Design. 9 Section 3. Design. Where canals, watercourses, lakes, 10streams, drainage ways or channels are adjacent to or exist upon the property to 11be developed, they shall retain natural characteristics or design and protect 12waterways so as to not present a hazard to life and safety. Access waterways 13proposed in conjunction with a development or subdivision shall have a 14minimum water depth of six (6) feet for a continuous bottom width of twenty 15(20) feet. Where seawalls, bulkheads or retaining walls are not required, the 16design shall incorporate a minimum of a four to one (4:1) slope from existing 17ground to a depth of six (6) feet. 18 3.Dedications. 19 20 a. Rights-of-Way. 21 C. DEDICATION OF RIGHTS-OF- 22WAY. Prior to the construction or alteration of watercourses as 23prescribed in Section 3.H.5 below paragraphs A and B of this section, 24rights-of-way or easements required for such work must be appropriately 25dedicated. Where such construction or alteration affects a governmental 26agency, the dedication, deed, or easement shall be to such agency. (Ord. 27No. 02-033, § 2, 8-20-02) 28 b. Easements. 29Section 6. Dedication.A. DRAINAGE 30EASEMENTS. Where, in the opinion of the City Engineer city 31engineer, public rights for drainage purposes are necessary, an easement 32shall be dedicated to the city. This dedication shall be in conformance 33with Section 7.A.3.a. 34 c. Waterways 35. B.WATERWAYS. Waterways, except for 36public drainage easements, shall be dedicated to a property owners' 37association or reserved for the use of the residents of a development or 38subdivision when the development or subdivision is developed as a 39condominium or cooperative development as defined by Florida Law. 40In lieu of the foregoing, waterways may be dedicated to a legally 41constituted drainage agency district. 42 4. Maintenance 43. C.MAINTENANCE. Perpetual maintenance of 44rights-of-way or easements for canals, watercourses, lakes, streams, channels or 45other water management areas shall be dedicated to a property owners' 46association unless the right-of-way or easement is public. In those cases 47maintenance may be dedicated to the city for the limited purpose of providing October 21, 2010 30 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS 1minimum drainage as determined by the City Engineer. city engineer. (Ord. 2No. 02-033, § 2, 8-20-02) 3 5. Construction, Repair, or Alterations. 4 Section 4. Construction 5and permitting. A. PLANS. No person, firm, corporation, or any other 6association shall alter, reroute, deepen, widen, change, or construct any 7waterway without first submitting construction plans and an application for a 8land development permit in accordance with Chapter 2, Article III, Section 3 9such work to the city engineer for a dredge, fill, or excavation permit. Prior 10to the issuance of such a permit, the plans shall be approved by the City 11Engineer city engineer. 12 13B.AGENCY APPROVALS. Where the dredge, fill, or excavation 14affects public property or sovereign land, the construction plans shall, prior to 15issuance of permit, be approved by the governing agencies having control over 16public property or sovereign lands such as the South Florida Water Management 17District (SFWMD), Trustees of Internal Improvement Fund (TIFF), U.S. Army 18Corps of Engineers (ACOE), Florida Department of Environmental Protection 19(FDEP), Lake Worth Drainage District (LWDD), or any other public agency 20having jurisdiction in such matters. 21 Section 4. Community Design. 22 23 A. General. 24 25 1. Purpose and Intent. 26The purpose of this section is to promote harmony 27with nature and a pleasant and comprehensible cohesiveness among 28development within the City. Through enforcement of the Community Design, 29the local elected officials shall determine the basic aesthetic character to be 30achieved in the development of the community. 31 2. Administration. 32 The Director of Planning and Zoning shall have 33the authority to coordinate, interpret, and administer this section. 34 3. Waiver. 35 Any deviation or variation from the regulations of this 36section requires the approval of a Community Design Appeal (CDPA) in 37accordance with Chapter 2, Article II, Section 4.B. 38 B. Sidewalks. 39 (4) Sidewalks and lighting. (a) All new construction in the MU-H 40District shall provide new sidewalks.The following regulations shall apply to 41sidewalks: 42 1. “Urban Mixed Use” Districts. 43The following regulations shall 44apply to sidewalks in the Mixed Use-Low Intensity 1, Mixed Use-Low Intensity 452, Mixed Use-Low Intensity 3, and Mixed Use-High Intensity districts: 46 October 21, 2010 31 ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS a.Materials. 1 (c) Sidewalks and lighting shall, where 2practical, be Holland-Stone pavers, red/charcoal color mix 2 by Paver 3Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the 4consistent with the current design elements in place along Federal 5Highway. 6 b.Design. 7 c. Pedestrian circulation.(1) Pedestrian 8circulation should be carefully planned to prevent pedestrian use of 9vehicular ways and parking spaces. 10 11(2) In all cases, pedestrian access shall be provided to public 12walkways. 13 2.Mixed Use-High Intensity (MU-H) District. 14 Sidewalks 15constructed along arterial roadways shall be a minimum of ten (10) feet wide, 16measured from the rear back of the curb. 17 3. Mixed Use Developments 18. (4) Sidewalks. (a) Sidewalk accents 19via pavers or stamped colored concrete shall be utilized in all central pedestrian 20ways of mixed-use development areas only. 21 4. Large Non-Residential Development (Big Box) Regulations. 22 See 23Chapter 4, Article III, Section 3.I for additional regulations regarding pedestrian 24pathways within large non-residential (big box) developments. 25 Section 5. Penalties. 26 27 28The City or any other legal authority shall enforce any violation of this article pursuant to the 29penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 30Regulations. 31 32 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 4 Site Development Standards\Final\Amended\Article VIII Utilities, Roadways, and 33 Infrastructure Standards.doc October 21, 2010 32 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS ARTICLE IX. BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION 1 REQUIREMENTS. 2 3 Section 1. General. 4 5 A. Purpose and Intent. 6The purpose of the article is to provide for adequate 7building, construction, and historic preservation regulations. The intent is to secure the 8public safety, health, and general welfare through structural strength, stability, 9sanitation, light and ventilation, and safety to life and property from fire and other 10hazards attributed to the built environment. 11 B. Administration. 12 The Building Official shall have the authority to interpret 13and administer this article. 14 C. Applicability. 15The provisions of these regulations shall apply to the 16construction, alteration, repair, equipment, use and occupancy, location, maintenance, 17removal and demolition, of every building and structure or any appurtenance connected 18or attached to such buildings or structures. 19 D. Terms and Definitions. 20See Chapter 1, Article II for definitions and terms 21associated with building, construction, and historic preservation requirements. 22 E. Conflict. 23 Whenever the regulations and requirements of this code conflict 24with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the 25most restrictive shall apply, unless otherwise stated herein. 26 F. Relief from Requirements. 27 Unless described otherwise, any deviation from 28the building, construction, and historic preservation requirements contained herein shall 29require approval of a variance application, which is subject to review and approval by 30the Building Board of Adjustment and Appeals. A request for a variance shall be 31reviewed in accordance with Chapter 1, Article VII, Section 3.C. 32 Section 2. City Approval Required. 33 34 A. Private Property and Public Lands. 35 No structure or building shall be 36erected, constructed, reconstructed, or structurally altered on private property or public 37lands without first securing a building permit from the Building Division in accordance 38with the procedures set forth in Chapter 2, Article IV, Section 2. The building permit 39process shall be required and initiated only subsequent to the approval of a site plan 40application, except in those instances when site plan review is not required. For the 41purposes of this subsection, the term “site plan” is construed to include master site plan 42and technical site plan applications.Any building permit application that proposes 43demolition activities is subject to the Tree Preservation Ordinance of Chapter 4, Article 44I. Such application, shall address the possible removal, relocation, or replacement of 45existing trees and plant material in connection with the demolition activity, which may 46result in the requirement to obtain a land development permit from the Engineering 47Division in accordance with Chapter 2, Article III, Section 3. In all instances, however, November 1, 2010 1 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1the issuance of a building permit shall not relieve any party from obtaining the 2necessary permits which may be required by the various federal, state, or local 3government agencies. 4 B. City Rights-of-Way. 5 A right-of-way permit application shall be required for 6any proposal to construct, reconstruct, repair, alter, or grade in, or upon, any area with a 7city right-of-way in accordance with the procedures set forth in Chapter 2, Article III, 8Section 4. 9 10A.BUILDING PERMITS REQUIRED. No structure or building shall hereinafter be erected 11or structurally altered until a building permit has been issued by the development director. All 12buildings, structures, and uses of land shall comply with the regulations of this ordinance and 13with all applicable building and health laws and ordinances. Each application for a building 14permit shall be accompanied by a survey in duplicate, drawn to scale, showing the actual 15dimensions of the lot or lots to be built upon, the size of the building or structure to be erected 16or structurally altered, its location on the lot or lots, and such other information as may be 17required as to provide for the enforcement of these regulations. 18 Section 3. Certificate of Occupancy or Completion. 19 20 21No building or structure shall be used or occupied, and no change in the existing occupancy 22classification of a building or structure or portion thereof shall be made until the Building 23Official has issued a certificate of occupancy or certificate of completion as provided herein. 24Issuance of a certificate of occupancy or certificate of completion shall not be construed as an 25approval of a violation of the provisions of these or other City regulations or the Florida 26Building Code. 27 28B.CERTIFICATE OF OCCUPANCY. No building or structure hereafter erected or 29structurally altered shall be issued a certificate of occupancy until the development director 30makes a finding that the building or structure has been erected or structurally altered in 31conformance with the provisions of this ordinance, and of all other applicable ordinances. 32 33C. No building permit or certificate of occupancy shall be issued for any improvements upon 34a property where the provisions of this article have not been complied with. 35 36Section 13. Zoning administrator. Building permits. No building permit or certificate of 37occupancy or zoning compliance shall be issued in or for development in a PUD district except 38in conformity with all provisions of the zoning or PUD classifications and plans submitted 39underSection 11 of these zoning regulations. 40 41Section 5. Certain construction activities; sidewalks, when required. Prior to the issuance of 42any certificate of occupancy / completion for any improvement exceeding 70% of its current 43assessed property valuation, the owners of all undeveloped lots, platted or unplatted, and the 44owners of all plots not subject to platting, shall construct a sidewalk within the right-of-way in 45conformance with Chapter 4, Article VIII, Section 3. Chapter 6, Article IV, Section 10. T of the 46Land Development Regulations. This requirement shall also apply when a change in occupancy November 1, 2010 2 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1as defined in the Florida Building Code occurs and/or when any building is reconstructed in an 2amount which exceeds 50% fifty (50) per cent of its current assessed valuation. 3 4Section 7. Obtaining Certificates of Occupancy. No certificates of occupancy or certificates 5of completion Certificates of Occupancy will be issued for buildings in the platted development 6or subdivision until all required improvements are completed, approved, and / or accepted by 7the City, except that a developer may, at his option, post additional 110% surety in compliance 8with Chapter 2, Article III, Section 6 Chapter 7 for work which may be more prudently put in 9place subsequent to building construction such as sidewalks and landscaping. Certificates of 10Occupancy will not be issued for the final ten (10%) percent of the buildings until such work is 11approvedand / or accepted by the City city as completed. (Ord. No. 96-56, § 9, 1-21-97) 12 13Section 11. Maintenance.Upon the issuance of a certificate of occupancy an improved site 14must be maintained in compliance with the approved Ssite plan. 15 Section 4. Florida Building Code Requirements. 16 17 18The Florida Building Code 2004, Gas, Mechanical and Plumbing Codes, 2004 Edition, and the 192005 National Electrical Code including future editions or revisions as adopted by the city, are 20hereby adopted as the minimum Building Code for the City of Boynton Beach. The Boynton 21Beach Amendments to the Florida Building Code include the following: 22 A. Administration. 23Chapter 1, Administration, as described in the Boynton 24Beach Amendments, and is incorporated herein in the Florida Building Code 2004, Gas, 25Mechanical and Plumbing Codes, 2004 Edition, and the 2005 National Electrical Code. 26 B. City Amendments. 27The City of Boynton Beach Administrative Amendments 28to the 2004 Florida Building Code, Plumbing, Mechanical, Gas, and 2005 National 29Electrical Code are incorporated in this document and made a part hereof, copies shall 30be maintained on file in the Office of the City Clerk and shall be available to the public. 31 Section 5. Coastal Building Zone Requirements. 32 33 34The coastal building zone for the city is the land area from the seasonal high-water line 35landward to a line 1,500 feet landward from the coastal construction control line as established 36pursuant to Section 161.053, Florida Statutes. Development projects within this zone must 37utilize best management construction techniques for natural resource protection and must 38conform to the goals, objectives and policies of the Coastal Management Element of the 39Comprehensive Plan. 40 41The coastal construction code was adopted on August 19, 1986 and applies to all construction 42within the coastal building zone, and is incorporated herein by reference. A copy is on file and 43available for inspection in the offices of the City Clerk and Director of Development. 44 45 46 47 November 1, 2010 3 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS Section 6. Historic Preservation Requirements. 1 2 A. Purpose and Intent. 3These provisions are designed to identify, protect, restore 4and encourage the reuse of Resources, all of which are essential to the City’s health, 5safety, morals and its economical, educational, cultural, and general welfare. These 6valid public purposes shall be fulfilled by the ordinance, to achieve the following goals: 7 1. 8 Preserve, protect, enhance and perpetuate Resources which represent 9distinctive and significant elements of the City’s historical, cultural, social, 10economical, political, archaeological, and architectural identity; and/ or serve as 11visible reminders of the City’s culture and heritage; 12 2. 13 Ensure the harmonious, orderly, and efficient growth, prosperity and 14development of the City through retention and reuse of its historic and cultural 15Resources; 16 3. 17 Strengthen civic pride and cultural stability through neighborhood 18conservation; 19 4. 20 Contribute to the stabilization of the economy of the city through the 21continued use, preservation, conservation and revitalization of its Resources; 22 5. 23 Protect and enhance the city’s historic, cultural and architectural 24attractions to tourists and visitors and the support and stimulus to business and 25industry thereby provided; 26 6. 27 Promote the use of Resources for the education, pleasure, and welfare of 28the people of the City; 29 7. 30 Provide a review process for the continued preservation and appropriate, 31compatible and sensitive development of new construction and additions with in 32the city’s historic districts and neighborhoods; 33 8. 34 Protect an enhance the scale, character and stability of existing 35neighborhoods, and protect against destruction of or encroachment upon areas 36which contribute to the character of the City; 37 9. 38 Facilitate the creation of a convenient, harmonious and attractive 39community, and protect the architectural beauty, special architectural features, 40and special landscape features of the City; 41 10. 42 Avoid demolition, or other adverse effect on historic properties 43(Properties) and districts, which would cause an irreparable loss to the City; 44 11. 45Assist neighborhoods to achieve a positive neighborhood identity and 46sense of place. 47 November 1, 2010 4 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1In addition, these provisions are designed to implement, be consistent with, and 2assist in the achievement of the goals, objectives and policies, as specifically 3required by the City’s Comprehensive Plan, with respect to historic, 4conservation, and neighborhood Resources. 5 B. Terms and Definitions. 6See Chapter 1, Article II for all applicable terms 7and definitions which pertain to the historic preservation regulations and standards 8contained herein. 9 C. Designation of Historic Properties and Districts. 10 11 1. Guidelines for Historic Designation. 12 To qualify as a Property or 13a District, individual properties must have significance in American history, 14architecture, archeology, engineering or culture and possess integrity of 15location, design, setting, materials, workmanship, and association. For Districts, 16eligibility is based on the establishment of historic contexts or themes which 17describe the historical relationship of the Properties within the district. In the 18case of a District, at least 50% of the Buildings shall be at least fifty years old, 19and / or shall be significant in one or more of the following areas; 20 a. 21 Association with events that have made a significant contribution 22to the broad patterns of the City’s history; or 23 b. 24 Association with the lives of persons significant in the City’s 25past; or 26 c. 27 Embodies the distinctive characteristics of a type, period or 28method of construction, or represents the work of a master, or possesses 29high artistic values, or represents a significant and distinguishable entity 30whose components may lack individual distinction; 31 d. 32 Has yielded, or may be likely to yield, information important in 33prehistory or history. 34 2. Procedures. 35 36 a. Eligible Applicants. 37 Applications for historic designation may 38be initiated by only the following: 39 40(1) Historic Resources Preservation Board, herein referred to 41as “Board” (see Chapter 1, Article VII, Section 4). 42 43(2) City Commission. 44 45(3) A property owner for designation of a Site. 46 November 1, 2010 5 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1(4) A simple majority of property owners within the 2proposed District under consideration for designation. 3 4Only the Board or the City Commission may initiate designation 5of a property or district owned by the City, County, State or by 6an entity created by state law. For District designations, each 7Property shall be allotted one vote. The identity of the property 8owners shall be determined by the most current Palm Beach 9County Property Tax Rolls. 10 b. Application Form. 11 Nominations for historic designations shall 12be made only on application forms approved by the Board. 13 c. Board Agenda. 14 Following staff determination that an 15application for designation is complete; the application shall be 16scheduled for a public hearing by the Board. 17 d. Board Public Hearing Notice. 18The Board shall advertise 19and hold a public hearing in accordance with Section 166.041, Florida 20Statutes. Notice of the time, place and subject matter of the hearing 21shall be published in a newspaper of general circulation in the City, 22mailed to the applicant and mailed to any owner of real property within 23400 feet of the property or district subject to potential designation, at 24least 30 calendar days prior to the date set for the public hearing. 25 e. No Action Permitted During Pendency. 26 During the period 27that a designation application is pending, no changes to the property or 28district shall be made unless first approved by the Board. The 29application is considered “pending” until the final decision on the 30designation is made by the City Commission. 31 f. Board Recommendations. 32 The Board shall make a 33recommendation as to the proposed designation at the public hearing, 34based on findings of fact which support the recommendation. The 35Board’s recommendation shall be reduced to writing within 15 working 36days after the hearing date. If the Board votes to recommend approval, 37it will forward the application with recommendations to the City 38Commission. If the Board recommends denial, no further action is 39required unless an applicant, or not less than two-thirds of the affected 40property owners (in the case of a District), appeals to the City 41Commission. In such event the City Commission may reconsider 42designation or require the Board to do so. 43 g. City Commission Decision. 44 Following the Board hearing, a 45designation application with a Board recommendation for approval shall 46be scheduled for hearing by the City Commission. The City 47Commission may approve or deny the designation application. November 1, 2010 6 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1Alternatively, the City Commission may approve the designation with 2conditions or delay designation for up to one (1) year. The City 3commission shall make written findings of fact on which its decision is 4based. 5 h. Boynton Beach Register of Historic Places. 6 A Resource 7designated by the City Commission as historic shall be listed in the 8Boynton Beach Register of Historic Places. Resources listed in, or 9eligible for listing in the National Register or on the Boynton Beach 10Register of Historic Places, either as a Property or as a Contributing 11Property within a District, may be entitled to modified enforcement of 12the City’s applicable building and zoning codes, if in accord with the 13Design Guidelines Handbook. 14 i. Designation Recorded. 15 The historic designation ordinance 16shall be recorded in the Official Records of Palm Beach County. The 17designation shall be noted in the official records of the City’s Planning 18& Zoning and Building Departments to ensure that all City actions taken 19in connection with the subject property or district are taken subject to the 20designation. 21 j. Historic District Street Signs. 22 For Districts, the City shall 23erect standardized street signs identifying the District within two (2) 24years from the date of such designation, subject to economic feasibility. 25The design shall be first approved by the Board. 26 3. Removal of Designation. 27 A designation may be removed by the City 28Commission based upon the Board’s recommendation. Such recommendation 29shall be based upon new and compelling evidence and evaluation of work or 30natural cause producing an adverse effect to a Property or District. The same 31guidelines and the same procedures established for designation shall be 32considered for a removal of designation. 33 4. Designation of County, State or Other Political Subdivision 34 Properties. 35 County, state or political subdivision entity-owned Properties 36may be designated as a Property or District if such designation is not prohibited 37or preempted by law, or otherwise provided for in the Intergovernmental 38Coordination Element of the Comprehensive Plan. In the absence of 39prohibition, preemption, or other agreement, such other government may only 40avoid designation of its Property by bearing the burden of proof that public 41interests, on balance, are best served by avoiding such designation. Such 42determination shall be established by the process as set forth in this ordinance. 43Once designated, unless reversed upon appeal, such designated Property or 44district shall comply with and be regulated by all regulations contained in this 45ordinance. 46 November 1, 2010 7 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 5. Maintenance and Repair of Designated Properties; Demolition by 1 Neglect Prohibited. 2 3 a. Ordinary Maintenance or Repair. 4Nothing in this chapter 5shall be construed to prevent the ordinary maintenance or repair of any 6exterior elements of any building or structure that does not involve a 7change of design, appearance or material, and which does not require a 8building permit. 9 b. Affirmative Maintenance Required. 10 The owner of a 11property designated pursuant to this chapter either individually or as a 12contributing part of a district or zone shall comply with all applicable 13codes, laws and regulations governing the maintenance of property. It is 14the intent of this section to preserve from deliberate or inadvertent 15neglect the exterior features of such properties and the interior portions 16thereof when maintenance is necessary to prevent deterioration and 17decay of the property. All such properties shall be preserved against 18decay and deterioration and shall be free from structural defects though 19prompt corrections of any of the following defects: 20 21(1) Facades that fall and injure the subject property, 22adjoining property or members of the public; 23 24(2) Deteriorated or inadequate foundations, defective or 25deteriorated flooring or floor supports, deteriorated walls or 26other vertical structural supports; 27 28(3) Members of ceilings, roofs ceiling and roof supports or 29other structural members that may rot, sag, split or buckle due to 30defective material or deterioration; 31 32(4) Deteriorated or ineffective waterproofing of exterior 33walls, roofs, foundations or floors, including broken, unsecured 34or missing windows or doors. 35 36(5) Any fault or defect in the property that renders it 37structurally unsafe, insufficiently protected from weathering, or 38not properly watertight. 39 D. Certificate of Appropriateness. 40 The Board or staff shall review actions 41affecting the exterior of Properties and all Resources, including non-contributing 42Properties, within Districts. 43 1. Board Approval Required. 44 45 a. Board Approval. 46 Utilizing the Design Guidelines 47Handbook, the Board reviews applications for Certificates of November 1, 2010 8 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1Appropriateness for alterations, new construction, demolitions, 2relocations, and Certificates of Economic Hardship affecting proposed 3or designated Properties or Properties within Districts. 4 b. Delegation of Review Authority. 5 The Board may delegate to 6staff the authority to administratively review and grant a Certificate of 7Appropriateness without formal action by the Board. This delegation of 8review shall be depicted in a “Historic Resources Preservation Board 9Certificate of Appropriateness Approval Matrix” (the “Matrix”). The 10Matrix will contain a list of design features, such as roofing materials, 11window types, shutter types, etc. The Matrix will indicate whether such 12features may be administratively reviewed or if Board review is 13required. The Board shall approve or amend the “Historic Resources 14Preservation Board Certificate of Appropriateness Approval Matrix” as 15needed. This delegation of review may also be returned to the Board at 16its discretion. In conducting its reviews, staff will utilize the Design 17Guidelines Handbook as one analytical tool in evaluating any 18applications. 19 20If staff does not grant administrative approval of an application, the 21application will be referred to the Board for review. Any applicant may 22request referral to the Board rather than administrative review. An 23application referred by staff or an applicant will be considered in 24accordance with the application review schedule contained in Section 252(B) below. 26 2. Application Procedure, Fees and Review. 27 28 a. Application and Fees. 29 Requests for Certificates of 30Appropriateness shall be made on application forms approved by the 31Board. Submittal of the application must be made with the appropriate 32site plans, drawings, photographs, descriptions, and other documentation 33needed to provide staff and the Board with a clear understanding of the 34proposed action. Application fees and other applicable charges shall be 35established by resolution adopted by the City Commission. 36 b. Completeness Review and Board Agenda. 37 Staff shall review 38all applications for Certificates of Appropriateness to determine whether 39an application is complete. If the application is incomplete, staff will 40notify the applicant of what additional information is necessary. An 41application will not be reviewed until staff determines that it is 42complete. 43 44All Certificate of Appropriateness applications eligible for 45administrative review will be reviewed in a timely manner and a written 46decision sent to the applicant. All Certificate of Appropriateness 47applications requiring Board review will be scheduled for hearing by the November 1, 2010 9 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1Board at the first available meeting approximately six weeks after 2receipt of the completed application. Notice of time, place and subject 3matter of the hearing shall be published in a newspaper of general 4circulation in the City not less than 10 days before the meeting. A sign 5stating that an application will be considered by the Board shall be 6posted by the applicant at the Property not less than 10 days before the 7meeting. 8 c. Secretary of the Interior’s Standards for Rehabilitation. 9 In 10reviewing an application, the Secretary of the Interior’s Standards for 11Rehabilitation (as may be amended from time to time) shall be applied. 12The current version is as follows: 13 14(1) A Property shall be used for its historic purpose or be 15placed in a new use that requires minimal change to the defining 16characteristics of the Building and its site an environment. 17 18(2) The historic character of a Property shall be retained and 19preserved. The removal of historic materials or alteration of 20features and spaces that characterize a Property shall be avoided. 21 22(3) Each Property shall be recognized as a physical record of 23its time, place, and use. Changes that create a false sense of 24historical development, such as adding conjectural features or 25architectural elements from other buildings, shall not be 26undertaken. 27 28(4) Most Properties change over time; those changes that 29have acquired historic significance in their own right shall be 30retained and preserved. 31 32(5) Distinctive features, finishes, and construction techniques 33or examples of craftsmanship that characterize a historic 34property shall be preserved. 35 36(6) Deteriorated historic features shall be repaired rather than 37replaced. Where the severity of deterioration requires 38replacement of a distinctive feature, the new feature shall match 39the old in design, color, texture, and other visual qualities and, 40where possible, materials. Replacement of missing features shall 41be substantiated by documentary, physical, or pictorial evidence. 42 43(7) Chemical or physical treatments, such as sandblasting, 44that cause damage to historic materials shall not be used. The 45surface cleaning of buildings or Structures, if appropriate, shall 46be undertaken using the gentlest means possible. 47 November 1, 2010 10 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1(8) New additions, exterior Alterations, or related new 2construction shall not destroy historic materials that characterize 3the Property. The new work shall be differentiated from the old 4and shall be compatible with the massing, size, scale, and 5architectural features to protect the historic integrity of the 6Property and its environment. 7 8(9) New additions and adjacent or related new construction 9shall be undertaken in such a manner that if removed in the 10future, the essential form and integrity of the historic Property 11and its environment would be unimpaired. 12 d. Additional Criteria. 13 The above Standards for Rehabilitation 14shall be supplemented by the following criteria specific to certain types 15of requests: 16 17(1) New Construction and Alterations. The following 18design elements and features should be visually compatible with 19Resources in the Surrounding Buildings. When the building is 20situated within a Historic District, the term Surrounding 21Buildings, as utilized in item a. through item i. below, shall be 22expanded to include those Contributing Properties within the 23entire District. 24 25(a) Setting, Orientation and Setbacks. The 26Building should be situated approximately the same 27distance from the street as adjacent Buildings, to create a 28continuous street edge. The orientation of the Building 29should be consistent with that of the Surrounding 30Buildings. The Setting should be designed with the 31overall environment in mind. It should take into account 32the compatibility of landscaping, parking, service areas, 33walkway, and accessory structures. 34 35(b) Building Height. The height of the Building 36at street level should be visually compatible with the 37height of Surrounding Buildings. 38 39(c) Design Styles. New Buildings should take their 40design cues from the Surrounding Buildings. Traditional 41or contemporary design standards and elements should 42relate to the Surrounding Buildings. 43 44(d) Proportion of Openings. The relationship of 45the width of windows and doors to the height of windows 46and doors should be visually compatible with the 47Surrounding Buildings. November 1, 2010 11 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1 2(e) Rhythm of Solids to Voids. The relationship 3between solids (walls) and voids (windows and doors) of 4a Building should be visually compatible with the 5Surrounding Buildings. 6 7(f) Rhythm of Spacing along the Street. The 8relationship of Buildings to the open space between them 9should be compatible with the other Buildings on each 10side of the street in that block. 11 12(g) Relationship of Materials and Textures. The 13materials and textures of a Building should be chosen 14with the predominant materials of the Historic District in 15mind. Simplicity in such use is preferable. 16 17(h) Roof Shapes. The roof shape of a Building is a 18major distinguishing feature. The roof shape of a new 19Building should be compatible with those of the 20Buildings in the Historic District. 21 22(i) Size, Scale, Bulk, Mass and Volume. The 23physical size, scale, bulk, mass and volume should be 24compatible with the Surrounding Buildings without 25overwhelming them. 26 27(2) Demolition. 28 29(a) Simultaneous certificates required. No Building 30or Structure on a Property or located within a District 31shall be demolished without first receiving a Certificate 32of Appropriateness for new construction. The 33applications for demolition and new construction shall be 34reviewed by the Board simultaneously. The requirement 35of a Certificate of Appropriateness for new construction 36may be waived by the Board upon a good cause showing 37that such requirement would be unduly harsh or would 38result in a substantial hardship to the Property owner. 39 40A showing of good cause may include, but is not limited 41to, evidence that the Property owner is unable to comply 42with the requirement for simultaneous new construction 43due to advanced age, infirmity, physical or other 44debilitating handicap, or financial hardship. 45 46If an application for Certificate of Appropriateness for 47Demolition is approved, the owner shall, at his/her November 1, 2010 12 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1expense, fully record the building prior to Demolition. At 2a minimum, the owner shall provide an architectural 3description, floor plan with interior and exterior 4dimensions, interior and exterior photographs, and any 5other information requested by the Board. Said record 6shall be deposited in the local archives, where it will be 7made available to the public. 8 9Upon approval by the Board of a Certificate of 10Appropriateness for Demolition, the demolition permit 11shall not be issued until all demolition and new 12construction plans for the Property have received all 13other required governmental approvals. 14 15The existence of one or more of the following conditions 16may be the basis for denial of a demolition application: 17 18(i) The Resource contributes significantly to 19the historic character of a designated Property or 20District. 21 22(ii) The Resource is listed on the National 23Register. 24 25(iii) The Resource is one of the last remaining 26examples of its kind in the neighborhood or City. 27 28(iv) The Resource is capable of being repaired 29and reused in a practical and feasible manner. 30 31(v) Retention of the Resource would promote 32the general welfare of the City by providing an 33opportunity to study local history, architecture 34and design, or by developing an understanding of 35the importance and value of a particular culture 36or heritage. 37 38(vi) Granting a Certificate of Appropriateness 39for the Demolition would result in an irreparable 40loss to the City of a significant Resource. 41 42(vii) The plans for the simultaneous new 43construction (if the Demolition is granted) are not 44compatible with the Property or District. 45 46(b) Demolition Delay Period. The Board may 47grant a Certificate of Appropriateness for Demolition November 1, 2010 13 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1which may contain a delayed effective date. The 2effective date will be determined by the Board based on 3the relative significance of the Resource and the probable 4time required to arrange a possible alternative to 5demolition. The Board may delay demolition for up to 6three (3) months. During the demolition delay period, the 7Board may take such steps as it deems necessary to 8preserve the Resource. Such steps may include, but are 9not limited to: consultations with community groups, 10public agencies and interested citizens; recommendations 11for acquisition of the Property by public or private 12bodies, or agencies; an exploration of the possibility of 13moving the Resource. 14 15(c) Salvage and Preservation of Specific Features. 16 The City Commission upon recommendation by 17the Board may require the Property owner, at City 18expense, to salvage and preserve specified classes of 19building materials, architectural details, ornaments, 20fixtures and the like. 21 22(d) Authority to Initiate Designation. If an 23undesignated property warrants it and it is otherwise 24authorized under this ordinance, staff may initiate, or 25recommend that the Board initiate, the designation 26application and review process. Staff may further request 27that the Board require that the issuance of a demolition 28permit be stayed pending the Board’s review of the 29application and the City Commission’s decision to 30designate or deny designation of the property. However, 31the maximum period during which the issuance of a 32demolition permit may be stayed pursuant to this 33paragraph is one hundred twenty (120) days, unless 34extended by the City Commission. 35 36(3) Relocation. The existence of one or more of the 37following conditions may be the basis for denial of a relocation 38application: 39 40(a) The historic character or aesthetic interest of the 41Resource contributes to its present setting in such a 42manner that relocation would result in a substantial loss 43to the setting or District. 44 45(b) There are no definite plans for the area to be 46vacated. 47 November 1, 2010 14 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1(c) There are definite plans for the area to be vacated 2that may adversely affect the character of the District. 3 4(d) The Resource cannot be moved without 5significant damage to its physical integrity. 6 7(e) The proposed relocation area is not compatible 8with the historic, cultural, and architectural character of 9the Resource. 10 11(f) Little or no effort has been made to consider 12relocation within the same District or within another 13District with compatible historic, aesthetic, cultural, or 14design qualities with the relocated Resource. 15 e. Decisions. 16 Decisions regarding application for Certificates of 17Appropriateness shall be based on the application, the application’s 18compliance with this Ordinance, and the evidence and testimony 19presented in connection with the application. 20 21In reviewing an application, staff and the Board shall be aware of the 22importance of finding a way to meet the current needs of the property 23owner. The Staff and the Board shall also recognize the importance of 24recommending approval of plans that will be reasonable for the property 25owner to carry out. Any conditions or requirements imposed shall be 26reasonably related to the Certificate of Appropriateness sought by the 27applicant. 28 f. Notice of Decision on Application. 29 Staff shall notify the 30applicant in writing of any decision on the application with five (5) 31working days from the date of the decision. 32 g. Changes in Approved Work. 33 Any change in the proposed 34work following the issuance of a Certificate of Appropriateness shall be 35reviewed by staff. If the proposed change does not materially affect the 36historic character or the proposed change is in accordance with the 37Board’s decision, staff may administratively approve the change. If the 38proposed change is not in accordance with the Board’s decision, a new 39Certificate of Appropriateness application for such change must be 40submitted for review. 41 E. Certificate of Economic Hardship. 42 Prior to taking an appeal of a decision to 43the Board on an application for Certificate of Appropriateness, an applicant may file an 44application for a Certificate of Economic Hardship. 45 1. Application and Procedures. 46 47 November 1, 2010 15 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS a. Application. 1 A Certificate of Economic Hardship application 2must be submitted within 30 days of the date of the hearing at which the 3Board’s decision on the application is announced. 4 b. Board Agenda and Notice. 5 The Board shall schedule a public 6hearing within 60 working days from the receipt of the application and 7shall provide notice of such hearing in the same manner as for the 8Certificate of Appropriateness application. 9 c. Negotiations Prior to Certificate of Economic Hardship 10 Hearing. 11 During the period between receipt of the Certificate of 12Economic Hardship application and the Board’s public hearing, the 13applicant shall discuss the proposed action with staff, other City officials 14and local preservation organizations to consider alternatives that will 15avoid an economic hardship and have the least adverse effect to the 16property and the District. Staff may request information from various 17City departments and other agencies in order to negotiate an alternative 18resolution that is in the best interest of the applicant and the City. If 19negotiations are successful, staff shall make written recommendations to 20the Board regarding such alternatives. 21 d. Determination of Economic Hardship. 22 The applicant has 23the burden of proving by competent substantial evidence that the 24Board’s decision regarding the Certificate of Appropriateness 25application has caused or will cause an unreasonable economic hardship. 26The effect of denial of the application for Certificate of Economic 27Hardship is that the decision regarding the Certificate of 28Appropriateness is upheld. If the application for Certificate of Economic 29Hardship is granted, the Board may issue the Certificate of Economic 30Hardship without conditions. Alternatively, the Board may issue the 31Certificate with conditions that will avoid the economic hardship and 32have the least adverse effect to the Property and the District. 33 34Such conditions may include, but are not limited to: ad valorem tax 35relief, loans or grants, requiring the owner to market and offer the 36Property for sale for a fair market price with appropriate preservation 37protections for a period of time not to exceed six (6) months, acquisition 38by a third party for a fair market value, Building and Zoning Code 39modifications, relaxation of the provisions of this ordinance, 40recommendation by the City Manager some or all of the applicable 41Board fees be waived, or such other relief as appropriate. 42 F. Appeal of Certificate of Appropriateness and Certificate of Economic 43 Hardship Decisions. 44 Any applicant may appeal a decision of the Board to the City 45Commission regarding an application for Certificate of Appropriateness and/or an 46application for Certificate of Economic Hardship. The applicant shall file a written 47notice of the appeal with staff within 30 days of the date of the hearing at which the November 1, 2010 16 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1Board’s decision on the application is announced. The City Commission shall place the 2matter on the Commission’s agenda within 45 working days from the date of the written 3notice of appeal. The meeting at which the appeal is place on the agenda shall be no 4later than 60 working days from the date of the written notice of appeal. 5 6Consideration of the appeal by the City Commission shall be de novo review. The City 7Commission shall be required to apply the applicable standards and criteria set forth in 8this ordinance. 9 10A decision of the City Commission may be appealed to a court of competent jurisdiction 11within thirty (30) days after the hearing at which the decision is announced. 12 G. Enforcement and Penalties. 13 The City or any other legal authority shall enforce 14any violation of this article pursuant to the penalty provisions contained in Chapter 1, 15Article I, Section 7 of these Land Development Regulations. 16 H. Miscellaneous. 17 18 1. Historic Preservation Property Tax Exemption Program. 19 The 20granting of tax exemptions to owners who make improvements to Historic 21Properties was authorized by an amendment to the Florida Constitution and 22codified in Section 196.1997 and 196.1998 Florida Statute (1992). The ad 23valorem tax exemption program was established by Palm Beach County in 1995 24(Ordinance 95-41), and may be implemented in the City through an interlocal 25agreement with the County and a local Tax Abatement Exemption ordinance. 26The Tax Abatement Exemption Ordinance authorizes granting exemptions from 27increases to ad valorem taxes for qualified improvements to Properties listed in 28the Boynton Beach Register of Historic Places and the National Register of 29Historic Places. 30 31Exemptions for Historic Properties are intended for the physical improvements 32necessary to Restore or Rehabilitate the Historic Resource, which may include 33additions, Alterations and new construction. The improvements must comply 34with the Secretary of the Interior’s Standards for Rehabilitation. 35 36The City and County will process the application following mutually established 37procedures through both the City and County Commissions. This program will 38provide an exemption from tax increases on the improvements to the Property 39for up to a 10 year period. The exemption is conveyed through a covenant that 40accompanies the deed of the Property and may be transferred to future owners 41during the abatement period. 42 2. Certified Local Government Review. 43 The City Commission is a 44Certified Local Government (CLG) approved by the Florida Department of 45State, Division of Historical Resources. The City Commission as a CLG is 46required to participate in the Florida National Register of Historic Places 47nomination process, be involved in the Section 106 process, and is eligible to November 1, 2010 17 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1receive grants from the Certified Local Government Section of the Florida 2Department of State, Historical Resources Grants-In-Aid program. 3 3. Unsafe Buildings and Structures. 4 Should the Building Official 5determine that a Historic Property or a Property within a Historic District is 6unsafe, the Planning and Zoning staff and Historic Resources Preservation 7Board shall be notified of such findings. Where reasonably feasible, within 8applicable laws and regulation, the Building Official shall endeavor to have the 9Resource repaired rather than demolished and shall take into account any 10comments and recommendation by the Board. The Board may take appropriate 11actions to Effect and accomplish the preservation of the Resource, including, but 12not limited to, negotiations with the owner and other Interested Parties, provided 13that such actions do not interfere with the Florida Building Codes. 14 15In the case where the Building Official determines that there are emergency 16conditions dangerous to the life, health or property affecting a Historic Property 17or a Property within a Historic District, and timely Demolition is the only course 18of action, the Building Official may order the Demolition and notify the 19Planning and Zoning Division of the impending action. In this instance, a 20Certificate of Appropriateness will not be required and the Historic Resources 21Preservation Board will promptly be notified of the action being taken. 22 4. Waiver of Technical Requirements. 23The provisions of the 24technical codes relating to the construction, alteration, repair, enlargement, 25restoration or moving of Buildings may not be mandatory for those Resources 26listed in the Boynton Beach Register of Historic Places and the National 27Register of Historic Places, when evaluated by a Florida registered architect or 28engineer and satisfactorily demonstrated to the Building Official to be safe and 29in the public interest of health, safety and welfare. 30 31Resources or portions thereof that do not strictly comply with the Florida 32Building Code may be considered to be in compliance, if it can be shown to the 33satisfaction of the Building Official that equivalent protection has been provided 34or that no hazard will be created or continued through noncompliance. (Life 35safety and property conservation shall be provided in accordance with Chapter 3611, Sections 1105 and 1106 of the 2007 Florida Building Code, or as 37subsequently amended). 38 39Alterations to Resources listed in the Boynton Beach Register of Historic Places 40and the National Register of Historic Places may receive exemption from 41accessibility requirements. (Pursuant to Chapter 11, Section 11-4.1.7 of the 2007 42Florida Building Code, or as subsequently amended, the Building Official may 43determine that compliance for accessible routes (exterior and interior), ramps, 44entrances, or toilets would threaten or destroy the historic significance of the 45Building, in which case the alternative requirements in Chapter 11, Section 11- 464.1.7(3) may be utilized). 47 November 1, 2010 18 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 5. Administrative and Board Approval of Zoning Code Variances. 1 2 Alterations to Resources listed in the Boynton Beach Register of Historic 3Places and the National Register of Historic Places may receive variances to 4zoning code regulations, if such regulations would adversely impact or threaten 5the historic significance of the Resource. The responsibility for review and 6approval of an application for a variance in association for a Certificate of 7Appropriateness for Alterations of Resources listed in the Boynton Beach 8Register of Historic Places and the National Register of Historic Places will rest 9with staff, unless the corresponding Certificate of Appropriateness requires 10Historic Resources Preservation Board (HRPB) action, in which case the HRPB 11will have review and approval responsibility. Such requests for variance shall 12be made on a separate application, approved by the Board. Said application fee 13and other applicable charges shall be established by resolution adopted by the 14City Commission. 15 6. Sustainable Building Practices. 16 The application of sustainable, 17energy efficient and green building practices to improvements associated with 18historic properties is encouraged whenever they are compatible with best 19historic preservation practices. Whenever possible, equipment such as solar 20panels, wind generation devices, mechanical equipment, etc., should not be 21affixed to the building, but sited in the rear or side yard locations and fully 22screened with landscaping, fence or wall. When placement upon the building is 23unavoidable, such equipment, as well as skylights, shall be located on a non- 24character defining elevation or roof slope that is not visible from the street. In no 25instance, shall the equipment be allowed to be placed upon any character 26defining feature. Expedited review shall be afforded to those applicants who 27propose the placement of such equipment on other than the building facades or 28roof. 29 I. Standards for Archeological Work; Discovery of Archeological Site. 30 31 1. Archeological Work. 32Archeological surveys, assessments, excavations, 33and other work required by this ordinance shall be conducted by a qualified, 34professional archeologist and be consistent with the guidelines for such work 35promulgated by Palm Beach County that are consistent with accepted 36professional standards and regulations developed by the Florida Department of 37State Division of Historical Resources and the United States Department of the 38Interior, or their successor agencies. 39 2. Site Discovered During the Development Process. 40 In the event 41that archaeological materials are discovered by ground disturbing activities on 42any property within the City, such activities in the immediate vicinity of the 43archaeological site shall be discontinued immediately and the Planning & 44Zoning Department notified. The site shall be inspected and may be required to 45be assessed by a qualified professional archaeologist at the expense o the 46property owner. 47 November 1, 2010 19 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 3. Unmarked Human Graves. 1 If a discovery is made of an unmarked 2human grave or graves, then the procedures for notifying the State 3Archaeologist and County Medical Examiner shall be followed, consistent with 4state law. 5 6ARTICLE I. IN GENERAL 7Section 1. Penalties. 8 Any person convicted of the violation of any of the terms or provisions of this chapter or any code or 9standards adopted hereby shall be subject to the penalties as provided by Section 1-6 of the City of 10Boynton Beach Code of Ordinances. If any person commences any work on a building, structure, 11plumbing, mechanical or gas system before obtaining the necessary permit, he shall be subject to a penalty 12of four (4) times the established permit fee. The Director of Development may allow a waiver of the 13penalty fee, in whole or in part, when such waiver is supported by the circumstances that apply to the 14specific instance of imposing a penalty fee, and does not violate the best interests of the City. 15 16(Ord. No. 08-033, § 2, 12-16-08) 17 18Section 2. Reserved. 19 Editor's note-Section 2 was repealed by Ord. No. 08-033, § 2, 12-16-08. 20 21Section 3. Minimum building and construction standards. 22 A. The Florida Building Code 2007, Gas, Mechanical and Plumbing Codes, 2004 Edition, and the 232005 National Electrical Code including future editions or revisions as adopted by the city, are hereby 24adopted as the minimum Building Code for the City of Boynton Beach. 25 26 B. Chapter 1, Administration, as described in the Boynton Beach Amendments, and is incorporated 27herein in the Florida Building Code 2004, Gas, Mechanical and Plumbing Codes, 2004 Edition, and the 282005 National Electrical Code. 29 30 C. The City of Boynton Beach Administrative Amendments to the 2004 Florida Building Code, 31Plumbing, Mechanical, Gas and 2005 National Electrical Code are incorporated in this document and made 32a part hereof, copies shall be maintained on file in the Office of the City Clerk and shall be available to the 33public. 34 35 D. All construction regulation fees as referenced or described in the above codes are subject to 36amendment by resolution by the City Commission. Current fee schedules shall be maintained on file in the 37Office of the City Clerk and shall be available, without charge, to the public. 38 39(Ord. No. 96-40, §§ 1 - 3, 5, 9-4-96; Ord. No. 99-16, § 1 - 4, 6-15-99; Ord. No. 02-047, § 1, 9-3-02; Ord. 40No. 05-063, § 2, 11-1-05; Ord. No. 06-084, § 2, 10-17-06; Ord. No. 08-033, § 2, 12-16-08; Ord. No. 09- 41016, § 2, 2-17-09) 42 43Section 4. Fees. 44 A. Fees assessable by the City of Boynton Beach for the administration and enforcement of the 45Florida Building Code and the City of Boynton Beach Administrative Amendments to the Florida Building 46Code, pursuant to this Chapter and F.S. §§ 553.79, 553.80 and 166.222, shall be established by the City 47Commission by resolution from time to time. November 1, 2010 20 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1 2 B. Building Division permit fees shall be based upon the valuation of buildings and systems, and 3represent the total project value. The project value shall include structural, electric, plumbing, mechanical, 4interior finish, normal building related site work (excavation and backfill for buildings), architectural and 5design fees, overhead and profit; excluding only land value. Building valuation shall be based upon bona 6fide executed construction contracts, proprietary builder documentation, or other nationally recognized 7construction cost analysis service, which would include regional adjustments, such as the most current 8edition of RS Means Construction Estimating Cost Data. 9 10 C. A revision to a permit shall not be issued until the additional fee, if any, due to an increase in 11estimated cost of the building, electrical, plumbing, gas, mechanical, landscaping or site development, has 12been paid. 13 14 D. Reserved. 15 16(Ord. No. 00-09, § 2, 4-4-00; Ord. No. 05-069, § 2, 12-6-05; Ord. No. 08-002, § 2, 2-5-08; Ord. No. 08- 17033, § 2, 12-16-08) 18 19Section 5. Reserved. 20 Editor's note-Section 2 was repealed by Ord. No. 08-033, § 2, 12-16-08. 21 22Section 6. Coastal building zone and code. 23 A. The coastal building zone for the city is the land area from the seasonal high-water line landward 24to a line one thousand five hundred (1,500) feet landward from the coastal construction control line as 25established pursuant to Section 161.053, Florida Statutes. Development projects within this zone must 26utilize best management construction techniques for natural resource protection and must conform to the 27goals, objectives and policies of the comprehensive plan of the city, Chapter B7, Coastal Management. 28 29 B. The coastal construction code was adopted on August 19, 1986 and applies to all construction 30within the coastal building zone, and is incorporated herein by reference. A copy is on file and available for 31inspection in the offices of the city clerk and the director of development. 32 33(Ord. No. 96-60, § 1, 1-21-97; Ord. No. 08-033, § 2, 12-16-08) 34 35Section 7. Reserved. 36 Editor's note-Section 2 was repealed by Ord. No. 08-033, § 2, 12-16-08. 37 38Section 8. Reserved. 39 40ARTICLE II. RESERVED 41 42ARTICLE III. RESERVED 43 44ARTICLE IV. RESERVED 45 46ARTICLE V. RESERVED 47 November 1, 2010 21 BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS 1ARTICLE VI. RESERVED 2 3ARTICLE IX. RESERVED 4 5ARTICLE XI. RESERVED 6 7ARTICLE XII. RESERVED 8 9ARTICLE XIII. HISTORIC PRESERVATION 10Section 1. Generally. 11 It is the intent of the city to encourage the preservation of historically significant buildings within its 12corporate limits. All historic buildings other than single family and duplex dwellings shall be reviewed for 13historical significance in all development and construction proposals presented to the city. Preservation of 14such buildings will be required unless it can be established by the applicant that preservation significantly 15interferes with the reasonable use of the property. 16 17(Ord. No. 96-60, § 4, 1-21-97) 18 19Section 2. Waiver of technical requirements. 20 The provisions of the technical codes relating to the construction, alteration, repair, enlargement, 21restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or 22structures identified and classified by the state or local jurisdiction as Historic Buildings when such 23buildings or structures are judged by the director of development to be safe and in the public interest of 24health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, 25relocation or moving of buildings within fire districts. 26(Ord. No. 96-60, § 2, 1-21-97) 27 28Section 3. Design conformance. 29 Additions and/or modifications to historical buildings shall conform to the architectural style of the 30original building. 31(Ord. No. 96-60, § 2, 1-21-97) 32 Section 7. Penalties. 33 34 35The City or any other legal authority shall enforce any violation of this article pursuant to the 36penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 37Regulations. 38 39 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 4 Site Development Standards\Final\Amended\Article IX Building, Construction, and 40 Historic Preservation.doc November 1, 2010 22 FLOOD PREVENTION REQUIREMENTS ARTICLE X. FLOOD PREVENTION REQUIREMENTS 1 2 Section 1. General. 3 4 A. Short Title. 5This article shall hereafter be known and cited as the “City Flood 6Prevention Code.” 7 B. Purpose and Intent. 8It is the purpose of this article to promote the public 9health, safety, and general welfare and to minimize public and private losses due to 10flood conditions in specific areas. 11 1. Objectives. 12The specific objectives of this article are: 13 a. 14To protect human life and health; 15 b. 16To minimize expenditure of public money for costly flood- 17control projects; 18 c. 19To minimize the need for rescue and relief efforts associated with 20flooding and generally undertaken at the expense of the general public; 21 d. 22To minimize prolonged business interruptions; 23 e. 24To minimize damage to public facilities and utilities such as 25water and gas mains, electric, telephone and sewer lines, streets and 26bridges located in floodplains; 27 f. 28To help maintain a stable tax base by providing for the sound use 29and development of flood-prone areas in such a manner as to minimize 30future flood-blight areas; and, 31 g. 32To insure that potential homebuyers are notified that property is 33in a flood area. 34 2. Methods of Reducing Flood Loss. 35 In order to accomplish its 36objectives, this article includes methods and provisions that are designed to: 37 a. 38 Restrict or prohibit uses which are dangerous to health, safety 39and property due to water or erosion hazards, or which result in 40damaging increases in erosion or in flood heights or velocities; 41 b. 42 Require that uses vulnerable to floods, including facilities which 43serve such uses, be protected against flood damage at the time of initial 44construction; 45 February 11, 2010 1 FLOOD PREVENTION REQUIREMENTS c. 1 Control the alteration of natural floodplains, stream channels and 2natural protective barriers which are involved in the accommodation of 3flood waters; 4 d. 5 Control filling, grading, dredging and other development which 6may increase erosion or flood damage; and 7 e. 8 Prevent or regulate the construction of flood barriers which will 9unnaturally divert flood waters or which may increase flood hazards to 10other lands. 11 C. Administration. 12 13 1. Administrator. 14 The Building Official shall have the authority to 15interpret and administer this article. 16 2. Duties. 17 Duties of the administrator or his designee shall include, 18but not be limited to: 19 a. 20 Review all development permits to assure that the permit 21requirements of this article have been satisfied. 22 b. 23 Advise permittee that additional federal or state permits may be 24required, and if specific federal or state permits are known, require that 25copies of such permits be provided and maintained on file with the 26development permit. 27 c. 28 Notify adjacent communities and the state department of 29community affairs prior to any alteration or relocation of a watercourse, 30and submit evidence of such notification to the Federal Emergency 31Management Agency (FEMA). 32 d. 33 Assure that maintenance is provided within the altered or 34relocated portion of said watercourse so that the flood-carrying capacity 35is not diminished. 36 e. 37 Verify and record the actual elevation (in relation to mean sea 38level) of the lowest floor (including basement) of all new or substantially 39improved structures, in accordance with Chapter 2, Article IV, Section 402.C. 41 f. 42 Verify and record the actual elevation (in relation to mean sea 43level) to which the new or substantially improved structures have been 44flood proofed, in accordance with Chapter 2, Article IV, Section 2.C. 45 g. 46 In coastal high hazard areas, certification shall be obtained from 47a registered professional engineer or architect that the structure is February 11, 2010 2 FLOOD PREVENTION REQUIREMENTS 1securely anchored to adequately anchored pilings or columns in order to 2withstand velocity waters and hurricane wave wash. 3 h. 4 In coastal high hazard areas, the administrator shall obtain 5certification for the adequacy of breakaway walls in accordance with 6Section 2.B.5.h below. 7 i. 8 When flood proofing is utilized for a particular structure, the 9administrator shall obtain certification from a registered professional 10engineer or architect. 11 j. 12 Where interpretation is needed as to the exact location of the 13boundaries of the areas of special flood hazard (for example, where there 14appears to be a conflict between a mapped boundary and actual field 15conditions), the administrator shall make the necessary interpretation. 16The person contesting the location of the boundary shall be given a 17reasonable opportunity to appeal the interpretation as provided in 18Chapter 1, Article VII, Section 2.C. 19 k. 20 When base flood elevation data has not been provided in 21accordance with Section 1.D below, the administrator shall obtain, 22review, and reasonably utilize any base flood elevation data available 23from a federal, state, or other source, in order to administer the 24provisions of Section 2 below. The finished floor elevation of all 25habitable space in new construction, not located in a flood zone, shall be 26elevated a minimum of 12 inches above the crown of any adjacent 27roadway. 28 l. 29 All records pertaining to the provisions of this article shall be 30maintained in the Department of Development and shall be open for 31public inspection. 32 D. Applicability. 33This article applies to all areas of special flood hazard 34within the jurisdiction of Boynton Beach, Florida. Those areas are identified by the 35Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM) 36120196 0001-0005, dated September 30, 1982, and any revisions thereto are adopted by 37reference and declared to be a part of this section. 38 E.Terms and Definitions. 39 See Chapter 1, Article II for all applicable terms 40and definitions which pertain to the regulations and standards contained herein. 41 F. Rules. 42 43 1. Compliance. 44No structure or land shall hereafter be located, extended, 45converted, or structurally altered without full compliance with the terms of this 46article and other applicable regulations. 47 February 11, 2010 3 FLOOD PREVENTION REQUIREMENTS 2. Abrogation. 1 This article is not intended to repeal, abrogate, or impair 2any existing easements, covenants, or deed restrictions. However, where this 3article and another conflict or overlap, whichever imposes the more stringent 4restrictions shall prevail. 5 3.Interpretation. 6 In the interpretation and application of this article 7all provisions shall be: 8 a. 9 Considered as minimum requirements; 10 b. 11 Liberally construed in favor of the governing body; and 12 c. 13 Deemed neither to limit nor repeal any other powers granted 14under state statutes. 15 G. Conflict. 16 Whenever the regulations and requirements of this code conflict 17with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the 18most restrictive shall apply, unless otherwise stated herein. 19 H. Relief from Requirements. 20 Unless described otherwise, any deviation from 21the flood prevention regulations contained herein shall require approval of variance 22application, which is subject to review and approval by the Building Board of 23Adjustment and Appeals. A request for a variance shall be reviewed in accordance with 24Chapter 1, Article VII, Section 3.C.4. 25 I. Warning and Disclaimer. 26 The degree of flood protection required by this 27article is considered reasonable for regulatory purposes and is based on scientific and 28engineering considerations. Larger floods can and will occur. Flood heights may be 29increased by man-made or natural causes. This article does not imply that land outside 30the areas of special flood hazard or uses permitted within such areas will be free from 31flooding or flood damages. This article shall not create liability on the part of the City, 32or by any officer or employee thereof for any flood damages that result from reliance on 33this article or any administrative decision lawfully made thereunder. 34 Section 2. City Approval Required. 35 36 37Flood zone elevation certification shall be required, and reviewed in accordance with the 38procedures set forth in Chapter 2, Article IV, Section 2 for any type of building permit 39application that upon its completion, would result in the issuance of a certificate of occupancy. 40 Section 3. Requirements. 41 42 A. Areas of Special Flood Hazard. 43 In all areas of special flood hazard the 44following provisions are required: 45 1.Anchors. 46 47 February 11, 2010 4 FLOOD PREVENTION REQUIREMENTS a.New Construction and Substantial Improvements. 1 All 2new construction and substantial improvements shall be anchored to 3prevent flotation, collapse, or lateral movement of the structure. 4 b. Manufactured Homes. 5 Manufactured homes shall be 6anchored to prevent flotation, collapse or lateral movement. Methods of 7anchoring may include, but are not limited to, use of over-the-top or 8frame ties to ground anchors. This standard shall be in addition to and 9consistent with applicable state requirements for resisting wind forces. 10 2. Materials. 11All new construction and substantial improvements shall 12be constructed with materials and utility equipment resistant to flood damage. 13 3. Design. 14 15 a. 16 All new construction or substantial improvements shall be 17constructed by methods and practices that minimize flood damage. 18 b. 19 Electrical, heating, ventilation, plumbing, air conditioning 20equipment, and other service facilities shall be designed and/or located 21so as to prevent water from entering or accumulating within the 22components during conditions of flooding. 23 c. 24 All new and replacement water supply systems shall be designed 25to minimize or eliminate infiltration of flood waters into the system. 26 d. 27 New and replacement sanitary sewage systems shall be designed 28to minimize or eliminate infiltration of flood waters into the systems and 29discharges from the systems into flood waters. 30 4. On-Site Waste Disposal Systems. 31 On-site waste disposal systems 32shall be located to avoid impairment to them or contamination from them during 33flooding. 34 5. Miscellaneous. 35 Any alteration, repair, reconstruction or 36improvements to a structure which are in compliance with the provision of this 37article, shall meet the requirements of “new construction” as contained in this 38article. 39 6. Flood Elevation Data Provided. 40 In all areas of special flood hazard 41where base flood elevation data has been provided as set forth in this article, the 42following provisions are required: 43 a. Residential Construction 44. New construction or substantial 45improvement of any residential structure shall have the lowest floor, 46including basement, elevated to or above base flood elevation. Should 47solid foundation perimeter walls be used to elevate a structure, openings February 11, 2010 5 FLOOD PREVENTION REQUIREMENTS 1sufficient to facilitate the unimpeded movements of flood waters shall be 2provided in accordance with standards of Section 3.A.6.c below. 3 b. Non-Residential Construction. 4 New construction or 5substantial improvement of any commercial, industrial, or other non- 6residential structure shall have the lowest floor, including basement, 7elevated to the level of the base flood elevation. Structures located in all 8A-zones may be flood proofed in lieu of being elevated provided that all 9areas of the structure below the required elevation are watertight and 10with walls substantially impermeable to the passage of water and with 11structural components having the capability of resisting hydrostatic and 12hydrodynamic loads and effects of buoyancy. A registered professional 13engineer or architect shall certify that the standards of this subsection are 14satisfied. Such certification shall be provided as set forth in Chapter 2, 15Article IV, Section 2.B. 16 c. Elevated buildings. 17 18 19(1) New construction or substantial improvements of 20elevated buildings that include fully enclosed areas formed by 21foundation and other exterior walls below the base flood 22elevation shall be designed to preclude finished living space and 23designed to allow for the entry and exit of floodwaters to 24automatically equalize hydrostatic flood forces on exterior walls. 25 Designs for complying with this requirement must either be 26certified by a professional engineer or architect or meet the 27following minimum criteria: 28 29(a) Provide a minimum of two (2) openings having a 30total net area of not less than one (1) square inch for 31every square foot of enclosed area subject to flooding; 32 33(b) The bottom of all openings shall be no higher 34than one (1) foot above grade; and 35 36(c) Openings may be equipped with screens, louvers, 37valves or other coverings or devices provided they 38permit the automatic flow of floodwaters in both 39directions. 40 d. 41 Electrical, plumbing and other utility connections are prohibited 42below the base flood elevation; 43 e. 44 Access to the enclosed area shall be the minimum necessary to 45allow for parking of vehicles (garage door) or limited storage of 46maintenance equipment used in connection with the premises (standard 47exterior door) or entry to the living area (stairway or elevator); and February 11, 2010 6 FLOOD PREVENTION REQUIREMENTS 1 f. 2 The interior portion of such enclosed area shall not be partitioned 3or finished into separate rooms. 4 B. Floodways. 5 The following provisions shall apply to floodways within areas of 6special flood hazard established hereinbefore: 7 1. 8 Prohibit encroachments including fill, new construction, substantial 9improvements, and other development unless certification (with supporting 10technical data) by a Florida registered engineer is provided demonstrating that 11encroachments shall not result in any increase in flood levels during occurrence 12of the base flood discharge. 13 2. 14 If Section 3.B.1 is satisfied, all new construction and substantial 15improvements shall comply with all applicable flood hazard reduction 16provisions of this article Section 3. 17 3. 18 Prohibit the placement of any manufactured homes (mobile homes) 19except in an existing manufactured home (mobile home) park or subdivision. A 20replacement manufactured home may be placed on a lot in an existing 21manufactured home park or subdivision provided the anchoring standards and 22elevation standards outlined hereinbefore are met. 23 C.Coastal High Hazard Area (V Zones). 24 Located within the areas of special 25flood hazard established herein are areas designated as coastal high hazard areas. These 26areas have special flood hazards associated with wave wash; therefore, the following 27provisions shall apply: 28 1. 29 All buildings or structures shall be located landward of the reach of the 30mean high tide. 31 2. 32 All buildings or structures shall be elevated so that the lowest supporting 33member (excluding pilings or columns) is located no lower than the base flood 34elevation level, with all space below the lowest supporting member open so as 35not to impede the flow of water. Open lattice work or decorative screening may 36be permitted for aesthetic purposes only and must be designed to wash away in 37the event of abnormal wave action. 38 3. 39 All buildings or structures shall be securely anchored on pilings or 40columns. 41 4. 42 All pilings and columns and the attached structures shall be anchored to 43resist flotation, collapse, and lateral movement due to the effect of wind and 44water loads acting simultaneously on all building components. The anchoring 45and support system shall be designed with wind and water loading values which 46equal or exceed the 100-year mean recurrence interval {one percent (1%) annual 47chance flood}. February 11, 2010 7 FLOOD PREVENTION REQUIREMENTS 1 5. 2 A Florida registered engineer or architect shall certify that the design, 3specifications and plans for construction are in compliance with the provisions 4contained in Sections 3.C.2 through 4 above. 5 6. 6 No fill shall be used as structural support. Non-compacted fill may be 7used around the perimeter of a building for landscaping/aesthetic purposes 8provided the fill will wash out from storm surge, (thereby rendering the building 9free of obstruction) prior to generating excessive loading forces, ramping effects 10or wave deflection. The Department of Development shall review design plans 11for landscaping/aesthetic fill only after the applicant has provided an analysis by 12an engineer, architect and/or soil scientist, which demonstrates that the 13following factors have been fully considered: 14 a. 15 Particle composition of fill material does not have a tendency for 16excessive natural compaction; and 17 b. 18 Volume and distribution of fill will not cause wave deflection to 19adjacent properties; and 20 c. 21 Slope of fill will not cause wave run-up or ramping. 22 7. 23 There shall be no alteration of sand dunes or mangrove stands which 24would increase potential flood damage. 25 8. 26 Lattice work or decorative screening shall be allowed below the base 27flood elevation provided they are not part of the structural support of the 28building and are designed so as to breakaway, under abnormally high tides or 29wave action, without damage to the structural integrity of the building on which 30they are to be used and provided the following design specifications are met: 31 a. 32 No solid walls shall be allowed; and 33 b. 34 Material shall consist of wood or mesh screening only. 35 9. 36 If aesthetic lattice works or screening are utilized, such enclosed space 37shall not be used for human habitation. 38 10. 39 Prior to construction, plans for any structure that will have lattice work 40or decorative screening must be submitted to the development department for 41review. 42 11. 43 Prohibit the placement of manufactured homes (mobile homes), except 44in an existing manufactured home (mobile home) park or subdivision. A 45replacement manufactured home may be placed on a lot in an existing 46manufactured home park or subdivision provided the anchoring and elevation 47standards of this chapter are met. February 11, 2010 8 FLOOD PREVENTION REQUIREMENTS 1 12. 2 Any alteration, repair, reconstruction or improvement to a structure shall 3not enclose the space below the lowest floor except for lattice work or 4decorative screening, as provided for in Section 3.C.8 and 9 above. 5 D. Areas of Shallow Flooding (AO) Zones). 6Located within the areas of special 7flood hazard established in Section 1.F are areas designated as shallow flooding. These 8areas have special flood hazards associated with base flood depths of one (1) to three (3) 9feet where a clearly defined channel does not exist and where the path of flooding is 10unpredictable and indeterminate; therefore, the following provisions apply: 11 1.Residential Structures. 12 All new construction and substantial 13improvements of residential structures shall have the lowest floor, including 14basement, elevated to the depth number specified on the flood insurance rate 15map, in feet, above the highest adjacent grade. If no depth number is specified, 16the lowest floor, including basement, shall be elevated at least two (2) feet above 17the highest adjacent grade. 18 2.Nonresidential Structures. 19 All new construction and substantial 20improvements of non-residential structures shall: 21 a. 22 Have the lowest floor, including basement, elevated to the depth 23number specified on the flood insurance rate map, in feet, above the 24highest adjacent grade. If no depth number is specified, the lowest floor, 25including basement, shall be elevated at least two (2) feet above the 26highest adjacent grade, or 27 b. 28 Be completely flood proofed to or above that level so that any 29space below that level has watertight walls substantially impermeable to 30the passage of water; structural components having the capability of 31resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 32and utility and sanitary facilities completely flood proofed. 33 E. Subdivision Standards. 34 The following provisions shall apply for all 35subdivision proposals: 36 1. 37 All subdivision proposals shall be consistent with the need to minimize 38flood damage. 39 2. 40 All subdivision proposals shall have public utilities and facilities such as 41sewer, gas, electrical and water systems located and constructed to minimize 42flood damage. 43 3. 44 All subdivision proposals shall have adequate drainage provided to 45reduce exposure to flood hazards. 46 February 11, 2010 9 FLOOD PREVENTION REQUIREMENTS 4. 1 Base flood elevation data shall be provided for subdivision proposals and 2other proposed development which contains more than 50 lots or is larger than 3five (5) acres. 4 F.Small Streams. 5 Where small streams exist, but where no base flood data 6has been provided or where no floodways have been provided, the following provisions 7apply: 8 1.Encroachments. 9 No encroachments, including fill material or 10structures, shall be located within a distance of the stream bank equal to five (5) 11times the width of the stream at the top of bank or 20 feet on each side from top 12of bank, whichever is greater unless certification by a Florida registered 13engineer is provided demonstrating that such encroachments shall not result in 14any increase in flood levels during the occurrence of the base flood discharge. 15 2.Construction and Improvements. 16 New construction or substantial 17improvements of structures shall be elevated or flood proofed in accordance 18with elevations established in accordance with Section 1.C.2.k above. 19 Section 4. Penalties. 20 21 22The City or any other legal authority shall enforce any violation of this article pursuant to the 23penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 24Regulations. 25 26ARTICLE VII. FLOOD DAMAGE PREVENTION 27Section 1. Generally. 28A.Statutory authorization. The Legislature of the State of Florida has authorized local governmental 29units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. 30Therefore, the City Commission of Boynton Beach, Florida, does ordain as set out herein. 31B.Finding of fact. 321.The flood hazard areas of Boynton Beach, Florida, are subject to periodic inundation which 33results in loss of life and property; health and safety hazards; disruption of commerce and governmental 34services; extraordinary public expenditures for flood protection and relief; and impairment of the tax base; 35all of which adversely affect the public health, safety and general welfare. 362.These flood losses are caused by the cumulative effect of obstructions in floodplains causing 37increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to 38floods or hazardous to other lands which are inadequately elevated, flood proofed or otherwise unprotected 39from flood damages. 40C.Purpose. It is the purpose of this article to promote the public health, safety and general welfare 41and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 42 February 11, 2010 10 FLOOD PREVENTION REQUIREMENTS 11.Restrict or prohibit uses which are dangerous to health, safety and property due to water or 2erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 32.Require that uses vulnerable to floods, including facilities which serve such uses, be protected 4against flood damage at the time of initial construction; 53.Control the alteration of natural floodplains, stream channels and natural protective barriers 6which are involved in the accommodation of flood waters; 74.Control filling, grading, dredging and other development which may increase erosion or flood 8damage; and, 95.Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters 10or which may increase flood hazards to other lands. 11D.Objectives. The objectives of this article are: 121.To protect human life and health; 132.To minimize expenditure of public money for costly flood-control projects; 143.To minimize the need for rescue and relief efforts associated with flooding and generally 15undertaken at the expense of the general public; 164.To minimize prolonged business interruptions; 175.To minimize damage to public facilities and utilities such as water and gas mains, electric, 18telephone and sewer lines, streets and bridges located in floodplains; 196.To help maintain a stable tax base by providing for the sound use and development of flood- 20prone areas in such a manner as to minimize future flood-blight areas; and, 217.To insure that potential homebuyers are notified that property is in a flood area. 22E.Terms. Words or phrases used in this article shall have the meaning they have in common usage 23and to give this article its most reasonable application. 24Area of shallow flooding- a designated AO or VO zone on a community's flood insurance rate map 25(FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, 26where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. 27Area of special flood hazard- land in the floodplain subject to a one (1) per cent or greater chance of 28flooding in any given year. 29Base flood- a flood having a one (1) per cent chance of being equaled or exceeded in any given year. 30Breakaway wall- a wall that is not part of the structural support of the building and is intended to 31collapse without causing damage to the elevated portion of the building or the foundation system. 32Coastal high hazard area- the area subject to high velocity waters caused by, but not limited to, 33hurricane wave wash or tsunamis. The area is designated in a FIRM as zone V1-30,VE or V. February 11, 2010 11 FLOOD PREVENTION REQUIREMENTS 1Flood or flooding - a general and temporary condition of partial or complete inundation of normally 2dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff 3of surface waters from any source. 4Flood hazard boundary map (FHBM)- an official map of a community issued by the Federal 5Emergency Management Agency where the boundaries of the areas of special flood hazard have been 6defined. 7Flood insurance rate map (FIRM)- an official map of a community on which the Federal Emergency 8Management Agency has delineated both the areas of special flood hazard and the risk premium zones 9applicable to the community. 10Flood insurance study- the official report provided by the Federal Emergency Management Agency 11which contains flood profiles, flood boundary-floodway map and water surface elevation of the base flood. 12Floodway- the channel of a watercourse and the adjacent land areas that must be reserved in order to 13discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. 14 15Functionally dependent facility- a facility which cannot be used for its intended purpose unless it is 16located or carried out in close proximity to water, such as a docking or port facility necessary for the 17loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing. The term 18does not include long-term storage, manufacture, sales or service facilities. 19Mangrove stand- an assemblage of trees which contain one or more of the following species: black 20mangrove, red mangrove, white mangrove and buttonwood. 21Mean sea level- the average elevation of the sea for all stages of the tide. The term is synonymous 22with national geodetic vertical datum (NGVD). 23National geodetic vertical datum (NGVD)- a vertical control used for establishing varying elevations 24within the floodplain. 25New construction - structures for which the "start of construction" commenced on or after the 26effective date of this article. 27Sand dunes - naturally occurring accumulations of sand in ridges or mounds landward of the beach. 28F.Application. This article applies to all areas of special flood hazard within the jurisdiction of 29Boynton Beach, Florida. Those areas are identified by the Federal Emergency Management Agency in its 30Flood Insurance Rate Map (FIRM) 120196 0001-0005, dated September 30, 1982, and any revisions 31thereto are adopted by reference and declared to be a part of this article. 32G.Development permit. A development permit is required prior to the commencement of any 33development activities. 34H.Compliance. No structure or land shall hereafter be located, extended, converted or structurally 35altered without full compliance with the terms of this article and other applicable regulations. February 11, 2010 12 FLOOD PREVENTION REQUIREMENTS 1I.Abrogation and greater restrictions. This article is not intended to repeal, abrogate or impair any 2existing easements, covenants or deed restrictions. However, where this article and another conflict or 3overlap, whichever imposes the more stringent restrictions shall prevail. 4J.Interpretation. In the interpretation and application of this article all provisions shall be: 51.Considered as minimum requirements; 62.Liberally construed in favor of the governing body; and 73.Deemed neither to limit nor repeal any other powers granted under state statutes. 8K.Warning and disclaimer. The degree of flood protection required by this article is considered 9reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods 10can and will occur. Flood heights may be increased by man-made or natural causes. This article does not 11imply that land outside the areas of special flood hazard or uses permitted within such areas will be free 12from flooding or flood damages. This article shall not create liability on the part of Boynton Beach, 13Florida, or by any officer or employee thereof for any flood damages that result from reliance on this article 14or any administrative decision lawfully made thereunder. 15L.Penalties for violation. Violation of the provisions of this article or failure to comply with any of 16its requirements, including violation of conditions and safeguards established in connection with grants of 17variance or special exceptions, shall constitute a misdemeanor. Any person who violates this article or fails 18to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred 19dollars ($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition shall pay all 20costs and expenses involved in the case. Each day such violation continues shall be considered a separate 21offense. Nothing herein contained shall prevent the City of Boynton Beach from taking such other lawful 22action as is necessary to prevent or remedy any violation. 23(Ord. No. 08-033,§ 3, 12-16-08) 24Section 2. Administration. 25A.Administrator. The director of development is hereby appointed to administer and implement the 26provisions of this article. 27B.Duties and responsibilities of the administrator. Duties of the administrator or his designee shall 28include, but not be limited to: 291.Review all development permits to assure that the permit requirements of this article have been 30satisfied. 312.Advise permittee that additional federal or state permits may be required, and if specific federal 32or state permits are known, require that copies of such permits be provided and maintained on file with the 33development permit. 343.Notify adjacent communities and the state department of community affairs prior to any 35alteration or relocation of a watercourse, and submit evidence of such notification to the Federal 36Emergency Management Agency. February 11, 2010 13 FLOOD PREVENTION REQUIREMENTS 14.Assure that maintenance is provided within the altered or relocated portion of said watercourse 2so that the flood-carrying capacity is not diminished. 35.Verify and record the actual elevation (in relation to mean sea level) of the lowest floor 4(including basement) of all new or substantially improved structures, in accordance with paragraph C. 56.Verify and record the actual elevation (in relation to mean sea level) to which the new or 6substantially improved structures have been flood proofed in accordance with paragraph C. 77.In coastal high hazard areas, certification shall be obtained from a registered professional 8engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in 9order to withstand velocity waters and hurricane wave wash. 108.In coastal high hazard areas, the administrator shall obtain certification for the adequacy of 11breakaway walls in accordance with article VII, Section 3.B.5.h. 129.When flood proofing is utilized for a particular structure, the administrator shall obtain 13certification from a registered professional engineer or architect. 1410.Where interpretation is needed as to the exact location of the boundaries of the areas of special 15flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual 16field conditions), the administrator shall make the necessary interpretation. The person contesting the 17location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in 18this article. 1911.When base flood elevation data has not been provided in accordance with article VII, Section 201.F, the administrator shall obtain, review and reasonably utilize any base flood elevation data available 21from a federal, state or other source, in order to administer the provisions of Section 3. The finished floor 22elevation of all habitable space in new construction, not located in a flood zone, shall be elevated a 23minimum of twelve (12) inches above the crown of any adjacent roadway. 2412.All records pertaining to the provisions of this article shall be maintained in the department of 25development and shall be open for public inspection. 26C.Permitting. Application for a permit shall be made to the development department prior to any 27development activities. Application shall include, but not be limited to, the following plans in duplicate 28drawn to scale showing the nature, location, dimensions and elevations of the area in question to be 29developed; existing or proposed structures; fill; storage of materials; drainage facilities/location. 30Specifically, the following information is required: 311.Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all 32structures. 332.Elevation in relation to mean sea level to which any non-residential structure will be flood 34proofed. 353.Certification by a Florida registered engineer or architect that the structure meets the flood 36proofing criteria in article VII, Section 3.B.2. 374.Description of the extent to which any watercourse will be altered or relocated as a result of 38proposed development. February 11, 2010 14 FLOOD PREVENTION REQUIREMENTS 15.A flood elevation or flood proofing certification after the lowest floor is completed, or in 2instances where the structure is subject to the regulations applicable to coastal high hazard areas, after 3placement of the horizontal structural members of the lowest floor. Within twenty-one (21) calendar days 4of establishment of the lowest floor elevation, or flood proofing by whatever construction means, or upon 5placement of the horizontal structural members of the lowest floor, whichever is applicable, the permit 6holder shall submit to the development department a certification of the elevation of the lowest floor, flood 7proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest 8floor, whichever is applicable, in relation to mean sea level. Said certification shall be prepared by or 9under the direct supervision of a registered land surveyor or professional engineer. When flood proofing is 10utilized, certification shall be prepared by or under the direct supervision of a professional engineer or 11architect. Any work done within the twenty-one-day calendar period and prior to submission of the 12certification shall be at the permit holder's risk. The development department shall review the flood 13elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit 14holder immediately and prior to continuation of the work. Failure to submit the survey or failure to make 15said corrections, shall cause issuance of a stop-work order for the project. 166.A survey of mangrove trees on site. 17D.Variance procedures/appeals. 181.The building board of adjustment and appeals shall hear and decide appeals when it is alleged 19there is an error in any requirement, decision or determination made by the director of development in the 20enforcement or administration of this article. 21a.In passing upon such appeals, the building board of adjustment and appeals shall consider all 22technical evaluations, all relevant factors, all standards specified in other sections of this article, and: 23(1)The danger that materials may be swept onto other lands to the injury of others. 24(2)The danger to life and property due to flooding or erosion damage. 25(3)The susceptibility of the proposed facility and its contents to flood damage and the effect 26of such damage on the individual owner. 27(4)The importance of the services provided by the proposed facility to the community. 28(5)The necessity to the facility of a waterfront location, where applicable. 29(6)The availability of alternative locations, not subject to flooding or erosion damage, for 30the proposed use. 31(7)The compatibility of the proposed use with existing and anticipated development. 32(8)The relationship of the proposed use to the comprehensive plan and floodplain 33management program for that area. 34(9)The safety of access to the property in times of flood for ordinary and emergency 35vehicles. 36(10)The expected heights, velocity, duration, rate of rise and sediment transport of the 37flood waters and the effects of wave action, if applicable, expected at the site. February 11, 2010 15 FLOOD PREVENTION REQUIREMENTS 1(11)The costs of providing governmental services during and after flood conditions 2including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water 3systems, and streets and bridges. 4b.Upon consideration of the factors listed above and the purposes of this article, the building 5board of adjustment and appeals may attach such conditions to the granting of variances as it deems 6necessary to further the purposes of this article. 7c.Variances shall not be issued within any designated floodway if any increase in flood levels 8during the base flood discharge would result. 92.The building board of adjustments and appeals shall hear and decide requests for variances from 10the requirements of this article. 11a.Conditions for variances: 12(1)Variances shall only be issued upon a determination that the variance is the minimum 13necessary, considering the flood hazard, to afford relief, and in the instance of a historical building, a 14determination that the variance is the minimum necessary so as not to destroy the historic character and 15design of the building. 16b.Variances shall only be issued upon: 17(1)A showing of good and sufficient cause; 18(2)A determination that failure to grant the variance would result in exceptional hardship to 19the applicant; and 20(3)A determination that the granting of a variance will not result in increased flood heights, 21additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or 22victimization of the public, or conflict with existing local laws or ordinances. 23c.Any applicant to whom a variance is granted shall be given written notice specifying the 24difference between the base flood elevation and the elevation to which the structure is to be built and 25stating that the cost of flood insurance will be commensurate with the increased risk resulting from the 26reduced lowest floor elevation. 273.Any person aggrieved by the decision of the building board of adjustment and appeals or any 28taxpayer may appeal such decision to the circuit court as provided in Florida law. 294.Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed 30on the National Register of Historic Places or the State Inventory of Historic Places without regard to the 31procedures set forth in the remainder of this section. 325.The director of development shall maintain the records of all appeal actions and report any 33variances to the Federal Emergency Management Agency upon request. 34(Ord. No. 08-033,§ 3, 12-16-08) 35Section 3. Provisions for Flood Hazard Reduction. 36A.In General. In all areas of special flood hazard the following provisions are required: February 11, 2010 16 FLOOD PREVENTION REQUIREMENTS 11.All new construction and substantial improvements shall be anchored to prevent flotation, 2collapse or lateral movement of the structure. 32.Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. 4Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground 5anchors. This standard shall be in addition to and consistent with applicable state requirements for 6resisting wind forces. 73.All new construction and substantial improvements shall be constructed with materials and 8utility equipment resistant to flood damage. 94.All new construction or substantial improvements shall be constructed by methods and practices 10that minimize flood damage. 115.Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities 12shall be designed and/or located so as to prevent water from entering or accumulating within the 13components during conditions of flooding. 146.All new and replacement water supply systems shall be designed to minimize or eliminate 15infiltration of flood waters into the system. 167.New and replacement sanitary sewage systems shall be designed to minimize or eliminate 17infiltration of flood waters into the systems and discharges from the systems into flood waters. 188.On-site waste disposal systems shall be located to avoid impairment to them or contamination 19from them during flooding. 209.Any alteration, repair, reconstruction or improvements to a structure which are in compliance 21with the provision of this article, shall meet the requirements of“new construction” as contained in this 22article. 23B.Standards for areas of special flood hazard. In all areas of special flood hazard where base flood 24elevation data has been provided as set forth in Article VII the following provisions are required: 251.Residential construction. New construction or substantial improvement of any residential 26structure shall have the lowest floor, including basement, elevated to or above base flood elevation. Should 27solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the 28unimpeded movements of flood waters shall be provided in accordance with standards of article VII, 29Section 3.B.3. 302.Non-residential construction. New construction or substantial improvement of any commercial, 31industrial or other non-residential structure shall have the lowest floor, including basement, elevated to the 32level of the base flood elevation. Structures located in all A-zones may be flood proofed in lieu of being 33elevated provided that all areas of the structure below the required elevation are watertight and with walls 34substantially impermeable to the passage of water and with structural components having the capability of 35resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer 36or architect shall certify that the standards of this subsection are satisfied. Such certification shall be 37provided as set forth in Article VII, Section 2.C.3. 383.Elevated buildings. New construction or substantial improvements of elevated buildings that 39include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation February 11, 2010 17 FLOOD PREVENTION REQUIREMENTS 1shall be designed to preclude finished living space and designed to allow for the entry and exit of 2floodwaters to automatically equalize hydrostatic flood forces on exterior walls. 3(a)Designs for complying with this requirement must either be certified by a professional 4engineer or architect or meet the following minimum criteria: 5(1)Provide a minimum of two (2) openings having a total net area of not less than one (1) 6square inch for every square foot of enclosed area subject to flooding; 7(2)The bottom of all openings shall be no higher than one (1) foot above grade; and 8(3)Openings may be equipped with screens, louvers, valves or other coverings or devices 9provided they permit the automatic flow of floodwaters in both directions. 10(b)Electrical, plumbing and other utility connections are prohibited below the base flood 11elevation; 12(c)Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles 13(garage door) or limited storage of maintenance equipment used in connection with the premises (standard 14exterior door) or entry to the living area (stairway or elevator); and 15(d)The interior portion of such enclosed area shall not be partitioned or finished into separate 16rooms. 174.Floodways. The following provisions shall apply to floodways within areas of special flood 18hazard established hereinbefore: 19(a)Prohibit encroachments including fill, new construction, substantial improvements, and 20other development unless certification (with supporting technical data) by a Florida registered engineer is 21provided demonstrating that encroachments shall not result in any increase in flood levels during 22occurrence of the base flood discharge. 23(b)If Paragraph B.4.a is satisfied, all new construction and substantial improvements shall 24comply with all applicable flood hazard reduction provisions of Section 3. 25(c)Prohibit the placement of any manufactured homes (mobile homes) except in an existing 26manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed 27on a lot in an existing manufactured home park or subdivision provided the anchoring standards and 28elevation standards outlined hereinbefore are met. 295.Coastal high hazard area (V zones). Located within the areas of special flood hazard 30established herein are areas designated as coastal high hazard areas. These areas have special flood 31hazards associated with wave wash; therefore, the following provisions shall apply: 32(a)All buildings or structures shall be located landward of the reach of the mean high tide. 33(b)All buildings or structures shall be elevated so that the lowest supporting member 34(excluding pilings or columns) is located no lower than the base flood elevation level, with all space below 35the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative 36screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of 37abnormal wave action. February 11, 2010 18 FLOOD PREVENTION REQUIREMENTS 1(c)All buildings or structures shall be securely anchored on pilings or columns. 2(d)All pilings and columns and the attached structures shall be anchored to resist flotation, 3collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all 4building components. The anchoring and support system shall be designed with wind and water loading 5values which equal or exceed the hundred-year mean recurrence interval (one {1} percent annual chance flood). 6 7(e)A Florida registered engineer or architect shall certify that the design, specifications and 8plans for construction are in compliance with the provisions contained in paragraph B.5.b, c and d. 9(f)No fill shall be used as structural support. Non-compacted fill may be used around the 10perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, 11(thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping 12effects or wave deflection. The development department shall review design plans for 13landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect and/or 14soil scientist, which demonstrates that the following factors have been fully considered: 15(1)Particle composition of fill material does not have a tendency for excessive natural 16compaction; and 17(2)Volume and distribution of fill will not cause wave deflection to adjacent properties; and 18(3)Slope of fill will not cause wave run-up or ramping. 19(g)There shall be no alteration of sand dunes or mangrove stands which would increase 20potential flood damage. 21(h)Lattice work or decorative screening shall be allowed below the base flood elevation 22provided they are not part of the structural support of the building and are designed so as to breakaway, 23under abnormally high tides or wave action, without damage to the structural integrity of the building on 24which they are to be used and provided the following design specifications are met: 25(1)No solid walls shall be allowed; and 26(2)Material shall consist of wood or mesh screening only. 27(i)If aesthetic lattice works or screening are utilized, such enclosed space shall not be used for 28human habitation. 29(j)Prior to construction, plans for any structure that will have lattice work or decorative 30screening must be submitted to the development department for review. 31(k)Prohibit the placement of manufactured homes (mobile homes), except in an existing 32manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed 33on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation 34standards of this chapter are met. 35(1)Any alteration, repair, reconstruction or improvement to a structure shall not enclose the 36space below the lowest floor except for lattice work or decorative screening, as provided for in paragraph 37B.6.h and i. February 11, 2010 19 FLOOD PREVENTION REQUIREMENTS 1C.Standards for areas of shallow flooding (AO zones). Located within the areas of special flood 2hazard established in Section 1.F are areas designated as shallow flooding. These areas have special flood 3hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does 4not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following 5provisions apply: 6(1)All new construction and substantial improvements of residential structures shall have the 7lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, 8in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including 9basement, shall be elevated at least two (2) feet above the highest adjacent grade. 10(2)All new construction and substantial improvements of non-residential structures shall: 11(a)Have the lowest floor, including basement, elevated to the depth number specified on the 12flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the 13lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade, or 14(b)Be completely flood proofed to or above that level so that any space below that level has 15watertight walls substantially impermeable to the passage of water; structural components having the 16capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and utility and sanitary 17facilities completely flood proofed. 18D.Standards for subdivision proposals. 191.All subdivision proposals shall be consistent with the need to minimize flood damage. 202.All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical 21and water systems located and constructed to minimize flood damage. 223.All subdivision proposals shall have adequate drainage provided to reduce exposure to flood 23hazards. 244.Base flood elevation data shall be provided for subdivision proposals and other proposed 25development which contains more than fifty (50) lots or is larger than five (5) acres. 26E.Standards for small streams. Where small streams exist, but where no base flood data has been 27provided or where no floodways have been provided, the following provisions apply: 281.No encroachments, including fill material or structures, shall be located within a distance of the 29stream bank equal to five (5) times the width of the stream at the top of bank or twenty (20) feet on each 30side from top of bank, whichever is greater unless certification by a Florida registered engineer is provided 31demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence 32of the base flood discharge. 332.New construction or substantial improvements of structures shall be elevated or flood proofed in 34accordance with elevations established in accordance with Section 2.B.11. 35(Ord. No. 08-033,§ 3, 12-16-08) 36 37 38 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 4 Site Development Standards\Final\Amended\Article X Flood Prevention Requirements.doc February 11, 2010 20 EXCAVATION AND FILL REGULATIONS ARTICLE XI. EXCAVATION AND FILL REGULATIONS 1 2 Section 1. General. 3CHAPTER 8 EXCAVATION AND FILL REGULATIONS 4 5Article I. In General 6Article II. Classifications 7Article III. Permitting 8Article IV. Construction 9Article V. Nuisance Abatement 10Article VI. Restoration Surety 11 A. Short Title. 12This article shall hereafter be known and cited as the “City 13Excavation and Fill Regulations.” Section 1. Short title.This chapter chapter may 14be referred to as the “Boynton Beach Excavation and Fill Regulations.” 15 B. Purpose and Intent. 16Section 2. Purpose and intent. The purpose of this 17article chapter is to provide a set of regulations which govern the excavating, 18dredging,filling, and / or grading dredging of materials on privately owned land 19within the City of Boynton Beach. It is intended that these regulations provide a 20minimum set of standards to be followed when excavating, dredging, filling, and/or 21grading dredging of materials is proposed within the city in order to protect the 22health, safety, and welfare of current and future residents. The issuance of a permit 23by the city pursuant to this chapter shall not relieve any party from obtaining the 24necessary excavation, dredge and fill permits from other state, federal or local 25governmental agencies which may have jurisdiction over the proposed fill, dredge or 26excavation, and it shall not permit the destruction of ocean front dunes seaward of 27the Coastal Construction Control Line (CCCL) established by the State of Florida. 28which is strictly prohibited. See also Part III (Land Development Regulations), 29Chapter 4, Article I, Section 1.F. LDR Chapter 7.5, Article I, Section 5B; Part II 30(Code of Ordinances), Chapter 10, Sections 10-23; 10-26(d) and 10-30; and Part III 31(Land Development Regulations), Chapter 3, Article IV, Section 1.H LDR Chapter 322, Section 4, paragraph N9. It is intended that requirements contained herein 33Chapter 8 apply to all excavating, dredging, filling, and grading dredging activities 34whether they are performed as part of the improvements required in the platting 35process; when associated with simultaneous building construction; or when 36performed as a separate operation. (Ord. No. 96-58, § 1, 1-21-97)Section 4. 37Objectives. The objectives of these regulations include, but are not limited to, the 38following: 39 1. Safety. 40 A. To provide a maximum degree of safety and 41protection for the public through the orderly control of excavation operations; 42 2.Mitigation. 43 B. To mitigate nuisances and reduce the negative 44impact of excavation operation on the residents of Boynton Beach and the 45environment; 46 September 23, 2010 1 EXCAVATION AND FILL REGULATIONS 3. Hazards. 1C. To provide a living environment for future 2residents that of Boynton Beach which is relatively free from hazards which 3could result from misdirected excavation operations; and 4 4. Order. 5D. To provide for the orderly excavation of land 6consistent with the public health, safety and welfare.; and 7 5. Ecosystems. 8E. To prohibit land clearing practices that destroy 9native Florida ecosystems in whole or in part. (Ord. No. 96-58, § 2, 1-21-97) 10 C. Administration. 11The City Engineer or designee shall have the authority 12to interpret and administer this article. 13 D. Applicability. 14 Section 3.Scope. These regulations shall be 15applicable to all lands within the corporate limits of the City city of Boynton Beach. 16It is intended that requirements contained herein apply to all excavating, dredging, 17filling, and grading activities whether they are performed as part of the 18improvements required in the platting process; when associated with simultaneous 19building construction; or when performed as a separate operation. 20 E.Exemptions. 21 The construction of a single-family or duplex dwelling unit on 22an individually platted lot within single-family or two-family residential zoning 23districts. D. Exemptions. Single-family and duplex residential lots are is 24hereby exempt from securing a separate permit pursuant to this Article. (Ord. No. 2596-58, § 4, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3- 2603) 27 F. Terms and Definitions. 28See Chapter 1, Article II for all applicable 29terms and definitions which pertain to the regulations and standards contained 30herein. 31 G. Conflict. 32Whenever the regulations and requirements of this code 33conflict with any other lawfully enacted and adopted rules, regulations, ordinances, 34or laws, the most restrictive shall apply, unless otherwise stated herein. 35 H. Relief from Standards. 36 In addition to the regulations of this article, all 37lands shall be improved in conformance with the minimum standards as set forth in 38the current Engineering Design Handbook and Construction Standards or latest 39supplement thereof. Any deviation from the excavation and fill regulations 40contained herein or within the Engineering Design Handbook and Construction 41Standards requires the approval of a waiver application, which is subject to review 42and approval of the City Engineer. A request for a waiver shall be reviewed in 43accordance with Chapter 2, Article III, Section 9.C. 44 Section 2. City Approval Required. 45 46 September 23, 2010 2 EXCAVATION AND FILL REGULATIONS 1No excavating, dredging, filling, and grading activities shall commence without first 2securing the necessary City approvals and permits as provided hereunder, except in 3instances when exempt from these regulations in accordance with Section 1.D above. The 4following processes and permits are intended to ensure that all excavating, dredging, filling, 5and grading activities comply with the standards of this article: 6 A. Private Property and Public Lands. 7 The property owner or agent 8shall file the following applications prior to commencement of any of the 9aforementioned improvements: 10 1. Site Plan Review. 11 The site plan review process shall be required 12and in accordance with the procedures set forth in Chapter 2, Article II, 13Section 2.F. prior to the issuance of any land development permit. For the 14purpose of this subsection, the term “site plan” is construed to include master 15site plan and technical site plan applications. 16 2. Land Development Permit. 17 18 a. 19 The land development permit process shall only be initiated 20subsequent to the approval of the following: 1) final plat application 21in accordance with the procedures set forth in Chapter 2, Article II, 22Section 2, unless otherwise determined by the City Engineer; and 2) 23site plan application, except in those instances when site plan review 24is not required. 25 b. 26The land development permit application shall be processed in 27accordance with the procedures set forth in Chapter 2, Article III, 28Section 3. The applicant must secure approval from the City 29Commission for all work involving the movement of material 1,000 30cubic yards or greater beyond the property lines. 31 c. 32 Any excavation or fill activity that includes the removal, 33relocation, or replacement of existing plant material shall be subject to 34the environmental protection standards of Chapter 4, Article I. For 35clarification, a community garden shall be exempt from the Tree 36Preservation Ordinance with respect to the fruits, vegetables, nuts, 37and herbs growing on the subject property in connection with the 38approved activity. 39 d. 40 The issuance of a land development permit shall not relieve 41any party from obtaining the necessary permits which may be 42required by the various federal, state, or local government agencies. 43 B. City Rights-of-Way. 44 A right-of-way permit application shall be required for 45any proposal to construct, reconstruct, repair, alter, or grade in, or upon, any area 46within a city right-of-way in accordance with the procedures set forth in Chapter 2, 47Article III, Section 4. September 23, 2010 3 EXCAVATION AND FILL REGULATIONS 1 22. Reviews. a. Commission review. (1) When required. The applicant must secure approval of the 3City Commission for all work which includes the moving of more than 1,000 cubic yards of materials 4beyond the project property lines. Exception: work associated with plat approval does not require second 5Commission approval; however, a permit shall still be secured through the city engineer for the movement 6of stated materials. 7 Section 3. Classifications of Excavation and Fill Activities. 8ARTICLE II. 9CLASSIFICATIONS 10Classification of activities. For the purpose of this section chapter, excavating, filling, and 11dredging, and grading activities are further classified as follows: 12 13A. Category 1—Activity involving the excavation and filling of materials not 14more than two (2) feet below existing grade with no materials moved beyond the 15project property lines. 16 A. Category 1. 17 B. Category 2—Activity involving the excavation and/or 18filling of materials not more than two (2) feet below existing grade with excavated 19materials moved beyond the project property lines. 20 B. Category 2. 21 C. Category 3—Activity involving the excavation and 22filling of materials more than two (2) feet below existing grade or excavation below 23the water table with no materials moved beyond the project property lines. 24 C. Category 3. 25 D. Category 4—Activity involving the excavation of 26materials more than two (2) feet below existing grade or excavation beyond the 27water table with materials being moved beyond the project property lines. 28 29E. Category 5--Activity involving less than one hundred cubic yards of dredged 30material with no materials moved beyond the project property lines. 31 32F. Category 6--Activity involving either one hundred cubic yards of dredged 33material or movement of any quantity or dredged material beyond project property 34lines. (Ord. No. 96-58, § 3, 1-21-97) 35 Section 4. Standards. 36ARTICLE IV. CONSTRUCTION 37 38The following standards shall apply to all applications for “Excavation and Fill Permits”: 39 A. Water Bodies. 40A. Creation of water bodies. In instances involving 41the creation of water bodies as a result of excavating materials, work shall comply 42with the requirements of the South Florida Water Management District (SFWMD) 43water management district except the City city may impose more stringent 44requirements when judged to be in the public interest. Those requirements include 45but are not limited to littoral and upland plantings in accordance with Chapter 4, 46Article II, Section 3.A.9. Those requirements include, but are not limited to, the September 23, 2010 4 EXCAVATION AND FILL REGULATIONS 1planting of fifty (50) per cent of the lake perimeter with approved littoral and upland 2plantings. 3 4All water bodies such as lakes, canals, and other stormwater detention areas used for 5stormwater management shall be placed in water management tracts shown on 6recordable documents, and dedicated to the entity responsible for their maintenance. 7All water management tracts shall be constructed in accordance with City city 8standards. 9 10The ownership and maintenance responsibility for drainage facilities, including 11lakes, shall be clearly stated in documents recorded in the County Clerk’s county 12clerk's records. Official copies of the recorded documents will be given to the City 13city prior to issuance of a certificate of completion. 14 B. Inspections. 15 B. Inspections and reports. 1. Inspections by city. In 16connection with the administration of this section chapter, inspections shall be 17requested by the developer as prescribed by the director of development and / or the 18City Engineer. city engineer or his designee if the construction is part of a land 19development permit, or by the city engineer if the construction is for excavation, 20filling and / or dredging or for work within the public right-of-way, and will become 21a part of the final record of the project for which the permit is applicable. 22 C. Reports 23. 2. Required reports. A certified report shall be submitted 24each month by the applicant's Florida registered engineer. 25 26Each report shall certify that the work is (or is not) conforming with the requirements 27of the permit. If the work is not in conformance, then the report must list each item 28of work not consistent with the stipulations of the permit and the remedial action that 29the engineer has taken concerning each item. 30 D. Mitigation 31. E. Mitigation. If building construction on the site is to be 32delayed more than thirty 60 days after the site is cleared or partially cleared, all 33disturbed portions of the site shall be seeded and mulched as described in Chapter 4, 34Article I, Section 2.E Chapter 7.5, Article I, Section 19.C. The intention of this 35paragraph is to provide adequate ground cover to all portions of a disturbed site until 36permanent ground cover is installed. 37 38ARTICLE V. NUISANCE ABATEMENT The applicant shall control blowing 39sand, dust and other airborne particulate matter during clearing, grubbing, excavation 40and filling and until such time as permanent ground cover is installed. All 41Melaleuca, Brazilian Pepper and Australian Pine which occurs on the site shall be 42removed. 43 E. Archeological Artifacts. 44 F. Discovery of archeological artifacts. 45Construction must immediately cease upon discovery of archeological artifacts, and 46certified notification must be forwarded within 24 hours to the Division of Archives, 47History and Records Management, Florida Department of State. Artifacts must be September 23, 2010 5 EXCAVATION AND FILL REGULATIONS 1protected by the developer to the satisfaction of the division prior to 2recommencement of construction in the immediate area of the discovery. (Ord. No. 396-58, § 5, 1-21-97; Ord. No. 02-033, § 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03) 4 5Section 4. Clearing, grading, filling. Grade, excavate and/or fill to comply with 6this chapter, taking into consideration the existing and future grade of adjacent 7properties and rights-of-way. Prior to commencement of any construction activity 8on the site, a reclamation plan in compliance Chapter 8, Article III, Section A, 9paragraph 1a, shall be approved by the city engineer. Clear all rights-of-way and 10make all grades for streets, alleys, lots, water tracts and other areas compatible for 11drainage as prescribed in the drainage design. Type of fill within dedicated rights- 12of-way and other dedicated land shall be satisfactory to the city engineer, based on 13soil tests provided and paid for by the developer, who shall certify as to the type of 14material and method of placement. In the interest of the preservation of existing 15trees and other natural beauty, the city engineer, following consultation with the city 16forester, may vary the requirements of this section where aesthetic and 17environmental conditions will be enhanced but will not affect proper drainage of the 18area. 19 20Blowing sand, dust and other airborne particulate matter shall be controlled in 21compliance with Chapter 7.5, Article I, Section 19C. Remove all Melaleuca, 22Brazilian Pepper and Australian Pine. (Ord. No. 96-56, § 1, 1-21-97; Ord. No. 02- 23033, §§ 3, 4, 8-20-02) 24 Section 5. Restoration Surety. 25. ARTICLE VI. RESTORATION SURETY 26 27Applicant must submit surety as outlined in Chapter 2, Article III, Section 6 Chapter 7 in the 28amount of 110% one hundred ten (110) per cent of the engineer's certified cost for work 29according to this section. The City shall, at all times, have the authority to draw upon the 30surety and complete the work should the applicant be in default of the permit requirements 31restoring the site to its original condition including, but not limited to, repair of access/haul 32routes; seed; sod; trees and utilities. 33 Section 6. Penalties. 34 35 36The City or any other legal authority shall enforce any violation of this article pursuant to 37the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land 38Development Regulations. 39 40Stoppage of Work.C. Stoppage of work. 41 42Failure to comply with the plans of record shall result in an order to stop work from either 43the director of development or the city engineer or their designee.D. Violations. In 44addition to the remedy afforded in this section Article IV. C, the city may enforce the 45provisions of this chapter as follows: 46 September 23, 2010 6 EXCAVATION AND FILL REGULATIONS 11.Violation of the provisions of this chapter shall be a misdemeanor of the 2second degree punishable by up to sixty (60) days in jail and/or a five hundred dollar 3($500.00) fine and the city may prosecute violation of this chapter as such. 4 52.The city may seek a mandatory injunction with the circuit court of the 6Fifteenth Judicial Circuit in and for Palm Beach County to enjoin violations of this 7chapter. Upon any violation of this chapter, the court shall have the power to enjoin 8said nuisance by injunction and may require that the land upon which the violation 9has been committed be returned to its condition prior to the illegal excavation or as 10close thereto as reasonably possible. Further, any party creating the nuisance 11pursuant to this chapter shall be responsible for all city's costs including attorney's 12fees for bringing the injunction action pursuant to this section. 14 13 S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 4 Site Development Standards\Final\Amended\Article XI Excavation and Fill 15 Regulations.doc September 23, 2010 7