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