O80-28ORDINANCE NO. 80-~
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
APPENDIX A ZONING REGULATIONS OF THE CODE
OF THE CITY OF BOYNTON BEACH, FLORIDA BY
AMENDING SECTION 1, DEFINITION OF TERMS
BY PROVIDING FOR DEFINITION FOR THE TERM
"ADEQUATE SCREENING"; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVID-
ING A SAVINGS CLAUSE; AUTHORITY TO CODIFY;
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
NOW, THEREFORE., BE AND IT IS HEREBY ORDAINED BY THE CITY
COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Appendix A, Zoning Regulations, Section 1 of
the Code of the City of Boynton Beach, Florida, is hereby amended
to read as follows:
Section 1. Definitions of Terms.
General definitions. Ail words used in the present tense
shall include the future tense; all words in the singular number
shall include the plural number and all words in the plural number
shall include the singular number unless the natural construction
indicates otherwise; the words "used for" shall include the mean-
ing "designed for"; the word structure shall include the word
"building"; the word "lot" shall include the words "plot and
tract"; and the word "shall" is mandatory..
D'ef'initions. For purposes of these regulations, the fo
ing terms or words shall be used in interpretation of the purpose
and intent:
Abu'tting prop'erty. See "contiguous."
Access. The principal means of ingress and egress of
abutting property from a publicly dedicated right-of-way.
ACcessory building or structure. A detached, subordinate
building, the use of which is clearly incidental and related to
that of the principal building or use of the land, and which is
located on the same lot as that of the principal building or use.
Accessory use. A use that is customarily incidental to
the principal use and so necessary or commonly to be expected th~
it ~annot be supposed that these regulations intended to prevent
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it. Accessory uses, unless otherwise provided, shall be located
on the same premises as the principal use.
Adequate Screening. To conceal from public view materials
on private property with a structure made of metal, wood or masonr~
Said structure shall meet the requirements of the Southern Standar~
Building Code.
Adult Entertainment Establishment. A commercial enter-
prise which predominatety limits admission to "adults only" owing
to the sexual nature of its merchandise or entertainment. Such
establishments may include but not be limited to adult book stores
adult theatres, adult lounges, adult health studios, adult motels
or hotels with nude, bottomless or topless entertainment or
employees.
Alley. A right-of-way which affords onlY a secondary
means of access to property abutting thereon and is not intended
or used for general traffic circulation.
~lterationS, bUilding~ Any change in the structure which
will increase the number of useable units, the floor area, or
h~ight of the structure.
Apartment. A room or a suite of rooms occupied, or
which is intended or designed to be occupied, as the home or
residence of one il) individual, family or household, for house~
keeping purposes~
Apartment, eff±ciency~ A dwelling unit consisting of
one (1) room, other than a bathroom, and providing cooking faci-
lities.
Auto Parts Sales (retail). Sale of auto parts from a
commercial establishment for installation and use off premises.
AUtOmotiveserVice stations. A building or other structur
on a tract of land used exclusively for retail sale of gasoline
or other motor fuels and for any accessory uses such as the sale
of lubricants, accessories, supplies, the lubrication of motor
vehicles, the minor adjustment or repair of motor vehicles. (See
definition; "minor repairs.") No vehicles shall be stored nor
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major mechanical repairs done on the lot. A public parking lot
or public parking garage is not a permitted accessory use.
Boarding and rooming house. A building other than a hotel
or motel providing lodging and where meals are or are not served
for compensation.
Boatel. Yachtel.
Building. Any structure constructed or built for the
support, enclosure, shelter, or protection or chattels, persons,
animals or the like. The word "building" includes the word
"structure" and shall include anything constructed or erected
which requires permanent location on the ground or is attached to
anything having a permanent location on the ground and shall in-
clude, but not be limited to, such structures as homes, hotels,
motels, apartments, stores, service stations, radio towers, bill-
boards, cooling towers, tanks, smokestacks, grain elevators, and
silos. Such terms shall be construed as if followed by the phrase
"or part thereof".
Building area. The portion of a lot remaining after
the required setbacks have been provided. Buildings may be
in any part of the building area, but limitations on the percen-
tage of the lot which may be covered by buildings may require o
space within the building area~
Building O'fficial. The official in charge of the build-
ing department, or his authorized representative charged with
administration and enforcement of the building and zoning codes
for the City of Boynton Beach~
Building,'j!rinci~_~. A building in which is conducted
the main or principal use of the lot on which said building is
situated.
Building'setback line. A line delineating the minimum
allowable distance between the property line and the building.
Building site. A portion or parcel of land considered
as a unit, devoted to a certain use or occupied by a building or
group of buildings that are united by a common interest or use,
and the customary accessories and open spaces belonging to the
same.
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Business office. Any commercial activity primarily con-
ducted in an office, not involving the sale of goods or com-
modities available in an office and not dispensing personal ser-
vices, and including such businesses as real estate broker,
insurance offices, accountants, credit reporting agencies, tele-
phone answering services, or any similar uses.
Car wash (automatiC or self-service). A building or area
which provides facilities for washing and cleaning motor vehicles,
which may use production line methods with a conveyor, blower, or
other mechanical devices, and which may employ some hand labor.
Carport. A roofed area open on one (1), two (2) or three
(3) sides and attached to the main building, for the storage of
one (1) or more vehicles.
Centerline. A line midway between the right-of-way lines
or the surveyed and prescribed centerline established by' the
City Engineer which may or may not be the line midway between the
existing or proposed right-of-way lines.
Certificate Of~ oe'cupancy. A statement signed by th~ city
building official setting forth that a building or structure
legally complies with the City of Boynton Beach Building and Zon-
ing Codes and that the same may be used for the purposes stated
therein.
Clinic. An establishment where patients, who are not
lodged overnight except for observation or emergency treatment,
are admitted for examination and treatment by one (1) person or
group of persons practicing any form of healing or heal'th build-
ing services to individuals, whether such persons be medical
doctors, chiropractors, osteopathS, chiropodists, naturopaths,
optometrists, dentists, veterinarians, or any such profession, the
practice of which is lawful in the State of Florida.
Club. Buildings and facilities owned and operated by
a corporation or association of persons for social or recrea-
tional purposes but not operated primarily for a profit or to
render a service which is customarily carried on as a business.
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Completely enclosed. A building separated on all sides
from the adjacent open area, or from other buildings or Other
structures, by a permanent roof and by exterior walls or party
walls, pierced only by windows or entrances or exit doors normally
provided for the accommodation of persons, goods, or vehicles.
Contiguous. Lands are contiguous if they adjoin each
other or if separated only by streets, ways, easements, pipelines,
powerlines, conduits, or rights-of-way under ownership of the
petitioner, or a governmental agency, or subdivision, or public
or private utility.
Corner. See lot.
Cul-de-sac. A circular turnaround on a minor street with
only one (1) outlet.
DensitM. An existing or projected relationship between
numbers of dwelling units and land area.
Dev~eloep~_~. Any individual, firm association, syndicate,
copartnership, corporation, trust or any other legal entity com-
mencing proceedings under this ordinance.
District. Any certain described area of the City of
Boynton Beach to which these regulations apply and within which
the zoning regulations are.uniform.
DriVe-in' r~staUrant~ A restaurant which is designed
and equipped to serve, food and beverage to patrons in automobiles,
and/or to allow consumption of food and beverages by patrons in
automobiles on the premises.
Dwell±n~ unit. A house, apartment, or building used
primarily for human habitation and shall include bath and culi-
nary accommodations.
1. Single family dwelling: A building
containing one single family dwelling unit.
2. Multiple family dwelling: A building
containing two (2) or more dwelling units.
Easement. Any strip of land created by a subdivider
or granted by the owner, for public or private utilities, drainage
sanitation or other specified uses having limitation, the title
to which shall remain in the name of the property owner, subject
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to the right of use designated in the reservation of the servi-
tude.
Engineer, registered~ A professional engineer registered
by the State of Florida and trained in the field of engineering.
Engineering department. The office of the city engineer
for the City of Boynton Beach.
Enlargement or to enlarge. An enlargement is an addition
to the floor area of an existing building, an increase in the
size of any structure, or an increase in that portion of a tract
of land occupied by an existing use. To enlarge is to make an
enlargement.
F~'amily. A single person occupying a dwelling unit and
maintaining a household, including two (2) or more persons related
by blood, marriage, or adoption occupying a dwelling, living
together and maintaining a co~on household. A common household
shall be deemed to exist if all members thereof have access to
all parts of the dwelling.
Floor area, minimum. The area of the floor or floors
measured from the centerline of the exterior walls to the center-
line of dividing walls. The area for garages, roofed-over screene
porches and utility rooms shall be credited for fifty (50) per
cent of floor area. Open porches and carports shall be credited
with twenty-five (.25) per cent of floor area. Accessory buildings
shall not count as floor area if not accessible from the interior
of the building. Not more than ten (10) per cent of any minimum
floor area shall be credited to screened-in porches or breezeways~
G'arage, pUbli'c p~arki_,n_~. A building or other structure
which provides parking or storage for motor vehicles.
Genera'l d~eVe'Iopment plan. The official public document
adopted by the City of Boynton Beach as a policy guide to oresent
and future land use decisions~
Grade, f'in'i~sh]ed. The average level of the finished sur-
face of the ground adjacent to the exterior walls of the building.
Home O~CcUpa'tion~ Any occupation in connection with which
there is kept no stock in trade nor commodity sold upon the pre-
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mises, no person employed other than a member of the immediate
family~residing upon the premises, and no mechanical equipment
used except such as is permissible for purely domestic or house-
hold purposes.
Hotel. Any building containing principally sleeping rooms
in which transient guests are lodged with or without meals, with
no provision made for cooking in any individual room or suite and
having or not having one (1) or more dining rooms, restaurants or
cafes as accessory uses. Such building would structurally and for
purposes of safety be obliged to conform to the laws of the hotel
and restaurant commission.
Hotel apartment. Any building containing a mixture of
sleeping rooms and apartment suites for transient guests. Build-
ings designed as hotel apartments shall have not more than one-
third of the total units devoted to apartment suites. Dining room~
and lounges would be permitted as an accessory use.
Junkyar~ An open area where waste, used or second-
hand materials are bought, sold, exchanged, stored, baled, packed
or disassembled, including but not limited to scrap iron and
other metals and waste materials. A junkyard includes an auto-
mobile wrecking yard and secondhand automotive parts yard.
Laundry and dry ~cleanin~, self-'service. A business that
provides home-type washing, drying, dry cleaning, and/or ironing
machines for hire, to be used by customers on the premises~
Legal access. A dedicated and recorded right-of-way,
or easement, excluding utility or drainage easements, affording
perpetual ingress and egress from a subject property to a public
thoroughfare.
Limited access. A highway or freeway which, does not
per'mit access except at authorized and connrolled points. The
acquisition of right-of-way for such highways or freeways usually
includes the acquisition of access rights thereto. Access may
also be limited through methods other than acquisition of access
r~ghts.
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Loading space. Az
ing onto and unloading fr~
truck berths located eithe
on the same lot.
Lot.
Is either:
1. A lot of
recorded
circuit
on the e
applicab
2. A tract
or a tra
sisting
effectiv
applicab
one owne
A tract
for a bu
owner or
to he us
under on
Lot area. The tot
LOt corner. Eithe~
or a lot which adjoins the
more streets.
Lot coverage. Tha'
pressed as a percentage oct
commodation off the street for load-
m trucks, in the form of one or more
r within a building or in an open area
record as part of a land subdivision,
in the office of the clerk of the
court of Palm Beach County, and existing
ffective date of the regulations, or any
le subsequent amendment thereto, or
of land under a unity of title document
ct of land, either unsubdivided or con-
of abutting lots of record which on the
m date of these regulations or any
le subsequent amendment thereto, was in
~shiP, or
~f land, which at the time of filing
[lding permit is designated by its
developer as a tract all of which is
~d, developed or built upon as a unit
ownership.
1 area included within lot lineS.
a lot bounded entirely by streets,
point of intersection of two (2) or
portion of the area of a lot, ex-
upied-by all buildings or structures
three (3) feet above the su~rface ground level.
Lot de.~t~. The lei
the midpoint of the front
point of the rear property
Lot frontage.. The
street, it is also the fror
Lot, interior. An~
a through lot.
Lot, through (~'oub
lot, having both the front
public street.
Lot, width. The d~
measured at right angles tc
front and rear property lin
~gth of a straight line drawn from
,roperty line of the lot to the mid-
line of the lot~
property line adjacent to a public
Lt property line.
lot that is neither a corner lot nor
e frontage). Any lot, not a corner
and rear property lines adjacent to a
stance between the side lot lines
the lot depth at a point between the
es.
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Major repairs. They shall include complete engine over-
haul and/or replacement of internal parts of engines. Also in-
cluded is repair of any portion of the drive mechanism, body and
fender work, painting and customizing.
Major thoroughfares. A main traffic artery connecting
two (2) or more municipalities.
Marina. A facility designed to provide a variety of
accommodations and services for local or transient boaters, such
as fueling, dockage, retail sales of marine supplies, equipment,
boats, motors and trailers, wet or dry storage, hauling, making
minor repairs or alterations; the latter while in wet or dry
storage. Where possible, all repairs, especially major repairs,
will be accomplished within an enclosed or three-quarter enclosed
building.
Minor repairs. They shall include engine tune-up, car-
buretor repair, wheel-balancing and replacement and/or repair of
external parts of engines.
Mobile home. A manufactured detached, transportable,
single family dwelling unit designed for long term occupancy and
arriving at the site where it is to be occupied as a complete
dwelling unit, containing all conveniences and facilities, with
plumbing and electrical connections provided for attachment to
approved utility systems. To retain mobility, undercarriage and
axles must remain attached to the unit.
MOtel. A building or group of buildings which contains
sleeping accommodations for transient occupancy, and has in.
entrances to serve such sleeping units. No provisions shall be
made for cooking in any individual room. Motels may have one or
more dining rooms, restaurants or lounges as accessory uses.
Motel aR'ar'tment. Any building containing a mixture of
sleeping rooms and apartment suites for transient guests only,
Dining rooms and lounges would be permitted as an accessory use.
Nurserysch'ool's~ and/or preschoOl facilities. A super-
vised training and/or socializing center for children~
Open space. A required exterior open area clear from
the ground to the sky devoid of residential and commercial build~
ings, and accessory structures.
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Parking space. A surfaced area, enclosed or unenclosed,
sufficient in size to store one automobile, together with a drive-
way connecting the parking space with a street or alley and per-
mitting ingress and egress of an automobile.
Plat. A map depicting the division of land into lots,
blocks, parcels, tracts or other portions thereof.
Restaurant. A commercial use containing all necessary
equipment and supplies for serving full course meals on a regular
basis; however, any restaurant granted an alcoholic beverage li-
cense must receive at least one-half (1/2) of its gross proceeds
from the sale of food and not alcoholic beverages. Additionally,
no restaurant shall be permitted to sell alcoholic beverages for
off-premises consumption or to operate a package store at the same
location°
Rezoningo The legal process by which changes are made
to the boundary or boundaries of a zoning district(s) or where a
new boundary or boundaries are established for a zoning district(s
This process is known herein as a district boundary change.
Rf_g~t'-Of'-Way~ A strip of land dedicated or deeded to
the perpetual use of the public.
Setback. A line running a certain distance back from
and parallel to the base front, side or rear property line which
provided the separation wherein no building, structure or portion
thereof shall be permitted~ erected, constructed, or placed unless
speCifically permitted by this Code.
ShopP'in~'Ce.nt'er. A group of retail commercial and/or
service establishments planned, developed, managed and operated as
a unit.
S'tora~Z~Open, The safekeeping of any goods or products
in an unoccupied space open to the sky for eventual removal not
expected within seventy-two (72) hours or for continuous replace-
ment by same or similar goods or products~
Street. A strip of land, owned privately or publicly,
Which affords the principal means of access to abutting property.
The word "street" includes road, thoroughfare, parkway', avenue,
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boulevard, .expressway, lane, throughway, place, square, or however
otherwise designated within the above-mentioned roadway.
Street, marginal access. A street which is parallel and
adjacent to an expressway, arterial street or limited access stree
Subdivison. The division of a parcel of land into two
(2) or more lots or parcels, either by plat into lots and blocks
or by metes and bounds description, for the purpose of transfer
of ownership or development or, if a new street is involved, by
division of a parcel of land.
Surveyor. A land surveyor registered in the State of
Florida.
Swimming pool. Any confined body of water, located either
above or below the existing finished level of the site, exceeding
two (2) feet in depth, designed, used, or intended to be used
for swimming or recreational purposes.
Thorough'fare plan. The plan of present and future streets
adopted by the City of Boynton Beach
Use. Any purpose for which a building or other structure
or a tract of land ma~ be designed, arranged, intended, maintained
or occupied; or any activity, occupation, business or operation
carried on, or intended to be carried on, in a building or other
structure or on a tract of land.
Use, ~. The primary purpose for which land or
building is used as permitted by the applicable zoning district.
Yachtel. A marina or dockage offering onshore overnight
accommodations.
Yard. An open space on the same lot with a building,
unoccupied and unobstructed from the ground upward, except by
trees or shrubbery or as otherwise provided herein~
Section 2. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 3. That should any section or provisions of this
ordinance or any portion hereof, any paragraph, sentence or word
be declared by a court of competent jurisdiction to be invalid,
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1980.
such decision shall not affect the validity of the remainder of
as a whole or any part thereof other than the part to be declared
invalid.
Section 4. Specific authority is hereby granted to
codify this ordinance.
Section 5. This ordinance shall take effect on the tenth
day after its final passage.
FIRST READING this ' /~ day of ~ , 1980.
SECOND and FINAL READING this /3~.~.~d~y of ~ ,
CITY OF BOYNTON BEACH, FLORIDA
By
Mayor
Vic
ATTEST:
City Clerk
Corp. Seal
Council Member
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